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HomeMy WebLinkAboutAgenda Packet 1993/12/14 Tuesday, December 14, 1993 6:00 p.m. Council Chambers Public Services Building Regular Meeting of the City of Chula Vista City Council CALL TO ORDER 1. ROll. CAIJ.: Councilmembers Fox _, Horton _, Moore _, Rindone -' and Mayor Nader _ 2. PLEDGE OF AllEGIANCE TO TIlE FLAG, SILENT PRAYER 3. APPROVAL OF MINlITES: December 6, 1993 (Special Meeting of the City Council), and December 8, 1993 (Special Meeting of the City Council). 4. SPECIAL ORDERS OF TIlE DAY: a. Proclamation commending Chula Vista Center wSpirit of Giving- Program - The proclamation will be presented by Mayor Nader. b. Proclamation commending MADD/SADD FOR THEIR EFFORTS OF INCREASING PUBliC AWARENESS ON TIlE DANGERS OF DRINKING AND DRIVING IN TIlE CITY - The proclamation will be presented by Mayor Nader to John and Silvia Barajas, representatives of the MADD Organization. c. Video Presentation: Oregon State Police - DUl Special Offer CONSENT CALENDAR (Items 5 through 20) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion without discussion unless a CounciImember, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a wRequest to Speak Formw available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items. Items pulled by the public will be the first items of business. 5. WRITfEN COMMUNICATIONS: a. Letter suggesting the City improve the street appeal of Candy Cane Lane and Christmas Tree Circle by designing and purchasing modified street signs and directional and entry signs installed for the two weeks of holiday decorations to help the thousands of visitors traditionally visiting the area - Gregory R. Cox, 647 Windsor Circle, Chula Vista, CA 91910. It is recommended that Mr. Cox's letter be acknowledged and that he be notified of staffs efforts to assist visitors to the community during the holiday season. b. Letter requesting the City consent to the detachment of Assessor Parcel Number 562-323-01 and an adjacent approved vacated half-width right-of-way (Fifth Avenue) and inform the Local Agency Formation Commission (LAFCO) - W.S. Cowling II, President, Dixieline Lumber, P.O. Box 85307, San Diego, CA 92186-5307. Staff recommends that this item be referred to Community Development and Planning staff for incorporation into the ongoing negotiations between the City of Chula Vista and the City of National City. Agenda -2- December 14, 1993 6.A. ORDINANCE 2579 ADOPTING ANINfERlM PRE-SR-l25 DEVELOPMENfIMPACfFEE (second readin~) - On 1119/93, Council held a public hearing to amend the Eastern Area Development Impact Fee for Streets (Trans-DIF) and establishment of an interim pre-SR-125 Development Impact Fee. Following the hearing, Council approved both items with the condition that new fees or revised fees not be collected until 111195. Staff recommends Council place the ordinances on second reading and adoption. (Director of Public Works) B. ORDINANCE 2580 AMENDING ORDINANCE 2251 RELATING TO A TRANSPORTATION DEVELOPMENf IMPACf FEE TO PAY FOR TRANSPORTATION FACIIlTIES IN TI-IE CITY'S EASTERN AREA (second readin~) 7. ORDINANCE 2583 AMENDING ORDINANCE NUMBER 2577, REZONING TI-IE 5.8 ACRE PARCEL LOCATED AT TI-IE SOlTniWEST CORNER OF TI-llRD AVENUE AND -yo STREET FROM CoO, OFFICE COMMERCIAL AND R-1, SINGLE FAMILY RESIDENTIAL TO C-C-P, CENfRAL COMMERCIAL, PRECISE PLAN, TO AMEND CERTAIN PRECISE PLAN STANDARDS TI-IEREOF (first readin~) - Council set a public hearing date for 12/7/93, to reconsider the General Plan and Rezoning application of American Stores, Inc. for 5.8 acres located at the comer of Third and "J" Street. After conducting the necessary hearing, Council voted to let their previous action approving the General Plan and rezoning stand as approved by their vote on 1112/93, and moved to amend the Precise Plan standards in accordance with the ordinance. Staff recommends Council place the ordinance on first reading. (Director of Planning) 8. RESOLlfIlON 17330 ACCEPTING FEDERAL LIBRARY SERVICES AND CONSTRUCTION ACf GRANT FUNDS FOR TI-IE CONTINUATION OF SPECIFIC LIBRARY REFERENCE RESOURCES, APPROPRIATING FUNDS AND AMENDING TI-IE FISCAL YEAR 1993/94 BUDGET - For the fourth consecutive year the California State Library has approved the Chula Vista Public Library's application for Major Urban Resource Library (MURL) funds. The Fiscal Year 1993/94 grant amount is $11,615. The funds will purchase Business Collection, a microfilm product of nearly 400 business journals and enhance the career and job seeking materials collection. Staff recommends approval of the resolution. (Library Director) 4/5th's vote required. 9. RESOLlfIlON 17331 ACCEPTING FEDERAL LIBRARY SERVICES AND CONSTRUCTION ACf (LSCA) FUNDS FOR TI-IE PURCHASE OF BOOKS AND MATERIALS TO SERVICE SPANISH-SPEAKING IMMIGRANTS, APPROPRIATING FUNDS AND AMENDING TI-IE FISCAL YEAR 1993/94 BUDGET - The State Librarian has made available Federal Library Services and Construction Act (LSCA) funds to develop a program to improve service to immigrant populations. This is the second year the Castle Park Library has been awarded grant funds which will be used to purchase approximately 700 books and other materials to serve Spanish speaking immigrants. Staff recommends approval of the resolution. (Library Director) 4/5th's vote required. Agenda -3- December 14, 1993 lOA RESOLlJI10N 17308 RECERTIFYING TI-IE FINAL PROGRAM ENVIRONMENfAL IMPACf REPORT (FPER 90-01) FOR TI-IE OTAY RANCH PROJECf; AMENDING TI-IE GENERAL PLAN OF TI-IE CIlY FOR TI-IE 161 ACRE EASTLAKE LAND SWAP; MAKING CERTAIN FINDINGS OF FACf PURSUANT TO TI-IE CAIlFORNIA ENVIRONMENfAL QUALIlY ACf; READOPTING A MITIGATION MONITORING AND REPORTING PROGRAM; READOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS - The applicant is proposing to amend the General Plan as part of the Otay Ranch Project for 161 acres located south and west of EastLake Greens from Low-Medium Residential Medium Residential, and Public/Quasi-Public to Low-Medium Residential, Medium-High Residential, High Residential, Professional and Administrative, and Retail Commercial designations. In addition, the applicant is also proposing as a separate but companion request, an amendment of 74 acres within the existing EastLake Greens community from Low-Medium Residential and Public/Quasi-Public designations. Staff recommends approval of the resolutions. (Director of Planning) Continued from the 12/7/93 meeting. B. RESOLlJI10N 17309 AMENDING TI-IE GENERAL PLAN FOR 74 ACRES LOCATED WITI-lIN TI-IE EASTLAKE GREENS COMMUNIlY, SOUTI-I OF EASTLAKE HIGH SCHOOL AND ON BOTH SIDES OF TI-IE EXTENSION OF EASTLAKE PARKWAY 11. RESOLlJI10N 17332 APPROVING A BOUNDARY LOT ADJUSTMENT AT 1700 HORSESHOE COURT IN TI-IE BONITA LONG CANYON DEVELOPMENf; AND AUTI-lORIZING TI-IE MAYOR TO EXECUTE GRANT DEEDS - Westar Land Services, Inc. has requested a boundary lot adjustment at 1700 Horseshoe Court for the purpose of correcting an illegal encroachment on City- dedicated open space land (Open Space District Number 14). The intent of the report is to consider possible options to resolve the encroachment. Staff recommends Council: (1) Approve staff recommended Option Number 2, whereby an illegal encroachment on open space land will be removed by exchanging for an equal amount of property by the property owner; and (2) Approve the resolution. (Director of Parks and Recreation and Director of Public Works) 12. RESOLlJI10N 17333 AUTI-lORIZING TI-IE INSTAIl.ATION OF TEMPORARY OVERHEAD FACIUTIES WITI-lIN lJI1UlY UNDERGROUNDING DISTRICf NUMBER 124, OTAYVALLEYROAD BE1WEEN OLEANDER AND NIRVANAAVENUES On 6/30/92, Council approved establishing Utility Undergrounding District Number 124 on Otay Valley Road from Oleander Avenue to Nirvana Avenue. The resolution grants special permission to the developers of the Auto Park to install overhead electrical facilities within the boundaries of said district. Staff recommends approval of the resolution. (Director of Public Works) 13. RESOLlJI10N 17334 AMENDING SCHEDULE II, SECTION 10.52.030 OF TI-IE MUNICIPAL CODE RELATING TO TI-IE SPECIAL STOPS REQUIRED - THROUGH STREETS AND STOP INTERSECTIONS - CALLE SANTIAGO - In response to concerns from area residents regarding the recent accident history, and in anticipation of the future connection of Calle Santiago through to Paseo Ranchero, on 10/27/92, a Trial Traffic Regulation was initiated establishing stop signs at various locations. Staff recommends approval of the resolution. (Director of Public Works) Agenda -4- December 14, 1993 14. RESOLlTTION 17335 AMENDING SCHEDULE II, SECTION 10.52.030 OF TI-IE MUNlOPAL CODE RElATING TO TI-IE SPEaAI. STOPS REQUIRED - THROUGH STREETS AND STOP INTERSECTIONS - 600 BLOCK OF SIERRA WAY - In response to concerns from area residents regarding the recent accident history, and the recent reconstruction of Sierra Way which removed all of the cross gutters along Sierra Way, on 12/15/92, a Trial Traffic Regulation was initiated establishing stop signs at various locations. Staff recommends approval of the resolution. (Director of Public Works) 15. RESOLlTTION 17336 AMENDING SCHEDULE III, SECTION 10.52.280 OF TI-IE MUNlOPAL CODE RElATING TO PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS - "E- STREET FROM FIRST AVENUE TO EAST FLOWER STREET - On 9/8/92, a Trial Traffic Regulation to establish the prohibition of parking on "E" Street from First Avenue to Bonita Road/East Flower Street was implemented pursuant to the provisions of Section 10.12.030 of the Municipal Code. Signs indicating the restriction were installed on 2/5/93. Staff recommends approval of the resolution. (Director of Public Works) 16. RESOLlTTION 17337 ACCEPTING BIDS AND AWARDING CONTRACT FOR TI-lECONSTRUCTION OF STORM DRAIN CHANNEL REPAIRS IN TELEGRAPH CANYON CHANNEL FROM PASEO DEL REV TO APPROXIMATELY 350 FEET EASTERLY IN TI-IE 01Y - On 12/1/93, sealed bids were received for the storm drain channel repair in Telegraph Canyon Channel from Paseo del Rey to approximately 350 feet easterly in the City. The work to be done involves the removal and replacement of approximately 6,300 square feet of reinforced concrete channel that was cracked, buckled, and uplifted during past winters. Staff recommends Council approve the resolution accepting bids and awarding contract to Marquez Construction, Inc. in the amount of $45,960. (Director of Public Works) 17. RESOLlTTION 17338 APPROPRIATING $16,548 FROM TI-IE FEDERAL DISASTER. ASSISTANCE FUND (FUND 601), AUTHORIZING EXPENDITURE OF $441 FROM TI-IE GENERAL FUND, ACCEPTING BIDS AND AWARDING CONTRACT FOR TI-IE GRADING RESTORATION AND SILT REMOVAL OF BONITA LONG CANYON DAM IN TI-IE 01Y - On 12/6/93, sealed bids were received for the construction of "Grading Restoration and Silt Removal of Bonita Long Canyon Dam." The work to be done consists of silt removal, grading, cleaning, grubbing, protection and restoration of existing improvements upstream of the Bonita Long Canyon Dam. The work is mandated by the State Division of Mines and Dams (Department of Water Resources) to protect the integrity of the dam. Staff recommends approval of the resolution and awarding contract to Fill Dirt, Inc. DBA Roberts Earthmoving. (Director of Public Works) 4/5th's vote required. 18. REPORT RATIFYING AN APPUCATION FOR FEDERAL DEPARTMENT OF EDUCATION, UBRARYSERVICESAND CONSTRUCTION ACT, LSCA, TITI.E VI, UBRARY UTERACY PROGRAM GRANT FUNDS TO DEVELOP AND IMPLEMENT A MODEL PROGRAM TO AID ADULT LEARNERS WITH DYSLEXIA - The Chula Vista Literacy Team has applied for $34,720 in grant funds from the LSCA, Title VI, Library Literacy Program to develop and implement a model program to deal with the identification and remediation of adult learners with dyslexia, during Federal Fiscal Year 1994/95. If awarded, the funds cannot be used to supplant the current volunteer tutor reading program. Staff recommends Council accept the report and ratify the application for Title VI, Library Literacy grant funds. (Library Director) Agenda -5- December 14, 1993 19. REPORT RATIFYING AN APPIJCATION FOR FEDERAL DEPARTMENf OF EDUCATION, IJBRARYSERVICES AND CONSTRUcnON ACT, LSCA, TITLE VI, IJBRARY IJTERACY PROGRAM GRANT FUNDS TO CONTINUE A MODEL WRITING PROGRAM FOR ADULT LEARNERS IN FISCAL YEAR 1994/95 - The Chula Vista Literacy Team has applied for $34,986 in grant funds under the LSCA, Title VI, Library Literacy Program to continue its Model Writing Program for adult learners in Federal Fiscal Year 1994/95. If awarded, the funds cannot be used to supplant the current volunteer tutor reading program. Staff recommends Council accept the report and ratify the application for Title VI, Library Literacy grant funds. (Library Director) 20. REPORT REQUEST TO CONDUCT MOTORCYCLE EVENT - The Chief Executive Officer of South Coast Harley Davidson is requesting permission to conduct a special event, The 1993 Tijuana Toy Run, on Sunday, 12/19/93. The event will involve temporary street closures on Glover, Garrett, and Landis Avenues, and on "D" and "E" Streets. Street closures will vary in length from several minutes to approximately three hours. Staff recommends Council accept the report and approve the request subject to staff conditions. (Director of Parks and Recreation) * * END OF CONSENT CALENDAR * * PUBIJC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as pub/U; hearings as required by law. [{you wish to speak to any item, please fill out the RRequest to Speak FormR available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual 21. PUBIJC HEARING TO CONSIDER ABATEMENf OF TIIE TRANSIENT OCCUPANCY TAX - In 1990 Council established a maximum Transient Occupancy Tax (TOT) rate of ten percent and provided for annual abatement hearings at which time the maximum tax could be lowered. In each subsequent year, Council has abated the TOT rate to eight percent, the same rate it has been since 1978. The purpose of the hearing is to hold the annual abatement hearing to consider maintaining the TOT rate at eight percent. Staff recommends approval of the resolution. (Director of Finance) RESOLUTION 17339 APPROVING ABATEMENf OF TIIE TRANSIENT OCCUPANCY TAX FROM A RATE OF TEN PERCENT TO ElGHf PERCENT FOR CALENDAR YEAR 1994 22. PUBIJC HEARING COMPREHENSIVE HOUSING AFFORDABIIJ1Y STRATEGY (CHAS) - The National Affordable Housing Act of 1990 requires all jurisdictions applying for funding from the Department of Housing and Urban Development to submit a CHAS. The CHAS is a planning document which identifies the City's housing needs and outlines a strategy to meet the needs. Staff recommends Council accept the report. (Director of Community Development) Continued from the meeting of 10/19/93. RESOLUTION 17340 ADOPTING TIIE 1994-1999 COMPREHENSIVE HOUSING AFFORDABIIJ1Y STRATEGY (CHAS) AND AUTHORIZING SUBMITTING THE COMPREHENSIVE HOUSING AFFORDABIIJ1Y STRATEGY TO TIIE U.S. DEPARTMENf OF HOUSING AND URBAN DEVELOPMENT Agenda 23. PUBliC HEARING -6- December 14, 1993 CONDITIONAL USE PERMIT PCC-94-09; APPEAL FROM TIIE DECISION OF TIIE PLANNING COMMISSION TO APPROVE A REQUEST BY CONVENANT CHRISTIAN SCHOOL TO OPERATE A PRIVATE SCHOOL FOR GRADES K-12 AT 2400 FENTON SlREET, IN TIIE EASTLAKE BUSINESS CENTER - BONITA COUNTRY DAY SCHOOL - On 10/27/93, the Planning Commission voted 5~2 to approve Conditional Use Permit PCC-94-09 and allow the operation of a private day school (Covenant Christian School), at 2400 Fenton Street for a period of five years. On 11/11/93, Bonita Country Day School appealed the Planning Commission's decision. On 1217/93, Council considered the item, took public testimony, and continued the matter for one week to allow Convenant Christian additional time to attempt to: (1) resolve the concerns of Bonita Country Day School regarding shared use of the facility; and (2) secure the use of Scobee Park for a period of five years rather than the present agreement calling for two years of use. Staff recommends approval of the resolution. (Director of Planning) Continued from the meeting of 12/7/93. RESOLUTION 17325 DENYING TIIE APPEAL OF TIIE DECISION OF TIIE PLANNING COMMISSION AND ISSUE CONDITIONAL USE PERMIT PCC-04-09 TO USE 2400 FENTON IN TIIE EASTLAKE BUSINESS CENTER AS A PRIVATE SCHOOL FOR A PERIOD OF FIVE YEARS 24. PUBliC HEARING ORDINANCE 2584 PCA-93-01 CONSIDERATION AND ADDITIONS TO AND AMENDMENTS OF PORTIONS OF TITLE 19 OF TIIE MUNICIPAL CODE TO AlJ...OW AUCTIONS SUBJECT TO APPROVAL OF A CUP IN TIIE I-P (GENERAL INDUSTRIAI.,/PRECISE PLAN) ZONE - The project is a City-initiated text amendment to portions of the zoning ordinance to allow auctioning of vehicles, heavy machinery, and equipment upon issuance of a Conditional Use Permit. Staff recommends Council place the ordinance on first reading. (Director of Planning) AMENDING TITLE 19 OF TIIE MUNICIPAL CODE TO ADD SECTION 19.04.050 AND 19.58.050 AND AMENDING SECTIONS 19.46.040, 19.58.070 AND 19.62.050 IN ORDER TO AlJ...OW AUCTIONS SUBJECT TO APPROVAL OF TIIE CUP IN TIIE I-P (GENERAL INDUSTR.IAI.IPRECISE PLAN) ZONE (first readin~) ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject matter within the Council's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. Your time is limited to three minutes per speaker. BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider items whU:h have been forwarded to them for consideration by one of the City's Boards, Commissions and/or Committees. None submitted. Agenda -7- December 14, 1993 ACI10N ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council, staff, or members of the general public. The items will be considered individually by the Council and stoff recommendations may in certain cases be presented in the alternative. Those woo wish to speak, please fill out a -Request to SpeaK' form available in the lobby and submit it to the City Clerk prior to the meeting. Public comments are limited to five minutes. 25. RESOLUTION 17319 AUlHORIZING ISSUANCE OF BONDS IN TI-IE AGGREGATE PRINCIPAL AMOUNf OF NOT TO EXCEED $18,000,000 TO REFINANCE TI-IE OlITSTANDING OBUGATIONS OF TI-IE CIlYTO TI-IE CAUFORNIAPUBUC EMPLOYEES' RETIREMENT SYSTEM - Staff recommends approval of the resolution. (Administration) Continued from the meeting of 11/23/93. 26. RESOLUTION 17341 MODIFICATION TO FIRST IMPLEMENTATION AGREEMENT FOR RANCHO DEL REY COMMERCIAL CENTER ON EAST "H" STREET - The purpose of this item is to clarify certain provisions of the agreement for Rancho del Rey as to the phasing of public improvements on East "H" Street. Staff recommends approving the first implementation agreement to allow for revised phasing of the public improvements on East "H" Street. (Deputy City Manager Krempl) 27. RESOLUTION 17342 SELECI1NG TI-IE CASTLE PARK ~- AREA AS TI-IE NEXT TARGET NEIGHBORHOOD FOR TI-IE IMPLEMENTATION OF TI-IE NEIGHBORHOOD REVITAUZATION PROGRAM AND REVISING TI-IE NEIGHBORHOOD REVITAUZATION PROGRAM POUCY STATEMENT REDUCING TI-IE DURATION OF TI-IE IMPLEMENTATION PERIOD FROM FIVE YEARS TO THREE YEARS - On 11/2/93, Council approved a report outlining the process for the selection of the next target neighborhood for the implementation of the Neighborhood Revitalization Program (NRP). Part of the selection process approved by Council was the classification of two neighborhoods (Castle Park "B" and Woodlawn Park) as candidates for the program. Council directed staff to hold meetings in the two neighborhoods and, based on the response from the residents and the other criteria used in the selection process, recommend one of the neighborhoods for implementation of the program. Staff was also directed to change the duration of the program from five to three years. Staff recommends approval of the resolution. (Director of Community Development) 28. RESOLUTION 17343 APPROPRIATING FUNDS, ACCEPTING BIDS, AND AWARDING CONTRACT FOR INSTALLATION OF DRAINAGE FACIUTIES IN TI-IE CENfRAL DRAINAGE BASIN WEST OF BROADWAY BElWEEN -G- STREET AND ..- STREET IN THE CIlY (DR-116) - On 12/1/93, sealed bids were received for "Installation of Drainage Facilities in the Central Drainage Basin West of Broadway between "G" Street and "I" Street in the City (DR-116)." The work includes: removal and disposal of existing improvements, excavation and grading, concrete sidewalk and driveways, various sizes of reinforced concrete pipes, various sizes of reinforced concrete box culverts, various sizes of precast reinforced box culverts, various drainage structures, Agenda -8- December 14, 1993 shoring, trench paving, base curb and gutter, sewer main, sewer laterals, sewer manholes, P.c.c. trapezoidal channel, tunnelling under or replacement of existing garage structure, pipe collars, plugging of existing drainage pipes, connection of existing drainage pipes to new improvements, protection and restoration of existing improvements, traffic control, and other miscellaneous work required by the plans. Staff recommends Council: (1) Appropriate $293,507 from the unappropriated balance of Fund 253 Transportation Partnership Funds to CIP Fund 253- 2530 - DR-116 Central Drainage Basin; and (2) Accept bids and award contract to T.C. Construction Company, Inc. in the amount of $1,107,496.07 for construction of Alternate A (dual concrete reinforced concrete pipes) and with the provision of delaying start of construction until 5/1/94. (Director of Public Works) 4/Sth's vote required. GRADING FOR TELEGRAPH CANYON ESTATES SUBDMSION AND TIlE EFFECf ON ADJACENT PROPERlY ON LEJ-llGH AVENUE - On 10/19/93, a resident on Lehigh Avenue, adjacent to the Telegraph Canyon Estates Subdivision, expressed a concern about the grading of the subdivision and its effect on their property. Council directed staff to return with information on the grading. Staff has discussed the grading with the resident and indicated the reasons the grading was done in the manner it was done with the safeguards to their property. Staff recommends Council accept the report. (Director of Public Works) 29. REPORT REQUEST FOR PROPOSALS (RFP) FOR EXTERIOR ADVERTISING ON CHULA VISTA TRANSIT CCV1) BUSES - On 9/7/93, Council approved exterior advertising on cvr buses and directed staff to prepare a RFP to implement the ad program. The report discusses the major requirements of the RFP. Staff recommends Council accept the report. (Director of Public Works) 30. REPORT CONSIDERATION OF A DRAFT WORK PROGRAM FOR TIlE SPHERE OF INFLUENCE UPDATE STUDY - Pursuant to provisions of State law, and the policies of the San Diego Local Agency Formation Commission (LAFCO) , on 7/12/93, LAFCO unanimously approved commencement of a comprehensive study of the City's Sphere ofInfluence. Now that the study has been authorized, the City, in cooperation with LAFCO, must prepare a work program and time table for the study. Staff recommends Council: (1) Accept the Draft Work Program; (2) Instruct staff to conduct a public forum to solicit input/comments on the Draft Work Program, and return to Council with a Final Work Program in January 1994; and (3) Authorize the issuance of the Request for Proposals (RFP) to qualified firms for preparation of a Supplemental Environmental Impact Report for the Sphere of Influence Update Study. (Director of Planning) 31.A. REPORT CONSIDERATION OF TIlE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) TO QUAl.JFIED FIRMS FOR PREPARATION OF A SUPPLEMENfAL EIR FOR TIlE SPHERE OF INFLUENCE UPDATE STUDY B. REPORT Agenda -9- December 14, 1993 32. REPORT UPDATE ON SOUD WASTE DISPOSAL ISSUES - An oral report will be given by staff. ITEMS PUllED FROM TIlE CONSENf CALENDAR This is the time the City Council will discuss items which have been removed from the Consent Calendm. Agenda items pulled at the request of the public will be considered prior to those puUed by Councilmembers. Public comments are limited to five minutes per individual OTI-IER BUSINESS 33. CIlY MANAGER'S REPORT(S) a. Scheduling of meetings. 34. MAYOR'S REPORT(S) a. Enforcement of graffiti abatement. b. Ratification of appointment: Jorge F. Castillo - Cultural Arts Commission. c. Authorization for the City Manager to withdraw from Special Act District if interim extension agreements are not properly executed before 12/20/93. d. Reconsideration of San Diego Wal-Mart lawsuit settlement. Continued from the meeting of 1217/93. 35. COUNCIL COMMENfS Councilman Robert Fox a. Strategies for obtaining regional cooperation toward capitalizing on NAFTA opportunities. Councilman Jerry Rindone b. Appointment to MTDB Executive Committee. ADJOURNMENT The City Council will meet in a closed session immediately following the Council meeting to discuss: Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees Association (CVEA), Western Council of Engineers (WCE) , Police Officers Association (POA) , International Association of Fire Fighters (lAFF), Executive Management, Mid-Management, and Unrepresented. Continued from the meeting of 1217/93. Agenda -10- December 14, 1993 Pending and potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. the County of San Diego and Aptec. Continued from the meeting of 1217/93. Pending litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. San Diego Palm Plaza Project. Continued from the meeting of 12/7/93. Pending litigation pursuant to Government Code Section 54956.9 - Authorizing to retain outside counsel - Chaparral Greens. Pending litigation pursuant to Government Code Section 54956.9 - Clifton vs. the City of Chula Vista. Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. County of San Diego regarding tipping fee surcharge. Pursuant to Government Code Section 54957 - Evaluation of performance of personnel. The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on January 4, 1994 at 4:00 p.m. in the City Council Chambers. A Special Joint Meeting of the City Council/Redevelopment Agency will be held immediately following the City Council meeting. FOR COUNCIL AGENDA ON DECEMBER 14, 1993 ITEM TITLE: Proclamation - Commending Chula Vista Center's Spirit of Giving Program in The City of Chula Vista, California SUBMITTED BY: Mayor Tim Nader The proclamation Commending Chula Vista Center's Spirit of Giving Program will be presented by Mayor Nader to Ms. Donna Farrell and Mr. Ben Richardson of Homart Development Co. Project L/a ~J COMMENDING CHULA VISTA CENTER'S SPIRIT OF GIVING PROGRAM IN THE CITY OF CHULA VISTA, CALIFORNIA WHEREAS, Chula Vista Center's Spirit of Giving Program was first unveiled during the 1988 holiday season; and WHEREAS, the Giving Tree is decorated each year with brightly colored tags containing the names and ages of disadvantaged children along with their holiday wishes from Santa; and WHEREAS, each year Chula Vista Center works with three local agencies who provide lists of disadvantaged children in the South County and a staff of volunteers for the Giving Tree from the day following Thanksgiving until Christmas Eve, December 24th; and WHEREAS, Giving Tree agencies this year include: the American Legion, Head Start, South Bay Community Services, and Options for Recovery; and WHEREAS, the Spirit of the Giving Program is corporate sponsored, created at Homart Development Company in Chicago, and is now implemented across the United States at all Homart Development Company shopping centers: NOW, THEREFORE,., TIM NADER, Mayor of the City of Chula Vista, California do hereby COMMEND THE HOMART DEVELOPMENT COMPANY'S SPIRIT OF GIVING PROGRAM for its commitment to Chula Vista's children during the holiday season, express our gratitude for their contribution to our community and urge all citizens to embrace the "spirit of giving" and make the holiday wishes of a disadvantaged child come true. :Dated" this I~~ art!! !Y bw.mbtA. ,/9 ~ z:- /IA~ h / ZlJt~or!!f ti"e ctg' 5 chuta o/ista 7 CL :} ITEM TITLE: SUBMITTED BY: COUNCIL AGENDA STATEMENT LJ/J Item Meeting Date Dec. 14, 1993 PROCLAMATION - COMMENDING MADD & SADD FOR THEIR EFFORTS OF INCREASING PUBLIC AWARENESS ON THE DANGERS OF DRINKING & DRIVING {4/5ths Vote: Yes No~J MAYOR TIM NADER THE PROCLAMATION COMMENDING ~ffiDD & SADD WILL BE PRESENTED BY MAYOR NADER TO JOHN & SILVIA BARAJAS REPRESENTATIVES OF THE MADD ORGANIZATION. Form A-113 (Rev. 11/79) 1/b- / COMMENDING MADD FOR THEIR EFFORTS OF INCREASING PUBLIC AWARENESS ON THE DANGERS OF DRINKING AND DRIVING WHEREAS, MADD (Mothers Against Drunk Driving) is a nationwide organization providing information and support to victims who have lost loved ones due to driving under the influence of alcohol or drugs, and coordinates programs to increase public awareness of the dangers of drinking and driving; and WHEREAS, MADD has more than 1,500 members and 15,000 supporters throughout San Diego County; and WHEREAS, with court approval and support, MADD coordinated two Victim Impact Panels in San Diego County where 1,000 convicted DUI offenders were court ordered to attend and learn firsthand the tragic consequences of mixing drinking and driving; and WHEREAS, 25 trained MADD speakers made 280 presentations to area schools, the military and civic groups, impacting an estimated audience of 48,000; and WHEREAS, MADD San Diego Chapter sponsors numerous annual events including a 10K Run/Walk, the Candlelight Vigil, Sober Prom/Graduation, the Red Ribbon Safety Campaign and the Red Ribbon Golf Tournament; and WHEREAS, MADD's efforts in the legislative and educational areas have saved thousands of lives: NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista, California do hereby COMMEND MADD/SADD for their efforts of increasing awareness of the dangers of drinking and driving. :Dated" tEis1!f!~Jfry ~ bUlJnbR/l- , 19 ~ JC.~ UJt~or!!f t~e Ctg!!f chura VISta 1/ h :7 COMMENDING SADD FOR THEIR EFFORTS OF INCREASING PUBUC AWARENESS ON THE DANGERS OF DRINKING AND DRIVING WHEREAS, SADD (Students Against Drunk Driving) is a nationwide organization which provides information to educate students on the dangers of drinking and driving and coordinates programs to increase public awareness of driving under the influence; and WHEREAS, SADD has several participating schools in the Sweetwater Union High School District including, Bonita Vista High School, Castle Park High School, and Hilltop High School, comprised of several hundred students; and WHEREAS, SADD San Diego Chapter sponsors numerous youth activities on campus including a Red Ribbon Week, dances, canned food drive, assemblies and numerous alternative events; and WHEREAS, SADD's efforts in the legislation and educational areas have saved thousands of lives: NOW, THEREFORE, I, nM NADER, Mayor of the City of Chula Vista, California do hereby COMMEND SADD for their efforts of increasing awareness of the dangers of drinking and driving. :Dater,{ tEis/41'> r/ry.if ~1uA.. ,/9 q'3 ,p;::- ~~ (J)te-or!!f llie ('!Y !f (/iura 'Vista I/ /J - ~ December 9, 1993 TO: FROM: SUBJECT : The Honorab 1 e Mayor and City cou~c i ...\ ~~ John D. Goss, City Manager ~ ~ ~\ City Council Meeting of December 14, 1993 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, December 14, 1993. Comments regarding the Written Communications are as follows: 5a. This is a letter from Greg Cox suggesting that the City improve the street appea 1 of Candy Cane Lane and Chr i stmas Tree C i rc 1 e by des i gn i ng and purchasing modified street, directional and entry signs. For the past several years the Police Department has provided traffic control for Candy Cane Lane because of the increase in visitor traffic, through the use of Reserve Officers and Explorers. In addition, two years ago the City's Public Works Department had two signs made that were decorated with a Christmas theme. The signs were then placed on barricades and posted in the traffic flow area for Candy Cane Lane. One of those signs was stolen so last year the signs were bolted to the barricade. This year additional directional signs have been made for both Candy Cane Lane and Christmas Tree Circle, as well as street name signs in holiday colors for both streets, which will be placed over the regular street name signs, to be in place prior to the lighting of these two streets. IT IS RECOMMENDED THAT MR. COXI LETTER BE ACKNOWLEDGED AND HE BE NOTIFIED OF STAFF'S EFFORTS TO ASSIST VISITORS TO THE COMMUNITY DURING THE HOLIDAY SEASON. 5b. This is a letter from the President of Dixieline Lumber requesting that the City consent to the detachment of Assessor Parcel Number 562-323-01 and an adjacent approved vacated half width of right-of-way and inform the Local Agency Formation Commission (LAFCO). IT IS RECOMMENDED THAT THIS ITEM BE REFERRED TO COMMUNITY DEVELOPMENT AND PLANNING STAFF FOR INCORPORATION INTO THE ON-GOING NEGOTIATIONS ASSOCIATED WITH THE PROPOSED JOINT COMMERCIAL DEVELOPMENT PROJECT WITH THE CITY OF NATIONAL CITY THAT INCLUDES THE DIXIELINE STORE/TRUSS YARD (NATIONAL CITY PORTION) AND THE VACANT PARCEL AT SR-54 AND FIFTH AVENUE (CHULA VISTA PORTION). Staff is currently negotiating with National City staff toward a multi-phased Cooperative agreement that will define jurisdictional responsibilities with respect to traffic improvements, site planning, internal traffic circulation, signage, landscaping design and other related items. JDG:mab Gregory R. Cox 647 Windsor Circle, Chula Vista, California 91910 Telephone: (619) 420-3104 November 29,1993 (")("') ~ =i=i -<-< :0 no ~ rr1 r-""T1 me) (') :::O::r.:: I rr1 ~c - - v,,.....- < ......11". 0---- ::s! ", 11.....:::- .,,-- N C -v ("'") ~ (,.j m:t> N The Honorable Mayor and City Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mayor Nader and Council Members, As we enter this holiday season, my reflections on what makes Chula Vista such a pleasant community include as one or its most enjoyable aspects the holiday decorations and spirit of Candy Cane Lane (Guava Avenue) and Christmas Tree Circle (Whitney/Mankato Streets). For over 35 years, these streets have opened their homes and hearts to people from all over the world. Millions of visitors have come to Chula Vista during the two weeks in which the residents of these streets have voluntarily and at their own expense provide some of the best, most positive, advertising a city could ever ask for. These residents should be commended for their enthusiasm and recognized for the contribution they have made to our City. It is time for the City of Chula Vista to assist both streets. I have enclosed some photos (poor quality though they be) taken last year in Charleston, South Carolina. These show thematic street signs and directions for downtown Charleston's holiday lighting program. The City of Chula Vista can improve the street appeal of Candy Cane Lane and Christmas Tree Circle by designing and purchasing modified street signs installed for the two weeks of holiday decorations, and directional and entry signs to help the thousands of visitors traditionally visiting the area. An investment of this kind would be wise, not only in marketing the City, but in properly welcoming visitors. and in showing' the streets' residents that their efforts are annreciated. This effort might not be' accomplished for 1993, but by beginning now ~it could guarantee an even more enjoyable 1994 holiday season. Thank you for your consideration, and best wishes for the upcoming holidays. cc: 45';y~('!J \VllnE. ~ 7?2J . ~ ~ ~~v<:-R. u leA TIONS 2 ) /&t /'7;~3 c ~ -'I P.O. BOX 85307, SAN DIEGO, CALIFORNIA 92186-5307 TEL. (t:19) 224-4120 FAX (619) 225-8192 @ Dixieline Lumber Established 1913 November 18, 1993 00 ~ -- -f-f -<-< :::u ("") 0 {!j fI1 r- .." mo 0 :;:::r I fTI (j~F N - r' :l':" < "-...." -0 rr1 ~.~~; \AI 0 -'v"} ("":J-i .b;. rn)::;-. N Honorable Mayor Tim Nader City of Chula Vista 276 Fourth Ave Chula Vista, CA 92010 SUBJECT: Dixieline Reorganization Dear Mayor Nader: The purpose of this letter is to request that an item be placed on the City Council's agenda which would inform the Local Agency Formation Commission (LAFCO) -that the City of Chula Vista consents to the detachment of Assessor Parcel Number 562-323-01 and an adjacent approved vacated half-width right-of-way (Fifth Avenue). As the owner of the property, Dixieline Lumber Company proposes to have the parcel annexed to National City and consolidated with an approximately IS-acre parcel already within National City. Enclosed is an exhibit illustrating current and proposed jurisdictional boundaries. The property which is the subject of the proposed reorganization totals 0.61 acre. It is currently part of our truss operation, which is located in National City. Ultimately the property may become part of a proposed commercial development known as the National City Market Place. Our consultants have been working closely with City of Chula Vista staff in coordinating development of this project, as well as the adjacent commercial center which is being proposed on our property in the City of Chula Vista. State law requires that a detaching city consent prior to completion of a proposal. It is LAFCO's policy that an application to detach territory from a city needs to be accompanied by a letter indicating the detaching city's consent. Upon receiving City approval, Dixieline would proceed to submit the necessary applications and fees to complete the reorganization. This area is part of a portion of a LAFCO-designated Special Study Area for both cities. Part of the application involves a concurrent revision to the two city spheres. While it is our understanding the City is working on their Sphere of Influence update, we do not believe this proposal would prejudice future actions or set a precedent, because of the special circumstances involving the use of the property as part of our existing operations in National ec' ~ ;;~ N) IUfiE C U~ 'jCA1'IO S o ~ 1~ ~"""'" '^' meeo c" ",,,. ".'"" '" COM",,""',"e ,m""" ee"c". '^ ""~ /.?- Ij?r Y 3420 ,HIGHLAND, 'WE '"NATIONAL CITY, CA 91950.425,6660 1400, W, 28TH ST, ~JATIONAL CITY, CA 91950. 174,4671 50 1'2~i2 MIRA~L'\R RD, SAN DIEGO, eA 92121.695-0600 3607 ;-.vOCAOO GLVD LA MESA. CA 919..1. e;()-5600 ..- \bUl CON'/CJY ST , SAN D!CGO, CA 92111 . 279.5010 3985 MISSION AVE" OCEANSIDE, C'>' 92056 . 75"i069 1;:6;: :=: r.."V'.iN ST" EL CAJON, CA 92021 .440-7711 2372 CENTER OR., l.A MESA CA 91942.465-4242 561 !\J TULIP, ESCONDIDa. ( '\ 92025 .. -"~5~7271 Honorable Mayor Tim Nader November 18, 1993 Page 2 A number of reasons suggest that this minor reorganization be approved: 1. It would allow for the consolidation of Dixieline's property to support their current business operation. The parcel proposed for reorganization is used for storage as part of Dixieline's truss operation. It is contiguous to our approximately 15 acre parcel already in National City. The properties would be better served as one parcel in a single jurisdiction. 2. The current irregular boundary between the cities would correct an area which illogically juts our into National City without a reason such as topography, district boundaries, land use differences or street alignments. 3. The City of Chula Vista has approved the realignment of Fifth Avenue, as it completes the vacation of an outdated paper street. The City has also accepted dedication of the new alignment for Fifth Avenue. Approval of this action would further the City's circulation objective while clarifying the jurisdictional status' of the vacated right-of-way. 4. Redevelopment of the site to accommodate a commercial canter could be unnecessarily cumbersome, because approvals and permits would need to be obtained from two separate jurisdictions. I appreciate your assistance. Please let me know if you require any further information. Sincerely, ~~ ~ W.S. Cowling II President Enclosure c: John Goss, City Manager €hrisSalomone, Community Development Director Bob Leiter, Director of Planning S-b/02 en LU - a: <( o z ::) o OJ >- ~ - () _..CJ ...Z - I- en - x LU ) ~1~S G]"VNNn J . L I.:J/\"\' '4 I -..-:;;0 ?JNv=l1=t~!"H}~~-^ V is-H.l v"l....--N - ~- ~ . .~ .. . . . . . " r- I 0 I :t I ~ C\I ~ I I C\I .j I CO "a- Le ."'.., Q.~ ...... I ~ U'Y '" ~ :! N ,. <: .0 (3^'tyI l'tylNOI1'tylN) ~ 'O^ 8.. ^H:l_L\,tNQlt~N :r ___ / ~I-f-,r ( """" i.<..:..... . .)~ L,)P' 5b~3 ts IT U') 01 10 IQl ~ I J :-<. ~ I , ' ~ (/') > <( .....I ::> ::c o lL. o ~ o I() u w I/) 0- cr: o a.. I <( r- (/) :> <( ..J ::> I U ro <D <D t0W W ~ v II) o U) a... <( ~ u . I ~ () ...J <( Z o ~ z: o (f) UJ - a: <( o z ::> o OJ >-. I- - () Cl W (f) o CL o a: a. .. , ..~.. . . . . . ) ~llS a]~VNNn J . ~ ! ;j/\'\' I -'.;;;0 ~NVl1=t0t-H)~~-^ V u--H:l t>~._-- N - ~- ,... o I cY) C\I ('l') I C\I CO LO ~ C/) 5= <( ...J ::> :r: ~O U'V lL. o >- ~ - o .... '!: :c ... .... <; "dO . C:J^'rJ l'rJNOI1'rJN) ~ ~O^ 8-. AH:L-'L'1iNQlf!N I _.- ~ (. ~t-~-r ",tIl 5b--~ tB ~ V) 01 I.. '01 ~ u I - Oil u w I/) 0- 0:: o ll. I ~ I/) > < -' ::> I U ,.., <0 <0 2 v 111 o Oil a.. -< 2 ~ o ...J <( Z o ~ z COUNCIL AGENDA STATEMENT Item 2 Meeting Date 12/14/93 ITEM TITLE: ORDINANCE .2~gJ Amending Ordinance 2577 rezoning the 5.8- acre parcel located at the southwest comer of Third Avenue and J Street from C-O, Office Commercial and R-l, Single Family Residential to C-C-P, Central Commercial, Precise Plan. SUBMITTED BY: Director of Planning e~ REVIEWED BY: City Manage~ ~ ~ (4/Stbs Vote: Yes_No X) The City Council set a public hearing for December 7, 1993, to reconsider the General Plan and Rezoning application of American Stores, Inc. for 5.8 acres located at the comer of Third and "J" Street. After conducting the necessary hearing, Council voted to let their previous action approving the General Plan and rezoning stand as approved by their vote on November 2, 1993, and moved to amend the Precise Plan standards in accordance with the attached ordinance. RECOMMENDATION: That Council adopt the attached Ordinance of the City of Chula Vista amending Ordinance 2577 which established the rezoning of the 5.8-acre parcel located at the southwest comer of Third Avenue and J Street from C-O, Office Commercial and R-l, Single Family Residential to C-C-P, Central Commercial, Precise Plan. FISCAL IMPACT: Not applicable. (Iuckyord.Al13) 7-1/'1-Z _ __ ._.. _..._...".~_"...__.~__...."~._,___~~~_~,,_~~.___~__~~"___''.,,_' '~_;_'_"'",,""",,_m"~<~,""""_____""_"""'_~_'V".__""~._,._._~_,---,_.,~"-,-_...,^., ORDINANCE NO. 025?T:3 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NO. 2577, REZONING THE 5.8 ACRE PARCEL LOCATED AT THE SOUTHWEST CORNER OF THIRD AVENUE AND J STREET FROM C-O, OFFICE COMMERCIAL AND R-1, SINGLE FAMILY RESIDENTIAL TO C-C-P, CENTRAL COMMERCIAL, PRECISE PLAN, TO AMEND CERTAIN PRECISE PLAN STANDARDS THEREOF. WHEREAS, a duly verified application for a rezone was filed with the Planning Department of the City of Chula vista on December 2, 1993 by American Properties Inc., and WHEREAS, the property consists of approximately 5.8 acres located at the southwest corner of Third Avenue and "J" Street and diagrammatically presented on the area map attached hereto as Exhibit A ("Site" or "Property"); and WHEREAS, said application requested to change the existing C-O, Office Commercial and R-1, Single Family Residential zone to C-C, Central Commercial; and WHEREAS, the Planning Commission set the time and place for a hearing on said rezoning application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 1,000 feet of the exterior boundaries of the property at least 21 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m. October 13,1993 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission found that the project would have no significant environmental impacts and adopted the Negative Declaration issued on IS-92-42, and voted 6-0-1 (Tuchscher-conflict of interest) to recommend that the City Council approve the rezoning from C-O, Office Commercial and R-1, single Family Residential to C-C-P, Central Commercial, Precise Plan, subject to the Precise Plan Standards listed in the Draft city Council Ordinance. WHEREAS, the city Council approved and adopted Ordinance No. 2577 on November 9, 1993 rezoning the Property in the manner recommended by the Planning commission, and imposing certain Precise Plan standards therefore, numbered 1 through 25; and, WHEREAS, the City Council moved to reconsider the adoption e:\lucky.wp December 5, 1993 Ord. Amending Lucky's Precise Plan Standards Page 1 7,3 of said Ordinance No. 2577 on November 23, 1993 in light of complaints received by neighbors on Garrett Avenue; and, WHEREAS, the city council reconsidered their adoption on December 7, 1993, and thereupon amended certain precise plan standards in the manner herein identified, and continued the matter to December 14, 1993. NOW, THEREFORE, the City council of the City of Chula vista does hereby find, determine, and ordain as follows: SECTION I: Based on the findings and recommendations of the Environmental Review Coordinator, the City Council does hereby readopt the Mitigated Negative Declaration issued on IS-92-42. In readopting said Mitigated Negative Declaration, the city Council considered the comments of Bill Darnell as contained in a letter dated December 7, 1993, and all evidence presented at said public hearing of December 7, 1993, and respond thereto in the manner set forth in the attached Exhibit A, incorporated herein by reference. No such evidence has changed the conclusions of either the Environmental Review Coordinator or the city Council that the project as mitigated has no significant environmental effects. SECTION II. Ordinance No. 2577 is hereby amended by amending the Precise Plan Standards therein contained as follows: A. Precise Plan Standard No. 3 shall be amended as follows: "3. No delivery truck traffic shall occur in the alley during the time from ~~:OO p.m. to 7:00 a.m.. and all access to said alley shall be in one direction with access off of J Street proceeding southerly." B. follows: Precise Plan Standard No. 12 shall be amended to read as "12. Loading docks shall be oriented away from the westerly adjacent residential area and buffered with parts of the building and/or wing walls equal in height to truck height. The "winqwall" on the south side in the southwest corner currently ?lanned to be adiacent to the loadinq dock shall be extended easterly to coincide with the full lenqth of the loadinq area and at a height to screen all loadinq activities from view and to reduce noise to acceptable levels. the exact heiqht to be determined by the Desiqn Review Committee." C. follows: Precise Plan Standard No. 18 shall be amended as e:\lucky.wp December 5, 1993 Ord. Amending Lucky's Precise Plan Standards Page 2 7~ L-j "18. Duty to Construct Wall. A zoning wall of sufficient density to reduce noise of a material. auality and design as may be required by Design Review shall be built on or parallel to the west property line, at a location determined in a manner specified by Condition 18.A.. shall be between 6 and 10 feet in height as may be specificallY determined bY the maiority of the owners of those properties located on the east side of Garrett Avenue immediatelY abuttina the westerly properlY line of the site ("Seven Property Owners")'. The wall shall be architecturally treated on both sides. A. Location of Wall. The zonina wall required by Condition No. 18 shall be built in a position as determined bY the Seven Property Owners but no further westerly than the westerly property line of site and no further easterly than 20 feet east of the westerly property line of the Site. 1. Grant of Easement. On the condition that the Seven Property Owners waive any claim. action or suit aaainst Applicant for the issuance of this rezoning. and if the wall is located east of the westerlY property line. Applicant shall grant. for the period of time that the site is used by American stores for commercial purposes. easements to each of the Seven Property Owners over the area formed by extendina each of their respective property lines to said wall ("Extensions"). for the purpose of entering upon. landscape. and maintain landscaping. irriaation. and conduct recreational uses upon. upon said area. American Stores shall prohibit construction of above around structures in said area except fences along such Extensions. 2. Duty to Landscape InitiallY. On the condition that. pursuant to the provisions of paraaraph 18.A.1. above. if Applicant arants the Seven Property Owners easements. Applicant shall be obliaated to initially landscape the area of each easement so aranted. on a one-time basis only. to the reasonable satisfaction of each of the respective property owners. not substantially qreater than existina landscaping. Disputes as to the amount of landscapinq required shall be 1. define e:\lucky.wp December 5, 1993 Ord. Amending Lucky's Precise Plan Standards Page 3 7-5 resolved bY the Planninq Director, or his desiqnee. The Applicant shall be relieved of any further obliqation to landscape or maintain landscaping, and such shall be the sole responsibility of the respective property owners." D. Precise Plan Standard No. 26 shall be added which shall read as follows: "26. In the event that the Zoninq Administrator shalL subsequent to the adoption of this ordinance, determine that vehicles usinq the alleyway to the west of the proposed improvement at inappropriate or excessive speeds constituting a nuisance to the Seven Property Owners, the Zoninq Administrator may require that Applicant install speed bumps in a number and of a desiqn sufficient as he shall determine appropriate, and such requirement shall constitute a Precise Plan Standard in the same manner and effect as if such requirement was listed in this resolution without condition." E. Precise Plan Standard No. 27 shall be added which shall read as follows: "27. Applicant shall, subject to appeal to the city Council, implement any and all design features specifically intended to mitiqate noise and traffic problems as determined by the Desiqn Review Committee as a-ppropriate." SECTION III: Findings. The City Council finds that the modifications to the Precise Plan Standards are consistent with the City of Chula vista General Plan and that the public necessity, convenience, general welfare, and good zoning practice support the rezoning to C-C-P, Central Commercial, Precise Plan zone. SECTION IV: This Ordinance shall take effect and be in full force the thirtieth day from its adoption. Robert A. Leiter Director of Planning I V Bruce M. Boogaard City Attorney by Presented by e:\lucky.wp December 5, 1993 Ord. Amending Lucky's Precise Plan Standards Page 4 7-t '\ 0"" \ ^ r _ . ", \y,^{V', j hk & associates December 13, 1993 Mr. Hal Rosenberg City Traffic Engineer City of Chula Vista Chula Vista, CA 92900 Subject: Lucky Store Traffic Impact Study - JHK & Associates Response to Darnell Review (JHK No. 20123) Dear Mr. Rosenberg: As requested, JHK & Associates (JHK) has prepared this letter report to document our response to the transportation review report prepared by Darnell & Associates dated December 7, 1993. In addition to responding to the Darnell Review, this document also responds to the traffic related issues raised by "the Gan'ett A venue Residents" in a memorandum dated November 28, 1993. Finally, this report concludes with a discussion of a Conceptual Striping Plan developed by JHK to document the feasibility of providing an acceptable striping configuration on "J" Street west of Third Avenue adjacent to the proposed Lucky Store and the existing Lucky Store. As a result of this further analysis all of the findings outlined in the Final Technical Report have been confirmed and no changes in the original recommendations were identified. However, one additional mitigation measure has been developed. This mitigation consists of an extension of the raised median island along Third Avenue south of "J" Street to the southern edge of the Proposed Lucky Store property. The design of this median island will prevent left turn movements exiting the southerly driveway while allowing northbound left turns to enter the site at this location. . A more descriptive discussion of this mitigation measure is provided in Appendix A. With the adoption of the final list of mitigation measures outlined in Appendix A, no adverse traffic impacts should occur as a result of the implementation of the proposed Lucky Store Project. RESPONSE TO DARNELL REVIEW REPORT 1. Response to Trip Generation Comment JHK agrees with the Darnell review which states that a Commercial Grocery store (such as the Proposed 60,000 square foot Lucky store) should have a PM peak hour rate of greater than 8% which was the rate used by JHK in the development of Table 2-7 from the Final Technical Report. The 8% rate was Oliginully developed by JHK to reflect the mix of land uses 8989 Rio San Diego Drive . Suite 335 San Diego, California 92108 . (619) 295-2248 · FAX (619) 295-2393 7~7 _ j hk & associates Mr. Hal Rosenberg December 13, 1993 Page 2 which were proposed in the initial site plan (grocery store with separate commercial shops) but no longer applies to the latest site plan. To reflect a worst case scenario JHK has performed a recalculation of projected traffic conditions for the study :lrea intersections with a PM peak hour rate of 11 %. The directional relationship remains the same at 50% for inbound and outbound traffic. A revised table 2-7 was developed to document the new higher trip forecast and Appendix A contains a description of the recalculation and updated findings. 2. Responses to Scope of Analvsis Comments During the initial scoping session for the project between JHK and the City Traffic Engineer, review of intersections in the vicinity of the Proposed Lucky Store was performed to detennine which locations should be included in the traffic impact analysis. As a result of this review it was determined that only the intersection of "J" So"eetffhird Avenue should be included in the analysis. Other signalized intersections in the area were not considered critical based on historical data, traffic projections, and anticipated dispersement of project traffic. The Darnell Report concluded that the intersection of "J" Street and Fourth A venue should be included in the revised analysis. Although JHK was confident of our original assumption, a special Level of Service (LOS) analysis was peIformed for existing conditions and future conditions with and without the project. The calculation of Year 1992 PM peak hour LOS analysis for this intersection has been pelformed based on peak period turning movement volumes (December, 1992) provided by the City of Chula Vista. The revised calculation of project impacts presented in Appendix A shows that for existing Year 1992 (Base Conditions) this intersection operates at acceptable levels (LOS B). Additionally, the analysis of all future conditions indicated that this intersection remains at acceptable levels of service with or without the Proposed Project. 3. Response to Proiect Analysis Comment The JHK Final Report did not contain a specific analysis of traffic operations at the site access driveways. However, the report did contain recommendations to improve on-site circulation and ingress/egress at the site access driveways on Third Avenue and "J" Street. As ('] _1 /I-~ ?f _jhk &. associates Mr. Hal Rosenberg December 13, 1993 Page 3 a result of these JHK recommendations, the following circulation/improvements were incorporated into the current site plan. . Provide a raised median on Third Avenue south of "J" Street to restrict turn movements at the northern most projections/driveway to right turns in and out only. . Require the alignment of Proposed Lucky Store access driveway on the south side of "J" Street with the existing Lucky Store access driveway on the north side of "J" Street. . Reserve additional right-of-way along the south edge of "]" Street along the property frontage to provide the required width for an exclusive center turn lane on "J" Street to allow improved operations of east/west through traffic on "J" Street and traffic accessing either the existing store or the Proposed Lucky Store. Also, this additional right-of-way will provide adequate width for the provision of an exclusive right turn only lane for eastbound traffic on "J" Street approaching the intersection Third Avenue and "]" Street. . Provision of exclusive left turn phasing on Third Avenue!"J" Street for northbound and southbound left turning traffic. To confirm acceptable operations at the site access points under the revised trip generation values shown on Table 2-7, a separate section "Site Access Review" is provided in the revised analysis contained in Appendix A. . In response to the Darnell Report comment that signalization may be warranted at the southerly access driveway from the site to Third Avenue, JHK reanalyzed internal circulation and concluded that there was a potential for traffic conflicts that necessitated further control of site egress at this location. This additional traffic control measure prohibits left turns exiting the site at this location while allowing northbound left turns to enter the site at this southerly driveway access point. Although this new condition will divert egress traffic to the "J" Street driveway, there is sufficient capacity on "J" Street to accommodate the redistribution of project traffic. The redistribution of project traffic, however, will necessitate an additional modification of the Third A venue and "J" Street traffic signal. The new modification requirement will provide a left turn protective signal 7-1} _jhk & associates Mr. Hal Rosenberg December 13, 1993 Page 4 phase (arrow) for east and westbound traffic. A previously recommended signal modification required similar treatment for north and southbound traffic at this intersection. . An additional condition has been developed in relation to control of traffic at the site access driveways under future conditions. Due to the anticipated level of traffic activity at the two main access driveways to the Proposed Lucky Store site it will be important for the City of Chula Vista to closely monitor traffic operations over time. This monitoring process will identify the potential need for additional traffic control measures, especially at the main access intersection on ")" Su'eet west of Third Avenue. As indicated in the previous analysis, this "J" Street main access driveway will experience acceptable operating conditions under future conditions without a traffic signal. However, an additional condition should be applied to the Proposed Lucky Store Project, to require City approval of any future increase in square footage or driveway trip activity for the site. The basis for this approval will be the completion of an acceptable Traffic Impact Analysis as determined by the City Traffic Engineer. 4. Response to Future Conditions Analvsis Comment As requested, the revised traffic analysis in Appendix A provides an assessment of site access and study area intersection operations under future General Plan Buildout conditions with the Proposed Lucky Store Project. 5. Response to Garrett A venue Concems Comment As requested, the intersection of Fourth A venue and "J" Street is included in the revised traffic analysis provided in Appendix A. As shown in the reanalysis, acceptable levels of service are forecasted for both study area intersections (Fourth!"J" Street and Third Avenue!"J" Street) under both Interim Year 1995 and Buildout u'affic conditions. Thus, impacts to local neighborhood circulation facilities, such as Garrett A venue, will not occur as a result of the proposed Lucky Store Project since the two signalized intersections on "J" Street at Third Avenue and Fourth A venue are not expected to experience congested conditions under future Year 1995 or Buildout conditions. 7-){J _ j hk & associates Mr. Hal Rosenberg December 13, 1993 Page 5 RESPONSE TO GARRETT A VENUE RESIDENTS MEMORANDUM Appendix B provides a response to the traffic related comments detailed in the referenced memorandum under Item 2. PRESENT A TION OF CONCEPTUAL STRIPING PLAN Appendix C provides an illustration of a conceptual striping plan for "1" Street west of Third Avenue adjacent to the Proposed Lucky Store site. This conceptual striping plan was developed to demonstrate the feasibility of accommodating east-west through traffic and left- turning vehicles accessing the existing Lucky Store to the north of "J" Street and the Proposed Lucky Store to the south of "J" Street. As shown on the conceptual sketch, the additional right- of-way being acquired from the Proposed Lucky Store site, along the south curb line of "J" Street, will provide adequate cross-sectional width to accommodate one lane of through travel in each direction and a center median area to be striped to accommodate eastbound and westbound left turning vehicles. As a result of this striping plan, on-street parking will be eliminated along the southern curb line of "J" Street adjacent to the Proposed Lucky Store site. Additionally, the City of Chula Vista will review the need to restrict parking along the northern curb line of "J" SU"eet in the same vicinity. The elimination of on-street parking, on "J" Street, along the n011hern property frontage of the Proposed Lucky Store site will improve traffic operations by providing additional visibility for vehicles entering and exiting both the existing Lucky Store site and the Proposed Lucky Store site. All anticipated parking demand for the Proposed Lucky Store facility will be accommodated on-site with the construction of the proposed project. . The conceptual striping plan indicates that a set of left turn storage lanes can be provided along this section of "J" Street to allow for approximately 100 feet of storage for each movement. These 100-foot storage bays will be adequate to accommodate the queuing that is expected at the signalized intersection of Third A venue!"J" Street, the unsignalized intersection of "J" Street/Old & New Lucky Store entrances, and the unsignalized intersection of "J" Street/New Lucky Store truck entrance. 7--) I _jhk &. associates Mr. Hal Rosenberg December 13, 1993 Page 6 The infonnation detailed in this letter rep011, along with the revised technical analyses in Appendices A and B, provide the City of Chula Vista with the required responses to the issues raised by the citizens and their consultants during the review period for the Proposed Lucky Store Project. If you have any questions or require further infonnation, please do not hesitate to contact me. Sincerely, JHK & Associates J~~/I!~ Daniel F. Marum Senior Transportation Planner cc: Ken Lee Barbara Reid Doug Reid 7//2 APPENDIX A REVISED TRAFFIC ANALYSIS PROPOSED LUCKY STORE CHULA VISTA, CALIFIORNIA Prepared bv: JHK & Associates Date: December 10, 1993 7//Y APPENDIX A REVISED TRAFFIC ANALYSIS PROPOSED LUCKY STORE JHK & ASSOCIATES - DECEMBER 13, 1993 As indicated in the response letter to the Darnell Review of the Lucky Store Final Technical Report dated December 13, 1993, JHK & Associates (JHK) has prepared this Technical Appendix to document the findings of the revised traffic analysis for the referenced project. This Technical Appendix is divided into the following sections: . Revised Trip Generation Analysis . Revised Future Conditions Analysis - Interim Year 1995 Conditions . Revised Future Conditions Analysis - General Plan Buildout Conditions . Revised Site Access Analysis . Final Recommendations Each of the topics identified above are discussed in the following sections of this appendix. Each section contains a discussion of the analysis process and the revised findings/conclusions. It is important to recognize that this report focuses on PM peak hour intersection operations as this is the key indication of significant impacts based on the guidelines established by the City of Chula Vista. REVISED TRIP GENERATION ANALYSIS A revised version of Table 2-7 from the Final Technical Report has been prepared to document the total number of u'ips which are anticipated to be generated by this Proposed Lucky Store Project. As shown, Table 2-7 (Revised) reflects a worst case scenario in which an 11 % peak hour rate with a 50:50 split (inbound:outbound) was used to calculate PM peak hour project generated traffic activity. All of the subsequent traffic analyses are based on the revised trip generation values shown on this table. The following sections document JHK's recalculation of projected (Interim Year 1995 and General Plan B uildout) traffic conditions for the study area intersections. REVISED FUTURE CONDITIONS ANALYSIS - INTERIM YEAR 1995 CONDITIONS The following assumptions were used in the development of projected Year 1995 traffic volume conditions on the Study Area circulation network. . The Study Area circulation network includes the major signalized intersections of Third Avenue!,J" Street and Fourth Avenue!"J" Street. 1 7-;/ - '0 ~ CIl 'S: ~ ~ -- z o - Eo- < ~ ~- Z~ ~~ ~O~ ~Eo-~ _en~ ~>~ Eo-~~ ~U~ ~~~ O~,Q ::CEo-C ~O~ <O~ ~'-~ ~~CIl ~~~ ~<~ ~~'(j QOO Zen~ <=< >~~ ~Q~ :;:'-=::c Q::C~ QC ~~ < ~ Eo- en ~ r-- . ~ ~ :is ~ Eo- - ::: o ::c .... ::: o .:.:: ~ ~ ~ = - ~ ~ - ::: O.~ ::c.... ~ .:.::~ ~ ~ ~ - ~e .- CIl ~ Q. Q 'i: Eo- Q. 'i: Eo-~ >.~ =~ ~ Q ~>. CIl.... ~.Vi '0= = ~ ~.... ...;l~ \0 ...... '; .... o Eo- ~ CIl ~ '0 = ~ ~ >. a ;::l_ ....>. u_ s:: s:: ~o -- b./) ..c:s:: U'- 1-<'0 :s:-= ..c:;::l UIXl = '..; CIl .~ ~ . ~ l;;\ ~II V") ...... :g\ ~II ...... ~ ::\ !II ~ 00 ~ 00 ...... ~ 00 ~ ~ ~I ~ - ~ 0- en o o ...... - ("l ...... :9 :.2 ~~ "'a .... ~ ~ 0- en o o o N ~ s:: ~ :.2 U V") ("l ...... >. - B ~ E .-- >(~ 8'0 c..1-< c..Q) <:p. -- s:: -Q) 0-8 ,g~ u..c: tr.lU 'v") J:~ ~I ~I ~I ~ ...... ...... = -- -- ...... -- en p. !I) 'C SE- .... >. tr.l ~ ~~ Q) Q) U ;> o .- I-< I-< 08, 81 81 ~I ~ ...... ...... ~ ~~ I-< >. Q) en ~ ~ -S 'c;j -~ ......"Q Q)Q) O~ ..c;> :;.._ s:: s:: ~ '-1 0 ~ ~ "0 ._ Q) en '0 ~ ..c >. s:: ........ ~~ S::s:: ~ s:: Q).- ~o E'O :5~ -E.~ en;::l .5 Q) en~ Q)'-1 Q).- ~ ~:: -Sen ~~ ..cQ) B E .~ E3 'c;j B ~ .~ .... s:: E...... ~.~ ~ Q) .~ .... Q) enQ) 8'c;j l:l c.. s:: en F= Q)O U -s'O s^ ~en ..c .~ l:l .9- gp~ Q)l:l 8~ -Ss -sa B[> en Q) '0 en ~-s .g~. p. s:: '0 p. en '0 .- ~ en g - '0 Q);::l .- g ~ .0.5 U ~;::l :9E~ ....~ ;::lenQ) ~ ~ 0 p..... -S en ~ 'C .5 en~ ~~'O ~;::l ..c_S:: U b./) .....- ~ :.2t+:: ~.g~ ~ ~ U II ~ ......Q) :.2enE o~ ~'EP.~ I-< ...... en E<15 OQ)>' EP. I-<;>~ ;::l 'E .8';:: ~ s::~ E-3"g ~Q) ;::lE8 oS:: s::;::l.... ....1-< Q)US:: Q) 0 -S d:~ ..c: >. """l Q) ~ .....0 C':l _ I-< ....; ~ ~Q) ;::l--C':S g. ~ ff=.... = Q)~ en~O ~ Q) c...~ en _ 'E 0.... 'E a I-< U Q)c..~ >. ~ .::: '0 E ~..c: ..... Q).- ~ .... >.~ ~ .... Q) o'~ ;::l c.. ~ .~ s::.~ E 8'0' o S ~8p..a ...... N Vi B o Z 2 7~/__S' ~ .::: 0- en o o o ...... ~ C' en o o o ...... - o V") ...... .::: g- O o o o \0 .::: 0- en o o o o \0 -- N' -- en c.. 'C E- E .~ .... .... tr.l~ ~;::l 8 ~ 8 ;::l o~ o 0\ 0\ - C'i 'N ~Vi 0\= - QO ~~ =...: ar::! .....= ~ ~ c;j::; = = = ~ 0 ::;''= ~~ o = 'e!l) !I) 0 ~ .IS' .0 E-< U) u 0 ~!:QO ~",,!I) .- e'- gE-<o ~oa <<V) <ld~'O ~ <.~ .....V)u Vi Q) ~ ;::l o tr.l . The daily and PM peak hour trips generated by the existing Lucky Grocery Store located in the northwest quadrant of the Third Avenue!"]" Street intersection have been retained in this analysis of future conditions to reflect ongoing uses at this location. . No reduction in trips generated by existing church and preschool uses on the existing site have been accounted for in the analysis of future conditions at the Study Area intersections. . A compounded annual growth rate of two percent has been applied to existing daily and PM peak hour traffic volumes to reflect expected increases in traffic activity due to other development projects in this vicinity of Chula Vista. . The trip generation values shown on Table 2-7 (Revised) under the heading "Grocery Store (Cumulative Trips)" were used to reflect the project impact. These cumulative volumes (total trips minus passerby trips) have been added to the Year 1995 Base Condition volumes for the analysis of the two Study Area intersections. . For the intersection of Third Avenue!"]" Street, an additional intersection capacity analysis was performed to document the effect of the planned Medical Office Building Development. . The analysis of site access intersections is documented in a separate section of this Technical Appendix. Revised Proiect Site Distribution Figure 2-1 (Revised) has been prepared to document the anticipated distribution of project site traffic under the revised traffic control mitigation measure which will restrict left turns exiting the site at the southerly driveway located along Third A venue. This revised site distribution plan also shows the distribution of traffic to the west of the project site through the intersection of Fourth A venue!"]" Street. As stated in the Darnell Report, a critical aspect of this revised site distribution plan will be the testing of the ability of the Third A venue!"]" Street signalized intersection to accommodate the additional eastbound left turn volume while maintaining acceptable levels of service during the PM peak hour. Revised PM Peak Hour Intersection Capacity Analvsis Table 2-9, revised, is provided to document the anticipated levels of service at the two study area intersections under Interim Year 1995 traffic conditions with and without the Proposed Lucky Store Project. As shown on this table, both study area intersections will operate at Level of Service B with or without the Proposed project. With the addition of the Medical Office 3 7-J~ z, ..... 0 0 ~ ..... tZl ~ l:I! S ~ l. r", ~nu~^y Pl!tlL e!i 1 T~ ( e!i ( "'--+ ~""""\, '" "'""""\, e!i tJi ~e!i '" e!i s""""\, ....s ~ z 0 - E- ~ ;:J 0 == l:I! ..... - S tZl = ^UM~^pa l. tIi >. E- "-..~ ^UM~^pa ~ en (.) - - PIO ::s 'C Q M~N ....J 0 ~ l.tJi <Il "0 os: - '" 0 0 = .... <Il = E- o 0.. -- E- o ..-4 U I d:: M ~ ~U!PUO'1 0 ..., ~ 0 = = ~ ~ ){JIU,L ~ Q ~ en tJi ;:: tJi -< -,0",00 U J 1 l. "-..tIi ~ 00 = 0 ------- ------ ~ ~nu~^y n~JlUO tJJ T -,0 ;:: '" tJitJitJi -,oa-.-,o "-..tJi J 1 l. -,0 ..- ~ tJiJ T ~ ~nu~^y qunod ~ -,0 .... tJi -- M a-. .... -- '" ..... i. 0 "ii 0 ~ ... c ..... a: ~ tZl O'~ ~ ""... c:. U GI C':I "" Cl. o E ~- ~u 7~/'7 .:..:5 u C':I .5~ 4 "0 ~ ~~ C.J m ('1 "0 th: =1Il~"'- 0 U 1I).c = = '~o = ..:l C\.": 0-,- ~ e-, ~ Q. Q., Q., "; 5 ~ 5 C.JQ. III 0: "0'- 0 -- ;=U~~"O- C.J ~ o 1Il~~ III ~ .- 0 0 ~ ~ '-" ~ > ....: "; '- Q. ~ \0 "O=~OIllQ ..... .- == '-= 1:':1 0= Q.,_ 1:; u< Q., Q "0 ~~ - m ('1"0 C.J =1Il~ 0 ~ ~ m 1I).c = ='0 ..:l Z e-,-O- .- Q.Q., '- 0 e-, ~ 5 Q., - ~ .c -- E-c '-1Il0....."o C.J <m 1:':1 ~U ~ ~ ~ III 0 0 ~z ~.- 0 0 '-" ~o >=";'-Q. I/) 0 "O=~o ..... .- .- Q.,- = = '- 1:':1 oC 0= Q., 1:; -- ZQ u< Q "0 OZ ~ ~"O III _0 ~ - .- E-cU m ~ ~ ('1 "0 0 C.J ~ UII) III =z~ 0 ~ ~ ~ 1:':I.c = . ..:l ~e-, ~....: g, "0 e '-" me-, e-, ~~ II)~S=Q., . ~~ ~1Il01:':l"O -- ('1 C.J E-c< ~~U=~ ~ ~ ~~ ,-'..:- ~ ~ III r-- 0\ ::c '-" ~> 1:':1'- 1:':1 0 Q. ~ 0\ 1:':1 ~"O='-O ..... .- E-c ;J~ >==~'- 1:':1 0= Q., 1:; O~ U< Q ::C;J ~E-c m <;J ~~ 0 ~ ~ III ..:l Q., ~= ~ = 0 .--- -- -- Q., 1Il'- C.J ._ "0 ~ ~= III 0 \0 '-" ~o 0 0\ U .- 1:':1 1:; Q .... .... Q) = Q) ~ 0 ~ en .- - en C.J ~ ~ ~ III '-.. '- '-.. 43 ~ 43 ~ - ~ <: = <: - -5 'E 1-0 .... ::s ~ 0 u.. 5 7--,) ;Y _^._~._.~"~~_~._~~~"-.o"," Development on Third Avenue, the intersection of Third Avenue!"J" Street would operate at LOS C. Attachment 1 contains the HCM worksheets which were developed for this Interim Year 1995 analysis. REVISED FUTURE CONDITIONS ANALYSIS - GENERAL PLAN BUILDOUT CONDITIONS To examine the potential impact of this Proposed Lucky Store Project under General Plan Buildout Conditions, a separate technical analysis has been conducted. A new Table 2-10 has been developed to document the results of this Buildout analysis. The basis for developing the Base Condition (without Proposed Project trips) was a detailed review of the Buildout travel forecast developed for the Chula Vista General Plan Update Circulation Element in 1989. This Buildout travel forecast indicates that the growth in average daily traffic (ADT) on the street segments adjacent to the two study area intersections will be from 10 to 20 percent. To reflect this growth during the PM peak hour, the intersection turning movement volumes at the two study area intersections were modified to reflect an increase of approximately 1 percent compounded annually or an overall increase in traffic activity of approximately 22 percent. This increase in PM peak hour traffic activity accounts for all anticipated growth as a result of the implementation of the General Plan Land Use Element. A new Table 2-10 has been developed to document the results of PM peak hour intersection operations under General Plan Buildout Conditions with and without the Proposed Project. Table 2-10 also contains an additional column of information to document the impact of the planned Medical Office Building to be located on Third Avenue south of "J" Street. As shown on the table under all Buildout scenarios, acceptable levels of service (LOS D or better) are achieved. LOS D operations at major signalized intersections in an urban setting is consistent with the level of development which is forecasted by most General Plan Land Use Elements. Attachment 2 contains the HCM worksheets which were developed for this General Plan Buildout analysis. REVISED SITE ACCESS ANALYSIS In response to Item 3 of the Darnell Report (Project Analysis), JHK has conducted an analysis of potential impacts at the site access driveways. The intersections analyzed include the main access point on "J" Street (providing access to the Proposed Lucky Store to the south of "J" Street and the old Lucky Store to the north) and the main access point on Third Avenue located near the southern property line of the Proposed Lucky site. Both intersections were analyzed for signal warrants and calculations of unsignalized intersection operations were conducted using the Highway Capacity Manual (HCM) procedures. The following sections discuss the analysis of each of the main site access driveways and Attachment 3 contains a copy of the HCM worksheets for the Year 1995 PM peak hour condition. 6 7-/~{ - ~ ~ z -- VJ Z o - ~ <z ~< ~....:lVJ o~z z....:lO o<E: -a:- ~~Q uzz ~~o VJe,:,u a: ~a:~ ~<~ z~o ->Q a:~....:l ~a:- o~~ ::c~='l ~~ <'- ~ ~ ~ ~ = ~ . M ~ :is cc ~ - c ~ VJVJ5 VJ _'::"O::l::lQ. 0 Cl C=i~-s:o ....:l ::l VJ~ _ cocc ~ Cl.~-tj... <e,:,I......~~ (j - .....Q C.- 0 ~ "0 _.~ _ ~ -~ ~ ~"OQ(j (j - _c~<"OE (j r- ::l::lM ~ 00 OM(j~O VJ .g Q. a:: 0 -- M - 5 .... Q.- .... .- ell cc 0 cc ::l 0 ~ _ I..~ c= ='lU--~~"O ~ ~ Q ~ _'::"O~ VJ C=i~-- 0 Cl co ::l VJ ~ (j ....:l cocc ~ c - ~ -.0 <e,:,b$1. C.>~ ~ "0 _ ._ ~ -"0 ~"O~<~ - _c VJ (j \0 00 ::l::lM 0 ~ OOM(jQ. VJ 00 - "0 Q. a:: 0 -- M - 5 .... - ::: ell c= ~ ..... ::l0~1. cc ='lu--~ ~ Q o -.::"Oz ~i~"Otj coc=5~ c - ~ ..". <e,:,b-e c .....~ ~"O_;O:: ~ ... "0 ~ "0 Q.':: ~ _c~(jVJ ::l::lM<O OOM Q. "0 Q. (j 0 :: E ~C '- ::l 0 ....~ ='lU~e ~ VJ o ....:l Cl co - (j \0 ~ c: VJ -- 0\ - N - ..... cc - ~ Q ... ... ll) ll) ll) C ~ b 0 en .- en - ~ (j ~ ~ "- VJ "- 0 - 0 ... ~ - ... <: c <: .c - ] 1: ::s ~ 0 u... 7 ?<2C "J" Street Main Access Drivewav For the "J" Street main access driveway, it was determined that the need for traffic signal control at this location is potentially necessary. The determination for the need for signal control at this location should be based on observed traffic conditions in the future by the City of Chula Vista. To confIrm adequate intersection operations at this location, un signalized intersection analysis was conducted. This analysis revealed that all movements will operate at acceptable levels of service (LOS E or better) with only the northbound and southbound left turn movements exiting the old Lucky Store and the Proposed Lucky Store experiencing high levels of delay. These high levels of delay for outbound left turn movements is typical for unsignalized intersection control. Third A venue Main Access Drivewav As documented by the HCM worksheets shown in Attachment 3, this main access driveway on Third A venue will experience acceptable operating conditions during the PM peak hour. The northbound left turn movement is anticipated to operate at LOS D, however acceptable gaps in southbound through traffIc should exist due to the effect of the traffic signal located at the intersection of Third Avenue!"J" Street. FINAL RECOMMENDATIONS As a result of this revised u'affic analysis, it has been determined that all previous recommendations be retained. As a result of site access plan review by the City of Chula Vista, the previous recommendation documented in the Final Technical Report to remove the northernmost access driveway along Third A venue has been eliminated. To adequately address the issue of access at this location, it has been recommended that a raised median be installed along Third Avenue south of the "J" Street intersection. This raised median would restrict movements at this northerly access driveway to right turns in and right turns out only. As mentioned previously, a new recommendation which was developed as a result of this revised analysis is the extension of the raised median on Third A venue to the southern edge of the Lucky Store property. This raised median will transition across the existing center left turn lane on Third Avenue to channelize the northbound left turn movement into the Proposed Lucky Store site while prohibiting the outbound left turn movement from this driveway. This additional mitigation recommendation will be required if the daily and PM peak hour traffIc activity for this Proposed Lucky Store occurs at the levels predicted by the trip generation values applied in this study. Additionally, it has been confInned that the signalized intersection of Third Avenue!"J" Street will have sufficient capacity to handle the total estimated amount of traffIc wishing to exit the site and proceed northbound on Third A venue. Although this new mitigation measure will divert egress traffic to the "J" Street driveway, there is sufficient capacity on "1" Street to accommodate the redistribution of project traffic. The 8 0/-'1/ ' ~ / redistribution of project traffic, however, will necessitate an additional modification of the Third Avenue and "J" Street traffic signal. The new modification requirement will provide a left turn protective signal phase (arrow) for east and westbound traffic. A previously recommended signal modification required similar treatment for north and southbound traffic at this intersection. Site Access Analysis Under General Plan Buildout Conditions Due to the anticipated level of traffic activity at the two main access driveways to the Proposed Lucky Store site it will be important for the City of Chula Vista to closely monitor traffic operations over time. This monitoring process will identify the potential need for additional traffic control measures, especially at the main access intersection on "J" Street west of Third A venue. As indicated in the previous analysis, this "1" Street main access driveway will experience acceptable operating conditions under future conditions without a traffic signal. However, an additional condition should be applied to the Proposed Lucky Store Project, to require City approval of any future increase in square footage or driveway trip activity for the site. The basis for this approval will be the completion of an acceptable Traffic Impact Analysis as detennined by the City Traffic Engineer. 9 0/1+ / cr-L DEC 14 '83 16:47 P~l JOHNSON, O'CONNELl & MCCARTHY A PARTNERSHIl' INCLUDINC A I'KOFE5SIONM COKPOR^TION "TT~NEYS AT lAIN CABOT. CABOT & FOltlllS COltl'Oltl'!Tf CENTl:K $$0 WI;$T 'C. STREET, SUITE 11 SO ""'.... OI!<;O. CALIFORNIA m 01-"40 TELEPHONE (61 gl 696-6211 TEl.eC:O"l!R (61" 6t6.1516 TElECOPI~J TRANSMISSION FORM Transmitted on: ld-.l L"t (q3 Time: ~'.~ pm Pages: "'1t.lX::> (includes cover page) To: C\-\U or ~ \Ji ~ _ L~ta... \J(~ \ , CI~ 0:orell l 40 Beuefl~ef. Telecopier No.: 5 '85 - 5l.&> I a. Document (s): w(i~ non ce of Cbrn~eYY'\e'(\+ of ac;t"1DVI from: \(e..ui Y\. ~ch(\SOtI Johnson, O'Connell & McCarthy File No: t<~A (<erA . 13'-1- ~ Client/File: Operator: Message: Please confirm receipt of this transmission via telephone: Yes No v""'" Attention: .-NOTICE** The information contained in this facsimile message is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by facsimile. If the person actually receiving this facsimile or any other reader ofthefacsimile is not the named recipient ortheemployee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution or copying of the communication i$strictly prohibited. If you have received this communication in error, please immediately notifr U$ brtelephone and return the original message to us atthe above address via the U.S. Postal Service. 7/e2 Y DEe 14 '93 16:47 PRGE.002 u'""".... ~- ItOIatT A. O'C:O"''1'loUl D~""1ElI. foikO<<THY HtlOl L POWN OC~IS"NE A.. CARLINO + JOHN EvAN lOWAA~ JEANNE l. MM:,f;INNON JOHNSON, OICONNElL & MCCARTHY A PAATNeR$HlP lNClUDINC A PROFESSIONAl. CORPOkATION ATTORNfYSATI.AW CAIK>T. CA80t ~ FOlt8fS <=ORPOR^Tf CENTER S:>O WE>T 'C. STREET. SUlTf 11 so SAN DIEcoO. CAllFOItNIA 92101-3540 December 14, 1993 MICH8.E D. REillY LEC^,- ADMINIS11lATOR nUPHONE (&1') &'6-6211 nlECOPIER (619) 69Ei.751 6 . .....,,_ ",,_~ncH'l . __ ~D'" _...... _D 'lt~...""" city of Chula Vista and the Cbula Vista City council c/o Beverly Authelet, city Clerk 276 Fourth A.venue Cbula vista, CA 91910 VLA F.RX ~; 585-5612 Re: 'II1trP.rmr BOT:ICB 01' ~1ft1I R~"""'r OP &CT:IOJI Jrot;1ce of riling petitioD for writ o:f llanaat. on GPA-93-06 (Aaen4iDg ~he 8eDeral ~laD from Pro:fessiona1 aa4 AGainistrati.e Office 'to Retail commercial) aDd PCS-'3-B (.e.08iI19 :froa co.aercial Of:fica ~4 ...i4ential to Oen~al Co_ereia1) an4 1:he Relate4 lfotice of J)et8DlinatioD ApproviDg a .egative Deolaration for these oJlallgea f.(lO THE CI:ft OF CHOIA VIS'l'A AND THB CITY COUNCIL OF THE CITY OF CHO'LA vrSTA: Pleaso be advised that, pursuant t.o Public Resources Code 521167.5, you are hereby notified that Gerrett Avenue Residents and its individual member15 intend to file a Pet.it.ion for Writ of Jtan<late in San Diego Superior Court, South Bay Branch, on Wednesday, December 15, 1993, seeking- to void GPA-93-06 (amendlnq the General Plan from prOfessional and administrative ottice to retail commercial) and PCZ-93-E (rezoning trom commercial office and residential to central commercial) and the related Notice of Dete%1lLination approvinq a Keg-at! ve Declaration for these chanqes. A lIotice of Determination was filed on or after November 15, 1993. A copy of this l.etter of notice will be attached to the potition for writ of Kandate as an exhibit when filed on Wodnesday. very truly your., JOJD1'SOJI, 0' CObkld. , .ccmRTIn' ~.l.-<JcAv cK - ~/ khl Kevin K. Johnson UJ/b er.- ,,... ?-dj/ ** TOTAL PAGE.002 ** ITEM TITLE: ITEM r MEETING DATE 12/14/93 Resolution /7,1~~ePting federal Library Services and Construction Act grant funds for the continuation of specific library reference resources, appropriating funds and amending the FY 1993-94 budget. SUBMITTED BY: Library Director ~ City Manager'r. \)'<, ~\ J\ '1\../ A For the fourth consecutive yea~the California State Library has approved the Chula vista Public Library's application for Major Urban Resource Library (MURL) funds. These funds are available to libraries serving cities having a population of 100,000 or more and are awarded on a per capita calculation based on the population and funding levels provided by the United States Department of Education. These libraries must also participate in the California Library Services Act (CLSA) database and statewide inter-library loan programs. In FY 1993-94 the grant amount is $11,615. These funds will purchase Business Collection, a microfilm product of nearly 400 business journals and enhance the career and job seeking materials collection. COUNCIL AGENDA STATEMENT REVIEWED BY: (4/5ths Vote: Yes-1L-No_) RECOMMENDATION: That Council adopt the resolution, appropriate the funds and amend the FY 1993-94 budget. BOARD/COMMISSION RECOMMENDATION: meeting of September 22, 1993, application for MURL grant funds. The Library Board, at their voted to support the Library's (Attachment A) DISCUSSION On September 28, 1993 the City Council approved the Library's application for MURL funds. As the Chula vista Public Library is a City agency serving a resident population of over 100,000, it has been designated a Major Urban Resource Library (MURL) and is, therefore, eligible for these funds. MURL funds were awarded to the Chula vista Public Library in FY 1990-91, 1991-92 and 1992-93. Monies were used to purchase business directories, both regional and foreign, as well as timely business information affecting the greater San Diego and southern California area. As a result, the Chula vista Public Library has acquired materials on twin plant/maquiladora projects with Mexico, directories that highlight both product markets and suppliers in the Southern California Area, directories which encourage import- export with foreign companies and etiquette for doing business with various foreign countries. ~/ ITEM r, PAGE 2 MEETING DATE 12/14/93 MURL funds were also used to purchase Business Collection for the users of the Chula vista Public Library. Business Collection provides access to 400 business periodicals and journals on microfilm and is of use to small business enterprises, students, private and public sector administrators. It is the Library's intent to use the 1993-94 funds to continue Business Collection, and to strengthen the collection of career and job seeking materials for the users of the Chula vista Public Library. As required by the grant, Paula Brown and Maureen Roeber will attend a three-day seminar as a part of the 1993-94 MURL program. A regional collection development plan will be drafted at this meeting. Funds to support their participation will be drawn from the grant itself. FISCAL IMPACT: Accepting the grant will provide $11,615 to the City's General fund and this amount will be deposited into revenue account 260-3654, and appropriated into the following accounts: 260-2614-5328 - $10,615 260-2614-5221 - 1,000 Reference Books Travel 7-2/ ?-3 ATTACHMENT A LIBRARY BOARD OF TRUSTEES - 6 - SEPTEMBER 22, 1993 D. MURL Grant E. Spanish Immigrant Grant Director Palmer asked the Trustees to support the Library's MURL and Spanish Immigrant grant applications. The MURL grant, in excess of $11,000, would be used to continue the business collection on microfilm and buy other materials to support career development. The $5,000 spanish Immigrant grant, if awarded, will be used to improve service to the immigrant Spanish-speaking population at the Castle Park Library. MSC The Library Board supports the Library's application for the MURL Grant as well as the Spanish Immigrant Grant for continuing the business collection and career development under MURL and for materials to assist Spanish immigrants. (Donovan/Wilson 4-0-1, Williams absent) IV. LIBRARY DIRECTOR'S REPORT A. Parking Lot Resurfacing Resurfacing the parking lot has been completed with few public complaints. B. ADA Grant The state awarded this grant to Chula vista to develop a model for service to the disabled and Library staff is in the process of final implementation. The equipment has arrived and will be located where the computer terminal for the handicapped is currently. These new tools will be available to the public once a table upon which the equipment will be placed arrives. Some of the special equipment the center will contain are a voice-synthesizer system, a large screen magnification system, an OPAC with a large screen and voice output. The Library is also buying a closed caption capable TV and VCR to preview videos, a system to help the hearing-impaired in the auditorium and a TDD. Mr. Alexander suggested using closed-caption videos to aid in literacy training. ~~j RESOLUTION NO. )7330 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FEDERAL LIBRARY SERVICES AND CONSTRUCTION ACT GRANT FUNDS FOR THE CONTINUATION OF SPECIFIC LIBRARY REFERENCE RESOURCES, APPROPRIATING FUNDS AND AMENDING THE FY 1993-94 BUDGET WHEREAS, for the fourth consecutive year, the California State Library has approved the Chula vista Public Library'S application for Major Urban Resource Library (MURL) funds; and WHEREAS, said funds are available to libraries serving cities having a population of 100,000 or more and are awarded on a per capita calculation based on the population and funding levels provided by the united States Department of Education; and WHEREAS, these libraries must also participate in the California Library Services Act (CLSA) database and statewide inter-library loan programs; and WHEREAS, in FY 1993-94, the grant amount is $11,615 which funds will purchase Business Collection, a microfilm product of nearly 400 business journals and enhance the career and job seeking materials collection; and WHEREAS, the Library Board, at its meeting of September 22, 1993, voted to support the Library'S application for MURL grant funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby accept federal Library Services and Construction Act grant funds for the continuation of specific library reference resources. BE IT FURTHER RESOLVED that the grant will provide $11,615 to the City'S General Fund, which will be deposited into revenue account 260-3654 and appropriated as follows: $10,615 into Account 260-2614-5328 (Reference Books) and $1,000 into Account 260-2614-5221 (Travel). David Palmer, Library Director I I t Presented by c: \rs\murl ~Lj COUNCIL AGENDA STATEMENT ITEM Cj MEETING DATE 12/14/93 1 t' 1?3J/ t' f d 1 'b ' eso u lon accep lng e era Ll rary Servlces nd Construction Act (LSCA) funds for the purchase If books and materials to serve Spanish-speaking .mmigrants, appropriating funds and amending the FY L993-94 budget. SUBMITTED BY: Library Director~ REVIEWED BY: city Manager~ 'QID~\ (4/5ths Vote: Yes---X..-No_) The California State Library has approved the Chula vista Public Library's application for grant funds in the amount of $5,000 for the purchase of books and other materials. The grant was awarded to the Castle Park Library at 1592 Third Avenue. RECOMMENDATION: That Council adopt the resolution accepting federal Library Services and Construction Act (LSCA) funds, appropriate funds, and amend the FY 1993-94 budget. BOARD/COMMISSION RECOMMENDATION: At their meeting of September 22, 1993 (ATTACHMENT A) the Library Board of Trustees supported the Library's application for the grant to serve SpaniSh-speaking immigrant populations. DISCUSSION On September 28, 1993 the City Council approved the Library's application for federal Library Services and Construction Act funds. The State Librarian has made available federal Library Services and Construction Act (LSCA) funds to develop a program to improve service to immigrant populations. This is the second year the Castle Park Library has been awarded these funds which will be used to purchase approximately 700 books and other materials for Spanish speaking immigrants. These materials will provide assistance to immigrants in adapting to the United States, e.g., learning English, finding employment or housing, and responding to medical, legal and household repairs and concerns. FISCAL IMPACT Accepting this grant will provide $5,000 to the city's General Fund which will be deposited into revenue account 260-3654 and appropriated to the following accounts: 260-1615-5331 260-2615-5212 $4,500 $ 500 Books Printing tj -- / /q - :L ATTACHMENT A LIBRARY BOARD OF TRUSTEES - 6 - SEPTEMBER 22, 1993 D. MURL Grant E. Spanish Immigrant Grant Director Palmer asked the Trustees to support the Library's MURL and Spanish Immigrant grant applications. The MURL grant, in excess of $11,000, would be used to continue the business collection on microfilm and buy other materials to support career development. The $5,000 Spanish Immigrant grant, if awarded, will be used to improve service to the immigrant Spanish-speaking population at the Castle Park Library. MSC The Library Board supports the Library's application for the MURL Grant as well as the Spanish Immigrant Grant for continuing the business collection and career development under MURL and for materials to assist Spanish immigrants. (Donovan/Wilson 4-0-1, Williams absent) IV. LIBRARY DIRECTOR'S REPORT A. Parking Lot Resurfacing Resurfacing the parking lot has been completed with few public complaints. B. ADA Grant The state awarded this grant to Chula vista to develop a model for service to the disabled and Library staff is in the process of final implementation. The equipment has arrived and will be located where the computer terminal for the handicapped is currently. These new tools will be available to the public once a table upon which the equipment will be placed arrives. Some of the special equipment the center will contain are a voice-synthesizer system, a large screen magnification system, an OPAC with a large screen and voice output. The Library is also buying a closed caption capable TV and VCR to preview videos, a system to help the hearing-impaired in the auditorium and a TDD. Mr. Alexander suggested using closed-caption videos to aid in literacy training. 9-2 RESOLUTION NO. /7 JJ J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FEDERAL LIBRARY SERVICES AND CONSTRUCTION ACT (LSCA) FUNDS FOR THE PURCHASE OF BOOKS AND MATERIALS TO SERVICE SPANISH-SPEAKING IMMIGRANTS, APPROPRIATING FUNDS AND AMENDING THE FY 1993-94 BUDGET WHEREAS, the Chula vista Public Library has been awarded a Federal Library Services and Construction Act (LSCA) grant by the California State Library in the amount of $5,000 to purchase books and other materials for the Castle Park Library at 1592 Third Avenue; and WHEREAS, on September 28, 1993, the Library Board of Trustees voted to support the Library'S application for the grant to serve Spanish-speaking immigrant populations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby accept the Federal Library Services and Construction Act (LSCA) grant funds awarded to the Chula vista Public Library for the purchase of books and materials to serve Spanish-speaking immigrants. BE IT FURTHER RESOLVED that the FY 1993-94 budget is hereby amended by appropriating $5,000 from the Library Federal Grant Fund 260-3654 as follows: $4,500 to Account 260-1615-5331 (Books) and $500 to Account 260-2615-5212 (printin David Palmer Library Director ApPV d as{o ~ce M. ~Ogaard City Attorney Presented by C:\rs\LSCAgmt 9-3 ~C( St~ ~ (/{/?(93 ~ It/tie ~ COUNCIL AGENDA STATEMENT .....0 Meeting Date 1 \0 ~ \i> I 2.-/' Li /ct:::, ITEM TITLE: Public Hearing: GPA 92-03; Consideration of the 161-acre EastLake Land Swap portion of the Otay Ranch General Plan Amendment. GP A 93-04; Application by EastLake Development Company for a General Plan Amendment for 74-acres within EastLake Greens. Resolution / 7.3 tJ ~ending the General Plan for 161 acres located south and west of the EastLake Greens community. Resolution /73 f) CJ: Amending the General Plan for 74 acres located within the EastLake Greens Community, south of EastLake High School and on both sides of the extension of EastLake Parkway. SUBMITTED BY: Director of Planning;C:. )t/: City Manager~ U<6 ~'11 (4/5tbs Vote: Yes_NoX) REVIEWED BY: BACKGROUND The applicant, EastLake Development Company, has submitted two requests for amendments to the General Plan: a request for an amendment for 74 acres (GPA-93-04) located within the EastLake Greens community and a request for an amendment for 161 acres (GPA-92-03) located within the boundaries of the Otay Ranch Project, immediately south of EastLake Greens, and known as the EastLake "Land Swap" parcels. Consideration of the two amendments are combined here because of the close land use relationship between requests. The Chula Vista Planning Commission also considered and made recommendations on the two requests in a combined public hearing. The General Plan Amendment (GPA 92-03) for EastLake Greens consists of a request for redesignation of 74 acres located within EastLake Greens. The proposed GPA involves two separate parcels, one south of Eastlake High School on the west side of Eastlake Parkway, east of the future alignment of the SR-125 freeway (Subarea 1) and the second in the southwestern portion of EastLake Greens, south and west of the (240 ft. wide) San Diego Aqueduct/SDG&E utility easement (Subarea 2) [See Attachment A of the draft Council Resolution]. An Initial Study (Case No. 93-16) was prepared for the proposed project and a recommendation was made by the City's Environmental Review Coordinator that the project ~ , 0-\ Page 2, Item Meeting Date 12 be found to have no significant impacts which were not discussed in EIR 86-04 for the EastLake Greens project, and that an Addendum to EIR-86-04 for the proposed project be adopted. Enclosed with this agenda statement is a copy 7f 'the EastLake Greens SPA Environmental Impact Report (EIR-86-04) and the Addendum. On Oc ber 28, 1993, the City Council took fmal act~on;to Certify the Final Program Environme Impact Report (FPEIR-90-01) for the Otay ~ch Project and approve the Otay Ranch Genera Plan Amendment (GP A 92-03), excluding the EastLake Land Swap parcels. The EastLake L d Swap property consists of 161 acres. located immediately south of the EastLake . Greens c mmunity and was analyzed within $e Otay Ranch Program EIR 90-01 (phase II Progress PI Alternative). Since this portion of the Otay Ranch Project is so closely related to the EastLak Greens community and the/companion request by the EastLake Development Company ( A 93-04), discussion of b9th requests have been combined in this I report. The Final Program Environmenta PEIR-90-1), CEQA Findings, Mitigation Monitoring and Reporting Program, d Stateme of Overriding Considerations for the Otay Ranch Project, which the Council is 1:) 'ng asked to recertify and adopt, is not included in the Council's packet due to recent action on e Ota Ranch. An additional copy can be provided if any member of the Council desires. - This item was continued from the meeting of 0 mber 16, 1993 as requested by the EastLake Development Company, in order to meet with ncerned property owners regarding the proposed General Plan amendments. Three omeowne from the EastLake Greens community, including Mr. Jack Pouchet, whose corr spondence received by the Mayor and City Council on November 15, 1993 (see a hed), met with s f and the EastLake Development Company on November 29, 1993, t discuss the merits f the proposed General Plan amendment. Each of the property own s appeared to depart wi a much better understanding of the proposal and indicated that ir initial concerns were les ned after receiving a full explanation of the proposal. In dition, a petition which was esented to the City on November 16 is attached. Neither lanning Department staff nor the a licant were aware of this petition until December 2. taff and/or the applicant will be in ontact with these petitioners prior to the Council eting. RECOMMENDATION: Tha 1. Recertify that they hav read and considered FPEIR 90-01, for the Otay Ranc Project, and that the proposed project has no significant impacts which were not discussed in the EIR, and adopt the General Plan Amendment for the EastLake Land Swap parcels (GP A 92~03) per the Staff/Planning Commission recommendation contained in the attached draft City Council Resolution. - ~ Page 3, Item I 10 Meeting Date 12L 71993 \ 2,1 I'""' 1'1 ~ 2. Recertify that they have read and considered EIR 86-04, for the EastLake Greens project, and that the proposed project has no significant impacts which were not discussed in the EIR, and adopt the proposed Addendum to Environmental Impact Report EIR 86-04. 3. Adopt the proposed EastLake Greens General Plan Amendment (GPA 93-04) per the Staff recommendation reflected in the attached draft City Council Resolution. 4. Adopt CEQA Findings, Statement of Overriding Considerations and Mitigation Monitoring Report for the EastLake Land Swap (GP A-92-03, part of the Otay Ranch Project GPA) & EastLake Greens (GPA-93-04). BOARDS/COMMISSIONS RECOMMENDATION: Resource Conservation Commission The Resource Conservation Commission (RCC) reviewed the contents of the Otay Ranch Final Program EIR (FPEIR-90-0l) on February 15 and March 1, 1993, and after much discussion failed to make a recommendation (vote 3-3) regarding adequacy of the FPEIR. No comments regarding the EastLake Land Swap portion of the Otay Ranch GP A were made by the RCC (see minutes attached). The RCC reviewed the contents of the EastLake Greens EIR (EIR-86-04) on May 8, 1989, prior to certification of the EIR and approval of the EastLake Greens General Development Plan, Sectional Planning Area Plan and Tentative Subdivision Map. The RCC recommended (vote 4-0) that the EIR not be certified (see minutes attached). The Environmental Review Coordinator prepared an Addendum to EIR-86-04 which analyzes the impact of the proposed GP A for EastLake Greens, and found that the number of units proposed is less than that analyzed in EIR-86-04, and that there have been no substantial changes in circumstances regarding the project. The Environmental Review Coordinator therefore found that EIR-86-04 is adequate for the proposed GP A in accordance with the Addendum. Planning Commission On May 26, 1993, the Planning Commission recommended that the Council: 1. Adopt the proposed EastLake Land Swap portion of the Otay Ranch General Plan Amendment (GPA-92-03) per the Staff Recommended Alternative (see attached Planning Commission Recommending Resolution (PCM-90-3)), and ~ It'\-~ Page 4, Item Meeting Date 1 lO - 2. Adopt the proposed General Plan Amendment for EastLake Greens (GPA 93-04), subject to designating 20 acres south of EastLake High School (see Sub-Area #1 on Exhibit 10) as Medium Residential (6-11 duJac) (see attached Planning Commission Recommending Resolution (GPA-93-04)). DISCUSSION: The proposed General Plan Amendment for the EastLake Land Swap parcels for the Otay Ranch Project relate closely to the proposal by the EastLake Development Company for an amendment to the General Plan for 74 acres within EastLake Greens. Therefore, it is appropriate to review and discuss each proposal in the same context and within the same hearing. Community Forum On February 18, 1993, prior to Planning Commission hearings on either GP A proposal, the Planning Department conducted a community forum for the proposed EastLake Greens GP A (GPA 93-04). Also presented and discussed at that forum was the proposed EastLake Land Swap portion of the Otay Ranch Project (GPA-92-03). The forum was held at the EastLake High School library, where nine citizens from the EastLake Greens neighborhood attended. - EASTLAKE LAND SWAP (Otay Ranch GP A 92-03) When the planning effort for the Otay Ranch began in 1989, the EastLake Development Company owned approximately 160 acres completely surrounded by the Otay Ranch and identified as part of the previously approved EastLake Phase II GDP (identified as Parcel "A" on attached Exhibit 1). Without inclusion in the overall planning for the Otay Ranch, comprehensive planning of the Otay Valley Parcel would have been difficult. Because of this, various Project Team plan alternatives have been prepared which include this parcel of land. During the planning effort for the Otay Ranch, Otay Vista Associates, L.P. (The Baldwin Co.) and EastLake Development Company negotiated a private land swap agreement whereby land area of similar size (3 separate sites totalling 161 acres, identified as Parcel "B" on Exhibit 1) located immediately adjacent to the EastLake Development land holdings (EastLake Greens SPA), but a part of the Otay Ranch, would be transferred to the EastLake Development Company in exchange for the 160 acre parcel (Parcel A). This transfer permitted the coordinated development of the Otay Ranch and resulted in a logical development boundary for EastLake. Environmental surveys and analysis have been conducted on the Otay Ranch parcels, including _ the EastLake parcel. Both land swap parcels are included in the Program EIR. Parcel B, which ~ lo-Y Page 5, Item \ 0 Meeting Date l2l /1993 '"1../ l'-i 1'13 is now owned by EastLake, involves only a General Plan Amendment at this time. Table 1 reflects the applicant's proposal and the Staff/Planning Commission recommendations. Applicant's Proposal Proposed residential densities within the Land Swap area would result in a unit total ranging from 670 dwelling units to 1,071. However, development at mid-range would result in a total of 872 units, 65 units more than the current General Plan designations allow for the same area (see Table 1 and Exhibit 6 for map). Staff/Planning Commission Recommendations The Staff/Planning Commission recommended residential densities would result in a unit total ranging from 552 to 924 dwelling units in the Low-Medium and Medium-High Residential designated areas. Development at mid-range would result in a total of 739 units, 68 units less than the current General Plan designation allows for the same area (See Table 1 and Exhibit 7 for map). ~ IO-~ Table 1 EastLake Land Swap GPA Page 6, Item Meeting Date 12/'Z // 10 -, EXISTING GENERAL PLAN Dwelling Units Land Use Designation Acreage Baseline High Low-Medium (3-6 DUlAC) 47 Ac. 141 282 Medium (6-11 DUlAC) 70 Ac. 420 770 Open Space 9 Ac. Circulation (Streets) 14 Ac. Pubic/Quasi-Public 21 Ac. TOTAL 161 Ac. 561 DU 1,052 DU PROPOSED GP AMENDMENT (Applicant's proposal) Low-Medium (3-6 DUlAC) 15 Ac. 45 90 Medium-High (11-18 DUlAC) 29 Ac. 319 522 High (18-27 DUlAC) 17 Ac. 306 459 - Ret. Comm. 52 Ac. Prof. & Admin. 17 Ac. Open Space 14 Ac. Circulation (Streets) 17 Ac. TOTAL 161 Ac. 670 DU 1,071 DU STAFF/PLANNING COMMISSION RECOMMENDA nON Low-Medium (3-6 DUlAC) 19 Ac. 57 114 Medium-High (11-18 DUlAC) 45 Ac. 495 810 Retail Commercial 52 Ac. Prof. & Admin. 17 Ac. Open Space 11 Ac. Circulation (Streets) 17 Ac. TOTAL 161 Ac. 552 DU 924 DU ~ , 0-<.0 - 10 1l.,./I'-4/ 'i~ EASTLAKE GREENS (GPA 93-04) As a result of the land uses proposed on the adjacent Otay Ranch and the need to provide a variety of residential product types within the EastLake Greens community as well as meet affordable housing goals within the community, the EastLake Development Company is proposing density increases on a companion 74 acres within the EastLake Greens. Table 2 reflects the applicant's proposal as well as the Planning Commission and Staff s Recommendations. History As originally proposed and analyzed, the EastLake Greens SPA called for a total unit count of 3,609 dwelling units. In approving the tentative subdivision map for EastLake Greens in 1989, the City Council on an interim basis, reduced the density and unit count of five parcels in EastLake Greens (parcels R-24, R-25, R-26 R-27, and R-28) from High Density Residential (18-27+ du/ac.) to Low-Medium Density Residential with a density of 4.5 du/ac (see Exhibit 8 attached). This action deferred any consideration of future density increases and the provision of an affordable housing agreement for the Greens until after refmement of the Land Use Element pertaining to establishing densities within a designated range. The overall dwelling units were reduced from 3,609 to 2,774, for a total reduction of 835 dwelling units. See discussion of affordable housing under the following ANALYSIS section. Applicant's Proposal Proposed residential densities for the 74 acre area would result in an increase in allowable units from the existing range of 156 to 312 dwelling units in the existing Low-Medium Residential designated areas to a range of 574 to 891 dwelling units in the proposed Low-Medium, Medium-High and High Density Residential designated areas. Development at mid-range would result in a total of 734 units, 500 units more than the current General Plan designations for the same area (see Table 2 and Exhibit 6 for map). Staff and Planning Commission Recommendations Staff is recommending that the proposed residential areas west of the existing 240 ft. wide north/south utility easement, including the EastLake-owned portion of the easement (120 ft. in width) be designated as Medium-High Residential (11-18 du/ac) for the reasons stated in the ANAL YSIS section below. All of the land area located east of the utility easement, including Water District-owned portion of the easement (also 120 ft. in width) is proposed to remain as Low Medium Residential (3-6 du/ac), as presently designated in the General Plan. Although the area located east of the utility easement is designated Low Medium, development projects approved in the EastLake Greens SPA are in the range of 11-18 du/ac immediately adjacent to the easement. ~ 10-1 Page 8, Item Meeting Date 121. Table 2 EastLake Greens GP A EXISTING GENERAL PLAN Dwelling Units Land Use Designation Acreage Baseline Midrange High Low-Medium (3-6 DU/AC) 52 Ac. 156 234 312 Circulation (Streets) 9 Ac. Public/Quasi-Public 13 Ac. - - - TOTAL 74 Ac. 156 DU 234 DU 3 I 2 DU PROPOSED GP AMENDMENT (Applicant's proposal) Low-Medium (3-6 DU/AC) 3 Ac. 9 14 18 Medium-High (11-18 DUlAC) 17 Ac. 187 247 306 High (18-27 DU/AC) 21 Ac. 378 473 .... 567 Open Space 17 Ac. Circulation (Streets) 2 Ac. Public/Quasi-Public 14 Ac. - - - TOTAL 74 Ac. 574 DU 734 DU 891 DU PLANNING COMMISSION RECOMMENDATION Low-Medium (3-6 DU/AC) 3 Ac. 9 14 18 Medium (6-1 I DUlAC) 20 Ac. 120 170 220 Medium-High (11-18 DU/AC) 24 Ac. 264 348 432 Open Space 9 Ac. Circulation (Streets) 2 Ac. Public/Quasi-Public 16 Ac. - - - TOTAL 74 Ac. 393 DU 532 DU 670 DU STAFF RECOMMENDATION Low-Medium (3-6 DU/AC) 3 Ac. 9 14 18 Medium-High (11-18 DU/AC) 44 Ac. 484 638 792 Open Space 9 Ac. Circulation (Streets) 2 Ac. Public/Quasi-Public 16 Ac. - - - TOTAL 74 Ac. 493 DU . 652 DU 810 DU ~ lo-~ 10 - -. - Page 9, Item Meeting Date 12/ 71993 10 I-z...} I ~/t1~ The staff recommendation for the EastLake Greens GP A would result in an increase in allowable density in the 74 acre area from a range of 156 to 312 dwelling units in the existing Low-Medium Residential designated areas to a range of 493 to 810 dwelling units in the Medium-High Residential density residentially designated areas. Development at mid-range would result in a total of 652 units, 418 units more than the current General Plan designations for the same area. The Planning Commission concurs with staff with the exception that the 20 acre Subarea # 1 parcel, located south of EastLake High School, is recommended to be designated as Medium Residential (6-11 dulac). The Planning Commission's recommendation at mid-range would result in a total of 532 units, 298 units more than the current General Plan designations allow at mid-range (See Table 2 and Exhibit 10 for map). Table 3 reflects the composite totals of both the EastLake Land Swap and the EastLake Greens GPA's. Approval of the applicant's proposals at mid-range densities would result in an increase of 562 units over the current General Plan designations. The Staff Recommendations would result in a total increase of 349 units. The Planning Commission recommendations would result in an increase of 229 units. ANALYSIS Rationale for General Plan Amendment The proposed General Plan Amendment and General Development Plan for the Otay Ranch substantially alter the land uses and planning parameters for the land area in the vicinity of EastLake Parkway and Orange Avenue. The EastLake Greens GPA (Sub Area #1 and #2) and the bulk of the Land Swap Parcels, located between Eastlake Parkway and the SR-125 alignment, is within the "activity corridor" along SR-125. The location along a future Express Bus route, the close proximity to a potential regional light rail transit station to the south, the location adjacent to future SR-125, the location near retail services to the north and south, placement adjacent to and access from a major roadway (EastLake Parkway), as well as separation from residential neighborhoods to the east by a major water aqueduct and SDG&E utility easement (240 ft. wide) make the proposed designation of these parcels as higher density residential and freeway-oriented commercial appropriate (see Exhibits 1 through 4). Staff is recommending approval of an alternative to the applicant's proposal that would provide for Medium-High Residential (l ]-18 dulac) densities west of a major north/south utility easement, similar to residential densities within Village Core areas on the Otay Ranch (from 14.5 to ] 8 dulac). No High Density Residential (18-27 dulac) is proposed within any village on the Otay Ranch, and it is envisioned that through density transfers, limited higher density multiple family units could be constructed, thereby providing the ability to provide a balance ~ ~ 1 c- ~ Page 10, Item Meeting Date 12/ ID_ of housing types. Recommended multiple family densities are compatible with the planned intensity of this area and would provide additional opportunities to provide affordable housing. The Medium-High (11-18 dulac) densities recommended for both the EastLake Greens GPA parcels and the Land Swap parcels could result in product types that are consistent with a number of existing and planned townhome condominium developments within the EastLake Greens SPA and thus would be compatible with the remainder of EastLake Greens. Through transfers of density, some areas of EastLake Greens could provide higher densities necessary to provide affordable units while, conversely, averaging the overall densities would result in some lower density duplex or townhome units. Processing of a General Development Plan, SPA Plan and Design Review applications would be required in order to develop the property. The designation of 17 acres located at the southwest quadrant of SR-125 and Telegraph Canyon Road as "Professional and Administrative Office" will result in an appropriate land use surrounded on two sides by a major arterials (Telegraph Canyon Road and SR-125), and on the remaining side by a high voltage power line easement. This easement will also act a buffer between single family dwellings proposed to the west and the ultimate office land use. The designation of 52 acres of "Retail Commercial!t north of East Orange Avenue and between - EastLake Parkway and SR-125, will result in a logical extension of the freeway-oriented commercial designed for immediately to the south within the Otay Ranch and is appropriately located within the "Activity Corridor!t adjacent to SR-125 and EastLake Parkway. Affordable Housing An important consideration in staffs analysis of this proposed GPA is the prOVlSlon of affordable housing opportunities. The City Council included in the Housing Element (updated in 1992), the following policy (Part 3, Section III, Obj. 1, Policy 3), which provides for flexibility in establishing, and in some cases, increasing densities within the Eastern Territories that can provide for affordable housing units. !tIn conjunction with the policy implementation, the City shall evaluate the Land Use Element of the General Plan to determine the extent to which, in warranted cases, increases in density would facilitate the provision of affordable units. As appropriate, the City shall consider amendments to the Land Use Element." As discussed previously, with approval of the EastLake Greens tentative map in 1989, the Council also deferred a condition requiring the developer to provide a low and moderate- income housing program (5% low and 5% moderate) for the EastLake Greens, subject to the approval of the City's housing coordinator. An affordable housing program has not been adopted to date for the EastLake Greens. The applicant's proposed General Plan Amendment .-. would re-designate one of the five parcels, R-26 (which is part of Subarea 1), back to a High- ~ , 0-( 0 Page 11, Item Meeting Date 1 /0 \~/,~jq3 Density Residential General Plan designation. With the proposed density increase staff is recommending that the interim deferral of the housing requirement resulting from the EastLake Greens tentative subdivision map conditions be concluded. The current status for the provision of affordable housing units for the EastLake community, as a whole, is as follows: EastLake I - A total of 19 low-income housing units are still needed to achieve the City's standard of 5% low & 5% medium income units. With the approval of the Kaiser Hospital facility a displacement of 405 high density units occurred, which severely impaired EastLake's ability to provide the 19 low income units within EastLake 1. EastLake II (EastLake Greens) - A total of 139 low-income and 139 moderate-income units would be required to achieve compliance, based on the SPA approval of 2,774 units. (EastLake Trails) - A total of 63 low-income and 63 moderate-income units would be required for this portion of the EastLake community. A total of 1,260 units are planned to be built within the Trails project. EastLake III - A total of 89 low-income and 89 moderate-income units need to be provided within this portion of the EastLake community. A total of 260 medium density and 506 medium-high density units are planned to be built within EastLake III, providing increased opportunities for providing affordable housing. EastLake IV - This area consists of 160 acres which has been exchanged for the Land Swap parcels, and currently is included as part of the Otay Ranch General Development Plan and is no longer owned by the EastLake Development Company. With the approval of the staff recommended GP A alternative the Greens would be required to provide a total of 160 low-income and 160 moderate-income units. The staff recommended Land Swap units would require an additional 37 low-income units and an additional 37 low- income units. Therefore, the total increase of required affordable housing units for the two General Plan Amendment areas would be 197 low-income units and 197 moderate-income units. Staff intends to request that the developer provide an affordable housing implementation program for the entire EastLake community, including the Land Swap parcels, which would outline the phasing and location of anticipated affordable housing units. It is anticipated that this program be submitted and approved prior to the approval of any final subdivision maps and/or prior to approval of future General Development Plans within EastLake. ~ 'O-it Page 12, Item Meeting Date 12/ 10 - FISCAL IMP ACT: A preliminary Fiscal Impact Study has been prepared by the Economic Strategies Group for the EastLake Development Company. The study analyzes the impacts anticipated for both the Land Swap and Greens GP A areas, for both the existing land use designations and the proposed designations. Although a General Development Plan and SPA Plan will be filed as subsequent actions on the subject properties, assumptions as to product type, development phasing, service agencies, etc. have been made for purposes of the study. Based on the preliminary study, the net cumulative impact to the City's General Fund for both proposals is anticipated to be a positive $3,466,092 over a 15 year time period. Development phasing (assuming the adoption of subsequent development approvals) will result in a $34,547 (positive) impact in the first year to a positive $385,150 in year 15. If developed under the current General Plan designations, the 15 year net cumulative balance would amount to a negative $832,205. See the attached Fiscal Impact Tables (Fig. 1 & 2) for a summary of impacts between existing General Plan designations and proposed. A copy of the complete preliminary Fiscal Impact Study will be forwarded to Council under separate cover. - "........ ~ '0"/2.. Table 3 Combined EastLake Land Swap/EastLake Greens GP A's EXISTING GENERAL PLAN Dwelling Units Land Use Designation Acreage Baseline Midrange High Low-Medium (3-6 DU/AC) 99 Ac. 297 ..... 594 Medium (6-11 DU/AC) 70 Ac. 420 ... 770 Open Space 9 Ac. .. Circulation (Streets) 23 Ac. Public/Quasi-Public 34 Ac. - - - TOTAL 235 Ac. 717 DU 1,041 DU 1,364 DU PROPOSED GP AMENDMENT (Applicant's proposal) Low-Medium (3-6 DU/AC) 18 Ac. 54 81 108 Medium-High (11-18 DU/ AC) 46 Ac. 506 667 828 High (18-27 DU/AC) 38 Ac. 684 855 1,026 Retail Commercial 52 Ac. Prof. & Admin. 17 Ac. Open Space 31 Ac. Circulation (Streets) 19 Ac. Public/Quasi-Public 14 Ac. - - - TOTAL 235 Ac. 1,244 DU 1,603 DU 1,962 DU PLANNING COMMISSION RECOMMENDATION Low-Medium (3-6 DU/AC) 22 Ac. 66 99 132 Medium (6-11 DU/AC) 20 Ac. 120 170 220 Medium-High (11-18 DUlAC) 69 Ac. 759 1,001 1,242 Retail Commercial 52 Ac. Prof. & Admin. 17 Ac. Open Space 20 Ac. Circulation (Streets) 19 Ac. Public/Quasi-Public 16 Ac. - - - TOTAL 235 Ac. 945 DU 1,270 DU 1,594 DU STAFF RECOMMENDATION Low-Medium (3-6 DUlAC) 22 Ac. 66 99 132 Medium-High (11-18 DU/AC) 89 Ac. 979 1,291 1,602 Retail Commercial 52 Ac. Prof. & Admin. 17 Ac. I... Open Space 20 Ac. Circulation (Streets) 19 Ac. Public/Quasi-Public 16 Ac. - - - TOTAL 235 Ac. 1,045 DU 1,390 DU 1,734 DU ~ 10-/3 LIST OF ATTACHMENTS --- LETTER RECEIVED FROM PROPERTY OWNER CHRONOLOGY OF EVENTS AFFECTING EASTLAKE GREENS PLANNING COMMISSION MINUTES: . · March 3, 1993 hearing (EastLake Greens GP A) · May 12, 1993 hearing (Combined Land Swap and Greens GPA's) · May 26, 1993 hearing (EastLake Greens GPA) RESOURCE CONSERVATION COMMISSION MINUTES: · February 15, 1993 meeting (Otay Ranch FPEIR, which includes EastLake Land Swap) · March 1, 1993 meeting (Otay Ranch FPEIR, which includes EastLake Land Swap) · May 22, 1989 meeting (EastLake Greens EIR) PLANNING COMMISSION RECOMMENDING RESOLUTIONS: . Planning Commission Resolution and Draft City Council Resolution for GP A-92-03 (Otay Ranch Project) Planning Commission Resolution and Draft City Council Resolution for GP A-93-04 .. (EastLake Greens GPA) -, . DRAFT CITY COUNCIL RESOLUTIONS · Draft City Council Resolution for GP A-92-03 (Otay Ranch Project) · Draft City Council Resolution for GPA-93-04 (EastLake Greens GPA) ENVIRONMENTAL DOCUMENTS FOR THE EASTLAKE LAND SWAP GP A (GP A-92- 03) · CEQA Findings & Statement of Overriding Considerations (not included in packet) · Mitigation Monitoring and Reporting Program (not included in packet) ENVIRONMENTAL DOCUMENTS FOR THE EASTLAKE GREENS GPA (GPA-93-04) · EIR-86-4 (EastLake Greens SPA) · Addendum to EIR-86-04 · CEQA Findings · Statement of Overriding Considerations · Mitigation Monitoring and Reporting Program ..- FISCAL IMPACT TABLES ~ '74 - / /D-I'-1 July, 1989 July, 1989 July, 1989 February, 1990 October, 1991 May, 1992 CHRONOLOGY OF EVENTS EFFECTING EASTLAKE GREENS City General Plan Update EastLake II General Development Plan adopted (expansion of EastLake I). This area includes the Greens & Trails SPA's, totalling 4,034 units. EastLake Greens SPA & Tentative Subdivision Map approved, totalling 2,774 units (this included reduction of 835 units from 5 lots and deferral of affordable housing program; any consideration of increased densities to occur after General Plan density policies revised and should include affordable housing program consideration). Revised General Plan density policies adopted. Rezone of 2 lots within EastLake Greens from Residential Planned Concept to Residential Single Family (no increase in units). Transfer of 69 units within EastLake Greens to areas R-24 & R-25 approved. Transfer resulted in change from 4.5 duJac to 10 duJac (units transferred from areas R-2, R-8, R-9, R-13, R-17 & R-19) with no increase in Greens unit total. ~ IO-l'4-1 MINUTES OF A SCHEDULED REGULAR MEETING - ae.ource CoD.erYation eo..i..ion Cbala Vbta. California 5:30 p.m. Monday, May 22. 1989 Conference loom 1 Public Services Building CALL MEETING TO ORDER/ROLL CALL: Meetin: vas called to order at 5 :39 p.m. by Chairman Rowe. City Staff Environmental leview Coordinator Doug leid called roll. Present: Chairman Rowe; Commissioners Fox. Stevens and Ray. Absent: Waller. Also present vere Barbara Ball and Frank Chidester. It vas MSP (Fox/lay) to move the meeting time to 6:00 p.m., beginning vith the next regularly scheduled meeting of June 12, 1989. APPROVAL OF MINUTES: The minutes of April 24, 1989 vere approved. NEW BUSINESS: 1. It vas MSP (Stevens/Ray) to nominate Bob Fox as vice-chairman. 2. Commissioner Jim Stevens presented a report on the Eastlake Greens & Trails EIR. After a lengthy presentation and discussion, it vas determined that as the Master EIR is five years old, it makes the Eastlake EIR insufficient as to its findings. Too many changes have taken place on the Master Plan and the range of alternatives were not adequately dealt vith. It vas MSP (Stevens/Fox) that the EIR is inadequate as presented. -., It vas further moved and seconded (Rowe/Stevens): "Based on the Commission's independent understanding of the requirements of CEQA, and because of the lapse of time between the preparation of the Eastlake Master EIR and the Eastlake Greens SPA Draft Supplemental EIR (Case No. EIR 86-4), and in light of the changes which have taken place in the region, the RCC is of the opinion that said Eastlake Greens SPA Draft Supplemental EIR is inadequate in the following respect: (a) The document fails to give adequate consideration to the projects cumulative impact on: (1) transportation and circulation; (2) .ewer services; (3) refuse disposal; (4) vater availability (b) The document fail. to describe a range of reasonable alternatives to the project that could feasibly attain the project.. objectives and fail. to evaluate the comparative merits of each alternative." Motion carried. ......., Commissioner Stevens viII attend the Planning Commission meeting to present the lCC.. po.ition on this issue. -102 / ,;/ .;L- 10-''"--1-2. . lesource Conservation Commission Page 2 3. A Teport on the Trolley Commercial ElR-89-4M, was presented by Bob Fox. The EIR was considered adequate, but inadequately addressed the alternatives. It was MSP (Fox/Stevens) to adopt the ElR as presented. A recommendation .hould be made to the Planning Commission to address the problem of the Orange Ave./Palamar St. intersection. It was MSP (Fox/lay) to recommend a third alternative to the Planning Commiuion, to Teduce project exclusion of four Testaurant pads and inclusion of financial institution. 4. It was MSP (lay/Fox) that Commissioner Fox would present the General Plan position of lesource Conservation Commission at the Planning commission on May 31. 5. Items for the Planning Commission Agenda for the meeting of May 24, 1989 were reviewed with no action taken by RCC. ADJOURNMENT: Meeting was adjourned by Chairman Rowe at 7 :08 p.m. to the Regular Business Meeting of June 12, 1989 at 6:00 p.m. Respectfully submitted, EXPRESS SECRETARIAL SERVICES Barbara Taylor ~ ll""\ - 1'4-3 ~, FISCAL IMPACT TABLES Figures 1 & 2 - .......... /.2-11--JJ ~ . ( -- IO-I~-"'" # g '.. ... ~ ~ '" 110 ~ r- ~.. ,... ,.. M .. ~ .... ~ .".., ~ - OQ ~ N I"" ~ ""'Oo' l"- f! ~., ()o. ,... PI ... ('"l N (I', '" ~ ~~g~~~~~t:~' cf1ii~ ~ ~:;;V)~~~~~~~~~ ~ !~ ~~~~~~~""'~~~~~~~ t. ..... C1 ~ ~ ~~Oo ~ CJ ~ Ii"L It\ "i Ifl "l V) - . ~ ae '\Cl~-n~oot ,...g...-..,,---- ~ (I) ~ ~~~~a ~2i~iiiii ] r3 I .. ., ~ J ~~~~U.~fi~~~~~U ~ ~~~g~m~:1~~~5~~~ ""Mtlttlttl'!-M"~ ~ , I I l.lJ ~ i I€!: ~I~~:l~ i~&'~~ ~ ~ ~.~. ~ .ltiQ.. .~~.... $:NOO &i~~"la' at; ,... ~ ~u j ~~B ~~ Q ~ t! ~ i ; : $ 8 ~ ~ ~ i S 8 ~ 8 ~ ~ g .~ g ~ ..,' ~ 0 ....s V'i f'\ N N N N N N ('i ~ rot M ~ ... ~ ! "'" "'" "'" on on on ,,\ VI "'" g ] c.;.;~~~ ~~~~~~a:l:l ~ ~~ ! I ~~..., ~ ~ 8 ~ 0. ~~ N ~ t 2 ~ ~ ..~ ~ ~ ~ s; . 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NF..l folSCAL BA1.ANCE COMPAR.F.D TO HXJSllNO OEN.E.RAL PtA.~ t CJ'IY OF CHUlA VISTA 1993 DOU.ARS j _-.J I i I .Y~~L__ _.._.~.H~ ~~~~._ I , ._...... - -. -_. -.-.-.- .---".....-- ..,.#,.......-..-....---.~.."...... .-.. ...-.'_.' ...... ... CC/!flhil1ed Eail~~t~~~. $.~~P_ . .... _..~~~~~CI~~i~~~ 1 ($2J, J40) $41,091 $1~,9.s1 1 ($50,76J) $64,247 $13,98~ 3 ($6~,~9S) $110.581 $41.981 4 ($74.211) $165,179 $90,909 S ($7S,6S~) $229.983 1151.328 6 ($76.368) $290.732 S1J4,164 I 7 ($77,814) 5333.015 $1SS,191 8 ($18.452) $393,'270 $314,8J8 9 ($19,065) $472.342 $3~j,277 10 ($79.663) $~.50.~1,6 $170.6R3 It ($80,24 "I) $549,161 $4~8.914 ~\ 12 ($80,8 J7j $548.004 $167.187 13 ($8J.313) $$46.986 $16'.613 14 ($81.916) S~,J01 $464,185 I~ ($82,447) SS4S.346 $l62,899 ! "ot<11: ($J .088,09.\) $5,186.392 $4.?98.298 I I 4Ia ..-. _._~- .. ... .....__.._...-.._ ......~ r. .......--..._.,~.... ..-..-......,.. Sourci(: Economic St'i\l~git.$ Group. 199), , ' ! -. ~ /'7J....z:, -; 10- l'-f-~ ., ,. , - Residents of EastLake Greens Chula Vista City Council Chula Vista City Clerk's Office Chula Vista, CA 91910 This petition is written in regards to the notice of public hearing held by the City Council of Chula Vista, CA, for the purpose of eonsidering and application for a General Plan Amendment proposed by the EastLake Development Company for the EastLake Greens community, case no. GPA-93-Q4 & GPA-92-D3 dated November 3, 1993. The undersigned residents of the EastLake Greens community are vehemently opposed to the proposed amendment which considerably increases dwelling concentrations in the area, while reducing circulation streets. While the proposed amendment does increase acres of open space and public/quasi-public land, the quality of life in the community is directly threatened by the proposed 21 acres increase of high residential (18-27 dwelling units per acre) which almost triples total dwellings allowed on the 74 acres from 312 to 891. Further, the lower cost housing will degrade both property values of present residents and contribute to higher crime and a far less safe community for our families. Name Signature Atfrfr~"'- - '1 I ol. 7.,1 f ~......, '''" - - -- 1',- 1" ~O-I.5 - Name Signature ....................... " C)(j -- ::--11 -. ~'o~l~ I te..tn 11 NOl'ember 12. 1993 The Honorable Mayor Time Nader and City Council of Chula Vista City Hall 276 Fourth Avenue Chula "ista, CA 91910 Subject: Case No. GPA-93-04 and GPA-92-03 The Honorable Mayor Tim Nader and Esteemed Members of the City Council: Recently 1 received in the mail the Notice of Public Hearing by the City Council of Chula Vista regarding Amendments to the General Plan currently proposed. I am astounded at the proposal offered and I implore you not tog 0 f 0 n,' a r d k'i t h the 5 e p 1 a n s . A s are sid e n t 0 f Fa irk' a y Rid g e for the past year. I have already become disillusioned by the devaluation of the dream home mv husband and I inl'ested our life's sa\.ings in. As a resident of Eastlake Greens, I know the value of our home has gone do~n severely since the modifications ~ere made to the model homes and rest of the homes to be completed in our project. The homes are now being sold at a much lower cost than ~e paid and the value continues to go down. We were fortunate to purchase a substantial lot ~ith an excellent view only to learn that we may soon be looking across the fairway at apartment houses and even retail stores. I've lived in San Diego County for eleven years. I've lived in numerous locations and frankly if what you're proposing is not unlike the neighborhoods J chose to move away from. J understand the need for retail businesses, but I specifically chose to live where I do in order to avoid the traffic associated with these businesses. The traffic on Otay Lakes Road already has the potential for severe congestion due to morning commuter traffic to East Lake High School and Southwestern College. The proposed 125 would have alleviated much of my commute, but I understand this will be in litigation for many years to come. With the density of population proposed for these other residences, the traffic congestion will be phenomenal. Already neighbors have been unable to enroll their children In local schools because of overcrowding. We too looked forward to bringing up our child in a new neighborhood with a new school. The hope for this seems very little at this time. ~ I 0- \" - - 2 - We've worked very very hard to earn the savings we used to purchase this home. I have personally worked a tremendous amount of overtime and sacrificed a great deal during the past seven years in order to make my dream a reality. We seriously shopped for a home for two years before we decided to move to Eastlake Greens. We considered moving to North County in order to escape the population growth of the South Bay, but decided to stay because it is our home and it is our culture. It's very unfortunate that the city of Chula Vista is unable to fulfill its original proposal of plans. It is my hope that we can find a happy medium in order to make this master planned community a pleasant reality and not a devastating nightmare. Yours Truly, ~/--~,/V~.:?,~ _/ ( . -.-J. ''(J''~';: J / // fA ~ 7' L.-<. ':.c2 ?, Ruth Ellen Sutehall - .- ~ I 0- \ ~ Ite.n"\ 1 t November 11, 1993 The Mayor Tim Nader and City Council of Chula vista City Hall 276 Fourth Avenue Chula vista, CA 91910 Subject: Case No. GPA-93-04 & GPA-92-03 The Honorable Mayor Tim Nader and Esteemed Members of the City council, I petition you on behalf of the concerned homeowners of the Eastlake Greens who do not wish to see the Amendments to the General Plan go through as proposed. We have numerous issues with the plan as presented which are outlined below. 1. As existing homeowners in the Eastlake Greens we purchased our homes in the community based upon the plan presented to us. That plan, the one presently in place, is drastically different from the one now proposed. Many of us would have elected to buy homes somewhere else were this new plan revealed to us at the time of purchase. We feel that the Eastlake Development company has a Legal, Moral, and Ethical obligation to hold true to their original plan. We believe that the City of Chula vista shares in this responsibility and would be violating the public trust by now allowing such a sweeping change take place in this master planned community. The City of Chula Vista will clearly be breaking the public trust in the event these amendments are approved. 2. We do not believe that the revised EIR fully takes into consideration the entire impact of a these amendments to the plan. As presently proposed these plans will more than triple the number of families residing on this property. In addition Commercial Retail and Office Space is being created further adding to the traffic and congestion. These changes will drastically increase the amount of air pollution generated in the area daily. There will be an associated increase from vehicles used in service and delivery work to support the retail and commercial properties. We do not believe that these items have been adequately defined and addressed. 3.. There will be additional pollution form chemical, oil, and other toxic leaks/spills as part of the normal course of business in the retail and commercial world. IE. Dry Cleaners, Delivery Vehicles, Service stations, Leaky pipes/Fittings etc. Trash and residue from fast food places and other establishments. y-1J \0- 1'1 4. The more than tripling the population base will mean a sizeable burden will be placed on the infrastructure. Sewers, water, utilities, communication, hospitals, schools, etc. will need to be enlarged, increased, or added. ~; Who will pay for this? Certainly not those of us already living here under a different Master Plan. . And what about the damage on the environment each of these additions will create? Are these factored into the EIR? Not hardly! 5. The issue of schools has been quite a sore spot in this community and we do not see where this plan makes any moves to improve the situation. The Eastlake Development Company and City of Chula Vista seem unable to move the School Districts to provide the necessary facilities for the current residents of Eastlake Greens. Now you want to radically increase the population density with no guarantees of a new Elementary and Middle School. with the new proposed density we are going to need at least two Elementary Schools and quite likely a larger middle school. Where are the plans for these facilities? Who will pay for them? Who will bet their career on them being built within the next two years? 6. Traffic. How are you going to deal with the increase in people using Telegraph canyon and otay Lakes Road every morning to go to work? The back-up to get on the 805 will become ten minutes long. The likelihood of accidents as people try to cut through the Vons parking lot to avoid the delay will increase exponentially. ~- What about the delay at each of the existing traffic lights? How many new ones will you have to put on otay Lakes Road to accommodate this plan? Who will pay for them? How many people will become outraged at the inconvenience these lights will become and the delays caused in their commute times? 7. And what about our children? Did we really buy our homes out here in order that our children could be run over by speeding commuters late to work? Do we want them subjected to the whims of traffic as they dodge cars on their way home from school? Do we want them hanging out at a mall or Shopping center just across the fairway from their house? We don't think so. We are not unreasonable people. We understand that the economy has changed and there may be a market for smaller less costly homes but we do not want to toss out all that is good with Eastlake and Chula Vista for a short term gain in sales. Furthermore there are clear signals at the National and Local level that the economy is improving. This change may miss the market and leave Eastlake and Chula Vista farther behind. ........... .)-a: - ~U 10-20 Clearly the original plan had some room for additional homes. We are not saying that no increase is the only acceptable answer. Let us try to work toward a proposal that limits the total increase to approximately ten percent. Proposed GPA Low-Medium 30 Acres Medium-High 12 Acres High 0 Acres Open Space 15 Acres Circulation st. 7 Acres Public/Quasi 11 Acres Total 74 Acres Proposed GPA Low-Medium 35 Acres Medium 60 Acres Medium-High 15 Acres High 15 Acres Proff.& Admin 0 Acres Comm. Retail 0 Acres Open Space 11 Acres Circulation st. 15 Acres Public/Quasi 10 Acres Total 161 Acres We ask that you do not accept this plan as presented. We would like to work with Bob Santos and his team to reach a community consensus on any changes to the Master Plan and present the new Amendments to the city of Chula vista with the support of all community members. Thank-you for your time and consideration. Best regards, t~~&J~ /257- HAl- F MOON €}Ay' t)R. c. H u J..A \l1 E/,i A / C A cc: Bob Santos, Eastlake Development Company 9/915 ~ \0-2-' ~// November 11, 1993 RECEIVED .- The Mayor Tim Nader and City Council of Chula vista City Hall 276 Fourth Avenue Chula vista, CA 91910 Subject: Case No. GPA-93-04 & GPA-92-03 l.h~_ '93 t{JV 15 P2:23 CITY OF CI iL~t '/IS T A CITY CLER~; '\ OF tiC ~ The Honorable Mayor Tim Nader and Esteemed Members of the City Council, I petition you on behalf of the concerned homeowners of the Eastlake Greens who do not wish to see the Amendments to the General Plan go through as proposed. We have numerous issues with the plan as presented which are outlined below. 1. As existing homeowners in the Eastlake Greens we purchased our homes in the community based upon the plan presented to us. That plan, the one presently in place, is drastically different from the one now proposed. Many of us would have elected to buy homes somewhere else were this new plan revealed to us at the time of purchase. We feel that the Eastlake Development company has a Legal, Moral, and Ethical obligation to hold true to their original plan. We believe that the City of Chula Vista shares in this responsibility and would be violating the public trust by now allowing such a sweeping change take place in this master planned community. The City of Chula Vista will clearly be breaking the public trust in the event these amendments are approved. ,- 2. We do not believe that the revised EIR fully takes into consideration the entire impact of a these amendments to the plan. As presently proposed these plans will more than triple the number of families residing on this property. In addition Commercial Retail and Office Space is being created further adding to the traffic and congestion. These changes will drastically increase the amount of air pollution generated in the area daily. There will be an associated increase from vehicles used in service and delivery work to support the retail and commercial properties. We do not believe that these items have,been adequately defined and addressed. 3. There will be additional pollution form chemical, oil, and other toxic leaks/spills as part of the normal course of business in the retail and commercial world. IE. Dry Cleaners, Delivery Vehicles, Service Stations, Leaky Pipes/Fittings etc. Trash and residue from fast food places and other establishments. .- ~ 10-"22. 4. The more than tripling the population base will mean a sizeable burden will be placed on the infrastructure. Sewers, water, utilities, communication, hospitals, schools, etc. will need to be enlarged, increased, or added. Who will pay for this? Certainly not those of us already living here under a different Master Plan. And what about the damage on the environment each of these additions will create? Are these factored into the EIR? Not hardly! 5. The issue of schools has been quite a sore spot in this community and we do not see where this plan makes any moves to improve the situation. The Eastlake Development Company and City of Chula vista seem unable to move the School Districts to provide the necessary facilities for the current residents of Eastlake Greens. Now you want to radically increase the population density with no guarantees of a new Elementary and Middle School. with the new proposed density we are going to need at least two Elementary Schools and quite likely a larger middle school. Where are the plans for these facilities? Who will pay for them? Who will bet their career on them being built within the next two years? 6. Traffic. How are you going to deal with the increase in people using Telegraph canyon and otay Lakes Road every morning to go to work? The back-up to get on the 805 will become ten minutes long. The likelihood of accidents as people try to cut through the Vons parking lot to avoid the delay will increase exponentially. What about the delay at each of the existing traffic lights? How many new ones will you have to put on otay Lakes Road to accommodate this plan? Who will pay for them? How many people will become outraged at the inconvenience these lights will become and the delays caused in their commute times? 7. And what about our children? Did we really buy our homes out here in order that our children could be run over by speeding commuters late to work? Do we want them subjected to the whims of traffic as they dodge cars on their way home from school? Do we want them hanging out at a mall or shopping center just across the fairway from their house? We don't think so. We are not unreasonable people. We understand that the economy has changed and there may be a market for smaller less costly homes but we do not want to toss out all that is good with Eastlake and Chula vista for a short term gain in sales. Furthermore there are clear signals at the National and Local level that the economy is improving. This change may miss the market and leave Eastlake and Chula vista farther behind. -12 ~] lo..2-~ clearly the original plan had some room for additional homes. We ~ are not saying that no increase is the only acceptable answer. Let us try to work toward a proposal that limits the total increase to approximately ten percent. Proposed GPA Low-Medium 30 Acres Medium-High 12 Acres High 0 Acres Open Space 15 Acres Circulation st. 7 Acres Public/Quasi 11 Acres Total 74 Acres Proposed GPA Low-Medium 35 Acres Medium 60 Acres Medium-High 15 Acres High 15 Acres Proff.& Admin 0 Acres Comm. Retail 0 Acres Open Space 11 Acres Circulation st. 15 Acres -- Public/Quasi 10 Acres Total 161 Acres We ask that you do not accept this plan as presented. We would like to work with Bob Santos and his team to reach a community consensus on any changes to the Master Plan and present the new Amendments to the City of Chula vista with the support of all community members. Thank-you for your time and consideration. It is indeed unfortunate that I must be out of town at the time of this hearing. I am asking other members of the Greens to attend and voice their concerns to you directly. Best regards, ~O;jl ~/~ Jack P chet 1213 Half Moon Bay Drive Chu1a Vista, CA 91915 619-656-1465 -, cc: Bob Santos, Eastlake Development Company >> ';17,4- Ie - 2. ~ NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF CHUlA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL of Cbula Vista, California, for the purpose of considering an application for a General Plan Amendment proposed by the EastLake Development Company for the EastLake Greens community. The General Plan Amendment consists of an amendment to approximately 74 acres within EastLake Greens, which consists of two triangular parcels, one south of EastLake High School, the second soutb and east of the current terminus of EastLake Parkway. This amendment would result in the following changes: Low-Medium Residential (3-6 dwelJ.iug uillts per acre) Medium-High Residential (11-18 dwelling units per acre) High Residential (18-27 dwelling units per acre) Open Space Circulation Streets Public/Quasi-Public Total Existing General Plan *I' 9 52 aCt eii o acres o acres o acres 9 acres 13 acres 74 acres Proposed GPA 3 acres 17 acres 21 acres 17 acres 2 acres 14 acres 74 acres An Addendum to Environmental Impact Report EIR-86-04, EastLake Greens SPA, studying possible environmental impacts, bas been prepared by the Environmental Coordinator and is available for public review. NOTICE IS ALSO HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL for an application for a General Plan Amendment for approximately 161 acres, located generally, soutb of tbe terminus of EastLake Parkway. This amendment, known as the "EastLake Land Swap" portion of tbe Otay Ranch General Plan Amendment would result in the following changes: Low-Medium Residential (3-6 dwelling units per acre) Medium Residential (6-11 dwelling units per acre) Medium-High Residential (11-18 dwelling units per acre) High Residential (18-27 + dwelling units per acre) Professional & Administrative Commercial Retail Open Space Circulation Streets Public/Quasi-Public Total Total Existing General Plan I ~/:, 47 acres 70 acres o acres o acres o acres o acres 9 acres 14 acres 21 acres 161 acres Proposed GPA 15 acres o acres 29 acres 17 acres 17 acres 52 acres 14 acres 17 acres o acres 161 acres Program Environmental Impact Report PEIR-90-1. Otay Ranch Project. bas been prepared. which analyzes the potential environmental impacts of the proposed General Plan Amendment. A more detailed description of the proposed amendments are on file in the office of the Planning Department, 276 Fourth Avenue, Chula VISta, CA 91910. If you have any questions regarding this matter, please contad Duane Bazzel at 691-5101. wPc F:\home\planning\ustJph.ntc -J-d. ;2~ \ 0 - 2-5 Any petitions to be submitted to the City Council must be received by the City Clerk's office no later than noon of the hearing date. -. If you wish to challenge the City's action on these matters in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to the public hearing. SAID PUBLIC HE~G Wll..L BE HELD BY 1HE COUNCll.. on Tuesday, November 16, at 6:00 p.m. in the Council Chambers,' Public Services Building, 27~ Fourth Avenue, at which time any person desiring to be heard may appear. DATED: CASE NO.: .. November 3, 1993 GPA-93-04 & GPA-92-03 COMPLIANCE \VIm AMERlCANS WITII DISABll..ITIES ACT (ADA) The City of Chula Vista, in complying with the American With Disabilities Act, requests individuals who require special accommodation to access, attend and/or participate in a City meeting, activity or service request such accommodation at least 48 hours in advance for meetings and 5 days for scheduled services and activities. Please contact Nancy Ripley for information or your request at (619) 691.510 1. California Relay Service is available for the hearing impaired. ....: 4 -- ~ ,. ~.. '. . --- OTAY RANCH \1 NORm w ~ EASTIAKE lAND SWAP (GPA-92-03) . 161 ACRES . ~ , 0- 2.. <- _. $- " < 'hJ- . ., -.;... ,I'~'" .....' ., ;,.AI' 'L ''''' - ''1(" r~/ :., ......~. ,.' 'l\.!. 1 . it ' /../ :;; .... . ~-) .~. . ....... ..-:-.. '" ; ,:.,... _; I'" '. ~ '~......... I. ~..~ .' 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I ~ljil)Hihll Jill !~I~it ~ , 3 o (~'1 A.. .....' I ~2 "loWS ~ 10- ~ ~ , " I II: - ~ tll A- D. tll ~ ~ "= c: ft ~ ~ :! i ~ . ...---. 1 >>- .... - ----- ~ ......- ~EJcn ~ _, &.wz- ...., 1M ..... ...,..,.. .-. ...-.-- ---------.. . .- ~. -' . ~. ;;;;e;~F /.~ ,;~~ ~ . ~ EASTlAKE GREENS SPA . --- -. . ... . .J..;2 - :J 71 -. .-.. " -.-. - 10- 3~ EXHIBIT 9 r-..--..-..- ~, c:::.~€, .. L ~ " General Development Plan AESIOEp..,,'T1AL MU. lJlICIloel IDIIlS Q.lIIJ; ~S . . ~- ,., , ~~ ", I \ . . ~ 'L.-- Sd ~ ... '133 \ \ \ III I....,.. 13" ,. " ,ne l'O . . 0.... ~ '20 ! ,,- '1 'lte ~ r:;::.. . II' '1- 2' - '1'2 . \ "'-'- '021 , '13' . . fOIl- RESOENTiAl. \ . . l.M'C .. ~S \ ~ t ..... ... .......... t~ -.-.a 121 . --..."". t:::E:: ....r::r a , ~2 · I.I'IWc~'~ . 0 ClIIr IIIlIoCoI '13 0 ~~/~ '03 ~ ~.,.".. .~ 1M' s: ..... er__ 2" . ....T~ ....2 [EJ '-An lIW -!.!! ..... ,. IOII'ee tp.I .. .---- ~ EASTLAKE A fVJooND CCMd,JNITY '" WTWE 0EVE~N1 CO ~ . ~- 5.5 (!J Cirn.!,. ~ .~ .... ) ,. .. - . . . z :z · ~oo <ro ti) E= c==~ < '(Qbi ~ .o~ ==== u ::E ~~~ 6z8 ~!= . @~ ~ ~ ~ :I: 5 e 2 ~ B ~ P~.. ~. ,~~ '/ ~.. r; ~.. :;;-- / . ~.::.~~.~...~~.,....,.. 1\\ I \ ' I " \) \ \ \ \ \ \, \ ~ \3 ~ , \! I ~l . ~ ~ ~ ~ ~ ~ ~ - V ~ ......_~ '~~Cl:)_ ~~ ~~ j 'e ~~~ I jjjj ~l!i~] EXHIBIT 10 - ~ ~ ~ ~~ (!) ;..' (f) r::: (1) ~~ (!)~ (.) Q)ctS ':'::q- .51' ..- VJ ct1 W - ~ ~,3?- lo-~~ LIST OF ATTACHMENTS LETTER RECEIVED FROM PROPERTY OWNER CHRONOLOGY OF EVENTS AFFECTING EASTLAKE GREENS PLANNING COMMISSION MINUTES: . March 3, 1993 hearing (EastLake Greens GP A) . May 12, 1993 hearing (Combined Land Swap and Greens GPA's) . May 26, 1993 hearing (EastLake Greens GP A) RESOURCE CONSERVATION COMMISSION MINUTES: . February 15, 1993 meeting (Otay Ranch FPEIR, which includes EastLake Land Swap) . March 1, 1993 meeting (Otay Ranch FPEIR, which includes EastLake Land Swap) . May 22, 1989 meeting (EastLake Greens EIR) PLANNING COMMISSION RECOMMENDING RESOLUTIONS: . Planning Commission Resolution and Draft City Council Resolution for GP A-92-03 (Otay Ranch Project) . Planning Commission Resolution and Draft City Council Resolution for GP A-93-04 (EastLake Greens GP A) DRAFT CITY COUNCIL RESOLUTIONS . Draft City Council Resolution for GP A-92-03 (Otay Ranch Project) . Draft City Council Resolution for GP A-93-04 (EastLake Greens GP A) ENVIRONMENTAL DOCUMENTS FOR THE EASTLAKE LAND SWAP GP A (GP A-92- 03) . CEQA Findings & Statement of Overriding Considerations (not included in packet) . Mitigation Monitoring and Reporting Program (not included in packet) ENVIRONMENTAL DOCUMENTS FOR THE EASTLAKE GREENS GPA (GPA-93-04) . EIR-86-4 (EastLake Greens SPA) . Addendum to EIR-86-04 · CEQA Findings . Statement of Overriding Considerations . Mitigation Monitoring and Reporting Program FISCAL IMPACT TABLES . ~ July, 1989 July, 1989 July, 1989 February, 1990 October, 1991 May, 1992 - CHRONOLOGY OF EVENTS EFFECTING EASTLAKE GREENS City General Plan Update EastLake II General Development Plan adopted (expansion of FastLake I). This area includes the Greens & Trails SPA's, totalling 4,034 units. EastLake Greens SPA & Tentative Subdivision Map approved, totalling 2,774 units (this included reduction of 835 units from 5 lots and deferral of affordable housing program; any consideration of increased densities to occur after General Plan density policies revised and should include affordable housing program consideration). Revised General Plan density policies adopted. Rezone of 2 lots within EastLake Greens from Residential Planned Concept to Residential Single Family (no increase in units). Transfer of 69 units within EastLake Greens to areas R-24 & R-25 approved. Transfer resulted in change from 4.5 dulac to 10 dulac (units transferred from areas R-2, R-8, R-9, R-13, R-17 & R-19) with no increase in Greens unit total. ~ . ..-.... ~ 10- ~8' MINUTE S OF A SCHEDULED REGULAR MEETING aesource CoDse~tiOD eo..issiOD Cbala Viata, California 5:30 p.m. Monday, May 22, 1989 Conference Room 1 Public Services Building CALL MEETING TO ORDER/ROLL CALL: Meetin: vas called to order at 5:39 p.m. by Chairman Rowe. City Staff Environmental Review Coordinator Doug Reid called roll. Present: Chairman Rowe; Commissioners Fox, Stevens and Ray. Absent: Waller. Also present vere Barbara Ball and Frank Chidester. It vas MSP (Fox/Ray) to move the meeting time to 6:00 p.m., beginning vith the next regularly scheduled meeting of June 12, 1989. APPROVAL OF MINUTES: The minutes of April 24, 1989 vere approved. NEW BUSINESS: 1. It was MSP (Stevens/Ray) to nominate Bob Fox as vice-chairman. 2. Commissioner Jim Stevens presented a report on the Eastlake Greens & Trails EIR. After a lengthy presentation and discussion, it was determined that as the Master EIR is five years old, it makes the Eastlake EIR insufficient as to its findings. Too many changes have taken place on the Master Plan and the range of alternatives were not adequately dealt with. It was MSP (Stevens/Fox) that the EIR is inadequate as p'~esented. It was further moved and seconded (Rowe/Stevens): "Based on the Commission's independent understanding of the requirements of CEQA, and because of the lapse of time between the preparation of the Eastlake Master EIR and the East lake Greens SPA Draft Supplemental EIR (Case No. EIR 86-4), and in light of the changes which have taken place in the region, the RCe is of the opinion that said Eastlake Greens SPA Draft Supplemental EIR is inadequate in the following respect: (a) The document fails to give adequate consideration to the projects cumulative impact on: (1) transportation and circulation; (2) sever services; (3) refuse disposal; (4) vater availability (b) The document fails to describe a range of reasonable alternatives to the project that could feasibly attain the project's objectives and fails to evaluate the comparative merits of each alternative." Motion carried. Commissioner Stevens will attend the Planning Commission meeting to present the RCC'. position on this issue. ~-~q , . - Resource Conservation Commission Page 2 3. A report on the Trolley Commercial EIR-89-4M, vas presented by Bob Fox. The EIR vas considered adequate, but inadequately addressed the alternatives. It vas MSP (Fox/Stevens) to adopt the EIR as presented. A recommendation should be made to the Planning Commission to address the problem of the Orange Ave./Palamar St. intersection. It vas MSP (Fox/Ray) to recommend a third alternative to the Planning Commission, to reduce project exclusion of four restaurant pads and inclusion of financial institution. 4. It vas MSP (Ray/Fox) that Commissioner Fox would present the General Plan position of Resource Conservation Commission at the Planning commission on May 31. 5. Items for the Planning Commission Agenda for the meeting of May 24, 1989 vere reviewed with no action taken by RCC. ADJOURNMENT : Meeting vas adjourned by Chairman Rowe at 7:08 p.m. to the Regular Business Meeting'of June 12, 1989 at 6:00 p.m. - Respectfully submitted, EXPRESS SECRETARIAL SERVICES Barbara Taylor - ~ 10-"10 FISCAL IMPACT TABLES Figures 1 & 2 ~\I # e 8 .... ~. ~ ~ ~ .., ~ l- ~.. ,.. r. M ... :J ... r:s ~ ~- f.f N .r-~~.. ,.... .... c:>. .. r"" .... f:"l N t/I'- "" v, r~ ~~g~~t~~~~. tf~t1~ ~ v. ;;V;~~~\\~~~~~~ " -. ~l"'~~~~VI~~~~~~~ t. ~'" ~!~ c; ~ ~,,~. ~ ~ ~ li"L "& "& 111 "'l If) - ~~s~oot r-~..'-~---- ~ ", ~'~ ~...... - ~ ... ... c;') , ~~~ l; .ti~~~~~ t3 ~ .. I M< i J ~~~gH~fi~~~aUj ~ _ ~ ; .c ~ ~ S :: ~ ~ ~ ~ ~ ~ .., .. .,.. t; M .. .: ...: ..... ~ P: ~t PC .. .__ ..6I')........,M.,... ~ , ; I 2:lJ ~I~!?~i~i:l~i~~fi~ ..... ~ ~ g~~ i~~~ai~~a ... ! !u I ~ i 8 ~ ~ ~ i i 8 ~ 8 S ~ g .~ g ~ ...; ~ 0 ....s '" ..-\ M M M M ,..; N d ~ tot M ~ ... ~ I Vl lI'I 11'I It" VI VI ", i VI ~; 3 y;~~~ ~ZJ.~Zl~~:l:l ~ ~ < ! I ~~..., M f 8 ~ 0. ~i N i ~ S ~ ~ ~I ~ ~ ~ ~ .~. . =-~ .~.. I. . 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BAl.ANCE COMPAR.F.D TO HX.JSllNO OfNE.RAL PLA."C I CITY O}l CHUlA VISTA 1993 DOU.AAS j -l ....,.._._.- -. --- ---- - ..--.....--- ............-.-...-.--.~-""_._.. ............. .. , : C'C1~flhined .~~~r.. __ _.._.~.~~~ ~~ Ore~._ Eait'.~t~~~~. ~~~p_ . _ _. _.. ~~~~~CZ~~~~~ i (~2J.J40) $41,091 $19,Q51 ($50.161) $64,247 $13.98~ (S6g.~95) $110.581 $4 1.981 ($74.211) $165.179 590.909 ($7516S~) S229.983 S 1 51.328 (S76.168) $290.732 S~14.164 ($17.81.4) 5333,015 $1$$.191 (S1S,4S2) $393.210 $314.8J8 (~79,06S) $472,342 $3~3,277 ($19.663) $~SO,~1,6 $~70/i~3 (t80.247) $549.161 $468,914 ($80.817j $5'8.004 $167.187 ($~1.313) $546.986 $f6S.6U ($81,916) S~.102 S~6U85 (S82.4147) $545.346 ~(''2.899 . '''Ololl ($J.08S.09~) $5,186,392 $4.'98,'98 b.. t ....-.-..,..- .........--.-...-..-....... I~.._...-.. ......~_...._..... SourCe: (?conomic St'i\ltgiu Group. l~J3. ! ' 1 1 3 <4 5 6 7 8 9 10 II 12 13 14 I~ I \ , I >>- J(IYJO_Y~ ., - nns PAGE BlANK ._, - ~C-'4\.( COUNCIL AGENDA STATEMENT Item * Meeting Date _ I ITEM TITLE: Public Hearing: GPA 92-03; Consideration of the 161-acre EastLake Land Swap portion of the Otay Ranch General Plan Amendment. 10 1'2../'''''/~ GPA 93-04; Applicatinn by EastLake Development Company for a General Plan Amendm:,.;t for 74-acres within EastLake Greens. Resolution / / 3 (J 8'Amending the General Plan for 161 acres located south and west of the EastLake Greens community. Resolution /7.J P 1: Amending the General Plan for 74 acres located within the EastLake Greens Community, south of EastLake High School and on both sides of the extension of EastLake Parkway. SUBMITTED BY: . ~~ Director of Plannin~ City Manager j~ ~A jj ~ U~ (4/5ths Vote: Yes_No...K..) REVIEWED BY: BACKGROUND The applicant, EastLake Development Company, has submitted two requests for amendments to the General Plan: a request for an amendment for 74 acres (GPA-93-04) located within the EastLake Greens community and a request for an amendment for 161 acres (GPA-92-03) located within the boundaries of the Otay Ranch Project, immediately south of EastLake Greens, and known as the EastLake "Land Swap" parcels. Consideration of the two amendments are combined here because of the close land use relationship between requests. The Chula Vista Planning Commission also considered and made recommendations on the two requests in a combined public hearing. The General Plan Amendment (GP A 92-03) for EastLake Greens consists of a request for redesignation of 74 acres located within EastLake Greens. The proposed GP A involves two separate parcels, one south of Eastlake High School on the west side of Eastlake Parkway, east of the future alignment of the SR-125 freeway (Subarea 1) and, the second in the southwestern portion of EastLake Greens, south and west of the (240 ft. wide) San Diego Aqueduct/SDG&E utility easement (Subarea 2) [See Attachment A of the draft Council Resolution]. An Initial Study (Case No. 93-16) was prepared for the proposed project and a recommendation was made by the City's Environmental Review Coordinator that the project ~ ~/.)..~7 . -r-I \0- y S Page 2, Item Meeting Date 1 be found to have no significant impacts which were not discussed in EIR 86-04 for the EastLake Greens project, and that an Addendum to EIR-86-04 for the proposed project be adopted. Enclosed with this agenda statement is a copy of the EastLake Greens SPA Environmental Impact Report (EIR-86-04) and the Addendum. On October 28, 1993, the City Council took fmal action to Certify the Final Program Environmental Impact Report (FPEIR-90-01) for the Otay Ranch Project and approve the Otay Ranch General Plan Amendment (GPA 92-03), excluding the EastLake Land Swap parcels. The EastLake Land Swap property consists of 161 acres located immediately south of the EastLake Greens community and was analyzed within the Otay Ranch Program EIR 90-01 (phase II Progress Plan Alternative). Since this portion of the Otay Ranch Project is so closely related to the EastLake Greens community and the companion request by the EastLake Development Company (GP A 93-04), discussion of both requests have been combined in this report. The Final Program Environmental Impact Report (FPEIR-90-I), CEQA Findings, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations for the Otay Ranch Project, which the Council is being asked to recertify and adopt, is not included in the Council's packet due to recent action on the Otay Ranch. An additional copy can be provided if any member of the Council desires. -. RECOMMENDATION: That Council 1. Recertify that they have read and considered FPEIR 90-01, for the Otay Ranch Project, and that the proposed project has no significant impacts which were not discussed in the EIR, and adopt the General Plan Amendment for the EastLake Land Swap parcels (GPA 92-03) per the Staff/Planning Commission recommendation contained in the attached draft City Council Resolution. 2. Recertify that they have read and considered EIR 86-04, for the EastLake Greens project, and that the proposed project has no significant impacts which were not discussed in the EIR, and adopt the proposed Addendum to Environmental Impact Report EIR 86-04. 3. Adopt the proposed EastLake Greens General Plan Amendment (GPA 93-04) per the Staff recommendation reflected in the attached draft City Council Resolution. 4. Adopt CEQA Findings, Statement of Overriding Considerations and Mitigation Monitoring Report for the EastLake Land Swap (GPA-92-03, part of the Otay Ranch Project GP A) & EastLake Greens (GP A-93-04). -- ~ L\ <o~ \ ~, 0- "-\~ BOARDS/COMMISSIONS RECOMMENDATION: Page 3, Item /YI-/ Meeting Date~ ,!,"J'1~ 10 I 2..[ , ~ {~3 Resource Conservation Commission The Resource Conservation Commission (RCC) reviewed the contents of the Otay Ranch Final Program EIR (FPEIR-90-01) on February 15 and March 1, 1993, and after much discussion failed to make a recommendation (vote 3-3) regarding adequacy of the FPEIR. No comments regarding the EastLake Land Swap portion of the Otay Ranch GP A were made by the RCC (see minutes attached). The Environmental Review Coordinator prepared an Addendum to EIR-89-04 on January 15, 1993, which analyzes the impact of the proposed GP A for EastLake Greens, and found that because the number of units proposed is less than that analyzed in EIR-89-04, and that there have been no substantial changes in circumstances regarding the project. Therefore, the EIR is found to be adequate for this action in accordance with the Addendum. There is no recommendation from the RCC on this item. Planning Commission On May 26, 1993, the Planning Commission recommended that the Council: 1. Adopt the proposed EastLake Land Swap portion of the Otay Ranch General Plan Amendment (GPA-92-03) per the Staff Recommended Alternative (see attached Planning Commission Recommending Resolution (pCM-90-3)), and 2. Adopt the proposed General Plan Amendment for EastLake Greens (GPA 93-04), subject to designating 20 acres south of EastLake High School (see Sub-Area #1 on Exhibit 10) as Medium Residential (6-11 du/ac) (see attached Planning Commission Recommending Resolution (GPA-93-04)). DISCUSSION: The proposed General Plan Amendment for the EastLake Land Swap parcels for the Otay Ranch Project relate closely to the proposal by the EastLake Development Company for an amendment to the General Plan for 74 acres within EastLake Greens. Therefore, it is appropriate to review and discuss each proposal in the same context and within the same hearing. Community Forum On February 18, 1993, prior to Planning Commission hearings on either GPA proposal, the Planning Department conducted a community forum for the proposed EastLake Greens GP A ~~ lo~i, ~';t: Page 4, Item _ Meeting Date 716/93, '. ~~ 10 I ~}I~l":!:> (GP A 93-04). Also presented and discussed at that forum was the proposed EastLake Land Swap portion of the Otay Ranch Project (GPA-92-03). The forum was held at the EastLake High School library, where nine citizens from the EastLake Greens neighborhood attended. EASTLAKE LAND SWAP (Otav Ranch GPA 92-03) When the planning effort for the Otay Ranch began in 1989, the EastLake Development Company owned approximately 160 acres completely surrounded by the Otay Ranch and identified as part of the previously approved EastLake Phase II GDP (identified as Parcel "A" on attached Exhibit 1). Without inclusion in the overall planning for the Otay Ranch, comprehensive planning of the Otay Valley Parcel would have been difficult. Because of this, various Project Team plan alternatives have been prepared which include this parcel of land. During the planning effort for the Otay Ranch, Otay Vista Associates, L.P. (The Baldwin Co.) and EastLake Development Company negotiated a private land swap agreement whereby land area of similar size (3 separate sites totalling 161 acres, identified as Parcel "B" on Exhibit 1) located immediately adjacent to the EastLake Development land holdings (EastLake Greens SPA), but a part of the Otay Ranch, would be transferred to the EastLake Development Company in exchange for the 160 acre parcel (Parcel A). This transfer permitted the _ coordinated development of the Otay Ranch and resulted in a logical development boundary for EastLake. Environmental surveys and analysis have been conducted on the Otay Ranch parcels, including the EastLake parcel. Both land swap parcels are included in the Program EIR. Parcel B, which is now owned by EastLake, involves only a General Plan Amendment at this time. Table 1 reflects the applicant's proposal and the Staff/Planning Commission recommendations. Applicant's Proposal Proposed residential densities within the Land Swap area would result in a unit total ranging from 670 dwelling units to 1,071. However, development at mid-range would result in a total of 872 units, 65 units more than the current General Plan designations allow for the same area (see Table 1 and Exhibit 6 for map). Staff/Planning Commission Recommendations The Staff/Planning Commission recommended residential densities would result in a unit total ranging from 552 to 924 dwelling units in the Low-Medium and Medium-High Residential designated areas. Development at mid-range would result in a total of 739 units, 68 units less -. ~~~ ..- I b- Y X Page 5, Item / ~I z/ Meeting Date~ fh f~:3 lO than the current General Plan designation allows for the same area (See Table 1 and Exhibit 17./....../ct3 7 for map). Dwelling Units Land Use Designation Acreage Baseline High Low-Medium (3-6 DUlAC) 47 Ac. 141 282 Medium (6-11 DUlAC) 70 Ac. 420 770 Open Space 9 Ac. Circulation (Streets) 14 Ac. Pubic/Quasi-Public 21 Ac. TOTAL 161 Ac. 561 DU 1,052 DU PROPOSED GP AMENDMENT (Applicant's proposal) Low-Medium (3-6 DUlAC) 15 Ac. 45 90 Medium-High (11-18 DUlAC) 29 Ac. 319 522 High (18-27 DUlAC) 17 Ac. 306 459 Ret. Comm. 52 Ac. Prof. & Admin. 17 Ac. Open Space 14 Ac. Circulation (Streets) 17 Ac. TOTAL 161 Ac. 670 DU 1,071 DU STAFF/PLANNING COMMISSION RECOMMENDATION Low-Medium (3-6 DUlAC) 19 Ac. 57 " " . ',.. Medium-High (11-18 DUlAC) 45 Ac. 495 Retail Commercial 52 Ac. Prof. & Admin. 17 Ac. Open Space 11 Ac. Circulation (Streets) 17 Ac. TOTAL 161 Ac. 552 DU 9~:-i DU Table 1 EastLake Land Swap GPA EXISTING GENERAL Pl.\ N ~ ~ 10-'-19 EASTLAKE GREENS (GPA 93-04) Page 6, Item / Y It, -- Meeting Date~ 10 I 2./ I "13 1"2./I"1/~~ As a result of the land uses proposed on the adjacent Otay Ranch and the need to provide a variety of residential product types within the EastLake Greens community as well as meet affordable housing goals within the community, the EastLake Development Company is proposing density increases on a companion 74 acres within the EastLake Greens. Table 2 reflects the applicant's proposal as well as the Planning Commission and Staffs Recommendations. History As originally proposed and analyzed, the EastLake Greens SPA called for a total unit count of 3,609 dwelling units. In approving the tentative subdivision map for EastLake Greens in 1989, the City Council on an interim basis, reduced the density and unit count of five parcels in EastLake Greens (parcels R-24, R-25, R-26 R-27, and R-28) from High Density Residential (18-27+ du/ac.) to Low-Medium Density Residential with a density of 4.5 du/ac (see Exhibit 8 attached). This action deferred any consideration of future density increases and the provision of an affordable housing agreement for the Greens until after refmement of the Land Use Element pertaining to establishing densities within a designated range. The overall dwelling units were reduced from 3,609 to 2,774, for a total reduction of 835 dwelling units. See discussion of affordable housing under the following ANALYSIS section. - Applicant's Proposal Proposed residential densities for the 74 acre area would result in an increase in allowable units from the existing range of 156 to 312 dwelling units in the existing Low-Medium Residential designated areas to a range of 574 to 891 dwelling units in the proposed Low-Medium, Medium-High and High Density Residential designated areas. Development at mid-range would result in a total of 734 units, 500 units more than the current General Plan designations for the same area (see Table 2 and Exhibit 6 for map). Staff and Planning Commission Recommendations Staff is recommending that the proposed residential areas west of the existing 240 ft. wide north/south utility easement, including the EastLake-owned portion of the easement (120 ft. in width) be designated as Medium-High Residential (11-18 du/ac) for the reasons stated in the ANAL YSIS section below. All of the land area located east of the utility easement, including Water District-owned portion of the easement (also 120 ft. in width) is proposed to remain as Low Medium Residential (3-6 du/ac), as presently designated in the General Plan. Although the area located east of the utility easement is designated Low Medium, development projects approved in the EastLake Greens SPA are in the range of 11-18 du/ac immediately adjacent to the easement. - ~ . ~ lo-SO Table 2 EastLake Greens GPA EXISTING GENERAL PLAN Dwelling Units Land Use Designation Acreage Baseline Midrange High Low-Medium (3-6 DUlAC) 52 Ac. 156 312 Circulation (Streets) 9 Ac. Public/Quasi-Public 13 Ac. TOTAL 74 Ac. 156 DU 312 DU PROPOSED GP AMENDMENT (Applicant's proposal) Low-Medium (3-6 DUlAC) 3 Ac. 9 18 Medium-High (11-18 DUlAC) 17 Ac. 187 306 High (18-27 DUlAC) 21 Ac. 378 567 Open Space 17 Ac. Circulation (Streets) 2 Ac. Public/Quasi-Public 14 Ac. TOTAL 74 Ac. 574 DU 891 DU PLANNING COMMISSION RECOMMENDATION Low-Medium (3-6 DUlAC) 3 Ac. 9 18 Medium (6-11 DUlAC) 20 Ac. 120 220 Medium-High (11-18 DUlAC) 24 Ac. 264 432 Open Space 9 Ac. Circulation (Streets) 2 Ac. Public/Quasi-Public 16 Ac. TOTAL 74 Ac. 393 DU 670 DU STAFF RECOMMENDATION Low-Medium (3-6 DUlAC) 3 Ac. 9 18 Medium-High (11-18 DUlAC) 44 Ac. 484 792 Open Space 9 Ac. Circulation (Streets) 2 Ac. Public/Quasi-Public 16 Ac. TOTAL 74 Ac. 493 DU 810 DU ~ ~/O-~I 1~~ 10 I "2.-(I.-de,~ Page 8, Item ~ Meeting Date~. 10 '7J 1'2../1 '-f/'1?;' The staff recommendation for the EastLake Greens GP A would result in an increase in allowable density in the 74 acre area from a range of 156 to 312 dwelling units in the existing Low-Medium Residential designated areas to a range of 493 to 810 dwelling units in the Medium-High Residential density residentially designated areas. Development at mid-range would result in a total of 652 units, 418 units more than the current General Plan designations for the same area. -' The Planning Commission concurs with staff with the exception that the 20 acre Subarea # I . parcel, located south of EastLake High School, is recommended to be designated as Medium Residential (6-11 du/ac). The Planning Commission's recommendation at mid-range would result in a total of 532 units, 298 units more than the current General Plan designations allow at mid-range (See Table 2 and Exhibit 10 for map). Table 3 reflects the composite totals of both the EastLake Land Swap and the EastLake Greens GPA's. Approval of the applicant's proposals at mid-range densities would result in an increase of 562 units over the current General Plan designations. The Staff Recommendations would result in a total increase of 349 units. The Planning Commission recommendations would result in an increase of 229 units. - ANALYSIS Rationale for General Plan Amendment The proposed General Plan Amendment and General Development Plan for the Otay Ranch substantially alter the land uses and planning parameters for the land area in the vicinity of EastLake Parkway and Orange Avenue. The EastLake Greens GP A (Sub Area # 1 and #2) and the bulk of the Land Swap Parcels, located between Eastlake Parkway and the SR-125 alignment, is within the "activity corridor" along SR-125. The location along a future Express Bus route, the close proximity to a potential regional light rail transit station to the south, the location adjacent to future SR-125, the location near retail services to the north and south, placement adjacent to and access from a major roadway (EastLake Parkway), as well as separation from residential neighborhoods to the east by a major water aqueduct and SDG&E utility easement (240 ft. wide) make the proposed designation of these parcels as higher density residential and freeway-oriented commercial appropriate (see Exhibits I through 4). Staff is recommending approval of an alternative to the applicant's proposal that would provide for Medium-High Residential (11-18 du/ac) densities west of a major north/south utility easement, similar to residential densities within Village Core areas on the Otay Ranch (from 14.5 to 18 du/ac). No High Density Residential (18-27 du/ac) is proposed within any village on the Otay Ranch, and it is envisioned that through density transfers, limited higher density multiple family units could be constructed, thereby providing the ability to provide a balance - ~ J2.-52 , 0- $ 2.. Page 9, Item L Meeting Date /16/93 \2- 1~,lq3 of housing types. Recommended multiple family densities are compatible with the planned intensity of this area and would provide additional opportunities to provide affordable housing. The Medium-High (11-18 dulac) densities recommended for both the EastLake Greens GPA parcels and the Land Swap parcels could result in product types that are consistent with a number of existing and planned townhome condominium developments within the EastLake Greens SPA and thus would be compatible with the remainder of EastLake Greens. Through transfers of density, some areas of EastLake Greens could provide higher densities necessary to provide affordable units while, conversely, averaging the overall densities would result in some lower density duplex or townhome units. Processing of a General Development Plan, SPA Plan and Design Review applications would be required in order to develop the property. The designation of 17 acres located at the southwest quadrant of SR-125 and Telegraph Canyon Road as "Professional and Administrative Office" will result in an appropriate land use surrounded on two sides by a major arterials (Telegraph Canyon Road and SR-125), and on the remaining side by a high voltage power line easement. This easement will also act a buffer between single family dwellings proposed to the west and the ultimate office land use. The designation of 52 acres of "Retail Commercial" north of East Orange Avenue and between EastLake Parkway and SR-125, will result in a logical extension of the freeway-oriented commercial designed for immediately to the south within the Otay Ranch and is appropriately located within the "Activity Corridor" adjacent to SR-125 and EastLake Parkway. Affordable Housing An important consideration in staff s analysis of this proposed GP A is the prOVIsIOn of affordable housing opportunities. The City Council included in the Housing Element (updated in 1992), the following policy (Part 3, Section III, Obj. 1, Policy 3), which provides for flexibility in establishing, and in some cases, increasing densities within the Eastern Territories that can provide for affordable housing units. "In conjunction with the policy implementation, the City shall evaluate the Land Use Element of the General Plan to determine the extent to which, in warranted cases, increases in density would facilitate the provision of affordable units. As appropriate, the City shall consider amendments to the Land Use Element." As discussed previously, with approval of the EastLake Greens tentative map in 1989, the Council also deferred a condition requiring the developer to provide a low and moderate- income housing program (5% low and 5% moderate) for the EastLake Greens, subject to the approval of the City's housing coordinator. An affordable housing program has not been adopted to date for the EastLake Greens. The applicant's proposed General Plan Amendment would re-designate one of the five parcels, R-26 (which is part of Subarea 1), back to a High- ~ ~ \e-53 Page 10, Item / ~( .- Meeting Date~ : i 10 \., J q~ I'L/''-i /'3 Density Residential General Plan designation. With the proposed density increase staff is recommending that the interim deferral of the housing requirement resulting from the EastLake Greens tentative subdivision map conditions be concluded. The current status for the provision of affordable housing units for the EastLake community, as a whole, is as follows: EastLake I - A total of 19 low-income housing units are still needed to achieve the City's standard of5% low & 5% medium income units. With the approval of the Kaiser Hospital facility a displacement of 405 high density units occurred, which severely impaired EastLake' s ability to provide the 19 low income units within EastLake I. EastLake II (EastLake Greens) - A total of 139 low-income and 139 moderate-income units would be required to achieve compliance, based on the SPA approval of 2,774 units. (EastLake Trails) - A total of 63 low-income and 63 moderate-income units would be required for this portion of the EastLake community. A total of 1,260 units are planned to be built within the Trails project. - EastLake III - A total of 89 low-income and 89 moderate-income units need to be provided within this portion of the EastLake community. A total of260 medium density and 506 medium-high density units are planned to be built within EastLake III, providing increased opportunities for providing affordable housing. EastLake IV - This area consists of 160 acres which has been exchanged for the Land Swap parcels, and currently is included as part of the Otay Ranch General Development Plan and is no longer owned by the EastLake Development Company. With the approval of the staff recommended GP A alternative the Greens would be required to provide a total of 160 low-income and 160 moderate-income units. The staff recommended Land Swap units would require an additional 37 low-income units and an additional 37 low- income units. Therefore, the total increase of required affordable housing units for the two General Plan Amendment areas would be 197 low-income units and 197 moderate-income units. Staff recommends that Council consider requiring the developer to provide an affordable housing implementation program for the entire EastLake community, including the Land Swap parcels, which would outline the phasing and location of anticipated affordable housing units. It is anticipated that this program be submitted and approved prior to the approval of any final subdivision maps and prior to approval of future General Development Plans within EastLake. - ~-~~ IC"S'1 Page 11, Item Meeting Date 1'"2. I L./r Je7t3 FISCAL IMP ACT: Additional information regarding fiscal impacts of the proposed General Plan Amendments will be forwarded to the City Council prior to the hearing. ~ ~IO-SS Table 3 Combined EastLake Land SwaplEastLake Greens GPA's EXISTING GENERAL PLAN Dwelling Units Land Use Designation Acreage Baseline ~drange. High Low-Medium (3-6 DUlAC) 99 Ac. 297 594 Medium (6-11 DUlAC) 70 Ac. 420 770 Open Space 9 Ac. Circulation (Streets) 23 Ac. Public/Quasi- Public 34 Ac. TOTAL 235 Ac. 717 DU 1,364 DU PROPOSED GP AMENDMENT (Applicant's proposal) Low-Medium (3-6 DUlAC) 18 Ac. 54 108 Medium-High (11-18 DUlAC) 46 Ac. 506 828 High (18-27 DUlAC) 38 Ac. 684 1,026 Retail Commercial 52 Ac. Prof. & Admin. 17 Ac. Open Space 31 Ac. Circulation (Streets) 19 Ac. -- Public/Quasi-Public 14 Ac. TOTAL 235 Ac. 1,244 DU 1,962 DU PLANNING COMMISSION RECOMMENDA nON Low-Medium (3-6 DUlAC) 22 Ac. 66 132 Medium (6-11 DUlAC) 20 Ac. 120 220 Medium-High (11-18 DUlAC) 69 Ac. 759 1,242 Retail Commercial 52 Ac. Prof. & Admin. 17 Ac. Open Space 20 Ac. Circulation (Streets) 19 Ac. Public/Quasi-Public 16 Ac. TOTAL 235 Ac. 945 DU 1,594 DU STAFF RECOMMENDA nON Low-Medium (3-6 DUlAC) 22 Ac. 66 132 Medium-High (11-18 DUlAC) 89 Ac. 979 1,602 Retail Commercial 52 Ac. Prof. & Admin. 17 Ac. Open Space 20 Ac. Circulation (Streets) 19 Ac. Public/Quasi-Public 16 Ac. TOTAL 235 Ac. 1,045 DU 1,734 DU -, - ~ ..J-.2.. Sc; YO - $" ,~.:.-:.-,.... ""'-. ,,- (Y' . -"'\ ~ r_ r"" .' ..... ." , ) Gl _.I< . . ;....-. . ',* 1 '. '-. ,.. 4.t'.......~1~ ~I-J-' . ~#.~'.' ;". .: '.__i .:~- '-.,,:; 4":;" ,',' ....,. ;'-,,' ~:.. ~". J.;'"r. (\ " . ;'~~." ';;.:\~"::"J / "Ji:: . \.. ,,~ "~_1""~""" .~._.~... " I, t It\~.. \I:{ ~~":::H"" ~. . ft,.~.- '.. -",..:~ ",.... .... .~ '..~".. ' . ~ .r ,:/' .... \: ' .', .. J .,..: ,....'- ...." ''''''''0 - I'~,~.. ~t. . ~~ :. '1-//./ ~~ :, .,\~>/ / . . ._:.~t EXHIBIT 1 ' _..... ':;;:"I~S ~ .. j.*.:r: ..'P ^,"~.v . ...~~: ] ........../ .1./ ....:- ;;c .. \ ~.J"" ~~- . .. '\ I ....4 l '. ~.# \ I \ /..;+>>-" ... \. /.: .... *~ \ , V-~L _ ...~ ' .-.c: '-. '.. ....... .. " '",;;>>" f ~>. \. \0.- , '" '. ( ..., . ..f' c z O' ",.' r . " , !. I' . ;. \. r ; , I I ) I ,:< I \ _.1 ,rS - \~ - '.1. .( ~...'.-- ,.,,' ; t ,ClDe. - '\: 1.\ t '; i ..., ~~ .= '2 .&' - . j. .~~.: ,J I I- ><~ w~ 1-> z<( O--.J u~ (!)() ~z za: ZW <:t- -JU) a.. us EXHIBIT 2 - c~ ~ - - ~ J-2..-S~ la-S~ ::- EXHIBIT 3 ~ 15 0 8!. ..c: (.) 16 0) >. 0 U) .1: ~ ... 0 .- ~ ... Q. 5 ..c: >. .0. Q. .0. 0 S = Cf) 0 Q. E U) E 0 ..c: 0 E c:: 8: :I: U) ..c: ..c: CD en <3 .0) E .J.. :f CD ... 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JQbC) =~ 001 x bW 00 ~ @]) ~ - 'Q" ~ :a :aWCXl_ ~:a:;:~ p~~I!~ ~ ~I~iPHihll Jjjj~~~~!i~ ~ 1 ~. -', ~ '~IO-~J EXHIBIT 5 ~; 6 z .. ~I ~ ! ~2 II) - Qj C.I .. l. =- = ~ CI'.J "C = = ...;l Qj ~ = ...;l i [;Jil . ~ct OO)CI) =0 ~Cl. ~ = OO)W b~ OO~ ~~ @W ~ - W y ~ :aWCZ)_ ~~E~ i 1:bf~1 ~ "8 Ilii'h!il ~l nnbU!ilh 1 ~ EXIDBIT 6 - ~; 6 : ~ ~I ~ ~. f'-l - Q,l C.J ! ... ~ ~ ~2 =- ~ S~~.~ ~ ~ ~ = ~ ....:l Q,l ..Ill: ~ ....:l i ~ .. - ftIr ..1'" ~L 10-Co2. '.' a" EXHIBIT 7 ~~ . ~; -- ~ ~ta: w ~ ~WlD__ fQbZ ;~ E~ j 6 ~ prl ,. ~ : ~ !J i'~. !il ~ ~! =<( (00) unl~H!ilh blt OO~ ~Cf.) @J> ~ ~ to .- l ~ A; < :t SZ:l.~ ! .. ~2 .JH7 _ ~ lo-Ce3 I III - QJ (",I ... ~ =- =- ~ ~ l:I:J "C = ~ ....;l QJ ~ ~ ....;l - III ~ ~ . .--. \ , ...... Gal ea.. ..... . -.... ~ ~ &ft:__ ~EJ ~ .oor-= I pm I I.i:.' ...~ A6sxaE ""'Ut.,t" 211a/llQ - '. ~e=- ' . ;. .;;;o:::s: FU ..,.....~ . ,.....,... i.-."..... _. . ___ EASTlAKE ~ GREENS SPA . _.~ IO-~'~ EXHIBIT 9 Genera' Development Plan RESIDENTIAL \..IKI UlIE t\JI4C IoWt ACAES \,NT. . . bELow 2" , 003 7" ( . LM 'Low/~ P . 3" 3 :)~ 1133 \ ~~ 23e e e- " PO 1.50 , ~ ..... ~ ,.....~ 1205 1 I. Ie ,eeo ' M I M ~ LIo4 . U7 1&-27. ,e72 . ----.. \ \ s.,vlOlal 10257 713' \ t.()N - RESOENllAL \ \ l I VH) \.fiE AOlES PO . C ReI" 5e e \ , C-O ProleUD'W& '2 e - -.,,,"". ~ ReMer:t' & '32 , UowIlC loWUaeun; ;--0- ~ 5clece '130 l...,...,;- ~ PIAlIc/<:La~ 103 :) ~,..,.,.. ,'-'-" tee' ~ IwlaJQr c._lIQn 2115 ....lOlll ..1.2 ~ FIan~ 71.2 ~lClllll aoe. 1 Ie 11)1 .. . c..ealt c..c" ... ~ EASTLAKE A PLANNED COMMUNITY BY EASTLAKE OEVEL~NT CO ~ ~ 9i~~! .r.. ~ -.~ 0.1' )-n" - ~ lo-<o.s . iPZZ . ~oo ~~E= c=::=2 00 < .[Qb~ ~ .o~ c=:::::s U ~ ~~8 @~~ ~~~ @~ ~ .^~ .~.fP' ~~. ".. ~ I ~~. / ffi .f; ~ ..~~ en p ~-~ ~cn :1 (5 ~ 1\ U ~ ~rn .\, - ~ · \~ ~ .:J I'- \\ ~ ... \ \~ ~. .:: :~: ~~ ".:1 W ::::::::~:: \ '.\ . . . . . . . . . . . . . . : ~\ . :: :.:::: :::::::: II " :S". '::::::::::::::::. , \, ~t:/ i rn .\ . //: .....:l .~ C/) // J: --=- rT' \~--- ,-........ 0 ~ ...:;'~- I-Iool \ -..::::':;~:-..~ . I ( f3 ) ,'-' .: : : :f' .<1.-::0-;.."...... -~ ~ J ~ ~~- :::.-"... .......\ D.. . .... ~ /J-< · - - -- ~ ~ ,0" 7 I .\ - --- -"';;::~" ...~.. 7 'I 5 1 en ~:::..:: ~ / ~ 0.. J r::--. ~.:::. ...... .. ~.. ~ .. ~ I 2 t,V ..::~~~~~H H~~~~ 6 ~ .t?. ~ \(J)....~ .......::E.. ...... h~ ~ \ 0 . ........ ... .... ~., v.l HI'lIS _ ~ Q CI) 't\\ lE.... /~".;;.""""'" .'- i1 . j : vt ~ ~ ~ * - Q .!!! ctl -a - - . -a u ctlCO_ ~:a~~ . J J j j j! ~.i.~i~J] EXHIBIT 10 - :3:E~:I:5a:~0..~ ~ f3 ~ - ~ ~ \ 0- c... Co LIST OF A IT ACHMENTS DRAFT CITY COUNCIL RESOLUTIONS: . Draft City Council Resolution for GP A-92-03 (Otay Ranch Project) . Draft City Council Resolution for GP A-93-04 (EastLake Greens GP A) PLANNING COMMISSION RECOMMENDING RESOLUTIONS: . Planning Commission Resolution and Draft City Council Resolution for EastLake Land Swap GPA (pCM-90-03; includes Land Swap GPA as part of Otay Ranch Project) . Planning Commission Resolution and Draft City Council Resolution for EastLake Greens GPA (GPA-93-04) . PLANNING COMMISSION MINUTES: . March 3, 1993 hearing (EastLake Greens GPA) . May 12, 1993 hearing (Com; ::1ed Land Swap and Greens GPA's) . May 26, 1993 hearing (Easi: ,ke Greens GPA) RESOURCE CONSERVATION COMMISSION MINUTES: . February 15, 1993 meeting (Land Swap) . March 1, 1993 meeting (Land Swap) ENVIRONMENTAL DOCUMENTS FOR THE EASTLAKE LAND SWAP GP A (GP A-92- 03) . CEQA Findings & Statement of Overriding Considerations (not included in packet) . Mitigation Monitoring and Reporting Program (not included in packet) ENVIRONMENTAL DOCUMENTS FOR THE EASTLAKE GREENS GPA (GPA-93-04) . EIR-86-4 (EastLake Greens SPA) . Addendum to EIR-86-04 . CEQA Findings . Statement of Overriding Considerations . Mitigation Monitoring and Reporting Program ~ ~ lo-<c:,'/ nns PAGE BLANK ~~ - - - '0- Co g d~ II . \ ,,"t- \ \ ~Vl It} PLANNING COMMISSION RECOMMENDING RESOLUTIONS /2 ~~ /tJ/j/y ,. RESOLUTION NO. PCM-9O-3 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (FPEIR 90- 01); AND RECOMMENDING TO THE CITY COUNCIL THAT IT: CERTIFY FPEIR 90-01, AMEND THE CHULA VISTA GENERAL PLAN TEXT AND DIAGRAMS, APPROVE THE OTAY RANCH GENERAL DEVELOPMENT PLAN, INCLUDING A RESOURCE MANAGEMENT PLAN, VILLAGE PHASING PLAN, FACIUTY IMPLEMENTATION PLANS, AND SERVICE/REVENUE PLAN, ADOPT AN ORDINANCE PREZONING MOST OF THE OTAY RANCH; MAKE THE REQUIRED PREZONE FINDINGS; AND DIRECT STAFF TO PREPARE AND REFER PROPOSED FINAL VERSION OF CEQA FINDINGS OF FACT, THE MITIGATION MONITORING AND REPORTING PROGRAM, AND THE STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE OTA Y RANCH PROJECT BACK TO THE COMMISSION FOR REVIEW AND COMMENT PRIOR TO CITY COUNCIL ADOPTION OF THE FINAL FORM OF THE PROJECT, IF ANY. WHEREAS, the area of land which is subject of this resolution is diagrammatically represented on Attachment A, attached hereto and incorporated herein by this reference; is commonly known as the Otay Ranch Project; and for the purpose of general description herein consists of approximately 23,088 acres located south of the rural community of Jamul, 2 miles north of the United States-Mexico border, abutting the western Chula Vista City limits, and the eastern boundary of which is generally State Route 94 ("Project Site"); and, WHEREAS, a person having control over all or a portion of the development of the Project Site, to-wit: the Otay Vista Associates. L.P., (formerly known as the Baldwin Vista Associates, L.P.) ("Developer") has applied to the City for approval of an Otay Ranch Project (New Town Plan). The proposal has been modified throughout project review, resulting in the following project ("Project") (References to the "Project" herein refer to the following project description and take precedence over any inconsistencies with other descriptions or references to the Project herein contained): to develop a mixed use (residential, commercial and industrial) community. The Project would involve 23,088 acres, which includes approximately 160 acres of EastLake Land Swap Parcels (proposed residential and commercial General Plan land use designations) and would allow a maximum of 26,017 dwelling units to be constructed, resulting in a maximum population of approximately 75.706. An additional 891 units (maximum) would f: \homc\p1annin&\duane\pcreso.OlyDRAFT May 18. 1993 ~ /0--70 Resolution No. PCM-9Q-3 Page 2 be allowed on the EastLake Land Swap Parcels. The buildout of the Project is projected to take 30-50 years. The plan would generally be divided into 14 villages 6 planning areas, plus the Eastern Urban Center (EUC). Most of the proposed homes would be located in 14 villages; 11 on the Otay River parcel, 2 on the the Proctor Valley parcel, and one on the San Ysidro parcel. Rural estate development is also planned for the eastern parcels. An extensive open space system and circulation system, including greenbelt parkways and hiking trails, would connect the. various development areas and parcels of Otay Ranch. A Resource Management Plan (RMP), including an approximate 12,OOO-acre management preserve, would be implemented. The management preserve will be conveyed in perpetuity to an entity other than the developer; and, WHEREAS, on August 1, 1989, the City Council, by Resolution No. 15220, adopted a Memorandum of Understanding (MOU) between the City of Chula Vista and the County of San Diego to establish a joint planning project approach and team for the processing of the Otay Ranch Project, including among others, a General Plan Amendment, General Development Plan, and Environmental Impact Report; and, WHEREAS, said MOU empowered an Interjurisdictional Task Force (lTF) to establish Goals, Objectives and Policies which would guide the preparation of various project alternatives for development of the Otay Ranch; and, WHEREAS, all the staff and Planning Commission preparation and recommendations regarding the Project have been made in accordance with said MOU, and this Resolution is being considered and acted upon concurrently with a similar one before the San Diego County Planning Commission; and, WHEREAS, the Otay Vista Associates, L.P., filed duly verified applications for a General Plan Amendment, a General Development Plan including, among others, Resource Management, Village Phasing, Facility Implementation, and Service/Revenue Plans ("Supporting Documents") and Prezoning (collectively, the "Discretionary Approvals Applications"); and, WHEREAS, the Planning Director set a time and place for a hearing on said Discretionary Approvals Applications, including the certification of the Final Program Environmental Impact Report for this Project (FPEIR -90-01), and notice of the 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 a minimum of 1,000 feet of the extension boundaries of the property, and to other designated agencies as required at least ten days prior to the hearing; and, WHEREAS, a public hearing on the Discretionary Approvals Applications was held before the Planning Commission at the meeting of April 29, then continued from time to time to May 15, May 16, May 22, May 29, June 17, July 31, August 19, September 11, September 16, October 7, October 12, October 19, October 23, October 29, November 4, November 12, f: \home\planning\duane\pcreso.OlyDRAFT May 18. 1993 ~ //,-:;) - 7 / Resolution No. PCM-90-3 Page 3 November 20, December 2, December 9, December 18, 1992 and January 15, January 27, January 29, Febuary 3, Febuary 10, Febuary 19, Febuary 24, March 13, March 17, March 24, March 31, April 14, April 22, May 8, May 13, and May 18, 1993, and said hearings were thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista Planning Commission does hereby fmd, determine, resolve and order as follows: 1. FPEIR Contents. The FPEIR consists of the following: A. "Final Program Environmental Impact Report - Otay Ranch Project" (EIR 90- 01) prepared by Ogden Environmental and Energy Services and dated December, 1992, SCH # 89010154 (two volumes), which contains the Draft Program Environmental Impact Report ("DPEIR") distribution date July 31, 1992, revised to reflect responses made to comments on the DPEIR; and B. Technical Reports to the Draft Program Environmental Impact Report (Appendices A, Band C, and Volumes I through IX); and C. Comments and Responses to Comments to the DPEIR. 2. FPEIR Reviewed and Considered. The Planning Commission of the City of Chula Vista has reviewed, analyzed and considered FPEIR 90-01, the environmental impacts therein identified for this Project, prior to approving the Project, 3. Certification of Compliance with CEQA. The Planning Commission does hereby fmd that FPEIR 90-01 has been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. 4. Independent Judgment of Planning Commission The Planning Commission fmds that the FPEIR reflects the independent judgment of the City of Chula Vista Planning Commission. BE IT FURTHER RESOLVED that, based on the Findings and subject to the Conditions stated in the attached Draft City Council Resolution and Draft City Council Ordinance, the Commision recommends that the City Council: f: \home\p1annil1i\duane\pcreso. ocyDRAFT May 18. 1993 ~3 /L51~7:J- Resolution No. PCM-90-3 Page 4 1. Certify Final Program EIR-90-0I, and 2. Approve amending the text and diagrams of the Chula Vista General Plan for the Otay Ranch Project, including the "Industrial Use Option," subject to modifications generally listed and shown on maps in Exhibit 1, attached hereto, and 3. Approve the Otay Ranch General Development Plan, including Supporting Documents (RMP, Village Phasing Plan, Facility Implementation Plans and Service/Revenue Plan) and Errata Sheets, subject to modifying the RMP, Facility Implementation Plans and Service/Revenue Plan to conform to the final plan (with the "Industrial Use Option" for Village 3) and to modifications generally listed in Exhibit 1, attached hereto, and 4. Adopt an ordinance approving the Prezoning of22,529 acres of the unincorporated Otay Ranch property to the PC (Planned Community) Zone, and 5. Direct staff to prepare and refer the proposed fmal version of CEQA Findings of Fact, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations for the Otay Ranch Project back to the Commission for review and comment prior to City Council adoption of the final form of the project, if any, after adoption of items 2, 3, and 4 above. y~'-' BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the owners of the property and the City Council. f:\home\planning\duane\pcreso.OlyDRAFT May 18. 1993 ~-- )1)/75 Resolution No. PCM-90-3 Page 5 PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 18th day of May, 1993 by the following vote, to wit: AYES: NOES: ABSENT: ABSTENTIONS: "). 4~/"1 -d7~ Susan Fuller, Chairman ATTEST: ~u ~'-<"A k',J.L.<- Nancy RiJley, Se~retaryf ~ f: Ihomelp lanning Iduane Ipcreso. DIy DRAFT May 18. 1993 )1)-- 71 . EXHffiIT 1 )f)~75 ~- CITY OF CHULA VISTA PLANNING COl\1MISSION RECOMMEl'1J>ED MODllilCATIONS TO STAFF RECOMMEl''DED GPA & GDP FOR THE OTAY RANCH PROJECT The following are Planning Commission recommended modifications to the Staff Recommended General Plan Amendment (GPA) and General Development Plan (GDP) for the Otay Ranch: (1) (GPA); Modify GP diagrams (Fig. 1-2 and 7-2) and text (pages 1-48, and 14-16 through 14-18) regarding university site location (See attached). (GDP); Reflect a university as the primary land use in the area of Villages 9 & 10 with the staff recommended plan as alternate land uses, applicable after a certain period of time should a university not locate there. Text references to a university shall be generic and not identify a specific university (See attached). (2) (GPA); Modify GP diagram (Fig. 1-2) and text (page 1-16, 1-18, 14-4 and 14-9) regarding expanding development area (See attached). (GDP); Expand most westerly development area located north of the Otay Landfill to the south and west property lines, with no increase in total dwelling units. Modify text to encourage access from Orange Avenue for this development area. (3) (GPA); Modify GP text (page 1-4, 1-16, 1-18, 14-4 and 14-9) to reflect revised density figures based on recommended density changes. (GDP); Increase densities of transit village (Villages 1, 5, 6, and 9) core areas to 25 dulac, with no increase in total units for these villages. (4) (GPA); Modify GP diagram (Fig. 1-2) to reflect expanded development area within the San Ysidro East Parcel. (See attached) (GDP); Expand development area at the southwesterly comer of Planning Area 17. (5) (GPA); Modify GP text (pages 1-4, 1-16, 1-18, 14-4 and 14-9) and diagram (Fig. 1-2) to reflect the two most easterly development areas of the staff recommended residential development area east of Lower Otay Reservoir (identified as Village 15 in GDP) as L-3 Residential (l ac. min. lot size). (GDP); Modify Village 15 text and maps to reflect a reduction of dwelling units to 516 and modification of minimum lot sizes as depicted on Table I-A and associated diagram (See attached). Exhibit 1 1 City Planning Commission Resolution );; ~7 {:; ~- (6) (GPA); Modify proposed GP text (pages 1-4, 1-16, 1-18, 14-4 and 14-9) and diagram (Fig. 1-2) to reflect Medium-High Residential in those areas proposed as High Residential (18-27 du/ac) on the EastLake Land Swap Parcels. In addition, delete the proposed GP diagram change for a small triangular-shaped development area located east of the north/south utility easement (to remain L-M, as currently designated in the GP). (7) (GDP); Modify proposed GDP text (pages 210, 224 & 228) to incorporate transit funding language (see attached). Attachments (:\GPAMOD.LSTI Exhibit 1 2 City Planning Commission Resolution /1)-77 ~ B UNIVERSITY LOCATION AND PHASING MAY 18, 1993 CITY PLANNING COMMISSION Several sections of the GDP/SRP would have to be modified in order to accommodate the Planning Commissions' concern regarding the university designation. It is recommended that new language be added to the following sections: Page 109: Potential University Page 153: Village 9 Description Page 158: Village 10 Description Page 155: Other Village 9 Policies Page 157: Village 9 Graphic Page 160: Other Village 10 Policies Page 161: Village 10 Graphic Page 341: Phasing Pan III, Plan Implementation, Page 23: University SPA Requirements Page 68: Land Use Designations (GDP; Part II, Chapter 1, Section D, Page 109) Modify as follows: 4. Potential University The University of California Regents have expressed their intention to construct three new University of California campuses over the next 20 years, one of which will be sited in Southern California. On October 6, 1989, The Baldwin Company and the City of Chula Vista jointly submined a proposal to the University of California Board of Regents to locate a new university campus on Otay Ranch. The proposal identified a site near Wueste Road overlooking Otay Lakes and adjacent to the United States Olympic Training Center. During 1992, the City of Chula Vista and San Diego City Councils and the County Board of Supervisors approved resolutions supponing the Wueste Road location for a university, subject to several conditions; notably, that an environmental process be completed assuring the identification and protection of significant resources. ,/ -- 9 -- / /) r--7 {j UNIVERSITY LOCA nON AND PHASING MAY 18, 1993 CITY PLANNING COMMISSION The GDP/SRP Land Use Map identifies the geft!flil location for tBe l'eteBtial a university campus within ViIJa2es 9 and 10 and potentiallv westerly of Wueste Road. If the a university. acceptable to the local jurisdiction. UB:iversity ef CaIifeFftia aeeides to leeateEl ea tBe locates within Otay Ranch, the ~ size of the campus, ~ location and intensity of Beeessary support land uses wiIJ be su9jeet te eoverned by discretionary action by the appropriate governmental agency. University Policies o The GDP/SRP Land Use Map sftell symeelieally ideatity identifies a geBefEll location for a university campus and associated compatible uses within ViIJages 9 and 10 and westerly of Wueste Road. The university site general location shaH include, but not be limited to, 400 + / - (usable) usable acres~ adjaeeftt te 'Vl::U~ste Read. +he These 8:fe& areas shaH also be assigned &fl ~ \:lBderlyiftg secondary land use designation which shaH be 1:ltili:zed activated, should tlie University ef CalifeFftia a university Eleeide not fa locate in the area. o The university designation shaH be the primarv land use in ViIJages 9 and 10. The university designation shaH be depicted on the Otav Ranch Land Use Map within ViIJage 9 and 10. Villages 9 and 10 shaH also have villalZe secondarv land use designations. as described in Part II. Chapter 1. Section F9 and FIO. The express goal of the GDP/SRP is to orovide a university land use designation for sufficient duration to enable a university to locate within Otav Ranch. However it is rec02nized that if. a universitv does not locate within Otav Ranch after an adequate opportunity has been afforded. the vilJalZe land use designation wilJ be activated. Activation of the village land use designation shall not occur until buildout of Western Phases I. II. and III. as identified in the Ola)' Ranch Phasing Plan. However. if a university is selected prior to the buildout of Western Phase I. II and III. the Phasing Plan may be modified. Any amendment to the Phasing Plan proposing to accelerate the development of a Village land use on the designated universitv site will require a GP and GDP Amendment. o The Uni',ersity ef CaIifemia SBe1:lld Be FeEl\iired te A university shall prepare an Environmental Impact Report which would identify and protect any significant environmental resources that cannot be mitigated. o The UB:iyersity of Califemia A universitv should be required to prepare an analysis to ensure compatibility with adjacent villages. o If me \:lftiversit}' eleets to laeate wimiB t:Be Performance standards shall be adopted to address design, access and resource protection for any university proposed on the Otay Ranch. Managemeftt Preserve, me The Resource Management Plan shall be re-evaluated 2 /fJ,7i ~ \0 UNIVERSITY LOCA nON AND PHASING MAY 18, 1993 CITY PLANNING COMMISSION to ensure that the siting of this facility does Dot interfere with or adversely impact the goals, objectives and policies of that plan. o If the anlversitj' eleets to leeate, perl'omlmee staftdar4s shall be adapted to addfess desigR, aeeess ana reS€laFee preteetieB. o If the 1:miversity reqaifes more land theft desigaated by t:he GDP/SR.n Land Use Uap, tramfers of resideBtial deBSity shall be eJta:miBed OR a ease by ease basis. o If tfte ~ university requires Otay Ranch land designated by the GDP/SRP Land Use Map as neighborhood or community park, the local park requirements shall be reviewed on a case-by-case basis." (GDP/SRP; Part II, Chapter 1, Section F, Page 155) Delete fIrst bullet under "Other Village Nine Policies": o The mixture of IIUie! uses, deasities, aAd serviees reql:iwed for a l:irHversit)' may ea1:lse chaRges m the fabrie of the COHUBl:lnlt?)' east of SR 125. This village aRd adjaeeftt villages shall be Fe exammed, sRO\:ild t:he Uah'ersity be located withiB the O~y RaBeR. (GDP/SRP; Part II, Chapter 1, Section F, Page 157) Add graphic showing university as the primary land use (See attached exhibit): (GDP/SRP; Part II, Chapter 1, Section F, Page 160) Delete fIrst bullet under "Other Village Ten Policies" : o The laRd l:lses fer this village ed adjaeeftt villages will be Fe examined, sa0l:ild the UnI':ersity be located with:i:B me Ofay R:aBoa. The mixatfe of led a5eS, aensities, aRd services re<il:liree for a l:lBiversity may reql:ift ehaftges iB the fabric of tBe eOmHM:lrHf)' east of SR 125. (GDP/SRP; Part II, Chapter 1, Section F, Page 161): Add graphic showing university as the primary land use. 3 ) jJ ~-?5t/ .~ UNIVERSITY LOCATION AND PHASING MAY 18, 1993 CITY PLANNING COMMISSION (GOP/SRP; Pan III, Page 341) Add the following policy: The phasin~ of development within Villages 9 and 10 shall be consistent with the policies in Part II. Chapter 1. Section 0.4.. regarding the potential university site. " (GDP/SRP, Part m, Plan Implementation; Page 23): Modify as follows: University [Village 9. 101 The Uai',ersity af CaHfePBia A university locatini on the Otay Ranch should be required to prepare an Environmental Impact Report which would identify and protect any significant environmental resources that cannot be mitigated. If ~ me university eleets to locate~ on the site, the Resource Management Plan shall be re-evaluated to ensure that the siting of this facility does not interfere with or adversely impact the goals, objectives and policies of that plan. Performance standards shall be adopted to address design, access and resource protection. If the liaiversity re~ires more laas thaa ElesigftBted 1:1)' 1he GDP/SR.n wd Use UBI', trililSfers ef residefttial deasity shall be exam:iBed eft a ease ey ease easis. The mixture of land uses, densities and services required for a university may cause changes in the fabric of the community east of SR-125. Should the university be located within Otay Ranch, impacted villages shall be re- examined (GDP/SRP Pages 109, 155, 160, 165). (GDP/SRP; Part II, Chapter 1, Section C, Page 68) Add the following land use designation: l! University A University is the primary land use in Villages 9 and 10. Villages 9 and 10 shall also have village secondary land use designations, as described in Pan II. Chapter 1. Section F9 and FI0. Activation of the villaie land use designation shall not occur until buildout of Western Phases I. II. and m. as identified in the Otav fW1ch Phasini Plan. Any amendment to the Phasing Plan proposing to accelerate the development of a Village land use on the designated university site will require a GP and GDP amendment. 4 If) /?f) -~ \'2 UNIVERSITY LOCA nON AND PHASING MAY 18, 1993 CITY PLANNING COMMISSION *** University Potential University site expansion is indicated bv this desig:nation. UBiversi~ site pstefttial is indieated "y tftis designatisB. The laeatisB is eSB5i:;teftt with fCsshnisBS sf the Ci~ af ChYla Vista, C0\lBty sf SIR Diega &BEl Ci~ af Se Diege. A General Plan Amendment is required for implementation of this land use. (:\Ul'VLANG2.CC) 5 ) /) ~~~ ~/ .. .-. jf} ,- gr) UNIVERSITY SITE (Modification to GP Fig. 1-2, Planning Commission Recommendation (This modification also affects map exhibit for Village 9 & 10 on Pales IS7 & 161 of GDP) ~-- - , \..: . o University Site (See Chapter 14, General Plan lcxt, for secondary land use designation) EXPANDED DEVELOPMENT AREA VILLAGE 2 (Modification to GP Fig. 1 -2) Planning Commission Recommendation (lbis modification also affects map exhibit for Village 2 on Page 126 of GDP) /0 ~(ji ~. ~ (<oJ .....- L.2 ., . - :'j ..... - --, I I -. I . I . --------' . . .t',. ''to,. ' , .l'';/' . f1'_# / J" , C"." . ".,,;" . t!.~ . I OTAY RANCH City of Chula Vista #~ ~~ : L;' . n I . . S~ Development Expansion Area EXPANDED DEVELOPMENT AREA PLANNING AREA 17 (Modification to GP Fig. 1-2) Planning Commlaalon Recommendation (This modification also affects map exhibitffGorDVp)iUaae 17 on -10 _ Page 203 0 .~. r ( ) ~)--~7 \fc Table I-A. CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDATION FOR VILLAGE 15 AREA UNITS ACRES UNITS/ ACRE MIN. LOT SIZE A 53 53 1.34 1 B 69 69 2.00 1 C 27 27 1.33 1 D 112 16 7.00 E 133 19 7.00 F Commercial 21 10 ac. buildable G 19 28 0.68 1.5 H 22 33 0.67 1.5 I 17 34 0.50 2 J 40 79 0.51 2 K 24 48 0.50 2 TOTAL 516 427 (Vll.US.REel ) fJ -6" ') ( ~ TRANSIT-RELATED THRESHOLDS MAY 18, 1993 CITY PLANNING COMMISSION Sections of the GDP/SRP would have to be modified in order to accommodate the Planning Commissions' concern regarding the phasing and funding for regional transit. It is recommended that new language be added to the following sections: Page 210: Mobility Goals, Objectives & Policies Page 224: Trolley System Goals, Objectives & Policies Page 228: Processing requirements for mobility items (GDP; Part II, Chapter 2, Section B, Page 210) Modify objective and add policy: GOAL: ACHIEVE A BALANCED TRANSPORTATION SYSTEM WHICH EMPHASIZES ALTERNATIVES TO AUTOMOBILE USE AND IS RESPONSIVE TO THE NEEDS OF RESIDENTS. Objective: Study, identify, and designate corridors, if appropriate, as well as participate in funding for rail and transit facilities. Policy: The Otav Ranch shall contribute its fair share of funding for programs for the construction of regional light rail and transit facilities. (GDP; Part II, Chapter 2, Section B, Page 224) Add Policy & Implementation Measure: Trolley System/Express Bus Transit Svstem Regional transportation plans envision the expansion of the light rail system to connect the existing system to the international border and various urban areas, including Otay Ranch. Until this system is in place an interim reeional express bus transit system is proj)Osed. Objective: The Otay Ranch land use and mobility plans shall incorporate regional plans for the expansion of the light rail system and interim reg.ional express bus system. Policy: Provide a phased master plan for the inte~tion of an interim reg.ional express bus system throue.h the Otay Ranch. 1 /)-~ 11', TRANSIT -RELATED THRESHOLDS MAY 18, 1993 CITY PLANNING COMMISSION Implementation Measure: Prior to. or concurrent with. the first SPA Plan. a master olan shall be orepared for an interim re~ional exoress bus transit system which will precede the li~ht rail transit system. Policy: Developer shall contribute its fair share of fundin2 for pro~rams for the construction of a re2ional li2ht rail transit system and interim ~l express bus system which will run throu2h the Otay Ranch. .. . . Implementation Measure: The approval of any Tentative Subdivision Mao for the Otav Ranch shall-be conditioned on the proiect contributing its fair share of funding for programs for the construction of a regional light rail transit and interim re~ional express bus system through the Otav Ranch. (GDP; Part II, Chapter 2, Section C, Page 228) Add Tentative Map processing requirement: Processing Requirements o Tentative Map Requirements . Conditioned to contribute its fair share towards fmancin2 mechanisms for construction of local and re~ional li~ht rail and interim re2ional express bus transit facilities. (:\TRANsm.cC) 2 /1) .~g/ _ Zo -- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (FPEIR 90-01) FOR THE OTA Y RANCH PROJECT; AMENDING THE GENERAL PLAN OF THE CITY OF CHULA VISTA TO INCLUDE THE OTAY RANCH PROJECT AREA; APPROVING THE OTAY RANCH GENERAL DEVELOPMENT PLAN, INCLUDING A RESOURCE MANAGEMENT PLAN, A VILLAGE PHASING PLAN, FACIliTY IMPLEMENTATION PLANS, AND A SERVICE/REVENUE PLAN; MAKING CERTAIN FINDINGS OF FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUAliTY ACT; ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM; AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERA TIONS. I. Recitals A. Project Site. WHEREAS, the area of land which is subject of this resolution is diagrammatically represented on Attaclunent A, attached hereto and incorporated herein by this reference; is commonly known as the Otay Ranch Project; and for the purpose of general description herein consists of approximately 23,088 acres located south of the rural community of Jamul, 2 miles north of the United States-Mexico border, abutting the western Chula Vista City limits, and the eastern boundary of which is generally State Route 94 ("Project Site"); and, B. Project. WHEREAS, a person having control over all or a portion of the development of the Project Site, to-wit: the Otay Vista Associates, L.P., (formerly known as the Baldwin Vista Associates, L.P.) ("Developer") has applied to the City for approval of an Otay Ranch Project (New Town Plan). The proposal has been modified throughout project review, resulting in the following project (Modified Phase n Progress Plan) ("Project"): to develop a mixed use (residential, commercial and industrial) community. The Project would involve 23,088 acres, which includes approximately 160 acres identified as the EastLake Land Swap Parcels (proposed residential and commercial General Plan land use designations) and would allow a maximum of 27,179 dwelling units, all of which is more specifically described in Section 2.0 "Project Description" of the document entitled "Candidate Findings of Fact", Attaclunent B hereto incorporated by this reference. (References to the "Project" herein refer to the project f: \home\planning\duane\ccrcso.ocyDRAFT May 18. 1993 Reso OlaY Ranch Project Paae 1 /t---~() ~ J-I-- description contained in the Candidate Findings of Fact, and take precedence over any inconsistencies with other descriptions or references to the Project herein contained) An additional 891 units (maximum) would be allowed on the EastLake Land Swap Parcels; and, C. Memorandum of Understanding. WHEREAS, on August 1, 1989, the City Council, by Resolution No. 15220, adopted . a Memorandum of Understanding (MOU) between the City of Chula Vista and the County of San Diego to establish a joint planning project approach and team for the processing of the Otay Ranch Project, including among others, a General Plan Amendment, General Development Plan, and Environmental Impact Report; and, WHEREAS, said MOU empowered an Interjurisdictional Task Force (lTF) to establish Goals, Objectives and Policies which would guide the preparation of various project alternatives for development of the Otay Ranch; and, WHEREAS, all the staff and Planning Commission preparation and recommendations regarding the Project have been made in accordance with said MOU, and this Resolution is being considered and acted upon concurrently with a similar one before the San Diego County Board of Supervisors; and, D. Application for Discretionary Approvals. WHEREAS, on September 8, 1989, the Developer filed applications with the City of Chula Vista for a General Plan Amendment and a General Development Plan, including Resource Management, Village Phasing, Facility Implementation, and Service/Revenue Plans ("Supporting Documents") and Prezoning (all of which may jointly be referred to herein as "Discretionary Approvals Applications"); and, E. Planning Commission Record on Applications. WHEREAS, a public hearing on the Discretionary Approvals Applications was duly noticed before the Planning Commission at the meetings of April 29, May 15, May 16, May 22, May 29, June 17, July 31, August 19, September 11, September 16, October 7, October 12, October 19, October 23, October 29, November 4, November 12, November 20, December 2, December 9, December 18, 1992 and January 15, January 27, January 29, Febuary 3, Febuary 10, Febuary 19, Febuary 24, March 13, March 17, March 24, March 31, April 14, April 22, May 8, May 13, and May 18, 1993; and, WHEREAS, the Planning Commission, at a public hearing held on April 29, May 15, May 16, May 22, May 29, June 17, July 31, August 19, September 11, September 16, October 7, October 12, October 19, October 23, October 29, November 4, November 12, November 20, December 2, December 9, December 18, 1992 and January 15, January 27, January 29, Febuary f: \homelplanninglduanclccreso.otyDRAFT May 18. 1993 Reso OIllY Ranch Project Page 2 j 6J'~/ I -d~- 3, Febuary 10, Febuary 19, Febuary 24, March 13, March 17, March 24, March.31, April 14, April 22, May 8, May 13, and May 18, 1993, considered the Discretionary Approvals Applications, took evidence as set forth in the record of its proceedings, which are incorporated herein by reference as if set forth in full, made certain fmdings as set forth in their Recommending Resolution PCM-90-03, and recommended to the City Council the approval of said Discretionary Approvals Applications based on certain terms and conditions; and, F. City Council Record on Applications. WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on July 30, September 24, September 30, October 7, October 22, November 4, November 24, 1992, and , 1993 on the Discretionary Approvals Applications, and to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same; and, G. Discretionary Approval Ordinance. WHEREAS, at the same City Council meeting at which this Resolution is being considered, the City Council of the City of Chula Vista will also consider placing on frrst reading an ordinance, Ordinance No. by which they may approve the Prezoning of PC (Planned Community) zone for all or a portion of the Otay Ranch (22,529 acres) ("Discretionary Approvals Ordinance"), to be effective only upon annexation; NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista City Council does hereby find, determine, resolve and order as follows: II. Planning Commission record. The proceedings and all evidence introduced before the Planning Commission at their public hearings on the Draft PEIR, held on September 16, October 7, October 12, and October 19, 1992 and their public hearing on this Project held on April 29, May 15, May 16, May 22, May 29, June 17, July 31, August 19, September 11, October 23, October 29, November 4, November 12, November 20, December 2, December 9, December 18, 1992, and January 15, January 27, January 29, Febuary 3, Febuary 10, Febuary 19, Febuary 24, March 13, March 17, March 24, March 31, April 14, April 22, May 8, and May 13, 1993, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. FPEIR Contents. The FPEIR consists of the following: A. "Final Program Enviromnental Impact Report - Otay Ranch Project" (EIR 90-01) prepared by Ogden Enviromnental and Energy Services and dated December, 1992, SCH f: lhomelp1anninlllduanelccn:so.OlyDRAFT May 18. 1993 Reso OIllY Ranch Project Paae 3 )ti /7~ _ :) 3- # 89010154 (two volumes), which contains the Draft Program Environmental Impact Report ("DPEIR") distribution date July 31, 1992, revised to reflect responses made to comments on the DPEIR; and B. Technical Reports to the Draft Program Environmental Impact Report (Appendices A, B and C, and Volumes I through IX); and C. Comments and Responses to Comments to the DPEIR. IV. FPEIR Reviewed and Considered. The City Council of the City of Chula Vista has reviewed, analyzed and considered FPEIR 90-01, the environmental impacts therein identified for this Project; the Candidate Findings of Fact ("Findings" or "CEQA Findings") attached hereto as Attachment B, the proposed mitigation measures contained therein, the Mitigation Monitoring and Reporting Program ("Program") attached hereto as Attachment C, and the Statement of Overriding Considerations which is attached hereto as Attachment D, all of which are incorporated herein by this reference, prior to approving the Project. V. Certification of Compliance with CEQA. The City Council does hereby fmd that FPEIR 90-01, the Candidate CEQA Findings, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. VI. Independent Judgment of City Council The City Council finds that the FPEIR reflects the independent judgment of the City of Chula Vista City Council. VII. Conditional Approval of General Plan Amendments. The Chula Vista General Plan text and diagrams are amended as set forth in the document entitled "City of Chula Vista General Plan Amendments," and dated December 18, 1992, are hereby approved subject to the General Conditions hereinbelow set forth. VITI. Conditional Approval of the General Development Plan. The City Council does hereby approve the General Development Plan for the Otay Ranch Project (e~titled the "Otay Ranch General Development Plan/Subregional Plan", dated October f:\home\planning\duane\~reso. OlyDRAFT May 18. 1993 Reso OlaY Ranch PrOject Pqe4 . J!; // Y - ~4-- 5, 1992) (Modified Phase II Progress Plan with the "Industrial Use Option" for Village 3, including the Supporting Documents), subject to the General Conditions hereinbelow set forth. IX. General Conditions of Approval. The approval of the foregoing Discretionary Approvals Applications which are stated to be conditioned on "General Conditions" are hereby conditioned as follows: A. Project Site is Improved with Project. Developer, or their successors in interest, shall improve the Project Site with the Project as described in the FPEIR, except as modified by this Resolution. B. Discretionary Approvals Ordinance Becomes Effective. The Discretionary Approvals Ordinance, is introduced, adopted and becomes effective. C. Implement Mitigation Measures. Developer shall diligently implement, or cause the implementation of, all mitigation measures identified in the FPEIR that are found by this resolution to be feasible. D. Implement the Mitigation Monitoring and Reporting Program. Developer shall implement, or cause the implementation of, the Otay Ranch Project Mitigation Monitoring and Reporting Program. X. Consequence of Failure of Conditions. If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. XI. Findings of Consistency with the General Plan. The City Council hereby finds that the Project, including but not limited to the adoption of the General Plan Amendment, and the General Development Plan, including the Supporting Documents, is and will be consistent with the general plan as amended by this Resolution based on the following: f; \home\planninglduanelccreso.OlyDRAFT May 18. 1993 Reso Otay Ranch Project PaceS ) j) --;11 -- :;;~ / Land Use The General Development Plan consists of Goals, Objectives and Policies that provide for unique and new concepts to the City of Chula Vista. These include rural estate development areas with large lot development~ the development of a community structured around a "village" concept, a resort development near the Lower Otay Reservoir and other features. The Amendments to the General Plan include new land use designations which provide for the above concepts, and include an expanded land use diagiam which extends the City's General Plan boundary to the limits of the Otay Ranch. Circulation The circulation system design, included in the Otay Ranch General Development Plan, consists of a road hierarchy designed to provide for the following: (a) ensure that regional traffic is provided for both on and offsite, (b) major transportation corridors will not bisect individual villages thereby protecting a pedestrian-oriented development plan, and (c) provide residential streets designed to encourage the use of alternate modes of transportation other than the automobile, including golf carts, bicycles and transit. Amendments to the General Plan include revising roadway segments on and offsite to accommodate expected local and regional traffic and to modify the Bicycle and Public Transit routes to incorporate the Otay Ranch planning area. Public Facilities The General Development Plan includes Facility Implementation Plans which provide a policy framework for the provision of master plans for Water, Wastewater, Drainage/Flood Control and other systems. Amendments to the General Plan provide for application of these policies to include the intire Otay Ranch. Housing Goals, Objectives and Policies contained within the General Development Plan such as the provision of a diverse range of housing styles, tenancy types and prices, the provision of Regional Share housing allocations, Fair Share housing provisions and special housing needs for the handicapped,. and the elderly blend with the existing Goals of the City's General Plan. f: \home\planning\duane\ccreso.OlyDRAFT May 18. 1993 Reso OlaY Ranch Project Page 6 ) {)- 5~~ -d4- Growth Management The General Development Plan provides a policy framework that will ensure that public facilities be provided concurrent with need. A Village Phasing Plan for the Otay Ranch is provided as part of the GDP which must be updated along with the preparation of a Public Facilities Financing Plan, a Transportation Phasing Plan update, and an analysis on adherence to the facility threshold standards. Each is required in conjunction with each SPA plan. This is consistent with the Goals and Objectives of the City of Chula Vista's General Plan Growth Management Element and Program. . Parks and Recreation The General Development Plan provides for local park land in accordance with current City park acquisition and development requirements and establishes policies which will result in a master parks plan at the next level of project review. This is consistent with the Goals, Objectives and Policies contained in the existing General Plan. Amendments to the General Plan assure that the parks and recreation policies of the GDP are consistent with the General Plan. Safety Element The General Development Plan provides Goals and Objectives and Policies addressing General Public Safety, Seismic Disturbances, Geologic Phenomena, Fire, Crime, Health Emergency, and Hazardous Substances, and is consistent with the policies of the General Plan. Noise The General Development Plan addresses noise issues with Goals, Objectives and Policies that are consistent with the City of Chula Vista General Plan with the overall goal of promoting a quiet community and ensuring that residents are not adversely affected by noise. Eastern Territories The General Development Plan for the Otay Ranch provides a community design which incorporates many of the features currently contained in the Eastern Territories Plan portion of the existing General Plan, including a major regional commercial center, regional transit, a university, significant open space, local parks which are linked, and distinct neighborhood identities. Amendments to the General Plan expand the Eastern Territories planning area but also include many f: \home\planning\duane\ccreso.otyDRAFT May 18. 1993 Reso DillY Ranch Project Paae7 )[J ~1 ~ -JJ)- of the major features of the current General Plan. The General Plan Amendments assure consistency of the Project with the General Plan. XII. CEQA Findings, Mitigation Monitoring Program, and Statement of Overriding Considerations . A. Adoption of Findings. The City Council does hereby approve, accept as its own, incorporate as if set forth in full herein, and make each and every one of the fmdings contained in the "Candidate Findings of Fact" (Attachment B). B. Certain Mitigation Measures Feasible and Adopted. As more fully identified and set forth in the FPEIR for the Otay Ranch Project (FPEIR-90-01) and in the CEQA Findings (Attachment B), the Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described as feasible in the above referenced documents, are feasible, and will become binding upon the entity (such as the project proponent, the City, or the school district) assigned thereby to implement same. C. Infeasibility of Alternatives. As is also noted in the above referenced environmental documents described in the above subparagraph B, each of the alternatives to the project which were identified as potentially feasible in the FPEIR, except the Modified Phase II Progress Plan, are found not to be feasible since they could not meet both the objectives of the Project and substantially lessen or avoid the identified significant environmental effects for the reasons set forth in said CEQA Findings. D. 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 ("Program") (Attachment C). The Council hereby fmds 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 feasible mitigation measures identified in the Findings and the Program. f:\home\planning\duane\ccreso.otyDRAFT May 18. 1993 Reso Olay Ranch Project Pace 8 /tY/5' 7 --- d-8 ' E. 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 Guideline Section 15093, a Statement of Overriding Considerations in the fonn set forth in Attachment D, identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects acceptable. xm. Notice of Determination 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 Detennination is f1led with the County Clerk of the County of San Diego. XIV. 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 tenn, provision and condition herein stated; and that in the event that anyone or more tenns, provisions or conditions are detennined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to fonn by Robert A. Leiter Director of Planning Bruce Boogaard City Attorney f:\home\p!anning\duane\ccrcso,OlyDRAFT May 18. 1993 Reso Otay Ranch Project Paae9 /1)--;6 - d- 9 ..- ATTACHMENT A ....- .'._--"~" t.- - ':::'~.J''' ~. ~~' '-,',- ~ \ -:- ~. _..~:~- -:-..~:.. -:~"l r~ -~._~ .::;~~: " \ ~, ..~- {~:, -- ~. . .......,"! --:, ..~ ~ -: .~... ..~ -, . G~ '. ~ ~---....".L: -. ..,-~ \.-..... . ~... -:".. '---~--- ' '7:... -:.- _i - - . -- - - . #' - - . . ' , . - . ,_ .';;0 ,__- ~_.--' or;. .' .. ~ .. ..:. ~-' ) - -:. - ,',---'- .:.. -- , .., . . '-~ .: ,-.:::=- .,. - _ ~ .~;;:.:. _ .::~.~t__~ ~ .' ~-" -~ - --, ,'- - ~ ~..;;,:;:ji -:-._.'f .- .i-'..JtJa.::..- -.....-~. - rJT.AY ~AIN -, 1. I :-..:.:.. ~-.,- --~-,' -..- -... - ~ .... - - .., :... ,.., ~ '. .- -~.~~.: :-+"!7 - J --- ::":!..:~-\'...~1:-~; ctrAY aANaI IIOtJNDoUY ~~-,;>"'!:Y":oior ~-;:....~ )- '~ ' - , !:, :::."."'"--=. ~"11 '. ~--~ . --=- "~~ ';;' ., ,- - =-'-----~,~------. . .,s'-..:- .,r<-I'-]~-; , ::~~D . .' '.: - r '_ -'. []IIlj OTAY RANCH PROJECT ." - - -- -'~ " ~- ' . ~_..:-.:----:~IOl'DP - . u.a....SlCO~ ,Q- ,...-.."..--.......... fIlET t~~~~~~?1 ..;; -- -- . ... ., _/ I. . \. _":::- I ~~;j--;~~1~~~c- t,' :~ . :;;:;'~:..~ OTAY RANCH LOCATOR MAP ! f) ~ 77 3v,- ATTACHMENT B FINDINGS OF FACT (CEQA FINDINGS) [To be prepared] I!J ..- / &10>t) - 31, ATTACHMENT C MITIGATION MONITORING ~'D REPORTING PROGRAM [To be prepared] If} '-) I) / - 3:;1../ ATTACHMENT D ST A TEMENT OF OVERRIDING CONSIDERATIONS [To be prepared] /(1 r/ 0;;2.., v , _ '33/ DRAFf CITY OF CHULA VISTA CITY COUNCIL ORDINANCE ) tJ --I u')-? ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (FPEIR 90-01) FOR THE OTAY RANCH PROJECT; PREZONING MOST OF THE OT A Y RANCH TO THE PC (pLANNED COMMUNITY) ZONE; MAKING CERTAIN FINDINGS OF FACT PURSUANT TO THE CAliFORNIA ENVIRONMENTAL QUAliTY ACT; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS. I. Recitals A. Project Site. WHEREAS, the area of the land which is subject of this ordinance is diagrammatically represented on Attachment E (Attachments A through D omitted), attached hereto and incorporated herein by reference; is commonly known as Otay Ranch Project; and for the purpose of general description herein consists of approximately 22,529 acres (the Project Site defined in the Discretionary Approvals Resolution , excluding 3 EastLake Landswap parcels, approximately 160 acres in size, and 390 acres within jurisdiction of the City of San Diego) located south of the rural community of Jamul, 2 miles north of the United States-Mexico border, abutting the western Chula Vista City limits, and the eastern boundary of which is generally State Route 94 ("Project Site"); and, B. Project. WHEREAS, a person having control over all or a portion of the development of the Project Site, to-wit: the Otay Vista Associates, L.P., (formerly known as the Baldwin Vista Associates, L.P.) ("Developer") has applied to the City for approval of an Otay Ranch Project (New Town Plan). The proposal has been modified throughout project review, resulting in the following project (Modified Phase II Progress Plan) ("Project"): of 27,179 dwelling unitsto develop a mixed use (residential, commercial and industrial) community. The Project would involve 23,088 acres, which includes approximately 160 acres identified as the EastLake Land Swap Parcels (proposed residential and commercial General Plan land use designations) and would allow a maximum of 27,179 dwelling units, all of which is more specifically described in Section 2.0 "Project Description" of the document entitled "Candidate Findings of Fact", Attachment B to the Discretionary Approvals Resolution incorporated by this reference. (References to the "Project" herein refer to the project description contained in the Candidate Findings of Fact, and take precedence over any inconsistencies with other descriptions or references to the Project herein contained) An additional 891 units (maximum) would be allowed on the EastLake Land Swap Parcels; and, f: \home\planning\duane\ccord .olyDraft May 18. 1993 Ord RE Otay Ranch Project Page 1 / f) '---j [) i( - 3'1-- C. Memorandum of Understanding. WHEREAS, on August 1, 1989, the City Council, by Resolution No. 15220, adopted a Memorandum of Understanding (MOU) between the City of Chula Vista and the County of San Diego to establish a joint planning project approach and team for the processing of the Otay Ranch Project, including among others, a General Plan Amendment, General Development Plan, and Environmental Impact Report; and, WHEREAS, said MOU empowered an Interjurisdictional Task Force (lTF) to establish Goals, Objectives and Policies which would guide the preparation of various project alternatives for development of the Otay Ranch; and, WHEREAS, all the staff and Planning Commission preparation and recommendations regarding the Project have been made in accordance with said MOU, and this Resolution is being considered and acted upon concurrently with a similar one before the San Diego County Board of Supervisors; and, D. Application for Discretionary Approvals. WHEREAS, on September 8, 1989, the Developer filed applications with the City of Chula Vista for a General Plan Amendment and a General Development Plan, including a Resource Management, Village Phasing, Facility Implementation, and Service/Revenue Plans ("Supporting Documents") and Prezoning (all of which may jointly be referred to herein as "Discretionary Approvals Applications"); and, E. Planning Commission Record on Applications. WHEREAS, a public hearing on the Discretionary Approvals Applications was duly noticed before the Planning Commission at the meetings of April 29, May 15, May 16, May 22, May 29, June 17, July 31, August 19, September 11, September 16, October 7, October 12, October 19, October 23, October 29, November 4, November 12, November 20, December 2, December 9, December 18, 1992 and January 15, January 27, January 29, Febuary 3, Febuary 10, Febuary 19, Febuary 24, March 13, March 17, March 24, March 31, April 14, April 22, May 8, May 13, and May 18, 1993; and, WHEREAS, the Planning Commission, at a public hearing held on April 29, May 15, May 16, May 22, May 29, June 17, July 31, August 19, September 11, September 16, October 7, October 12, October 19, October 23, October 29, November 4, November 12, November 20, December 2, December 9, December 18, 1992 and January 15, January 27, January 29, Febuary 3, Febuary 10, Febuary 19, Febuary 24, March 13, March 17, March 24, March 31, April 14, April 22, May 8, May 13, and May 18, 1993; considered the Discretionary Approvals Applications, took evidence as set forth in the record of its proceedings, which are incorporated herein by reference as if set forth in full, made certain fmdings as set forth in their f: \home\planning\duane\ccord .oty Draft May 18. 1993 Ord RE Otay Ranch Project Page 2 )[lJ ,-/tJS' - 3.r> Recommending Resolution PCM-9O-03, and recommended to the City Council the approval of said Discretionary Approvals Applications based on certain terms and conditions; and, F. City Council Record on Applications. WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on July 30, September 24, September 30, October 7, October 22, November 4, November 24, 1992, and ,1993 on the Discretionary Approvals Applications, and to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same; and, G. Discretionary Approvals Resolution. WHEREAS, at the same City Council meeting at which this Ordinance was introduced for first reading ( , 1993), the City Council of the City of Chula Vista adopted Resolution No. by which it amended the City's General Plan, approved the Otay Ranch General Development Plan, including its Supporting Documents ("Discretionary Approvals Resolution"); NOW, THEREFORE, the City of Chula Vista does hereby ordain as follows: II. Planning Commission record. The proceedings and all evidence introduced before the Planning Commission at their public hearings on the Draft PEIR, held on September 16, October 7, October 12, and October 19, 1992 and their public hearing on this Project held on April 29, May 15, May 16, May 22, May 29, June 17, July 31, August 19, September 11, October 23, October 29, November 4, November 12, November 20, December 2, December 9, December 18, 1992, and January IS, January 27, January 29, Febuary 3, Febuary 10, Febuary 19, Febuary 24, March 13, March 17, March 24, March 31, April 14, April 22, May 8, May 13, and May 18, 1993, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. FPEIR Contents. The FPEIR consists of the following: A. "Final Program Environmental Impact Report - Otay Ranch Project" (EIR 90-01) prepared by Ogden Environmental and Energy Services and dated ~cember, 1992, SCH # 89010154 (two volumes), which contains the Draft Program Environmental Impact Report ("DPEIR") distribution date July 31, 1992, revised to reflect responses made to comments on the DPEIR; and B. Technical Reports to the Draft Program Environmental Impact Report (Appendices A, Band C, and Volumes I through IX), and f: \home\planning\duane\ccord .oty Draft May 18. 1993 Drd RE Dray Ranch Project Page 3 / j) .~/t) J; -36,- C. Comments and Responses to Comments to the DPEIR. IV. FPEIR Reviewed and Considered. The City Council of the City of Chula Vista has reviewed, analyzed and considered FPEIR 90-01, the environmental impacts therein identified for this Project; the Candidate CEQA Findings attached to the Discretionary Approvals Resolution as Attachment B, the proposed mitigation measures contained therein, the Mitigation Monitoring and Reporting Program attached to the Discretionary Approvals Resolution as Attachment C, and the Statement of Overriding Considerations which is attached to the Discretionary Approvals Resolution as Attachment D, all of which are incorporated by this reference, prior to approving the Project. V. Certification of Compliance with CEQA. The City Council does hereby fmd that FPEIR 90-01, the Candidate CEQA Findings, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. VI. Independent Judgment of City Council. The City Council fmds that the FPEIR reflects the independent judgement of the City of Chula Vista City Council. VII. Findings for Approval of PC Zone Pre zoning The City Council does hereby make the following fmdings of fact required by Chula Vista Municipal Code Sections 19.12.020 and 19.48.050 for approval to prezone the Project Site as the PC (Planned Community) Zone: A. The proposed development as described in the General Development Plan adopted concurrently herewith, will result in conformance with the General Plan as also amended concurrently herewith, based on the reasons set forth in Section XI of the Discretionary Approvals Resolution. B. The frrst SPA Plan for the Project is expected to be submitted within one year after approval of the General Development Plan, and therefor the proposed development can be initiated within two years of establishment of the PC Zone. f: \home \planning\duane\ccord .otyDraft May 18. 1993 Ord RE Otay Ranch Project Page 4 J j) -i ~' ? - 31- C. The project designed predominantly around a transit-oriented village concept, is substantially different than other planned communities within the Eastern Territories of the City. Basic needs of each residential neighborhood have been planned for and it is expected that the proposed development will be compatible with surrounding areas. The proposed development will constitute a residential environment of subtained desirability and stability and the public facilities required to be provided are adequate to service the anticipated population and are acceptable to public authorities having jurisdiction. D. Proposed project industrial areas are adjacent to the Otay Industrial Park and Brown Air Field and adjacent industrial parks. This will result in logical extensions of existing industrial land use patterns. They are appropriate in area, location, and overall design, and the required design and developmental standards will create an industrial environment of sustained desirability and stability, as well as meet the performance standards established by Title 19 of the Chula Vista Municipal Code. . E. Community parks are appropriate in area, location and overall planning and have been planned in areas that minimize potential adverse impacts to adjacent residential areas. F. The Project circulation system is suitable and adequate and will result in acceptable levels of service. Proposed modifications to the circulation system within the General Plan planning area will result in acceptable levels of service. G. Village core commercial areas are designed to adequately service individual, and in some cases, adjacent villages. Larger, freeway-oriented commercial services, as well as mixed use regional commercial services are provided within a centralized regional commercial center. All proposed commercial areas are adequate and justified economically at the proposed locations. H. Many areas adjacent to the Project are either permanent open space or have been developed already. Land use patterns are compatible with all adjacent developed areas and future potential development areas. I. Public necessity, convenience, general welfare, and good zoning practice support the pre zoning to PC. VITI. Conditional Adoption of Prezoning to PC (Planned Community) zone. The Zoning Maps established by Section 19.18.010 of the Chula Vista Municipal Code are hereby amended by adding thereto the following prezoning of property pursuant to Section 19.12.020 of said Code which zoning shall be subject to the General Conditions set forth herein below and become effective at and upon the date the subject property is annexed to the City of Chula Vista: f: \home\planning\duane\ccore!. ory Draft May 18. 1993 ore! RE Olay Ranch Project Page S J[)--/()~ -3~, That certain property consisting of approximately 22,529 acres located south of Jamul, two miles north of the United States-Mexico border, abutting the current western boundary of Chula Vista, and bounded on the east by State Route 94 to PC (Planned Community), as shown on Attachment E hereto. IX. General Conditions of Approval. The foregoing discretionary approval, stated to be conditioned on "General Conditions," is hereby conditioned on the occurrence of the General Conditions as set forth in Section IX of the Discretionary Approvals Resolution. X. Consequence of Failure of Conditions. If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. XI. Candidate Findings of Fact, Mitigation Monitoring Program, and Statement of Overriding Considerations . A. Adoption of Candidate Findings of Fact. The City Council does hereby approve, accept as its own, incorporate as if set forth in full herein, and make each and every one of the fmdings contained in the "Candidate Findings of Fact" attached to the Discretionary Approvals Resolution (Attachment B). B. Certain Mitigation Measures Feasible and Adopted. As more fully identified and set forth in the FPEIR for the Otay Ranch Project (FPEIR-90-01) and in the Candidate CEQA Findings the Council hereby fmds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described as feasible in the above referenced documents, are feasible, and will become binding upon the entity (such as the project proponent, the; City, or the school district) assigned thereby to implement same. f: \home\planning\duane\ccord. oty Draft May 18, 1993 Ord RE Otay Ranch Project Page 6 / () --:) e) / - 31- C. Infeasibility of Alternatives. As is also noted in the above referenced environmental documents described in the above subparagraph B, each of the alternatives to the project which were identified as potentially feasible in the EIR, except the Modified Phase IT Progress Plan, are found not to be feasible since they could not meet both the objectives of the Project and lessen or avoid the identified significant environmental effects for the reasons set forth in said CEQA Findings. D. 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 ("Program") (Attachment C). The Council hereby 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 feasible mitigation measures identified in the Findings and the Program. E. 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 Guideline Section 15093, the Statement of Overriding Considerations (Attachment D) in identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects. acceptable. XIIT. Notice of Determination 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. XIV. 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 ordinance shall be deemed to be automatically revoked and of no further force and effect ab initio. f: \home\p1anninl!\duane\ccord. oty Draft May 18. 1993 Ord RE OlaY Ranch Project Page 7 I t\ -iII [;J - LfD- XV. 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 Robert A. Leiter Director of Planning Bruce Boogaard City Attorney f: \home \planning\duane\ccord. oty Draft May 18. 1993 Ord RE Otay Ranch Project Page 8 /tl ---)/ / -tjl- ATTACHMENT E PREZONE TO PC (plANNED COMMUNITY) ,.., ....., :-~"--",,... :.......-J r , , r-"'--' . : \ ! r-arAY RANCH BOUNDAR.Y I ...rE: r-------, : ~._-- ~...., I L--'.l i r:.-J N~.P. I i .J i =-J L" r---_": ,: , _.. l... , . . .,.--.J 1_ " r...... r....J . : r-! : ~.._.. " , N' ~.P · L' _.n,. . 1 ....1 : , , : ."~ , N~.P....1 ,/ "'\..' '7 :-1" .,,..' /' v .. ... <" r-' )' .. .-' ' \,~ . ~... r-' : I' -..---, ........."....--> ""..........'1 : ~_______...J r,'oo-.' rJ ~-.I r.- , ~.1 , ":"i r.. --; LL. [ 1,1 ~_..: ,: -"1~" I L L....J r'-.'; '-00' ....1 ...., : L...._.._..--J ,.,.-", / : r'., / L;.. , \ ') i; i --' LASTLAKE LAND SWAP PARCELS~" g (NOT A PART OF PREZONE) f: ,/ ;,... 001 / N~.P. '.. , " '" -., / .~..:.:-.. n)" " ~ ~ N~.P. \ .-., \...-"1 ~ ) N~.P. r' (~ , ...) \ ~~ ..,....",.,.., I \ 'N.A.P ; : \ L!...._;. I \...\.-.._..'L....-r:l r.J L.....J \ -- CTTY OF SAN DIEGO IURlSDIC170N (NOT A PART OF PREZONE) o NOT TO SCAU! NAP. . NOT A PAIrr QP.PRirlDNJNG OTAY RANCH PREZONE MAP )1) ---//eA - L/-~- RESOLUTION NO. GP A-93-04 A RESOLUTION OF TIlE CITY OF CHUlA VISTA PlANNING COMMISSION RECOMMENDING THA TTIIE CITY COUNca AMEND TIlE GENERAL PlAN FOR 74 ACRES lOCATED WI1HIN TIlE EASTI..AKE GREENS COMMUNITY, SOUTII OF EASTI..AKE lDGH SCHOOL AND ON BOrn SIDES OF TIlE EXTENSION OF EASTI..AKE PARKWAY . WHEREAS, a duly verified application for a General Plan Amendment wasJilcid with the Planning Department of the City of Chula Vista on September 15, 1992 by the EastLake Development Company; and WHEREAS, said applications requested that approximately 74 acres (reconfigured from the original request for 51 acres) located within the EastLake Greens community, specifically located on the west side of the southerly extension of EastLake Parkway, south of EastLake High School (Sub Area 1) and east of the southerly extension of EastLake Parkway, south of EastLake Greens Golf Course (Sub Area 2) as diagrammatically depicted on the Attachment A, be amended from Low Medium Residential (3-6 du/ac), Public/Quasi-Public and Open Space, to Medium Residential (6-11 du/ac), Medium-High Residential (11-18 du/ac), Public/Quasi-Public (reconfigured) and Open Space, and that the alignment for EastLake Parkway as shown on the General Plan land use and circulation diagram be adjusted; and WHEREAS, the Planning Commission set the time and place for a hearing on said 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 the Property at least ten days prior to the hearing in accordance with Government Code Sections 65358, 65091 (a) 1 and 2 and Chula Vista Municipal Code Section 19.12.070; and WHEREAS, an Initial Study (Case No. 93-16) was prepared for the proposed project; and WHEREAS, the Environmental Review Coordinator recommends that the project be found to have no significant impacts which were not discussed in EIR 86-04 for the EastLake Greens project, and recommends the adoption of an Addendum for the proposed project; and WHEREAS, the General Plan Amendment has not been amended more than three (3) times this calendar year and the Planning Commission intends the General Plan Amendment recommended for approval by this action be heard, considered, consolidated and treated as one General Plan Amendment along with the Otay Ranch General Plan Amendment; and - t/-3- )[J-I!] WHEREAS, the City Council, as a condition of Resolution No. 15200, for the EastLake Greens Tentative Map, required a low and moderate income housing program with an established goal of a 5% low and 5% moderate, and deferred.said low and moderate income housing condition requiring that it be further evaluated as a factor in the analysis of the General Plan density policies as they relate to parcels R-24, R-25, R-26 (Sub Area #1), and R-28; and, WHEREAS, the. proposed General Plan Amendment would provide the potential for additional density on parcel R-26 (Sub Area #1) and therefore the additional potential to provide affordable housing units within the EastLake Greens project to be analyzed further at the General Development Plan level; and, .- " ,,. - WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m., March 3, 1993, and continued to April 12, April 28, and May 12, in the Council Glambers, 276 Fourth Avenue, then continued to May 13 and May 18, in the County of San Diego Department of Planning and Land Use Hearing Room, 5201 Ruffin Road,.San Diego, again continued to May 26, 1993, in the Council Chambers, before the Planning Commission and said hearing was thereafter closed. NOW TIlEREFORE BE IT RESOLVED THAT from the facts presented to the Planning Commission the Commission finds that the project would have no significant environmental impacts which were not discussed in EIR 86-04 EastLake Greens project, and adopts the Addendum to Environmental Impact Report EIR 86-04. BE IT FURTHER RESOLVED THAT from the facts presented to the Planning Commission, the Commission recommends that the City Council enact the draft resolution as attached hereto to amend the General Plan to redesignate 74 acres located on both sides of the southerly extension of EastLake Parkway, south of EastLake High School, and south of EastLake Golf Course, from Low Medium Residential (3-6 du/ac), Public/Quasi Public, and Open Space to Medium High Residential (11-18 du/ac), Medium Residential, Public/Quasi-Public (reconfigured) and Open Space, and that the alignment for EastLake Parkway as shown on the General Plan land use and circulation diagram be adjusted as diagrammatically shown on Attachment A 2 / /J -))1 - 41-" BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the owners of the property and to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 26th day of May, 1993 by the following vote, to wit: AYES: Chair Fuller, Commissioners Carson, Martin, Moot, Ray, Tarantino NOES: None ABSE~: Commissioner Tuchscher ABSTENTIONS: None . , ../ ':.. i::~-- ~~; Sus .Fuller, Chairperson ATTEST: ~ ~ , '~~ ~~~ Nancy R pley, S re eastlkpc.rsl 3 -- -l./-J ,. ) !},!/.r - , \ - . =, ~ , ,. , t N .: 800' \ , \ .-4" " . . " , , - -.~ ~ "~. \ \ , \ \ \ " \ 't - )~. \ " .... , "- i I I --' J / AMENDMENT AREAS i~' / [0 PROPOSED GENERAL PLAN 0.1> ~.r ~ ~~ O~ " GPA 83-04 /()~//k " EASTLAKE GREENS -f6- '-1!'~rB a 1 81 a u a UI:NnU~NT ATTACHMENT B PLANNING COMMISSION RECOMMENDATION EastLake Greens GPA Existing Proposed General Plan YfA Low-Medium Residential (3-6 du/ac) S2 acres 3 acres ,; f Medium Residential (6-11 du/ ac) o acres 24 acres '.- - Medium-High Residential (11-18 du/ac) o acres 20 acres Open Space o acres 9 acres Circulation Streets 9 acres 2 acres Public/Quasi-Public 13 acres 16 acres Total 74 acres 74 acres / j) >/ J 7 - IJ] - ~ ! ~VQ)_ ~!f,! j IIJi;~I!itlll! jjJJ~~~l!i~ ~ - .....;. ~ :E ~ ::J: 5 ~ 2 Q. B ~ fa ~ - - - , r ~ ~(!) ';/"7 en c: 0) e~ (!)a.;. o 0)<<1 ~q- jr--- ..... en co W - ~------ - .----.--- -..-..-........ . . ,~ J . /{;'__)/~ -19,- < ADDENDUM TO EN\1RONMENT AL IMP ACT REPORT EIR-86-04 EASTLAKE GREENS SPA EASTLAKE TRAILS PREZONE & ANNEXATION I. Introduction PROJECT NAME: Eastlake General Plan Amendment PROJECT LOCATION: East of proposed SR-125 alignment; south of Telegraph Canyon Road, north of Orange Avenue ASSESSOR'S PARCEL #: Book 595 (Assorted parcels) . ; '" PROJECT APPLICANT: Eastlake Development Company CASE NO: IS-93-16 DATE: January 15, 1993 II. Background The environmental review procedures of the City of Chula Vista allow the Environmental Review Coordinator (ERC) to prepare an addendum to a Negative Declaration or Environmental Impact Report, if one of the following conditions is present: 1. The minor changes in the project design which have occurred since completion of the Final EIR or Negative Declaration have not created any new significant environmental impacts not previously addressed in the Final EIR or Negative Declaration; 2. Additional or refined information available since completion of the Final EIR or Negative Declaration regarding the potential environmental impact of the project, or regarding the measures or alternatives available to mitigate potential environmental effects of the project, does not show that the project will have one or more significant impacts which were not previously addressed in the Final EIR or Negative Declaration. This addendum has been prepared in order to provide additional information and analysis concerning land use, drainage, traffic and school impacts. As a result of this analysis, the basic conclusions of the Environmental Impact Report have not changed. Land use, drainage, traffic, and school impacts are found to be less than significant for the proposed project. Therefore, in accordance with Section 15164 of the CEQA Guidelines, the City. has prepared the following addendum to the Environmental Impact Report for the Eastlake Greens SPA Eastlake Trails Prezone & Annexation. JCr~) --)) I .- L/- Cj - DI. Project Setting The project involves two-parcels totaling approximately 74 acres. The fIrst parcel is located on the northwest comer of Palomar Street and Eastlake Parkway, bounded to the east by the plann~ SR-125 alignment. The second parcel is north of Orange A venue along the western and southern boundaries of the EastLake Greens SPA, where it adjoins the Otay Ranch property (see parcels R-26, PQ-l, and R-9 on Exhibit A). The land is currently vacant and has been used in the past for dry farming and cattle grazing. The parcels have been graded and are covered with native grasse~. . , "" ~ Project Description IV. The proposed project is an amendment to the Chula Vista General Plan. ~ originally proposed and analyzed, Eastlake Greens called for a total unit count of 3,609 dwelling units. In approving the project in 1989, the City Council reduced the density and unit count of five parcels in Eastlake Greens, R-24, R-25, R-26, R-27, and R-28, from High Density (18-24 dulac) to a density of 4.5 dulac (see Exhibit A). Overall dwelling units were reduced from 3,609 to 2,774, a reduction of 835 dwelling units. The current GPA proposes increasing the density of parcel R-26 from Low-Medium to High Residential (18-27 dulac), changing parcel PQ-l from Public/Quasi-Public to Public/Quasi-Public and High Residential, and increasing the density of parcel R-9 from Low Medium Residential to Medium High (11-18 dulac) as sho\W on Exhibit B. The proposed GP A would increase the density range of these parcels from 156-312 residential units to 583- 891 residential units. This is a potential increase from 427 to 579 residential units. A summary of these changes is provided below. Eastlake Greens original project After reductions by Council in 1989 With proposed GP A: - midpoint of range - maximum end of range Total Units 3,609 2,774 3,274 3,353 Exhibit B of this document provides a detailed breakdown of the changes in General Plan designations and acreage associated with the proposed project. Subsequent actions required to implement the project will include amendments to the adopted EastLake Greens II General Development Plan (GDP) and EastLake SPA Plan. These actions will be subject to future environmental revie';J at the time the particular projects are proposed. V. Compatibility witb Zoning and Plans The proposed project involves a General Plan Amendment (GP A) on two separate sites which are currently designated for approximately 52 acres of residential development, 2 / () / )t~t) _50- 13 acres of public and quasi-public. development, and 9 acres for transportation infrastructure. The project proposes altering the General Plan designations to 41 acres of residential, 14 acres of public and quasi-public, 17 acres of open space, and 2 acres of major circulation systems. The density range of the parcels would increase from 156-312 units to 583-891 units. The zoning on the site is "Planned Community" (PC), and the project is compatible with this zoning. VI. Compliance with the Threshold Standards 1. FirelEMS . .. The Threshold Standards require that fire and medical Ullits UlUst be able to respond to calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the cases. The City of Chula Vista has incjicated that this threshold standard will be met, since the nearest fire station is 4 -miles away and would be associated with a 5 minute response time. The proposed project would comply \\lth this Thresholq Standard. In addition, Fire Station 6 will open in January 1993, approximately 1/2 mile and 2 minutes away from the project site. Specific development projects could be required to meet additional, site-specific Fire Department requirements. 2. Police The Threshold Standards require that police units must respond to 84% of Priority I calls within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.10% of Priorit)' 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. The proposed project will comply with this Threshold Standard. The Police Department has indicated that the proposed project \\111 not impact police services. 3. Traffic The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "0" may occur during the peak two hours of the day at signalized intersections. Intersections west of I-80S are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this policy. The proposed project will comply with this Threshold. The proposed General Plan Amendment will not have an impact on traffic circulation systems. According to the City Traffic Engineer, the actual change /()'~/c2/ - 5"1- in land use associated with the implementation of the GP A may impact adjacent local street segments and nearby intersections. Therefore, further traffic analysis may be required at the time specific development is proposed. See Section VI for a more detailed analysis of traffic mitigation. 4. ParkslRecreation The Threshold Standards for Parks and Recreation is 3 acres/l,OOO population. The proposed project will comply with this Threshold Standards. Payment of park fees may be required at the time specific projects are proposei': .} ': 5. Drainage The Threshold Standards require that storm water flows and volumes-'not exceed City Engineer Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plane s) and City Engineering Standards. The proposed project will comply with this Threshold Standards. Existing one-site drainage consists of surface flow to catchments and city storm water conveyance systems. The proposed GP A will not impact drainage systems, however, improvements to existing facilities will be required when specific development occurs. According to the Engineering Department, off-site drainage flows into Poggi Canyon. Existing facilities 'will not be adequate when the proposed project is implemented. The Engineering Department has indicated that regional drainage improvements may be necessary in the Poggi Canyon area when specific development takes place. Future development will be reviewed on a case-by- case basis. The proposed project, however, will meet this Threshold Standard. See Section VI, for a more detailed discussion of drainage impacts. 6. Sewer The Threshold Standards require that sewage flows and volumes shall not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Planes) and City Engineering Standards. The proposed project will comply with this Threshold Standard. The proposed project would not increase overall solid or liquid waste generation in the Eastlake Greens Sectional Planning Area (SPA). Existing lines in the area include an 8-inch polyvinylchoride (PVC) sewer leading to a 12-inch PVC sewer in Otay Lakes Road. Flows from the Poggi Canyon Basin are pumped to the Telegraph Canyon Basin. Some segments of the Telegraph Canyon Trunk Sewer are over capacity. The City Engineering Department has indicated that 4 /' /: .-- I I) (\ t/;c:><.c:A-. - ~;l -' payment of fees in accordance with the Telegraph Canyon Basin Plan \\ill mitigate these impacts. 7. Water The . Threshold Standards require that adequate storage, treatment, and tranSmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. The proposed project will comply with this Threshold Standard. .; Because Southern California is in its 6th consecutive crit~calr, dfy year, the County Water Authority is recommending a voluntary 10% reduction in water consumption for new development through the use of low flow fi,xtures and drought-tolerant landscaping. Applicants may also be required to participate. in whatever water conservation or fee off-set program the City .of Chula Vista has in effect at the time of building permit issuance. VII. Identification of En,'ironmental Effects School Imoacts EIR-86-04 found that new students will be generated for both the elementary and secondary school systems as a result of the project. One elementary and one high school \\-ill be constructed within the project area. School construction is phased concurrently with residential development. Section 65995 of the California Government Code authorizes school districts to collect fees from developers of both residential and non-residential projects to offset school facility impacts. School facility fees are 51.58 per square foot for residential development and $0.26 per square foot for commercial and industrial development. Both school districts collect their proportional allocation of these fees. For each square foot of commercial and industrial development, the Chula Vista Elementary School District receives 50.12 and the High School receives $0.14 to assist in fmancing school facilities. EIR-86-04 found that impacts to school facilities could be mitigated to a level of less than sigiuficant to the satisfaction of the school districts in the context of existing binding agreements regarding school sites and fmancing. The Planning Department has worked with representatives of both Otay Ranch (the Baldwin Company) and the EastLake Development Company to establish strategies to mitigate school impacts. The Sweetwater Union High School District has indicated that they have no objection to the proposed General Plan Amendment. The Chula Vista Elementary School District has entered into an agreement with the Eastlake Development Company and the Baldwin Company to ensure school impact are mitigated adequately. Therefore, impacts to 5 /!)~/cl3 - ~3- - - schools from the proposed project will be less than significant. Land Use The proposed GP A would have an impact on land use, as it involves altering the use and density on the sites. However, the ..total number of units currently proposed is at least 265 units less than that previously assessed . in the Eastlake Greens EIR-86-04. EIR-86-04 found that implementation of the Eastlake Greens project would not have adverse land use policy impacts, therefore no specific mitigation measures .Dr policies are required for the proposed project. Thus, land use impacts from .the..pr~sed GPA are found to be less than significant. ~ . DrainalZe EIR-86-04 found that no significant, unmitigable impacts to hydrology or drainage would result from implementation of the Eastlake Greens project with impplementation of the recommendations in the preliminary geotechnical report. These recommendations include: minimizing surface runoff into downslope natural areas and graded areas; planting slopes ""ith appropriate drought-resistant vegetation as recommended by a landscape architect; and regularly maintaining drainage devices such as graded berms, swales and area drains. In addition, drainage system plans must be approved by the City of Chula Vista's Department of Public Works. At the time specific development occurs, additional environmental review ""ill be required to ensure impacts to drainage facilities are less than significant. All recommendations contained in EIR-86-04 must be followed to the satisfaction of the City Engineering Division. Traffic In addition to complying with all requirements of the Engineering Division at the time specific development is proposed, the proposed project must comply with the traffic mitigation measures set forth in EIR-86-04, as, follows: 1. Improve Telegraph Canyon Road between State Route 125 and Eastlake GreenslTrails boundary to six lane prime arterial standards. 2. Construct Hunte Parkway and Eastlake Parkway as major roads between Telegraph Canyon Road and Orange Avenue. 3. Construct a southbound SR 125 to eastbound Telegraph Canyon Road loop ramp at the SR 125n"elegraph Canyon Road intersection, or extend SR 125 south to East Palomar Street (which would connect to the Eastlake SPAll street system). 6 /O--/.2y -51- . Compliance with these mitigation measures will ensure that impacts to traffic are less than significant. VIII. Consultation 1. Individuals and OrlZanizations City of Chula Vista: Diana Lilly, Planning Duane Bazzel, Planning Roger Daoust, Engineering John Lippitt, Engineering Cliff Swanson, Engineering Hal Rosenberg, Engineering Bob Sennett, Planning : Ken Larsen, Building and Housing Department Carol Gove, Fire Marshal Captain Keith Hawkins, Police Department Martin Schmidt, Parks and Recreation Department . ; " Chula Vista City School District: Kate Shurson Sweetwater Union High School District: Tom Silva Applicant's Agent: Eastlake Development Company 2. Documents IS-92-21 Addendum to Environmental Impact Report EIR-86-04 Eastlake Greens SPA PlanlTrails Pre-zone and Annexation Final Supplemental Environmental Impact Report Eastlake Village Center South (March 31, 1992) City {\f Chula Vista Environmental Review Procedures EIR-86-04 Eastlake Greens SPA PlanlTrails Pre-zone and Annexation Final Supplemental Environmental Impact Report (ERCE, June 1989) Eastlake SPA I Plan City of Chula Vista General Plan . Title 19, Chula Vista Zoning Code 7 /0 -/2S- -~j, . .... - . Jc ~ >>..1(.)( .c:' -,- . I'TI, ta II all" f" , ~ I' , 'I'll ~ '. ~! 11\1111 ~ .t .1. . 1'.1 : : . . . . · · · : · · · · .1. · .'. . ..... i .. --=.I .. · - - -. t t t t t'. tIll & ~ -. J:":::I.. ~ ....... .;_..~ ;;1.!t.. ~ o I, i i ! 1 "... 5 I I & :: & · I : e.- .'. · ! _ 16 II~ I ~111,n ~ .~. Ii'... .. . III, !Ill t IIIUI II II ~ I ~II = it- ----r - · f!! I 1II1l1h~ ::> II, lUllJm:immmm'm: I II'iiimuniHlUJ Q) .' I i t:1 ' :n . . . <~. . ..~" . . l.IT' ." . . .. .' . . .....: .., . :. . --- I ~11: D:II ill EJ . .. . . ~--& -- EXHIBIT B Existing General Plan Greens SPA Area Residential LM Low-Medium (3-6) AC. 52 DU Ramze 156-312 Midooint 233 Non- Residential PQ Public/Quasi Public o Open Space Circulation TOTAL . ; ""-.' 13.3 o 8.8 74 ac 156-312 du 233 du Proposed General Plan Greens SPA Area Residential AC. DU Ranee Midooint LM Low Medium 3 9-18 14 MH Medium High (11-18) 17 187-306 247 H High (18-27) 21 378-567 473 SUB-TOTAL 41 ac 583-891 du 734 Non-residential PQ Public/Quasi-Public 14 OS Open Space 17 Circulation ..z TOTAL 74 ac 583-891 du 734 du · Acres are gross acres based on planimeter readings. Actual net acres will vary. 8 /(1 ~)~ 7 - S'l- RESOLUTION NO. A RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL AMENDING THE GENERAL PLAN FOR 58 ACRES LOCATED WITHIN THE EASTLAKE GREENS COMMUNITY. SOUTH OF EASTLAKE HIGH SCHOOL AND ON BOTH SIDES OF THE EX'! ENSION OF EASTLAKE P ARKW A Y WHEREAS. a duly verified application for a General Plan Amendment was f1l~ with the Planning Department of the City of Chula Vista on September 15. 199~b~tht EastLake Development Company; and " . WHEREAS. said applications requested that approximately 58 acres located within the EastLake Greens community, specifically located on the west side of the southerly extension of EastLake Parkway. south of EastLake High School (Sub Area 1) and east of the southerly extension of EastLake Parkway, south of EastLake Greens Golf Course (Sub Area 2) as diagrammatically depicted on the attached Anachment A. be amended from Low Medium Residential (3-6 du/ac). Open Space, and Public/Quasi Public, to Medium High Residential (11-18 du/ac) and Public/Quasi-Public (reconfigured), and that the alignment for EastLake Parkway as shown on the General Plan land use and circulation diagram be adjusted; and WHEREAS. the Planning Commission held a public hearing on March 3. and continued it to April 12, April 28. and May 12, 1993 and voted to recommend that the City Council approve the Project; and WHEREAS, the City Council set the time and place for a hearing on said 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 1000 feet of the exterior boundaries of the Property at least ten days prior to the hearing in accordance with Government Code Sections 65358, 65091 (a) 1 and 2 and Chula Vista Municipal Code Section 19.12.070; and WHEREAS, an Initial Study (Case No. 93-16) was prepared for the proposed project; and WHEREAS. the Environmental Review Coordinator recommends that the project be found to have no significant impacts which were not discussed in ElR 86-04 for the EastLake Greens project, and recommends the adoption of an Addendum for the proposed project; and WHEREAS. the General Plan Amendment has not been amended more than three (3) times this calendar year and the Planning Commission intends the General Plan Amendment recommended for approval by this action be heard, considered, consolidated and treated as one General Plan Amendment along with the Otay Ranch General Plan Amendment; and jO-/.2Y -s-s- WHEREAS, the City Council, as a condition of Resolution No. 15200, for the EastLake Greens Tentative Map, required a low and moderate income housing program with an established goal of a 5 % low and 5 % moderate, and deferred said low and moderate income housing condition requiring that it be further evaluated as a factor in the analysis of the General Plan density policies as they relate to parcels R-24, R-25, R-26 (Sub Area #1), and R-28; and, WHEREAS, the proposed General Plan Amendment would provide the potential for additional density on parcel R-26 (Sub Area #1) and therefore the additional potential to provide affordable housing units within the EastLake Greens project to be analyzed further at the General Development Plan level; and, .; f WHEREAS, the hearing was held at the time and place as advertised, namely ~06 p.m., - , 1993, 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 fmds that the project would have no significant environmental impacts which were not discussed in EIR 86-04 EastLake Greens project, ancf adopts the Addendum to Environmental Impact Report EIR 86-04. BE IT FURTHER RESOLVED THAT from the facts presented to the Planning Commission, the Commission recommends that the City Council enact the draft resolution as attached hereto to amend the General Plan to redesignate 58 acres located on both sides of the southerly extension of EastLake Parkway, south of EastLake High School, and south of EastLake Golf Course, from Low Medium Residential (3-6 du/ac), Open Space, and Public/Quasi Public, to Medium High Residential (11-18 du/ac) and Public/Quasi-Public (reconfigured), and that the alignment for EastLake Parkway as shown on the General Plan land use and circulation diagram be adjusted as diagrammatically shown on Attachment D (Attachments Band C not included). Presented by Approved as to form by Robert A. Leiter Director of Planning Bruce M. Boogaard City Attorney IISllktC.rsJ 2 -~9- /0 -/2.1 THE CIn' OF CHUU nSTA PAR1l'DISCLOSURE STATl:.MENT .;)ultement of disclosure of cenain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The foIlo.....mg information must be disclosed: 1. List the names of aU persons having a financial interest in the contract, i.e.. contractor, subcontractor, material supplier. EASTLAKE DEVELOPMENT COMPANY . f - ,- 2. If any person identified pursuant to (1) above is a corporation or pannership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any pannership interest in the pannership. : DAVID B. KUHN, JR T"lt.~'T1='T T"l Th~1=' J.G. BOSV:ELL 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person sen-ing as director of the non-profit organization or 8S trustee or beneficia!)' or trustor of the trust. N/A 4. Ha\'e you had more than 5150 worth of business transacted v.ith any member of the City staff, Boards, Comr:;issions, Committees and Council v.ithin the past twelve months? Yes_ No ~ If yes, ple~se indicate person(s): ~. Please identify each and ever)' person, including any agents, employees, consultants or independent COnt!'Jctors who you have assigned to represent you before the City in this matter. ~OB ~~!\TQS KEN'! ADE!\ KA'!), WRIGHT 6. Have you and/or your officers or agents, in the aggregate, contnbuted more than SI,OOO to a Councilmember in the current or preceding election period? Yes _ No ~ If yes, state which Councilmember( s): P"f"ln is defined as: -Any indi, "idunl, Jiml, co.pnnn~nhip, joint ,'r1ttllrt, lUSocinrion, socinl clllb,!rntmtnl orrnnizDtion, corpornrion, C'SIIIIl', 1nlSt, rtcti"tT. s)'ndi'tl1t, this mid nn." OIlier COIlIlI)', tit), nNt coun",', cit)'. nlllllicipnlit)', dis"iC/ or orlltr politicnl IlIbcins/u1/, or (IllY olller grOllp or combmtltion ncting ns n IIn;t: , .,~OTE: Attach additional p:l~es :IS neces~'u)') D:lt~: 8_: (.., " - " . I. -... / (7 ---) ][) /' Sisn~tur of co trnctor/applic~nt KATY WRIGHT __&D/ Print or type: ,n:lm~ of co: PLANNING COMMISSION MINUTES /!)~/ 3/ MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 7:00 p.m. Wednesdav. March 3. 1993 Council Chambers Public Services Building 276 Fourth Avenue. Chula Vista ROLL CAI.L COMMISSIONERS PRESENT: Chair Fuller, Commissioners Carson, Martin, Moot, Ray, Tarantino, and Tuchscher COMMISSIONERS ABSENT: None STAFF PRESENT: Planning Director Leiter, Assistant Planning Director Lee, Principal Planner Howard, Associate Planner Reid, Senior Civil Engineer Ullrich, Associate Civil Engineer Ouadah, Assistant City Attorney Rudolf PLEDGE OF ALLEGIANCE - SILENT PRAYER The pledge of allegiance to the flag was led by Chair Fuller, followed by a moment of silent prayer. INTRODUCTORY REMARKS Chair Fuller dispensed with review of the composition of the Planning Commission, its responsibilities and the format of the meeting. ORAL COMMUNICATIONS - None Chair Fuller stated that the order of the agenda would be changed because one of the Planning Commissioners had a conflict of interest on the San Miguel item. The Commission would consider Item 3 first. ITEM 3. PUBUC HEARING: GPA-93-04, APPUCATION BY EASTLAKE DEVELOPMENT COMPANY FOR APPROVAL OF A GENERAL PLAN AMENDMENT FOR 51 ACRES OF EASTLAKE GREENS, LOCATED IN TWO SEPARATE PARCELS, ONE SOUTH OF EASTLAKE HIGH SCHOOL, THE SECOND IN THE SOUTHWESTERN PORTION OF EASTLAKE GREENS J [) -"I 32.. -(PI., PC Minutes -2- March 3, 1993 Principal Planner Howard stated the General Plan Amendment was proposed for two separate parcels totaling 51 acres. Mr. Howard gave the staff presentation and noted that the staff recommendation was to adopt the proposed addendum to the EastLake Greens Sectional Plan Area EIR, finding there were no new impacts of the project not discussed in the EIR; and that the Commission recommend approval of the proposed General Plan Amendment to the City Council. He noted staff recommended the addition of a condition which would clarify (due to the fact this was tied in with the Otay Ranch project in the EastLake Greens landswap area) in case the Commission took a different recommendation on the EastLake landswap portion of the Otay Ranch, reconsideration after a decision on Otay Ranch land uses, since that might change the rationale for land uses on these parcels. Mr. Howard said there had been a community forum where some concerns were expressed regarding the high density area proposal, the impact upon the EastLake Greens Community in terms of the introduction of rental housing, as well as the impact upon the community association. Staff felt the impact regarding introduction of rental housing would be minimal both in terms of its location at the periphery of EastLake Greens and the fact that it would be the only rental housing in this area; that it was a matter between the EastLake Homeowners Association, the development company, and the homeowners as to the disposition of this area within the EastLake Homeowners Association. Commissioner Carson questioned the viability of EastLake returning before the Commission to ask for 450 units which had previously been forfeited to the Kaiser project. She was also concerned about the adjustment which had been made by the City Council on the number of units. Looking at the maximum amount now proposed under the General Plan Amendment, Commissioner Carson said the only difference would be 145 units. She felt this was not the Council's intent. Mr. Howard replied that it was his understanding that of the five areas redesignated, this was the only one that would be coming back for potential redesignation; if this was approved as proposed, there would be a different land use situation in the area that staff felt would justify the proposed change. Regarding the Kaiser facility, the 450 units lost were the only units which would have the potential for affordable housing in either EastLake I or ll. EastLake had a requirement from the Housing Element to provide 5 % low-income households and 5 % moderate- income households. Based upon their application for this area, staff felt this was an appropriate site for a small amount, in comparison to the overall number of dwelling units in EastLake, of potential rental or potential affordable housing opportunities at these densities. Commissioner Carson was concerned about the high density near the high school and the quality of students coming out of the rentals. Commissioner Ray was also concerned about the density increase and the net loss of 38 acres of open space. He asked for the rationale for eliminating the open space. Mr. Howard explained there would still be open space within the projects along the major roadways, but no longer specifically shown on the General Plan. There would not be an actual ) L) -' / :-.1 ) - ft,:J- # PC Minutes -3- March 3, 1993 loss of open space. Regarding the justification for multi-family homes, the property was not suitable for single-family residential uses and there was a need for additional multi-family units to provide for a balanced community within EastLake. in the General Plan, but Commissioner Tuchscher explained that it was the accounting for the oP4n space that was changing; the open space along the major arterials was counted as open space/1UW was no longer being calculated as open space. Principal Planner Howard stated that the General Plan was not meant to be precise as to the exact acreage; it was meant to represent that some buffer would be along the roadway in order to provide a landscaped parkway or landscaped area within a project to buffer to some extent the roadway from the development. It was never meant to be scaled out. Commissioner Tarantino asked about traffic; staff had stated in the report that there would be no significant impact to the threshold, yet the Star-News had reported the project would generate an extra 4,000 trips. Having served on the Growth Management Oversight Commission, he understood that if all five projects along the Telegraph Canyon/Otay Lakes Road were approved, that would already wave a red flag; that all those projects could not be approved and have the current level of service remain the same without violating the threshold. Mr. Howard explained staff's rationale which determined that as long they did not exceed the original unit count that was reviewed for the original proposed project in EastLake Greens, they would not get into new traffic impacts which had not already been accounted for. Commissioner Tuchscher questioned how the land in the aqueduct area was handled, from a construction and density standpoint--could it be built on and the real density. Mr. Howard answered that the aqueduct could not be built on, and had a power line easement. For General Plan purposes, it was also being shown as open space, and was not being counted as part of the density allowed within the high-density area of the proposed General Plan Amendment area. Commissioner Tuchscher concluded that the 400 units on that parcel were net units, not including the aqueduct area. Principal Planner Howard concurred, and noted that there would be additional easements going through that area. He also pointed out that if the General Plan Amendment was approved, EastLake would still need to me a General Development Plan Amendment and a SPA Plan Amendment, and while going through these different procedures the area, after subtracting out areas for roadways and freeway right-of-ways, would get smaller and the density would have to remain in the range. He believed the 405 units at mid-point would probably end up being significantly less than that at the next phases of review. This being the time and the place as advertised, the public hearing was opened. Miss Katy Wright, EastLake Development Company, 900 Lane Avenue, CV, spoke of the previous land swap with the Baldwin Company for a parcel south and west of the subject parcel. In light of that land exchange, this specific proposal was before the Commission. EastLake Jt?-) )f ~t8.... PC Minutes -4- March 3, 1993 Company believed the subject parcels warranted reconsideration in light of the high intensity, high activity uses adjacent to them. The high density parcel had been one of five parcels originally planned, studied, and proposed with the EastLake Greens proposal in 1989 and given an interim low/medium density until such time EastLake could come back before the Commission and Council and consider a more permanent designation on that site. They had not specifically proposed apartments, but were proposing a multi-family use. That would be determined at a different planning stage. Regarding affordable housing, they had met the requirement in EastLake I; in EastLake Greens, the 10% affordable moderate income housing requirement had been set aside until resolution of the density of the five parcels. This particular site was a potential site for moderate-income housing, but a specific type of product home had not been addressed. Chair Fuller asked if that was the only site they would have for high-density affordable housing within EastLake Greens. Ms. Wright said if the proposal was approved, it would be the only high-density parcel in EastLake Greens. It would not, however, be concentrated in one location; it would be a candidate site for a portion of those moderately priced homes. Andre Chapman, 2470 Golfcrest Loop, CV 91915, spoke of the emotional commitment involved in a neighborhood; he believed that by bringing in high density, it would bring in large turnover, landlordship, tenantship, subletting, and the people did not have the same kind of commitment and the same kind of stake in the future of the area. He felt this was a convenient change for the worse. Amir Pishdad, 2471 Golfcrest Loop, CV 91915, said he had lived in apartments and had made a step up to EastLake Greens. It was advertised by EastLake that none of the homes in the area would be apartments. He had written a letter to the Association, which was the developer. The homeowners had not been informed by the Association of the impact of this high density. He concluded there would be a loss of impact of fmancial dollars, as well as the monthly assessments to the Association, if this area was designated for a rental project. It was advertised as a country club type of living and this was not what was being represented at the meeting. He asked the Commission to carefully study this proposal to ensure that the homeowners would not be fmancially impacted; also the renters would not be paying Mello-Roos. Mrs. Tess Sheckler, 1083 Waterville Lake Road, CV 91915, said as a recent property owner in EastLake Greens, she was opposed to the proposed rezoning. She objected to the ambiguity of the developer's statement that the proposed density would dictate housing types which may be for sale or for rent. She saw this as an ill-conceived attempt to force rental properties to be co-located with high-end residential communities and country club living. This would adversely and directly impact property and resale values for existing properties. She and her husband had invested a considerable amount of money and had risked a lot to afford their home. They had no desire to be in close proximity to the type of residences that were being proposed. She considered it a breach of implied contract for the type of community the developers had advertised and sold to her. The renters would not have anything invested in the area and could ~ )[) -/ J)/ -&'1- PC Minutes -5- March 3, 1993 move at any time. She concurred with Commissioner Carson regarding her comments about students. She urged the Commission to not recommend approval of the proposal. She felt the 1989 approval still valid. However, if the Commission did recommend approval, she asked that the Commission recommend prohibition of the number of rentals entirely or severely limit the number of rentals and require that all rentals be included in the Homeowners Association and that they be required to abide by the same Association requirements and covenants that the current homeowners have to meet. George Khoury, 2337 Eastridge Loop, CV 91915, concurred with the prior speakers, and noted that the graffiti began after students started being bused from National City and San Ysidro. He said that when people are brought from other areas that are of low income or high density, that is what the residents would face. He said the developer was mostly interested in turning their money to profit and were trying to create more income by turning the land to rental apartments to create faster income. Oscar Khoury, 2310 Eastridge Loop, CV 91915, was concerned with higher population, higher traffic, more thieves, car thefts, transients who have no concern about cleanliness of the neighborhood, overcrowding the high school, lack of control, and devaluation of homes. He expressed their opposition to the project. Bob McAlister, 2497 Golfcrest Loop, CV 91915, said he wanted to provide a safe community for the people who live there and that the homeowners get to be a part of the Homeowners Association. He was also concerned with the traffic generation; the proximity of the high school; he hoped they would not see bars on the windows of the homes of the country-club style living in EastLake Greens. Teri Pishdad, 2471 Golfcrest Loop, CV 91915, said they had moved out of apartment areas to get away from that, and she hoped they did not have to see that too soon again. The parks already had a lot of graffiti and words the parents did not think their children should be seeing; the parks were very noisy; neighbors couldn't sleep in their master bedrooms in the summer because their bedrooms were next to the park where there was noise until 2 or 3 a.m.; children are being bused in from other areas and some of the area children are having to be sent out to other schools. Martin Valdez, 2350 Eastridge Loop, CV 91915, supported his neighbors' positions and asked that the Commission disapprove the plan. No one else wishing to speak, the public hearing was closed. Commissioner Ray said he was tom on what may have transpired from 1989 to date. There were comments regarding the City allowing something for potential fmancial gains. He wished to go on record supporting staffs position who had taken their direction from City Council; however, he felt the Commission had an obligation to the residents. Although there are no ~ &j, /l'r/J b PC Minutes -6- March 3, 1993 guarantees when anyone purchases property, he thought The Greens development was sold as country style living. He was fIrmly opposed to a density change based on the comments heard at the meeting; he thought there was a reason the Commission recommended and the City Council approved the interim zoning in 1 ~89. He would not like to see that changed at this time. Commissioner Moot questioned staff with respect to the lower triangle--the parcel not adjacent to the high school--and asked if it was medium-high density in the surrounding area. Mr. Howard discussed the various densities in the general area. The triangle was proposed for change to be consistent with the immediate surrounding area. Commissioner Moot asked if the triangular property could be considered separately from the property adjacent to the high school. Mr. Howard answered that it could be bifurcated from the property. At Commissioner Martin's request, Mr. Howard discussed density of several other areas. Commissioner Martin stated that he would oppose the amendment. He liked the idea of the land swap of 169 acres for 169 acres, but after studying it, he felt it was really not the Sameil€feage.. Commissioner Tuchscher asked if everything east of the aqueduct was existing approved land uses. Mr. Howard concurred. Commissioner Tuchscher commented that the audience had done an excellent job presenting their cases and he appreciated their being sensitive to the other speakers and not repeating themselves. He tried to explain to the audience the constraints the City was under regarding affordable housing, stating that affordable housing was mandated by the State. He said everyone likes it until it happens to be in their back yard, then it becomes a negative. The noise, graffiti, etc. was not unique to EastLake or California regardless of densities. It was up to the people who care to take care of it the best they can privately, but also to make sure the City staff is aware that those things are ongoing so the City could respond to it. Commissioner Tuchscher questioned staff as to the urgency in dealing with the amendment in light of the Otay Ranch project currently in process. Mr. Howard answered that it was fIled by EastLake last year, and staff felt that although it was dwarfed by the Otay Ranch, it was a proposal that was in keeping with what was going on with the Otay Ranch and they felt it should be considered at a concurrent time as opposed to a later date after the Otay Ranch is approved. Chair Fuller expressed her feelings regarding fmcting areas to locate affordable housing, not necessarily apartments or rentals. She said the Commission owed it to the people who live in Chula Vista to be able to live everywhere--not just west of 1-805 and south of "L" Street, but in places like EastLake in affordable homes. She was offended by the statements that young people attending Chula Vista schools from affordable housing or apartments didn't measure up. She felt the speakers had presented some valid arguments--the inequity of supporting the Homeowners Association and the fees the homeowners were required to pay, traffic and noise. _ (,t-- Jl)~ /} ? PC Minutes -7- March 3, 1993 Commissioner Carson asked if there was an element in the Affordable Housing that said if a place could not be found in the developer area, that the developer could elect--providing it was recommended by the Department and the City Council--to buy a piece of property elsewhere and put affordable housing in that area. Mr. Howard said the Housing Element included flexibility to consider that. Commissioner Moot commented that it was not a persuasive argument to him to say they did not want other people in their neighborhood; however, he did not like the fact that when decisions are made about affordable housing, it is put in the least attractive place in the project. He felt affordable housing should be spread throughout the project in different pockets of the project. He would like to see the triangular area bifurcated from the project and considered apart from the parcel next to the high school. Commissioner Carson objected to the General Plan Amendment because EastLake had previously given up their 450 units to allow Kaiser to come in and were now requesting the units be built in another area of the project. Commissioner Tarantino said it was also very painful to him to sit through a lot of the public testimony, because he had spent 20 years in education in the areas and in the neighborhoods in which many of the people had talked against. His experience in working with those families and children was different from the apparent perception of the speakers. He could see the rationale for the General Plan Amendment and liked Commissioner Moot's proposal for bifurcation. MS (Moot/Tarantino) to bifurcate the two parcels and consider them in separate votes, starting with the parcel next to the high school and then the triangular parcel. At Commissioner Tarantino's suggestion, the Commissioners decided to consider the triangular parcel fIrst, then the high school parcel since it was more controversial. Mr. Pishdad approached the podium and asked that the Commission not consider the parcels separately. Chair Fuller explained that the Commission was only changing the method, not the intent of the motion. Commissioner Martin agreed with Chair Fuller regarding the sensitivity of schools, but had a problem with the land acre swap which took acreage out of the low Imedium residential and medium residential and put it in medilunlhigh and high residential. He believed it would have impacts on traffic and other thresholds; it would have a cumulative effect; he felt it would set a precedent for future development and there needed to be more control. Chair Fuller clarifIed that the fIrst portion being looked at was the triangle which was medium/high density which was next to medium/high density on three sides. -~1- ;i)-13l PC Minutes -8- March 3, 1993 Commissioner Moot, the maker of the motion, echoed Commissioner Martin's comments but said he saw some logic for consistency in planning and why the change made sense at that time. Commissioner Tarantino said he believed at the SPA level, further refmement in terms of density could be made and in looking at the individual SPAs for those two parcels, the density probably would be less. Mr. Howard concurred. Commissioner Tarantino noted that the safeguards to which the Commissioners were referring were there. Mr. Howard said that these projects, if approved at whatever density, would go through further review. . Commissioner Ray commented that the land use to the west and south (Otay Ranch) had not been officially designated medium/high density. Commissioner Moot concurred, and stated that if the proposed Otay Ranch uses were not approved, the triangle would no longer be consistent and the rationale for changing it would no longer exist. Commissioner Ray noted that much of the area being considered was bordered by Otay Ranch which had not been designated and which had not been addressed. He was concerned that the decision made on this project would be counter to what would be proposed on the Otay Ranch project, and would vote on the triangular parcel with what he would like to see in the Otay Ranch there. Commissioner Carson noted that the SPA plans, when they go back to the Commission, rarely change. It might be adjusted by the City Council, but once the General Plan is approved, it is difficult to change. Commissioner Ray asked if the SDG&E easement running through the property was 200 ft. wide, and asked how much additional buffer there was between the easement and the medium/high density housing. Mr. Howard concurred that the easement was 200 ft., but the additional setback or buffer would be determined at a later date. Commissioner Ray was concerned with the high power lines, and asked if the City had made any recommendation for SPA-level plans regarding buffering. Mr. Howard said there was no current policy, based upon a lack of defmitive information on the nature of EMF. VOTE ON MOTION TO BIFURCATE THE TWO PARCELS FOR DECISION LATER: 6-1 (Carson "no") Answering Commissioner Ray, Mr. Howard said the northern parcel should be referred to as Subarea 1 and the southern parcel as Subarea 2. MS (Ray/Carson) to deny the proposed amendment for Subarea 2. - ft,!- /t)~/3/7 PC Minutes -9- March 3, 1993 Commissioner Tuchscher asked for the maker's rationale. Commissioner Ray said it was based on the density, the location of the power lines, and the fact that he was going to vote for lower density on the Otay Ranch in that area. Commissioner Carson said she believed it was premature and she would be in favor of a resolution with a contingency which gave the Commission the right to come back for discussion, depending on the land use designation of the Otay Ranch. Commissioner Tuchscher concluded that Commissioner Carson would rather defer this decision until the Otay Ranch land use designation had been decided. Commissioner Carson concurred. Commissioner Tuchscher felt there was no more appropriate place for high density than near a high traffic corridor and the power lines. Estate housing could not be put there, from a land use perspective. At the same time, he had some difficulty in dealing with the two small comers surrounded by the Otay Ranch and felt adjacent land uses were critical. He did not believe the land owner should be expected to wait for a decision until after the Otay Ranch land use designation; he felt a decision should be made one way or the other to give the EastLake land owner some direction so they could move forward. However, rather than vote to deny the amendment, he recommended that the maker of the motion modify it to defer the decision until after the next meeting regarding Otay Ranch. Commissioner Ray concurred, and asked that an additional condition which had been presented by staff be read to those in attendance. Chair Fuller read as follows: "Be it funher resolved that the Planning Commission's recommendation of approval for this item is contingent upon Planning Commission recommendation of approval for that ponion of the Otay Ranch Project known as the EastLake Land Swap, and if the Planning Commission makes any recommendation on this area which is significantly different from the staff recommendation, then staff is herelJy directed to return this proposed General Plan Amendment to the next available Planning Commission scheduled meeting agenda for discussion of potential reconsideration of the Planning Commission recommendation." Chair Fuller noted that whatever action the Planning Commission took, if they adopted the accompanying resolution, the issue could be revisited and changed. Commissioner Ray withdrew his motion, and the second agreed. SUBSTITUTE MOTION: MS (Ray/Carson) to table the issue to the fll"St regularly scheduled meeting following the discussion on land use issues Cor the Otay Ranch. Commissioner Moot did not feel it should be put off, and that is was unfair to those who had attended and spoken at the meeting. -b9/ ,/IJ ~ / YcJ PC Minutes -10- March 3, 1993 Assistant City Attorney Rudolf asked that the applicant be consulted as to whether they were willing for the item to be continued. Katy Wright, representing EastLake, concurred with the recommendation of continuance until the Otay Ranch adjacency had been considered. She felt that gave it credence and made it more logical. Assistant City Attorney Rudolf asked that the continuance be to a time and date specific so the item would not have to be renoticed. Assistant Planning Director Lee suggested the item be continued to April 14. Commissioner Martin stated that he wanted to be very clear that he was not for the project because of the land swap; he concurred with Commissioner Moot that a decision should be made. It could still be changed after the Otay Ranch land use designation. AMENDED MOTION: MS (Ray/Carson) to continue the item to April 14, at 7:00 p.m. following the discussion on land use issues for the Otay Ranch. Principal Planner Howard clarified that the motion included the entire proposal, not just Subarea 2. Commissioner Ray concurred. VOTE ON AMENDED MOTION: 4-3 (Commissioners Tarantino, Martin, and Moot voted against) Chair Fuller noted the item had been continued to the meeting of April 14, and thanked those who had attended. Chair Fuller called a 10-minute recess at 8:50. The meeting reconvened at 8:57 p.m. Commissioner Tuchscher was excused from the meeting at this time because of a conflict of interest on the following project. ITEM 1. PUBUC HEARING: CONSIDERATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE RANCHO SAN MIGUEL GENERAL DEVELOPMENT PLAN (EIR 90-02) (SCH-90010155) - 11) -- It1 --/'/ / MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 7:00 p.m. Wednesday. April 28. 1993 Council Chambers Public Services Building 276 Fourth Avenue. Chula Vista ROLL CALL COMMISSIONERS PRESENT: Vice Chair Martin, Commissioners Carson, Ray, Tarantino, and Tuchscher COMMISSIONERS ABSENT: Commissioners Fuller and Moot STAFF PRESENT: Assistant Planning Director Lee, Associate Planner Hernandez, Associate Planner Miller, Acting Library Director Palmer, Senior Civil Engineer Ullrich, Assistant City Attorney Rudolf PLEDGE OF ALLEGIANCE - SILENT PRA YER Since Chair Fuller was out of town on vacation, the pledge of allegiance to the flag was led by Vice Chair Martin, followed by a moment of silence. INTRODUCTORY REMARKS Vice Chair Martin reviewed the composition of the Planning Commission, its responsibilities and the format of the meeting. ORAL COMMUNICATIONS - None MSUC (Ray/Carson) 5-0 to excuse Commissioner Fuller, who was out of town, and Commissioner Moot, who had a business conflict. ITEM 1: PUBLIC HEARING: GPA-93-04; APPLICATION BY EASTLAKE DEVELOPMENT COMPANY FOR APPROVAL OF A GENERAL' PLAN AMENDMENT FOR 51 ACRES OF EASTLAKE GREENS, LOCATED IN TWO SEPARATE PARCELS, ONE SOUTH OF EASTLAKE HIGH SCHOOL, THE SECOND IN THE SOUTHWESTERN PORTION OF EASTLAKE GREENS -1/~ /!) -/Yc~ PC Minutes -2- April 28, 1993 Assistant Planning Director Lee noted that a letter had been received from EastLake asking for continuance of this item to May 12, 1993, to coincide with action on the Otay Ranch. MSUC (Carson/Ray) 5-0 (Fuller and Moot excused) to continue GPA-93-04 to the meeting of May 12, 1993. , - 1:;"- //)//7/)7 PC Minutes -2- May 12, 1993 Chair Fuller noted that the following two items would be heard concurrently, since they were related items. ITEM 3: PUBLIC HEARING: GPA-92-03, OTAY RANCH PROJECT (DISCUSSION ~ ON 169 ACRE EASTLAKE LAND SWAP PARCELS ONLY) (continued from the meeting of 4-22-93) ITEM 4: PUBLIC HEARING: GPA-93-Q4; APPLICATION BY EASTLAKE DEVELOPMENT COMPANY FOR APPROVAL OF A GENERAL PLAN AMENDMENT FOR 74 ACRES OF EASTLAKE GREENS, LOCATED IN TWO SEPARATE PARCELS, ONE SOUTH OF EASTLAKE HIGH SCHOOL, THE SECOND IN THE SOUTHWESTERN PORTION OF EASTLAKE GREENS (continued from the meeting of 4-28-93) Senior Planner Bazzel presented the staff report. Using the overhead, he indicated the changes being recommended and gave staffs rationale for the recommendation. Since this was a continued public hearing for the Otay Ranch on the EastLake Land Swap parcels, staff recommended that the Commission take tentative action and continue the meeting to the following night, and that the tentative action fold in with the fmal action on the Otay Ranch. On the EastLake Greens GP A, staff recommended that since CEQA required the Planning Commission to review the EIR for the EastLake Greens and certify that they had read the EIR and considered it before taking fmal action on the project, staff recommended that the General Plan request be continued until after fmal recommendation on the Otay Ranch to give the Commission an opportunity to review the EastLake Greens EIR and certify that before making their fInal recommendation. Commissioner Ray stated that be was uneasy about bringing the item before the joint Commission meeting the following night. Mr. Bazzel said that staff had hoped to conduct all discretionary action on the item at this hearing in line with the tentative action previously taken on the Otay Ranch project, of which /f) ~/yr -13~ PC Minutes -3- May 12, 1993 the land swap parcel was a part. That would be folded into the City of Chula Vista's portion of the joint Commission's fmal recommendation on the Ranch. It would not be open for additional discussion the following night. Replying to Commissioner Ray, Mr. Bazzel said the EIR prepared for this project (Land Swap) was all-encompassing for the Otay Ranch. Chair Fuller clarified that tentative action should be taken on the land swap portion which would be folded into their fmal decision and no additional discussion would be needed. Assistant City Attorney Rudolf explained that if and when fmal action was taken, the tentative action on this project should be before the joint Commissions. Because of the complications with the environmental review on the EastLake portion, action could not be taken at this time. The EastLake portion would continue to travel with the Otay Ranch, so when Otay Ranch was fmalized, the next action would be to finalize the EastLake Greens GPA recommendation. Commissioner Moot asked Mr. Bazzel to show on the overhead the staff alternative plan which showed the land swap area, and questioned the number of units. Mr. Bazzel explained that within the land swap parcels themselves, there was a total of 739 units proposed. Commissioner Moot asked staff s rationale regarding the medium high as opposed to medium density--if it was because of the transit corridors and the desire to emphasize the use of transit that a medium-high along the corridor was better. Mr. Bazzel answered that staff felt a medium-high designation along the corridor provided flexibility in achieving some product types in a higher density range. The densities would be analyzed in greater detail at the General Development Plan and SPA levels to determine where the most appropriate higher density products would occur in order to provide some affordable units . Commissioner Moot noted that at a previous meeting, some of the public expressed concerns regarding high density adjacent to a high school, in addition to other concerns. The exact location of higher densities as opposed to the less high densities within the medium high average would be dealt with in more detail at the SPA level. Mr. Bazzel concurred. Assistant Planning Director Lee pinpointed some other areas which had similar density, and discussion ensued regarding density and the problems. Commissioner Carson stated that she would be more comfortable with the medium residential with the range starting at 264 to 484 with a mid point at 8 dulac or a total of 342 units. Mr. Lee stated that part of staff's rationale was to hopefully provide a mechanism of addressing housing needs, and the opportunities were limited. They felt there was an opportunity with this parcel to provide some affordable housing. With medium density, some of the opportunity would be lost. - /}tj / J}}'/ /~ic; PC Minutes -4- May 12, 1993 Commissioner Carson noted that she did not wish to change all of the areas, but would propose the M-H to go to Medium by the high school, allowing the other two areas to be used for affordable housing. She stated that the Commissioners needed to look seriously at any planned community with affordable housing early-on rather than having it at the end of the project. Commissioner Carson felt it forced the Coinmission to make a decision for affordable housing density so the City would be in compliance. Assistant Planning Director Lee concurred, and said staff had been working very closely with the City Housing Coordinator in looking at these at various stages of the projects to work out the details. Commissioner Tuchscher was concerned about the procedures and how they related to the atay Ranch Project. He did not feel this project should be held up, based upon someone else's process, and would like to separate it from the atay Ranch process. He asked for staff to comment. Senior Planner Bazzel stated that the applicant, EastLake Development Company, had been working with staff for some time, and had indicated that they realized that the EastLake Greens companion request was dependent largely on the action on the landswap parcels and the atay Ranch. They had indicated they were willing to trail the item until the City had made a decision on the atay Ranch and landswap parcels; the atay Ranch would set the circulation and density patterns in the surrounding area. Commissioner Tuchscher expressed his concern that the Council and Board may not act as quickly as originally anticipated and it would hold up approval of the subject item. He asked that the applicant comment on this when the public hearing was opened. Senior Planner Bazzel reiterated that the Planning Commission must also certify that they had read and reviewed the EastLake Greens EIR and adopt the Addendum before taking action on the Greens companion request. Because of that technicality, staff was recommending continuance of the item. Commissioner Tarantino questioned the distance of the medium-high density housing from the high school property. Mr. Lee said it was basically contiguous, separated only by the 240' wide easement on the west side. Mr. Bazzel stated that there was a slight elevation difference; the high school site was slightly above that portion of the property. This being the time and the place as advertised, the public hearing was opened. Katy Wright, 900 Lane Avenue, Chula Vista, representing the EastLake Development Company, agreed with Commissioner Carson that affordable housing needed to be addressed early in the project and stated that by 1989/1990, they had met the affordable housing requirement for EastLake I. The proposal being considered was their effort to continue to be /6~~/L/6 - ?S'- PC Minutes -5- May 12, 1993 ahead of the main flows in meeting those requirements and getting out ahead of any controversy. In terms of being tied in with the Otay Ranch process, Ms. Wright said they believed and agreed that it was tied to the Otay Ranch process from a planning standpoint and needed to go with it because it put it in context. She noted that the landswap had been closed approximately six months before and they actually owned the property. She continued by showing slides of some of the types of product style that would be considered in the area. Ms. Wright noted there was a concern of the homeowners about membership in the homeowners association which had been brought up at the previous meeting. She said they had met with the homeowners several times trying to address their concerns and they had made a diligent effort to meet them. They would bring the homeowners association issue before the homeowners at an appropriate time and they would be able to vote on it. Regarding the Kaiser hospital site, Ms. Wright said their proposal did not represent a regathering of units lost there. That was a land sale that was consummated to a hospital; the current proposal would have come before the Commission regardless of what happened at that site. Ms. Wright stated that they felt it was important to be able to provide high density and a variety of housing products; they felt this site was the right location for high density, given the adjacency of the land uses, the transit corridor, etc. She asked for support of the EastLake proposal. Commissioner Moot asked for EastLake's rationale in their proposal for high density next to the C-R (Commercial-Retail) designation. Ms. Wright said the entire area of the EastLake activity corridor was a center of activity, the site referred to was immediately adjacent to an easement, south of a possible reservoir and a future City park site, there were some recreational opportunities there, and it was immediately adjacent to a major roadway. They felt it was an opportunity to bring more affordable and a variety of home products to the EastLake community. Commissioner Moot asked about the P-Q designation directly north. Ms. Wright answered that it was currently, but would not necessarily remain, a reservoir site. They were in ongoing discussions with the Water District on whether or not they would need that site. If they did not, there was a good possibility it could be made a church site. No one else wishing to speak, Chair Fuller closed the public discussion of these items. She noted that the Commission was to take tentative action on the General Plan Amendment for the EastLake land swap parcels which included directing staff to modify the necessary documents to reflect the Commission's tentative action. . MS (CarsonlRay) to take tentative action to accept the General Plan Amendments for the EastLake Land Swap Parcel and EastLake Greens, with the staff recommended alternatives with one correction: that the section with the medium-high designation located by the high school be changed to medium. JI)~)i7 - 1iP - PC Minutes -6- May 12, 1993 Commissioner Ray commented that he would be more comfortable if everything to west of the corridor was medium; however, he understood some other conditions exist which may preclude that. He questioned the assumption that affordable housing had to be in a medium-high, high density area. He agreed with Commissioner Carson that affordable housing should not be left as a "tag-on" item. Assistant Planning Director Lee said he thought there was an opportunity, with higher densities, to provide subsidies in terms of rent structures. They were not necessarily looking at a for-sale product, but to get people qualified at a low- or low-moderate income level into a livable space. It was a matter of economy in terms of number. There were more problems associated with single-family detached or lower-density attached products in terms of trying to accommodate any sort of number in that income range. Chair Fuller noted that the higher densities were mixed in with the medium and lower densities around the lake; that it was done early on, and it was the product type that allowed it to be more affordable. It wasn't considered affordable housing, but was higher density which lowered the cost and made it more affordable for the fIrst-time homebuyers. That was the reason for medium high as opposed to medium when talking about offering a more affordable product to more people to buy. Commissioner Ray understood the economics but felt there should be some option. He would prefer to see a medium density there. If they chose to put affordable housing there, he was sure the developer could make it work. Commissioner Martin said he could support the motion because they were nice homes; people with a lower income could afford them; he felt it should be in the corridor and that would be where the transportation centers would be, and a light-rail system if one were built. Commissioner Tuchscher did not understand the conflict between a higher density product and a school, and asked Commissioner Carson about her concerns there. Because of the major highway and the utility easement, it made sense to him to have high density in that area with it being close to a school and park. Commissioner Carson had attended a youth summit the same night as the prior Commission meeting and had listened to students speak regarding their concerns about gangs with no place to go except to hang out in a park; there was not a decent teen club. Ms. Carson did not believe there was any wall, freeway, or area that a child could not get to if they wanted to be there. They go over the fence and tag on the inside of the school. She hoped the gangs were not here to stay, but that there may be some other kind of gang in the future. Chair Fuller asked how Commissioner Carson related the gang problem with any more intensity in a medium high density area next to a high school, to gang activity, and shootings in estate homes. She asked Commissioner Carson to explain what she felt the danger was in having medium high next to a high school or park. / fJ ~~ /'/~< -1'7-, PC Minutes -7- May 12, 1993 Commissioner Carson stated that she lived by a park and the students from the junior high rumble in the park at about 3: 15 a.m. behind her house. She said the park was patrolled by police officers because of the gang activities; they had heard gunshots and worried for their own safety. Students did not have any place to go; if there was a park in the area, that would be a good place to go. Through following discussion, Commissioner Tucbscher surmised that with a school next to a residential area, there could be bad activities at the school which could cause more problems with higher density by affecting more people. Commissioner Tarantino said it was his experience that the problems were that the children would jump the fence and hang out at their homes or friends' homes. He had no experience with violence or destruction of property; they would just go and party at houses which were empty while the parents were at work. He did not believe density played a part. He noted that other students went to a plaza to fight. They would fmd a place to go, and he did not know if there was a great cause and effect relationship. He supported the staff alternative, which would , give the developer flexibility. The developer may not choose to go to the high end and may go to the low end, but they would have the flexibility. Commissioner Moot said he was comfortable with the staff recommendation; however, he felt Commissioner Carson's concerns made sense. High school students look for places to hang out and do things where they can't be watched, because they don't want to get caught. With more density, there was more opportunity for places to hang out and not be seen. Commissioner Moot felt single-family housing around a school area created a buffer to that opportunity, more of a community sense, with less places to go. He did not have a problem with the medium-high or high density by the commercial center, but would like to reduce the invitation to hang out adjacent to the high school. Chair Fuller noted that the motion had only suggested a revision on the parcel adjacent to the high school. Commissioner Ray asked the approximate distance between the high school and the commercial retail center. Senior Planner Bazzel said it was approximately 1/4 mile. Commissioner Tucbscher asked if the parcel adjacent to the high school could be taken out, and two separate motions be made. The frrst and second agreed. REVISED MOTION: MS (CarsonlRay) to take tentative action to accept the General Plan Amendments for the EastLake Land Swap Parcel and EastLake Greens, with the staff recommended alternative, except the section with the medium-high designation located by the high school, which would be in a separate motion. //J~ JVi' - 19, PC Minutes -8- May 12, 1993 After more discussion as to the wording of the motion and which alternative proposal to use, the Commissioners voted on the revised motion above. VOTE: 7-0 MS (CarsonlRay) 4-3 (Commissioners Fuller, Tarantino and Tucbscher voted against) recommending that the designation of the section located by the high school be medium instead of medium-high. MSUC (CarsonlRa~') 7-0 to further direct staff to modify the necessary documents to reflect the Commi~ion's tentative action on the Otay Ranch Project GPA and continue the public hearing for the Otay Ranch Project until May 13, 1993, at 5:00 p.m. Chair Fuller noted that the continued public hearing for the Otay Ranch Project would be held at the County DPLU. Assistant City Attorney Rudolf clarified that the motion to continue the Otay Ranch hearing to May 13, 1993, also included EastLake Greens. Chair Fuller concurred. /!) ~ l___a7 _ '11 ~ PC Minutes -10- May 26, 1993 Chair Fuller said that because there were people present for Item 5, the application by EastLake Development, and there was no one present for Item 4, she would switch the last two agenda items with the Commission's concurrence. ITEM 5: PUBUC HEARING - GP A-93-04; APPLICATION BY EASTLAKE DEVELOPMENT COMPANY FOR APPROVAL OF A GENERAL PLAN AMENDMENT FOR 74 ACRES OF EASTLAKE GREENS. LOCATED IN TWO SEPARATE PARCELS. ONE SOUTH OF EASTLAKE HIGH SCHOOL. THE SECOND IN THE SOUTHWESTERN PORTION OF EASTLAKE GREENS (Continued from the meeting of 5-18-93) Senior Planner Bazzel presented the staff report. The Commission was being asked to fmalize their previous tentative recommendation to: 1) fmd that the Commission had read and considered E1R-86-04 for the EastLake Greens SPA and adopt the proposed addendum to the Environmental Impact Report; 2) adopt the recommending resolution for GP A-93-14 as reflected in Exhibits B and C. (;) Chair Fuller opened the continued public hearing on GP A-93-04 to anyone who would like to address the Commission. No one wishing to speak. the public hearing was closed. MSUC (Carson/Ray) 6-0 (Commissioner Tuchscher absent) to rmd that the Commimon has read and considered EIR-86-04, for the EastLake Greens project, and that the proposed project has no significant impacts which were not discussed in the EIR, and adopt the proposed Addendum to Environmental Impact Report EIR-86-04. / i) ~.15/ _be. _. PC Minutes -11- May 26, 1993 MSUC (Carson/Ray) 6-0 (Commissioner Tuchscber absent) to adopt the Recommending Resolution recommending tbat the City Council approve the General Plan Amendment (GPA-93-04) as reflected in Attachment Band C. / ()-- / S-;2 - S 1- '",",..,.. ..,~ RESOURCE CONSERVATION COMMISSION MINUTES / o~~ /57 MINUTES OF A SCHEDULED SPECIAL MEETING Resource Conservation Commission Chula Vista, California ' , 6:00 p.m. Monday, March 1, 1993 Conference Room #1 Public Services Building CALL MEETING TO ORDER/ROLL CALL: Meeting was called to order at 6:05 p.m. by Chairman Kracha. City Staff Environmental Review Coordinator Doug Reid called roll. Present were Commissioners Hall, Kracha, Ghougassian, McNair, Myers. Johnson arrived at 6:31 p.m. Duane Basil, staff person on the Otay Ranch project team, answered questions regarding the goals, objectives and policies of the EIR. Also present were Kim Kilkenny and Kim Glasgow. Myers addressed LAFCO's concern of deferral of studies with the possibility of annexation in mind. Staff responded the project does not take into consideration this possibility. Specific studies (Le., water) was also deferred to the SPA level. Again it was pointed out that if water is not available, Otay Ranch will not be built. Additionally, local water companies are not making any statements on the current general plan level. Discussion was held on why the environmental alternative is not acceptable. Staff replied on the issue that it does not provide for adequate mass transit. Mitigation did not provide for the trolley but is serviced by other transits. Myers referred to a South Bay Rail & Transit study done in February 1991 noting that ridership is down. The village concept was also listed as a viable alternative. The document was analyzed from the environmental standpoint and has met CEQA requirements. Stafr s recommendation complies with the goals and objectives of the EIR. Following discussion, it was moved and seconded (Ghougassian/Hall) to recommend certification of the EIR of the General Development Plan of Otay Ranch. In further discussion, Myers stated the project does not meet CEQA requirements for the following reasons: - Inappropriate review period (CEQA recommends 90 days) - Problem with Chula Vista being the lead agency - Alternatives are not varied enough - Indirect issues on the impact of environment are inadequately covered - Too many significant unmitigable impacts - Given the size of the document, there was inadequate time for review Doug Reid responded for staff: Otay Ranch is a program EIR and multi-phased. Full disclosure of all environmental effects had to be made and were specifically identified. They went through the possibility that all mitigation won't reduce significant impacts but may have adverse effects. Indirect impacts are addressed at this general level. The alternatives listed are the ones with little or no adverse effects. Chula Vista is the lead agency, but the County of San Diego /6 - Jyf --- g,;L ~ Page 2 provides the technical expertise. The 90 day review period, determined by the City Council and Board of Supervisors, in actuality, ended up with around 260 days for public review. Since this project involves over 2300 acres, the outcome would therefore be a lengthy document with .lengthy hearings. Staff provided more detail in its studies than was actually required. Noting over 11 areas of environmental concerns for RCC's consideration, most of which is deferred to the SPA level, Myers stated this is more reason not to certify the EIR as a commission. McNair added that with open and public dissent, the City could incur considerable litigation costs. Staff responded that Tina Thomas has extensively addressed in writing the range of alternatives and all concerns listed. The vote was then taken: Ayes - KrachalHal1/Ghougassian; Nos - Johnson/McNair/Myers; 3-3, motion failed. It was then moved and seconded (Myers/Johnson) that RCC not certify the EIR due to its inadequacy and deferral to later studies and later levels at all areas of concern, in particular, lack of diversity of alternatives and excessive significant unmitigable environmental impacts. Vote: Ayes - Johnson/McNair/Myers; Nos - KrachalHal1/Ghougassian; 3-3; motion failed. Kracha indicated the options and recomm~ndations for Commissioners at this time: . Speak before the Planning Commission on behalf of RCC or as an RCC member . Write to the Mayor and City Council and express personal concerns . Attend other public hearings and express personal concerns COMMISSIONER'S COMMENTS: . Kracha announced the Echo Art Contest on AprilS, sponsored by the Chula Vista Earth Day Committee. . Progress is being made on using battery-powered vehicles, to be tested on Ford, Chevy and Toyotas. . Hall will make personal recommendations on the Otay Ranch project. . Johnson requested staff provide feedback on comments made by RCC after the Planning Commission and Council receive them. Doug Reid will again follow up on this item. ADJOURNMENT: The meeting was adjourned by Chairman Kracha at 8:01 p.m. Respectfully submitted, EXPRESS SECRETARIAL SERVICES ') '-1)(( U~<. u'- Barbara Taylor .~ j (j~ ~ /1) ._;5:/t; ~g3 ./ MINUTES OF A SPECIAL MEETING Resource Conservation Commission Chula Vista, California 6:00 p.m. Monday. Febnwy 15. 1993 Conference Room #1 Public Services Building CALL MEETING TO ORDERlROLL CALL: Meeting was called to order at 6:06 p.m. by Chairman Kracha. Commissioners Present: Chair Kracha, Hall, McNair, Myers. Commissioners Absent: Ghougassian, excused; Johnson, unexcused. Staff present: City Environmental Review Coordinator Doug Reid. Kim Glasgow, Ogden Environmental & Energy Services, Inc. Kim Kilkinney, Baldwin Company APPROVAL OF MINUTES: It was MSUC (Hall/McNair) to approve the minutes of the February 8, 1993 meeting, corrected to delete the next to last paragraph on page 2, and substitute with the notation that McNair concurred with the comments made by Myers. NEW BUSINESS Otay Ranch Final Program EIR-90-01 Staff Introduction Environmental Review Coordinator Doug Reid advised members that the candidate fmdings of fact had been written with the new town plan in mind, but they will be re-written as the project changes. Mr. Reid noted as an example that staff no longer supported the mitigation measure of the off site purchase of coastal sage habitat. Rather, the 1,000 acres in question should be mitigation for future projects, although the actual details of this alternative have not yet been worked out. Discussion of CEOA Requirements Commissioner McNair questioned the staff supported plan over the plan known as the 'environmental alternative'. She referred to the candidate fmdings of fact, stating that this is not CEQA language, but is legal argument intended to persuade regarding CEQA requirements. McNair quoted CEQA sections 15021 and 15043, dealing with the choosing of a project (among alternatives) that minirni7..es environmental damage, and the circumstances under which projects may be approved despite significant affects. She asked why the environmental alternative was not considered feasible, and stated that in order to approve the plan supported by staff, specific benefits must be stated, along with specific reasons why it is not feasible to mitigate them. Commissioner Myers stated that she had the same questions as McNair, and questioned the Ii> -/S-~ -gtf" Resource Conservation Commission -2- February 15. 1993 validity of the Environmental Impact Report, stating that too many issues were being deferred and that certain issues have not been resolved. Kim Glasgow of Ogden Environmental & Energy Services advised that in deftning feasibility, CEQA takes into account economic, environmental, technological, social, and other factors. She also pointed out that this is a programmatic EIR, not a project EIR, and that this document is to provide general guidelines for future projects. Mr. Reid added that this EIR has been reviewed by attorneys specializing in CEQA, and they had found that the document has been prepared in compliance with the law. Further discussion took place regarding CEQA standards. Discussion of Plan Alternative Inadequacies McNair stated that she was not ready to vote on the FPEIR, as she still has questions. She asked for the reasons why the environmental alternative is not feasible. Ms. Glasgow responded that there were three predominant reasons why the environmental alternative is not considered feasible: the Resource Management Plan would not be implemented for economic reasons, the project would not serve housing needs due to insufftcient multi-family housing, and the transit aspects of the project would not be implemented. Discussion ensued regarding these three issues as well as possible future conditions affecting the project. Kim Kilkinney of Baldwin offered input on the feasibility of implementing the RMP, as well as information on the commercial and industrial hub areas in San Diego County as they affect the need for more density in large planned communities of this scope. Further discussion took place regarding population densities and mass transit, air quality, and current economic trends. Chair Kracha stated that if members felt that the EIR is inadequate, they should state so now. McNair indicated that she would like more information, such as the deftning of the goals and objectives of the Interjurisdictional Task Force pertaining to housing needs, and more speciftc information on the costs of supporting resource maintenance areas. Mr. Reid stated that he would obtain the ITF information, and operation costs for current open space maintenance districts as they may relate to Otay Ranch RMP costs, for the next meeting. Myers stated that there were 13 non-mitigated impacts identifted in the EIR in every alternative plan except the environmental alternative. She felt that both CEQA and the City of Chula Vista mandate choosing the least destructive environmental alternative. Other Committee Comments Commissioner Hall asked about the relocation of the FAA V ortek facility; Ms. Ogden responded that she believed the intent was to relocate the facility, but that this was the responsibility of the FAA. The extension of the railway was questioned, with Hall noting that she would like to see mitigation measures that reduce in the number of truck trips in the area. Hall also expressed concerns about the following issues: the providing of areas for stables (Mr. Reid pointed out that the zoning regulations created for the planned community could regulate this use as needed); 10 ~ /S-7 ... fJ// Resource Conservation Commission -3- February 15. 1993 additional consideration to be given to building in floodplain areas; the County's potential use of Wolf Canyon as a dump site (Ms. Ogden responded that currently, five sites are being considered); and the designating of Otay Valley Road as a scenic highway. Chair Kracha read the policies section (15003) of CEQA. He stated that since this item would be going to the Planning Commission in March, his recommendation was that next week the committee make a recommendation to certify the EIR, or not make a recommendation with specific reasons. He asked Mr. Reid to bring the Planning Commission schedule involving the Otay Ranch FPEIR to the next meeting. ADJOURNMENT The meeting was adjourned by Chair Kracha at 8: 12 p.m. ~ ~viIv~ Patty evins, Recorder /l)~J~Y _ rgb ... ENVIRONMENTAL DOCUMENTS FOR THE EASTIAKE GREENS GPA (GPA-93-04) /fJ .-/~~ J ADDENDUM TO ENVIRONMENTAL IMP ACT REPURT EIR-86-04 EASTLAKE GREENS SPA EASTLAKE TRAILS PREZONE & ANNEXATION I. Introduction PROJECT NAME: Eastlake General Plan Amendment PROJECT LOCATION: East of proposed SR-125 alignment; south of Telegraph Canyon Road, north of Orange A venue ASSESSOR'S PARCEL #: Book 595 (Assorted parcels) PROJECT APPLICANT: Eastlake Development Company CASE NO: IS-93-16 DATE: January 15, 1993 II. Background The environmental review procedures of the City of Chula Vista allow the Environmental Review Coordinator (ERC) to prepare an addendum to a Negative DecIaration or Environmental Impact Report, if one of the following conditions is present: I. The minor changes in the project design which have occurred since completion of the Final EIR or Negative DecIaration have not created any new significant environmental impacts not previously addressed in the Final EIR or Negative Declaration; 2. Additional or refined information available since completion of the Final EIR or Negative DecIaration regarding the potential environmental impact of the project, or regarding the measures or alternatives available to mitigate potential environmental effects of the project, does not show that the project will have one or more significant impacts which were not previously addressed in the Final EIR or Negative Declaration. This addendum has been prepared in order to provide additional information and analysis concerning land use, drainage, traffic and school impacts. As a result of this analysis, the basic conclusions of the Environmental Impact Report have not changed. Land use, drainage, traffic, and school impacts are found to be less than significant for the proposed project. Therefore, in accordance with Section 15164 of the CEQA Guidelines, the City has prepared the following addendum to the Environmental Impact Report for the Eastlake Greens SPA Eastlake Trails Prezone & Annexation. , ., /1)-/60 - ~ '1~ III. Project Setting The project involves two parcels totaling approximately 74 acres. The first parcel is located on the northwest comer of Palomar Street and Eastlake Parkway, bounded to the east by the planne9 SR-125 alignment. The second parcel is north of Orange Avenue along the western and southern boundaries of the EastLake Greens SPA, where it adjoins the Otay Ranch property (see parcels R-26, PQ-l, and R-9 on Exhibit A). The land is currently vacant and has been used in the past for dry farming and cattle grazing. The parcels have been graded and are covered with native grasses. IV. Project Description The proposed project is an amendment to the Chula Vista General Plan. As originally proposed and analyzed, Eastlake Greens called for a total unit count of 3,609 dwelling units. In approving the project in 1989, the City Council reduced the density and unit count of five parcels in Eastlake Greens, R-24, R-25, R-26, R-27, and R-28, from High Density (18-24 dulac) to a density of 4.5 dulac (see Exhibit A). Overall dwelling units were reduced from 3,609 to 2,774, a reduction of 835 dwelling units. The current GPA proposes increasing the density of parcel R-26 from Low-Medium to High Residential (18-27 dulac), changing parcel PQ-l from Public/Quasi-Public to Public/Quasi-Public and High Residential, and increasing the density of parcel R-9 from Low Medium Residential to Medium High (11-18 dulac) as shown on Exhibit B. The proposed GPA would increase the density range of these parcels from 156-312 residential units to 583- 891 residential units. This is a potential increase from 427 to 579 residential units. A summary of these changes is provided below. Eastlake Greens original project After reductions by Council in 1989 With proposed GP A: - midpoint of range - maximum end of range Total Units 3,609 2,774 3,274 3,353 Exhibit B of this document provides a detailed breakdown of the changes in General Plan designations and acreage associated with the proposed project. Subsequent actions required to implement the project will include amendments to the adopted EastLake Greens II General Development Plan (GDP) and EastLake SPA Plan. These actions will be subject to future environmental review at the time the particular projects are proposed. v. Compatibility with Zoning and Plans The proposed project involves a General Plan Amendment (GPA) on two separate siteshwhich are currently designated for approximately 52 acres of residential development, 2 /t)r-/~I -~g, 13 acres of public and quasi-public development, and 9 acres for transportation infrastructure. The project proposes altering the General Plan designations to 4] acres of residential, 14 acres of public and quasi-public, 17 acres of open space, and 2 acres of major circulation systems. The density range of the parcels would increase from 156-312 units to 583-891 units. The zoning on the site is "Planned Community" (PC), and the project is compatible with this zoning. VI. Compliance with the Threshold Standards 1. FirelEMS The Threshold Standards require that fire and medical units must be able to respond to calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the cases. The City of Chula Vista has indicated that this threshold standard will be met, since the nearest fire station is 4 miles away and would be associated with a 5 minute response time. The proposed project would comply with this Threshold Standard. In addition, Fire Station 6 will open in January 1993, approximately 1/2 mile and 2 minutes away from the project site. Specific development projects could be required to meet additional, site-specific Fire Department requirements. 2. Police The Threshold Standards require that police units must respond to 84% of Priority 1 calls within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.1 0% of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. The proposed project will comply with this Threshold Standard. The Police Department has indicated that the proposed project will not impact police services. 3. Traffic The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Intersections west of 1-805 are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this policy. The proposed project will comply with this Threshold. The proposed General Plan Amendment will not have an impact on traffic circulation systems. According to the City Traffic Engineer, the actual change /;f~ II. ,.) / J'- (p~~ ...Sq- . in land use associated with the implementation of the GP A may impact adjacent local street segments and nearby intersections. Therefore, further traffic analysis may be required at the time specific development is proposed. See Section VI for a more detailed analysis of traffic mitigation. 4. ParkslRecreation The Threshold Standards for Parks and Recreation is 3 acres/l,OOO population. The proposed project will comply with this Threshold Standards. Payment of park fees may be required at the time specific projects are proposed. 5. Drainage The Threshold Standards require that storm water flows and volumes not exceed City Engineer Standards.. Individual projects will provide necessary improvements consistent with the Drainage Master Planes) and City Engineering Standards. The proposed project will comply with this Threshold Standards. Existing one-site drainage consists of surface flow to catchments and city stormwater conveyance systems. The proposed GP A will not impact drainage systems, however, improvements to existing facilities will be required when specific development occurs. According to the Engineering Department, off-site drainage flows into Poggi Canyon. Existing facilities will not be adequate when the proposed project is implemented. The Engineering Department has indicated that regional drainage improvements may be necessary in the Poggi Canyon area when specific development takes place. Future development will be reviewed on a case-by- case basis. The proposed project, however, will meet this Threshold Standard. See Section VI, for a more detailed discussion of drainage impacts. 6. Sewer The Threshold Standards require that sewage flows and volumes shall not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Planes) and City Engineering Standards. The proposed project will comply with this Threshold Standard. The proposed project would not increase overall solid or liquid waste generation in the Eastlake Greens Sectional Planning Area (SPA). Existing lines in the area include an 8-inch polyvinylchoride (PVC) sewer leading to a 12-inch PVC sewer in Dtay Lakes Road. Flows from the Poggi Canyon Basin are pumped to the Telegraph Canyon Basin. Some segments of the Telegraph Canyon Trunk Sewer are over capacity. The City Engineering Department has indicated that 4 /I}~-//p } - CPO / payment of fees in accordance with the Telegraph Canyon Basin Plan will mitigate these impacts. 7. Water The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. The proposed project will comply with this Threshold Standard. Because Southern California is in its 6th consecutive critically dry year, the County Water Authority is recommending a voluntary 10% reduction in water consumption for new development through the use of low flow fixtures and drought-tolerant landscaping. Applicants may also be required to participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit issuance. VII. Identification of Environmental Effects School Impacts EIR-86-04 found that new students will be generated for both the elementary and secondary school systems as a result of the project. One elementary and one high school will be constructed within the project area. School construction is phased concurrently with residential development. Section 65995 of the California Government Code authorizes school districts to collect fees from developers of both residential and non-residential projects to offset school facility impacts. School facility fees are $1.58 per square foot for residential development and $0.26 per square foot for commercial and industrial development. Both school districts collect their proportional allocation of these fees. For each square foot of commercial and industrial development, the Chula Vista Elementary School District receives $0.12 and the High School receives $0.14 to assist in financing school facilities. EIR-86-04 found that impacts to school facilities could be mitigated to a level of less than significant to the satisfaction of the school districts in the context of existing binding agreements regarding school sites and financing. The Planning Department has worked with representatives of both Otay Ranch (the Baldwin Company) and the EastLake Development Company to establish strategies to mitigate school impacts. The Sweetwater Union High School District has indicated that they have no objection to the proposed General Plan Amendment. The Chula Vista Elementary School District has entered into an agreement with the Eastlake Development Company and the Baldwin Company to ensure school impact are mitigated adequately. Therefore, impacts to 5 ) /)- -It; L/ _co _ schools from the proposed project will be less than significant. Land Use The proposed GP A would have an impact on land use, as it involves altering the use and density on the sites. However, the total number of units currently proposed is at least 265 units less than that previously assessed in the Eastlake Greens EIR-86-.04. EIR-86-04 found that implementation of the Eastlake Greens project would not have adverse land use policy impacts, therefore no specific mitigation measures or policies are required for the proposed project. Thus, land use impacts from the proposed GP A are found to be less than significant. Drainasze. EIR-86-04 found that no significant, unmitigable impacts to hydrology or drainage would result from implementation of the Eastlake Greens project with impplementation of the recommendations in the preliminary geotechnical report. These recommendations include: minimizing surface runoff into downslope natural areas and graded areas; planting slopes with appropriate drought-resistant vegetation as recommended by a landscape architect; and regularly maintaining drainage devices such as graded berms, swales and area drains. In addition, drainage system plans must be approved by the City of Chula Vista's Department of Public Works. At the time specific development occurs, additional environmental review will be required to ensure impacts to drainage facilities are less than significant. All recommendations contained in EIR-86-04 must be followed to the satisfaction of the City Engineering Division. Traffic In addition to complying with all requirements of the Engineering Division at the time specific development is proposed, the proposed project must comply with the traffic mitigation measures set forth in EIR-86-04, as follows: . 1. Improve Telegraph Canyon Road between State Route 125 and Eastlake Greensffrails boundary to six lane prime arterial standards. 2. Construct Hunte Parkway and Eastlake Parkway as major roads between Telegraph Canyon Road and Orange Avenue. 3. Construct a southbound SR 125 to eastbound Telegraph Canyon Road loop ramp at the SR 12Sffelegraph Canyon Road intersection, or extend SR 125 south to East Palomar Street (which would connect to the Eastlake SPA II street system). 6 ..~ / 1)-/ ~.J -9').- . Compliance with these mitigation measures will ensure that impacts to traffic are less than significant. VIII. Consultation 1. Individuals and Organizations City of Chula Vista: Diana Lilly, Planning Duane Bazzel, Planning Roger Daoust, Engineering John Lippitt, Engineering Cliff Swanson, Engineering Hal Rosenberg, Engineering Bob Sennett, Planning Ken Larsen, Building and Housing Department Carol Gove, Fire Marshal Captain Keith Hawkins, Police Department Martin Schmidt, Parks and Recreation Department Chula Vista City School District: Kate Shurson Sweetwater Union High School District: Tom Silva Applicant's Agent: Eastlake Development Company 2. Documents IS-92-21 Addendum to Environmental Impact Report EIR-86-04 Eastlake Greens SPA PlanlTrails Pre-zone and Annexation Final Supplemental Environmental Impact Report Eastlake Village Center South (March 31, 1992) City of Chula Vista Environmental Review Procedures EIR-86-04 Eastlake Greens SPA PlanlTrails Pre-zone and Annexation Final Supplemental Environmental Impact Report (ERCE, June 1989) Eastlake SPA I Plan City of Chula Vista General Plan Title 19, Chula Vista Zoning Code 7 /tJ~/~? -13-, EXHIBIT B Existing General Plan Greens SPA Area Residential LM Low-Medium (3-6) AC. 52 DU Ramze 156-312 Midpoint 233 Non-Residential PQ Public/Quasi Public o Open Space Circulation TOTAL 13.3 o 8.8 74 ae 156-312 du 233 du Proposed General Plan Greens SPA Area Residential AC. DU RanlZe Midpoint LM Low Medium 3 9-18 14 MH Medium High (11-18) 17 187-306 247 H High (18-27) 21 378-567 473 SUB-TOTAL 41 ae 583-891 du 734 Non-residential PQ Public/Quasi-Public 14 OS Open Space 17 Circulation ..l TOTAL 74 Be 583-891 du 734 du · Acres are gross acres based on planimeter readings. Actual net acres will vary. 8 /1) -)t 7 -1t// __ __ __ 0__ l~,- _;"1 ----..... ,/' --., I ' ,-. : ." I ~" ~. EASTLAKE GREENS EIR.86.4 CANDIDATE CEQA FINDINGS IN ACCORDANCE WITH SECTION 21081 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND SECTION 15091 OF TITLE 14 OF THE CALIFORNIA ADMINlSTRA TION CODE JUNE 1989 , , );;)~/hr! -- ~ (~ '~'" r::. 't~~,. .-....iiil~. 1. INTRODUCTION Section 21081 of the California Bnvironmental Quality Act (CEQA) requires that no project shall be approved by a public agency when significant environmental effects have been identified, unless one of the following findings is made and supponed by substantial evidence in the record: 1) Changes 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 Environmental Impact Repon (EIR). 2) Changes or alterations are the responsibility of another public agency and not the agency making the fmding. 3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final ErR. The following findings are made relative to the conclusions of of the Final Supplemental EIR for the proposed EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-zone and Annexation (SCH #86052803) and all documents, maps, and illustrations listed in Section VI of these findings. The project's discretionary actions include the following: 1) Pre-zoning and annexation from the County of San Diego to the City of Chula Vista, consistent with the adopted Sphere of Influence of the City 2) Incorporation of the annexed land into the EastLake I Planned Community District, increasing the District from 1267.9 aces to 2104.2 acres; this action includes the approval of amendments to the EastLake I General Development Plan and the EastLake Policy Plan 3) Amendments to the City of Chula Vista's Circulation Element 4) Adoption of the EastLake Greens Public Facilities and Financing Plan 5) Adoption of the EastLake Greens Sectional Planning Area (SPA) Plan 6) Approval of the EastLake Greens Tentative Tract Map 7) Adoption of the EastLake Greens Design Guidelines Implementation of the project as proposed would result in a mixture of residential, commercial. circulation, recreational. educational, and open space land uses. The EastLake Greens project consists of 3,609 dwelling units on 830.5 acres and EastLake Trails consists of 1,206 dwelling units on 392.8 acres. The development concept includes a golf- oriented residential community and a corridor of commercial, public, and quasi-public uses between the SR-l25 aliJI1ment and the EastLake Parkway. This area is an 1m extension of the Village Center withm EastLake I and would include a high school. a community park. an area for churches, day care centers, health centers, and other uses. 1 /I)~-/ t-j - C[/p " - - - - -.. - -. . ,,--' ~ f-:. ~c The following findings have been prepared pursuant to Sections 15088 and 15089 of Title 14 of the California Administration Code and Section 21081 of the California Resources Code. n. CITY OF CHULA VISTA FINDINGS 1) The Planning Commission, having reviewed and considered the infomlation contained in the Final EIR for the EastLake Greens Sectional Planning Area (SPA) Plan and EastLake Trails Pre-zone and Annexation and the record, finds that changes have been incorporated into the project which mitigate, avoid, or reduce the level of identified impacts to insignificance or to levels acceptable to the City, by measures identified in the Final Supplemental EIR. 2) The Planning Commission, having reviewed and considered the infonnation contained in the Final Supplemental EIR and the record, finds that none of the significant environmental effects anticipated as a result of the proposed project are within the responsibility of another public agency except for air quality and water supply and water quality. 3) The Planning Commission, having reviewed and considered the infonnation contained in the Final Supplemental ErR and the record, finds that no specific economic, social, or other considerations make infeasible the mitigation measures identified in the EIR. 4) The Planning Commission acknowledges that these Recommended CEQA Findings are advisory and do not bind the City Council from adopting findings to the contrary if they are supported by substantial evidence 1n the record. The City of Chula Vista's Threshold/Standards, adopted November 17, 1987. were developed to assure that the "quality of life" enjoyed by the City's residents is maintained while growth occurs, That quality of life is also imponant to those who wish to develop within the City. Implementation of the Threshold/Standards program will assure that significant, adverse impacts are avoided or reduced through sound planning and that public services and the quality of the environment will be preserved and enhanced. Based on these threshold/standards, changes have been incorporated into the project to mitigate or avoid environmental effects. The 11 issues addressed in the Threshold/Standards are discussed in sections III and IV below. III. SIGNIFICANT. tJN1\..1ITIGABLE IMPACTS 1) Air Ouality Impact It is the responsibility of the San Diego Air Pollution Control Board (APCD) to ensure that state and national air quality standards are achieved. APCD's current Air Quality Management Plan (APeD 1986) is based on the 1982 State Implemenration Plan, which documents the necessary overall strategy and individual tactics by which the San Diego air basin can meet its attainment goal. In the San Diego area, a project is considered to have a significant, cumulative air quality impact if the project has not been included in the SANDAG Series V and VI growth forecasts. These forecasts are Z /1)/) ?P -11} .- ,..---. \ r,. -. x. .. "'" .. .".,... the basis for the. air quality attainment strategies contained in the 1982 State Implementation Plan. The entire San Diego air basin is not in attainment for sta.te and federal standards for ozone, and the western two-thirds of the basin is designated as a non- attainment area for carbon monoxide (even though the region has been consistent with carbon monoxide standards for the past several years) and suspended particulate matter. The San Diego region has attained standards for sulfur dioxide, nitrogen dioxide, and lead. The City of Chula Vista has recognized that air quality is a regional issue that cannot be addressed effectively by the City, and the City therefore implements the tactics established by the Regional AQMP as stated in the Threshold/Standards. The EastLake Greenstrrails project will result in long-tenn emissions of air pollutants from both stationary and mobile sources. Stationary source pollutant emissions Include those generated by the consumption of natural gas and electricity and by the burning of wood in residential fireplaces. Vehicle travel associated with the project would generate mobile source emissions, including carbon monoxide, nitrogen oxides, and hydrocarbons. The project would generate approximately 236 tons per year of hydrocarbons. an imponant precursor to photochemical smog. Mitigation Four basic tactics for the mitigation of air quality effects are presented in San Diego's AQMP (APeD 1986): traffic flow improvements. ride-sharing, bicycling, and transit. The project, as proposed, incorporates traffic flow improvements, bicycling. and transit In addition. the project applicant will contribute to the EastLake I transit center and to a 120-space parking facility to encourage car-pooling and public transit use in the area. All intersections affected by the project would be maintained at level of service C (the City's threshold standard) or better, and the project provides both bicycle and transit routes and stops throughout the development The project also reduces the potential for air quality impacts through the mixed-use land use concept designed to reduce vehicle trips. As a condition of approval, the applicant shall implement these measures concurrently with development. The City. per the City's adopted Threshold/Standards, shall provide the APeD with a 12 to 15 month development forecast and request an evaluation of its impact on CUITent and future air quality management programs. Findini The project, as proposed, was not included in the SANDAG Series V and VI growth forecasts, and thus represents growth that was not considered when formulating the air quality attainment plans for San Diego County. The proposed project is cUJTently a non-conforming use and therefore is considered to have significant cumulative air quality effects even after the implementation of mitigation measures. Upon revision of the AQMP, the EastLake Greensrrrails project would be incorporated into the SANDAG S~rles vn growth forecasts. The revised implementation strategies would accommodate the additional emissions fro~ the project. J )l)~)7J -q~ " ~ (~, . ------, " IV. SIGNIFYCANT. MmGABLE IMPACTS 1) Transportation/Circulation Inm8Ct EastLake Greensni'aUs will add a significant number of average daily trip.s (ADT) to the internal and external street system. In the shon-tennt the project Will contribute a substantial portion (more than 30 percent) of the AnT to Telegraph Canyon Road east of Otay Lakes Road to the EastLake boundary; to SR-l25 north to SR-54; and to Otay Lakes Road between Telegraph Canyon Road and East H Street. The project will contribute less than 10 percent of the ADT to all other affected street segmentst except for Telegraph Canyon Road between Medical Center Drive and Otay Lakes Road (19 percent). Two affected street segments already operate at less than Level of Service (LOS) C (the City's threshold level): Bonita Road between I-805 and Plaza Bonita Drive (LOS F) and Bonita Road between Willow Road and Otay Lakes Road (LOS D). The project will contribute 1 percent of the ADT for these street segments. Mipwation Mitigation measures have been incorporated into the project to mitigate the potential traffic impacts (see the EastLake Public Facilities Financing Plan for details, phasing, and fmancing methods). As a condition of approval of the project, the applicant shall agree to the following: Improve Telegraph Canyon Road between SR-12S and the EastLake Greenstrrails boundary to 6-lane prime arterial standards. Construct Hunte Parkway and EastLake Parkway as major Roads between Telegraph Canyon Road and Orange Avenue. h) a) b) c) Construct a loop ramp off southbound SR-125 f9 eastbound Telegraph Canyon Road or extend SR-125 to East Palomar Street (which would connect to the EastLa.lce GreenslTrails street system). Participate in the East Chula Vista Transportation Phasing Plan on a fair. share basis with other area developers. Internal to the project. construct th~ibternalloop street as a 2-lane collector road with adequate width to provide for 2-travellanes and a continuous left- turn lane. Install traffic signals at locations and at a rime determined by the City traffic engineer. d) e) f) g) Coordinate proposed phased develo~ment with the City to ensure compatibility \\ith the expansion ofmumcipal transit routes and facilities (as outlined in the Circulation Element of the SF A Plan). Develop alternative transit, including pedestrian and bicycle trails, 'Within the project site (as outlined in the SPA Plan). Bikeways shall be designed and constructed in accordance with Caltrans' criteria. to comply with state standards. 4 _CfQ- '/; 1'/-) /V,/, /~. .... constructed in accordance with Caltrans' criteria. to comply with state standards. The timing of the implementation of these measures shall be determined by the "quality of life" Threshold/Standards Policy adopted by the City November 17, 1987 and by the the East Chula Vista Transponation Phasing Plan (1989). Monitoring shall be required as part of the determination of timing. Findin,. With the implementation of the above specified mitigation measures, no significant environmental impact will occur. 2) EoUce Protection lmnact Increased calls associated with project implementation would place additional demands on the single patrol car serving Beat 32. Current'response times are slower than what is considered optimali project implementation would place additional demands on an undermanned police beat and would result in an adverse impact. Miti~ation The provision of additional police personnel that is underway for the Police Department in Chula Vista (1. Kohls, ~ersonal communication) will alleviate future development impacts to service availability. Revenues generated by this and similar projects could be used to upgrade the staffing and facilities (including the planned police staff room within EastLake I) of the Police Department. If the City's threshold standards are exceeded, a moratorium on the acceptance of tentative maps applications may be adopted by the Orowth Management Oversight Committee (GMOC). . Findin, With the implementation of the above specified mitigation measures. no significant environmental impact will occur. . 3) Fire ProtectiQD Impact Implementation of the project will result in additional demands for fire protection, including expansion of Fire Department facilities. Water pressure on the EastLake Greens site is adequate for flre protection. The Fire DeplU'tment may be required to use pressure reduction valves or pressure reducers to provide safe water pressures and water flows. . Upon development of the SPA Plan for EastLake Trails, any water pressure and water facility concerns on that property would be resolved between the Otay water District and the Chula Vista Fire Department. 5 -I btJ - /CJ - 17;7 --~-'-.....-.... ----"'.-. -..........-~-........~....---.- ",,"',"-Joo(_~-l ~ _. -- ~ - Findha With the implementation of the above specified mitigation measures, no significant environmental impact will occur. 6) Librarv Services Inmact DeveloJ'ment of the proposed project will result in an estimated 9.636 residents and in Increased demand on library.facilities. MitiptiOJl The City of Chula Vista threshold standard requirement for library facilities is 500 square feet of fully staffed and equipped library space per 1,000 population. The Planned Community regulations for EastLake I require that a I-acre library site near the Village Center be reserved with the stipulation that the library site must be developed within 10 years after dedication (WESTBC 1984). Plans for the construction of the new facility shall follow concurrently with residential development. Capital costs shall be provided either by EastLake Development Company or the property itself through the use of public debt mechanism tied to the property. Eindin i With the implementation of the above specified mitigation measures, no significant environmental impact will occur. 7) Parks and Recreation Impact Based on the City's park standards and thres.hold requirements, the projected EaStLake Greens population of 9,636 will require approximately 30.72 acres of parkland onsite. . Mi. . tJianoQ The applicant plans to provide more than 40 acres of neighborhood and community parks within the EastLake Greens/Trails site. The parks shall be a condition of approval for the project. An extensive pedestrian and bicycle trail system will be constructed. An IS-hole golf course and country club is a prominent feature of the project. Findi.n& With the implementation of the above specified mitigation measures, the requirements of 3 acres of park for every 1,000 residents will be met, and no significant environmental impact will occur. . 7 - I fJ/ - /o~/7,/ ! j l / I I ."-'" .....::. ,-,- .L..:"~':"I t..~r-.I_.c..t.. ~'. l..J C",' \~ ~ .' 8) \ '. \ Water Avail11bili~ Impact ,~ Based on water consumption rates and land use allocations for the pro~ed - project, approximately 1.77 million. gallons of water will be required each day. Accor~g , to the Otay Water District (OWO), the provision of domestic water to the EastLake Greenstrrails projects can be provided through existing infrastructure until the 980'.Zont pump station's capacity is reached. Additional facilities would then be required. \ ~ ~. . MitilmtlgD ., ~ .'. ~. ' '" ,.- An agreement' between EastLake Development Company and two other \ ;"":,~'::J'" ',major developers has been approved by the OWO Board of directors. This agreement will ,;ffS~i~ ~de financing~ for th~ ~o~trucio1i of a below-ground SO MG reservoir that will provide " \ ~_:",~:-termmal storage for a muumum of five average days water supply. EastLake Development ':\ -' , has offered a site for this facility. ; ,. , The applicant has proposed to utilize 1.3 million gallons a day of recliiinted ~.. water (to be supplied by OWD) for irrigation in order to reduce onsite domestic water consumption. In addition to the use of reclaimed water, other water conservation measures beyond those required by state law are presented in the SPA Plan (maintenance of minimum water pressure levels within residential units, incorporation of drought-tolerant and naturalized landscaping, construction of attached housing designed with common landscaping to reduce irrigation requirements). Adequate water storage and distribution facilities shall be constrUcted i/ conjunction with the project development. , \ J Flndin, Provided water is available from OWO, with the implementation of the above specified mitigation measures, no significant environmental iinpact will occur. ~ \ . I 9) Sewer 8 __IO;J-- /0 ~/7~~ "--'. r ~ , "-'. ~. ',--- Mitiprion Cumulative im~acts to the City's sewer system will be mitigated by the development of additional facilities to be funded by the EastLake Greens Development Company and other developers. EastLake Development Company is currently negotiating an agreement with the City of Chula Vista. Through this agreement, monitoring will be conducted at EastLake Development's expense to ensure that the capacity of the existing IS-inch sewer trUnk line in Telegraph Canyon Road is not exceeded prior to the constn1ction of alternative means to transport such sewage. Findinl With the implementation of the above specified mitigation measures, no significant environmental impacts will occur. 10) HvdroloiY/Water Quality r~a~ Grading and infilling of onsite drainages and the construction of impervious surfaces would increase the amount of surface runoff, a potentially significant impact. Increased runoff could generate high erosional potential from soil materials, creating deep erosion gullies, unstable slopes, build-ups of silt deposits within drainages, at the toe of slopes, and in stonn drains. Increase of runoff would also magnify the potential for flooding problems downstream of the site. Potential impacts to water quality are associated with runoff contamination. Potential impacts to water quality are associated with the use of reclaimed water for irrigation. Miti2ation Implementation of the pro~osed EastLake Greens storm drain system, as approved by the City of Chula Vista Publ1c Works Department, would mitigate potential adverse hydrologic/water quality effects. State and local regulations regulate the use of reclaimed water; adherence to the regulations would ensure that no adverse impacts would result from such use. Findini With the inclusion of the above specified mitigation measures, no adverse environmental impact will occur. . V. OTHER rssu~s The following issues are not included in the City's Threshold/Standards. 9 --10'... //)-/7? .--.--,-'..~--.........- ...._,..~......- --~","-' -..., :...,-.-. ------ ----- - '-- '" . , 1) Visual Resources IrTJPact Landform Alteration. The proposed EastLake GreenslI'rails development would change the appearance of the project site as the pastoral character of the existing landscape would be replaced with urDan development. Landform alteration would result from significant grading throughout the EastLake Greens site, e.g., cut slopes of up to 70 feet in height are proposed and the topographic profile of the site as a whole would be measurably altered. Specifically, several hills would be leveled and several small interior drainages filled to facilitate construction in higher density building areas. Specific impacts from landfonn alteration related to buildout of the proposed EastLake Trails site cannot be identified because grading and development plans have not been submitted. Views. Development of the EastLake Greens project site is not expected to result in adverse visual impacts to onsite views, but will create both short- and long-term visual impacts for surrounding areas. The existing and proposed above-ground water tanks would be partially concealed by siting and landscaping. The SDO&E transmission line extends over several thousand feet of the EastLake Greens site and would be visible to several proposed residential areas. No potentially significant visual quality impacts are anticipated with buildout of EastLake Trails. Scenic Resources. The designated and potential scenic roadways in the project vicinity would not be adversely affected by the proposed project. Development of the project would increase local night-sky illumination levels, but because the site is a considerable distance from the Mt. Palomar and Mt. Laguna observatories such illumination should not adversely affect activities at those observatories. This is considered an insignificant adverse impact on a project level and a contribution to a significant cumulative effect. Mitigation The project has incorporated extensive measures to avoid potential visual impacts. These measures include the designation of 214.3 acres of open space and recreational use, comprehensive plans for landscaping, grading, circulation, architectural and site design, lighting, fencing, and signage. Compliance with the guidelines in the EastLake Greens SPA Plan regarding these measures would ensure that significant adverse visual impacts within the EastLake Greens are minimized or eliminated. Possible exceptions include residential views associated with the above-ground water tanks and the SDG&E transmission lines. Recommended mitigation measures for these impacts include additional landscaping for the tanks, and careful siting of residential units to minimize . views of the t~ks and lines. Additional environmental review will be required for EastLake Trails. Endini No significant visual impacts are expected to occur with complete implementation of the SPA Plan and recommended mitigation me~sures. \VhiIe the contribution to night-sky illumination is cumulatively significant. the site, as noted above, 10 /!J'~/?7 -lOt - T J " ------ . " ,-. is a considerable distance from the Mt. Palomar and Mt. Laguna observatories and such illumination should not adversely affect activities at those observatories. 2) Geolorry/Soils Impact No major geologic constraints to development are known; the engineering properties of the soil and bedroc1c materials, topography, surface drainage, and anticipated relatively low degree of seismic risk offer favorable conditions for site development. Potentially significant concerns include compressible alluvial and colluvial soils, expansive clay beds, and the generation of oversized material from cemented bedrock zones. Mitiprion Implementation of sound construction practices, in conformance with existing Buildin, Code standards will mitigate any potential effects of compressible alluvial and colluvial solls. Disposal of oversized rocks generated from cemented bedrock zones should comply with specifications identified by a geotechnical consultant Findin ~ With the inclusion of the above specified mitigation measures, no adverse environmental impact will occur. 3) Bioloiical Resources Impact No significant impacts to existing habitats within EastLake Greens are anticipated. Impacts to biological resources related to the Salt Creek drainage within EastLake Trails cannot be assessed until the development of the EastLake Trails SPA Plan and Tentative Map. . -" Mi. . ni8non No mitigation measures are required for EastLake Greens. Mitigation measures if any, will be recommended for EastLake Trails following the assessment of the effects of the EastLake Trails SPA Plan and Tentative Map, Le. as pan of subsequent environmental review. Findini No significant impacts to biological resources are anticipated as a result of the planned development of EastLake Greens. Potential impacts to biological resources of . the Salt Creek drainage will be evaluated as part of subsequent environmental review. 4) Paleontolo~cal Resources rnwact There is potential for adverse impacts to significant paleontological resources during construction of the EastLake Greensrrrails project. The significance of these impacts cannot be detennined. 11 ,/67 --/72) - 10 J' ...-- .-..~..,.....,....~-,. -~- .......,.......-.__._--'~.,. . -~ _ '. ._.__.r__~~""'~ o " Mitiprion A qualified paleontologist shall monitor grading activities during construction of the project. Eindin i With the inclusion of the above specified mitigation measures, no adverse environmental impact will occur. 5) ~ Imnact Potentially signifienat impacts associated with th EastLake Greens project were calculated using the Federal Highway Administration Stamina 2.0 Noise Prediction model. In residential areas adjacent to EastLake Parkway, between the northern and southern entry roads and the park proposed adjacent to the high school. noise levels would exceed 6SdB(A). Exterior noise levels above 65 dB(A) CNEL are considered incompatible with both residential and parkland areas but compatible with commercial uses. These areas would also experience significant interior noise impacts. Miti~ation The applicant shall constrUct walls or berms of a height determined to be effective in reducing noise exposure to acceptable levels onsite. Anenuation of noise levels at the park shall be achieved through raising the pad elevations near the contributing roadways by two feet instead of incorporating a barrier. Additional noise analysis shall be required for the ares designated as Future Urban and for EastLake Trails once development plans with projec~ details are available. . An interior noise analysis shall be required for any residential areas exposed to exterior noise levels of 60 CNEL or greater. Findini With the inclusion of the above specified mitigation measures, no adverse environmental impact will occur. V. INSIGNIFICANT IMPACTS In accordance with the evaluation provided in EIR-86-4 and previous documentation. the project would not result in any significant impacts in the issue areas . below; these issues have therefore not been discussed above: 1) Land Use (4.1) 2) Mineral Resource.s (City of Chula Vista EIR 84-1) 3) Archaeological! Historical Resources (City of Chula Vista EIR 84-1) 12 Jf) --/'7;; _/o(p- .....-...:,......---~~-;---"--._.. -....-:-...~~- .,,;----..;;...- o o "'-~ .' 5} Energy Supplies and Conservation (4.3.8) 6) Solid Waste Disposal (4.3.9) 6) Socioeconomic Factors (4.11) VI. THE RECORD For the purposes of CEQA and these findings, the record of the Planning Commission and City Council relating to these actions include the following: 1) Air Pollution Control District (APCD), 1986, Progress in Air Pollution Control During 198', Draft. San Diego,June. 2} Atwood,J.1980. The United Sta.res distribution of the California Black-tailed Gnatcatcher. Western Birds, 11:65-78. 3) California Air Resources Board (ARB), 1982, 1983, 1984, 1985, Air Quality Data. 4) California Department ofFish and Game. 1980. At the Crossroads. A report on California's endangered and rare fish and wildlife. The Resources Agency. 5) California Department of Fish and Game. 1985. Designated endangered or rare plants. The Resources Agency, June 19. 6) Cinti and Associates, 1986, Draft EastLake Greens Sectional Planning Area (SPA) Plan, prepared for EastLake Development Company, September 11. 7) City of Chula Vista, 1974, Scenic Highway Element of the Chula Vista General Plan. 8) City of ChuIa Vista, 1982, ChuIa Vista General Plan, EastLake Policy Plan, City Council Resolution No. 10996, September 7. - . 9) City of Chula Vista, 1982, Housing Element. 10) City of Chula Vista, 1987, Policy: Threshold/Standards and Growth ~1anagement Oversight Committee (November). 11) City of Chula Vista, 1989, Draft Fire Station Master Plan (March). 12) City of Los Angeles, 1983, Energy Action Plan. 13) County of San Diego, 1975 (revised 1983), Scenic Highway Element of the San Diego County General Plan. 14) County of San Diego, 1984, San Diego County General Plan - 1995, Pan 11, Regional Land Use Element and Map, August 22. 15) County of San Diego, 1984, San Diego County General Plan - 1995. Part x..Xlll. Dtay Subregional Plan, August 22. 16) County of San Diego, 1985. The Zoning Ordinance, San Diego County, November. 13 / I \y:.-71 /O~/ t> t/ _101- :-------.. \....... .. ~ \ '"'- -' 17) . Evertt, W.T., 1979. Threatened, Declining nnd Sensitive Bird Species in San Diego County San Diego Audubon Society. sketches,lune. 18) Federal Home Loan Bank of San Francisco, 1986, Housing Vacancy Survey, San Diego MSA, Survey date October 1985, June. 19) Goldwasser, Sharon, 1978. Distribution, Reproductive Success and Impacts of Nest Parasitism by Brown-headed Cowbirds on Least Bell's Vireo, California Department of Fish and Game, The Resources Agency, July. 20) Grinnell, 1. and A.H. Miller. 1944, The distribution of the birds of California. Pacific Coast Avifauna 27. 21) HBW Associates Inc., 1986, Master Plan for the Chula Vista Public Library Draft, Decembe:'. 22) Holland, R.F., 1986. Preliminary description of the ten'estrial natural communities of California. State of California, The Resources Agency. 23) Leighton and Associates, 1979, Geotechnical Reconnaissance of an Area Approximately Sevcn Miles East of Chula Vista, San Diego County, California and Iminediately West of Otay Reservoirs, Project No. 179398-1. 24) P&D Technologics, 1989. Draft EIR City of Chula Vista General Plan Update, March. 25) Remsen, V. 1978. The species of special concern list: and annotated list of declining or vulnerable birds in California. Western Field Ornithologist. Museum of Venebrate Zoology, University of California, Berkeley. 26) Salata, L.R. 1984. Status of the Least Bell's Vireo on Camp Pendleton, California: Report on Research done in 1984. Unpublished. Repon., U.S. Fish and Wildlife Service, Laguna Niguel, California. 27) San Diego Association of Governments (SAI\'TJ)AG), 1984, A Housing Study for the City of Chula Vista. 28) SANDAG, 1985, Final Series 6 Regional Growth Forecasts, 1980-2000. 29) SANDAG, 1986, Regional Economic Development Guide and Extract (EDGE) Volumes 1 and 11, August. 30) SANDAG, 1987. Draft Series 7 Regional Growth Forecasts. 31) San Diego Soils Engineering, Inc., 1986, PreliminaI)' Geotechnical Investigation, EastLake Greens, Chula Vista, California, prepared for EastLake DevelopmentCompany. November 17. 32) Smith, J.P., Jr. and R. U. York 1984. Inventory of rare and endangered vascular plants of California. California Native Plant Society, special publication no. 1 (3rd Edition) 14 /I?- /8"/ '-IO<{/ _ _ _.,...__.........~...._ -... ._--..-.r___' r- . __T _~~ _ + . .____,.-,.~_____..- .-..---"-' ---. r""'- ---- ,......r_ " 33) University of California, Agricultural Extension Service, 1970, Climate of San Diego County; Agricultural Relationship, November. 34) U.S. Department of Agriculture, Soil Conservation Service, 1973. Soil Survey San Diego Area, California, December. 35) U.S. Environmental Proteetion Agency, Compilation of Air Pollution Emission Factors, AP-~2, Supplement 7. 36) U.S. Fish and Wildlife Service. 1980. Federal Register. 45(242):82480-82569. 37) U.S. Fish and Wildlife Service: 1985a. Endangered and threatened wildlife and plants: Review of plant taxa for listing as endangered or threatened species; Notice of review; Federal Register, 50(188):39526-39527, September 27. 38) U.S. Fish and Wildlife Service. 1986. Endangered and threatened wildlife and plants; Least Bell's vireo; Detemrlnation of endangered status, and reopening of comment period in the proposed critical habitat designation. Federal Register 51(85):16474-16483. 39) WESTEC Services, Inc. 1982, EastLake Final Environmental Impact Report, prepared for the City of Chula Vista, February. 40) \VESTEC Services, Inc., 1985, EastLake I Sectional Planning Area (SPA) Plan Final Environmental Impact Report, prepared for the City of Chula Vista, January. 41) Wilson Engineering, 1989a, Master Plan of Sewerage for Salt Creek I, March. 42) Wilson Engineering, 1989b, Overview of Sewer Services for Salt Creek Ranch Projcct, April. Also included in the record are the following studies prepared for the EastLake GreenstTrails Planning Program: , - 1) Draft EastLake Greens Sectional Planning Area (SPA) Plan, Cinti & Associates (May 1989). 2) Draft EastLake I Planned Community District Regulations, Second Amendment (March 1989). , . 3) City of Chula Vista Public Facilities Financing Plan: EastLake Greens (June 1989). 4) Draft East Chula Vista Transportation Phasing Plan (June 1989) 5) EastLake Greens Development Agreement (in preparation) , 5) Residential Design Guidelines: EastLake Greens SPA (May 1989) Also included as part of the Planning Commission and City Council record are the following: 1) Final Supplemental EIR-86-4, EastLake Greens and EastLake Trails (June 1989) 15 , /...?/1 ~/ 0- Cl / j}/ O~ -/09- . ~ ; . .l'=' ------: .r--.... - y- 2) Documentary and oral evidence presented to the Planning Commission anJ/or City Council during public hearings on EIR-86-4 and the EastLake Greensffrails project Matters of common knowledge to the Planning Commission and/or City Council, such as 3) a. The City of Chula Vista General Plan (1970) b. The City of Olula Vista Draft General Plan (1989) c. The Zoning Ordinance of the City of Chula Vista as most recently amended d. The Municipal Code of the City of ChuIa Vista e. All other fonnally adopted policies and ordinances 16 -I/{) -- /tJ ~/6J PROPOSED STATEMENT OF OVERRIDING CONSIDERATIONS WHEREAS, the California Environmental Quality Act requires that the decision maker in any project balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project; and WHEREAS, the City Planning COlTlllission of the City of Chula Vista desires to recommend such findings to the City Council of the City of Chula Vista to assist in their consideration of the project; and WHEREAS, the Planning Commission has previously found that one unavoidable significant impact would be experienced should the project be approved, namely an air quality impact due to the failure of the project to be considered earlier in the SANDAG Series V and VI Growth Forecasts; NOW THEREFORE, the Planning Commissions resolves that the following project features provides benefits to the City and its citizens justifying the approval of the project notwithstanding the air quality impact described in the Environmental Impact Report; 1. The project contains a commitment to public infrastructure of extraordi nary si ze or capaci ty servi ng the Eastern Terri tori es through the requirements of the Transportation Phasing Plan, and the Public Facilities Financing Plan wherein the project pledges to build facilities to accommodate its impact and cumulative impacts while preserving levels of public service consistent with the IIQuality of Life Thresholdll earlier adopted by the City Council 2. The project contains a significant commitment to open space, public and quasi-public land uses including, but not limited to, a one hundred and sixty (160) acre golf course, thirty-six (36) acres of park and recreational facilities, fifty-nine (59) acres for school facilities and seventeen (17) acres of public and quasi-public uses; in the aggregate, thirty two percent (32%) of the total project area. 3. The project helps fulfill the need for church sites in the near future by providing a site within the EastLake Village Center and pledging to develop a church master plan. 4. The project advances Chula Vista's environmental goals by developing water conservati on and recl amati on programs, mass transi t faci 1 i ti es and an extensive trail system. WPC 6450P --III... )0-/%'1/- I ,....,'..;.l~. w""' t.!T .~. CKrH:rrr at A IL 1".1'.. ';A'!'!ON HO};!-:ORING 1-.JiD 1U:P.. ..TINe; PROGRAM ('- The follo~in9 ~onitorinq progr~m is designed to insure compliance ~ith ~he California Environmental Quality Act and insure citigation ~easures are i~plemented. The tollowing identifies ho~ the City of Chula Vista ,,'ill monitor IT.itigation measures and report the findings of such. monitoring. KIT:GATION MONITORING PROGRAM The t01lowin9 identifies a step by step proce~s ~hich the City ot Chula Vista will utilize to monitor and report on the implementation of miti9ation m.asur~~. 1. All mitigation measures shall become conditions of a prcject app~oval identifying ~hen the condition (mitigation) shall be implemented, i.e., prier to pe~it issuance, prior to recordation, during project construction, before occupancy, or after occupancy. 2. ?roject approvals shall be by resolution or Notice of Oecision (NOD) identifying all conditions including a special section identifying all mitigation measures as conditions. Said resolution shall be rou~ed to all City departments and affected agencies. 3. Upon application for impl ernenta tion permits (grading, building, enc=oach~ent, utility connections, and the like), the resolutio~ of approval or NOD with the rnitiga~ion shall be attached to the constructi on plans for both in-house (i~spector) use a~j on-~~te (co~t=Qctor) plans. ~ ~. Should prcject i~ple~e~tation pa~its re~uire monitoring curing construction, the mitigetion shall be identifiQd on the construction plans for the ir.spector and contractor. 5. P=ior to issuance cf any i~p:ernentation pe=rr.its, the resolution 0: epprova2 shall. be reviewed to determine if any co~citions (mitigation; requir~ irnple~er.tation. This revie~ shall be by the Planning . Department. Staff ....ill insure that such conc:tio~s have been co~plied with prior to the issuance of the permits. 6. Prior to s~af! signing o~~ en City forms repo=ting that the pe:;nit is co;r,j:)lete::, the cor.di~.ior.s (r.-.itigation) shall be reviewed by staff to ir.sure co~~:iance. 7 . ?rior to project occu~~ncy 0= cornpletion being app=ovee by ~~e Ci:y all C~~y Departna~~s shall s~sn o~f on the occupancy care. Each Depar~rent shall insure co~?liance o! the co~c:tio~s {~it:9ati~~; ~~a~ rela~e ~o ~hat Depar~~en~. The c~....._~u:-::t::. :~~~~:C.t=,,'T...'~ ::'e;?a:"~;."'~:'"'::. :;:-:2::. insu~E! .t.ha-:' ~~e ~:~iga~:c~ ~~a3~=es ~3\e ~~~~ ~e~, i~clu~:~g ~hose meas~~es "C.h a': :7. a y rec:~.:. :-.,.::: ~~:-;~: a c: -:;.:: y ~ :":?-..: ~ a nc co::'...~en~/ a ccep-:'3~::: e ~~:o~ ~o si~~~~; c:~ O~ ~he o~c~~Q~c: care. ?A~ -"-",,, ? ~~ I c .~ ./ :- !.~ ~ - ~ , ..: :' ~. ~ = ~}. - ~ - ;: ..f ) l //J~)K5 -If/}.- '" JUt-, 12 '89 PHGE.04 kny conditions (citi;8t~C:'l) that requi:-e Illonitorinc; after projec~ co~pletion shall be ~he respons1~i11ty of the Pl ann; ng Department. The Oepartzr.ent shall require the applicant to post any necessary funds (or other torms of guarantee) with ~he City. These funds shall be used by the City to retain consultants and or pay for City staff ti~e to ~onitor ana report on the ~iti9ation measure for the required period of time. city related projects th~t have conditions reflecting mitigation ~easures will not have to post any deposi ts. Cor.;pl iance of the 1::i tigation measures shall be insured by the Pl ann; ng Department and other agencies, if applicable. ': 26 a . ~ In those instance requiring lonq term project monitoring, the applicant shall provide the City vith a plan tor monitoring the mitigation activities a~ the project site and reporting the monitoring results to ~he City. Said plan shall identity the reporter as an individual quali!ied to kno~ whether the particular mitigatio~ measure has been impleme:'lted. The monitoring/reporting plan ShAll conform to the City'S mitigation monitoring program ana shall be approved by the Pl ann; ng Department Di rec":or pr ior to t.he issuance of building permits. 9. All monitoring ~nd repo~ting documentation shall be maintained in the Primary projec~ !ile ~ith the Depar~ment having the original authority for processing the project, and a copy of the monitoring and reporting documentation shall be transmitted to the agen=y requi~ing the ~itigation. , 10. Although insuring Planning prior to various City depa~tments ~ill be involved ~ith compliance .....i-..:h rr'::'":igat.io~ measures, the Dep~rt.~ent ~ill ~eview all ~itigation ~easures grar.ting occupancy to double cheCK compliance. ','" / /O'-/5? _II 3 J /-' H ',' t: . ...1:,. .I ,_,Ii ' - ;~ ~ 1.. , .. A--E/,D 1, p Ul1kJ1;aA / 0:; n~. . ~ dlVIRONMENTAL MlTIGATIOU MONITORING CHECKLIST ,~. c: ... ! ... 0 ~... ~ utollO 1110.... ~ .~~ ... e-'" JtIoo4 . ~U"" " <! .,!~ S .- ...u" II -I"') :; 'a c: · '0 ~....... ! .- " :: ... . ~ c >< "- 0_"... ., ., u., Jttl -'IO~~ ... . 'a I f'" """c... "=- : c IN " ~ S ., aI: I) .~ o · ., s: II";" l"") ... - 0 I ~ ~." It... \ol') Q, 3 ~ ".. . co - ..u c c g N ,-~"OcX 0,," c ~ .o~ oQo,c ~." V') ! . II I.!:: ~ N ~ I !u:;'8 c: ,..., 0 ;2~;o ex) u o~ u .. .... - .... .. '- ~ ~ a - ~ .~IS ex ; 0" " l' ..... e ..... UJ CliO ... C . - ... ...... u .... ~ = I ~J8! N 0 o c.... 0 I t;3 uea.ll ... tl 0\ II U e " ".... .......110 co Q J:"'OA: . ......~ ~...u . ...... ... u 0 .... U 1-4 1,*....2 Q.. ~ sje:= C.l:l -- .Ij~ ...... .s-JZ 0 (,.) ..J ,s.,_ 10 ~- ~ ~ c: coe: . z !~.!2 II ;::ule 0 .... .... ~ S-O:3 , .. ... 10 t""' 2-- ~ .... a.-.... rt"\ g ... c:I. e Cl o II ~ r:: ~ · J ~ z Q, > .... i . ~ <<l 0 ... " II .... i z: u o....j... . e & i u = 2 ... C II = .$11 .... OIlJ'" 0 II) \0.4- ~ ~ Sc..... A. - ~ ..J = t 0 ,Q - E: 1-4 ;1 II --- -- ~g.!::: w 1'-1 - ... U!:II ., it:. 2!.~. Ii i ~ :3!.S , , - .- - II r: It ~ ~ i.......~ / tJ5U . - g S c !. ~f...... CO.," o . ~ f c ~ .. 0 II . e :: S o-.o.,,,,! - 0'\ ~~.~ :-1:2 co ... ...." ...,S ::I: 0'1 ....>3.... ... 0 C . u - toI C * . 0 III <: -0., .... .:2 c: L..,j .. U - :3'" .! '" a: ,... ...l;c t' .C:~ c - ::)! :II... CI ,...el m u .... ,Q ex:: III lo.4"'0 ., II .... 0 ~ c.... a.- Il . ... .... ... 0:: ~~t.:... " ~ "'!.8C:U u c a ., ;z: C II :l :I II c -!c:.... c e "0 II C" t c: '" a ~tJ"O z ... 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JL.I" 12 ',;'~ j~:~: F'H'71E .0-:' '. ~ "'" j ,""'" Ci- B ~ ].1 '51 ::--.... t ~ ~ 6 \ I n., ~J ~ I' I l' f I ~ ~ f ii: ~ f ~ .1 ~'II i i~1 1*1 :i~~ II jt ] ]i; i:~f I~.I Ii ~~ i ~~I u~sl l! d ~ i I ~ .~~ B 0 I ~ j 8~i~ ~~ !~~ ~ ilB BE;j 'i 8 ~ R. 8. B :~'2 ~ .~.~..~ i'~ i . ~~ ~ ~ b~~ r ~~c~ t~ ~ a ~ ~ ~ .2 ~ ~ c: i:: ~1 g S 5 Q, ~ , E.~ ] ~ .,.,j I 0 'g ~ ~ j ..-4 ~ 8 ':1;S i i .... i .5 ~ 0... S ~ , ~ 1.0 ~ ~ .Q 6- ':d ~ ,j.,j '-= QI .,.,j .~ !.S'~ ~ ~ ~.g; ~ .~~ ~ 8 :5 ~'a ~ a~' ~ a~ 8 B ~ ~~~ ~~....&~ .~ a l:: B 8 i ~ i 2 ~ ~ ~'s 8;: ~ ~ 2 to 8 . .... ... . . ~ :l . . .. '^ .... r'1 ~ /tJ --/cYi ~ ENVIRONMENTAL DOCUMENTS FOR THE EASTLAKE LAND SWAP GPA (GPA-92-03) (Not contained in this packet.) //J~/c;tJ ~~,() COUNCIL INFORMATION MEMO December 3, 1993 FROM: The Honorable Mayor and 70uncil John Goss, City Manager ,~. Robert A. Leiter, Director of Plannin~ TO: VIA: SUBJECT: Additional Information for the City Council Meeting of December 7, 1993 Attached is a copy of the Preliminary Fiscal Impact Analysis for the EastLake Land Swap and EastLake Greens General Plan Amendments (Item # 12 for the December 7, 1993, City Council Meeting). A summary of the information contained in this document has been included in the agenda statement you have already received for the meeting. RAL:DEB/nr Attachment /o'~/(?/ Economic Strategies Group ESG REPORT @December 1993 . FISCAL IMPACT ANALYSIS OF EASTLAKE GREENS and EASTLAKE LAND SWAP EXISTING GENERAL PLAN AND PROPOSED GENERAL PLAN AMENDMENTS Submitted to: EastLake Development Company 900 Lane Avenue, Suite 100 Chula Vista, California 91914 (619) 421-0127 / i) ,~/~\:J- 2702 North 44th Street, Suite 102A · Phoenix, Arizona 85008 . (602) 957-8071 TABLE OF CONTENTS 1.0 INTRODUCTION ........................................... 1 1.1 Summary of Results ....................................... 1 2.0 DETAILED PROJECT DESCRIPTIONS .......................... 4 2.1 Project Demographics ..................................... 4 3.0 IMP ACT ON THE CITY OF CHULA VISTA ...................... 6 3.1 Revenues ............................................... 6 3.2 Expenditures ............................................ 10 3.3 Net Fiscal Impact ......................................... 12 APPENDIX ) tJ-//} 11 Figure 1 Figure 2 LIST OF FIGURES EastLake Greens & Land Swap: Existing General Plan & Proposed Amendments; City of Chula Vista, 1993 Dollars ............... EastLake Greens & Land Swap: Existing General Plan & Proposed Amendments; Net Fiscal Balance Compared to Existing General Plan; City of Chula Vista, 1993 Dollars ...................... ) /7-/72-/ I III 2 3 1.0 INTRODUCTION This analysis demonstrates the fiscal impacts of the existing General Plan and General Plan Amendment alternatives for the development of two properties: the EastLake Greens, and the EastLake Land Swap. The impacts on the operation and maintenance budgets of the City of Chula Vista is detailed over a 15 year period. The development phase of these projects varies from 3 to 10 years, depending on the alternative chosen. The remaining years included in the analysis depict the impacts of the completed projects. The information and observations contained in this report are based on our present knowledge of the components of the developments, and of the current socioeconomic and fiscal conditions of the City of Chula Vista. Projections made in this report are based on hypothetical assumptions, and current public finance policies. However, even if the assumptions outlined in this report were to occur, there will usually be differences between the projections and the actual results because events and circumstances frequently do not occur as expected. 1.1 SUMMARY OF RESULTS The net annual impacts for each of the four development alternatives are shown in Figure 1. In the case of. EastLake Greens, both alternatives yield a negative net accumulated balance at the end of the 15 year period. The proposed General Plan Amendment for EastLake Greens has a larger negative impact than the existing General Plan alternative, ($1,302,436) versus ($214,342), given the higher density of residential development. The EastLake Land Swap has a negative impact of ($617,863) under the existing General Plan alternative which is for a strictly residential development. However, the General Plan Amendment alternative which includes the addition of 741,000 square feet of office and commercial/retail space yields a significant positive net impact of $4,768,528 cumulated over the 15 year analysis period. The positive impact of the amended EastLake Land Swap project more than offsets the negative impact of the amended EastLake Greens project. Figure 2 shows the difference between the amended and existing General Plan alternatives for each of the two properties. Over the 15 year period, the combined EastLake projects would yield a positive net impact of $3,466,092 under the amended alternatives versus a combined impact of ($832,205) under the existing General Plan. The difference of $4,298,298 in net revenues to the City strongly supports the General Plan Amendment development alternatives for the EastLake properties. The balance of this report describes the assumptions and results of the fiscal impact model in detail for each of the four development alternatives. Note that all remaining tables referenced in this analysis are included in the Appendix. / ;1/" )CJ ~ / I{, ~- / _,_~, / U { 1 .-4 ; ~; ~< CI)!iJ< ~CI)~ ~~>~ i~~~ ~~~~ O~O~ ~o.;>-_ ~i~ ~o ~ CI) ~ ~ ~ ;:J c ""'" r;a;., .... 8 ZQ.) fa c ca j ~ ~ = ~ ~ ~:6 CI)~ i ~ ~ ':d ~ ... 8 fa ~ ij s:: ca e ~ 5 0'''' ~!J i ~ ~ ~ ... 8 ~ ij -a ~ 5 i ~ . '" ~ Ij o~ ~ ~ ... 8 ~~ ij ~ s:: ~ 5 I '" o s:l a ~i:6 o ~ ~ --"<tC'l1rl00~r-r-C'lC'lC'l"<tC'l_ 0\-0\00000 NC'lr-"<tIrl-Nr- 1rl0\-C'lr-"<t ~ooNIrlOO~O\\O o ..; ~ r-: ...... ~. 0\ 0\ r-: vi ~ ...... 0 00 r-: Irl\OO\~O\ r-~-0\0\0\0\0000 ~~~Z;Z;~~~~~~~~~~ \0 0\ r-O\ 00 \0 0\1rl 0\ 00 00 00 00 00 00 000\~r-r-r-0\"<tr-1rl1rl1rl1rl1rl1rl N. oq, . ~ "!. C"l r-: ~ ~ Vl Vl Vl Vl Vl Vl \O~Irl"<tooNr-O------- Vl O\C'lVlO\"<tr-O\------ N Vl\O\O\Or-r-r-oooooooooooo ~ ~~~~~~~~~~~~~ '" ~ 5 ~ r-0-M~"<t0\~~080MOO\ r--Vl"<t\O\OVlr- ~ -r-ooM oooor-C'l"<too"<tM oo-"<too"<tM 8'~oOC'iooOr-:o~8'vi~"""8~ ~Vl~re:2~g:::M~~~~~N ~~~~~~-:....:....:...:...:...:...:...:...: ~~~~~~~~~ Irl ~ .-.. ,,-... ..-... .-.. ,-... .-.. .-.. ...-.. ,-... .-.. .-.. .-.. .-.. 0\ oor-r-~\ONVl"<tONNO\Vl r--O\ Vl -r-NVlr-r-r- ~ ~ "<to ~ -. . C"l ~ Vl q "!. ~ "!. ~ "!. ~ r-r-ooi~~"<tVlVl\O\Or-r- -N~ VlVlVlVlVlVlVlVlVl ~~~ ~~~~~~~~~ '-''-''-''-''-''-''-''-''-''-''-''-'''-' oo.....'lIl:t.........."f"l............................................. $8~~~~~~~~~~~~~ a~~iIIiiiiiiiii '" Q.) ::s 5 > ~ ~Irl\O~"<t8~0\~r-M~O\Mr- ~ ~;;:;. ~ ~ r-: r-::::. Vl ~ ~ ~ ~ ~ ~ ~:t~~~~~~l;~~~~~~ -N~~ ~~~~~~~~~~ ~~~~ ~~~~~~~~~~ ~.-.. ~ ~ ~ r::- ~ \0 cD \0 ~ S ~ S ~:::' "<t\Oo~"<tooOOooVlO\NMN "<t"<t~~Vl"<t~-oo\O~-ooVl ..c 0\ vS vS 00 0\ vS r-: 00 00 0\ 8. ...... ...... C'i z;~t;~~~~~~~~_s:s:s: '-"'-''-'''-''-''-''-''-''-'''-'''-'...".~~.". '-" '-' '-' '-' r-~O\r-MMr-r-r-r-r-r-r-r-r- r-~M---"<t"<t"<t~~~~~~ ooMVlOoooor-r-r-r-r-r-r-r-r- .no\s8'.nvi'''':''':'''':'''':''':''':''':''':''': ~.~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '" Q.) 5 ~ ~OMr-VlO\~-~O\r-~\Or-Vl ~O\\O-r-\O ~ Vlo\VlN-M oor-Or-~M ~ ooO~\OO\M o\o\VSo\r-:VSvi..;~C'iC'i......oo\o\ \o\QN.................................................oo -M~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~ ~QO.-....-....-....-...,-..".-....-...-...-...-...-....-....-.. ~-~~Mtt~~~~8~~~~ . ~ oq, q ~ ~ "!. oq, q ("i, ~. Vl r-: ~ q ~ r-MM~ooooO\O\O\O\O\O\o ~.........................................................N ......,~~~~~~~~~~~~ '-"'-''-'''-'''-''-'''-''-''-''-'''-''-' ~8r-~~~~~~~~~~~~ ~~~VlVlVlr-r-r-r-r-r-r-r-r- ~";~C'iC'iC'ir-:r-:r-:r-:r-:r-:r-:r-:r-: ~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~ '" Q.) 5 ~ O\~Vlr-Vl~~MVlM""O\$~~ VlC'lr-~ooO\It'l\Or-O\-~O\o\O ~. -. Vl Vl oq, C"l q oq, "!. ~. C"l ~ . oq, . ~~~~~~~~~~~~~~~ fIII}.............................................................................. ~~~~~~~~~~~~~~ ~ >- ~ E-< / /;' -/~/ip O-M~~Vl ......M('f'1~\t"l\Of'""oOOO\................................... 00 C'l Vl 00 \0 r- i r- ~ - ~ o - ~ ~ vS ~ vi - ~ ...... ~ \0 00 r-: - \0 ~ ......, ~ r- ~ ~ - ~ ~ Vl - 0\ "<t vi ~ (0 ~ ~ C'i o C"l - ~ ......, ~ - ~ 00 vi ~ ~ Vl ~ Vl i ...... M ~ ..; - M ~ ......, ~ ~ - ~ 00 ~ C'i ~ ~ e o ~ ., CI) (,) 's o ~ ~ CI) ~ 0\ ~ r- oq, - ~ FIGURE 2 EASTLAKE GREENS & LAND SWAP EXISTING GENERAL PLAN & PROPOSED AMENDMENTS NET FISCAL BALANCE COMPARED TO EXISTING GENERAL PLAN CI1Y OF CHULA VISTA 1993 DOLLARS Combined Year EastLake Greens EastLake Land Swap EastLake Projects 1 ($21,140) $41,097 $19,957 2 ($50,261) $64,247 $13,986 3 ($68,595) $110,582 $41,987 4 ($74,271) $165,179 $90,909 5 ($75,655) $229,983 $154,328 6 ($76,368) $290,732 $214,364 7 ($77,824) $333,015 $255,191 8 ($78,452) $393,270 $314,818 9 ($79,065) $472,342 $393,277 10 ($79,663) $550,346 $470,683 11 ($80,247) $549,161 $468,914 12 ($80,817) $548,004 $467,187 13 ($81,373) $546,986 $465,613 14 ($81,916) $546,102 $464,185 15 ($82,447) $545,346 $462,899 Total ($1,088,093) $5.386.392 $4,298,298 Source: Economic Strategies Group, 1993. /1/)- J~ 7 2.0 DETAILED PROJECT DESCRIPTIONS EastLake Greens The first project, EastLake Greens, includes a total of 74 acres. The existing General Plan would allow for 234 low-medium density single family housing units. The development would also include 13 acres of public space and 9 acres of streets. Table 1A details the project components showing the size and average market price of each product type in the development. The proposed General Plan Amendment would reduce the number of low- medium density single family units in this development to only 14, and add 700 units of medium-high and high density residential. This would allow for the addition of 17 acres of open space, along with 14 acres of public space, as shown in Table 1B. The phasing of these alternative projects is detailed in the absorption schedules developed by EastLake Development Company. The existing General Plan alternative would develop over a 3 year period with a high level of absorption in the first two years, 100 units annually, and 34 units in the third year, as shown in Table 2A The General Plan Amendment absorption would extend over a 4 year period. The level of development is expected to peak in the first year at 314 residential units, and taper off substantially over the remaining 3 years (Table 2B). For the purpose of this analysis, absorption represents new units being sold (or rented), and occupied. EastLake Land Swap The EastLake Land Swap project is strictly a residential development under the existing General Plan which includes a total of 161 acres. It would include 772 housing units of low to medium density residential. The project would also include 9 acres of open space and 35 acres of streets and other public space. The development description is shown in Table Ie along with average sizes and prices for the housing units in this alternative. The General Plan Amendment alternative would increase the density of residential development, allowing for 848 housing units, and add a nonresidential component. The nonresidential component would include 221,000 square feet of professional/administrative space and 520,000 square feet of commercial retail, as shown in Table 1D. The expected absorption schedule for the first alternative is shown in Table 2C. The project would be developed over a 5 year period at a rate of 225 units per annually in the first 2 years, tapering off to 60 units in the final year. In the second alternative shown in Table 2D, the absorption schedule would be extended to a 10 year period. All residential development would occur in the first 3 years, while the office and commercial absorption would be spread out fairly evenly over the 10 year development period. 2.1 PROJECT DEMOGRAPHICS Since many of the impacts of these projects are based on the additional population and employment which would be generated, it is necessary to project population levels resulting from the absorption of the new housing units, and the number of employees generated from the development of office and retail space. 4 //J //~)~/ Table 3 shows the household size factors which were applied to the absorption of new housing units in each of the four development alternatives. In addition, estimates of square feet per employee are shown for the two types of nonresidential development included in the EastLake Land Swap. These assumptions were obtained from Ed Batchhelder, of the Chula Vista Planning Department. The population per dwelling unit of 2.884 is based on the total housing inventory. Since some revenue items are best estimated using the number of occupied housing units and the square footage of occupied nonresidential space, it is also necessary to make assumptions about the long term occupancy rates in each of the project alternatives. Residential occupancy rates were assumed to be 96 percent in both developments, and commercial/office occupancy rates were assumed to be 95 percent in the EastLake Land Swap second alternative. These assumptions were based on data from the 1990 Census, and our experience with Southern California real estate markets. These occupancy rates are applied to the projected absorption schedules in Tables 4A through 4D. Note that all housing units are assumed to be occupied in the year which they are first sold. Likewise with commercial space, which is assumed to be occupied as it is built. In the EastLake Greens existing General Plan alternative, the number of occupied housing units increases over the first 3 years, and levels off at 225 occupied units (Table 4A). The housing unit projections for the amended General Plan alternative are similar, although the number of additional occupied units is much larger, given the increased density of residential development (Table 4B). In the EastLake Land Swap project, the existing General Plan alternative would imply the projected number of occupied housing units to increase over the first 5 years of development, with a peak of 744 occupied units in year 5 (Table 4C) The second development alternative for the EastLake Land Swap property would result in 815 new occupied housing units by year 4, as shown in Table 4D. In addition, the square footage of nonresidential space would gradually increase over the first 10 years, levelling off at a total of 703,950 occupied square feet by year II. Application of the household size assumptions to the number of new units yield population projections for each of the projects as shown in Tables 5A through 5D. For the EastLake Greens project, the long term increase in population ranges from 648 people to 1,978 people, depending on the development alternative. In the case of the EastLake Land Swap, there is less variation in the population projections between the two alternatives, but the General Plan Amendment also includes employment projections resulting from the nonresidential component. Total employment resulting from this development alternative is projected to peak at 1,834 people in year 10, with a long term projected increase of 1,828 people. 5 I /, ./ J (1 (1 j(./ J / i 3.0 IMPACT ON THE CIlY OF CHULA VISTA This portion of the analysis will address the fiscal impact of these development alternatives on the operation and maintenance budget of the City. The analysis is based on intergovernmental municipal finance applicable as of July 1,1992. This analysis assumes the constraints and limitations imposed by existing State laws, including Proposition 13. In general, the methodology employed in this analysis is driven by socioeconomic and other planning variables suitable for predicting revenues from a particular source or expenditures by a particular department. By applying the levels of these planning variables implied by each of the development alternatives to the base rates for the City of Chula Vista, the expected impact of each of the projects can be calculated. Table 6 shows the set of socioeconomic and planning variables compiled for Chula Vista and the EastLake Greens and EastLake Land Swap projects for the purpose of this impact analysis. Estimates of population and occupied housing units are for 1993, while street miles, ADT's, and park and open space acreage are current as of 1991. Employment by place of work for Chula Vista is based on the most recent SANDAG estimates which are for 1990. Also, an integral part of the expenditure side of the analysis is the calculation of total Equivalent Dwelling Units (EDU's) for the City of Chula Vista. The EDU factor is based on the concept that public services are delivered to a community which consists of both residences and businesses. It is an adaptation of the equivalent connection unit concept used in utility rate analysis and utility billings. It provides a unit- cost measure with a common base for all activities, computed by dividing expenditures by a base factor of EDU's. An EDU is equivalent to one residential unit, resulting in a total of 67,855 EDU's in the City of Chula Vista, based on resident population and employment by place of work. Residential EDU's are calculated by dividing the population by the average persons per household as shown in Table 6. The residential EDU's (50,251) plus the business EDU's (17,604) make up the total EDU's of 67,855 in Chula Vista. 3.1 REVENUES The revenue information for the City of Chula Vista included in this analysis is based on actual fiscal year data obtained from the 1992-93 Schedule of Revenues. The results of the impact analysis are expressed in constant 1993 dollars. Although the analysis is based on constant dollars, the general rate of inflation and property value appreciation will have an effect on the results of the analysis due to the implications of Proposition 13. For this analysis, both rates are assumed to be 4.5 percent per annum. Table 7 displays the current General Fund revenue information by source for the City of Chula Vista. Also shown in this table are the assumptions made to estimate the generation of revenues in resulting from each of the four development alternatives. Four sources of revenue are explicitly calculated based on current tax regulations: property tax, property transfer tax, franchise taxes, and utility taxes. Calculation of these revenues is detailed in the text below. Business license tax impacts are included only for the EastLake Land Swap General Plan Amendment alternative. 6 / i~\ --;;2/) (} Six sources of revenue were identified as not being directly impacted by development of the EastLake projects including: current unsecured property taxes, delinquent property taxes, transient lodging tax, other revenue from agencies, and other revenues. Most of these revenues are from sources which would not be affected by any specific development, or in the case of transient lodging taxes, they do not apply to this type of development. The remaining revenues sources listed on Table 7 are generally estimated on a per capita basis. Property Tax Property tax is a function of the property tax rate and the total assessed value of the development alternatives. The property tax rate limit of 1 percent of total assessed value (T A V) is shared out to the City according to Annual Tax Increment ratios. This analysis uses a rate of 10.14 percent, the current average ratio of T A V for the EastLake properties. It is important to note that Chula Vista's property tax share has recently been reduced to this level by State legislation which has significantly impacted local government finances throughout California. However, at the time of the 1992-93 budget from which the levels of revenues and expenditures were taken, the City was still receiving a 13.85 percent share of property tax revenues. This analysis uses the updated property tax share in order to provide a more accurate estimate of future property tax revenues. It is likely that the City will have to adjust its expenditures downward or increase local revenues from the levels shown in the 1992-93 budget in order to account for the property tax redistribution. Therefore, the assumptions used in this analysis represent a conservative projection of the net impact of the EastLake projects. Due to Proposition 13, assessed value can only increase at a rate of 2 percent per year, unless a property is sold. Therefore, the calculation of projected assessed value must take into consideration not only original sales price and the rate of inflation, but also the rate at which housing units are re-sold. If we assume the rate of housing appreciation is equal to the rate of inflation, then as time goes on, the total assessed value of any property will decline in real terms unless the rate of inflation is less than 2 percent, or all properties sell each year. In order to simulate this process, it is necessary to determine the turnover rate for each type of residential and nonresidential development in the four alternatives. Tables 8A through 8D show the application of these rates to each of to each of the alternatives in terms of the number of housing unit resales by type, and in the case of the EastLake Land Swap General Plan Amendment alternative, square footage resale by type. When a housing unit or nonresidential space is re-sold, its increase in assessed value is equal to the difference between the current selling price, and the previous selling price inflated at 2 percent per year. Therefore, it is necessary to determine the period of time since the property was last sold. The reciprocal of the turnover rate yields the average time since a property was last sold--a 14.3 percent turnover rate implies a resale every 7 years. However, this rate cannot be used in the early years of a development since none of the units will be old enough to have been sold 14 years ago. As a result, no re-sales occur in the first year of development, and the average age at resale increase with the age of the development until the latest years of the analysis. For the EastLake Greens existing General Plan alternative, the total number of sales (re- sales) stabilizes in the post development period at 33 units annually, or about 14 percent of the project inventory. In the second alternative for EastLake Greens, the number of resales varies by development component. The total number of resales once the development is complete is expected to be about 686 units annually. )l~) - c2{; I 7 For the EastLake Land Swap, the existing General Plan alternative would imply a long term turnover rate of 30 low-medium density units per year and 80 medium density units per year, or about 14 percent of total inventory. Under the General Plan Amendment alternative, total residential re-sales would stabilize at 93 units per year beginning in year 5. For the nonresidential component, sale (re-sale) of space would increase up to year 11, when the development would built-out, stabilizing at a long term turnover of 49,400 square feet per year, or 6.7 percent. Total assessed value becomes the sum of the value of each unit at the original time of sale, plus the increase in assessed value at the time of resale, using prices inflated at a rate of 4.5 percent per year. Therefore, the projections of total assessed value must be deflated at the rate of inflation to keep the analysis in constant 1993 dollars. Tables 9A through 9D show the calculation of total assessed value for each of the development alternatives in thousands of dollars, based on the assumptions outlined above. In both cases, the General Plan Amendment alternative will have a higher assessed, and thus generate more property taxes, than the existing General Plan alternative. For EastLake Greens, the existing alternative assessed value peaks in year 3, the last year of development, at $52.7 million in 1993 dollars. This is in comparison to the amended alternative which peaks at over $88 million in year 3. After year 3, the assessed value gradually declines as the rate of inflation begins to outstrip the 2 percent increase in value for most units, based on Proposition 13 limitations. Using the new allocation of property tax dollars to the City of Chula Vista, the peak year of the amended alternative would generate about $89,337 in property tax revenues versus on $53,444 under the existing alternative. For the EastLake Land Swap property, the residential component of assessed value is higher in the existing General Plan alternative, because of the higher average unit values. However, the nonresidential component in the Amendment alternative adds significantly to the total assessed value of the project which peaks in year 10 at $205 million in 1993 dollars, compared to a peak of only $144 million in year 5 for the existing General Plan alternative. The existing General Plan alternative would generate approximately $146,273 in property tax revenues to the City in the peak year, compared with $208,470 in revenues from the amended alternative. Sales Tax Sales tax generated by residents in the EastLake developments is based on a rate of $39.59 per person. The per capita rate is based on 50 percent of the total sales tax collections in the City of Chula Visa divided by the resident population. The remaining 50 percent of sales tax collections is assumed to be a function of retail development. For the EastLake Land Swap amended alternative, there is a retail component which generates sales tax at a rate of $300 per square foot. However, only half of the sales tax revenues generated by the retail development are included in the projected sales taxes, because the other half were attributed to the residential population. Property Transfer Tax Sales of real property in San Diego County are taxed at a rate of $1.10 per ~1,000 of th.e sales price. The City of Chula Vista receives 50 percent of the revenues resultmg from thIS tax. Tables lOA through lOD show the sales, and re-sales of housing units and 8 ", / i:> -;2 () ~ nonresidential space in the EastLake project alternatives. These sales multiplied by the average market price for that year, and the tax rate, yield projections of property transfer taxes resulting from each of the development alternatives. As with property taxes, the total value of collections must be deflated at the rate of inflation to be expressed in constant 1993 dollars. As with property tax revenues, the property transfer taxes generated by the proposed General Plan Amendment alternatives are greater in both cases than the existing General Plan alternatives, because of the increased number of units. Franchise Fees Franchise fees in the City of Chula Vista are collected for sales of natural gas, electricity, cable television, and trash collection. Gross revenues per dwelling unit were estimated by Angus McDonald and Associates to be $250 for gas, $469 for electricity, $252 for cable television, and $144 for trash collection. These rates were applied on an EDU basis to the nonresidential development component in the EastLake Land Swap, with the exception of cable television which was assumed to generate no revenues from nonresidential development. Gross revenues from the four sources listed above are currently taxed at rates of 2.0 percent, 3.0 percent, and 7.0 percent, respectively. For the EastLake Greens property this translates into $5,739 annually for the existing alternative and $17,513 annually for the General Plan Amendment alternative when these developments are complete. For the EastLake Land Swap, the existing alternative will generate $18,935 in franchise fees annually upon completion, compared to the amended alternative which will generate $33,628 annually in revenues to the City. Utility Users' Taxes The City of Chula Vista collects utility users' taxes for the use of natural gas, electricity, and telephone service. The tax is based on 5.0 percent of phone revenues, $0.00919 per therm of natural gas, and $0.0025 per kilowatt of electricity. Annual consumption of these utilities by a residential unit was estimated by Angus McDonald to be $540 of telephone use, 480 therms of natural gas, and 4,800 kilowatts of electricity. For the proposed nonresidential component of the EastLake Land Swap, utility usage was based on EDU's. Annual utility users' tax generated by the EastLake Greens existing General Plan alternative was estimated at $9,759 upon completion of the project. Utility taxes generated by the amended General Plan alternative are substantially higher at $29,777 annually, given the increased number of housing units. For the EastLake Land Swap, the existing General Plan alternative is projected to generate $32,196 annually on a long term basis, compared to $62,882 annually for the proposed General Plan Amendment alternative. Total Revenues Combining revenue generation of the four individually modeled sources with per capita based revenues yields total annual revenues resulting from each of the four development alternatives. As shown in Tables llA and llB, revenues from the EastLake Greens project will more than double with the proposed increase in density of residential development. In the existing alternative revenues increase over the three year development period to a peak of $135,575, then level off to approximately $128,000 annually. In the latter years, total revenues decline slightly due to the slow devaluation of real assessed value. For the ~eneral Plan Amendment alternative for EastLake Greens, total revenues peak at $326,062 In year 3, then decline gradually over the remaining 12 years. J (:fJ .- ~(J;J 9 Total revenues for the EastLake Land Swap are shown in Tables lIC and lID. The existing General Plan alternative would generate an estimated $406,994 in revenues to the City in the peak year (year 5). The General Plan Amendment alternative would generate more than twice as much in annual revenues, peaking at $1,306,830 in year 10. 3.2 EXPENDITURES Expenditure information for the City of Chula Vista included in this analysis is based on actual data for fiscal year 1992-93, obtained from the Schedule of Expenditures. General fund expenditures by department are used to quantify the operation and maintenance costs of providing services. The projection of costs in this analysis assumes no significant or predictable changes in the service standards of the City of Chula Vista. Table 12 displays the current General Fund expenditure information for the City of Chula Vista by department. Cost items are separated into two groups, Line Operations and Overhead Functions. Overhead functions include all general government functions, as well as the building and custodial maintenance functions of public works. These items currently represent 16.23 percent of all city expenditures, or 19.4 percent of total Line Operations. So as not to burden the EastLake projects with overhead charges for departments not impacted by the developments, overhead costs are calculated as 19.4 percent of the total Line Operation impact of the project. The impacts of the EastLake projects on most of the Line Operations are estimated using population and the Equivalent Dwelling Unit (EDU) measure, discussed previously. However, for some public services, such as street maintenance, specific factors like street miles are acknowledged as standard indicators of cost. Not included in the analysis are departments that are generally self-supporting, or whose fees are calculated to exactly cover the cost of providing the services. Specifically, these include: Economic and Community Development; Building and Housing; and Sanitary Sewer and Waste Water Maintenance Departments. The following sections review the impact assumptions for the Line Operations that would be impacted by the EastLake projects. Planning Expenditures for non-current planning activities are projected using EDU's. Non-current Planning expenditures are assumed to be 45 percent of total Planning expenditures. As shown in Table 12, these non-current Planning activities currently require expenditures of $735,508 annually, or $10.84 per EDU city-wide. This rates translates into an impact of $2,608 per year upon build-out of the existing EastLake Greens alternative, compared to $7,962 per year for the proposed alternative. For the EastLake Land Swap, the existing alternative would have an long term impact of $8,610 per year, compared to the proposed alternative which would generate annual expenditures of $16,838. For both properties, the proposed General Plan Amendment alternatives translate into more EDU's, and thus generate larger expenditure impacts. 10 , j": r OJ /~) L. /..1 / L/ oL {./' / Police and Fire Protection Expenditure projections for police and fire protection are projected usingEDU's. As shown in Table 12, Police Protection and Animal Control services cost $235.03 per EDU. The resulting annual impact for the existing General Plan and proposed amendment alternatives for the EastLake Greens development are $56,554 and $172,629, respectively, in the build- out stage of the projects. For the EastLake Land Swap, the annual cost of police protection is estimated at $186,680 for the existing development alternative at build-out, and $365,069 for the proposed alternative. Fire Protection is estimated to cost $95.72 per EDD, translating into annual impacts of $23,033 and $70,306 for the existing and proposed development alternatives for EastLake Greens. Comparable impacts for the EastLake Land Swap existing and proposed alternatives are $76,029 and $148,681, respectively. Public Works The basis for the cost of Public Works administration includes only Operations Administration and Communications, resulting in an allocation rate of $9.875 per EDD city- wide. All other costs in the area of Public Works are derived from street and traffic operation and maintenance costs. Traffic Signal Maintenance, Street Sweeping, and Street Tree Maintenance are all based on street miles which vary in each of the four alternatives. Traffic Operations and Street Maintenance expenditure impacts are based 50 percent on street miles and 50 percent on average daily trips (ADTs). The street maintenance functions have no impact until year 7, since no services will be required until that time. Total public works impacts from the EastLake Greens development alternatives are projected at $15,722 annually for the existing alternative and $15,660 for the proposed amendment. The proposed amendment alternative includes higher density development, and thus requires fewer circulation streets. For the EastLake Land Swap, the existing alternative would require $22,550 in annual public works expenditures at build-out, whereas the proposed amendment alternative would require $52,343 annually. This difference is due both to the additional street miles included in the second alternative, and the number of additional trips generated by nonresidential development. Parks. Recreation and Library The expenditure allocation assumptions for these departments are as follows: · Allocation of park administration and maintenance costs are based on total number of park acres; · Administration costs for open space are not applicable because they will be paid through a lighting and landscaping district; and · All recreation and library expenditures are on a per-capita basis and apply only to residential development. 11 / /' / l~) S / (/ ~t/- These assumptions are applied to actual city-wide expenditures to yield projected expenditures for the EastLake development alternatives. Currently, the City of Chula Vista has approximately 317.4 acres of parks, about 700 acres of open space, and a population of 144,924. None of the development alternatives in this analysis involve the addition of any park acreage, so there are no parks administration or maintenance impacts. In terms of recreation and library expenditures, the total annual cost impact for the existing General Plan alternative for EastLake Greens would be $24,062 at build-out, compared to $73,449 for the proposed amended alternative which includes a much greater number of residents. For the EastLake Land Swap, the existing General Plan alternative would have an annual impact of $79,428 on recreation and library expenditures at build-out, whereas the proposed amended alternative would have an estimated annual impact of $87,226. Total Expenditures Total City operation and maintenance expenditures resulting from each of the development alternatives are shown in Tables 13A through 13D. In general, total expenditures increase during the development period, then level off at build-out. A small additional increase occurs in year 7 when street maintenance expenditures begin. For EastLake Greens, the existing General Plan alternative, total recurring expenditures are projected to peak in year 7 at about $147,717 annually. The proposed development alternative for this property would create an expenditure impact of approximately $411,747 annually, at build-out. For the EastLake Land Swap property, the existing development alternative would generate an estimated $452,061 in annual expenditures, whereas the proposed alternative would have an expenditure impact of about $811,558 annually, once the project is complete. 3.3 NET FISCAL IMPACT Tables 14A through 14D show the net fiscal impacts of each of the proposed development alternatives during the first 15 years of development and operations. For the EastLake Greens existing General Plan alternative, revenues are expected to exceed expenditures until year 3 when a small annual deficit begins to occur. The accumulated balance at the end of the 15 year analysis period is ($214,342). The proposed General Plan Amendment alternative for EastLake Greens shows a negative net balance throughout the analysis period. This net balance accumulates to a total negative net impact of ($1,302,436) over the 15 year analysis period. The EastLake Land Swap property is projected to have a negative net impact under the existing General Plan alternative, but a substantial positive net impact under the proposed General Plan Amendment alternative. This is expected, due to the size of the proposed nonresidential component. In the first development alternative, revenues are projected to exceed expenditures beginning in year 3 of the impact. The total accumulated ne~ fiscal balance in year 15 is projected to be ($617,863). The second development alternatIve for the EastLake Land Swap property shows a positive net balance in every year which peaks at $495 272 in year 10 as the development reaches build-out. Over the 15 year period, accumuiated revenues are expected to exceed expenditures by $4,768,528. This large positive net impact is enough to substantially offset the negative impact of the proposed amended alternative for the EastLake Greens project. 12 /~ -o2L) 6 APPENDIX J ;5' /c1{j' 7 TABLEIA EASTLAKE GREENS EXISTING GENERAL PLAN DEVELOPMENT DESCRIPTION Average Average Development Housing Gross Lot Size Building Market Component Units Acres (Gross Acres) Sq.Ft. Price Low-Medium Residential 234 52.0 0.22 1,800 $225,000 Medium Residential 0.0 1,500 $175,000 Medium-High Residential 0.0 1,100 $150,000 High Residential 0.0 1,000 $110,000 Professional! Admin. 0.0 n.a. 0 $100 Commercial Retail 0.0 n.a 0 $150 Open Space 0.0 n.a n.a $0 Circulation Streets 9.0 n.a n.a $0 PuibliclQuasi Public 13.0 n.a n.a $0 TOTAL 234 74.0 0.32 Source: EastLake Development, Nov. 1993. )i)~2C)~ TABLE 18 EASTLAKE GREENS PROPOSED GENERAL PLAN AMENDMENT DEVELOPMENT DESCRIPTION Average Average Development Housing Gross Lot Size Building Market Component Units Acres (Gross Acres) Sq.Ft Price Low-Medium Residential 14 3.0 0.21 1,800 $225,000 Medium Residential 0.0 1,500 $175,000 Medium-High Residential 238 17.0 0.07 1,100 $150,000 High Residential 462 21.0 0.05 1,000 $110,000 Professional/Admin. 0.0 n.a. 0 $100 Commercial Retail 0.0 n.a 0 $150 Open Space 17.0 n.a n.a $0 Circulation Streets 2.0 n.a n.a $0 PuibliclQuasi Public 14.0 n.a n.a $0 TOTAL 714 74.0 0.10 Source: EastLake Development, Nov. 1993. JJ) 'dO? TABLEIC EASTLAKE LAND SWAP EXISTING GENERAL PLAN DEVELOPMENT DESCRIPTION Average Average Development Housing Gross Lot Size Building Market Component Units Acres (Gross Acres) SQ.Ft Price Low-Medium Residential 212 47.0 0.22 1,800 $225,000 Medium Residential 560 70.0 0.13 1,500 $175,000 Medium-High Residential 0.0 1,100 $150,000 High Residential 0.0 1,000 $110,000 ProfessionaV Admin. 0.0 n.a. 0 $100 Commercial Retail 0.0 n.a 0 $150 Open Space 9.0 n.a n.a $0 Circulation Streets 14.0 n.a n.a $0 PuibliclQuasi Public 21.0 n.a n.a $0 TOTAL 772 161.0 0.21 Source: EastLake Development, Nov. 1993. /1')-2 } C) TABLEID EASTLAKE LAND SWAP PROPOSED GENERAL PLAN AMENDMENT DEVELOPMENT DESCRIPTION Average Average Development Housing Gross Lot Size Building Market Component Units Acres (Gross Acres) Sq.FL Price Low-Medium Residential 68 15.0 0.22 1,800 $225,000 Medium Residential 0.0 1.soo $175,000 Medium-High Residential 406 29.0 0.07 1,100 $150,000 High Residential 374 17.0 0.05 1,000 $110,000 ProfessionaV Admin. 17.0 n.a. 221,000 $100 Commercial Retail 52.0 n.a 520,000 $150 Open Space 14.0 n.a n.a $0 Circulation Streets 17.0 n.a n.a $0 Puiblic,Quasi Public 0.0 n.a n.a $0 TOTAL 848 161.0 0.19 Source: EastLake Development, Nov. 1993. )(}-c-2J! 0 - le cl) >< 0\ le cl) >< 00 le cl) >< t- ~ >< \0 a cl) >< 10 a cl) >< ~ a cl) >< ("1 ~~ ~ ~ ("1 tI)...:lS >< Z~Cl C'l -< ~;!fj ~ 8 ..... 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" 0 - ~ >- 0\ ~ >- 00 ~ II) >- f' ~ >- IC ~ >- lrl ~ ~ >- "<t ~ lrl ~ - >- M ~~~ ~ ~lrl -~ - ~liS >- ~ u ~i~ ~ 8 ~. - - N >- ~ <: Vl ....J ....l Z - l:Cl ~~g ~ 8~ -< - - Eo- !=l~~ >- VlE=:o C <:VlVl 0 ~~ ~~~ iO::2 8lrlOO 8 ~ ~ lrl lrl ...-t ..... ...... ..... 00 <:.&J ('t') lrl <: II) ~ '8 00 C'~ Vl bO .S ~ ~ 0 ~ 'S - IC 0 0 :ij::J ~lrl .... 5 .... e 5 Q"C .sa ~ e II) 0 ClU ~ ~ c c II) oS '0 ca .... or;! '::2 .., ~.g~~ e.... ~ c ~~:E~ is ,''' ::a~~~ ~ ~ ~ ~ .3::a::a:E c- .... 's ~~ ~3 o ~ .... II) ~ e ~ e ~8 ~ ~ - ;;: ~ ..: c II) e go 'is > ~ ! ~ G) ~ o Vl //J --02)'/ Q ~ t.:l ...;j =:l ~ ~ ~!@~ ~~~ en~~ !@ 'U <li:en ~i~ ~~~ enOen ~ffi~ en 2 ~ ,::l.. C o ~ .= 2 ~ <.&J < ~ 8 O"~ en o - !;3 CI) >< 0\ ~ >- 00 ~ >- f' ~ >- \0 ~ >< V'} ~ >- "<t ~ >- r"l ~ >< 8t! - ('l ~ >< 00 V'} V'} - - - ~ >- 00 Vl V'} - - 00 \0 8V'}00 ('lV'}V'} ..... ..... ..... ..... l:lO .5 !!i \0 "<t ~ 'a 00 0 0 f' ~::> \0 "<tr"l ... 53 ... e 53 Q.C oS ~ e ~8 Cil 3 .= ... C C CI) -8 '0 ;; ._ -;; .,C U} 2c~Cil ~ -8 .= e.- ~ C ::S~:.::l-8 ;;::; ~ j.J.i.- ~ I (I.l """' e e CI) ,o!; ::s ::s ~ ~ ~ i ~ j::g::g::E ~~ "';0 - V'} ~~ 00 r"l V'} ~~ ,00 r"l V'l ~~ 00 r"l V'l ~~ 00 r"l V'l ~~ 00 r"l V'l ~~ 00 r"l V'} ~~ 00 r"l V'} ~~ 00 r"l V'l aa ....0 ('l ('l ('l V'l .5 ~ ~~ ~3 o ~ .- CI) ~ e ~ e ~8 ~ g ~ g ~ ~ .... ;; ~ ... C CI) e 8- 'i) > ~ ~ ~ o ~ o en / pi ~.. J / __Z;; TABLE 3 EASTI..AKE GREENS & LAND SWAP EXISTING GENERAL PLAN & PROPOSED AMENDMENTS POPULA nON AND EMPLOYMENT DENSITY Development Component Household Size Square Feet per Employee Low-Medium Residential Medium Residential Medium-High Residential High Residential 2.884 2.884 2.884 2.884 Professional! Admin. Commercial Retail 250 500 Source: Ed Batchhelder, Chula Vista Planning Department, Nov. 1993. /1/,-;2/6, '" 'I") 'I") 000 'I") 00' 0 ~ - C'l C'l I C'l C'l - >- - 0 'I") 000 'I") 00 0 - C'l C'l ~ C'l C'l ~ >- 0\ 'I") 0 0 0 'I") 00 0 ~ C'l C'l C'l C'l >- 00 'I") 0 00 'I") 00 0 ~ C"l C"l C'l C"l ~ >- U ~ f""- 'I") 000 'I") 00 0 CI) ~ C'l C"l ....:l C'l C'l ~ >- ~ \0 'I") 0 0 0 'I") 00 0 ~ ~ C"l C"l Q C'l C'l - ~ CI) >- ~ ~~ 'I") 'I") 0 0 0 'I") 00 0 ~ C"l C"l C'l C"l en....:lZ >- Zp..Q ~;~ '<t 'I") 0 00 'I") 00 0 -< ~ C'l C'l '<t o ~ C'l C'l ~ ~~Z >- ...:l = O::;:l r<"l \0 0 0 0 \0 00 0 -< ~OO ~ C"l C'l E- C"l C"l Cl)Z~ ~ <f::CI) >- ~CI)::;:l XO C"l \0 0 0 0 \0 00 0 ~:I: ~ 0\ 0\ Q - - !:J >- !5 - 800 0 8 00 0 U ~ U - - 0 >- Q G u r<"l g:j bOl:: ~ 0\ ~ ~ ~ ~ ~ ~ 0\ ~ I:: = - .3~ = \0 \0 \0 \0 In 'I") e 0\ 0\ 0\ 0\ 0\ 0\ Q. = 0 ~ ~ .... ';J bO ';J B .~ .~ ~ I:: I:: .g ~ CI) ';J:;2 ~ =- ....:l u 'r;; .~ '" .... 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C'i ~ 10 ;;b~ 0\ "<t ~ C'i ~~ 00 \0 0\ ~ C'i ~~ \0 10 0\ "<t ~ C'i \0 0 r- 00 10 "<t 0\ -;t. C'i ~ 10 \0 00 "<t ~ o r- ~ C'i oo~ ~~ ;;b ~ - ~~ ~ - ~ - ~8 - - ~8 ~IO ~ c_ .... .5 .8 4) <~ ~:3 o e .... 4) ! ~ ~8 00 ~ ~ - ~ ~ - o ~ r-:. - ~ - "<t r- "<t. - ~ - \0 10 ~ - r- ~ 00 ~ \0 0\ ~ "<t ~ ~ ~ ~ ~ - ci. = ~ :s '60 8 g CI') y '1 ~ ~ o CI') )t:J --c2<;;2 i TABLE 6 EASTI..AKE GREENS & LAND SWAP EXISTING GENERAL PLAN & PROPOSED AMENDMENTS ANALYSIS PARAMETERS GENERAL Chula Vista Population in Households Occupied Housing Units Employment (1990) Street Miles Total ADTs Park Acres Open Space Acres EastLake Greens Park Acres Public Street Miles Open Space Acres EastLake Greens Amendment Park Acres Public Street Miles Open Space Acres EastLake Land Swap Park Acres Public Street Miles Open Space Acres EastLake Land Swap Amendment Park Acres Public Street Miles Open Space Acres 144,924 50,251 50,769 281.5 1,148,035 317.4 700.0 0.00 1.13 0.00 0.00 0.25 17.00 0.00 0.82 9.00 0.00 1.00 14.00 Residential EDUs EQUIVALENT DWELLING UNIT CALCULATION = # of Residents = 144,924 = Persons per Dwelling Unit 2.884 50,251 Nonresidential EDUs = # of Locally Employed Persons per Dwelling Unit = 50,769 2.884 = 17,604 Total EDUs = 67,855 Sources: California Department of Finance, 1993. SANDAG, Series 7 Projections, 1990. City ofChula Vista, Planning Department, 1993. City of Chula Vista, Transportation Department, 1991. Government Finance Review, "The Equivalency Factor", 1990. Economic Strategies Group, 1991 & 1993. /t!} ~ ~~_r;/ TABLE 7 EASTLAKE GREENS & LAND SWAP EXISTING GENERAL PLAN & PROPOSED AMENDMENTS REVENUE GENERATION ASSUMPTIONS City of Chula Vista Actual 92-93 Revenues Amount Percent EastLake Properties Generation Property Taxes Current Secured 7,495,135.82 18.79% Based on 10.14% of! % ofTA V Current Unsecured 423,696.25 1.06% Not Applicable Delinquent 407,573.69 1.02% Not Applicable Other Taxes Sales & Use Taxes (1) 11,473,867.12 28.76% $39.59 per Capita Franchise Fees 1,906,397.73 4.78% Based on Gross Revenue per EDU and Tax Rates Transient Lodging 1,078,914.00 2.70% Not Applicable Property Transfer 253,434.25 0.64% Based on Tum-over Driven Simulation Utility Taxes 2,740,462.44 6.87% Based on Consumption/Revenues and Tax Rates Licenses and Permits Business Licenses 806,790.06 2.02% $15.891 per Employee Animal Licenses 45,022.50 0.11% $0.311 per Capita Bicycle Licenses 2,804.45 0.01% $0.019 per Capita Fines, Penalities and Foreitures Ordinance Violations 115,412.80 0.29% $0.796 per Capita Library Fines 129,542.27 0.32% $0.894 per Capita Use of Money 595,464.82 1.49% Based on 7 percent of the previous year net fIscal impact for EastLake properties (if positive). Revenues from Other Agencies State HOPTR 180,485.57 0.45% $1.245 per Capita Motor Vehicle Licenses 5,006,271.65 12.55% $34.54 per Capita Gas Tax (2) $10.71 per Capita Other 865,531.50 2.17% Not Applicable Charges for Current Services Swimming Pools 149,200.56 0.37% $1.03 per Capita Recreation Programs 37,565.32 0.09% $0.259 per Capita Park Reservation Fees 22,405.00 0.06% $0.155 per Capita Other Park & Recreation Fees 7,698.00 0.02% $0.053 per Capita Misc. Service Charges 6,333.99 0.02% $0.044 per Capita Other Revenues 6,146,788.00 15.41% Not Applicable Total Recurring Fund Revenue 39,896,797.79 100.00% Sources: City of Chula Vista, Statement of Revenue, 1993. Economic Strategies Group, 1991 & 1993. 01-Dec-93 (1) Based on 50 percent of total collections. 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"'M ~ ('f'\..... 00 Ng.... 0...,.000- 00 o-o-...,.M- f:"i": ~ t-."''''\Dt- .... 0\1" \D"'''''' ~:>r("ot- ~ 9 l oe g C) ..! Oil ! ~ !p.e..- gi ~.!~a a ~ 6:; t dil o~ .2 .r 08 H ! j ISm!~t<.l ~ o~ H 1 .s o. c;enc2c:l.O:i 0- N N ~ N. ;; ~ ...,. 8 "'. - tI't N ~ o "'. - tI't o - ...,. a ..... - tI't ~ ~ "'. ;; o .... 00 ~ ..... - tI't ~ ~ - tI't .... ~ ~ - - ~ 0- .... ...,. ~ - tI't ~ 00 00" '" 0- tI't .... \D ...,. o '" 00 tI't M ...,. N M \D t; - .... t-. 00 00 ~ e 00 ~ .... ~ ..; ~ oJ 0 ::I.... 58: ~; '!i Ii enO ;09 ~~ :;en o o~ ~ 8 .~ 8 Utzl r::: 00 ~ '" ~ J If os ! l ~ 8 en TABLE 12 EASTLAKE GREENS & LAND SWAP EXISTING GENERAL PLAN & PROPOSED AMENDMENTS COST ALLOCATION ASSUMPTIONS City ofChula Vista Actual 92-93 Expenditures Amount Percent EastLake Properties Allocation TABLE 12 EASTLAKE GREENS & LAND SWAP EXISTING GENERAL PLAN & PROPOSED AMENDMENTS COST ALLOCATION ASSUMPTIONS City of Chula Vista Actual 92-93 Expenditures . Amount Percent EastLake Properties Allocation Parks and Recreation 4,506,638 8.79% Administration - Parks 365,107 0.71% $1,150.31 per Park Acre Administration - Open Space 214,743 0.42% Provided by Lighting and Landscaping District Maintenance 2,053,815 4.00% General 1,855,878 3.62% $5,847.13 per Park Acre Marina Park Maintenance 197,937 0.39% Not Applicable Recreation 1,872,973 3.65% $12.924 per Capita Athletics 100,464 0.20% $0.693 per Capita Aquatics 446,410 0.87% $3.080 per Capita General 960,992 1.87% $6.631 per Capita Administration - Recreation 365,107 0.71% $2.519 per Capita Library 3,143,378 6.13% $21.69 per Capita Otay Ranch Project 240,450 0.47% Not Applicable TOTAL 42,969,861 83.77% TOTAL EXPENDITURES 51,297,562 100.00% Sources: City of Chula Vista, Statement of Expenditures, 1993. Economic Strategies Group, 1991 & 1993. 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"l. - a j f ] 1 ~ ~ '1 ~ 1 ~ ~ 0 ~ .... ~. :;; .... ~. - 'It" z; ~. ~ .... ~ . z; ~. - :! .... ~. . z; M '0 00 r-: .... - .... ~ <1- ..,. .... z; 'It" ~ o .... z; .... ~ ~ z; '0 10 ..... :!: z; 'It" 0- 00 .,; o z; .... 00 ..... a z; ~ .... ci 00 .... 'It" :a I ~ - 00 VI "l. = 00 .... 00 VI "l. - - 00 .... 00 '0 "l. - - ~ 00 '0 "l. - a 00 '0 "l. - a 00 '0 "l. - - ~ 0- !:;. ~ t; '0 'It" Ol- o .... t; ~ r-;. ~ t; 10 .... <1- i 00 ~ 00 '0 ~ 0- s;. 'It" ~ ~. '0 0- ~ ~ i ..; ~ J I! <s- ll~ I c: U)~ ;.! :> i !~ ~ 's BJ :5l Ci. 10 a j TABLE 14A EASTLAKE GREENS EXISTING GENERAL PLAN CITYOFCHULA VISTA 1993 DOILARS Revenue- Net Expenditure Accumulated Year Revenues Expenditures Balance Ratio . Balance 1 $68,459 $63,363 $5,096 108.0% $5,096 2 $125,124 $124,306 $818 100.7% $5,914 3 $135,575 $143,447 ($7,872) 94.5% ($1,958) 4 $130,537 $142,567 ($12,030) 91.6% ($13,988) 5 $129,885 $142,567 ($12,682) 91.1 % ($26,670) 6 $129,393 $142,567 ($13,174) 90.8% ($39,844) 7 $129,054 $147,717 ($18,663) 87.4% ($58,506) 8 $128,862 $147,717 ($18,854) 87.2% ($77,361 ) 9 $128,675 $147,717 ($19,042) 87.1% ($96,403) 10 $128,492 $147,717 ($19,225) 87.0% ($115,627) 11 $128,314 $147,717 ($19,403) 86.9% ($135,030) 12 $128,139 $147,717 ($19,577) 86.7% ($154,607) 13 $127,969 $147,717 ($19,747) 86.6% ($174,354) 14 $127,804 $147,717 ($19,913) 86.5% ($194,267) 15 $127,642 $147,717 ($20,075) 86.4% ($214,342) Total $1,873,923 $2,088,266 ($214,342) Source: Economic Strategies Group, 1993. / / {} ..~ ;)/-/ (} TABLE 14B EASTLAKE GREENS PROPOSED GENERAL PLAN AMENDMENT CITY OF CHULA VISTA 1993 DOLLARS Revenue- Net Expenditure Accumulated Year Revenues Expenditures Balance Ratio Balance 1 $169,833 $185,877 ($16,044) 91.4% ($16,044) 2 $269,790 $319,233 ($49.443) 84.5% ($65,487) 3 $326,062 $402,529 ($76.467) 81.0% ($141,954) 4 $319.717 $406.017 ($86,301) 78.7% ($228.255) 5 $317,475 $405.812 ($88.337) 78.2% ($316.591) 6 $316,269 $405,812 ($89,543) 77.9% ($406.134) 7 $315,260 $411,747 ($96,486) 76.6% ($502,620) 8 $314,441 $411,747 ($97.306) 76.4% ($599 ,926) 9 $313,640 $411,747 ($98,106) 76.2% ($698,033) 10 $312,859 $411,747 ($98,888) 76.0% ($796,920) 11 $312.097 $411.747 ($99 .650) 75.8% ($896,570) 12 $311.353 $411.747 ($100.394) 75.6% ($996,964) 13 $310.626 $411,747 ($101.120) 75.4% ($1.098.085) 14 $309.917 $411.747 ($101.829) 75.3% ($1.199,914) 15 $309 ,225 $411.747 ($102,521) 75.1% ($1,302,436) Total $4.528.566 $5.831.002 ($1.302,436) Source: Economic Strategies Group, 1993. / (; J J.~~01 TABLE 14C EASTLAKE LAND SWAP EXISTING GENERAL PLAN CITY OF CHULA VISTA 1993 DOLLARS Revenue- Net Expenditure Accumulated Year Revenues Expenditures Balance Ratio Balance 1 $144,193 $134,698 $9,495 107.0% $9,495 2 $264,665 $264,001 $664 100.3% $10,158 3 $323,316 $340,794 ($17,478) 94.9% ($7,319) 4 $384,273 $412,191 ($27,917) 93.2% ($35,237) 5 $406,994 $445,191 ($38,197) 91.4% ($73,434) 6 $399,700 $443,945 ($44,244) 90.0% ($117,678) 7 $398,706 $452,061 ($53,356) 88.2% ($171,034) 8 $398,119 $452,061 ($53,942) 88.1% ($224,976) 9 $397,546 $452,061 ($54,515) 87.9% ($279,491) 10 $396,987 $452,061 ($55,074) 87.8% ($334,565) 11 $396,442 $452,061 ($55,620) 87.7% ($390,185) 12 $395,909 $452,061 ($56,152) 87.6% ($446,337) 13 $395,389 $452,061 ($56,672) 87.5% ($503,009) 14 $394,882 $452,061 ($57,179) 87.4% ($560,189) 15 $394,387 $452,061 ($57,675) 87.2% ($617,863) Total $5,491,509 $6,109,373 ($617,863) . Source: Economic Strategies Group, 1993. J{) - ;25/ TABLE 14D EASTLAKE LAND SWAP PROPOSED GENERAL PLAN AMENDMENT CITY OF CHULA VISTA 1993 DOLLARS Revenue- Net Expenditure Accumulated Year Revenues Expenditures Balance Ratio Balance 1 $306,877 $256,286 $50,591 119.7% $50,591 2 $525,810 $460,899 $64,911 114.1 % $115,502 3 $688,751 $595,647 $93,104 115.6% $208,606 4 $762,242 $624,979 $137 ;lfJ2 122.0% $345,868 5 $850,463 $658,678 $191,785 129.1 % $537,654 6 $938,864 $692,376 $246,488 135.6% $784,141 7 $1,027,459 $747,799 $279,660 137.4% $1,063,801 8 $1,110,273 $770,945 $339,327 144.0% $1,403,128 9 $1,209,006 $791,179 $417,827 152.8% $1,820,955 10 $1,306,830 $811,558 $495,272 161.0% $2,316,228 11 $1,305,100 $811,558 $493,542 160.8% $2,809,769 12 $1,303,410 $811,558 $491,852 160.6% $3,301,621 13 $1,301,872 $811,558 $490,314 160.4% $3,791,935 14 $1,300,480 $811,558 $488,922 160.2% $4,280,857 15 $1,299 ,229 $811,558 $487,671 160.1% $4,768,528 Total $15,236,666 $10,468,137 $4,768,528 Source: Economic Strategies Group, 1993. 1/)_')('1 / {/. - cZ.-.--' oL- RESOLUTION NO. 17308 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (FPEIR 90-01) FOR THE OTAY RANCH PROJECT; AMENDING THE GENERAL PLAN OF THE CITY OF CHULA VISTA FOR THE 161 ACRE EASTLAKE LAND SWAP; MAKING CERTAIN FINDINGS OF FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; READOPTING A MITIGATION MONITORING AND REPORTING PROGRAM; READOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS I . Recitals. A. Project site. WHEREAS, the area of land which is subj ect of this resolution is diagrammatically represented on Attachment A, attached hereto and incorporated herein by this reference; is commonly known as the EastLake Land Swap; and for the purpose of general description herein consists of approximately 161 acres (reconfigured from the original request for 169 acres) located south and west of the community of EastLake Greens ( "proj ect site" ) (For the purposes of this Resolution, the "Project site" is part of the larger 23,068 acres of the Otay Ranch Project, previously considered); and, B. Project. WHEREAS, a person having control over all or a portion of the development of the Project Site, to- wit: the Otay vista Associates, L.P., (formerly known as the Baldwin vista Associates, L.P.) (representing the EastLake Development Company) ("Developer") has applied to the City for approval of an Otay Ranch Project. The proposal has been modified throughout proj ect review, resulting in the final proj ect to develop a mixed use--residential, commercial and industrial--community of approximately 23,068 acres and 23,483 units (including approximately 161 acres identified as the EastLake Land Swap Parcels, the subject of this resolution). The EastLake Land Swap parcels consist of proposed residential and commercial General Plan land use designations and is a part of the Otay Ranch General Plan Amendment but is herein Ie/!- ( Resolution No. Page 2 separately considered. A maximum of 924 residential units and commercial are proposed in addition to the 23,483 units on the balance of the Otay Ranch project ("Project"); and, C. Application for Discretionary Approvals. WHEREAS, on september 8, 1989, the Developer filed applications for the whole Otay Ranch project with the City of Chula vista for (1) a General Plan Amendment (which included the 161 acre EastLake Land Swap Parcels) ("GPA"), (2) a General Development Plan, with Supporting Documents ("GDP"), and (3) Prezoning (the GDP and Prezoning apply to the balance of the Otay Ranch, but not to the Project, all of which applications may jointly be referred to herein as "Discretionary Approvals Applications"); and, D. Planning commission Record on Applications. WHEREAS, a public hearing on the Discretionary Approvals Applications and/or the Draft PEIR was duly noticed before the Planning Commission at the meetings of April 29, May 15, May 16, May 22, May 29, June 17, July 31, August 19, September 11, September 16, October 7, October 12, October 19, October 23, October 29, November 4, November 12, November 20, December 2, December 9, December 18, 1992 and January 15, January 27, January 29, February 3, February 10, February 13, February 19, February 24, March 13, March 17, March 24, March 31, April 14, April 22, May 8, May 12, May 13, May 18, and October 13, 1993; and, WHEREAS, the Planning Commission, at a public hearing held on April 29, May 15, May 16, May 22, May 29, June 17, July 31, August 19, September 11, september 16, October 7, October 12, October 19, October 23, October 29, November 4, November 12, November 20, December 2, December 9, December 18, 1992 and January 15, January 27, January 29, February 3, February 10, February 13, February 19, February 24, March 13, March 17, March 24, March 31, April 14, April 22, May 8, May 12 (focused consideration of EastLake Land Swap Portion of the otay Ranch GPA), May 13, May 18, and October 13, 1993, considered the Discretionary Approvals Applications, took evidence as set forth in the record of its proceedings, which are f:\bomclpIamin&IdUllllC.....tIaIoo""""'"".!swFINAL Dcoombcr 9, 1993 J t!J /I -" d- Resolution No. Page 3 incorporated herein by reference as if set forth in full, made certain findings as set forth in their Recommending Resolution PCM-90-03, and recommended to the City Council the approval of said Discretionary Approvals Applications, including the Project subject to certain conditions; and, E. City Council Record on Applications. WHEREAS, a duly called and noticed public hearing was held before the City Council of the city of Chula vista on July 30, September 24, September 30, October 7, October 22, November 4, November 24, 1992, June 2, June 16, June 30, July 12, July 21, July 22, July 26, August 25, September 13, September 27, October 28, and November 16, 1993 on the Discretionary Approvals Applications, and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, NOW, THEREFORE, BE IT RESOLVED that the City of Chula vista City Council does hereby find, determine, resolve and order as follows: II. Planning commission record. The proceedings and all evidence introduced before the Planning Commission at their public hearings on the Draft PEIR, held on September 16, October 7, October 12, and October 19, 1992 and their public hearing on this Project held on April 29, May 15, May 16, May 22, May 29, June 17, July 31, August 19, September 11, October 23, October 29, November 4, November 12, November 20, December 2, December 9, December 18, 1992, and January 15, January 27, January 29, February 3, February 10, February 13, February 19, February 24, March 13, March 17, March 24, March 31, April 14, April 22, May 8, May 12, May 13, May 18, and October 13, 1993, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. FPEIR Contents. The FPEIR consists of the following: A. "Final Program Environmental Impact Report - Otay Ranch Project" (EIR 90-01) prepared by Ogden Environmental and Energy Services and dated f:_IpIamin&'<Iuanc\casllakclccreso.lswFIN AL Dc<>cmbor 9, 1993 /0/9 ;3 Resolution No. Page 4 December, 1992, SCH # 89010154 (two volumes), which contains the Draft Program Environmental Impact Report ("DPEIR") distribution date July 31, 1992, revised to reflect responses made to comments on the DPEIR and Addendum thereto dated October 8, 1993, known as document number C093-225, a copy of which is on file in the office of the City Clerk; and, B. Technical Reports to the Draft Program Environmental Impact Report (Appendices A, Band C, and Volumes I through IX); and, C. Comments and Responses to Comments to the DPEIR (all hereafter collectively referred to as "FPEIR 90- 01") . IV. FPEIR Reviewed and Considered. The City Council of the City of Chula vista has reviewed, analyzed and considered FPEIR 90-01, the environmental impacts therein identified for this Project; the Candidate Findings of Fact ("Findings" or "CEQA Findings") and the statement of Overriding Considerations (Document Number C093-226), the Mitigation Monitoring and Reporting Program ("Program") (Document Number C093-227), both of which are on file in the office of the City Clerk and incorporated herein by this reference, prior to approving the Project. V. certification of Compliance with CEQA. The City Council does hereby find that FPEIR 90-01, the Candidate Findings of Fact, the Mitigation Monitoring and Reporting Program, and the statement of Overriding Considerations have been prepared in accordance with requirements of the California Environmental Quality Act, the state EIR Guidelines, and the Environmental Review Procedures of the City of Chula vista. VI. Independent Judgment of City Council. The City Council finds that FPEIR 90-01 reflects the independent judgment of the City of Chula Vista City Council. f:lhanolplumin&'dllane'aatlaloelc=oo.lswFIN AL Dooombcr 9, 1993 /v/},'1 Resolution No. Page 5 VII. Conditional Approval of General Plan Amendment. The Chula vista General Plan Land Use diagram is amended as shown in areas identified as the "EastLake Land Swap Parcels" as set forth in Attachment A hereto, incorporated by this reference, subj ect to the General Conditions hereinbelow set forth. VIII. General Conditions of Approval. The approval of the foregoing Discretionary Approvals Applications which are stated to be conditioned on "General Conditions" are hereby conditioned as follows: A. project site is Improved with Project. Developer, or their successors in interest, shall improve the Project site with the Project as described in the FPEIR, except as modified by this Resolution. B. Implement Mitigation Measures. Developer shall diligently implement, or cause the implementation of, all mitigation measures pertaining to the Project identified in the FPEIR that are found by this resolution to be feasible. C. Implement the Mitigation Monitoring and Reporting Program. Developer shall implement, or cause the implementation of, all portions of the otay Ranch Project Mitigation Monitoring and Reporting Program pertaining to the Project. IX. Consequence of Failure of Conditions. If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of f:\bomolplannin&\duanc\casllaloclccrcso.lswFINAL ~r 9, 1993 /" / (j /J .-):; Resolution No. Page 6 approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. x. CEQA Findings, Mitigation Monitoring Program, and statement of overriding Considerations. A. Readoption of Findings. The City Council does hereby reapprove, accept as its own, incorporate as if set forth in full herein, and make each and everyone of the findings contained in the "Candidate Findings of Fact" (Document Number C093-226). B. Certain Mitigation Measures Feasible and Adopted. As more fully identified and set forth in FPEIR-90-01 and in the Candidate Findings of Fact, the Council hereby finds pursuant to Public Resources Code section 21081 and CEQA Guidelines section 15091 that the mitigation measures described as feasible in the above referenced documents, are feasible, and will become binding upon the entity (such as the project proponent, the City, or the school district) assigned thereby to implement same. C. Infeasibility of Alternatives. As is also noted in the above referenced environmental documents described in the above subparagraph B, each of the alternatives to the project which were identified as potentially feasible in FPEIR-90-01 are found not to be feasible since they could not meet both the obj ecti ves of the proj ect and avoid the identified significant environmental effects through implementation of feasible mitigation measures for the reasons set forth in said Candidate Findings of Fact. D. Readoption of Mitigation Monitoring and Reporting Program. As required by the Public Resources Code section 21081.6, the City Council hereby readopts the Mitigation Monitoring and Reporting Program ("Program") (Document Number C093-227). The Council f:lbornelplamin&\d_lcutlaloolccrcao.lswFIN AL Deocmbcr 9, 1993 /0//-;; Resolution No. Page 7 hereby 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 feasible mitigation measures identified in the Candidate Findings of Fact and the Program. E. 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 reissues, pursuant to CEQA Guideline Section 15093, a Statement of Overriding Considerations (Document Number C093-226), identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects acceptable. XI. Notice of Determination. 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. 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. XIII. One General Plan Amendment It is the intention of the City council that its action on the EastLake Land Swap parcels, by its action on this Resolution, and its action on the General Plan Amendment for the balance of the companion otay Ranch f:_IpIaming\duanc'caa.labolccreao.lawFIN AL ~r 9,1993 JtJ/J-7 Resolution No. Page 8 Project, and its action on the EastLake Greens GPA (GPA-93- 04) be and is one General Plan Amendment for the purposes of the state law limitation on the number of allowable General Plan Amendments in one year. Robert A. Leiter Director of Planning as to Presented by Bruce Boogaard " City Attorney . f:\bomolplamin&\duano'cutlalooIccreao.lswFINAL Iloalmbcr 9, 1993 /t://J - ~ Resolution No. Page 9 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of December, 1993, by the following vote: YES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Tim Nader, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a meeting of the Chula Vista City Council held on the 14th day of December, 1993. Executed this 14th day of December, 1993. Beverly A. Authelet, City Clerk f:_IpIanning'<l.....,~llakc\ccrcso.lswFINAL Dcccmhor 9, 1993 /tJ/J-C; . .' ~ .. AITACHMENT A ~~ ~ti @bZ ~ === <t tij blt OO~ ~Cf.) @ ~ . i ! ~WID_ ~~E! f !:hJp-JiJ. ~ !i" ~'i j~i ~ ~j tit .e~8Jfl. J J JO J ! ~ j ! i t ~ ~~ ~; 6 ! ~ ~, ~ ~ ...J StlOl::tS ~ ~ o S ~8 ~N ~~ <0 h' . . ~2 < % ~ /011- 10 , o. , ; cr. - ~ ~ a- n: =- C. n: ~ tn "C = ~ - Iol ~ C'IIl , - - \I: C'IIl ~. . - - - ~/e</1-r RESOLUTION NO. 17309 A RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL AMENDING THE GENERAL PLAN FOR 74 ACRES LOCATED WITHIN THE EASTLAKE GREENS COMMUNITY, SOUTH OF EASTLAKE HIGH SCHOOL AND ON BOTH SIDES OF THE EXTENSION OF EASTLAKE PARKWAY I. Recitals. A. Project site. WHEREAS, the area of land which is subject of this resolution is diagrammatically represented on Attachment A, attached hereto and incorporated herein by this reference; is commonly known as the EastLake Greens General Plan Amendment; and for purposes of general description herein consists of approximately 74 acres (reconfigured from the original request for 51 acres) located within the EastLake Greens community on the west side of the southerly extension of EastLake Parkway, south of EastLake High School (Sub-Area 1 on Attachment A) and east of the southerly extension of EastLake Parkway, south of EastLake Greens Golf Course (Sub-Area 2 on Attachment A) ("Project site"); and, B. Project. WHEREAS, a person having control over all or a portion of the development of the Project Site, to-wit: the EastLake Development Company ("Developer") has. applied to the City for approval of an amendment to the General Plan for 74 acres (reconfigured from the original request for 51 acres) located within the EastLake Greens community. The request generally consists of an amendment to the General Plan Land Use Diagram from Low Medium Residential (3-6 dujac), PublicjQuasi-Public and Open Space, to Medium Residential (6-11 dujac), Medium-High Residential (11-18 dujac), PublicjQuasi- Public (reconfigured) and Open Space, and that the alignment for EastLake Parkway as shown on the General Plan land use and circulation diagram be adjusted ("Project"); and, C. Prior City Council Action. WHEREAS, the City council, as Condition No. 44 of Resolution No. 15200 adopted July 18, 1989, for the EastLake Greens Tentative Subdivision Map ( "Tentative Map"), required a low and moderate income housing program with an established goal of a 5% low and 5% moderate ("Condition No. 44"), and deferred said low and moderate income housing condition pending further evaluation of the General f:\home\planning\duane\eastlake\ccres1.grnFINAL December 5, 1993 /v$-/ Plan density policies as they relate to parcels R-26 (Sub-Area 1 on Attachment A), R-24, R-25, R-27 and R-28; and, WHEREAS, the Project allows review of the affordable housing requirements for the EastLake Greens development and the oppor- tunity for the preparation of an affordable housing program prior to further E~otL~]ce Creeno fin~l m~p ~pprov~lo or Cener~l Development rl~n modific~tiono; and, WHEREAS, the proposed Project would provide the potential for additional density on parcel R-26 (Sub-Area 1 on Attachment A) and therefore the additional potential to provide affordable housing units within EastLake Greens to be analyzed further at the General Development Plan and sectional Planning Area Plan level; and, D. Application for Discretionary Approvals. WHEREAS, on September 15, 1992, the Developer filed applications with the City of Chula vista for a General Plan Amendment ("Discretionary Approvals Application"); and E. Planning Commission Record on Application. WHEREAS, a public hearing on the Discretionary Approvals Application was duly noticed before the Planning Commission at the meetings of March 3, and continued it to April 12, April 28, May 12, and May 26, 1993; and, WHEREAS, the Planning Commission, at a public hearing held March 3, April 12, April 28, May 12, and May 26, 1993, considered the Discretionary Approvals Applications, took evidence as set forth in the record of its proceedings, which are incorporated herein by reference as if set forth in full, made certain findings as set forth in their Recommending Resolution GPA-93-04, and recommended to the City Council the approval of said Discretionary Approvals Application based on certain terms and conditions; and, F. City Council Record on Applications. WHEREAS, a duly called and noticed public hearing was held before the city Council of the city of Chula vista on November 16, 1993 on the Discretionary Approvals Application, and to receive the recommendations of the Planning commission, and to hear public testimony with regard to same; and, NOW, THEREFORE, BE IT RESOLVED that the City of Chula vista City council does hereby find, determine, resolve and order as follows: f:\home\planning\duane\eastlake\ccres1.grnFINAL December 5, 1993 2 /z}!3 /2 II. Planning Commission record. The proceedings and all evidence introduced before the Plan- ning commission at their public hearings on Project held on March 3, April 12, April 28, May 12, and May 26, 1993, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. EIR Reviewed and Considered. The Environmental Review Coordinator has conducted a Initial study (Case No. 93-16) for the proposed Project and prepared a Addendum, known as document number on file.in the office of the City Clerk, which finds that the Project would have no significant impacts which were not analyzed in EIR-86-04 for the EastLake Greens SPA Plan and Tentative Subdivision Map, known as document number on file in the office of the City Clerk. The City Council of the City of Chula Vista has reviewed, analyzed and considered EIR 86-04, and the Addendum thereto, the environmental impacts therein identified for this Project; the Candidate Findings of Fact ("Findings" or "CEQA Findings"), known as document number on file in the office of the City Clerk, the proposed mitigation measures contained therein, the Mitigation Monitoring and Reporting Program ("Program"), known as document number , and the Statement of Overriding Considerations, known as document number , all of which are incorporated herein by this reference, prior to approving the Project. IV. certification of Compliance with CEQA. The City Council does hereby find that EIR 86-04, and the Addendum thereto, the Candidate CEQA Findings, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the city of Chula vista. V. Independent Judgment of City Council The City Council finds that EIR-86-04, and the Addendum thereto, reflects the independent judgment of the City of Chula vista City Council. f:\home\planning\duane\eastlake\ccres1.grnFINAL 3 December 5, 1993 )()!J-3 VI. Conditional Approval of General Plan Amendments. The Chula vista General Plan Land Use diagram of the city's General Plan is amended so that the portion thereof as shown in that portion of Attachment A labeled Subarea 1 and Subarea 2, attached hereto, is hereby amended to reflect the land use designations for such subareas shown on Attachment A, incorporated herein by this reference, subject to the General Conditions hereinbelow set forth. VII. General Conditions of Approval. The approval of the foregoing Discretionary Application which is stated to be conditioned on Conditions" is hereby conditioned as follows: Approvals "General A. Implement Mitigation Measures. Developer shall diligently implement, or cause the implementation of, all mitigation measures identified in EIR-86-04 that are found by this resolution to be feasible. B. Implement the Mitigation Monitoring and Reporting Program. Developer shall implement, or cause the implementation of, the EastLake Greens Mitigation Monitoring and Reporting Program. VIII. Consequence of Failure of Conditions. If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. IX. CEQA Findings, Mitigation Monitoring Program, and Statement of Overriding Considerations. A. Adoption of Findings. The City Council does hereby re-adopt, accept as its own, incorporate as if set forth in full herein, and make each f:\home\planning\duane\eastlake\ccres1.grnFINAL 4 December 5, 1993 /tJ[J-1 and everyone of the findings contained in the "Candidate CEQA Findings" B. certain Mitigation Measures Feasible and Adopted. As more fully identified and set forth in the EIR for the EastLake Greens SPA (EIR-86-04) and in the CEQA Findings, the City Council hereby finds pursuant to Public Resources Code section 21081 and CEQA Guidelines section 15091 that the mitigation measures described as feasible in the above referenced documents, are feasible, and will become binding upon the entity (such as the proj ect proponent, the City, or the school district) assigned thereby to implement same. C. Infeasibility of Alternatives. As is also noted in the above referenced environmental documents described in the above subparagraph B, each of the alternatives to the Project which were identified as potentially feasible in the EIR are found not to be feasible since they could not meet both the objectives of the Project and substantially lessen or avoid the identified significant environmental effects for the reasons set forth in said CEQA Findings. D. 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 ("Program"). The Council hereby 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 feasible mitigation measures identified in the Findings and the Program. E. 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 Guideline section 15093, a Statement of overriding considerations in the form set forth in document number , identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects acceptable. f:\home\planning\duane\eastlake\ccres1.grnFINAL 5 December 5, 1993 / /t.?E~~ X. Notice of Determination 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. XI. 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. XII. One General Plan Amendment. It is the intention of the city Council that its action on the EastLake Greens GPA, by its action on this Resolution, and its action on the General Plan Amendment for the EastLake Land Swap and the companion Otay Ranch Project and its action on the EastLake Greens GPA (GPA-93-04) be and is one General Plan Amendment for the purposes of the state law limitation on the number of allowable General Plan Amendments in one year. f:\home\planning\duane\eastlake\ccres1.grnFINAL 6 December 5, 1993 /{}[J ~t. f:\home\planning\duane\eastlake\ccres1.grnFINAL 7 December 5, 1993 /og-7 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of December, 1993, by the following vote: YES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Tim Nader, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) SSe CITY OF CHULA VISTA ) I, Beverly A. Authelet, city Clerk of the city of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17309 was duly passed, approved, and adopted by the City Council at a meeting of the Chula Vista City Council held on the 14th day of December, 1993. Executed this 14th day of December, 1993. Beverly A. Authelet, City Clerk f:\home\planning\duane\eastlake\ccres1.grnFINAL 9 December 5, 1993 )/J[J.-~ _i.i~l~&~.Y1"I. ...........'................,....................................... .................................. .................................. .................................. /~ APpr1d as ! r Presented by Robert A. Leiter Director of Planning Bruce Boogaard City Attorney f:\home\planning\duane\eastlake\ccres1.grnFINAL December 5, 1993 8 /(1[; ~1 ----.:=:- .~~-~ -:.~ '..:-::-:-.... ..-. - - . -..:. -~...--:.;.~-::. .. _......:::::..;...:---:-: ~~=::.:--. . . . ATIACHMENT~ . /" I I , , · 1i V_:a hn ~H~i:ID: ru~I::15~~~~ efJ:l;i I . r ~ ~~ ~~ @:~ =~ ~U- bl..L OO~ ~U) ~ ~ , "d' tI:lo ZM u.JC1\ UJ' ~~ 00 UJ ~ ~ -l -< ~ ~ -< UJ p Vl (; C..I "- co; ~ c. ~ ~ tIj "= C ~ ~ I.l -; , - - In ~ ~ . ! .- ~c \Jl!~ /?J.l3 //0 ~ A-J9 -d? .- ..-.. XI one General Plan Amendment.' It is the intention of the City Council that it action on the EastLake Greens GPA, by its action on this Resolution, and its ction on the General Plan A:rnendme t for the EastLake Land Swap and the companio Otay Ranch Project and its action the EastLake Greens GPA (GPA- 93 - 04) and is one General Plan Amendment for the purposes of the state law limita on on the number of allowable General Pl Amendments in one year. ( f Presented by ~ Robert A. Leiter Director of Planning .0 - ,~ '~"""ill. ~9.1993 i 5 ~~ ~~ {Db RESOLUTION NO. 17309 A RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL AMENDING THE GENERAL PLAN FOR 74 ACRES LOCATED WITHIN THE EASTLAKE GREENS COMMUNITY, SOUTH OF EASTLAKE HIGH SCHOOL AND ON BOTH SIDES OF THE EXTENSION OF EASTLAKE PARKWAY I. Recitals. A. Project Site. WHEREAS, the area of land which is subject of this resolution is diagrammatically represented on Attachment A, attached hereto and incorporated herein by this reference; is commonly known as the EastLake Greens General Plan Amendment; and for purposes of general description herein consists of approximately 74 acres (reconfigured from the original request for 51 acres) located within the EastLake Greens community on the west side of the southerly extension of EastLake Parkway, south of EastLake High School (Sub-Area 1 on Attachment A) and east of the southerly extension of EastLake Parkway, south of EastLake Greens Golf Course (Sub-Area 2 on Attachment A) ("Project Site"); and, B. Project. WHEREAS, a person having control over all or a portion of the development of the Project Site, to-wit: the EastLake Development Company ("Developer") has applied to the City for approval of an amendment to the General Plan for 74 acres (reconfigured from the original request for 51 acres) located within the EastLake Greens community. The request generally consists of an amendment to the General Plan Land Use Diagram from Low Medium Residential (3-6 dujac), PUblicjQuasi-Public and Open Space, to Medium Residential (6-11 dujac), Medium-High Residential (11-18 dujac), PublicjQuasi- Public (reconfigured) and Open Space, and that the alignment for EastLake Parkway as shown on the General Plan land use and circulation diagram be adjusted ("Project"); and, C. Prior City Council Action. WHEREAS, the City Council, as Condition No. 44 of Resolution No. 15200 adopted July 18, 1989, for the EastLake Greens Tentative Subdivision Map ( "Tentative Map"), required a low and moderate income housing program with an established goal of a 5% low and 5% moderate ("Condition No. 44"), and deferred said low and moderate income housing condition pending further evaluation of the General f:1bomc Iplanninj;lduanc 'easlla)g, 'clggp03. wp Do<>ombcr 14, 1993 JOBl//tJB -if Plan density policies as they relate to parcels R-26 (Sub-Area 1 on Attachment A), R-24, R-25, R-27 and R-28; and, WHEREAS, the Project allows review of the affordable housing requirements for the EastLake Greens development and the oppor- tunity for the preparation of an affordable housing program prior to further E::lotL::l]ce Creeno fin::ll m::lp npprov::llo or Cener::ll Development rl::ln modific::ltiono; and, WHEREAS, the proposed Project would provide the potential for additional density on parcel R-26 (Sub-Area 1 on Attachment A) and therefore the additional potential to provide affordable housing units within EastLake Greens to be analyzed further at the General Development Plan and sectional Planning Area Plan level; and, D. Application for Discretionary Approvals. WHEREAS, on September 15, 1992, the Developer filed applications with the City of Chula Vista for a General Plan Amendment ("Discretionary.Approvals Application"); and E. Planning Commission Record on Application. WHEREAS, a public hearing on the Discretionary Approvals Application was duly noticed before the Planning Commission at the meetings of March 3, and continued it to April 12, April 28, May 12, and May 26, 1993; and, WHEREAS, the Planning commission, at a public hearing held March 3, April 12, April 28, May 12, and May 26, 1993, considered the Discretionary Approvals Applications, took evidence as set forth in the record of its proceedings, which are incorporated herein by reference as if set forth in full, made certain findings as set forth in their Recommending Resolution GPA-93-04, and recommended to the City Council the approval of said Discretionary Approvals Application based on certain terms and conditions; and, F. City Council Record on Applications. WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula vista on November 16, 1993 on the Discretionary Approvals Application, and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista City council does hereby find, determine, resolve and order as follows: f: \bomclplannin& '<Iuano ......tlal<c'cl&gp&3.wp Doo:mbc, 14, 1993 2 )(/)[J ~/~ II. Planning Commission record. The proceedings and all evidence introduced before the Plan- ning commission at their public hearings on Project held on March 3, April 12, April 28, May 12, and May 26, 1993, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. EIR Reviewed and Considered. The Environmental Review Coordinator has conducted a Initial study (Case No. 93-16) for the proposed Project and prepared a Addendum, known as document number on file in the office of the City Clerk, which finds that the Project would have no significant impacts which were not analyzed in EIR-86-04 for the EastLake Greens SPA Plan and Tentative Subdivision Map, known as document number on file in the office of the City Clerk. The City Council of the City of Chula vista has reviewed, analyzed and considered EIR 86-04, and the Addendum thereto, the environmental impacts therein identified for this Project; the Candidate Findings of Fact (lIFindingsll or lICEQA Findingsll), known as document number on file in the office of the City Clerk, the proposed mitigation measures contained therein, the Mitigation Monitoring and Reporting Program (lIProgramll), known as document number , and the Statement of Overriding Considerations, known as document number , all of which are incorporated herein by this reference, prior to approving the Project. IV. certification of Compliance with CEQA. The City Council does hereby find that EIR 86-04, and the Addendum thereto, the Candidate CEQAFindings, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the city of Chula Vista. V. Independent Judgment of City Council The City Council finds that EIR-86-04, and the Addendum thereto, reflects the independent judgment of the City of Chula Vista City Council. (:lbcmolplannin&'<Iuano\cullalll:lcl&&Pl'3.wp Dc<lcmbc. 14, 1993 3 J!!J[?- 1/] VI. Conditional Approval of General Plan Amendments. The Chula vista General Plan Land Use diagram of the City's General Plan is amended so that the portion thereof as shown in that portion of Attachment A labeled Subarea 1 and Subarea 2, attached hereto, is hereby amended to reflect the land use designations for such subareas shown on Attachment A, incorporated herein by this reference, subject to the General Conditions hereinbelow set forth. VII. General Conditions of Approval. The approval of the foregoing Discretionary Application which is stated to be conditioned on Conditions" is hereby conditioned as follows: Approvals "General A. Implement Mitigation Measures. Developer shall diligently implement, or cause the implementation of, all mitigation measures identified in EIR-86-04 that are found by this resolution to be feasible. B. Implement the Mitigation Monitoring and Reporting Program. Developer shall implement, or cause the implementation of, the EastLake Greens Mitigation Monitoring and Reporting Program. VIII. Consequence of Failure of Conditions. If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. IX. CEQA Findings, Mitigation Monitoring Program, and Statement of Overriding Considerations. A. Adoption of Findings. The City Council does hereby re-adopt, accept as its own, incorporate as if set forth in full herein, and make each f:\bomc'PIannin&'<IUllDO'casllakc\cl&Q>03. WI' Dcoombcr 14, 1993 4 Jc)!J~/li and everyone of the findings contained in the "Candidate CEQA Findings" B. certain Mitigation Measures Feasible and Adopted. As more fully identified and set forth in the EIR for the EastLake Greens SPA (EIR-86-04) and in the CEQA Findings, the City Council hereby finds pursuant to Public Resources Code section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described as feasible in the above referenced documents, are feasible, and will become binding upon the entity (such as the proj ect proponent, the City, or the school district) assigned thereby to implement same. C. Infeasibility of Alternatives. As is also noted in the above referenced environmental documents described in the above subparagraph B, each of the alternatives to the Project which were identified as potentially feasible in the EIR are found not to be feasible since they could not meet both the objectives of the Project and substantially lessen or avoid the identified significant environmental effects for the reasons set forth in said CEQA Findings. D. 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 ("Program"). The Council hereby 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 feasible mitigation measures identified in the Findings and the Program. E. 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 Guideline section 15093, a Statement of Overriding Considerations in the form set forth in document number , identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects acceptable. f:_\p~'d\lOlll>lcasllal>o'cIg,gp03.wp Dc<lcmbcr 14, 1993 5 /I)[f-i~ X. Notice of Determination 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. XI. Invalidity; Automatic revocation. It is the intentio~ of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition hereinstatedj 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. XII. One General Plan Amendment. It is the intention of the City Council that its action on the EastLake Greens GPA, by its action on this Resolution, and its action on the General Plan Amendment for the EastLake Land Swap and the companion Otay Ranch Project and its action on the EastLake Greens GPA (GPA-93-04) be and is one General Plan Amendment for the purposes of the state law limitation on the number of allowable General Plan Amendments in one year. XIII. Affordable Housing Requirement Reinstituted. While the Council has not yet determined that entire EastLake Greens proiect. under the authority of section 6.2. Establishinq Residential Densities within the Range. of Chapter 1. Land Use Element of the city's General Plan. provides sufficient exceptional and extraordinary benefits to the residents of the City. sufficient to permit an increase in densities above the midpoint of the overall range of densities for the EastLake Greens SPA. which is "LM" or 4.5 dwellinq units per acre. the Council does find and determine that. by virtue of havinq increased General Plan density as they relate to parcel R-26 of the Tentative Map by the adoption of this resolution sufficient to permit affordable housing to be built. that Condition No. 44 of the Tentative Map is therefore no lonqer deferred. and declares that Condition No. 44 requiring an affordable housinq program for the entire Tentative Map area remains in full force and effect without deferral and shall be applicable to the approval of the next or subsequent Final Maps. Council is resolved however that for final maps applied for in the short term (approximately 1 year). such affordable housinq requirements may be met by enterinq into a bindinq aqreement with f:Ibome\p~\duan:'castlalo:'cJupa3.wp Dcccmbcr 14, 1993 6 ) t'v .~/ t the city bY which Developer shall aqree to meet subsequently imposed affordable housinq requirements on remaininq area of the Tentative Map, and the lots included in such final map shall be included in determininq the number of such affordable housinq units.!' XIV. Resolve to Create Ad Hoc EastLake Affordable Housinq Task Force. citv Council hereby resolves to consider creatinq an Ad Hoc EastLake Affordable Housing Task Force ("Task Force") for the express purpose of creatinq an affordable housinq implementation proqrarn for the entire Planned Community of EastLake I, II, III and the Land Swap Parcels as shown on Attachment I ("Task Force Territory") . ~ Establish Objectives of Task Force. It is the intention of the Council that the Task Force provide recommendations for Council consideration and possible adoption, for the timinq and locations of low and moderate income housing units required, pursuant to city of Chula vista Housing Element policies, for the Task Force Territory. ~ Timing Considerations for Task Force Recommendations. The Council requests that the Task Force return with their recommendations by JulY, 1994, but not later than October, 1994. ~ Composition of the Task Force. The City Council shall appoint the Task Force members, which shall be selected from. at least one representative of the followinq: (1) Resident of EastLake, (2) EastLake Development Company, (3) City of Chula vista Planning Commission, (4) Individual versed and knowledgeable in the requirements and feasibility of providinq affordable housing, and (5) city of Chula Vista staff. XV. Resolve to Consider Community Purpose Facility Zone in Planned Community Requlations. 1. This differs from the reso in the Council Agenda package by making it clear that EastLake will not be constrained from requesting density increases on the two remaining, "yet-to-be- increased" parcels. But we still get the deferral lifted on affordable housing, per Condition No. 44. f:lbomolplanniD&\duanc: 'castlalo:\cIUP03. wp Dooomber 14, 1993 7 )tJj!/) 7 City Council hereby resolves, for the sole benefit of itself, to consider creatinq a Community Purpose Facility Zone in the Planned Community Requlations applicable to land shown in that portion of Attachment A containinq a land use desiqnation of "MH" in Subarea 1 (IIMH Portion of Subarea 1") at the time the Council adopts Planned Community Regulations, which is expected to be at the time the Council approves either the General Development Plan or the Sectional Planninq Area Plan. A. Council to Consider Permittinq Transfer of Density. On the condition that Council approves a Community Purpose Facility zone with the permission of the Owner in MH Portion of Subarea 1, Council is resolved, for its own benefit only, to increase a comparable amount of residential units displaced by such Community Purpose Facility zoned area within other Community Purpose Facility sites and/or areas within EastLake. XVI. Resolve to Consider the Submittal of a Consolidated EastLake General Development Plan. The Council hereby resolves that, if the Developer prepares and submits for Council consideration, prior to the end of 1994, a consolidated EastLake General Development Plan for the entire East- Lake community, Council shall consider adoption of same. However, said consolidate GDP should consolidate existinq General Devel- opment Plan approvals, and include the final land use desiqnation pro~osal for the MH Portion of Subarea 1 (recoqnizinq any modifi- cation for any Community Purpose Facilities as Developer may propose), the location of transferred units (~ursuant to action taken under the resolve of Section XIII.A above), if any, and should not propose to increase or decrease densities above or below ~reviouslY approved density ranqes for EastLake. Nothinq herein is intended to vest EastLake with any riqhts to density ranqes previously approved in the General Development Plans for the EastLake community.Y Presented by Approved as to form by Robert A. Leiter Director of Planning Bruce Boogaard City Attorney 2. This language was revised from that in the Council Agenda Package for the 12/14/93 meeting by making it clear that this consolidation effort should not be used as a vehicle for changing densities by the Council. But the Council also reserves the right to change density ranges under its continuing oversight authority to the extent permitted by law. f:\homolplannin&'<luanoleasllal<c\cIUP03.wp December 14, 1993 8 /~!J-/6/ PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of December, 1993, by the following vote: YES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Tim Nader, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17309 was duly passed, approved, and adopted by the City Council at a meeting of the Chula Vista City Council held on the 14th day of December, 1993. Executed this 14th day of December, 1993. Beverly A. Authelet, City Clerk f:lbcmelplannin& 'd.......'cas1la1oe'c1&&P03."'l' Dcc>cmber 14, 1993 9 Jt) {J-- Ji COUNCIL AGENDA STATEMENT SUBMITTED BY: Item II Meeting Date 12/14/93 17.33 :L Resolution Approving a boundary lot adjustment at 1700 Horseshoe Court in the Bonita Long Canyon Development; and authorizing the Mayor to execute grant deeds Director of Parks and RecreC)tio{Jw Director of Public Work~!n.A City Manager~ bi4 ~l u.--::::- (4/Sths Vote: Yes _ No 1U ITEM TITLE: REVIEWED BY: The property owners on 1700 Horseshoe Court have requested a boundary lot adjustment for the purpose of correcting an illegal encroachment on city-dedicated open space land (Open Space District #14). The intent of this report is to consider possible options to resolve this encroachment. RECOMMENDATION: That Council: 1. Approve Option #2, whereby an illegal encroachment on open space land will be removed by exchanging for an equal amount of property by the property owner; 2. Approve Open Space encroachment permit for the sloped, landscaped area to the north of the property; 3. Approve the Resolution to effect the boundary line adjustment subject to specified conditions; and 4. Authorize the Mayor to execute grant deeds. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: We star Land Services, Incorporated, contacted the Department on November 26, 1992 to propose a boundary lot adjustment at 1700 Horseshoe Court. The purpose of the boundary adjustment is to correct an illegal open space encroachment by the property owners, Mr. and Mrs. Leizorek. The boundary adjustment would exchange a portion of City-owned open space land where the Leizoreks constructed a pool, spa, pond and deck for an equal amount of land on the south side of the property which the Leizoreks would deed to the City. The end result of this land exchange would be a zero net loss of property to the City. In addition to the boundary lot adjustment, it is recommended that an encroachment permit be issued allowing the property owners to keep the fence (located at the northeast end of their property) intact. By issuing this encroachment permit, the fence and landscaping would remain intact at the top of slope and next to a City-owned brow ditch. History of Encroachment on Subiect Propertv The Open Space District affected by the encroachment is located in the Bonita Long Canyon Development Unit 2 as part of Map 11602 - Chula Vista TCT. No. 86-3 in the San Diego County Assessor's map. In 1988, the City was informed of this encroachment violation by McMillin Company when the open space was being transferred to the City for ownership and maintenance. Presently, the pending sale of the Leizorek's property prompted action by them to correct the encroachment. During the staffs investigation of this BOUNDRY.A13 December 9, 1993 j/-j Page 2, Item / / Meeting Date 12/14/93 encroachment, other possible encroachment violations were observed in this neighborhood. The Department is taking the necessary steps to co:rrect these violations. OPTIONS . The Department evaluated the following three options for Council consideration: Option #1 The City could order the property owners to abate the encroachment and re-establish the original property boundary with property owner-provided fencing. This option would require the property owners to remove the pool, spa, deck and pond structures encroaching on City open space at their own expense. Option #1 would restore City open space as dedicated by the developer. However, the property owner would have to incur a substantial financial expense in order to comply. Further, with the exception of the Open Space area to the south, the open space area affected by the structures is not visible from the street, the lot is located at the end of the canyon. The area is landscaped and irrigated, and contains no apparent benefit or sensitive resources. Option #2 (Staffs Recommendation) The City could approve: 1) a boundary lot adjustment consisting of approximately 1,100 square feet on the south side of the property, as requested by the property owners; and 2) issue an encroachment permit for the sloped, landscaped area located on the northeast end of the open space area. The Department could support this option subject to the property owners being required to: a. Remove the existing fences on the south end of the open space property and place the fences inside the proposed new property boundary lines. b. Restore open space property on the south side of the lot to its natural condition. c. Maintain the sloped, landscaped area on the northeast side of the lot. Option #2 would result in an even exchange of property; thereby mitigating the encroachment. The property owner would gamer economic relief by not having to remove all of their amenities (pool, spa, etc.) located in the area of the illegal encroachment. It would reduce the total expense to the property owner, whereby they would only be required to relocate the fences (on the south side of the property) on the new property line. The property owners have indicated this option is acceptable. If the fence encroaching on the northeast end of the property was moved further down the slope to match the existing property line, it would create an uneven fence line (with the adjacent neighbor) and affect the landscape and irrigation that has been installed. Therefore, an encroachment permit would allow the fence line and the landscaping to remain intact. BOUNDRY.A13 December 9, 1993 / / ./ 02- Page 3, Item / / Meeting Date 12/14/93 Option #3 Offer to sell all of the encroachment property to the homeowner at a fair-market price determined by an appraisal of land value in the area. The Department does not support this option because it may set precedent for other property owners who have illegally encroached to obtain open space property, and it is not consistent with the City's current mechanism to sell open space property under the City's "Grading Deviation Policy." The Grading Deviation Policy allows the purchase of Open Space property when a grading error was made and the open space land is an extension of the homeowner's pad. The impact of Option #3 would be the loss of City open space property, and setting a precedent for selling of open space property. In addition, it would sanction the ability of property owners to encroach on City property without penalty. FISCAL IMPACf: Under Option #2, all costs associated with a boundary lot adjustment would be borne by the property owner. Attachment: Plat Map BOUNDRY.A13 December 9,1993 )/-3 RESOLUTION NO. )7J];L RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A BOUNDARY LOT ADJUSTMENT AT 1700 HORSESHOE COURT IN THE BONITA LONG CANYON DEVELOPMENT; AND AUTHORIZING MAYOR TO EXECUTE GRANT DEEDS WHEREAS, the owner of 1700 Horseshoe Court, Mr. and Mrs. Leizorek, have requested a boundary lot adjustment for said property for the purpose of correcting an illegal encroachment on city-dedicated open space land (Open Space District #14); and WHEREAS, the boundary adjustment would exchange a portion of City-owned open space where the property owner constructed a pool, spa, pond and deck for an equal amount of land on the south side of the property which the property owners would deed to the City; and WHEREAS, after exploring various options, staff recommends Option # 2 wherein the City could approve a boundary lot adjustment consisting of approximately 1,100 square feet, as requested by the property owners and issue an encroachment permit for the sloped, landscaped area located on open space property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve the Boundary Lot Adjustment Plat No. 94-02 at 1700 Horseshoe Court in the Bonita Long Canyon Development SUbject to the following conditions: 1. Remove existing fences on the south end of the open space property and place the fences inside the proposed new property boundary lines. 2. Restore open space property on the south side of the lot to its natural condition. 3. continue to maintain the sloped, landscaped area on the northeast side of the property. BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute the necessary grant deeds to effect the transfer proposed in the Agenda Report and authorizes same to be recorded. C:\rslborshoe Presented by Jess Valenzuela, Director of Parks and Recreation / I ~ 1-/ ADJUSTMENT PLAT NO. q~-o-z.. LEGAL DESCRIPTION LOT 179 & LOT "H" OF CHULA VISTA TRACT NO. 86-3 UNIT NO. 3 IN THE CITY OF CHULA VISTA. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 11602 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON SEPTEMBER 2, 1986. dS ~~. a I !lCl ! 100 JClO 3lf I , , SCALE: 1" = 1 00' ----v.lliill~lIIll[ }fJ\r N43'13'2Tf, / (,1>-" ~.22' (.f \(""..\ ~ (~ .r ~-29'47'3S: R-SO.OC' L-~OO' ",\ :? ~ \ t...J 1:: \ SEE DETAIL SHT. 2 P ~ J ;; ;l: ~ ~ I 27"E 9 ~ / ~~ 5;Z: ~lg V ~~ .-- Iq~ ~ PLAT PREPARED BY: Z WESTAR LAND SERVICES. INC. 5333 MISSION CENTER ROAD SUITE 380 SAN DIEGO. CA. 92108 ~ ll\ 'b ~ ... (<'\ t,. " ....1 ~ .J;- "- 5 (0 "":::::",... ~ 1.n1 17~ ~ u-.- CI\ ~ ~ - rD U' ~ . "- N Si: In ! ICIiI'arw ( '5'..,. !IJ~1A LOT -A- PROPOSED ACREAGE -2.89 ACRES EXISTING ACREAGE 2.89 ACRES OT "B" -PROPOSED ACREAGE 0,78 ACRES EXI TI G ACREAGE - 0.78 ACRES 'C BY: CITY OF CHULA VISTA .OWNER 276 FOURTH AVENUE /) _,---- CHULA VISTA, CA 92010 // ~ (619)591-5071 I ~~~~~~~~O~':L ..,~, ~""nr APPROVAL: /6., ",."" o/".h ",,,,' ,;'--1 " 1" I rONp I , . )~ " , ( ,." flo / ~ ......-.",. / / ~ ,. / g' ~ ,4?i~) .1 L-,- _J I \ i \ HO~ d , ~ \ . . . \ ~ I . \l1 ' \ i I \ j . . ttor:&-;,E:. ~ Eo VO~ 12-'- ~I?rl N9{ ~.pe:FtTY LI t4E) i'1"P1 CoAl- ~YM~ 1-. e.XISrl HC1 FEt4GE.) "",-PICAL s,t-ieoL, EXIc::,l1li<::r A~ CJF ~1-1~T IHTC::' ~ ~E. T'1P'ICAL ~YMe:oL-: ~ NO.-:r++ ))-? e::x (~-r lNe:;- c.ot4 DrT/ot--i E,)(I$'iINq- F='fSHG-J5. -...4 .,..0 I2.E.HA I N /~'" ~~H ~P'AC.E ~-C~~ e.~~EHT /~ ~" I peJ2.M\. W E!C. "q .f"V'0t'4D) I$S~EP 00 ...... -"" f2.E." 1 'f::tJU;l PIaOPEJt,""" ." / - ut--f E / e.~I4bT1Hc:r " P~W""5- ,I--t/./\ CP~' GO/ /~/\ J # L/~// ~.. o \ tt~e.. . . \ o . \ o o \ . o ttDf&&E ~E c:.ou.ra.. r ;/-7 ~ ~ w '> it II o I o I . o I o I .....c NO....,.,... ~"J5EP p,zoPISFZ-T1" L-I N Eo E><ISTINCr pp.o PEfl"T'f I-I~.E- pPOjDEJC:,TY TV ee. p~e:t:> i"'o o PE.N #;>PACE..- e.x I~TI f'oolC:r FEHc.E.. "Tt) "e.E f2.E.l-'iolE.D F IZOM OPE'N ~ STAFF /2-ECOMr1ENDA-r\Ol' F2-e.po~-r- - o~,...\o"'4 2.. COUNCIL AGENDA STATEMENT Item /;( ITEM TITLE: Meeting Date 12/14/93 Resolution / ? :3 .3.3 Authorizing the installation of temporary overhead facilities within Utility Undergrounding District No. 124, Otay Valley Road between Oleander and NiIvana Avenues Director of Public wor9t City Manager J& ~ ~ (4/5ths Vote: Yes_No-X.) SUBMITTED BY: REVIEWED BY: On June 30, 1992, the Chula Vista City Council approved Resolution No. 16703 establishing Utility Undergrounding District No. 124 on Otay Valley Road from Oleander Avenue to Nirvana Avenue. This resolution grants special permission to the developers of the Chula Vista Auto Park to install temporary overhead electrical facilities within the boundaries of said district. RECOMMENDATION: That Council approve the resolution authorizing the installation of temporary overhead facilities within Utility Underground District No. 124. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On November 23, 1993, Construction Management and Development Co. (CM&D), representing the developers of the Chula Vista Auto Park, forwarded a letter to the Director of Public Works asking for permission to install overhead electrical facilities within Utility Undergrounding District No. 124. Chapter 15.32 of the Chula Vista Municipal Code prohibits any entity from installing overhead electrical facilities within an already established Utility Undergrounding District except in order to provide emergency service and upon approval by the City Council. The conversion work is scheduled to occur during the summer of 1994. CM&D has indicated that power to the project is currently an urgent requirement and the owners need to provide temporary overhead power to the site in advance of the conversion. According to Section 15.32.170 of the Code, the Council may grant special permission on such terms and for such duration as the Council may deem appropriate in cases of unusual circumstances and where not detrimental to the public interest. Approval of this resolution will grant special permission to the developers of the Chula Vista Auto Park to install temporary overhead electrical facilities to service their properties. This grant of permission is valid until the existing overhead facilities on Otay Valley Road are ready to be removed at which time this proposed overhead facility is also to be removed. FISCAL IMPACT: Not applicable. SMN:KY-078, AO-060 WPC F:\HOME\ENGINEER\AGENDA \utilover.hed /;2 ~/ RESOLUTION NO. ) 7 3 :JJ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE INSTALLATION OF TEMPORARY OVERHEAD FACILITIES WITHIN UTILITY UNDERGROUNDING DISTRICT NO. 124, OTAY VALLEY ROAD BETWEEN OLEANDER AND NIRVANA AVENUES WHEREAS, on June 30, 1992, the Chula vista City Council approved Resolution No. 16703 establishing Utility Undergrounding District No. 124 on Otay valley Road from Oleander Avenue to Nirvana Avenue; and WHEREAS, on November 23, 1993, Construction Management and Development Co. (CM&D), representing the developers of the Chula vista Auto Park, forwarded a letter to the Director of Public Works asking for permission to install overhead electrical facilities within utility Undergrounding District No. 124; and WHEREAS, Chapter 15.32 of the Chula vista Municipal Code prohibits any entity from installing overhead electrical facilities within an already established utility Undergrounding District except in order to provide emergency service and upon approval by the City Council; and WHEREAS, the conversion work is scheduled to occur during the summer of 1994 and CM&D has indicated that power to the project is currently an urgent requirement and the owners need to provide temporary overhead power to the site in advance of the conversion; and WHEREAS, according to section 15.32.170 of the Code, the Council may grant special permission on such terms and for such duration as the Council may deem appropriate in cases of unusual circumstances and where not detrimental to the public interest; and WHEREAS, this resolution grants special permission to the developers of the Chula vista Auto Park to install temporary overhead electrical facilities within the boundaries of said district. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby authorize the installation of temporary overhead facilities within Utility Undergrounding District No. 124, Otay Valley Road between Oleander and Nirvana Avenues, which permission is valid until the existing overhead facilities on Otay Valley Road are ready to be removed at which time this proposed overhead faCilit:cy.& also to be moved. Presented by ,Apg oved as! tol / ~ I l r ,I Bruce M. Boogaar , Attorney John P. Lippitt, Director of Public Works c: \rs\utilover .hed /2~2 COUNCIL AGENDA STATEMENT SUBMITTED BY: Item / J Meeting Date 12/14/93 Resolution /733 ( Amending Schedule II Section 10.52.030 of the Chula Vista Municipal Code relating to the Special Stops Required - Through Streets and Stop Intersections - Calle Santiago Director of Public wo~~.' ~ City Manager ~ \j."t)~ (4/5ths Vote: Yes_NolO ITEM TITLE: REVIEWED BY: In response to concerns from area residents regarding the recent accident history, and in anticipation of the future connection of Calle Santiago through to Paseo Ranchero, on October 27, 1992, a Trial Traffic Regulation was initiated establishing stop signs at various locations as listed in the schedule below. RECOMMENDATION: That City Council adopt this resolution to make these stop sign installations permanent. BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission, at its November 11, 1993 meeting, voted 5-0-2 to recommend to City Council to make the stop signs permanent. Commissioners Pitts and Bierd were absent. DISCUSSION: On October 27, 1992, staff sent to the City Council, a Trial Traffic Regulation to install stop signs at various locations along Calle Santiago. This Trial Traffic Regulation stated the following: 10.52.030 SCHEDULE n - SPECIAL STOPS REQUIRED - THROUGH STREETS AND STOP INTERSECTIONS Through Streets Name of Street Beginning At Ending At Calle Santiago Buena Vista Way Paseo Ranchero Street Intersection Direction Travel Traffic Stopped Signs Calle Candelero East Eastbound on Calle Candelero 1 Valencia Loop North Westbound on Valencia Loop 1 Valencia Loop North Westbound on Valencia Loop 1 Calle Candelero West Southbound on Calle Candelero 1 Calle Candelero East Northbound on Calle Candelero 1 /3" ! Page 2, Item / J Meeting Date 12/14/93 The City Engineer on October 27, 1992, determined that in the interest of minimizing traffic hazards and congestion and for the promotion of public safety, that stop signs be installed in the locations along Calle Santiago as listed in the schedule above. This is in response to concerns from area residents regarding the recent accident history, and in anticipation of the future connection of Calle Santiago through to Paseo Ranchero. On October 27, 1992, a Trial Traffic Regulation establishing stop signs at various locations as listed in the schedule above was established. Said regulation became effective upon the posting of signs on February 2, 1993, and has run through the trial period of almost eight months from the date of such posting. A review of said installations have been made and it has been determined that the prohibition should be made permanent. Section 10.12.030 of the Chula Vista Municipal Code only allows a Trial Traffic Regulation to exist for eight months, at which time either a resolution affIrming the Trial Traffic Regulation must be adopted or the Trial Traffic Regulation ceases to be effective. A review of the traffIc conditions by staff and the Police Department show that this Trial Traffic Regulation is operating effectively. Therefore, staff recommends that the Trial Traffic Regulation be made permanent. FISCAL IMPACT: Not applicable. File No.: CY-027 WPC F:'bome\engineeNgeoda\146s.93 Attachments: Area Plat ~ Trial TraffIc #121 NOT SCANNED Excerpts Safety Commission Minutes dated 11/11/93 NOT S~~EI) /3-c2 RESOLUTION NO. / 7 J .J'I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SCHEDULE II SECTION 10.52.030 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE SPECIAL STOPS REQUIRED THROUGH STREETS AND STOP INTERSECTIONS - CALLE SANTIAGO WHEREAS, in response to concerns from area residents regarding the recent accident history, and in anticipation of the future connection of Calle Santiago through to Paseo Ranchero, on October 27, 1992, a Trial Traffic Regulation was initiated establishing stop signs at various locations as listed in the schedule below; and WHEREAS, the Safety Commission, at its November 11, 1993 meeting, voted 5-0-2 (commissioners pitts and Bierd absent) to recommend to City Council to make the stop signs permanent; and WHEREAS, staff recommends making these stop sign installations permanent. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby amend Schedule II section 10.52.030 of the Chula vista Municipal Code relating to the Special stops Required - Through Streets and stop Intersections - Calle Santiage as follows: 10.52.030 SCHEDULE II - SPECIAL STOPS REQUIRED - THROUGH STREETS AND STOP INTERSECTIONS Name of Street Calle Santiago Street Intersection Calle Candelero East Valencia Loop North Valencia Loop North Calle Candelero West Calle Candelero East Presented by Through Streets Beginning At Buena Vista Way Direction Travel Eastbound on Westbound on Westbound on Southbound on Northbound on John P. Lippitt, Director of Public Works c: \rs\santiago 1_3- 3 Ending At Paseo Ranchero Traffic Stopped Calle Candelero Valencia Loop Valencia Loop Calle Candelero Cal.llee 1 'andelero AfP0ed a~ t9 Signs 1 1 1 1 1 City v \ '-- \ (!1 1',1 I ..~~~ ~~~ I ~~~ -~~ t~.1 = r-....r.::J ~ ~ ~ _: .... ~ ~ ' ~~;,.~ ,-', ;:~:: ~ Is . I ! I~ l..- ." 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Meeting Date 12/14/93 / Resolution J 7 .3]...> Amending Schedule II Section 10.52.030 of the Chula Vista Municipal Code relating to the Special Stops Required - Through Streets and Stop Intersections - 600 Block Sierra Way Director of Public wo~J ~ City Manag~ 'tl i1~ (4/5ths Vote: Yes_No.K.) ITEM TITLE: SUBMITTED BY: In response to concerns from area residents regarding the recent accident history, and the recent reconstruction of Sierra Way, which removed all of the cross gutters along Sierra Way, on December 15, 1992, a Trial Traffic Regulation was initiated establishing stop signs at various locations as listed in the schedule below. RECOMMENDATION: That the City Council adopt this resolution to make these stop sign installations permanent BOARDS/COMMISSIONS RECOMMENDATION: At the November 11,1993 meeting, the Safety Commission recommended that the City Council approve a resolution to make the stop signs permanent. The vote was 5-0-2 with Commissioners Pitts and Bierd absent. DISCUSSION: On December 15, 1992, staff sent to the City Council, a Trial Traffic Regulation to install stop signs at various locations along Sierra Way. This Trial Traffic Regulation stated the following: 10.52.030 SCHEDULE n . SPECIAL STOPS REQUffiED . THROUGH STREETS AND STOP INTERSECfIONS Through Streets Name of Street Beginning At Ending At Sierra Way Riverlawn A venue Colorado A venue Street Intersection Direction Travel Traffic StoDDed Signs Riverlawn A venue Eastbound on Sierra Way 1 Madison A venue Southbound on Madison A venue 1 Jefferson Avenue East & Westbound Sierra Way 2 Oaklawn Avenue North & Southbound Oaklawn Avenue 2 Woodlawn Avenue East & Westbound Sierra Way 2 Colorado A venue Westbound on Sierra Way 1 /'1-; Page 2, Item / 'I Meeting Date 12/14/93 The City Engineer on December 15, 1992, determined that in the interest of minimizing traffic hazards and congestion and for the promotion of public safety, that stop signs be installed in the locations along Sierra Way as listed in the schedule above. This is in response to concerns from area residents regarding the recent accident history, and the recent reconstruction of Sierra Way, which removed all of the cross gutters along Sierra Way. On December 15, 1992, a Trial Traffic Regulation establishing stop signs at various locations as listed in the schedule above was established. Said regulation became effective upon the posting of signs on February 2, 1993, and has run through the trial period of almost eight (8) months from the date of such posting. A review of said installation shave been made and it has been determined that the prohibition should be made permanent. Section 10.12.030 of the Chula Vista Municipal Code only allows a Trial Traffic Regulation to exist for eight months, at which time either a resolution affIrming the Trial Traffic Regulation must be adopted or the Trial Traffic Regulation ceases to be effective. A review of the traffic conditions by staff and the Police Department show that this Trial Traffic Regulation is operating effectively. Therefore, staff recommends that the Trial Traffic Regulation be made permanent. FISCAL IMPACT: Not applicable. File No: CY-027 WPC F:'Ibome\euginedlagenda\1464.93 Attachment: Area Plat Trial Traffic #122 NOT sc~n Excerpt Safety ComnusslOn mmutes dated 11111193 NOT SCANl,,'"ED )i-~ / RESOLUTION NO. / 7 J J-5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SCHEDULE II SECTION 10.52.030 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE SPECIAL STOPS REQUIRED THROUGH STREETS AND STOP INTERSECTIONS - 600 BLOCK SIERRA WAY WHEREAS, in response to concerns from area residents regarding the recent accident history, and the recent reconstruction of Sierra Way, which removed all of the cross gutters along Sierra Way, on December 15, 1992, a Trial Traffic Regulation was initiated establishing stop signs at various locations as listed in the schedule below; and WHEREAS, at the November 11, 1993 meeting, the Safety Commission recommended that the City Council approve a resolution to make the stop signs permanent by a vote of 5-0-2 (Commissioners pitts and Bierd absent); and WHEREAS, staff recommends making these stop sign installation permanent. NOW, THEREBE IT RESOLVED that FORE, the city Council of the City of Chula vista does hereby amend Schedule II section 10.52.030 of the Chula vista Municipal Code relating to the Special stops Required Through Streets and stop Intersections - 600 block Sierra Way as follows: 10.52.030 SCHEDULE II - SPECIAL STOPS REQUIRED - THROUGH STREETS AND STOP INTERSECTIONS Name of Street Sierra Way Street Intersection Riverlawn Avenue Madison Avenue Jefferson Avenue Oaklawn Avenue Woodlawn Avenue Colorado Avenue Presented by Through Streets Beginning At Riverlawn Avenue Direction Travel Eastbound on Southbound on East & Westbound North & Southbound East & Westbound Westbound on John P. Lippitt, Director of Public Works C:\rs\sierra Ji~:J Ending At Colorado Avenue Traffic Stopped Sierra Way Madison Avenue Sierra Way Oaklawn Avenue Sierr Way Sie a Way \ aS/~ I Boogaard, \ I I Signs 1 1 2 2 2 1 ( '\ bjJ " ,.......~_._-"-'.,"-~'"'---~--,.~~-,._------_._.~_...- BROADWAY t . ... ... ... ...... ... INTERSTATE D"4WN .., __0__ /J1.r1J.. __ ~:T~jJjiJ.i.Jd_ TITLE A.REA / - 'f PLAT COUNCIL AGENDA STATEMENT SUBMITTED BY: Item J~ Meeting Date 12/14/93 Resolution / / :J .3 ~ Amending Schedule III Section 10.52.280 of the Chula Vista Municipal Code relating to Parking Prohibited At All Times On Certain Streets - "E" Street from First Avenue to East Flower Street. Director of Public wo~> f!/' City Manager~ \)'0 ~\ (4/5ths Vote: Yes_No-X) ITEM TITLE: REVIEWED BY: On September 8, 1992, a Trial Traffic Regulation to establish the prohibition of parking on "E" Street from First Avenue to Bonita RoadlEast Flower Street was implemented pursuant to the provisions of Section 10.12.030 of the Chula Vista Municipal Code. Signs indicating this restriction were installed on February 5, 1993. RECOMMENDATION: That the City Council adopt a resolution to permanently restrict parking along the south side of "E" Street from Toyon Lane to Bonita Road/East Flower Street and along the north side of the street from First Avenue to Bonita RoadlEast Flower Street. BOARDS/COMMISSIONS RECOMMENDATION: On August 12, 1993, the Safety Commission voted 5-0-1 with Commissioner Braden absent to recommend that the City Council pass a resolution affIrming this Trial TraffIc Regulation to make the parking prohibition permanent. DISCUSSION: Pursuant to the provisions of Section 10.12.030 of the Chula Vista Municipal Code, adopted by Ordinance No. 1625 on May 27, 1975, the City Engineer, on September 8, 1992, determined that in the interest of minimizing traffic hazards and congestion and for the promotion of public safety, a Trial TraffIc Regulation be established. That regulation being: SCHEDULE HI - PARKING PROHmITED AT ALL TIMES ON CERTAIN STREETS Name of Street Beginning at: Ending at: Side "E" Street From the PCR at the east To the PCR at the west South curbline of Toyon Lane curbline of Bonita Road ------------------ ---------------------------- ------------------------------ -------- "E" Street From the PCR at the east To the PCR at the west North curbline of First Avenue curbline of E. Flower Street PCR = Point of curb return /~/ I~ Page 2, Item './ Meeting Date 12/14/93 Said regulations became effective upon the posting of signs on February 5, 1993 and has run for a trial period of eight (8) months from the date of such posting. The City Engineer has determined the need to post parking restrictions along both sides of "E" Street in the area described above. In accordance with the City of Chula Vista General Plan and more specifically the Circulation Plan for the City of Chula Vista, this portion of "E" Street is designated as a Class I Collector roadway. Since the opening of the Lorna Bonita Subdivision and the recent addition of sidewalks in this area, the concern for vehicles parking along this segment has been realized. The #2 traffic lanes are not wide enough to allow for on-street parking. Our observations over the last several years have shown that this area of "E" Street has not been used for parking. Upon completion of the housing project at Lorna Bonita, and the completion of the Public Improvements associated with this project, the City Engineer determined, based on the reduced lane width that there is a need to prohibit parking on the portion of "E" Street as described in the Schedule above. A review of the traffic conditions by staff and the Police Department show that this parking prohibition is operating effectively. Therefore, staff recommends that this parking prohibition be made permanent. FISCAL IMP ACT: Not applicable. File No.: CY -027 WPC"F:\bome\engineel'lageoda\1406.93 Attachments: Area Plat Trial Traffic No. 120 NOT SCANNEn Minutes From August 12, 1993 Safety Commission Meeting (excerpt) It:JO' T ~C. If ~,.P'J1!!'"f~" 1"~ '. v'!. .tU'4.s. \/;.J....:} J~:<' RESOLUTION NO. J73J~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SCHEDULE III SECTION 10.52.280 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS - "E" STREET FROM FIRST AVENUE TO EAST FLOWER STREET WHEREAS, on September 8, 1992, a Trial Traffic Regulation to establish the prohibition of parking on "E" Street from First Avenue to Bonita Road/East Flower Street was implemented pursuant to the provisions of section 10.12.030 of the Chula vista Municipal Code. Signs indicating this restriction were installed on February 5, 1993; and WHEREAS, on August 12, 1993, the Safety Commission voted 5-0-1 with Commissioner Braden absent to recommend that the City Council pass a resolution affirming this Trial Traffic Regulation to make the parking prohibition permanent; and WHEREAS, staff recommends that the City Council adopt a resolution to permanently restrict parking along the south side of "E" Street from Toyon Lane to Bonita Road/East Flower Street and along the north side of the street from First Avenue to Bonita Road/East Flower Street. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby amend Schedule III section 10.52.280 of the Chula vista Municipal Code relating to Parking Prohibited at All Times on certain Streets - "E" Street from First Avenue to East Flower Street as follows: SCHEDULE ill - PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS Name of Street Beginning at: Ending at: Side "E" Street From the PCR at the east To the PCR at the west South curb line of Toyon Lane curb line of Bonita Road ------------------ --------------------------- ------------------------------ -------- "E" Street From the PCR at the east To the PCR at the west North curbline of First Avenue curbline of E. Flower Street PCR = Point of curb return Presented by John P. Lippitt, Director of Public Works C:\n\Flower /5-- :1 I . ~ i I < ...I , 0- ct w a: < .. .. I s to c: C .. Q ~ . .... iZ COUNCIL AGENDA STATEMENT Item / t, Meeting Date 12/14/93 Resolution ) 7 ;53? Accepting bids and awarding contract for the construction of Storm Drain Channel Repairs in Telegraph Canyon Channel from Paseo del Rey to approximately 350 feet easterly in the City of Chula Vista, CA Director of Public W ork~, ~ City Manager ~ t~ On Wednesday, December 1, 1993, at 2:00 p.m., the Director of Public Works received sealed bids for the construction of the "Storm Drain Channel Repair in Telegraph Canyon Channel from Paseo del Rey to approximately 350 feet easterly," in the City of Chula Vista, California. ITEM TITLE: SUBMITTED BY: REVIEWED BY: (4/5ths Vote: Yes_No.xJ RECOMMENDATION: That Council adopt the resolution accepting bids and awarding contract to Marquez Construction, Inc. in the amount of $45,960.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Funds for the construction of this project were appropriated in the FY 1993-94 CIP Budget (DR-114). The work to be done involves the removal and replacement of approximately 6,300 square feet of reinforced concrete channel that was cracked, buckled and uplifted during past winters. BID RESULTS The project was advertised for a period of 25 days beginning November 6, 1993. During that period, plans were purchased by 18 contractors and on the bid opening date, bids were submitted by 5 contractors. The bids received are as follows: Contractor Bid Amount 1. Marquez Construction, Inc. $45,960.00 2. Hunters Construction, Inc. 47,888.00 3. Western Gunite, Inc. 49,684.00 4. L. L. Browne's Engineering 67,957.50 5. IntelWest Pacific, L TD 86,405.00 The low bid by Marquez Construction is below the Engineer's estimate of $63,729.00 by $17,769.00 or by 27.9%. Marquez Construction submitted three references from prior clients that utilized their services. Staff conducted a background check and past performance evaluation and determined that Marquez Construction has the resources to prosecute the job within the specified schedule and budget. Staff has reviewed the bid and recommends awarding the contract to Marquez construction, Inc., Spring Valley. /?-J Page 2, Item / b Meeting Date 12/14/93 DISCLOSURE STATEMENT Attached is a copy of the Contractor's Disclosure Statement. ENVIRONMENTAL STATUS The City's Environmental Review Coordinator has determined that this project is a Class II exemption (Section 15302 CEQA - Replacement or reconstruction of an existing structure). Since the project entails the repair of an existing concrete lined channel, no Streambed Alteration Permit was required. PREVAILING WAGE STATEMENT The source of funding for this project is Storm Drain Revenue fund. No prevailing wage requirements were necessary on a part of the bid documents. However, disadvantaged business enterprises were encouraged to participate and the project was advertised with several DBE publications per the City's outreach policy. The low bidder is a minority owned business. FISCAL IMPACT: If the resolution is adopted, the following table represents the funding status of the project. Funds Required for Construction A. Contract Amount $45,960 B. Contingencies (approx. 6%) 2,935 C. Staff Cost 5,000 D. Otay Water District Inspection 5,000 Total Funds Required for Construction $58,895 Funds Available for Construction A. DR-114 - Telegraph Canyon Repair (Storm $58,895 Drain Revenue fund) Total Funds Available for Construction $58,895 After construction, only routine City maintenance amounting to normal dirt and debris removal will be required. LdeT:AR045 WPC F:IHOMEIENGINEERIAGENDAI1488.93 /? -c2 RESOLUTION NO. /7337 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE CONSTRUCTION OF STORM DRAIN CHANNEL REPAIRS IN TELEGRAPH CANYON CHANNEL FROM PASEO DEL REY TO APPROXIMATELY 350 FEET EASTERLY IN THE CITY OF ,CHULA VISTA, CA. WHEREAS, on Wednesday, December 1, 1993, at 2:00 p.m., the Director of Public Works received the following five sealed bids for the construction of the "storm drain channel repair in Telegraph Canyon Channel from Paseo del Rey to approximately 350 feet easterly," in the City of Chula Vista, California: Contractor Bid Amount 1. Marquez Construction, Inc. $45,960.00 2. Hunters Construction, Inc. 47,888.00 3. Western Gunite, Inc. 49,684.00 4. L. L. Browne's Engineering 67,957.50 5. Interwest Pacific, L TO 86,405.00 WHEREAS, the low bid by Marquez Construction is below the Engineer's estimate of $63,729.00 by $17,769.00 or by 27.9% and staff has conducted a background check and past performance evaluation and determined that Marquez Construction has the resources to prosecute the job within the specified schedule and budget; and WHEREAS, the City'S Environmental Review Coordinator has determined that this project is a Class II exemption (Section 15302 CEQA - Replacement or reconstruction of an existing structure) and since the project entails the repair of an existing concrete lined channel, no Streambed Alteration Permit was required; and WHEREAS, the source of funding for this project is Storm Drain Revenue Fund and no prevailing wage requirements were necessary on a part of the bid documents, however, disadvantage business enterprises were encouraged to participate and the project was advertised with several DBE publications per the City'S outreach policy and the low bidder is a minority owned business. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby accept said five bids and awards the contract for the construction of storm drain channel 1 /? -J awards the contract for the construction of storm drain channel repairs in Telegraph Canyon Channel from Paseo del Rey to approximately 350 feet easterly to Marquez Construction, Inc. in the amount of $45,960.00 to be completed in accordance with the specifications approved by the Director of Public Works. IT FURTHER RESOLVED that the Mayor of the City of is hereby authorized and directed to execute said and on behalf of the City. A70vedi as /~.r V Bruce M. Attorney BE Chula vista contract for Presented by John P. Lippitt, Director of Public Works C:\rs\TCChane1.bid 2 ) ~- Lj o fori by .~ d, City CITY COUNCIL AGENDA STATEMENT ITEM TITLE: Item n Meeting Date 12/14/93 Resolution ) 7 J ] 'roPriating $16,548 from the Federal Disaster Assistance Fund (Fund 601), Authorizing expenditure of $441 from the General Fund, Accepting bids and awarding contract for the grading restoration and silt removal of Bonita Long Canyon Dam in the City of Chula Vista, CA " / Director of Public worfMJ rr City Manageu-:\ 'v1J~- (4/5ths Vote: Yes-X-No_) SUBMITTED BY: REVIEWED BY: At 2:00 p.m. on December 6, 1993, in the Public Services Building, the Director of Public Works received sealed bids for the construction of "Grading Restoration and Silt Removal of Bonita Long Canyon Dam", in the City of Chula Vista, CA. The work to be done consists of silt removal, grading, cleaning, grubbing, protection and restoration of existing improvements upstream of the Bonita Long Canyon Dam. This work is mandated by the State Division of Mines and Dams (Department of Water Resources) to protect the integrity of the dam (see letter attached). RECOMMENDATION: That the council approve the resolution appropriating funds, authorizing expenditure, accepting bids and awarding contract to Fill Dirt, Inc. DBA Roberts Earthmoving. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On October 5, 1993, the City Council approved Resolution 17269 (attached) adding four projects to the 1993-1994 Capital Improvement Program and authorized staff to utilize informal bidding procedures for certain drainage projects, including this project (D97099). This project will provide for silt removal and grading restoration for Bonita Long Canyon Dam in order to remove approximately 6 feet of silt behind the Dam and maintain the original drainage capacity of the structure. The only difference in the bidding process on this project from that normally used was that we bid it for only three weeks instead of the customary 30 days. Resolution 17269 outlined the funding mechanism from both The Federal Emergency Management Agency (FEMA) and the state Office of Emergency Services (OES). FEMA will fund 75% of the cost of constructing the project, OES will fund 18.75% leaving the City to fund the remaining 6.25% plus design and administration costs. ENVIRONMENTAL STATUS The City's Environmental Review Coordinator has determined that this project is statutorily exempt under Section 15269 (c) "Specific actions needed to prevent or mitigate an emergency" of the California Environmental Quality Act. In addition, a Stream Bed Alteration Agreement has been entered into between the Department of Fish and Game and the City of Chula Vista. The agreement (attached) requires the City to provide mitigation measures amounting to the creation or enhancement of one acre of stream with willow riparian habitat upstream of the project site. Staff is now locating a mitigation area acceptable to the State. Cost to implement the mitigation /7-/ Item fl Meeting Date 12/14/93 requirement could range from $5,000 up to as much as $20,000. However, as much as 94% of this cost may be reimbursed by FEMA and OES if they accept the expense as a legitimate component of the silt removal project. Once the area has been identified and accepted by the State, a more accurate cost estimate will be prepared and a report will be submitted to Council for its consideration. The mitigation work required by the permit must be completed by March 31, 1994. It will be done under a separate contract. Staff has spent a considerable amount of time in discussions with FEMA on their guidelines for payment of costs on projects. FEMA has indicated that, under their guidelines, they will pay the actual cost of the project as long as the scope of work remains the same as indicated in their Damage Survey Report (DSR). They also indicated that they will pay any costs related to the project that are necessary in order to do the project such as mitigation measures required to get a fish and game permit. FEMA has indicated that in order to increase the amount of funding due to increased costs, a supplemental request to increase the DSR must be sent in. They indicated that this is a routine procedure. Therefore, the indication is that FEMA will pay their share of the mitigation costs, however, if for any reason they do not, the funding for that part of the project would have to come from City funds. PREVAILING WAGE STATEMENT The source of funding for this project is the City's Federal Disaster Assistance Fund. No prevailing wage requirements were necessary or a part of the bid documents. However, disadvantage business enterprises were encouraged to participate and the project was advertised with several DBE publications per the City's outreach policy BID RESULTS The project was advertised for three weeks after which eight bids were received. The low bid of $54,450 received from Roberts Earthmoving is above the Engineer's estimate of $50,000 by $4,450 or 8. 90%. We have reviewed the low bid and checked the contractor's references and recommend awarding the contract to Fill Dirt, Inc DBA Roberts Earthmoving. Attached is a copy of the Contractor's Disclosure Statement. FINANCIAL STATEMENT: Resolution 17269 appropriated funds based on an estimated cost of $ 50,011 for this project. Additional appropriations are needed to account for the actual costs as follows: TOTAL FEDERAL STATE CITY COST SHARE SHARE SHARE Total appropriations $ 67,000 $ 50,250 $ 12,563 $ 4,187 required Previous $ 50,011 $ 37,012 $ 9,253 $ 3,746 appropriation Additional $ 16,989 $ 13,238 $ 3,310 $ 441" appropriations needed /70/ :L Item II Meeting Date 12/14/93 · These funds are operating budget expenses and will not be appropriated to the project, but will be counted as in-kind services to achieve the City's share of the proj ect cost. Funds Required for Construction 1. Contract Amount $54,450.00 2. Contingencies (10%) 5,445.00 3. Stafr 7,105.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $67,000.00 Funds Available for Construction 1. D97099 FEMA $50,250.00 2. D97099 OES 12,563.00 3. D97099 City Share 3,746.00 4. General Fund (Operating Budget) 441.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $ 67,000.00 FISCAL IMPACT: After construction, only routine City maintenance amounting mainly to annual cleaning will be required. Environmental mitigations are required to be installed by March 31, 1994, with an estimated total revegetation cost of $ 20,000.00 with as much as 94% of this potentially eligible for reimbursement from FEMA and OES. Once the revegetation plan gains the Department of Fish and Game approval, staff will provide an update on approval and revenue sources. Attachments: Contractor's disclosure statement. } ,,~ Stream bed alteration agreement Agenda statement for resolution No. 17269 . ~ Letter from Department of Water Resources ~ ~ .. ~O SA:LY-I07 WPC F:\HOME\ENGINEER\AGENDA \blcsilt.a13 )7'.3 RESOLUTION NO. J 7 ;J3?r RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $16,548 FROM THE FEDERAL DISASTER ASSISTANCE FUND (FUND 601), AUTHORIZING EXPENDITURE OF $441 FROM THE GENERAL FUND, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE GRADING RESTORATION AND SILT REMOVAL OF BONITA LONG CANYON DAM IN THE CITY OF CHULA VISTA WHEREAS, at 2:00 p.m. on December 6, 1993, in the Public Services Building, the Director of Public Works received the following eight sealed bids for the construction of "Grading Restoration and Silt Removal of Bonita Long Canyon Dam", in the City of Chula Vista, CA.: BIDDER AMOUNT Fill Dirt, Inc. DBA Roberts Earth $ 54,450 Moving McLaughlin Engineering 68,825 Marquez Construction 77,500 JSA Engineering, Inc. 81,099 Hunter's Construction Co. 88,990 Sign & Pennick, Inc. 136,395 Erreca's Inc. 163,320 Heffler Co., Inc. 198,500 WHEREAS, the low bid of $54,450 received from Roberts Earthmoving is above the Engineer's estimate of $50,000 by $4,450 or 8.90% and staff has checked the contractor's references and recommends awarding the contract to Fill Dirt, Inc DBA Roberts Earthmoving; and WHEREAS, the City'S Environmental Review Coordinator has determined that this project is statutorily exempt under section 15269 (c) "Specific actions needed to prevent or mitigate an emergency" of the California Environmental Quality Act; and WHEREAS, in addition, a Stream Bed Alteration Agreement has been entered into between the Department of Fish and Game and the city of Chula vista requires the City to provide mitigation measures amounting to the creation or enhancement of one acre of /'7-y ;;7~~ stream with willow riparian habitat upstream of the project site; and WHEREAS, staff is now locating a mitigation area acceptable to the State but the cost to implement the mitigation requirement could amount to about $20,000. However, as much as 94% of this cost may be reimbursed by FEMA and OES if they accept the expense as a legitimate component of the silt removal project. Once the area has been identified and accepted by the State, a more accurate cost estimate will be prepared and a report will be submitted to Council for its consideration; and WHEREAS, the source of funding for this project is FEMA, OES and the City's Federal Disaster Assistance Fund and no prevailing wage requirements were necessary or a part of the bid documents, however, disadvantaged business enterprises were encouraged to participate and the project was advertised with several DBE publications per the City's outreach policy. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby accept said eight bids and awards the contract to Roberts Earth Moving in the amount of $54,450 for grading restoration and silt removal of Bonita Long Canyon Dam in the City of Chula vista. BE IT FURTHER RESOLVED that $16,548 is hereby appropriated from the Federal Disaster Assistance Fund (Fund 601), and $13,238 is transferred to Account 601-6010-D97099 and $3,310 is transferred to Account 601-6011-D97099 and $441 is hereby authorized from the General Fund Account 601-6012-D7099 for said project. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said contract for and on behalf of the City of Chula V' ta. John P. Lippitt, Director of Public Works ruce M. Attorney by Presented by AP~as/ri f C:\rs\dam J7/t, COUNCIL AGENDA STATEMENT ITEM Ir MEETING DATE 12/14/93 ITEM TITLE: Report ratifying an application for Federal Department of Education, Library Services and Construction Act, LSCA, Title VI, Library Literacy Program grant funds to develop and implement a model program to aid adult learners with dyslexia SUBMITTED BY: Library Director~ REVIEWED BY: city Manage~ "':6~ (4j5ths Vote: Yes_No....lL) The Chula vista Public Library nas applied for $34,720 in Federal Department of Education, Library Services and Construction Act, Ti tIe VI, Library Literacy Program grant funds for fiscal year 1994-95 to develop and implement a model program to aid adult learners with dyslexia. The Department of Education accepts multiple proposals from individual libraries, and considers each proposal separately. This application is distinct from the Library's proposal to continue its model writing program for adult learners, which is also on the Council's December 14th agenda. RECOMMENDATION: application. That Council accept the report and ratify the BOARD/COMMISSION RECOMMENDATION: It is expected that the Library Board of Trustees will support the Title VI grant application at their meeting on December 8, 1993. DISCUSSION If approved, grant funds will be used to develop and implement a model program to identify and aid adult learners with dyslexia. A .57 FTE instructor will be hired as well as a .47 FTE position for administrative/clerical support for the program. The program requires training of 60 volunteer tutors to use instructional materials and techniques specially designed for this population. All participants will be pre and post-tested to determine the model's efficacy. FISCAL IMPACT These funds cannot be used to supplant the existing tutor reading program, however, if our application is successful, $4,920 in salaries and benefits budgeted in the Title VI grant will be available to offset general funds in FY 1994-95. /~I COUNCIL AGENDA STATEMENT ITEMfl MEETING DATE 12/14/93 ITEM TITLE: Report ratifying an application for Federal Department of Education, Library Services and Construction Act, LSCA, Title VI, Library Literacy Program grant funds to continue a model writing program for adult learners in FY 1994-95 (\ SUBMITTED BY: Library Director(~~' Tt<" ( '\ \ REVIEWED BY: City Manage~ \>'i\~1 (4/5ths Vote: Yes_No-1L) The Chula vista Public Librarylhas applied for $34,986 in Federal Department of Education, Library Services and Construction Act, Title VI, Library Literacy Program grant funds for fiscal year 1994-95 to continue its model writing program for adult learners. The Department of Education accepts multiple proposals from individual libraries, and considers each proposal separately. This application is distinct from the Library's proposal to offer a specialized program to deal with dyslexic adults, which is also on the Council's December 14th agenda. RECOMMENDATION: application. That Council accept the report and ratify the BOARD/COMMISSION RECOMMENDATION: It is expected that the Library Board of Trustees will support the Title VI grant application at their meeting on December 8, 1993. DISCUSSION In FY 1993-94 a Federal Department of Education, LSCA, Title VI, Library Literacy Program grant was awarded to the Chula vista Public Library to establish a model writing program for adult learners at the Chula vista Literacy Team. If approved, FY 1994-95 grant funds will be used to continue the model writing program. A variety of small group writing classes for learners enrolled in the Chula vista Literacy Team will continue to be taught in the evenings at the library at 365 F Street, the Castle Park/Otay Library and the vista Square Elementary School. A .48 FTE instructor will conduct the classes. It is anticipated that approximately 60 adult learners will be served, in addition to training up to 20 volunteer tutors. The classes will also serve as a training ground for volunteer tutors to improve their techniques for teaching basic writing skills. FISCAL IMPACT These funds cannot be used to supplant the existing tutor reading program, however, if our application is successful, $9,541 in salaries and $3,415 in benefits budgeted in the Title VI grant will be available to offset general funds in FY 1994-95. /'(-/ COUNCIL AGENDA STATEMENT Item ;20 Meeting Date 12114193 ITEM TIlLE: Report: Request to Conduct Motorcycle Event SUBMITTED BY: Director of Parks and R~creati~ REVIEWED BY: City ManageJ0 \yv' 6.\f\\ (4/5ths Vote: Yes_No..xJ ~1 ^'-../J The Chief Executive Officer of South Coastl.iIarley-Davidson is requesting permission to conduct a special event, the 1993 Tijuana Toy Run, on Sunday, December 19, 1993. The event will involve temporary street closures on Glover, Garrett, and Landis Avenues, and on "D" Street. Street closures will be in effect for approximately three hours. RECOMMENDATION: That Council accept the report and approve the request subject to staff conditions. BOARDS/COMMISSION RECOMMENDATION: Not applicable DISCUSSION: The Chief Executive Officer of South Coast Harley Davidson is requesting permission to conduct the annual Tijuana Toy Run on Sunday, December 19, 1993. The purpose of the event is to provide donated Christmas gifts to children in Tijuana. The sponsor is expecting approximately 3,000 participants, and is anticipating that 2,000 motorcycles will be involved in the event. South Coast Harley-Davidson will be the starting point for the event, and motorcycles and their riders will assemble on City streets immediately surrounding the business. The sponsor expects that participants will begin arriving at approximately 7:30 AM. The motorcycles will leave the area at approximately 10:30 AM, and will proceed west on "E" Street to Interstate 5. The Sponsor is requesting permission to temporarily close the streets immediately around his business to allow for the staging of the event, and is requesting support from the Police Department for crowd and traffic control. The street closures would involve Garrett, Glover, and Landis Avenues between "E" and "D" Streets, and "D" Street between Third and Fourth Avenue. These closures would be in effect from 7:30 AM - 10:30 AM. Emergency access lanes on all of these streets would be maintained by the Police Department. The sponsor has contacted all residents on the affected streets notifying them in writing of the event, and requesting their cooperation. The Police Department does not anticipate any problems with this event, and they concur with the staff recommendation for approval of the event subject to the following conditions: 1. Provision of evidence of general liability insurance in the amount of $1 million, in the form of a certificate of insurance and policy endorsement which names the City as additional insured. 2. Execution of a standard Hold Harmless Agreement ;2L) - / Item ..2 {} Meeting Date 12/14/93 3. Provision of adequate crowd and traffic control as determined by the Police Department. All costs for Police services will be reimbursed by the event sponsor. South Coast Harley-Davidson submitted the request for permission to conduct this event less than two weeks ago. The sponsor has been notified that a more timely request for permission will be required for future events. FISCAL IMPACf: None. All costs for required Police services will be paid by the event sponsor. 2 c2(}.-2 COUNCIL AGENDA STATEMENT Item c2 / Meeting Date 12/14/93 Public Hearing for the Purpose of Considering Abatement of the Transient Occupancy Tax Resolution ) 7J37APproving Abatement of the Transient Occupancy Tax From a Rate of Ten Percent to Eight Percent for Calendar Year 1994 SUBMITTED BY: Director of Fina~~f~. . REVIEWED BY: city Manage~ ~~ (4/5ths Vote: Yes_No l( ) At its meeting of October 25, 1990, the City Council adopted Ordinance No. 2407, option 1, amending the Municipal Code regarding Transient Occupancy Tax (TOT) by establishing a maximum TOT rate of ten percent and providing for annual abatement hearings at which time the maximum tax could be lowered. ITEM TITLE: In 1990, 1991 and 1992 the city Council held abatement hearings and set a TOT rate of eight percent for the subsequent calendar year, the same rate it has been since 1978. The purpose of tonight's action is to hold the annual abatement hearing and to consider reduction of the legally maximum TOT rate from ten percent to eight percent. without an abatement hearing the TOT rate will automatically increase to ten percent. RECOMMENDATION: That Council hold the public hearing and adopt the resolution maintaining the TOT rate at eight percent. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: As highlighted in the City Manager's annual Budget presentation for the past several years, the structure of municipal revenue is an increasing problem for Chula vista and all other cities. while the property tax and sales tax revenues normally increase at a rate reflecting economic activity in the community, a number of other revenue sources are ei ther "flat" or actually decrease. Accordingly, the city's overall revenue base does not keep up with the expenditures, resul ting in a constant search for ways of providing services more efficiently and less costly, as well as ways to increase revenues. The City has come to rely to some extent on one time windfall revenues, or ongoing revenues from special funds to pay for general City operations. In order to 02/- / Page 2, Item Meeting Date 12/14/93 address the structural insufficiency in the municipal revenue base, the City has made efforts in the past three years to identify additional revenue possibilities, as well as taking steps to make overall operations more efficient. One outgrowth of these efforts was to bring the business license tax rates more in line with other cities. Although a three year phase-in of rate increases was scheduled, the past three years' proposed increases have been deferred because of continuing poor economy. The City Council also agreed to increase the Transient Occupancy Tax from eight percent to a maximum of ten percent, but held the increase in abeyance given the economic situation at the time, with the idea that an economic recovery might warrant an increase in TOT in future years. Unfortunately, the current economic environment has not improved from previous years. The motel occupancy rate has declined over the past several months because of the recession and overbuilding in San Diego. In FY 1992-93, the City's actual TOT revenue declined by 8.6% from the previous year. California is continuing to lag behind any economic recovery. In light of this discussion, staff is recommending that the TOT be maintained at its current rate of eight percent. Alternative As an alternative to the staff recommendation, Council may wish to consider not abating the TOT rate and allowing it to automatically increase to ten percent or abating it to a rate somewhere between eight and ten percent. Each one percent in TOT rate equals approximately $140,000 in revenue. Therefore, if the TOT rate is abated to nine percent it will increase revenue by $140,000 and if the TOT rate is ten percent it will increase revenue by $280,000. Comparison of TOT Rates in Neighboring cities The following table indicates the TOT rate in neighboring cities: Previous Current Date city TOT Rate TOT Rate Changed Imperial Beach 7% 10% 7/1/90 Coronado 6% 7% 10/1/85 National City 8% 10% 7/1/92 San Diego 8% 9% 6/1/89 2/~.2 . ^."-,._~,-_.,..~_.--.."~._,-"".~-_.~._--_-.-..---- Page 3, Item Meeting Date 12714/93 As indicated above, most of the adjoining cities have a higher TOT rate than Chula Vista. Imperial Beach increased its TOT rate by 43% as of 7/1/90 and its TOT revenue increased by 35% in FY 1990-91 and maintained in FY 1991-92. In FY 1992-93 Imperial Beach experienced a 20% decrease in TOT revenue, in all likelihood because of fewer tourists to the San Diego area and the lagging economy. National City increased its TOT rate by 25% beginning 7/1/92, yet its TOT revenue increased by only 12% in FY 1992-93, once again probably due to decreased tourism in the San Diego area. This means that our motel/hotel operators would not be competing at a disadvantage with National city or Imperial Beach if Chula vista's rate was raised to nine or ten percent. Also, as you will recall, this is a tax that provides support for City services from non-residents of Chula vista, so it will not have a direct impact on most Chula vista taxpayers. Finally, in light of the state's continuing budget woes the City may very well need this additional revenue at some point in time in order to support existing service levels. FISCAL IMPACT: By keeping the current TOT rate of eight percent, the City's TOT General Fund revenue for this fiscal year is anticipated to be approximately $1,100,000. If the TOT rate is abated to nine percent, then it is estimated that the City will receive an annual revenue of $1,240,000. with a TOT rate of ten percent the City will receive $1,380,000 in revenue. J./~3 RESOLUTION NO. 1733; RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ABATEMENT OF THE TRANSIENT OCCUPANCY TAX FROM A RATE OF TEN PERCENT TO EIGHT PERCENT FOR CALENDAR YEAR 1994 WHEREAS, at its meeting of October 25, 1990, the city Council adopted Ordinance No. 2407, option 1, amending the Municipal Code regarding Transient Occupancy Tax (TOT) by establishing a maximum TOT rate of ten percent and providing for annual abatement hearings at which time the maximum tax could be lowered; and WHEREAS, in 1990, 1991 and 1992, the City Council held abatement hearings and set a TOT rate of eight percent for the subsequent calendar year, the same rate it has been since 1978; and WHEREAS, the City Council, at a public hearing held on December 14, 1993, considered the reduction of the TOT rate from ten percent to eight percent and voted to maintain the TOT rate as eight percent. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve the abatement of the Transient Occupancy Tax from a rate of ten percent to ight percent for calendar year 1994. LYman Christopher, Director of Finance /1 ?~asvto 0 Bruce M. Boogaard, Attorney Presented by F:home\attomey\8%TOT J/-1 CITY COUNCIL AGENDA STATEMENT Item ;J 2 Meeting Date 12/14/93 ITEM TITLE: Public Hearing CONCERNING THE COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY SUBMITTED BY: Resolution ) 73 it? Adopting the 1994-1999 Comprehensive Housing Affordability Strategy & Authorizing Submitting the CHAS to the U.S. Department of Housing and Urban Development Community Developme~rector L ? \ City Managerj~~~\ U (4/5ths V ote: Yes No X) REVIEWED BY: BACKGROUND: The National Affordable Housing Act of 1990 requires all jurisdictions applying for funding from the Department of Housing and Urban Development, including Community Development Block Grant (CDBG), to submit a Comprehensive Housing Affordability Strategy (CHAS). The CHAS is a planning document which identifies the City's housing needs and outlines a strategy to meet these needs. RECOMMENDATION: That the City Council open the public hearing; take public comment regarding the City's Draft Comprehensive Housing Affordability Strategy; close the public review period; adopt the CHAS; and authorize forwarding it to HUD for approval. BOARDS/COMMISSIONS RECOMMENDATION: The Housing Advisory Committee reviewed and unanimously approved the draft CHAS at a Special Meeting, December 7, 1993 and their comments have been incorporated into the CHAS. DISCUSSION: The National Affordable Housing Act of 1990 requires all jurisdictions applying for funding assistance under most programs administered by the Department of Housing and Urban Development (HUD) to submit a Comprehensive Housing Affordability Strategy (CHAS) to HUD for approval. The full CHAS is submitted to HUD every five years, but the CHAS is updated annually with a One Year Action Plan. The CHAS is a comprehensive planning document that identifies the City's overall needs for affordable and supportive housing and outlines a strategy to address these needs. The National Affordable Housing Act requires the City's CHAS to contain elements which describe the City's housing needs and market conditions, sets out a five year strategy which establishes priorities for meeting these needs, identifies resources anticipated to be available for the development of housing, and establishes an investment plan that outlines the planned uses of resources. The Act also requires citizen input in the process and mandates a thirty day public comment period as well as a public hearing before City Council. A public hearing was held on October 02;2 -j Page 2, Item .;ld... Meeting Date 12/14/93 12, 1993. The public comment period ended on November 12, 1993 and the summary of citizen comments has been incorporated into the CHAS. The CHAS is exempt from environmental review under CEQA. This statutory exemption is found in State Code Section 15267. The City's Draft CHAS identifies the following housing priorities: 1. Preserve Palomar and Oxford Terrace Apartments because they are "at-risk" of converting to market rate rentals; 2. Administer the City's housing rehabilitation program entitled the Community Housing Improvement Program (CHIP); 3. Implement the City's Affordable Housing Program; 4. Assist low, moderate, and middle income residents to become homeowners; 5. Support non-profit corporations to develop affordable housing; 6. Assist mobile home park residents who are faced with rent increases and park closures; 7. Work with the San Diego County Housing Authority to provide public housing in Chula Vista and to transition such responsibility to the Chula Vista Housing Authority; 8. Utilize CDBG funds for supportive services for residents with special needs. 9. Develop a transitional housing shelter. City Council adopted a CHAS document in 1991. However, due to the arrival of the new 1990 Census Data, HUD is now requiring that all jurisdictions review their City's housing needs and strategies with this new information and prepare a revised five year plan. This new CHAS document will be a planning document for 1994 through 1999. It might also be mentioned that the CHAS' goals and priorities run parallel with the City's Housing Element of the General Plan. FISCAL IMPACT: None. [C :\WP51 \AGENCY\RMS\CHAS-94.RA4] 02)'~cJ RESOLUTION J? 3 'i 0 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE 1994-1999 COMPREHENSIVE HOUSING AFFORDABILITY STRA TEGY (CHAS) AND AUTHORIZING SUBMITTING THE COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the National Affordable housing Act of 1990 requires the development of a Comprehensive housing Affordability Strategy by jurisdictions requesting funding from the U.S. Department of housing and Urban Development. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby rmd, order, determine and resolve that the City Council of the City of Chula Vista does hereby adopt the 1994-1999 Comprehensive housing Affordability Strategy and authorizes its submission to the Department of Housing and Urban D velopment. APE 'L~ <rJ' ~ Bruce M, Boogaard ' City Attorney I ~C)~ . BY: PRESENTED BY: Chris Salomone Community Development Director [BM\B:CHAS.RSO] DISK #2 ;2 J. .- _7 NOllce or I:.xemptlon Supplementary Document Q To: 1& Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 From: (Public Agency) C/7'Y tIP {}./VlA {/I'5.11'I 2. 7& ~ At4?N~ t'"' ~ I (Addras) '-f"-( {)LA- 1/'(5)>4- CJQ q Ie; / (;) g1 County Clerk County of c51;N a/?""~ ~IJ. M\C" /?S-tJ MrJ Ole~ ffi C?:u /2. .1./1'17 Project Title: ()111!" ff O-tUt"A- [/Igm (byy;/!ld-Njg~ J-I/JV,k~ . fl-r/ZJMA-81l-~rl .s~ /l ~/ _ H h""r ~y /qt:fL/- m1 Project Location - Specific: ld LX- ~y~ Project Location - City: (l~L/LA t/;.>TJ4 Project Location - County: d4v PI t:::fnJ Description of Project: 7ft(/' (}JyyJ.#/le-rlB'JV~~ J..IcrL{"JINt, ~t?~/ur-t' 5f7h4--nsl(' Iflef"A/'!);:::1~S PI1tJIPh:h11> W~/~ p~#~ '?1.~/1't. ~/S~ /?);L ~cr Pt:!Vt!2.d/11~ A,vp /d. ~/.5I77nV or HOV$M/~. rHt.j ~13tdtfl.r (;7~ ~ . Pkd6J1!' fi-t!-TVr-k. C!<nu677C-VCllnJ ~ .r-u.n/3 /uVt::'. Name of Public Agency Approving Project: e, f'17 d CuLA-A ///f,TJ4 Name of Person or Agency Carrying Out Project: &'FY p::r G.tvLA t/j~~ Exempt Status: (check one) o Ministerial (Sec. 2108O(bXl); 15268); o Declared Emergency (Sec. 2108O(b)(3); 15269(a)); o Emergency Project (Sec. 2108O(b)(4); 15269(b)(c)); .~:.\. o Categorical Exemption. State type and section number: C8I Statutory Exemptions. State code number: /$'2 ~7: h/VI9'NOIIh- A-ss.$~ 1Z> '-<TW ~ #7~Ptf"Mnr IAJ~er ~tJV*/U1- . Reasons why project Is exempt: 1Ue"" ?4nrcr t' /l-A-AJ) PRQ.VIOE.5 poJZ. ~/~C/A-1.- AS,}/b17btJl3l:r ~ 7H'e- t1~#7e7VT rbvPh,,l. ~tNf/T/ff>"'J or /2-t:n>/~&V77A-L- flOV.h/Ub 1uJZ..Su~ 7b ,'Ea7aw- l5"2.{p7 tlr T1-ftr ~vIArWA/lr::> tf)C n:--tt:;" ~~/V/14- f!1VV1A:7rJ~~ ~rtr,4c.r: Lead Agency Contact Person: ~ /J1J41t..-n/J~-Z Area Code/TelephonelExtension: ((P/9/ ~c; 1- .?dG/7 If filed by applicant: 1. Attach certified docwnent of exemption finding. 2. Has a Notice of Exemption been med by the public agency approving the project? 0 Yes 0 No SignalUre: ~ ~ Dale: 12-/2/9.. ~Signed by Lead Agency Date received for f1ling at OPR: o Signed by Applicant Title: eNV/~AI?f:9IJl1:Ii..- P~;n:z.?3 ...n~ Revised October 1989 ,2:2- --I SUPPLEMENTARY INFORMATION . 243 ~ ~ ~q St~\1..W d~ 73/03 ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT Item cJ,,;> Meeting Date 12/14/93 Public Hearing: Conditional Use Permit PCC-94-09; Appeal from the decision of the Planning Commission to approve a request by Covenant Christian School to operate a private school for grades K-12 at 2400 Fenton Street, in the EastLake Business Center - Bonita Country Day School (Continued) Resolution I 7 ; -2~Ying the appeal and thereby affirming the decision of the Planning Commission to approve PCC-94-09 for a private school at 2400 Fenton Street for a five-year period Director of Pl~ing ,ftt City ManagerJ11 ~~) (4/Stbs Vote: Yes_NoX) This item is an appeal by Bonita Country Day School from a decision of the Planning Commission to approve a request by Covenant Christian School to establish a private school for grades K-12 for a period of five years at 2400 Fenton Street within the EastLake Business Center. Bonita Country Day School presently occupies a portion of the building at 2400 Fenton Street. On December 7, 1993, the City Council considered this item, took public testimony, and continued the matter for one week to allow Covenant Christian additional time to attempt to (1) resolve the concerns of Bonita Country Day School regarding shared use of the facility, and (2) secure the use of Scobee Park for a period of five years rather than the present agreement calling for two years of use. Please see attached for a copy of the full staff report on this item from the meeting of December 7, 1993. RECOMMENDATION: That the City Council deny the appeal and thereby affirm the decision of the Planning Commission to approve PCC-94-09, but modify the resolution to reflect a two- year rather than five-year term. BOARDS/COMMISSIONS RECOMMENDATION: On October 27, 1993, the Planning Commission voted 5-2 to approve Conditional Use Permit PCC-94-09 for a five-year term in accordance with the findings and subject to the conditions in Resolution PCC-94-09. )3-/ Page 2, Item c2 J Meeting Date 12/14/93 DISCUSSION: On December 8, 1993, the Planning staff met with representatives from Covenant Christian School and Bonita Country Day School to discuss the issues regarding shared use. Tentative agreement was reached on all of the issues of concern, and it is expected that a formal agreement and full resolution of the issues will be completed between the two schools prior to the Council meeting. The most recent correspondence from the EastLake Business Center Owners Association indicates that the Association does not favor extending the use of Scobee Park to five years at this time, but that it should not be difficult for Covenant Christian to receive an extension if everything goes well over the next two years (please see attached letter from EastLake dated November 4, 1993). Following the December 7 Council meeting, EastLake was contacted by staff to determine if they would reconsider their position and extend the use of the Park to five years. They indicated that it may not be possible to resurvey their membership in such a short period of time, but that they would take the matter under consideration. Staff will report to Council on this issue at the meeting. It should be noted that Condition #3 of the Resolution states, in part, "... the applicant shall provide proof satisfactory to the Director of Planning that legally enforceable rights to suitable outdoor recreational and physical education facilities have been obtained for the duration of the permit. Loss of such facilities shall be grounds for revocation of the permit. " This condition contemplated that Covenant Christian may have alternatives to the use of Scobee Park to provide for outdoor recreation, including the possibility of securing the use of vacant acreage adjacent to their site from EastLake, or perhaps transporting the children to recreational facilities outside the immediate area. Thus, it was not anticipated that Covenant Christian would be entirely dependent upon the use of Scobee Park to meet the recreational and physical education needs of the children. (c:\wp51 \nancy\covchris.Al13) Not applicable. ~~~ ~'ftd~' FISCAL IMPACT: J3" 2- RESOLUTION NO. 17325 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING THE APPEAL OF THE DECISION OF THE PLANNING COMMISSION AND ISSUE CONDITIONAL USE PERMIT PCC-94-09 TO USE 2400 FENTON STREET IN THE EASTLAKE BUSINESS CENTER AS A PRIVATE SCHOOL FOR A PERIOD OF FIVE YEARS. WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula vista Planning Department on August 18, 1993, by Covenant Christian School, and WHEREAS, said application requested approval to establish and operate a private school for a minimum five-year period at 2400 Fenton Street (APN 595-232-11) ("Subject Property") in the EastLake Business Center ("Project"); and, WHEREAS, the City'S Planning commission has the authority to grant conditional use permits for certain uses over the Subject Property pursuant to the authority of Ordinance No. 2522 adopted by the city Council on June 30, 1992, being the EastLake I Planned Community District Regulations, as amended; and, WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m. October 27, 1993, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, on October 27, 1993, the Commission voted 5-2 to approve the conditional use permit for a five year period, based on the findings and subject to the conditions contained in Resolution PCC-94-09, a signed copy of the resolution was filed with the city Clerk on November 3, 1993; and, WHEREAS, on November 11, 1993, and within the time to file an appeal, an appeal from the decision of the Planning Commission was filed by Bonita Country Day School; and, WHEREAS, said appeal was based on claims that the child welfare, security and safety issues associated with the proposed use have not been adequately addressed; that the Planning Commission's decision was based on accepted planning practice that does not address the unique circumstances of this project, and that covcrhist.wp December 9, 1993 Reso Granting CUP for Private School Page 1 -23 - J Resolution No. Page 2 the basis for the approval of the five year permit term was the business agreement between the building owner and Covenant Christian School; and, WHEREAS, the City Clerk set the time and place for a hearing and said appeal 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 property at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 4:00 p.m. Tuesday, December 7, 1993, in the Council Chambers, 276 Fourth Avenue, before the City Council. WHEREAS, this Resolution is passed pursuant to the authority of section 19.14.130 by which the city Council may affirm, reverse or modify in whole or in part any determination of the planning commission upon the hearing of such appeal, subject to the same limitationsd and requirements of finding as are placed upon the planning commission by said Chapter 19.14. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL hereby finds as follows: section 1. CEQA Consideration. The city Council does hereby confirm and endorse the determination of the City's Environmental Review Coordinator that, and hereby finds on its own behalf, that the Project is exempt from environmental review as a Class l(a) exemption under section 15301 of the CEQA Guidelines. Section 2. Conditional Use Permit Findings. Pursuant to the requirement of Section 19.14.130, the City Council makes the following findings, presented in bold lettering, as specified in section 19.14.080 as follows, based on the evidence therein below set forth: 1. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The site represents a suitable interim location for the school to continue to meet the private educational needs of the community provided the circumstances which favor approval at this time are subject to review and reconsideration in five years time to determine if the covcrhist.wp December 9, 1993 Reso Granting CUP for Private School Page 2 :2 3./1 Resolution No. Page 3 development of the surrounding area and/ or any changes in the plans or regulations of the Business Center may result in a conflict in uses. 2. That such use will not under the circumstances of the particular case, be detrimental the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The present lack of development immediately surrounding the site should ameliorate any potential conflicts between uses. The permit, as conditioned, will further ensure compatibility with co-tenants and other properties within the Business Center, and will allow review and reconsideration of these circumstances within five years time. 3. That the proposed use will comply with the regulations and conditions specified in the Municipal Code for such use. The approval of the permit, as conditioned, will require the use to comply with all applicable regulations, codes and requirements. 4. That the granting of this conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. with the approval of this permit and the implement of all conditions, the use will be consistent with the General Plan and EastLake PC District regulations. section 3. Grant of Use Permit on Specified Conditions. The City Council hereby grants permission to the Owner of the Subject Propert to use the Subject Property to establish and operate a private school for a minimum five-year period subject to the following conditions: 1. Term. The permit is approved for a period of five years (until October 27, 1998) and subject to periodic review during that period of time. The permit may be considered by the Planning Commission for renewal and extension beyond that date provided a written request therefor, along with the required fee, exhibits and information, is received, deemed complete and approved at least 30 days but no more than 120 days prior to the expiration date. covcrhist.wp December 9, 1993 23-5 Reso Granting CUP for Private School Page 3 Resolution No. Page 4 The primary factors to be considered in renewing and extending the permit is the potential for conflict with surrounding development and/or any changes in the plans for the Business Center. 2. Traffic and Parking. Prior to occupancy the property owner shall submit to the Director of Planning a program to avoid traffic conflicts and allocate parking between the two schools and any other potential building tenants per city standards. Said program shall be agreeable to and signed by representatives from both schools, or shall be shown to be legally enforceable by the property owner/landlord. 3. Physical Education. Prior to occupancy the applicant shall submit a schedule of outdoor recreational and physical education activities which conforms with the parameters of use approved by the EastLake Business Center Owners Association; the applicant shall provide proof satisfactory to the Director of Planning that legally enforceable rights to suitable outdoor recreational and physical education facilities have been obtained for the duration of the permit. Loss of such facilities shall be grounds for revocation of the permit. 4. Occupancy. The occupancy of the building by Covenant Christian shall not exceed the staff/student figures provided by the applicant, i.e., 24 staff and 208 total students consisting of 122 students in grades K-6, 46 students in grades 7-9, and 40 students in grades 10-12, and/ or the number of staff/students indicated by the parking allocation program, whichever is less. 5. Restriction on outside , On-Site Uses. All on-site school activities, including recess and recreation, and pre- school and post-school activities, shall be limited to the inside of the building. 6. Crossing Guards. Trained, uniformed adult crossing guards shall be provided at the intersection of Fenton Street and Lane Avenue to oversee and protect the children on all trips to and from Scobee Park. 7. Code Compliance. Prior to occupancy the school shall comply with all of the codes, requirements and conditions imposed by the Department of Building and Housing and the Fire Department. 8. Interim Use Acknowledged. By the acceptance of this permit, the applicant acknowledges that the school has covcrhist.wp December 9, 1993 Reso Granting CUP for Private School Page 4 :2;( --tf, Resolution No. Page 5 been approved as an interim use, and its occupancy of the facilities at 2400 Fenton street shall in no way restrict the use of adj acent properties from uses otherwise deemed appropriate under the Business Center PC District Regulations. 9. Post-Approval Conditions. This permit shall be subject to any and all new, modified, or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which city shall impose after advance written notice to the permittee and after the city has given to the permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenues source which the Permittee can not, in the normal operation of the use permitted, be expected to economically recover. 10. Time to Commence Use. This conditional use permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. failing any of which conditions, or failing the continued mainte- nance of same as the condition may require, this permit, shall, following a public hearing by the City Council at which the App- licant or his successor in interest is given notice and the oppor- tunity to appear and be heard with regard thereto, be terminated or modified by the City Council. section 4. Denial of Appeal. The City Council does hereby deny the appeal of Bonita country Day School. ~ Robert Leiter Director of Planning ,aft r Presented by ruce M. Boogaard City Attorney covcrhist.wp December 9, 1993 Reso Granting CUP for Private ;2J~? /~3-Ff School Page 5 RESOLUTION NO. I ?.32.? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING THE APPEAL OF THE DECISION OF THE PLANNING COMMISSION AND ISSUE CONDITIONAL USE PERMIT PCC-94-09 TO USE 2400 FENTON STREET IN THE EASTLAKE BUSINESS CENTER AS A PRIVATE SCHOOL FOR A PERIOD OF FIVE YEARS. WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on August 18, 1993, by Covenant Christian School, and WHEREAS, said application requested approval to establish and operate a private school for a minimum five-year period at 2400 Fenton Street (APN 595-232-11) ("Subject Property") in the EastLake Business Center ("Project"); and, WHEREAS, the City's Planning Commission has the authority to grant conditional use permits for certain uses over the Subject Property pursuant to the authority of Ordinance No. 2522 adopted by the City Council on June 30, 1992, being the EastLake I Planned Community District Regulations, as amended; and, WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m. October 27, 1993, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, on October 27, 1993, the Commission voted 5-2 to approve the conditional use permit for a five year period, based on the findings and subject to the conditions contained in Resolution PCC-94-09, a signed copy of the resolution was filed with the city Clerk on November 3, 1993; and, WHEREAS, on November 11, 1993, and within the time to file an appeal, an appeal from the decision of the Planning Commission was filed by Bonita country Day School; and, WHEREAS, said appeal was based on claims that the child welfare, security and safety issues associated with the proposed use have not been adequately addressed; that the Planning Commission's decision was based on accepted planning practice that does not address the unique circumstances of this project, and that covcrhist.wp November 28, 1993 Reso Granting ~-\$ CUP for Private School Page 1 Resolution No. Page 2 -. the basis for the approval of the five year permit term was the business agreement between the building owner and Covenant Christian School; and, WHEREAS, the City Clerk set the time and place for a hearing and said appeal 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 property at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 4:00 p.m. Tuesday, December 7, 1993, in the Council Chambers, 276 Fourth Avenue, before the City Council. WHEREAS, this Resolution is passed pursuant to the authority of Section 19.14.130 by which the City Council may affirm, reverse or modify in whole or in part any determination of the planning commission upon the hearing of such appeal, subject to the same limitationsd and requirements of finding as are placed upon the planning commission by said Chapter 19.14. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL hereby finds as follows: ~ Section 1. CEQA Consideration. The City Council does hereby confirm and endorse the determination of the City's Environmental Review Coordinator that, and hereby finds on its own behalf, that the Project is exempt from environmental review as a Class l(a) exemption under Section 15301 of the CEQA Guidelines. Section 2. Conditional Use Permit Findings. Pursuant to the requirement of Section 19.14.130, the City Council makes the following findings, presented in bold lettering, as specified in Section 19.14.080 as follows, based on the evidence therein below set forth: 1. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The site represents a suitable interim location for the school to continue to meet the private educational needs of the community provided the circumstances which favor approval at this time are subject to review and reconsideration in five years time to determine if the - covcrhist.wp November 28, 1993 Reso Granting ~ 23-lc.o CUP for Private School Page 2 Resolution No. Page 3 development of the surrounding area and/or any changes in the plans or regulations of the Business Center may result in a conflict in uses. 2. That such use will not under the circumstances of the particular case, be detrimental the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The present lack of development immediately surrounding the site should ameliorate any potential conflicts between uses. The permit, as conditioned, will further ensure compatibility with co-tenants and other properties within the Business Center, and will allow review and reconsideration of these circumstances within two years time. 3. That the proposed use will comply with the regulations and conditions specified in the Municipal Code for such use. The approval of the permit, as conditioned, will require the use to comply with all applicable regulations, codes and requirements. 4. That the granting of this conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. with the approval of this permit and the implement of all conditions, the use will be consistent with the General Plan and EastLake PC District regulations. Section 3. Grant of Use Permit on Specified Conditions. The city Council hereby grants permission to the Owner of the Subject Propert to use the subject Property to establish and operate a private school for a minimum five-year period subject to the following conditions: 1. Term. The permit is approved for a period of five years (until October 27, 1998) and subject to periodic review during that period of time. The permit may be considered by the Planning commission for renewal and extension beyond that date provided a written request therefor, along with the required fee, exhibits and information, is received, deemed complete and approved at least 30 days but no more than 120 days prior to the expiration date. covcrhist.wp November 28, 1993 Reso Granting >>* 23-11 cup for Private School Page 3 Resolution No. Page 4 -. The primary factors to be considered in renewing and extending the permit is the potential for conflict with surrounding development and/or any changes in the plans for the Business Center. 2. Traffic and Parking. Prior to occupancy the property owner shall submit to the Director of Planning a program to avoid traffic conflicts and allocate parking between the two schools and any other potential building tenants per City standards. Said program shall be agreeable to and signed by representatives from both schools, or shall be shown to be legally enforceable by the property owner/landlord. 3. Physical Education. Prior to occupancy the applicant shall submit a schedule of outdoor recreational and physical education activities which conforms with the parameters of use approved by the EastLake Business Center Owners Association; the applicant shall provide proof satisfactory to the Director of Planning that legally enforceable rights to suitable outdoor recreational and physical education facilities have been obtained for the duration of the permit. Loss of such facilities shall be grounds for revocation of the permit. - 4. Occupancy. The occupancy of the building by Covenant Christian shall not exceed the staff/student figures provided by the applicant, i.e., 24 staff and 208 total students consisting of 122 students in grades K-6, 46 students in grades 7-9, and 40 students in grades 10-12, and/or the number of staff/students indicated by the parking allocation program, whichever is less. 5. Restriction on Outside , On-Site Uses. All on-site school activities, including recess and recreation, and pre- school and post-school activities, shall be limited to the inside of the building. 6. Crossing Guards. Trained, uniformed adult crossing guards shall be provided at the intersection of Fenton Street and Lane Avenue to oversee and protect the children on all trips to and from Scobee Park. 7. Code Compliance. Prior to occupancy the school shall comply with all of the codes, requirements and conditions imposed by the Department of Building and Housing and the Fire Department. 8. Interim Use Acknowledged. By the acceptance of this permit, the applicant acknowledges that the school has - covcrhist.wp November 28, 1993 -IJ /V - 2 3-1 ~ Reso Granting CUP for Private School Page 4 Resolution No. Page 5 been approved as an interim use, and its occupancy of the facilities at 2400 Fenton street shall in no way restrict the use of adjacent properties from uses otherwise deemed appropriate under the Business Center PC District Regulations. 9. Post-Approval Conditions. This permit shall be subject to ,any and all new, modified, or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which City shall impose after advance written notice to the permittee and after the City has given to the permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenues source which the Permittee can not, in the normal operation of the use permitted, be expected to economically recover. 10. Time to Commence Use. This conditional use permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with section 19.14.260 of the Municipal Code. Failure to comply with any condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. failing any of which conditions, or failing the continued mainte- nance of same as the condition may require, this permit, shall, following a public hearing by the City Council at which the App- licant or his successor in interest is given notice and the oppor- tunity to appear and be heard with regard thereto, be terminated or modified by the City Council. section 4. Denial of Appeal. The City Council does hereby deny the appeal of Bonita Country Day School. Presented by ,/ IBruce M. Boogaard City Attorney Robert Leiter Director of Planning covcrhist.wp November 28, 1993 Reso Granting CUP for Private ~/~"-~4- School Page 5 - I nns PAG~ BlANK ~ \ \ \ - -- COUNCIL INFORMATION MEMO December 14, 1993 SUBJECT: The Honorable Mayor and City Council John Goss, City Manager 9 Bob Leiter. Director of P1anning x: Update regarding City Council Agenda Item 23 with respect to agreement between schools regarding shared use of 2400 Fenton Street, and extending use of Scobee Park from two to five years TO: VIA: FROM: As noted in the staff report on this item, a meeting was held in which tentative agreement was reached between the two schools on all of the issues regarding shared use of the building and site at 2400 Fenton Street. Attached hereto is a draft written agreement prepared by Covenant Christian which will be presented to Bonita Country Day School for review and consideration prior to tonight's meeting. Mr. Curt Stephenson, representing the EastLake Business Center Owners' Association, has stated in the attached letter that their position is clear; i.e., two years of use of Scobee Park have been approved, and an extension beyond that time should not be a problem in the future provided Covenant Christian performs satisfactorily during the initial two-year period. Mr. Stephenson has also raised an issue in his letter regarding the fact that State law requires expensive special analysis for any facility that proposes to use toxic chemicals within 1,000 ft. of a school or health care facility. Although he does not suggest that the school use be denied for this reason, he believes this information should be brought to Council's attention in their consideration of the school use in relation to the City's efforts to establish a biotech zone in this area of the EastLake Business Center. Staff commned Mr. Stephenson's statements with the Hazardous Materials Management Division of the County Department of Environmental Health. Any facility proposing to use a specified quantity of an "acutely hazardous material" within 1,000 feet of a "sensitive population" (which would include a school), would be required to prepare a Risk Management and Prevention Program, the cost of which, according to the Hazardous Material representative, can range from only a few dollars up to $100,000 or more, depending on the chemical and circumstances involved. Although this would not prohibit a biotech user from locating in the area, it could influence their decision or ability to do so. RAL: SG/nr (schlagmt.mem) -2] /?~ / 2S- ~3 ~ Draft Revision of RESOLUTION NO. 17325 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING THE APPEAL OF THE DECISION OF THE PLANNING COMMISSION AND ISSUING A CONDI- TIONAL USE PERMIT PCC-94-09 TO USE 2400 FENTON STREET IN THE EASTLAKE BUSINESS CENTER AS A PRIVATE SCHOOL UNTIL JUNE 30, 1996, SUBJECT TO POSSIBLE EXTENSION. WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on August 18, 1993, by Covenant Christian School, and WHEREAS, said application requested approval to establish and operate a private school for a minimum five-year period at 2400 Fenton Street (APN 595-232-11) ("Subject Property") in the EastLake Business Center ("Project"); and, WHEREAS, the City's Planning Commission has the authority to grant conditional use permits for certain uses over the Subject Property pursuant to the authority of Ordinance No. . 2522 adopted by the City Council on June 30, 1992, being the EastLake I Planned Community District Regulations, as amended; and, WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m. October 27, 1993, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, on October 27, 1993, the Commission voted 5-2 to approve the conditional use permit for a five year period, based on the findings and subject to the conditions contained in Resolution PCC-94-09, a signed copy of the resolution was filed with the City Clerk on November 3, 1993; and, covcrhist. wp December 21, 1993 J3-~'f Reso Granting CUP for Private School Page 1 Resolution No. Page 2 WHEREAS, on November 11, 1993, and within the time to file an appeal, an appeal from the decision of the Planning Commission was filed by Bonita Country Day School; and, WHEREAS, said appeal was based on claims that the child welfare, security and safety issues associated with the proposed use have not been adequately addressed; that the Planning Commission's decision was based on accepted planning practice that does not address the unique circumstances of this project, and that the basis for the approval of the five year permit term was the business agreement between the building owner and Covenant Christian School; and, WHEREAS, the City Clerk set the time and place for a hearing and said appeal 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 property at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 4:00 p.m. Tuesday, December 7, 1993, in the Council Chambers, 276 Fourth Avenue, before the City Council. WHEREAS, this Resolution is passed pursuant to the authority of Section 19.14.130 by which the City Council may affirm, reverse or modify in whole or in part any determination of the planning commission upon the hearing of such appeal, subject to the same limitationsd and requirements of finding as are placed upon the planning commission by said Chapter 19.14. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL hereby finds as follows: Section 1. CEQA Consideration. The City Council does hereby confirm and endorse the determination of the City's Environmental Review Coordinator that, and hereby finds on its own behalf, that the Project is exempt from environmental review as a Class l(a) exemption under Section 15301 of the CEQA Guidelines. Section 2. Conditional Use Permit Findings. Pursuant to the requirement of Section 19.14.130, the City Council makes the following findings, presented in bold lettering, as specified in Section 19.14.080 as follows, based on the evidence therein below set forth: 1. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. covcrhist. wp December 21, 1993 ,2JYS(~ Reso Granting CUP for Private School Page 2 Resolution No. Page 3 The site represents a suitable interim location for the school to continue to meet the private educational needs of the community provided the circumstances which favor approval at this time are subject to review and reconsideration in five years time to determine if the development of the surrounding area and/or any changes in the plans or regulations of the Business Center may result in a conflict in uses. 2. That such use will not under the circumstances of the particular case, be detrimental the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The present lack of development immediately surrounding the site should ameliorate any potential conflicts between uses. The permit, as conditioned, will further ensure compatibility with co-tenants and other properties within the Business Center, and will allow review and reconsideration of these circumstances within two years time. 3. That the proposed use will comply with the regulations and conditions specified in the Municipal Code for such use. The approval of the permit, as conditioned, will require the use to comply with all applicable regulations, codes and requirements. 4. That the granting of this conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. With the approval of this permit and the implement of all conditions, the use will be consistent with the General Plan and EastLake PC District regulations. Section 3. Grant of Use Permit on Specified Conditions. The City Council hereby grants permission to the Owner of the Subject Propert to use the Subject Property to establish and operate a private school for a minimum five year period until June 30. 1996. subject to the following conditions: 1. Term. The permit is approved for a period ending June 30. 19961/ of fiye years (until October 27, 1998) and subject to periodic review during that period of 1. Council motion was for 2 1/2 years, in order to get it out of the normal school year. I choose date specific of June 30, 1996, since 2 1/2 years would be June 14, 1996, which may be around the time of graduation. covcrhist. wp December 21, 1993 ~;l J~~" Reso Granting CUP for Private School Page 3 Resolution No. Page 4 time. The permit may be considered by thc Planning Commission by the City Council for renewal and extension beyond that date provided a written request therefor, along with the required fee, exhibits and information, is received, deemed complete and approved by June 14. 1995~' at least 30 days but no more thafl 120 days prior to the cxpiration datc. The primary factors to be considered in renewing and extending the permit is ill whether there exists. or there is expected in the near future to exist. within the EastLake Business Park a demand for sites by users which. by virtue of re- quirements of law involving the siting of hazardous waste generating uses with a given distance from an operating school. may require such prospective users to engage in costly and time consuming studies and reports before such use may be allowed. and (2) the potential for conflict with surrounding development and/or any changes in the plans for the Business Center. 2. Traffic and Parking. Prior to occupancy the property owner shall submit to the Director of Planning a program to avoid traffic conflicts and allocate parking between the two schools and any other potential building tenants per City standards. Said program shall be agreeable to and signed by representatives from both schools, or shall be shown to be legally enforceable by the property owner/landlord. 3. Physical Education. Prior to occupancy the applicant shall submit a schedule of outdoor recreational and physical education activities which conforms with the parameters of use approved by the EastLake Business Center Owners Association; the applicant shall provide proof satisfactory to the Director of Planning that legally enforceable rights to suitable outdoor recreational and physical education facilities have been obtained for the duration of the permit. Loss of such facilities shall be grounds for revocation of the permit. 4. Occupancy. The occupancy of the building by Covenant Christian shall not exceed the staff/student figures provided by the applicant, Le., 24 staff and 208 total students consisting of 122 students in grades K-6, 46 students in grades 7-9, and 40 students in grades 10-12, and/or the number of staff/students indicated by the parking allocation program, whichever is less. 2. The Council motion on December 14 was for 18 months, which according to my calculations is approximately June 14, 1995. Better to have specific dates so that when it comes about, future readers don't have to recalculate backwards from date of approval of resolution. covcrhist. wp December 21, 1993 L2 J '-~7 Reso Granting CUP for Private School Page 4 Resolution No. Page 5 5. Restriction on Outside, On-Site Uses. All on-site school activities, including recess and recreation, and pre-school and post-school activities, shall be limited to the inside of the building. 6. Crossing Guards. Trained, uniformed adult crossing guards shall be provided at the intersection of Fenton Street and Lane Avenue to oversee and protect the children on all trips to and from Scobee Park. 7. Code Compliance. Prior to occupancy the school shall comply with all of the codes, requirements and conditions imposed by the Department of Building and Housing and the Fire Department. 8. Interim Use Acknowledged. By the acceptance of this permit, the applicant acknowledges that the school has been approved as an interim use, and its occupancy of the facilities at 2400 Fenton Street shall in no way restrict the use of adjacent properties from uses otherwise deemed appropriate under the Business Center PC District Regulations. 9. Post-Approval Conditions. This permit shall be subject to any and all new, modified, or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which City shall impose after advance written notice to the permittee and after the City has given to the permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenues source which the Permittee can not, in the normal operation of the use permitted, be expected to economically recover. 10. Time to Commence Use. This conditional use permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. failing any of which conditions, or failing the continued maintenance of same as the condition may require, this permit, shall, following a public hearing by the City Council at which the App- licant or his successor in interest is given notice and the opportunity to appear and be heard with regard thereto, be terminated or modified by the City Council. covcrhist. wp December 21, 1993 :23-?6' Reso Granting CUP for Private School Page 5 Resolution No. Page 6 Section 4. Denial of Appeal. The City Council does hereby deny the appeal of Bonita Country Day School. Presented by Approved as to form by Robert Leiter Director of Planning Bruce M. Boogaard City Attorney covcrhist. wp December 21, 1993 ~3,-J(1 Reso Granting CUP for Private School Page 6 COUNCIL AGENDA STATEMENT Item A Meeting Date 12/14/93 ITEM TITLE: PUBLIC HEARING: PCA.93-01 - Consideration of additions to and amendments of portions of Title 19 of the Municipal Code to allow auctions subject to approval of a conditional use permit in the I-P (General Industrial-Precise Plan) Zone - City of Chula Vista ORDINANCE ..?~JY~ending Title 19 of the Municipal Code to add Sections 19.04.015 and 19.58.050; and amend Sections 19.46.040, 19.58.070, and 19.62.050 in order to allow auctions subject to approval of a conditional use permit in the I-P (General Industrial-Precise Plan) Zone SUBMITTED BY: DCl~tyreCMtOarnaOfgePrI7~/~ REVIEWED BY: '.1"> . 0 ~\ (4/Sths Vote: Yes_No-X) 1. Pursuant to the Siroonian Settlement Agreement (Attachment "A"), the City agreed to consider an amendment to Title 19 of the Municipal Code to allow "'the lien sale of impounded vehicles' to occur in an I-P (General Industrial-Precise Plan) designated zone subject to securing a conditional use/special permit". 2. City staff prepared a draft Code amendment which would allow lien sale of impounded automobiles as a conditional use in the Industrial - Precise Plan (I-P) zone. This proposed amendment was reviewed by the Planning Commission, and at their direction, was revised. The expanded definition encompasses auctions involving automobiles, large heavy equipment items, and other items usually auctioned by businesses in this zone. On October 27, 1993, the Planning Commission recommended approval of the proposed Code amendment, based on the expanded defInition. 3. An Initial Study, IS-93- 24, of possible adverse environmental impacts of the project has been conducted by the Environmental Review Coordinator (ERC). The ERC concluded that there would be no signifIcant environmen~l effects and recommends that the Negative Declaration, and addendum attached thereto, be adopted. RECOMMENDATION: That Council adopt the ordinance approving additions to and amendments of portions of Title 19 of the Municipal Code to allow auctions, subject to approval of a conditional use permit in the I-P (General Industrial-Precise Plan) Zone. BOARDS/COMMISSIONS RECOMMENDATION: On June 9, 1993, the Planning Commission held a public hearing on the proposed Code amendment, and continued this matter to allow consideration of an expanded defInition of "auctions." On October 27, 1993, the ;;. '-1- I Page 2, Item 4 Meeting Date 12/14/93 Planning Commission voted 6-1 to recommend that Council enact the additions and amendments in accordance with R~solution PCA-93-0l. DISCUSSION: Siroonian Agreement The Siroonian Settlement Agreement was executed on November 25, 1992 as an out-of-court settlement resulting from litigation brought about by several property owners in the vicinity of Energy Way related to the Otay Valley Assessment District and Otay Valley Road improvements. The City, however, is not committed to approve any text amendment by the agreement, only to process it. Item II.C, Condition Precedent No.1, on page 6 of the Settlement states: "Condition Precedent No.1. Initiation of Lien Sale Zone Text Change Processing. City shall commence, within 20 days of the effective date of this Agreement, an initial study for the Lien Sale Zone Text Change, which shall be deemed to be the initiation of the process to accomplish a Lien Sale Zone Text Change. Nothing herein contractually commits the City to implement the Lien Sale Zone Text Change." Proposed Code Amendment The original proposed Code amendment would have allowed lien sale by auction of automobiles as a conditional use in the I-P zone, as described in the Siroonian agreement, and also would establish development and operational standards for this use. This proposal was reviewed by the Planning Commission at a public hearing held on June 9. At that time, the Planning Commission received testimony and correspondence from Rebecca Michael, representing Jim and June McCormack, who own property at 880 Energy Way, some of which is used for auto dismantling and some for vehicle storage. Ms. Michael requested that the Planning Commission consider an expanded defInition of "auction," which would include sale of vehicles, heavy machinery and equipment. The Planning Commission continued this matter and requested staff to return with alternative language which would include this expanded defInition of auctions. Staff returned to the Commission with this alternative language at its meeting of October 27. At that time, the Planning Commission received another letter from Ms. Michael outlining three issues still of concern to her clients (Attachment "B"). Rather than bring this project back to the Planning Commission by continuing the item, the Planning Commission adopted staff's recommendation, but directed staff to consult with Ms. Michael in an attempt to resolve ~e issues brought up in her letter prior to consideration of the matter by the Council. Following this direction, staff held several meetings with Ms. Michael. The three issues brought up in the 10/27/93 letter deal with: :21--- ;2 Page 3, Item ~ Meeting Date 12/14/93 1. Paving requirements (Section 19.58.055 of the draft ordinance); 2. The requirement for an acoustical study if outdoor loudspeakers will be used for auctioning (Section 19.58.055); and 3. Parking requirements (Section 19.62.050 of the draft ordinance). With regard to the paving requirements, the proposed Code amendment would require that "all areas shall be properly paved, striped, and improved to City standards, and screened to the satisfaction of the City Engineer and the Director of Planning." Ms. Michael expressed a concern that this requirement would result in excessive costs associated with paving both vehicle storage areas and parking areas. Staff's response is that the Code requirement for paving applies to all uses and that the use of property for auctions is not being singled out. It should be further noted that the City's paving standard (see Attachment "C") does provide flexibility for paving treatments other than asphalt for temporary uses. In addition, staff does not believe that it would be appropriate to allow a different paving requirement for auctions to the exclusion of other uses. In addition, the McCormacks may apply for a variance from Code requirements, but it should be noted that without meeting the findings as specified in the Zoning Ordinance, staff could not support such an application. In response to Ms. Michael's second concern regarding the requirement for a noise study if loud speakers are used at an auction, based on further explanation by staff that this provision implements the existing noise standards in the Municipal Code, Ms. Michael withdrew her objections to this item at the hearing. In response to Ms. Michael's third concern, the proposed parking ratio has been revised to allow more latitude for the applicant and the approving authority to agree on an appropriate parking ratio during review of a project. Application Under I-P Zoning It should be noted that this text amendment would be applied City-wide and not just in a Redevelopment Area, and an applicanrowning land zoned I-P could apply for a conditional use permit for auctioning if the text amendment is approved. Attachment "D" consists of a map showing the property in Chula Vista with I-P zoning. As can be seen, I-P zoning exists north of Otay Valley Road. There is also some in the Bayfront area, but his will be changed to another. zone as part of the revision of the Bayfront Plan. Generally, when a proposed project is located in a Redevelopment Area, the CUP would be processed in the form of a "Special Land Use Permit" (special use permit) through the Project Area Committee and Redevelopment Agency, not the Planning Commission, and, if appealed, ~ '/-) /z~-1 Page 4, Item ~ Meeting Date 12/14/93 City Council. This depends on the procedural provisions of the applicable redevelopment area plan. In the case of A-Z Metro Towing, the provisions of the Otay Valley Road Redevelopment Area are applicable. These provisions require processing a special use permit through the Otay Valley Road Project Area Committeel Redevelopment Agency, instead of through the Planning Commission/City Council. The Siroonian Agreement refers to I-P zoning, General Industrial with the Precise Plan modifying district applied. This means that besides the provisions of Chapter 19.46 "I - General Industrial" Zone being applied, the provisions of Chapter 19.56 "Modifying Districts" must also be applied. The purpose of the P -Precise Plan Modifying District, as stated in Section 19.56.040 is: "to allow diversification in the spatial relationship of land uses, density, buildings, structures, landscaping and open spaces, as well as design review of architecture and signs through the adoption of specific conditions of approval for development of property in the city. Within the boundaries of the P district, the location, height, size and setbacks of buildings or structures, open spaces, signs and densities indicated on the precise plan shall take. precedence over the otherwise applicable regulations of the underlying zone". The "P" modifIer provides the flexibility to customize a proposed development to its site. This is desirable, especially given the potential traffic, parking and aesthetic impacts that could result from the use. Any application for the subject use, because of the "P" modifier, would be required to obtain approval from the Design Review Committee prior to, and in addition to, the conditional use permit. Present Regulations on Auctions and Automobile Auctions At present, auctions, as discussed in this report, are not addressed in the Zoning Ordinance. The only types of auctions addressed are "Auction Rooms" and "Livestock Auctions." These are not related to the subject use and are allowed in zoning districts other than industrial. Therefore, staff concluded that the creation of a new category of land use called "auction" is needed, especially given the circumstances along Energy Way. An understanding of how "auctions" are currently treated under the Zoning Ordinance is important, however. At present, auto auctions are treated as used car sales, which is a prohibited use in the I (General Industrial) Zone. An auto auction would, however, be permitted in the C- T (Thoroughfare Commercial) or I-L (Limited Industrial) Zones if it were accessory to the sale of new automobiles. In the C-T Zone, if it were the primary use or associated with a use other than the sale of new automobiles, a conditional use permit would be required. e1 '/ - ~--- Page 5, Item .2 i_ Meeting Date :i2Il:4J93 This has proven problematic at times, since the criteria for automobile sales facilities (Section 19.58.070) provides for off street parking equal to one-tenth of the car storage capacity. This is inadequate for auctions because such uses, which usually occur at specified intervals and not on a daily basis, can attract hundreds of people to one event, as opposed to the traditional car lot where generally only a few people browse at their leisure. If the provisions listed in the draft City Council Ordinance are adopted, each applicant would have to justify the parking with a parking analysis. If problems related to off-site parking impacts occurred even with implementation of the recommendations of the parking analysis, additional parking could be required through a review of the conditional use permit. FISCAL IMPACT: Not applicable. F:\HOME\PLANNINGlMARTIN\A UCTION\9301A.I13 :2;J --t ORDINANCE NO. .25JY'Y AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTIONS 19.04.015 AND 19.58.055 TO, AND AMENDING SECTIONS 19.46.040, 19.58.070 AND 19.62.050 OF, THE MUNICIPAL CODE RELATED TO ALLOWING AUCTIONS IN THE I-P ZONE SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT BY THE PLANNING COMMISSION WHEREAS, pursuant to the Siroonian Settlement Agreement ("Agreement"), the City agreed to process an amendment to the Chula Vista Municipal Code to consider "'the lien sale of impounded vehicles' to occur in an I-P designated zone subject to securing a conditional use/special permit" (Item II.B, page 6 of the Agreement)(Project)(case number PCA-93-01); and, WHEREAS, on June 9, 1993 at the public hearing for the Project, the Planning Commission determined that subject land use is too narrowly defined, and continued the hearing to September 22, 1993 to allow staff time to study the feasibility of expanding the defInition to include other similar types of auctioning, however, the hearing was subsequently rescheduled to October 27, 1993; and, WHEREAS, the I-P (General Industrial-Precise Plan) Zone does not specifIcally address "auctions" as either a permitted or conditional use; and, WHEREAS, within the industrial park located north of Otay Valley Road, the auction of vehicles and general equipment has occurred since 1978 with no adverse affects on the neighborhood or community at large; and, WHEREAS, good planning principles suggest expanding the limited definition of the Siroonian Settlement Agreement of "the lien sale of impounded vehicles" to include the broader generic category of all forms of vehicle and general equipment auctioning; and, WHEREAS, on October 27, 1993, the Planning Commission voted 6-to-l to approve Resolution PCA-93-01 recommending that Council enact the proposed text additions and amendments contained in this Resolution, and directing staff to consult with citizens regarding paving requirements and parking ratios; and, WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-93-24, of potential environmental impact associated with the proposal Project and has concluded that there would be no signifIcant environmental impacts, and recommends adoption of the Negative Declaration issued on IS-93-24, and addendum attached thereto; and, WHEREAS, the City Clerk set the time and place for a hearing on said 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 parties who have shown an interest in subject project at least ten days prior to the hearing, ;2t/-? Ordinance No. Page 2 NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION I: That the Project will have no significant environmental impacts, and the City Council of the City of Chula Vista hereby adopts the Negative Declaration issued on IS-93-24, and addendum attached thereto. SECTION II: The City Council hereby fmds that the public convenience justifies the proposed text amendment and that it is in substantial conformance with the General Plan of the City of Chula Vista, and that the Planning Commission has duly considered and reported on same. SECTION III: That Section 19.04.015 is hereby added to the Chula Vista Municipal Code to read as follows: "Section 19.04.015 Auction " Auction" means the auctioning and sale of merchandise and equipment to the highest bidder, but excluding auction rooms and livestock auctioning. " SECTION IV: That Section 19.46.040 of the Chula Vista Municipal Code is amended to read as follows: " 19.46.040 Conditional uses. Conditional uses in an I district include: A. Motels; B. Restaurants; C. Service stations, subject to the provisions of Sections 19.58.280; D. The retail sale of such bulky items as furniture, carpets and other similar items; E. Retail distribution centers and manufacturers' outlets which require extensive floor areas for the storage and display of merchandise, and the high-volume, warehouse-type sale of goods and, retail uses which are related to, and supportive of existing, on-site retail distribution centers or manufacturers' outlets. Conditional use permit applications for the establishment of retail commercial F:\HOME\PLANNING\MARTIN\AUCTION\9301CC .ORD ;2 Lj-r Ordinance No. Page 3 uses, covered by the provisions of this subsection, shall be considered by the city council subsequent to its receipt of recommendations thereon from the planning commission; F. The following uses covered by this subsection, shall be considered by the city council subsequent to its receipt of recommendations thereon from the planning commission: 1. Brewing or distilling of liquor, or perfume manufacture, 2. Meat packing, 3. Large scale bleaching, cleaning and dyeing establishments, 4. Railroad yards and freight stations, 5. Forges and foundries, 6. Automobile salvage and wrecking operations, and industrial metal and waste rag, glass or paper salvage operations; provided, that all operations are conducted within a solid screen not less than eight feet high, and that materials stored are not piled higher than said screen; G. Any other use which is determined by the commission to be of the same general character as the above uses; H. Unclassified uses, as provided in Chapter 19.54. I. Roof-mounted satellite dishes subject to the standards set forth m Section 19.30.040. J. Recycling collection centers, subject to the provisions of Section 19.58.340. K. Hazardous waste facilities, subject to the provisions of Section 19.58.178 L. Auctions of vehicles. heavy machinery and eauipment. subiect to the provisions of Section 19.58.055. and onlv where the "P" Precise Plan modifier has been applied to the I - General Industrial zone." F:\HOME\PLANNING\MARTIN\AUCTION\9301 CC .ORD ~ 1/-' / Ordinance No. Page 4 SECTION V: That Section 19.58.055 is added to the Chula Vista Municipal Code to read as follows: "19.58.055 Auctions of vehicles, heavy machinery and equipment: A. Subject use shall only be allowed by the issuance of a conditional use permit by the Planning Commission in the I-P (General Industrial-Precise Plan) Zone. B. The applicant shall list specific items proposed to be auctioned. Said items shall meet the categories "vehicle, heavy machinery and equipment." The conditional use permit, if issued, shall clearly specify the types of items authorized for auctioning as determined by the issuing authority (the Planning Commission, or City Council if appealed). C. Auctions shall be limited to one per week with a minimum of one week between auctions. D. Auctions shall only be held between the hours of 8:00 a.m. and 5:00 p.m. E. All areas shall be properly paved, striped and improved to City standards, and screened to the satisfaction of the City Engineer and the Director of Planning. F. Outdoor loudspeakers shall be prohibited unless a noise study conducted by a certified acoustician determines that the proposal can meet the City's noise standards. G. The on-site repair or dismantling of automobiles or equipment by purchasers is prohibited. " SECTION VI: That Section 19.58.070 of the Chula Vista Municipal Code is amended to read as follows: "19.58.070 Automobile sales facilities. Automobile sales facilities, new and used, shall provide customer off-street parking equal to one-tenth of the car storage capacity of the facility, with ingress and egress designed to minimize traffic congestion, and shall provide a six-foot high masonry wall separating the entire area from abutting residential property. except as Drovided under Section 19.58.055 for auctions. Said wall may be replaced with a fence subject to department approval. " F:\HOME\PLANNING\MARTIN\AUCTION\9301 cC.ORD ). V~/O Ordinance No. Page 5 SECTION VII: That Section 19.62.050 of the Chula Vista Municipal Code is amended to read as follows: "19.62.050 Number of spaces required for designated uses. NOTE: In the case of any building, structure or premises, the use of which is not specifically mentioned herein, or in the opinion of the approving authority is not similar to any use found herein. the approving authority may. apply a ratio based on a similar existing; use not found herein. the provisions for a 1:1se of/hich is mentioned aOO to which said l:lse is similar, ill the opinion of the commission, shall apply. In computing parking requirements, a resultant fractional space of one-half shall count as a full space. The number of off-street parking spaces required shall be as set forth in the following: Businesses or use and number of spaces required 1. Automobile or maemaery sales aDd serviee garages (See Section 19.58.070): 1 for each 400 sq. ft. of floor area; 1.. Auctions (See Sections 19.04.15 and 19.58.055): At the time of application for a conditional use permit. applicant shall submit parking information justifying the amount of parking proposed to be provided and the parking ratio. The information must consist of data upon which the approving authority can reasonably base a determination of adequacy. such as expected patronage or a comparison with the patronage of similar uses. Said parking ratio shall range from 1 space for each 50 square feet of net usable lot area to 1 space for each 4.000 square feet of net usable lot area: NOTE: For pur:poses of this sub section. "net usable lot area" means the area of the parcel exclusive of setbacks. slopes. easements. required right-of-way dedication or other constraints which would preclude use of the land. If complaints are filed with the City regarding; impacts related to off-site parking. the project shall be modified to add additional parking for employees and customers. and/or by reducing the auction and/or storage area. subject to the review and approval of the Director of Plannine and City Engineer. Failure to resolve such off-site public parking; problems by the owner of the propertY constitutes grounds for revocation of the conditional use permit. F:\HOME\PLANNING\MARTIN\AUCTION\9301 cC.ORD ;2 tj ,; /1 Ordinance No. Page 6 2. Automobile sales facilities. new or used. (See Section 19.58.070): 1 for each 400 sq. ft. of gross floor area. or 1/10 of the maximum car storage capacity. whichever is greater: l:. Automobile repair and service garages: 1 for each 400 sq. ft. of floor area: ~. Banks and savings and loans: 1 for each 200 sq. ft. of floor area; minimum of 5; 3J.. Bowling alleys: 5 for each alley; 42. Business and professional offices: 1 for each 300 sq. ft. of gross floor area; minimum of 4; ~1. Car wash (coin-operated) self-service, or attendant-operated: 3 for each stall, plus 1 for each employee; 6~. Children's homes: 1 for each 4 beds plus 1 for each employee; =12. Churches and private schools: 1 for each 3.5 seats in an auditorium or 1 for each 17 classroom seats; whichever is greater; 810. Dance halls and assembly halls without fixed seats, exhibition halls, except church assembly rooms in conjunction with auditorium, nonprofit clubs and lodges: 1 for each 50 sq. ft. of floor area used for assembly or dancing; 911. Dwellings, single-family, duplex: 2 for each family or dwelling unit, both spaces shall be in a garage with a minimum area of 400 sq. ft. (See Chapter 19.22 for remodeling of garages.) ; . W12. Dwellings, townhouses: 2 for each dwelling unit; both spaces shall be in a garage or carport, a minimum area of 400 sq. ft.; F:\HOME\PLANNING\MARTlN\AUCTION\9301 CC .ORD J ~/-/2- Ordinance No. Page 7 H13. Dwellings, multiple: 1-1/2 per unit for each studio or I-bedroom apartment; 2 per unit for each 2-bedroom apartment; 2 per unit for each 3-bedroom or larger apartment; * For every 10 parking spaces required, 1 of this total may be a "compact" space; NOTE: No parking space shall be located within twenty feet of any curb return of intersection streets; or eight feet of any side property line, unless approved by the city traffic engineer. H 14. Funeral homes, mortuaries: 1 for each 4 seats of the aggregate number of seats provided in all assembly rooms of the mortuary; -815. Furniture and appliance stores; household equipment or furniture repair shop: 1 for each 600 sq. ft. of floor area; -1416. Hospitals: 1-112 for each bed; H 17. Nursing homes and convalescent hospitals and homes for aged: 1 for each three beds; M18. Houseboats: See dwellings, subsection 9 above; -1119. Hotels, motels, motor hotels: 1 space for each living or sleeping unit, plus 1 space for every 25 rooms or portion thereof to be provided on the same lot as use; 20. Machinery sales and service garages: 1 for each 400 sq. ft. of floor area: -1-821. Manufacturing plants, research or testing laboratories, bottling plants: 1 for each 1-112 persons employed at anyone time in the normal operation of the plant or 1 for each 800 sq. ft., whichever is greater; -1-922. Medical and dental clinics or offices: 1 for each 200 sq. ft. of gross floor area; minimum of 5; F:\HOME\PLANNING\MARTIN\AUCTlON\930ICC.ORD d-vj//3 Ordinance No. Page 8 ~23. Mobilehome parks: 2 spaces on each pad, 1/3 guest space per mobilehome located within 400 feet of the farthest unit, and at the community center-l space for each 5 pads up to 50 pads and 1 space for each 10 pads thereafter; ~24. Restaurants, bars and night clubs: 1 for each 2-1/2 permanent seats, excluding any dance floor or assembly area without fIxed seats which shall be calculated separately as one space per 50 sq. ft. of floor area; ~25. Restaurants - Drive-in, take-out, snack stands: 15 spaces (minimum); ~26. Retail stores, shops, etc., except as provided for furniture stores, in 13 above: 1 for each 200 sq. ft. of floor space; ~27. Rooming and lodging houses: 1 for each bedroom; ~28. Schools: Elementary - 1 per teacher or employee, plus 5 spaces, Jr. High - 1 per teacher or employee, plus 5 spaces, High - 1 per 4 students; ~29. Sports arenas, auditoriums, theaters, assembly halls and meeting rooms: 1 for each 3-1/2 seats of maximum seating capacity; ~30. Wholesale establishments, warehouses, service and maintenance centers, communication equipment buildings: 1 for each 1-1/2 persons employed at one time in the normal operation of the establishment, or 1 for each 1,000 sq. ft., whichever is greater." fThe following wording has been moved to the opening of 19.62.050 and amended as shown: "In eemputiBg parking reE}1:lireIBeBts, a fesulttmt fraetione1 Sf)8ee of eRe half shall eO\fllt as a full Sf)fte6. F:\HOME\PLANNING\MARTIN\AUCTION\9301CC.ORD 02'1 ~/i Ordinance No. Page 9 NOTE: In the ease of any Buildiag, strncture or premises, the use of which is oot specifically mentioned herein, the provisioB5 f-or a use '.vhich is mentioned and to which said 1:lse is similar, m the opinion of the commissien, shall apply. "] SECTION VIII: This Ordinance shall take effect and be in full force and effect on the thirtieth day from and after its adoption. ~~~'L /'" Presented by Robert A. Leiter Director of Planning Bruce M. Boogaard City Attorney F:\HOME\PLANNING\MARTIN\AUCTION\9301CC.ORD /' ) L/ / /~ COUNCIL AGENDA STATEMENT Item ,(~ Meeting Date 12/14/93 ITEM TITLE: Resolution 17319 authorizing issuance of bonds in an aggregate principal amount not to exceed $18,000,000 to refinance the outstanding obligations of the City to the California Public Employees Retirement System (PERS) SUBMITTED BY: Assistant City Manager~.{'\' i Director of Finance ~~1 . .P" REVIEWED BY: City Manager (4/sths Vote: Yes___ No~) This item was previously submitted to Council on November 23, 1993 and was continued to tonight's meeting. Attached is a copy of the original agenda statement and a memo which was in response to questions raised by City Council with regard to this item. ~ ~ :ff1'1 Crl- /f;f93 t:: ~ a~. ;sr~ w d~ -- / November 23, 1993 TO: The Honorable Mayor and City Council VIA: John D. Goss, City Manager FROM: Sid W. Morris, Assistant City Manager SUBJECT: Response to City Council Questions Regarding How PERS' Practice of Charging the City for Unfunded Liabilities Got Started There are two ways in which the City develops an unfunded liability with PERS: 1) To cover the cost of an employee's retirement for the period of employment with the City prior to joining PERS or prior to the adoption of a new PERS benefit. 2) To cover any deficit created during the year if actual experience differs from the actuarial cost estimates (e.g., PERS rate of return on investments is lower than anticipated, City salaries rise faster than estimated). The City joined PERS in 1948. Since that time there have been numerous enhancements to PERS services, both elected and mandatory. Each time one of these benefits is adopted, an unfunded liability arises to cover the costs of providing that benefit to the current employees and former employees with PERS balances for their period of employment with the City during which the benefit was not paid for. Rather than charge the City for the entire cost of this unfunded liability at the time the service enhancement is given, PERS finances the City's unfunded liability over a number of years and blends the financing costs into the annual PERS rate. Examples of service enhancements include: public safety personnel receiving 2% at 50 and POST retirement survivor's allowance benefits in 1984, and public safety and miscellaneous personnel receiving single highest year compensation benefits in 1990 and 1991, respectively. The unfunded portion of costs of these benefits (for existing employees' years of employment prior to benefit adoption) are paid by the City over a period of years through the year 2011. Spreading the payments over a period of time minimizes fluctuations in the PERS rate. Unfunded liabilities can also occur as a matter of course in any year where the PERS rate paid by the city is not sufficient to cover the City's actual PERS costs. PERS rates are set each year based on actuarial assumptions, which are based on projected rates of returns, projected number and salaries of employees and expected benefit levels. After the year is completed PERS compares the c23~02 actual costs for the City with the amount collected based on the actuarial estimate. If the City paid more in than necessary, the City gets rate offsets to reduce the rate in the current and/or subsequent two years. If the City did not pay enough in a given year an unfunded liability occurs which is again spread through the year 2011. If the City does payoff the unfunded liability, that portion of the PERS rate being paid for previous year's unpaid services will be erased and the PERS rate will go down. Unfunded liabilities will occur during the future if estimated payments do not meet actual experience or if new programs are added electi vely or mandatorily. .2..5~J COUNCIL AGENDA STATEMENT Item No. ;2~ ITEM TITLE Meeting Date 12/14/93 Resolution /73 Yl Modification to First Implementation Agreement for Rancho del Rey Commercial Center on East "H" Street Deputy City Manager KremPl~\L! Pub 1 ic Works qirector 9J!~\ City Managet~G nt1. 4/5 Vote: Yes No X SUBMITTED BY REVIEWED BY The purpose of this item is to clarify certain provisions of the Agreement for Rancho del Rey as to the phasing of public improvements on East "H" Street. The change is necessitated by the recent listing of the California Gnatcatcher as a "Threatened Species" by U.S. Fish and Wildlife. As a result, certain improvements will be delayed with an outside worst case scenario that some improvements could be precluded. Our strategy is to minimize any delay and address as best we ~an the scenario of improvements being precluded. RECOMMENDA TI ON Approve the First Implementation Agreement allowing for a revised phasing schedule of public street improvements on East "H" Street. BOARDS/COMMISSIONS RECOMMENDATION: N.A. DISCUSSION 1. Historv and Status of Public Improvements Last year the City approved certain agreements to allow for the development of a Home Depot, Price Club and K-Mart on property within the Rancho del Rey Commercial Center on East "H" Street. One of the agreements established phasing requirements for the development predicated on the installation of certain improvements on East "H" Street. One requirement was that public improvements on "H" Street at Paseo del Rey must be completed prior to the occupancy of Home Depot. A second requirement was that improvements on "H" Street at Avila Way and Tierra del Rey and on Avila Way must be completed prior to occupancy by either Price Club or K-Mart (see Exhibit A). Home Depot and Price Club are under construction and occupancy is anticipated in mid-January, 1994. K-Mart's construction and occupancy schedule is anticipated for starting in February, 1994 and opening in the Summer. ;tjp - / The north side improvements on "H" Street are not an issue and are completed, underway, or will be completed prior to any occupancies by tenants on-site. The south side improvements on "H" Street, however, contain some coastal sage vegetation which is critical habitat for the California Gnatcatcher. Prior to construction of the south side improvements, a "IDA Permit" must be issued by U.S. Fish and Wildlife Service (USFWS). In August, 1993, McMillin filed a IDA permit application. Local service input has so far been positive on the prospect of a IDA permit being granted. The local Carlsbad office has recommended its approval. The decision, however, is made by the regional office in Portland, Oregon, where it is currently under review. A decision is expected sometime in January, 1994. In addition, a 4d ruling is anticipated soon as to the guidelines to be exercised at a local level for take of a certain percentage of gnatcatcher habitat. These guidelines and their implementation could allow for the habitat to be "taken" in the context of an overall 5% habitat "take" allowance, thus eliminating the need for a IDA permit once such an overall program is developed. 2. Alternative Strateqy A. If USFWS approves the IDA permit, then the complete road improvements can be accomplished albeit in different time frames. The north side of "H" Street construction (Alternative B/Increment I) can proceed immediately. The south side improvements would be delayed so as to not interfere with the gnatcatcher mating season (February-July) and thus would begin in August, 1994. Traffic capacity and flow would not be affected by this phasing scenario. B. If USFWS denies the lOA permit, a number of strategies would be pursued. Staff has developed an alternate strategy which includes a retaining wall concept which reduces the amount of grading required and might be an acceptable alternative to USFWS. The retaining wall cost is included in the project cost estimates and can be exercised at the option of the City. Second, the opportunity to provide off-site mitigation could be a factor in the IDA permit decision making. It is anticipated that when RDR SPA III is fully developed, the habitat will be removed in any event and an off-site mitigation provided. Third, the Natural Communities Conservation Program (NCCP) or the Multiple Species program of the Clean Water Program (MSCP) could provide a long-range program which would result in a "take" situation in non-critical areas being less of an issue. Fourth, the 4d guidelines referenced earlier could allow us to proceed. As to traffic impact during the interim, staff had a traffic study conducted which indicated a 5-year time horizon within which adequate capacity will exist on East "H" Street with only the interim improvements. This is based on the assumption of a build-out of the Rancho del Rey Commercial Center and an increase of background traffic of 5% per annum on top of existing traffic. Staff is hopeful that the incidental "take" question in this instance can be satisfactorily resolved in the immediate future and certainly within 5 years. If not, then at that time we would have to address a threshold issue and either curtailing development or accelerating the construction of the Interim SR-125 facility. The above, ~" -A however, while conceivable, does not appear to be a likely scenario. It is a risk though that cannot be 100% removed either. In conclusion, staff recommends the approval of the resolution so as to allow the occupancy of Home Depot and Price Club next month and is optimistic that either a lOA permit will be issued or resolution of the issue through other means can be achieved. FISCAL IMPACT McMillin is responsible for the added cost of rephasing and completing the improvements, as well as complying with any conditions/mitigation costs associated with a lOA permit. If occupancy of Home Depot or Price Club is delayed, there would be an unknown but significant loss of revenue to the City as well as the retailers. GK:mab .2{,,:3 ~ n 0 ~ s:: tr:j ~. h. n~ ~~ ~ ~ ........> t:::~ >z h.~ ~~ g ::I: t'"""'4n ~...... . i ,::I: "'< D:I too 6 I C .... Ul lflt::' -- ~~ ! . ~ ........t%j ""'~ Z~ ~........ -- '"~ ~ --I t:r:j h.~ <:~ UJ:::o ~ (j)~ \ n~ tr:j Z ~ t%j ~ ')'/'~r /.:<6-6 RESOLUTION NO. /7:Jil RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MODIFICATION TO FIRST IMPLEMENTATION AGREEMENT FOR RANCHO DEL REY COMMERCIAL CENTER ON EAST "H" STREET WHEREAS, it is necessary to modify the First Implementation Agreement for Rancho del Rey as to the phasing of public improvements on East "H" Street; and WHEREAS, the change is necessitated by the recent listing of the California Gnatcatcher as a "Threatened Species" by U. S. Fish and wildlife. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby approve the modification to First Implementation Agreement for Rancho Del Rey Commercial Center on East "H" Street, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the Cl.'~//f Chulai/ista. Presented by APP~ved as ~t form by ;' Jl~, t City Bruce M. Attorney C:\rs\RDRlst.imp .;t,-? /.26-8 RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, California 91910 Attn: George Kremp1 (Space Above for Recorder's Use) FIRST IMPLEMENTATION AGREEMENT (DEVELOP.MENT AGREE1\fENT - RANCHO DEL REV COMMERCIAL CENTER) THIS FIRST IMPLEMENTATION AGREEMENT (the "Implementation Agreement") is entered into on , 1993 by and among RANCHO DEL REY PARTNERSHIP, a California general partnership (the "Partnership"), RDR BUSINESS CENTER, LTD., a California limited partnership (the "Business Center"), HOME DEPOT U.S.A., INC., a Delaware corporation ("Home Depot"), KMART CORPORATION, a Michigan corporation ("Kmart") and the CITY OF CHULA VISTA, a municipal corporation having charter powers ("City"), with reference to the recitals set forth below. The Partnership and the Business Center are collectively referred to herein as the "Developer." Home Depot and Kmart may be collectively referred to herein as the "Successors". RECITALS A. On November 30, 1992 Developer owned certain real property (the "Property") within the City comprised of approximately 60.5 acres and generally located approximately 1.5 miles east of Interstate 805, 1 mile west of Otay Lakes Road, and bounded on the north by Rice Canyon and on the south by East H. Street. The Property is generally shown on the "Map of the Property" attached hereto and incorporated herein as Attachment No.1 and is described for identification purposes only in the "Description of the Property" attached hereto and incorporated herein as Attachment No.2. For purposes of this Implementation Agreement the Property may also be referred to as the Rancho del Rey Commercial Center. B. On November 30, 1992, by Ordinance No. 2535, the City approved and entered into that certain Development Agreement Rancho del Rey Commercial Center (the "Development Agreement") in order to provide for the development of a 45 acre portion of the Property (the "Development Agreement Property"). The Development Agreement was recorded in the Recorder's Office of the County of San Diego on , 199_, as Document No. 113093/16597.5 -1- ..2t..? C. All "Conditions to Effectiveness" of the Development Agreement have been complied with and the Development Agreement is in full force and effect. D. All capitalized terms used herein and not otherwise defined shall have the same meanings as set forth in the Development Agreement. E. Subsequent to the approval of the Development Agreement, Developer conveyed a portion of the Development Agreement Property to Home Depot and a portion of the Development Agreement Property to Kmart. F. Section 6.1 of the Development Agreement sets forth certain obligations of the Developer and establishes phasing requirements for the private development of the entire Property based upon the construction or installation of certain public street improvements as follows: "[A]. The public improvements on H Street at Paseo del Rey and on Paseo del Rey must be completed prior to the occupancy of 'Major A' on the west end of the Property." "[B]. Improvements on H Street at Avila Way and Tierra del Rey and on A vila Way must be completed prior to occupancy by either 'Major B' or 'Major C.' If both Majors B and C precede Major A, the street improvements required by Major A must be completed prior to occupancy by the second-east-end anchor (Major B or C). " G. Section 13.6 of the Development Agreement provides that minor technical changes, corrections, extensions of time not to exceed a cumulative total of 180 days, and clarifications which do not substantively change the terms of the Development Agreement may be made by a writing executed by the Developer and City Manager, or his designee, upon the approval of the City Attorney. H. On January 19, 1993, by Resolution No. , the City approved and entered into that certain Public Facilities Financing and Implementation Agreement (the "Facilities Financing Agreement") by and among the Developer, the City and The Price Company ("Price") for the purpose of, inter alia, (i) providing for the construction of a Price Club facility (the "Price Club") on a 15.5 acre portion of the Property (the "Price Club Parcel") and (ii) financing the construction and installation of certain public improvements, including those benefitting the entire property referred to in Section 6.1 of the Development Agreement. I. For purposes of this Implementation Agreement, Major A shall refer to Home Depot; Major B shall refer to Kmart; and Major C shall refer to the Price Club. J. Pursuant to the Facilities Financing Agreement the City agreed to acquire from Developer certain street improvements (the "Specified Street Improvements") as set forth in the 113093/16597.5 -2- cJt -/~ "List of Specified Street Improvements" attached hereto and incorporated herein by this reference as Attachment No.3. K. The Specified Street Improvements include those improvements which are required to be completed in accordance with Section 6.1 of the Development Agreement. L. Development of the Property has been the subject of the following environmental documents: (i) EIR-87-1 was prepared for the development of property including the Property and certified by the City of Chula Vista City Council on December 15, 1987 by Resolution No. 13388; (ii) An Addendum to EIR-87-1 was prepared and certified on December 15, 1987; and, (iii) A Supplemental EIR was prepared for the Rancho del Rey Commercial Center (EIR-92-02) which analyzed the environmental effect of certain modifications to the land use entitlements applicable to the Property as well as the Development Agreement and the Facilities Financing Agreement. M. Pursuant to the provisions of the Facilities Financing Agreement the City agreed to pay to Developer $835,000 as the Purchase Price for the Specified Street Improvements. As of the date of this Implementation Agreement City has not disbursed to Developer any of the Purchase Price for the Specified Street Improvements. N. Subsequent to the approval of the Development Agreement and the Facilities Financing Agreement the following occurred: (i) The California Gnatcatcher was listed as a "Threatened Species" pursuant to the provisions of the Endangered Species Act (16 U.S.C.A. ~~ 1531, et seq.); (ii) A portion of the real property necessary to complete certain of the Specified Street Improvements on the south side of "H" Street (the "South Side Improvements") as set forth in the List of South Side Improvements attached hereto and incorporated herein by this reference as Attachment No.4, was determined to contain "Coastal Sage Vegetation", a critical habitat for the California Gnatcatcher; (iii) As a result of the existence of Gnatcatcher Habitat on property required for the South Side Improvements, completion of the South Side Improvements requires a permit (the" lOA Permit") from the United States Fish and Wildlife Service (the "USFWS"); (iv) being processed; Owner has submitted an application for a lOA Permit which is currently 113093 I 16597.5 -3- c2t, '1/ (v) A mitigated negative declaration relative to the issue of the Gnatcatcher Habitat has been prepared to supplement the prior environmental impact reports certified for the completion of the development of the Property; (vi) A traffic study which evaluated alternatives to the phasing of the Specified Street Improvements (referred to as Alternate A and Alternate B in the letter referred to below and attached hereto as Attachment No.5) was completed bya consultant to City on approximately August 31, 1993 (the "JRK Traffic Study"). The JHK Traffic Study concluded that Developer's completion of the Alternate B/Increment I improvements, as described in Attachment No.5, would provide adequate traffic capacity to accommodate complete development of the Property for a period of five (5) years from September, 1993; (vii) Developer has determined that, while it will be unable to complete Alternate A within the construction time restraints mandated by the USFWS, it will be able to complete the Alternate B/Increment I improvements within those restraints, with the South Side Improvements (referred to in Attachment No.5, and hereinafter, as the "Alternate B/Increment II improvements") to follow. Therefore, the Specified Street Improvements shall be completed as provided in Alternate B; (viii) The cost of the Alternate B/Increment II improvements, with the retaining wall, has been estimated by Developer's contractor to be $580,202.39 in 1993. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Purpose of this Implementation Agreement. Based upon the new information which has become available since the approval of the Development Agreement and the Facilities Financing Agreement the parties hereto desire to (i) modify and clarify the provisions of Section 6.1 of the Development Agreement to clarify the required timing of the construction of the Specified Street Improvements relative to the build out of the private improvements on the entire Property and, (ii) clarify the provisions of the Facilities Financing Agreement regarding the manner in which the completion of the Specified Street Improvements will be secured and paid for. 2. Modification of Section 6.1 of the Development Agreement. In order to clarify the timing of construction of the Specified Street Improvements, Section 6.1 of the Development Agreement shall be modified to read as follows: "6.1 Responsibilities of Developer. a. The public improvements on East "H" Street north of the median (the "Phase I Improvements") must be completed prior to occupancy of any of Majors A, B, or C. 113093 I 16597.5 -4- 02 t, -;.:L b. 1b.e median improvements on East liB" Street at Avila Way must be completed. prior to occupancy of Major B and the remainder of the Business Ccmcr. c. Improvements at the southwestern quadrant of Paseo del Rey aDd East "H" Str=t must be completed prior to the occupancy of Major B and the remAinder of the Business Center. d. Improvements on Pueo del Rey north of East "B" Str8Bt must be completed prior to ~ occupancy of Major A. e. Improvements on Tierra del Rey north of:nut "B" Street muat be completed prior to the occupancy of Major C. f. Provided that the Alternate BIIncrement I improvements (as defined below) are completed by Developer, the Alternate B/Iacrement n improvements (as defined below) need not be completed prior to the occupm:y of any of Majors A. B or C or the remainder of the Business Center. The Alternate B1Increment II improvements must be completed within eighteen months of the receipt by Developer or' any successor to Develcp:r of a lOA or other peImit authorizing constru.ction of the same aDd in no event later than April 1, 1998. g. The Alternate BlIncrement I and Alternate BlIncmnent U improvemcDb are those improvements described in Attachment No. S to the First Implementation Agreement (Development Agreemeru - Rao;ho del Rey Commercial CeD1cr). II "Developer shall continue to diligently pursue a lOA or other appropriate permit to complete the Alternate BlIncrement n improvements and shall provide City with quarterly written repoIt! regarding the status of the Developer' 5 efforts to obWn such permit. " liTo the extent that the existin& dedicated right-of-way is inadequate to complete the Alternate B/Increment n improvements, Developer shall dedicate a:.adIor as applicable grant City a license to enter onto Developer's property as ~ary to complete the Alternate BlIncrement n improvements. II "For purposes of this Development Aireement "Major A" refers to Home Depot, "Major BOO refers to Kmart and, "Major e" refers to Price Club. At least ODe Major Retailer must be constructed and open for business prior to the occupancy of either of the two pads fronting on "H" Street." 3. Clarification ReeardiQi DilWDsition of the Purchase Price for the ~ Street Iuwrovements. Notwithstanding any provision of the Dovelopment Agrccmcnt or the Facilities Financing Agreement to the contrary I City and Developer hereby qrec that except u provided below. disburJemem of the Purchase Price for the Specified Street Improvements shall be in the manner set forth in the November 24, 1993 letter to Clifford L. Swanson from 1bom Fuller (the "Letterll) attached hereto and incoIporatcd herein IS Att:a.chment No.~. It is understood that the obligations of the "Owner" under the Letter shall be the obligations of the Developer. 113093 Il6597.6 -5- e2t'IJ The provisions in the Letter Cor disbursement of funds shall be modif1ed as follows: A. In the event that Developer bas not ~omplotec1 b Altwmate BIID:rwm8nt n improv~$ on or before the earlier to occur of eighteen months after receipt by Developer of all permits DCCeSSaIy to authorize the construction of the Alternate B/lm;rancnt U improvements or April 1, 1998, Developer shall forfeit any and all rigbl to such portion (the "Increment n Socurity") of the "Security Deposit" (as deflDCd in the Letter) which is allocable to the Alternate B/lDcrcmcnt n improvements (currently $580,202.39. as provided in Recital L, above) and City is authorized (with the full cooperation of Developer) to expend all or any portion of such fumIs to pay any and all costs related to the comtruction of the Altema1e BlIocren1el1t n improvements including the costs to obtain from other &ovcrnme.otAl ~ lily ncc::cssary pcnn.its for construction of the Altemate BlID;remcm II improvcmcDts. B. In the event that, following Developer's failun: to complen: the Altcmate B/lncrement n hnprovemems on or before the date provided above. the City elects to construct the Alternate BlIncremeDt n improvements and City's cost to complete the. Alternate BJIncremc:nt n improvements, illCluding pennit costs, exceeds the Increment U Securi~, Developer sball relmburse City for all additional COBt&. In the event that City completes the Alternate B/lncrement II improvements for less than the Increment n Security the IeITVlinMr of the Increment n Security shall be retained by City as damages for Developer's failure to complete the COOStnlctiOD of the Alternate Bl1ncrcmcnt n improvements. 4. Effect of Agreement: Counterparts. Except u expressly provided herein, the terms and provisions of the Development Agreement and the Facilities Financing Agreement remain in full force and effect as originally written. In the event of a conflict between the provisions of paIaiflph 1 of thi8 Agreemem and the Development Agreement or the FacUlties Agreement, the provisions of this Implementation Agreement shall control. In the event of a conflict between the provisions of AttJlcbment No. 5 of this Agreement am llIl)' other provision of this Agreement, such other provision of this Agreement shall control. This Agretment may be executed in countelparts. IN WITN.ESS WHEREOF, the parties hereto have entered into this Implementation Agreement as of the day and year first above written. "CITY" CITY OF CHULA VISTA. a lJIUIlicipaJ corporation By: Name: Title: 11309'J 11"9'7.6 -6- rJt ~)1 APPROVED AS TO CONTENT: Chris Salomone Executive Director Community Development Department 113093 I 16597.5 "DEVELOPER" RANCHO DEL REY PARTNERSHIP, a California general partnership By: McMILLIN COMMUNITIES, INC., a California corporation, General Partner By: Name: Title: By: ~rq-I)jJ->>A- Name: Thorn Fu//~r Title: V P By: McMILLIN ACQUISITION CORPORATION, a California corporation, General Part er -7- By: Name: &ItA M Title: ~~e: ~3J:~a.tJ- Title: V P ;u. ~/j'/ :;,~ --21 JOB NO. 192-035.5 REVISED: 11-19-92 LEGAL DESCRIPTION OF A PORTION OF TRACT ~O. 88-2 AND TRACT NO. 88-1 THAT PORTION OF CHUtA VISTA TRACT NO. 88-2, RANCHO DEL REY BUSINESS CENTER, IN THE CITY OF CHULA. VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO ~p THEREOF NO. 12267, FILED AS FItE NO. 88-611737 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVE.t.t.BER 30, 1988, AND !HAT PORTION OF CHULA VISTA TRACT NO. 88-1, RANCHO DEL REY PHASE 5, UNIT NO.' .2, IN THE CITY OF CHOU VISTA, . ..... .'. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12502, FIt!O AS FILE NO. 89-619507 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEKBER 15, 1989, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOU'I'1iilEST CORNER OF LOT 4 OF SAID MAP NO. 12267; THENCE ALONG THE SOUTHERLY BOUNDARY OF LOT 2 OF SAID MAP NO. 12267, NORTH 82-16'50. WEST, 186.50 FEET TO THE BEGINNING OF A TANGENT 1457.5 FOOT RADIUS CURVE. CONCAVE NORTHERLY; THENCE CON'I'INUINC WESTERLY ALONG THE SOU'I'HERLY BOUNDARY OF SAID LOT 2 ANt) ALONG THE ARC OF SAID 1457.5 FOOT RADIUS CTJR.VE THROUGH A CENTRAL ANGU: OF 12-06' 05" A DISTANCE OF 307.84 FEET TO THE SOUTmTEST CORNER. OF SAID LOT 2, SAID CORNER ALSO BEING THE SOlnHEAST CORNER OF LOT 1 OF SAID MAP NO. 12267, SAID CORNER ALSO BEING THE BEGINNING OF A COMPOUND 1907.5 FOOT RADIUS CURVE. CONCAVE NORTHEASTULY; A RADIAL TO SAID POINT BEARS SOU'I'H 19-49'15. tlEST; THENCE CONTINUING NORnNES!ERLY ALONG THE SOlJ"I'HERLY BOUNDARY OF SAID L01' 1 ANt) ALONG niE ARC OF SAID 1907.5 FOOT RADIUS CURVE THROUCl{. .~..CEN'TR.AL ANGLE OF 8-31' 59. A . . - . DISTANCE OF 284.08 FEET; THENCE CONTINUING ALONG THE SOlnHERLY BOUNDARY OF SAID LOT 1 AND !ANGEKT TO SAID 1907.5 FOOT RADIUS CURVE, NORTH 61-38'46. WEST, 153.79 FEET; THENCE CON'I'INtJING ALONG THE SOtJ'I'HER.I.Y BOUNDARY OF SAID LOT 1 NORTH 55- 53' 02" WEST. 579.53 FEET; THENCE ALONG THE NCRTHWEST BOUNDARY OF SAID LOT 1 NORTH 25 - 31' 30. EAST, 113.80 FEET; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID LOT 1 SOUTH 83- 02 · 20. EAST, 381. 77 FEE!; THENCE CONTINUING ALONG THE NOR.THER.LY BOUNDARY OF SAID LOT 1 NORTH 77.07'16" UST, 296.11 FEET; THENCE CONTINUING ALONC THE NORTHERLY BOUNDARY OF SAID LOT 1 SOUTH 77-35'45" US!, 30.68 FEET; THENCE CONTINUING ALONG THE NORTHERLY BOUNDARY OF SAID LOT 1 SOU"I'H 56-48'54" EAST, ATTACHMENT NO.2 PAGE 1 /' .2 t .,.-4> 374.47 F!E'l'; THENCE DEPARTING 7HE ~iOR!HERl.Y BOUNDARY OF SAID toT 1 SOtmi 56048'54" EAST, 25.03 FE!'!'; THENCE ~10RTH 65042'33" EAST. 323.32 FEET TO THE NORTHERLY BOUNDARY OF toT 3 OF SAID MAP NO. 12267; THENCE CONTINUING ALONG THE NORTHERLY BOUNDARY OF SAID toT J SOUTH 67 '19 I 52" ::AST, 3.25 FEn TO THE NORTHEAST CORNER OF SAID LOT 3, SAID POINT ALSO BEING THE NORrHiJEST CORNER OF toT 6 OF SAID MAP NO. 12267; THENCE ALONG THE NORTHERl.Y BOUNDARY OF SAID toT 6 NORnI 79.06' 30. EAST, 104.79 FEET; THENCE CONTINUING ALONG THE NORTHERLY BOUNDARY OF SAID LOT 6, NORTH 89046' 00" EAST, 122.80 FEET; THENCE CONTINUING ALONG THE NORniERLY BOUNDARY OF SAID LOT 6 SOU"!'H 80.16'06" EAST. 198.31 FEET; THENCE CON'l'INUING ALONG niE NORTHERLY BOUNDARY OF SAID toT 6 SOUTH 21037'56. EAST, 74.32 FEET TO A PaIN'l' ON THE lJESTERLY RIGHT-OF-~AY LINE OF PASEO OEL REY AS SHOW ON SAID MAP NO. 12267, SAID POINT ALSO BEING ON niE ARC OF A NONTANGENT 236 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 21.37'56. ~EST; THENCE EASTERLY ALONG SAID RIGHT-oF-~AY LINE AND SAID CURVE THROUGH A CENTRAl. ANGLE OF 20.02' 56. A DISTANCE OF 82.58 FEET; THENCE CONTINUING ALONG SAID RIGHT-oF-YAY LINE AND TANGENT TO SAID 236 FOOT RADIUS CURVE NORni 88.2S'OO. EAST, 223.92 FEET TO THE BEGINNING OF A TANGENT 164 FOOT RADIUS CURVE CONCAVE NORniERLY; niENCE CONTINUING EASTERLY ALONG SAID RIGHT-OF-~AY LINE AND SAID 164 FOOT RADIUS CURVE 1'HR.Ot1CH A CEN'I'RAL ANGLE OF 14.00'00. A DISTANCE OF "0-.07. nW='niENCE CONTINUING ALONG SAID RIGHT-OF-YAY LINE AND TANGENT TO SAID 164 FOOT RADIUS CURVE NORni 740 2S' 00. EAST, lSS . 20 FEET TO THE BEGINNING OF A TANGENT 236 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE CON'l'INUING EASTERLY AtoNG SAID RIGHT-OF-YAY ANt) SAID 236 FOOT RADIUS Ct..'RVE THROUGH A CENTRAL ANGLE OF 14"00' 00. A DISTANCE OF 57.67 FEET; ':"HENCE CON'l'INUING AtoNG SAID RIGHT-OF-~AY LINE AND TANGENT TO SAID 236 FOOT RADIUS CURVE NORTH 88.25'00. EAST, 120.00 FEET; THENCE DEPARTING SAID RIGHT-oF- ~AY LINE NORTH 88.2S'OO. EAST, 145.86 FEET; THENCE NORnI 74.04'54. EAST, 104.88 FEET; THENCE NORTH 79.22'32" EAST, 100.83 FEET; THENCE NORnI 88012'53. EAST, 139.50 FEET TO THE NORnNEST CORNER OF LOT 14 OF SAID MAP NO. 12267; THENCE CONTINUING ALONG nlE NORTHERLY BOUNDARY OF SAID toT 14, NORTH 83043'lS" EAST, 114.29 FEET; niINCE DEPARTING THE NORTHERLY BOUNDARY OF SAID toT 14 SOUTH 88010'32. EAST, 239.49 FEET; THENCE SOUTH 75'22'27. EAST, 86.74 FEET; THENCE SOUTH 0.00'00. lJEST, 354.93 FEET; THENCE NORTH 90000'00. EAST, 38.48 FEET; THENCE SOtJ"Il{ 0"00'00" YES!. 455.70 FEET; THENCE NORm 86"47'15. tJEST, 258.19 FEET; THENCE SOUTH 0.00'15" EAST, 21.33 FEE'l';THEMCE'S'oo11{ 89~59"45. TJ'EST, 21.27 FEET TO THE EASTERLY RIGHT-OF-~AY LINE OF AVIlA YAY AS SHOW ON SAID MAP NO. 12267; ATTACHllENT NO.2 PAGE 2 eJt"'.;,(, !:-{ENCE ALONG SAID RIGHT-OF-t,.;Ai' LWE SOtmi 1.20'00" EAST, 10.47 FEET TO TI-lE 3EG!~!~G OF A TANGEN'! 20 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOU'I'HEASTERLY ALONG SAID RIGHT-OF-t,.;AY LINE AND ALONG SAID CURVE THROUGH A CEN'I'RAL ~~GLE OF 8S"40'15" A DISTANCE OF 30.95 FEET TO THE NORTHERLY RIGHT-OF-~AY LINE OF EAST 'H' STREET AS SHOWN ON SAID ~~p NO. 12267; THENCE ALONG SAID RIGHT-OF-~AY LINE SOU'I'H 89.59'45" t,.;EST, 106.99 FEET; TH~~CE DEPARTING FROM SAID RIGHT-OF-YAY LINE NORTH 0"00'15" YEST, 40.06 FEET; THENCE SOUTH 89"40'12" YEST, 191.98 FEET; THENCE NORTH 86"48'33" YEST, 110.61 FEET; THENCE NORTH 69"34'31" ~EST, 19.79 FEET TO THE SOUTHEAST CORNER OF LOT 11 OF SAID MAP NO. 12267, SAID CORNER ALSO BEING ON THE EASTERLY BOUNDARY OF PARCEL 2 AS SHOW ON CI'Ii' OF C'1iU1A VISTAADJUS'I'MEN1' PLAT NO. 91-8 AND IN DEED RECORDED FEBRUARY 28, 1991 AS FILE NO. 91-0086527 IN THE OFFICE OF THE COUNTY RECORDER OF SAN D~EGO. COUNTY;. THENCE ALONG THE EASTERLY BOUNDARY OF. SAID PARCEL 2 NORTH 0.26'43" EAST, 321.61 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 2: TH~~CE ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL 2 SOUTH 82"37'37" ~EST, 274.62 FEET TO THE EASTERLY RIGHT-OF-YAY LINE OF LAZO COURT AS SHOYN ON SAID MAP NO. 12267, SAID POINT ALSO BEING THE BEGINNING OF A NON- TANGEN'! 60 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 83"13'49" EAST: THENCE YESTERLY ALONG SAID RIGHT-oF-~AY LINE AND ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL 2 ntROUGH A CENTRAL ANGLE OF 146-42 '00" A DISTANCE OF 153.62 FEET, A RADIAL TO SAID POINT BEARS SOUTH 63-28'11" WEST; THENCE DEPARTING SAID RIGH'I'-OF-~AY LINE AND ALONG THE NORTHERLY BOt1NOAR.Y OF SAID PARCEL 2, NORTH 85-00'41" YEST, 246.29 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 2; "THENCE ALONG THE YESTERLY BOUNDARY OF SAID PARCEL 2 SOUTH 4"59'19" YEST, 242.97 FEET TO THE SOUTHEAST CORNER OF LOT 8 OF SAID MAP NO. 12267; THENCE DEPARTING THE YESTERLY BOUNDARY OF SAID PARCEl. 2 AND ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 8 SOUTH 61- 31 ' 37" YEST, 56. 72 FEET: THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 8 NORTH 82 \16,/1\)" YEST., 170.00 FEET TO THE SOUTHEAST CORNER OF LOT 7 OF SAID MAP NO. 12267; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 7 NORTH 82-16'50" YEST, 124.38 FEET; THENCE CONTINUING ALONG n:E SOUTHERLY BOUNDARY OF SAID LOT 7 NORTH 40'44'46" YEST, 98.78 FEET TO THE EASTERLY RIGH'I'-oF-~AY LINE OF PASEO DEL R.EY AS SHOWN ON SAID MAP NO. 12267; THENCE NORTH 82-20'00" YEST, 46.00 FEET TO THE CENTERLINE OF SAID PASEO DEL REY; THENCE ALONG THE CENTERLINE OF PASEO DEL REi' SOUTH 7-40'00" YEST, 3.23 FEET; 'THENCE NORTH 82- 20' 00" \JEST, 46.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 4, SAID CORNER ALSO BEING ON THE ~ESTERLY RIGHT-OF-~AY LINE OF SAID PASEO DEL REi'; ATTACHMENT NO.2 PAGE 3 :lJ,;~? THENCE ALONG SAID RIGHT-OF-VAY L:NE ~~D ALONG THE EASTERLY BOUNDARY OF SAID LOT 4 NORTH 7"40'00" EAST, 167.09 FEET TO THE BEGINNING OF A TANGENT 20 FOOT RADIUS Ct.'RVE CONCAVE SOUTHiJESTERLY; THENC! NORTHERLY AND VESTERLY ALONG SAID CURVE AND ALONG THE NORTHEASTERLY BOUNDARY OF SAID LOT 4 THROUGH .. CENTRAL ANGLE OF 90"20'00", A DISTANCE OF 31.53 FEET; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID . . '. ..... J' . LOT 4 A.'iD ALONG THE SOUTHERLY RIGHT-OF-VAY LINE OF PLAZA COURT AS SHOYN ON SAID MAP NO. 12267 AND TANG~~ TO SAID ct'RVE, NORTH 82"40'00" VEST, 245.32 FEET TO THE NOR'I'H'lJEST CORNER OF SAID LOT 4; THENCE ALONG THE VESTERLY BOUNDARY OF SAID LOT 4 SOUTH 6"31'16" VEST, 247.66 FEET TO THE POINT OF BEGINNING. ATTACHMENT NO.2 PAGE 4 ..2~ ,.:t~ ATTACHMENT NO.3 LIST OF SPECIFIED STREET IMPROVEMENTS Street Improvements Cost Estimate Right Turn Lane on North Side of East "H" Street $ 235,000 80,000 \Videning of Paseo del Rey, South of East "H" Street Right Turn Lane on Paseo del Rey 120,000 Widening of East "H" Street at A vila Way 320,000 TOTAL: 80.000 $ 835,000 Traffic Signal at Tierra del Rey and East "H" Street 113093 I 16597.5 e:lt'-Zi 1. 2. 113093 I 16597.5 ATTACHMENT NO.4 LIST OF SOUTH SIDE IMPROVEMENTS Improvements at the southeastern quadrant of Paseo del Rey and East "H" Street; and Improvements on East "H" Street south of the median. e2(,-'J~ J 13093 I J 6597.5 ATTACHMENT NO.5 November 24, 1993 letter to Clifford Swanson from Thorn Fuller providing the manner of disbursement of the Purchase Price for the Specified Street Improvements including description of the Phase 2 Alternate A and Phase 2 Alternate B Improvements. ,)./, .. J I CITY COUNCIL AGENDA STATEMENT SUBMITTED BY: Item .J. 7 Meeting Date 12/14/93 RESOLUTION / 7 3 '-I ;Z Selecting the Castle Park "B" Area as the Next Target Neighborhood for the Implementation of the Neighborhood Revitalization Program and revising the Neighborhood Revitalization Program Policy Statement to reduce the Duration of the Implementation Period From Five Years to Three Years. Community Development Director ("..S I City Manage\.J;.~~j\ (4/5ths Vote: Yes _ No X) ITEM TITLE: REVIEWED BY: BACKGROUND: On November 2, 1993, the City Council approved a report from Staff outlining the process for the selection of the next target neighborhood for the implementation of the Neighborhood Revitalization Program (NRP). Part of the selection process approved by the Council was the classification of two neighborhoods (Castle Park "B" and Woodlawn Park) as candidates for the program. Council directed Staff to hold meetings in these two neighborhoods and, based on the response from the residents and the other criteria used in the selection process, recommend one of these neighborhoods for implementation of the program. Staff was also directed to change the duration of the program from 5 years to 3 years. This report is the final step in the selection process. If Council accepts Staff's recommendation, the implementation of NRP in the selected neighborhood will become effective and Staff will begin working with the neighborhood residents immediately. RECOMMENDATION: That the City Council adopt the resolution selecting the Castle Park "B" neighborhood as the next target area for the implementation of the Neighborhood Revitalization Program and changing the implementation period from five years to three years. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The November 2, 1993 report to Council described the selection process and the criteria used to select the next target neighborhood. The criteria recommended by the Montgomery Specific Plan and used in the selection of Otay Town is the following: . Need for public improvements . Need for housing rehabilitation . Neighborhood character . Income status . Opportunity to show results within program's time frame . Demonstration of local support for NRP 02 7- / Using this criteria in analyzing each of the neighborhoods listed above, Staff concluded that Castle Park "A," Harborside, and Broderick Otay Acres were not prime candidates for the next target neighborhood for NRP. However, these neighborhoods will be considered for selection again in three years after the program is fully implemented in the neighborhood selected tonight. The two neighborhoods which were found to be most in compliance with the NRP criteria and were selected as candidates are Woodlawn Park and Castle Park "B" (see table attached as Exhibit B). Neighborhood Descriptions Woodlawn Park Woodlawn Park is a small semi-rural neighborhood bounded by Main Street on the south, Walnut Drive on the west, north, and northeast, and Maple Drive on the east (See map listed as Exhibit A). The neighborhood has a population of approximately 500 people and contains about 127 housing units. It is self-contained, with its own character and identification. It contains a community center, which includes a branch library, two churches, a park on the northern boundary, and a non-descript open space which is known as the "Plaza." One of the outstanding characteristics of Woodlawn Park, and probably the most problematic, is its topography and the layout of streets and lots. The topography is very uneven with gentle hills, some pronounced slopes, and small creeks and ditches. The streets of the neighborhood, which was subdivided in 1910, are not only substandard in terms of width but are also very sinuous. The lot configuration is very irregular. Many lots are underdeveloped or vacant. Numerous structures are built over property lines or in the public right-of-way. Castle Park "B" Castle Park "B" is a larger neighborhood bounded by Palomar Street on the south, Third Avenue on the west, Naples Street on the north, and Hilltop on the east (see Exhibit A). It has a population of approximately 3,750 people and contains about 1,278 housing units. Although there are a few vacant lots, the community is fully developed and urbanized. The layout of the neighborhood is the typical grid pattern of straight streets and rectangular blocks. Standard street improvements are largely missing. Most of the streets, although lacking sidewalks, curbs, and gutters, have sufficient width to comply with city standards. Neighborhood Meetings Held As directed by the Council, Staff held public meetings with Castle Park "B" and Woodlawn Park residents. The purpose of the meetings was to try to measure the level of interest for NRP on the part of the residents, to see if they were interested in forming the neighborhood group, and to gauge the existence of neighborhood leadership. The purpose was also to obtain information as to the residents' perception of the needs and priorities in their neighborhoods. The meetings were held in the evening on November 17 and 18, 1993. Notices of the meetings were mailed to every property owner in both neighborhoods, and a survey was distributed at the meetings requesting information from the residents regarding their needs and their support for NRP. Approximately 75 people attended the Castle Park "B" meeting, with over 30 expressing interest in serving on a committee; thirteen people attended the Woodlawn Park meeting, with :2 7---;L Item _ Page L Meeting Date 12/14/93 three indicating interest in serving. Neighborhood Comparison Exhibit B is a comparison matrix for Castle Park "B" and Woodlawn Park. Based on that comparison, Castle park "B" is recommended as the next NRP Neighborhood. In general, it is felt that Castle Park "B" offers a challenge that can be significantly addressed in a 3-year NRP effort. This conclusion is based primarily on the following: . Public improvements are largely absent, but are fairly straightforward to accomplish. . The bulk of the neighborhood is clearly eligible for CDBG funding without extraordinary proof required. . There is a lot of neighborhood interest, and a willingness to participate. . The large population in the neighborhood assures that the City's and neighborhood's efforts will benefit many at a low per capita cost. The total costs for public improvements in Castle Park "B" are unknown, but will clearly be extensive. A very rough estimate by the Engineering Department approaches $6 million. The magnitude of this need will necessitate that the neighborhood committee and the City strategize carefully on the selection and prioritization of the improvements to be made during the NRP period. It is clear that Woodlawn Park demonstrates many of the physical deficiencies NRP was designed to address. However, the complexity of the issues in Woodlawn Park creates a situation which far exceeds NRP's ability to effectively address. The very serious issue of property line and right-of-way encroachments alone will take extraordinary actions by a cohesive neighborhood to resolve, and could take years to be resolved. Many Woodlawn Park residents have expressed substantial anxiety about impacts on their properties resulting from encroachment adjustments, making neighborhood cohesiveness problematical. Because of the extent of these problems, the Engineering Department is unable to prepare even a rough estimate of the cost to upgrade the Woodlawn Park street improvements without a comprehensive and substantial study, although it appears likely it would approach or exceed the $6 Million cost estimate for Castle Park "B." A separate report on the Woodlawn Park area is being prepared by Engineering and will be submitted to the City Council in the near future. That report will describe the problems and will provide alternative solutions for upgrading the neighborhood's infrastructure. The Next Step In January, Staff will hold a meeting with the residents of the selected neighborhood who expressed interest in participating in the neighborhood group. Election of the members will be held at that meeting. Once formed, the group will work on a list of needs and will prioritize :2 7,-;J Item _ Page ....4.- Meeting Date 12/14/93 them. At the same time, Staff will look into the potential sources of funds ($5,000-10,000) for the group to use in activities to improve the neighborhood, such as clean-up campaigns, newsletters, etc. Implementation Period -- Amendment to Policy Statement When the NRP program was initially adopted by Council and implemented in Otay, the period for implementation was set at five years. This time frame provided enough time to implement most of the program. However, when seen in the context of improving the four remaining neighborhoods, the period required to improve them is too long. For example it would take a period of twenty-five years to improve all the neighborhoods. Therefore, it is recommended that the program in each neighborhood be implemented in three years instead of five years. This will require a change to the NRP Policy Statement, a revised copy of which is attached to the resolution. FISCAL IMPACT: No funds are committed by this action. Upon selection of the next neighborhood for the implementation of NRP, funds will be required to plan, design, and construct the missing public improvements. A preliminary cost estimate prepared by the Engineering Department shows that the cost of the needed public improvements will be approximately $6 Million. However, it is clear that NRP projects would have to carefully be selected to have the highest impact possible, given that funding sources needed to provide the necessary improvements over the NRP period would likely be in the range of $2 Million to $3 Million (the annual CDBG budget for capital improvements has been approximately $800,000 over the past several years; gas tax funds could also be available). Funds will also be needed to fund the neighborhood improvement activities of the committee. During the implementation of the program in Otay Town, the City allocated $10,000 the first year and $5,000 per year, subsequently. In the past, most of the funds allocated to NRP and committee have been from CDBG funds. It is expected that this source will continue to be the main source of funds for this program. [FILE:\MZT DISK VffiA:\CSTLPARK.RPT] ~?-i RESOLUTION No. I 73Lj;2, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SELECTING THE CASTLE PARK "B" AREA AS THE NEXT TARGET NEIGHBORHOOD FOR THE IMPLEMENTATION OF THE NEIGHBORHOOD REVITALIZATION PROGRAM AND REVISING THE NEIGHBORHOOD REVITALIZATION PROGRAM POLICY STATEMENT REDUCING THE DURATION OF THE IMPLEMENTATION PERIOD FROM FIVE YEARS TO THREE YEARS WHEREAS, in April 25, 1989 the City Council adopted Resolution 14064 establishing the Neighborhood Revitalization Program (NRP), approving the program's Policy Statement, and selecting Otay Town as the initial target neighborhood for the implementation of said program; and WHEREAS, the implementation of NRP in Otay Town has been successful and is now considered completed; and WHEREAS, the City has reviewed the remaining potential neighborhoods for selection and has identified Castle Park "B" as the best candidate for the implementation of NRP; and WHEREAS, given the time limitation faced by the City in implementing NRP in all the Montgomery neighborhoods within an appropriate period of time, the City Council wishes to accelerate the process by reducing the NRP implementation period from five years to three years. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby resolve to approve the following: 1. Selecting Castle Park "B" as the next neighborhood for the implementation of the Neighborhood Revitalization Program. 2. Revising the NRP Policy Statement reducing the NRP implementation period from five years to three years. 3. Directing Staff to begin the implementation of NRP in Castle Park "B" immediately. Chris Salomone Community Development Director [File:\MZT DISK VIDA:\CSTLPARK.RES] ? Bruce M. Boogid City Attorney PRESENTED BY: &,S~ ( :2 /--3 /~ 7-6 I I . ,,' ::'.;;-.-0"1<. h~~~;' ,,;:';;T:~;: "'1\')!';> "S.';.,.'; C, .,.. .:.;" .: .c._ . .,: 1......- __c. .";' ] C .;~ I'z<"i~~': ~~i~~T;r{t~~, ; ,,~';~ ~~i,~~~ '6$1 > en w . --{~___.y1-1'{ \ ~ :r,'" '';',; ~~'l:~\,.i' :.1. ..~. - 0 o:F; ot- III) \. a: ~ w a: J,.....(~ I~f:-'~ ~. 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EXHIBITB NEIGHBORHOOD REVITALIZATION PROGRAM AREAS COMPARISON MATRIX BY CRITERIA Castle Park B Woodlawn Park Need for Public Imorovements Great and feasible; 95 % of public Need is great and difficult to improvements are missing, but fulfill; delivery of public are standard items; requires improvements are very mostly curbs, gutters, and complicated & costly because sidewalks; some drainage streets are substandard there are facilities and street lights; rights- complications regarding property of-way widths generally line locations and street rights-of- adequate. way. Neil!hborhood Character Grid pattern parcels & most city Area is about half the size of standard streets; regular lots; Castle Park "B"; semi-rural mostly SFR housing w/some character; complicated topography; duplexes and few MF complexes. very irregular lots and streets; complicated ownership patterns and rights; mostly SFR housing. Need for Home Rehabilitation Some houses require rehabili- Extensive; many properties are tation; many require yard clean- blighted and require major up and overall landscape impro- improvements; several homes have vement; installation of public been improved publicly and improvements would greatly privately; major investment is improve appearance of area. needed. Oooortunitv to Show Results Great; improvements needed are Low; major efforts, time, and standard and can be programmed investment needed; complications well; improvements will provide with lot line locations and great benefit and will show substandard streets would immediately. undermine the efforts of NRP. Fundinl! elil!ibilitv CDBG: CDBG: (Census information related to 3 groups Yes All in one group, does not qualify; income is available only in block 1 group No would require door -to-door income groups. Castle Park "B" area survey. includes four block groups, Low/Mod Housing: while Woodlawn Park is part of Rehab only Low/Mod Housing: one group in conjunction with Rehab only another part of the City.) Leadershio Meeting was well attended; Existing and organized, but very residents showed lots of interest; few people attended meeting; some many want to be on committee; residents have been part of MPC. many showed support for NRP, but with some vocal opposition. Miscellaneous Entire area within SW Redevelop- ment Area. v2 7~g/ COUNCIL AGENDA STATEMENT ITEM TITLE: Item :2 ~ Meeting Date 12/14/94 R I. /7 J 'i J:.A .. ~ d . b'd d d' eso utlOn ppropnatmg lun s, acceptmg 1 san awar mg contract for "Installation of Drainage Facilities in the Central Drainage Basin West of Broadway between "G" Street and "I" Street in the City of Chula Vista, CA (DR-116)" ~ SUBMITTED BY: Director of Public Works REVIEWED BY: City Manager ~(v ') t -tel (4/5ths Vote: Yes X No_) At 2:00 p.m. on December 1, 1993, in Conference Rooms 2 and 3 in the Public Services Building, the Director of Public Works received sealed bids for "Installation of Drainage Facilities in the Central Drainage Basin West of Broadway between "G" Street and "I" Street in the City of Chula Vista, CA (DR-116)." The work includes: removal and disposal of existing improvements, excavation and grading, concrete sidewalk and driveways, various sizes of reinforced concrete pipes, various sizes of reinforced concrete box culverts, various sizes of precast reinforced box culverts, various drainage structures, shoring, trench paving, base, curb and gutter, sewer main, sewer laterals, sewer manholes, P.C.C. trapezoidal channel, tunnelling under or replacement of existing garage structure, pipe collars, plugging of existing drainage pipes, connection of existing drainage pipes to new improvements, protection and restoration of existing improvements, traffic control, and other miscellaneous work required by the plans. RECOMMENDATION: That Council: 1. Appropriate $313,507 from the unappropriated balance of Fund 253 Transportation Partnership Funds to CIP fund 253-2530 - DR-116 Central Drainage Basin. 2. Accept bids and award contract to T.C. Construction Co., Inc. in the amount of $1,157,496.07 for construction of Alternate A (dual concrete reinforced concrete pipes) and with the provision of delaying start of construction until May 1, 1994. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Funds for the central drainage project were budgeted in the FY 1992-93 and 1993-94 budgets. Attached is a copy of the CIP detail sheets for project DR-116 for both FY 1992-93 and FY 1993-94. Existing drainage facilities in the central drainage basin between "G" and "H" Streets are inadequate and contribute to periodic flooding upstream which results in property damage. Upgrading of these inadequate portions of the storm drain system to handle a 50-year storm will mitigate most flooding problems. Staff also included in the scope of the project construction of drainage facilities in Oaklawn Avenue south of H Street to eliminate the flooding occurring near 532 Oaklawn Avenue. The City received a petition in September of 1992 from several of the property owners in that area discussing the flooding which occurs during very heavy rains. The property owner at 532 Oaklawn Avenue indicated that they had water up to six inches high in their garage. In response to the petition, a cJ ~-/ Page 2, Item .2 ~ Meeting Date 12/14/93 drainage analysis of the existing system was made and it was found to be inadequate. Corrective measures were incorporated in design of this proj ect to eliminate the flooding in this area. This work was included in the scope of the budgeted CIF project. Staff designed two alternative drainage options to solve the area's flooding problems. Option A consisted of using dual reinforced concrete pipes and Option B used pre-cast box culverts. The contractors had the option of bidding on Option A, Option B or both Option A and B. This gave competition for concrete pipe which would tend to lower the price. In addition, staff felt there could be a significant savings in cost if construction were delayed until May 1, 1994 after this ~ear' s rainy season. So an additional item was included in the bid as a deduct item to delay construction of the work, while requiring the contractor to install flood protection measures immediately upon award of contract. After meeting with the low bidder to discuss their bid, we determined that four factors entered in their decision to grant the City a $50,000 credit for a May start date. These reasons were: 1. Elimination of rain delay stoppages - The contractor estimated that there could be between 20 to 30 days lost to inclement weather. 2. Elimination of liability exposure problem - Working during inclement weather increases the potential accidents to both vehicular traffic and construction workers. Postponing the work until the dry season reduces this exposure for both the contractor and the City. The City's exposure could arrive from complaints from the area business owners and residents due to delay of work. 3. Creates construction options - Working during the dry season provides the contractor opportunities to work at different areas at once. It also increases the rate at which the work is accomplished and allows the contractor the opportunity to better plan his work. 4. Delivery of materials - Due to easement and alignment constraints of this project, special pipe has to be manufactured. The pipe manufacturer informed the contractor during bidding that there could be a price reduction if the project start date would be delayed until May. The contractor in preparing his bid felt these four factors equate to $50,000 credit in the construction of the project. Based on our subsequent meeting with the low bidder, it is apparent to staff that the City would be better served by a May start date. During the preparation of plans and specifications, staff realized that the contractor would not be able to complete flood protection to 616 G Street Apartments prior to the winter rains (January and February). Both options of the contract have a provision for the contractor to install flood protection measures at the upstream entrance and to safeguard the flooding of the apartments at 616 G Street. The low bidder indicated to us that these measures would be in place before the end of December, provided the contract is awarded and signed within 10 days of tonight's meeting. It should be noted that the earliest the contractor would start in the construction of the storm drain improvements would be mid-March. This is due to the lead time needed to construct sufficient pipe to enable a productive construction operation. Since the project cannot be constructed in time to provide flood protection by January, temporary flood protection is being provided at 616 G Street under the later start date option. Under normal circumstances, it takes 30 to 60 days to start construction after award of the contract. Therefore, staff is recommending that a c2 ~~ ;L Page 3, Item ;2.- ~ Meeting Date 12/14/93 May 1, 1994 start date be used in order to save $50,000 and cause less disruption to the general public by allowing the contractor to complete the project in a shorter (albeit later) time frame. Bids for construction of the project were received from five contractors as follows: Bid Amount Contractor Alternate A Alternate B Dual Pipes Precast Box l. T.C. Construction Co., Inc. $1,157,496.07 $1,244,438.33 Santee 2. Granite Construction Company 1,318,376.00 1,399,948.50 San Diego 3. Erreca's, Inc. 1,391,983.00 No Bid Spring Valley 4. Southland Paving, Inc. No Bid 1,481,338.50 Escondido 5. Chilcote, Inc. 1,603,349.40 1,705,674.40 E1 Cajon Either alternate is an acceptable method of constructing the storm drain system. Therefore, staff recommends utilizing the low bid for Alternate A with a May 1, 1994 start date. The low bid by T.C. Construction Co., Inc. is above the engineer's estimate of $1,011,365.00 by $146,131.07 or 12.6%. In reviewing the bid, staff believes the low bid received from T.c. Construction Co., Inc. is satisfactory. Staff has completed a reference check on the contractor and has found his work to be satisfactory. PREVAILING WAGE STATEMENT The source of funding for this project is Charter Point funds and Transportation Partnership funds. No prevailing wage requirements were necessary or part of the bid documents. Compliance with federal and state minority/women-owned business requirements was unapplicable on this project. However, by advertising, minority business owners were encouraged to participate. The low bidder is not a minority business. ENVIRONMENTAL STATUS A negative declaration pursuant to CEQA requirements for this project was filed February 11, 1993 with the County Clerk's Office (IS-93-10). It was cleared on March 27, 1993. DISCLOSURE STATEMENT A copy of the contractor's disclosure statement is attached. )~-J Page 4, Item :2. ~ Meeting Date 12/14/93 FISCAL IMPACT: The difference between the budget amount for this project and the amount needed to construct it is $313,500. The deficit is attributable to the following reasons: 1) Right-of-way acquisition - The C.I.P. budget allocated $25,000 for right-of-way. Actual cost for acquiring the easements is about $62,000; 2) Oaklawn Avenue Sewer - In order to construct the drainage improvements in Oaklawn Avenue, it is necessary to add a paralleling sewer main. The cost for this work is $20,000. The C.I.P. budget made no provision for this; and 3) Construction Cost - The C.I.P. budget provided $905,000 to cover the construction cost of the proj ect. The low bid including a 5% contingency amounts to $1,163,000. Staff has reviewed possible funding sources necessary to award this contract and recommends that a portion of the unappropriated balance in the Transportation Partnership Fund be appropriated to the Central Drainage Basin Project. Fund Required for Construction 1. Contract Amount ($1,157,496.07 less ($50,000) deduct $1,107,496.07 item for Alternate A 2. Contingencies (approx. 5%) 55,503.93 3. Additional right-of-way expenses 27,000.00 4. Staff (Design and Inspection) 32,000.00 5. Relocation of water facilities 40,000.00 Total Funds Required for Construction $1,262,000.00 Funds Available for Construction 1. Central Drainage Basin - $260,000.00 Transportation Partnership fund DR-116 2. Central Drainage Basin - Charter Point Funds - DR -116 688,493.00 3. Appropriation of funds from Unappropriated Balance of 313,507.00 Transportation Partnership Funds (Fund 253) to Central Drainage Basin - DR-116 Total Funds Available for Construction $1,262,000.00 ATTACHMENTS CIP Detail Sheet for Project DR-1l6 from FY 1992-93 and 1993-94 budgets NOTSCANNED Contractor's Disclosure Statement NOT SCANNED SHiFile No.: AR-039-1 WPC F:\horne\engineer\agenda\1492.93 d.'6~ ~/ RESOLUTION NO. /73L/3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS, ACCEPTING BIDS AND AWARDING CONTRACT FOR "INSTALLATION OF DRAINAGE FACILITIES IN THE CENTRAL DRAINAGE BASIN WEST OF BROADWAY BETWEEN "G" STREET AND "I" STREET IN THE CITY OF CHULA VISTA, CA. (DR-116)" . WHEREAS, at 2:00 p.m. on December 1, 1993, in Conference Rooms 2 and 3 in the Public Services Building, the Director of Public Works received the following five sealed bids for "Installation of Drainage Facilities in the Central Drainage Basin West of Broadway between "G" Street and "I" Street in the City of Chula Vista, CA (DR-116): Bid Amount Contractor Alternate A Alternate B Dual Pipes Precast Box 1. T.C. Construction Co., Inc. $1,157,496.07 $1,244,438.33 Santee 2. Granite Construction 1,318,376.00 1,399,948.50 Company San Diego 3. Erreca's, Inc. 1,391,983.00 No Bid Spring Valley 4. Southland Paving, Inc. No Bid 1,481,338.50 Escondido 5. Chilcote, Inc. 1,603,349.40 1,705,674.40 EI Cajon WHEREAS, either alternate is an acceptable method of constructing the storm drain system, therefore, staff recommends utilizing the low bid for Alternate A. WHEREAS, in addition, the low bidder gave a price for the deduct item of $50,000 if the start of work could be delayed until May 1, 1994 and staff recommends accepting this deduct because we do not believe the majority of the work will be completed during this winter's rainy season; and WHEREAS, the low bid by T.C. Construction Co., Inc. is above the engineer'S estimate of $1,011,365.00 by $146,131.07 or 12.6%, but in reviewing the bid, staff believes the low bid received from T.C. Construction Co., Inc. is satisfactory; and :2?1~5 WHEREAS, the source of funding for this project is Charter Point funds and Transportation Partnership funds and no prevailing wage requirements were necessary or part of the bid documents, but compliance with federal and state minority/women- owned business requirements was unapplicable on this project and by advertising, minority business owners were encouraged to participate although the low bidder is not a minority business; and WHEREAS, a negative requirements for this project was County Clerk's Office (IS-93-10) 1993. declaration pursuant to CEQA filed February 11, 1993 with the which was cleared on March 27, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby accept the five bids and awards the contract to T. C. Construction Co., Inc. in the amount of $1,157,496.07 for construction of Alternate A (dual concrete reinforced concrete pipes) and with the provision of delaying start of construction until May 1, 1994. BE IT FURTHER RESOLVED that the sum of $313,507 is hereby appropriated from the unappropriated balance of Fund 253 Transportation Partnership Funds to CIP fund 253-2530 - DR-116 Central Drainage Basin. BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista is hereby authorized and directed to execute said contract for and on behalf of the City of Chula vista. John P. Lippitt, Director of Public Works Presented by C:\rs\1482 c2Y~ !/ COUNCIL AGENDA STATEMENT ItemA Meeting Date 12/14/93 SUBMITTED BY: Report on Grading for Telegraph Canyon Estates Subdivision and the effect on adjacent property on Lehigh Avenue. Director of Public wor~ r City Manager j:.\ '\)~ (4/5ths Vote: Yes_No X) ITEM TITLE: REVIEWED BY: On October 19, 1993, a resident on Lehigh Avenue adjacent to the Telegraph Canyon Estates Subdivision expressed a concern about the grading of the subdivision and its effect on their property. Council directed staff to return with information on the grading. Staff has discussed the grading with the resident and indicated the reasons the grading was done in the manner it was done and the safeguards to their property. RECOMMENDATION: Accept the staff report. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Telegraph Canyon Estates Project consists of 344 single family lots on approximately 100 acres located on the north side of Otay Lakes Road, east of Southwestern College Estates and Otay Lakes Lodge mobile home park, and south of Eastlake Shores. The first phase final maps for the project have been approved, grading is underway, and building permits have been issued for the first phase model complex. At the October 19, Council meeting, Mr. Russell Barnhill of 873 Lehigh Avenue, within the College Estates subdivision, expressed a concern with the grading, drainage and height of the slopes along the westerly boundary of the project as it adjoined his property. Mr. Barnhill indicated that the Telegraph Canyon Estates grading created a large slope that drained into his property, would cause a concrete ditch on his property to become filled with sediment and would damage his fence. Staff has reviewed the situation, including making site visits to the Barnhill's home, and has slides available for viewing at the Council meeting. Mr. Barnhill also appeared at the November 16, 1993 Council meeting at which the Gotham Street closure was discussed. Since Mr. Barnhill was unable to discuss the issue with the Council at that time, staff spoke with Mr. Barnhill and tried to explain the constraints Baldwin was under on the grading and the steps they took to protect the adjacent property. Staff also suggested to Mr. Barnhill that he visit our office to review the plans with City staff. Mr. Barnhill indicated that he had been unaware of the information staff gave him, but that he was still concerned about the effects of the grading on the value of his property due to the height and ;2'1-/ Page 2, Item~ Meeting Date 11/16/93 proximity of the new manufactured slope. Mr. Barnhill indicated that he wanted to have an opportunity to discuss it with the City Council. Mr. Barnhill has not availed himself of the opportunity to look at the plans and discuss it more in depth with staff. Prior to the grading work done on Telegraph Canyon Estates, the homes on the east side of Lehigh Avenue within the College Estates Subdivision backed up to this undeveloped area. The Telegraph Canyon Estates property generally was higher than the adjacent lots on Lehigh Avenue and drainage was toward the lots which front on Lehigh Avenue. Most of the homes on Lehigh Avenue had a manufactured 2: 1 slope in their backyard and a concrete ditch to receive the water from the property to the east. The area of the Telegraph Canyon Estates property that previously drained toward Lehigh Avenue was 8.0 acres and extended to a maximum distance of 300 feet and a minimum distance of 150 feet east of the property boundary. While several of the lots along Lehigh Avenue had large slopes in their yards up to more than 15 feet high, the Barnhill property was at a point where they had no slope in their yard, only the concrete brow ditch. The grading on Telegraph Canyon Estates has reduced the contributory drainage area by 70 % to 2.3 acres and, in some cases, reduced the height of the hill. Baldwin's engineers looked at reducing the height of the fill even more, but, because the County Water Authority pipeline ran through that part of the subdivision, and a minimum amount of cover was required over the pipe, the elevations of the roads and building pads could not be lowered any further. Mr. Barnhill was initially under the impression that the County Water Authority only had the one pipe they recently installed and believed that it should have been installed lower to facilitate the lowering of the grading within the subdivision. Staff pointed out to him that the recently installed pipe, a 72 inch steel pipe, paralleled an older 69 inch concrete pipe that could not be lowered. However, even though the height of the hill was reduced, the 2: 1 slope has made it appear quite different. Attached as Exhibit A are cross sections illustrating the changes created at several of the properties along Lehigh Avenue. Conditions on the subdivision map required that the slopes be landscaped for erosion protection and appearance. The landscaping proposed consists of trees and shrubs with a low growing ground cover on the top part of the slope and a native flowering hydroseed on the bottom portion of the slopes. The cross section for 873 Lehigh Avenue, the Barnhill property, is the maximum slope which occurs at the north edge of their property. The slides available at the Council meeting show that the slope behind the Barnhill property remains the natural slope to the southerly edge of their property. Staff also investigated the possibility that a second brow ditch be constructed on the Telegraph Canyon Estates property to intercept the flow before reaching the property boundary. Due to :<1-2 Page 3, Item .2 I Meeting Date 11/16/93 the terrain at the property's edge, which goes uphill in both directions from the vicinity of the Barnhill property, it was not possible to construct another ditch. In summary, what staff found as a result of our investigation of Mr. Barnhill's complaint is as follows: 1. The pre-grading condition caused drainage to run onto the Lehigh Avenue properties through a fence into a concrete brow ditch designed to accept that drainage. The grading done by Baldwin did not change that pattern. 2. The grading done on the Telegraph Canyon Estates property reduced the amount of drainage going towards Lehigh Avenue. Constraints caused by the location of the County Water Authority pipeline kept the height from being reduced even more. Mr. Barnhill has adequate drainage now and the grading will only make it better. 3. The steeper manufactured slopes will be landscaped to prevent erosion and for appearance. In the event siltation takes place in the existing brow ditches before the landscaping becomes established, tentative map conditions and the grading ordinance permits staff to require the developer to clean it up. 4. Terrain conditions are such that a secondary ditch on the Baldwin property is not feasible. Last, Mr. Barnhill asked staff if the ditch in his yard could be removed or covered. Staff indicated that it probably could, but that he would have to have an engineer prepare the plans to assure that existing drainage is not disrupted. FISCAL IMPACT: None WPC F: \home\engineer\agenda \lehigh. tee ~") Q f) J 0<. I --p<.-- EXHIBIT:A SUBDIVISION "----BOUNDARY. 40'- - 40' 30'- f- 30' EXISTING 20'- V~ - -20' -- -- ---- --- 2.. --- 10'- Lk- - -10' r 0'- -0' 1"'- I 0' 849-LEHlIGH AVE. 230' c C LEGEND. ow GRADBUNE. - - NEW GRADBUNE. DlREC110N OF DRAINAGE. ----.- 1/ / ~ ~ ~ . 02 9-- J DRAWN BY J.P. CROSS SECTIONS ALONG THE WESTERLY SUB DATE: BOUNDARY OF TELEGRAPH CANYON ESTATES. 10/28/93 40'- 30'- 20'- 10L 0'- I 40'- 30'- 20'- 10'- 0'- - I 0' DRAWN BY DATE: 10/28/93 0' EXHIBIT:A SUBDIVISION BOUNDARY. -40' --- -30' ---- 2% _- ~-~ ~ -- b- -20' 10' OTAY LAKES LODGE MOBILE HOME PARK. LOT #8 -0' I 230' ~ ~ SUBDIVISION BOUNDARY. -40' -30' ~ 2.. ___ __ ""~ -- J1IlNCB. --- ~ -- ~ - -20' 10' OTAY LAKES WDGE MOBILE HOME PARK. LOT #6 -0' I 230' LEGEND. OUJGRADELlNE. - - NEWGRADEUNE. DRECI'lON OF DRAINAGE. ---- :2.7-'( CROSS SECTIONS ALONG THE WESTERLY SUB BOUNDARY OF TELEGRAPH CANYON ESTATES. EXHIBIT:A ~ ~ 401- 0'- I SUBDMSlON BOUNDARY. 30' 30' 20~ - 20' 2.. ~ 10'- ~ ---- ----- 10' 0' 0' 861-LEHIGH AVE. 230' B B 401- -40' 30' SUBDMSlON ___BOUNDARY. 30' --- PBNCB. 2.. ~ 20' 20~ 10'- ~--- ~ -- --- 10' 0' 873-LEHIGH AVE. -0' I 230' 0'- I A A LEGEND. DRAWN BY J.P. DATE: 10/28/93 OLDGRADEUNE. - - NEWGRADEUNE. DIREC110N OF DRAINAGE. ~ 02 'j-S CROSS SECTIONS ALONG THE WESTERLY SUB BOUNDARY OF TELEGRAPH CANYON ESTATES. COUNCIL AGENDA STATEMENT Item .3 0 Meeting Date 12/14/93 ITEM TITLE: Report on Request for Proposals (RFP) for exterior advertising on Chula Vista Transit buses SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manager! (4/5ths Vote: Yes_No.xJ Council Referral No. 2799 At its meeting on September 7, 1993, Council approved exterior advertising on Chula Vista Transit (CVT) buses (excluding the four trolley buses) and directed staff to prepare a Request for Proposal (RFP) to implement the advertising program. Council also directed staff to draft a letter for Mayor Nader's signature to the Metropolitan Transit Development Board (MTDB) to request clarification on the use of future bus advertising revenue for special transportation services for Chula Vista youth programs. This letter to MTDB Chairman Jim Mills was signed by the Mayor and sent to Mr. Mills on November 8, 1993. Staff has prepared an RFP for exterior advertising on CVT buses, and a draft contract for advertising services (Attachment 1). This report will discuss the major requirements of the RFP. RECOMMENDATION: That Council accept this report and authorize staff to issue a Request for Proposal (RFP) for exterior advertising on Chula Vista Transit buses. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The following is a discussion of major requirements of the RFP. This discussion will reference specific sections in the RFP (Attachment 1). IA. The proposer is responsible for implementation of the entire advertising program, including: procuring advertisements from one or more advertisers; obtaining ads; placement of ads on buses; maintenance and repair of ads; removal of ads; and repair of any damage to buses caused by ad placement or removal. IC. A total of 27 CVT buses will be available for exterior advertising. The four Chula Vista trolleys will be excluded. A maximum of three ad panels may be placed on each of 27 buses, for a total number of 81 ads (3 x 27). The RFP excludes the front of each vehicle from advertising due to limited space. Standard exterior ads panels are classified as king, queen, and tail with the following dimensions: king (30" x 144"); queen (30" x 88"); tail (21" x 72"). The RFP gives proposers the flexibility to use any size ad on all three sides of the 27 CVT buses, providing that the ads do not interfere with bus operations or maintenance. 3(J~ / Page 2, Item -3 0 Meeting Date 12/14/93 lIB. The tentative schedule proposes issuing the RFP on January 3, 1994, having a pre- proposal submission conference on January 13, 1994; receiving proposals on February 4, 1994; completing evaluation of proposals by February 18, 1994; and making a recommendation to Council by March 9, 1994. If Council authorizes staff to issue the RFP at tonight's meeting, staff is proposing to advertise the RFP in Passenger Transport, a national publication of the American Public Transit Association (APT A), and in the Chula Vista Star News. The advertisement would appear in the December 27, 1993 issue of Passenger Transport; therefore, the pre-proposal submission conference is scheduled for January 13, 1994, in order to give prospective proposers responding to the Passenger Transport advertisement time to receive and review the RFP. IIEl. The evaluation procedure is divided into two parts: four requirements which determine whether a proposal is responsive or non-responsive (discussed in Section IV A.); and a scored evaluation based on criteria presented in Section IVB. IV A. There are three "non-scored evaluation requirements" that a proposer must meet in order to be considered a responsive proposer. These are: . Submission of financial statement demonstrating financial ability to fulfill the requirements of the RFP and draft contract. · Submission of a letter from a corporate surety stating that the proposal is bondable in the amount of $25,000 (an Irrevocable Letter of Credit may be substituted for a performance bond). · Submission of the name or names of key personnel assigned to the project. IVB. Qualitative Evaluation Criteria Four criteria will be rated on a score of either 0-5 points of 0-7.5 points. The criteria are: l)'financial benefit to City (0-7.5 points); 2) advertising program (0-7.5 points); 3) ads for Chula Vista businesses or services(0-5 points); and 4) additional services (0-5 points). Criterion 3 encourages proposers to make a commitment that a certain percentage of advertising will be from local Chula Vista businesses or services. Accordingly, points will be assigned to this criterion as follows: 5 points for a commitment that 100% of ads will be from Chula Vista businesses; 4 points if 80% of ads are from Chula Vista businesses; 3 points if 60% of ads are from Chula Vista businesses; 2 points for 50% Chula Vista ads; 1 point for 20% Chula Vista ads; and 0 points for no commitment for Chula Vista business ads. Criterion 4, "Additional Services", permits the proposer to offer any additional services, not required in the RFP, which may be of benefit to the City of Chula Vista. For example, a proposer could offer to pay production costs for a certain number of public .3{J~.2 Page 3, Item ..3 tJ Meeting Date 12/14/93 service announcements or could provide free media exposure to the City that could not otherwise be obtained. Proposers may be assigned up to 5 points for additional services offered to the City. After the evaluation committee has completed the qualitative evaluation and scoring of proposals the committee may interview one or more proposers before making a recommendation to Council, or the committee may choose to make a recommendation without discussion with any proposer. V. Scope of Services A. Proposer is responsible for all phases of the advertising program including soliciting advertisements; obtaining ads; placement of ads on buses; removal of ads; and any necessary repair to CVT bus exterior if damaged by advertising display. C. City reserves the right to place public service announcements/advertisements on CVT bus exteriors on a space available basis. The announcement(s) may appear on the bus for a minimum of four weeks. The successful proposer will be responsible for placement and removal of public service announcements on buses at no cost to the City. D. All advertisements may be subject to approval by City. E. The successful proposer is required to remove any advertisement from the bus at the City's request. The City will not accept in any form the following types of advertising: liquor, tobacco, political, public art, religious, pornographic or ads promoting sexually explicit or sexually oriented products or services. G. The City encourages ads for businesses and organizations located in Chula Vista, and encourages the successful proposer to make a reasonable effort to procure ads from these local Chula Vista businesses. 1. Copies of all advertising contracts between the successful proposer and advertisers shall be sent directly to the City on a monthly basis and shall accompany the monthly advertising revenue payment to the City. The City requires the following information at a minimum in each advertising contract: the number of ads sold, size of the ads, the cost of each ad and the term of the ad contract. This information is required in order for City staff to monitor the type, number, and size of ads on CVT buses and verify this information with the monthly revenue payment to City. VI. Insurance The RFP requires the following insurance: Jt?~J Page 4, Item ..J () Meeting Date 12/14/93 A. Statutory Workers Compensation and Employer's Liability Insurance Coverage in the amount of $1 million. B. Commercial General Liability Insurance in the amount of $1 million. C. A Performance Bond or Irrevocable Letter of Credit in the amount of $25,000. D. A Fidelity Bond in the amount of $25,000. Section IV (page 5) of the Draft Contract specifies a base term of the contract which will become effective upon contract execution until June 30, 1988. The Tentative Schedule anticipates Council action on this agreement on February 22, 1994; therefore, the base term of this agreement would be approximately four years and four months. The agreement also includes an option term at the City's discretion for a two year extension until June 30, 2000. FISCAL IMP ACT: Based on San Diego Transit's exterior advertising contract, staff estimates that a minimum of $50,000 in annual advertising revenue could be generated from exterior ads on CVT buses. However, the RFP process could result in a higher advertising revenue figure. WMGlFile: DS-020 WPC F:\HOME\ENGINEER\BILLG\1437.93 30-tJ REQUEST FOR PROPOSAL (RFP) FOR EXTERIOR ADVERTISING ON CHULA VISTA TRANSIT BUSES I. INTRODUCTION A. The City of Chula Vista, hereinafter referred to as "City", is soliciting proposals from qualified organizations to manage a transit advertising program on the exterior of Chula Vista Transit (CVT) buses. The proposer selected by the City to imple::Jent this program will be responsible for: procuring advertisements from one or more advertisers; obtaining ads; placement of ads on CVT buses; maintenance and repair of ads on CVT buses; removal of ads at the end of advertising contracts; and repair of any damage to CVT buses caused by ad placement or removal. B. In an effort to give interested proposers an opportunity to respond to this RFP, the RFP has been designed to allow proposers flexibility to propose creative and innovative programs. It is incumbent upon the proposer to clearly demonstrate to the City the potential benefits of its proposed program. C. A total of 27 CVT buses will be available for this exterior advertising program. The 4 Chula Vista Trolley vehicles will be excluded from this program. On the remainder of the 27 bus CVT fleet, exterior advertising may be placed on the two (2) sides and rear of each vehicle; the front of each vehicle is excluded from this program. Therefore, a maximum of three (3) ads may be placed on each of 27 CVT buses. n. PROCUREMENT PROCESS A. General Proposals for this project must be submitted in accordance with Section ill entitled "Submission of Proposals". B. Tentative Schedule The t~ntative schedule of events for this procurement process is given below: Item Date 1 2 3 4 5 RFP Issued Pre-Proposal Submission Conference Proposals Due Proposal Evaluation Completed Award of Contract by City Council January 3, 1994 January 13, 1994 February 4, 1994 February 18, 1994 March 9, 1994 WPC F:\HOME\ENGINEER\BILLG\1318.93 ~-5 Page 1 C. Proposal Contents -. 1. Proposer should carefully follow the instructions outlined below. Failure to follow these instructions may be considered grounds for excluding a proposal from consideration. 2. Proposals must contain all the information requested in the RFP and be organized as explained in Section D, titled "Proposal Organization". Incomplete proposals may be rejected by the City as being non- responsive. The City shall be the sole and fmal authority for determination of non-responsive proposals. 3. All proposals must be legibly typewritten. Any erasures or changes appearing in the proposal shall be initialed and dated by the individuals signing the proposal. Measurements shall be the system of weights and measures in common usage in the United States, and pricing shall be in United States dollars. 4. Proposals shall be signed and dated in ink in the following manner: a. If from a Corporation, it must be signed by the President or Vice President and the Secretary or Assistant Secretary with a corporate seal. (When the signing officer is not the President or Vice President simply because hislher title is different, evidence of authority to sign on behalf of the Corporation must be submitted. ) ........ b. If from an Individual, Sole Proprietorship, or Proposer operating under a trade name, it is to be signed by that individual and witnessed by at least two witnesses. c. If from a Partnership, it must be signed by one of the full partners and witnessed by at least two witnesses. If signing partner is a Corporation, that partner shall sign in the same manner as if a Corporation were itself submitting the proposal. (See "a" above.) All members of the partnership must sign if the performance of services are not within the scope of the partnership agreement. As with an individual, each signature must be witnessed by at least two persons. d. The proposal must include the exact name of the contracting organization. e. A proposal submitted by a Corporation must list the name of the state wherein the Corporation is chartered, and the business address of the Corporation.e -. WPC F:\HOME\ENGJNEER\BnLG\1318.93 30-u, Page 2 f. A proposal submitted by a joint venture must be executed by all joint ventures in the same manner as if they were individually submitting proposals. . D. Proposal Organization 1. Proposal shall be submitted in two sections: (1) Statement of Qualifications, and (2) Description of Proposed Services. 2. The Statement of Qualillcations must respond to the Non-Scored Evaluation requirements explained in Section IV.A. of this RFP. These requirements are: fmancial statement of proposer~ surety of performance bond or an irrevocable letter of credit~ and resume of key personnel. Other pertinent information to demonstrate the proposer's experience in the provision of transit advertising services may be included in this section. 3. The Description of Proposed Services. must contain a complete description of your organization's proposed services for advertising on bus exteriors, and address the factors described under Section IV B, titled "Qualitative Evaluation Criteriall, and Section V, titled "Scope of Servicesll. E. Evaluation Procedure 1. Following receipt of proposals, proposals will be opened and checked for compliance with the requirements set forth in this RFP. A prooosal will be deemed non-responsive if it does not meet the three (3) requirements in Section IV.A. Copies of responsive proposals will then be distributed to an evaluation committee. Committee members will individually review and study the proposals in terms of the requirements outlined in this RFP in preparation for a meeting where a comparative discussion and evaluation of proposals will take place. 2. Negotiations and/or an oral interview mayor may not be conducted with proposers. Therefore, proposer should make its proposal as advantageous to the City as possible, since selection may be made without discussion with any oroooser. 3. It is the proposer's responsibility to clearly describe all aspects of its proposal, including but not limited to: benefits to the City~ services to be provided by proposer~ and resources required from the City (if any). 4. The City reserves the right to reject any proposal which does not fully and clearly describe the services being offered or the benefits to be derived by the City. The City reserves the right to withdraw this RFP at any time without prior notice. The City makes no representation that any contract will be awarded to any proposer responding to this RFP. WPC F:\BOME\ENGINEER\Bn.LG\l31B.93 Page 3 30-1 The City reserves the right to waive any minor irregularities as part of this RFP process. -. F. All proposals and attached materials will be available for public review at the time of award of contract by the City Council. G. A contract will be awarded to the proposer whose proposal will be most advantageous to the City. H. A draft agreement is included in this RFP as Attachment 1. m. SUBMISSION OF PROPOSALS A. A pre-proposal submission conference will be held on Thursday, January 13, 1994, in Conference Room at the City of Chula Vista Civic Center, 276 Fourth Avenue, Chula Vista, CA 91910. The purpose of the conference is to answer any questions prospective proposers may have about the RFP. Attendance at this conference is not mandatory, but is encouraged. B. Proposals must include six (6) complete sets of signed copies. Proposals must be delivered to Bill Gustafson, Transit Coordinator, Chula Vista Public Works Building, 707 F Street, Chula Vista, CA 91910. Proposals must be received bv 2:00 p.m. on Friday. February 4. 1994. Ifmail delivery is used, proposer should mail documents early enough to provide for arrival by this deadline. The proposer uses mail service at its own risk. Proposals received by the City after the date and time specified will not be considered and will be returned to the proposer unopened. -. IV. EVALUATION CRITERIA The evaluation part of this RFP process is divided into two parts: non-scored evaluation requirements; and qualitative evaluation criteria. A. Non-Scored Evaluation Requirements 1. In order to be considered a responsive proposer. proposer must submit a fmancial statement demonstrating proposer's ability to fulfill the requirements of this RFP and the draft contract (attached). 2. In order to be considered a responsive Droposer. proposer must submit with its proposal a letter from a corporate surety satisfactory to the City stating that the proposer is bondable in the amount of $25,000. The successful contractor will be required to furnish a Performance Bond as surety for the faithful performance of this agreement within 10 days after selection by the City Council. The Performance Bond will be in the amount of $25,000. An Irrevocable Letter of Credit may be submitted instead of a Performance Bond. -, WPC F:\HOME\ENGINEER.\BILLG\1318.93 30-~ Page 4 3. In order to be considered a responsive proposer. proposer must submit with its proposal the name or names of key personnel assigned to this project. 4. City reserves the right to determine if any proposal in response to this RFP shall be deemed responsive and to waive any discrepancies or minor irregularities pertaining to any proposal submitted in response to this RFP. B. QUALITATIVE EVALUATION CRITERIA The following four (4) criteria will be rated on a scale of either 0 to 5 points or 0-7.5 points. Therefore, a proposer may receive a maximum of 25 points. Each criterion will be evaluated as described below: 1. Financial Benefit to the Citv of Chula Vista (0-7.5 points) A determination of the highest monetary return to the City. Proposer should describe in detail all advertising revenue to be paid to the City, and should discuss the basis for this revenue estimate or commitment. If proposal includes a guarantee payment to City in addition to, or instead of, payment projections based on anticipated ad sales, proposer should clearly discuss this payment guarantee in its proposal. 2. Advertising Program (0-7.5 points) A detailed discussion of the advertising program that will maximize use of available advertising space on CVT buses. The following are issues that proposer should address. a. Describe the advertising program that you would implement for CVT. b. Discuss the staff that would be assigned to this project. c. Explain why your proposed approach to the management and operation of this advertising program is in the best interest of the City of Chula Vista. d. What types of ads, including size and specific advertisers, if known, do you anticipate placing on CVT buses? e. Discuss your organization's relevant experience to this project. f. Discuss your program for placing ads on the CVT buses, and maintenance, upkeep, and repair of advertising display units. WPC F:\HOME\ENGJNEER\Bn.LG\1318.93 Page 5 ~g g. Discuss the graphics standards you would use in your advertising program from the standpoint of visual quality and taste. (Note certain requirements discussed in Section IV - Scope of Services.) - 3. Ads for Chula Vista Business or Services (0-5 points) The City encourages advertising from businesses or services whose headquarters are located in the City of Chula Vista, or who have operations in the City of Chula Vista. In order to encourage proposers to procure advertising from local businesses, this criterion will be rated as follows: a. 5 points for a commitment that 100% of the ads will be from Chula Vista businesses b. 4 points for a commitment that 80% of ads will be from Chula Vista businesses. c. 3 points for a commitment that 60% of ads will be from Chula Vista businesses. d. 2 points for a commitment that 50% of ads will be from Chula Vista businesses. -~, e. I point for a commitment that 20% of ads will be from Chula Vista businesses. f. 0 points for no commitment for ads from local Chula Vista businesses. 4. Additional Services (0-5 points) This criterion gives the proposer an opportunity to discuss any additional services not required in the RFP which may be of benefit to the City of Chula Vista. For example, Section V.C. of this RFP states that "The City reserves the right to place public service announcements/advertisements on the exterior of CVT buses if contractor has not sold advertisement space in that location." In its proposal, proposer may wish to pay the production cost for a certain number of public service announcements on an annual basis. A maximum of 5 points may be given to a proposer who commits to providing a service or services for the City that would either increase revenue to the City, or provide a service that would be of benefit to the City. . -. WPC F:\HOME\ENGINEER\BlI.LG\1318.93 30-10 Page 6 V. SCOPE OF SERVICES A. The City is seeking proposals from qualified organizations to manage a transit advertising program on the exterior of CVT buses. Proooser shall be responsible for all phases of this advertising prollfam. including ad procurement and obtaining ads: placement of ads on CVT buses: maintenance. upkeep and repair of ads: removal of ads at the appropriate time: and repair to CVT bus exterior if damaged by advertising display application and/or removal. B. The City reserves the right to require the addition, removal, change of location, modification or refurbishment of any or all advertising until end of this agreement. Placement of ads shall in no way interfere with the safe operation and maintenance of CVT buses. C. The City reserves the right to place public service announcements/advertisements on the exterior of CVT buses if contractor has not sold advertising space in that location. Should the City exercise its prerogative to use public service announcements on unsold exterior space, this public service announcement may appear on the bus for a minimum of four (4) weeks. The successful proposer shall be responsible for placement on buses and removal of public service announcements from buses at no cost to the City. D. All advertising materials, advertisements, and manner of presentation may be subject to approval by the City which may disapprove any such items at its sole discretion. E. The successful proposer shall immediately remove from the bus at its sole cost and expense any ad which is disapproved by the City. Any ad previously approved which may subsequently be considered objectionable by the City shall likewise be removed. In the event that such disapproved ad is not removed by the successful proposer within 24 hours upon receipt of written demand, the City may cause to be moved said material and the successful proposer shall pay all costs and expenses. The City shall not be liable for any damages in connection therewith. F. The City will not accept in any form the following types of advertising: liquor, tobacco, political, public art, religious, pornographic or ads promoting sexually explicit or oriented products or services. G. The City encourages ads for businesses or organizations located in Chula Vista. The successful proposer shall make a reasonable effort to procure ads from these local Chula Vista entities. H. The successful proposer shall adhere to generally accepted principles of advertising in relationship to good taste and truth in advertising. I. The City prefers advertising displays to be placed on the buses by an adhesive backing. However, if proposer proposes to display ads in advertising racks, the Page 7 WPC F:\HOME\ENGINEER\BD.LG\1318.93 ~r'\ _ , , proposer is responsible for installing all hardware on the buses. All advertising display hardware (frames, racks, moldings, etc.) once installed on the transit .- system under this contract shall become the property of the City. 1. Copies of all advertising contracts between the successful proposer and advertisers shall be sent directly to the City on a monthly basis and shall accompany the monthly advertising revenue payment to City. The information in each advertising contract required by the City shall include at a minimum: the number of ads; the size of ads; the cost of each ad; and the term of the ad contact. VI. INSURANCE Proposer represents that it and its agents, staff, and subcontractors 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 ensured by insurance companies that have a Best rating of AS or better or shall meet with the approval of the City: A. Statutory Worker's Compensation and Employer's Liability Insurance coverage in the amount of $1 million. B. Commercial General Liability Insurance including business, automobile insurance coverage in the amount of $1 million. Combined single limit applied separately to each project away from premises owned or rented by contractor which names City as additional insured and which is primary to any policy which the City may otherwise carry (primary coverage) and which treats the employees of the City and applicants in the same manner as members of the general public (cross liability coverage). -~ C. Performance Bond or an Irrevocable Letter of Credit in the amount of $25,000 by a surety and in a form satisfactory to the City Attorney. D. Fidelity Bond in the amount of $25,000 which shall cover contractor employees, protecting City from employee theft with respect to any occurrence by contractor's employees. E. Proof of insurance coverage. 1. Certificates of Insurance. Contractor 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 cancelled without at least 30 days written notice to the additional insured. ........, WPC F:\HOMElENGINEER\BR.LG\131B.93 30 - J ;\- Page 8 2. Policy Endorsements Required. In order to demonstrate the additional insured coverage, primary coverage and cross liability coverage required under contractor's general liability insurance policy contractor shall deliver a policy endorsement to the City demonstrating same which shall be reviewed and approved by the Risk Manager. WPC F:\HOME\ENGINEER\Blll..G\1318.93 3? - l3 Page 9 REQUEST FOR PROPOSAL (RFP) FOR EXTERIOR ADVERTISING ON CHULA VISTA TRANSIT BUSES -" I. INTRODUCTION A. The City of Chula Vista, hereinafter referred to as "City", is soliciting proposals from qualified organizations to manage a transit advertising program on the exterior of Chula Vista Transit (CVT) buses. The proposer selected by the City to implement this program will be responsible for: procuring advertisements from one or more advertisers; obtaining ads; placement of ads on CVT buses; maintenance and repair of ads on CVT buses; removal of ads at the end of advertising contracts; and repair of any damage to CVT buses caused by ad placement or removal. B. In an effort to give interested proposers an opportunity to respond to this RFP, the RFP has been designed to allow proposers flexibility to propose creative and innovative programs. It is incumbent upon the proposer to clearly demonstrate to the City the potential benefits of its proposed program. C. A total of 27 CVT buses will be available for this exterior advertising program. The 4 Chula Vista Trolley vehicles will be excluded from this program. On the remainder of the 27 bus CVT fleet, exterior advertising may be placed on the two (2) sides and rear of each vehicle; the front of each vehicle is excluded from this program. Therefore, a maximum of three (3) ads may be placed on each of 27 CVT buses. -, n. PROCUREMENT PROCESS A. General Proposals for this project must be submitted in accordance with Section ill . -, ?:/J-I11 AGREEMENT BETWEEN CITY OF CHULA VISTA AND FOR TRANSIT ADVERTISING, SERVICES '\ This agreement ("Agreement"), dated for the pwposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the Gty-related en'Lf as is indicated on Exhibit A, paragraph 2, as such ("Gty"), whose business fonn is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Contractor, whose business fonn is set forth on Exhibit A, paragraph S, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Contractor"), and is made with reference to the following facts: RECITALS WHEREAS, Contractor warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Contractor to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; WHEREAS, City operates a fixed-route bus system called "Chula Vista Transit", hereinafter referred to as "CVT"; and WHEREAS, City is desirous of selling advertising space on the exterior of CVT buses in order to generate additional revenue for transportation services; and WHEREAS, Contractor has the management and technical personnel, expertise and other assets useful to provide transit advertising services for CVT; and WHEREAS, Gty is desirous of obtaining such services for CVT; and WHEREAS, Contractor is desirous of providing such service; and WHEREAS, Contractor warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Contractor to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) " Page 1 Wl'C F:'\IIOME'CNGJNFJlR\B1Ll.D\l346.93 ~-I5' OBLIGATORY PROVISIONS PAGES .-", NOW, THEREFORE, BE IT RESOLVED that the Oty and Contractor do hereby mutually agree as follows: 1. Contractor's Duties A. General Duties Contractor shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Contractor shall also perfonn all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to Oty such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement - C. Reductions in Scope of Work Oty may independently, or upon request from Contractor, from time to time reduce the Defmed Services to be perfonned by the Contractor under this Agreement Upon doing so, City and Contractor agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the advertising rates associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Contractor to expand its advertising program by increasing the number of spaces on CVT buses available for advertising. Contractor shall compensate Oty at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. E. Standard of Care Contractor, in performing any Services under this agreement, whether Defmed Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. . -, WPC P:\BOllIE'CNGlNEER'IBILLO\1346.93 Page 2 30 -) Lo F. Insurance Contractor 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, Oass V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Ins::mmce coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Contractor, which names City and Applicant as an Additional Ins~ and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless ElTors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Contractor shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Contractor's Commercial General Liability Insurance Policy, Contractor shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Contractor to provide a Performance Bond (mdicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Contractor shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. Page 3 WPC F!'BOME'CNOINa:R'JlllLO\l346.93 30-1, (2) Letter of Credit. - In the event that Exhibit A, at Paragraph 19, indicates the need for Contractor to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Contractor shall provide to the Oty an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Contractor is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Contractor to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Contractor shall provide to the Oty such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Contractor agrees to obtain a business license from the Oty and to otherwise comply with Title 5 of the Chula Vista Municipal Code. - 2. Duties of the Oty A. Consultation and Cooperation City shall regularly consult the Contractor for the purpose of reviewing the progress of the Dermed Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, mes and records by Contractor throughout the term of the agreement. In addition thereto, Oty agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Contractor's performance of this agreement. B. Payment to Oty Contractor shall pay City monthly for advertising on CVT buses. The following information shall be sent to City monthly with the advertising payment: the number and type of ads on CVT buses for the month upon which payment is based; the rate at which each ad was sold to each advertiser; and a current copy of each advertising contract between contractor and advertiser. .- WPC P.\HOMJN:NGINEEK\BJU.O\1346.93 :30-1 <6 Page 4 3.' Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. Term of Agreement A. Base Term - This Agreement shall become effective upon execution until June 30, 1998. B. Ootion Term (1) In consideration of the herein Agreement, Contractor hereby grants to City the below option, exercisable in writing at City's sole election. At any time on or before April 1, 1998, City may extend the service provided by Contractor under this Agreement for a period of two years until June 30, 2000. Compensation related to such an extension shall be determined through negotiations between City and Contractor. (2) It is mutually understood and agreed that all work performed and services provided under the exercised option shall be in strict compliance with all of the requirements of this Agreement as such may be amended from time to time by mutual agreement. (3) It is mutually understood and agreed that City is under no obligation whatsoever to exercise this option. Such option exercise may be by amendment hereto, or by issuance of a new agreement. S. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- fonnance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Contactor shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). . WI'C P.IBOMINlNGINEBNIIl.1.G\l346.93 Page S 3O-l 9 Time extensions for delays beyond the Contractor's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. .-. 6. Financial Interests of Contractor A. Contractor is Designated as an FPPC Filer. If Contractor is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Contractor is deemed to be a "Contractor" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Oerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Contractor is designated as an FPPC Filer, Contractor shall not make, or participate in making or in any way attempt to use Contractor's position to influence a governmental decision in which Contractor knows or has reason to know Contractor has a fmancial interest other than the compensation promised by this Agreement C. Search to Determine Economic Interests. -, Regardless of whether Contractor is designated as an FPPC Filer, Contractor warrants and represents that Contractor has diligently conducted a search and inventory of Contractor's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Contractor does not, to the best of Contractor's knowledge, have an economic interest which would conflict with Contractor's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act E. Duty to Advise of Conflicting Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will immediately advise the City Attorney of City if Contractor learns of an economic interest of Contractor's which may result in a conflict of interest for the pwpose of the Fair Political Practices Act, and regulations promulgated thereunder. - WPC P.\HOME'CNOJNEER\BIU.G\l346.93 30 - Ot 0 Page 6 F. Specific Warranties Against Economic Interests. Contractor warrants and represents that neither Contractor, nor Contractor's immediate family members, nor Contractor's employees or agents ("Contractor Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defmed Services, f'Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Contractor further warrants and represents that no prorru'ie of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Contractor or Contractor Associates in connection with Contractor's performance of this Agreement. Contractor promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Contractor agrees that Contractor Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Contractor may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Contractor's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Contractor shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Contractor, or any agent or employee, subcontractors, or others 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 conduct of the City, its officers, or employees. Contractor's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Contractor at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Contractors' indemnification of City shall not be limited by any prior or subsequent declaration by the Contractor. 8. Termination of Agreement for Cause If, through any cause, Contractor shall fail to fulfill in a timely and proper manner Contractor's obligations under this Agreement, or if Contractor shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Contractor of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all fmished or unfmished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Contractor shall, at the option of the City, become the property of the City, WPC F.\IIOME'ENGlNEER\BJll.G\l346.93 Page 7 30 -c;t \ and Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Tennination, not to exceed the amounts payable hereunder, and less any damages caused City by Contractor's breach. -, 9. Errors and Omissions In the event that the City Administrator determines that the Contractors' negligence, errors, or omissions' in the perfonnance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Contractor shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Contractor of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfmished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Contractor hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. -- 11. Assignability The services of Contractor are personal to the City, and Contractor shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City, which City may not unreasonably deny. City hereby consents to the assignment of the portions of the Dermed SelVices identified in Exhibit A, Paragraph 17 to the subcontractors identified thereat as "Pennitted Subcontractors". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Contractor 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. . -. WPC P.IIIOME'CNOINEER\BIUD\1346.93 Page 8 3? - d.~ 13. Independent Contractor City is interested only in the results obtained and Contractor shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Contractor's work products. Contractor and any of the Contractor's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. 14. Administrative Oairns Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and med with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Contractor shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs In the event that Contractor prepares a report or document, or participates in the preparation of a report or document in performing the Dermed Services, Contractor shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Contractor not authorized to Represent City Unless specifically authorized in writing by City, Contractor shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Contractor is Real Estate Broker and/or Salesman WPC F~ME'CNGJNEER\BIl1.G\l346.93 Page 9 30- ~3 If the box on Exhibit A, Paragraph 16 is marked, the Contractor and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Contractor represents that neither Contractor, nor their principals are licensed real estate brokers or salespersons. -." C. Notices All notices, demands or requests provided for or pennitted 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 tc.' have been properly given or served if personally selVed or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties - Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the Oty of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the Oty of Chula Vista. [end of page. next page is signature page.] ~, Page 10 WJIC Jl:'\IIOME'CNGINEB\BJU.O\l346.93 3O-a,4 Signature Page to Agreement between City of Cbula Vista and [Name of Contractor] for IN WITNESS WHEREOF, City and Contractor have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: City of Chula Vista By: Tim Nader, Mayor Attest: Beverly Authelet, City Oerk Approved as to form: Broce M. Boogaard, City Attorney Dated: [Name of Contractor] By: [name of person, title] By: [name of person, title] Exhibit List to Agreement (X) Exhibit A () Exhibit B WPC P~OME'ENGINEER\BJU.G\l346.93 Page 11 30-~5" EXHmIT A TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND - 1. Effective Date of Agreement: 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California () Industrial Development Authority of the City of Chula Vista, a () Other: . a [insert business form] ("City") - 3. Place of Business for City: City of Chula Vista, 707 F Street Chula Vista, CA 91910 4. Contractor: 5. Business Form of Contractor: ( ) Sole Proprietorship ( ) Partnership ( ) Corporation 6. Place of Business, Telephone and Fax Number of Contractor: [Address] [City] Voice Phone: Fax Phone: ..-, WPC P~OME"CNOJNEER\BllLG\l348.93 3:? -a {,p Page 1 7. General Duties: Contractor is responsible for the following: A. Procuring ads from one or more advertisers for display on the exterior of CVT buses. B. Placement of ads on CVT buses. C. Maintenance and repairs of ads on CVT buses. D. Removal of ads. E. Repair of any damage to CVT buses caused by ad placement or removal. 8. Scope of Work and Schedule: A. Detailed Scope of Work: (1) Contractor shall manage a transit advertising program on the exterior of CVT buses. Contractor shall be res1>onsible for all 1>hases of this advertisine: 1>romm. includine: ad 1>rocurement and obtainne: ads; 1>lacement of ads on CVT buses: maintenance. u1>kee1> and re1>air of ads: removal of ads at the a1>1>ro1>riate time: and re1>air to CVT bus exterior if damae:ed bv advertisine: dis1>lav a1>1>lication and/or removal. (2) The Gty reserves the right to require the addition, removal, change of location, modification or refurbishment of any or all advertising until end of this agreement Placement of ads shall in no wav interfere with the safe o1>eration and maintenance of CVT buses. (3) The City reserves the right to place public service announcements/advertisements on the exterior of CVT buses if contractor has not sold advertising space in that location. Should the Gty exercise its prerogative to use public service announcements on unsold exterior space, this public service announcement may appear on the bus for a minimum of four (4) weeks. Contractor shall be responsible for placement on buses and removal of public serv~e announcements from buses at no cost to the Gty. (4) . All advertising materials, advertisements, and manner of presentation may be subject to approval by the Gty which may disapprove any such items at its sole discretion. (5) Contractor shall immediately remove from the bus at its sole cost and expense any ad which is disapproved by the Gty. Any ad previously approved which may subsequently be considered objectionable by the Gty shall likewise be removed. In the event that such disapproved ad is not WPC p!'BOMINlNGlNEER'BILUN348.93 Page 2 3:)-a., removed by the contractor within 24 hours upon receipt of written demand, the City may cause to be moved said material and the contractor shall pay all costs and expenses. The City shall not be liable for any damages in connection therewith. - (6) The City will not accept in any fonn the following types of advertising: liquor, tobacco, political, public art, religious, pornographic, or ads promoting sexually explicit or oriented products or services. (7) The City encourages ads for businesses or organizations located in Chula Vista. The contractor shall make a reasonable effort to procure ads from these local Chula Vista entities. (8) The contractor shall adhere to generally accepted principles of advertising in relationship to good taste and truth in advertising. (9) The City prefers advertising displays to be placed on the buses by an adhesive backing. However, if contractor proposes to display ads in advertising racks, the contractor is responsible for installing all hardware on the buses. All advertising display hardware (frames, racks, moldings, etc.) once installed on the transit sy~tem under this contract shall become the property of the City. (10) Copies of all advertising contracts between the contractor and advertisers shall be sent directly to the City on a monthly basis and shall accompany the monthly advertising revenue payment to City. The information in each advertising contract required by the City shall include at a minimum: the number of ads; the size of ads; the cost of each ad; and the tenn of the ad contract .- B. Date for Commencement of Contractor Services: (X) Same as Effective Date of Agreement () Other: C. Dates or Time limits for Delivery of Deliverables: Deliverable No.1: Deliverable No.2: Deliverable No.3: . D. Date for completion of all Contractor services: June 30, 1998 .- WPC P!1IIOMIN1NOJNEEIl\BJU.O\l348.93 ~ -a8' Page 3 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. (X) EITors and Omissions insurance: None Required (included in Commercial General Liability coverage). () BITors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Buses available to Contractor for exterior advertising space: A. Nine (9) 30-foot Orion buses B. Fourteen (14) 35-foot Orion buses C. Four (4) Goshen buses D. The 2 sides and rear of each bus may be used for ad space; the front of each bus is excluded. Therefore, a maximum of three (3) ads may be placed on each CVT bus. 11. Compensation: A. () Single Fixed Fee Arrangement. For performance of all of the Dermed Services by Contractor as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee WPC F~MJNlNOINEEll\Bl1J..G\1348.93 Page 4 3o-OlQ B. (X) Phased Advertising Rate Payment to City. -. Contractor shall pay City the amounts shown in the following advertising rate schedule. RATE SCHEDULE FascaI Year Type of Ad FY 1993-94 King: $ Queen: $ Tail: $ Other: $ FY 1994-95 King: $ Queen: $ Tail: $ Other: $ FY 1995-96 King: $ Queen: $ Tail: $ Other: $ FY 1996-97 King: $ Queen: $ Tail: $ Other: $ FY 1997-98 King: $ Queen: $ Tail: $ Other: $ C. () Hourly Rate Arrangement For performance of the Dermed Services by Contractor as herein required, City shall pay Contractor for the productive hours of time spent by Contractor in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: D. () Not-to-Exceed Limitation on Time and Materials Arrangement - Notwithstanding the expenditure by Contractor of time and materials in excess of said Maximum Compensation amount, Contractor agrees that Contractor will perform all of the Dermed Services herein required of Contractor for $ including all Materials, and other "reimbursables" ("Maximum Compensation "). - WI'C P.'B>MEefGJNI1EIl'IBIU.O\l348.93 30 - ~O Page S (1) () Limitation without Further Authorization on Time and Materials Arrangement At such time as Contractor shall have incurred time and materials equal to ("Authorization Limit"), Contractor. shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Contractor from providing additional Services at Contractor's own cost and expense. Rate Schedule Category of Employee of Contractor Name Hourly Rate () Hourly rates may increase by 6% for services rendered after [month], 19_, if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Contractor in the performance of services herein required, City shall pay Contractor at the rates or amounts set forth below: (X) None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $ () Copies, not to exceed $ () Travel, not to exceed $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: , not to exceed $ , not to exceed $ . Page 6 WPC p!\HOME\ENGJNEElNJJLLG\l348.93 3D -3 \ 13. Contract Administrators: City: - Bill Gustafson, Transit Coordinator City of Chula Vista 707 F Street Chula Vista, CA 91910 Contractor: 14. Liquidated Damages Rate: () $ per day. () Other: 15. Statement of Economic Interests, .Contractor Reporting Categories, per Conflict of Interest Code: () Not Applicable. Not an FPPC Flier. -. () 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 or the acquisition or sale of real property. () Category No.5. 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. --- WPC P!\HOMJN:NGINEEIl\BIUD\1348.93 &>-32-- Page 7 () Category No.6. Investments in business entities and sources of income of the type which, within the past two years,bave contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. () Category No.7. Business positions. () List "Contractor Associates" interests in real property within 2 radial miles of Project Property, if any: 16. () Contractor is Real Estate Broker and/or Salesman 17. Permitted Subcontractors: 18. Bill Processing: A. Contractor's payment to the City to be submitted for the following period of time: (X) Monthly () Quarterly () Other: B. pay of the Period for submission of Contractor payment to City: () First of the Month () 15th Day of each Month () End of the Month () Other: C. City's Account Number: Page 8 WPC P.IHOME'CNOINEEK\BJl.L(JI1348.93 ~-3~ 19. Security for Perfonnance I; -, (X) Performance Bond, $25,000 () Letter of Credit, $ (X) Other Security: Type: Fidelity Bond Amount: $25,000 () Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Contractor sooner, the Gty shall be entitled to retain, at their o}1tion, either the following "Retention Percentage" or "Retention Amount" until the Gty detennines that the Retention Release Event, listed below, has occurred: () Retention Percentage: % () Retention Amount: $ Retention Release Event: () Completion of All Contractor Services () Other: - . - Page 9 WPC P:'.HO~INEBNlJl1D\1348.93 ?::f)-34 COUNCIL AGENDA STATEMENT Item J) Meeting Date 12/14/93 SUBMITTED BY: Consideration of a Draft Work Program Sphere of Influence Update Study. tl1t for the Chula Vista ITEM TITLE: Report: REVIEWED BY: Director of Planning City Manager rj 4/Sths Vote: Yes_ No X As previously reported to Council, in August of 1990, the Local Agency Formation Commission (LAFCO) adopted a city sphere update and amendment policy establishing procedures and a schedule for reviewing the sphere of influence of all cities on a five year periodic basis. Pursuant to that policy, on July 12, 1993, LAFCO held a public hearing to consider their executive officer's preliminary Chula Vista sphere evaluation report, and unanimously approved commencement of a comprehensive study of the Chula Vista Sphere. That evaluation report was based substantially upon the City's responses to an earlier LAFCO questionnaire, which " responses were reviewed by the City Manager and forwarded to Council. Now that LAFCO has authorized the study, the City (in cooperation with LAFCO) must prepare a work program and time table for the study. Staff from the Planning Department Advance Planning Division and Otay Ranch Community Planning Division have held several meetings with the City Manager's Office and LAFCO staff to identify issues and strategize approaches to the study. As a result of those discussions, the attached Draft Work Program has been developed and is being presented for Council consideration and direction. RECOMMENDATION: That Council: 1. Accept the attached Draft Work Program; and 2. Instruct staff to conduct a public forum to solicit input/comments on the Draft Work Program, and return to Council with a Final Work Program in January 1994. DISCUSSION: Background LAFCO is required by state law to adopt a sphere for each city and special district in the county. A sphere is a plan for the probable ultimate boundaries and service area of a local government agency (in this case the City), with focus on projected service demands for the next 10 to 15 years. LAFCO's periodic sphere review process is intended to increase the sphere's effectiveness as a regional planning tool by keeping it up to date 3/~/ Page 2, Item J ) Meeting Date 12/14/93 in conjunction with changes in land use and growth patterns. Chula Vista's existing sphere was adopted in 1985. A Sphere study is typically comprehensive in nature and should review the entire existing Sphere area, as well as any new areas to be considered for inclusion that will require urban services now or within the next 15 years. Exhibit A delineates Chula Vista's existing Sphere of Influence and General Plan Boundaries. Exhibit B delineates the Otay Ranch Project Area and the proposed Sphere Study Area Boundary in relation to the City's existing Sphere. Through the series of meetings held over the last several months with Planning Department, Baldwin representatives, City Administration and LAFCO staff, the Draft Chula Vista Sphere Update Work Program (attached as Exhibit C) has been prepared. In preparing the Draft Work Program, there were several pertinent topics addressed including proposed boundaries for the overall study area, scope/depth of the study, staffing and financial considerations, environmental review and timing, particularly as it relates to the continued processing of approvals for the Otay Ranch Project. The following sections highlight the main aspects of those topics which are presented in the attached Draft Work Program. As a Draft Work Program, staff's intent is to receive Council input and to then proceed to a public forum which would be jointly hosted by the City and LAFCO. This forum will serve to notify affected parties and the general public that the City is undertaking the study, and will allow for identification of issues which may affect the work program. Staff plans to hold the forum in early January 1994, and return to Council in late January for approval of a Final Work Program to be submitted to LAFCO. It is anticipated that the study/update process will take approximately 9 - 12 months to complete. Staff will provide a detailed time table with the Final Work Program. Proposed Study Area and Scope When the City's Sphere was originally adopted in 1985, LAFCO established several "Special Study Areas" which are depicted on Exhibit A. The largest of those was the Otay Valley parcel of Otay Ranch, which at the time was designated as "Agriculture and Reserve" in the City General Plan. The requirement for reviewing this Special Study designation was the establishment of "urban" land use designations for which municipal services would be warranted, and thereby necessitating a final sphere determination. With the recent adoption of the Otay Ranch General Plan Amendment / General Development Plan, such "urban" land use designations exist and form the basis for a sphere determination. In reviewing the existing Sphere area, and patterns of proposed development, staff's 3/-.2 Page 3, Item '3) Meeting Date 12/14/93 intent is to focus the sphere update principally on the Otay Ranch, with minor exceptions as noted in the attached work program introduction. One of the primary reasons for this is that all of the other major project areas (i.e. Eastlake, Salt Creek Ranch, Rancho San Miguel, etc.) that comprise anticipated development over the next 10 - 15 years, are already within the City's existing Sphere. Considering development densities and anticipated timing, those areas of the Otay Ranch to be studied include the Otay Valley parcel, the Resort area, and the "inverted L" north of Upper Otay Reservoir. An approximation of this study area boundary is depicted on Exhibit B. Secondarily, LAFCO requires that lands proposed for sphere inclusion be within the General Plan of the proposing jurisdiction. Therefore, inclusion of miscellaneous smaller property holdings has the potential to prolong and complicate the study, as they are currently not within the City's General Plan Area, and would thereby require evaluation for General Plan amendment and associated environmental review. The majority of such properties are situated northeast of Upper Otay Reservoir, although some additional properties are also interspersed among the Otay Ranch holdings east of the Otay Reservoirs and extending to Hwy. 94. While some properties may thereby be excluded from the present sphere study, it should be emphasized that LAFCO' s periodic sphere review process offers future opportunities in 5-year increments, with the next review commencing in 1998. Typically, a sphere study evaluates a larger area than is ultimately proposed for inclusion in the updated sphere. Such an approach accommodates thorough evaluation of the longer-range development pattern and service needs, and is based upon topography, major land features, drainage patterns, and the need for future urban services within the next 15 years. Staffing / Financial Staff intends to prepare the study in-house utilizing staff of the Planning Department's Advance Planning Division and Otay Ranch Community Planning Division. Given that the study constitutes a comprehensive review of the entire Sphere, but will be focused to Otay Ranch, it is anticipated that the work load be split "50/50" between the two Divisions. Staff is recommending that a consultant be hired to prepare the Environmental Impact Report (EIR) for the study. Staff is currently preparing a Request for Proposal (RFP), and will report to Council on the selection process when the Final Work Program is presented in January. The City and the Baldwin Company would proportionately share costs based on the study's scope and inclusion of territory. Given the proposed study area/focus, it is anticipated that the majority of the study's total costs would be absorbed by the Baldwin 3/-3 Page 4, Item 3 J Meeting Date 12/14/93 Company. However, as we are still at the Draft Work Program stage, actual costs estimates and distributions have not yet been determined. Staff will present that data to the Council with the Final Work Program in January. Input from The Baldwin Company Discussions have been held on several occasions with representatives of the Baldwin Company. The issues discussed included delineation of the project area, fInancing the study, staffmg, and timing. a. Proiect Area. Baldwin's position is to submit the work program to LAFCO studying the area recommended by staff. During the analysis portion of the study, the fmal boundary of the area(s) proposed for actual inclusion in the sphere would be a smaller area to achieve the criteria of LAFCO. b. Financing: the Studv. Baldwin's position is that they would be responsive to financing their fair share of the study. Additional discussions will be necessary with all the concerned parties, and costs estimates need to be prepared before . beginning the study. c. Timing. Baldwin's position is to facilitate processing of the Sphere Study, and avoid delays which may be presented by including other non-general planned areas into the Sphere Study. Input from LAFCO Discussions have also been held on several occasions with LAFCO staff to receive their input and direction on developing the work program, with the following results: a. Proiect Area. LAFCO staff concurs with the study area recommended by staff. However, given the irregular shape of the Otay Ranch holdings, they have requested that the study boundary be modifIed as necessary to make it coincident with more logical sphere planning geographies, such as ridgelines, drainage basins, etc. Staff has agreed, and is in the process of reviewing various resource maps to determine the specific configuration of such a boundary. Based upon further review with LAFCO and the County, staff will present a fmalized study area boundary to Council with the Final Work Program in January. In the interim, an approximation of such a study area boundary is shown on Exhibit B. . b. Preoaration of the EIR. LAFCO staff has suggested that the EIR be structured to present the study area as several sub-areas. Such a structure is envisioned to 3/-1 Page 5, Item 3/ Meeting Date 12/14/93 provide increased flexibility for the LAFCO Board, and the City Council, for possibly considering alternate boundaries for the sphere update, and eventual phased annexations, at the time of public hearing. City staff concurs, and has provided for such sub-area structuring in the attached Draft Work Program. FISCAL IMPACT: The Baldwin Company has agreed to fund both the Sphere Study and the EIR in a "fair share", proportionate manner based on the study's scope and inclusion of territory. As the study's primary focus will be to Otay Ranch, it is anticipated that a large portion of the efforts will be the responsibility of The Baldwin Company. Any City costs would be General Fund supported. Absent development of a Final Work Program, and responses to the RFP from consultant firms, the overall costs and their proportioning between the City and The Baldwin Company are not known at this time. However, both the Draft Work Program and RFP have been structured to identify those aspects of the work are and are not specific to Otay Ranch in order to enable proportioning of costs, once known. Staff will be focusing on these fiscal issues over the next several weeks, and will present more detailed cost information when Council considers the Final Work Program in January 1994. (sphdrwpLa13) ~ 3/-}J 1 I 0' I 0 of 0 III 1ft :II so - .. .. .. j 0 ::; ! "i 0 I " 0 :z: c: ,.. :. < ;;; ... :. ... ,.. :. z z i Q c 1ft " :. :II ... I: 1ft Z .. ... .! I I " ".l "!, 01[mmn f I p:U 'll -. :g 3 i' ~ 0 ~ ji!.';;- ~ ca _ ~ E' CD ~ :'03 ~IQ 2,:! ,0 ~ ~,~ a" :' S >0 ~ ,Q, CD 0" m !I' og .. .,\" It -. .!, CD og en III . . ;; ;1, l>.Q.. ! 0 'CD "C .... . 0(') "C- ::r(l CD CD 2- 00 ,- ::r 5'5. _m c< CD - ~ en n m CD 'm <' m C m .... o' ~ ... co fA) N .. ... .. ~ '" . .. ~ EXHIBIT-i - Y j--? " III n III Ii . .. :JI .. ':0 lillmi 0. 00 '0 ;::;: :Zl< ~ 0 CD ... o 0 ....:z c 5'ii .... c~ CD fit ::s .... nQ) CD c '0 .~ Q) .... .CD o 2' '~ ',< - .. .. .. n ~ -< o ." n % c ,. . < in -I . " ,. . z z Z g " III " =' o !i:t !.~ ;- i.g c;- 'C .0 .= = ~: ~= ::I .,0.. en ft en en '1II1l1 ~ ~-g. g.; :~ ii ~. · 0 . . 0 i.- ... . . · r- : I . I : I . . I . I . I : I t-I .., .J l, . I . I '. "i .. " co f I r I I c: I . I Ii ! c !: ~ I i. .. II - " I C! i EXHIBIT B CHULA VISTA SPHERE OF INFLUENCE UPDATE STUDY - 1993 DRAFT WORK PROGRAM (December 1993) Introduction In August of 1990, the San Diego Local Agency Formation Commission (LAFCO) adopted a city sphere of influence update and amendment policy which established procedures and a calendar for reviewing the sphere of influence for all cities in the county on a five year periodic basis. This periodic review process is intended to increase the sphere's effectiveness as a regional planning tool by keeping them up..to-date in conjunction with changes in land use and growth patterns. Pursuant to LAFCO's calendar, the Chula Vista Sphere of Influence is being studied for the purpose of update. Initiation of the sphere review process involves the City's preparation, in cooperation with LAFCO, of a work program and time table for the Study. This document presents that work program and time table. LAFCO, in reviewing areas proposed for inclusion in the sphere, will analyze the proposal based upon criteria established in the Cortese/Knox Act and in LAFCO's Sphere of Influence guidelines. LAFCO's goals are to encourage compact development, to discourage the premature conversion of open space and agricultural lands, and to encourage the orderly development and expansion of local agencies, such as the City of Chula Vista. In addition, the following factors are important in determining an appropriate sphere: . present and planned land uses; . need for city services; . capability of the city to provide services; . social and economic communities of interest; . cost of services; . impact on adjacent agencies and services; . consistency with general plans; and . natural boundaries. Pursuant to LAFCO policy, the Sphere study is comprehensive in nature and should review the entire existing Sphere area, as well as any new areas to be considered for inclusion that require urban services now or within the next 15 years. Typically, a sphere study evaluates a larger area than is ultimately proposed for inclusion in the updated sphere. Such an approach accommodates thorough evaluation of longer-range development patterns and service needs. The following discussions are intended to preface the work program outline presented on the subsequent pages: -1- 3;-; Study Area Boundaries - Attachment A delineates areas within the City of Chula Vista's existing Sphere of Influence (originally adopted in 1985), and areas within the City's current municipal and General Plan boundaries. The purpose of a Sphere of Influence Study is to determine a recommended boundary for the City of Chula Vista Sphere which encompasses land that will require urban services now or within the next 15 years. Otav Ranch In reviewing the existing Sphere area, and patterns of proposed development, staffs intent is to focus the sphere update principally on select sub-areas of the Otay Ranch. One of the reasons for this focus is that all of the other major project areas (Le. Eastlake, Salt Creek Ranch, Rancho San Miguel, etc.) that comprise anticipated development over the next 10 - 15 years, are already within the City's existing Sphere. Furthermore, given the 30-40 year buildout timeframes for the Otay Ranch project, and varying density of development, many of the more rural, eastern reaches of the project area are not envisioned to be built within the 15 year horizon of the sphere study, and/or to need urban levels of services from Chula Vista. An approximation of the intended sphere study area is depicted on Attachment B. In addition to the Otay Ranch, the Study will also address the Watson property which is already within the City's General Plan Area but not the sphere, and the existing sphere "Special Study Areas" designated by LAFCO in 1985. Despite this larger study area, the final sphere area recommended for LAFCO's consideration will likely be smaller, since some of the lands within this larger study area may not presently meet the LAFCO factors for sphere inclusion at this time. For example, the development densities may not necessitate urban services, or anticipated development timing may be beyond the 15-year horizon of the update process. Study of the larger area will clarify current unknowns regarding longer term development timing and related urban service provision/financing issues, and thereby provide the guidance necessary to determine an appropriate sphere boundary. "Outoarcels" LAFCO requires that lands proposed for sphere inclusion be within the General Plan of the proposing jurisdiction. At present, there are miscellaneous smaller property holdings adjacent to the Otay Ranch project area that are currently not within the City's General Plan Area, and would thereby require evaluation for General Plan amendment and associated environmental review. The majority of such properties are situated northeast of Upper Otay Reservoir, although some additional properties are also interspersed among the Otay Ranch holdings east of the Otay Reservoirs and extending to Hwy. 94. While some properties may thereby be excluded from -2- JJ~/O the present sphere study, it should be emphasized that LAFCO's periodic sphere review process offers future opportunities in 5-year increments, with the next review commencing in 1998. Staff envisions interested property owners using this interim period to address the necessary general planning and environmental review work in expectation of consideration in future sphere review/update efforts. LAFCO Soecial Studv Areas As previously noted, LAFCO will also require that the sphere study review the existing sphere area, in particular the four "Special Study Areas" established when the sphere was originally adopted in 1985. Those areas include the SR54 corridor with National City west of 1-805, National City's area of jurisdiction in southern San Diego Bay, the Otay River Valley area east of 1-805 south of Otay Valley Rd. in the City of San Diego, and the western parcel of Otay Ranch. Given the intended focus to Otay Ranch, and the fact that many issues surrounding the special study areas remain unresolved, staff will conduct a more basic evaluation of conditions and propose removal of the special study status, with the adopted sphere boundary remaining as is (Otay Ranch's western parcel excepted). LAFCO policy provides that. sphere/boundary issues between two cities can be addressed at any time, independent of the five-year comprehensive sphere review cycle. This would enable the City to focus the current study mainly on Otay Ranch, and at the same time retain our ability to study these areas when conditions warrant such. Studv Schedule It is anticipated that the overall study effort, including the proposal and adoption of an updated sphere boundary will take approximately one year. The last page of the subsequent work program outline presents a tentative timeline for major tasks. (sph-drft. wp) -3- 3/-// DRAFf 1994 SPHERE OF INFLUENCE WORK PROGRAM CITY OF CHULA VISTA EXECUTIVE SUMMARY LIST OF TABLES liST OF EXHIBITS I. PURPOSE AND SCOPE A Purpose and Scope of the Sphere of Influence and EIR A 1. Introduction: Purpose of Document A2. LAFCO and the Sphere of Influence A.3. CEQA Requirements B. Subregional History of Sphere of Influence/Annexations B.1. Chula Vista: Sphere of Influence Amendments B.2. Chula Vista: Recent Annexations B.3. City of Chula Vista Sphere/Annexation Policies BA. County Board Policy I-55 B.5. City of San Diego Sphere/Annexation Policies C. Project Summary C.1. Project Location C.2. Project History C.3. Project Objectives CA. Sphere of Influence Planning Area C.5. Recommended Sphere of Influence D. User's Guide II. EXISTING PLANS AND POLICIES A Introduction B. San Diego LAFCO C. City of Chula Vista Plans and Policies D. County of San Diego Plans and Policies E. City of San Diego Plans and Policies F. Regional Circulation/Mobility ID. PROJECf AREA A Otay Valley Parcel Area Sub Areas: A 1. Otay Ranch Villages 1-12. 18b A2. Eastlake Swap Properties A.3. Otay Mesa Industrial Areas 3)-'/2 A4. County Landfill B. Resort Area Sub Areas: B.l. Resort Village B.2. MPE Parcel B.3. Daley Properties C. Proctor Valley Area Sub Areas: c.l. North Proctor Valley C.2. Reverse L Parcel C.3. South Proctor Valley C.4. Watson Properties - South D. San Ysidro West Area Sub Areas: D.l. San Ysidro West Village D.2. Helix/Lambron/Mc Bain Properties E. Lower Otay Reservoir F. Palm Avenue-Special Study Area 207 G. Broadway-Special Study Area H. SR 54 and National City IV. REGIONAL OPEN SPACE/RESOURCE MANAGEMENT A Otay Ranch Resource Preserve and RMP B. MSCP C. NCCP V. AGRICULTURE A Introduction B. lAFCO Agricultural Policy C. City of Chula Vista Agricultural Plans and Policies D. County Agricultural Plans and Policies E. City of San Diego Agricultural Plans and Policies F. Existing Conditions G. Environmental Review G.l. Environmental Impacts G .2. Significance of Impacts G.3. Mitigation Measures VI. PUBliC FACIUTIES AND SERVICES A Otay Valley Analysis A 1 Access J) - /} A2 Drainage Basins A3 Water A4 Sewage AS Police A6 Fire and Emergency Medical A.7 Schools A8 Postal A9 Health and Medical A 10 Parks and Recreation B. Resort B.I Access B.2 Drainage Basins B.3 Water BA Sewage B.S Police B.6 Fire and Emergency Medical B. 7 Schools B.8 Postal B.9 Health and Medical B.IO Parks C. Reverse Land Watson Property C.l Access C.2 Drainage Basins C.3 Water CA Sewage C.5 Police C.6 Fire and Emergency Medical C.7 Schools C.8 Postal C.9 Health and Medical C.IO Parks VII. SOCIAL AND COMMUNITY IDENTITY A Postal Services B. School District Boundaries C. Newspaper Service D. Cable Service E. Regional Public Services F. Hospital Services G. Access 3/ -Ii -"- ,... '"'~_.^'~."~"...~-,,~_....--~~~._-".~._----,,~-"'.'""._---- H. Impact Analysis H.1. Otay Valley Parcel Area H.2. Resort Area I. Growth Inducement I. 1. Related Projects J. Air Quality K. Circulation/Mobility VIII. FISCAL IMP ACfS A Introduction B. Summary of Fiscal impacts C. FIND Model D. Fiscal Impacts by Sub Area D.1. Otay Valley Parcel Area D.2. Resort Area IX. RECOMMENDATION X. SOURCES A. Agencies and Staff Consulted B. References XI. APPENDICES XII. TECHNICAL REPORTS / J/,-/-> "------,..._..~.....~~,~",.~~~-~."---~-_.-'~--_.-..-. - _.._"~-,,^,,._,~~-- PROPOSED TENTATIVE SPHERE OF INFLUENCE STUDY SCHEDULE NOV. 24 NOV. 29-DEC. 3 DEC. 14 JAN. 1 JAN. 10-14 JAN. 25 FEB. 11 FEB. 22 FEB. 23-June 1 JUNE-JULY 1994 AUGUST 10 AUGUST 23 SEPTEMBER 1 DECEMBER 1994 (sp-alenl.sch) Discuss study approach/strategy and work program logistics with LAFCO staff. Finalize Draft Work Program. Report to City Council on: proposed approach to study and Draft Work Program outline. LAFCO input on above. authorization to proceed to public forum. Publish notice of first Public Forum. City and LAFCO hold joint public forum to present proposed City approach to study and Draft Work Program, and receive reaction/in put. Report to City Council on: outcome of public forum / issues. Final Work Program and schedule for study. the RFP for preparation of the EIR. Hold Study kick-off meeting with all parties to finalize/clarify roles, relationships, responsibilities, etc. Report to Council presenting results of RFP process and awarding EIR contract. Prepare Draft Study document and Draft EIR. (monthly progress/discussion meetings to be held with all involved parties in March, April and May). Compile final study and sphere proposal and DSEIR, route for comments, and hold public forum(s). Planning Commission public hearing. City Council public hearing. Submit for LAFCO processing and consideration. LAFCO public hearing and adoption of the sphere update. JI-/?