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HomeMy WebLinkAboutPlanning Comm Rpts./1995/09-20 (2) MINUTES Chula Vista Planning Commission Chula Vista, California 5:47 p.m. Wednesdav. August 30. 1995 Conference Rooms 2/3 Public Services Building I. CALL MEETING TO ORDER/ROLL CALL: The meeting was called to order at 5:47 p.m. by Chair Tuchscher. MEMBERS PRESENT: Chair Tuchscher, Commissioners Salas, Tarantino. Willett, Ray, Thomas (5:56) and Davis (6: 14) STAFF PRESENT: Special Planning Projects Manager Jerry Jamriska, Assistant Planning Director Ken Lee, Senior Planner Rick Rosaler, Senior Civil Engineer Bill Ullrich, Planner Julia Matthews and Planner Beverly Luttrell OTHERS PRESENT: Kent Aden and Ranie Hunter of The Baldwin Company, Dexter Wilson and James Peifer of Wilson Engineering, Glen Van Peski and Dave Hammer of Hunsaker & Associates, Dan Marum ofBRW, Inc. and James Peasley of Otay Water District Mr. Jerry Jamriska called attention to the schedule of Planning Commission hearings which indicates close of the review period for the SPA One Environmental Impact Report (EIR) on November 8 and close of the SPA One hearings on November 15 with a special meeting on November 17 to take action only. II. APPROVAL OF AUGUST 9, 1995 MINUTES: The minutes were approved as submitted with an amendment that Commissioner Ray had an excused absence. m. OTAY RANCH SPA ONE -- OVERVIEW OF FACILITY-RELATED ISSUES: Mr. Bill Ullrich stated that all the master plans that will be discussed are required by the General Development Plan (GDP). There will be some revisions as the plans develop because grading, street alignments, etc. may change. At this point, there are no outstanding concerns that have not been addressed in the plans. The Policy Committee has reviewed and approved the documents. 1. Sewer Master Plan: Mr. Ullrich stated that SPA One will drain into two separate sewer basins: the Telegraph Canyon Basin and the Poggi Canyon Basin. The Sewer Master Plan addresses impacts to the existing facilities, new improvements required and cost of those facilities. The development of SPA One will require installation of on-site and off-site sewer mains. The existing Telegraph Canyon system will be metered at critical locations to determine when improvements will c:{ Planning Commission Workshop - 2- August 30. 1995 be needed. There are segments of the eXlstmg Poggi Canyon system that are currently overloaded and will require replacement prior to any development. Funding of required improvements will be determined in the future. 2. Water Conservation Plan: Mr. Dexter Wilson (Wilson Engineering) gave a brief presentation on the Water Conservation Plan. He stated that this plan is the least project specific of most of the other master plans. Required items of water conservation are: ultra low flush toilets, low flow faucets and low flow shower heads. Recommended items are: soil moisture sensors, use of reclaimed water, drought resistant plants and effective irrigation design and management. 3. WaterlRecIaimed Water Master Plan (SAMP): Mr. Ullrich stated that water and reclaimed water operations are controlled by the Otay Water District; therefore, City staff focused on water application rate, locations where reclaimed water will be used and meeting the requirements of the GDP and EIR. Water will be provided by two pumping stations; one is currently in operation. Additional reservoir capacity is required for SPA One and two storage facilities are proposed. Adequate terminal storage is available for SPA One. Mr. Jim Peasley (Otay Water District [OWD]) stated there are three storage facility sites available. OWD is meeting with EastLake and Baldwin to determine where a facility will be constructed. Commissioner Willett asked about the supply of excess reclaimed water. Mr. Peasley indicated that OWD is treating 1.3 million gallons a day. Half of that is being sold on an annual basis. As the demands increase for reclaimed water, OWD will increase the capacity. The flow that OWD does not treat goes to Metro. Commissioner Salas inquired about the terminal storage facilities and contaminated water? Mr. Peasley indicated that OWD is meeting the lO-day criteria. As soon as contaminated water is sensed by CW A, it will be known before it reaches the treatment plant in Riverside and the valves in the aqueduct will be shut off before the water arrives. Mr. Ullrich presented the reclaimed water layout that is proposed. The system will be put in under a contract between Baldwin and OWD so as the streets go in, the pipes will go in. Reclaimed water would be utilized in some open space areas and common areas of condominium complexes. Commissioner Tarantino asked if reclaimed water would be used on golf courses and parks? a: \llb:\linda: \spa: \pc8309 5 .doc .3 Planning Commission Workshop - 3 - August 30. 1995 Mr. lamriska answered in the affirmative. Commissioner Salas asked if the water provider issue had been solved? Mr. Peasley indicated that OWD's staff and attorney and the City Manager and Attorney have been preparing and negotiating a Franchise Agreement. The intent is to enter into that agreement prior to LAFCO taking action on the sphere issues. Mr. lamriska indicated that the City is negotiating to allow OWD to be the provider. 4. Drainage Master Plan: Mr. Ullrich stated that this plan addresses the adequacy of drainage facilities and improvements necessary to meet City criteria The plan includes proposed facilities and methods to reduce the post development 100-year runoff ITom the site to a level equal to or less than that which occurred prior to development of SPA One and also addresses methods to reduce siltation. The northerly portion of SPA One is within the Telegraph Canyon Drainage Basin and has been improved within the SPA One area. The southerly portion is within the Poggi Canyon Drainage Basin which is unimproved and in its natural state within SPA One. A detention facility will be built in both basins. Commissioner Willett asked where the first detention basin was planned for east of I-80S? Mr. Ullrich indicated that Baldwin will not be increasing the flow going through the Poggi Canyon Drainage Basin; therefore, nothing will be done on the east side of I-80S. There will be one detention facility at La Media for the Telegraph Canyon Drainage Basin. **** Break ITom 6:52 p.m. to 7:01 p.m. **** 5. Parks Master Plan: Mr. Rick Rosaler stated that the Parks Master Plan presents the Otay Ranch park system with its recreation facility requirements including plans for open space, trails and community gardens. Also, phasing, funding and maintenance of the parks. A system of public parks is planned through the provision of town squares, neighborhood, community and regional parks. Pedestrian parks are going to be a major policy issue that the Planning Commission is going to be asked to make a decision on within the next couple months. He asked that the Planning Commission pay particular attention to park acreage and facility requirements; recreation, open space and trails; policies dealing with community gardens and phasing of the community parks. There are two park plan alternatives: 1) Alternative A is based on direction by the Policy Committee, and 2) Alternative B is Baldwin's proposal. The Planning Commission will be asked to make a recommendation to the City Council on either Alternative or a combination. One of the major issues dealing with parks in SPA One is location, a:\llb:\linda:\spa:\pc83095.doc /l Plannin~ Commission Workshop -4- August 30. 1995 size, credit and maintenance of pedestrian parks. Baldwin proposes they receive credit for pedestrian parks and the parks be maintained by assessment district. Other concerns include deferment of community park, private ownership of and credit for town squares, timing of park needs analysis, recreation facilities in each type of park and community gardens maintenance and credit. Mr. Kent Aden (The Baldwin Company) passed around pictures of small parks in Coronado to show how small parks are being used. Baldwin feels that pedestrian parks are a critical link in providing the full recreational spectrum within the Ranch. He went on to describe Alternative B. Commissioner Willett voiced his concerns against having community gardens. Mr. Aden indicated that Baldwin is not in favor of community gardens because of all kinds of potential problems. The concept of community gardens is being pushed, primarily, by the City Manager's office. Commissioner Davis asked if any community gardens had been designated? Mr. Jamriska confirmed, but they are proposed at the end of cul-de-sacs rronting onto large amounts of open space and, perhaps, on the community purpose facilities sites. He indicated that the Parks & Recreation Department was not present to present their side of the story. Mr. Rosaler indicated that the Parks & Recreation Department's main concern was the maintenance of pedestrian parks. 6. Regional Facilities Report: Ms. Julia Matthews stated that there are no current issues related to regional facilities. The report identifies forecasted demands for regional facilities generated by development of SPA One and addresses how that demand will be satisfied. Capacity of the landfill will be included in this report after the County reviews this report. Commissioner Tarantino asked when the projected closure is for the landfill? Mr. Jamriska indicated the projected closure is 2005. Ms. Matthews stated that this Regional Facilities Report was prepared before the City adopted it's current Child Care guidelines. Those guidelines will be met and addressed in the SPA document at the SPA level and in the Regional Facilities Report dealing with the regional level. Ms. Ranie Hunter (The Baldwin Company) indicated that the Child Care Master Plan has been revised, but is not out for distribution because there are still some pending issues. a:\llb:\linda:\spa:\pc83095.doc ~ -- Planning Commission Workshop - 5 - August 30. 1995 Commissioner Davis questioned why Otay Ranch was provided such a small correctional facility. Ms. Hunter indicated that the present County facility can accommodate SPA One. There is no need for a new facility. 7. Annexation: Mr. Rosaler stated that the City has a Sphere ofInfluence Update Study on file with LAFCO. LAFCO has come back with six issues that they want staff to address which includes the Otay Water District and the County landfill. Staff is in the process of addressing those issues. To enable this whole thing to happen, we have got to have the property in the City. The Sphere is the first step; the Annexation is the second step. Staff believes a comprehensive annexation of the Planning Area One (Otay Valley parcel), Planning Area 3 (Inverted "I.", Watson, Clarkson and Turner property) and the Ranch House property is in order. To assuage the fears of the County, the City has agreed not to annex the Resort Site at this time which is in the City's sphere. Commissioner Ray asked if the landfill should not be included as part of the annexation? Mr. Rosaler indicated that the City Council has directed staff to include the landfill in the annexation. In discussions with LAFCO and the County, we may be able to create a County island. Commissioner Willett asked if the County was still going with the San Bernardino Meridian line going down through the center of Otay Lakes? Mr. Jamriska indicated yes and no. Supervisor Cox docketed a Board letter asking the Board of Supervisors to modifY their position on the San Bernardino Meridian line. He requested keeping the current sphere, remove the City of Chula Vista from any consideration of the Resort Site and go with the City ofChula Vista's proposal of permitting the entire Western parcel to be annexed. The County Board of Supervisors Subcommittee agreed to present these recommendations to the Board of Supervisors. The Otay Landfill should be reviewed as being a potential County island as well as pursue a legal agreement that would be financially detrimental to the City of Chula Vista to ever take steps to abandon or close the landfill. Any effort that the City put here to changing the zone to only landfill, any future Council can undo that by zoning it where landfills are not permitted. The Board of Supervisors decided to create a finger up to the Otay Landfill so the County could have assurance that the landfill would always stay in the County. They agreed to annexation of the entire Western parcel. The City ofChula Vista is not happy with that because by creating a finger it makes for poor planning. This will come up for final action by the Board of Supervisors on September 20th. . a:lJlb:\linda:\spa:\pc83095.doc o Planning Commission Workshop - 6- August 30. 1995 8. Prezoning and Public/Quasi-Public Zone: Ms. Beverly Luttrell stated that there are several parcels that will eventually be within the project area that are not owned by Baldwin but will be annexed, and they are required by LAFCO to be prezoned. Parcels that are 50 acres or more will be prezoned Planned Community (PC) to provide orderly planning and long-term development of large tracts of land. An amendment to the PC Zone is currently under review to allow parcels under 50 acres in size to be zoned PC. A Public/Quasi-Public Zone needs to be created to apply to the Landfill site, the City of San Diego water reservoir site and Otay Water District sites. 9. Street Sections: Mr. Rosaler stated that all of the City departments have bought into the street sections for SPA One. The transit run will be in the median of the village entry streets. On the major streets, 8-foot parkways with trees are planned. The current proposal for residential neighborhood streets is to have monolithic sidewalks. The Project Team would like to see parkways in the residential neighborhoods. The property owners would be responsible for maintaining their parkways. Mr. Ullrich stated there are several reasons why monolithic pours are desirable in residential streets: I) people were not maintaining their parkways, 2) it prevents differential settlements and upliftings, and 3) it kept people ITom planting trees in between. It's not popular with developers because it costs more, but it's beneficial to the City because the maintenance costs are lower. Commissioner Thomas asked if the Fire Department had any problems with the proposed street sections? Mr. Rosaler answered in the negative. Chair Tuchscher asked for the difference in maintenance costs of parkways versus monolithic. **** Break 8: 15 p.m. to 8:21 p.m. **** 10. Traffic EIR: Mr. Ullrich stated that traffic studies were accomplished after receiving direction &om the Transportation Technical Subcommittee on the assumptions, methodology and scope of the analysis. The County (a member of the Subcommittee) has changed personnel and have asked the City to add things. Mr. Dan Marum (BRW, Inc.) stated that traffic studies were based upon the SANDAG Series 8 traffic model. The study area extended from the 805 on the west, the 54 on the north, EastLake/Salt Creek on the east and Orange Avenue on the south. Some impacts were traced down to Heritage Road. BRW, Inc. used the Congestion Management Plan (CMP) guidelines even though none of these are CMP facilities. Four alternatives were tested in the Traffic and Phasing Analysis: a:\lIb: \linda: \spa: \pc8309 5 .doc --7 Planning Commission WorkshoD - 7- August 30. 1995 I) no project, 2) proposed project, 3) Alternative I, and 4) Alternative 2. Alternative 1 was the preferred local access plan for Villages One and Five. The four alternatives were analyzed for impacts to: on-site circulation system, study area fteeway segments, study area arterial segments, and 49 study area intersection capacities, study area fteeway interchange/capacity, transit operations, bicycle/ pedestrian facilities and trip reductionlland use design assessment. The analysis was performed for: existing conditions, interim conditions (year 2010) and full Southbay buildout. Commissioner Thomas asked if the timing of signals In different jurisdictions would be addressed? Mr. Jamriska answered in the affirmative. Mr. Marum stated that the phasing analysis indicated that the on-site system will work without a third access point. For safety issues, the Policy Committee has required a third access be provided for each village. Traffic analysis shows many streets operate below the level of service considered acceptable by the City and County with buildout of SPA One in the year 2010. The study revealed that the majority of these impacts occur with or without the project. Several road segments below acceptable level of service have a small percentage of traffic contributed by SPA One. The City is trying to work with the County to set up some type of structure where the City could take DIP credit for work they do on facilities that are on the border line between the City and the County, but are actually in the County. One such project is Central Avenue in Bonita. The traffic analysis for SPA One indicates which roadway segments and/or signalized intersections are to be mitigated. Traffic signals are proposed to be installed as mitigation for development of SPA One. With the project in place, there is relieve on Telegraph Canyon Road because the project will be providing Palomar Street and Orange Avenue. The importance of a Palomar/80S half diamond cannot be over emphasized with the buildout of the Otay Ranch project. Worst case, and without SR-125, there will be some big problems regarding the fteeway system by the year 2010. The levels of service on 805 and 54 will degrade to levels of service that are unacceptable. There were 15.53 road miles with unmitigated significant impacts at buildout when the General Development Plan was adopted. The key thing that came out of the phasing work is that it told us when Palomar Street and Orange Avenue need to come on-line and when other improvements are triggered. Many of the improvements are already in the CIP. The City should be doing annual incremental growth assessment runs with the model which will tell where "hot points" are going to be so the City can avoid moratoriums in the traffic monitoring program. Commissioner' Willett would like to see CalTrans Series 8 model figures next to the Cities figures. . a :\llb: \l inda:\spa: \pe83 09 5. doc q Planning Commission Workshop - 8 - August 30. 1995 Mr. Marum indicated that CalTrans has given approval to make use of the Series 8 model information that they have run for year 2015 toll way. City staff is going to provide that as a column next to year 2010 without toll way. There is going to be a comparative analysis of volumes on all these streets with the toll way which will show the relieve the toll way will provide the majority of the arterials. Commissioner Tarantino asked if the Olympic Training Center would be a significant impact? Mr. Marum indicated none that has not been included in the model previously and that was not known about at the General Development Plan level. Mr. Ullrich asked if there was anything the Commissioners would like staff to come back with at the next workshop? Commissioner Willett stated he would like a summary of the issues. Mr. Ullrich indicated that a significant issue will be mitigation in the Bonita area. Staff proposes to use for a threshold about 800 trips on a roadway before we even consider mitigation. That goes along with the program that staff is proposing for the regional facilities. ADJOURNMENT: The meeting was adjourned at 9: 16 p.m. ?~..c'4/ Wd-X.L- Lirida Bond, Secretary Attachment: Revised page of the August 9, 1995 minutes a:\llb: \I inda: \spa: \pe83 09 5. doc 7 REVISED MINUTES Chula Vista Planning Commission Chula Vista, California 5:45 p.m. VVednesday.Acugust9.1995 Conference Rooms 2/3 Public Services Building CALL MEETING TO ORDERlROLL CALL: Chair Tuchscher. The meeting was called to order at 5:45 pm. by MEMBERS PRESENT: Chair Tuchscher, Commissioners Davis, Salas, Tarantino, Thomas and VVillett MEMBERS ABSENT: Commissioner Ray (EXCUSED) STAFF PRESENT: Special Planning Projects Manager Jerry Jamriska, Assistant Planning Director Ken Lee, Senior Planner Rick Rosaler, Principal Planner Duane Bazzel, Assistant Planner Amy VVolfe, Civil Senior Engineer Bill Ullrich, Planner Julia Matthews, Planner Beverly Luttrell and Landscape Architect Marty Schmidt Special Planning Projects Manager Jerry Jamriska introduced the Otay Ranch Project Team, Planning Department staff and Baldwin staff to the Planning Commission. OTAY RANCH SPA ONE: OVERVIEW OF LAcND PLAN ISSUES Mr. Jamriska gave a brief background of the current processing procedures of the plan. There is a Technical Committee composed of Parks & Recreation, Fire, Planning, The Baldwin Company and the Project Team that meet one or two times a weeks. At times, other departments are brought in when discussing housing, etc. \\'hen issues cannot be resolved at this level, they are taken to the City Manager's Policy Committee which involves all department heads and The Baldwin Company. \\'hat you will be hearing tonight is that we need to do additional research. I. Project Schedule: Mr. Jamriska indicated that the Planning Commission is scheduled to hold three workshops regarding the Otay Ranch Project: August 9, August 30 and September 20, 1995. These workshops are to discuss issues not make decisions. A public forum is scheduled for October 5, 1995 to discuss the entire plan. The public hearings scheduled for the Planning Commission begin October 25 at which time the public review period for the SPA One EIR will be closed. Acdditional hearings are scheduled for November 8 and 15, 1995. A City Council workshop has been requested by staff for all day Saturday, October 14, 1995. 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" ~ .B o - ., ~ ~ ~^ .~ 15. ~ is - ., is 1;'= -:0 ~ so i :a "'" 'C 'i !5 ~ S i!: +:; 0 '5 !: i:'d@'.lQc. 00 "::;:J Co !6~so< so 1: so.. oa~-.:= g I I &\0 'B e; ep. < <r.1r.1~1}J . 'L. tel .~ .. " so .. o tel < .. ~ so enO i~ =en ~ ~ 0_ UU . . '" o 'C .. ""~ .. ~ r.1.>: .. ~" .. so ~ so 0000 ~:.=< ~,.Q~ "'d::'" so "" so 0.. 0 .. r.1 .. 'i ~'i .. - .. telUteI . . . .,., ~ ~ 1 ~ '5 ~ o . '5 ~ o . ~ '5 .~ g ~ :>! U ~ ~ ...< . o I . 9> N U -' JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO FOR THE PLANNING, EDUCATION, OPERATION AND MAINTENANCE OF THE OTAY RANCH OPEN SPACE PRESERVE THIS AGREEMENT is made and entered into as of the day of 1995 between the City of Chula Vista and the County of San Diego existing under the laws of the State of California (hereinafter referred to individually or collectively as Public Agencies). WITNESSETH WHEREAS the Public Agencies are each empowered by law to acquire sites and to plan and design public facilities and appurtenances for park and open space purposes; and WHEREAS, on October 28, 1993, the Chula Vista City Council and San Diego County Board of Supervisors jointly approved the Otay Ranch General Development Plan (General Development Plan)/Subregional Plan (GDPjSRP); and WHEREAS the GDPjSRP requires the selection and retention of a Preserve OwnerjManager (POM) prior to approval of the first City of Chula Vista Sectional Planning Area (SPA) or County Specific Plan Area; and WHEREAS the POM will be ultimately responsible for resource management, education, restoration and enforcement of the 11,375+ acre "Otay Ranch Open Space Preserve"; and WHEREAS the Public Agencies desire to provide a vehicle for the planning, design and operation of the "Otay Ranch Open Space Preserve" consistent with the GDP (Exhibit "A", attached hereto) and by this reference made a part hereof; and WHEREAS it is deemed advisable for the Publi'C Agencies to coordinate planning, design and operation for the "Otay Ranch Open Space Preserve" for the benefit of their citizens and others by jointly exercising their common powers in the manner set forth in this Agreement; Page 1 JEPA-POM2.[)(X,Ijj Printed: 9!7f.)5 ,,; NOW, THEREFORE, the Public Agencies, for and in consideration of the mutual benefits, promises and agreements set forth herein, agree as follows: SECTION 1. Purpose. This Agreement is made pursuant to the prOVISIOns of Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California (commencing with Section 6500, hereinafter referred to as the "Act") relating to the joint exercise of powers common to public agencies. The Public Agencies possess the powers referred to in the above recitals. The purpose of this Agreement is to exercise such powers jointly by coordinating planning, design and operation of the "Otay Ranch Open Space Preserve". SECTION 2. Term. This Agreement shall become effective as of the date hereof and shall continue in full force and effect for 30 years from the date hereof or until repealed by any or all parties hereto, as indicated in SECTION 8. Agencv Withdrawal. This Agreement may be extended for an additional 30 years with the consent of all parties. SECTION 3. Description. The real property to be planned, designed and operated shall be generally within the property described as the "Otay Ranch Open Space Preserve" (Exhibit "A", attached hereto) and by this reference made a part hereof. SECTION 4. Policy Committee. The joint powers authority established by this Agreement shall be governed by a Policy Committee consisting of two (2) elected representatives one each appointed by the governing bodies of the County of San Diego County and the City of City of Chula Vista. An alternate will also be appointed by each of the Public Agencies. A quorum for the purposes of conducing business will consist of two (2) members of the Policy Committee. In the absence of a quorum, a single member present may move to adjourn. The Policy Committee will meet annually, or more often if agreed to by the two (2) rnembers of the Policy Committee, to establish policies and review all operations of this Joint Powers Agreement. SECTION 5. Preserve Management Team. The Preserve Management Team consists of the City Manager of the City of Chula Vista and the Chief Administrative Officer of San Diego County. The JEPA-POM2.J:X)C;jj Printed; 9/7195 Page 2 ~,{ Preserve Management Team shall assign appropriate staff representatives to implement the goals and objectives of the "Otay Ranch Open Space Preserve" and the daily operations. SECTION 6. Preserve OwnerjManag-er Staff Committee. The Preserve OwnerjManager will consist of a minimum of two (2) members from each agency. The Preserve OwnerjManager Staff Committee will be responsible for operations of the "Otay Ranch Open Space Preserve" as directed by the Policy Committee, and as describe in Exhibit "B", attached hereto, and by this reference made a part hereof. SECTION 7. Administration. Day-to-day administration of this Agreement, including preparation of agendas, maintenance of records, minutes and rneetings, and conformance to other legally required processes pertaining to records, purchases, etc. shall be the responsibility of the Preserve OwnerjManager. SECTION 8. Ag-encv Withdrawal. Any of the Public Agencies under this Agreement may withdraw from participation in the joint exercise of powers created by this Agreement upon sixty (60) day's notification to the other parties. Any contributions made by that Public Agency toward the acquisition, development, management and preservation of the "Otay Ranch Open Space Preserve" shall be retained for those purposes. SECTION 9. Governing- Law. This Agreement shall in every respect be binding upon the parties hereto and their respective successors and assigns. This Agreement shall be governed by the laws of the State of California. SECTION 10. Provisions Required bv Law. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if for any reason any such provision is not inserted, or is not correctly stated, then upon application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction. JEPA-POM2.IXJC!jj Printed: 9/7;95 Page 3 cJ.3 SECTION 11. Partial Invaliditv. If any provision of this Agreement or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. SECTION 12. Execution. This Agreement may be simultaneously executed in any number of counterparts, each of which when so executed shall be deemed to be an original but all together shall constitute but one and the same Agreement. It is also understood and agreed that separate counterparts of this Agreernent may be separately executed by each City and County, all with the same full force and effect as though the same counterpart has been executed simultaneously by each City and County. SECTION 13. Notice. Any notices required or permitted to be given pursuant to this Agreement may be personally served on the other parties by the party giving such notice, or may be served by certified mail, return receipt requested, to the following address: CITY OF CHULA VISTA: SAN DIEGO COUNTY: JOHN GOSS City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Phone: (619) 691-5031 DAVID JANSSEN Chief Administrative Officer County of San Diego 1600 Pacific Coast Highway San Diego, CA 92101 Phone: (619) 531-5267 SECTION 14. Entire Agyeement. This Agreement contains the entire Agreement among the parties concerning the subject matter hereof and supersedes prior Agreements, representations and discussions relating thereto.End of agreement. The next page is the signature page. JEPA-POM2.DC>C;.1j Printed: 9(7fJ5 Page 4 ;l,L SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have caused this Agreernent to be executed and attested by their proper officers thereunto duly authorized, their official seals to be hereto affixed, as of the date first above written. CITY OF CHULA VISTA: COUNTY OF SAN DIEGO: Chairperson, Board of Supervisors Mayor ATIEST: ATIEST: Clerk of the Board of Supervisors City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney County Counsel Date: Date: Exhibit "A"--Otay Ranch Open Space Preserve Exhibit "B" --City of Chula Vista and San Diego County Preserve Owner Organization Chart Exhibit "C"--Duties and Responsibilities of the Otay Ranch Preserve Owner Manager(s) JEPA-POM2.DOC/ji Printed: 9/7;95 Page 5 .:{f.; --_._-~-_.__....._" b ~7 o ~ ~ ~ ! j _ z _~ i ~ -g - ~~~~~ !~~f~ 'Ii 'S .!! .., .g I; Q. .. .! Q. a: .z: u " " := :s := >0 ~ .. II ~ -g~:>~a:o ~[jJI~I~ . OJ ~ OJ rn OJ d:: OJ OJ . ro < 0- . en +' J:: ~ .~ ~ P- OJ 0- ~ 0 "'" {J J:: ro p:: :>, ro +' 0 . 1/( "1'\,,'__-' f .... I- ~ ..c: U = o ..::: ~ N .- = ~ OJ) I- o I- CI.I OJ) ~ = ~ ~ I- CI.I = ~ o CI.I !: CI.I .." f: ~ .c = = o U o OJ) CI.I .- ~ = ~ 00 "0 = ~ ~ .... .." .- ~ ~ - = ..c: U .... o .c .- u ;<;:: .D ~ " ... C E i:~ ~ = i! '" -~ e [; ~Po:e o<j C w Q C .'" Q f'ia Q .. 1;;~ ~O ,!,~~ ~i!:E-< "iiI :l '0 'C [;'g [;:.( .. '" C '" j;;:: "iiI ...t'~-c~ ",:;;.~ "'~ O>ijiPo.., is C ... Q E .... !;j f ; Q... 1;; C ~~ o<j o<j ~ ... .. ~ ~ ~Po .!i !;j w '" ; 'E '3E~ E ~ [; ~~OO Po .. ~~j ..s~'C t ~ [; j::I~= Po ~ ~ ie" .sPo '5 e ~ .. '5 .~ i~ .~ s ~ z 5 "E ~ ~1 GU .. -a = Po Exhibit "C" Duties and Responsibilities of the Otay Ranch Preserve OwnerjlV1anager(s) CITY OF CHULA VISTA RESPONSIBILITIES Education Development of educational facilities and interpretive programs. Implementation and/or coordination and accomrnodation of research programs. Provision of controlled opportunities, consistent with resource protection needs, for the public to learn about and appreciate the natural and cultural diversity of the area including: . its biological diversity and cultural heritage; . the inter-relationships between sensitive species and natural habitats; . the opportunity to observe biological and cultural resources in their natural setting; and . the importance of preservation of natural areas and understanding challenges to the survival of remaining natural ecosysterns. Provide a unique and multi-faceted living laboratory for research related to: . habitat, paleontological and cultural resource protection and management; . experimental approaches to enhancing and restoring degraded habitats; and . understanding species and habitat needs and conditions that adversely affect sensitive plant and anirnal species. Institutions such as the City of Chula Vista Nature Center and the Natural History Museum are non-profit agencies providing such services. Research and Monitoring Ensuring no reduction in habitat values and no adverse impacts to biological resources are included within the Preserve by the following: . Monitoring the resources to identify changes in the quality and quantity of sensitive resources and habitats to assure compliance with the adopted Mitigation Monitoring Reporting Program. . Implementation and monitoring of restoration activities, as appropriate. . Establishing a comprehensive monitoring program for the biota of the Preserve in conjunction with the Phase II RMP. . Developing and implementing an annual monitoring program designed to identify changes in quality and quantity of on-site biological resources including sensitive wildlife species, sensitive plant species and sensitive habitat types. JEPA.POM2.DOC/H Printed: 9(7,-95 Page 8 ;,( Active and Passive Recreational Programs Development of plans and programs for the location and design of active recreational uses, overlooks and a passive trail network within the Preserve. Coordination with the Otay Valley Regional Park JEPA, or subsequent park planning entity, regarding issues associated with Otay Valley Regional Park. SAN DIEGO COUNTY RESPONSIBILITIES Law Enforcement Enforcement activities as necessary to control and protect the resources of the preserve within the incorporated and unincorporated areas of the "Otay Ranch Open Space Preserve". Development of a law enforcement program that will protect the visitor from the environment, protect the environrnent frorn the visitor and protect the visitor frorn other visitors. Create a uniform code of regulations for all cooperating agencies and an annual review by law enforcement and resource agencies of their appropriate roles. Maintenance Operations Maintenance and enhancement of all resources through the prevention of further disturbance, including controlling access to the Preserve, prohibiting off-road traffic, enforcing "no trespassing" rules and curtailing activities that degrade resources, such as grazing, shooting and illegal dumping. Implementation of rnaintenance activities including removal of trash, litter and other debris, maintenance of trail systems, removal and control of exotic plant species (weeds) and control of cowbirds through trapping efforts. Develop a plan for the controlled burning, erosion control and replanting to enhance the natural and scenic values of the preserve. Preparation of a grazing, crop production, integrated pest, insect and disease management control or other appropriate uses if they do not result in conditions that are adverse to eventual recreational or agricultural uses. Developrnent of a restrictive area plan which prohibits public access to sensitive wetlands, vernal pools, restoration areas and sensitive wildlife habitat. Resource Protection and Management Providing large, connected natural areas with varied habitats that offer refuge, food and shelter to multiple species of native plants and animals; protecting scenic, paleontological and cultural resources; and providing management tools to assure that Preserve resources are not adversely affected by urban development located adjacent to the Preserve. JEPA.POM2.DOC,1j Printed: 917;95 Page 9 A9 JOINT RESPONSIBILITIES OF THE CITY OF CHULA VISTA AND SAN DIEGO COUNTY Develop a management plan for preservation that facilitates effective, long-term management of the Preserve consistent with the goals of the Phase I and II Resource Managernent Plan and the "Otay Ranch Open Space Preserve". Develop a Preserve Area Handbook which contains policies and procedures in managing and evaluating the activities of the Preserve. The handbook should include the purpose of the preserve, areas within the preserve including maps, trails etc., the preserve area organizational structure, park system hierarchy, land administration, financing, resource administration, facilities, public relations, etc. Develop a fire prevention program to protect human life, prevent modification of park ecosystem by human-caused wildfire and prevent damage to cultural resources or physical facilities. Coordinate with the appropriate agencies involved with the Multiple Species Conservation Program (MSCP), or other adopted subregional habitat planning programs, to assure consistency with regional conservation efforts and plans. Regional preserve management agreements may be used to ensure working relationships are established between other open space preserves. Coordination with local jurisdictions, resource agencies and adjacent ownerships. Implement the Phase I and II Resource Management Plans. Review proposed preserve boundary adjustments, infrastructure plans. Cornment on plans for land uses adjacent to the Preserve and other activitie&fstudies. Formulate performance standards for the City of Chula Vista and the County of San Diego, in their respective areas of responsibilities, to ensure that the "Otay Ranch Open Space Preserve" achieves the goals and objectives of the Preserve. JEPA.POM2.DOC:;.1j Printed: 9(11"J5 Page 10 .56 Olay Ranch Phase 2 Resource Manaoement Plan II. Preserve Manaoement. Convevance. Fundinq II. ACTIVITIES RELATED TO PRESERVE MANAGEMENT, CONVEYANCE, FUNDING The goal of the Otay Ranch Resource Management Plan is to establish a permanent preserve dedicated to the protection and enhancement of the biological, paloentological, cultural and scenic resources of the ranch, maintenance of long-term biological diversity, and the assurance of the survival and recovery of native species and habitats within the preserve. The Phase 1 RMP requires the City of Chula Vista and the County of San Diego to perform three tasks necessary to initiate the Management Preserve prior to the approval of the first Otay Ranch SPA. They are: 1. The selection of a Preserve Owner/Manager; 2. The adoption of a conveyance and restoration schedule; and 3. The identification of a funding plan. These three tasks are reviewed in this chapter. Page 37 916195 3/ Otay Ranch Phase 2 Resource Manaoement Plan II. Preserve Manaoement. Convevance. Fundino A. Preserve Owner/Manager (POM) The Otay Ranch General Development Plan/Subregional Plan and the Phase 1 Resource Management Plan contain the following policies: Policv: Select a Preserve Owner/Manager who is acceptable to the City of Chula Vista and the County of San Diego. Advice of the U.S. Fish and Wildlife Service and the California Department of Fish and Game will be sought prior to final selection of a Preserve Owner/Manager. (GDP/SRP Page 372- 373; RMP Policies 5.1, 5.2) Policv: The Preserve Owner/Manager shall be selected prior to or concurrent with approval of the first SPA in the Phase 2 RMP. (GDP/SRP Page 372-373; RMP Policies 5.1,5.2) Policv: The Preserve Owner/Manager may be a local government, a public resource agency, a non-profit organization, or any other entity or entities acceptable to the landowner, City of ChuIa Vista and County of San Diego. (GDP/SRP Page 372-373; RMP Policies 5.1, 5.2) Policv: The Preserve Owner/Manager may be an entity or entities working in a cooperative arrangement to fulfill the duties of the Owner/Manager. (GDP/SRP' Pages 372-373; RMP Policies 5.1, 5.2). The Preserve Owner/Manager (pOM) will oversee the day-to-day and long-range activities within the Management Preserve. The POM will take an active role in the maintenance and enhancement of biological resources, the development of educational programs, and the implementation of Phase 1 and 2 RMP policies related to management of the Preserve. The POM will participate in the decision-making processes for all activities and amendments to the GDP or RMP or both that potentially effect the integrity of the Preserve. The duties and responsibilities of the POM may include, but not be limited to, the following: Page 38 9/6/95 .3 ) Otay Ranch Phase 2 Resource Manaaement Plan II. Preserve Manaaement. Canvevance. Fundina . Maintenance and enhancement of all resources through. the prevention of further disturbance, including controlling access to the Preserve, prohibiting off-road traffic, enforcing "no trespassing" rules, and curtailing activities that degrade resources, such as grazing, shooting, and illegal dumping; . Monitoring of resources to identify changes in the quality and quantity of sensitive resources and habitats to assure compliance with the adopted mitigation monitoring and reporting program; . Implementation and monitoring of restoration activities, as appropriate (it is understood that some restoration activities may be carried out by individual Otay Ranch developers in coordination with the Preserve OwnerlManager); . Implementation of maintenance activities including removal of trash, litter, and other debris, maintenance of trail systems, removal and control of exotic plant species (weeds), and control of cowbirds through trapping efforts; . Development of educational facilities and interpretive programs; . Implementation and/or coordination and accommodation of research programs; . Coordination with local jurisdictions, resource agencies, and adjacent ownerships; . Coordination with the Otay Valley Regional Park JEPA or subsequent park planning entity, regarding issues associated with Otay Valley Regional Park; . Enforcement activities; . Review of RMP Amendments, Preserve boundary adjustments, infrastructure plans, plans for active recreational uses within the Preserve, plans for land uses adjacent to the Preserve and other activities/studies as identified in the RMP; . Develop and implement a strategy that facilitates effective, long-term management of the Preserve consistent with the goal ofthe RMP; Page 39 9/6/95 2 :::; ~ ~ Otay Ranch Phase 2 Resource Manaaement Plan II. Preserve Manaaement. Convevance. Fundina . Development and implementation of management to ensure no reduction in habitat values and no adverse impacts to biological resources occur within the Preserve; . Establish a comprehensive monitoring program for the biota of the Preserve in conjunction with the Phase 2 RMP; . Develop and implement an annual monitoring program designed to identify changes in quality and quantity of on- site biological resources, including sensitive wildlife species, sensitive plant species, and sensitive habitat types; and . Coordination with the MSCP, NCCP, or other adopted subregional habitat planning program to assure consistency with regional conservation efforts and plans. The City of Chula Vista and the County of San Diego identified the following as desirable qualifications for the Preserve Owner/Manager. . At least 5 years of demonstrated experience managing biological resources including listed species; . At least 5 years of previous experience with law enforcement or the ability to contract with law enforcement agencies; . At least 5 years previous experience with access control; . Demonstrated ability to interact effectively with local and regional conservation agencies, recreational agencies and the local community; . Prior experience in conducting or coordinating with individuals involved in ongoing scientific research; . Demonstrated ability to coordinate continued monitoring efforts of the Preserve's biota, as shown by staff experience and existing programs; . Cultural resource management experience; . Demonstrated experience in long-term management of large open space areas with numerous sensitive species; . Demonstrated ability to efficiently manage personnel and finances over a long-term; Page 40 9/6/95 /'0 , -( .:.~/ ,.-- , Otay Ranch Phase 2 Resource Manaoement Plan II. Preserve Manaoement. Convevance. Fundino . Demonstrated experience or ability to establish and operate environmental educational and interpretive programs; . Demonstrated ability and willingness to cooperate with local and regional agencies and direct experience in working with governing boards and/or advisory committees representing such agencies; and . Demonstrated ability to conduct community volunteer and community outreach programs. 1. Background Starting in January of 1995, the County of San Diego and the City of Chula Vista pursued a "Request for Qualification" (RFQ) process to identify a Preserve Owner/lV[anager. The City of Chula Vista City Council approved a draft RFQ on February 14, 1995. The County Board of Supervisors approved a similar RFQ on March 7, 1995. Five entities or coalition of entities responded to a joint RFQ. In May 1995, representatives from the City of Chula Vista and the County of San Diego conducted candidate interviews. The State Fish and Game Department and Federal Fish and Wildlife Agency, the Otay River Valley Citizen Advisory Committee and representatives from the property owners participated in the interview process. After the interviews, the City and County jointly concluded that the role of the Preserve Owner/lV[anager needed to be better defined and that the cost of operating the preserve needed to be more precisely calculated. It was further concluded that none of the candidates, acting alone, demonstrated the range of skills and experience necessary to permanently perform the POM function. Additionally, many of the candidates expressed discomfort at being asked to make a long term commitment to a 11,375 acre preserve without better definition of the preserve and attendant POM responsibilities. In response to these issues, the City and the County agreed that it is desirable to select themselves as an interim preserve owner/manger until greater information is known about the scope and nature of the preserve. Page 41 9/6/95 /J ~ 0'-' Otay Ranch Phase 2 Resource Manaoement Plan II. Preserve Manaoement. Convevance. Fundino 2. POM Management Structure The following are the elements of the Otay Ranch POM Management Structure. . The City of Chula Vista and the County of San Diego jointly name each other as the interim Otay Ranch Preserve Owner/J.\.1anager, . The City of ChuIa Vista and the County of San Diego execute a joint powers agreement to delineate their respective roles and responsibilities (Appendix 12). . Property conveyed to the interim POM be conveyed to the City and the County with an undivided interest, . The City of Chula Vista and County of San Diego jointly exercise responsibility and authority to review and comment on the various tasks, plans and programs identified in the RMP, . The Board of Supervisors designate the Chief Administrative Officer to exercise the review and comment authority described above, . The City of Chula Vista designate the Chula Vista City Manager as authorized to exercise the review and comment authority described above, . The responsibility for the various RMP tasks be generally allocated to the City and the County according to the following broad classifications: . Environmental Education - City of Chula Vista . Research and Monitoring - COUIity of San Diego . Resource Protection and Management - County of San Diego . Recreation - City of Chula Vista . Law Enforcement - County of San Diego Page 42 9/6/95 ..3 (c Olay Ranch Phase 2 Resource Manaqement Plan II. Preserve Manaqement. Convevance. Fundinq . The City of Chula Vista and the County of San Diego would retain independent authority to contract with other parties to perform their respective allocated tasks. Exhibit 7 below contains an organization chart illustrating the relationships between the City of Chula Vista, the County of San Diego and the. various POM functions. Exhibit 8 below delineates and allocates the responsibilities consistent with the categories listed above, according to specific GDP/RMP identified POM tasks. Page 43 3/6/95 "'..., -< ' v. Olay Ranch Phase 2 Resource Manaaement Plan II. Preserve Manaaement. Convevance. Fundina Exhibit 7. POM Organization Chart Page 44 9/6/95 .:JS Otay Ranch Phase 2 Resource Manaoement Plan II. Preserve Manaaement. Convevance. Fundina Exhibit 8 Preserve Owner/Manager Tasks Resource Re.eal'cb Protection GDP Identified Environmental .ad .ad L.... POM Task Ed ucatioD Monitorinrl M.n....ement Recreation Enforcement Policv 3.2 RestoratioD Coordinate programs are intended to Restoration mitigate (or disturbance of With POM sensitive habitats aS80Ciated with development of Otay Ranch shall be funded and designed by the landowner in coordination with the Preserve OwnerlManager and the appropriate jurisdiction. Implementation of such restoration programs sball be by an appropriate entity acceptable to the Preserve OwnerlManager and the appropriate jurisdiction. (RMP. Page 82) Policv 3 3, Restoration Restoration programs may be Banking implemented for purposes Governed by other than compensation of POM impacts associated with development of Otay Ranch. Such programs shall be funded. designed and implemented by the Preserve OwneriManager or other entity acceptable to the Preserve OwnerlManager. ffiMP. Pa.. 821 Policy 5 2. Standards: Prevent Responsibilities of the Degradation of Preserve OwnerlManager Preserve shall include. but not be Resources limited to, the following: Maintenance of existing high quality resources througb tbe prevention of further disturbance, including controlling acceae to the Preserve. prohibiting off. road traffic. enforcing Mno trespasaing" rulel. and curtailing activitiell that degrade rellOuteell, such as grazing, shooting, and illegal dumping. Monitoring of resources to Monitor identify change. in the Resource quality and quantity or Pre..... sensitive resources and habitats. Ps,:e 4.5 916/95 :?</ v. Otay Ranch Phase 2 Resource Manaoement Plan II. Preserve Manaoement. Conveyance. Fundino Re.ource Research Protection GDP Identified Environmental and and La.. POM Tuk EducatioD Monitorin.. Man...ement Recreation En(orcement Implementation and Implement Coordinate monitoring of restoration Monitoring Restoration activities, aa appropriate (it is understood. that some restoration activities may be carried out by individual Otay Ranch developers in coordinatioD with the Preserve OwnerlMana"'er\. Implementation of Maintain maintenance activities Preserve including removal of trash. litter. an other debris. maintenance of trai1systems. removal and control of exotic plant species (weeds), and control of cowbirds through trannin... efforts. Development of educational Develop facilities and nature Educational internretive nro'""ams. Pron-ams Implementation and/or Accommodate accommodation ofresearth Research uroll'Tams. Coordination with local Coordinate With Resource Agencies jurisdictions, resource agencies. and adjacent ownershins. Coordination with the Otay Coordinate With JEP A Valley Regional Park JEP A. or subsequent park planning entity, regarding issues associated with Otay Valley Revional Park. Enforcement activities. I Provide Law Enforcement Review of RMP Amendments. Preserve boundary Review RMP Amendments adjustments. i.nfra8tructure plans, plans for active recreational uses with the Preserve. plans fur land uses adjacent to the Preserve and other activities/studies as identified :\the RMP. (RMP. PaKes 93.94 Poliey 6 1. Standard.: Direct Re.ponsibiliti.. oCthe Interpretive Preserve OwnerlManager Center ahall include. but not be limited to. the following: 1. Under the direction of the Preserve OwnerlManager. 88 an interpretive C8nter(s) ahall be constructed to display and interpret tbe bioloKical. paleontological, and cultural resources "resent on Ota" Ranch. Page 46 9/6/95 LIe Otay Ranch Phase 2 Resource Manaqement Plan II. Preserve Manaqemenl. Convevance, Fundinq RelDuree Research Protection GDP Identified Environmeatal and and Law POM Tuk Education Monitorin- Manal'ement Recreation Enforcement 2. Construct a native plant Construct Native Use Materials nursery and/or botanic Plant Nursery in Restoration garden to be used for public education of native plants and plant communities and for restoration activities. 3. The sale of educational Educational materials. books. and plants Materials shall be allowed. (RMP. Page 103) Policv 6 2. Standards: (1) Consult With Siting and design of active JEPA n!creational use. shall be Regarding subject to review and Recreation comment by tbe Preserve Design OwnerlManager in consultation with the JEP A of the Otay Valley Regional Park and shall be consistent with plana for the 018Y Valley =~ Park when adopted. , Pal'e 103) Policv 6 3 Standard: A Construct Trail Construct qualified firm ,hall be hired Design Trail Design to design and implement construction or a trails syetem through the Preserve, following review and comment by the Preserve OwnerlManager and resource allencies. mirP, Palnl 104) Poli~ 6.5. Identity restricted Identify use area within the Preserve. Restricted Use Standard: Public access may Areas be restricted within and adjacent to wetlands, vernal pools, reetoration areaa. and sensitive wildlife habitat (e.g.. during breeding season) at the discretion of the Preserve O:~erlManager. (RMP. Page 10 . Policy 6 6. Guidelines: Infcastnlcture planA and their implementation shall be subject to review and Review Infrastructure Plans comment by tbe appropriate jurisdictions in coordination with tbe Preserve OwnerlManager. (RMP, Page \071 Page 47 216/95 ,,j/ Otay Ranch Phase 2 Resource Manaoement Plan II. Preserve Manaoement. Conveyance. FundinO Resource Reuarch Protection GDP Identified Enviroomental and and La.. POM Talk Education Monitorinll' Manalf'ement Recreation Enforcement Policy 6.8 Ecologically Authorize necessary controlled burning Controlled may be permitted within the Bums Preserve. Standard: Where and when it is deemed appropriate Cor the enhancement ofbiologica1 resources by the Preserve OwnerlManager. and subject to review by the County of San Diego and the City of Chula Vista with advice from the resource agencies (USFWS. CDFG), controlled burning shall be conducted within tbe Preserve. (RMP. Palle 113) Policy 7 1 All development plans adjacent to the edge of the Preserve shall be subject to review and comment by the Review Edge Plana Preserve OwnerlManager, tbe City of Chula Vista. and the County of San Diego to aaaur8 consistency with resource protection objective8 and Policies. I1>MP. Pa- 114) Policy 8 3 Construction activities aasociated with infrastructure neceaaary for implementation of an approved development plan shall be allowed 3a an interim Review Facility Construction Plana activity. Standard: All construction activities shall take place in accordance with standards and criteria outlined in the conceptual infrastructure improvement plana u required in Policy 6. Tbe improvement planlsball be subject to approval by the appropriate jurisdiction and review by the Preserve OwnerlManager. (RMP. Page 116) Page 48 9/6/95 / /;-(' L..--.,' , Olay Ranch Phase 2 Resource Manaoement Plan II. Preserve Manaoement. Convevance, Fundino Re.ource Ruearch Protection GDP Identified Environmental and and ww POM Talk Education Monitorio. ManaIFement Recreation EDlor-cement Policy 8 4 Develop a Range Management Plan Standard: A Range Management Plan. which will Review Range Management Plan depict the allowable interaction between grazing activity and sensitive resources. shall be developed as part of the aubmittal of tbe first SPA in the Phase 2 .' RMP. Under this plan. the most sensitive are.. (i.e.. areas that support sensitive speciea) _ball have re.tricted accesa either by fencing or other appropriate method.. The plan sball be subject to review and comment by the Preserve OwnerlManager. the City ~~he County. (RMP, Pa"'e 11 Policy 9 6 Establish a procedure for amending the RMP. Standard: Following notice of public hearing, the RMP may be amended by the legislative Review RMP Amendments body having juriadiction over the use of land dected by the amendment. provided that all such amendmentli shall be subject to review and comment by the Preserve OwnerlManager. by the City of Chula V1.8ta. and by the County,~~San Diego. (RMP, Pall'e 119 Policv 9 8 Standard: All amendments to the RMP that would reduce the size or substantially revise the location of the Preserve Review Changes To Preserve Boundaries . boundary, or that would in any way delay the conveyance ot all or portions ot the Preserve to the OwnerlManager, shall require written approval by both the City of Chula Vista and the County of San Diego. (RMP, Pa"e 12l) Page 49 9/6/95 //3 Olay Ranch Phase 2 Resource Mana ement Plan 11. Preserve Mana ement Conve ance Fundin B. Preserve Conveyance Plan The Otay Ranch General Development Plan/Subregional Plan and the Phase 1 Resource Management Plan contain the following policy language: Policv: Develop and obtain City and County approval (in coordination with the owner/manager) of a plan for the orderly conveyance of dedicated parcels of land to the Preserve. (GDP/SRP Page 376; RMP Policy 9.6-9.8). The Phase 1 RMP outlines the standards and criteria that will guide design of the conveyance schedule, as follows. . First priority shall be given to conveyance of highest quality resources (such resources may include vernal pools on Otay Mesa, Diegan coastal sage scrub habitat in the Salt Creek area, gnatcatcher population areas in the western San Ysidro and central Proctor Valley areas, or potential wetlands restoration areas in the Otay River Valley [depending upon the status of regional park plans and wetlands restoration plans at the time Otay River Valley parcels are conveyed]). . First priority shall be given to conveyance of most vulnerable areas (Le., those most subject to potential or ongoing disturbance) ; . Conveyance shall occur in an orderly manner beginning with an identified "keystone" parcel (e.g., vernal pool areas, Salt Creek area, Otay River Valley, central Proctor Valley, western San Ysidro) and proceed to the next logical block of land; . Areas with restoration potential shall be conveyed early in order to begin long-term research and restoration activities early in the process (e.g., Otay River Valley, vernal pool areas, potential Diegan coastal sage scrub/maritime succulent scrub restoration areas north and south of the Otay River Valley); Page 50 9/6/95 / LI' Olay Ranch Phase 2 Resource Manaoement Plan II. Preserve Manaoement. Convevance. Fundinq · Cumulative acreage conveyed shall be greater than or equal to the cumulative acreage of the proposed SPA/Specific Plan development; · General guidelines regarding in-kind mitigation and no net loss of wetlands shall be considered in the development of the conveyance schedule, particularly in the context of applicable State and Federal regulations (it is understood that in-kind mitigation may not always be the preferable approach to achieve the goal of establishing a functioning manageable Preserve); · Applicable State and Federal regulations regarding protection of sensitive habitat and species shall be followed in the development of the conveyance schedule; · The Preserve Owner(s)/Manager(s) shall participate in preparation of the conveyance schedule. 1. Conveyance Issues The purpose of the Conveyance Plan is to identify policies for the orderly conveyance of Otay Ranch land to the Preserve Owner/Manager. Creation of the plan requires the resolution of three Issues: · How much land must each village convey to ensure the eventual conveyance of the 11,375 acre preserve to the POM? · What governmental approval triggers actual conveyance of land to the POM? · On a village by village basis, where will land be conveyed? Page 51 90.'95 1./[;" , Otay Ranch Phase 2 Resource Manaoement Plan II. Preserve Manaaement. Convevance. Fundina 2. Conveyance By Village On the surface, the question of how much land each village must convey is deceptively simple. The obvious answer is that each village should convey its proportionate share of the preserve. The GDP permits 11,524 acres ofland to be developed and requires 11,375 acres of land to be conveyed for the preserve. Thus, it appears reasonable to conclude that for each acre of development, roughly one acre of preserve land should be conveyed (actual ratio is 1:0.9871 acres). However, this conclusion assumes that all land development in each village should have an equal obligation to convey land. Such is not the case because some villages contain lands for facilities which will serve more than the residents of that village. Such facilities include local parks, schools, arterials, SR-125 and lands designated as a public use area (Otay Valley Water Reuse Site). This analysis refers to the lands as "common uses". The common use problem is solved by deleting common use acreage from village development totals and apportioning the obligation to convey land for the development of such areas to all the villages. A second allocation problem must also be addressed. Two villages contain "Limited Development Areas" (LDA) (Village 16 [370 acres] and Village 17 [795 acres]). LDA is a GDP land use designation within which "removal of native vegetation would be prohibited except as necessary for construction of roads and utilities." "Buildings or other structures, agriculture, landscaping, livestock, grazing, trash disposal or fences" are not allowed within these areas. However, the GDP provides LDAs may be included within private lots. Page 52 9/6/95 t'/& Olay Ranch Phase 2 Resource Manaoement Plan II. Preserve Manaoement. Convevance. Fundino Thus, while these areas are restrictive natural open space, they are deemed to be areas subject to development by the GDP acreage calculations. It would be unreasonable to require the conveyance of land to the preserve, upon the subdivision of LDA area into private lots, since the mere inclusion of open space in a private lot does not cause an impact necessitating mitigation. The LDA problem is solved by deleting the LDA acreage from the village development totals. This increases the preserve conveyance obligation for the remaining development areas of Otay Ranch. Deleting LDA lands and common use lands alters the obligation to convey land from 1 acre conveyed per 1 acre of development to 1.188 acre conveyed per 1 acre of development. Under this approach, land would not be conveyed upon the development of "common use land" or the subdivision of LDA land into private lots. Based upon the GDP land use designation, application of the principals discussed above would result in a conveyance obligation on a village by village basis as shown in Exhibit 9. Page 53 9/:/95 II7 I I Olay Ranch Phase 2 Resource Manaaement Plan II. Preserve Manaaement. Convevance. Fundina Exhibit 9 Preserve Land Conveyed - Forecasted by Village Total Conveyance Developable Obligation, Villa"e Acres Acres Village 1 904 1.039 Village 2 775 864 Village 3 318 373 Villa Ire 4 607 705 Villalre 5 493 555 Village 6 365 407 Villalre 7 412 377 Villaee 8 343 385 Villaee 9 364 409 Villaee 10 334 316 Villaee 11 455 458 PA 12 EUC 439 464 Villaee 13 ffi.esort) 783 914 Village 14 (Proctor Vallev ) 829 960 Village 15 (San Ysidro West) 800 934 Villaee 16 (Jamul) 1.117 884 Villaee 17 (San Y sidra East) 1.611 968 Plamrine Area 18a 216 256 Plamrine Area 18b 70 83 Plamrine Area 19 20 24 SR 125 182 0 Public 20 0 lArterials 69 0 TOTALS 11,524 11.375 Page 54 . I,' ~ 9/6/95 L/ (? Olay Ranch Phase 2 Resource Manaqement Plan II. Preserve Manaqement. Convevance. Fundino Exhibit 9 above, forecasts the conveyance obligation on a village by village basis applying the acreage data contained in the GDP/SRP. Exhibit 10 below illustrates how, based upon actual SPA One land plans, the amount a conveyance may differ slightly from the forecasted amount. These differences will not result in a change in the total acres eventually conveyed to the Preserve, unless there is a change in the amount to land actually developed (GDP-wide). That is, the GDP permits the development of 11,524 acres. If fewer acres are actually developed, proportionately fewer acres will be conveyed to the Preserve. In a similar manner, if the size of an individual village (at the SPA level of planning) differs from the size identified in the GDP/SRP, that village's conveyance obligation will also change proportionately from that forecasted. As summarized in Exhibit 10 below the GDP identified SPA One area (Village One and Five) as containing 1,397 developable acres. Application of the conveyance methodology discussed above translates into a SPA One conveyance obligation of 1,594 acres based on GDP assumed acreage. Exhibit 10. SPA One Area Developable Acres vs. Conveyance Acres Total Conveyance Developable Obligation, VilIae:e Acres Acres Villal're 1 904 1.039 Villal're 5 493 555 Total 1.397 1.594 However the actual SPA One land plan differs from the GDP identified acreage, as depicted in Exhibit 11 below. The actual SPA One land plan permits development of 1,061 acres, which translates into a conveyance obligation of 1,186 acres. The differences between the GDP acreage and those contained in the actual SPA One land plan are attributable to the following considerations. The GDP Village One area included the lands west of Paseo Ranchero, the SPA One land plan does not. The actual alignment of the arterial road forming the boundary of the SPA One land plan differs slightly from the assumed Page 55 916/95 ;10 ---/ " Olay Ranch Phase 2 Resource Manaoement Plan II. Preserve Manaoement. Conveyance. Fundino alignment in the GDP. The SPA One land plan schools and parks are slightly larger than assumed in the GDP. Exhibit 11 Difference Between SPA One Land Plan and GDP Identified Acreage. SPA Conveyance GDP ViIlalte Area Annlication Park School Net ObliO'ation Forecast Difference Village One 585 21 12 552 656 1.039 Village Five 476 19 12 446 529 555 Total 1.061 39 24 998 1,186 1,594 West Of Paseo 264 264 313 Ranchero Total 1,325 39 24 1,262 1.499 1.594 -95 Page 56 9/6/95 c:-/) '-' ~ Otay Ranch Phase 2 Resource Manaoement Plan II. Preserve Manaoement. Convevance. Fundino 3. Conveyance Timing The RMP provides that cumulative acreage conveyed should be greater than or equal to SPA acreage. It is self evident that actual conveyance cannot occur acre by acre, as development proceeds, but must occur through the conveyance of manageable and meaningful blocks of land. Thus, the issue becomes what is a reasonable size block of land to be conveyed, and at what point in the development process should actual conveyance occur? Conveyance of larger blocks of land cannot reasonably occur upon initial SPA approval, at the start ofland development, because there is no revenue base from which to fund management of the conveyed land. Conversely, land should not be conveyed at the end of the development of a SPA because the public interest and RMP policies require that actual conveyance roughly parallels the time of impact (development). This analysis recommends that actual conveyance occur as follows: 50% of a villages' obligation to convey land occurs when the village is 50% developed; the remaining 50% of the land is conveyed upon 90% of development of the village. An exception to the rule is with respect to SPA One. Here, actual conveyance would occur upon development of 50% of SPA One and the remainder would be conveyed upon 90% of development of SPA One. "Development" as it applies to the recommendation alone, is deemed to be upon the recordation of the final maps. Based on the principals discussed above and consistent with the adopted Village Phasing Plan, conveyance is forecasted to occur on a year-by-year basis as depicted in Exhibit 12. Page 57 9/6/95 c; -~ Olay Ranch Phase 2 Resource Manaoement Plan II. Preserve Manaaement. Conveyance. Fundina Exhibit 12 Preserve Land Conveyed - Forecasted by Year Acres Year Conveyed Cumulative 1 0 0 2 0 0 3 593 593 4 0 593 5 0 593 6 797 1,390 7 432 1,821 8 204 2.025 9 1,174 3,200 10 252 3,452 11 539 3,991 12 889 4,880 13 189 5,069 14 657 5,726 15 784 6.510 16 192 6,702 17 842 7,544 18 660 8,204 19 204 8,408 20 0 8,408 21 612 9,021 22 232 9,253 23 963 10,216 24 0 10,216 25 0 10,216 26 0 10.216 27 0 10,216 28 674 10,890 29 484 11,374 30 0 11,374 Exhibit 13 below, contrasts the amount of land conveyed to the Preserve over time with the anticipated acres of sensitive resources to be impacted by development. Because development is likely to occur on the Otay Valley Parcel during the initial stages of Otay Ranch development, where there are few sensitive resources, the preserve will Page 58 r- ? 9/6/95 .:;; /\ Otay Ranch Phase 2 Resource Manaoement Plan II. Preserve Manaoement. Convevance. Fundino receive substantial preserve land well in advance to any corresponding impacts. Exhibit 13 Contrast - Conveyance With Sensitive Resources Impact Cumulative Land Conveyed Cumulative Sensitive Land Compared to Year Land Conveved Impacted Resources Impacted 1 0 0 0 2 0 0 0 3 593 0 593 4 593 71 522 5 593 180 413 6 1.390 289 1.101 7 1.821 398 1.423 8 2.025 488 1.538 9 3.200 639 2.560 10 3.452 954 2.498 11 3,991 1.272 2.719 12 4,880 1,497 3.384 13 5,069 1,715 3.354 14 5,726 1,939 3.787 15 6.510 2,111 4.398 16 6.702 2,284 4,418 17 7,544 2.456 5.088 18 8.204 2.623 5.581 19 8,408 2,784 5.624 20 8,408 2,890 5.519 21 9,021 2,995 6.025 22 9.253 3.091 6,162 23 10,216 3,186 7.029 24 10,216 3,282 6,934 25 10,216 3,354 6,862 26 10.216 3,426 6,790 27 -t[216 3.498 6,718 28 .890 3.570 7.320 29 11,374 3.642 7,732 30 11.374 3.714 7.660 Page 59 9/6/95 53 Olay Ranch Phase 2 Resource Manaoement Plan II. Preserve Manaoement. Convevance. Fundinq 4. Conveyance Location The RMP provides the following guidance regarding the location of conveyed land: . Priority is given to high quality resources. . Priority is given to most vulnerable areas. . Conveyance should begin with "keystone" parcels (vernal pool areas, Salt Creek, Otay River Valley, Central Proctor Valley, Western San Ysidro). . Potential restoration areas should be conveyed early. A key additional consideration is the practical constraints imposed by areas of ownership. Otay Ranch is currently owned by three parties (The Baldwin Company affiliates, the Stephen and Mary Birch Foundation (SMBF) and Greg Smith). 5MBF own portions of Villages 2, 4, 8 and 9, much of the Otay River Valley, the western half of Village 15 and portions of Planning Area 16. Greg Smith owns the Inverted "L" area of Village 14, a small portion of Village 13 and adjacent open space, the eastern portion of Village 15 and the eastern edge of the vernal pool preserve area. The Baldwin Company affiliates own the remaining areas. Thus, preserve land conveyed should reflect the ownership of the land developed. Based on the principals above, the accompanying exhibits identify areas of conveyance on a village by village basis. ,. Page 60 9/6/95 5~1 EXH IBIT 14 PAGES 61 THROUGH 81 IS NOT AVAILABLE CC- '-' '-' Olay Ranch Phase 2 Resource Manaoemenl Plan II. Preserve Manaoement. Conveyance. Fundino 5. Restoration Analysis The Otay Ranch RMP and Findings of Fact require the restoration of 1,300 acres of coastal sage scrub (CSS) throughout the build-out of the Otay Ranch project. The Coastal Sage Restoration Master Plan (Appendix F8) identifies the candidate areas that are available for restoration. The purpose of this analysis is to identify the obligation to restore coastal sage scrub and maritime succulent scrub (MSS) on a village-by- village basis. . a. Coastal Sage Scrub As depicted in Exhibit 15 below, development of the Otay Ranch villages and planning areas would impact approximately 2,105 acres of coastal sage scrub. Another 460 acres of degraded coastal sage scrub (dCSS) would also be impacted as well as 79 acres of coastal sage scrub/native grasslands (CCS/NG) and 6.7 acres of CSS/MC. Thus, the total area of coastal sage scrub (of some variety or correlation) impacted through the development of Otay Ranch is approximately 2,644 acres. This calculation assumes that all the area within a village shown within a GDP "development blob" will impacted. However, some of these areas may be preserved due to environmental or land uses decisions made at the SPA level of planning. On the other hand, the analysis does not include the coastal sage scrub resources disturbed as a consequence of development outside of road or public facility improvements of a village. As discussed in the conveyance plan, the obligation to restore coastal sage scrub should relate to impacts to coastal sage scrub on a village- by-village basis. That is, for every acre of coastal sage scrub disturbed or destroyed within a village, the village applicant should be required to restore a compensating amount of coastal sage scrub elsewhere Page 82 9/6/95 c/,.. '-'~ Otay Ranch Phase 2 Resource Manaoement Plan II. Preserve Management. Convevance. Fundinq within Otay Ranch to ensure 1,300 acres of coastal sage scrub will be restored at buildout. Under this approach, for every one acre of coastal sage habitat destroyed on a village-by-village basis, the applicant would be required to restore 4.92 acres of coastal sage scrub elsewhere in Otay Ranch. Exhibit 15 below depicts the resulting restoration obligation for this alternative. Exhibit 15 CSS Restoration Allocation By Village CSS clCSS CSSING CSSIMC Total Restoration Village 1 56.9 0.0 0.0 0.0 56.9 27.9 Village 2 28.5 0.0 0.0 0.0 28.5 14.0 Villalle 3 4.3 0.0 0.0 0.0 4.3 2.1 Village 4 70.8 0.0 0.0 0.0 70.8 34.7 Village 5 0.0 0.0 0.0 0.0 0.0 0 Village 6 0.0 0.0 0.0 0.0 0.0 0 Villalle 7 0.0 0.0 0.0 0.0 0.0 0 Village 8 22.2 0.0 0.0 0.0 22.2 10.9 Village 9 3.4 0.0 0.0 0.0 3.4 1.7 Village 10 3.0 0.0 0.0 0.0 3.0 1.5 Village 11 0.0 0.0 0.0 0.0 0.0 0 Village 12 0.0 0.0 0.0 0.0 0.0 0 Village 13 329.2 50.8 0.0 0.0 380.0 186.4 Village 14 188.4 146.8 0.0 0.0 335.2 164.4 Village 15 463.6 0.0 42.4 6.7 512.8 251.5 Village 16 379.4 245.6 0.0 0.0 625.1 306.6 Village 17 538.5 0.0 36.5 0.0 574.9 282.0 Village 18A 10.2 0.0 0.0 0.0 10.2 5.0 Village 18B 6.3 0.0 0.0 0.0 6.3 3.1 Village 19 0.0 16.6 0.0 0.0 16.6 8.2 Total 2,104.8 459.9 78.9 6.7 2,650.4 1,300.0 Page 83 9/P /95 [;7 Olay Ranch Phase 2 Resource Mana ement Plan II. Preserve Mana ement Conve ance Fundin b. Maritime Succulent Scrub (MSS) The Otay Ranch RMP and Findings of Fact require that 56 acres of MSS be restored through the build-out of Otay Ranch. Identical to the rationale discussed above, the obligation to restore MSS arises when the MSS habitat is disturbed or destroyed. As depicted in Exhibit 15 below, there is approximately 35 acres of MSS located within Otay Ranch villages and planning areas. In order to ensure that 56 acres of MSS are restored, each village would have to restore 1.6 acres of MSS for every 1 acre of MSS taken within the village. Application of this ratio results in a village-by-village restoration obligation as depicted in Exhibit 16. Exhibit 16 Maritime Succulent Scrub Allocation By Village MSS Restoration Villalle 1 10.5 16.8 Village 2 1.5 2.4 Village 3 0.3 0.5 Village 4 10.3 16.5 Village 5 0.0 0.0 Village 6 0.0 0.0 Villalle 7 0.0 0.0 Villalle 8 0.0 0.0 Village 9 1.4 2.3 Village 10 11.0 17.6 Village 11 0.0 0.0 Village 12 0.0 0.0 Village 13 0.0 0.0 Village 14 0.0 0.0 Village 15 0.0 0.0 Village 16 0.0 0.0 Village 17 0.0 0.0 Village 18A 0.0 0.0 Village 18B 0.0 0.0 Village 19 0.0 0.0 Total 35.0 56.0 Page 84 9/6/95 ~' Otay Ranch Phase 2 Resource Manaqement Plan II. Preserve Management. Convevance. Funding c. Preserve Funding Program The Otay Ranch General Development Plan/Subregional Plan and the Phase One Resource Management Plan contain the following policy language: Policv: A draft funding program shall be submitted for review in conjunction with the review of the first SPA. The draft document shall be reviewed and adopted by the City of Chula Vista, County of San Diego, with the advice and consultation of the Preserve Owner/Manager, and interested agencies. A final funding program shall be adopted prior to or concurrent with the approval of the first SPA. The program shall include (1) all sources of funding (not reliant on City or County general funds); (2) a five-year management plan; (3) a five-year budget; (4) proposed staffing; and (5) provisions for availability of initial start-up funds upon conveyance of the first parcel to the Preserve. (GDP/SRP Page 379; RMP Policy 5.12) 1. Funding Program Context Upon buildout of Otay Ranch and implementation of the Otay Ranch Preserve, the 11,375 acre preserve will be the largest urban open space system in San Diego County. The preserve's proximity and relationship to adjacent Bureau of Land Management land and other open space systems provide the opportunity for the preserve to be part of an unparalleled open space system. It is therefore foreseeable that the Otay Ranch preserve will evolve into a complex system within which a variety of activities will be performed and relationships established. The purpose of this funding section of the Phase 2 RMP is to identify forecasted preserve costs, identify funding sources and prepare an anticipated budget for the preserve system. The primary focus of the funding plan is to specify the financial relationships between the Otay Ranch properties3 and 3 The phrase "Otay Ranch properties" refers to the current and future ownerships of Otay Ranch land and land based financing derived from Otay Ranch property. Page 85 :;G/9S CCi '-' . Olay Ranch Phase 2 Resource Manaoement Plan II. Preserve Management. Convevance. Fundino the preserve and preserve owner/manger. However, this discussion should occur in a context of the relationship between the Otay Ranch preserve and other activities. Specifically, the plan must consider the following topics. . The multiplicity of interested parties. . The relationship between the Preserve and the Otay Valley Regional Park. . The relationship between the Preserve and the MSCP. . The relationship between the preserve and opportunities to expand the preserve beyond those activities which are the responsibilities of the Otay Ranch properties (through enhanced services or regional benefits). Exhibit 17 below graphically organizes the multiplicity of issues and relationships related to the funding of the Preserve Owner/Manager and the preserve. The exhibit examines which entity is responsible for the performance of specific tasks and which entity is responsible for the funding of specific tasks. The exhibit is divided between those tasks for which there is a nexus between the tasks to be performed and the Otay Ranch properties. In those instances where there is an established nexus, the Otay Ranch properties are directly responsible for the performance of the task or responsible to provide the funding for the performance of the task by a third party (usually the Preserve Owner/Manager). The exhibit also identifies tasks for which there are no nexus between the Otay Ranch properties and the preserve. These tasks are divided into three categories: enhanced, regional park, and regional benefit. Enhanced tasks are those opportunities that may be present in the future to increase the Otay Ranch preserve boundaries or activities by providing funds for greater or new management, monitoring, research, restoration or educational programs. Enhancement opportunities could also include increasing preserve boundaries by preserve acquisition of otherwise developable property, or by expediting conveyance in advance of the established conveyance schedule. These Page 86 9/6/95 {p 6 Olay Ranch Phase 2 Resource Manaoement Plan II. Preserve Management. Conveyance. Funding enhancement opportunities are not the responsibility of the Otay Ranch properties but may be accomplished through, and by third parties (the MSCP, banking, grants, or General Fund contributions). a. Regional Park The Otay Ranch GDP imposes the obligation to convey 11,375 acres to the Preserve Owner/Manager on the property owners. Of this amount, up to 400 acres may be used for active recreation use within the Otay Valley Regional Park. Currently the City of Chula Vista, the County of San Diego and the City of San Diego are jointly planning such a park. The Otay Ranch GDP has not addressed the relationship between the Preserve and the Regional Park. However, it is anticipated that the Otay Ranch properties would convey land in fee to the Preserve Owner/Manager. The Preserve Owner/Manager would hold title to the land, and permit (through a lease or some other instrument) the Regional Park to operate within the preserve. Neither the GDP nor any other Chula Vista or County program require the Otay Ranch properties to fund the construction, operation or maintenance of a regional park facility. Additionally, while the Otay Ranch GDP requires the identification of a nature interpretive site, neither the GDP nor any other City or Chula Vista regulation require the Otay Ranch properties to directly construct such a center or pay for the construction, operation or maintenance of such a facility. Thus, an issue to be addressed by the JEPA at some future date is clarification of the relationship between the preserve and the regional park, and identification of funding sources for park construction, operation and maintenance along with the construction, operation and maintenance costs of a nature interpretive center. Page 87 9/6/9:: (p / Otay Ranch Phase 2 Resource Mana ement Plan II. Preserve Mana ement Conve ance Fundin Exhibit 17 Preserve Funding/Performance Context Otav Ranch Pronerties Nexus No Otav Ranch ProDerties Nexus Task Pre- Post- Enhanced. Regional Park Regional Benefit....... Conveyance Conveyance Property N/A N/A Performance: N/A Performance: POM Acquisition POM Funding: MSCP. Funding: MSCP, Banking, Grants Bankine:. Grants Capital Costs Performance and Performance: Performance: Performance and Performance: POM (trails. fences. Funding: POM POM Funding: Park Funding: MSCP. etc) Property Owner Funding: DIF or Funding: MSCP. Owner! Banking, Grants. HMF or Other Banking, Grants Operator General Fund. Assessment.... Contribution Operations Performance and Performance: Performance: Performance and N/A and Funding: POM POM Funding: Park Maintenance Property Owner Funding:. DIF, Funding: MSCP, Owner! Operator H1{F' or Other Banking, Grants Assessment RevegetationJ Performance and Performance and Performance: None required Performance: POM Restoration Funding: Funding: POM Funding: MSCP. Property Owner Property owner Funding: MSCP. Banking, Grants. (as related to (as related to Banking, Grants General Fund impact impact Contributions miti~ation) miti~ation) Other Plans or Performance and None required Performance: None required Performance: POM Studies (vireo, Funding: POM Funding: MSCP. grasslands. Property Owner Funding: MSCP, Grants ete.) (SPA bv SPA) Grants .Enhanced _ Increases in preserve boundaries or activities by reducing development, expediting conveyance. providing enhanced or neW management, monitoring, research, instructive or educational programs, maximization of impact avoidance. ....DIF . Development Impact Fee; HMF - Habitat Maintenance Fee .....The extent to which the preserve, its improvements and programs benefit residents beyond Otay Ranch. Page 88 9/6/95 0-1 Olay Ranch Phase 2 Resource Management Plan II. Preserve Management. Convevance. FundinQ b. Regional Benefit As discussed throughout this document, the Otay Ranch properties have an obligation to convey 11,375 acres to the Preserve Owner/Manager for the purposes of establishing a preserve. The exaction of an 11,375 acre preserve from the Otay Ranch properties must, according to State law, be reasonably related to the burden created by the development of the property. Conversely, there must be a reasonable relationship between the benefits provided by the exaction and the development. The preserve, because of its size, relationship to other open space lands and relationship to other developed lands, offers public benefits which are enjoyed well beyond the residents of Otay Ranch. Thus, while the current and future property owners and residents of Otay Ranch are obligated to directly or indirectly pay for the creation, maintenance and operation of the preserve, the benefit of the preserve accrues to more than just Otay Ranch residents. The concept of regional benefit of a large scale open space system is thoroughly discussed in the Draft MSCP Program which recognizes the need that all San Diego County residents be assessed a fee or tax to help pay for the general public benefit associated with the MSCP preserve system. A similar rationale applies to the Otay Ranch preserve. Accordingly, for the property owners and residents of Otay Ranch to be treated in an equitable manner, if the MSCP program or other comparable regional or subregional habitat conservation program is implemented through a broad-based fee or tax for the maintenance and operation of a regional preserve, the separate financial obligation imposed upon Otay Ranch residents should be eliminated. Page 89 /- 3 9/6/95 V' Otay Ranch Phase 2 Resource Management Plan II. Preserve Management. Convevance. Fundinq c. National Wildlife RefUge In June 1995, the United States Department of Interior, Fish and Wildlife Service released the "Proposal for Wildlife Habitat Protection - Concept Plan for San Diego National Wildlife Refuge, San Diego County, California". The Concept Plan states that the US Fish and Wildlife Service is studying a range of wildlife habitat protection alternatives in the San Diego region and is considering protecting some areas as part of the National Wildlife Refuge System. The Refuge System numbers more than 504 refuges throughout the United States, encompassing more than 82 million acres. Within San Diego, their are two refuge complexes, the Sweetwater Marsh National Wildlife Refuge and the Tijuana Slew National Wildlife Refuge. The Concept Paper proposes the San Diego National Wildlife Refuge to include 44,800 acres in the Otay/Sweetwater areas of San Diego County as depicted in Exhibit 18. The Otay/Sweetwater planning area stretches from Lebron reservoir along the Sweetwater river to the Sweetwater Reservoir: encompasses San Miguel, Mother Miguel and Jamul Mountains; extends along the northern franks of the San Ysidro Mountains and portions of Otay Mesa; and runs west of SR-94 between Jamul and Rancho San Diego. The Concept Paper states that identification of a habitat protection area or refuge plan area does not place any new or additional regulatory burdens upon owners of land within the proposed refuge boundaries. Once land is placed is placed within a National Wildlife Refuge, land does not become part of the refuge system until they are purchased or placed under agreement within individual land owners. The US Fish and Wildlife Service has a policy to acquire lands only from willing sellers. Lands required from the sellers are removed from the tax roles, however the Fish and Wildlife Service has practice of reimbursing County's to reduce revenue loss due to federal acquisition of private property. Page 90 9/6/95 (p ~J Olay Ranch Phase 2 Resource Management Plan II. Preserve Management. Convevance. Funding Exhibit 18 Proposed San Diego National Wildlife Refuge Page 91 9/6/95 05' Otay Ranch Phase 2 Resource Management Plan II. Preserve Management. Convevance. Fundinq Should portions of the Otay Ranch Preserve be included in the San Diego National Wildlife Refuge, then the duty to maintain and operate the Preserve would become the obligation of the Fish and Wildlife Service. If this occurred then the obligation of developed Otay Ranch properties to fund such an operation would be eliminated. Under those circumstances, the assessment burden discussed elsewhere would need be decreased. d. Otay Ranch Properties The Otay Ranch GDP established several tasks which are the direct or indirect responsibility of the Otay Ranch properties. Direct responsibility would be those tasks which would be performed by current or future Otay Ranch property owners. Indirect obligation would be those tasks which would be funded by current and/or future Otay Ranch property owners through a land based assessment. The broad task which are the responsibility of Otay Ranch property owners are as follows. . Conveyance ofland, . Funding of the operation and maintenance of the preserve, . Funding of a Biota Monitoring Program, . Performance or funding of restoration programs. Each of these is discussed below. The Otay Ranch preserve funding program is based on the assumption that Otay Ranch properties will directly convey preserve land to the Preserve Owner/Manager without financial consideration. Relative to capital costs, the Otay Ranch funding program is based on the assumption that prior to conveyance of land to the Preserve Owner/Manager, it is the obligation of the Otay Ranch properties to construct fences necessary to protect the conveyed property. After conveyance of the property, it is the obligation of the Preserve Owner/Manager to perform capital improvements and the obligation of Otay Ranch properties to fund such improvements to the extent that Page 92 /. ,';" 9/6/95 LV '<-' Olay Ranch Phase 2 Resource Manaoement Plan II. Preserve Management. Convevance. Funding there is a relationship between the improvements and the approved development (i.e., there is no obligation to fund regional park capital improvements or any capital improvements beyond those contemplated in the GDP). It is the obligation of the Otay Ranch properties to maintain land before conveyance, sufficient to maintain the habitat value of the land as described in the Otay Ranch GDP. Subsequent to conveyance, it is the obligation of the Preserve Owner/Manager to perform operation and maintenance tasks. It is the obligation of the Otay Ranch properties to pay for operation and maintenance. It is the obligation of Otay Ranch properties to revegetate and restore preserve lands to the extent required by the Otay Ranch GDP prior to conveyance. Subsequent to conveyance, the Otay Ranch funding plan assumes that it is the continuing obligation of the property owner to restore and/or Revegetate land consistent with the requirements of the GDP through the direction ofthe Preserve Owner/Manager. The GDP also contemplates that the property owner must prepare a series of SP A-by-SP A plans addressing a variety of different habitats and species. This remains the obligation of the property owner and by definition, occurs prior to conveyance. Page 93 9/6'95 I" ? Otay Ranch Phase 2 Resource Manaoement Plan II. Preserve Manaoement. Convevance. Funding 2. Cost The creation and management of large scale resource management preserves is a relatively new phenomenon. Accordingly, it is difficult to identify anticipated preserve management costs. However, review of existing literature and antibella experience identifies a likely range of costs. a. County of San Diego Since 1970, the County of San Diego Department of Parks and Recreation has acquired and managed more than 31,000 of open space parkland, including urban canyons, river courses, wetlands and meadows. The Department of Parks and Recreation is charged with responsibility for managing these lands. Their management tasks include trail management and construction, fire suppression, stream corridor improvement, vector control, open space management control, biological assessments and habitat restoration including the removal of exotic vegetation. The County has experienced an average per acre annual cost for management of these lands of $ b. MSCP The public review draft of the Multi-Species Conservation Program (MSCP) contains a section addressing the cost of operation, maintenance and program management. The MSCP document concludes that based upon the information obtained from existing open space and habitat preserves, the average cost of preserve operation and maintenance is estimated to be $36.50 per year per acre. This cost includes brush and trail maintenance, fire prevention, fencing, predator control, range patrol, limited visitor and interpretive services, and amortized one time costs for equipment and facilities. The MSCP plan notes that wetland and riparian area management requires higher operation and maintenance costs than upland areas. Additionally, the MSCP plan notes that another $7.50 per acre, per year cost could be required for management and administration of the Page 94 ,-;- 9/6/95 rj,6 O!ay Ranch Phase 2 Resource ManaGement Plan II. Preserve ManaGement. Convevance. Funding MSCP. This cost includes preserve planning, preserve administration and management of acquisition programs. It is questionable whether all or part of this additional cost is necessary for the Otay Ranch preserve, since there are no acquisition or preserve planning costs associated with preserve management. c. Center for Natural Lands Management The Center for Natural Lands Management published a September 1994 study entitled "Habitat Management Cost Analysis." The report analyzes a series of existing habitat preserves and proposed habitat preserves. The report notes that the annual costs range from $17 to $460 per acre for existing projects and $8 to $529 per acre for a proposed project. Based upon a review of these costs, the report concludes that for a preserve containing more than 1,000 acres the cost per acre, per year should run between $10 to $75 per acre per year. The report notes that within this range of cost, projects with substantial capital improvements, a large proportion of wetlands, particularly created wetlands, or closely monitored endangered species would tend to fall at the high end of these ranges. It is important to note that the Otay Ranch preserve possesses none of these characteristics. d Santa Rosa Plateau Ecological Preserve The "Habitat Maintenance Cost Analysis" prepared by the Center for Natural Land Management contains a series of case studies. One of those case studies appears to be similar to the Otay Ranch situation, the Santa Rosa Plateau Ecological Preserve. This preserve is located on the eastern side of the Santa Ana mountains in Murietta, CA. The 7,000 acre preserve property contains oak woodland, sage scrub and native grasslands substantially similar to the content of the Otay Ranch preserve. The preserve is managed by the Natural Conservancy through a cooperative agreement with the Metropolitan Water District, the County of Riverside, the California Department of Fish and Game, and US Fish and Wildlife Service. The Preserve also contains vernal pools, riparian tenaja, and chaparral communities, Page 95 /,.. C; 9/6/95 ,.,. Otay Ranch Phase 2 Resource Manaoement Plan II. Preserve Management. Conveyance. Funding similar to Otay Ranch. Visitation to the preserve is encouraged. Visitor facilities include 15 miles of maintained hiking trails, signs, and a boardwalk. A docent program run by volunteers provides public education about the reserve. Much of the Preserve is managed by controlled burning every 5-20 years depending upon habitat type. Several restoration projects are underway and others have been concluded. These efforts include riparian and native grassland work. There is also work being done to eradicate exotic plant species. The Nature Conservancy is responsible for funding management activities and managing the reserve, which includes a manager, staff and volunteer program. The County of Riverside is responsible for providing patrol, resource protection and other enforcement activities. The California Department of Fish and Game is responsible for helping manage the endowment which funds many of the tasks on the project. The Nature Conservancy has arranged for four onsite staff members. A caretakerlbiologist and an intern both work half time and a ranger dedicates 3/4 of his time to the Preserve. The total cost for the ongoing management of the Santa Rosa Plateau Ecological Preserve is about $243,000 per year or $35 per acre, per year. e. Biota Monitoring Program Costs Exhibit 19 below is a listing of budget estimates for biota monitoring-! tasks within Otay Ranch. 4 The Biota Monitoring Plan is summarized in Section 111.5 of this report and continued in its entirety in Appendix F 11. Page 96 9/6/95 ;7t' Otay Ranch Phase 2 Resource Manaoement Plan II. Preserve Management. Conveyance. Funding Exhibit 19 Biota Monitoring Program Estimated Annual Costs Resource Year Monitorin... 1 $113.100 2 $54,100 3 $94.100 4 $76,000 5 $126,100 6 $71,100 7 $56.100 8 $52,000 9 $66,000 10 $124.000 11 $49,000 12 $68.000 13 $52,000 14 $49,000 15 $140,000 16 $52.000 17 $59.000 18 $68.000 19 $52,000 20 $121.000 21 $68,000 22 $52.000 23 $121,000 24 $68.000 25 $52.000 26 $49,000 27 $68,000 28 $128,000 29 $45,000 30 $68.000 Page 97 9/6/95 /7/ ~/. / Otay Ranch Phase 2 Resource Management Plan II. Preserve Management. Convevance. Fundino f Conclusion Based upon the analysis above, it is concluded that costs for management of the Otay Ranch Preserve could run from $25 to $45 per acre, per year. For analytical purposes, it is assumed that the cost of the Otay Ranch Preserve for operations and maintenance will be almost $35 per acre. This conclusion is reached because of the similarities of the Otay Ranch preserve and the Santa Rosa Plateau Ecological Preserve, and the estimated MSCP maintenance and operation costs. In addition, it is assumed that the cost of the Biota Monitoring Program equal the costs summarized in the preceding exhibit. The assessed maintenance and operation expense, combined with the cost of the Biota Monitoring Program equate to approximately $41.60 per acre. Page 98 9/6/95 '1 ,,:' Otay Ranch Phase 2 Resource Manaoemenl Plan II. Preserve Management. Convevance. Funding 3. Funding Sources The following is a discussion of four alternative assessment mechanisms to fund the improvement, maintenance, management and operation of a resource management preserve. a. Habitat Maintenance Assessment District Government Code Section 50060-50070 was enacted in 1993 to provide for public financing of long term maintenance of natural habitat. Authorized expenditures under the program include: habitat creation, restoration, enhancement and maintenance. Legislation established the principle that the lot or parcel is presumed to benefit from the natural habitat if past or proposed development, or use of the lot or parcel has adversely affected or will adversely affect the habitat. A local legislative body may initiate the formation of a habitat maintenance assessment district. As is required in most assessment procedures, every property owner must be notified. Before levying the assessment, the local agency must hold a hearing. If the proposed assessment is opposed by more than 35% of the property owners, the procedures must be terminated. If the assessment is opposed by more than 15% of the property owners, the procedures must be abandoned or an election must be held and the assessment approved by a majority vote. If less than 15% of the property owners protest the assessment, the local agency may proceed with the assessment. Once levied, the assessment may not be reduced or terminated if doing so would "interfere with the implementation of the habitat plan." This provision unlike other assessment mechanisms, tends to create a fairly permanent funding mechanism for habitat protection. The statute provides that a habitat district can only be created after approval by the Department of Fish and Game of a "plan for the conservation of natural habitat." Page 99 9t6i95 -;73 Olay Ranch Phase 2 Resource Manaoement Plan II. Preserve Management. Conyevance. Funding The statute also provides that an assessment cannot last more than 30 years and cannot exceed $25 per parcel (although the amount rises with the increases in the California Consumer Price Index after 1994). b. Lighting and Landscape Act of 1972 Streets and highway code sections 22500-22679 establish the Lighting and Landscape Act of 1972. The 1972 act allows local agencies to levy assessments to pay for, among other things, acquisition of open space, land and subsequent grading and landscape maintenance, including water. Unlike the Habitat Maintenance Act, the 1972 Act does not have a $25 per parcel assessment limit and does not require a Fish and Game approved habitat planned. A possible disadvantage to the use of this mechanisms is that assessments levied under the 1972 act are not necessarily permanent. A local agency can eliminate the assessment at any time. c. Community Facilities Act Government Code Section 53311-53368 established the Mello Roos Community Facilities Act of 1982. The Act allows local governments to impose special taxes within the areas designated. These taxing districts can be used to pay for acquisition of habitat property and for capital improvements for such lands. Bonds can be issued to raise money for these purposes. Mello Roos revenues can be used to pay ongoing personnel and maintenance costs associated with habitat. The problem with the Mello Roos tax is that it can be reduced or eliminated upon the action of the local agency. Page 100 9/6/95 11/ Otay Ranch Phase 2 Resource Management Plan II. Preserve Management. Conveyance. Fundino d. Development Impact Fee The City of Chula Vista and/or the County of San Diego could impose a Development Impact Fee (DIF) upon new development within Otay to fund part or all of the costs of the Management Preserve. DIFs are problematic funding sources for ongoing operation and maintenance, since the impact fee is a single payment while maintenance costs are a continuing obligation. Accordingly, DIFs should primarily focus upon capital costs or "start-up" costs within the preserve. e. Revenue Source Recommendation Based on the alternatives reviewed above, it is recommended that the Habitat Maintenance Assessment District authority be utilized as the revenue source for the Otay Ranch Preserve, supplemented by the SPA One applicant's direct funding of monitoring activities, until land is conveyed to the Preserve Owner/Manager. Page 101 916/;;5 /'JZ:- . ...... Otay Ranch Phase 2 Resource Management Plan II. Preserve Management. Convevance. Funding 4. Preserve Budget The preceding sections identify the necessary data from which an Otay Ranch Preserve budget can be calculated. Exhibit 9 identifies "the preserve land conveyed - forecasted by village." Exhibit 12 identifies "preserve land conveyed - forecasted by year." Exhibit 20 identifies the estimated cost for preserve monitoring activities. The preceding section assumes the cost for Otay Ranch maintenance operation will be $35 per acre. The preceding section also concludes the Habitat Maintenance District Authority should be utilized as the revenue source for the Otay Ranch Preserve. State law limits this assessment to $25 per year per parcel (adjusted for inflation). Based on these assumptions, the following thirty year forecasted budget for the Otay Ranch preserve is shown in Exhibit 20. Page 102 9/6/95 ?{;; Olay Ranch Phase 2 Resource Manaoement Plan II. Preserve Management. Convevance. Fundino Exhibit 20 Otay Ranch Preserve Budget (In $1,000) Co... IWveQu.. BalaacI Y.~ a..oaree Qperacioa II; Tow AaHNlDIDc. SP':.~~ Tow Aoo'" CWDuJacivI MODitoriD' MaiatlaanCI Co... AnuIII OD Rewau.. 8aJance Oallace 1 . 113.1 . . 113.1 . 15.1 . 113.1 . 128.2 . 15.1 . 15.1 % . ".1 . . 5..1 . 39.3 . 5..1 . 93.4 . 39.3 . .... 3 . 94.1 . 20.7 . 114.8 . 66.. . 9..1 . 160.1 . 45.3 . 99.7 . . 76.1 . 20.7 . .... . 94.1 . . 94.1 . (2.77) . .... , . 126.1 . 20.7 . 146.8 . 121.4 . . 121.4 . (25.4-4) . 71.' . . 71.1 . ..... . 119.7 . 148.0 . . 148.0 . 28.2 . 99.7 7 . ".1 . &3.' . 119.9 . 174.1 . . 174.1 . 54.2 . 1~.9 . . 52.1 . 70.' . 123.0 . 203.4 . . 203.4 . 80.4 . 234.3 . . .... . 112.0 . 178.0 . 232.2 . . 232.2 . 54.2 . m.. I. . 124.0 . 120.8 . 244.8 . 269.4 . . 259.4 . 14.6 . 303.1 11 . 49.0 . 139.7 . 188.7 . 282.6 . . 282.6 . 93.9 . 397.1 11 . 68.. . 170.8 . %38.' . 309.4 . . 309.4 . 70.6 . 461.6 l' I 52.0 I 177.4 I 229.4 I 333.6 I I 333.6 I IO.U . 571.8 14 I 49.0 I ZOO.4 I 249.4 I 357.8 I . 357.8 I 108.4 . "'.3 1. . 140.0 I 221.8 . 361.8 . 380.6 . . 380.6 . 12.8 . 693.1 18 . 52.0 . 234.6 . "'.6 . ..... . . ..... . 121.9 . 815.0 17 . 49.0 . 264.1 I 313.1 . 431.7 . . 431.7 I 118.7 I 933.6 18 . 68.. . 287.1 . 355.1 . 454.0 . . ..... . 98.9 '1,032.5 19 . 52.0 . 294.3 . 346.3 . 474.3 S I 474.3 I 128.0 $1,160.5 ,. . 121.0 . 294.3 . 415.3 . 491.8 S I 491.8 S 16.5 $1.237.0 Zl S 63.' . 315.7 . 383.7 . 499.4 . I ..... . 115.7 $1,352,7 .. . 52.0 S 323.8 . 375.8 . 507.1 I . 501.1 . 131.3 51,484.0 ,. I 121.0 . 357.6 . 478.6 I 514.8 . I 514.8 . 36.2 51,520.2 .. I 68.. . 367.6 . 425.6 . 522.6 . . 512.6 I 97.0 $1.617.2 " . 52.0 . 357.6 . ....6 . 528.2 . . 528.2 . 118.7 51.73$.9 .. . 49.0 S 357.6 I ....6 . 533.8 . . 533.8 . 127.3 11,863.2 Z1 . 68.. S 357.6 I 425.6 S 539.4 . . 539.4 S 113.9 $1,977.1 .. I 128.0 . 381.1 . ....1 . 545.0 I . 545.0 I 35.9 52,013.0 " I .... . 398.1 . ....1 . 550.7 . . 550.7 . 107.6 $2,120.5 3. . 68.. . 398.1 . ....1 . 556.1 I . 556.1 . 90.. $2,210.5 Page 103 ~:6195 --7-7 , .' Otay Ranch Phase 2 Resource Management Plan II. Preserve Management. Convevance. Fundino The assumption relative to acres of land conveyed is based upon-the adopted Otay Ranch Village Phasing Plan (maximum residential). The same phasing plan is utilized to forecast the rate of development per year. The analysis assumes the "maximum residential" development of Otay Ranch. This assumes that residential development will occur in the university area and within Village 3. If a university locates within Otay Ranch, then accommodations will have to be made for the university land use to contribute to the maintenance and operation of the preserve on an equitable basis, vis-a.-vis, residential development. In a similar fashion, if Village 3 is developed as industrial instead of residential, accommodations will have to be made to ensure that the industrial development contributes to the Preserve Owner/Manager maintenance and operation in a manner comparable to the assumed residential contribution. The number of dwelling units forecasted to be developed by year pursuant to the adopted Village Phasing Plan must be adjusted to reflect two considerations, (1) non-residential parcels and (2) apartment development. Each of these is discussed below. The Village Phasing Plan assumes construction of 27,059 residential dwelling units. However, Otay Ranch contains many uses other than residential, such as commercial, industrial, community purpose, public use, etc. Of the 10,360 acres of Otay Ranch deemed to be developable (exclusive of limited development areas), about 6,551 acres are designated for residential uses. Accordingly, residential parcels will be supplemented by parcels for non-residential uses. For the purposes of preparing the budget, it is assumed that the non-residential supplement equals 5% of the residential dwelling units or 1,353 additional parcels. The number of forecasted residential parcels must also be adjusted since some of those units will be developed on a single, undivided parcels (apartments). For the purpose of analysis, it is assumed that 50% of residential units will be developed on single, non-divided parcels (this would reduce the total number of parcels by 6,180). Page 104 ../Y/ 9/6/95 /?5 Otay Ranch Phase 2 Resource Management Plan II. Preserve Management. Convevance. Funding Applying the 5% increase in parcels to accommodate non-residential uses and the 50% reduction in parcels for multi-family units to accommodate apartments results in a net reduction in the number of units of 4,828 units. This means that the cost of funding the preserve would have to be allocated over 22,230 parcels, or a 17.8% reduction in the number of parcels when measured against the 27,058 parcels contained in the Village Phasing Plan. Application of this factor results in the budget depicted in Exhibit 19 above. The budget above reflects a second modification. As development occurs in the initial years, total assessment revenues are relatively modest. For example, in Year 1 it is assumed that revenue assessments total $15,576. This is followed by Year 2 revenues of $40,651. This creates a problem because a Biota Monitoring Program will cost approximately $90,000 per year. Clearly, if the Biota Monitoring Plan was financed from the assessment revenues, a deficit would occur during the initial years of the preserve system. To avoid this deficit, it is recommended that the SPA One applicant directly fund the performance of the Biota Monitoring task until the initial preserve conveyance occurs (estimated to be in Year 3). Page 105 9/6/95 /12 " . MEMORANDUM September 20, 1995 TO: Chainnan Tuchscher and Members of the Planning Commission FROM: Otay Ranch Project Team SUBJECT: Public Facilities Financing Plan (PFFP) for SPA One Action Request: Receive report on status ofPFFP. Background: The Otay Ranch General Development Plan (GDP) and the City's Growth Management Program require the preparation of a Public Facilities Financing Plan in conjunction with each Sectional Planning Area (SPA) Plan for the Otay Ranch. The PFFP is required to ensure that the phased development of the villages is consistent with the GDP and General Plan Quality of Life Threshold Standards. The PFFP is being prepared based on the phasing of The Baldwin Company's Alternative B-2. This phasing is done to assist in the prediction of when additional or upgraded facilities will be needed to meet or maintain compliance with the City's Quality of Life Threshold Standards. The PFFP will provide recommended mitigation necessary for the continued compliance with the Growth Management Program and Quality of Life Threshold Standards. The plan may indicate that the proposed development phasing should be limited or reduced until certain actions are taken to guarantee public facilities will be available or provided to meet the Standards. Willdan Associates was selected to prepare the PFFP for SPA One. Mr. Tom Bandy will update the Commission on the status of the PFFP at the September 20, 1995 workshop. Master Plans for all utilities have been prepared for the SPA One Plan and will be used as the basis for the PFFP. Those Plans are being revised to reflect Alternative B-2 and are due from the engineers on September 22, 1995. The final draft PFFP will be presented to the Planning Commission at the November 15, 1995 hearing. Concerns Raised: I. Number and location of elementary schools 2. Phasing of high school Resolution of Concerns: I. The SPA One Plan is being adjusted to provide for three elementary school sites. PCPFFPRT.DOC q-c