HomeMy WebLinkAboutPlanning Comm Reports/1993/07/14 (2)
City Planning Commission
Agenda Item for Meeting of July 14, 1993
Page 1
1.
PUBLIC HEARING:
PCS-90-07 Consideration of tentative map time extension
for Sunbow II. Chula Vista Tract 90-07 - Rancho Del Sur
Partnership
A. BACKGROUND
1. The applicant has submitted an application requesting a one year extension of the
tentative subdivision map known as Sunbow II, Chula Vista Tract 90-07. The
subdivision site is located south of Telegraph Canyon Rd., just east of Greg
Rogers Park (see locator).
The original subdivision was approved on May 22, 1990. The final subdivision
map has been submitted for review but has not received City Council approval.
2. An Environmental Impact report, EIR-88-1, which discusses potential
environmental impacts of the project, was previously adopted by the Planning
Commission and City Council. The proposed extension was reviewed in light of
the previous EIR and it was determined by the Environmental Review
Coordinator to be adequate for this action.
B. RECOMMENDATION
Adopt Resolution PCS-90-07E granting a one year extension to Chula Vista Tract
90-07 based on the findings and subject to the conditions contained therein.
C. DISCUSSION
1. Existing site characteristics.
The subject site is a 60 acre irregularly shaped vacant parcel located south of
Telegraph Canyon Road just east of the Greg Rogers Park. The existing terrain
consist of gentle to steeply sloping hillsides, broken mesas and some canyons.
Although the site has previously been cleared, it contains vegetation including
mixed grasses and chaparral on steeper portions. A major feature of the site is
Poggi Canyon, an east-west canyon which forms part of the drainage basin of this
area, and is part of the open space/scenic corridor system identified in the City's
General Plan.
City Planning Commission
Agenda Item for Meeting of July 14, 1993
Page 2
2. Previously Approved Development proposal
The approved Sunbow II subdivision consists of a total of 1163 lots, of which
1128 are single family residential, five are multifamily, and the remaining are
commercial, industrial, open space and an elementary school site. The approved
development is not proposed to be changed as part of this application.
3. Existing Tentative map.
The Sunbow II tentative subdivision map was originally approved on May 22,
1990. The map approval is for a period of three years unless a final map is
recorded or at least $125,000.00 of off-site improvements are completed prior to
the three year expiration date (May 22, 1993). Since none of the above occurred,
the Sunbow tentative map was due to expire on May 22,1993. However, the map
is presently protected by an automatic 60 day extension provided for by the
Subdivision Map Act. Thus, unless extended, the map will now expire.
4. Applicant Request
Pursuant to Section 66452.6(e) of the Subdivision Map Act, the applicant is
requesting a one year time extension.
D. ANALYSIS
The applicant originally filed for a three year time extension application.
However, due to time constraints to comply with recently adopted federal listing
of the California Gnatcatcher under the Federal Endangered Species Act, the
applicant has amended the application to a one year request in order to provide
additional time to resolve this issue. During this one year period the applicant
will not be able to obtain approval of a final map in accordance with new
condition No. 95. After compliance with the new listing is ensured, the applicant
intents to file an additional extension application for the remaining two years
allowed under the State Map Act.
The Engineering and Planning Departments, with applicant's concurrence, are
recommending several new conditions. The new conditions primarily reflect
clarifications and refinements of existing conditions as well as re-statements of
general code requirements. Generally, the City cannot add conditions of approval
to previously approved tentative maps unless the applicant/property owner agrees
and accepts the new conditions. The applicant has accepted the new conditions
and modifications to the existing conditions (see attached applicants agreement
accepting new conditions).
City Planning Commission
Agenda Item for Meeting of July 14, 1993
Page 3
The new conditions address, among other items, the following major issues:
Growth Management Ordinance
Condition No 87 of the original City Council Resolution advises the applicant that
the City intends to adopt a Growth Management Element, Transportation Phasing
Program and other growth management implementation programs, and makes
them applicable to this project once adopted.
In 1990, after approval of the subdivision map, the City Council adopted the
Growth Management Element and Ordinance (Chula Vista Municipal Code
Chapter 19.20). A PFFP was prepared and approved, but Water Conservation
and Air Quality Improvement Plans were not required nor provided at the time
of tentative subdivision map approval. Thus, in order to bring the project into
compliance with present standards, staff is recommending that Water
Conservation and Air Quality Improvement Plans be prepared, and that the PFFP
be revised as necessary to address the new growth management programs,
including the new Chula Vista Eastern Transportation Phasing Plan, prior to
approval of any final subdivision map. This is clarified in new Condition No. 93.
Federal Listing
On March 25,1993, the U. S. Secretary of Interior Mr. Bruce Babbitt listed the
California Gnatcatcher as a threatened species pursuant to the Federal Endangered
Species Act. Upon review of the subject tentative map extension application, the
U.S. Fish and Wildlife Service requested a biology study of the site to detennine
the direct and indirect impacts to the gnatcatcher habitat associated with the
proposed project.
The biology survey/study is presently underway, but total evaluation of the study
results by the U.S. Fish and Wildlife Service is not expected to be completed
until September of this year.
Once the field survey is completed, additional environmental documentation, as
well as changes to the existing tentative may be required before any final map is
approved.
To ensure compliance with all the pending environmental issues, staff is
recommending a new Condition No. 95 which is intended to preclude approval
of any final map during this one year period unless the applicant provides proof
of compliance with the Federal Endangered species act relative to the California
Gnatcatcher (see Planning Commission Resolution).
City Planning Commission
Agenda Item for Meeting of July 14, 1993
Page 4
Development Fees
To clarify Condition No. 55 (general Code requirements), the Engineering
Department is recommending a new Condition No. 90, as reflected in the
Planning Commission Resolution, to outline the fees that the present and
subsequent property owners will be required to pay at different stages of
development.
In addition to the new conditions, the Engineering Department has also recommended
modifications to some of the existing conditions, primarily to clarify the intent of the
conditions. The new and modified conditions are listed in the Planning Commission
Resolution.
E. CONCLUSION
The subdivision map, as conditioned, is in substantial compliance with the Municipal
Code and adopted City policies. A one year extension of the tentative map will allow
the applicant time to resolve the environmental issues and, if necessary, process any
environmental document to comply with the above mentioned Federal Endangered
Species Act relative to the California Gnatcatcher. In staff's opinion, the one year
extension requested by the applicant is supportable, particularly as conditioned to allow
no final map until all federal and local environmental issues are resolved.
(snbw.rpt)
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PROJECT
LOCATION
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CHULA VISTA PLANNING DEPARTMENT
C) APPLICANT: PROJECT DESCRIPTION:
SUNBOW II SUBDIVISION
ADDRESS: TENTATIVE MAP EXTENSION
SCALE: FILE NUMBER:
NORTH NO SCALE PCS - 90 - 07
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PLANNING COMMISSION RESOLUTION
RESOLUTION NO. PCS-90-07E
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING A TWELVE MONTH TENTATIVE MAP
EXTENSION FOR THE SUBDIVISION KNOWN AS SUNBOW II,
CHULA VISTA TRACT 90-07
WHEREAS, on May 22,1990, by resolution number 15640, the City Council approved
the tentative map for the subdivision known as Sunbow II Chula Vista Tract 90-07, which is was
due to expire on May 22, 1993.
WHEREAS, a duly verified application for a tentative subdivision map extension was
filed with the Planning Department of the City of Chula Vista on February 22,1993 by, Rancho
Del Sur Partnership, owner of the property prior to expiration of the tentative map, and
WHEREAS, said application, subsequently amended on July 1st, 1993, requested a 12
month tentative map extension to May 22,1994, and
WHEREAS, on June 30, 1993, the applicant and its possible successor in interest
accepted the clarifications of existing conditions and new conditions as set forth hereafter, and
WHEREAS, the Environmental Review Coordinator has reviewed the previously certified
EIR -88-01 and found it adequate for the proposed time extension, and
WHEREAS, the Director of Planning set the time and place for a hearing on said
tentative subdivision map application and notice of said hearing, together with its purpose, was
given by its publication in a newspaper of general circulation in the city and its mailing to
property owners within 1000 feet of the exterior boundaries of the property at least ten days
prior to the hearing, and
WHEREAS, the hearing was held at the timye and place as advertised, namely 7:00 p.m.
July 14,1993 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said hearing was thereafter closed, and
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
finds as follows:
Pursuant to section 66473.5 of the Subdivision Map Act, the tentative subdivision map
for Sunbow II,Chula Vista Tract 90-07, as conditioned herein, remains in substantial
confonnance with the various elements of the City's General Plan as amended in 1989.
pcsc-res.pc
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION approves the
extension of the tentative map for Chula Vista tract for Chula Vista Tract 90-07 until May 22,
1994 subject to the conditions contained in the City Council Resolution No. 15640 and the
following modified, clarified and new conditions:
1. Replace condition 16 with:
Enter into an agreement with the City to insure that all franchised cable
television companies ("Cable Company") are permitted equal opportunity
to place conduit and provide cable television service to each lot within the
subdivision prior to approval of Final Maps for each phase or unit.
Restrict access to the conduit to only those franchised cable television
companies who are, and remain in compliance with, all terms and
conditions of the franchise and which are in further compliance with all
other rules, regulations, ordinances and procedures regulating and
effecting the operation of the cable television companies as same may have
been, or may from time to time be issued by the City of Chula Vista.
2. Add to the end of condition 28 the following:
Execute grant deeds for each lot granted to the City.
3. Revise condition 43 to read "... pre-development flow for a 100 year storm. "
4. Add to the end of condition 45 the following:
Accomplish the following prior to approval of a Final Map for any unit
or phase which requires drainage detention and/or filtration basin(s)
a. Prepare a maintenance program including a schedule and a
financing mechanism for said detention and/or filtering basins.
Said program shall be subject to approval of the City Engineer.
b. Enter into an agreement with the City of Chula Vista and the state
Department of Fish and Game wherein the parties agree to
implement the basin maintenance program.
5. Add to condition 68 after the second sentence the following:
Submit a deposit of $1,500 to process the annexation of the area into said
open space district. All cost of said annexation and other costs associated
with the processing of the open space relating to this project shall be
borne by the developer. Submit a list of items to be included in the open
space maintenance district.
pcsc-res.pc
6. Add to the end of condition 83 the following:
Grant to the City on any final map that contains a lot dedicated in fee to
the City, a 10 foot general utility easement parallel with and adjacent to
the street right-of-way.
7. Add new condition 90 to read as follows:
90. Pay the following fees in accordance with the City Code and Council
Policy:
a. Transportation and Public Facilities Development Impact
b. Signal Participation
c. School
d. All applicable sewer fees
e. Telegraph Canyon Drainage and Sewer Basin
f. Pay the SR 125 Transportation Development Impact fee as may be
adopted by the City Council in the future.
g. Pay the amount of said fees in effect at the time of final map or
building permit as required by the City Code.
8. Add new condition 91 to read as follows:
91. Provide to the City a letter from Otay Municipal Water District indicating
that the assessments! bonded indebtedness for all parcels dedicated to the
City have been paid or that no assessments exist on the parcel(s).
9. Add new condition 92 to read as follows:
Applicant's successors in interest shall indemnify the City, its employees,
and agents from any or all lawsuits and liabilities in connection with
granting this Tentative Map extension and waives any claims arising from
placing conditions upon such extension of the Tentative Map, whether the
issues and liabilities are raised by The Rancho Del Sur Partnership any
successor in interest or any third party.
10. Add new condition 93 to read as follows:
Prepare and submit and obtain City Council approval of Water
Conservation and Air Quality Improvement Plans before approval of the
first Final Map.
pcsc-res.pc
11. Add new condition 94 to read as follows:
Comply with all requirements of the Public Facilities Financing Plan for
the project, as may be amended to conform with the City's adopted
Growth Management Program, pursuant to Section 19.09.120 of the
Municipal Code.
12. Add new condition 95 to read as follows:
Prior to consideration of any final subdivision map or grading permit for
any portion of the subject site, proof of an incidental take permit under
Section 7, Section lOa of the Endangered Species Act or any other form
of approval by the USF&WS relative to the California Gnatcatcher or CSS
shall be provided to the Environmental Review Section of the Planning
Department. If such permit is not required, written verification to that
effect from the U.S Fish and Wildlife Service shall be provided. Any
project redesign require reconsideration by the appropriate City
decisionmaking body.
That a copy of this resolution be transmitted to the owners of the property and the City
Clerk.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this July 14,1993 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Susan Fuller, Chairperson
ATTEST:
Nancy Ripley, Secretary
pcsc-res.pc
CITY COUNCIL RESOLUTION
No 15640
(Original Map Approval)
Ttv1. "'..oNDITION?
RESOLUTION NO. 15640
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING TENTATIVE SUBDIVISION MAP KNOWN AS CHULA VISTA
TRACT 90-07 AND COMMUNITY DESIGN GUIDELINES FOR THE
SUNBOW II PROJECT, LOCATED SOUTH OF TELEGRAPH CANYON
ROAD, ADJACENT TO THE CHULA VISTA MEDICAL CENTER, EAST OF
GREG ROGERS PARK
The City Council of the. City of Chula Vista does hereby resolve as
foll ows:
WHEREAS, Rancho Del Sur Partnership has submitted a tentative subdivision
m,?p known as Chul a Vi sta Tract 90-07, Sunbow II, in order to subdi vi de
~pproximately 602 acres into lots for Single and Multiple-family Residential,
Commercial, Community Recreation, Industrial Park, candidate Elementary School
site and Open Space, and
WHEREAS, also submitted for consi derati on and adopti on is the Sunbow II
Community Design Guidelines; - a design manual whose purpose will be to guide
the design of future site plans, architecture and landscape architecture
within the Sunbow II Planned Community, and
WHEREAS, the property, which is located south of Telegraph Canyon Road
adjacent to the Chula Vista Medical Center, was annexed to the City of Chula
Vista after a public hearing at the City Council on February 20, 1990, and
WHEREAS, the required public hearings at the Planning Commission and the
City Council on the Sunbow II General Plan, Zone Change, SPA Plan and
Environmental Impact Report have been concluded, and
WHEREAS, all plan approvals and certification of the EIR have been duly
adopted by the City Council at the recommendation of the Planning Commission,
and ~
WHEREAS, the Ci ty Envi ronmental Coordi nator has revi ewed the proposed
Tentative Map and Design Guidelines and determined that they are in
conformance with the SPA Pl an, therefore, no separate envi ronmenta 1 revi ew
would be necessary, and
WHEREAS, on April
recommend that Counci 1
PCS-90-07/PCM-90-0l.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the tentative subdivision map for Sunbow II, Chula
Vista Tract No. PCS-90-07and Sunbow II Community Design Guidelines, PCM-90-0l
based on the following findings:
25, 1990, the Planning Commission voted 5-0 to
approve the proposal in accordance wi th Resol uti on
"Resolution No. 15640
Page 2
Pursuant to Section 66473.5 of the Subdivision r~ap Act, the tentative
subdivision map for Sunbow II, Chu1a Vista Tract 90-07, is found to be in
conformance with the various elements of the City's General Plan based on
the fo 11 owi ng:
1. The site is physically suitable for residential development and the
proposal conforms to all standards established by the City for such
proj ects.
2. The design of the subdivision will not affect the existing
improvements, - streets, sewers, etc., - which have been designed
to avoid serious problems.
3. The project is in substantial conformity with the Chula Vista
General Plan Elements as follows:
a. Land Use - The project is consistent with the adopted Sunbow
II General Development Plan and SPA Plan, which, in turn,
conform to the Chula Vista General Plan. The residential
dwelling unit total of 1946 units is at the mid-range of the
residential units permitted here by the General Plan.
b. Circulation - The project will be served by public streets
which conform to City standards, and which are listed in the
City General Plan Circulation Element. All on-site and
off-site improvements wi 11 be install ed in accordance with
the Public Facilities and SPA Plan for Sunbow II.
c. Housing - The project will provide housing by type and
residential density, consistent with City General Plan and
Sunbow II SPA Plan designations.
d. Conservati on - No cultural resources have been found on the
site. Sensitive biological resources identified in
Envi ronmenta 1 Impact Report are bei ng I1rotected accordi ng to
all the prescribed mitigation measures, special attention
being paid to the long-term preservation of Poggi Canyon.
e. Park and Recreation, Open Space - Approximately 180 acres (30
percent) of the site is dedicated to permanent open space.
This is greater than the area shown in the City General Plan.
A 10 acre Community Recreati on Center compri si ng acti ve and
passive recreation uses will be dedicated to the City as part
of an i n-l i eu-of pa rk fees agreement. Thi s faci 1 ity wi 11
assure provision of much needed recreation facilities in this
geographical location.
f. Seismic Safety - A fault trace known as the La Nacion fault
has been identified, and it crosses over mostly open space
designated areas on the site. All construction and building
setbacks in the proximity of, or adjacent to thi s fault,
shall be subject to the recommendations of a qualified
geologist.
."
Resolution No. 15640
Page 3
g.
Safety - A new fire station is planned to be built within the
Sunbow development. Thi s wi 11 permit properly equi pped uni ts
to respond to 85% of all emergency calls within 7 minutes.
Fi re hydrant spaci ng, and water pressure requi rements wi 11
meet the standards set by the City. Police response times
are within the threshold standard.
h.
Noise - Final development plans and grading plans will be
requi red before a site-speci fic acoustical analysi s can be
prepared by the applicant to determine specific mitigation
measures which must be appl ied for residential areas with
potential noise levels over 65 dBA. Very few areas are
potentially impacted; e.g. the facades of buildings adjacent
to portions of Medical Center Drive .and Naples Street could
range up to 69 dbA CNEL.
i.
Sceni c Hi ghway - East Orange Avenue traverses Poggi Canyon
which forms part of a scenic corridor. Almost all of the 180
acres of permanent open space which will be publ icly
dedicated in Sunbow II lies in this location. Additional open
space dedi cati on and 1 andscapi ng wi 11 occur adjacent to the
Telegraph Canyon Road scenic corridor.
Bicycle Routes - City and County staff are working together
to locate on-street and off-street bicycle lanes and pathways
along East Palomar Street and East Orange Avenue. In both
these 1 ocati ons, there are suffi ci ent ri ghts-of-way for the
implementation of either on-street or vehicular-separated
bicycle travel options.
Public Buildings - The project will be incorporated into an
established Me11o-Roos District in order to provide for
adequate school facilities. The Corranunity Recreation Center
building will also become. a public facility which
incorporates recreation uses an~community meeting rooms.
j.
k.
BE IT FURTHER RESOLVED that sai d tentati ve map and communi ty desi gn
guidelines are subject to the following conditions:
1.
a.
The property owner shall be responsible for the construction
of full street improvements for all the publ ic streets shown
on the Tentative Map within the subdivision boundary and for
the constructi on of necessary off-site improvements as
identified in the Sunbow Public Facilities Financing Plan
(SPFFP) and EIR. Street "NN" shall be constructed to
Industrial Street Standards.
b. Said improvements shall include, but not be limited to,
asphalt concrete pavement and base, concrete curb, gutter and
sidewalk, sewer, water and drainage facilities, street
lights, traffic signs, fire hydrants, transitions to existing
improvements, traffic signals, street trees and bike lanes as
required to meet City standards for street sections.
Resolution No. 15640
Page 4
c.
All streets shall confonn to the City's
Standards Policy unless otherwise approved
Engi neer.
Street Design
by the City
2. The property owner shall acquire and convey easements for all off-
site, streets, pUblic stonn drains and sewers prior to approval of
the Final Map.
3. All work within the public right-of-way shall be done in accordance
with the current editions of Standard Specifications for Pub1 ic
Works Constructi on, the San Di ego Area Regi ona 1 Standard Drawi ngs
and the Desi gn and Constructi on Standards of the Ci ty of Chu1 a
Vista. All design shall confonn to City of Chu1a Vista Subdivision
Manual (edition in effect at time the tentative map is approved),
the current Standard Dra\~ings, and the Street Design Standards
Pol icy (1 989) .
4. The property owner shall notify the Ci ty at 1 east 60 days pri or to
consideration of the Final Map by City if offsite right of way
cannot be obtained as required by the Conditions of Approval.
(Only offsite right of way or easements affected by Section 66462.5
of the Subdivision Map Act are covered by this condition).
After said notification, the owner shall:
. a. Pay the full cost of acqui ri ng offs ite ri ght of way or
easements required by the Conditions of Approval of the
Tentative Map.
b.
Deposit with the City the
ri ght of way or easements.
the City Engineer.
c. Have all easement and/or right of wa:. documents and plats
prepared and appraisals complete Wh1Ch are necessary to
commence condemnation proceedings.
estimated cost of acquiring said
Said estimate to be approved by
d. If the developer so requests, the City may use its powers to
acquire right of way, easements or licenses needed for
offsite improvements or work related to the tentative map.
The developers shall pay all costs, both direct and indirect
incurred in said acquisition.
The requirements of a, band c above shall be accomplished prior to
approval of the Final Map.
All offsite requirements which fall under the purview of Section
66462.5 of the State Subdivision Map Act will be waived if the City
does not comply with the 120 day time limitation specified in that
section of the Act.
5. The property owner may be reimbursed from the DIF, or from
applicable reimbursement districts as they may be fonned in the
future, for offsite right-of-way or easements necessary to complete
improvements required by the DIF program or reimbursement districts.
Resolution No. 15640
Page 5
6. An erosion and sedimentation control plan shall be prepared as part
of the grading plans.
7. The property owner shall comply with all relevant Federal, State
and Local regulations, including the Clean Water Act. The
developer shall be responsible for providing all required testing
and documentation to demonstrate said compliance as required by the
City Engi neer.
8. The property owner shall guarantee the construction of all interior
public improvements required for development of any unit of
development prior to approval of the Final Map for said unit.
9. Prior to Final Map approval, the property owner shall enter into an
agreement with the City whereby:
a. The property owner agrees that the City may withhold building
pennits for any units in the subject subdivision if anyone
of the following occur:
1. Regional development threshold limits set by the East
Chu1a Vista Transportation Phasing Plan have been
reached.
2. .Traffic volumes, levels of service, public utilities
and/or services exceed the adopted City threshold
standards.
b.
The property owner agrees that the City may withho1 d
occupancy permits for any of the phases of development
identified in the Sunbow Pub1 ic Facil ities Financing Plan
(SPFFP) if the required public facilities, as identified in
the SPFFP or as amended by the Annual Monitoring Program have
not been completed.
-
The property owner may propose changes in the timi ng and
sequencing of development and the construction of
improvements affected. In such case, the SPFFP may be
amended as approved by' the City Planning Director and Pub1 ic
Works Di rector.
Phase
IA
1B
1C
IIA
lIB
III
Facilities Needed*
I, Z, j, 4, !>, b, Z!>
7, 9
10
11, 12, 13
12A
14, 15
(See Table I for
description of
each facil ity)
* Facilities shall be guaranteed prior to approval of Final
Map for the corresponding phase and completed prior to
issuance of occupancy pennits for each corresponding phase.
Resolution No. 15640
. Page' 6
TABLE I
Facil ity
1
Descripti on
Medi ca 1 Center Dri ve - construct four-1 ane Collector Medi ca 1
Center Court to East Palomar Street
2
Medical Center Drive - construct Class I Collector - East
Palomar Street to Brandywine Avenue
3
4
East Palomar Street - striping - I-80S to Oleander Avenue
East Palomar Street - construct four-lane Major one lot east
of Oleander Avenue to Medical Center Drive
5
Telegraph Canyon Road - widen to six-lane Prime Arterial
Oleander Avenue to eastern SPA boundary
Telegraph Canyon Road widen the north side to provide four
westbound travel 1 anes from I-80S northbound on-ramp to a
point easterly of Ha1ecrest
6
7
East Orange Avenue construct five lanes of a six-lane Major -
Oleander Avenue to Medical Center Drive.
9
East Palomar Street - construct four-lane f1ajor - Medical
Center Drive to limit of Phase IB development
11
East Palomar Street - construct four lane major - from Phase
IB development to Paseo Ladera
East Palomar Street - construct four lane Major from Paseo
Ladera to eastern SPA boundary
..
10
12 Paseo Ladera - construct four-1 ane Co11 ector - Tel egraph
Canyon Road to East Palomar Street
l2a Installation of Traffic Signa'l at East Palomar Street and
Paseo Ladera
13 Telegraph Canyon Road and I-80S - Install a traffic signal at
southbound ramp and widen the southbound on/off ramp to
accommodate the dual left turn lanes to southbound I-80S
14 East Orange Avenue improve one-half width of a six-lane Prime
Arterial from Medical Center Drive to east SPA boundary
15 Telegraph Canyon Road and I-80S - widen south side of
Telegraph Canyon Road under the 1-805 overcrossing to provide
a thi rd eastbound through 1 ane and restri pe/wi den the
northbound off ramp to provi de two north bound to eastbound
right turn lanes.
Resolution No. 15640
Page 7
25 Construct off-site sewer to serve Poggi Canyon Basin
10. Prior to Final Map Approval:
a. The property owner shall agree to not protest fonnati on of a
district for the maintenance of lighting and landscaped
medians and parkways along streets within and adjacent to the
subject property.
b. The property owner shall agree to not protest fonnation or
inclusion in an Open Space District.
c. The property owner shall agree to not protest fonnati on or
inclusion in a district for the maintenance of the Telegraph
Canyon drainage channel.
d. The property owner shall agree to not protest fonnation or
inclusion in a district for the maintenance of Poggi Canyon
drainage facilities.
e. The property owner shall agree to not protest fonnation or
inclusion in a sewer reimbursement district.
11. An improved access road wi th a mi nimum wi dth of 12 feet shall be
provided to sanitary sewer manholes. The roadway shall be designed
for an H-20 wheel load or other 1 oadi ng as approved by the City
Engineer. Compacted decomposed granite may be used for access
roads in Poggi Canyon.
12. Graded access shall be provi ded to all pub1 i c stonn drain
structures i nc1 udi ng i n1 et and out1 et structures. Improved access
as detennined by the City Engineer shall be provided to pub1 ic
drainage structures located in the rear yard of any residential lot.
13. Lot lines shall be located at the to~ of slopes except as approved
by the City Engineer. Lots shall be so graded as to drain to the
street or an approved drainage system. Drainage shall not be
pennitted to flow over slopes.
14. The boundary of the subdivision shall be tied to the California
Coordinate System - Zone VI (1983).
15.
All verti ca 1 curves and i ntersecti on corner
requirements shall confonn to the requirements
Highway Design f4anua1.
16. The property owner shall provi de access on an equal basi s to and
upon individua110ts for all franchised cable television companies.
si ght di stance
in the Ca1Trans
17. Prior to Final Map approval, the property owner shall enter into an
agreement with the City wherein the City is held hann1ess from any
1 iability for erosion, siltation or increased flow of drainage
resulting from this project.
Resolution No. 15640
Page' 8
18. The property owner shall be responsi bl e for the constructi on of
street, sewer, drainage, etc., improvements as outl ined in the
Public Facilities Financing Plan for Sunbow.
19. East Palomar Street, East Orange Avenue, and Medical Center Drive
are designated bike routes in the Circulation Element of the
Genera 1 Pl an. Accordi ng1y, property owner shall provi de the
necessary signs and markings to effect the bicycle plan as required
by the City Engineer.
20. The property owner shall be responsible for obtaining adequate
off-site right-of-way and for construction of off-site
improvements, from the southerly end of Medical Center Court to the
subdivision boundary as detennined by the City Engineer.
21. The property owner's obligation to improve or parallel the existing
Poggi Canyon Trunk Sewer segments which exceed design capacity due
to flows from this development shall include an oversizing of or
paralleling of existing sewer lines as may be necessary to
accommodate the ultimate projected flow from areas tributary to the
Poggi Canyon sewer basi n, and the flow as di verted from the Palm
Canyon basin. The property owner may request the fonnation of a
reimbursement district and a reimbursement a9reement in accordance
with Chapter 15.50 of the Municipal Code.
22. The property owner shall obtain pennission from the City to deposit
sewage in a foreign basin prior to approval of any Final Map. The
permi ssi on shall be in the fonn of an agreement whereby the City
shall agree to such transfer.
23. Prior to Final Map approval, the property owner shall enter into an
agreement whereby the property owner agrees to:
a. Fund a study for the preparati on of. a Poggi Canyon Sewer
Basin Improvement and Financing Plan.. 'Said Basin Plan shall
provide (1) an estimate of the ultimate sewage flows; (2) the
necessary additi ons to the exi sting sewer system to provi de
adequate capacity for said flows; (3) a method to fairly
allocate the cost for providing the needed improvements; (4)
a method for reimbursement to developers .providing sewer
improvements as outlined in the Basin Plan. funds provided
by property owner for preparation of the Basin Plan shall be
subj ect to reimbursement from fees as may be estab 1 i shed by
said Basin Plan.
b. Participate in funding of the necessary facilities to provide
downstream sewer capacity in the Main Street and Date-Faivre
trunk sewers for those sewer segments whi ch thi s development
causes to exceed. City design capacity standards. The
property owner may request the fonnati on of a reimbursement
di stri ct and a reimbursement agreement in accordance with
Chapter 15.50 of the Municipal Code.
Resolution No. 15640
Page 9
c. Provide appropriate security to guarantee the ability to
restore the trunk sewers' reserve capacity to a level and
condition that would otherwise exist but for sewage diverted
into the Poggi Basi n by the Sunbow proj ect. Sai d security
may be waived if the property owner can demonstrate to the
satisfaction of the City Engineer that the cost of
improvements constructed by the property owner is equal to or
greater than the total of (1) the fai r cost responsi bil i ty
for necessary improvements as detennined by the Basin Plan
and (2) the cost of improvements necessary to restore the
reserve capacity.
24. The property owner shall enter into an agreement with the Ci ty
whereby the property owner agrees to participate in 'the monitoring
of exi sti ng sewage flows in the Tel egraph Canyon Trunk Sewer and
the financing of the preparation of the Basin Plan and, pursuant to
any adopted Basin Plan, agree to participate in the financing of
improvements set forth therein, in an equitable manner. Said
agreement shall be executed by the property owner pri or to Fi na 1
Map approval.
25. East Palomar Street shall maintain mlmmum curve radii of 1100'
east of 01 eander Avenue un1 ess otherwi se approved by the Ci ty
Engineer.
26.
Juniper Street shall tenninate in
intersection with Laurel Avenue.
responsible for improvements to the
Engineer.
27. The minimum cul-de-sac and knuckle frontage shall be 35' at the
property line, unless approved by the City Engineer and Director of
Planning.
a modified knuckle at the
The developer shall be
satisfaction of the City
28. Open Space areas which are to be.1IIaintained by an open space
district shall be granted to the City in fee.
29. A lot 1 ine adjustment for Lots 1 through 3 of Unit 1 shall be
processed in conjunction with approval of the Final Map for Unit 1.
30. The maximum grade along Paseo Ladera shall not exceed 8%.
31. Access rights to Rancho del Sur, Phase 1, Unit 1 of Map 12060 from
Unit 12 shall be relinquished. Emergency access shall be pennitted
as detennined by the City Engineer.
32. Where exi sting bui1 dings are located near proposed manufactured
slopes, the soil engi neer shall determi ne bui 1 di ng setbacks from
the slope. Prior to issuance of a grading pennit, the soils
engineer's recommendations shall be incorporated into the soils
report.
33. Sight visibility easements shall be granted as necessary to comply
with the requirements in the CalTrans Highway Design f4anua1.
Resolution No. 15640
Page' 10
34. East Orange Avenue shall be constructed to the easterly subdivision
boundary unless a shorter distance is approved by the City Engineer.
35. Building setbacks from the La Nacion fault shall be as recommended
by a qualified geologist.
36. The soil report shall be amended to provide recommendations
relative to building setbacks. The amendment shall be provided
pri or to issuance of a gradi ng penni t and fi na 1 recommendati ons
provided prior to issuance of any building pennits.
37. The location of street entries and major entries for multi-family
projects to public streets shall be approved by the City Engineer.
38. All streets within the multi-family developments shall be private.
Detailed horizontal and vertical alignment of the centerline of
said streets shall be reflected on the improvement plans for said
developments. Design of said streets shall meet the City standards
for private streets.
39. All subdivisions proposing private streets with controlled access
devices, such as gates, shall contain the following features:
a. Gates shall be approved by the City Engineer. Gates shall be
located to provide sufficient room on the private roadway to
queue without interrupting traffic on public streets.
b. A turn around shall be provided at the location of the gate.
The size and location of said turn around shall be approved
by the City Engineer.
c. the border between public street and private street shall be
delineated through the use of distinctive pavement.
d. Provisions shall be made for emergency vehicle access.
40. All the streets shall be dedicated as shown on the subject
Tentative Map except Street "NN" which shall be dedicated to
Industrial Street Standards. Detailed horizontal and vertical
alignment for said streets shall be reflected on the improvements
plans for the subject subdivision or any unit thereof. Design of
said streets shall meet all City standards for public streets.
41. At the intersection of East Palomar Street and Street "YY", no
left-turn movements shall be allowed onto East Palomar Street.
42. The property owner shall be responsible for installation of a
traffic signal at the intersection of East Orange Avenue and
Medical Center Drive prior to approval of Final Map of Unit 19.
Said improvements may be included in the Transportation DIF program
in the future.
Resolution No. 15640
Page 11
43.
The property owner shall
stonnwater discharge flows do
50 year design stonn.
be responsible for ensuring that
not exceed predeve10pment flows for a
44. The curve radius of the access to the school site (Street "M" to
the i ntersecti on wi th Street "RR") shall meet or exceed the
requirements for a Class 3 collector. Deviation from this Standard
may be approved only if it can be demonstrated by a regi stered
ci vi 1 engi neer that the Ci ty Standards are not reasonably
achievable. Any deviation must confonn with common engineering
practice and standards in consideration of public safety.
45. Prior to issuance of a grading pennit for areas draining to the
detenti on basi n at the southerly boundary, the developer shall
guarantee maintenance of the basin until such time as final grading
for each basi n has been comp1 eted and the City, through the Open
Space Maintenance District, accepts the maintenance responsibi1 ity
for said basins. The City may accept responsibility for each basin
separately.
46. Prior to approval of any Final Map which includes a portion of East
Orange Avenue or East Palomar Street, the property owner shall
submit plans demonstrating the feasibility of the extension of said
streets.
47. The proposed sewer main and associated manholes shall not be
located in the raised medians.
48. The construction of stonnwater detention basins in the Poggi Canyon
Drainage Basin shall be phased with the development of the southern
portion of the Sunbow project, and the construction of East Orange
Avenue. All costs associated with the construction shall be
initially borne by the property owner.
Should a drainage improvement distric~ be fonned at a later date to
accommodate upstream fl ows, excess capaci ty provi ded by SUr]bow may
be reimbursed from the drainage district.
49. Underground traffic signal equipment and traffic signal standards
shall be installed at the following intersections:
a. Paseo Ladera and Telegraph Canyon Road
b. Medical Center Drive and Medical Center Court
.c. East Palomar and Medical Center Drive
d. East Palomar and Paseo Ladera
Mast anns, signal heads and associated equipment shall not be
installed unless approved by the City Engineer.
50. Interconnect conduit, pull boxes and pull rope shall be installed
to connect the following intersection signal systems:
Resolution No. 15640
Page 12
a. Telegraph Canyon Road/Paseo Ladera to Telegraph Canyon
Road/Medical Center Drive
b. Paseo Ladera/East Palomar to Medical Center Drive/East Palomar
c. Medical Center Dri ve/East Palomar to t1edical Center
Drive/Telegraph Canyon Road
d. Medical Center Dri ve/East Palomar to Medical Center
Drive/Orange Avenue
51. Striping plans shall be submitted for the following streets: Paseo
Ladera, Medi ca 1 Center Dri ve, East Palomar, East Orange Avenue,
Street "J". Striping plans shall be approved in conjunction with
improvement plan for said streets by the City Traffic Engineer.
52. The property owner shall grant the City l' control lots adjacent to
the following streets
a. East end of East Palomar Street
b. East end of East Orange Avenue
53.
The property
drain plans
Additi ona lly,
and all final
owner shall submi t "as bui It'' improvement and stonn
as required by the City Subdivision Manual.
the property owner shall provide the City said plans
maps in DXF file fonnat.
54. Prior to approval of any building pennits for single family
residential use, the developer shall submit a list of proposed lots
indicating whether the structure will be located on fill, cut, or a
transition between the two situations.
55. The property owner shall comply with all applicable sections of the
Chu1a Vista Municipal Code. Preparation of the Final' Map and all
plans shall be in accordance with the provisions of the Subdivision
Map act and the City of Chu1 a Vi sta Subdi vi si on Ordi nances and
Manual.
..
.' ,
56. The proposed Fire Station site, Lot "X", located south of Unit 2,
Planning Area 13, is required to meet City criteria for fire
station design and layout. The lot size will be at least 1 acre
with a minimum usable area of .80 acre, or modified to the approval
of the Fire Chief.
, 57. Fire hydrants shall be required at maximum 500 ft. spacing subject
to review and approval of the Fire Marshall. Main pressure shall
not exceed 150 psi, and residual pressure shall be 20 psi.
58. Fire hydrants to be installed, tested and operational prior to any
combustible materials placed on site; 1000 gpm for single family
development; fi re flow for multi -family dwell i ngs based on
construction type and square footage (1988 UFC, Appendix III-A;
commercial to be determined. Roadway access for fire apparatus
shall be provided to coincide \~ith construction. Fire department
requires minimum turning radius of 40 feet in order to turn fire
apparatus.
Resolution No. 15640
Page 13
59.
Prior to Final Map
shall be prepared
Coordi nator.
approval, a site-specific acoustical analysis
and submi tted to the City Envi ronmenta 1
Acoustical barrier section as well as housing construction and
design for any residential areas identified within a 65 dBA contour
or greater shall be subject to review and approval by the Chu1 a
Vista Building Director to ensu.re interior noise limits of 45 dBA.
In addition, the Planning Director shall review and have approval
authority for barrier and/or building design to ensure line of site
acoustical protection for all exterior areas subject to 65 dBA
contours or greater.
60. Retaining walls shall have a maximum height of 7.5 ft., or be
otherwi se approved by the Di rector of P1 anni ng. The restri cti ons
on retaining walls shall be included with the CC&R's.
61. The City may require a street guardrail to be placed by the
developer along the south edge of East Orange Avenue, and, a
protective fencing .system may be installed around the water
retention basins in this area. The final designs and types of
construction materials shall be subject to approval of the Director
of Planning and City Engineer.
62. Walls and fences shall be constructed per the wall and fencing plan
shown in the SPA Plan, adjusted accordingly in their placement, due
to tentative map site planning refinements.
63. All open space lots adjacent to public rights-of-way shall maintain
a mi nimum wi dth so as to provi de 10 feet of 1 andscapi ng treatment
behind the back of sidewalk, or as otherwise approved by the
Director of Planning.
64. Boundary separation of open space lot Lot "F", Unit 1, from Greg
Rogers Park property, will follow tht! eastern edge of the service
road which coincides with the sewer easement in this vicinity.
65. The disturbance and loss of vegetation due to grading in the
vicinity of Greg Rogers Park and the Chu1a Vista Boys and Girls
Club, will be replaced and relandscaped to the approval of the
Director of Parks and Recreation.
66. Overlook areas for Poggi Canyon (Lot "K") , 1 ocated at south
tenni nus of Street "J", south tenni nus of Street "S", south
tenninus of Paseo Ladera and the south tenninus of Street "AA" ,
shall be designed and constructed to the approval of the Director
of Parks and Recreation.
67. In exchange for the development, and dedication by the developer to
the City of a Park and Recreation complex, which is subject to the
approval of the Director of Parks and Recreation as described in
the Sunbow II SPA Plan and Public Facilities Financing Plan, all
Park Acquisition and Development (PAD) fees shall be waived. (Refer
to Sunbow II SPA Plan and Public Facilities Financing Plan
documents) .
Resolution No. 15640
Page' 14
68. Applicant shall request annexation to Open Space District 18. Open
space areas which are to be maintained by an open space district
shall be dedicated to the City in fee title. Landscape maintenance
of this open space shall be accomplished by the developer or
homeowners association for a minimum period of one year, which may
be extended, until such time as accepted into the open space
maintenance district by the Director of Parks and Recreation and
City Landscape Architect. Lot "DO" and adjacent off-site graded
areas shall be landscaped by the developer and maintained by the
developer or homeowners associ ati on unti 1 such time as the enti re
area can be added to the open space district, subject to acceptance
by the Director of Parks and Recreation and City Landscape
Architect.
69. For walls which are located within the open space maintenance
district, owners of adjoining lots shall sign a statement when
purchasing their homes that they are aware that the wall is on City
property and that they may not modify or supplement the wall or
encroach onto City property. These restrictions shall also be
reflected in the CC&R's for each lot.
70. Prior to Final Map approval landscape and irrigation plans, erosion
control p1 ans, and detai 1 ed water management gui del i nes for all
landscape irrigation including all open space lots, shall be
submitted and subject to review and approval of the City Landscape
Architect and Di rector of Parks and Recreation. The 1 andscapi ng
format within the project shall be to emphasize native,
drought-resistant plant material. Excluded from the requirement
are active recreational areas. Exceptions can a1 so be made for
areas where reclaimed water is exclusively used.
71. Water pipe shall be placed within the project to accommodate
rec1 aimed water use on site in accordance with p1 ans approved by
the Otay Water District and the City Engineer,
..
72. Developer shall provide on-site infrastructure to accept and to use
reclaimed water, when it is available, from the appropriate
di stri ct to use such water for park and parkway 1 andscapi ngand the
proposed park pond.
73. As needed by the City, developer shall provide access to open space
areas for maintenance and fire protection. Prior to Final Map
adoption, adequacy and placement of such access shall be approved
by the City Fire Marshall and Director of Parks and Recreation.
74. Prior to Final Map approval, the open space trail system and
adjacent landscaping shall be mapped, and be subject to the
approval of the Director of Parks and Recreation.
75. Slopes on the south side of the future Palomar Street extension,
just east of Oleander Avenue, which face onto the street, shall be
included in Open Space District 18. (Flair Banks - presently Park
lands) .
Resolution No. 15640
Page 15
76. Telegraph Canyon Road medians (and parkways), as identified, in the
Sunbow Public Facilities Financing Plan, shall be included in Open
Space District 18.
77. Developer shall provide for clear visual and physical separations
wherever open space district areas interface with:
Privately maintained areas
school district maintained areas
fire department maintained areas
industrial park maintained areas
Parks division maintained areas
areas maintained by other public agencies
any and all other contiguous properties
Said separations or delineations may be theme walls, fencing, etc.
The Director of Parks and Recreation shall approve the design of
all said separations.
78. Open Space District-maintained street frontage landscaping should
not be extensions of the front yards of residences.
79. Turnover of maintenance of open space areas to the City will be
withhe1 d unti 1 all encroachments and dumpi ng issues (constructi on
and otherwise), which may occur during construction and landscape
maintenance by the developer are rectified by the developer, to the
satisfaction of the Director of Parks and Recreation.
80. The Final Map shall indicate the' area acreage for all open space
lots.
81. The developer shall ensure that prospective purchasers sign an
assessment di sc1 osure statement fully exp1 ai ni ng the fact they are
in a special open space district, and what the projected
assessments are anticipated to be, .b\!lth in the near future and at
ultimate subdivision build out. ' .
82. Brow channel s and ditches emanating from and/or running through
City Open Space shall not be routed through private property and
vi ce versa.
83. All utilities which service open space shall be located within City
open space or within dedicated City right-of-way.
84. Prior to Final Map approval, the developer shall prepare an
affordable housing program, acceptable to the Community Developer
Director, having an established goal of providing 5% of total
approved dwelling units for low income and 5% moderate income.
85. The 16 inch water line located south of East Palomar Street, along
the western property boundary of Unit 2, Planning Area 13, shall be
relocated, if necessary, per the requirements of the Otay Municipal
Water District.
Resolution No. 15640
Page 16
86. All development within the subdivision boundary shall be done in
compliance with the Sunbow Mitigation Monitoring Program.
87. The following statement shall be placed on the Fina1.Map:
"P1 ease be advi sed that the Ci ty of Chul a Vi sta intends to adopt a
Growth Management Element, Transportation Phasing Program, and
other related growth management implementation programs, which may
regu1 ate the 1 ocati on and timi ng of development in the City. The
City intends that development of property included in the Final Map
will be subject to the provisions of these programs. Owners listed
on this map shall be responsible for providing notification to any
purchaser or successor in interest to any portion of this property
of the City's intent in this regard".
88. Concurrent with the recordation of any final map for Sunbow II, the
developer shall submit an irrevocable letter of dedication to the
City of the 10 acre park site ,(Unit 15, Planning Area 9).
Thereafter, the City may exercise the option to accept this
dedication at any time of its choosing.
The dedi cati on does not alter in any way all the other condi ti ons
of approval relative to the turnkey status of the Community
Recreation Center, Olympic Swimming Pool and Park facility as
detailed in the Sunbow II Public Facilities Financing Plan.
89. f1ultip 1 e fi na 1 maps can be approved on the tentati ve map bei ng
considered, prior to the expiration of the tentative map, pursuant
to Government Code Section 66456.1.
Before recordati on of any fi na1 map for any unit, the provi si on of
all facilities affecting the Phase (as defined in the Public
Facilities Financing Plan) of which the unit is a part shall be
guaranteed in accordance with the timi ng and other requi rements of
the Public Facilities Financing Plan. In addition, all agreements
required pursuant to the conditions of 'approval for this tentative
map, the Sunbow II SPA Plan or Sunbow II General Development Plan
which relate to any unit, to the satisfaction of the Director of
P1 anni ng and City Engi neer shall be executed by Sunbow pri or to
approval of the final map. All such conditions or faci1 ities shall
be completed pri or to issuance of occupancy pennits, accordi ng to
the conditions listed in the Sunbow II Public Facilities Financing
Pl an.
Thi s condi ti on is not intended to, nor shall it pennit, the fi 1 i ng
of a master final map, unless approved by the City Engineer,
wherein each unit or phase is shown as a single lot for future sale
or financing purposes.
Presented by
Approved as to fonn by
ZL-I /( -tt-~
'.~J~'{ ....~, II,~.... ,- "
. - ~ ... L/ . I \ / -- ~..
u. Klchard Kudolt ..
Assi stant City Attorney..
Kobert A. Lelter
Director of Planning
Resolution No. 15640
Page 17
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chu1a
Vista, California, this 22nd day of May, 1990 by the following vote:
AYES: Councilmembers: McCand1iss, Moore, Nader, Cox
NOES: Counci1members: None
ABSENT: Counci 1members: Malcolm
ABSTAIN: Counci 1 members: None
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authe1et, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoi ng Reso1 uti on ~ No. 15640 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
California, at a regular meeting of said City Council held on the 22nd day of
May, 1990.
Executed this 22nd day of May, 1990.
(/7 . /;
~L<.; ;/ (/" '-, / :' ;'
A..LI){L,.... ( ~..LLt(l:L..LI
Beverly AI Authelet, Clty Clerk
APPLICANT'S AGREEMENT
ACCEPTING NEW CONDITIONS
~~~
~
.L-r:..'&~
I
RECEIVED
JUN 1 8 1993
G.AFCOI"~
CllY OF
(HUlA VISTA
PLANNING DEPARTMENT
June 15, 1993
File EY-305
Rancho Del Sur Partnership
c/o Patrick Construction corporation
Attn: Robert cummings, Project Manager
2445 Fifth Avenue, suite 400
San Diego, California 92101
GAFCON, Construction Consultants
Attn: John Tibbitts, Senior Project Manager
12555 High Bluff Dr., suite 260
San Diego, Calif. 92130
SUBJECT: TIME EXTENSION FOR CVT 90-07 SUNBOW II
This letter is a follow up to the meetings you have had with the
City Staff regarding the city's requirements and comments to
process your map extension application.
Generally, the city can't add'conditions of approval to previously
approved Tentative Maps un~ess the holder accepts and agrees to any
added ,conditions. .Based on this, staff is requesting your
concurrence and acceptance to the added conditions (most of which
are not really new conditions, but clarifications of more general
existing Tentative Map conditions of approval) listed in this
letter.
Additionally, Staff has also discussed with you the possibility of
a development moratorium pursuant to Government Code section
66452.6, subdivision (f). It was expressed that the possibility of
action by the Secretary of the Interior meeting the requirement of
a "development moratorium'; as defined therein so as to extend .the
life of the tentative map by operation of'law, therefore, making
your application for an extension unnecessary. Since that meeting,
we have further reviewed. the language in subdivision (f), and are
of the opinion that the Secretary's action with regard to the
Gnatcatcher did not "prevent, prohibit, or delay the approval of
the final map" as required by subdivision (f). From the facts
related at the meeting, it appears that the final map could not
have been approved, in any event, regardless of the Secretary's
action, because other conditions of the final map, not affected by
the Gnatcatcher order, have not been met. If you determine to
assert the potential viability of a "development moratorium",
please ensure that your discussion address this difficulty with the
factual and legal setting for your alleged extension of the map by
operation of law. .
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691.5101
@
~
ENGINEERING RECOMMENDATIONS
RECEiVEC
JUN 18 1993
GAFCO~x
The changes/additions/clarifications recommended by the engineering
department are indicated below. The intent of these added
conditions is to make it clear to any new owner what the existing
conditions and code requirements mean.
In most instances the previous condition's
revised or added wording is incorporated to
the condition.
wording is replaced,
convey the intent of
1. Replace condition 16 with:
Enter into an agreement with the City to insure
that all franchised cable television companies
("Cable Company") are permitted equal opportunity
to place conduit and provide cable television
service to each lot within the subdivision prior to
approval of Final Maps for each phase or unit.
Restrict access to the conduit to only those
franchised cable television companies who are, and
remain in compliance with, all terms and conditions
of the franchise and which are in further
compliance with all other rules, regulations,
ordinances and procedures regulating and effecting
the operation of the cable television companies as
same may have been, or may from time to time be
issued by the City of Chula vista.
2. Add to the end of condition 28 the following:
Execute grant deeds for each lot granted to the
city.
3. . Revise condition 43 to read "
a 100 year storm."
pre-development flow for
4. Add to the end of condition 45 the following:
Accomplish the following prior to approval of a
Final Map for any unit or phase which requires
drainage detention and/or filtration basin(s)
a. Prepare a maintenance program including a
schedule and a financing mechanism for said
detention and/or filtering basins. Said
program shall be subject to approval of the
City Engineer.
b. Enter into an agreement with the city of Chula
vista and the state Department of Fish and
Game wherein the parties agree to implement
the basin maintenance program.
~~
JUN-28-'93 MON 12:('" ID:CITY OF CHULA VISTA TEL NO:F, 619 691 5171
. ,,-..... ....,.----.,
11208 P03
!i. Add to elendi tion 68 after the .econd sentence the
following:
Submit a deposit or $1,500 to process the
annexation of the area into said open space
dhtrict. All ooat of said annexation and. ether
costa associated with the prooe..ing of the open
space r.latin~ to this project ahall be borne by
the developer. submit a list of items to be
included in the open apace maintenance district.
6, Add to the end of condition 83 the fOllowinq:
Grant to the City on any final map that contains a
lot dedicated in tee to the City, a 10 toot general
utility easement parallel with and adjacent to the
street right-or-way.
7. Add new condition numbar 90 to read as follows:
90. Pay the fOllowing tees in accordance with the City
Code and Council POlicy:
Transportation and Public Facilities
DevelOpment Impact
Signal Participation
School
All applicabl. ..wer fees
Telegraph Canyon Drainage and Sewer 8asin
pay the SR 125 Transportation Development
Impact tee as Inay be adopted by the city
Council in the future.
Pay the amount of said tees in effect at the
time ot final map or bUildinq permit as
required by the City Code.
8. Add new oondition 91 to read 218 follows:
b.
o.
d.
e.
f.
q.
a.
91. Provide to the City a letter from otay Municipal
Water District indicating' that the assessments/
bonded indebtedness for all parcels dedicated to
the City have been paid or that no assessments
exist on the paroel(s).
9. Add new condition number 92 to read as follows:
92. Applioant's successors in interest shall indemnity
the City, its employees, and agents from any or all
lawsuits and liabilities in connection with
qranting this Tentative Map extension and waives
any claims arising from placing oonditione upon
such extension ot the 'rentat1ve Map, whether the
issues and liabilities are raised by The Rancho Del
Sur Partnership any 8Uooessot' in interest or am
third party. \Y ~
PLANNING DEPARTMENT RECOMMENDATIONS
Add new condition 93 to read as follows:
93. Prepare and submit and obtain City Council approval
of Water Conservation and Air Quality Improvement
Plans before approval of the first Final Map.
Add new condition 94 to read as follows:
94. Comply wi th all requirements of the Public
Facilities Financing Plan for the project, as may
be amended to conform with the City's adopted
Growth Managment Program, persuant to Section
19.09.120 of the Municipal Code.
Please review the Engineering and Planning changes, additions, and/
or clarifications listed in this letter. If you agree and accept
them, please sign where indicated below and return the original to
the Planning Department, attention: J.Luis Hernandez. If you agree,
please also amend your application to include these items you have
approved.
This item has been tentatively scheduled for the July 14, 1993
Planning Commission meeting, and an appeal has also been scheduled
for the July 20, 1993 City Council meeting as previously discussed.
Notices of public hearing for both processes will bemailed.to
property owners within 1000 ft. of the project boundaries, and
published in a newspaper of general circulation at least 10 days
prior to the aforementioned pUblic hearings.
If you have any further questions, please contact Bill Ullrich at
691-5261, or J. Luis Hernandez at 691-5090.
u/;tfL
D L. SWANSON
DIRECTOR OF PUBLIC WORKS/
NGINEER
. ROBERT /1,. LEITER
PLANNING DIRECTOR
~
JUN-28-'93 MON 12:02 . ':CITY OF CHULA VISTA ....JEL tJ(J:,I=:.81....1...f.i~1_.?,:)j'1-_-1tZIf!E3Y04.
We agr.. to the above stated conditions:
RANCHO DEL SUR, A California general partnership Partnership
By: Sunbow Associates, A California genral partnership, its
operat1on manager
~c~J. k1i------ _. Dah: ~ ho/ 'i}
T im' Kruer r "S V)"/~J<'t\/ A-<~<.,> (j Cj r.r77Z \,
Managing Pa~tner . -
AI a prospective "ucce"sor in interest of the 8ubject property
PORTFOLIO INVESTMENTS, LTD., a California Limited PartnerShip hereby
acknowledge the new added oondition and aocept them as listed in
this letter.
By GENERAL PARTNERS:
Partnership
Date (/1-'?'/YJ
.
P ONE INC.,
California partnerShip
Ltd~'
Gaffen
ic;\ent
Date G. 2r.Cj]
ec: Robert Wessel, GADCO
Ken Shook, Great Amerioan
Jim Dawe, Sun bow
Riohard RUdolf, Assistant City Attorney
~
DISCLOSURE STATEMENT
\
CITY OF CHULA VISTA
DISCLOSURE STATE~ENT
AP PLI CANT'S STATEMENT OF DI SCLOSURE OF CERT AI N OWNERSH IP INTERESTS ON ALL APPLI CATIONS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, PLANNING
COMMISSION AND ALL OTHER OFFICIAL BODIES.
The following information must be disclosed:
1. List the names of all persons having a financial interest in the application.
~eat American DeveloDment.CQ. Mathew Ronald Loonin
William Patrick Kruer Jack A. Guttman
GeorQ€ Thomas Kruer John W. Gardner, Jr.
Will Don Gardner
List the names of all persons having any ownership interest in the property involved.
Same Seven (7) as listed above.
2. If any person identified pursuant to (1) above is a corporation or partnership, list
the names of all individuals owning more than 10% of the shares in the corporation
or owning any partnership interest in the partnership.
Great American Bank, SSB
3. If any person identified pursuant to (1) above is a non-profit organization or a
trust, list the names of any person serving as director of the non-profit
organization or as trustee or beneficiary or trustor of the trust.
N//\
4. Have you had more than $250 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and Council within the past twelve months?
Yes_____ No~ If yes, please indicate person(s)
Person is defined as: "Any individual, firm, copartnership, joint venture, association,
soc ia 1 club, fraterna 1 orGan i zat ion, corporat ion, estate, trust, rece iver, syndicate,
this and any other county, city and county, city, municipality, district or other
political subdivision, or any other'group or combination acting as a unit."
(NOT" 'tt"h 'ddit;"., p.,,, " """""/.L.. /~ "?-07.Yc.'
Slgnature of a~ . date
Lawrence A. Heffner
WPC 0701P ~inr 1"xprnt-ivp Virr pqf;ident
A-110 Prlnt or type name of app ican
.
.
.
,-
~
...
July 7, 1993
TO:
Chairman and Members of the Planning Commis~
Kenneth G, Lee, Assistant Director of Plannin'(lr
Summary of Activities Report for FY 1992-93
FROM:
SUBJECT:
As of July 1st of each year, various committees and commissions are asked to prepare a one
page Summary of Activities (copy of which is attached) highlighting the general purpose of
that committee or commission, highlights of activities during the year, and then a final portion
for comments or recommendations to the City Council. I've tried to summarize as best
possible of what I consider to be the highlights of activities during the past year. I would ask
that you give consideration to comments or recommendations that you would like to pass onto
the City Council for this coming year, In previous years, the Planning Commission has
included a recommendation that Council consider compensation for the Commission and its
time spent on the complexity of projects and issues and the time required of a Planning
Commissioner. I have included a copy of your summary of activity dated 1991..92 for
reference, 1 would appreciate receiving any comments or recommendations at your meeting
of July 14th to be forwarded on to the City Council.
WPC F:\HOME\PLANNING\1104.93
SUHMARY OF ACfIVITIES
FY 1992193
NAME OF BOARD, COMMISSION, OR COMMITTEE (B/C/C) P1anninQ Commi ssion
Council Chambers
MEETING TIMEIPLACE 2nd/4th Wed. - 7: 00 pm NUMBER OF MEMBERS 7
GENERAL PURPOSE OF THE B/C/C:
Serves as the official planning agency of Chula Vista and evaluates major land use proposals
in terms of their impact on the City. It conducts public hearings on significant planning,
zoning and land subdivision matters, and recommends action and policy to the City CounciL
The General Plan and specific plans are prepared under the guidance of the Planning
Commission,
HIGHLIGHTS OF ACfIVITIES DURING THE PAST YEAR:
Fiscal Year 1992-93 was without a doubt the busiest Planning Commission year on record,
In addition to the 25 meetings held to conduct regular business throughout the year, there were
some 32 meetings held on the Otay Ranch which included a number of joint meetings with the
County Planning Commission with one additional Joint GMOC meeting, The Otay Ranch
Project proved to very demanding for the Commission was asked to give up Friday evenings
as well as full days on Saturday in order to comply with the Ranch schedule, In addition to
the Otay Ranch, the Planning Commission was involved in several major projects including
General Plan Amendments at EastLake, ErRs, General Plan Amendments and prezoning on
large..scale projects such as San Miguel Ranch which encompassed some 2,600 acres as well
as similar actions on the Bayfront and Rancho Del Rey Power Center. The Commission also
held public hearings and deliberations on large-scale subdivisions which included the Salt
Creek Ranch (a 1,200..acre project), Telegraph Canyon Estates, and EastLake Cottages,
Various Code amendments were processed such as amending the City's floor area ratio,
providing for hazardous waste siting, and amendments to the City's sign ordinance,
Miscellaneous hearings included the commercial zoning for the Bonita Gateway Project and
environmental impact report on the Olympic Training Center Boathouse,
COMMENTS AND RECOMMENDATIONS TO COUNCIL:
DATE:
SIGNED:
Chairman
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