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HomeMy WebLinkAboutAgenda Packet 1995/03/28 Tuesday, March 28, 1995 6:00 p.m. ..( dcda"e un~er 't .' . .. pena. y of perjury th8t I 8'" e~?!oyej vy tile City of Chula Vista in the Qmce 01 the City Clerk ~nd th t I . th". u a pos~ed . IS AgenJ"!i\loUce on the Bulletin Board at ~~;'~~b~ J5JVi ~Ui/ding an at City Hall on , SIGNED . _ .. Council Chambers Public Services Building itv Council CALL TO ORDER 1. ROLL CALL: Councilmembers Fox _' Moot _' Padilla _' Rindone _' and Mayor Horton 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: March 21, 1995 (City Council Meeting) and March 21, 1995 (Joint City Council/Redevelopment Agency Meeting) 4. SPECIAL ORDERS OF THE DAY: a. SANDAG preseotatioo on Bayshore Bikeway by Stephan Vance. b. Proclamation commending Jerry M. Foncerrada, Deputy Director of Parks, for thirty years of dedicated service to the City. Mayor Horton will present the proclamation. c. Oath of Office: Arnira Walker - International Friendship Comm.ission; Jon C. Thornburg - Resource Conservation Commission. d. Senior Volunteer Patrol. ***** Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now reconvene into open session to report any final actions taken in closed session and to adjourn the meeting. Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However, final actions reported will be recorded in the minutes which will be available in the City Clerk's Office. ***** CONSENT CALENDAR (!rems 5 through 9) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion without discussion unless a Councilmember, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items. Items pulled by the public will be the first items of business. 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that there were no observed reportable actions taken from the Closed Session of 3/21/95. It is recommended that the letter be received and filed. Agenda -2- March 28, 1995 b. Letter requesting an opportunity to address Council for ten minutes regarding the Villa Palmera Community. Claudia J. Diamond. Diamond Consulting Group, 539 Telegraph Canyon Rd., Ste. 145, Chula Vista, CA 91910. It is reconunended that if Ms. Diamond desires to make a presentation at this meeting, she be allowed to do so, but that she be encouraged to submit her concerns in writing so that staff can review them in detail and report back to Council at a future meeting with their recommendations. c. Letter requesting speed humps he placed in front of the school on Albany A venue. Martha Villafranca, Principal, Otay Elementary School, 1651 Albany Avenue, Chula Vista, CA 91911. It is recommended that this request be referred to staff and the Safety Commission. 6. ORDINANCE 2629 AMENDING SECTION 2.28.050 OF THE MUNICIPAL CODE RELATING TO THE CODE OF ETHICS TO PROHIBIT EMPLOYMENT OF A FORMER CITY COUNCILMEMBER FOR A PERIOD OF ONE YEAR AFTER LEAVING OFFICE (second readin2 and adootion) - On 1/10/95, Council directed the City Attorney to prepare an amendment to the provision of the Ethics Code prohibiting a former eJected official from appearing before a City body or City officer or employee as an agent for someone else soliciting a benefit or entitlement in front of the City. The Council's interest was evaluating an expansion of that provision to preclude a former elected official from being employed for the same one year period of time after leaving office. Staff recommends Council place the ordinance on second reading and adoption. (City Attorney) 7.A. RESOLUTION 17847 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT REQUIRING DEVELOPER TO COMPLY WITH CERT AINUNFULFILLED CONDITIONS OF RESOLUTIONS NUMBERS 17797, 17618 AND 15200 AND AUTHORIZING THE MAYOR TO EXECUTE SAME - On 1/24/95, Council approved the Tentative Subdivision Map for Tract 95-02, Parcel R-15 of EastLake South Greens. Previous Council actions affecting the development include: (I) Tentative Subdivision Map for Tract 88-03, EastLake Greens on 7/18/89; and (2) Amended Tentative Subdivision Map for Tract 88-03, EastLake Greeos on 8/16/94. All three of the resolutions contain conditions of approval for development of Parcel R-15. Staff reconunends approval of the resolutions. (Director of Public Works) B. RESOLUTION 17848 APPROVING FINAL MAP OF TRACT 95-02, EASTLAKE SOUTH GREENS, UNIT 15, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, REJECTING THE OFFER OF DEDICATION IN FEE OF LOTS A, B AND C, APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Agenda -3- March 28, 1995 8.A. RESOLUTION 17849 APPROVING THE BOUNDARY MAP SHOWING THE PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICT 93-1 OF PROPERTIES TO BE ASSESSED FOR ALLEY IMPROVEMENTS - As a preliminary step in the assessment proceedings, it is necessary to request Council pass resolutions approving the proposed map boundary, ordering the installation of the alley improvements, and setting public hearings on the intention to form the assessment district. Staff recommends Council approve the resolutions and set the public hearings for 5/9/95 and 5/16/95 at 6:00 p.m. (Director of Public Works) B. RESOLUTION 17850 ORDERING INSTALLATION OF IMPROVEMENTS IN ALLEY FROM "J" STREET TO KEARNEY STREET BETWEEN ELM A VENUE AND SECOND A VENUE, ORDERING THE SUPERINTENDEYf OF STREETS TO GIVE NOTICE AND ORDER CONSTRUCTION AND SETTING PUBLIC HEARINGS ON RESOLUTION OF INTENTION TO FORM ASSESSMENT DISTRICT 93-1 PURSUANT TO THE BLOCK ACT OF 1911 9. REPORT REVIEW PROCESS FOR PUBLIC REVIEW DRAFT OF MULTIPLE SPECIES CONSERVATION PROGRAM (MSCP) PLAN AND ENVIRONMENTAL IMPACT REPORTIENVIRONMENTAL IMPACT ST A TEMENT - The City and several other jurisdictions have been participating in the development of a drall MSCP Plan which is being prepared by the City of San Diego Metropolitan Wastewater Department for its regional sewerage service area. The City of San Diego recently released a public review draft of the MSCP Plan and has published a schedule for review of the draft plan and accompanying Environmental Impact Report/Environmental Impact Statement which will be released in May. Staff recommends Council accept the report. (Director of Planning) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green fonn to speak in favor of the staff recommendation; complete the pink fonn to speak in opposition to the staff recommemlation.) Comments are limited to five minutes per individual. 10. PUBLIC HEARING MODIFICATION TO DELETE ANNUAL STAFF REVIEW OF CONDITIONAL USE PERMIT PCC-92-06; A 12-BED RESIDENTIAL TREATMENT FACILITY FOR RECOVERING ALCOHOLICS LOCATED AT 73 NORTH SECOND AVENUE - CITY ZONING ADMINISTRATOR - On 11/26/91, Council approved Conditional Use Permit (CUP) PCC-92-06 to allow a 12-bed residential treatment facility for recovering alcoholics. The program, referred to as Nosotros, occupies the southerly portion of the former Vista Hill/Southwood psychiatric facility site at 73 North Second Avenue in the R-3 zone. A condition of the CUP for the project required staff to conduct an annual review of the operation, with notice being provided to surrounding residents. Based on the compliance history of the facility, the Zoning Administrator is reconunending that Council delete the requirement for annual review. Staff recommends approval of the resolution. (Director of Planning) RESOLUTION 17851 AMENDING RESOLUTION 16425 WHICH APPROVED PCC-92-06 ALLOWING THE ESTABLISHMENT OF A 12-BED RESIDENTIAL TREATMENT FACILITY FOR RECOVERING ALCOHOLICS AT 73 NORTH SECOND A VENUE Agenda -4- March 28, 1995 ORAL COMMUNICATIONS This is an opyortunity for the general public to address the City Council on any subject matter within the Council's junsdiction tliat is not an item on this agenda for public discussion. (State law, however, generally prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. Your time is Limited to three minutes per speaker. BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions and/or Committees. None submitted. ACTION ITEMS The items Listed in this section of the agenda are expected to elicit substantial discussions and deliberations bl. the Council, staff, or members oj the general public. The items will be considered individually by the CouncIl and staff recommendations may 10 certain cases be presented in the alternative. Those who wish to speak, please Jill out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting. Public comments are Limited to five minutes. REJECTING LOWEST BIDDER AS NON-RESPONSIVE;.. ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE O~ A TRACTOR LOADER WITH BACKHOE - On 1118/95, bids were received for a tractor loader with backhoe for Public Works Operations. Staff recommends approval of the resolution awarding the bid to Bengal Equipment. (Director of Public Works) Continued from the meeting of 3/14/95. 11. RESOLUTION 17830 12. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given by staff. ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers. Public comments are limited to five minutes per individual. OTHER BUSINESS 13. CITY MANAGER'S REPORTCSl a. Scheduling of meetings. 14. MAYOR'S REPORT(S) a. Ratification of appointment: Judith A. Pidgeon - Child Care Commission. b. Board of Appeals and Advisors member attendance. 15. COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on April 4, 1995 at 4:00 p.m. in the City Council Chambers. Agenda -5- March 28, 1995 ***** CLOSED SESSION Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the Jollowing items oj business which are permitted by k1w to be the subject oj a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests oj the City. The Council is required by law to return to open session, issue any reports oJ final action taken in closed session, and the votes taken. However, due to the typical length oj time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return Jrom closed session, reports oj final action taken, and adjournment will not be videotaped. Nevertheless, the report oj final action taken will be recorded in the minutes which will be available in the City Clerk's OJfice. 16. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 . City of Chula Vista vs. the County of San Diego regarding approval of a major use permit for Daley Rock Quarry. . Chula Vista and nine other cities VS. the County of San Diego regarding solid waste issues (trash litigation). 2, Anticipated litigation pursuant to Government Code Section 54956.9 . Significant exposure to litigatioo pursuant to subdivision (b) of Section 54956.9: 2. . Metro Sewer Adjustment Billing (water reclamation and expansion costs) and EPA lawsuit. . Chula Vista vs. LP A. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 . Agency negotiator: John Goss or designee for CVEA, WCE, Executive Management, Mid- Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (W CE). Unrepresented employee: Executive Management. Mid-Management. and Unrepresented. 17. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ***** Tuesday, March 28, 1995 6:00 p.m. Council Chambers Public Services Building Re1rular Meetinsz of the City of Chula Vista City Council ADDENDUM 14. MAYOR'S REPORTlSl c. Approval for Cinco de Mayo Festival along Third Avenue which would require the closing of Third Avenue between "E" and "0" Streets on 517/95 from 12:00 (noon) to 6:00 p.m. "I dec!ars !;.m~,~er pc;n3~t'l Gi !}e~'~'!!'" th:J't I am em:-;lo:'ed by t'"!e ' "if ,'of !j ''.J',~J'J:n tt.E 0" ;ce of lne Ci'~~, ..Aen< : ',-,_.'c'1 tLis .Gf\t.t,d/!'io..ice ;)11 t~c i,3ui.0"11 0,ird ::~: the PUbLc t:rvices Bu,I(}in;{ and DAcW: 3 ~y, 75 SIGNED .;:- ~ San Diego ASSOCIATION OF GOVERNMENTS ....-'-.."..; ~':;'~;.' Uj 'H. ~9 -_ hn 11- -..J Suite BOO, First Interstate Plaza 401 B Street San Diego, California 92101 (619)595-5300 Fax (619)595-5305 January 26, 1995 Mr. Clifford L. Swanson Deputy Public Works Director City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mr. Swanson: The SANDAG Bayshore Bikeway Policy Advisory Committee is coordinating ongoing efforts to plan and implement improvements to the Bayshore Bikeway. I think you know that the committee was formed at the request of Greg Cox when he was Mayor of Chula Vista. Most recently, Len Moore represented the City of Chula Vista on the committee. We have requested appointment of a new representative, but we realize that there are now several members on the Council that may not be familiar with the bikeway and the work that is currently being done to improve it in Chula Vista and elsewhere. As part of our planning effort, we have developed a ten to fifteen minute slide show that describes the bikeway, the committee's planning efforts to date and the projects we are working to implement. I would appreciate very much an opportunity to present this slide show to your Council at the next convenient date. The show focuses on improvements to the bikeway where it crosses the Chula Vista boundary on the north and south. It can easily be tailored to fit your time constraints, or to provide a specific emphasis. Please let me know if this presentation can be scheduled for your Council's agenda. You em n".ach meat_595-5324 if you have questions or want to make specific plans. I look forward to hearing from you. Sincerely, ~ )U.(I~ STEPHAN M. VANCE Senior Transportation Planner 1/ fnV ! q) fP SMV lab 7"'a ~ / MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, EI Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista, and County of San Diego. ADVISORYILIAISON MEMBERS: Califomia Department of Transportation, U.S. Department of Defense, S.D. Unified Port District, and TijuanalBaja Califomia. COUNCIL AGENDA STATEMENT Item i ~ Meeting Date: 3/28/95 ITEM 1TTI.E: Presentation of proclamation commending thirty years of service of Jerry M. F oncerrada SUBMITTED BY: Director of Parks and Recreation REVIEWED BY: City Manager (4/5ths vote: Yes_ NolO Jerry M. Foncerrada, Deputy Director of Parks, achieved thirty (30) years of service on December 28, 1994. The proclamation will be presented by Mayor Pro Tern Rindone. 7'1> ~ J COMMENDING JERRY FONCERRADA UPON THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF CHULA VISTA, CALIFORNIA WHEREAS, Jerry Foncerrada began his employment with the City of Chula Vista in Decemt?er of 1964 as a Recreation Leader, and since has served as Senior Recreation Supervisor, Recreation Superintendent, Park Superintendent, and Acting Director of Parks and Recreation, and currently serves as Deputy Director of Parks; and WHEREAS, Jerry was instrumental in establishing the tennis program at Southwestern College, assisted in the creation of a summer school program, organized and conducted the Chula Vista Invitational Youth Basketball Tournament, which at its peak, was one of the largest tournaments in Southern California. Jerry helped in developing the City's Therapeutic Program which grew from a once-a-week activity into a comprehensive therapeutic recreation program; and WHEREAS, Jerry played an important role in the renovation of Memorial Park, Marina View Park, Terra Nova Park, Rohr Park, and Sweetwater Recreation Trail Improvements and was actively involved in the development of Chula Vista Community Park at EastLake Greens, Sunridge Park, and Sunbow Park, in addition was instrumental in developing a partnership with the Bonita Optimist in securing $20,000 to improve the play area, Fort Apache at Rohr Park: NOW, THEREFORE, I, SHIRLEY HORTON, Mayor of the City of Chula Vista, California, do hereby COMMEND JERRY FONCERRADA upon thirty years of dedicated service to the City of Chula Vista. t/6 -cA RE: Senior Volunteer Patrol The City of Chula Vista is preparing to expand its 24 member Senior Volunteer Patrol Program by 30 additional members. We are seeking men and women willing to volunteer a minimum of 6 hour per week, Monday through Saturday. Senior Volunteer Patrol Officers perform vacation house checks, perform foot and driving patrols through the City's business districts, and their presence helps decrease crime. To be a member ofthe Senior Volunteer Patrol you must be at least 55 years old, be a resident ofChula Vista, have a valid California Drivers License, and be in good health. The academy for the next class of Senior Volunteer Patrol Officers starts Monday April 10, 1995, so you need to get your applications in early. For more information on joining the Senior Volunteer Patrol call 691-5127. ~r:I~/ March 23, 1995 FROM: The Honorable Mayor and City counc~~n John D. Goss, city Manager~ ~~l city council Meeting of March 2'!. 1;;5 TO: SUBJECT: This will transmit the agenda and related materials for the regular city council meeting of Tuesday, March 28, 1995. Comments regarding the written communications are as follows: 5a. This is a letter from the City Attorney stating that there were no observed reportable actions taken by the city council in Closed Session on March 21, 1995. IT IS RECOMMENDED THAT THIS REQUEST BE RECEIVED AND FILED. 5b. This is a letter from Claudia Diamond, Diamond Consulting Group, requesting an opportunity to address council regarding the Villa palmera Community. As of this writing, staff has attempted, but been unable to reach Ms. Diamond to ascertain her concerns. IT IS RECOMMENDED THAT IF MS. DIAMOND DESIRES TO MAKE A PRESENTATION AT THIS MEETING, SHE BE ALLOWED TO DO SO, BUT THAT SHE BE ENCOURAGED TO SUBMIT HER CONCERNS IN WRITING SO THAT STAFF CAN REVIEW THEM IN DETAIL AND REPORT BACK TO COUNCIL AT A FUTURE MEETING WITH THEIR RECOMMENDATIONS. 5c. This is a letter from Martha Villafranca, Principal of otay Elementary School, requesting that speed bumps be placed in front of the school on Albany Avenue. IT IS RECOMMENDED THAT THIS REQUEST BE REFERRED TO STAFF AND THE SAFETY COMMISSION. JDG:mab ~u~ =~-~ :......,;:.....-:~.-...;: ~~~~ ~--~- CllY OF CHULA VISTA OFFICE OF THE CITY ATTORNEY Date: March 22, 1995 From: The Honorable Mayor and City Counc~~ Bruce M. Boogaard, City Attorneycf~~ Report Regarding Actions Taken in Closed Session for the Meeting of 3/21/95 To: Re: The City Attorney hereby reports to the best of my knowledge from observance of actions taken in the Closed Session, that there were no actions taken in the Closed Session of 3/21/95 which are required under the Brown Act to be reported. BMB: 19k C:\lt\clossess.no ~~/ 276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5037 Iv OF CHULA VISTA Y CWtK'S OFFICE ,~'.\.1Cf1~ RECEIVED DIAMOND CONSULTING GROmr~/' ,,~~.,U,{j. 7Jtt!J''',:;....~-: A DIVISION OF CC& R PROPERTY INVESTMENTS, INC, " "l.) '95 IIllR 17 AlO 112 539 Telegraph Canyon Rd. Ste. # 145 Chuta Vista, CA. 91910 \it; ',) , Office: (619) 421-4121 Fax: (619)-421-5628' c), , .;-"', \ .,../ ~ ~'i'fl"," I.~ii'q /). " <"!'I^'" .... Y, /l~-, ~,.."~~__-.,' ~" '~if-:Jj' \~. I Mayor Shirley Horton and the City Council 276 Fourth Ave. Chula Vista, CA 91910 March 14, 1995 Dear Ms. Horton and City Council Members, I would like to request an opportunity to address the Council at the meeting of March 21, 1995 regarding an unresolved issue affecting the Villa Palmera Community. The presentation will be limited to 10 minutes. Your office can contact me at the above phone number or address to let me know where I will be on the agenda. Thanking you in advance. /I / ,,' ce, ,. /~ 11" c{.autU~ (anutn.z!jfJ(f)m Claudia J. .' ond RN, BA, MPH President, CC&&Property Investments, Inc. President, Villa Palmera Homeowners Association cc: Villa Palmera Board Members Curtis Management V. P. Association Legal Counsel W~,itTEN COMMUNICATIO~S Ce-i ~~~(<j) r~f<}f fjfj;i~ 5b-; -:tb DIAMOND CONSULTING GROUP A DIVISION OF CC& R PROPERTY INVESTMENTS, INC. 539 Telegraph Canyon Rd. Ste. # 145 Chula Vista, CA. 91910 Office: (619) 421-4121 Fax: (619)-421-5628 March 28, 1995 Mayor Shirley Horton and The Chula Vista City Council 276 Fourth Ave. Chula Vista, CA 91910 Dear Ms. Horton and City Council, I have twice previously made presentations to City Council. The first time was August 23, 1994. After which, City Council sent my concerns to various members on the city staff for review and resolution. I, along with two other home owners in my community met with staff on September 23, 1994. The first thing I was asked at that meeting was "So which issues out of your questions do you want answered?" "All ofthem" I responded. It became evident very quickly that the men sitting around the table had no intention of answering any questions except those which they had hand picked. A written response was received, but many issues remained unanswered. As of this date, the situation remains the same. I next attended the November 22,1994 City Council Meeting. As luck would have it, our FAX machine was on the day that the City faxed me over the page that dealt with Villa Palmera Concerns being on that agenda. I never received a follow up phone call to be sure I received the fax, no letter, etc. I did attend the November 22nd meeting and once again addressed issues of concern which had been presented previously. It is now FOUR months later and I have received absolutely NO follow up to that meeting. (Copy of my presentation attached). At the City Council Meeting that night, discussion ensued regarding the posting of signs from 4) B) of my concerns. It was further determined that the Safety Commission would review the speed limit issue addressed in concern 3). I am still waiting to attend the Safety Commission Meeting! I find it incredible that we, the taxpayers, contribute to the salaries of the people working for the City and yet they have no obligation whatsoever to respond to our concerns completely and in a timely manner. If this was private industry, a person would be fired for not responding to consumer concerns. In private industry a company depends on its people doing a good job and responding to the public or the company will fold. Apparently, whether you do your job or not, working for the City guarantees you a paycheck! Infact, the City views the homeowners of Villa Palmera as "low rent apartment dwelling troublemakers." 1bis, incidently, is a direct quote by more than one member of the City staff, which of course explains why the City does not care whether we are responded to or not! I should like to tell you that we have quite a number of impressive people who own the 76 single family homes in our community. We have writers, consultants, speakers, nurses, doctors, dentists, lawyers, retired military, retired folks who spent much of their careers working in industries right here in Chula Vista, successful business owners, people who work for local TV stations, educators, people who stay home to raise their children and those who even watch their gnmdchildren! The home owners are a very eclectic and law abiding group of individuals. The Community has a homeowners association because we have a pool and common area landscaping. The Community is meticulously maintained which is a reflection of pride in ownership. The City, as well as the builder should be delighted to have neighbors who take such good care of their homes. 1bis will only make a new community more marketable when the homes are built. The Community is still very concerned over the proposed expansion of the sidewalk which runs along Paseo Ranchero on the west side. Resolution 16222, #14. c. (attached) states {The final design of Pas eo Ranchero shall include...except in} "Mission Verde subdivisions where existing conditions shall remain." Per the City's' Street Design Standard Policy', 8' wide sidewalks are constructed along 4 Lane and 6 Lane Major Streets in commercial areas, NOT in residential areas. The sidewalk designation for a 'Class I Collector Street' is 5.5', which is the existing condition along Paseo Ranchero. An 8' wide sidewalk is completely inconsistent with the sidewalks in and around Rancho Del Rey (see attached sheet). .5b--J Taking an additional 2.5' of sidewalk away from the Villa Palmem Community wonld severely compromise the habitability of the homeowners living along this stretch of sidewalk. The backyards of !be homes to be built on the east side of Paseo Ranchero will be at least 50 ' from the road and there will be a wall around the properties; a much different condition than our homes. At a meeting of the Villa Palmera Homeowners in January of this year, Constance Byram of McMillin indicated that she knew of no reason why the expanded sidewalk could not be on the east side of Paseo Ranchero. If the City insists on recklessly abandoning its own guidelines in proposing to expand the sidewalk, we have a solution. As you are aware, an equestrian crossing on Rancho Del Rey Parkway has been approved by the City Engineer. Building an equestrian crossing over Paseo Ranchero north of the Villa Palmera Community to accommodate pedestrians will leave our sidewalk intact, while still providing an 8' sidewalk (trail) on the east side of Paseo Ranchero. Thank you for your time. Regards, / '. iJ\ l / '....r ,- Claudia J. Diamond RN, BA, MPH President, Villa Palmera Homeowners Assoc. President, CC&R Property Investments, Inc. +-) '11/" cc: Villa Palmem Board of Directors Curtis Management, Christine Olivas and Legal Counsel Sb-1 A DIVISION OF C C & R PROPERTY INVESTMENTS, INe. 539 Telegraph Canyon Rd. Ste #145 Chnla Vista, CA 91910 Office: (619) 421-4121 Fax: (619) 421-5628 E-Mail: Prodigy: wumk22a . /.IolI11~JI!U~~~ TO: Mayor Tim Nader and City Counsel of Chnla Vista 276 Fonrth Ave. Chula Vista, CA 91910 Dear Mr. Mayor, The Community of Villa Palmera (which represents 76 single family homes) still has COncerns which have not been answered despite a meeting with The City and subsequent correspondence. The following are issues which need to be addressed or require further attention. 1) Notice of hearing With regards to the noticing process, paragraph II of correspondence dated November 4, 1994 sent to Villa Palmera, mention was made that The City was not made aware of any irregnlarities in the noticing procedures during the hearing process, which "sometimes occurs if there is a problem with mail delivery". It would be impossible to inform The City of a lack of receipt if we are not aware that notices were sent. Since my presentation at the City Council Meeting of August 23, 1994, I have had the opportunity to question many more home OWners of Villa Palmera as to whether they received notice: the answer is always in the negative. 2) Trail The 8-10' sidewalk/recreation pathway called for in Resolntion 16222 (Condition 12) calls for the pathway to connect the trail systems in the south leg of Rice Canyon and in the Telegraph Canyon Rd. open space area. (I have referred to this twice before). Again I refer you to Condition 30 of the same Resolution which refers to the sign program identifying the trail network and Condition 31 which refers to equestrian type fencing. Yet The City continually says that a horse trail has never been intended ? Regarding horses and sidewalks, The City has provided CA. Vehicle Code 21050, however this refers to the highway, not residential streets. Park Rnle 2.66.100 refers to leaving or hitching horses and Park Rnle 2.66.130 is at the discretion of the Director of Parks and Recreation. The City has already stated that it eannot keep horses off of the sidewalk. I have previously asked for evidence of Health Codes with regards to horses: i.e. proximity to non- public residences and the disposal of excrement. Are there no health codes? Also unanswered, will horses be allowed to travel on or adjacent to Pasco Ranchero and will signs be posted indicating that horses are not allowed in the area? Lastly, I refer you to Paragraph II of Issue II in my letter to Steve Griffin dated September 28,1994. In part it reads, per The City's ' Street Design Standard Policy' , 8' wide sidewalks are constrncted along 4 Lane and 6 Lane ~or Streets in commercial areas, not in residential areas. The sidewalk designation for a 'Class I Collector Street' is 5.5', which is the existing condition along Paseo Ranchero. Per Condition 14 C of Resolution 16222, ' the existing conditions shall remain'. Enlarging the sidewalk is therefore not an issue, as it is an existing condition A.l\ID is not in a commercial area. 3) Safe Speed along Pasco Ranchero At the meeting of September 23, it was agreed that Pasco Ranchero wonld be posted at 35 MPH, at least until such time that the constrnction was completed between E. "H" St. and Telegraph Canyon Rd. At that time a speed study would be conducted to determine the appropriate speed limit. Per correspondence from Harold Rosenberg, City Traffic Engineer, dated October 20,1994, the posted speed will be 40 MPH. Two points stand out in the city's de- fense of the higher speed: I) a lower posted speed limit may be considered a speed trap and 2) it is not believed to be a good idea to post a lower limit nOW that might have to be increased later. What kind of convoluted thinking is 5p/s this? It sounds like The City is giving into pressnre, rather than doing the right thing! Page I of The City of Chula Vista 'Street Design Standards Policy', Paragraph II so states 'The street design standards establish uniform policies and procedures to carry out the City's General Plan and Circulation Element. It is neither intended as, nor does it establish, a legal safety standard for these functions". Who then, does take responsibility for detennining safe speeds? McMillin has indicated that from Telegraph Canyon Rd. north to the E. "J" St. intersection, Paseo Ranchero cannot be posted above 35 MPH due to the slope of the hill. Per Harold Rosenberg's memo dated October 20, 1994, in the area of the school (north and sonth), the speed limit will be posted at 25 MPH. That means in a relatively short stretch of road, there will be THREE different posted speed limits! Going from 40 to 25 MPH is a danger in and of itself. It seems that the safety and welfare of the children is not a concern of The City. How many children have to be injnred or die for The City to wake up? Exhibit D from Bob Leiter reo The City Council Meeting of November 22, 1994, includes a comparisou of the 1988 designation to the current street standards of Paseo Ranchero. We were told at the meeting of September 23, 1994 that the",e would be NO parking along Paseo Ranchero, the comparison shows otherwise. Please clarify this point. 4) A) Safety of Villa Palmera Homes/Residents \Villiam Ullrich, The City's Senior Civil Engineer, response to the vehicle out of control issue is based on 35- 40 MPH parameters. This is the minimum posting speed. A vehicle traveling faster will result in a much different outcome. When questioned about a gnardrail, the consequences of a vehicle going over the rail seems of more im- portance than the safety of the residents of the home and any resultant injuries. B) Private Road Issue The City's response to the concern that the private road rnnning through Villa Palmera would not be traveled by the general public seems very unlikely: "Private streets are not as wide as public streets and therefore give the ap- pearance that use is limited to residents", Given the location of Circulo Verde, it is likely that it will be viewed as a short cut to E. ''Y' St., especially when the school posting is in place. Charter Point, whose entrances are located on Otay Lakes Rd. and Telegraph Canyon Rd. is an excellent example of a community whose streets are used for shortcuts. This issue has been a concern of theirs for a long time. It seems reasonable that The City would post 'NO THOROUGHFARE' OR 'NO OUTLEr' signs for the residents of Villa Palmera. William Ullrich has also indicated that The City would attempt to control construction traffic going through Villa Palmera by shutting down construction until the activity ceased. What is the likelihood that The City would proceed in this manner? Who, at The City would we contact? 5) Builder Issues McMillin has posted both entrances to Villa Palmera with signs indicating that constuction traffic should not pass through. A letter has been requested from McMillin guaranteeing repair to Circulo Verde if trucks do drive through Villa Palmera and damage the newly resurfaced road. This certainly seems a reasonable request in light of good community relations. As recent as September, McMillin has guaranteed notification within 10 days of construction activities to the Villa Palmera Homeowners. Recently earth moving activities commenced with no one in the community being notified. Steve Griffin, The City Principal Planner, has indicated that homeowners in Villa Palmera and the Home Owner Association will receive notice of any subsequent RdR III final map considerations that go before The City Council. To help ensure delivery to the current home owners. he can contact Curtis ~gement for the most recent list. I look forward to a conclusion of the preceding issues. Regards, Claudia J. Diamond RN, BA, MPH President, Villa Palmera Homeowners Assoc. President, CC&R Property Investments, Inc. 5b~t 12. . l ~ ;... _, 13. G o Ybe developer shall be re.ponsible ~or the construction of wider .i4evalka at tr~it stopa, subject to the approval of the City Engineer . ~.. Ybe ~1n&1 design of Paseo Ranchero shall include eiqht ~oot wide lan4scape ea.ement buffers a. required by the ttreet Desiqn 8tandar4a or be adjoined by an open apace lot at least eight feet vi4. vith alopes no greater than 5:1. axce~t i" ~he following areaa where the final 4esiqn shall be subject to the approval of the planninv Director, Landscape Architect and City Envineer: a. A4jacent to the lots fronting on Cabo ealabazo, Calle candelero and Punto Hiraleste where a special slope and retaining vall 4esiqn will be implemented; b. Along the Junior High School aite; c. Along the existing Ladera Villas and His.ion Verde, aUbdivisions where exi.ting conditions ahall remain; and 4. Adjacent to the out~parcel owned by the Chula Vista School District. 'r--' ,15. '>, \\ 11S. The final 4esign of East "J" Street shall include 5.5 foot wide landscape easement cutters as requlred by the Street Design Standards or be adjoined by an open space lot at least 5.5 feet wi4e with 5:1 maximum side slopes, except in the following locations where the final design shall be subject to the approval of the Planning Director, Landscape Architect and city Engineer: a. Along the park site; b. Along the two corner lots at the intersection of East MJ" street and camino Hiel (lots 82 and 57 of Phase 2, Unit 1) and the aoutheast corner lot of East MJM Street and Cabo Capote (lot 15 of Phase 2, Unit 2); c. Adjacent to the out-parcel owned by the Chule Vista School District; and d. Along -the existing Bel Aire R14qe aubdivision where axisting conditions ahall remain. . All retaining valls which interface with the public streat system shall be constructed to match the Ranch Rancho del Ray SPA XXI Design Guideline standards for exterior walls. Jb-? -1',5 ~2:1 MAX PARKING 4, ( ~* 10/12/89 "- I\~I\ ,j) Access to and from four-lane major streets from abutting properties shall typically be controlled but not restricted. No direct access from si ngl e-family resi denti al homes is all owed. In developed area of the City di rect access from si ng1 e-family homes coul d be allowed wi th approva 1 of City Engineer. Full access median openings will be permitted with approval of the City Engineer on these facilities only at locations specified by the City Engineer and under conditions establ ished by the City. Parking on these facilities shall typically be allowed. However, parking at critical locations may be denied as deemed appropriate by the City Engineer. If a bike lane is to be provided in conformance with the Bicycle Element on this four-lane major facility and parking is to be retained, an additional 10 feet of right-of-way will be required to allow for a 10-foot widening of the roadway cross section. Four-lane majors shall also provide landscaped buffer areas. Pedestrian crossing demand shoul d be well planned, focused and controlled to direct pedestrians to designated crossing points at signalized intersections. Widen all approaches to intersections as per Exhibit "A" in order to provide for additional lanes, as per Exhibit "E." ft * 100'/104' It 20 10'/12' ,.. ~ /0'/12' LANDSCAPED LANDSCAPED a' a' 32' BUFFER AREA BUFFER AREA 32' v EASEMENT EASEMENT .,.. .~, tf1'< *"'5:1 MAX -1 I-- 5.5'/ B' 5.5/.8' - r . -5:1 MAX 20/0 20/0 2% ~kl . ------ 20/0 2% -1- ~ ~J l""- I - - I I I .::.J-----" 20' --\ 12' I, 12' .1 It. -, 12' 12' B' PARKING 2:1 MAX/ ""04' RIGHT - OF- WAY OUE TO B' SIDEWALK IN COMMERCIAL AREA 4-LANE MAJOR Landscaced slopes greater than 5:1 may be acceptable as determined by the Direc:cr of Planning. -6- 5b-~ ~ LANDSCAPED BUFFER AREA EASEMENT NO PARKING I It. 1\ 'D " Il. B' .. 39' 10'/12' ... r- 2:1 MAX 5,5'/8' I 20/0 20/0 - I ,- NO 5:1 MAX PARKING LANDSCAPED' II' 17' BUFFER AREA EASEMENT Il. e' ... 112'/116' " 10/'12' 39' 7' 7' 1 * 5.5'/ e' ~:I d,.;s ~ 20/0 20/0 20/0 17' 1/' 1/' 14' II' "'116' RIGHT-OF- WAY DUE TO e' SIDEWALK IN COMMERCIAL AREA 6-LANE MAJOR (DEVELOPE 0 AREA W/O 1- e05 ) ** Landscaped slopes greater than 5: 1 may be acceptable as determi ned by the Director of Planning. 4. FOUR-LANE MAJOR 20' ,SCAPED 'ER AREA EMENT :; AX .----\'\ --, Commercial Area (frequent driveways) Low Density Area Design ADT Minimum design speed Curb-to-curb 28,000 45 mph 80' (includes a 16' median) 30,000 55 mph 80' (includes a 16' median) 2:1 MAX/ 104' 7% 1 ,150' with 5% superelevation to 2,000 with no superel eva ti on Major streets are primarily designed to distribute localized trips. Typically, intersections shall be spaced no closer than 660 feet unless othenlise approved by the City Engineer and signal ized intersections shall be spaced no closer than one-quarter mile intervals. A raised r.1edian is "equired to separate the tl,O directions of travel and to il~prove the 'isual appearance of the arterial corridor. One mid-block meriian opening lay be permitted only with approval of the City Engineer. Such ntersection and any resulting signals shall not negatively impact signill rogression and traffic flow on major streets. This opening shall Ipically be spaced at the mid-point Jetween the ,"ajor intersections Ipprox. 660'). The specific location of these median openings shall be .temined by the City Engineer. Ri ght-of-way Maximum grade Minimum curve radius 104' 7% 1,100' with no superelevation he 39 -5- 5b~1 - Paseo Ranchero (four lane connector road -- Telegraph Canyon to East H) (What's currently built north of East H Street in the Rancho del Rey development) 'sidewalks five feet wide 'on both sides of street Paseo del Rey(four lane connector road -- Telegraph Canyon to East H) 'sidewalks five feet wide 'on both sides of street Del Rey Boulevard (four lane connector road) 'sidewalks five feet wide 'on both sides of street 'see special note regarding sidewalks within Rancho del Rey development Rancho del Rey Parkway (four lane connector road) 'sidewalks five feet wide 'on both sides of street 'see special note regarding sidewalks within Rancho del Rey development ALSO NOTE: Sidewalks continued to be only five feet wide, even throughout a school zone along this street Avenida del Rey (four lane connector road) 'sidewalks five feet wide 'on both sides of street 'see special note regarding sidewalks within Rancho del Rey development SPECIAL NOTE REGARDING SIDEWALKS WITHIN RANCHO DEL REY DEVELOPMENT: 'No homes faced any of these streets. 'In almost all cases throughout the development, sidewalks could have easily been widened to more than five feet Instead, the developer chose to plant f10werbeds and shrub banks along the sidewalks. - East H Street (six lane connector road) 'sidewalks five feet wide 'on both sides of street where adjacent to Rancho del Rey homes Otay Lakes Road (now four lane - will be six lane connector road) 'sidewalks five feet wide (except in front of community college and one shopping ctL) 'on both sides of street ALSO NOTE: Even though the sidewalks in front of shopping center are eight feet wide, the sidewalk in front of the homes directly next to this shopping center are only five feet widellll Sidewalks were NOT widened in front of people's homes III Sb - It? r I ~ h/ /1 ,...,'>i~s.-,.._-__"c~ ~_':>~"_H.:,'''"r ..-_.~O I 53 ,);2 3~b ~)3 , "/'.? t)/c)/]c- . /J(a/2/C/'L "\ (~ /~~ j;{~~),?{r. I';~~l~~/ (lQ- ct /Lt. '{-{;- :n-u-:Y/(t:Cf/'-j Y'~CI~:/d ':/~t2f , ~/ A . (-'7. ' V i1/7J--U.L eX: );V.:>-A-( (' 'L.Z.../ /r vJ z.c;/L..- "/-:C:M~ -71: it-if! J-U t'c.L I~A. FCA-<'"'~ ~r::-~,- )t:/!.2/U;,L d >.d-O'--.-/ . ~t1._.a ,..{ /~ <.' c~' t' L"-t' </"(.' ,~. \L... t w-<' {'~ z- c[. t....,2.('- r-c';.~"";-{<- .;~:{ . 2L/(A'~~. {':( C /th ,(r~ l c--(~"jr /' ,/. / (~. !J .;".-e' .><.2::;. . Z0 (1...-<' c' /,-, ~ cv<--(_ . (L /.1 L<... r...o. /)C.c ,A!! L 1.>-/ . '-/1 y: ~d-/l- d~V21f;1- / '~J1~~-~Jr~ t~ / (_<p_.t..t:/c~ c...~.,C /.0uz ,!if Yd /- Y' / c.9 / / / l . ." / 7't (j \ 0 ~ ....... . ,'J ..>./ ' >. / L~. ,--..1.an..Ac~,--/' ~ - , / L . / ,~ ' L. . J\ J. Gr' L-Cta. ">1..; I // 4/61 ;7 ". /' . (CtlLttlUtZ; .... Ua/~ I / l/ v 5b ';1 DIAMOND CONSULTING GROUP A DIVISION OF CC& R PROPERTY INVESTMENTS, INC. 539 Telegraph Canyon Rd. Ste. # 145 Chula Vista, CA. 91910 Office: (619) 421-4121 Fax: (619)-421-5628 TO: Mayor Tim Nader and the City Council 276 Fourth Ave. Chula Vista, CA 91910 August 15, 1994 Dear Mr. Nader and City Council Members, I would like to request an opportunity to address the Council at the meeting of August 23rd regard- ing issues which affect my neighborhood, The presentation will be limited to 10 minutes maxi- mum. Thanking you in advance, Sincerely, Claudia J. Diamond RN, BA, MPH President, CC&R Property Investments, Inc. P,S. My heartfelt thanks to the wonderful firefighters who, on this very day, contained the fire which began just east of Paseo Ranchero and spread very quickly due to the winds, Their rapid response prevented what could have been a real tragedy on both sides of the road /' Sb -- I:> DIAMOND CONSULTING GROUP A DIVISION OF CC& R PROPERTY INVESTMENTS, INC. 539 Telegraph Canyon Rd. Ste. # 145 Chula Vista, CA. 91910 Office: (619) 421A121 Fax: (619)-421-5628 TO: Mayor Tim Nader and the City Council 276 Fourth Ave. Chula Vista, CA 91910 August 15, 1994 Dear Mr. Nader and City Council Members, With regards to my attached request, the following are my areas of concern: * During construction, what provisions have been made to keep the homes in my development free from noise, dirt and construction traffic? * What environmental impact studies, if any, have been done? * Is a sidewalk or recreational trail planned for the area? * A minimum speed of 45 MPH through a residential area seems to be a bit excessive. I look forward to meeting with you next week. Sincerely, Claudia J. Diamond RN, BA, MPH President, CC&R Property Investments, Inc. Sh-Jb August 18, 1994 SUBJECT : The Honorable Mayor and City Coun5(lh! John D. Goss, City Manager-1 ~~\ City Council Meeting of August 23, 1994 TO: FROM: This will transmit the agenda and related materials for the regular City Council meetin9 of Tuesday, August 23, 1994. Comments re9arding the Written Communications are as follows: Sa/b. IT IS RECOMMENDED THAT ADRIEN MYERS' RESIGNATION FROM THE RESOURCE CONSERVATION COMMISSION AND JANET RICHTER'S RESIGNATION FROM THE BOARD OF ETHICS 8E ACCEPTED WITH REGRET AND THE CITY CLERK BE DIRECTED TO POST I~IMEDIATEL Y ACCORDiNG TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC LIBRARY. Sc. IT IS RECOMMENDED THAT THE CLAIMS AGAINST THE CITY FILED BY RAQUEL REAL HERNANDEZ, MARIA PULIDO, THEOLA JOYCE SMITH, MEGAN SMITH AND HILDA JORDAN BE DENIED. Sd. This is a letter from Claudia Diamond, C.C.& R. Property Investments, requesting an opportunity to address the City Council on issues affecting her neighborhood (i.e., Rancho del Rey SPA III improvements along Paseo Ranchero). Specifically, Ms. Diamond wishes to express concerns about potential environmental impacts of a proposed recreational trail, noise and road connections. The overall development is subject to a final map, expected to come before the City Council in September. Since the EIR and grading plans have been approved, grading could begin upon administrative approval of a grading permit (although it is not anticipated to begin until October). IT IS RECOMMENDED THAT THE LETTER BE ACCEPTED AND ANY ORAL COMMENTS BE TAKEN VIA "ITEMS PULLED FROM THE CONSENT CALENDAR", AND THAT STAFF BE DIRECTED TO ADDRESS MS. DIAMOND'S ISSUES IN THEIR REPORT TO THE CITY COUNCIL ON THIS MATTER. JDG:mab ~b - J7 Concerns of the Villa Palmera Home Owners Association Presentation by: Claudia J. Diamond RN, SA, MPH August 23, 1994 5b//Y' DIAMOND CONSULTING GROUP A DNIS[ON OF CC& R PROPERTY INVESTMENTS, INC. 539 Telegraph Canyon Rd. Ste. # [45 Chula Vista, CA. 91910 Office: (619) 421.4121 Fax: (619).421.5628 TO: Mayor Tim Nader and the City Council 276 Fourth Ave. Chula Vista, CA 91910 August 23, 1994 Dear Mr. Mayor and City Council, The major concerns of my presentation are as follows: * Lack of notification of the public hearing approving the Tentative Map for Rancho del Rey SPA III * Plans for a recreational/horse trail on the west side of Paseo Ranchero * Redesignation of Paseo Ranchero to a 'Class I Collector Street' * EIRs; what, where and when? * Construction timetable, provIsions made by McMillan (and the City of Chula Vista) to ensure health and safety of the residents of Villa Palmera (Mission Verde) 1. Resolution 16222 (Attachment A) approving the Tentative Map for Rancho del Rey SPA III is NOT correct in stating that the notice for a public hearing was mailed to property owners within 300' of the development. We did not receive this notice and therefore were not given the opportunity to receive and comment on the proposed development. As much as we enjoy being an oasis in the middle of nowhere (Attachment B), let the record state that we are not opposed to the houses. Our concern, in part, is so stated in #2 below. 2. Resolution 16222 (Attachment C) tentative condition #12 is quite nebulous. 50'/1 A. Is the intention to construct a wide commercial type sidewalk for pedestrians or to construct a natural pathway for horses? Who is the interpretation left up to; the City or McMillan? B. Condition # 12 indicates that this wide sidewalk or recreational trail is a connecting link between 2 major trail systems (Rice Canyon and Telegraph Canyon). Are these systems designated by the City as equestrian, bike, hiking or a combination of all 3? C. Can Paseo Ranchero be a major connecting link by simply constructing a commercial width sidewalk? D. According to the City's 'Class I Collector Streets' definitions (Attachment D), 8 (eight) foot wide sidewalks are constructed on 4 (four) lane and 6 (six) lane major streets in commercial areas, not in residential areas. E. Is the real plan to construct a temporary concrete trail and replace it with a soft surface such as decomposed granite (DG)? What protection do we have from that occuring on Paseo Ranchero, which is the missing link? A DG trail is proposed on Paseo Ranchero both north and south of Villa Palmera, but in the area along Paseo Ranchero that passes alongside Villa Palmera, the DG trail is suspiciously absent. (Attachment E). F. Condition 30 refers to the sign program identifying the trail network in the open space areas and connecting along Paseo Ranchero and Condition 31 refers to the equestrian type fencing, both are found in the same Resolution #16222 (Attachment F). G. Isn't the City currently studying a plan to upgrade and expand the use of its trail systems? That is, connecting the Bonita area with the Olympic Training Center? H. Is there a City Ordinance or any law prohibiting horses from using concrete sidewalks that have been designated as recreational pathways? Will horses be allowed to travel on or adjacent to Paseo Ranchero, say in the proposed bike lane? I. Does the City have any health codes with regards to horses; i.e. prox- imity to nonpublic residences and excrement (and the disposal thereof). J. 1) Most of the City trails, including recreational pathways, are constructed in city open space lots and maintained through open space maintenance districts. Why can't this major "trail system link" be constructed in the city open space lot proposed along the easterly side of Paseo Ranchero? (Attachment G). Would this interfere with the "buffer area" for the new McMillan Homes proposed easterly of Paseo Ranchero? (If this "trail link" is to be within city open space, it should be included now so that maintenance costs are estimated now and disclosed when new 5' 6 ~ old units are first sold. It will be almost impossible to increase maintenance assessments after the first year). Tentative Map Condition #12 (of Resolution 16222) refers to the Public Facilities Financing Plan. Attachment H, clearly states that all of the trail system will be maintained through the Open Space Maintenance District. Is this possible if the trail is NOT in open space? J. 2) With the above in mind, there is clearly no "open space" or "buffer area" on the west side of Paseo Ranchero. (Attachment I). The homeowners of Villa Palmera were never notified of this as a plan or possibilty, nor were they informed of any associated maintenance costs or the possibilty thereof. (Attachment J). ..,. 3. When constructed, the original intent of Paseo Ranchero was as a connector between East "H" St. (to the north) and Telegraph Canyon Rd. (to the south). East "J" St. was to be the major road carrying the burden of traffic. The homes built along East "J" St. were indeed built further back from the road. The houses along Paseo Ranchero are closer to the street. A. The original plan (traffic circulation) was for a minimum design speed of 40 MPH on Paseo Ranchero. (Attachment K). The design speed has been upgraded to a minimum of 45 MPH with the new street design standards. (Refer to aforementioned Attachment D). With a minimum of 45 MPH, there is no doubt that speeds in excess of 55 MPH will regularly be attained through the neighborhood. These are acceptable speeds on the highways, NOT through communities where children walk and houses are near the roads. What about a guard rail or other barrier, such as a wall, to protect existinq down slope residents along Paseo Ranchero from out of control vehicles, hoodlums or horses using the "recreational trail"? B. Circulo Verde, the PRIVATE road which runs through the existing Villa Palmera Development has a speed limit of 5 MPH. (Attachment L). What plans have been proposed to protect the residents from public access? Certainly it has been anticipated by the City, that a turn onto Circulo Verde from Paseo Ranchero at a minimal speed of 45 MPH would have tragic, if not deadly results. C. How can a minimal speed of 45 MPH be approved when two schools will be in the area? An elementary school located at East "J" and Paseo Ranchero and just east of this intersection, located on East "J" St., a sec- ondary school. McMillan's proposed project includes in excess of 1300 new residences. In addition to the existing homes in the entire area, how can the City responsibly allow children to walk along streets where cars will be driving at highway speeds? What is the speed designation in the S/? -~/ vicinity of the schools? Can one presume 25 MPH? If so, how can a vehicle, reasonably be expected to slow down to 25 MPH or stop, if the minimum is 45 MPH? In a court of law, these are clearly conditions which could reasonably be anticipated and for which, it would seem, the City would be held liable. D. With the redesignation of the street to 'Class 1 Collector', changes to the road are deemed necessary to accommodate the increased flow and speed of traffic. 300 (three hundred) feet of East "J" (from Paseo Ranchero west) has to be redug and dropped 1 1/2 (one and one half) feet. To accommodate the new street design and trail, private landscap- ing, established trees, irrigation systems, stairs, curbs, pedestrian ramps, etc. are to be removed. (Attachment M #16 highlighted, for example). The existing public and private improvements were approved by the city and constructed over 5 (five) years ago. Once again I refer you to (Attachment C), Condition 14. c. which refers to the Mission Verde subdivision and indicates that "existing conditions shall remain". If the street were not redesignated a 'Class 1 Collector' to accommodate higher speeds these street improvements would not be necessary. With 14. c. above, it seems that changes cannot be made which would indeed affect Villa Palmera. 4. What, if any EIRs, have been done for the area surrounding the Mission Verde project? Any EIRs done prior to the change in street status, will be of no value. A. In addition to the proposed city open space buffer for the McMillan homes, Condition 23 (a) of Resolution 16222 (Attachment N) shows need for additional buffer from traffic noise on Paseo Ranchero (directly across from Villa Palmera), due to the upgrade to a higher design speed. There was NOT any such concern or reference for a buffer (such as a noise wall) for the existing residences of Villa Palmera, despite the fact that the existing residences will be exposed to the sam e traffic! Has the need for a traffic sound barrier been orooerlv investigated? B. It is reasonable to compare Villa Palmera to Park Bonita (Resolu- tion 15388) which is located on "E" St. at Bonita Rd. : "E" SI. is designated a 'Class 1 Collector Street' (at Park Bonita), the same as Paseo Ranchero. The Tentative Map Conditions for Park Bonita required a sound barrier. Condition 2 of Resolution 15388, required a 6 (six) foot high solid masonry wall with pilasters and Condition 7, of the same Resolution, required the noise barrier wall to reduce the noise level to 45 dB-A. (Attachment 0). Prior to occupancy, the interior noise was to Sb - .2d-. be rechecked to assure that the level be 45dB-A or less. Why has this not been required and considered for the existing residences of Villa Palmera? 5. With regards to the upcoming construction, what provisions have been made for the residents of Villa Palmera? A. To date, I have been informed by McMillan that the pump station will be removed; however no time frame has been provided. Per the Villa Palmera Disclosure (Attachment J), the area which the pump station now occupies will be turned over to the Homeowners by the City. How does this process occur and with whom? B. How does McMillan plan to maintain the habitability of the resi- dents of Villa Palmera during the entire construction period and after- wards? There is nothing in Resolution 16222 which addresses the health and safety of the existing residents of Villa Palm era. Our concerns include, but are not limited to: 1) noise, 2) construction traffic, 3) dirt. C. The private road within the development was resurfaced in July. How does McMillan intend to keep construction traffic out of the road? D. Is he planning on storing construction trucks and trailers on Paseo Ranchero or East "J" St., that is on the streets directly surrounding Villa Palmera? E. How is McMillan going to keep construction dust and dirt out of the Villa Palmera neighborhood? Construction is going to affect the commun- ity on every side. (Attachment P). A clause needs to be included re: wind in excess of a specific MPH; that dirt moving should cease. Who will regulate this? F. How will McMillan ensure reasonable decibel levels for the residents of Villa Palmera during construction? How will this be monitored and by whom? I appreciate your time, attention and concern regarding these issues. If any or all of you would like to see the community on whose behalf I am here representing, please don't hesitate to contact me. I look forward to a rapid and satisfactory resolution of the issues at hand. Sincerely, Claudia J. Diamond RN, BA, MPH President, Villa Palmera Home Owners Association President, CC&R Property Investments, Inc. 5b-2] ., iLfi'1 .' , f USOLtrrION NO. 11.'J.'t.'J.. ~OLOTION or ~ CITY COUNCIL or THE CITY OF CHULA VISTA APPROVING 'l'HE TENTATIVE SUBDIVISION MAP FOR . ItANCHO DEL BY SECTIONAL PLANNING AREA (SPA). III, CHULA VISTA 'l'RACT '0-02 . WHEREAS, a duly verified application for a tentative 8Ubdivision sap was filed with the Planninq Department of the City of Chula Vista on November 8, 1989 by Rancho del Rey .ar1:narahip, and ~, aaid application requested the subdivision of approxiaatelY 405 acres into residential lots, open space areas, a school 10t, park and community purpose facility lot, and WHEREAS, the Planninq Commission held an advertised public hearinq on said project on May 8, 1991, and continued to May 22, lUl, and ~S, the City council set the time and place for a hearinq on said tentative.subdivision map application and notice ~ of said hearinq, to;ether with its purpose, wu ..iven by its '/', / publication in a newspaper of ..eneral, c,irc, ulation in the city and , its &..~!= :.... :;:~~nll~~ ~~!:{..-.-....__..... '~. v,-~I"" ,!~ _.._~ "~hJ.uti.,,"~Ii3U^...~_lu,,..;"", ~" j' ~ and "". :.... ~,J' WB~' the hearing wu held at 'the time :and place as ) .1f::rV" advertised, namely 7:00 p.lll., June 18, lUl, in the Council b'M:- ~;j; Chambers, 276 Fourth Avenue, before the city Council and said t~'. hearing was thereafter closed, and WHEREAS, the city council recertified EIR-89-10, with statement of OVerriding considerations, and associated Mitigation Konitorinq Program for Rancho del Rey SPA III. ROW !'BE:R.EFORE, BE 1'1' RESOLVED '1'HA'1' '1'HE CITY COUNCIL finds as follows: " ~suant to section 66473.5 of the Subdivision Map Act, the ~antative subdivision map for Rancho del Rey Sectional Planning Area (SPA) III, Chula Vista Tract no. '0-02, is found to be in conforaance with the various elaments of the City's General Plan ~sed on the following: . .... . 1. 'l'he site is physically suitable for residential development and the proposal conforms to all standard.' .stab1ished by the City for such projects.e 1 .~ ~?;b -..2~ l .:SCALE. I' . 400' . " FIRE NUTES 'i"1i!~_ I. THE F IRE FLOW REQUIREMENT SHALL BE A M I N 1MLf.l 2, 500GPM FORTWO'..<~!':' ~~~RA~~~~S ~~~~~G~~ I ~AS~:k O~TR~ET M I ~l ~~ F~~ 2~H~C~' iHE R~~6~U~~/://);r MEASURED AT THE T I ME OF MEASUREMENT. ':/ . '.:,:~. "~:,<t, , ."'. ; -,~;;rt;!,:~:<,,~{~};~ ~"'!'~' EACH FIRE HYDRANT SHALL HAVE ONE III 4' OUTLET AND TWO (2H'r2'!2 ':'.,;;-': OUTLETS. INSTALLATION SHALL BE IN ACCORDANCE WITH THE'STANDARD/J SPECI F ICAT I ONS.:,: "};"':P:~;(.;:'..:t.'\' ,', \ "!'T;cl,,';":~'f,t:...~ PROTECTION OF FIRE HYDRANTS TO BE PROVIDED AND MAINTAIN:9jfr.tA(C' TIMES. .... inw;; WATER SUPPLIES FOR FIRE PROTECTION TO BE'PROVIDED'PRlbktlro COMBUST I BLE CONSTRUCT ION MATER I AL BE I NG PLACED ON THE SITE, , .& ,-rJI".!. , '-'.&.& _, .&J .&:J:LI .I. '-.&:J .I. ~c rJI" .1..1..1. ,...~ , -,~ ,';.'oo ", \ I' \,.:. _,,:/~~;l, ,',i' " .. :,; ~... ,"': '.C; ~~'",,"'.' . .'. ' . . , , '- . . . "," ',~ '. :". . . , . " ~J ........ ~ Cl:: '~ I ~OT 12 --I I I ~. 9..'" . . ~J": ,':J~ :-.:~,. LOT 9 \ . .Jib , ,,~:,:,:';\:',;.:\:i;.,.. LEGEND:''''';';';;:'' ,::id:'J/; ," ..., .. !~&!~~4~~,J~~~'~~11',if~~~J". FIREHYDRANT~~:~':,'''',<:,,;: ';, 'r' LOT LINE"" ",.,-,:..,..,,r,,,, . ',.,' '. , :;~~=-:f~;f':~;':~"i:;t~:'~,LjJ.' .,' '.' RECLAIMED riATER MAiN:.....:::.~.:;;..:-:- ".: :- . . -;- .-, ':':.~'~:;~i~\-.Z"':.:,-<.~' -", FI~~' R,O LADE:RA VI LL . T.M.~ i MAp No. 640-090-28 7~OT .7 ');:"t .~ .,', :" . .,. .-' .,.' -";;, ..,')>,"'. (KEY'MAP .', .,' " ;,'" "--;,' ......,.;.-.". -." .'. ..:<_,: ,:':;",,:'-"<'->':'::'_\i_>(i,.:' . '.' CITY ENGINEER'SHALL,DESIGN ALL STRUCTURAL STREET 1 C STREETS.", STRUCTURAL SECT I ON. DES I GN SHALL BE VALUE METHOD SPEC I f' I EO ; ,BY THE CITY ENG I NEER. LL BE PERFORMED BY ,A',; REG I STEREO C I V I L ENG I NEER FESS I ONAL..;ACT I V I TY "Sc. PERFORM I NG SUCH TESTS. L BE PROV.IDED,' TO THE CITY BY.. THE DEVELOPER IN' LOCATIONSAND,TIMES'AS',DETERMINED BY THE .CITY EA VY GRAD I NG ) S PROP.ClSED. GATHER I NG OF SAMPLES UNT I L ROUGH .,','SUBGRADE I S MADE. M I N I MUM BASE TREET CLASSIFICATIoNs SHALL BE FOUR (4) INCHES. L CONFORM TOFINE<PROCESSED MISCELLANEOUS BASE. ~S SET FORTHIW1THE',STANDARD SPECIFICATIONS FOR TRUCT I ON, SECT! ON .,' 200-2.5, 1991 EO I T ION. ALL JRFACES SHALL 'BE SEAL-COATED IN ACCORDANCE WITH 2. 3. 4. Il ,6_11 " > .~::>:{,-~: 12. ;..-' l * I, 13. C-- ~e developer ahall be r.sponsibl. for the construction of wider .ldewalk. at t:ranait atop., aubject to the approval of the City EnC;1neer . ~~~e ~1nal d.sign ~f Faseo Ranchero shall includ. eight foot wide land.cape aasement tiuffers as requIr.d by the ttreet Design standards or be adjoined by an open apace lot at least eiJht feet wide with .lopes no greater than 5:1. . 11 Ln.' followinc; ar.as where the final design shall be subject to the approval of the Flannin; Director, Landscape Architect and City Enc;ineer: a. Adjacent to the lots fronting on Cabo Calabazo, Calle candelero and Punto Mirale.te where a special slope and retain in; wall design will be implemented; b. ~ong the Junior High School site; or--' Along the existing Ladera villas and IIf . .tY.t..-i........ 'Wk... __1_~J."2 __...alLJ._u_ .1....11 and .... d. Adjacent to the out~parcel owned by the Chula Vista School District. .15. The final design of East "J" street shall include 5.5 foot wide '. landscape easement iiiitters as re-qu1red by the Str.et Design Standards or be adjoined by an open space lot at least 5.5 feet wid. with 5:1 maximum side .lopes, except in the following locations where the final design shall be subject to the approval of the Planning Director, Landscape Architect and City Engineer: a. Along the park aite; b. Along the two corner lota at the interaection of East "J" stre.t and camino Miel (lots 82 and 57 of Phaa. 2, Unit 1) and the southeaat corner lot of Eaat "J. Str.et and cabo capote (lot 15 of Phaa. 2, Unit 2); c. Adjac.nt to the Clut-parcel owned by the Chub vista School District; and d. Along -th. existing Bel Aire Rid;. subdivision where existing conditions ahall ramain. 116. All retaining valls Which interface vith the public street .ystem shall be conatructed to match the Ranch Rancho del Rey SPA III Design Guideline standards for exterior walla. " \\ 56 ---c:<? CLASS I COLLECTOR STREETS' I(1)/1 '----' Design ADT ~inimum design speed Curb-to-curb Right-of-way r.laximum grade Minimum curve radius 22,000 45 mph 74' 94' S'l; 700' with 5% supere1evation to 1100' with no supere1evation ,",. Class I collector streets serve primarily to circulate localized traffic and..to distri.bute traffic to and from arterials and major streets. Class I collectors" are desi gned to accommodate four 1 anes of traffi c, however, th~Y.'carry lower traffic volumes at slower speeds than major arterials, and'they have a continuous left turn lane separating the two directions of traffic flow. Typically, intersections shall be spaced no closer than 660 feet unless otherwise approved by the City Engineer and signalized intersections shall be spaced at one-quarter mile intervals. Access to and f,pm this Class I collector street from abutting properties shall' typically be controlled but not restricted. No direct access from single-family residential homes is. allowed. In developed area of the City di rect access from si ng1 e-family homes cou1 d be allowed wi th approval of City Engineer. Parking on this facility shall typically be allowed. However, parking at critical locaticns may be denied as deemed appropriate by the Ci ty Engi neer. If a bi ke 1 ane is to be provi ded in conformance with the Bicycle Element on this Class I facility and parking is to be retained, an additional 10 feet of right-of-I'/ay will be required to allow for a 10-foot widening of the roadl'/ay cross section. In special cases if no abutting property access is allO\'/ed, the strip's median, with approval of City Engineer, can be reduced to 4 feet. \lith approval of City Engineer, in developed areas, with less than 74 feet curb to curb (64') no widening is required except at approaches to intersections as per Exhibit "A". Approaches shall be designed as per Exhibit "F." Left turn into an intersection driveway will be prohibited by a raised median. Further modifications may be allolied to this standard as a result of the existing and projected traffic volumes. S' ff. LANDSCAPEO ~ SUFFER AREA EASEMENT 45' 55' (''f'r I I S'~~ C., MAX /' s-G / s' PARKING -- 1.0' ....SS'/94' .,.. 34'/37' "'"34'/37' Ii. 20/0 I 20/0 , I 12 12' 14~~1 12' 12' I ff. S' 1.0' SLAND~CAPED r SUFFER AREA 5.5' . 4.5' EASEMENT ......... ~5.1 MAX ~ 2% / I 2:1 MAX , -;.-t-- PARKING ~ , s' I "'"THE MEDIAN WIDTH MAY SE REDUCED et.A!>6 I vULLt:.v I O~,.. TC 4' WITH THE APPRCVAL .oF THE CITY ENGINEER ** Landscaped slopes greater than 5: 1 may be acceptab1 e as determi ned by the Director of Planning. 10/12/89 -7- 5lJ ":2~ 1\ D 'I ,. It It e' ,.. 112'/116' e' ,.. .. 10112' 39' 7' 7' 39' 10'/12' 2:1 MAX * ,.. I 1 5.5'/ S' 5,5'/8' r- "- 2% 20/0 20/0 2% 2% ~:ii;~ ~ - - I - NO ct. NO LANDSCAPED PARKING PARKING LANDSCAPED' BUFFER AREA 17' II' JI' 14' JI' II' 17' BUFFER AREA EASEMENT EASEMENT "'''6' RIGHT-OF- WAY DUE T'J..I'D1L ..., K: ........,"'... ~UUI:'Crl.61 rcr::'^,", .Jii LANC,.....u^ I()~. (DEVELOPE D AREA W/O 1- S05 ) ** Landscaped slopes greater than 5: 1 may be acceptable as determi ned by the Director of Planning. 4. FOUR-LANE MAJOR 20' lSCAPED 'ER AREA EMENT ; AX .-----\" --" Commercial Area (frequent driveways) Design ADT Minimum design speed Curb-to-curb Low Density Area 2:\ MAX/ Right-of-way Maximum grade Minimum curve radius 28,000 45 mph 80' (includes a 16' median) 30,000 55 mph 80' (includes a 16' median) 104' 7"/" 1,100' with no superelevation 104' 7':, 1,150' with 5% superelevation to 2,000 with no superelevation he Major streets are primarily designed to distribute localized trips. Typically, intersections shall be spaced no closer than 660 feet unless otherwise approved by the City Engineer and signal ized intersections shall be spaced no closer than one-quarter mile intervals. A raised r.1edian is "equired to separate the t\,O directions of travel and to improve the 'isual appearance of the arterial corridor. One mid-block merlian opening lay be permitted only with approval of the City Engineer. Such ntersection and any resulting signals shall not negatively impact signill rogression and traffic flow on major streets. This opening shall Ipically be spaced at the mid-point ~etween the major intersections Ipprox. 660'). The specific location of these median openings shall be ten.lined by the City Engineer. 39 -5- ,Sb/c2~ - Jl5 - 2:1 MAX PARKING st:"' ~~~i;~E << ** 10/12/89 \\. \\~I\ ~) Access to and from four-lane major streets from abutting properties shall typically be controlled but not restricted. No direct access from single-family residential homes is allowed. In developed area of the City direct access from single-family homes could be allowed with approval of City Engineer. Full access median openings will be permitted with approval of the City Engineer on these facilities only at locations specified by the City Engineer and under conditions establ ished by the city. Parking on these facil ities shall typically be allowed. However, parking at critical locations may be denied as deemed appropriate by the Ci ty Engi neer. If a bi ke 1 ane is to be provi ded in conformance with the Bi cycl e El ement on thi s four-l ane major faci 1 i ty and park ing is to be retai ned, an addi ti ona 1 10 feet of ri ght-of-way wi 11 be requi red to allow for a lO-foot widening of the roadway cross section. Four-lane majors sha 11 also provi de 1 andscaped buffer areas. Pedestri an crossing demand should be well planned, focused and controlled to direct pedestrians to designated crossing points at signalized intersections. Widen all approaches to intersections as per Exhibit "A" in order to provide for additional lanes, as per Exhibit "E." It It * 01/ 4' 20' 20' 10 10 ~ 10'/12' ,.. 10'/12' LANDSCAPED LANDSCAPED S' S' 32' BUFFER AREA SUFFER AREA 32' " EASEMENT EASEMENT ... .... r .... *"'5:1 MAX l - 5.5'/ s' 5.5/8'- -5;1 MAX ~ .---....... 2% 20/0 2%~ 2% 2% -- - 1'- - 12' i ".1 I It. <- I" -" ~ 12' 12' s' PARKING 2:1 MAX./ IIfii I ~ r 11!'."~lJ I A,i:\ , - Landscaped slopes greater than 5:1 may be acceptable as determined by the Direc:or of Planning. -6- 5b / 3tJ RfW 8' 4B' 50' .,. ':':..?~~l~ r;/~.}:j1t:.~ .... '. .. 'dO"-~":": .: """'"/0'" '8;: .~_~:/'" 4' 4'PAVEb~[OIAI/PER.:::~! ,(4) " .ti2. 30' 33'4 m T :'lANDSCAF€PiJW.S.;''';\l?,. '," <::.f~:--.~, . ;..DWG.NO.,._.:.,~:~:: ~:. ''''r .L:,.~~::,i-':'/:':<\ 12" DaM. W.M. EXI571NG....,."...if,,',. '"""''',:'') ,OPOFPIPE fL'4i,2.1 liI1PNJVfMfN~"'" "'Y. ' ..1,;/. . a" REeL. W.M. .--::--:- ,--.s, _,~. /i' TOP tJF PIPE El.=.u.a./ . .",_'C",,' U:;,:::.:.,~~" - ::;!~:y~ m:wv l:) I\tCL. W./Vl. ~ 40' VAIRES 10"080' 5U6D/V/610N 8OUVOARY Ell, TING IMPROVEMEN! ------ . l.:-' ,.'< . '.. ~;. . .. :."__._' _'c'.. ___ "'~-<_"~':':'-'~"i~';'-'-". VARIES' FROM 4'RTesTA 3+32./3 TO 8'LTt!. STA462/3 vJ C G ~:: \J \lJ Vl PflOP. fI!W,' 8' '~.!' ;N'G WAUS ~/N'&PLAN~ 'I' 9/-G5GA . '.698 '. 'c'STA 2+ 63.68 Pf/OP. (/iW - . ~ I ~.....-:,_ :c'" , Pf/OP. a'FROM 'PflOP. ::' /1lTAAf52./J IDSTA 7f221J1. fi!W :,:. ,\ /!\~ ." 6 -:,: ::'< " NO Will \-= \lJ 8' @) .',",m',,"" ;1':. . : '\{'--:'~/r~ .OETAI NO SCALE ~', '.' .:' ~o. TF ::;::;:iJA~~~o"EFER..'. "-." '_...:};'\:;,~:.:ii;',;!!;;~;;~frv:; i;:' TO TABlE@ :..'......,.,., ..J,..~..,.......,.~,.....' .. . --'.:", '.-,:.,..- ~...'~.-:~~:::":...\,~.:~:~.. ~ _ _, "..< . . ._..,~_._,.~,..-,;-::T...:'... (CALLE SANTIAGO TO STA. 23~9.9~; "'-:-"".'" .' _. "'0 -'-;--- ..'.~-_. ........::..:~7:..,.- '.- -;"':"'i~ .,E,.X/5r[Pf/OP.t .. 'ffloP". RLw'/;t_"~ - ", A '. :"; /~::'-\';\:' __,"~}~~r' lb' "ti\ff~ 0" ::',\, '.JU8CJV76/0N SSM., '.,' .. BOUNDlJRY' 'f' i,"<'.. . 'I . EXISTING' .~;ft~. ,)~;' " 'to :L/~~~~:~~T5-r:~~'~':':': ;,~,~~'~.A;:~' H' "",-.'" ' NOTE. FOR lETTEIfED - t. . ,', ---'- DIMENSIONS} RVER , TO rll6~~ ff) · TYPICAL STRE y ~ \(J "~ ~ . . " CD G"MON ~ert-~~:VEEC! Q TREE I '01 EASE~ @ 6"TYP .. ELE CD SEE 5 eRO SS G) SO:E SI '. CROSS -J ~ <s: /--- ~ JEECT TO %,'f RANKIN' M'ANDs(A~ "';INO(!7Y 7YPJ\ >>~J ( 5 NOTE: FOR I.GrT~Re.D "'(.STA4Q-t64.1J lOSTA47-t(,4.1J - /JIMFKJIO/V.~ ./fEFER CRQSS.SlOPETRANSIT/ONS TO TA8LE ' '; -,. . , FROM 2% TO It . ..: STA. 28+31.99.TO TElEGRAPH CANYON.ROAD J/ 1-. ' ,', - . " " ,LOCATION; '" . FROM . TO CALLE SANTIAGO 7+30.2.7 " 7+30.27 8+90.Z7 , 8+90.27 . 23+69.94 23+69.94 . 25+92.99 25+92.99 28+31.99 , ~ 28+31.99 ' 28+78.91 '~:'28'+1e. 91 -'29+58.94 , " .. 29+58. 9~~',': ... '. 29+76.94 -... 29+76.94 . .; 30+83.94 . 30+83.94 33+48.94 , '.', J3+48.94 36+48.94 36+-48.94 4~+51.45 41+51.45 '45+13.ge .. .0,-. c, ~TA <lfHXJ1I1,sTA'f,.!Jlu..rl.T '~4'.5i,"rCS,T,ll4!iOJ'(#_ PROP. ~~e;A~,[l::lt;;;u.*5" fROP. 12',,. R/W 250111 SWGIIT PfR P/.AJJS STA. 23t69.94TO STA 28+31.99. STA of/.OOTD 57A 41.5/U~~," 'T.ll -1(,51.44 TOm"Sf/lU5- r:..~;;:.~ ~./f~~.uJS 'PROP. "VNlIBn'JtTTDO'l.T. R/W'; ~';r:~::';::~':;,;<. ,c ". D . /0'- "'8" . "'''OM''''"",," . .5' > @. ., I.4NDSCAPE PU.W D.WfiI_."f1o. ::11 '. .' 1/ p- ~I va~er 1. exclu.ively u.e~. ~he comprehensive landscape plans ahall .ddre..: a. .. .t . tI. c. ,/1 /'~ Slope enhanc_ent and landscape treabent for the alope in Open Space Lot A, Phaa. 3, Unit 3, beneath the Junior High achool lot. ~e plan .hall a~dre.. and provide for mature aize plant material, boulder work and/or buttress work on the alope. A fta~uralized reveqetation program for are.. of 9r.ding in open apac. lot., which aay include 1:uporary iniiation. ~e di.~urbe~ Wnativ.- area. within ~eleqr.ph Canyon Road open apace corridor. ~hi. area ahall include tr.. tp"OUpini. or tre. 9%'ov... ~h... planting. .hall be treated .. random plantings and ahall be identifi.d in a~ least .ix area. aloni the corridor with each loca~ion providing plan~ini. of SO to 100 tr.... ~he exact number of trees an~ locations are to be approved by the Planning.Deparbent end Department of Park. and Recreation. ~h. intent of the.. 9%'ove areas i. to provide a con.i.tency with exi.ting 9%'ove area. in the open apace corridor west of the Rancho d.l Rey SPA III area. Prior 1:0 approval of the It'P.~ 1inal up, detai_l~-,~owinq the location and des1in ofth~and a _ign program shall be .ubmitt.d to and approv~rector. of Planning and Parka and R.creation. ~he trail ay.tu in the open .pace lots .hall be a minimum 6 fee~ wide within an . foot horizontal clear .pace an:h:liolfoot verti~a~'lPa.~~iri~~ea:p.~~i:pt::e~~~s .... -l -;;- ~onnectini along Pa.eo Ranchero, 0 the'sati.faction of the Direc~or. of Plannini and Park. and Recr.ation. , t/I1. Prior final .ap approval for Jlba.e "',-.\hilt , .nd Jlhaae ","nit 2 - a. ahown on the ~entative Map, cro.. ..c~ion. ahall be aubmitted to and approved by the Director of Planning and City Eniineer " illu.trating the interface where the trail is located adjacent ".' - 1:0 the drainaie ditch along ~eleqraph Canyon Road. ~he fencing / ( of the drainaie channel ahall be aesthetically ple..ini ,-",c- incorperatini thie u.e of plantings .._,.t~ and vinyl clad fenc ni. ~he.e cro.. .ec ecoratlve fencing pr09%'aa .ay be included with the comprehen.ive landscape plan. rence 9ate. .hall be provided a~ location. approved by the city Eniineer t.o allow aain~enance of the drainaie channel. t, . Q., i Parka 32. ~e developer ahall be obli9a~e~ for 12.S acre. of parkland as described in the approved SPA Plan, including land, and/or fees, and/or additional improvuent., in accordance with the Parkland Dedication Ordinance. ~e actual final acreaie will relate to the ft'nIl"'er of units approve~ with 1:he rinal aap..- . 33. fte park 10cate~ in Pha.e " Vnit.. .hall be a ainimum 10 net useable acrea. Design and development of the park ahall be { 5b -J.2 ~~6 'R~~ro EAsT ~ 5b';} 1 ~ ~ 52~Jt( IH ~ irrigation per the standards of the Parkland Dedication Ordinance, and installation of 3 lighted ballfields with a soccer field. The community park. which has been named "Discovery Park," was completed in April 1990. All of the grading. and neighborhood park level improvements will be conditions of this project without reimbursement from the City. The construction of the parking lot and the lighted ballfields/soccer field were required as part of this project and are valued at approximately $518.000. These improvements will be a credit to the payment of Residential Construction Tax fees in an amount equal to the actual cost of improvements. Credit will begin immediately with Phase 2 and Phase 3 units. In addition to these improvements. the City may construct a community center. The East "H" Street Park and the neighborhood park located on the central ridge are the two parks which will. by themselves. satisfy the minimal dedication and improvement requirements for SPA I of the City's Parkland Dedication Ordinance as in effect on October 1. 1987. The Parkland Dedication Ordinance requires a minimum of 14.5 acres. Explorer neighborhood park is 5.6 acres, while the East "H" Street Park. devoted to park purposes and not encumbered by the SDG&E easement, is 6 to 9 acres depending on other public facility needs. These parks have been master planned by the developer and will be improved per the master plans. Maintenance of the East "H" Street Park will be from the General Fund. Marisol neighborhood park located in SPA 11 is 5.0 gross acres. This park was master planned by the developer and improvements will be made in accordance with the approved Master Plan consistent with the requirements of the Parkland Dedication Ordinance adopted by the City Council in December 1987. The neighborhood park in SPA 111 is 10.0 net use able acres and is located adjacent to the junior high school site. This park will be master planned by the developer in conjunction with the master plan for the junior high school site and improvements will made in accordance with the Master Plan consistent with the requirements of the Parkland Dedication Ordinance adopted by the City Council in December 1987. Should additional parkland be identified as needed to meet the obligations of the Parkland Dedication Ordinance, the developer would make additional improvements to parks within Rancho del Rey or that serve Rancho del Rey or pay cash equivalent or some combination of improvements and cash payments at the rate of $173,455 per acre for each additional acre so determined (i.e.. if 2.56 additional acres are determined, the developer would be obligated for a total of $444,045 in additional improvements). The amount of additional improvements will be based on the final number of dwelling units actually constructed within SPA 111. The staging area, the SDG & E trails. and the canyon trails are three elements that are unique to this project. The staging area developed with Phase 3 will serve to be the main entry to the Rice Canyon Open Space Preserve. A Master Plan h . vements were installed to have this function as a . . ,,____..'ftA .......# < The trail system will be Improved per the Master the City. ,,'llIflmJi'l . r' _' I i"J~W,JI " _"L "'. ~. ". . . r" . ::,,,:', eveloper and approved by 17'" IH1 ) fA' un .111'11' U\lIf:~I~nll'!' .. L1brarv In April of 1987. the City approved a Public library Master Plan which Identified the need for subregional library facilities to serve the needs of Mure residents. Rancho del Rey was included in a subarea labeled the Sweetwater/Bonita Study Area (Exhibit #5. page 28). The study identified the need for a library facility of approximately 40,000 square feet to serve that area. In light of the City's overall library needs. the minimum library desired by the City is 20,000 10/19/90 27 .n;, J? V; lIa Pa'mt:r~ I sb~ 37 ;""J.... , \ I :_ ~. . >>- Jr '.' I ~}~ ,,""~ ~\::; . ~.,:, ,-'.~ ~. ,~.,"~ 'j,':;", i\ "l ~ ':<'''-' <r'" ;.~-: ) ~J .'V\ l' '.1"~ ~,,:.. j4{ 't., ),(1 '~. " y - ~~~~'~~- '~".f~.;, ~.~_.- -~~-' j ~"J,;'~ ,.t.. .. ,', ','- \, -'-"'. I \ \ ~-fO .,~...._---~ :r I I I I I 5b ~'1( "J' ... .&.....:L.4"""""P'~~fiR*.,-, ~,.L~ &',#..~ ~U ,& E. Welcome to Villa Palmer a, a new exciting and unique community in Chula Vista. We feel before you purchase your new home you should be aware of some of the facts that make Villa Palmera unique. History In 1982, the property was approved for multi family use by the City of Chula Vista which allowed 102 apartment style condominiums to be built. Subsequently, Mission Village Properties, Ltd., of which Terra Industries, Inc. is General Partner, purchased the property in 1987. Approval was received through the City of Chula Vista Design Review Process for a new concept and product featuring 76 patio homes of larger size with exclusive use of yards and two car garages. Many of the homes are detached. Ownel'shiD and Maintenance Villa Palmera has furthered its uniqueness while condominium ownership with some twists that make each single family home. maintaining home li ve the like a In typical condominiums your association controls and maintains the exterior of all dwellings. However, at Villa Palmera, each homeowner maintains the outside of his home including painting, roofs, stucco as well as the exclusive use area (yard) designated by (and including) the fence. Also, each homeowner is responsible for his or her own water, telephone, electricity and sewage charges. The Villa Palmera Homeowner's Association is responsible for maintaining all landscape common areas around the homes (excepting the yards), the private streets and motor courts; the pool, spa and cabana building and the facilities for the recreation area; the sidewalks and drainage systems outside the fenced yards, private street lighting, private street signs, directories and offsite and onsite slopes. ~~.!J-p_ant We have chosen not to include any "view premiums" in pricing the homes, even though some homes currently may have a view, since they could conceivably have their views altered by the construction of single family detached homes adjacent to Villa Palmera in the next 2 to 5 years. The property adjacent to Villa Palmera is currently owned by the Rancho del Rey Partnership which, according to the specific plan approved by the City of Chula Vista in 1985, plans to develop approximately 1,380 homes south of "H" Street. 5~ / r c2 - P~O'P 1 nf ? - I\T11 '---- The current status of Paseo Ranchero as proposed by the City of Chula Vista is a four lane connector road joining "H" Street to the North and Telegraph Canyon Road to the South with construction to be phased as Rancho del Rey Partnership develops their property. Homes on the East bordering Paseo Ranchero could experience an increase in noise level when Paseo Ranchero eventually carries the City's projected traffic loads. Those homes immediately adjacent to Paseo Ranchero have some additional steps taken for sound attenuation, such as some dual glazed windows and thicker glass as required by the Acoustical Impacts International Report dated October 25, 1988. The property bordering East "J" Street to the south is currently owned by the Chula Vista City School District. Further information regarding the proposed elementary school site can be obtained from the Planning Division of the School District 425-9600. Communit.v Facilit.v Districts and Charll'es In order to make sure tax dollars and assessments paid by Villa Palmera residents are applied to their specific needs, Community Facilities District No.5, (C.F.D.) has been established according to the Mello-Roos Community Facilities Act of 1982, as amended, for the purpose of constructing public schools to provide adequate educational system capacity. Additional information is provided under separate amendment to the "Purchase Agreement and Escrow Instructions" which explains in detail the costs associated with this C.F.D. In the developm'ent of the Villa Palmera has paid $591,710.00 in benefit fees community which has not been added to Project, Mission Village Properties and public improvements to the any Community Facilities District. Villa Palmera is also unique in another way in that it has its ow~ . . J~.1''''-'''l' This is only a temporary pump station that ~,. maintained by the City of Chula Vista through charges on the resident's water bill. Eventually the pumps will be removed by the City of Chula Vista once the Rice Canyon Trunk Sewer System is completed possibly by Rancho del Rey and the area currently devoted to the pump station (exclusive of the equipment) will be turned over to the Homeowner's Association. S'b -'13 ~}~ .~,.ct~~.~. ~ .;y-c,v,'...., . JJ",:' .. ~ ) ~ ~ \ \~ "\ , en en , STREET CAAIIACTERISTICS ~ MIN. RAIl II CVDS L STD. DESIGN DESIGN TRA' E ES PARKING LANES ".ED IAN CB. -ro<:B. R.O;W. ROUGII MODERATE KAX. DWG. A.D.T. SPEED NO. WIDTH (I!A NO. WIDTHt!:A) WIDTH lIIOTH WIDTH TERRAIN(al TERRAIN (a) GRADE 'RIllE ARTERIAL d 50,000 70 6 12'-16' 0 (d) 16' 98' CVD34 1000' 1500' 7\ MAJOR . 1 25,000 50 4 12' 2 S' 16 ' SO' CVDSl 750' 1000' 7\ !~'Ii91,~..' . V.}. 1.,... U 4 11" I ,.'. . .. G ~.' ..CVt>Sl' ,\""'-- ..au~.. ..~"...4 ...~ .. . . ..... ,,,,,.;-",, RESIDENTIAL (b) COLLECTOR 1 5,000 30 2 12' 2 S' 0 40' CVDSl 200' 300' 12\ ...;..;. RESIDENTIAL 1 1,400 25 2 10' 2 S' 0 36' CVDSl 1001 200' 15\ COII~.zRCIAL/ IllDUSTRIAL 2 - 30 2 14' 2 12' 0 52' CVDS2 - 200' n FROHTlIGE ROAD 2 - 25 2 11' 1 S' 0 30' CVDS2 - 100' 15\ 2-tll1Y HILLSIDE te) LOCAL 3 - 25 2 12' 1 S' 0 32' CVDS3 100' - 20\ 1-WA'l H Il.LS IDE Ie) LOCAL 3 - 25 1 16' 1 S' 0 24' CVDS 3 100' - , 20\ - RESIDENTIAL CUL-DI::-Sr.C - 25 2 10' 2 8' 0 36' 100' 200' 15\ ALLEY - 15 2 10' 0 0 0 H/A - - 15\ CITY 0' CIIULA VXBTA S'fRltE'!' S'fU1lARDB f1;"y:f.. f- ,\ w.'Y/,: '. (a) TOPOGRAPHIC CLASSIFICATION TO BE DETERIIIIlED BY CI~Y ENGINEER. (bl 8\ IN COHM!:IlCIAL AIlEAS. tel CRADE SEGMENTS IN EXCESS OF 12\ SHALL HOT EXCEED 300 FEET IN LENGTH. SUSTAINED GRADES AND AVERAGE GRADE OVER ANY 1000 FOOT LENGTII SEGMENT SHALL NOT EXCEED 10\. , I,~) " '" rt> ..... " '" c 1- " c. ro ro ~ ... 2. 3. '::ME!lCEIICY PARKING TO BE ALLOVED IN OU'r.ER 16' TRAVEL 7P'ES. 5'_lS~ ,,".:,-!!Q:"~ --- CITY'S RESPONSIBILITY FOR CONSTRUCTION SIIALL BE GENERALLY LIIIlTED TO MED1AIl CONSTRUCTION rOR ARTEIUALS AND MAJO!l.S TO INCLUDE CURB, GUTTER. LlINDSCAPING. IRRIGATION AND STREET LIGHTS WITHIN MEDIAN, AND FOR ONE 12' TRAVEL LANE ON EACH SIDE OF ARTERIAL MEDIANS. ;/\' PO!lTLI'.ND CEMEnT CONCRETE PAVEUENT SHALL DE RFoUrRE~ 11'0.. GAAIlES IN EXCESS OF 12\. . TilE CITY EIlGrNEER HAY APFROVE REDUC';'ION OF PAll1<ING. SHoEWALKS AnD RIGHT OF WAY FOR STREETS WHERE DEr:.'tED ~pt'RCPRIATE. HOWEVER. TilE HINIMUM PAVEllENT WIDTlI EXCLUDIl'G CURB AND GUTTER SHALL BE 24'. IF SIDEWALK IS DELETED. __. ......._ T"1"lN( '1"nf" 1:"H"" n~ r.URB TO PROPE~"'v {,INE SIlALL BE 51. ._.t__ ,\ K I( TREE PL ANTING a MAINTENANCE 100' EASEMENT 1 5.5 3Z a' a' 3Z' 5.5' 5.S' 4.5' z% ~ zO/o 20/0 ~. I 2% ,,'. Il I MAJOR 6' MONOLITHIC CURa GUTTER a SIDEWALK STREET 2:1 FILL (T YP) r-<-r,~} /,v,~ If. R. rTREE PLANTING e MAINTENANCE EASEMENT 55' 5.5' 45' 84' 32' 3~ (Ofl 1~ ,0 ,", , 'l Z% (TYP) COllECTOR STREET I't 60' 6"MONOLITHIC CURB GUTTER a SIDEWALK ~, .--- TREE PLANTING a , ',MAINTENANCE 5.5 5.5 EASEMENT 4.5' 5.5 4.5 ZO' ,0' $,',""IOHT GlIU,DE IT''tPl LEVIL ."" 6" MONOLITHIC CURB, a SIDEwALK STREET It 't CbllECTOR GUTTEF RESIDENTIAL It 56' .r- TREE PLANTING a , MAINTENANCE 5.5' 5.5 EASEMENT 4.5 IB' 18' 2: I CUT (TYP) s'::1\~'h'l"1 LEVEL ,0/0 ...~... 6' MONOLITHIC CURB, GUTTER a SIDEWALK It. RESIDENTIAL NOTES: STREET I. SIDEWALK 'NIDTH "'L.L BE lNCIUASID TO . ,[[T IF CITY [HGINU:" O(TEltNIHES THAT IT IS lIfAIUUHTED IV PEDUT"IA" n'."'lc. 2. W'"IMUM CUlt I IIAOII: A. IHT[IUt:CTlON OF ALLI1 WITH ANY ITltEET '. 10 ,rlT '0 "IIIOI"TII.L ITRIIT TO "IIICINTIAL .TItIIT: 20 'lIT. C. ALL OTHI" INTI"lleTIONI: 10 'lET a. " liKE LANES ARE ,,[QUIRID ADD 10' TO THE .IDTH Oil' STftEET AND PRoptRTY LINIS. ~jJ-Y-,~ NOT TO SCALE . "",ud 0,.." R. M. F. Doto 2 -24-83 CITY OF CHULA VISTA 3-83 A,pro..~ DOlO ;3-1-83 PUBLIC WORKS DEPARTMENT (/~ /' J--' ' ~ TYPICAL STREET eVDS SECTIONS I CITY ENGINEER ~ \ ~ 240' CURB TRANSITION: NORTHBOUND SHIFT 4' 240' LANE TRANSITION: NORTHBOUND SHIFT 2' 240' t. TRANSITION: SHIFT 5' 4 12' 12' 12' in 12' v 8' 8' 10' SUBDIVISION BOUNDARY R/W {. 4'BROKEN DOUBLE YELLOW 6' DASHED WHITE R/W 6' SOLID WHITE CURB 12' J5ASEO 2 3 12' 6'SDLlD WHITE 6' DASHED WHITE 157.96' CURB TRANSITION EXIS 1. CURB PER V. DWG. NO. 88-245 QRCULO". (~) 4' DOUBLE SOLID YELLOW 10' in v 4' 240' LANE TRANSITION: SOUTHBOUND SHIFT 6' 60' TURNOUT TRANSITION CENTERUNE DATA ~RG, RADIUS LENGTH REMARKS 1995.00' 600.00' 1995.00' 65.82' 77.17' 240.00' 195.95' 671.07' A~ Of/liT ;:)LALl:.1 ~ 80' 2' TRANSITION EAST CURB & R/W CURB 10' Co '" ro :,. en 5 in v 40' I j I YI / , I R97BL 8' 12' 12' 4' 30+00 2' 12' B'SOLlD WHITE 96' - 6' DASHED WHITE 140' LEFT TURN POCKET \ EXIST CURB PER CITY OF C.V,DWG NO. 88-245 8~ I STOP PAVEMENT LEGEND ~ ~ I " , '-' -...:.< '" ~-.....' C:> ~:l;J C) VI'" fii ~ '7 0 C) '\) R1~ Ij ~ -'71:l VI 0- -cj Iii" :tl Ci 0 '<''' S? '" :;j "- i . Ij h il1 f[)(JE Or EA/.5T ty#/(. SAWCIIl LlIIE 2' iir..t .4.C.II6fJ! !fENOWIL '* EllS 1 ST IIGHT< P.B TO 8E RE:iOCATE:D TO erA. 27+80 I 6;& ~~ 0,,' ~I~ I ;;;!;j "I:;:: \? '" '" I ~,5i :<i\ ~ ~ ~!"" Ii ClJ,~ dl"" \!i I"''' 'I'~ ~~ ~ I~~ II " Vj C:> \!> _ \) "I ;<i "', '1:::: :>Ii OJ ? ~ "1 \1 . '" ~ ~ ~ 9!:ill:: , 1''1 'i:>::: ~ " '-C '" :~ );:j l~ '!' I~ :ClJ 'Ii! ~<ii !~ ,<>> :< I" \ C~UUfOW/Z#';;Tk'W~ II I I I :"J '. '.1# GM/\€ CC,f ~. 0", 27f30 <i M.H. '# 8 . ::::0 ~ )> ;;0 Z '" :::I 0 <J <::'" 'i ",,"" 0 :r: _0>. )> '<> -jU> r JT1 '" "",-" ~ ::::0 . 0 II Cl!. tv , OJ Z8131.78 t TYPE '~.4' e.o. 0 413' ZEf91. 99 ~ 48' LT ENIJ ~w TRANSITltJlJ 28+3 .99 ~ ~ f'T 26-132./3 CUf(f3 4t>T E:8f78.91 ~ 48'LT BEGIN R/W Tt:A!lSIT/tJH i!6'17:}Q3 CURB4-!'T zhSCt/8ow/1I47J1W,f tv 1# c; fJ4/?'E CL/ to " ~ __l"l'l " _uo ;(;.? CD >.J ~e: \:::> ill,,)> ~27'N 29+08 250 W HPS V S1 LIGHT ON if 16.4. 70 7M/HiC I SIGNAL IiTANDARD '11/#3 '/2 PH. " 29d5 2"RE:CL. WATE;R IR!2 SE;RVlCE I 2"1t4filE... Be e.Q... I ,~r;.29f58.9"'- 50' LT Z:Jr5;J.07 SENO-R!WJRANSlT/fJN /~~':i/T ~ 2.9Flfj.94~ 50' LT RC.R. FH. :J !3EGlN A.C. BERM t TEMP. , .c. SIDEWALK <'9/867<61'8.. '-.. LINE '14 "SeE 51178 fi)~ FROFILE r..J ...l... \ 3CN-OI.(;e iE-TYI'€ "A-S"c.o. 0 . 3Of28.!34 S7U6 I.E~q5GZO tJ''f! V C. SEIffif r( lEU!' f'{.{A5 evo 30+33. '34 8"p.VC. ~ECL.MllE'" :J)ETAIL 2 57Vt3 (7EMP CAI' onJ.~3 IZ"f-V.C.OOI1.WUflts1L/8AND I"" 30~731F61'B. iSHP C4P ~. 3O+ql.5'f~48'LTP.C.R. AND E:NDII.C.B.ERM ,:--., I , TEiIIA:l<'ARY A.c.SIDn'lALK ANO BEGIN <::l<l> LODGEPOLE FENCL; ~~ 30+8'1 BEGIN GIIARORIIIL R I ~~'i! ~~o 0),,,> """"1~~ J- <..:"" ~ ~s>>'t , '\ "'Rll::J ""I:t..Y'I~...... "'50 , ;t::b.f!i!::i~~ ~ );: J::1 ,,"'''''-, ~ ~. -l~~ s::,~ ~ . ","'", :::!!:N -" ::Jlf84 END cas:j::J ['I'f . <:> "Ii 611A11DRA/L ",,,,~ ~'" u ,<>l~ ::::! '" (,) . 'E"':'__ EXIST COVOUIT' 57S0G(E. s.p .L!I!2'10'53"E "UISTF4CEOFCU&3 -- , '#'5P8 3OHj3.93~38'RT PCR. 250W flPSV Sl L/liflTONtX-4-7l TRAFFIC SIGNAL 'TANOA/1"'I~l"" W/"'312 PB.. t; ~ ~ 3/t-OS ~I~ ~ ! so.6ffE Sf ~,~ J (wi vJ<{ 3 {Ida ~:~ ~ I" (J)! ~ ~ . ~,,,, ~ ~ (n I~ .'- e: Ii Iii;,:; . ~ I "rl;, "'<. :j, ~ 0 CI'~ ",4!, I,; ~i!J, I ~ 0 l ~ ' ~~ ~ l- ~, ~ I "';;J~ i\ .Y' . i:>", j;1 C7./ I'. N::::: ~ '- "-.... 321'00 t\; ~ (n II t+::J~P.8 , ''1 I \J) :tl \\)L--i. N"" 'll I,' ~ f) :::::: )> ~'" I "'i'1! Ii ::; 't ~::2 I ~~ c. L _~.. <:~ ~~ ~~'" ~\::; II l"~ z '-0 -k 0 ~~ fTl _It r J a -1 .... -=-> i~ -.,;: -.,. :::; .... OJ :1 ;:0 " (;) i c-..;:o il.tl }> () ~>2C j;>C::O "'- <J 'i c:" ""''''' -h, -/If' +'" w -... f\;) ~.. )c:~ ()) " ~ I ::s I Q? '(,,0 "'<. ' 8 ~:i ~ 1m ):) -< r ~ 3/t99 ENO 510Ei'V4LJ: 1/i:4NS, lJEGIN MONOL/77/11! CU,ffJ GUT7€1( '1 sw z ~o :J <0 "p:i ~l;!cn (So-l (Jj':nO r., _"J"1 5b -" t/? '. ;;; !'<i ~ ~ l-i !i VI N 11''/011 ~e developer shall be responsible for construction of full street improvements for all public and private streets shown on the ~entative Map within the subdivision boundary; and for the construction of Off-site improvements to construct Paseo bncbero. East -J" street and paseo Ladera as shown on the 'l'entative Kap. to the satisfaction of the City En;ineer. .aid ~prov"ent. shall include, but not be limited to, asphalt' concrete pavement, base, concrete curb. qutter and sidevalk, aewer and vater utilities. drainage facilities, street lights, si~. ~ire bydrants and transitions to existin; improvements. .treet intersection spacin; as shown on the tentative map is ~ereby approved. \ ,\ ;C\ ~.. All the atreets shown on the '.l'entative Map within the aubdivision boundary, except private streets, shall be dedicated ~or public use. Design of said streets shall .eet all City standards. .., <;~7. \ j 19. A temporary turnaround conforming to City standards shall be provided at the end of streets having a length greater than 150 feet, .easured from the center line of the nearest intersecting street to. the center of the cul-de-sac, except as approved by the City En;ineer. 20. CUl-de-sacs and knuckles shall be designed and built in accordance with City standards unless otherwi.e approved by the city Engineer. ... Lo~ Contiaurstion .' 21. \. ! ; 22.' \ - . 1)1'" 1 Frontaga on all lots shall be a minimum of 35 feet at the right- Of-way line except as approved by the City Engineer. This condition doe. not apply to flag lots, as defined in the Municipal Code. Lot lines shall be located at the top of slope. except as approved by the City Engineer. ~~~ a~jacent to open space lots, property line. shall be locatea a minimum 2.5 feet from th~ _~~_ oJ__s;Lope. ~e preparation of final .aps and plans for the locations"listed below shall be carried out in accordance with the following criteria unless otherwise ,approved by the City Engineer and Director of Planning: .' .. . b. 131, east "J" street 5b ~f/Y .. \, / r \ 4. Pursuant to Section 66412.2 of the Subdivision Map Act, the Council certi fies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. \\ o <, 5. The size and configuration of the site and resulting street pattern do not allow for the optimum siting of lots for passive or natural heating and cooling opportunities without reducing the density well below that allowed under the existing zoning. BE IT FURTHER RESOLVED that approval of said subdivision is subject to the following conditions: ( 1. A 6 ft. minimum level width of landscaping backed by a decorative wall shall be provided between back of sidewalk and property line for all lots which back-on or side-on to . E' Street and Boni ta Road with the exception of the wider up-slopes involving a total dimension of 10 ft. or wider from back of sidewalk on lots 14 and 15, in which case the wall will be located at top of slope. The top of slope on Lot 14 shall be drawn back from the intersection an addi tional 15 ft. providing a gentler 4: 1 slope transi tion. These areas as well as the eucalyptus grove shall be shown as a separate lettered lot(s) to be incorporated into an open space maintenance district which shall be formed at the request of the applicant. 2. lL h. oF t:, ~. h i a.A'~ ...aLl. l"U.o,... ig~ r.~~.~w. ~'.:,>:;W"'~ ~-o~'l'~,~,:'_~'~,'~f:'i~ ~1,~,",\,~,,:_.,tL';;_"'_~~""'.~~f.n' .~ ~~ " ;9F'"U,i;1"'11J1lt.l.llirm.:'f'."t':t~"'~Wil~)'"'':''''' Street, Boni ta Road, and to the setback 1 ines of Lots 1 (exterior) and 19 (front). A 6 ft. high wood fence with masonry pilasters at 25 ft. on center shall be constructed along the westerly boundary. The CC&R' s shall contain a prohibi tion against any modi fica tions, addi tions or supplemen ts to the perimeter wall/fence. A landscape and irrigation plan shall be submitted for review and approval of the City Landscape Architect in accordance with the Chula Vista Landscape Manual to include the open space maintenance district lot(s) and the wall/fencing program and details. 3. -3- 5b -1/; - ---- - ------ ... ( ,: i\ 0\\ 4. written evidence shall be submitted to the city that agreements have been reached with both school districts regarding the provision of adequate school facilities to serve the project prior to approval of the final map. , 5. The approval of a final map by the require compliance with the city's standards to the satisfaction of planning. City council will adopted threshold the Director of 6. The amount of any fees applicable to the project, including but not limited to PAD, DIF and RCT fees, shall be those in effect at the time they are collected. 7. The applicant shall retain an acoustician certified with the City of Chula Vista to take noise readings ~~~lO;/;~r t~~ Ct~:st~~~~~~~e o~f~d~'I.:!r:rr~~~~ the dwellings. Based on these readings, the applicant will be required to use any additional ~iE..s t'l~.~~~..~~j;~~.t}}:~:~'f,:.~/~:.~ece:::~{ ~~ occupancy, _I Jl'l!'~'~'M W,''''';'''ill~';i.~;_l'il,i"....:iJt;f .eM f_ . ~ y W' ilt;8'?";:il!iifE'I~;';~''''i~_~'('i""",,,',,a..IJI.._; He , J" U 'l'1t."t!I'il'.. J.....;...N~.. 8. The developer shall be responsible for the construction of full street improvements for all streets within the subdivision and for all street improvements for streets adjacent to the subdivision as shown on the Tentative Map or as modified by the City Engineer. 9. public improvements as described in this resolution shall include, but not be limited to: AC pavement and base, concrete curb, gutter, sidewalk, street lights, signs, street trees, fire hydrants, sanitary sewer, water and drainage facilities. All improvements shall be designed and constructed in accordance with city standards. 10. The developer shall grant to the planting and maintenance easements streets within the subdivision as city Engineer. city street tree along all public required by the 11. The developer shall request the vacation of that portion of HilltoP Drive located within the project, along the westerly property line of subject project. said vacation shall be approved by the city council prior to approval of the Final Map. -4- 5b" 5' () _.__' '_'- ___~~'- i-. \\ ' II P 1/ Prior ~ approval of ..ch-rinal-wap, 'the developer .hall enter into an a;rag.nt with the City wherein h. helds the City barale.. for any liability for aro.ion, ailtatien or increase~ flow of dralna;e ra.ultin; from 'this proj.ct. a6. ~a developer ahal1 anter into an aqre_ent with the City whereby tha d.ve1oper a;ree. to participate in the monitering of exi.tini and future .ewaie -flow. in the Teleiraph Canyon Trunk ..wer and the financin; of 'the preparation of the Basin Plan and, purauant to .ny .dopted Basin Plan, .;re. to participate in \ tha financini of improvem.nta a.t forth 'ther.in, in .n aquitable .-nner. Said a;re_ent ahal1 be ax.cut.d by the d.v.loper prior to final aap approval for .ny pha.. or unit proposini to - ,U-!:,}-apqa .awa;. .into -the '!'al.;rap~ -Canyon ~ .lever. "5. \ ( ~7. ~a dev.lop.r ahall permit all franchi..d cable talevision companie. (RCable Company.) aqual opportunity to plac. conduit to and provide cable television service for aach lot within the aubdivision. Th. d.v.loper ahall ant.r into an a;r.ement with .11 participating Cable Companies which ahall provid., in part, that upon rec.iving written notice from the City that .aid Cabl. Company i. in violation of 'the t.rms .nd condition. of the franchise ;ranted to aaid Cable Company, or any oth.r terms an~ conditions r.iulatini aaid Cabl. Company in the City of Chula Vi.ta, .. aame may from time to tim.-be .mended, d.veloper .hall au.pend cabl. Company'. acce.. to aaid conduit until City oth.rwi.e notifies developer. Said aqreement aha1l be approv.~ by the city Attorney prior to fina1~ap .pprova1. 68. The developer .hall utilize the Pa.eo Ranchero corridor for- construction traffic unl.ss oth.rwis. approyed-by the City ~ Eniin.er. A construction traffic plan .hall be.aubmitte~ ~or r.vi.w .nd approval prior-to-approv,-.l...Rf ~I!:'rir.t_..tinal 1I;ap~ 'ia.uanc.R;._~:.iLI!:ra!!"i.Re.rmit, whic;:h.ver occurs first. RIll J - . -'l~" -rl'lf(.....~...\'r-.iifrllil.li..'.lll1f~lI~.~~j., ~J Revi.ions to said plan shall be approv.d by the City zngrn..r. - Y.es/pavml!nt. 6'. ~a .Ubj.ct property i. within the boundaries of Open Space Di.trict 120 (Zon. 7), Op.n Spac. Di.trict 110 (Pha.. II) an~ Aa....m.nt Di.trict #87-1. Prior to final map approval or other qrant of approval for any pha.. or unit th.reof, the d.v.loper ahal1 pay all co.t. a..ociat.d with: a) d.tachm.nt of sUbj.ct prop.rty from Open Spac. Di.trict #10 (Pha.. %1) I and b) r.apportionm.nt of .....sm.nt. for Op.n Spac. Di.trict #20 (Zon.7) and As....m.nt Di.trict 187-1 ...a r.sult of subdivi.ion of land. within the proj.ct boundary. , 70. The d.v.1op.r shall pay: 5/;--f/ M E M 0 RAN DUM DATE: September 23, 1994 Claudia Diamond, Diamond consulting Group TO: FROM: SUBJECT: Steve Griffin, principal Planner Resolution of Issues raised ~y Villa Palmera HOA If the following will reeolve your concerns with the trails/speed/ safety issues, please let me know as soon as possible and a letter will be prepared memorializing these points: ,#'. The recreational trail fronting Villa Palmera will consist of ~\,,0.~..... '.... ~~:ti .t,;i;~;~~t c~~:~~~~gE::~:~:te~~~~ct;il1~~P~~:iii~~:;~!:~ ".~ responsiblity for relocating irrigation necessitated by the " . f sidewalk expansion. ! ',~,;t.L' Paseo Ranchero will initially be posted for a speed limit of , 35 mph in the vicinity of East "J" street and Villa P&lmera. ~ 'v Once Paseo Ranchero is completed between east "H" street and r /,,' . ~Telgraph Canyon Road, a speed study will be conducted to " ," 'determin the appropriate speed limit for the entire length of Vehiole Code. '.l:.i.lr)..f.~" ....y' The results of the speed survey will be made available to the ~.,'f"^y Villa Palmera homeowners and presented to the safety <J,>.'.~" Commission. The Villa Palmera homeowners will kle notitied and ti':,/ invi ted to attend the Safety Commission meeting. v ,C 3. As noted at our meeting, Paseo Ranchero was never intended to . aCComodate on-street parking. On-street parking will be y/;. ' ~p.roh~bited along the entire lenghth of Paseo Ranchero. ... ..... ".~ ,> ~~_:.. <-fb :5',;2 ,/ A DIVISION OF CC& R PROPERTY INVESTMENTS, INC. 539 Telegraph Canyon Rd. Ste. # 145 Chula Vista, CA. 91910 Office: (619) 421-4121 Fax: (619)-421-5628 TO: Steve Griffin, Principal Planner Planning Department 276 Fourth Ave. Chula Vista, CA. 91910 September 28, 1994 Dear Steve, I'm glad I had the opportunity to meet with you and the other gentlemen on September 23, 1994. It's nice to be able to attach names to faces. While the meeting was somewhat productive, there are still issues which remain undiscussed and/or unresolved. I will use my letter to Mr. Nader and the City Council dated August 23, 1994 for the following formal. 1. The City may have copies of addresses in a book, however, that supplies no proof that the residents were notified. 2. The City insists that an equestrian trail was never planned through the area, however, it is so stated in Resolution 16222, Condition 12 that the developer shall be responsible for construction of an expanded 8-10' wide sidewalk/recreational pathway along the west side of Paseo Ranchero to connect the trail systems in the south leg of Rice Canyon and in the Telegraph Canyon Rd. open space area. Condition 30 of the same Resolu- tion refers to the sign program identifying the trail network in the open space areas and connecting along Paseo Ranchero and Condition 31 refers to the equestrian type fencing. Clearly the intention is for horses to travel through this area. Per our meeting (and your memo dated September 23, 1994), the City is proposing expanding the existing sidewalk by 2.5' which would enlarge it to 8'. Per the City's 'Street Design Standard Policy', 8' wide sidewalks are constructed along 4 Lane and 6 Lane Major Streets in commercial areas, n at in residential areas. Infact, the sidewalk designation for a 'Class I Collector Street' is 5.5', which is the existing condition along Paseo Ranchero. (See Condition 14. C. of Resolution 16222). At the meeting we also discussed City Health Codes with regards to 5'/J /fJ horses, but no one in attendance knew what they were. What are the health codes with regards to horses; Le., proximity to nonpublic resi- dences and the disposal of excrement? Also with regards to horses, does the city have any ordinances prohibiting horses from using concrete sidewalks that are designated as recreational pathways? At the meeting on September 23, we determined that the City will not designate or promote the sidewalks on the western side of Paseo Ranchero, (along Villa Palmera) as an equestrian trail. Will there be signs posted indicating 'no horses'? Will the horses be allowed to travel on or adjacent to Paseo Ranchero? 3. As we discussed at the meeting, and as is addressed in your memo to me dated September 23, 1994, the City will post Paseo Ranchero at 35 MPH, rather than the 'Collector I ' minimum designation of 45 MPH. Once construction of Paseo Ranchero is completed between E. "H" St. and Tele- graph Canyon Rd., a speed study will be conducted to determine the appro- priate speed limit for the entire length. Which department should the Board of Directors of Villa Palmera contact at the City and how will the City notify the Board of Directors of Villa Palmera and its residents regarding any changes to the 35 MPH? A McMillan representative just this week, indicated to me that the section from Telegraph Canyon Rd. north to the "J" St. area must be posted at 35 MPH due to the topography of the land. Discussion ensued regarding the entrance to the proposed schools along E. "J" St. and the associated speed. Whether the main entrances to the schools are located on E. "J" St. or not, speed along Paseo Ranchero in the vicinity of the schools cannot be safely posted greater than 25 MPH. To do so would be negligence on the part of the City. For example, the entrance to the Hazel Goes Cook School is on Cuyamaca Ave. and yet the posted speed limit along "L" St. in the vicinity of the school is 25 MPH. The entire expanse has a fence and the posted speed limit before and beyond the school is 35 MPH. Protecting the existing down slope residents in the Villa Palmera Com- plex along Paseo Ranchero from out of control vehicles, hoodlums or users of the recreational trail/expanded sidewalk is still an unanswered concern. It also remains a concern how the City plans to protect Circulo Verde (the private road) from public access. 4. I was told that EIRs were done for both sides of Paseo Ranchero and that infact the noise levels fall within the acceptable range of 65 dB-A. S/? ~51 The front entrances of the Villa Palmera homes face Paseo Ranchero and are in some areas within 30 feet of Paseo Ranchero. Along the east side of Paseo Ranchero (where the McMillan houses are proposed) the homes will be at least 50 feet from the road, with the backyards facing Paseo Ranchero. Additionally, walls are proposed, which further protect the homes from noise. It is pretty obvious that the existing Villa Palmera homes will suffer much more from noise pollution than the proposed McMillan homes! When asked to see a copy of the EIRs, we were told that the documentation was too thick! 5. With regards to the upcoming construction, removal of the pump station was discussed at length. The City will inform Villa Palmera when the pump station area will return to the homeowners. McMillan will be removing the pump station and they will so inform us when this will occur. As of this date, McMillan feels that the removal will not occur for about one year. The Board of Villa Palmera is currently surveying the community to see how they would like to see the area (once the pump is removed) redesignated. The results will be provided to McMillan. I was told by McMillan that there are standards with regards to noise, dirt and construction traffic during construction. We need a copy of these standards. I was also told that contruction trucks and traffic will be on Paseo Ranchero and East "J." St. in the direct vicinity of Villa Palmera. McMillan is aware that construction vehicles are unable to turn around on Paseo Ranchero and E. "J" St. as it currently exists. I have been told that should vehicles pass through the development, we can contact the City Mitigation Monitor, Marilyn Ponsengi and/or Constance Byram of McMillan. Can McMillan provide a written guarantee that this will not occur? As per my missive dated August 23, 1994, the City and McMillan are aware that our private road was recently resurfaced. A letter from McMillan guaranteeing repair if damage occurs needs to also be provided. Villa Palmera also requires a written guarantee that dirt moving will cease if wind is in excess of the reasonable standards. Lastly, what are the final map conditions? When is it going to City Coun- cil? We request a copy before it goes to City Council for the approval. I need documentation to take to the home owners which answer the ques- tions presented to Mr. Nader and the City Council on August 23, 1994, as well as those generated from our meeting of September 23, 1994. 5b - j'j I have been advised by our Management Company that all correspondence and proposed changes to existing conditions ( such as the expansion of the existing sidewalk along Pas eo Ranchero and alteration to the sidewalk, landscaping and stairs along East "J" St.) must be reviewed by our legal council prior to any commencement of work. Once reviewed and advisement is received by the Board of Directors of Villa Palmera, the homeowners must then vote on any proposed alterations, additions or any construction which will affect them. Therefore, any and all documenta- tion by The City and McMillan must be forwarded to: Curtis Management Co. 10455 Sorrento Valley Rd. Ste. 102 San Diego, CA. 92121 Altn: Christine Olivas and copies sent to Villa Palmera Home Owners Assoc. c/o 539 Telegraph Canyon Rd. Ste. 145 Chula Vista, CA. 91910 Thanking you in advance and looking forward to hearing from you. Sincerely, Claudia J. Diamond RN, BA, MPH President, Villa Palmera Home Owners Assoc. President, CC&R Property Investments, Inc. cc: Mayor Tim Nader and City Council of Chula Vista Constance Byram of McMillan Christine Olivas of Curtis Management Co. 5,b/>> ~y~ :-J'C'~ ......~............ ---- --- CllY OF CHULA VISTA PARKS AND RECREATION DEPARTMENr October 4. 1994 Claudia J. Diamond Diamond Consulting Group 539 Telegraph Canyon Road. Suite 145 Chula Vista. CA 91910 Dear Mrs. Diamond: This is a follow-up to a discussion we had about equestrian uses on puhlie trails and parks. Although the ordinance does not specify trails. it does relate to public parks. Basically. the ordinance gives the authority to the parks and recreation director to prohibit equestrian access on city park land. Please let me know if you have any questions about the city ordinances dealing with horses. Sincerely. ~:~ Director of Parks & Recreation Enclosures 3); / ~J(? 276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(6191691.5071 "'" ~ 2.66.060 Distribution or posting of handbills and other papers prohibited. It is unlawful to distribute, circulate, give away, throw or deposit in or on any of the parks or plazas any handbills, circulars, pamphlets, tracts, . dodgers , papers or advertise~nts; or to post or offer or affix to any tree, fence or structure situated within any such park or plaza any handbill s, circulars, pamphlets, tracts, dodgers. papers or advertisements. (Ord. 1557 S 1 (part), 1974: Ord. 1179 S 1 Art. 3 (part), 1969: Ord. 857 S 2(0), 1963: prior code S 21.3.2(4).) 2.66.070 Sale or solicitation for, sale of merchandise prohibited-Exceptions. It is unlawful to sell or offer for sale any merchandise, article or thing whatsoever, except by pennit of the city, or to practice, carryon, conduct or'solicit for any trade, occupation, business or profession without the written consent of the director of parks and recreation. (Ord. 1557 S 1 part), 1974: Ord. 1179 S 1 Art. 3 (part). 1969: Ord. 857 S 2(E) and (M), 1963: prior code S 21.3.2(5).) :) 2.66.080 Injuring, defacing or removing vegetation, structures or monuments prohibi ted. It is unlawful to cut, break, injure, deface or disturb any tree, shrub, plant, rock, building, fence; bench, table or other structures, apparatus or property; or to pluck, pull up, cut, take or remove any shrub, bush, plant or flower; or to mark or write upon, paint or deface in any manner, any building, monument, fence, bench or other structure. (Ord. 1557 S 1 (part), 1974: Ord. 1179 S 1 Art. 3 (part), 1969: Ord. 857 S 2(F), 1963: prior code S 21.3.2(6).) 2.66.090 Littering prohibited. A. It is unlawful to throw, leave, or deposit any bottles, tin cans, broken glass, paper rubbish, refuse or waste material of any kind in any place except in containers for such purposes maintained by the city. B. It is unlawful to have, possess or use, any cup, tumbler, jar or container made of glass and used for carrying or containing any liquid for drinking purposes, except in locations where such containers are pennitted under the terms of a lease, operating agreement or permit. (Ord. 2047 S 1, 1983: Ord. 1557 S 1 (part), 1974: Ord. 1179 S 1 Art. 3 (part), 1969:' Ord. 857 S 2(G), 1963: prior code S 21.3.2(7).) 2.66.100 Hitching of horses or parking of vehicles prohibited where. ' It is unlawful to leave or hitch any horse, or leave or park any ? '*\' ;.; '" automobile, motorcycle or other self-driven vehicle on any park or plaza ~/property, excepting at such place or places as are provided for and , ',designated as places for the leaving or hitching of horses or for the leaving : ' or parking of automobiles, motorcycles or other self-driven vehicles. (Ord. 1557 S 1 (part), 1974: Ord. 1179 S 1 Art. 3 (part), 1969: Ord. 857 S 2(H)" 1963: prior code S 21.3.2(8).) . . 100 -----~---- ------ ,- 'r>/ - m ~-- - 517 ~ 50 , 2.66.110 Cleaning or repairing of vehicles prohibited. It is unlawful to clean, wash or polish, or to make other than emergency repairs upon any automobile, motorcycle or self-driven vehicle. (Ord. 1179 ~ 1 Art. 3 (part), 1969: prior code ~ 21.3.2(91.1 2.66.120 Automobile speed limited. It is unlawful to drive an automobile, motorcycle, or other self-driven vehicle upon any park or plaza property at a speed in excess of fifteen miles per hour. (Ord. 1778 ~ 1 (part), 1977: Ord. 1179 ~ 1 Art. 3 (part), 1969: prior code ~ 21.3.2(10).1 /7 (~ --~'~~ 2.66.130 Animals, livestock and fowl prohibited-Exceptions. It is unlawful to bring, leave, turn loose or allow to go any horse, cow, ox, sheep, goat, ass, swine, dog or fowl of any kind in or upon such park or plaza; provided. however, that this section shall not apply to dogs or horses which are in special areas of parks designated and posted by the director of parks and recreation for such purposes, and so long as the regulations of the director of parks and recreation with respect to the use of such areas are complied with. (Ord. 1179 ~ 1 Art. 3 (part), 1969: prior code ~ 21.3.2(11).) "') 2.66.140 Fires prohibited-Exceptions. It is unl awful to make or ki ndl e any fi re except in pi cni c stoves or fireplaces provided for that purpose, except by pennission in writing from the director of parks and recreation. (Ord. 1557 ~ 1 (part), 1974: Ord. 1179 ~ 1 Art. 3 (part), 1969: Ord. 857 ~ 2(1), 1963: prior code ~ 21.3.2(12). " 2.66.150 Tampering with equipment, tools or materials prohibited. It is unlawful to open or close any valves or switches pertaining to the water or electric service or to move or remove from one location to another or destroy any equipment, tools, implements or materials used by the parks and recreation department; provided however, that this section shall not apply to any employee of the parks and recreation department while in the perfonnance of hi s duti es. (Ord. 1557 ~ 1 (part I, 1974: Ord. 1179 ~ 1 Art. 3 (part), 1969: 'Ord. 857 ~ 2(J), 1963: prior code S 21.3.2(13).) 2.66.160 Birds and animals-Catching, wounding or killing prohibited. It is unlawful to wound, kill or catch or to attempt to wound, kill or catch any bird or other animal except on the direction of the city. (Ord. 1557 S 1 (part), 1974: Ord. 1179 S 1 Art. 3 Cpartl,.1969: Ord. 857 S 2(K), 1963: prior code S 21.3.2(14).) " ') 2.66.170 Birds and animals-Poisoning prohibited. It is unlawful to give or offer to any animal or bird, any tobacco, alcohol or other known noxious substances. COrd. 1179 S 1 Art. 3 (part), 1969: prior code ~ 21.3.2(15).) 32-S; .; 101 A DMSION OF CC& R PROPERTY INVESTMENTS INC 539 Telegrnph Canyon Rd. Ste. # 145 Chula Vista, CA. 91910 Office, (619) 421-4121 Fax. (619)-421-5628 r /LJ~dC 6fC1 . / " . r- '('I.. /:3--.('--2/C ~.J/ 1-5:~/ Y /?:}1 . '-;J1 ?1-;I::jdL , ! /i .--r ~___ec./'---t": /r ~(/~ (,- ;,; /L-.1' / I' ,"--..-' ~~~. ;f , I (I '---ct-C-I:-A /c.</ ~_ - ./ ) -;lz l]I~' " r'--.. ~ ,-, -/ "'''-tU;i{ ~'!_ ~ / J C.; j L:..d-,/I /'1 ); ./ /A'-' L//L.---"""""'-' Vl_- ,-___f :~~__;:.,...\.... , __.r-'~ \... _~J;_~ ..-.0;.:2......- t {'- ,.' - ! .i/2-.- .>y~ --- /-7 .. ". _ ." f.,"" -"'.i /? ,j-'--~U /f -, 6-1' I / f /1...._/'. ....._j<....C..t..../.;::.. -" '. L;..-- ------~ '....... . /: ',- -7 )O)i:1 ( } I . -,i._ {,_,_; ~:7J- ,j .. ~.L--c - ' u;1J~?l.L....C ..1 ,'- I /';- " . " I ~ / ';";;"--L1 . '/ / c --n . ~ /)(j.. ('I\.... (-.L-~/' .. / /L--C /(L-C2--' ~...... //{{j;..../-<- '-:-..-/ / ,I, ( / ~C ~~-- /1 t!~/ ~'?(' // ~ '-; . ,-,'" .A /L.c;;,"'\.. '-- / /~c...<::/L / '/ --/z.. ,t, <_ t-~/:r<_.;c--- // ,~.. / /) // // / l~I--:A~L.c~_c f--C~-<~- ~ ~/~-(__/-<'::_c:/ ;:rv~'~' _..-;A~j':-,,0( o,.,~ :j U >>/t/tl ---.,/"',( ," ,,1--; / / -'___...:___<--_/ '--'" '.- /' G '/ / / i., ~. ..' CL-Lc2-(....... (cGf:...--fZ'l. c.lC(..c-( (;?/-1,___. _ ..L c\ -,. L , I , c.- (c'" 'c 2. '\ ) .:z:::::/"L.e'----t::"" /U -C---L -' "<-- ~-::2_/ .:-<--t:<.. ~?~ / . ,;::L...c.-=- CrG.-C..-J.---c:1.-<:..S:;;( ," / / UJC~7 ju ./,:.o---(V~vr- /7u'-.. ']-,'>--/ /-L--', ~/r""V ~ , ..-/-'. ......-.-, '~'-"""-<:,~.. / " '-------- I,,,) ~~ ' ,ffl' '-' .r - ~: /- [,' , // ~:J_/.A:".<JU.J_' ~~~ ~ ~~~~ C1lY OF CHULA VISTA PLANNING DEPARTMENT November 4, 1994 Claudia Diamond President, villa Palmera Homeowners Association 539 Telegraph Canyon Road, Ste. 145 Chula Vista, CA 91910 Dear Ms. Diamond: Following are responses to the items listed in your letter of september 28, 1994 (attached hereto): 1. The copies of the mailing labels contained in our files for the Rancho del Rey (RdR) III sectional Planning Area Plan ~ (PCM-90-06) and Tentative Subdivision Map (PCS-90-02) reflect that notices were mailed to all of the Villa Palmera '.' ~~" omeowners and the management company for the HOA at least 10 ."lH~. . days prior to each of the public hearings associated with each "f:I/~; phase of the project. I would be glad to review these records '.:.....~ .'1.," with you in detail at your convenience. yw- since the city does not use certified or registered mail for I" public hearing notices, we have no direct information confirming that the notices were received, only that they were mailed. However, we were not made aware of any irregularities in the noticing procedures during the hearing process, which sometimes occurs if there is a problem with mail delivery. 2. The 8-10 ft. wide sidewalk/recreational pathway called for in Tentative Map Resolution 16222, attached hereto, is intended as a pedestrian trail/pathway to accommodate pedestrians only, J' '\ i. e., walkers and joggers. The present proposal to expand the f J} ,( sidewalk fronting Villa palmera from the standard 5.5 ft. A;, 'J ')width to an 8 ft. width is intended to facilitate the trail in 'A"})./ /a manner which is not disruptive to Villa Palmera residents. As stated previously, the trail/sidewalk is not intended to accommodate equestrian use, nor could a sidewalk be used for this purpose. Section 10.28.050 of the Chula vista Municipal Code prohibits the use of sidewalks for horses (please see attached CVMC 10.28.050). According to the Police Department, ) horses cannot be prohibited from using public streets in accordance with California Vehicle Code Section 21050, also · attached hereto. But again, there is no intention to . u designate, encourage or facilitate equestrian use of pase~ fU \\ Ranchero. '/'0 ~ J >>-- tt; 276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/1619) 691-5~01 It is our understanding that you were going to meet with the villa palmera homeowners regarding the proposal to widen the sidewalk by 2.5 ft. and get back to us with their reaction and further discussions if necessary. 3. with respect to the issue of speed limits, school posting and road protection, please see the attached memos from Harold Rosenberg, City Traffic Engineer, dated October 20, 1994, and from William ullrich, senior civil Engineer, dated October 25, 1994. It was previously stated that Paseo Ranchero would be posted for a speed limit of 35 M.P.H. for an interim period prior to completion of the street and the necessary studies to establish a permanent speed limit consistent with state law and safe operating conditions. After further review, the city Traffic Engineer reports that the most appropriate posting based upon roadway design would appear to be 40 M.P.H. and that it would be inadvisable to post any speed limit now which might have to be increased at a later date based upon detail studies. The city Traffic Engineer should be contacted regarding posted speed limits or any other issue related to traffic control. The city Traffic Engineer will also assume the responsibility for notifying villa Palmera homeowners as well as the management company for the HOA, regarding any proposal to establish or change the posted speed limit along Paseo Ranchero. 4. The Environmental Review Coordinator, Mr. Doug Reid, will be glad to review with you in detail the applicable Environmental Impact Reports for the RdR III sectional Planning Area Plan (EIR-89-10) and the General Plan Update (EIR-88-02); the latter document being the one which reviews the potential noise impacts from the city's major and collector street network. Mr. Reid can be contacted at 691-5104. As noted, the latest documentation on traffic noise impacts comes from EIR-88-2. This document shows that the 65 CNEL (Community Noise Level Equivalent) contour, which is the acceptable standard for exterior residential noise levels, falls 39 ft from the centerline of Paseo Ranchero. Since the right-of-way for Paseo Ranchero is 94 ft., the 65 CNEL would occur wi thin the right-of-way, some 35 ft. from the homes within villa Palmera which front upon Paseo Ranchero. The figures indicate that these homes fall within the 60 CNEL contour, which is 5 CNEL below the acceptable level. 5;}:> ~ j.2 CITY OF CHULA VISTA Furthermore, the residential setbacks and community walls proposed for the RdR III homes which will back onto the east side of Paseo Ranchero were not required for noise attenuation. As noted above, the 65 CNEL contour falls within the Paseo Ranchero right-of-way, and thus the properties on either side of the street do not require extraordinary measures to attenuate exterior noise levels. 5. Please see the attached letter from Mr. Thom Fuller, Vice President for McMillin Project Services, regarding their intentions with respect to construction activities in and around Villa palmera. As noted in Mr. Fuller's letter, construction activities will be governed by City Ordinances and State laws regulating excavation and grading activities, a summary of which are listed on the Land Development Permit. This permit also includes a certification that the applicant has read and will comply with said ordinances and laws (please see attached for a copy of the permit). Mr. Fuller has further stated in his letter that McMillin will direct their contractors to avoid any incidental use of Villa Palmera streets, and will post a sign at each of the two project entrances reading "No Rancho del Rey Construction Traffic Permitted". The Inspection section of the Engineering Division at 422-0636, or Ms. Constance Byram of McMillin at 477-4117, may be contacted regarding any violations or concerns related to construction traffic or activities in and around Villa Palmera. You requested information relative to when the final map will be before city Council for approval and what are the final map conditions. The developer is processing what is known as a "Master Final Map" (MFM) which creates large lots requiring further subdivision (super-block parcels). Resolution 16222 contains the conditions of approval which must be met before final map approval. Not all conditions of approval are required to be met with each final map. Some conditions only pertain to specific areas within the tentative map area. The MFM will be the first map to go before city Council for approval. Condition 74 of Resolution 16222 addressed this map and indicates the intent of the City relative to what was necessary prior to finaling a MFM. The City Engineer has required plans and surety for all of the backbone streets in order to assure access and utilities to all of the lots being created. The MFM does not include any individual lots therefore said map is not considered the first final map as indiacted in some conditions of approval. The MFM is tentatively scheduled for november 22,1994. Subsequent final maps for the super-block parcels created by the MFM are currently in process and are expected to be considered by the city Council in mid-December or early January. 5p / t. ] CITY OF CHULA VISTA /) .~...v)'.' -/1 \ ~y' J'~< '."'/ I ~' \ i . The Master Final Map is tentatively scheduled for City Council consideration on November 22, 1994. The Villa Palmera homeowners, HOA management company and anyone else requesting notification will receive notice of this and any subsequent RdR III final map. sincerely, ~ steve Griffin Principal Planner SG:mw cc: sid Morris, Assistant City Manager Bob Leiter, Director of Planning John Lippitt, Director of Public Works Jess Valenzula, Director of Parks & Recreation Cliff Swanson, City Engineer Bill Ullrich, senior civil Engineer Hal Rosenberg, city Traffic Engineer Doug Reid, Environmental Review Coordinator Curtis Management Company, 10455 Sorrento Valley road, Ste. 102, San Diego, CA 92121, Attn: Christine Olivas Villa Palmera Homeowners Association, c/o 539 Telegraph Canyon Road, Ste. 145, Chula Vista, CA 91910 Thom Fuller, Vice-Present McMillin Company, 2727 Hoover Avenue, National City, CA 91950 Constance Byram, Community Relations, McMillin Company, 2727 Hoover Avenue, National City, CA 91950 Attachments Letter from Claudia Diamond dated September 28, 1994. RdR III Tentative Subdivision Map Resolution No. 16222. Copy of CVMC 10.28.050. Copy of California Vehicle Code Section 21050. Memo from Harold Rosenberg, City Traffic Engineer, dated October 20, 1994. 5f .-J1;I CITY OF CHULA VISTA Memo from William Ullrich, Senior civil Engineer, dated October 25, 1994. Letter from Thom Fuller, McMillin Company, dated October 21, 1994. Copy of Land Development Permit Application. M:\home\planning\claudla.Dia 5J; -i5 CITY OF CHULA VISTA M~MQRldi!2YM L"~ -,- , I",. t ''... i ~, October 20, 1994 File: PC-989 FROM: Stephen Griffin, Principal Planner Cliff Swanson, Deputy Public Works Director/City EngineerJ); ~ ttf2- [tfr Harold Rosenberg, Traffic Engineer TO: VIA: ,~ ,y , lL~ q\, "~ Subsequent to our discussion in the meeting held to consider the impact of th~~' , ,r, / development along Paseo Ranchero, we have reviewed the roadway design speed in the ' area of Paseo Ranchero and East "J" Street. Based on the roadway design, it appears I, that the most appropriate speed for posting would be 40 M.P.H. However, our standard I'; hfl:Jr~ procedures are to not post a limit until after the road is opened to traffic and~: 1. speed survey can be completed. Once that is completed, all factors which affect the? 1.9 establishing of the speed limit on Paseo Ranchero will be considered and the most ~, appropriate speed limit will then be established and posted. The California speed trap.,;J I- law requires Engineering/Traffic Survey be performed to determine what the most~ ,./,1".' {, \appropriate speed limit is for prevailing conditions. S~ff ~h~, t,1\ An Engineering/Traffic Survey takes into account design characteristics of the roadway <;r" .~ including design geometrics such as vertical and horizontal curves, accident rates, " Jt;U special conditions such as schools, parks and other factors, and most importantly, the. Alt~ '~v:""" .~, 85th percentile speed. California Law bases the posting of speed limits on the \4'V' \ .' . i.~sumption that motorists on the roadway will drive at or below a speed that they If },- I.f.e .,iff feel to be safe and appropriate for roadway conditions. We do not believe it is ,Y J~' X(I"" I F advisable to post a lower limit now that might have to be increased later. /f/~ C '. ' ~I'. A lower posted speed limit than that determined by the Engineering/Traffic Survey, is to., ' considered a "Speed Trap" is therefore not legally enforceable by the Police 'Tic' Department and is not defensible in the courts. An artificially low speed limit can also pose a real problem in maintaining a safe operation of the street. In the Engineering/Traffic Survey, unusual conditions are considered to be roadway conditions that are not readily apparent to the motorists and are taken into account when establishing the most appropriate speed limit. SUBJECf: Proposed Speed Limit on Paseo Ranchero The City will install the necessary school signs for the proposed Elementary School site at the intersection of East "J" Street and Paseo Ranchero once constrUction for the school nears completion. At that time, we will be posting the appropriate "School" series signs (Speed Limit / 25 M.P.H. / When Children Are Present) in advance of the school boundaries facing northbound and southbound traffic. In order to be effective, the overall speed limit also needs to be posted. \..i'~' /,lv- lM !)~~.0 7 U !' ,. '7r" /" I hope this information will help you resolve any questions regarding this issue. If you have any question about this information or any other traffic related matters, please feel free to call me at 691-5237. ~~b ~l~ (C:\DENNIS\RANOHERO.DOC) ~~,- . MEMO FROM WILLIAM ULLRICH, SENIOR CIVIL ENGINEER DATED OCTOBER 25, 1994 >>~tl , ~ TO: VIA: FROM: October 25, 1994 File: PC-989 Stephen Griffin, Principal Planner we! Clifford L. Swanson, Deputy Director of Public City Engineer William A. Ullrich, Senior Civil EngineervJ~ SUBJECT: Response to Claudia Diamond, Villa Palmera HOA This is in response to a portion of items 3 and 5 of Ms. Diamond's letter dated September 28,1994. The majority of Engineering's response to item 3 was contained in a previous memo from Hal Rosenberg. The response to item 5 will be relative to Engineering aspects only. ITEM 3 Relative to protecting Villa Palmera residents from out of control vehicles. \ I\/~ XI)'; \, i1'vll'" . 'i) '"\ .---- Only the northerly portion of Paseo Ranchero adjacent to the Villa palmera has a curve. That curve has a centerline radius of 2010 feet. The remainder of the street is straight. Staff considers this segment of Pas eo Ranchero a location where there is a low potential for a vehicle running off the road. The 2010 foot radius curve at the northern segment of Pas eo Ranchero adjacent to Villa Palmera can accommodate a speed of 55 miles per hour (MPH) comfortably (State Highway Manual Fig. 203.2). Since the speed limit will be 35-40 MPH, the curve will not create circumstances which would lead to vehicles leaving the road. The nearest unit is approXimatel~ ' ~.,.l"'~ 30 feet from the curb. The possibility of a vehicle leavingJ"."""I(LD:' the roadway and striking a. building is consi~ered extremel ~ ~.,tt~ low because of the road alJ..gnment and geometrJ..cs. ' f0/~'-' The CALTRANS Traffic Manual indicates that guardrails may be ~vy~~ ' necessary on the outside of curves having a radius of 1000 '. feet or less. Since the curve radius is 2010 feet, guardrails,' are not warranted based upon the curve radius. The manual also indicates that a guardrail is more severe to hit than going over a slope when the height of a 2 to 1 slope is 12 feet or lower and when there is a high potential for cars running off \ the road. Placement of a guardrail in this location would be , more hazardous to the occupants of the vehicle than going over I.~ L; f I the bank because the maximum height of 2 to 1 slope within ~~~. ~-./ Villa palmera is approximately 8 feet. , ' ( ! lQof.! ~ - t Y ~,Ut:." '":';, \J~1~~ 4,}J"1J'.J Stephen Griffin 2 Villa Palmera Row is the City going to protect the private road Circulo Verde from public use? ,'.tnhe City does not attempt to keep the public from using ~ private streets other than to have the drives indicated as /1.'J!IfJJ.' CIPri vate . Private streets are not as wide as public streets , I r', ~." and therefore give the appearance that use is limited to . ~ residents of the area. Use of such streets by the general ,tPll;'''' public is usually by those visiting homeowners who live in the , ,-' ,0 complex. Occasionally, someone might get lost and '~Jv accidentally use such a street, but that situation should be v 'I' very limited. 'u-l X' I believe that this question is directed at the short term construction traffic which might be required to turn around or might travel through the private road in lieu of turning around before Pas eo Ranchero is connected to East "R" Street. If this problem develops during construction, the homeowners should conta~~ the developer and the City. City personnel would therr:ftte:mpj:.' to control that type of activity through ---"the develo1l'eL ,,-nn contractor. The only City control over this \ r"/L-' type of activity would be to shut down construction until the)~ activity ceased. / Staff does not anticipate this to be a major problem in that the road will not take long to get a rough street through to East "R" Street. Consequently, there should be little or no need or desire to use that private street. ITEM 5 The master final map is anticipated to be before Council in mid- November. That final map will create super block type lots that will require a future final map to develop the parcels. This being the case, the majority of the conditions of approval do not apply to the master final map. Condition number 74 of the tentative map addresses this master map. The only requirement for this map was to provide plans and surety for the backbone streets which provide access to the parcels being created. The developer has also been processing other maps which are anticipated to be before Council in mid-December or early January. M:\HOMB\ENGINBBR\PBRMITS\VILLAPAL.WAU 5J - i 7 LETTER FROM THOM FULLER, MCMILLIN COMPANY DATED OCTOBER 21, 1994 56- /0 October 21, 1994 i-I,'.... -- , - ....' ; Mr. Steve Griffin, Principal Planner City of Chula Vista Planning Department 276 Fourth Avenue Chula Vista, California 91910 Subject: Response to Claudia Diamond's Concerns Your Memorandum of October 10, 1994 Dear Steve: As you requested in your memo, we are responding to Item 5 of a letter to you from Claudia Diamond, Diamond Consulting Group, relaying her concerns as a neighbor to our Rancho Del Rey SPA ill project. The first paragraph of Item 5 describes our discussions regarding the removal of the temporary sewage pumping station which serves the Villa Palmera project. Rancho Del Rey is required, as a condition of approval of the Tentative Map for SPA ill, to remove the sewage pumping station from service. City staff has asked us to contact the Villa Palmera Home Owners Association to determine if the Association wishes to have the concrete slab and surrounding wall demolished and removed or left as-is when the station is removed. Once the station is removed, the City will quitclaim its easement. The Association owns the underlying fee ownership. Our current schedule for the gravity sewer which will make possible the removal of the station shows completion in the fourth quarter of 1995. It is conceivable that the work will not be completed until mid-1996. , ! The second paragraph ofItem 5 discusses standards for noise, dirt and construction traffic .~ , during construction. We have told Ms. Diamond that we will be governed by the land' development general conditions of our land development pennit. A blank copy of an Application for Land Development Pennit is enclosed for information. The general conditions are printed on the reverse side of the Application. I With regards to construction traffic, our project is conditioned to use the Paseo Ranchero corridor southerly from East "H" Street as the primary construction access. We have been clear in discussion with Ms. Diamond that construction traffic will need to use Paseo Ranchero and East "J" Street because portions of our project are only accessible through use of those streets. Other than for work associated with the removal of the sewage pumping station, there is no reason for project construction traffic to use the Villa Palmera private streets. m >>--7/ We will include direction to the contractors at each pre-construction meeting to avoid any incidental use of the Villa Palmera private streets. We will post a sign at each of the two entrances to Villa Palmera reading "No Rancho Del Rey Construction Traffic Permitted". The City-directed Mitigation Monitor, Marilyn Ponsegi will be monitoring construction traffic access as part of the approved Mitigation Monitoring Program. Constance Byram, from our Community Relations Department will be available to address complaints. ( i" , I: I' . \....-~ I..t ' : We believe we understand Ms. Diamond's concerns. We also believe that her concerns are best dealt with through the existing City ordinances and permit processes, including Construction Inspection and the Mitigation Monitoring Program. Rancho Del Rey will comply with City ordinances, permit conditions, inspection procedures and monitoring programs. .~ ,/ ~. .) __~1 {r., .'\ ; - I! :, If you require additional information, Steve, please do not hesitate to call me at 477-4170, extension 443. Very Truly Yours, Rancho Del Rey Investors, L.P. ~61~ Thorn Fuller Vice President, McMillin Project Services, Inc, cc, McMillin Project Services, Inc. Ken Baumgartner Craig Fukuyama Constance Byram Ken Screeton ill ~ - ?c:2 LAND DEVELOPMENT GENERAL CONDITIONS THE OWNER, AS PERMITTEE, IS RESPONSIBLE FOR ALL THE FOLLOWING REGARDLESS OF WHETHER THE WORK IS DONE BY HIM, HIS ENGINEER, OR HIS CONTRACTOR. ~ORK AUTHORIZED: ISSUANCE OF A LAND DEVELOPMENT PERMIT CONSTITUTES AUTHORIZATION TO DO ONLY THAT WORK WHICH IS SPECIFIED AND APPROVED BY SUCH PERMIT. TI\llE LIMITS. THE PERMITTEE SHALL COMPLETE ALL OF THE WORK DESCRIBED WITHIN THE LAND DEVELOPMENT PERMIT WITHIN THE TIME LIMIT SPECIFIED IN SUCH PERMIT, IF NO TIME LIMIT IS SPECIFIED, WORK SHALL BE COMPLETED WITHIN 180 DAYS AFTER THE DATE OF ISSUANCE OF THE LAND DEVELOPMENT PERMIT, IF THE PERMITTEE IS UNABLE TO COMPLETE THE WORK WITHIN THE PRESCRIBED TIME, HE SHALL PRIOR TO EXPIRATION OF THE PERMIT, PRESENT A WRITTEN REQUEST FOR AN EXTENSION OF TIME SETTING FORTH THE REASONS FOR SUCH REQUEST. ,-STORM DAMAGE PRECAUTIONS: I ~ DURING THE PROGRESS OF LAND DEVELOPMENT OPERATIONS THE PERMITTEE SHALL TAKE ALL SA'fETY PRECAUTIONS REASONABLY NECESSARY TO PROTECT ADJACENT PROPERTY FROM DAMAGE DUE TO EROSION, FLOODING, SILTING OR OTHER STORM RELATED HAZARDS WHICH ARE A CONSEQUENCE OF HIS OPERATION. UST CONTROL i THE PERMITTEE SHALL PROVIDE ADEQUATE DUST CONTROL MEASURES BY WATERING OR OTHER MEANS '\ ACCEPTABLE TO THE CITY ENGINEER. DUST CONTROL MEASURES SHALL BE APPLIED ATTHE CUT SITE, THE FILL SITE AND/OR MATERIAL IN TRANSIT AS MAY BE NECESSARY. ( , NOISE: THE PERMITTEE SHALL CONFORM TO THE REQUIREMENTS OF SECTION 17,24,050 OF THE CITY CODE WHICH LIMITS THE GENERATION OF NOISE BETWEEN THE HOURS OF 10:00 P.M. AND 7:00 A.M. RESPONSIBILITY OF PERMITTEE.PROTECTION OF UTILITIES: DURING LAND DEVELOPMENT OPERATIONS THE PERMITTEE SHALL BE RESPONSIBLE FOR THE PREVENTION OF DAMAGE TO ANY PUBLIC UTILITIES OR SERVICES. THIS RESPONSIBILITY APPLIES TO THE SITE OF THE LAND DEVELOPMENT AND ALONG ANY ROUTES OF TRAVEL OF ANY EQUIPMENT PERFORMING THE LAND DEVELOPMENT. RESPONSIBILITY OF PERMITTEE.PAOTECTION OF ADJACENT PROPERTY: / NOTWITHSTANDING MINIMUM STANDARDS SET FORTH IN THE LAND DEVELOPMENT ORDINANCE OR THE i CONDITIONS OR ISSUANCE OF A LAND DEVELOPMENT PERMIT ISSUED THEREUNDER, THE PERMITTEE IS (RESPONSIBLE FOR THE PREVENTION OF DAMAGE TO ADJACENT PROPERTY AND SHALL NOT EXCAVATE ON LAND \ SO CLOSE TO THE PROPERTY LINE AS TO ENDANGER ANY ADJOINING PUBLIC OR PRIVATE PROPERTY WITHOUT SUPPORTING AND PROTECTING SUCH PROPERTY FROM SETTLING, CRACKING, OR OTHER DAMAGE WHICH MIGHT RESULT. MODIFICATION OF APPROVED PLANS: ALL MODIFICATIONS OF AN APPROVED LAND DEVELOPMENT PLAN MUST BE IN WRITING AND BE APPROVED BY ,HE CITY ENGINEER. COMPLETION OF WOAK-NOTIFICATION AND CERTIFICATION: THE PERMITTEE SHALL NOTIFY THE CITY ENGINEER WHEN THE LAND DEVELOPMENT OPERATION IS READY FOR FINAL INSPECTION FINAL APPROVAL SHALL NOT BE GIVEN UNTIL ALL WORK INCLUDING INSTALLATION OF ALL DRAINAGE STRUCTURES AND FACILITIES, AND ALL PROTECTIVE DEVICES HAVE BEEN COMPLETED AND ANY REOUIRED PLANTING ESTABLISHED, AND ANY REQUIRED CERTIFICATIONS, AS-BUILT PLANS, AND/OR REPORTS HAVE BEEN SUBMITTED THE CITY ENGINEER MAY, UPON REQUEST, CERTIFY THE COMPLETION OF WORK IN ""CCORD WITH THE PERMIT ISSUED PURSUANT TO THE LAND DEVELOPMENT ORDINANCE, BUILDING PERMIT- ,HE ROUGH GRADING PHASE OF THE LAND DEVELOPMENT WORK DESCRIBED ON FORM PW-E-106 B SHALL BE CO~\PLE'EO BEFORE A BUILDING PERMIT CAN BE ISSUED, fj;--l3 ,u:.>u((j I Hm "'u. .'lOln .,,- . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA A VISTA APPROVING THE TENTATIVE SUBDIVISION MAP rOR RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) III, CHULA VISTA ~~t' ~l TRACT 90-02 r.c /'~- ,u (;.. - //J,r;:r. WHEREAS, a duly verified application for a tentative subdivision map wa$#I~'~ filed with the Planning Department of the City of Chula Vista on November 8, 1989' ". by Rancho del Rey Partnership; and, ~~~l/ WHEREAS, said application requested the subdivision of approximately 405'/~ acres into residential lots, open space areas, a school lot, park and community ~' purpose facility lot; and, WHEREAS, the Planning Commission held an advertised public hearing on said project on May 8, 1991, and continued to May 22, 1991; and, WHEREAS, the City Council set the time and place for a hearing on said tentative subdivision map application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 300 feet of the exterior boundaries of the property at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m., June 18, 1991, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter ~losed; and, .... WHEREAS, the City Council recertified EIR-89-10, with Statement of Overriding Considerations, and associated Mitigation Monitoring Program for Rancho del Rey SPA III. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL finds as follows: Pursuant to Section 66473.5 of the Subdivision Map Act, the tentative subdivision map for Rancho del Rey Sectional Planning Area (SPA) III, Chula Vista Tract no. 90-02, is found to be in conformance with the various elements of the Ci ty I S General Pl an based on the following: 1. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. 2. The design of the subdivision will not affect the existing lmprovements -- streets, sewers, etc.-- which have been designed to avoid any serious problems. Sf - 7( Resolution No. 16222 Page 2 3. The project is in substantial conformance with the Chula Vista General Plan Element as follows: A. Land Use _ The project is consistent with the General Plan, El Rancho del Rey Specific Plan and the SPA III Plan which designates the property PC -Planned Community, with a variety of land uses and residential densities. B. Circulation - All of the on-site and off-site public streets required to serve the subdivision are consistent with the circulation element of Chula Vista General Plan and the circulation proposed within the El Rancho del Rey Specific Plan. Those facilities will either be constructed or in-lieu fees paid in accordance with the Rancho del Rey SPA III Public Facilities Financing Plan. C. Housing - A low and moderate housing program with an established goal of 5% low and 5% moderate will be implemented subject to the approval of the City's Housing Coordinator. Computation of the satisfaction of this condition will include the entire El Rancho del Rey Specific Planning Area. D. Conservation and Open Space - The project provides 148.3 acres of open space, 36% of the total 404.9 acres. Grading has been limited on hillsides and grading plan approval will require the revegetation of slopes in natural vegetation. Approval of EIR-89-10 included the adoption of a mitigation monitoring program out 1 i ni ng the mi ti gati on measures requi red for project impacts on geology, soils, biology, air, water, cultural resources, land form, transportation and utility sources. E. Parks and Recreation - The project will be responsible for the improvement of the 10 acre net neighborhood park and payment of PAD fees or additional improvements as approved by the Director Parks and Recreation. In addition, a trail system y,.:..L' will be implemented through the south 1 eg of Ri ce Canyon, ~ connecting with other open space areas. F. Seismic Safety - The Rancho del Rey site is crossed by the La Nacion Fault Zone which has one prominent fault, running north to south, with other potential traces. The mitigation monitoring program adopted with EIR-89-10 provides for measures to be taken to mitigate the impacts of development in association with the fault zone. G. Safety - The site will be within the threshold response times for fire and police services. The project will increase the need for additional personnel, however, the City is planning ~/; -7~ Resolution No. 16222 Page 3 to meet that need with additional revenues provided by this project. H. Public Facilities Element - This project is obligated in the conditions of approval to provide all on-site and off-site facilities necessary to serve this project. In addition to that, there are other regional facilities which this project ( together with SPAs I and II) is contributing to, including a public library site, fire station site, and fire training facility site. The subdivision is also contributing to the Otay Water Di stri ct I s improvement requi rements to provi de terminal water storage for this project as well as other major projects in the eastern territories. I. Noise - The units will be required to meet the standards of the UBC with regard to acceptable interior noise levels. J. Scenic Highway - The project does not affect this element of the General Plan. K. Bicycle Routes - Bicycle paths are provided along Telegraph Canyon Road, East "H" Street and Paseo Ranchero Road as shown in the Circulation Element. L. Public Buildings - No public buildings are planned for the site. The project shall,be subject to RCT and DIF fees. 4. Pursuant to Section 66412.2 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. The development will provide for a variety of housing types from single family detached homes to attached single family and senior housing. In addition, the addressment to providing a percentage of low and moderate priced housing is in keeping with regional goals. 5. The configuration, orientation and topography of the site partially allows for the optimum siting of lots for passive or natural heating and cooling opportunities. BE IT FURTHER RESOLVED THAT THE TENTATIVE SUBDIVISION MAP for Rancho del Rey SPA III, Chula Vista Tract 90-02, is approved subject to the following conditions: >>/ ?f Resolution No. 16222 Page 4 General/Preliminarv 1. The Public Facilities Financing Plan shall be followed with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. In addition, the sequence in which improvements are constructed shall correspond to any future East Chula Vista Transportation Phasing Plan adopted by the City. The City Engineer and Planning Director may at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 2. All mitigation necessary to avoid significant effects itemized in the Mitigation Monitoring Program for Environmental Impact Report EIR-89-10 as required prior to Final Map approval, are hereby incorporated as conditions of approval. The Director of Planning may modify the sequence of mitigation at his discretion should changes warrant such a revision. 3. The developer shall comply with the Community Purpose Facility Ordinance. The areas proposed to show comp 1 i ance with sai d ordi nance shall be provided prior to approval of the first final map. Areas of consideration for qualification must be within the areas of SPAs I, II or III. Amendment to the El Rancho del Rey Specific Plan and Sectional Plan Areas may be necessary to accomplish compliance. 4. Prior to final map approval for Phase I, a Precise Plan shall be approved by the City Council detailing the development of the Specialty Housing project. The precise plan shall include but is not limited to: detailing the density of the various portions of the projecti identifying the amount of recreational and open space facilitiesi detailing the financial arrangements available to proposed tenantsi identifying the age limits and any income requirements of tenantsi and showing the percent of the project for sale or rent. Streets. RiQhts-of-Wav and Imorovements 5. Prior to any final map approval for Phase 2 or 3 or any unit thereof, the developer shall obtain all necessary right-of-way for the construction of the unimproved off site portion of East "J" Street west of Paseo Ladera, from River Ash Drive to Red Oak Place. 6. The developer shall construct the unimproved off site portion of East "J" Street west of Paseo Ladera, from River Ash Drive to Red Oak Place, to a Cl ass II Collector Standard, except that the 5 foot si dewal k may be asphalt concrete instead of portland cement concrete. The construction of these improvements shall be guaranteed prior to final map approval for Phases 2 or 3 or any uni t thereof. The subdi vi der may request the formation of a reimbursement district for these off-site improvements in accordance with section 1?50 of the Municipal Code. ."f{i 5P" 77 7. 8. 9. 10. 11. 12. ~'}- -' Resolution No. 16222 Page 5 13. The developer shall request the vacati on of that porti on of Paseo Marguerita as necessary to accomplish the design as shown on the tentative map. Said vacation shall be accomplished prior to the approval of the final map for Phase 2, Unit 3. The off site portion of East "J" Street adjacent to Buena Vista Way shall be granted in fee to the City for Open Space, public utilities and other pub 1 i c uses. The grant of thi s property shall be comp1 eted pri or to approval of a final map for Phase 3, Unit 3. The developer shall enter into an agreement to not oppose the inclusion of this property in Open Space District # 20 (Zone 7) prior to approval of any final map for Rancho de 1 Rey SPA II 1. The developer shall be responsi b 1 e for the costs associated with annexing this property to Open Space District * 20. The developer shall be responsible for the construction of off site improvements at the westerly end of Paseo del Norte in the Casa del Rey subdivision. The construction of these improvements shall be guaranteed prior to approval of the final map for Phase 2, Unit 2. A cash deposit was previously deposited with the City to pay the cost of this work. The amount deposited is available to the developer for construction of these improvements. Prior to final map approval for Phase I, the developer shall dedicate additional right-of-way along the frontage of the property on East "H" Street to provide a 20 foot parkway (existing curb1ine to property line). The developer shall be responsibJe for construction of a sidewalk/recreational pathway along the entire frontage of subject property on East "H" Street from Paseo Ranchero westerly to Paseo del Rey to the satisfaction of the City Engineer, Director of Planning and the Director of Parks and Recreation. The construction of these improvements shall be guaranteed prior to final map approval for Phase 1. The developer shall be responsible for construction of an expanded 8 to 10 foot wide sidewalk/recreational pathway along the western side of Paseo Ranchero, to connect the trail systems in th~~oM1b~~~ of RiC~_C~ny9_Q.~n~D" in the Telegraph C.~.l1Y~n_RQi!d._QRe'LSp~Ce_!l.r:.eil.._. These improvements shall be " iiistalleaTilconjunction with the construction phases of Paseo Ranchero :f,:u specified in the Public Facilities Financing Plan. ~ (,J~:;; 'lU~ The developer shall be responsible for the construction of wider sidewalks /' at transit stops, subject to the approval of the City Engineer. 14. ll.~ FI,ial d!.ngn ll'l"n!!:c'RB!\~I.l. a~'.R'fI""- liJht..4Mt.wide landscape easement buffers as required by the Street Design Standards or be adjoined by an open space lot at least eight feet wide with slopes no greater than 5:1, e e tin. . .,;jjj:.t_re the final design shall be subject fj; / ?y Resolution No. 16222 Page 6 B. ;kc. ..- ! \, to the approval of the Planning Director, Landscape Architect and City Engineer: A. Adjacent to the lots fronting on Cabo Calabazo, Calle Candelero and Punto Hiraleste where a special slope and retaining wall design will be implemented; Along the Junior High School site; V-~;;;'~~r_. r~ Vil1~s a~d'\4n"Mt'lIfr.iP;"-"'" ~ ..-........ii,U",Ii,...,~ JJlI .IM t Adjacent to the out-parcel owned by the Chula Vista School District. D. 15. The final design of East "J" Street shall include 5.5 foot wide landscape easement buffers as required by the Street Design Standards or be adjoined by an open space lot at least 5.5 feet wide with 5:1 maximum side slopes, except in the following locations where the final design shall be subject to the approval of the Planning Director, Landscape Architect and City Engineer: A. Along the park site; B. Along the two corner lots at the intersection of East "J" Street and Camino Hiel (lots 82 and 97 of Phase 2, Unit 1) and the southeast corner lot of East "J" Street and Cabo Capote (lot 85 of Phase 2, Unit 2); 16. 17. \ ,-~:\. ~/ 'j" C. Adjacent to the out-parcel owned by the Chula Vista School District; and D. Along the existing Bel Aire Ridge subdivision where existing conditions shall remain. All retaining walls which interface with the public street system shall be constructed to match the Ranch Rancho del Rey SPA III Design Guideline standards for exterior walls. The developer shall be responsible for construction of full street improvements for all public and private streets shown on the Tentative Hap within the subdivision boundary; and for the construction of off-site improvements to construct Paseo Ranchero, East "J" Street and Paseo Ladera as shown on the Tentative Hap, to the satisfaction of the City Engineer. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer and water utilities, drainage facilities, street lights, signs, fire hydrants and ~/71 Resolution No. 16222 Page 7 transi ti ons to exi sti ng improvements. Street intersecti on spaci ng as shown on the tentative map is hereby approved. 18 . All the streets shown on the Tentati ve Map withi n the subdi vi si on boundary, except pri vate streets, shall be dedi cated for pub 1 i c use. Design of said streets shall meet all City standards. 19. A temporary turnaround conforming to City standards shall be provided at the end of streets having a length greater than 150 feet, measured from the center line of the nearest intersecting street to the center of the cul-de-sac, except as approved by the City Engineer. 20. Cul-de-sacs and knuckles shall be designed and built in accordance with City standards unless otherwise approved by the City Engineer. Lot ConfiQuration 21. Frontage on all lots shall be a mlnlmum of 35 feet at the right-of-way 1 i ne except as approved by the City Engi neer. Thi s conditi on does not apply to flag lots, as defined in the Municipal Code. 22. Lot lines shall be located at the top of slopes except as approved by the City Engineer. When adjacent to open space lots, property lines shall be located a minimum 2.5 feet from the top of slope. 23. The preparation of final maps and plans for the locations listed below shall be carried out in accordance with the following criteria unless otherwise approved by the City Engineer and Director of Planning: ,~,j A. \VI~ -' Provide a minimum 50 feet from the corner of Paseo Ranchero and East "J" Street to lots 6 and 7, Phase 3, Unit 2, to provide additional buffer and transition area at the corner. B. Provide a pedestrian throughway between lots 130 and 131, Phase 3, Unit 2, from Camino Calabazo to east "J" Street across from the school and park sites. Lot 128 of Phase 2, Unit I, shall be widened to a minimum 50 foot width to accommodate a combined slope and maximum 5 foot retaining wall. This is to avoid a "tunnel" effect created at side lot lines. Lots 3 and 5, Phase 2, Unit 3 shall utilize maximum 5 foot high retaining walls, and/or a combination of retaining walls and crib wa 11 s . C. D. >>~ S'/J Resolution No. 16222 Page 8 E. Provide a different name for each of the portions of Palazzo Court located to the east and west of East "J" Street and the portions of Dorado Way located to the east and west of Camino Miel. Street Trees/Ooen Soace 24. 25. 26. J27V I ./ t~~ 'po-' ",' JA' ..,) ,:; r 28. 29. The developer shall grant to the City street tree planting and maintenance easements along all public streets as shown on the Tentative Map. The width of said easements shall be as outlined in the City's Street Design Standards Policy. The developer shall be responsible for street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. The use of cones shall be included where necessary to reduce the impact of root systems disrupting adjacent sidewalks and rights-of-way. All open space lots adjacent to public rights-of-way shall maintain a width so as to provide 10 feet of landscaping treatment behind the back of sidewalk. Maintenance of all facilities and improvements within open space areas covered by home owners associ ati ons shall be covered by CC&Rs to be submitted and approved by the Planning Department prior to approval of the associated final map. Prior to the approval of any final map, the developer shall request in writing that maintenance of all facilities and improvements within the open space area associated with such map shall be the responsibility of the Rancho del Rey Open Space Maintenance District. Prior to approval of the first final map, a comprehensive landscape plan shall be submitted for review and approval of the City Landscape Architect and Di rector of Parks and Recreati on. Pri or to approval of each fi na 1 map, comprehensive, detailed landscape and irrigation plans, erosion control plans and detailed water management guidelines for all landscape irrigation shall be submitted in accordance with the Chula Vista Landscape Manual for the associated landscaping in that final map. These detailed landscape and irrigation plans shall be for the review and approval of the City Landscape Architect and Director of Parks and Recreation. The landscaping format within the project shall be to emphasize native, drought tolerant plant material. Exceptions can be made for areas where reclaimed water is exclusively used. The comprehensive landscape plans sha 11 address: A. Slope enhancement and landscape treatment for the slope in Open Space Lot A. Phase 3. Unit 3, beneath the Junior High School lot. The plan shall address and provide for mature size plant mate.. rial. '0-/.~ boulder work and/or buttress work on the slope. \,.1 \.- \. i;.J it . ~\~5~fV~~~:' f 3b - g-- / c{-('-;.-r~ 30. )t '. 1\<', , ~. 31. Resolution No. 16222 Page 9 B. A natural i zed revegetati on program for areas of gradi ng in open space lots, which may include temporary irrigation. C. The disturbed "native" areas within Telegraph Canyon Road open space corridor. This area shall include tree groupings or tree groves. These plantings shall be treated as random plantings and shall be identified in at least six areas along the corridor with each location providing plantings of 50 to 100 trees. The exact number of trees and locations are to be approved by the Planning Department and Department of Parks and Recreation. The intent of these grove areas is to provide a consistency with existing grove areas in the open space corridor west of the Rancho del Rey SPA III area. All graded areas shall be replanted prior to the approval of any final map. Germination of plant material shall be guaranteed by the applicant to the satisfaction of the City Landscape Architect. Prior to approval of the first final map, details showing the location and design of the l..dl 111811" ~~._!'" ,",_~,__'shall be submitted to and approved by the Directors of Planning and Parks and Recreation. The trail system in the open space lots shall be a minimum 6 feet wide within an 8 foot horizontal clear space and a 10 foot vertical clear space. The associated sign program shall lUt:IILII) lth.- t.-4.nr+w-1l..j-,....lplll'llII. areas and connecting along Paseo Ranchero', to the satisfaction of the Directors of Planning and Parks and Recreation. Prior final map approval for Phase 3, Unit 3 and Phase 4, Unit 2 as shown on the Tentative Map, cross sections shall be submitted to and approved by the Director of Planning and City Engineer illustrating the interface where the trail is located adjacent to the drainage ditch along Telegraph Canyon Road. The fencing of the drainage channel shall be aesthetically pleasing incorporating the use of plantings, equestrian type fencing and vinyl clad fencing. These cross sections and decorative fencing program may be included with the comprehensive landscape plan. Fence gates shall be provided at locations approved by the City Engineer to allow maintenance of the drainage channel. Parks 32. The developer shall be obligated for 12.5 acres of parkland as described in the approved SPA Plan, including land, and/or fees, and/or additional improvements, in accordance with the Parkland Dedication Ordinance. The actual final acreage will relate to the number of units approved with the final maps. 33. The park located in Phase 3, Unit 4 shall be a minimum 10 net useable acres. Design and development of the park shall be subject to the ~b ~ffJ- Resolution No. 16222 Page 10 approval of the City's Director of Parks and Recreation and shall conform with the park master plan to be adopted by the City Council. 34. An adequate buffer and separation of 50 feet shall be provided between the residential lots at the eastern end of Palazzo Court and the existing park facilities, to the satisfaction of the Director of Parks and Recreation. Solution may include but is not limited to relocating an existing tennis court or lot redesign. 35. A minimum 20 foot wide access corridor shall be maintained at the end of Paseo Palazzo where the cul-de-sac abuts the existing park. Said area shall be made part of the park. Detail and design of the access shall be submitted to and approved by the Departments of Planning and Parks and Recreation prior to final map approval for Phase 3, Unit 1. GradinQ/DrainaQe 36. An erosion and sedimentation control plan shall be prepared as part of the grading plans. 37. SpecHi c methods of handl i ng storm drai nage are subject to detail ed approval by the City Engineer at the time of submission of improvement and grading plans. Design shall be accomplished on the basis of the requirements of the Subdivision Manual and the Grading Ordinance (No. 1797 as amended). The developer shall submit calculations to demonstrate compliance with all drainage requirements of the.Subdivision Manual. 38. Grading proposals shall be reviewed and approved by the City Engineer and Director of Planning for consideration of balanced cut and fill, utilization of appropriate soil types, effective landscaping and revegetat i on where appl i cab 1 e. Gradi ng shall occur in separate phases unless a single phase operation is approved with the grading plan. 39. A letter of permission for grading shall be obtained from SDG&E prior to any grading within or adjacent to an SDG&E easement or which would affect access thereto. 40. The developer shall make a reasonable effort to obtain permission to grade the slopes along Buena Vista Way at the former intersection of East oJ" Street. If permission to grade said slope is not reasonably attainable as determined by the City Engineer, the regrading of these slopes shall not be requi red. The provi si ons of thi s condi ti on shall be comp 1 i ed with prior to approval of the final map for Phase 3, Unit 3. 41. Prior to approval of any final map for single family residential use, the developer shall submit a list of proposed lots indicating whether the structure wi 11 be located on fi 11, cut or a transition between two situations. >>/ ffJ Resolution No. 16222 Page 11 42. Lots shall be so graded as to drain to the street or an approved drainage system. Drainage shall not be permitted to flow over slopes. Lots 71, 72 and 89 of Phase 2 Unit 1 shall be designed so that there will be no negative grading or drainage impacts to the adjacent off-site properties. 43. Graded access shall be provided to all public storm drain structures including inlet and outlet structures. Paved access shall be provided to drainage structures located in the rear yard of any residential lot or as approved by the City Engineer. 44. The use of boulders in minor drainage basins and energy dissipators in the canyon and open space areas in the manner approved by the City Engineer and Planning Director, is encouraged to allow water to be captured and to allow trees to grow naturally. Sewer 45. The developer shall be responsible for performing sewage flow metering to monitor three segments of main identified in the Rick Engineering report dated September 5, 1990 as sections QR, X1X2 and KL. Metering shall be accomplished at the locations determined by the City Engineer. Metering shall be accomplished prior to the issuance of any building permit for SPA III and be repeated at intervals directed by the City Engineer. Should any of these segments have metered flows which fill more than 80% of the pipe diameter, the applicant shall construct parallel facilities as determi ned by the City Engi neer. The developer shall enter into an agreement with the City prior to first final map approval providing for all items indicated above. 46. An improved access road with a minimum width of 12 feet shall be provided to all sanitary sewer manholes. The roadway shall be designed for an H-20 wheel load or other loading as approved by the City Engineer. 47. The developer shall obtain permission from the City to deposit sewage in a foreign basin. The developer shall enter into an agreement with the City relative to the diversion of sewage prior to final map approval for any phase or unit thereof proposing said diversion. 48. The developer shall be responsible for the removal of the existing sewer pump stations (Mission Verde and Candlewood). Prior to approval of any final map entailing said removal, the owner and the City shall enter into an agreement to estab 1 i sh the scope of work and the amount to be reimbursed by the City to the subdivider for performing said work. The developer may also request the formation of a special sewer service area . to provide for the cost of connection of the area currently being served by the Candlewood pump station to the permanent gravity sewer system. >> -~f Resolution No. 16222 Page 12 Unless otherwise approved by the City Engineer, the scope of work at both sites shall be limited to the removal and disposal of equipment, grading, landscaping and construction of new sewerlines and manholes required for connection to the proposed Rancho del Rey sewer system. Any upsizing of Rancho del Rey Sewer lines due solely to the flow generated by the Mission Verde and Candlewood areas shall also be included. Reclaimed Water 49. Prior to approval of the associated final map, the developer shall provide on-site infrastructure to accept and to use reclaimed water when it is available, along Paseo Ranchero from Telegraph Canyon Road to East "H" Street and along East "J" Street from Paseo Ranchero to the park site, per the adopted Public Facilities Financing Plan. 50. Any costs incurred from retrofi tti ng the recl aimed water system, when reclaimed water becomes available, shall be paid by the developer. Monies for thi s sha 11 be held by the Ci ty, through a deposi t set up by the developer. The amount shall be determined by the developer, approved by the City and in place prior to approval of each associated final map. Fire 51. Fire hydrants will be required per the Fire Department standards. Hydrant spacing is 500 feet for single family and 300 feet for multi-family dwellings. . 52. Maximum hydrant pressure shall not exceed 150 psi.' 53. Fire hydrants and roadway access (per City Fire Marshall approval) shall be installed, tested and operational prior to any combustible materials placed on-site. 53.5 Developer and City shall, prior to the recording of the first final map including all or any portion of the territory of the tentative map, have entered into a Development Agreement which shall include, but shall not be limited to, a promise satisfactory to the City requiring the developer to advance the entire costs of relocating, or at City's option, to build and relocate, Fire Station No.4 to a site satisfactory to the City, in exchange for which developer shall be granted certainty of entitlements, or such other mutually agreeable consideration. AQreements/Covenants 54. Prior to final map approval for Phase I, Unit I, the developer shall enter into an agreement with the City to guarantee the development of the parcel specifically for senior housing. >>/~5 Resolution No. 16222 Page 13 55. Prior to the approval of the first final map, the developer shall enter into an agreement to provide a right turn lane at the intersection of Paseo del Rey and East "H" Street, to the sati sfacti on of the City Engineer, if the threshold standards for this intersection as expressed in the then current Growth Management Ordinance are exceeded at any time during the development of this project. 56. Prior to approval of the first final map, the developer shall enter into an agreement to provide a park-n-ride facility near the intersection of East "H" Street and Paseo Ranchero to i ncl ude 50 parki ng spaces, 10 bicycle lockers, lighting, trash receptacles and circulation striping to the satisfaction of the City Transit Coordinator. In addition, a transit stop, to include a bench, shelter and trash receptacle, shall be provided on the north side of East "H" Street. A plan of said improvements and the timing thereof shall be submitted and approved by the City Transit Coordinator. Requirements of this condition may also be met by dedication, improvements, and/or financial participation in a park-n-ride faci 1 i ty master plan, at the sole di screti on of the Ci ty Counci 1. The specific site shall be in the vicinity of the site indicated herein or at an alternative site possibly off the territory of the tentative map which alternative site shall meet with the approval of the City. 57. Prior to approval of each final map, copies of proposed CC&Rs for the subdivision shall be submitted to and approved by the City Planning Department. /58. v...J i y~.v . ~ ,v 59. 60. Prior to approval of the first final map, the developer shall provide a schedul e, subject to the approval of the Pl anni ng Di rector and City Housing Coordinator, for the development of low income housing as defined in the agreement executed between the City and Rancho del Rey Partnership per City Council Resolution No. 15751 dated August 7, 1990. Prior to the approval of any final map for the subject subdivision or any unit thereof, the developer shall obtain all off-site right-of-way necessary for the installation of required improvements for that unit. The developer shall also provide easements for all on-site and off-site public storm drains, sewers and other public utilities prior to approval of the final map. Easements shall be a minimum width of 6 feet greater than pipe size, but in no case less than 10 feet. The developer shall notify the City at least 60 days prior to consideration of the final map by City if off-site right-of-way cannot be obtained as required by the Conditions of approval. (Only off-site right- of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition. After said notification, the developer shall: c51;;-/ Y ~ Resolution No. 16222 Page 14 A. Pay the full cost of acqulrlng off-site right-of-way or easements required by the Conditions of Approval of the tentative Map. B. Deposit with the City the estimated cost of acquiring said right-of- way or easements. Said estimate to be approved by the City Engineer. C. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings. D. If the developer so requests, the City may use its powers to acquire ri ght-of-way, easements or 1 i censes needed for off-si te improvements or work related to the Tentative Map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of a, b, and c above shall be accomplished prior to the approval of the Final Map. All off-site requirements which fall under the purview of Section 66462.5 of the State Subdivision Map Act will be waived in accordance with that section of the Act if the City does not comply with the 120 day limitation specified in that section. 61. Prior to approval of each final map, the developer shall enter into an agreement with the City to include the subdivisions in the Mello Roos public facilities district or an acceptable alternative financing program, subject to the approval of both the Chula Vista Elementary and Sweetwater High School Districts. 62. Prior to approval of each final map, the developer shall enter into an agreement with the City wherein he agrees to comply with that version of the Growth Management Ordinance in effect at the time a building permit is issued. Such compliance includes but is not limited to the then current East Chula Vista Transportation Phasing Plan and the adopted Air Quality Improvement Plan and Water Conservation Plan for Rancho del Rey SPA Ill. 63. Prior to final map approval for any phase or unit thereof, the developer shall enter into an agreement with the City whereby: A. The developer agrees that the City may withhold building permits for any units in the subject subdivision if anyone of the following occurs: 1. Regional development threshold limits set by the then current adopted East Chula Vista Transportation Phasing Plan have been reached. 3J-~? 64. 65. 66. 67. 68. ./1 . JJ'N~("I . .\.,q.\, ,(:J.: , (' (A \^f'\' b'P Resolution No. 16222 Page 15 2. Traffic'volumes, level of service, public utilities and/or services exceed the threshold standards in the then effective Growth Management Ordinance. B. The developer agrees that the City may withhold occupancy permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Rancho del Rey SPA III if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. Prior to approval of each final map, the developer shall agree to not protest the formation of a district for the maintenance of landscaped medians and parkways along streets within and adjacent to the subject p rope rty . Prior to approval of each final map, the developer shall enter into an agreement with the Ci ty wherei n he holds the City harml ess for any liability for erosion, siltation or increased flow of drainage resulting from this project. The developer shall enter into an agreement with the City whereby the developer agrees to participate in the monitoring of existing and future sewage flows in the Telegraph Canyon Trunk Sewer and the financing of the preparation of the Basin Plan and, pursuant to any adopted Basin Plan, agree to participate in the financing of improvements set forth therein, in an equitable manner. Said agreement Shall be executed by the developer prior to final map approval for any phase or unit proposing to discharge sewage into the Telegraph Canyon Trunk Sewer. The developer shall permit all franchised cable television companies ("Cable Company") equal opportunity to place conduit to and provide cable television service for each lot within the subdivision. The developer shall enter into an agreement with all participating Cable Companies which shall provide, in part, that upon receiving written notice from the City that said Cable Company is in violation of the terms and conditions of the franchise granted to said Cable Company, or any other terms and conditions regulating said Cable Company in the City of Chula Vista, as same may from time to time be amended, developer shall suspend Cable Company's access to said conduit until City otherwise notifies developer. Said agreement shall be approved by the City Attorney prior to final map approval. The developer shall utilize the Paseo Ranchero corridor for construction traffic unless otherwise approved by the City Engineer. A construction traffic plan shall be submitted for review and approval prior to approval of the first final map or issuance of a grading permit, whichever occurs first. The plan shall include provisions for dust control and state hours of operation. Revisions to said plan shall be approved by the City Engi neer. >>~~Y Resolution No. 16222 Page 16 Fees/Pavments 69. The subject property is within the boundaries of Open Space District #20 (Zone 7), Open Space District 110 (Phase II) and Assessment District 187- 1. Prior to final map approval or other grant of approval for any phase or unit thereof, the developer shall pay all costs associated with: A. detachment of subject property from Open Space District 110 (Phase II); and B. reapportionment of assessments for Open Space District 120 (Zone 7) and Assessment District 187-1 as a result of subdivision of lands within the project boundary. 70. The developer shall pay: A. Spring Valley Sewer Trunk connection fees ($130/acre) prior to final map approval for any phase or unit thereof contributing flow to the Spring Valley Trunk Sewer. B. Telegraph Canyon drainage fees in accordance with Ordinance 2384. 71. PAD fees shall be waived or modified as provided in the adopted Public Facilities Financing Plan for Rancho del Rey. RCT fees and DIF fees shall be paid in accordance with the applicable regulations, including the duty to pay the fees in effect at the time the bulding permits are issued. PAD fees shall be guaranteed until such time as the City waives said fees. Mi sce 11 aneous 72. The boundary of the subdivision shall be tied to the California System - Zone VI (1983). 73. Prior to final map approval for any unit, the developer shall submit a copy of said final map in a digital format such as (DXF) graphic file. This Computer Aided Design (CAD) copy of the final map shall be based on accurate coordinate geometry calculations and shall be submitted on 5 1/2 HD floppy disk prior to recordation of the final map. 74. The developer may file a master final map which provides for the sale of super block lots corresponding to the units and phasing or combination of units and phasing thereof, shown on the tentative map. If said super block lots do not show individual lots depicted on the approved tentative map, a subsequent final map shall be filed for any lot which will be further subdivided. 5'b ~g/ Resolution No. 16222 Page 17 The City Engineer may condition approval of such a final map to require necessary plans to provide infrastructure necessary top meet City thresho 1 d pol i ci es and to conform to the approved Publ i c Facil iti es Financing Plan. All super block lots created shall have access to a dedicated public street. Bonds in the amounts determined by the City Engineer shall be posted prior to approval of a master final map. Said master final map shall not be considered the first final map as indicated in other conditions of approval unless said map contains single or multiple family lots shown on the tentative map. Code Reauirements 75. The developer shall comply with all relevant Federal, State and Local regulations, including the Clean Water Act. The developer shall be responsi b 1 e for provi di ng all requi red testi ng and documentation to demonstrate said compliance as required by the City Engineer. 76. The developer shall comply with all applicable sections of the Chula Vista Municipal Code as they exist at the time of issuance of the building permit. Preparation of the final map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Map Act and the City of Chula Vista Subdivision Ordinances and Subdivision Manual. 77. Applicant shall comply with, remain in compliance with, and implement, the terms, conditions and provisions of the Sectional Planning Area Plan, and such Water Conservation Plan, the Air Quality Plan and the Public Faci 1 i ti es Fi nanci ng Pl an approved by the Council (" Pl ans ") as are applicable to the property which is the subject matter of this Tentative Map, prior to approval of the Final Map, or shall have entered into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require, assuring that, after approval of the Final Map, the Applicant shall continue to comply with, remain in compliance with, and implement such Plans. Developer shall agree to waive any claim that the adoption of a final Water Conservation Plan or Air Quality Plin constitutes an improper subsequent imposition of the condition. Sb~;;O Resolution No. 16222 Page 18 That a copy of this resolution be transmitted to the owners of the property. /!{~1;.# Director of Planning Approved as to Ik ~L..~ Ci ty Attorney Presented by 5p~ 9/ ,_, _' .'_''--'-' "" J. ,--' I n hW~_-' ,'.;:.'0:;:. .,ktl' 11~ j,/ '.' -A..~. .~...;..... c. OUNClL~STA_ Ji!Jp,/J ~1. '([;5-) . /1~~' ~-6~ ~Jt /e jf ITEM TITLE: Item Meedq Date 11/22/94 Resolution Accepting an Irrevocable Offer ofDedication for Street Purposes over a Portion of Lot A in the Ladera Villas Subdivision Map 12519 SUBMITTED BY: Resolution.. Amending Condition of Approval No. 74 of the Rallchoael Rey SPA III Tentative Map to Clarify when Park Acquisition and Development Fees and Telegraph Canyon Channel Drainage DlF are Payable for the super block lots. Resolution Approving Master Final Map and Subdivision Improvement Agreement for Chula Vista Tract 90-02, Rancho del Rey SPA III ~ Director of Public Workst Director of Planning Qe REVIEWED BY: City Manager (4/5ths Vote: Yes_No..KJ On July 18, 1991, by Resolution 16222 (Exhibit A), the City Council approved the Tentative Subdivision Map for Chula Vista Tract 90-02, Rancho del Rey Sectional Planning Area (SPA) III. Condition of Approval No. 74 of the tentative map allowed the developer to file a Master Final Map (MFM) creating master lots. The map before Council is the MFM for Rancho del Rey SPA III. Approval of the MFM does not confer development riihts to the developer. Subsequent final maps will be required to further subdivide the master lots into residential units. The proposed amendment to Condition No. 74 will clarify when Telegraph Canyon Channel Drainage DIF ('reDIP) and Park Acquisition and Development (PAD) fees are payable. Right-of-way for Pasco Ranchero previously offered to the City through an irrevocable offer of dedication must also be accepted by the City to provide adequate access to the lots being created by the MFM. RECOMMENDATION: That Council: 1. Adopt the resolution accepting the irrevocable offer of dedication for street purposes; 2. Adopt the resolution amending Condition of Approval No. 74 to clarify when Telegraph Canyon Channel Drainage DIP and PAD fees are payable; 3. Adopt the resolution approving the Master Final Map and the subdivision improvement agreement. SP -17 Page 2, Item Meetlna Date 11/22/94 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The project is generally located between East "W Street and Telegraph Canyon Road. from Paseo del Reyto Buena Vista Way. It consists of 407.7 acres which are proposed to be divided into 16 super block lots, which will be further subdivided into residential and open space lots by subsequent fInal maps. The map now before Council for approval is the Master fmal map, which creates the 16 super block lots (See Exhibit B). The developer has dedicated or obtained all right-of-way necessary to construct or widen the major streets within the subdivision with the exception of a portion of Paseo Ranchero, which was previously offered for dedication as a public street. This right-of-way, a portion of Lot A in the Ladera Villas subdivision, was offered for dedication but rejected on Final Map No. 12519 (See Exhibit C). In accordance with Section 66477.2 of the Subdivision Map, rejected offers of dedication remain open until the City accepts or terminates and abandons the offers by Council resolution. The action before Councll will accept this irrevocable offer of dedication (100) in accordance with the Subdivision Map Act thereby providing adequate right-of-way to constrUct Paseo Ranchero in conformance with City standards. The acceptance of the 100 is . being requested at this time because access to the development during construction is limited to Paseo Ranchero and Ladera. Consequently the road construction will be one of the first items of work. Condition of Approval No. 74 of the Rancho del Rey SPA III tentative map allowed the developer to me a master fmal map (MFM) to create super block lots for the purpose of selling said lots to guest builders. Subsequent fmal maps would be required to create the lots shown on the approved tentative map. The condition also provided that the MFM was not to be considered the first fllla! map referenced in other conditions of approval. However, Condition No. 74 did not indicate whether the Telegraph Canyon Drainage DIF (TCDDIF) and Park Acquisition and Development (PAD) fees were to be paid at the time of approval of the MFM or upon approval of subsequent fllla! maps. The proposed amendment to Condition No. 74 clarifies that the TCDDlF and PAD fees are payable prior to approval of the final maps which create individual lots as depicted on the approved tentative map. Staff recommends that Condition No. 74 be amended to add the following: "The Telegraph Canyon Drainage DIF and Park Acquisition and Development fees applicable to the property to be subdivided by the master final map are due and payable prior to approval of subsequent fllla! map(s) fIled over said property to create individual lots as depicted on the Rancho del Rey SPA III tentative map." The MfM for Rancho del Rey SPA III has been reviewed by the Public Works Department and found to be in substantial conformance with the approved tentative map. Approval of the MFM constitutes acceptanee on behalf of the public portions of Pasco Ranchero, East "1" Street, Pasco 5P ~5J .~ Pile 3, Item Meetlna Date 11/22/94 Ladera, Paseo Entrada and Buena Vista Way and acceptance on behalf of the City of Chula Vista easements for installation and maintenance of traffic control, drainage .and sewer facilities all as shown on the MFM. The developer has processed plans for the construction of the following public improvements: 1. Paseo Ranchero. Telegraph Canyon Road to East 'H' Street; 2. East . J' Street - within subdivision boundary; 3. Paseo Ladera - Telegraph Canyon Road to East 'J' Street; 4. Rancho del Rey SPA III Outfall Sewer. Pasco Ranchero to Pasco del Rey. The developer has satisfied all conditions of approval applicable to the MFM, executed a Subdivision Improvement Agreement and provided bonds to guarantee construction of the required public improvements. All applicable fees have been paid. deposits submitted and a bond provided to guarantee the monumentatlon for said subdivision. , ~ VILLA PALMERA HOMEOWNERS CONCERNS i+~~~ At the August 23. 1994 meeting, Council directed staff to meet with the Villa Palme~~ . Homeowners (VPHO) to answer questions raised by the written correspondence submitted by i.. Ms. Claudia Diamond concerning the improvement of Pas eo Ranchero. Staff has met with Ms. Diamond and two other members of the VPHO. An informational item from the Planning Director containing staffs responses and a copy of Ms. Diamond's letter are attached as Exhibit . vi I D. f~/'" Ms. Diamond has been notified that this item is being considered by the Council tonight. ~fJ nO.)' . 0 \ .e:r\c7 II (2"1 c . CEQA CERTIFlCATION'0 . f\'l un t2 All CEQA requirements for this project were met when the Tentative Map was approved by Resolution 16222. No other environmental review is necessary. FlSCAL IMPACT: None. All Staff costs associated with processing of improvement plans and final maps will be reimbursed from developer deposits. Attachments: Exhibit A. C=U keoolutlon No. 16222 & MlnuWl of 7/18/91 CaunJ;U Meetina Exhibit II. kalIcho del Rey SPA m. MFM Exhibit C - Location of oft'er of dodlcatlon Map 12'19 Exhibit D . Memol'lllldlllU to Connell from P1annlD& Rll Villa PiJmera COlli:erIlll Ilxhibit B . D!JclOlllte Scalemen! PlIo: BY.~1l P:\HOldIlII!NOINUIlIAGIlNtlA\rdn3...... un;., 3b,1'/ ~.. ~ EXHIBIT "8" CHULA VISTA TRACT NO. RANCHO DEL REY SPA III MASTER 90-02- FI NAL MAP / , j -l 0-0 -l r fTI ~,,- ;:::-..::: .- / I LOr 14 L-- I. 0 :r: c );: ~< .(/) --I J> --I [ ;u "'\ J> \:)...: () \ --I Z t\ 0 I ~ I to - IN 0 I 10 Z :N 0 1T1 -< I (..l ~ ~ ~ - Lor 16~ Lor , \./ " -- Lor .. ~~: .. STREEt OfFER OF DEDcAnoN 50"!. BE ACcu-,~ /-E CX",fll" c" lor I - Lor ~ lOT 7 <( 0- (/) - >- w 0.-::: -l W 00.... <( o ~_ I ... -.J U '.l.1ol U <(:: Z Zf- <tc:- 0::: m z 2S~ I-W o(/) o.-:::<t: w2 I u Z <( 0::: o W (/) <( 0... ,....., \ I~ Ii! I~ 15~ z~ i= f'... I- a -.J S~ 9~ a 8t: 6l: . C ....-r-- --- zz EZ t:>z ~ ~o (.? ~~ ~ ~~ g:U..I ~Cll o~ It ~ ~ ~ i w L -- I- a -.J ,n _Sb ~ j t DA I TITLE;...' 11/10/94 ACCEPTANCE OF A PORTION OF PASEO RANCHERO RL~~.~:' IN RANCHO DE~. R~Y, SPA III MASTER FINAL MAP N ~ f- a ..J o ~ ; ~ I ~ ~--- I -- -" Id l.U.~.l. lLJ;L111 Ur LHULH l')l';:;iH TEL f~I]:CITY OF CHULA VISTA ;+106 P04 f 'f. k.L~Lt b COVoNCiL iNFORMATiON KIHOAANDUX DATE: November 11, 1994 TO: Honorable Mayor and City cou2J~~) John Go.., oi ty Manaqe~G- b~ Bob Leiter, Director of Planning:l't tL/ John Lippitt, Director of Public WOrktr, Staff response to concerns of claudfa Diamond of Villa Palmera Homeowners Aaaociation (HOA) regarding proposed Ranoho del Rey (RdR) SPA III iJ?provements (Counoil Referral No. 2921) VIA: FROM: SUBJECT: At the City council meeting of August 23, 1994, a written oommunioation from Claudia Diamond raised several concerns resardinq proposed improvements associated with RdR III as they relate to Paseo Ranchero and the existing Villa Palmera projeot for Which Ms. Diamond serVes as the President of the HOA. Villa Palmera consists of 76 condominiums at the northwest corner of paseo Ranchero and East IIJII street, and is surrounded by property to be developed with the RdR SPA III Community. In r~sponBe to Council direotion, staff met with Xs. Diamond and another representative of the Villa Palmera HOA on September 23, 1994. Xs. Diamond followed-up that meeting with a letter to staff on September 28th, and, staff responded to Ms. Diamond'S remaining concerns in the attached letter dated November 4, 1994. Ms. Diamond'a concerns involve (1) the lack of noticing on the RdR III project, (2) er;Iuestrian use of the proposed recreation pathway fronting Villa Palmera, (3) the speed limit propo..d on 1>ueo Ranohero, (4) noise impacts from paSeo Ranchero, and (5) RdR III construction activities as they lllay at'fect Villa palmera residents. ~ vJ ~ As ~etaile~ in the attached letter: . ~ ;,,1;;/'\ .~1ty reoorda in~ioate that notices of the RdR III SPA and ('~:L.8 )6Cyl''Tentative Map hearings were mailed to all Villa Palmera /{~X\")' (~Il/ homeowners and the management company for the HOA; Cf \ ,," {[~ ,f' - uJ(c..:t 0 )'~. ~o~. The recreation pat~~~~w.l~n front ot' the villa Palmera (~{'~ iroject, whiCh is quire~o be widened from 5 1/2 to 8 teet, ~~2- " c'.{ . not intended to ae odate equestrian activity and could /'0 i-C; not be used for this purpo.. ~f;cordin9 to local ordinance; I ~C ~ _; 'J I par t\G:-sc.,lwflDn 1621"2- ~ ./ t- / / +- ,s, --f--w. COY> /l C7i:: 1- / '-rhe. -frs! I 5':js+om So a ...".. L -------------------------- ------------------------------------ -18-' 94 FR I 10: 23 ID: CITY OF CHULA U I STA __IEL 110: CITY OF CHULA. I) I STA 11106 P06_._ ..__n Memo council Referral No. 2929 , 3. The speed limit will be posted on paSeo Ranchero after the .treet is complete and studies have been undertaken to determine the appropriate limit based on eafe operating conditions and atate law; Villa Palmera homeowners will be noticed and given an opportunity for input when the studies and speed limit are considered by the Safety commission; 4. The environmental documentation shows that according to the accepted etandard, the Villa Palmera residents will not be aignificantly impacted by traffic noise from Paseo Ranchero; and. 5. McMillin must comply with all city and State rClgulations regarding grading and construction activities, and also will post signs at entrances to Villa Palmera reading "No Rancho del Rey construction Traffic Permitted". city staff has provided Hs. ,Diamond with information reqarding applicable City regUlations, and the names of contact persons on city staff who oversee compliance with these regulations. Council also asked staff to determine whether the current specifications for Paseo Ranchero were the same as thoae in effect when Villa Palmera was developed. The road clasllifioation for Pas eo Ranchero when Villa palmera (Mission Verde) was developed in 1988-89 wall a Collector street. When the General Plan was updated in 1989, the streets were defined dirferently. Paseo Ranchero became a Class I Collector at that t long with the change in name there were slight changes in "f~design criteria. Followinq is a comparison of the dasig'n standards , for paseo Ranohero at the time villa Palmera wu developed and current standards. ADT is the averag'e daily trips. '/' l . $d.:0"d.(s , ().('~ \,~ ~I a,-... \ /IV ,- .,f' .,\ \ c:-' o"\-,c>)' f ('0<t. I--, DESIGN (ADT) \r\D{d./ Ii)~ d. 4h(DESIGN SPEED ~;f'~* NO. TRAVE:L LANES l c/I XO 11;:/. (, I> ~ NO. PARKING LANES {' D~,"C MEDIAN WIDTH. c,.) ~\"\ 't\ ~;)J~ . X'" V CURB TO CURB .DISTANCE o~ \ '\~ t) . \iMAXIMUM GRADE !:;.\071J- MINIHUH CURVE RADII (}.\ VILLA PAL ERMA CURRENT 10,000-20,000 22,000 40 HPH 45MPH 4 4 2 2 o 4-10 FEET 64 FEET 68-74 FEET 10\ n 3j;/,g/ ~ 300-500 FEET 700-1100 l"EET . . ~.tiS ? r t . --- f'C'.",i".'- i[(tL . \~ SSJ- ft~( (? c \, . J" "1(';; J Memo Council Rehrral No. 2929 ;fM CtCo \ \ tl~-0~ ~ ('7'~ (i v;c The actual AJ:lT which the roadway can oarry depends upon the numberv-l~c-l 1ft of possible side interferences (driveways) that occur on the S . roadway. The tewer the number ot driveways, the more tratfic the~ ~jry\ .treet will carry. In this case the number of driveways is small ~~(~'U 80 the' road U desiqnatad prior to 1989 and currently 1a not f) ~O( S 1.1 significantly different. The center median indicated under our \.Jjdr't'q,' current design criteria provides an added measure of safety but l~{~~ adds 11 ttle to the carrying capacity of the roadway. The segment 0(\ "f. of fuso Ranchero adjaoent to the villa palmera projeot 1o7as SJ0 de.iqned to meet the 40 MPH dSBiqn speed. That will not chanqe . when the road is completed by ~h. developer ot RdR SPA III. Ms. Diamond has been noticed of Council consideration of the RdR III Master Final Map, which i8 scheduled tor November 22, 1994. Attaehmentl!l ." Letter with attachments to ClaUdia Diamond dated November 4, 1994. CI\wpSl\lupe\MEMADR.III Y5' c/v/~l November 29, 1994 .' ~'i\~\\\~~ct \id.'(,W~Y~~~~A' ~~~~~~~\'/\~c t 'l5:~ \ 1 _{^- ("\ .ANi -~y z.J( 17~ ('0 ~~ ~ v\.~ () \(\ - )~a . rr\~-\..>((j~\.' Wr",( . V'\v'(' \~( ~ \ ~ (' ( " (\:>' 00J ~ \C'0) ,{\if.;r;'\f~<"P'f'\~ ,("L ,II. (j r,';\\':0~~ , ,~ v "" \C\ k'\ r \.J~~'- \ 1. -1' C 0 ()~~"r<' L? \.0L r'. VfA $"v> \~dcr {'.d.( TC' \il.f _ X\ll- ,~\" ~ 4/ ~ l...:- \' . \ \ \ r c'" k\ ..0 - i .07 ~A5\1 'r,U: , ' t o ,."(Ir,,r'\\\ 'r\1\!i'1Lt.\" Yl{ll.,'\r-l1't' \'I/.-.':'J. < rt3" c \' .({) -'\' \ \ t.J' ~6 --\': r\. (1~' "\ DIl- Re: Rancho del Rey SPA nt\ ~ )( \)Il> ~ I}\' I I.c, 1'.../1'\\ () ,,0.- 0. (Y' eX: \" \ ~v. \ (' .;) . D I'D ~Ii,d \ \\'" 1 \. (\./ CA ~ '('>, 0'v\\ t-f \-<;\" ~ (,f.;,'(;<:.'l- Dear Resident: \'\~~ _;cs.. .~/VX?:(;\U"I'0-cX. ,\){V ~~,< (\"'~ 4.'0)/) x-o. \,"-' \; \ U \j v\ '\. ik L '\;>~ Y 01\ ~):' "c,,~ X. ,). On November 9th, McMillin Companies mailed a letter similar to this one to over 1,000 ~.J' ~, of your neighbors, We have discovered that your address was inadvertently omitted from"''' L '\ ; (' the mailing list. We apologize for that oversight and wish to inform you of our plans. - .l\.f' \.~ b <; '-:;0. ;(" " ~ McMillin Companies began grading the property adjacent to or near your home during the l.\D~~, { .( week of November 14, 1994. Grading is the first step in a land development and building \ ~ '\,~ 'l~ operation and is expected to take approximately 30 weeks to complete. ,~ L,J' ,0 . IF \") i. During the land development and building operation, McMillin will do its best to control'" ~r'\:~) ~ dust, debris and other inconveniences that you may encounter. Also, please be assured l =~ 1\: - : that we will observe the hours of operation specified by the City of Chula Vista. ,-\'f''J- ~\. / J) \ C.0' Some hints that may be helpful to you during development are: ~ .;.~ t /0i.L;7 \~. . C'.J~ \ . ,\:\)f' . 1. Keep the doors and windows of your home closed during hours of operation;'-'\ 0... \l- Ii. and,() ,}. , '7' ~. ~J c7S'~ 2. Keep swimming pools, spas, cars and outdoor furniture covered as much aSS .~. /,;;:: \ possible. SI; 'l (i. O-~f' .J;{ It is our desire to be a responsible neighbor. Consequently we will attempt to minimize -z><'~Ur the impacts of our development on you. Your understanding and cooperation during thit0' CI. time will be appreciated. If you have any questions or if you need more information, {i ' - 7 please contact me. My phone number is 477-4170, ext. 540, or call Linda Baptiste at U J,\,-" extensIon 214. 1:>< ~\ ~i' { . \' ~~0 X ~(i. \'~L'\\ ,\....~ ;<..0' .1)..(',,, sF Xc --'(\ '. O-~\ veLesF ~(,uXrf. ~\l0 ,ol\ .(11 /\V.hCV\\' \~. 0.- . a.-( x.. -{' - 'vl'j i\..' .~ ~\" n"'" v x:.U -.Jjc- <;.-~ >, "" '<<, ,I(\Q ",,0 \ ",\, ,,0 ^,7 -d' 'V-' '-? ~ If'- '\^' {<:> X -04 _"",- ) a lj' 'X0 "F (.'{--,c 'Q-c.> \... . 'C '\~ ~ Very truly yours, M'2Z:7~ Constance C. Byram Director of Community Relations CCB\lb fl-/tJ3 C:LBICB\ W1NWORDIPH3IL-P ARDON I OTAY ELEMENTARY SCHOOL 1651 ALBANY AVE. CHUlA VISTA, CA 91911 (619) 425-4311 FAX (619) 425-2018 MARTHA VillAFRANCA, PRINCIPAL MARCH 13, 1995 ~ ~ :u p~ I ~ mC") ::O:r N J'T1 ~c: ... V)r < O M H o~ a I'T1 ear rs. orton: :::is 0 0 -V> .. O-l W As Principal of Otay Elementary School, the safety of our students is alW'il~ on~f our greatest concerns. Otay Elementary School is nestled within a very Icyge and nuturing community. Many of our chldren are within walking distance of the school and many are provided with bus transportation. We have approximately 620 students who enter our school grounds on a daily basis. Since safety is such an important aspect of their school attendance, I would like to make a request that a consideration be given to have speed bumps be placed in front of the school on Albany Ave. CHULA VISTA CITY COUNCIL MAYOR SHIRLEY HORTON 276 Fourth Ave. CHULA VISTA, CA 91910 u , There have been several incidents of near accidents in front of our school. Traffic coming downhill from Orange Ave on to Albany usually is coming at an increased level of speed because of the downhill factor. This poses an unsafe condition for our , students who may be entering or exiting our school grounds either walking or being transported by bus or by parents. While I do understand that speed bumps pose problems to drivers as well, they can be the one effective ingredient to provide increased safety which eventually could save a childs life in the future. Speed bumps would alert drivers to monitor their speed more carefully and closely. I ask that you take this request under consideration for the safety of our students. I will be presenting this information to the Otay Committee at their monthly meeting on March 13, 1995 at 7:00pm. Thank you very much for your time and consideration regarding this very important matter. Should you have any questions or concerns, or would like to meet with me, please call me at 425-4311. Sincerely, YrL~ -0- . Martha Villafranca cc!$! ~(i) v2 ~)J WRITTEN COMMUN1C~JI~~S r ~z)j-5 5C-1 CITY COUNCIL AGENDA STATEMENT SUBMITTED BY: ITEM t i MEETING DATE: 3/~ -36&..>- J.(,J.. / O~ ;u Ordinance "'Amending Section 2.28.050 of th"j~~la vista Municipal Code relating~&'"C~de of Ethics to Prohibit Em ~Emt of a Former city councilmemba Period of One Year after Leavifice City Attorney~ ~/ (4/5ths Vote: Yes___No-X-) Referral No. 2948 ITEM TITLE: At its meeting of January 10, 1995, the City council made a motion that the city Attorney prepare an amendment to the provision of the Ethics Code prohibiting a former elected official from appearing before a city body or City officer or employee as an agent for someone else soliciting a benefit or entitlement in front of the City. The Council's interest was evaluating an expansion of that provision to preclude a former elected official from being employed for the same one year period of time after leaving office. A copy of a proposed amendment to section 2.28.050 is attached for your review and consideration. RECOMMENDATION: That Council place the ordinance on first reading BOARDS/COMMISSIONS RECOMMENDATION: At its meeting of February 27, 1995, the Board of Ethics voted 7-0 to approve the amendment to the ordinance. The Board of Ethics wants to advise that it sees ambiguities and clarifications that need to be made to Section 2.28.050 and it is currently working on corrections therefor. By sending it to you with this amendment, it is not intended to convey satisfaction with the remainder of the section. The Board also advises the City Council that they considered expanding the "after-office prohibition on city employment" to Board/commission/Committee ("B/C/C") members and to the City Manager, City Attorney and City Clerk without a 4/5ths vote of the Council but rejected said expansion for a variety of reasons as follows: 1. The most likely "evil" that an "after-office" prohibition of employment is designed to correct is use of an official's influence to get a job. At the B/C/C level such influence is weak and modulated by Manager and Council review. . 2. The prohibition would operate to preclude persons from employability, which is something we would prefer not to do unless needed to satisfy a strong government interest not otherwise controllable. t. - / Item /, J )rJ. ,.- Date: 3/},""if95 -;/:Zf?/J::> Forge Two 3. The group of people excluded from employability have a demonstrated interest in Chula vista and an enhanced knowledge of Chula vista's operations. Meeting 4. The rule doesn't make much sense in application to the City Manager, City Attorney or City Clerk because they serve at the will of the Council in an existing employment relationship. If three members of the Council want them gone, they are gone. If three members want them to work, with the consent of the person, they can work. Furthermore, the "evil" of using their influence to create a job for themselves is not a concern because they already have a job position for themselves. Therefore, the Board declined to reconunend an expansion of the referral to others than on the city Council, but does reconunend the application of the rule to Councilmembers, which is consistent with the Council referral. DISCUSSION: The City Attorney concurs with the reconunendation of the Board of Ethics. FISCAL IMPACT: N/A C:\eth1c8\228050..e. ~-.,2., AN ORDINANCE OF THE CITY OF CHULA AMENDING SECTION 2.28.050 OF THE CH MUNICIPAL CODE RELATING TO THE CO TO PROHBIT EMPLOYMENT OF COUNCILMEMBER FOR A PERIOD OF LEAVING OFFICE ;\\o~ #'X ~~ A STA ETHICS ER CITY YEAR AFTER ORDINANCE NO. .J.t,29 The City Council of the City of Chula vista does hereby ordain as follows: SECTION I: That section 2.28.050 of the Chula vista Municipal Code is hereby amended to read as follows: Sec. 2.28.050 Unethical Conduct. A. General Policy. One of the highest callings is that of public service. with that service comes a requirement to conduct oneself in a manner above reproach, since the citizens of the community expect and deserve a high standard of conduct and performance. This Code of Ethics provides the following general guidelines and specific prohibitions to which City officials must conform in the pursuit of their assigned duties and responsibilities. 1. All City officials should endeavor to fulfill their obligations to the citizens of Chula Vista, city management and fellow employees through respect and cooperation. They should strive to protect and enhance the image and reputation of the City, its elected and appointed officials, and its employees. All citizens conducting business with the City shall be treated with courtesy, efficiency and impartiality and none shall receive special advantage beyond that available to any others. Officials shall always be mindful of the public trust and confidence in the daily exercise of their assigned duties, striving to conserve public funds through diligent and judicious management. B. Specific prohibitions. City officials (including non-paid commission, board and committee members) shall be considered to have committed unethical conduct if any of the following occur: 1. Used one's position or title for personal gain but not found to be an act of illegality or conflict of interest by the District Attorney, Grand Jury or Fair Political Practices commission. 1 ~-:J 2. Knowingly divulge confidential information for personal gain or for the gain of associates in a manner disloyal to the city. 3. Knowingly make false statements about members of the City Councilor other City employees that tend to discredit or embarrass, those persons. 4. Used or permitted the use of City time, personnel, supplies, equipment, identification cards/badges or facilities for unapproved non-City activities, except when available to the general public or provided for by administrative regulations. 5. No ex-City officer for a period of one year after leaving office or employment, shall, for compensation, act as agent or attorney for, or otherwise represent, any other person by making any oral or written communication, before any City administrative office or agency, or officer or employee thereof, if the appearance or communication is made for the purpose of influencing administrative action, or influencing any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property. 6. Endorsed or recommended for compensation any commercial product or service in the name of the city or in the employee's official capacity wi thin the city without prior approval by a City Council policy. 7. No member of the Citv Council shall be eliqible. for a oeriod of one vear after leavinq office. for emolovrnent bv. or be on the oavroll of. or be aoaid consultant or oaid contractor to the citv. or to anv entitv controlled bv the citv or the City Council ("Controlled Entities") . or to anv entitv which receives a maioritv of its fundinq from the city or of its Controlled Entities. exceot bY the oermission of the Council findinq on 4/5ths vote that soecial identified and articulated circumstances exist. cast at a reqular oublic meetinq taken after the involved member of the Citv Council has left office. SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. prz I!, ~ and oved as to form by Bruce M. ity Attorney 2 t-'1 Board of Ethics 2-27-95 Minutes Page 2 Aqenda Item No. 4 citv Council Aqenda Prohibitinq Emplovment of a Former Elected citv Period of One Year after Leavinq Office. Item relatinq to Officeholder for a Member Herney questioned the Board of Ethics or responded it was sent to whether the Council the city Attorney. the City Attorney. referral was sent to Attorney Boogaard Mr. Boogaard informed the Board that the item was removed from the 2/28/95 Council meeting due to some questions raised by Administration during the tentative agenda meeting. various scenarios of employment and contract work were discussed regarding board/ commission members, Councilmembers, City Attorney" city Manager and/or City Clerk, with the conclusion being reached that board and commission members should be excepted from the provision. MSUC (Herney/McNutt) to change the words "Covered Official" in Paragraph 7 of section 2.28.050 to "member of the City Council" and to eliminate any reference to "Covered Official" in Section 2.28.020. MSUC (Villegas/Carson) to allow Susan Herney to leave the meeting at 4:40 p.m. Aqenda Item No. 5 - Ethics Traininq Update. It was reported that Toni McKean, the city's Training Coordinator, would be attending the Josephson Institute's Train-the-Trainer session in Washington during March. She was also coordinating a Saturday date when the council and Attorney were available for the ethics training session with a June date being a possible selection. Aqenda Item No. 6 - Ethics Ordinance Amendment. Due to the lateness of the hour, it was decided to hold this item over to the next agenda, with said item being placed first on the agenda in order for the Board to devote an hour's time to working on it. MSUC (Schulman/Carson) to adjourn at 5:00 p.m. to the next meeting scheduled for March 6, 1995 at 3:30 p.m. c{J~~ Lorraine Kraker t-f THIS PAGE BLANK ~..-t- . ., COUNCIL AGENDA STATEMENT Item 7 Meeting Date 3/28/95 B. Resolution / ?1fJ/ 7 Approving Supplemental Subdivision Improvement Agreement Requiring Developer to Comply with Certain Unfulfilled Conditions of Resolutions No. 17797, 17618 and 15200 Approving a Tentative Subdivision Map for Parcel R-15 and Authorizing the Mayor to Execute Same. Resolution J 7 '!'JI ~ Approving Final Map and Subdivision Improvement Agreement for Chula Vista Tract 95-02, Eastlake South Greens, Unit 15 ITEM TITLE: 1/. SUBMITTED BY: Director of Public Work ~f'L Director of Planning ~~ . \ -'7 City Manage~ (4/5ths Vote: Yes_NoX) REVIEWED BY: On January 24, 1995, by Resolution 17797 xhibit A) the City Council approved the Tentative Subdivision Map for Chula Vista Tract 95-02, Parcel R-15 of Eastlake South Greens. Previous Council actions affecting this development include: I) Tentative Subdivision Map for Chula Vista Tract 88-03, Eastlake Greens (original TM) on July 18, 1989, by Resolution 15200 (Exhibit B); and 2) Amended Tentative Subdivision Map for Chula Vista Tract 88-03, Eastlake Greens (amended TM) on August 1994, by Resolution No. 17618. All of three of these resolutions contain conditions of approval for development of Parcel R-15. The final map for Eastlake South Greens, Unit 15 (Unit 15), is now before Council for approval. RECOMMENDATION: That Council adopt the resolution approving the final map, subdivision improvement agreement and the supplemental subdivision improvement agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The project is generally located on the east side of South Greensview Drive south of Clubhouse Drive and consists of 64 lots for single family residential units, three lettered lots for open space and I numbered lot as a view corridor access to the Eastlake golf course. The final map for Chula Vista Tract 95-02, Eastlake Greens Unit 15, has been reviewed by the Public Works Department and found to be in substantial conformance with the approved tentative map. Approval of the final map constitutes acceptance by the City on behalf of the public, of Boulder Creek Street, Crystal Springs Drive, and a portion of South Greensview 7-/ Page 2, Item 7 Meeting Date 3/28/95 Drive. Approval of the final map also constitutes acceptance on behalf of the City the following easements: a 5.5 foot tree planting and maintenance easement along Boulder Creek Street and Crystal Springs Drive; a 5.5 foot sidewalk easement along South Greensview Drive; a 10 foot general utility easement along South Greensview Drive; and a general utility and public access easement across Lot 65 (view corridor lot). Approval of this map also rejects offer of dedication for open space Lots A, B and C, all as shown on the final map. However, the City reserves the right to accept the rejected open space lots in the future per Section 66477.2 of the Subdivision Map Act. The developer has executed a Supplemental Subdivision Improvement Agreement to satisfy the following conditions: 1. Condition Nos. 30 and 31c of Resolution 15200. a. Condition No. 30 requires the developer to agree that the City may withhold building permits for any units in the subdivision if traffic on Otay Lakes Road, Telegraph Canyon Road, EastLake Parkway, or East "H" Street exceed the levels of service identified in the City's adopted thresholds. b. Condition 31c requires the developer to agree to not protest formation of an assessment district for the construction of street improvements to extend Orange Avenue and Palomar Street and to not protest inclusion of the subject improvements as projects in the Eastern Territories Development Impact Fee system. 2. Condition No. 35 of Resolution 17618 requires the developer to comply with the terms and conditions of the AcquisitionlFinancing Agreement for Assessment District 94-1, CO 94-064. 3. General Condition "D" and Condition Nos. 23-25 of Resolution 17797. a. General Condition "D" requires the developer to comply with all unfulfilled conditions of approval of the Eastlake Greens Tentative Map, Chula Vista Tract 88-3 established by Resolution No. 15200, and amended by Resolution 17618, and to remain in compliance with and implement the terms, conditions and provisions of Eastlake Greens Sectional Planning Area, Eastlake Greens Planned Community District Regulations, the Eastlake Greens Development Agreement, the Water Conservation Plan and the Air Quality Plan, Design Guidelines and the Public Facilities Financing Plan. b. Condition 23 requires the developer to agree to indemnify and hold harmless the City from any claims, actions or proceedings against the ?~;2, Page 3, Item 7 Meeting Date 3/28/95 City to attack, set aside, void or annul any approval by the City with regard to the subject subdivision. c. Condition 24 requires the developer to agree to hold the City harmless from any liability for erosion, siltation, or increased flow of drainage resulting from the subject subdivision. d. Condition 25 requires the developer to agree to insure that all franchised cable television companies are permitted equal opportunity to place conduit and provide cable television service to each lot within the subject subdivision. The developer has also executed a Subdivision Improvement Agreement for this map and provided bonds to guarantee construction of the required public improvements (CV drawings 95-27 through 95-31), has paid all applicable fees and has provided a bond to guarantee the monumentation for said subdivision. The agreements are now before Council for approval. With the submittal of bonds and approval of the agreements, the developer has satisfied all remaining conditions of approval for the final map with the exception of Condition 44 from Resolution No. 15200. Condition 44 from Resolution 15200 requires the developer to implement a low and moderate income housing program with a goal of 5% low and 5% moderate income housing. Condition 44 included a deferral of the affordable housing requirement. However, subsequent adoption of Resolution 17309 reinstated the affordable housing requirement and additionally required that all subsequent final maps adhere to the affordable housing program condition. Resolution 17309 also directed the creation of an Ad Hoc Eastlake Affordable Housing Task Force for the express purpose of creating an affordable housing implementation program for the entire Planned Community of Eastlake I, II & III and the Land Swap Parcels. The Planning and Community Development Departments are scheduled to bring the proposed program for review by the City Council within the next two months. Approval of the final map for Unit 15 will leave a total of 1,463 units (52%) remaining to be final mapped within the Eastlake Greens Master Tentative Map. Draft findings of the affordable housing program indicate that none of the units covered by the final map for Unit 15 are proposed as low income housing units and that moderate-income units can be provided by market-rate housing units. To assure continued progress in the development of the affordable housing program for the Eastlake Greens, and until the program is adopted, final maps will be analyzed on a case-by-case basis. In staff s opinion, approval of Unit 15 final map will not impact the City's ability to obtain compliance with the affordable housing requirement for Eastlake Greens. No additional final maps creating residential units for Eastlake Greens are expected to be presented to Council for approval prior to adoption of the Eastlake Affordable Housing Program. It should be noted that the possibility of a tax credit affordable apartment project of approximately 120 units has been pursued with EastLake. This project is larger but otherwise 7~3 Page 4, Item--Z- Meeting Date 3/28/95 similar to the Cordova project recently approved for funding in Rancho del Rey. The project would be a joint venture by Bridge Housing Corporation and South Bay Community Services, and it would involve a subsidy from the City and a land write-down by EastLake. The project is targeted for Parcel R-26, which is one of the primary affordable housing sites identified by the Task Force. The Task Force has been fully advised of the potential project on R-26, and it is felt that the Task Force has been optimistic about achieving the affordable housing goals in part in anticipation of that project. However, it appears that the project is not progressing as anticipated. Negotiations between EastLake and the joint venture are on hold, and we are informed that EastLake is researching other alternatives to satisfying the affordable housing obligation. Discussions between EastLake and City staff on this issue are pending, and the Council will be kept informed. Without the near-term delivery of a project like the tax-credit apartment project on R-26, it will be important to assure that the performance guarantees in the Affordable Housing Agreement that results from the Task Force process are clear and fully secured, most likely with performance bonding or collateralization through land encumbrance. In the meantime, while this issue is being worked out and the Task Force report is being processed and brought forward to the Council, staff feels that the City's interests are sufficiently protected by the number of units that can be conditioned that will remain after the potential approval of the subject final map. A plat is available for Council viewing. FISCAL IMPACT: None. All Staff costs associated with processing of improvement plans and final maps will be reimbursed from developer deposits. Attachments: Exhibit A - Resolution 17797 & Minutes of 1/24/95 (excerpt) Exhibit B - Resolution 17618 & Minutes of 8/16/94 (excerpt) Exhibit C - Resolution 15200 Exhibit D - Plat - Eastlake South Greens Unit 15 Exhibit E - Disclosure Statement EY-4Q5 hno (m:\home\engineer\agenda\unitlS.lmc) 032895 7-'1 EXHlerr II ...... ~#-I RESOLUTION NO. 17797 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING CONDITIONS ON THE TENTATIVE SUBDIVISION MAP FOR UNIT 15 AT EASTLAKE SOUTH GREENS. CHULA VISTA TRACT 95-02, MAKING THE NECESSARY FINDINGS AND READOPTING THE MITIGATED NEGATIVE DECLARATION AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR IS-94-19 I. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, is commonly known as Unit 15 of EastLake Greens Tentative Subdivision Map, Chula Vista Tract 88-3; and for the purpose of general description herein consists of 11.9 acres located on the aast side of South Greensview Drive approximately 300 ft. south of Clubhouse Drive within the EastLake Greens Sectional Planning Area of the EastLake Planned Community ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on August 18, 1994 EastLake Development Company ("Developer") and Western Salt Company ("Owner") filed a tentative subdivision map application with the Planning Department of the City of Chula Vista and requested approval of the Tentative Subdivision Map for Unit 15 at EastLake South Greens, Chuta Vista Tract 95-02 in order to subdivide the Project Site into 68 lots ("Project"l; and. C. Prior Discretionary Approvals WHEREAS. the development of the Project Site has been the subject matter of 1) a General Development Plan. EastLake II (EestLake I Expansion) General Development Plan previously approved by City Council Resolution No. 15198 ("GDP"); 2) the EastLake Greens Sectional Planning Area Plan, previously adopted by City Council Resolution No. 15199 I"SPA"); and 3) a Tentative Subdivision Map, previously approved by City Council Resolution No. 15200 ("TSM"). Chula Vista Tract 88-3, all approved on July 18, 1989; 4) an Air Quality Improvement Plan, EastLake Greens Air Quality Improvement Plan IAOIP); and 51 a Water Conservation Plan, EastLake Greens Water Conservation Plan (WCP); both previously approved by City Council Resolution No. 16898 on November 24, 1992; and 6) a GDP,SPA, TSM, AOIP and WCP amendment previously approved by City Council Resolution No. 17618 on August 16, 1994; and, fY1' 7-S Resolution No. 17797 Page 2 D. Planning Commission Record on Application ) WHEREAS. the Planning Commission held In advertised public hearing on slid project on December 21, 1994. IInd voted (4-0) to recommend that the City Council approve the Project, based upon the findings and subject to the conditions listed below. E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on January 24, 1995. on the Project and to receive the recommendations of the Planning Commission. and to hear public testimony with regard to same; and, NOW. THEREFORE. BE IT RESOLVED thatthe City Council does hereby find. determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this project held on December 21. 1994. and the minutas and resolutions resulting therefrom. ere hereby incorporllted into the record of this proceeding. III. MITIGATED NEGATIVE DECLARATION REVIEWED AND CONSIDERED; MITIGATION MONITORING AND REPORTING PROGf\AM; FINDINGS; APPROVALS A. Mitigated Negative Declaration The City Council of the City of Chula Vista has reviewed. analyzed and considered the previously approved Mitigllted Negative Declllration on IS-94-19 (known es Document No. C094-180 on file in the Office of the City Clerk) and comments thereon. the environmentlll impacts therein identified for this project and the Mitiglltion Monitoring IInd Reporting Progrllm ("Program"' (known as Document No. C094-181 on file in the Office of the City Clerk) thereon prior to approving the Project. BaslId on the Initial Study IInd comments thereon. the Council finds that there is no substllntilll evidence thllt the Project will have a signifiCllnt effect on the environment and thereby readopts the Mitigated Negative Declllrlltion. B. Mitiglltion Monitoring IInd Reporting Progrllm The City Council of the City of Chula Vista finds thllt the significant environmentlll effect(s) identified in the Mitigllted Neglltive Declaration will be reduced to below a level of signifiCllnce if the mitigation measures in the Mitiglltion Monitoring and Reporting Program Ire implemented. The Mitiglltion ~ 7~? Resolution No. 17797 Page 3 Monitoring and Reporting Program is hereby readopted to ensure that its provisions are complied with. IV. CERTIFICATION OF COMPLIANCE WITH CECA The City Council does hereby find that the Mitigated Negative Declaration on 15-94- 19 and Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines. and the Environmental Review Procedures of the City of Chula Vista~ V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that Mitigated Negative Declaration IS-94- 19 reflects the independent judgment of the City of Chula Vista City Council. VI. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map as conditioned herein for Unit 15 at Eastlake South Greens. Chula Vista Tract No. 95-02 is in conformance with the elements of the City's General Plan. based on the following: a. Land Use The proposed density of 5.4 dulac is in compliance with the previously approved EastLake Greens SPA Plan density range (5-15 du/ac) for the subject parcel. b. Circulation All of the on-site and off.site public streets required to serve the subdivision will be constructed or DIF fees paid by the developer in accordance with the EastLake Greens Public Financing Plan and Development Agreement. The public streets within the subdivision will be designed in accordance with the City design standards andlor requirements. The adjoining street system was designed to handle the anticipated flow of traffic from this and other area projects. c. Housing The EastLake Greens SPA Plan area has been conditioned to provide a ~ /-7 Resolution No. 17797 Page 4 ) minimum of 10% affordable housing including a mix of housing types and lot sizes for single-family, townhouses, condominium and various apartment densities that will provida a wide spectrum of housing prices for persons of various incomes. The proposed single-family datached residential housing type is consistent with the EastLake Greens SPA Plan. d. Conservation The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for 15-94-19 addressed the goals and policies of the Conservation Element of the General Plan and found the davelopment of this site to be consistent with these goals and policies. e. Parks and Recreation, Open Space The project site is located within the EastLake Greens SPA Plan area. The EastLake Greens SPA Plan provides public parks, trails and open space consistent with City policies. The project will implement in part conditions of approval for tha EastLake Greens SPA Plan requiring the provision/construction of a golf course trail. f. Seismic Safety ) The proposed subdivision is in conformance with the goals and pOlicias of tha Seismic Element of the General Plan for this site. g. Safety The Fire Department and other emergency servica agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal maets the City Threshold Standards for emergency services. h. Noise Noise mitigation measures included in the Environmental Impact Report SEIR-86-o4 and Mitigatad Negativa Declaration IS-94-19 adequately address the noise policy of the General Plan. All dwelling units within the project will be required to be designed ao as to not exceed the interior noise level of 45 dBA. Additionally, ell exterior private open apace will be shielded by a combination of earth. berm. wall, and/or buildings to achieve a 65 dBA noise level for outaide private areas. i. Scenic Highway The project aite is not located adjacent to any designated acenic par /,2Y Resolution No. 17797 Page 5 '- highway but a landscaped open space buffer and a decorative wall will be provided along the South Greensview Drive frontage in order to enhance the appearance of the project from tha street. j. Bicycle Routes Bicycle lanes have been incorporated within the EastLake Greens Planned Community area design and are presently in use. The public streets within the project are of adequate width to accommodate bicycle travel within the interior of the subdivision. k. Public Buildings No public buildings are proposed on the project site. The project is subject to RCT fees prior to issuance of building permits. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allows for the optimum siting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. D. The site is physically suitable for rasidential development and the proposal conforms to all standards establishad by the City for such projects. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. VIII. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing Tentative Subdivision Map which is stated to be conditioned on "General Conditions" is hereby conditioned as follows: A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in the Mitigated Negative Declaration IS-94-19 except as modified by this Resolution. ft7tJ ?~9 Resolution No. 17797 Page 6 B. Implement Mitigation Measures Developer shall diligently implement. or cause the implementation of. all mitigation measures pertaining to the Project identified in the Final Supplemental Impact Report for Eastlake Greens FEIR-86-o4 and Mitigated Negative Declaration 15-94-19. C. Implement the Mitigation Monitoring and Reporting Program Developer shall implement. or cause the implementation of. all portions of 15- 94-19 Mitigation Monitoring and Reporting Program pertaining to the Project. D. Implement previously adopted conditions of approval pertinent to project. Unless otherwise conditioned. developer shall comply with all unfulfilled conditions of approval of the EastLake Greens Tantative Map. Chula Vista Tract 88-3 established by Resolution No. 15200 approved by Council on July 18. 1989 and shall remain in complianca with and implament tha terms. conditions and provisions of Eastlaka Graans Sectional Planning Area. Eastlake Greens Planned Community District Regulations. the Eastlake Greans Davelopment Agreement. the Water Conservation Plan and the Air Quality Plan. Design Guidelines and the Public Facilities Financing Plan. E. Implement Public Facilities Financing Plan ) Devaloper shall install public facilities in accordanca with the Eastlake Greens Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning Director may. at their discretion. modify the sequence of improvement construction should conditions change to warrant such a revision. F. Project Phasing Developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of any final map. if phasing is proposed within an individual map or through multiple final maps. The phasing plan shall include: a. A sita plan showing the lot lines and lot numbers. the phase lines and phase numbers and number of dwelling units in each phase. b. A table showing the phase number. the lots included in the phase and the number of units includad in each phase. Improvements. facilities and dedications to be provided with each phasa or unit of development shall be as detarmined by the City Engineer and Director of ~ 7~)i/ Resolution No. 17797 Page 7 Planning. The City reserves the right to conditional approval of each final map with requirement to provide said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Planning Director may at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revisions. IX. SPECIAL CONDITIONS OF APPROVAL Prior to approval of the final map unless otherwise indicated, the developer shall: STREETS. RIGHTS-OF-WAY AND IMPROVEMENTS 1. Submit for approval by the City Engineer detailed improvement plans in accordance with Chula Vista Design Standards, Chula Vista Straet Standards, and the Chula Vista Subdivision Manual. Street sections shall comply with current City street design standards unless otherwise approved by the City Engineer. 2. Grant a 5.5' tree planting and maintenance easement to the City along Street "A" and "B". 3. Grant a 10' general utility easement along the frontage with South Greensview Drive of Lots A, B, and C. 4. Submit hydrologic and hydraulic studies and calculations, including dry-lane calculations for Street "A" and "B". 5. Submit and obtain approval from the Director of Planning and City Engineer for street names. 6. Develop the golf course view corridor parcel (Lot D) in accordance with the Golf Course Trail conceptual development plan attached thereto and made a part thereon and construct all improvements indicated thereon concurrently with the. improvement of Street "A" and "B". 7. Provide temporary turnarounds for emergency vehicle access at all unit boundaries to the satisfaction of the Fire Marshal. 8. Provide minimum horizontal curve radii for all sanitary sewers of 200'. 9. Locate street lights to the setisfaction of the City traffic engineer. 10. Present written verification to the City Engineer from Otay Water District that the subdivision will be providad .adequate water service and long term water storage facilities. y 7~/1 Resolution No. 17797 Page 8 GRADINGIDRAINAGE 11. Submit for approval by the. City Engineer a detailed grading plan in accordance with the Chula Vista Grading Ordinance 1741. 12. Provide an updated soils report or an addendum to the original document prepared by a registered engineer. as required by the City Engineer. 13. Obtain a letter of permission to grade for all off-site grading. 14. Show the cut/fillline on the grading plans and provide a list of lots indicating those lots located on cut. fill or transition. OPEN SPACE/ASSESSMENTS 15. Golf course view corridor Lot D shall be privately maintained and shown on the final map to be granted to the development's homeowners' association pursuant to CVMC 18.20.150. 16_ Grant to the City a public access easement over Lot D. 17. Offer to grant in fee to the City Open Space lots A-C as shown on the approved tentative map. The City Clerk's statement on the final map shall indicate rejection of said lots subject to future acceptance in accordance with the State Map Act. ) 18. Submit a list of all facilities located in Open Space lots A-C proposed to be maintained by the existing Eastlake Maintenance Oistrict No.1. This list shall include a description, quantity and unit price per year for the perpetual maintenance of all facilities located on open space lots to include but not be limited to: walls, fences, water fountains. lighting structures. paths. access roads. drainage structures and landscaping. Only those items on an open space lot are eligible for open space maintenance. Each open space lot shall also be broken down by the number of acres of turf. irrigated. and non-irrigated open space to aid the estimation of a maintenance budget thereof. 19. Pay additional fees on a fair-share basis into Assessment District Numbers 90- 3. 91.1 or other applicable essessments districts due to a change in units approved subsequent to District formation as determined by the City Engineer. 20. Pay all costs associated with apportionment of assessments for all City assessment districts as a result of subdivision of lands w.ithin the project boundary. Request apportionment and provide a deposit to the City estimated at $40/unit/district to cover costs prior to approval of each final map. 21. Prepare a disclosure form to be signed by the home buyer acknowledging that additional fees have been paid into the Assessment District or the ~ 7-/2 Resolution No. 17197 Page 9 Transportation DIF Fund, and that these additional fees are reflected in the purchase price of the home for those units which have a density change from that indicated in the assessment district's Engineer's Report. 22. Submit all disclosure forms for the approval of the City Engineer. AGREEMENTS 23. Agree to defend, indemnify and hold harmlass the City and its agents. officers and employees, from any claim. action or proceeding against the City, or its agents. officers or employees to attack, let aside. void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents. officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim. action or proceeding and on the further. condition that the City fully cooperates in the defense. 24. Agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 25. Agree to insure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules. regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been. or may from time to time be issued by the City of Chula Vista. MISCELLANEOUS 26. Submit a comprehensive landscape plan for lot A. B, C and 0 to the City landscape Architect for review and approval prior to approval of the grading plan. Submit detailed irrigation plans and water management guidelines for all landscaping in accordance with the Chula Vista Design Manual. The landscaping format for the project shall be in substantial conformance with Section 6.4 (General Landscape Concept) of the Eastlake Greens SPA. 27. Tie the boundary of the subdivision to the California System -Zone VI (NAD 1983). 28. Submit copies of each fina' map in a digital format such as (DXF) graphic file prior to approval of each final map. Provide computer aided Design (CAD) copy of the final maps based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 5-114" or 3.112" HD floppy disk prior to the approval - .y- 7-/J Resolution No. 17797 Page 10 of each final map. 29. Update the Eastlake Greens Public Facilities financing Plan es required by Chapter V of said approved document. 30. Satisfy the requirement to pay the Transportation Development Impact Fees (TDIFI prior to final map approval if the fee is financed through an essessment district or pay the TDIF prior to issuance of building permits. X. CODE REQUIREMENT REMINDERS 31. Comply with ell epplicable sections of the Chula Viste Municipel Code. Preparation of the final map end ell plans shall be in eccordance with the provisions of the Subdivision Map Act end the City of Chula Vista current standards, Subdivision Ordinance end Subdivision Manual. 32.. Underground ell utilities within the subdivision in eccordance with Municipel Code requirements. 33. Pey the following fees prior to issuence of building permits in eccordance with the City Code and Council Policy: a. Public Facilities Development Impact Fees. ) b. Signal Perticipation Fees. c. All appliceble sewer fees, including but not limited to sewer connection fees. d. Interim Pre-SR.1 25 impact fee (effective Jenuary 1, 19951. e. Telegraph Cenyon Sewer Pumped Flows DIF. Pay the amount of fees in effect et the time of issuence of building permits. The developer is edvised thet fees periodically change, and that it is the developer's responsibility to contact the appropriata City department or government agency to ascertain the amount of a given fee due to the time of collection. 34. Install required fire hydrents prior to delivery of any combustible construction materials. 35. Provide a brush manegement plan and fire resistive landsceping within open space areas, as required by the Fire Marshal. . J1--Hf 7~ J;I Resolution No. 17797 Page 11 ( XI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. XII. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. XIII. INVALIDITY; AUTOMATIC REVOCATION ( It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked end of no further force end effect eb initio. /t:(/;.! tk Robert A. Leiter Director of Planning y Presented by Bruce M. Boogaard City Attorney ( )Hl7-J5' Resolution No. 17797 Page 12 hO ..;.,.Jr;':...:;., - "~:."''';.''''' '-;...~ ."f.r': J." '."'.ot.i.:...'" ;:I',,:.;~ ;;..,....."':;, ....,'.':....~.,..., /'IIP.",:*':.... ~ · "'-'IIILL M ~ .~ L _ __ ". ..._". 1"'T~"1I:l ELEMENTARY SCHOOL SITE "'- PROJECT LOCATION ) - .J CITY COUN'Y CHULA VISTA PLANNINC DEPARTMENT LOCATOR _. WI.S'I'ERN IALT CO. .-oJICTDD~; C) -, e-t. " CIa...... Dr. .. UIIl: 61 IIIl . iii IiIlOL 10. G_.""" Dr. .....eIo. ..... ou_. MlRTR NONE - PCS.95-02 ~ 7//? Exhibit A Resolution No. 17797 Page 13 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of January, 1995, by the following vote: YES: Councilmembers: Fox, Moot, Rindone, Horton NOES: Councilmembers: None ABSENT: Councilmembers: Padilla ABSTAIN: Council members: None ATTEST: ') f' 'il(.. '(, /, c, (i t.il (~( Beverly A. Authelet, City Clerk STATE OF CALIFORNIA I COUNTY OF SAN DIEGO I ss. CITY OF CHULA VISTA I I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17797 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 24th day of January 1995. Executed this 24th day of January, 1995. ~ 7-/7 MiDules IID\W)' 24, 1995 . Pa,ell SUBSJ'ITUTE MOTION: (RindonelHorton) to continue the Item for three weeks for more Iaformation on Ibe alternatiyes. ApproYed 4-e-l with Padilla absent. 11. PUBLIC HEARING PCS-'S-02 - TENTATIVE SUBDMSlON MAP FOR PARCEL R-lS, TRACT '5-02, WITHIN THE EASJ'LAKE GREENS PLANNED COMMUNITY. WESI'ERN SALT COMPANY - The proposed i. 10 subdivide 11.9 acres of land iDlo 68 1011: 64 sinllle-family nsidentill1ols, three opea IpACe loll, ad ODe llolf course view corridor lot. The project aite i. located OD !be _ aide of South Greeasview Drive, approximately 300 feet lOutb of Clubhouse Drive, witbiD the E...' .I<~ Greeas Plumed Community. Staff ftlCOlDIIleDds approvll of the resolution. (Direclor of PIumin,l) RESOLUTION 177" APPROVING AND IMPOSING CONDITIONS ON TIlE TENTATIVE SUBDMSION MAP FOR UNIT 15 AT EASJ'LAKE SOUTH GREENS, TRACT 'S-02,'MAKlNG THE . NECESSARY FINDINGS AND READOPTING THE MITIGATED NEGATIVE DECLARATION AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR 1S-'4-1' Thi. beiD,l the time IDd place .. uvertised, the public hear1n1l WIll declared opea. There beiD,l DO puhIic -.;.......y, the public hear1n1l WIll closed. RESOLtmON 177" OFFERED BY COUNCILMEMBER RINDONE, readi", of the tat wuftivecl, pIIIed and approved 4-0-1 with Padilla absent. ( 12. PUBLIC HEARING CONSIDERATION TO DETACH FROM OPEN SPACE DISTRICT NUMBER I AND OPEN SPACE DlSJ'RICT NmmER 10 THOSE TERRITORIES WITHIN OPEN SPACE NUMBER 20, TO BE EFFECTIVE FISCAL YEAR 1995/" - The opea IpACe ....;..,.......... dillric:t tbat WIll CIl[laled for !be Rucho del Rey development overl.pped two existin,l opeo apoce districts. Thi. actioa will 001;",;...,. the overlap ad WIll requested hy Rucho del Rey InVestOl'lIO that the ullimate p..rty __ will oaIy have_ opea IpACe district OD their disclosure statement and tax bill. 5ra" ftlCO"'_d. approvII of the .-utiaa. (DincIor of Public Works) Continued from Ibe meetina of 1/17"5. . . RESOLtmON 17788 ORDERING THE DETACHMENT FROM OPEN SPACE DISTRICT NUMBER 1 AND OPEN SPACE DISJ'RICT NmmER 10 THOSE TERRITORIES WITHIN OPEN SPACE NUMBER 20; TO BE EFFECTIVE FISCAL YEAR 1995'" Mayor Hortoa stated the public bearin, had been continue for one weIc 10 Councilmember PadiJJa ~d be ~ because Couucilmemben FOll and Moot had a conflict of interest. Ma10r Borton anIered Ibe public heari", continued to February 14, 1995. ORAL COl\u,nJNICATIONS NODe BOARD AND COl\u,nSSION RECOl\U,fENDATJONS 13. RESOLlmON 177'8 ACCEPTING THE ECONOl\DC DEVELOPMENT COMMISSION (EDC) AND WORKFORCE DEVELOPMENT TEAM (WDT) PROGRESS REPORTS AND APPROVING, IN CONCEPT, TIlE ECONOl\DC DEVELOPMENT COl\f1\DSSION'S NEW FISCAL YEAR 1994"5 GOALSIPRIORlTY PROJECTS AND ENHANCED MARKETING PLAN -The ~c Devclop_t CommisaiOD ia providiDJ ita quarterly report. 5ra" recommends approvll of !be NIOIutiOD. (OIait, ~c Develop_t CommisaiOD) . . ( ~?-/F - EXHJ[JYG' Ey-~cgl RESOLUTION NO. 17618 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING AMENDMENTS AND CONDITIONS ON THE EASTLAKE II (EASTLAKE I EXPANSION) GENERAL DEVELOPMENT PLAN, EASTLAKE GREENS SECTIONAL PLANNING AREA (SPA) PLAN. EASTLAKE GREENS AIR QUALITY IMPROVEMENT PLAN. EASTLAKE GREENS WATER CONSERVATION PLAN AND EASTLAKE GREENS MASTER TENTATIVE SUBDIVISION MAP (PCS.88.3) AND ADOPTING MITIGATED NEGATIVE DECLARATION ON IS-94-19 AND MITIGATION MONITORING AND REPORTING PROGRAM I. RECITALS A. Project Site WHEREAS. the properties which are the subject matter of this resolution are diagrammatically represented in Exhibit 1 and 2 attached hereto end incorporated by this reference. identified es the EestLake Generel Development Plan Area and EastLake Greens SPA Plan Area. end loceted in part in the City of Chula Vista ("Project Site") and. B. Project; Application for Discretionary Approval WHEREAS. on March .21. 1994, the EastLake Development Company ("Developer") filed epplications for en amendment to: 11 the EestLeke II (EastLake I Expension) General Development Plan. known as document number C094-183. e copy of which is on file in the office of the City Clerk. 2) the EastLake Greens Sectional Planning Area Plan, known as document number C094-184. a copy of which is on file in the office of the City Clerk. 3) the EastLeke Greens Air Quelity Improvement Plan. known as document number C094-185. a copy of which is on file in the office of the City Clerk. 4) the EestLeke Greens Weter Conservation Plan, known es document number C094- 186. a copy of which is on file in the office of the City Clerk, and 5) the EastLake Greens Master Tentative Map. known as document number C094- 187. a copy of which is on file in the office of the City Clerk. ("Project"); end. C. Prior Discretionary Approvels WHEREAS. the development of the Project Site has been the subject metter of 1) a Generel Development Plen, EestLeke II (EestLeke I Expension) Generel Development Plen previously epproved by City Council Resolution No. 15198 ("GDP"I; 2) the EestLeke Greens Sectionel Plenning Area Plen, previously adopted by City Council Resolution No. 15199; (SPA) and 3) e Tentetive Subdivision Mep previously approved by City Council Resolution No. 15200 (TSM) Chule Viste Trect 88-3. all approved on July 18, 1989; and. 4) en Air y 7~/( Resolution No. 17618 Page 2 . , Quality Improvement Plan (Eastlake Greens Air Quality Improvement Plan) and 5) a Water Conservation Plan (EastLake Greens and Water Conservation Plan). both previously approved by the City Council on November 24. 1992. by Resolution No. 16898; and D. Planning Commission Record on Application WHEREAS. tha Planning Commission held an advertised public hearing on said project on July 27, 1994. and voted to recommend that the City Council approve the Project. based upon the findings and subject to the conditions listed below. E. City Council Record of Applications WHEREAS. a duly called and noticed public hearing was held befora tha City Council of the City of Chula Vista on August 16, 1994, on the Discrationary Approval Applications. and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and. F. Discretionary Approvals Ordinances WHEREAS. at the same City Council meeting at which this Resolution was approved (August 16. 1994). the City Council of the City of Chula Vista approved for first reading Ordinance No. 2600 prezoning 22.7 acres of unincorporated land to P-C (Planned Community) and Ordinance No. 2601 amending the Eastlake II (Eastlake I Expansion) Planned Community District Regulations Land Use District Map. ) NOW. THEREFORE. BE IT RESOLVED that the City Council does haraby find. datermine and resolve as follows: II. PLANNING COMMISSION RECORD Tha proceedings and all evidence introduced before tha Planning Commission at their public hearing on this project held on July 27, 1994, and tha minutas and rasolutions resulting therefrom, are hereby incorporated into the record of this proceading. III. MITIGATED NEGATIVE DECLARATION REVIEWED AND CONSIDERED; MITIGATION MONITORING AND REPORTING PROGRAM; FINDINGS; APPROVALS A. Mitigated Negative Declaration The City Council of tha City of Chula Vista has reviewed. analyzed and considered Mitigated Negative Decleration on IS-94-19. known as document number C094-180. a copy of which is on file in the office of the City Clerk. ~ 7/..2-tl Resolution No. 17618 Page 3 and comments thereon, the environmental impacts therein identified for this project end the Mitigation Monitoring and Reporting Program ("Program"), known as document number C094- 181, a copy of which is on file in the office of the City Clerk, thereon prior to approving the Project. Based on the Initial Study and comments thereon, the Council finds that there is no substantial evidence that the Project will have a significant effect on the environment and thereby approves the Mitigated Negative Declaration. B. Mitigation Monitoring and Reporting Program The City Council of the City of Chula Vista finds that the significant environmental effecUs) identified in the Mitigation Negative Declaration will be reduced to below a level of significance if the mitigation measures in the Mitigation Monitoring and Reporting Program are implemented. The Mitigation Monitoring and Reporting Program is hereby approved to ensure that its. provisions are complied with. IV. CERTIFICATION OF COMPLIANCE WITH CEOA The City Council does hereby find that the Mitigated Negative Declaration on IS-94-19 and Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California Environmental Ouality Act, the State ErR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that Mitigated Negative Declaration IS-94- 19 reflects the independent judgment of the City of Chuta Vista City Council. VI. GDP FINDINGS A. THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL DEVELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF THE CHULA VISTA GENERAL PLAN. The amended EastLake II IEastLake I Expansion) General Development Plan reflects land use densities and circulation system design that Ire consistent with the Chula Vista General Plan Land Use and Circulation Elements. B. A PLANNED COMMUNITY DEVELOPMENT CAN BE INITIATED BY ESTABLISHMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE. ~/ 7~~ ) Resolution No. 17618 Page 4 A SPA Plan has already been approved for the development of the planned community and amendments thereto conforming to 'the amended GDP are included in the Project: C. IN THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT IT WILL BE IN HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OFTHE SURROUNDING AREA, ANDTHATTHE SITES PROPOSED FOR PUBLIC FACILITIES, SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS, ARE ADEQUATE TO SERVE THE ANTICIPATED POPULATION AND APPEAR ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF. The residential densities and transfers reflected on the amended GDP are compatible with the pattern and character of development approved with the original GDP, and can be adequately served by the public facilities incorporated therein. D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVER.ALL DESIGN TO THE PURPOSE INTENDED; THAT THE. DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The emendments do nOt involve areas planned for industrial or research uses. E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVER.ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The amendments to the trails program will contribute to a less hazardous and thus improved recreational amenity which will have less potential to conflict with surrounding development. F. THE STREETS AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The revised alignment of E, Orange Avenue reflected on the amended GDP is consistent with the alignment approved with the recent General Plan Amendment for the area. G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED y ?-.22 Resolution No. 17618 Page 5 ECONOMICALLY AT THE LOCATION(SI PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION(S). The amendments do not involve areas planned for commercial uses. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The amendments are consistent with the previouslV approved plans and regulations applicable to surrounding areas. VII. SPA FINDINGS A. THE SECTIONAL PLANNING AREA PLAN AS AMENDED IS IN CONFORMITY WITH THE EASTLAKE II (EASTLAKE I EXPANSION) GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. t The amended EastLake Greens Sectional Planning Area Plan reflects land use, circulation system, and public facilities that are consistent with the EastLake II (EastLake I Expansion) General Developmant Plan and the Chula Vista General Plan. B. THE EASTLAKE GREENS SECTIONAL PLANNING AREA PLAN, AS AMENDED WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The SPA Plan, as amended allows, in the context of market demand a more logical transition of construction within the East1.8ke Greens Planned Community, consistent with the phasing of internal and external infrastructure, and the amendments have been found to be consistent with the EastLake II (EastLake I Expansion) Public Facilities Financing Plan, Air Qualitv Improvement Plan, and Water Conservation Plan. C. THE OTC SECTIONAL PLANNING AREA PLAN AS AMENDED WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION, OR ENVIRONMENTAL QUALITY. The land uses within the EastLake Greens SPA area represent the lime uses approved bv the EastLake II (EastLake I Expansion) General Development Plan. VIII. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, ~ 7~2] Resolution No. 17618 Page 6 the City Council finds that the Tentative Subdivision Map as conditioned herein for Eastlake Greens. Chula Vista Tract No. PCS-88-3 is in conformance with "the elements of the City's General Plan, based on the following: a. land Use Element The General Plan designates the Eastlake Greens residential areas for Low-Medium (3-6 du/ac) density development. The proposed addition of 22.7 acres at the mid-point of the Low-Medium density range (4.5 du/ac) is consistent with the previously approved land use intensity. The project. as conditioned. provides a wide landscape buffer along the north side of E. Orange Avenue. in conformance with landform grading and scenic highway principles of the General Plan. b. Circulation Element All of the on-site and off-site public streets required to serve the subdivision will be constructed or DIF fees paid by the developer in accordance with the Eastlake Greens Public Facilities Financing Plan and Development Agreement. Bicycle paths have been incorporated within the EastLake Greens community area and will be constructed as part of the project. ) c. Housing Element The proposed project will provide a minimum of 10% affordable housing including a mix of housing types and lot sizes for single-family. townhouses. condominium and various apartment densities that will provide a wide spectrum of housing prices for persons of various incomes. d. Parks and Recreation Element The subdivision will provide approximately 37.4 acres of improved community and neighborhood parks in accordance with locations and standards of the General Plan. The required park acreage for EastLake Greens is 26.6 acres. e. Public Facilities Element The project is obligated in the conditions of approval to participate in providing the water facilities. wastewater facilities and drainage facilities required by the policies of the General Plan. Public building sites are included within the subdivision; however. these ~ 7~-2t( Resolution No. 17618 Page 7 sites will not be affected by the proposed amendment. f. Open Space and Conservation Element The proposed subdivision is in conformance with the goals and policies of the General Plan element for this site. g. Safety Element The project site is considered a seismically active area. although there are no known active faults on or adjacent to the property. The fire protection facilities and services needed to serve the project have been reviewed by the Fire Department. Other emergency service agencies have reviewed the proposed subdivision for conformance with safety. policy. The Project. es amended. will not increase the need for additional police and fire personnel. h. Noise Element ( Noise mitigation measures included in the Environmental Impact Report SEIR-86-04 and Mitigated Negative Declaration IS.94.19 adequately address the noise pOlicy in the General Plan. All dwelling units within the project will be required to be designed so as to not exceed the interior noise level of 45 dBA. Additionally, all exterior private open space will be shielded by a combination of earth. berm. wall. and/or buildings to achieve a 65 dBA noise level for outside private areas. B. Pursuant to Section 66412.3 of the Subdivision Map Act. the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. C. The configuration. orientation and topography of the site partially allows for the optimum siting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. D. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. X. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing Discretionary Approvals Amendments which are stated to be conditioned on .General Conditions. ere hereby conditioned as follows: A. Project Site is Improved with Project ~ 7;~/ Resolution No.1 7618 Page 8 Developer. or their successors in interest. shall improve the Project Site with the Project as described in the Mitigated Negative Declaration. except as modified by this Resolution. B. Implement Mitigation Measures Developer shall diligently implement, or cause the implementation of, all mitigation measures pertaining to the Project identified in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. C. Implement the Mitigation Monitoring and Reporting Program. Developer shall implement. or cause the implementation of, all portions of the Mitigation Monitoring and Reporting Program pertaining to the Project and Mitigated Negative Declaration IS-94-19 . D. Update Documents Twenty-five (25) copies of replacement pages. exhibits, maps and plans reflecting the amendments approved herein shall be submitted to the Planning Department within two weeks of approval of this resolution. XI. SPECIAL CONDITIONS OF APPROVAL A. Sectional Planning Area (SPA) Plan ) 1. Final assessment and determination of parkland requirements for single family detached condominium developments shall be conducted during the Design Review and/or Tentative Map processing staga of each individual project. Updated cumulative parkland data shall be submitted with each development proposal to the Director of Parks and Recreation for review and approval. 2. Final Golf Course Trail end Golf Course Vista Point design shall be subject to review and approval by the Director of Parks and Recreation end the Director of Planning. Detailad design information for the .Vista Points" shall be submitted for review in conjunction with the associated parcels within which they are located. Said "Vista Points. shall be improved prior to or concurrently with each development proposal. B. Tentative Subdivision Map Conditions Prior to epproval of the associated/applicable final map, unless otherwise indicated, the developer shall: GENERALfPRELlMINARY ~ 7~;Ltf, Resolution No. 17618 Page 9 ,. Comply with all unfulfilled condition of approval of the Eastlake Greens Tentative Map. Chula Vista Tract 88-3 established by Resolution No. '5200 approved by Council on July' 8. '989. 2. If phasing is proposed within an individual map or through multiple final maps. submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of any final map which includes phasing. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning. The City reserves the right to conditionally approve each final map with the requirement to provide improvements. facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Planning Director may. at their discretion, modify the sequence of improvement construction should conditions change to warrant such revision. STREETS. RIGHTS-OF-WAY AND IMPROVEMENTS 3. Dedicate on-site and off-site street right-of-way for the construction of East Orange Avenue from its intersection with Hunte Parkway to the westerly subdivision boundary. t 4. Design southerly knuckle on Street PP to conform to City design standards. 5. Provide to the City a letter from Otay Municipal Water District indicating that the assessments/bonded indebtedness for all parcels dedicated to the City have been paid or that no assessments exist on the parcellsl. 6. Present written verification to the City Engineer from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. 7. Grant to the City a 10-foot wide utility easement adjacent to the street right-of-way within the open space lots in Units 4, 10, 12, 15, 18, 2'. 23,26,27,30,31, or as approved by the City Engineer. S. Construct an S' wide sidewalk for the Golf Course Neighborhood Trail as shown on the EastLake Greens Trails Plan along the following streets: a. South Greensview Drive - from Clubhouse Drive to Hunte Parkway. b. Hunte Parkway - from So. Greensview Drive to the southerly boundary of Unit 27. ~ //2 7 Resolution No. 17618 Page 10 c. Clubhouse Drive - along the northerly boundary of Clubhouse Drive. Provide additional right-of-way and lor easements as required by the City Engineer for installation of utilities, street lights, and fire hydrants. 9. Provide for the maintenance of the proposed sewer pump station on East Orange Avenue in accordance with Council Policy # 570-03 edopted by Resolution 17491, and the Agreement to Provide Sewer Pump Station Maintenance for the Eastlake Greens and amendments thereto. 10. Construct South Greensview Drive from the southeasterly limits of Unit 20 to the easterly limits of Unit 38 as shown on the approved revised tentative map when the Average Daily Trips measured on Silverado immediately south of Clubhouse Drive exceeds 1200. 1 1 . Prior to the approval of each final map for the subject development acquire all off-site right-of-way necessary for the installation of the required improvements for that subdivision. Notify the City at least 60 days prior to consideration of a Final Map by City if off-site right-of-way cannot be obtained for the improvements. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition). J After said notification the developer shall: a. Have ell easements and/or right-of-way documents end plats prepared and appraisals complete which are necessary to commence condemnation proceedings. b. Deposit with the City the estimated cost of acquiring said right- of-way or easements. said estimate to be approved by the City Engineer. . c. Pay the full cost. both direct end indirect, of acquiring off-site right-of-way or easements required. The requirements of a.b and c above shall be satisfied prior to approval of the final map for which the off-site right-of-way or easements are required. All off-site requirements which fall under the purviaw of Section 66462.5 of the State Subdivision Map Act will be waived if the City does not comply with the 120 day time limitation specified in the section of the Act. ~ 7-02~ Resolution No. 17618 Page 11 (This condition supersedes Condition of Approval No. 19 for the Eastlake Greens Tentative Map approved by City Council Resolution No. 15200). 12. Street sections shall be revised to reflect current street design standards. Street design standards shall be applicable to future streets. GRADING/DRAINAGE 13. Obtain easements in favor of City for off.site detention basin and storm basin near East Orange/Hunte Parkway intersection as required by City Engineer. 14. Grade 20 foot wide landscape buffer along East Orange Avenue at 5:1 ratio. 15. Relocate detention basin storm drain outlet beyond toe of southerly slope of East Orange Avenue grading. 16. Provide energy dissipators at all storm drain outlets as required by the City Engineer to maintain non-erosive flow velocities. ( 17. Design and line desilting basins with concrete to the satisfaction of the City Engineer. 18. Provide an updated soils report or en eddendum to the original document prepared bye registered engineer, es required by the City Engineer. OPEN SPACE/ASSESSMENTS 19. Agree to grant in fee to the City public access easements over paved walkways to Golf Course Trail vista points as Ipproved by the City Engineer and the Director of Parks & Recreation Deplrtment. 20. Request Innexation into Eastllke Maintenance District '1 of all areas within the tentative map boundary not currently included in the district prior to epproval of the first finel map which includes said areas. Deposit $3,000 to initiate Innexation proceedings. Pay III costs of proceedings. 21. Grant in fee to the City ell open space lots shown on the epproved tentative map to be granted.to the City end execute Ind record a deed for each lot. 22. Submit a list of all facilities located On open space lots proposed to be ft4 7,,21 Resolution No. 17618 Page 12 maintained by the existing Eastlake Maintenance District No.1. This list shall include a description. quantity and unit price per year for the perpetual maintenance of all facilities located on open space lots to include but not be limited to: walls. fences. water fountains. lighting structures. paths. access roads. drainage structures and landscaping. Only those items on an open space lot are eligible for open space maintenance. Each open space lot shall also be broken down by the number of acres of turf. irrigated. and non-irrigated open space to aid the estimation of a maintenance budget thereof. 23. Design landscape buffer for erosion control adjacent to the right-of-way of East Orange Avenue with plant species requiring no permanent irrigation and maintain/replace plantings as necessary for an establishment period of one year or as extended by the City Landscape Architect. City Engineer and Director of Parks & Recreation. Prior to approval of the preliminary landscaping plans. which include portions of or the entire landscape buffer. provide to the City a bond in an amount approved by the City Landscape Architect to guarantee installation maintenance of said landscaping. 24. Pay additional fees on a fair-share basis into the Assessment District Numbers 90-3. 91-' or other applicable assessment districts due to additional units approved subsequent to District formation. 25. Make payment to reduce the debt on any parcels whose density is lower than assumed for the assessment districts at the time of District formation. J 26. Pay all costs associated with apportionment of assessments for all City assessment districts as a result of subdivision of lands within the project boundary. Request apportionment and provide a deposit to the City estimated at $40/unit/district to cover costs prior to approval of a final map for the unit being finaled. 27. Prepare a disclosure form to be signed by the home buyar acknowledging that additional fees have been paid into the Assassmant District or the Transportation DIF Fund, and thet these additional faes are raflected in the purchase price of the home for those units which have a density change from that indicated in the assessment district's Engineer's Report. 28. Submit all disclosure forms for the approval of the City Engineer. 29. The configuration of open space lot -000- shall be maintained as originally approved. 30. The Tentative Subdivision Map shall be revised to incorporate a 75' ~ 7-J8 Resolution No. 17618 Page 13 wide (average) landscape buffer along the north side of East Orange Avenue. 31. The 75' wide landscape buffer along East Orange Avenue shall be graded in accordance with City landform grading principles and shall be subject to review and approval by the City landscape Architect. A landscape plan Is) for the subject scenic highway buffer shall be submitted to the City landscape Architect prior to or concurrently with the first Tentative Subdivision Map or other site plan review application submitted for Parcel R-10 or R-12. AGREEMENTS Enter into an agreement with the City whereby the developer agrees to: \ 32. Defend. indemnify and hold harmless the City and its agents. officers and employees. from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents. officers, or employees with regard to this subdivision provided the City promptly notifies the subdivider of any claim. action or proceeding end on the further condition that the City fully cooperates in the defense. 33. Hold the City harmless from any liability for erosion. siltation or increase flow of drainage resulting from this project. 34. Insure that all franchised cable television companies I.Cable Company. I are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are. and remain in compliance with. all of the terms and conditions of the franchise and which are hi further compliance with all other rules. regulations. ordinances and procedures regulating and affecting the operation of cable television companies as same may have been. or may from time to time be issued by the City of Chula Vista. 35. Comply with the terms and conditions of tha AcquisitionlFinanCing Agreement for Assessment district 94-1. CO 94-064. approved by Council Resolution R 17483 as said terms and conditions may be .pplicable to this development. MISCELLANEOUS 36. Tie the boundary of the subdivision to the California System -Zone VI 119831. ~ 7-J/ Resolution No. 17618 Page 14 37. Submit copies of Final Maps in a digital format such as (DXF) graphic file 'Prior to approval of each Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate c.oordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 5-1/2 HD floppy disk prior to the approval of each Final Map. 38. Update the Eastlake Greens Public Facilities financing Plan as required by Chapter V of said approved document. 39. Fire hydrants shall be installed and operable and fire access roads shall be usable prior to delivery of any combustible construction materials. 40. A wildland fuel modification program may be required on interface areas between residences and open space. XII. CODE REOUIREMENT REMINDERS 1. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista current standards, Subdivision Ordinance and Subdivision Manual. 2. Fire flow of 1,000 gpm shall be maintained within the Project area. .J 3. Fire Department access roads shall be a minimum of 20' wide and constructed with an all-weather driving surface. XIII. CONSE~UENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur. or if they are, by their terms, to be implemented and maintained over time. if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. XIV. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinetor to post a Notice of Determination and file the same with the County Clerk. ~ /~32 Resolution No. 17618 Page 15 XV. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms. provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by J .....>.::"'/ /' / /- /~~/I/-; t/~ Robert A. Leiter Director of Planning l (led .". f~ m y ( l 'j\~- ~ \ML.' . Bruce M. Boog~ard City Attorney L ~ 7/}) Resolution No. 17618 Page 16 General Development Plan (PROPOSED) ... HI l'IESIlENT.... oj -- -. .... lIl!. I m- -. .. HI ...- .... ... .... . - ... ... - ...- .... ..... - . .. .... .... .. -.- .," - 1ClN-1lE!DENtW. -- - ..... ... r4 ...: U =~.. ...~ cr. ~ J\a tIP. ......-.. .... ---. ...., .....,. ...i J:::&J ... IIiIIrI ",I ....,.. ........... ) --..-..- EJ Areas being amended ...-----.-------- ..------- ~FASTLAKE A I\AIHD c:c:lhMHTY It W'lI.AlCI llIVEICIMNl co ~\Ilti"" !---.... ~ ..-. .,- EJHlll , ~ 7~J:/ Resolution No. 17618 Page 17 ( "- ~ Eastlake , \ Hills .~ \ ~Eastlake -~;;;;:,.. ~"Shores ~ A_ Eastlake Village Center Eastlake Business Center Project Components (neighborhoods) I ==' ..... ~ -nEa.stlake DI -L/ . I. Eastlake IV "- c r.:J IEAS'II.AKE IICllNIAAY EAS1I.AI<E . --,- .....: .... .. .. ...... D_ . .~".............. ......_._A .. 0..... ..... ... ........,. ~ fASTLAKE A PlANNED COMMUNITY IN THE CITY OF CHULA VISTA ~ ~..c,..._.. ~~_: Exhibit 2 jvr+ ?~Js' Resolution No. 17618 Page 18 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of August, 1994, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: ~ouncilmembers: None ,;:- -/7 ~/ , ~ /~~-,. Tim Nader, Mayor ATTEST: YiP~{ ~~:t Beverly . Authelet. City Clerk ) STATE OF CALIFORNIA I COUNTY OF SAN DIEGO I 55. CITY OF CHULA VISTA I I. Beverly A. Authelet, City Clerk of the City of Chula Vista, California. do hereby certify that 1he foregoing Resolution No. 17618 was duly passed. approved. and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 16th day of August. 1994. Executed this 16th dey of August, 1994. ~i:.tl (2-:tf:lll Beverly A Authelet. City Clerk ~?~yt Minutes August 16, 1994 Page 3 , - Mr. Goss stated staff could look at doing that, but there was also equipment that had to be acquired that was fairly expensive. Mayor Nader questioned if Woodward-Clyde bad laboratory flCilities in the region. Clifford Swanson, Deputy Director of Public Works/City Engineer, responded they did. RESOLUTION 17617 OFFERED BY MAYOR NADER, reading of the text was waived, passed md approved unanimously. · · END OF CONSENT CALENDAR · · PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES II. PUBLIC HEARING PCA-'4-04; CONSIDERATION OF AMENDMENTS TO SECTION 1'-'4 OF THE MUNICIPAL CODE TO ALLOW THE REPLACEMENT OF DAMAGED CONDOMINIUMS WIDCH ARE NONCONFORMING WITH RESPECT TO DENSITY - CITY INITIATED - Recently, potential buyers of an individual condominium unit could not obtain financing because the project within whicb the unit is located is nonconforming with respect to present density limitations. Therefore, the same Dumber of units could Dot be rebuilt if the project was more than 60lli destroyed pcor Section 19.64.150 of the Municipal Code. Staff believes this is a problem unique to condominiums wbicb mould be addressed by amending the code to allow replacement in sucb cases. Staff recommends Council place the ordinance on first reading. (Director of Plaooing) ( ORDINANCE 2599 AMENDING SECTION 1'.64.150 OF THE MUNICIPAL CODE AND ADDING SECTION 1'.64.155 TO MODIFY THE NONCONFORMING USES REGULATIONS PERTAINING TO THE REPLACEMENT OF RESIDENTIAL CONDOMINIUMS /first .....d;,"') Mayor Nader stated be owned and lived in a condominium and had been advised by the City AltonIey that be abould abstain from participation. Councilmember Rindooe Ilated be owned apartments and felt be abould also abstain from participation. Bruce Boogaard, City Attorney, stated it was a matter of caution. The ellception was whether or DOl the matter affected the public generally or if the affect was distinguiabable on the Councilmember from the public generally. Mayor Nader stated be would trail the item until Councilmember Horton arrived. This being the time and place as advertised, the public bearing was opened by Mayor Pro Tern Horton. Mayor Nader and Councilmember Riodooe left the dias. There being DO public testimony, the public beario. was closed. ORDINANCE 2599 PLACED ON FIRST READING BY COUNCo..MEMBER MOORE, readin& or the text was waived, passed and approved 3~2 with Nader and Rindone abstaining. ~ 12. PUBLIC HEARING PCZ-NDIPCM-lI4-24IPCM-lI4-27IPCM-9UfPCS.88.3A; CONSIDERATION OF !'REZONING AND INCORPORATING APPROXIMATELY 22.7 ACRES OF LAND WITHIN EASTLAKE GREENS AND AMENDING THE EASTLAKE D (EASTLAKE I EXPANSION) GENERAL DEVELOPMENT PLAN, EASTLAKE GREENS SPA PLAN, EASTLAKE D (EASTLAKE I EXPANSION) PLANNED COMMUNITY DISTRICT REGULATIONS, EASTLAKE GREENS AIR QUALITY IMPROVEMENT PLAN, EASTLAKE GREENS WATER CONSERVATION PLAN, AND EASTLAKE GREENS MASTER TENTATIVE MAP (TRACT 88-3) - EASTLAKE DEVELOPMENT COMPANY - The EastLake Development Company has requested amendments to the EastLake II General Development Plan, EastLake Greens Sectional Plaooin. Area (SPA), EastLake II Planned Community District RelDlalions, East! .Ir~ Greens Air Quali!y and Water Conservation Plan, EastLake Greens Master Tentative Map, and a prezone and addition of approximately 22.7 ICreS of unincorporated land to the existing EastLake Greens SPA area. The purpose for the request is to: (I) Incorporate into the planning and regulatory framework of the EastLake Greens SPA Plan those ~ 7~J? ...-c- . parcels of the EastLake Greens General Plan Amendment whicb take access from the internal circulation of the EastLake Greens Planned Community (northeast of the SDG&E transmission lines); (2) Improve the spatial and functioilal relationship of residential density/product distribution within the EastLake Greens Planned Community area; and (3) Update the EastLake Greens SPA Plan and supplementary documents 10 reflect current statistics and technical refmements based on site plan approvals and market considerations. Staff recommends Council place the ordinances on first reading and approve the resolution. (Director of Planning) ...~- A. ORDINANCE 2600 APPROVING TIlE PREZONING OF 22.7 ACRES OF UNINCORPORATED LAND TO P-C PLANNED COMMUNITY AND ADOPTING MITIGATED NEGATIVE DECLARATION ON 15-94-1' AND MITIGATION MONITORING AND REPORTING PROGRAM THERETO (first readil...\ B. ORDINANCE 2601 APPROVING AMENDMENTS TO THE EASTLAKE n (EASTLAKE I EXPANSION) PLANNED COMMUNITY DISTRICT REGULATIONS (LAND USE DISTRICT MAP ONLY) AND ADOPTING MITIGATED NEGATIVE DECLARATION ON 15-'4-1' AND MITIGATION _ MONITORING AND REPORTING PROGRAM THERETO !first readin~\ C. RESOLUTION 17618 APPROVING AND IMPOSING AMENDMENTS AND CONDITIONS ON THE EASTLAKE U (EASTLAKE I EXPANSION) GENERAL DEVELOPMENT PLAN, EASTLAKE GREENS SECTIONAL PLANNING AREA PLAN, EASTLAKE GREENS AIR QUALITY IMPROVEMENT PLAN, EASTLAKE GREENS WATER CONSERVATION PLAN AND EASTLAKE GREENS MASTER TENTATlVESUBDMSION MAP AND ADOPTING MITIGATED NEGATIVE DECLARATION OF 15-94- l' AND MITIGATION MONITORING AND REPORTING PROGRAM THERETO Ken Lee, Assistant Director of Planning, summarized the issues involved with the project. Condition IC of the ordinance refened 10 the Dorth side of parcel R27 (trail system) and should be corrected to read the north side of Clubbouse Drive. · · · Councllmember Horton urived at 6:26 p.m. · · · Mayor Noder stated the Resource Conservation Commission minutes should have been iDcJuded in the packet. He had read the minutes which reflected a S~ vote for the mitigated negative declaration. This being !be time and place as odvertised, the public bearing was declared ope.o. J . Bruce Sloan, 900 Lane Avenue, '100, Cbula Vista, CA, representing Eas,1.olte Developmetlt Company, c:oncurred with the staff recommendations. There being DO further public testimony, the public bearing was closed. ORDINANCES %600 AND 2601 PLACED ON FIRST READING AND RESOLUTION 17618 OFFERED BY COUNCn.MEMBER HORTON, reading of the text was waived, passed and approved unanimously, 13. PUBLIC HEARING CONSIDERATION OF PROGRAM CHANGES OF RESIDENTIAL YARD WASTE RECYCLING SERVICES FROM AN OPTIONS PROGRAM TO A UNIVERSAL MANDATORY RATE STRUCTURE -The City's residential yard waste collection propm began 1/1/94 as a unique 'options' program which allows &ingle-family residents the choice ofbow they will participate, based on their own. '-""It of their yard waste Deeds. A review of the participation, costa, and _enue of the first sill months of the voluntary .options' program show that costa are far elI~ing reveaue and continuation of the program is dependent upon a rste odjustmetlt to cover collection and prooessing costa. Letten were .-ived from Laidlaw ~ consideration of an _dment 10 the yard waste fee IlnIcIure effective 9/1/94 which would involve a change 10 a universal mandatory rate stNCture 10 be spread to all &ingle-family residents. Staff recommends approval of the naolution. (Deputy City M~er Krempl) RESOLUTION 17619 APPROVING A UNIVERSAL RESIDENTIAL YARD WASTE COLLECTION RATE CHANGE TO S1.48 PER SINGLE-FAMll.Y HOME J ~?~)'r EXlft(31TC2. Revised 7/25/: RESOImION 00. 15 200 RESOImION 01' THE CITY CXlUICIL OF THE CITY OF 0lUIA VISTA APPROVING TENI'ATIVE /'lAP Pm Eo'SI'LAKE GREENS, 0lUIA VISTA 'lRJ.C1' 88- 3 ... - follows: 'nle City Council of the City of Olula Vista does hereby resolve as WHEREAS, the proposed subdivision for the EastLake Greens area ~s 830 acres of land located in the eastern portion of the City of Chula Vista east of I-80S and south of otay Lakes R:>ad, and ~, the subdivision includes streets, open space, church sites, commercial lots, park sites, school sites, condominium lots and single-family lots, and WIIEREAS, the Envirolllllental Impact Report EIR-86-4 was considered previously, and WIIEREAS, on June 21, 1989, the Planning camtission, by a vote of 6-0, reco"".ended that the COlIlcil approve the EastLake Greens Tentative Hap subject to the .fOllowing: On an interim basis, Parcels R-24, R-25, R-26, R-27, and R-28 shall be zoned at the target density of 4.5 dwelling units per acres. A maxinum of 4,034 units will be approved for EastLllke II until such time as the guidelines for exceeding the target density for the General Plan Update are resolved. 'ftIe following procedure will occur to determine additional density, if any, for the EastLake project. a. Specific guidelines for exceeding the target General Plan density will be adopted, b. 'ftIe adopted General Plan policies will be applied to determine the incremental units to be added to EastLake II. c. '!be units from the new calculation will be distributed to these five parcels or other unsubdivided. portion of EastLake Greens Tentative Map. d. 'nle SPA Plan and Tentative Map will be returned to the Planning cam.ission and City Council for adoption of the increased density, if any. tOi, ~, BE IT RESOLVED that the City Council of the City of Olula Vista does hereby approve the tentative map for EastLllke Greens, Olula Vista Tract 88-3, based on the findings set forth herein and subject to the fOllowing conditions: Enqineer!ng Department COnditions: 1. Publie iaprovements required in this resolution shall include, but not be limited to: A.C. pavement and base, concrete curb, gutter and V7~J} sidewalk, traffic signals, street lights, traffic signs, street trees, fire hydrants, sanitary sewers, water and drainage facilities. All i""rovements shall be designed and constructed in accordance with City standards. .. - ..... , 2. The developer shall be responsible for: a. The construction of public street improvements of all streets shown on the tentative map within the subdivision. b. The construction of public street improvements for all off-site portions of Olay Lakes Road, Hunte Parkway, Palomar Street and Orange Avenue along the full length of the subject property. Full width i""rovements shall be required unless the developer can demonstrate to the satisfaction of the City Engineer that partial i""rovements will meet the Cittl standards for traffic, bicycles, pedestrians and parking. Transitions to existing improvements shall be provided as required by the City Engineer. 3. a. The developer shall guarantee the construction of the following inprovements prie'r to the approval of the final map for any of the phases of development identified in the EastLake Greens phasing plan. The developer may submit an alternate proposal to provide access to any individual or group of phases identified herein. Said proposal shall be submitted for review and approval by the City Engineer. Phase Facilities Needed · (see table I for description of each facility.) 1A 1, 2 18 1, 3, 4, a, 15 lC 1, 2, 3, 5, 7, a, 9, 13, 15 10 1, 2, 6, 7, a, 9, 10, 13, 15 2 1, 2, 6, 7, a, 9, 10, 15 3 1, 2, 28, 6, 7, a, 9, 10, 11, 12, 14, 15 · Facilities that shall be guaranteed prior to approval of final map for the corresponding phase and conpleted prior to permits being iBBued for the subsequent phase (i.e., facilities for lA through D COI1pleted before permits for Phase 2 are issuedl. b. The developer shall CJUarantee the construction of all interior public inprovements required for development of any unit of developnent prior to approval of the Pinal Subdivision Map for said unit. 4. Right turn lanes and dual left turn lanes shall be provided at the intersection of any of the following street classifications: major-major, major-prime arterial, prime arterial-prime arterial. 5. Palomar Street from the westerly subdivision boundary to EastLake Parkway shall be constructed as a 4-lane ex>llector (74 feet from curb-to-curbl. P ?-Yt/ 6. No direct access for residential driveways will be allowed to Street "A., EastLake Parkway, mInte Parkway, street "E", "D. Street, street "F., Otay Lakes Road, Orange Avenue and Palomar Street. The location of streel entries and major entries for IIUlti-family projects to the above streets shall be approved by the City Engineer. , 7. Lot frontage on cul~sacs ~d knuckles shall not be less than 35 feet- unless approved by the City Engineer. 8. a. A transition to eXisting inprovenents is required on otay Lakes Road east of Hunte Parkway. Baid transition shall be approved by the City Engineer. b. 'nle intersection of Hunte Parkway and Orange Avenue shall require special treatment to transition to the prime arterial status of Hunte Parkway southerly of said intersection. TABLE I DESCRIPl'ION OP ORSI're 'DlANSPORTATION PACILITIES - Pacility No. I 2 Street Portion EastLake Parkway EastLake Parkway Olay Lakes Road to Street "D" street "D" to the Interim Terminus South of the SDG&E Easement 2a EastLake Parkway Palomar street to the Interim Terminus SOuth of the SDG&E Easement 3 street D 4 North Street "A" 5 North street "A" 6* South Street "A" 7 Street "E" e HlD'Ite Parkway 9 HlD'Ite Parkway 10 HlD'Ite Parkway EastLake Parkway to North Street "A" Street "0" to Hunte Parkway Street "0" to Street "E" Street "0" to HlD'Ite Parkway EastLake Parkway to Street "A" Olay Lakes Road to South Boundary of Phase 18 Street "E" to North Boundary of Phase lC Street "E" to South Street "A" _1_ ~ ?~r/ 11 Hunte Parkway South Street "A" to Orange Avenue - 12 Orange ~venue Runte Parkway to West Boundary of SUbcli vision .. . - 13 Street "E" Street "A" to Hunte Parkway 14 Palomar Street EastLake Parkway to West Boundary of the Subdivision 15 otay Lakes Road Lane Avenue to Hunte Parkway . In conjunction with developnent at Phase lD, developer IIIiIY construct eidler that portion of South Street A to connect Street 00 to Street "D" or that portion to Bunte Parkway. 9. Underground traffic signal equipment and traffic signal standards shall be installed at the follOWing intersections: . EastLake Parkway and OtlIy Lakes Iald EastLake Parkway and "D" Street EastLake Parkway and "E" Street EastLake Parkway and Palomar Street Bunte parkway and OtlIy Lakes Iald Hunte Parkway and north Street "A" Bunte parkway and "E" Street Bunte Parkway and south Street "A" Hunte Parkway and Orange Avenue "E" Street and Street "A" "D" Street and north Street "A". Mast ams, signal heads and associated equipment shall not be installed unless approved by the City Engineer. 10. Interconnect concl1it, pull boxes and pullrope shall be installed to connect fOllowing intersection signal syBtems. Olay Lakes lald/llDute 125 to OtlIy Lakes lald/EastLake Parkway Clay Lakes Road~ke Parkway to otay Lakes Road,1lunte Parkway Olay Lakes Iald/llUtLake Parkway to EastLake Parkway/"D" Street EastLake Parkway!"D" Street to fCorth Street "A"/"D" Street EastLake parkway!"D" Street to EastLake Parkway!"E" Street EastLake Parkway!"E" Street to EastLake Parkway/Palomar Street Bunte Parkway/t)tay Lakes Iald to Bunte Parkway~rth Street "A" Bunte Parkway/Street "A" to Bunte Parkway/"E" Street EastLake Parkway!"E" Street to Street "A !"E" Street Street "A"!"E" Street to Bunte Parkway!"E" Street Bunte Parkway!"E" Street to Bunte Parkway~rth Street "A" Bunte Parkway/south Street "A" to Bunte Parkway/Orange Avenue Orange Avenue east of IUlte Parkway to subdivision boundary. 0' ?-tjc:L , Locations where CJ?lf course crossings of streets are provided shaIl be clearly signed and marked. . Where streets being crossed are classified to carry traffic at a speed greater than 2S ~, such crossings shall only be at intersectioos or through the use of grade separation structures. '!he developer or other subsequent owner of the golf course shall agree to be responsible for the payment to the City of oogoing repair and maintenance costs of any grade separation structures which may be required for the benefit of the golf course. Golf course safety features shall be reviewed by the City Engineer in conjunctioo with constructioo of the golf rourse. 12. All streets which intersect other streets at or near horizontal or vertical curves IlUSt meet intersectioo design sight distance requirements in aoc:ordance with Ci~ standards. 11. a. A conditional use permit shall be filed with the City for the golf course, clubhouse, and related swimming and tennis facility prior to issuance of building permits for purposes of regulating operations, uses, and site design. b. c. d. 13. a. Il1s stops with concrete benches shall be provided along both sides of Street "A" adjacent to the intersections with the fOllowing streets: street "E", street "G", street "D", street "00" and Street "1"'". Il1s turnouts shall be provided to the satisfaction of the City Engineer. b. Il1s stops with concrete benches shall be provided along both sides of Hunte Parkway adjacent to the intersections with street "E" and south Street "A". Il1s shelters as approved by the City Engineer shall be provided along both sides of EastLake Parkway adjacent to the intersection with street "E" or appropriate alternative locations. 14. Right turn lanes shall be provided on Street "A" at the intersections of street "A" with street "D" and SOUth street "A" with Hunte Parkway. A right turn lane shall be provided on EastLake Parkway at its intersection with street "E". 15. a. All streets within the III1lti-family developnents and the access road to unit 29 shall be private. Detailed horizontal and vertical alignment of the centerline of said streets shall be reflected on the 1Rprov~t plans for said developments. Design of said streets shallllll!et the City standards for private streets. b. Private streets in units 1 and 2 (single family detached units) shall meet City standards for public streets or standards acceptable to the City Engineer. c. All 8Ubdivisions proposing private streets with controlled access devioea, such as 94tes, shall cor:tain the fOllowing features: o 7--1/)' ll) Gates shall be approved by the City Engineer. Gates shall be located to provide sufficient room to queue up without interrupting traffic on public streets. - (2) A turn around ~hall be provided at the location of the gate. 'ftIe size and lacation of said turn around shall be approved by . the City Engineer. (3) 'ftIe border between public street and private street shall be delineated through the use of distinctive pavement. (4) Provisions shall be _de for emergency vehicle access. 16. All the streets shown on the subject tentative nap within the subdivision boundary, except as described above, shall be dedicated for public use. Detailed horizontal and vertical "alignment for said streets shall be reflected 011 the iJlprovements plans for the subject subdivision or any unit thereof. Design of said streets shall meet all City standards for p.Iblic streets. 17. 'ftIe owner shall grant to the City street tree planting and maintenance easements along all publ!'c: streets within the subdivision as shown on the tentative map. said easement shall extend 10 feet fran the back of the sidewalk except on Runte Parkway and portions of BaatLake Parkway as provided below. Along Runte Parkway, said easement shall extend 10 feet fran the property line and ahall contain no slope steeper than 5:1 (horizontal to vertical ratio). 'ftIe entire area of said tree planting easement along Runte Parkway shall be offered for dedication on the subdivision IIIlp8 for future street plrposea. 'ftIe tree planting easement along those portions of BaatLake Parkway containing ~ring sidewalks shall coincide with the proposed sidewalk easement as shown on the '1'entati",. flap. 18. 'ftIe owner shall grant to the City a 10 foot sidewalk easement adjacent to the property line for the installation of a IIlHlldering sidewalk at the following locations: a. Otay LIlkes Road along the full length of the frontage of Unit 17. b. BastLake Parkway - along the frontage of "nits 29, 34 and 32 (north of the intersection of "E" Street). e. Street B Betwe'l BastLake parkway and Street - along the frontaqe of unit 25. Between street A and Bunte Parkway - along the frontage of Units 28, 29, 37 and 39. 19. Prior to the approval of any final np for subject subdivision or any unit thereof, the subdivider shall obtain all off-site right-of-way necessary for the installation of required inprovements for that unit. ""~ ?~f/7 If the developer requests the City to use its powers to acquire said off-site right-of-way, the developer shall pay all costs, both direct and indirect incurred in said acquisition. - 20. The developer shall ~ant to the City l' control lots adjacent to the follC7tfing streets: _ ~. · a. South end of BastLake Parkway. b. SOUth end and east side of Hunte Parkway. c. 8:lth ends of Street A. d. 8:lth ends of Orange Avenue. e. West end and southerly side of Palanar Street. f. Both sides of Orange Avenue. 21. Striping plans shall be provided for the following streets: Street "A", Street "D", Street "E", EastLake Parkway, Hunte Parkway, Orange Avenue, Olay Lakes RoIld and palanar Street. Striping plans shall be approved in conjunction with inprovement plans for said streets. 22. Prior to the approval of any final subdivision map which includes a portion of the streets listed below, the developer shall submit plans demonstrating the feas1bility of the extension of the said streets: a. EastLakeParkway - from palanar Street to Orange Avenue. b. Hunte Parkway - from Otay Lakes RoIld to East "H" Street. c. palanar Street - from the subject subdivision a minilllJlll distance of 1,000 ft. westerly. d. orange Avenue - a minilllJlll distance of 1,000 ft. westerly. 23. a. The developer shall submit calculations to demonstrate canpliance with all drainage requirements of the &1bdivision Manual to include, but not be limited to, dry lane requirements. CAlculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. b. ~fic IIethods of handling stonn drainage are subject to detailed approval by the City Engineer at the tilll8 of 8Ubmission of inprovement and grading plans. Design shall be aCCXlllplished on the basis of the requirements of the Subdivision Manual and the Grading Ordinance (11797 as amended). c. Graded aexes. shall be provided to all storm drain structures inclUding inlet and outlet structures as required by the City Engineer. Paved access shall be provided to drainage structures located in the rear yard of any residential lot. 24. a. The developer shall obtain notarized letters of permission for all off-site grading work prior to issuance of grading permit for work requiring said off-site grading. b. Lots shall be 80 graded as to drain to the street or to an approved drainage system. Drainage shall not be permitted to flow over slopes. ~ 7~?/3 25. Sewer 1MJlholes shall be provided at all changes of alignment and grade. Sewers serving 10 or less equivalent dwelling units shall have a mininum grade of 1\. -- 26. '1he developer shall ~ly with all relevant Federal, state and local regulations, including:. the Clean Water Act. '1he developer ahall".bl! responsible for providing all required testing and documentation to denonstrate Aid CXlIIplianoe as required by the City Engineer. 27. A paved acoeas road with a IlliniJlum width of 12 feet shall be provided to all sanitary sewer III4I'lholes. '1he roadway shall be designed for an 8-20 Wheel load or other loading as approved by the City Engineer. 28. 'DIe developer shall grant easements for all off-site public storm drains and sewer facilities prior to approval of any final map requiring those fa~ilities. Basements shall be a IllinillLllll width of six feet greater than pipe size, but in no ClUe, less than 10 feet. 29. An erosion and 8edimentation oontrol plan shall be included as part of the grading plans. 30. 'DIe developer shall elft:er into an agr_nt whereby the developer agrees that the City NY withhold building permits for any units in the subject subdivision if traffic on Otay Lakes RolId, ~legraph Canyon RolId, EllstLake Parkway, or East -8- street exceed the levels of service identified ill the City's adopted thresholds. 31. a. 'DIe property owner shall agree to not protest formation of a district for the Nintenance of the drainage channel in Telegraph Canyon. b. 'DIe property OlIlIer shall agree to not protest formation of a diatrict for the Ilaintenance of landscaped ~ians and parkways along streets within and adjacent to the subject property. c. 'DIe property owner shall enter into an agreeBlt wherein he agrees to not protest formation of an asses_nt district for the ClOll8truction of street inprovements to connect Or~ AverM.Ie and Palomar street to existing inprovements to the west of the subject property and to not protest inclusion of the subject lnprovements as projects in the Eastern ~rritories Developllllnt Inpact Pee system. 32. a. All sanitary _r facilities required for development of lII'Iy lot, unit or phase shall be 91aranteed prior to recordation of a subdivision _p for said lot, unit or phase. b. 'DIe developer shall provide for the ClllBts asaoclated with Ilaintenance of the _r pJIlp stations prior to approval of any subcUv!sion _pe whidl aha11 require said punp stations to provide sanitary HIler service. c. 'DIe developer shall cbtain peral88ion frQll the City to deposit _age in a foreign buin prior to approval of.. any subdivision I8P which ahall require any aewage to be transferred frail an existing basin ~ ?-yt into another basin. The permission shall be in the form of an agreement whe~eby the City shall agree to such transfer, and the developer shall agree to the construction of certain improvements 1n the system that will accept said sewage and to the cir~s under which said ~rmission may be revoked. - ... , 33. Prior to the approval of any final map for any lot or unit, the owner shall guarantee the construction of all improvement (streets, sewers, drainage, utilities, etc.) deemed necessary to provide service to such lot or unit in aooordance with City standards. 34. Prior to approval of any subdivision map for single family residential use. The developer shall submit a list of proposed lots indicating whether the structure will be located on fill, cut, or a transition between the two situations. 35. South Street -A- and Street -E- (between Street -A- and IIUnte parkway) shall be 52 feet wide (curb-to-curb) within 72 feet of right-of-way to provide for on-street parking on one side of each street. 36. Off-site CIlITIUlative transportation impacts shall be mitigated to insignificant levels- by participating in the East Chula Vista Transportation Phasing Plan on a fair share basis with other area developers. 37. EastLake Greens will be subject to any new City resolution or ordinance regarding cable television. Planning Department COnditIons 38. a. Applicant shall request the formation of an open space district. Maintenance of specific areas may be required to be performed by the master homeowner's association. ~n space slopes shown adjacent lo public and private neighborhood parks shall be included in the established maintenance program. b. Park dedication and improvement crerJit for private parkS (up to 50\) IIIlY be considered subject to approval of improvements, park acreage and activity areas prOVided. c. Development of all public and private park areas receiving park credit designated on the subdivision map shall be subject to thf' approval of the City's Director of Parks and Recreation. Sairl approval shall comply with the standards listed in Section l7.l0.05Cl of the tlInicipal COde. d. Maintenance and credit for the proposed open space trail system shall be subject to approval of the Director of Parks and Recreation. 'I'll<' trail ahall consist of an approved D.G. base. e. Park dedication credit for the COIIIIIUnity park shall not include thf' alope area adjacent to proposed .125, however, credit shall be given when park improvements in excess of the Municipal COde requirement!' are provided. y-<1 7-~7 f. Any PAD fees to be waived shall be done so upon CXlIlIpletion of parks or bo.lded guarantees of park collilletion. Bonds provided to the Department of Real Estate may be sufficient guarantee for private plIrk i"llrovements. - .. g. No waiver of Re&l.dential COnstruction Tax is made or i"lllied.. ~y approval of this _p. 39. Park acreage of 24 acres shall be provided subject to the approval of park i"llrovement plana by the Director of Parks and Recreation. 40. The open space corridor ~ssing the SDG&E easement and the San Diego water line shall be incorporated into adjacent land use plans as usable open space and/or parking. The adjacent land use lots shall be graded to acccmplish an acceptable interface. 41. The 5:1 qrading shown on EastLake Parkway (reference sheet 12) shall be eliminated and lIhown as 3:1. 42. A mininum 15 ft. wide landscaped area shall be provided between the sidewalk and wall areas created along sinqle-family areas an street -A-. tOrE: Down slopes sha1l COIIIIIence at a mininum distance of 10 ft. fran the public sidewalk. Alternate tree plantings in approved concrete cone root containers will be considered for limited are~,I. 43. Q:lpies of proposed (nR's 8hall be filed with the City. 44. A low and IIIOderate illCOll'e housing program with an established pI of 5' low and 5' IIlOderate shall be i"Illemented subject to the lIpproval of the City's housing c:oordinator.101'E: A 1\ change resulting in 4\ low and " IIIlderate is deamed an acceptable tolerance. 'l'his condition ahall be deferred and further evaluated as a factor in the analysis of the General Plan denaity policies as they relate to plIrcels R-24, R-25, R-26, R-27, and R-28. 45. All paved access to sewer and drainage outlets shall be subject to approval by the Director of Planning. 46. A mininum of three church sites totaling 7 acres shall be designated prior to recordation of the final map. 47. Qlen space ...ements shown at the rear of various lots backing onto the qolf couree shall be included in the qolf course maintenance program. 48. All lots adjacent to intersectiona subject to road widening requirements shall require further review by the Planning Director to determine acceptability. 49. SChool drlelopnent shall be phased to provide facilities with adequate capacities to serve residential ocx:upancy. Mello-Roos COImunity Plcilities District has been formed by the respective school districts. .y-tD ?-f'r 50. Provide street names on the tentative map. 51. A conceptual landscape plan, together with a water management plan, shall be provided prior to City Cowlcil approval of the tentative ma~d subject to the approval of City's Landscape Architect. . - -. . 52. Development of all parcels shall be in accordance with EastLake Greens SPA Plan, Public Facilities Financing Plan and Design Manual. 53. The developer shall annex all areas within the subdivision boundaries prior to recordation of any final map. 54. The phasing plan shall be deSigned to connect interior subdivisions within Phase I to the satisfaction of the City Engineer. 55. All lota without approved private or public access shall be shown as a single lot. 56. The open space shown adjacent to easterly side of Route 125 corridor shall be dedicated to the City across ita entirety for future transfer to the State of california as part of future freeway right-of-way. School District has option o~putting in retaining wall acroas the high school site. 57. Lotting approval for Unit 14 shall be continued until a precise plan detailing the design of the project is revi~ by the Design Review COIIInittee. Thereafter, the lotting of Unit 14 will be considered by the City ())uncil for tentative subdivision IIIIp approval. 58. Orange Avenue corridor desi9JI shall be subject to approval of the Director of Planning regarding grading, slope grading, landacaping and fencing. 59. All lota in OniU 4, 7, and 8 shall be . lllininwn of 50 feet wide and 20t of 10U in OniU 11 and 13 shall be . mininwn of 50 feet wide. A lllininwn of twnty (20) percant of .11 lots within Units 4, 7. and 8, 11. and 13 are intended to ...........wdate one-atory units or units with . one-story plateline .long the street frontage. . said one-story units shall be pl.ced on lots with a mininun width of 50 feet. 1Iny units diapl8Cllld .s . result of revision to the subdivision _y be considered for transfer to another unit within EastLake Greens. 60. Major entry poinU to the BastLake Greens development Shall require .pproval of the Director of Planning with respect to grading, slope gradient and landacaping. 61. W of the open apace lots shall be dilll!nsioned (see Loop Street "A" adjacent to Onits 14. 39 and 13). 62. ~n apeCl 10t:8 .djaClnt to priv.te parks shall be included in the priv.te parka to be nainUined by the 80.._e;:s' Aasociation. ~ 7~Y! 63. A water agreement with otay Municipal water District regarding terminal storage and water supply shall be required prior to approval of the final IIIlp. 64. A pedestrian bridge or ~ alternative acceptable to the City Engineer llhall be OOIl8tructed over~y Lakes Road to connect the COIIIlLUlity trail. . from EastLake I to EastLake II. EIR Mitigation Measures - Planning 65. Residential land uses planned adjacent to or near conmercial and industrial uses shall be adequately buffered. Necessary measures will include a wall or fence to decrease noise and increase privacy I a physical, vertical or horizontal separation bet-.. land uses, l.e., a road, slopes or a landscaped open space bufferl or some type of vegetative .creen. Inpcta occurring as a result of site-specific. designs will be mitigated on a site--specific basis. (pg. 4-15) 66. In order to lllitigate the site specific impacts, the. following IIIl8t be COIIPleted in eocordance with the thresholds policy and the East Olula Vista Transportatioo Phasi~ Plan: . - a. Inprove Telegraph Canyon Road between state Route 125 and the EastLake Greensl1'rails boundary to six-lane prime arterial standards. b. Omstruct IfUnte Parkway and EastLake Parkway as _jor roads between Telegraph Canyoo Road and Orange Avenue. c. Omstruction of a 8OUthbound state Route 125 to eastbound Telegraph Canyoo Road loop ranp at the state Route l25/1'elegraph Canyoo Road intersection or extend state Route 125 SOUth to East Palomar street (which tIOuld connect to the EastLake II street ayatem). (pg. 4-37) 67. The on-site water storage tank llhall receive additional landscaping. 'l'his shall include the use of additional vegetation within the site 0Clql0unc:l to obscure the tank itself, as well as .xterior landscaping of the perimeter fence to provide a IIIOre .esthetic ac:reen. 68. Residential units in the vicinity of the SDG&i: transmission line shall be spaced and oriented to lIlinimize views of those facilities. '1'he 50-fool buffer along both sides of the roadway traversing the northern site boundary shall receive sufficient landscaping to effectively screen deYelopnent associated with EastLake I. Additionally, residential units in the northern project site shall be spaced and oriented to lIlinimize views to the north where appropriate. . 69. A prelilUnary geotechnical report has been prepared for the EastLake Greens property by san Diego SOils Engineering, Inc. (1986). 'l'his reporl conta1na various ~_.....ndations to provide adequate surface ann subeurface drainage and eroaiooccntrol that shall be incorporated into the project design. .............nc:led mellllUres include, but are not limited to, the following: ~ /~5'b . Surface and Subsurface Drainage: Surface runoff into downslope natural areas and graded areas should be minimized. Where possible, drainage should be directed to suitable disposal areas via nonerosive devices (I.e., paved swales and storm drains). Pad drainage sho\l1(l be designed to collect and direct surface wal:.el."s away fran proposed structures to approved drainage facilities. For earth areas, a minilll.llll gradient of two percent should be maintained and drainage should be directed toward approved swales or drainage facilities. Drainage patterns approved at the time of fine grading should be maintained throughout the life of proposed structures. 70. Subdrains shall be placed under all fill located in eXisting drainage courses at identified or potential seepage areas. Specific locations shall be evaluated in the field during grading with general subdrain locations indicated on the approved grading plan. The subdrain installation shall be reviewed ~ the engineering geologist prior to fill placement. 71. Drainage devices are required behind stabilization fills to minimize the build-up of hydrostatic and/or seepage forces. (See Preliminary Geotechnical Investigations, san Diego Soils Engineering, Inc. (1986) for details and r.oo.....ended locations of these backdrains.) Depending on Slope height, at least one tier of drains would be required for apprOXimately every 30 feet of slope height. Drains may al80 be needed at contacts bet_n permeable and non-permeable forlllltions. 72. Slopes shall be planted with appropriate drought-resistant vegetation as r~....nded by a landscape architect illl1ll!diately fOllowing grading. Erosion control and drainage devicea shall be installed in c:anpliance with the requir...nta of the City of Chula Vista. 73. water shall not be allowed to run over the top of or flow down graded or natural slopes. 74. Devices constructed to drain and protect slopes, including brow ditches, berms, retention basins, terrace drains (if utilized) and down drains shall be naintained r89ll1arly, and in perticular, should not be allowed to clog 80 that water can flow unchecked over ilope faces. Subdrain outlets shall be lIIlintained to prevent burial or other blockage. 75. To enSUre that si9llificant and potentially unique fossils and paleontological resources are not destr~ed without examination and analf8is, it shall be required that a qualified paleontologist monitor the initial 9rading I '.ivities during developnent of the EastLake Greens site. 76. a. walls and/or berms shall be installed to the eatisfsction of the Director of Planning to reduce noise exposure to acceptable levels onsita. 'ftIe applicant has proposed an optional 5-foot fence enclosing the perimeter of the residential boundary (Figure 2-10), and the 5-fool wall height was factored into the model to analyze the effectiveness Y'5 /~f! of such a wall on the significant noise impacts projected onaite. In sane cases, a 5-foot wall height was determined not to be required and a lower wall height was evaluated. It was determ1~ that a 5-foot barrier along the top of Slope on (X)rtiona of the~tern side of EaatLake ParkleY and (X)rtions of J:.he internal loop road, and contiguous to the northern and BOUthern-imtry roads, would rec1.Joe projected onsite noise levels below 65clB(A) am. ("igure 4-17). A J-foot barrier would also be required along the central golf course roed to further attenuate onsite noise levels. lbiae levels at the park could be reduced through the incof(X)ration of barriers of lII1nimal height (1.e., 1 to 2 feet). walls are not r~.._1Ided because of aesthetic considerations and because the attenuation required is only tw decibels. Attenuation at the pIIrk could be achieved by raising the pIId elevations near the contributing roadweya by 2 teet instead of inoor(X)rating a barrier. '!'he barriers along residential portions of the site should consist of walls, earth berma, or a COIltlination of walls and berlllll. Noise levels above 65 d8(A) and below 75 d8(l) OfEt. are considered ClOqlatible vith the pro(X)8ed COlllllercial area in the northwst corner of the project. area and no barriers are required to attenuate the noi.. levels in this area of the si!'.. BuecS on the current vrading plan, t.he identified noise walls would IIiti911t.e the projected exterior noi.. levels below the required 65 am. standard and to a level of insi\ll1ificallC8 with the exception of the park Ilhere .light excaedancea would occur. If the pad elevation i. rai.ed, as r_.....Ilded, no adver.. noi.. ilIpacts would occur onaite. b. For those portions of the site exposed to 60 OfEt. or vreater (identified in 'i9\lre 4-17), an interior aCOUltical analyais will be required once building plana and slte plana are _de avsilable to ensure the use of appropriate construction Mterisla to attenuate t.he interior noi.. levels below a leval of si9lllfiClllC8. 77. on an interi. buis, 'areals R-24, R-25, R-26, R-27, 8Ill2 R-28 shall be mned at the tar98t density of ..5 dwlhng units par acres. A _xi_ of 4,034 units will be approwd tor lutLake It until wch U_ .. the 9IIidel1nes tor eXCHding the tar98t density for t.he Oaneral 'Ian updat.e . are re80lwd. 'l'tla tollowin; procedure will occur to det.sf1Iine additional density, it any, tor the IutLake project. a. 8pacific 9IIidelill88 tor eXceeding the terget Ganeral Plan density will be adopted, b. '1'he adopted OInersl Plan poliCies will be applied to detenl1ne the incr8lllllntal unite to be addad to Iast.Lake It. c. '1'he units trCllll the new calculation will be distributed to these rift pereals or other unaubdivided portion of EaatLake Greens 'l'entsti". flip. . ~ ?~5...2-.. d. The SPA Plan and Tentative Map will be returned to the planning Camdsa10n and City Council for adoption of the increased density, if any. - 78. Prior to the recor~ion of the final nap, the EastLake I private park agreement all be aRlrovec:l by the City Council. -. · 79. '1'he r.utLake Gr~ Development Agreement shall contain a provision IIllking the !astLake Greens project subject to the Transportation Phasing Plan and the Growth ManBqell'ent Elenent of the General Plan. 80. Prior to recor&ltion of the final_p, the applicant shall aublllit an I19r_nt to the City r.rding pJblic use of the golf cour... This fIIr/ be addressed in the conditional use permit required for the golf CIOUr.. . 81. The Planning o:.d..ion r........_.'ldation r.rding the recb:tion of dwe11ill9 unita contaiMd in Condition 13 of the r.utLake II General Development Plan is incorporated into this resolution (EastLake Greens reduced from 3609 dwelling unita to 2774 dwelling unital. 'IND INCSI Purauant to Section 66473.'5 of the $Jbdivision Map Act, Tentative SUbdivision Map for !UtLake Greens Tract 88-3 is found to be consiatent with the OIula Vista General Plan .. adopted by the Chula Vista City Council baaed on the following findill9sl . 1. Land UM Il_t The OIneral Plan desi9118tas the lutLake Greens ar... for Len.: Mlclilllll Residential .. well .. CllCllllWrclal, pJbUc, quul-pJbUc (8Chools, parks, ehurchHl and 8011I open apace. The r... Indtd 2,774. resldential unlta ls within the dtnalty (between tarqet and _xllulI) ranqe of the Ganeral Plan r..ldential desl9l\atlon of low/Mdi\IJI resldential 13-6 dU/gr. AC.), lncludlng denslty transfers fran the park, 8Chool, and ljDlf CIOUr.. to the residential ar.. (327 clUl. 2. Circulatlon Ilement All of the on-alte and off-alta pJblic atreets requlred to aerve the aubdlvialon will be conatruct.ed or DI' f_ paid by the developar ln ~rctanc. wlth the lutLeke Greena Public 'acilltiea ,1nanc11l9 Plan and oavelopllant A9r~t. 3. flDualnv Il_nt '1'ha 1It"'l ~ 1<<1 project will provide a lIinhum of 10' housing includlng a Ill. of houaill9 typea and lot 8irl91e-fuUy, t.cM'lhclUMa, condDminl\lll and various dlnaitl. that will provlde a vide apeetr\lll of housing paraona of various i~a. affordable al.a for aparu.nt prlcee for v 7-p3 4. Parks and Recreation Element The subdivision will provide approxilMtely 40 acres of inproved COI1I1I1Ility and neighborhood parks in acx:ordance with locatio-a:. ..nd standards of tile General Plan. The required park acreage for EastLake Greene Is 29.2 acres. ... · 5. Public racilities Element The project is obligated in the conditions of approval to participate in providing the water facilities, wastewater facilities and eSrainage facilities required by the policies of the General Plan. 'l'hese inclucSe emergency water storage reservoir, construction of a 50 1111 1 lion gallon facility by CI1WD, provisions for additional wastewater facilities by parallel sewer pipelines and constructing on-lite cSetention basins to recSuce peak Itorm flows. 6. Open Space and ConIervatioo Element The proposecS .ubdivision is in conformance with the goals and policies of the el--.t. '1'here are no land resources,. water resources, plan~ or animal resources or open space areas icSentifiecS for preservation in the General Plan for this site. 7. Safety Element '1'he project .its i. considered a .ei8lllically active area, although there are no known active faults 00 or adjacent to the property. '1'he fire protection facilitie. and .ervie>>1 needleS to ..rve the project have been reviewed by the rire DepertMnt. other ...rgency ..rvie>> agencie. have reviewecS the proposecS .ubdivilion for conforlllllJlCl with safety policy. '1'he project will incr.... the need for adcSitional police and fire .personnel, however, the City il planning to ..t the need with adcSitional r....enu.. provicSed by the project. Pursuant to Section 66412.3 of the SUbdivilion Map Act, the effectl of the tentative IllIP for EutLake Greens Tract 88-3 on the housing neecSs of the region has been coneicSered in that the .ubdivilion will provide a variety of housing types that will serve all ..peets of the COIIIIWIity. 'l'he council has further balanced the neecS for housing against public service needs of its re.icSents and available fi.cal and environmental resource. in that the City hn weighed the fiscal effectl of the project and finds that it will not cSeplets current resources and has further balanced the environmsntsl effecta by incorporating mitigation _nures. Pursuant to section 66473.1 of the Subdivisioo Map Act, the EastLake Greens Tract 88-3 has provicSed to the extent feasible for future pauive or natural h..ting or cooling opportunities in that the propos.d cSesign has a predominant north-south orientation of long, narrow parcels ~ 7~;i( enOOllraglng Hst-west orientation of buildings and creating southern exposure tor pitched longitudinal roofs to facilitate solar energy. - Presented by . Approved u to form by - . 4~~!of Plannng 5930a orney - . ~ ?~~~ ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE C'TY OF CHl.l.A VISTA, CALIFORNIA, this 18 day of July - 19 89 , by the following ~Ie, to-wit: -. . AYES: Counc llllll!ntlers Cox, Malcolm, Moore NAVES: Councfll11l!ntlers McCandI1.., Nader ABSTAIN: Counc11mentlers None ABSENT: Councflmentlers None -"-"" u.1f1J ~ ~ ~ ATTESjZ.",~:" 10/ o:t~'7' City Clerk STATE ~ CALIFORNA ) COUNTY ~ SAN DIEGO ) Ia. C'TY OF CHUlA VISTA ) I, JENNE M. FULASZ, CMC, CITY CLERK of lhe Cily of ChuIo Vi.ta, Co/.forn,' JO HEREBY CERTIFY that the above and forlgoing i. a full, true and correct copy of RESOLUTION NO. 15200 ,and thaI ,he IOmI has not beln amended or repeal. ATEO ~.H h/~ ~~ ~_'h ~'tl f:::liJt;3-~:~~~,(;~~ 7:-:F:...JI..,' .t. .'~'" ' ':/:',',/,:': I. .\..~. ~ ~-..~-:...j( :.,-:~- . "':'7i....; ...... 4 - 0-1---- City Clerk y-rt //;;2 A ~ El ~IT"O_ CHULA VIST A TRACT NO. 95-02 EASTLAKE SOUTH GREENS UNIT 15 + ~ I~) ~ 100 100 100 0 200 <<)0 -- - - - GRAPHIC SCALE 11= 200' "0 V ~ LOT J 32 33 34 35. LOT 4 , . - Thzs Page Blank - ~ 7-5Y MAR. -14' 95 (TVE) 14: 12 EASTLAIIE TEL:619 ~21 1830 I:;.)(H"O I' -..::;; P.002 rHB em ~'. CHVL4 YlST.A PoUt"" D1SCLOS~RB.STA.TBMBN7 SIDte~ent of e1i.cia.me of ccrWn Nonhiptntereau, paymentl, or ~mpal&n c:ontrib\lUons, on ,11 matten whitt! WI1l'r.q~iie dilcretionllry aedon Oft tJ\e plrt of the C1C)' Couneil, Pllnnllli Cc~I.&ion. and all other '. offlc.llll bC!die.:The tQUowtnl.iAfQrma~.mU'l b'.dilc1oaed: .' , . . .1~'. Uai .the 'Ilamea'of an 'person. ba'fiftl . finanofallntcrcu in .'~~ cOntra=. .i.e., ccm~. ,ubcon~ctOr, material supplier, . ". ". . . EastLake Development Company . . I" i I.' , . . . ,. .2. . II .~ penClD identified: purauant to (1) abClVO II . c:orporlt1on or puulerahip, Hat the names 01 all . IncSMduaJl ownml more than 10% of tho abares in the corporltl.On or .ownlns &!If plfUlerahlp IlIttrl'& in ,the plntlenbip.' .' . :. . Boswell Properties Incorporated . -iu1a.lZo Com~'anv , . . 'S. . . u -n-i pCUOll SlSenllf1ed puravant 10 (1) Cove. II non.profit orpnliatloD or. tnJal,'Ust C11e 1l&meI' Of any per.em HrWIIU director of the DOli-prOfit organization or II tnlJree .or bcnot1cllry.or trultor 01 the tru'l< . . . . . . . ;.Ji/A' . .' , . . , .. ~ .. '. ".'. . . ' '. (. .' 14. '.' Hive yoi.1l1l.s rD~ '. S250' worth' of l;l1li1lea tranallltld 'with .try member ci dlo CIty Itd, . Bo.ard~, ~.....n~slon', Committees atl4 eaulldhvlthln ~bo put twelve snpll~7 Yea - .' . No--.. If y~~ p1e..~ ~ie~te' penone')1 .' .... . . . . . " ,.' '. . . . .'" S. '. Plo... k10zrtify lladl.~d OYCIY penon. fnc1ucIJn. Izsy apnta, employeel, COftIultl~ or bldepenc1ei1t . .' '.l:aJltl'llctOU'who you have .ulsnsd 10 reFe.ent yOu before tbe CIty lit thi. marter, Gary Cinei - Cinti Land Planning Bill 05tre~.- EastLake Dev~ Co, . -J'MAr B~,q -. Ri,* Enll~-rteer1tig Co. . . ..Bi"tice~foan -' r;a~ tLake Dav.. Co. '. 6. . . .... . . .' . , '. . " Have. you iDdJor, y,D\Ir .OffillOl'I ar .Ien~ in the. .wellleo Contributed moil rihan '51,000 to . CouftO:!lmember In;the;\lrrent or preecdiDa elecrion period? Ye.:_ 'No xx Uya, .tate wblch ~W1ctl~.mbe~(')1 '. .' . .' ". .' . . '. .' . . '". . . .'1:''''11 i& daOl\i4..1 "Af/1IUMlllltil. f/rin. ....PfI""InIlIp,Jflnt _III", /III~""'. adnl ~.... f-II/fIII..p1I1ItU1M. ..",.,.,.""", C'111l", IfIIlt, 1ftfiIiII. .1)'IIIUcIlII, ,ltl, ft4 ""Y 01"" _110\ . CIII4 _1111)', dty, ItlWllC/p11l1ty, dJ.IlrlCI ., _n}NIJIJI"'" 611Iot1M11f1t" tit' "101 011I" IfPC" 01'401t1~1." _ill, (fU'"I1II," . '.' . . . " (/'IOTaI . AI". Jlldlllonal p.... I' IlOCIlIIIlYl 'Dllte: ,~-14..fjS. Sill " . 1.\.Il.I,\IOIl~OSTl.~'11 . Ga~ Crocenzi; Assistant Project Mgr .dLrPrlllt or type muna of conlrllctor/appllcant ~. _ 7-f/ . 11l~11l1_1 MAR-13-'95 MaN 10:15 ID:CITY~..9:U:A UISTFi TEL NO:, ~. '.. ll440 P02 mE CITY OF CHULA. VISTA PARn'DISCLOSURE STATEMENT Statc:ment of diac10sure of cenain oWnership intereau, payments, or campaign contributions, on aU ma. ; which wm require discretionary action on the part of the City Council, Plannlni Commission, and all other official bodies. The followina iDformatlon must be duclosed: 1. Ust the names of all persons having a financial interest in the contract, I.e., contractor, subcontractor, material supplier. Eastlake Development Company The Tulago Company Kaufman and Broad of San Diego, Inc. Boswell ProDerties. Inc. 2, If any person identified pursuant to (1) above is a corporation or panncrahlp, lilt the namea of all individuals ownlna more than 10% of the abares in the corporation or owning BDy paTtneflhip interest in the partnership. , 3. U any penon Identified pursuant to (1) above u non-profit orpnization or. trust, list the nama' of any person .emnS as director of the non-prOfit organization or as trustee or beneficiary or trustor of the tnI.t. N/A ( 4. Have you had more than S250 wonh of business tranaacted with any member of the at)' staff, Boarda, Commissions, Committees and Counell wlthin the put twelve months? Yea_ No ~ 'If yes, please indicate per.on(.): 5, Please identify each and every penon, inc1udina any asents, employeea, c:omultaDtI or independent contractors who you have assigned to repreaent you before the City in thla matter. Wi11hm Ostrem Greco Linhoff John Ful bri aht 6. Have you anellor your officeo or asents, in the alBrepte, contributed mole than '$1,000 to a Councilmember in the eurrent or preceding election period? YCI_ No _ IC yes, .tate which Councilmember(I): ' fEwm II deDDtd u: .AII,)' l114i,,;dllll~f/rm. COoptl"".,shfp,joIllr _~ _tIC/iliUm, nxitJl c1ub.f_1 """"""'riM, COIpfNllr/on. rsltl/r, Irwr, nui"." l)'NIkll"- IhiI./ld 1111,)' oth., COUIII)I, c/rylUld COU/l",.. c/I)I /laulJclpiI1lry, dUmaOf' other poIlrlctlllUbdMs;un. IN III~ other /I'fRIP IN _,/HIuuiOllIlClin, tIS 111111;1,. , DlIIe: (NOTE: A11aC11 additional paSU as Deccala!)') , 3';;~/qS (.\.II.I.\:DISCLosn:t"ll Signa ntractor/appllcant, GI<.E:GC; U N/oJoPF AUFMAN ANO BROil 0 AI-J OIUO ,Print or type nil me 0 contractor/applicant [1<<_: 11/-1 ?--~tJ /, . ~ RESOLUTION NO. J7S'Y 7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NOS. 17797, 17618 AND 15200 AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, on January 24, 1995, by Resolution 17797 the City Council approved the Tentative Subdivision Map for Chu1a vista Tract 95-02, Parcel R-15 of East1ake South Greens; and WHEREAS, previous Council actions affecting this development include: 1) Tentative Subdivision Map for Chula vista Tract 88-03, East1ake Greens (original TM) on July 18, 1989, by Resolution 15200 (Exhibit B); and 2) Amended Tentative subdivision Map for Chula vista Tract 88-03, Eastlake Greens (amended TM) on August 1994, by Resolution No. 17618 and all three of these resolutions contain conditions of approval for development of Parcel R-15; and WHEREAS, the developer has Subdivision Improvement Agreement to conditions: executed satisfy a Supplemental the following 1. Condition Nos. 30 and 31c of Resolution 15200. a. Condition No. 30 requires the developer to agree that the City may withhold building permits for any units in the subdivision if traffic on Otay Lakes Road, Telegraph Canyon Road, EastLake Parkway, or East "H" Street exceed the levels of service identified in the City'S adopted thresholds. b. Condition 31c requires the developer to agree to not protest formation of an assessment district for the construction of street improvements to extend Orange Avenue and Palomar Street and to not protest inclusion of the subject improvements as projects in the Eastern Territories Development Impact Fee system. 2. Condition No. 35 of Resolution 17618 requires the developer to comply with the terms and conditions of the Acquisition/Financing Agreement for Assessment District 94-1, CO 94-064. 3. General Condition "D" and Condition Nos. 23-25 of Resolution 17797. 7//- / a. General Condition "0" requires the developer to comply with all unfulfilled conditions of approval of the Eastlake Greens Tentative Map, Chula vista Tract 88-3 established by Resolution No. 15200, and amended by Resolution 17618, and to remain in compliance with and implement the terms, conditions and provisions of Eastlake Greens Sectional Planning Area, Eastlake Greens Planned Community District Regulations, the Eastlake Greens Development Agreement, the Water Conservation Plan and the Air Quality Plan, Design Guidelines and the Public Facilities Financing Plan. b. Condition 23 requires the developer to agree to indemnify and hold harmless the City from any claims, actions or proceedings against the City to attack, set aside, void or annul any approval by the City with regard to the subject subdivision. c. Condition 24 requires the developer to agree to hold the City harmless from any liability for erosion, siltation, or increased flow of drainage resulting from the subject subdivision. d. Condition 25 requires the developer to agree to insure that all franchised cable television companies are permitted equal opportunity to place conduit and provide cable television service to each lot within the subject subdivision. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby approve Supplemental Subdivision Improvement Agreement requiring developer to comply with certain unfulfilled conditions of Resolution Nos. 17797, 17618 and 15200, a copy of which is on file in the office of the city Clerk as Document No. (to be completed by the Clerk in the final document) . BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula vista. Presented by Approved as to form by John P. Lippitt, Director of Public Works Bruce M. Boogaard, City Attorney C:\rs\unit15.ELG 7/9 ~ rJ.- RECORDING REQUESTED BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Developer Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT EastLake South Greens Unit 15 (T.M. Conditions, Tract 95-02) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day of , 1995, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and KAUFMAN AND BROAD OF SAN DIEGO, INC., a California Corporation ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is part of a project commonly known as EastLake South Greens Unit 15. March 14, 1995 Supp. SIA for EastLake South Greens Unit 15 Page 1 7/l~3 B. Developer has applied for and the City has approved a Tentative Subdivision Map commonly referred to as EastLake Greens Chula Vista Tract 95-02 ("Tentative Subdivision Map") for the subdivision of the Property. C. The City has adopted Resolution No. 17797 (Tract 95-02) ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolutions. The description of the conditions in this recital section of this Agreement is intended only to summarize and paraphrase such conditions in the Resolutions, and is not intended herein to modify or explain them, and is not intended as a basis for interpreting them. D. Condition No. 30 of Resolution No. 15200 requires the Developer to enter into an agreement with the City for the withholding of building permits if traffic in Otay Lakes Road, Telegraph Canyon Road, EastLake Parkway, or East "H" Street exceed the level of service identified in the City's adopted thresholds. E. Condition No. 31.C of Resolution No. 15200 requires the Developer to enter into an agreement with the City wherein Developer agrees to not protest the formation of an assessment district for the construction of street improvements to connect Orange Avenue and Palomar Street to existing improvements west of EastLake Greens and to not protest inclusion of the subject improvements as projects in the Eastern Territories Development Impact Fee System. F. Condition No. 35 of Resolution No. 17618 requires the Developer to comply with the terms and conditions of the Acquisition/Financing Agreement for Assessment District 94-1, CO 94-064, approved by Council Resolution R17483 as said terms and conditions may be applicable to this development. G. Condition No. 23 of Resolution No. 17797 requires the Developer to enter into an agreement to indemnify and hold harmless the City from any claims, actions or proceedings against the City to attack, set aside, void or annul any approval by the City with regard to the EastLake South Greens Unit 15 project. H. Condition No. 24 of Resolution No. 17797 requires the Developer to enter into an agreement to indemnify and hold harmless the City from any liability for erosion, siltation, or increased flow of drainage resulting from the EastLake South Greens Unit 15 project. I. Condition No. 25 of Resolution No. 17797 requires the Developer to enter into an agreement with the City relating to the provision of franchise cable television services as more particularly set forth in Condition No. 34 of Resolution No. 17618. March 14, 1995 Supp. SIA for EastLake South Greens Unit 15 Page 2 7/J; '/ J. Condition "D" of General Conditions of Approval of Resolution No. 17797 requires that the Developer implement previously adopted conditions of approval pertinent to project. Unless otherwise conditioned, Developer shall comply with all unfulfilled conditions of approval of the EastLake Greens Tentative Map, Chula Vista Tract 88-3 established by Resolution No. 15200 approved by Council on July 18, 1989 and shall remain in compliance with and implement the terms, conditions and provisions of EastLake Greens Sectional Planning Area, EastLake Greens Planned Community District Regulations, the EastLake Greens Development Agreement, the Water Conservation Plan and the Air Quality Plan, Design Guidelines and the Public Facilities Financing Plan. K. City is willing, on the premises, security, terms and conditions herein contained to approve the Final Map for which Developer has applied commonly known as EastLake South Greens Unit 15 as being in substantial conformance with the Tentative Subdivision Map and Amended Tentative Subdivision Map for the territory of such Final Map. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. 1.1 Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. 1.2 Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property. The Burden touches and concerns the Property. It is the intent of the parties, and the parties agree, that this covenant shall be binding upon, and run with, the ownership of the land which it burdens. The Burden of this Agreement shall be released from title, of any individual lot within the Project upon sale of such lot improved with a residence. However, as to any lots which have not been released, the Burden of this Agreement shall continue to encumber such lots and shall be binding upon, and run with, the ownership of such lots until such lots are released. The City may refuse to issue Building Permits for any such unreleased lots while Developer is in breach of any terms or conditions of this Agreement or the Tentative Map. If requested by Developer, the City shall execute a quitclaim releasing the Burden of this Agreement, from the title to any such lots. ?/I,5 Supp. SIA for EastLake South Greens Unit 15 Page 3 March 14, 1995 a. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project, Developer shall have the right to obtain a release of any of Developer's obligations under this Agreement, provided Developer obtains the prior written consent of the City to such release. Such assignment shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the reasonable satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. b. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement and such partial release will not jeopardize, in the opinion of the City, the likelihood that the remainder of the Burden will not be completed. 2. Condition No. 30 of Resolution No. 15200 - Building Permits Not to Issue While Thresholds Deficient. In satisfaction of Condition No. 30 of Resolution No. 15200, Developer agrees as follows: 2.1 Developer hereby grants to the City the right to withhold building permits for any dwelling units on the Property at such time as traffic volumes on Otay Lakes Road, Telegraph Canyon Road, EastLake Parkway, or East "H" Street exceed the level of service identified in the City's adopted thresholds. 3. Condition No. 31.C of Resolution No. 15200 - No Protest of Assessment District or Development Impact Fee. In satisfaction of Condition No. 31.C of Resolution No. 15200, Developer and their heirs, assigns, transfers, and other successors-in-interest, hereby agrees to not protest the formation of an assessment district for the construction of street improvements to connect Orange Avenue and Palomar Street to existing improvements west of EastLake Greens boundary and to not protest inclusion of the subject improvements as projects in the Eastern Territories Development Impact Fee System. 4. Condition No. 35 of Resolution No. 17618 - Comply with Acquisitionl Financing Agreement. In satisfaction of Condition No. 35 of Resolution No. 17618, Developer agrees to comply with the terms and conditions of the Acquisition/Financing Agreement for Assessment District 94-1, CO 94-064, approved by Council Resolution R17483 as said terms and conditions may be applicable to this development. March 14. 1995 Supp. SIA for EastLake South Greens Unit 15 Page 4 7/J - ~ 5. Condition No. 23 of Resolution No. 17797 . Subdivision Map Indemnity. In satisfaction of Condition No. 32 of Resolution No. 17618, the Developer agrees that, on the condition that City shall promptly notify the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense, the Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action, or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approvals by its Planning Commission, City Council, or any approval by its agents, officers, or employees with regard to the EastLake South Greens Unit 15 project. 6. Condition No. 24 of Resolution No. 17797 . Erosion and Drainage Indemnity. In satisfaction of Condition No. 33 of Resolution No. 17618, the Developer agrees that, on the condition that City shall promptly notify the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense, the Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action, or proceeding against the City, or its agents, officers or employees, for any liability for erosion, siltation or increased flow of drainage resulting from the EastLake South Greens Unit 15 project. 7. Condition No. 25 of Resolution No. 17797 - Cable Television Easements. In satisfaction of Condition No. 34 of Resolution No. 17618, the Developer agrees to permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit to and provide cable television service for each lot or unit within the Project. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the Project only to those cable television companies franchised by the City of Chula Vista the condition of such grant being that (a) such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate the placement of such conduits; and (b) any such cable company is and remains in compliance with, and promises to remain in compliance with, the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon a determination by the City of Chula Vista that they have violated the conditions of the grant. March 14. 1995 Supp. SIA for EastLake South Greens Unit 15 Page 5 7/7 ~ 7 8. Condition "0" of General Conditions of Approval of Resolution No. 17797. In satisfaction of Condition "0" of General Conditions of Approval of Resolution No. 17797, the Developer agrees to implement previously adopted conditions of approval pertinent to project. Unless otherwise conditioned, Developer agrees to comply with all unfulfilled conditions of approval of the EastLake Greens Tentative Map, Chula Vista Tract 88-3 established by Resolution No. 15200 approved by Council on July 18, 1989 and shall remain in compliance with and implement the terms, conditions and provisions of EastLake Greens Sectional Planning Area, EastLake Greens Planned Community District Regulations, the EastLake Greens Development Agreement, the Water Conservation Plan and the Air Quality Plan, Design Guidelines and the Public Facilities Financing Plan. 9. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction of Developer's obligation of Conditions 30 and 31.C of Resolution No. 15200, Condition 35 of Resolution 17618, and Conditions 23, 24, 25, and Condition "D" of General Conditions of Agreement of Resolution No. 17797 as it applies to the territory of the Final Map for Chula Vista Tract 95-02, EastLake South Greens Unit 15. 10. Recording. This Agreement, or an abstract hereof prepared by either or both parties, may be recorded at the option of either party. 11. Miscellaneous. 11.1 Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice to such change to the other party. Facsimile transmission shall constitute personal delivery. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Attn: Director of Public Works Developer: KAUFMAN AND BROAD OF SAN DIEGO, INC. 12626 High Bluff Drive, Suite 400 San Diego, CA 92130 Attn: Gregg Linhoff March 14. 1995 Supp. SIA for EastLake South Greens Unit 15 71- r Page 6 A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. Facsimile transmission shall constitute personal delivery. 11.2 Captions. Captions in this Agreement are inserted for convenience of reference and to not define, describe or limit the scope or intent of this Agreement or any of its terms. 11.3 Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representation, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. 11.4 Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting of this Agreement. 11.5 Recitals; Exhibits. Any recitals set forth above are incorporated by reference into this Agreement. 11.6 Attorneys' Fees. In the event of any dispute arising out of this Agreement, the prevailing party in any action shall be entitled to reasonable attorneys' fees in addition to any other costs, damages, or remedies. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. By: CITY OF CHULA VISTA Shirley Horton, Mayor Attest: Beverly A. Authelet, City Clerk KAUFMAN AND BROAD OF SAN DIEGO, INC. a California C Approved as to Form: By: Name: Title: Bruce M. Boogaard, City Attorney Date: March 14, 1995 7/}-1 Supp. SIA for EastLake South Greens Unit 15 Page 7 s'\ ,,~ ~ STATE OF CALIFORNIA /' D COUNTY OF ,?(l t1. " f'J U On 3-/(0-9';- ,beforeme,~~ Iln Jp_rSjn-p J personally appeared ~ ~.5 ~ 1- I VI !, (y-{ f' +- ,J I '\ ~ " . . r , personally known to me (or proved to me on the sis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. } }ss. } WrTNESSD hood ,"d offiO'al "'a~ Si,oaturn ~ -7 U04<R-J ~~~ Cl ~ Anne-Marie L [Jugre t Comm. "026, So ~ NOTARY PUBLIC. CALlrQRN\ SAN DlEGO COUNTY Comm. Expires May 8. 1a98 .l (This area for official notarial seal) Title of Document Date of Document Other signatures not acknowledged No. of Pages 7/?-t/tJ 3008 (1 '94) (General) First American Tille Insurance Company RESOLUTION NO. /78'J/<i RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT 95-02, EASTLAKE SOUTH GREENS, UNIT 15, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, REJECTING THE OFFER OF DEDICATION IN FEE OF LOTS A, B AND C, APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the city of Chula vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista hereby finds that that certain map survey entitled CHULA VISTA TRACT 95-02, EASTLAKE SOUTH GREENS, UNIT 15, and more particularly described as follows: Being a subdivision of Lots 6 and 7 of Chula vista Tract No. 88-3A, Eastlake South Greens, Phase 1, in the city of Chula Vista, County of San Diego, state of California according to Map thereof No. 13180, filed in the office of the County Recorder of said County, January 17, 1995. Area: 11.926 acres Numbered Lots: 65 No. of Lots: 68 Lettered Lots: 3 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public streets, to-wit crystal Spring Drive, Boulder Creek Street and a portion of South Greensview Drive, all as shown on the final map and said streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula vista the easements tendered with the right of ingress and egress for: street tree planting and maintenance; general utility easements within Lots A, B, and C; a 5.5 foot sidewalk easement along South Greensview Drive; and a 1 7B-/ as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that said council hereby rejects on behalf of the city of Chula vista the offer of dedication in fee of Lots A, B, and C as shown on said map noting that section 66477.2 of the Subdivision Map Act of the state of California provides that an offer of dedication remain open and subject to future acceptance by said city. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula vista be, and is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as heretofore stated and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, sidewalk, general utility, and public access as granted thereon and shown on said map within said subdivision is accepted on behalf of the city of Chula vista as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk be, and is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the county of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the day of , 1995, for the completion of improvements in said sUbdivision, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the city of Chula Vista. Presented by Approved as to form by John P. Lippitt, Director of Public Works Bruce M. Boogaard, City Attorney M:\shared\engineer\u15reso.l.c 2 7B-".2 RECORDING REQUESTED BY: City Clerk WHEN RECORDED MAIL TO: OITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant Above Space for Recorder's Use SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 1994, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and KAUFMAN AND BROAD OF SAN DIEGO, INC., 12626 High Bluff Drive, Suite 400, San Diego, California 92130 hereinafter called "Subdivider"; WlINESEIH: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as EAST LAKE SOUTH GREENS UNIT 15 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and -1- ?!3~3 WHEREAS, Subdivider is willing in consideration ofthe approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 17797, approved on the 24th day of January, 1995 (Tentative Map Resolution). WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 95-31 through 95-27 inclusive, on file in the office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of $633,200.00. NOW, THEREFORE, IT IS MUTUAllY UNDERSTOOD AND AGREED AS FOllOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefore, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the third anniversary date of Council approval of the Subdivision Improvement Agreement. -2- 7 !J~r 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of the agreement, an approved improvement security from a sufficient surety, show sufficiency has been approved by the City in the sum of THREE HUNDRED SIXTEEN THOUSAND SIX HUNDRED DOLLARS AND NO CENTS ($316,600.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of THREE HUNDRED SIXTEEN THOUSAND SIX HUNDRED DOLLARS AND NO CENTS ($316,600.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "8" and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWELVE THOUSAND DOLLARS AND NO CENTS ($12,000) (per private engineer's estimate) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the -3- 7g-5 improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefore, except to the limits established by the approved improvement security in accordance with the requirements ofthe State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the -4- 7g--j.. water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA SUBDIVIDER: KAUFMAN A SAN DIEGO, INC. ROAD OF Mayor of the City of Chula Vista ATTEST City Clerk Approved as to form by City Attorney (Attach Notary Acknowledgement) -5- 7g~1 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $316,600.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $316,600.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $ 12,000.00 Securities approved as to form and amount by City Attorney Improvement Completion Date: Three (3) years from date of Council approval of the Subdivision Improvement Agreement -6- 7.B~f5 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT NO. 5907 State of County of CALIFORNIA SAN DIEGO On MARCH 10. 1995 before me, PAMELA J. ARAGON DATE NAME, TITLE OF OFFICER - E.G.. "JANE DOE. NOTARY PUBLIC" personally appeared JOHN W. FULBRIGHT and GREGG LINHOFF NAME(S} OF SIGNER(S) B personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. t. . ~ . ~ ~ ~ . ~ ~ ~ ~ ~ ~I @ PAMELAJ. ARAGON - COMM 1963931 iO I. Notary P\bic.calfolrla S SAN DIEGO COUNTY - l;:. . .~c~.~~ 1~.1~.1 OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL D CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT TITLE(S) D PARTNER(S) D LIMITED D GENERAL D ATTORNEY.IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: \; NAME OF PERSON(S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION 10 8?~,,) Remmel Ave., P.O. Box 7184. Canoga Park. CA 91309-7184 713- c; COUNCIL AGENDA STATEMENT Item Meeting Date 3/28/95 ~ ITEM TITLE: a) Resolution / 7 if t.J9 Approving the boundary map showing the proposed boundaries for Assessment District 93-01 of properties to be assessed for alley improvements b) Resolution / 7 'r' 5' r? Ordering installation of improvements in alley from J Street to Kearney Street between Elm Avenue and Second Avenue, ordering the Superintendent of Streets to give notice and order construction and setting public hearings on Resolution of Intention to form Assessment District 93-01 pursuant to the Block Act of 1911 SUBMITTED BY: Director of Public WorkSrf!t! REVIEWED BY: City Managerj~ ~~) (4/5ths Vote: Yes_No X) As a preliminary step in the assessment proceedings it is necessary to request that the Council pass resolutions approving the proposed map boundary, ordering the installation of the improvements (alley improvements) and setting public hearings on the resolution of intention to form the assessment district. RECOMMENDATION: It is recommended that the Council: 1) Approve a resolution approving the boundary map for Assessment District 93-01 for construction of alley improvements under the 1911 Block Act procedure. 2) Approve a resolution ordering installation of certain public improvements at the location shown on the boundary map, instructing the Superintendent of Streets to give notice and to order construction of said improvements, and setting public hearings for May 9 and 16, 1995 at 6:00 p.m. on the resolution of intention to form Assessment District 93-01. 3) Approve the use of speed humps for Assessment District 93-01. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. g-~/ Page 2, Item ~ Meeting Date: 3/28/95 DISCUSSION: Back!!round: On November 23, 1993 by Resolution 17316, Council accepted a petition for the formation of a special assessment district (1911 Block Act) for the construction of PCC pavement in the alley between J and Kearney Streets bounded by Elm and Second Avenues. The cost of construction is to be reimbursed from property owners upon successful formation of the assessment district. The construction of pavement in this alley was added to the CIP program for Fiscal Year 1994/1995 at the direction of City Council. Subsequent to this action, staff prepared construction plans, specifications and cost estimates for the project and met with owners of the properties proposed for inclusion in the assessment district. Those property owners who were unable to meet with staff were notified by phone or registered mail. At these meetings, and at the November, 1993, Council meeting, the property owners requested construction of speed humps along the alley to enhance safety and to control speed in the alley. Section 440 of the State of California Vehicle Code was recently amended (AB 3132) to specifically exclude speed humps and speed bumps from the definition of official traffic control devices. Prior legislation did not explicitly include or exclude these. The City does not have a policy in place for use of these in streets. In addition, since staff had a concern about possible problems with speed humps for trash trucks and sweeping, the contractors responsible for both of these items were contacted. Both R.F. Dickson (street sweeping) and Laidlaw Systems (trash removal) indicated that speed humps would in no way impede their activities. Since the proposed project is an alley, which is a narrower, lower speed facility which primarily serves the abutting properties, and speed humps will not cause a problem for trash pick-up, alley sweeping or drainage, staff recommends allowing the speed humps to be constructed in the alley as a demonstration of their effectiveness in alleys per the residents' requests. Staff does not intend to study the effectiveness formally but will monitor the speed humps via neighborhood comments and/or complaints. The City Environmental Review Coordinator studied the potential environmental impacts associated with the implementation of the project and has determined this project is categorically exempt from the requirement for an Environmental Impact Report (see attached Notice of Exemption). Costs: City participation in the construction costs have been determined pursuant to Council Policy 505-1, although this policy does not specifically address alley improvements. Funds for these improvements have been budgeted from General Fund appropriations. Construction costs estimated at $72,000 will be reimbursed with interest by the property owners to the City's General Fund through formation of a 1911 Assessment District. Design, inspection and district formation costs estimated at $24,000 will be contributed by the City. Action: The proposed assessment district will be formed pursuant to the Improvement Act of 1911 of the California Streets and Highway Code. The Code requires that the Council approve the district boundary map prior to adoption of a resolution ordering installation of the zr.--.;L Page 3, Item 7 Meeting Date: 3/28/95 improvements. The resolution ordering the improvements, the cornerstone of Chapter 27 of the 1911 Act process, describes the details of the Assessment District including: 1) description of the work to be done; 2) description of the properties proposed for inclusion in the assessment district; and 3) time and date for public hearings on the proposed improvements and the 1911 Act procedure. The Resolutions before Council, if adopted, will approve the assessment district boundary and order installation of the improvements and schedule the required public hearings. Public Hearinl!s: The public hearings are proposed for May 9 and May 16, 1995, and will be noticed pursuant to the Brown Act. After the second public hearing, Council may adopt a resolution to proceed with the 1911 Block Act. A schedule for this project is attached for Council information. Since the property owners will have the opportunity to address Council during the public hearings in May, no notices were sent for this agenda item. FISCAL IMPACT: Total costs are estimated at $96,000. Approximately $24,000 as an in-kind contribution will be paid by the City from the General Fund for the cost of assessment district formation, alley design and inspection under the existing operating budgets. The balance, $72,000, was appropriated from the General Fund in the FY 1994/95 CIP and will be an advance from the City to be reimbursed with interest by the property owners within the Assessment District. Attachments: 1. Schedule of proceedings 2. Boundary Map showing benefitted properties and improvements 3. Notice of Exemption File STL 220 A Y 091 f: \home \engineer\agenda \allepavi. dds ~r3 March 16, 1995 File # AY-091 STL-220 ALLEY IMPROVEMENTS FROM "J" STREET TO KEARNEY STREET BETWEEN ELM AVENUE AND SECOND AVENUE SCHEDULE ACTION EXIllBIT RESO DATE 1. City Council Meeting Adopt Resolution Accepting Petition to Install Improvements from "J" Street to Kearney Street between EIm Avenue and Second Avenue II/23/93 2. City Staff Meet with Property Owners (prelintinary meeting) 7113/94 3. Plans and specifications signed 2/28/95 4. City Council Meeting 3/28/95 a) Adopt Proposed District Map Boundaries b) Adopt Resolution Ordering Installation of Improvements (60 days) c) Set Public Hearing on Resolution of Intention d) CEQA 5. File Proposed Boundary Map 3/30/95 a) City Clerk b) County Recorder c) Mail notice per GC 54954.6, publish notice (5194) 6. Council Meeting 5/9/95 & a) Public Hearings on Improvements and Proceedings 5/I 6/95 b) Adopt Resolution of Intention and Making Findings at Public Hearing pursuant to Cbapter 27 c) Obtain Letters of Pennission 7. Notice of Improvement Ends (5132) 5/27/95 8. Advertise for Construction Bids 6/3/95 9. Receive Bids 6/28/95 10. Council Meeting 7/18/95 a) Adopt Resolution Accepting Bids and Awarding Contract 11. Execution of Contract 8/8/95 12. Begin Construction 8/28/95 f:~S ACTION 13. 14. End of Construction Council Meeting a) Adopt Resolution Accepting Contract Work Council Meeting a) Accept filing of Engineer's Report b) Set Public Hearing on Engineer's Report Notice of Public Hearing to Property Owners 15. 16. 17. Council Meeting a) Public Hearing on Engineer's Report b) Adopt Resolution Confirming Engineer's Report c) Adopt Resolution for Notice of Lien File Assessment Diagram a) City Clerk b) County Recorder Notice of Assessment & Begin 30 day pre-payment period End 30 day Pre-payment Period Due Date of First Billing 18. 19. 20. 21. (M:\HOME\ENGINEER\DESIGN\SCHEDUl.E.AC) tr~i- EXIllBIT RESO DATE 10/10/95 10/24/95 11114/95 11/16/95 12/12/95 12/12/95 12/14/95 1113/96 To be determined PROPOSED BOUNDARIES ASSESSMENT DISTRICT 93-01 . 1911 ACT IMPROVEMENT DISTRICT CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CAIJFORNIA ~ -...: .-.,er T T __~_ L~] .=~~~L~ :=~~~=:==:~:_ ~:V;N;E -=:~~=~__~_ i ,_____1___ ,..--...---l--.--l--.-'l--.--l--.--l--w--in-;..----- -Oi..,..----, i I I .. . I I ~ i! if:' If:'! i'" If:" i~ ! it! ! ~ I I ~ ,... ,... I ,::; '''' ,... I ,... I l:l::: i: -~ "'!! -:!l: -:!l O;:!l :!l::!l '573-351-221 '573-351-231': r,..;.! - 'I.. ,..!' .. , .. ,..!' .. 734 BLI/ AlT. '38 BLI/ AYB.~! Ci) I. to.,.. q:). 0 "'.. ~. Q;I I 'I t--n-n---- ;:: ;:: I:::! 1.! :::! I 1.! I ,.. --,., . i '573-351-131 ii i i i . 184 erST. ::: : ! . --,..J!"':"'-:,.,."l;..,9'-:-L.ft'.,,--~t."_:;L~.~,I,L..,L;.'!'\-.~L,--.~-""~....;,""""~ r---f':-:""':~,p!:;:::~-{ ~:::t:'I'-';':&f1",::;,"r-.i:;;W?f'::;-':"T" fi'Z.:f" ~~-~--i ~ '5;:;~S;;~31 ~. i : ~ fB~~:'~~ I ~ l-----~----'_: Ii i~ I i~ i~ i~ i~ ,:---------- i i ~ , "e. e ~ p. p. I ,~ i!'~ '~i 't: '.. ~,~ i ~ ... .... '0.... : "~1O 1- - I ;:;:: I ~ ::! :!:! I ,. , L.____}____ .. i .. i .. i .. i .. i.. --I------J ____I__'_____~ _____~EqO!'l!________________ A_V~N..U~_______ ---------t-- i i i i i ,----- n_n_n_________________________________________ ------- ..: r- I ~ cmmrr _1 TIlE 1IITIIIN IlAP IIJOWIllG PJlOPOllED BOUIlIlAIlII!S LEGEND' ,&,. I or t'RI ASSZSIDNT DISTRICT. CITY or C'RULA. YlST.t.. cotnn'Y' OJ" SAX DIIOO. STATE or CAlD'D1HIA, WAS APPROVED BY '!'HE em COUNCIL or TIll CITY or CIIULA YIft.l AT .to UGULAR KEl:TtHC lBIUOF, IIILD ON 111I- DAY or . 11M, BY ltDOumOH ND. ~ ~ ~ rJ) : ...., : PBOPOlIID AISIlll!llIIIT DIll!IIICT BOlJIIIWIY CrrY lUU. CrrY lIP CIIVU ~O -: :~-; ':._:; ~ .':~ ~:~;;.:~;:..~;./. .... 01' DII'aa\'DIDT 7IUlD III TIlE omcz or nu: CJTT CUlIlJ( or TIlE CJTT or CIIVU ftSTO TIllS _J)j.T or . .81iJ5. , em' C1i:B. CITY or CBULA ftIU 7IUlD TIllS ~y or , ._. III IOOE AT POGE or )1',"8 O,_~I!:'I_:.-~ DISTRICTS 1M' 1'HI omCl or-mBcouxn aM.;vlDlK Dr na: COUNTY" or IWf moo. I'I'ATE OF CAUrORNU.. DJ'IRENCZ 18 1IIII:DT JW)J TO !HE COtJIITY OF IAN DISCO. non or ~IOOA ASSESSOR P_ IW'S FOR DEl'AILEIl _ONS or DIDI\'JDUAL PAIlCIIS. COUHTY RlCORDER COUHTr OF SAN DIIGO 8'-7 0725-10AD93-01 w.o. NO. AY091 i"'....l \_:1 :J NOTICE OF EXEMPTION TO: II Office of Planning & Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 [F Q [b [g [Q) GrfO'll) J Smith. ~~.t'Cou"h' CII'k SEP 2 \ \994 FROM: Environmental Review Coordinator Planning Department City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 Ixl County Clerk County of San Diego 1600 Pacific Highway, Suite 260 BY DATE: September 16, 1994 Project Title - Alley Improvement-East of Second Avenue, from" J" Street to Kearny Street (STL-220) Project Location - Alley Improvement- East of Second Avenue, from" J" Street to Kearny Street Project Location - City of Chula Vista Project Location - County of San Diego Description of Nature, Purpose, and Beneficiaries of Project The project will involve the installation of concrete paving to City Standards in a currently unimproved alley extending from "J" street to Kearny Streets and between Elm and Second Avenue. A Special Assessment District will be formed to pay for the construction costs of said improvements. Name of Public Agency Approving Project - City of Chula Vista Name of Person or Agency Carrying Out Project - City of Chula Vista Engineering Department Exempt Status: (Check One) _Feasibility/Planning Study (Sec. 1562) _Ministerial (Sec. 15268) _Declared Emergency (Sec. 15269a) _Emergency Project (Sec. 15269 b & c) ....l!...-Categorical Exemption. State Type and Section number: 15301, Class 1c _Not a Project (Sec. 15378) _General Rule (Sec. 15061a3) Reesons why this project is exempt: The proposed project involves the minor alteration (improvement) of an existing public alley end therefore is exempt. Contact Person: Douglas D. Reid Area Code 619 Telephone 691-5101 If filed by applicant: 1 . Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? Yes_ No_ Date Received for Filing " f . r " "1~' CASE t;O. ERE-93-26 15-'r? RESOLUTION NO. /7~~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE BOUNDARY MAP SHOWING THE PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICT 93-01 OF PROPERTIES TO BE ASSESSED FOR ALLEY IMPROVEMENTS WHEREAS, on November 23, 1993 by Resolution 17316, Council accepted a petition for the formation of a special assessment district (1911 Block Act) for the construction of PCC pavement in the alley between J and Kearney Streets bounded by Elm and Second Avenues; and WHEREAS, the City Environmental Review Coordinator studied the potential environmental impacts associated with the implementation of the project and has determined this project is categorically exempt from the requirement for an Environmental Impact Report; and WHEREAS, the City Council of the City of Chula Vista, California, has been presented and has received a map showing the general nature, location and extent of the proposed improvement work, and also designating and describing the boundaries of the area proposed to be assessed in the assessment district under the provisions and authority of the "Improvement Act of 1911", of the Streets and Highway Code of the State of California; said assessment district designated as Assessment District 93-01 (hereinafter referred to as the Assessment District) . NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are true and correct. SECTION 2. That the map of the Assessment District showing the general nature, location and extent of the proposed public improvements and also showing the boundaries of the proposed Assessment District and lands and property to be assessed to pay the costs and expenses of the proposed improvements designated as "PROPOSED BOUNDARIES ASSESSMENT DISTRICT 93-01 1911 ACT IMPROVEMENT DISTRICT" is hereby submitted, and the same is hereby approved and adopted. SECTION 3. That the original map of proposed boundaries of the proposed Assessment District and one copy thereof is to be filed in the office of the City Engineer. SECTION 4. A certificate shall be endorsed on the original and on at least one copy of the map of the Assessment District, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the dates, times and place of hearings on the formation or g'rJ ~/ extent said Assessment District, a copy of said map shall be filed with the correct endorsements thereon with the County Recorder, all in the manner and form provided for in section 3111 of the Streets and Highways Code of the State of California. Presented by APP:r:o;ed as to / .I; ~~'- /l\ orm by (' f4~ John P. Lippitt, Director of Public Works l Bruce M. Boogaar , City Attorney i ( c: \rs\AD93-1 8"17 - ~ RESOLUTION NO. 178'..0 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING INSTALLATION OF IMPROVEMENTS IN ALLEY FROM J STREET TO KEARNEY STREET BETWEEN ELM AVENUE AND SECOND AVENUE, ORDERING THE SUPERINTENDENT OF STREETS TO GIVE NOTICE AND ORDER CONSTRUCTION AND SETTING PUBLIC HEARINGS ON RESOLUTION OF INTENTION TO FORM ASSESSMENT DISTRICT 93-01 PURSUANT TO THE BLOCK ACT OF 1911 WHEREAS, the City Council of the CITY OF CHULA VISTA, CALIFORNIA, is desirous to institute proceedings pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911", of the Streets and Highways Code of the State of California for construction of certain authorized improvements in a special assessment district known and designated as Assessment District 93- 01 1911 BLOCK ACT affecting properties fronting/abutting alley from J to Kearney Streets between Elm and Second Avenue (hereinafter known and designated as the "Assessment District") and WHEREAS, Sections 5875 and 5876 of said Streets and Highway Code authorize the legislative body, upon its own motion, to order the installation of authorized improvements in front of or abutting properties with the costs thereon to be assessed as set forth under the provision of said Chapter 27. WHEREAS, section 5131 requires a resolution of intention to form an assessment district to perform such work and Section 5132 requires public hearings to hear objections by those affected by the district formation NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are true and correct. SECTION 2. That the public interest and convenience requires, and this legislative body hereby orders the construction and installation of certain improvements to an alley by installing PCC pavement in the special assessment district, including speed humps, pedestrian ramps and appurtenances where required, excepting acceptable improvements in place in the City in what is known as the Assessment District. SECTION 3. All of the above mentioned works of improvement shall be generally constructed at the grades, along the lines, between the points, and at the places and in the manner as shown on the plans for said work designated by the number and the name of the Assessment. District, which said plans are hereby approved and adopted. For all particulars as to the alignment of the works and a full and detailed description, reference is hereby '6/3'1 made to said plans and specifications as on file in the Office of the city Engineer. SECTION 4. That the works of improvements, in the opinion of this legislative body, will benefit the abutting and fronting properties within said block, and this legislative body hereby makes the expenses of said improvement chargeable upon the property or properties within the boundaries of the Assessment District, which District is declared to be the area and abutting properties benefitting by the work and improvements for a general description of the Assessment District and area of benefit, reference is made to a map of said district previously approved and said map identified by number of this Assessment District, and said map shall be kept on file with the transcript of these proceedings and open to public inspection. SECTION 5. Pursuant to the provisions of section 5875 of the provisions of Chapter 27 of the "Improvement Act of 1911", it is hereby declared to be the responsibility of the owners of the lots or portions of lots fronting/abutting the public alley where this legislative body, pursuant to said Section, by its own motion, orders the installation of the improvements, and the property owners shall have the duty and responsibility of constructing or causing the construction of said improvements fronting\abutting their properties to commence within sixty (60) days upon notice so to do by the Superintendent of Streets. If the work is not commenced by the property owners within said period, the Superintendent of Streets shall proceed to cause said work to be completed. SECTION 6. That all of the work and improvements herein proposed shall be done and carried through and financed pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911", of the Streets and Highways Code of the State of California. For all particulars, reference is made to said "Act", and the provisions contained therein. SECTION 7. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 9TH AND 16TH OF MAY 1995, AT THE HOUR OF 6:00 P.M., IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL CHAMBERS, PUBLIC SERVICES BUILDING, 276 FOURTH AVENUE, CHULA VISTA, CA., ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED WORK OR IMPROVEMENTS OR THE PROCEDURE ESTABLISHED HEREIN SHOULD APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE CARRIED OUT IN ACCORDANCE WITH THIS RESOLUTION. SECTION 8. If the work is done by the city, and if the assessment cost is not paid upon confirmation of the assessment, the City shall collect payment of the assessments, annual installments, and interest in accordance with the provisions of section 5895 of Chapter 27 of the "Improvement Act of 1911", of the Streets and Highways Code of the State of California. The number of annual installments shall be 10 and the interest rate shall be 7 percent per annum. ~[J",,,,z SECTION 9. The Superintendent of Streets is hereby directed to notify the owner or person in possession of the properties fronting/abutting that portion of the alley in the block where work is to be constructed and directing them to construct or cause to be constructed the improvements within sixty (60) days after notice is given, and to diligently and without interruption prosecute to completion said work. A. Notice shall be given by mailing a letter, postage prepaid, to the property owners at their last known address as the same appears on the last equalized assessment roll used by the City for tax collection, or to the name and address of the person owning such property as shown on the records of the City Clerk. B. The city Clerk shall cause a copy of the proposed boundary map to be filed in the Office of the county Recorder within fifteen (15) days after the adoption of this Resolution setting dates, time and place for the public hearings. C. The CIty Clerk shall cause the Intention to be published twice, publication occurring at least ten to the second public hearing. Resolution of wi th the first (10) days prior SECTION 10. The estimated cost to the City of the works of improvement as proposed under these proceedings, is estimated to be $72,000.00. SECTION these proceedings, protest procedure, designated below: 11. For any and all information relative to including the information relating to the your attention is directed to the person Donna Snider, civil Engineer city of Chula vista P.O. Box 1087 Chula Vista, CA 91910 Telephone: (619) 691-5266 Presented by Approved as to form by Lt1t. , City John P. Lippitt, Director of Public Works Bruce M. Attorney c: \rs\ad93-1 ,?,{J"- -3 COUNCIL AGENDA STATEMENT Item 1 Meeting Date 3/28/95 ITEM TITLE: Report on Review Process for Public Review Draft of Multiple Species Conservation Program (MSCP) Plan and Environmental Impact Report/Environmental Impact Statement SUBMITTED BY: Director of Planning ;li1/ REVIEWED BY: City ManageUG( \;.I.);.~ (4/Sths Vote: Yes_NoX) The City of Chula Vista has been particiPk{ng-::the development of a draft Multiple Species Conservation Program Plan, which is being prepared by the City of San Diego Metropolitan Wastewater Department for its regional sewerage service area, including Chula Vista and several other jurisdictions. The City of San Diego recently released a public review draft of the MSCP Plan, and has published a schedule for review of the draft plan and accompanying Environmental Impact Report/Environmental Impact Statement (EIR/EIS), which will be released in May. The following is a status report regarding the MSCP Plan and EIR/EIS process, as well as discussion regarding public noticing and public information efforts which are being undertaken in the City of Chula Vista in regard to this program. RECOMMENDATION: That City Council accept the attached report. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission received copies of the Notice of Preparation and Notice of Intent for the draft MSCP Environmental Impact Report/Environmental Impact Statement at its meeting on March 20, and will be providing comments to staff regarding these documents. DISCUSSION: Schedule for Review of MSCP Plan and EIR/EIS On March 1, the City of San Diego released the draft MSCP Plan (see Attachment 1, Executive Summary) as well as a draft schedule for public review of the draft MSCP Plan and EIR/EIS (Attachment 2). This schedule calls for a 90-day review period for the draft Plan; a 30 day review period for the "Notice of Preparation of the EIR/EIS;" and a 45-day review period for the draft EIR/EIS. In addition, the City has scheduled three "regional public workshops" to discuss the draft Plan, one of which is scheduled to be held in Chula Vista on Saturday, April 8, at 9 AM at Castle Park High School. Our staff has provided input into this schedule, and we feel that overall it provides adequate opportunity for public input on the various components of the plan. However, we wish to 9-/ Page 2, Item .1 Meeting Date 3/28/95 highlight the fact that the 45-day review period for the EIRlEIS is the minimum permitted by State law, and the City of Chula Vista has provided extended review periods (60 days or more) for EIR's for major projects which involved possible public controversy. While we feel that the 45-day review period will be adequate for our staff to prepare comments on the draft EIR/EIS, we are recommending that the City of San Diego extend the review period to at least 60 days to ensure adequate opportunity for public input regarding the draft EIR/EIS and avoid future legal challenges on this issue. Public Noticing and Public Information Efforts The City of San Diego on March 14, 1995 mailed out an information brochure (Attachment 3) to owners of property within the City of San Diego which is located within the Multi-Species Habitat Planning Area (MHP A) boundary designated in the draft MSCP Plan. The County of San Diego is planning to distribute a similar brochure to landowners within the unincorporated area, as are other cities within the MSCP study area. Our staff will be mailing a copy of the City of San Diego's information brochure, along with a cover letter, to the owners of property within the draft MHP A boundary within the city limits of Chula Vista during the week of March 23, 1995. A telephone line for interested parties to call to obtain information about the program is in place. The information brochure includes invitations to residents and property owners in the planning area to attend one of three public information workshops. As noted earlier, one of the three workshops will be held on Saturday April 8, 1995 at Castle Park High School between 9:00 A.M. and 1 :00 P.M. The workshop will feature an open house format. Following a brief introduction of the MSCP and the content of the draft plan, members of the public may talk with individual program planners in small group discussion settings. City staff will be participating in this workshop. The information brochure also publicizes the fact that the Draft MSCP Plan may be reviewed at the City of Chula Vista Library and the Planning Department. In addition, our staff will be requesting the City Council to schedule a Council workshop in the near future to receive a staff presentation on the draft MSCP Plan and other related open space planning programs, including the Otay Valley Regional Park Plan, and the proposals of the U.S. Fish and Wildlife Service regarding the Otay-Sweetwater and South San Diego Bay National Wildlife Refuges. Comments on "Notice of Preparation" and "Notice of Intent" for EIR/EIS for MSCP Plan As part of the enviromnental review process for the MSCP Plan, an enviromnental document will be prepared. Because the U.S. Fish and Wildlife Service is being requested to adopt this Plan along with the local jurisdictions, the enviromnental document will be designated as a joint "Enviromnental Impact Report/Enviromnental Impact Statement (EIR/EIS), " in order to comply with both the California Enviromnental Quality Act (CEQA) and National Enviromnental Policy 9~2 Page 3, Item 2- Meeting Date 3/28/95 Act (NEPA). Attached are the "Notice of Preparation" for the EIRIEIS which was prepared by the City of San Diego (lead agency for the EIR) and "Notice of Intent" for the EIS which was prepared by the U.S. Fish and Wildlife Service (Attachments 4 and 5). Our staff is in the process of reviewing both of these documents, and will be forwarding comments on both documents prior to the April 2 deadline for the NOP. If Council wishes to direct any specific comments regarding either the process or content of the EIR/EIS, they should be communicated to staff and forwarded as part of the response to the NOP and NO! being prepared by staff. FISCAL IMPACT: Chula Vista staff costs and other processing costs associated with the current phase of the MSCP Plan are being supported by the City General Fund. Attachments: I) Executive Summary, Draft MSCP Plan 2) Multiple Species Conservation Program (MSCP) Plan and Joint EIRlEIS Schedule for Completion 3) City of San Diego Information Brochure on MSCP Plan 4) Notice of Preparation of a Draft Joint Environmental Impact Report (EIR)/Enviromnental Impact Statement (EIS) 5) Notice of Intent and meeting - U.S. Fish and Wildlife Service (F:\HOME\PLANNING\MSCPDRFT .AIl) 93 DRAFI' MULTIPLE SPECIES CONSERVATION PROGRAM (MSCP) PLAN EXECUTIVE SUMMARY March 1, 1995 Table of Contents ~ 1. Introduction and Objectives 1 2. Study Area Biology, Ownership and Land Uses 2 3. Conservation Plan 5 3.1 Plan Description 5 3.2 Biological Conservation 6 3.3 Preserve Assembly and Operation 10 3.4 Implementation Process and Structure 14 4. Compatible Uses and Preserve Management Guidelines 16 5. Economic Impact Analysis 18 6. Statement of Assurances and Implementing Agreement 20 7. Planning Process and Participants 21 1-'/ /9~? ATTACHMENT 1 '0~#9 j/ / I I DRAFf MULTIPLE SPE CONSERVATION PRO (MSCp) PLAN r-~ DRAFf MULTIPLE SPECIES CONSERVATION PROGRAM (MSCP) PLAN EXECUTIVE SUMMARY March 1, 1995 1. INTRODUCTION AND OBJECTIVES The Multiple Species Conservation Program (MSCP) is a comprehensive habitat conservation planning program for 581,649 acres in the southwest portion of San Diego County. The intent of the program is to plan for habitat preservation to protect our region's biodiversity, create an interconnected open space system of native habitats and allow for economic development. The program objectives are as follows: a. Efficiently and effectively comply with the Endangered Species Acts through a regional and habitat-based approach to protect endangered, threatened and rare species and to preclude the need to list more species as endangered or threatened. b. Enable and facilitate economic development of the region, including development of public and private projects, on lands not designated for habitat preservation. c. Achieve a workable balance between preservation of natural resources and regional growth and economic prosperity. To achieve these general objectives, the draft MSCP Plan contains the following elements: 1. The plan defines a proposed Multi-Habitat Planning Area (MHPA) within which preserve planning is focused, or in some cases, within which a preserve boundary is defined for future dedications and acquisitions. This MHP A conserves sufficient habitat to protect an identified list of species and provides for wildlife use and movement to permit self-sustaining populations. 2. A partnership is proposed between federal, state and local agencies of government and with private property owners to cooperatively implement the pIan through local project review and approvals and through public commitments of lands and money for acquisition. 3. The plan provides a framework for development of subarea plans (more specific habitat conservation plans) and/or project plans to directly implement the MSCP, and provides guidelines on land use regulations and project mitigation for local jurisdictions to develop their own implementing tools. 4. A financing and acquisition strategy is presented which equitably spreads costs among all beneficiaries and provides an affordable program. 9~7 Executive Summary of Draft MSCP Plan (311/95) Page 2 5. Recommendations for long-term management and for monitoring of the system build-out and success are provided, along with guidelines for compatible land uses and activities within and adjacent to the preserve. 2. STUDY AREA BIOLOGY, OWNERSHIP AND LAND USES Biology The MSCP study area occupies approximately 900 square miles (581,649 acres) in southwestern San Diego County and includes the City of San Diego, portions of the unincorporated County of San Diego and 10 additional city jurisdictions. The area is bordered by Mexico to the south and the San Dieguito River Valley to the north (see the map on the following page). Approximately 41 % of the study area is developed or disturbed by urban development, and 5% is in agriculture. The rest (54 %) is vegetated with 18 native habitat types. These vegetation communities, with the exception of chaparral and non-native grasslands, are considered to be sensitive or rare or have state or federal regulatory protection. Three habitat types make up the majority of the vegetation in the study area: coastal sage scrub (37%), chaparral (35%) and grasslands (9%). The remaining habitat types each occupy between 1-3% of the study area. Many of our area's native vegetation communities have experienced significant losses from development. As a result, San Diego County has a greater number of threatened and endangered species than anywhere in the continental U.S. Over 200 plant and animal species that are federa11y and/or state endangered, threatened, rare, or proposed or are candidates for listing occur in the County. Over half of these species occur in the MSCP study area, although the area comprises only 20% of the County. The U.S. Fish and Wildlife Service (USFWS) selected 93 of these species (48 plants and 45 animals) as target species to aid in developing a viable habitat preserve system. This plan designates 43 of the 93 target species as "priority" species . if they are state or federally listed, proposed for listing, category 1 candidates for listing or state Natural Communities Conservation Program (NCCP) target species. NCCP. In 1991, the state of California established the Natural Communities Conservation Program (NCCP), with a pilot program to preserve coastal sage scrub habitat. In March, 1993, the California gnatcatcher was listed as threatened by the federal government, with a unique opportunity to ensure the protection of this species through the state-established NCCP or through an equivalent program like the MSCP. Because the California gnatcatcher occupies coastal sage scrub and related vegetation communities in areas of the County subject to development pressure, the adequate protection of this particular species has been a priority of the MSCP. Biological Core Areas. A key step in developing the MSCP Plan is prioritizing the most critical biological resource areas for preservation. An extensive Geographical Information System (GIS) data base has been created with vegetation communities, species locations, topography, soils, 9 - 8'" LEGEND EJ MSCP Study Area ~ Unincorporated /..; Jurisdictional Boundaries --.;.-- /'V /"'if MSCP Study Area Boundary fr88ways Major Slr8<Ins Source: SANDAG - , "," '...... dIIN J...IlKIk.dons within MSCP Study Area ..... o , Q 5.5 , MILES 9/t 3 Executive Summary of Draft MSCP Plan (3/1/95) Page 4 drainage and other physical factors. These factors have been used to develop a Habitat Map of Evaluation Map which ranks each quarter-acre parcel with Very High to Low rankings of potential habitat value. This map can then used as a regional tool to identify biologically important areas (core areas) and habitat linkages between the core areas. Sixteen (16) core biological resource areas and associated linkages (202,800 acres of habitat) have been identified by the draft MSCP Plan. The core areas and linkages serve as a basis for designing the preserve system boundaries; unfragmented core resource areas and linkages are recommended by the plan to be maximized in the preserve. Ownership. The study area contains over 300,000 acres of habitat, with two-thirds (64%) being privately owned. Over one-third of the habitat land within the MSCP study area is in public ownership; the federal government owns 41 % of the public habitat lands and the state owns 6%. Because so much of the habitat in the study area is privately owned, the ability of the region to equitably preserve portions of this land and to develop an affordable preserve system is a critical issue. The location of habitat by jurisdiction is illustrated below. A majority of the habitat in the study area (62%) is in the unincorporated portion of the County; however, this 62% includes lands owned by the Bureau of Land Management and the City of San Diego (Otay Lakes, San Vicente, Marron Valley). Approximately 22% of the habitat lands in the study area are in the City of San Diego's jurisdiction, excluding the Miramar Naval Air Station. 200,000 PUBUC AND PRIVATE OWNERSHIP OF HABITAT (MSCP Study Area) 201,892 LOCATION OF HABrrAT BY .JURISDICTION (MSCP Study Area) 200,000 1116 830 50,000 50,000 150,000 150,000 HABITAT 1_ 112,998 100,000 100,000 ~3O,076 HABITAT 1_ o o ......., LANDS PRIVATE lANDS ,I Q " ~ ~ (j #' " dolt .,~ q,O of ~... (j " ..t il'. ~. c/' OWNERSHIP JURISDICTION 9-/tJ Executive Summary of Draft MSCP Plan (3/1195) Page 5 Land Uses and Regional Growth In 1990, the population in San Diego County was 2.5 million. According to a recent growth forecast by the San Diego Association of Governments (Sandag), the region's population is anticipated to grow to 3.8 million by the year 2015, with civilian employment increasing from 1.1 to 1.5 million. To accommodate this growth, it is expected that the region will need approximately 457,000 additional housing units. The existing general and community plans (unaffected by the proposed MSCP) would accommodate residential growth up to around 3.3 million persons, which is forecast to be reached in the year 2005. A regional land use strategy is being developed to accommodate this growth while maintaining quality of life objectives. The MSCP Plan can assist in developing this strategy by more clearly establishing areas for preservation and for development and in streamlining the development process once preserve areas are delineated. Gap Analysis A "gap analysis" is the process of overlaying data layers describing biological resources, ownership and land use to identify where resources are currently protected and to determine gaps in conservation protection. The currently protected areas serve as building blocks for designing the preserve. A gap analysis has been completed for the MSCP and reveals which habitat lands are already permanently protected and managed as habitat and which habitat lands are designated in land use plans as parks or open space. Approximately 71 % (80,388 acres) of all public lands with habitat and just under one-fourth (47,401 acres) of all private habitat lands in the study area are either protected or planned for protection/open space (as of 1994). Approximately 45 % (91,623 acres) of the total core and linkage habitat areas is currently dedicated open space or planned as open space in General/Community Plans, while only one-fifth of the linkages are protected (as of 1994). 3. CONSERVATION PLAN 3.1 Plan Description The lands proposed for open space and habitat preservation are located within the draft Multi- Habitat Planning Area (MHPA). The draft MHPA has been cooperatively designed by the 12 participating jurisdictions in consultation with the USFWS/CDFG staff, major property owners and environmental groups, based on biological, economic, ownership and land use criteria. Planning staff from the five jurisdictions with the most habitat (County and cities of San Diego, Chula Vista, Poway and Santee) developed focused planning area lines, within which the future preserve would be sited or considered for inclusion, or "hard line" preserve areas. The County's proposed focused planning area calls for 70% of the habitats within the lines to be conserved. The actual conservation boundaries will be developed through the preparation of 1-// Executive Summary of Draft MSCP Plan (3/1/95) Page 6 subarea plans. Subarea plans are more specific habitat conservation plans which define habitat preserve boundaries and implementation measures. In addition, public lands and mitigation lands for large developments and a linkage area are shown for 100% or 90% preservation. The County's portion comprises 110,030 acres of habitat, or 67% of the MHPA (including 24,306 acres owned by the Bureau of Land Management). The City of Poway is developing a subarea plan which designates publicly owned, open space areas and other lands conserved as mitigation for 100% conservation; areas zoned for low density residential for 80% conservation; and prioritizes areas for acquisition as additional 100% lands. The cities of Santee, Chula Vista and San Diego have proposed "hard line" preserve boundaries, within which 90-100% of the habitats are proposed to be conserved. City of San Diego lands comprise 37,167 acres of the MHPA, plus additional lands owned by the City outside its jurisdiction. City of San Diego lands comprise 23% of the MHPA and 55% of all habitat within the City's jurisdiction. 3.2 Biolol!ical Conservation The proposed MHPA conserves 164,326 habitat acres, over half (52%) of the habitat in the MSCP study area, including 60% of all coastal sage scrub and 73% of the core biological resource areas and linkages. Almost three-fourths of the habitat conserved are coastal sage scrub and chaparral, with wetlands and grasslands comprising another 17%. It is assumed that 100% of all wetland habitats will be conserved within the MHPA (i.e. no net loss). Approximately 66% of all Very High value lands and 52% of all High value lands in the study area are proposed for conservation as well. The preservation of vegetation communities and habitat values are summarized in Table 3-3. Much of the coastal portion of the MHP A is comprised of smaller habitat patches which are completely or nearly isolated by development. As much as 17% of the total MHPA area (27,455 acres) could be subject to existing and future edge effects (adverse impacts from development), based on the assumption that edge effects extend 200 feet into the preserve. Appropriate management techniques for these and other potential impacts are addressed in Section 4 of the plan. Fifty seven (57) target species will be conserved by this draft plan, if adopted, including 29 priority species, and 28 other target species. Two NCCP target species, the California gnatcatcher and the orange-throated whiptail, are included on the "covered species list", as are 17 other NCCP species. Each jurisdiction will receive permits to take listed species which are adequately protected by the plan (referred to as "take authorizations"), under the condition that all other implementing actions, as described in this plan, are fulfilled. l( -/~ Executive Summary of Draft MSCP Plan (3/1195) Page 7 Protection Status ~ Animals Tht& Federally listed (1) 3 10 13 State listed (2) 10 1 11 Federally proposed 2 1 3 Federal candidates(CI & C2) 18 10 28 Other (no status) 0 2 2 Total 33 24 57 (1) may also be state listed (2) may also be federal proposed or federal candidate) In determining adequate conservation of species, the analysis focused on the percent of major populations that would be conserved in the MHP A; percent of appropriate habitat conserved was used for those species with few or spotty documented occurrences in the study area. Each species was also assessed on the level of risk, including edge effects, degree of protection outside the MHP A afforded by state and federal wetlands regulations and topographic inaccessibility . Wetlands 11% Grassland 6% Chaparral 32% Coastal Sage Scrub 42% Composition of Vegetation Communities Conserved in the MHP A 9,-/3 .~~Jwd 1lIIs draft map dIpIcls areas wllhln whlclt . habIlat P/1S8MlS may be crea18d, and IS IntInd8d for IIIlmalll1g habItII prolBcIIon and eosls far 1he draft Mul1lole SIlecIes Consel'lallon PJ1lgl3lII (MSCP). The 1110- logical data haw YaJYlng soun:es and IIDJI1Cy; sI1I-spedftc dilla shall upda1J 1he data base, and may modfy 1lIis dr.III . map. It Is not In1Inded lhat III lands within 1he 8nes beP/1S8rved (some dMIopment wiD be aBowed), and some l18li lIU1SIde the lines may ulllmalely . be h:luded In 1he pqserve. The MSCP Plan must be lIPPfOVed by 1he Coonclls and Board Of Supervisors for the d1Ies lAd c:aunly before 1lIis information Is. used 10 IIlIIlIdI land use. . DRAFT - - _ 100% Habitat PnlSlrve IDii)i!ii'~1 llO% Habitat Preserve _ llO% Habitat Pnlserve ~ 70% Habitat Preserve Pen:ent preservation appUes only 10 habitat lands ~ ~ ~..., - MSCP Study Area Boundary Freeways Major Slraams Lakes and Lagoons Q &.6 , :f .:;::; ::t, ~:'::; :~:i o . MUS IJIIB Multi-Habitat Planning Area 9-/1 ..... 1 ./i,r - .... J~ 8 Table 3.3 VEGETATION COMMUNITY ACRES PRESERVED WITmN MSCP MULTI-HABITAT PLANNING AREA (MHPA) Total MSCP MHPA % of MSCP Study Area Total MHPA Conserved Veg. Comm. Vegetation Communities (acres) (acres) (acres) Conserved Beach 1206 627 602 50% Saltpan 235 212 212 90% Southern Foredunes 188 140 139 74% Southern Coastal Bluff Scrub 198 144 130 66% Coastal Sage Scrub 115,636 80,323 69,782 60% Maritime Succulent Scrub 1,804 1,000 924 51% Chaparral 110,191 59,047 52,475 48% Southern Maritime Chaparral 1,777 1,196 1,076 61% CSS/Chaparral Scrub 3,878 1,721 1,431 37% Grassland 28,400 11 ,546 10,389 37% Southern Coastal Saltmarsh 1,870 1,732 1,732 93% Freshwater Marsh 817 523 523 64% Riparian Forest 1,328 1,102 1,102 83% Oak Riparian Forest 5,382 3,053 3,053 57% Riparian Woodland 731 588 588 80% Riparian Scrub 5,395 4,278 4,278 79% Oak Woodland 5,622 3,098 2,604 46% Torrey Pine Forest 169 152 137 81% Tecate Cypress Forest 5,696 5,615 5,531 97% Eucalyptus Woodland 1,631 440 370 23% Open Water 5,726 5,222 5,222 91% Disturbed Wetlands 928 754 754 81% Natural Flood Channel 860 731 731 85% Shallow Bays 9,581 412 412 4% Pacific Ocean 4,888 0 0 0% Other* 756 143 131 17% Subtotal Habitats 314,890 183.798 164,326 52% Disturbed 22,984 5,993 0 Agriculture 28,594 5,267 0 Developed 215,181 2,048 0 Subtotal 266,759 13,308 0 TOTAL 581,649 197,106 164,326 · Disturbed, Agriculture, and Developed areas with habitat value. Note: Numbers may not sum to total as shown, due to rounding. Source: 1994 MSCP GIS data base. 9 9-;/ I J092IOOO-PIa. Executive Summary of Draft MSCP Plan (3/1195) Page 10 3.3 Preserve Assembly and Operation For planning purposes, there are three principal groups of participants and beneficiaries in the conservation program: 1) federal and state governments; 2) local governments; and 3) private landowners. These three groups willI) commit and manage for habitat use certain lands they currently own and 2) acquire additional lands in private ownership inside the MHPA. These actions are summarized in Table 3-9 as management or dedication of lands and funding of habitat acquisition and maintenance. The more private lands preserved as open space or habitat lands through local land use regulation or dedicated as habitat lands through mitigation, the less need for acquiring habitat within the MHP A through other sources. The plan recommends that local jurisdictions establish encroachment limits for habitat conservation on private lands within the MHPA, and establish other land use regulations and resource protection guidelines to help implement the MSCP. In this plan, two cases are analyzed to illustrate acquisition costs if high rates of conservation are required on private lands (Case A, low acquisition program) or if lower rates of conservation are required on private lands (Case B, high acquisition program). The two cases assume that all habitat acquisition will be accomplished by purchase, and none by alternative methods such as land exchanges. Case A (Low Acouisition Program) Case B ffiil!h Acquisition Pro~m) Total Acquisition Costs $271 million $513 million Financing cost (interest) for local government $ 17 million $ 88 million Operation, maintenance & management (1st 30 yrs) Total 3D-yr program costs $145 million $150 million $433 million $751 million Federal and State. The combined federal and state share of the total program costs is estimated to be $153 million in Case A and $282 million in Case B. It has been assumed that the federal and state governments will together fund one-half of the habitat acquisition cost, based on the standard approach of federal and state funds matching local funding. Federal and state sources of funds are expected to include the federal Land and Water Conservation Trust Fund, Section 6 of the federal Endangered Species Act and state bond measures. Additionally, the federal and state governments will conserve and manage approximately 31,861 acres of habitat they currently own in the proposed preserve. ~. The local share of the 3D-year program costs in 1994 dollars is estimated to be $165 million (38%) in Case A and $357 million (48%) in Case B, with the difference due to 9-/1-- Executive Summary of Draft MSCP Plan (3/1/95) Page 11 additional habitat acquisition and the cost of debt financing. The local share may be financed through a variety of sources, any of which could be subject to voter approval. The costs range from $7 to $9 per household per year under Case A, and from $15 to $20 per household per year under Case B. Potential local sources of public financing include: Parcel tax!benefit assessment (Assembly Bill 2007) Habitat maintenance assessment district (Senate Bill 445) Me1lo-Roos community facilities district Ad valorem taxlgeneral obligation bond program Annual fee on water or sewer rates Regionwide utility tax Sales tax As part of the MSCP, local jurisdictions and special districts will preserve and maintain the natural habitat they currently own in the MHPA, which amounts to approximately 39,875 acres. Most of these lands are already protected in open space preserves and passive parks. Private. Private projects are anticipated to acquire habitat inside the MHP A as off-site mitigation and to fund a portion of the operation and maintenance cost. The plan assumes that future development's impacts to habitat outside the MHPA will be mitigated through conservation of habitat inside the MHP A. For all private parcels containing at least some habitat inside the MHPA, the avera!!e land value is estimated to be $17,800 per acre, with a median value of $10,300 per acre. It is estimated that future private projects requiring off-site mitigation will purchase 10,000 acres of habitat at the median price of $10,300, at a total cost of $103 million. The MSCP Plan provides flexibility in how future development impacts are mitigated by each jurisdiction, and provides for options such as mitigation fees. Varying land use regulations and mitigation for future projects inside the MHPA also affect acquisition costs, as shown in Cases A and B. For habitat inside the MHPA, land use regulations are assumed to emphasize avoidance by limiting encroachment onto sensitive biological resources. For illustrative purposes, the encroachment allowed for private development inside the MHPA was based on a "base development area" of 40% (Case A) and 60% (Case B) of gross property area. That is, each property was assumed to have the opportunity to develop habitat as necessary to achieve this area of development. For each property, a minimum of 2 acres was also assumed to be available for developed uses. Any habitats impacted beyond the encroachment limitation are assumed to be replaced with habitat of equivalent acreage and value. Table 3-18 presents the two illustrative cases of preserve assembly based on low and high acquisition programs. The total amount of habitat acquired in Case B exceeds Case A by 16,500 acres. A case assuming a 20% base development area was also analyzed. In this case, the total acres of habitat conserved on-site (without compensation) would exceed the conservation goal for private habitat, though some public acquisition (2,300 acres) may be needed to improve connectivity and configuration. This case is a less conservative estimate of costs of the MSCP. 9~J7 Table 3-9 SUMMARY OF PRINCIPAL ACTIONS FOR PRESERVE ASSEMBLY AND OPERATION Responsibility Acres of Habitat to Be Conserved in MHP A 1. Federal and State Governments a) Manage and maintain cwrently owned natural habitat located in MHP A according to MSCP guidelines. b) Establish a long-term program to purchase privately owned habitat in MHP A. Manage and maintain natural habitat acquired with federal or state funds. Alternatively, provide funding to participating local governments to acquire and maintain the equivalent amount of habitat in MHP A. 2. Local Governments a) Manage and maintain cwrently owned natural habitat located in MHP A according to MSCP guidelines. b) Acquire privately owned habitat in MHPA by purchase or by other non-financial methods such as land exchanges and transfers of development rights. Manage and maintain natural habitat acquired under the local program. c) Assure conservation of natural habitat on privately owned land in accordance with local land use regulation, environmental review, and resource protection guidelines. 3. Private Landowners a) Conserve on-site natural habitat cwrently in private ownership in accordance with local land use regulation, environmental review, and resource protection guidelines. Maintain habitat in accordance with MSCP guidelines. b) Provide off-site mitigation through purchase of privately owned habitat inside MHP A, for impact to habitat outside MHP A, in accordance with resource protection guidelines. Total to Be Conserved in MHPA 31,860 acres 11,300 - 19,100 acres 39,870 acres 2,700-II,400acres See below. 52,100 - 68,600 acres 10,000 acres 164,326 acres Source: Onaka Planning & Economics; Tables 3-11 and 3-13 through 3-16. Figures have been rounded except for IOtallO be conserved in MHP A. 110921000.Plan 12 1/'/15 Table 3-18 ILLUSTRATIVE CASES OF PRESERVE ASSEMBLY BASED ON LOW AND HIGH ACQUISITION PROGRAMS Case A CaseB Low Acquisition High Acquisition Source Program (acres) Program (acres) Federal and State Governments . Maintain currently owned habitat I 31,860 31,860 . Acquire additional habitat 11,300 19,100 Local Governments . Maintain currently owned habitat 2 39,870 39,870 . Acquire additional habitat 2,700 11 ,400 Private Landowners . Conserve currently owned habitat located in Pending private projects 3 31,100 31,100 Future private projects which impact habitat inside the MHP A 4 37,500 21,000 . Net off-site mitigation obligation by all private projects (excluding on-site 10,000 10,000 conservation) 5 Total habitat in preserve 164,330 164,330 Acquisition Summary Total habitat acres acquired by all sources 6 24,000 40,500 Total acres of parcels acquired 7 24,800 42,500 Total acquisition cost ($ Million) 8 $271 M $513 M Source: Onaka Planning & Economics; 1994 MSCP GIS data base (Ogden, SourcePoint). Figures have been rounded. I Table3-Il. 2 Table3-l3. 3 Table 3-14. Low estimate is used in both cases. 4 Estimated habital conservation by future projects which impact habitat inside the MHP A. See Table 3-15 and discussion in text 5 See Section 3.3.5. 6 Total privately owned habitat acquired by federal, state, and local governments and private projects which impact habitat outside the MHP A. 7 Total acres of private parcels which contain the habitat noted (see lext for a discussion of potential acquisition). 8 In 1994 dollars. J J0921000.Plan 13 9--/7 Executive Summary of Draft MSCP Plan (3/1/95) Page 14 Operation. Maintenance and Manal?ement Costs. The average cost of preserve operation and maintenance is estimated to be $36.50 per acre per year, or $6 million per year for a 164,300- acre preserve. Program management and administration are estimated to cost $7.50 per acre per year, or $1.2 million per year for the preserve, plus an additional amount for preparing planning documents such as subarea plans. Total costs of operation, maintenance and management are approximately $45 per acre per year. 3.4 Implementation Process and Structure Implementation of the MSCP will occur through land acquisition by the federal, state and local governments and through land use review and approval actions of the local jurisdictions. Federal, state and local commitments of publicly-owned lands to the MHP A will also serve to build the preserve system. Therefore, the proposed implementation structure for the MSCP relies on existing institutions to implement the MSCP, primarily the eleven cities and the County. These jurisdictions will use the MSCP Plan as a framework or subregional plan to guide the preparation of subarea plans and development project plans, which are the basic building blocks of MSCP implementation. The MSCP will be incrementally implemented by: a) review of projects for consistency with "hard line" preserves and recommendations of the MSCP, or; b) through the preparation or approval of subarea plans by local jurisdictions and subsequent review of projects. This process maintains local jurisdiction flexibility. Regardless of the process chosen, the end result will be an approved "hard line" preserve before taking of the habitat and species may proceed. This plan proposes a new process for implementing the state and federal Endangered Species Acts (ESA) in that local jurisdictions will obtain authorizations from the state and federal governments to take listed species, and the jurisdictions will then exercise their land use review and approval powers in accordance with the MSCP Plan and each jurisdiction's implementing agreement with the wildlife agencies. Each jurisdiction will enter into an implementing agreement with USFWS and the California Department of Fish and Game (CDFG) to obtain permits to take listed species, to obtain pre-listing agreements and assurances for unlisted species, and to specifically outline the responsibility of each jurisdiction and the agencies in implementing the MSCP. The 5% limit on interim take of coastal sage scrub, imposed as part of the state's NCCP program, will be replaced by the conditions of each jurisdiction's implementing agreement. The MSCP approval and implementation process is summarized in Table 3-21. Land Use Re$POnsibilities of Local Jurisdictions. Each local government is expected to adopt the final configuration of the proposed MHP A within its jurisdiction and adopt the recommendations of the MSCP Plan through amendment of its General Plan or other applicable plans. Zoning would be retained or properties rezoned, as needed, and zoning regulations amended to reflect the MHPA and to achieve consistency with the MSCP Plan. The MSCP guidelines for compatible land uses in and adjacent to the MHPA are also expected to be incorporated into the General Plan, zoning regulations, and approval process for projects, 9 --02.0 Table 3-21 MSCP APPROVAL AND IMPLEMENTATION PROCESS 1. Local jurisdictions requesting take authorizations submit draft MSCP Plan to wildlife agencies. 2 . Wildlife agencies review plan within 90 days. 3 . Local jurisdictions and wildlife agencies agree on contents of final MSCP Plan. 4. Local jurisdictions adopt MSCP; jurisdictions and wildlife agencies cenify CEQAJNEPA documents. 5. Local jurisdictions and wildlife agencies sign implementing agreements. a. Agreements convey take authorizations to local jurisdictions. b. Local jurisdictions incorporate MSCP Plan into general plans and, if necessary, zoning ordinances. c. Localjurisdictions apply protection to habitats covered by MSCP Plan. 6. Local jurisdictions panicipate in a subregional or regional open space acquisition program. 7. Local jurisdictions implement MSCP Plan incrementally through local project review and approval process. a. Local jurisdictions prepare subarea plans if needed. b. Applicants prepare project plans and local jurisdictions process project plans. 8 . Local jurisdictions cenify projects in compliance with MSCP. 9. Wildlife agencies review subarea plan during 3D-day comment period. 10. Wildlife agencies issue letter of concurrence on subarea plan. For project plans, if no comment or letter of concurrence is received from wildlife agencies, local jurisdictions may issue permits. 11. Local jurisdictions repon fmal project or subarea plan impacts to entity responsible for regional monitoring. Jurisdictions monitor permit compliance. See also Section 3.3.4 for a discussion of planning and administtative actions by local jurisdictions. 15 9 ~c2l lI092JOOO Executive Summary of Draft MSCP Plan (3/1/95) Page 16 including adoption of appropriate mitigation guidelines. Procedures and regulations for interim controls are also necessary to address activities that would potentially impact sensitive habitats. The current method of individual wildlife agency review of public and private projects will be stream1ined by the fact that take authorizations will be issued in advance to the local jurisdictions through the signing of implementing agreements. Plan Monitoring. Monitoring of MSCP Plan implementation involves two separate components: a) annual accounting of the amount, type and location of habitat conserved and destroyed (taken), and; b) biological monitoring by surveys and other data collection to assess the success of the preserve system in conserving plant and animal species, with reporting expected every three years. Institutional Structure. Loca1 jurisdictions are currently discussing a local structure to coordinate plan implementation. Tasks which must be fulfilled by the responsible jurisdictions or other entity, or through shared responsibility, include: A. Fund raising & acquisition (fund acquisition, establish mitigation banks) B. Plan coordination (maintain data base, coordinate with other regional habitat plans, monitor preserve system implementation, conduct public outreach) C. Preserve management (prepare management plans, manage preserve areas, conduct biological monitoring, oversee restoration or revegetation) The local jurisdictions should select the groups and agencies who will provide coordination and implementation during the MSCP Plan adoption process. Though establishment of a conservancy to perform acquisition or management is being considered, the creation of a new Joint Powers Agency (JP A) is not being recommended. 4. COMPATIBLE USES AND PRESERVE MANAGEMENT GUIDELINES The purpose of the proposed MSCP preserve system is to conserve biological diversity and maximize preservation of target species, while providing open space for public recreation and other land uses, as appropriate. A general land use compatibility chart is provided in Table 4-1. Uses are categorized as either compatible, conditionally compatible or incompatible with preserve, linkage or buffer areas. Land uses are considered conditionally compatible where impacts are reduced or eliminated by specific activity restrictions, design, or management practices. Core areas and linkages within the preserve system are to be managed primarily for biological resources. Buffers may be inside or outside the preserve, depending on ownership and land use, and would be managed for potential indirect impacts on the adjacent preserve. Buffers may be in private or public ownership. Buffers should generally be maintained at least 20<>-600 feet from the borders of the preserve, with buffer width dependent on the sensitivity to disturbance 9 --- ~~ Table 4-1 GENERAL COMPATIBILITY OF LAND USES AND MANAGEMENT ACTIVITIES WITHIN AND ADJACENT TO PRESERVESl,2 Land Use Core Preserve Linkage Buffer Active Recreation I I CC Passive Recreation CC CC CC Agriculture I CC CC Grazing CC CC CC Low Density Residential3 CC CC CC High Density Residential3 I I I Commercial I 1 CC Industrial I I CC Utilities CC CC CC Landfills I I CC Water Facilities CC CC CC Transportation I I CC Mineral Extraction I I CC Active Military Use I I CC Worker Camps I I CC ICC = Conditionally Compatible Use, some restrictions consistent with biological goals; however, the level of intensity and cumulative impacts should be addressed. I = Incompatible Use 2 Site-specific exceptions to compatibility designations may exist within any land use category; refer 10 text for specific exceptions. 3Low Density Residential = $ 1 dwelling unit per acre High Density Residential = > 1 dwelling unit per acre 17 9/;23 110921000-Plan Executive Summary of Draft MSCP Plan (3/1195) Page 18 of the species being protected, the type of vegetation within the buffer, topography, and the type and intensity of adjacent human activity. Zoning and development guidelines will be the best means of achieving biologically compatible uses in these areas. Linkages connect preserve areas and allow for wildlife movement, recruitment and colonization. Linkages are crucial to the functioning of the preserve system, particularly for large mammal movement and for sustaining certain sensitive species populations. Greater use restrictions and more intensive management practices are expected in narrow linkages and those constrained by development. Guidelines for Preserve Land Uses. The MSCP Plan and the MSCP Resource Document provide guidelines and suggestions on how to reduce impacts of several land uses including recreation, agriculture, different forms of development, mineral extraction and itinerant worker camps. It is assumed that planned and current park uses will continue and, in existing recreational areas, existing ownership and management will be maintained. Both passive and active recreational activities are anticipated within and adjacent to the preserve. Guidelines for Preserve Management Activities. The MSCP Plan provides guidelines for fire management; grazing; restoration of vegetation; hydrology; insects and disease; fencing, signage and lighting; predator and exotic species control and other factors. The plan requires that long- term preserve management plans be prepared to address habitat management and land use issues. These preserve management plans should be reviewed and approved by the USFWS and CDFG, and should be annually reviewed and updated by the responsible local jurisdiction. Each plan should identify operational needs, issues, problems and strategies for a five-year period. Preserve management plans can be prepared for portions of the MHPA (such as a single jurisdiction), though coordination is needed to ensure that the overall needs of species and habitats are met on a rangewide basis. 5. ECONOMIC IMPACT ANALYSIS An economic impact analysis is a comparison of an economy under different sets of assumptions. For the MSCP Plan, Case A (the low acquisition program discussed in Section 3.3) and Case B (the high acquisition program) are each compared to the No Preserve alternative. The No Preserve Alternative would occur if the MSCP Plan is not adopted and conservation of the region's native biological resources would result entirely from compliance with existing federal, state and local1aws, including the Special Rule (developed under Section 4(d) of the federal Endangered Species Act) to conserve the California gnatcatcher and coastal sage scrub. The economic impact analysis shows that a multiple habitat preservation program (either Case A or B) will ensure the region's economy against large and persistent developments disruptions. Under the No Preserve alternative, the region will continue to be threatened by and experience large and persistent development disruptions, which will be costly in terms of fewer jobs and less income for residents. 9~.)-'I Executive Summary of Draft MSCP Plan (3/1/95) Page 19 Either Case A (low acquisition program) or Case B (high acquisition program) would provide the region with an additional 5,000 jobs, with over 46% of those being in the construction industry. These additional jobs would increase personal income in the region by $180.0 to 184.8 million (in the year 2010). Over the first 15 years of the program, the cumulative value to the region, measured by annual net increase in aggregate personal income, would be $1.2 to $1.3 billion. The estimated increase in household income is $78 per year, exceeding the estimated cost impact of $7 to $9 (Case A) or $15 to $20 (Case B) per household per year, associated with public financing of the two alternative acquisition programs. The region's opportunity for economic growth hinges on new public and private investment in capital and technology. In the absence of a regional habitat conservation plan, businesses and investors probably would view San Diego as a risky destination for investment dollars, given unresolved environmental conflicts and the prospect of regulations restricting development each time another species is listed. The median price of a new house in the San Diego region would also be higher without a habitat conservation program. Under the No Preserve alternative, nearly 6,000 additional households would no longer meet the minimum income requirements to purchase a home with the median price (nearly six times the number of households affected by Cases A or B). Im'pacts on Planned Land Use Implementation of the MSCP would place into conservation some lands that are designated for potential active use by general and community plans, including potentially 37,550 housing units and employment uses for 32,260 persons within the MHP A. Some of this planned development could take place inside the MHPA or some outside. It is highly unlikely that development would be eliminated from the region. Publicly Owned Lands. Approximately 27% of 74,781 acres of publicly owned habitat in the MHP A (20,228 acres) have general plan designations for active use. If low density residential uses are excluded, public lands designated for active uses total nearly 9,200 acres. This plan assumes that 4% (3,045 acres) of the publicly owned habitat in the MHPA would be lost to development and approximately 96% would be conserved. In order to limit the loss to this amount, it is anticipated that only essential public facilities would be constructed. Privately Owned Lands. Nearly two-thirds of the privately owned habitat inside the MHPA have general or community plan designations for active use. Inside the MHPA, about a third of privately owned habitat lands are currently designated by local general or community plans as preserves and open space, and nearly half are designated for low density residential uses (1 unit per 20 acres to 1 unit per acre). About 10% are designated for urban uses. According to this plan, approximately 85% of the 109,018 acres of privately owned habitat in the MHPA would be conserved, and 15% (16,428 acres) could be lost to private development. The total number of housing units that could be built in the MHP A through buildout, as envisioned by current land use plans, is 37,550 units; 31,970 of these are shown on lands to be conserved. 9/cJ~ Executive Summary of Draft MSCP Plan (3/1195) Page 20 6.0 STATEMENT OF ASSURANCES AND IMPLEMENTING AGREEMENT Assurances. A goal of the MSCP is to achieve certainty in the private and public sector development process while conserving our region's biodiversity. The following are taken from a list of assurances developed with the other two habitat conservation planning programs in the County and with the wildlife agencies. The statement of assurances outlines the major policies and procedures upon which implementation of the MSCP can depend. 1. A list of species adequately protected by the MSCP Plan and for which take authorizations can be granted (Covered Species List) will be agreed to by USFWS and CDFG. The wildlife agencies will not require the commitment of additional land or financial compensation beyond the level agreed to in the plan, provided the plan is properly functioning and in the absence of extraordinary circumstances. 2. The wildlife agencies will issue take authorizations (permits) and other assurances for listed and unlisted species; the permits will cover significant time periods to provide predictability to public facility and private project development. 3. If additional species are listed in the future, take authorizations will be expedited for species on the Covered Species List. 4. The wildlife agencies agree to phased implementation if interim protection of habitat is provided by jurisdictions and monitoring demonstrates compliance with the MSCP Plan and implementing agreements. 5. Jurisdictions will ensure implementation through local land use plans and local codes and ordinances, conserving public lands as identified in the MSCP Plan and ensuring exactions and mitigation for private and public projects. 6. Federal and state land contributions shall focus on the implementation of the MSCP Plan. 7. Subregional plans shall incorporate a uniform severability guarantee that protects local jurisdictions and property owners from noncompliance by another jurisdiction or owner. Implementin(! A~reement. The implementing agreement is the vehicle by which USFWS and CDFG will issue permits to take species ("take authorizations") and to provide pre-listing agreements and assurances for unlisted species. The implementing agreement will be a binding contract between an individual jurisdiction and the USFWS and CDFG, and will be an agreement on specific actions between the parties to implement the MSCP. These actions would include but not be limited to: the process by which local land use authority will be exercised to create the preserve system through land use policies, project approvals and interim controls; the c; -~t Executive Summary of Draft MSCP Plan (3/1195) Page 21 monitoring of conservation and take of species; preparation of subarea plans, if needed; coordination with neighboring jurisdictions; participation in regional financing; and management and maintenance of habitat. A model implementing agreement is provided in the MSCP Plan to serve as a template for local jurisdictions in preparation of specific agreements. 7. PLANNING PROCESS AND PARTICIPANTS The MSCP began in July, 1991, with the formation of the MSCP Working Group, comprised of state and federal wildlife agencies, local jurisdictions, special purpose agencies, and representatives of development interests and environmental groups. In addition, an Implementation Strategy subcommittee was formed to provide review and expertise to development of the finance and acquisition plan and overall implementation strategy. This latter committee joined with staff from the North County MHCP and the County's regional habitat conservation program to propose implementation measures for the entire County. The Working Group and subcommittee have met at least monthly throughout much of the course of the development of this plan. The Working Group addressed such topics as mitigation, preserve design, subarea planning, e{J.uity, coordination of interim permit activities, and plan implementation through the review and discussion of 12 Issue Papers. Additionally, four finance papers were developed for input to the acquisition and financing strategy. A Resolution of Intention (ROI) was developed in 1993 for approval by the twelve local jurisdictions within the study area. The ROI was prepared to confirm the voluntary commitment by local jurisdictions to participate in the development of the MSCP Plan by identifying a schedule and responsibilities. The ROI was approved by 10 local cities in the study area. Relationship to Other Planning Efforts. In addition to the MSCP, two other subregional habitat planning efforts are underway in the San Diego region: 1) the Multiple Habitat Conservation Program (MHCP) covering the nine jurisdictions in the northwest part of the County (managed by Sandag), and; 2) the County of San Diego Multiple Habitat Conservation and Open Space Program for the unincorporated lands east of the MSCP and MHCP. Regular coordinating meetings have occurred with agency, local jurisdiction, developer and environmental interests. In 1994, the MSCP Policy Committee of elected officials, originally formed to address preserve boundary and financing issues for the MSCP, was expanded to include elected officials from the MHCP and, therefore, cover all three programs. The MSCP Plan is a Habitat Conservation Plan (HCP) as envisioned in Section 10(a) of the federal Endangered Species Act. The MSCP is also prepared as a Natural Community Conservation Plan in accordance with California law. Based on the definitions in the .Southern California Coastal Sage Scrub NCCP Draft Process Guidelines (July 1, 1993),. the MSCP is an Ongoing Multi-Species Plan and may be accepted as an NCCP. This relationship was established by the signing of an Ongoing Multi-Species Planning Agreement in July 1993. 9-:27 ATTACHMENT 2 SUBJECT TO CHANGE MULTIPLE SPECIES CO~SERVATION PROGRAM (MSCP) PLAN ~''D JOINT EIRIEIS SCHED1JLE FOR COMPLETION l\larch 1, 1995 03/01/95 Draft MSCP Plan distributed for public review. Begin 90-day public review period. 03/02/95 Publish Notice of Preparation of a Joint EIR/EIS in the Daily Transcript (CEQA requirement). Begin NOP 30-day public review period. 03/02/95 Present Draft MSCP Plan to the MSCP Working Group. 03/03/95 Present Draft MSCP Plan to the MSCP Policy Committee. Early March Local jurisdictions notify the public of the availability of the Draft MSCP Plan; where the documents can be seen; and dates, times, and locations of the regional public workshops. 03/08/95 Present Draft MSCP Plan to the San Diego City Council Natural Resources, Culture, and Arts (NRC&A) Committee. 03/15/95 Conduct public scoping meeting (NEPA requirement). 04/01/95 04/08/95 04/22/95 Regional public workshop on the Draft MSCP Plan, northern location Regional public workshop on the Draft MSCP Plan, South Bay location Regional public workshop on the Draft MSCP Plan, eastern location 04/02/95 End NOP 30-day public review period. 04/12/95 Discuss the Draft MSCP Plan with the City of San Diego NRC&A Committee. Early May Notice of Availability of the Draft Joint EIR/EIS published in the Federal Register (NEPA requirement) and in the Daily Transcript. Notice of Completion released (CEQA requirement). Early May Local jurisdictions notify the public of the availability of the Draft Joint EIR/EIS; where the document can be seen; and dates, times, and locations of the regional public hearings. 9-;l~ 05/08/95 Draft Joint EIRIEIS distributed for public review. Begin 45-day public review period. 05/18/95 City of San Diego Planning Commission workshop on the Draft MSCP Plan and Draft Joint EIRlEIS. 05/30/95 End 90-day public review period for Draft MSCP Plan. 06/07/95 06/14/95 06/21/95 Public hearing on the Draft Joint EIRlEIS, northern location. Public hearing on the Draft Joint EIRlEIS, South Bay location. Public hearing on the Draft Joint EIRlEIS, eastern location. 06/22/95 End 45-day public review period for Draft Joint EIRIEIS. 07/05/95 Final MSCP Plan distributed. 07/13/95 Final Joint EIRIEIS distributed. Mid July NOA for Final Joint EIRlEIS published in the Federal Register (NEPA requirement). Begin 30-day public review period. 07/27/95 City of San Diego Planning Commission hearing on the Final MSCP Plan and Final Joint EIR/EIS. 08/08/95 San Diego City Council hearing on the Final MSCP Plan and Final Joint EIRlEIS, consideration of certification of the Joint EIRlEIS, adoption of the Plan, and approval of related community plan amendments. Notice of Determination is filed, if the Final Joint EIRlEIS is certified. 08/13/95 End 3D-day NOA public review period for Final Joint EIRlEIS. August Record of Decision (ROD) on Final Joint EIRlEIS published in Federal Register. 9~~! INSIDE Important Information for Residents and Property Owners @ jJrintcd (m Rccy'cled Paper DRAFT MSCP PLAN c/o CITY 01" SAN DIEGO 600 B STREKI; SUITE 500 SAN DIEGO, CA 92101 Attachment 3 BULK RATE U.S. POSTAGE PAlD PERMIT NO. 960 SAN mEGO, CA Thi, material will he made availahle ill alternative !'nrmat1'o:'jo HOW TO OBTAIN MORE INFORMATION 1. Send for a copy ofthe MSCP Plan Executive Summary (21 pages). The executive summary contains succinct information that will give you a broad overview of the draft plan. The executive summary may he received at no cost hy mailing the attached post card or writing to: Draft MSCP Plan, Executive Summary, 6m B S1.. Suite 5m, San Diego, CA 9210 I, 2. Review a copy ofthe Draft MSCP Plan (230 pages). If you need more details after reading the executive summary, read the Draft MSCP Plan in its entirety. Copies of the draft plan can be reviewed atlihraries listed on an inside panel of this mailer. The Draft MSCP Plan available for the cost of printing and shipping. To obtain your copy, send a check in the amount of $35.00 payable to" City Treasurer" c/o Draft MSCP Plan, 6m B S1.. Suite 5m, San Diego, CA 92101. 3. Review the three-volume Resource Document (2.000 pages) on which the plan is hased. The Draft MSCP Plan was based on a comprehensive research effort that resulted in a three-volume Resource Document. Several libraries identified on an inside panel of this mailer have the Resource Document available for public review. 4. Attend one of three regional workshops in April. To provide a means for personal dialogue about the MSCP Plan, regional publie workshops will be held at the following dates and locations. All workshops will be conducted from 9 a.m. to 1 p.m. Northern Area Saturday, April L 1995 Mira Mesa High School 10510 Reagan Road San Diego,CA 92126 Southern Area Saturday, April R, 1995 Castle Park High School 1395 Hilltop Drive Omla Vista,CA 91911 Eastern Area Saturday, April 22, 1995 West Hills High School R756 Mast Boulevard Santee, C A 92071 The workshops will feature an open house format. Following a brief introduction of the MSCP and the content of the draft plan, members of the publie may talk with individual program planners in small group discussion settings. 5. CaD (619) 570-1099 to reach a 24.hour MSCP Information Line for current information about the Dmft MSCP Plan approval process and how to ohtain more information. 6. btformation about MSCP is accessible on the Internet at URL http://www.sannet.gov for individuals with hrowsers capahle of accessing the Worldwide Weh, (Available March 20, 1995) 9-31 ,~~ ':ii, .,.,;' '," , "C' 41'i ,)-~ ~i':n ;~"~ A HABITAT PLAN FOR GREATER SAN DIEGO ThL' Multiple Species Conscrvathlfl Program (ivISCP) is preparing a plan to protl;ct sensitive plant and wildlife habit<lb in a \\,(1)' that can accommodate uevclopment necessary for the economic hl'alth of the region. A draft of this plan is now alailahlc for public review and comment. Mscp is a cooperative effort hetween the City of San Diego. the Counl~ of San Diego. 1 he cities of Santee. PO\,,',I:', and Chula Vista and otllL'f jurisdic- tions in the sout[nvcslcrn portion or the greater San Diego region, state and federal v.'ildlifc age neiL's. other special purpose public agencies, and n..'prcscll~ j,ltivcs or the [and development industry and environmental urganiZ<ltion:-;. The progralll is evaluating the quantity and qUi.dity of remaining h;lhil;Jt in a t)IHl- squan>milc area frofll the San Dieguito Rivl't" Valk'y south tothL' t 1.S./ ]\/1cxico border and from the P;lCilic Ocean L'<lst to the community o( Alpine. The Draft ]\.'tSCP Plan proposes to establish a It)], IOh acre habitat planning alT,l. \Vhen the draft plan is finali/ed and apprmL'<'1. some land in tl1,lt an':,1 \vill be set aside for presLTv,ltion. lJecause Jour proper"",' is in the habitat planning area. the creation of a preserve system ma)' aired )'ollr propen). W hat docs all of this mean to lOll as a resident or propen)' owner in tht, planning area'! To find OUL ~i{)U <Ire urged to hecome inl'onned ahout the Draft J\;lSCP Plan and the h<lhililt planning arL';[ proposed. Thi:-; mailer is intended to [ll"Ovidc preliminary infonll,ltion ahollllhc Draft t\.lultipk' Species C()nsL'rva~ tion Pbn and to giVL' YOll addition;ll opportLJlllties to ohlailllllore information. Please take the time to read this maih;'r and learn hm.\' the Draft J\lSCP Plan ma)' apply to you. 9~J~ IMPORTANT NOTICE - THIS INFORMATION MAY AFFECT YOUR PROPERTY , YOUR COMMENTS ARE ENCOURAGEDI Your interest in reviewing the Draft MSCP Plan is greatly appreciated. The public review period will end on May 30, 1995. Your comments on the draft plan may be sent to: Comments Draft MSCP Plan do City of San Diego 600 B Street, Suite 500 San Diego, CA 92101 WHO DEVELOPED THE DRAFT PLAN? Two separate committees provided input to the consultant team that developed the Draft MSCP Plan: MSCP Working Group - consisting of representatives of the Cities of San Diego, Chula Vista. Poway. and Santee: the County of San Diego: state and federal wildlife agencies: other special purpose puhlic agencies: and represen- tatives of the land development industry: and environmental organiza- tions. MSCP Policy Committee - a represen- talive group of elected officials from the City of San Diego. County of San Diego. and other affected local cities. SUMMARY OF THE DRAFT MULTIPLE SPECIES CONSERVATION PROGRAM PLAN T he Multiple Species Conservation Program is studying approximately 900-square miles in southwestern San Diego County. including the City of San Diego. 10 additional city jurisdictions and portions of the unincorpo- rated County. Approximately 41 percent of the study area is developed and rive percent is agricultural land. The remaining 54 percent is vegetated with lX types of native habitat. Most of these habitats arc considered by federal or state regulatory agencies to be sensitive or rare. San Diego County has nearly IOO plant and animal species that are either listed or proposed for listing as threatened or endangered. This is more than any other county in the contincntal United States. If adopted, the Draft MSCP Plan would preserve a majorit),' of these species. reduce the likelihood that any future listings would he necessary'. and, hy doing so. significantly reduce the potential adverse effects that future listings could have on our region's economy. Here's what's in the draft plan: 1. An analysis of the natural habitats in the lJOO-square-milc area studied hy the Multiple Species Conservation Program. 2. A plan to create a preserve within a defined Multi-Habitat Planning Area through a partnership hetween federal. state. and local agencies and private property owners. Local jurisdictions would review and approve projects that are consistent with the plan while federal, state, and local governments would commit land and/or money for acquisition of land. 3. Proposed guidelines on land use regulations and project mitigation to assist local.iurisdictions in guiding development of lands within the arca studied hy MSCP. 4. An affordahle financing and acquisition strategy which equitably spreads costs among all heneficiaries. 5. Recommendations for long-term management and monitoring of the preserve system and guidelines for which land uses in and near thc preserve arc compatihle. 6. An economic impact analysis of the proposed conservation plan. e; -;J)' WHY A HABITAT CONSERVATION PLAN? The current process of coordinating land development and resource protection is fragmented and frustrating for all parties. The Draft Multiple Species Conservation Plan would improve the process of habitat conservation while simplifying regulations governing land development. 1. TilL' hahitat conservation plan would prolcct existing natural hahitats and endangered specics \vhik ;:lCcollllllodating dC\'l::I()f1l1lcnt necessary' for the l'co!lo11lic health ofthl' n:gi(lI1. 2. Enort~ to protect San Dicg()'s natural h;lhilats in Ollr ()~X>1l spaces \v(mld also help protect quality of tife and property values. 3. r1li: plan is ,1 pro;lctivl' and cooperative planning erfort at the local level lhat overall \vould reduce tilL' need for c1ll1angcrcd specics act regulation by.' federal and state !J()Vcrnmcnls {1Il individual property mVllcrs in the n.'gioll studied h\ MSCP 4. Developers and individual property' owners would henefit from an orderl~i syskm of uealing with hahitat issues. Currently each property in open hahitat areas musl unuergo individual review hy slate and federal agencies tn determine impacts on sensitive hahitat anu endall!lL'reu species. The preserve sy'slem \vould assure sensitive habitats and endan)..'.ereu species \voulu he protected in the region and orderly development could proceed. S. Endangered specics and sensitive habitats \',/ould be preserved. Iiii' Drati Multiple Species Cottservtttiou Plan is i/ proacrivc coopcrarin' elf()rr ro dc{('!"millc hOH' Ihe .)"UIl lJicgo rcgioll C(l1I protccT e.ris{ifl,~ J/(/lI/rull/{{hiw{s Ide Tlli,\ It'hile (/("('(nl/J}/()(I(/(illg Ilevell l/nnel,1 lII'cess(/ry,f()r rhe CCUI10lllic 1/('(11111 ofrhc regioll. Pllhlic 11'od.~//rIV" h(/ve 1)('('/1 ~d/edlll('d ill fl/(, 1I!()}1fh of/1fJril so /Jropcrry U\,\'llel"S CUll de!(,!"lI/ill(, ifr/lcir projJcr/y is ill rhe I)fD/Jo\cd huhilllf plal/llillg (lrell {{lid how ir mighT he atf('cred. [JurI's {/nd locuriolls ofr//rIse m('crillgs(/rc(olllld d\e]I'/II'f(' in rhi." moilo: '1 /' #~}tj A LIST OF LIBRARIES WHERE THE DRAFT MSCP PLAN CAN BE REVIEWED All oflhe following lihraries have a copy of the Draft MSCP Plan available for your review. All ofthe libraries marked in bold have a copy of the three-volume Resource Document on file for review. City of San Diego libraries: Central Library Balboa Branch Beckwourth Branch Benjamin Branch Carmel Valley Branch Oairemont Branch College Heights Branch East San Diego Branch La Jolla Branch Linda Vista Branch Logan Heights Branch Miru Mesa Brunch Mission Hills Branch Normal Heights/Kensington Brunch North Oairemont Branch North Park Branch Oak Park Branch Ocean Beach Branch Otay Mesa Branch Pacific Beach Branch Paradise Hills Branch Point Loma Branch Rancho Bernardo Branch Rancho Penasqnitos Branch San Carlos Branch San Ysidro Branch Scripps Ranch Branch Serra Mesa Branch Skylinc Hills Branch Tierrasanta Branch University Conummity Brdnch University Heights Valencia Park County of San Diego libraries: Alpine Casa De Oro DelMar Descanso EI Cajon Encinitalii Fletcher Hills Imperial Beach Jacumba Lakeside La Mesa Poway Rmnona Rancho Santa Fe Santee Spring Valley Libraries in other cities: Chula Vista Library Note: Addresses oflibraries can be found in your telephone directory under City or County government listings. 9<J5 CITY AND COUNTY OFFICES WITH DRAFT PLAN COPIES The Dral1 MSCP Plan and the Resource Documents arc also available for public review in administrative or planning offices of the following affected jurisdictions. City of San Diego Development Services Department City Operations Building 1222 First Ave.. Fifth Floor San Dicgo.CA 92101 Metropolitan Wastewater Department Library 6(XJ B SI.. Fifth Floor San Diego. CA 92101 County of San Diego Department of Planning and Land Use :;20 I Ruffin Rd. San Diego.CA 92123 City of Chula Vista Planning Department Public Services Building 276 Fourth Ave. Cliula Visla. CA 91910 City of Santee Department of Planning and Community Development 10601 Magnolia Ave. Santee. CA 92071 City of Poway Planning Department 13325 Civic Center Drive TrailcrA Powav. CA 92064 ATTACHMENT 4 February 28, 1995 City of San Diego Development Services Department Development and Environmental Planning Division 1222 First Street; M.S. 501 San Diego, CA. 92101 (619) 236-6532 NOTICE OF PREPARATION OF A DRAFT JOINT ENVIRONMENTAL IMPACT REPORT (EIR)! ENVIRONMENTAL IMPACT STATEMENT (EIS) THE CITY OF SAN DIEGO AND THE U.S. FISH AND WILDLIFE SERVICE will be Co-Lead Agencies and will prepare a joint draft Environmental Impact Report (EIR)/ Environmental Impact Statement (EIS) in compliance with the California Environmental Quality Act(CEQA) and the National Environmental Policy Act (NEPA) for the following project: PROJECT: DEP No.93-0287; SCH No.93121073 MULTIPLE SPECIES CONSERVATION PROGRAM CMSCP). APPROVAL OF A MSCP PLAN to establish a program for the conservation and management of self-sustaining viable populations of federally listed and key candidate species and their habitats. The objectives of the MSCP are to 1) Develop a program for the maintenance of biological diversity and the conservation/protectIon of self-sustaining viable populations of federally-listed endangered, threatened, and key candidate species and their habitats. 2) Define a Multi-Habitat Area (MHPA) within which preserve planning is focused, or within which a preserve is defined, and implement a preserve system which conserves viable habitat and provides for wildlife use and movement. 3) Reduce the human-related causes of species extirpation within the MSCP study area. 4) Establish a partnership among state, federal, and local agencies of government to facilitate mitigation and approval of public and private sector land development and construction projects by expediting acquistion of federal and state permits. The proposed MHPA conserves 164,326 acres of habitat within the 581,649-acre MSCP study area. The Plan includes a covered species list of 57 plants and animals including 24 species that are currently federally or state listed, 3 species that are proposed for listing and 28 that are candidate species for listing. Applicant: City of San Diego Based upon an Initial Study, it appears that the project may have potential for significant environmental impacts. For more CEQA environmental information, or to provide comments cn the scope and content of the draft EIR/EIS, contact John Kovac, Senior Environmental Planner with the City of San Diego Development Services Department (Environmental Analysis Section), at (619) 236-6268. For project scoping meetings/public hearing schedule, contact R. David Flesh, Senior Planner with the City of San Diego Metropolitan Wastewater Department at (619) 533-5262. Written comments on the scope and content of the draft joint EIR/EIS must be sent to John Kovac of the City's Development Services Department at the above address by no later than 30 days after receipt of this notice. RESPONSIBLE AGENCIES ARE REOUESTED TO INDICATE THEIR STATUTORY RESPONSIBILITIES IN CONNECTION WITH THIS PROJECT WHEN RESPONDING. AN ENVIRONMENTAL IMPACT STATEMENT (EIS) SCOPING MEETING PURSUANT TO THE NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) WILL BE HELD ON WEDNESDAY, MARCH 15, 1995, FROM 7PM TO 10PM AT. Attachments: SCOTTISH RITE CENTER 1895 CAMINO DEL RIO SOUTH MISSION VALLEY (SD 92108) Distribution List Regional Location Map DEIR/EIS Scope of Work 7/3f, DISTRIBUTION MSCP Working Group Karen Scarborough, City of San diego Mayor's Office James E. Whalen, J. Whalen Associates Craig Adams, Sierra club Karen Bartlet-Adams, citizens Coordinate for century III Meryl Balko, city of San Diego Cameron Barrows, The Nature Conservancy Jerry R. Boggs, Naval Facilities Engineering Command Rob Cameron, The Baldwin company Constance Clover-Byram, McMillin Communities Diane B. Coombs, San Dieguito River Park JPA Larry L. Eng, California Department of Fish and Game Leonard S. Frank, Pardee Construction Company Niall Fritz, city of Santee Nancy Gilbert, u.S. Fish and wildlife Service Chris White, CALTRANS Kevin Knoles, The Trust for Public Lands Robert Leiter, City of Chula Vista Michael McLaughlin, SANDAG Dennis Moser, Alliance for Habitat Conservation Jim Nessel, City of poway Philip R. Pryde, Audubon Society Larry Purcell, County Water Authority Robert E. Asher, County of San Diego Robert Robenhymer, San Diego MTDB Don Rose, San Diego Gas and Electric Executive Director Construction Industry Federation Daniel Silver, Endangered Habitats League Jeffrey Opdycke, San Diego wild Animal Park William Whitman, San Diego County Farm Bureau County water Authority SANDAG SDG&E San Diego Audobon Society citizens Coordinate for century III Federal Agencies Southeastern Division Naval Facilities Engineering Command NAS Miramar Army Corps of Engineers u.S. Border Patrol u.S. Fish and Wildlife Service u.S. Department of Agriculture u.S. Bureau of Land Management State of California State Clearinghouse CALTRANS Department of Fish and Game Park and Recreation Department Resources Agency Regional Water Quality Control Board Native American Heritage Commission i/J'l state of California (continued) Department of Conservation state Lands Commission County of San Diego Department of Planning and Land Use Department of Public Works Department of Parks and Recreation County of San Diego (continued) Agricultural Department Environmental Services unit city of San Diego Mayor Susan Golding Council Districts 1 through 8 Planning Department Park and Recreation Department Engineering Department Real Estate Assets Department Water Utilities department Wetlands Advisory Board General Services Metropolitan Wastewater cities of Chula vista - Robert Leiter Coronado Del Mar EI Cajon Escondido Imperial Beach La Mesa Lemon Grove National city poway - Jim Nessel Santee - Niall Fritz Solana Beach Association of Environmental biologists Environmental Law Society San Diego Audobon Society California Native Plant Society San Diego state University Biology Department Community Resources Panel Ellen Bauder Biodiversity Project Community Planners Council Archaeological Institute of America San Diego County Archaeological Soci~ty Mission Trails Regional Park San Dieguito Planning Group San Pasqual/Lake Hodges Planning Group ?~( ~r'- This dl2ft map deplc1s areas within whi:h llabllat preserws may be Clu1lJd, and Is 1n1lmded fllr estlmaUng habitat pro1Ectlon and costs lor the dratl Multiple Species ConservaUon Program (MSCP). The bio- logical dati have varying sources and accuracy; sl1e-specll\c data shall update lI1e data base, and may modify lI1is dmt .. map. It Is not Intended lI1at all lands wilhln lI1e lines be preserved (some development will be allowed), and some areas outside the Unes may ultimately . be Included In the preserve. The MSCP Plan must be iOproved by lI1e CounCils and Board at Supervlsors lor the dUes and county be10re this IntormaUon Is used to 111J111lB land use. . DRAFT - ~ ~ ~ 100% Habhat Preserve 90% Habhat Preserve 80% Habitat Preserve 70% Habhat Preserve Percent preservation applies onlY to habitat lanas SJj;.--- /'.../ /~~ ~/ ~ % "'- MSCP Study Area Boundary Freeways Major Streams Lakes and Lagoons Q 5.5 o . MILES tdlEN Multi-Habitat Planning Area 'l ~.J I FI GURE D ..... ""'"'" ..L-../..LS. .. Adl... DRAFT SCOPE OF WORK MSCP DEIR/EIS A previous Notice of preparation of a DEIR which included an EIR scoping letter was distributed in December, 1993. Since that time the proposed has changed, and the required EIR has changed from a programmatic CEQA document which would require subsequent project specific environmental review to a hybrid jointCEQA/NEPA document which includes project specific analysis for the areas within the jurisdiction of the city of San Diego as well as conceptual analysis for the cities of Chula vista and Santee and the County of San Diego. A revised Notice of Preparation (NOP) has been prepared and distributed to Responsible Agencies and others who have expressed an interest in the environmental process for this project. The input received during the NOP review period of 30 days may result in further changes to this scope of work. I. BACKGROUND The MSCP study area covers approximately 581,649 acres of land ranging from the San Dieguito River Valley in the north to the US/Mexico border to the south and from the coast to the community of Alpine to the east. (See attached location map. ) The City of San Diego is developing a Multiple Species Conservation Program (MSCP) for approximately 900 square mile area in the southwestern portion of San Diego County. The objective of the program is to develop a plan for the longterro conservation and management of self-sustaining viable populations of federally listed species and key candidate species and their habitats. Implementation of the program will initiate a mechanism to mitigate impacts from future public capital improvements and private sector development. The MSCP study area includes all or part of land within the jurisdiction of eleven cities as well as the County of San Diego. As part of this program, a geographic information system is being used to map vegetation communities and land uses within the MSCP study area and to conduct a "gap analysis". A network of biological core areas and linkages will be identified; the large scale, potential preserve boundary areas within lands owned by the City of San Diego will be mapped. Other cities (poway, Chula Vista, and Santee) and the County of San Diego will be developing criteria which would subsequently allow them to draw preserve boundaries within their jurisdictions. Financing strategies and public policy are being developed to guide acquisition of properties and dedication of lands for conservation, and land management programs are being developed with consideration for compatibility of various public uses. 9~(tJ MSCP DEIR/EIS SCOPE OF WORK PAGE 2 The project has been designed to assure that all affected organizations, member agencies, and state and federal wildlife agencies are involved in the development and/or review of the plan. The MSCP plan describes conservation of the habitat and the target species and focuses on acquistion and financing options, compatible land use and activities, management of the proposed preserve system, and an economic impact analysis. The MSCP plan will also describe how implementation will occur over time and the relationship of the MSCP to other longterm habitat/species conservation plans in the region. California law (Section 2800 et seq. of the California Fish and Game Code) establishes the Natural Communities Conservation Planning (NCCP) Program "to provide for regional protection and perpetuation of natural wildlife diversity while allowing compatible land use and appropriate development and growth. These goals will be achieved through implementation of a Natural Community Conservation Plan." The California Department of Fish and Game (DFG) and the California Resources Agency have prepared the "Southern Coastal Sage Scrub Natural Community Conservation Planning Process Guidelines" (September 1, 1992). Based on the definition established by these State guidelines, the MSCP is an "Ongoing MUlti-Species Plan" and may be accepted as a equivalent NCCP. Therefore, it is the intent of the City of San Diego to enter into an Implementing Agreement with DFG and the FWS "to acknowledge approval of the Final NCCP plan and declare that the NCCP meets the requirements of a state Management Agreement or a federal Habitat Conservation Plan, respectively, to allow issuance of appropriate permits for target or other named species should those species become listed." Pursuant to the forthcoming Implementing Agreement by the City of San Diego, the USFWS, and the CDFG, a joint EIR/EIS for the subregional NCCP (MSCP study area) will be prepared for the proposed preserve planning on publicly- and privately-owned lands within the Multi-Habitat Planning Area (MHPA) shown on the attached Figure 1. The draft joint EIR/EIS will be prepared jointly by the city of San Diego and the USFWS pursuant to the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPAl for consideration for the approval of the cities and the County within the MSCP study area and of the federal and state governments. 9-'1; MSCP DEIR/EIS SCOPE OF WORK PAGE 3 II. PROJECT DESCRIPTION The draft joint EIR/EIS will discuss the goals and objectives of the project and specifically, how this project would interact with existing and planned projects and the relationship to NCCP. The joint document will describe all discretionary actions needed to implement the MHPA including the city of San Diego's "hard-line" preserve. The document will also describe actions needed by member cities and the County to approve the conceptual preserve areas within their jurisdictions. The joint document will list all actions required from other federal, state, and local agencies. The project "study area" and the preserve areas within the City of San Diego which shall include all areas either directly or indirectly affected by the MSCP shall be defined and mapped. A site location map (aerial and USGS Quadrangle map) to identify the general location of the "study area" and the MHPA shall be provided. III. ENVIRONMENTAL ISSUES A. Land Use 1. Issue: Would the proposed project result in a land use which is inconsistent with the General . Plan or community plans within the "study area" and existing environmental plans of the cities and portions of the County, within the MSCP study area, participating or other agencies or policy including propositions? agencies, mandates, The joint EIR/EIS will discuss how the MSCP could affect implementation of the general plans of the cities and the County. Important factors include growth patterns, housing affordability, mineral resources, and recreation. 2. Issue: Would the proposed project conflict with adjacent existing and planned land uses and adjoining approved/proposed subsequent development? The joint EIR/EIS will describe the distance to and nature of adjacent land uses to the proposed project, potential conflicts, and measures to alleviate conflicts. The j.oint document will discuss any impacts.on projects and associated mitigation already in-progress. Sufficient buffer areas ~ -- 71';2 MSCP DEIR/EIS SCOPE OF WORK PAGE 4 between the conflicting disclosed. proposed core preserve areas and potentially adjacent land uses shall be analyzed and B. Biology 1. Issue: Would the implementation of the proposed project effectively protect sensitive terrestrial and biological resources? The joint EIR/EIS will discuss the effectiveness of the proposed MSCP to: a) maintain viable populations of rare endangered species and candidate species; and b) maintain biodiversity, and c) maintain habitat linkages between biological core areas in the MHPA. The joint EIR/EIS will discuss the probable effectiveness of the proposed MSCP plan in attaining the project objective of protecting sensitive habitat/species. The amount of sensitive habitat and number of rare, endangered, and candidate species expected to be preserved by the proposed MSCP plan will be quantified. Comparison of the amount of preserved habitat and number of protected species to MSCP guideliness for a longterm, viable habitat and assured continuance of species populations shall be included. The implied, acceptable further loss of habitat/sensitive species due to planned growth/development in the MSCP study area shall be disclosed. The joint document will distinguish proposed preserved habitat and protected species in the biological core areas in the MHPA versus those expected to survive in isolated but viable, large urban habitat. 2. Issue: Would the implementation of the proposed MSCP affect the movement of any resident or migratory wildlife species? The joint EIR/EIS will identify all critical habitat linkages for biological core areas in the MHPA. The physical dimensions/requirements of viable linkages and the implementation/acquisition status of these areas will be discussed. Criteria for strategic bridge and culvert placements will be included. tj-'/J MSCP DEIR/EIS SCOPE OF WORK PAGE 5 C. Regional Transportation/Circulation 1. Issue: Would the proposal substantially impact planned regional transportation systems? The joint EIR/EIS will discuss the potential effects of the proposed MSCP plan on regional transportation systems. Specifically, the joint document will discuss the potential project effect on planned/proposed alignments of regional roads through the proposed biological core areas. Conversely, the potential effects of planned regional road alignments on the biological core areas of the MHPA and identified habitat linkages will also be discussed. The effects of proposed State Routes '905, 56, and 125 on the proposed MSCP plan will be considered. D. Public Services/Utilities 1. Issue: Would the proposal have an effect upon need for or the provision of governmental services? The joint EIR/EIS will discuss the effect of the proposed MSCP plan on the need for services such as fire protection, police, schools, and parks. The effect of the proposed MSCP plan on the need for and siting of new public service buildings, solid/liquid waste facilities, schools, and parks and the placement of public utility corridors for water, sewer, power, fuel, and communication will be analyzed. E. Housing/Population 1. Issue: 2. Issue: Would the proposed MSCP plan affect planned/existing housing in the region and in adjacent communities or limit the supply of additional housing? Would the proposed MSCP plan alter the planned location, distribution, density, or growth rate of the population specifically within the MSCP study area and, generally, within the region? The joint EIR/EIS will discuss the net effect of the proposed MSCP plan on housing within or adjoining the proposed MHPA boundaries. The potential for shifts of MSCP ~ ~J/f . DEIR/EIS SCOPE OF WORK PAGE 6 population due to the proposed project will be considered. Specifically, the potential effect of any immediate MSCP acquistion/inclusion of the privately-owned lands in the MHPA which had been designated to add a wide range of available housing types will be discussed. The effect on undeveloped land designated for residential development by the acquistion/inclusion of adjoining land into the MHPA will be considered. Potential effects include unit yield, density, and coverage due to any buffer requirements. IV. MITIGATION MONITORING AND REPORTING PROGRAM Mitigation measures shall be clearly identified and discussed and their effectiveness assessed. In addition, a monitoring and reporting program for each mitigation measure must be included. As a minimum, this program should identify: a) the agency and/or department responsible for the monitoring; b) the monitoring and reporting schedule, and c) the completion requirements. V. CUMULATIVE IMPACTS The joint EIR/EIS will discuss the impacts of this project together with other planned or reasonably foreseeable future public and private projects in the study area. The discussion shall evaluate the potential cumulative effects on public facilities, land use, and biological resources. The joint document will discuss the cumulative effect of the proposed MSCP plan with habitat conservation plans being developed by adjoining jurisdictions in San Diego County. VI. MANDATORY DISCUSSION AREAS In accordance with CEQA Section 15127, the joint EIR/EIS shall include a discussion of the following issue areas: 1. Any significant irreversible environmental changes which would be involved if the proposed action should be implemented. 2. The growth-inducing impact of the proposed action. VII. ALTERNATIVES The joint EIR/EIS should place major emphasis on 9~L/Y MSCP DEIR/EIS SCOPE OF WORK PAGE 7 alternatives which avoid or mitigate the project's significant impacts. These alternatives should be discussed in equal detail, clearly assessing the relative level of impacts and feasibili ty. Preceding the detailed alternatives section should be a section entitled, "Alternatives Considered but Rejected." This section should discuss preliminary alternatives which were considered but not carried forward for further analysis and the reasons for rejection. The "no project" alternative is required to be discussed. In addition, analyze a range of other alternatives which have the potential to reduce impacts. As a minimum, the following alternatives should be discussed: 1. No Proiect - No Preserve Plan The joint EIR/EIS will discuss the environmental/ socio-economic consequences of not adopting and implementing the proposed MSCP plan. The No Project/No Preserve Plan alternative assumes that the impact on sensitive habitat/species will be evaluated and mitigated on a project-by-project basis. 2. Bioloqicallv Preferred/Core and Linkaqe Alternative The joint EIR/EIS will discuss the environmental/ socio-economic consequences of a biological resource driven alternative (scenario). This alternative assumes the preservation of all large core biological areas and critical linkages regardless of ownership, public or private. 3. Coastal Saqe Scrub Alternative The joint EIR/EIS will discuss the environmental/ soci-economic consequences of a plan which places major emphasis on the preservation of coastal sage scrub. 4. Public Lands Alternative The joint EIR/EIS will discuss the environmental/socio- economic implications of a plan which places major emphasis on the preservation of existing publicly-owned lands with habitat. ~-- tit --- ATTACHMENT 5 (Federal Register: March 6, 1995J c=====a=_=-============================================================ ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Endangered and Threatened Species Permit Application AGENCY: Fish and Wildlife, Interior. ACTION: Notice of intent and meeting. ----------------------------------------------------------------------- preparation of an Environmental Impact Statement in Anticipation of Receiving a Permit Application to Incidentally Take Threatened and Endangered Species in Association with a Multiple Species Conservation Plan for Southwestern San Diego county, California. SUMMARY: The U.S. Fish and Wildlife Service (Service) has under consideration for approval the draft Multiple species conservation Program (MSCP) plan submitted by the City of San Diego, California. This long-term plan, prepared by the City of San Diego and 11 other participating jurisdictions, will accompany a future application to the Service for a permit under section 10(a) of the Endangered Species Act that would authorize incidental take of listed species. Additionally, the applicants will request pre-listing agreements for species which may be listed in the future. In response to the plan, the Service intends to prepare a joint programmatic and project-level Environmental Impact Statement/Environmental Impact Report (EIS/EIR) pursuaqt to the National Environmental Policy Act (NEPAl and the California ([Page 12247)] Environmental Quality Act. The MSCP plan covers an approximately 900-square-mile area of rapid growth in southwestern San Diego county. The plan addresses numerous sensitive plant and animal species and their habitats. The MSCP creates a process for the issuance of permits and other authorizations under the Federal ESA, California ESA, and the California Natural Community Conservation Planning Act. This notice describes the proposed action and possible alternatives, notifies the public of a scoping meeting, invites public participation in the scoping process for preparing the joint EIS/EIR, solicits written comments, and identifies the Service official to whom questions and comments concerning the proposed action and the joint EIS/EIR may be directed. DATES: A public scoping meeting will be held from 7 p.m. to 10 p.m. on March 15, 1995, at the Scottish Rite Center, 1895 Camino del Rio South, San Diego, california 92108. Oral comments will be received during the scoping meeting. Written comments are encouraged and should be received on or before AprilS, 1995, at the address below. ADDRESSES: Information, comments, or questions related to preparation of the joint EIS/EIR and the NEPA process should be submitted to Mr. Gail Kobetich, Field Supervisor, U.S. Fish and Wildlife Service, 2730 Loker Avenue West, Carlsbad, California 92008. Written comments also may be sent by facsimile to telephone (619) 431-9618. FOR FURTHER INFORMATION CONTACT: Ms. Nancy Gilbert, Supervisory Fish and Wildlife Biologist, at the above Carlsbad address, telephone (619) 431-9440. Persons wishing to obtain background material should contact the city of San Diego, Development Services Oivision, Environmental 7~t/? sls section, 1222 First Avenue, 5th Floor, San Diego, California j~r telephone (619) 236-6268. Documents also will be available for .bli~ inspection by appointment during normal business hours (8 a.m. r~ 5 p.m., Monday through Friday) at the above San Diego office. SUPPLEMENTARY INFORMATION: Background The KSCP study area occupies portions of the unincorporated County of San Diego and 10 additi~nal city jurisdictions. The southern boundary of the MSCP study area is the international border with Mexico. National forest lands form much of the eastern boundary, the Pacific Ocean lies to the west, and the northern boundary is the San Dieguito River Valley. Conservation planning to the north of the MSCP study area is being conducted by the San Diego Association of Governments, and a coalition of 8 north county cities and San Diego County. San Diego County is responsible for conservation planning in the eastern portion of the county. The diversity of topography, soils, and climate in the study area combine to influence vegetative associations, which in turn support a high diversity of plant and animal species. Topographic features in the study area include broad flat valleys, deep canyons, perennially flowing rivers and intermittent creeks, moderately sloped terrain and steep hillsides, rolling foothills and nearly level mesas, coastal bluffs, and a series of coastal bays, inlets, and lagoons. Elevations range from mean sea level (msl) along the coast to approximately 3,738 feet above msl. The objectives of the MSCP are to: 1. Develop a program for the maintenance of biological diversity and the conservation/protection of self-sustaining viable populations of federally-listed endangered, threatened, and key candidate species and their habitats. 2. Define a Multi-Habitat Planning Area (MHPA) within which preserve planning is focused or within which a preserve is defined, and implement a preserve system which conserves viable habitat and provides for wildlife use and movement. 3. Reduce the human-related causes of species' extirpation within the MSCP study area. 4. Establish a partnership among State, Federal, and local agencies of government to facilitate mitigation and approval of public and private sector land development and construction projects by expediting acquisition of Federal and State permits. This action would provide a long-term economic benefit. The biological goal for the preserve design is preservation of as much of the core biological resource areas and linkages as possible. The economic goal is for the ultimate preserve to be affordable and for the costs to be shared equitably among the participants. The plan proposes a new process for wildlife and habitat conservation, and for implementation of the Federal and State of California ESAs, which relies on existing local agency land use review and approval authority. The new process places conservation responsibilities on local jurisdictions, based on their ability to implement a segment of the MSCP for their jurisdiction. In exchange for these coordinated conservation plans, local jurisdictions will receive from the Service permits for the taking of federally-listed species and will enter into pre-listing agreements for protection of other species of concern. A list of covered animal and plant species is incorporated in the MSCP Plan, including species that are federally or state-listed, proposed for listing, and candidates for listing. The lands identified for open space and habitat preservation are located within the MHPA. The MHPA was cooperatively designed by the 12 participating jurisdictions in the MSCP study area, in consultation with the Service and California Department of Fish and Game, major property owners and environmental groups, based on piological, ownership, and land use criteria. Planning staff of the 5 jurisdictions that have the largest amounts of remaining habitat. in .the MSCP study area (County of San Diego and cities of San Diego~ Chula Vista, Poway, and Santee) spent several months developing "soft lines' 'delineating areas within which specified percentages of land would be preserved and "hard lines" delineating 100\ preservation areas. The other local jurisdictions within the MSCP study area were asked to comment on a preserve design based solely on public ownership and general plan open- space designations. The resulting MHPA covers 164,326 acres of habitat. 9-t/Z ~e ~abitat conservation described by the MHPA is approximate. The /A'may be modified during the course of subsequent land use and ~oject planning, as long as the changes are consistent with MSCP :bjectives. Preserve boundaries, approved through either the MSCP plan or subsequent land use plans, may be adjusted without the need to amend the MSCP plan, or applicable land use plans, when the new preserve boundary results in a preserve area that is equivalent in biological value to the original configuration or is of greater biological value. Although the City of San Diego will prepare the draft EIS, the Service will be responsible for its content and scope. In addition, the City of San Diego will act as the lead agency for the preparation of the EIR. Project level environmental documentation will be included in the joint EIS/EIR for amendments to a variety of planning documents for the cities of San Diego, Chula Vista, and Santee. The proposed amendments would incorporate the preserve boundaries of the MSCP plan into adopted land use plans. Actions. [[Page 12248]] proposed by these 3 cities that will be addressed in the joint EIS/EIR include, but are not limited to, amendments to progress guides and general plans, local coastal programs, community plans, precise plans, and zoning ordinances. The joint EIS/EIR will consider the proposed action (issuance of a section 10(a) ESA permit for the MSCP plan), and a reasonable range of alternatives derived from scenarios considered during development of the MSCP plan: Alternative 1: Coastal Sage Scrub Scenario. This alternative would focus on preservation of the highest quality coastal sage scrub in the planning area with less emphasis on preserving other habitat types. Alternative 2: Biologically Preferred/Core and Linkage Area Scenario. This alternative would attempt to preserve those lands with the highest conservation value in the planning area, including multiple habitats and habitat linkages. This alternative is based heavily on biological criteria rather than other land use issues that determine the feasibility of preservation. Alternative 3: Public Lands Scenario. This alternative relies more heavily than the proposed plan on public lands and open space associated with existing or proposed development. Alternative 4: No Project (No Preserve) Scenario. This alternative assumes that conservation practices throughout the study area would occur on a project-by-project basis as occurs under existing conditions. Under the no project alternative, a regional preserve would not be established at this time within the MSCP study area. Environmental review of the MSCP will be conducted in accordance with the requirements of the 1969 NEPA, as amended (42 U.S.C. 4321 et seq.), NEPA regulations (40 CFR parts 1500-1508), other appropriate regulations, and Service procedures for compliance with those regulations. This notice is being furnished in accordance with section 1501.7 of the NEPA to obtain suggestions and information from other agencies and the public on the scope of issues to be addressed in the joint EIS/EIR. Comments and participation in the scoping process are solicited. The primary purpose of the scoping process is to identify rather than to debate the significant issues related to the proposed action. Interested persons are encouraged to attend the public scoping meeting to identify and discuss issues and alternatives that should be addressed in the joint EIS/EIR. The proposed agenda for this facilitated meeting includes a summary of the proposed action; status of and threats to subject species; and tentative issues, concerns, opportunities, and alternatives. Additional public meetings will be conducted on later dates to provide more opportunities to comment on the draft EIS/EIR. Dated: February 28, 1995. Thomas J. Dwyer, Deputy Regional Director, Region 1, Portland, Oregon. [FR Doc. 95-5380 Filed 3-3-95; 8:45 am) BILLING CODE 43l0-55-P J-~J COUNCIL AGENDA STATEMENT Item / P Meeting Date 03/28/95 ITEM TITLE: Public Hearing: Modification to Delete Annual Staff Review Requirement for Conditional Use Permit PCC-92-06; A 12-bed residential treatment facility for recovering alcoholics located at 73 North Second Avenue - City Zoning Administrator Resolution /7?'~mending Resolution 16425 which approved PCC-92-06 allowing the establishment of a 12-bed residential treatment facility for recovering alcoholics at 73 North Second Avenue SUBMITTED BY: Director of Planning ~'~ REVIEWED BY: City Manag~ \:N (4/5ths Vote: Yes_No.1U ./1-. On November 26, 1991, the City Council a roved Conditional Use Permit PCC-92-06 to allow a 12-bed residential treatment facility for recovering alcoholics (Exhibit A). The program, referred to as Nosotros, occupies the southerly portion of the former Vista Hill/Southwood psychiatric facility site at 73 North Second Avenue in the R-3 zone (Exhibit B). A condition of the CUP for this project required staff to conduct an annual review of the operation, with notice being provided to surrounding residents. Based on the compliance history of the facility, the Zoning Administrator is recommending that the Council delete the requirement for annual review. An Initial Study, IS-92-05, was conducted by the Environmental Review Coordinator and the Negative Declaration for IS-92-05 was adopted by Council with the original conditional use permit. For purposes of the amendment to Resolution 16425, the Environmental Review Coordinator determined that it is generally exempt from the California Environmental Quality Act pursuant to ~15061 of CEQA because the amendment will clearly have not have an effect on the environment. RECOMMENDATION: That Council adopt the attached resolution amending Resolution 16425 deleting the staff annual review requirement for Conditional Use Permit PCC-92-06. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: At the time of approval, Council directed that a yearly noticed review be performed to determine the impact of the Nosotros project on the neighborhood. Specifically, Condition 7 of Resolution 16425 (Exhibit A) states: /tJ~ / Page 2, Item / tJ Meeting Date 03/28/95 "This permit IS further conditioned on annual review by staff with notice to the surrounding residents. In the event complaints are filed or problems found, a report thereof is to be submitted to Council for review (NOTE: Staff annual review is to continue until, in the judgment of staff, it is no longer necessary, at which time staff will recommend to Council that the staff annual review requirement be deleted.)" Staff's investigation indicates that the program has been and is functioning in a manner compatible with the neighborhood and that the applicant has fulfilled the conditions of approval. In response to staff's request for comments, the Police Department commented in a memo dated December 7, 1994 (Exhibit C) that there were six calls for service and three crimelincident reports. The memo went on to state: "The disturbance calls were broken down into two firecracker calls and one verbal argument. The three theft calls are activity not related to the above location" . In response to the public notice, Mr. John J. Keetch, who resides at 178 Sierra Way, Chula Vista, wrote a letter dated January 10, 1995 (Exhibit D). Mr. Keetch stated that there has been an increase in break-ins at 110 North Second Avenue "since the MAAC project was started." He believes the increase is due to the fact that "because 73 N. Second A venue is higher than the condominium project, people at 73 N. Second A venue are able to look down into .the condominiums and follow the comings and goings of the residents of a number of the units." As follow-up to Mr. Keetch's letter, the Planning Department sent the attached memo (Exhibit E) dated January 19, 1995 to the Police Department. The Police Department memo (Exhibit F) dated February 17, 1995, indicates that, although there was an increase in criminal activity between 1993 and 1994 at 110 No. Second Avenue from 7 crimes during 1993 to 29 crimes in 1994, this increase can not be associated with the MAAC Project, or with any specific source for that matter. In part, the memo states: "I have reviewed the letter sent by Mr. Keetch regarding the MAAC Project and re- affirm what he has already stated, we can not determine nor blame, that the increase in reported activity at 110 N. Second Avenue is due to the occupants at 73 N. Second Avenue. There is no data that identifies any suspect(s) residing at 73 N. Second Avenue. Actually, there is only one 'known' suspect listed, and that individual resides in National City. Furthermore, there should be some consideration to the direct thoroughfare to another jurisdiction, as well as, the transient/homeless population that lives throughout the Sweetwater River bottom and channel area". (M:\HOME\PLANNING\MARTIN\MAAC\9206A.113) /tJ'd- Page 3, Item / t/ Meeting Date 03/28/95 The crime types, as listed in the memo are: Burglary - residential or vehicle/garage; petty theft; robbery; vehicle theft - attempted; vehicle theft or tampering with a vehicle; and vandalism. The memo lists how many in each month an incident happened. It could be that the increase is due to any number of sources from the homeless who live in the river valley, to a resident or residents who live within the condominium complex at 110 No. Second Avenue, or to people from outside Chula Vista. This same issue arose during last year's review when a local resident reported "an increase in the level of suspicious looking characters in and around the neighborhood" because of this project. At that time there were several reports of incidents requiring Police Department response, but all incidents were associated with the then vacant northern portion of the complex over which the MAAC Project has no responsibility. Over the last two years, staff has conducted a noticed review of this conditional use permit for compliance with the conditions of approval. During this period of time, staff has received only the two statements of concern discussed above. It is staff's judgment that the annual review is no longer needed because the MAAC Project has consistently complied with the provision of the Conditional Use Permit. Therefore, upon adoption of the Resolution amending Resolution 16425 by Council, the annual review will be deleted. Notwithstanding such action, if, in the opinion of the Zoning Administrator, such review is warranted any time in the future, this Conditional Use Permit can be scheduled for hearing by Council for modification or revocation. FISCAL IMPACT: Annual review of Conditional Use Permit PCC-92-06 is a staff activity which is supported by the City General Fund. Attachments: Exhibit A: Exhibit B: Exhibit C: Original Council Resolution Approving Conditional Use Permit (#16425) Locator Map/Site Plan Memo dated December 7, 1994 from the Police Department to the Planning Department in response to staff's request for comments Letter dated January 10, 1995 from John J. Keetch Memo dated January 19, 1995 from the Planning Department to the Police Department re: Exhibit C Memo dated February 17, 1995 from the Police Department to the Planning Department in response to Exhibit D Exhibit D: Exhibit E: Exhibit F: (M :\HOME\PLANNING\MARTIN\MAAC\9206A.113) Jtl~3 RESOLUTION NO. )?~.5/ A RESOLUTION AMENDING RESOLUTION 16425 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WHICH APPROVED PCC-92-06 ALLOWING THE ESTABLISHMENT OF A 12-BED RESIDENTIAL TREATMENT FACILITY FOR RECOVERING ALCOHOLICS AT 73 NORTH SECOND AVENUE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, MAAC Project established, as an institutional use, a 12-bed residential treatment facility for recovering alcoholics in an R-3 zone, to wit: the southerly portion of the former Vista Hill/Southwood psychiatric facility site, 3 North Second Avenue, Chula Vista; and, WHEREAS, the Environmental Review Coordinator conducted an Initial Study, 18-92-05, of potential environmental impacts associated with the implementation of the project and has concluded that there would be no significant environmental impacts; and, WHEREAS, the City Council adopted the Negative Declaration issued on IS-92-05; and, WHEREAS, the Environmental Review Coordinator determined that the amendment to Resolution 16425 is generally exempt from the California Environmental Quality Act pursuant to 915061; and, WHEREAS, the Zoning Administrator, after diligent review for compliance with the conditions of approval, did recommend that the condition requiring annual review be deleted from the conditions of approval pursuant to Condition 7 of Resolution 16425 and found that the applicant has consistently complied. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend Condition 7 of Resolution 16425 to read as follows: 7. The annual review shall be discontinued until such time as the applicant is no longer in compliance with the conditions of approval and/or complaints are received by the Zoning Administrator who will review each complaint and determine whether or not a public hearing before the City Council is necessary. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby readopts the findings of Resolution 16425. Robert A. Leiter Director of Planning II A"'7' """fjrmbY ""S~~c'-L-f '\ , Bruce M. Boogaard City Attorney s Presented by (m:\... \martin\maac\9206.cea) /1)--5 EXHIBIT A ORIGINAL COUNCIL RESOLUTION APPROVING CONDITIONAL USE PERMIT (#16425) /tJ- ? RESOLUTION NO. 16425 RECEIVE~(l,,,\,-,-~\ "fa '," , ,l / 7992 PLANNING RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PCC-92-06 TO ESTABLISH A 12-BED RESIDENTIAL TREATMENT FACILITY FOR RECOVERING ALCOHOLICS AT 3 NORTH SECOND AVENUE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, MAAC Project is proposing to establish, as an institutional use, a 12-bed residential treatment facility for recovering male Latino alcoholics in an R-3 zone, to wit: the southerly portion of the former Vista Hill/Southwood psychiatric faCility site, 3 North Second Avenue, Chula Vista; and, WHEREAS, the Environmental Review Coordinator conducted an Initial Study, 15-92-05, of potential environmental, impacts associated with the implementation of the project and has concluded that there would be no significant environmental impacts, and recommends adoption of the Negative Declaration issued on IS-92-05; and, WHEREAS, on November 6, 1991, the Planning Commission voted 7-0 to approve the proposal in accordance with Resolution PCC-,~-06. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find as follows: 1. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The Nosotros program will provide a desirable service by offering shelter, food, counseling and training for recovering alcoholics attempting to reestablish themselves as responsible, contributing members of society. 2. That such use will not under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The program will be established on a site which has served as a group residential treatment facility for many years. Conditions have been imposed to address the potential conflicts with surrounding residents presented by this program which may not have existed with the prior youth psychiatric programs. 3. That the proposed use will' comply with the regulations and conditions specified in the code for such use. $~8" A ttachment "A" Resolution No. 16425 Page 2 Compliance with all applicable conditions, codes and regulations shall be required prior to occupancy of the property. Specifically, a condition has been imposed that requires abatement of the present unauthorized use of the northerly portion of the property prior to this permit becoming effective. 4. That the granting of this conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The granting of this permit as conditioned is consistent with City policies for accommodating a full range of services and facilities for the benefit of its residents. BE IT FURTHER RESOLVED that, on the terms and conditions herein contained, the City Council does hereby grant a Conditional Use Permit to establish a 12-bed residential treatment facility for recovering alcoholics at 3 North Second Avenue. BE IT FURTHER RESOLVED that the conditions of said Permit are as follows: 1. The approval of this permit shall in no way be seen as an endorsement or precedent for estab 1 i shi ng the same or a simil ar type of use on the northerly portion of the property. The approval of this permit may in fact complicate any proposal for the use of the northerly portion of the property because of issues regardi ng compati bil i ty and coordi nati on of land uses, and the use and control of the facilities. 2. The mobile trailer units are hereby authorized for a period of two years from the date this permit is approved by the City Council. The trailers shall thereafter be removed. 3. The parking spaces associated with this proposal shall be restriped in accordance with City standards. 4. The use shall comply with the information outlined in the application and supplemental materials submitted by the applicant, including numbers of residents and staff, programs, supervision, and so on. Failure to comply with these parameters or the conditions of approval, complaints from surrounding residents, or failure to properly maintain the building or grounds shall constitute grounds for review and'possible revocation of this permit. 5. This permit shall be subject to any and all new, IIOdified, or deleted conditions imposed after adoption of this resolution to advance a legitimate governmental interest related to health, safety or welfare which City shall impose after advance written notice to the permittee and after the City has given to the permittee the right to be heard with regard thereto. However, the City, in exercising this reserved /tf~1 Resolution No. 16425 Page 3 right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee can not, in the normal operation of the use permitted, be expected to economically recover. 6. The app I i cant shall agree to no net increase in water consumpti on or participate in whatever water conservation or fee offset program the City of Chula Vista has in effect at the time of building permit issuance. 7. This permit is further conditioned on annual review by staff with notice to the surrounding residents. In the event compliants are filed or problems found, a report thereof is to be submitted to Council for review (NOTE: Staff annual review is to continue until, in the judgement of staff, it is no longer necessary, at which time staff will recommend to Council that the staff annual review requirement be deleted.) BE IT FURTHER RESOLVED that the City Council does hereby concur in. the determination of the Environmental Review Coordinator as set forth in Initial Study 92-05 that the proposed project would have no significant environmental impacts and does hereby adopt the Negative Declaration issued on IS-92-05. Presented by Approved as to form by '/ /"/1' .Ii / /(-";, I.. ,- Robert A. Leiter Director of Planning D'LJ-" ("~i<-f, Bruce M. BOOga~ City Attorney If) ~/tJ EXHIBIT B LOCATOR MAP & SITE PLAN J[J-J/ --I,. .. ___ _~1. ~.~.... ..--.".....'I~"". .6. fl .....___ _ _ _ -_ " .._ __"""'- . ~"I I I I ~ f:A A I . -. . - , - .. ~ . . . ..' 7 ~T "" -' ~ .... - ' - . - ~. ",vt" , . - A4 @ IN nurr: IVf: ~ ~I :I: ~- ~~ ~W I ~G.y:~b.lth 13.: .,.. ...'- .. '.,'. ',- : .~ ~ ~ -.. - 1,:) '~7~tJJ' I~~ ~ ~/~ on - ' -'~"'~ ,,\ ~ .~ "'~ . .... 1\ ~4lt ',coI',.' . ...:. . ~ ~h-"~~ ~;:~~ ~ ~~! o~ ' Cl lll'~ ~I Clfv. "'4 ~::l ~ Vl 8 J,' I'" "'~Pw ~vc ytllU' '- (.".)r - -- MF . \ . 5Fl((@ ~E"T ~ V~T'~ ~~ wr I ~ KOA if::\ I r~~F"1 \!V .~\\- ' r ~ ,.' ~\ \ . I @ , All --I I, I 0 ; - ; r.- - - . - ~ - . - 10- r~ . 1:1 V~, .. --'~,-_. '- '..... -- f ~"~\J~.~,,~ /!J~ ~ ' .'.~~~II". r p~-~z.-t>~ . .r ~?;'~~?~s' M/~~~ll .1 Ifl>It>ENTIAL 'FAC~LITt F"!{ ~U()~..~1N6 ALC-C'H()J.lc.$ .. r ~ ! .80l::l..L.OSON .. ..L.OarOl:id 0...",...,..... I , ~.hll ......'IlllIIMIi I, Q I . ~ L ~ ~ ~ II q o ., > ~ ., '. ~l," " ., .-.,.... to '. ;r:J~}:.:~1\ (~>J~;':.-~- ~ :l,.;.>::t~~":~ 'C'. ~!,~1 .,. \-"',.,.!t""1'''.....~.' .~.~ <~:i'~'::i~-'." ~~~.;.;... ~ j:~ ' :\ '-~~l. jl '.~ . a.' '~.:n.... .~ .., ,<r,'- \'t; :, ~.,,?{+....~,' .". ~'" \ \' /t}-/3 z 5 L ~ ~ o l EXHIBIT C MEMO DATED DECEMBER 7, 1994 FROM THE POLICE DEPARTMENT TO THE PLANNING DEPARTMENT /tJ~ /5 DATE: December 7, 1994 Martin Miller, Associate Planner ~'. captain Zoll, InV~~\gative Division ~~". Mary Jane Diosdad~SCPS Del-'J ::'~ TO: VIA: FROM: SUBJECT: Conditional Use Permit: 73 N. Second Avenue I have reviewed the information you provided to the Police Department regarding the permit review for the MAAC Project. Over the past twelve months there has been six CFS and three crime/incident reports. The following is a listing of the year's activities. CAlls For Service Disturbance of the Public Peace Total Crime/Incident ReDorts Total 3 459 Burglary 488 Petty Theft 10851 Stolen Vehicle 1 1 1 The disturbance calls are broken down into two firecracker calls and one verbal argument. The three theft calls are activity not related to the above location. Thank you process. me. for the opportunity to have input into the planning If you have any questions, please feel free to contact ;!J; J? EXHIBIT D LETTER DATED JANUARY 10, 1995 FROM JOHN J. KEETCH /tJ- J 7 178 Sierra Way Chula Vista, CA 91911 January 10, 1995 Mr. Martin Miller, Associate Planner Chula Vista Planning Department 276 Fourth Avenue Chula Vista, CA 91910 ,I, " ....-,i'l/ '7 ~ O. u' "'!. 1,\' C'r -. Re: PCC-92-06: Annual Review of the MAAClNosotros Project Dear Mr. Miller: In your letter to the property owners and residents about the MMC program at 73 N. Second Avenue, you referred to police responses to 73 N. Second Avenue, none of which were associated with the MMC Project. You have missed some important data. In the Brentwood AIms condominiums, located at 110 N. Second Avenue, break-ins by burglars have increased since the MMC project was started across the street at 73 N. Second Avenue. Approximately September 27,1994, Unit no. 68, which I own and my son rents from me, was entered by smashing a bedroom window, and the unit was ransacked. Pillowcases, CD's, a 35 mm SLR camera, a VCR, a gold chain and a diamond earring were stolen. Although the police were called and they responded, the burglar was gone, and so there is no way to decide whether the burglary is related to the MAAC project. The evening of that burglary I learned that similar incidents had happened at other condominium units in Brentwood Arms, and this evening I learned of another one since that date. Because 73 N. Second Avenue is higher than the condominium project, people at 73 N. Second Avenue are able to look down into the condominiums and follow the comings and goings of the residents of a number of the units. Your letter stated that concerns have been expressed over the possibility of an increase in criminal activity associated with this project. Please look at criminal activity, and especially burglaries, at Brentwood Arms, 110 N. Second Ave., and perhaps elsewhere in the neighborhood, as possibly, if not probably, being a result of the MAAC project. Just because these unsolved crimes cannot be directly traced to the MAAC JtJ-J~ project does not mean that the MAAC project has not conbibuted to the increased crime which has definitely occurred at Brentwood Arms and perhaps elsewhere in this neighborhood. I apologize for missing your December 30 deadline. Please consider these incidents, and recognize that crimes possibly related to 73 N. Second Avenue will usually not result in police reports referring to that address, especially when no solid connection exists. Sincerely, .J~ John J. Keetch I tJ ~ /( EXHIBIT E MEMO DATED JANUARY 19, 1995 FROM THE PLANNING DEPARTMENT TO THE POLICE DEPARTMENT RE: EXHIBIT D J,!J-~r . MRMORANDlJM January 19, 1994 TO: Mary Jane Diosdado, SCPS FROM: .}.. 31>5 Martin Miller, Associate Planner~\. '1-5 PCC-92-06R: Response to Letter of 1/10/95 from John J. Keetch SUBJECT: Thank you for your response for comments dated 1217/94 (copy attached). This gave valuable information so far as the yearly review is concerned as it indicates that the number of incidents is low. However, the Planning Department received the above-referenced letter from Mr. Keetch who apparently believes the residents of the MAAC Project living at 73 North Second Avenue may be those responsible for several neighborhood burglaries. Please answer the following questions: 1. Has there been an increase in break-in in the neighborhood, and especially at Brentwood Arms, 110, No. Second Avenue, since the MAAC Project opened? 2. If there has been an increase, does the Police Department attribute it to the opening of the MAAC Project? 3. If there has been an increase but it is not attributable to the MAAC Project, to what or to whom does the Police Department attribute the increase? Please respond by January 27, 1995. ~<{a vii. tfuDtL J~-~ EXHIBIT F MEMO DATED FEBRUARY 17,1995 FROM THE POLICE DEPARTMENT TO THE PLANNING DEPARTMENT IN RESPONSE TO EXHIBIT E 1t1-;2.3 ~2 DATE: February 17, 1995 Martin Miller, Associate Planner MJ Diosdad~ Crime Prevention Specialist TO: FROM: SUBJECT: C.U.P 73 N. Second Avenue I have reviewed the letter sent by Mr. Keetch regarding the MAAC Project and re-affirm what he has already stated, we can Dot determine nor blame, that the increase in reported activity at 110 N. Second Avenue is due to the occupants at 73 N. Second Avenue. There is no data that identifies any suspect(s) residing at 73 N. Second Avenue. Actually, there is only one 'known' suspect listed, and that individual resides in National city. Furthermore, there should be some consideration to the direct thoroughfare to another jurisdiction, as well as, the transient/ homeless population that lives throughout the Sweetwater River bottom and channel area. Upon researching the past reported (theft related) crime cases at 110 N. Second Avenue, there were seven reported in 1993 and twenty-nine in 1994. The following is a list of that activity for 1993 and 1994: 1993 Burglary - Residential or Vehicle JAN - 1 FEB - 1 MAY - 1 JUL - 1 Vehicle Theft - attempted MAR-I Vandalism - MAR-I DEC - 1 1994 Burglary - Residential or JAN R-,p V/G-5 APR FEB R-,p V/G-l MAY MAR R-I V/G-I Vehicle/Garage R-,p V/G-1 SEP R-,p V/G-3 DEC R-2 V/G-,p R-l V/G-,p Vehicle JAN APR Theft 2 1 or Tampering OCT NOV with a 2 1 Vehicle DEC 1 Petty Theft - MAY - I SEP - 3 (2 unlocked vehicles) Vandalism - JUL - 1 AUG - 1 Robbery - JAN - 1 cc: Captain Zoll, Inv. Div. JtJ-c2 r PUBUC J-IEARlNG CHECK UST PUBUC HEARlNG DATE: SUBJECT:~\ L -C\d-.- D k '\l\ (1A& d!i) , \'1'1~ ,,\\~~ ~~~ \~ M '~ll J) DQ~'.0 . LOCATION: .,}\'\\'\{ SENT TO STAR NEWS FOR PUBLICATION n BY FAX '\ ; BY HAND ; BY MAIL PUBLICATION DATE ~ \ ,\<t,\ c..,S - - . MAILED NOTICES TO PROPERIT OWNERS f..... ~- ,. J. NO. MAILED PER GC ~54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122 \ .\\ ( LOGGED IN AGENDA BOOK ~ \ \""\ \ C\; COPIES TO: Administration (4) ~\\'-\\4,<;" . ~\\'\\I\\ Planning Originating Department Engineering Others City Clerk's Office (2) POST ON BULLETIN BOARDS '" ~\ \S\~'C SPECIAL INSTRUCTIONS: 7/93 . ,.-/ 1(J.r ;0 -55- ~'\;>J\S- ~ ~-"VVJ (< "'~'" ~0 ~v~ ::::~~ -: ~~......::~ """~.......~ - - --- erlY OF CHULA VISTA PLANNING DEPARTMENT NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, for the purpose of considering the annual review of and modification to Conditional Use Permit PCC-92-06 (MAAC/Nosotros Project). This project, which was approved as a 12 bed residential facility for men with alcohol problems, was conditionally approved by the Chula Vista City Council on November 26, 1991. One of the conditions of approval was that the use be reviewed annually by staff and brought to Council if there were any complaints filed. No complaints have been filed, nor have any concerns been expressed since the use was established which would warrant continued annual review. Therefore, the Zoning Administrator is recommending that Council delete the provision requiring annual review. The Environmental Review Coordinator considered this review and modification and determined that they are Class 1 Categorical Exemptions pursuant to Section 15301 of the California Environmental Quality Act. If you wish to challenge the City's action on this review or modification of Conditional Use Permit PCC-92-06 in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, March 28, 1995 at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. If you have any questions regarding this matter, please contact Martin Miller, Associate Planner, in the Planning Department at 476-5335. DATED: March 13, 1995 CASE NO. PCC-92-06 COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the Americans with Disabiliries Act (ADA), requests individuals who may require special accommodations to access. attend, and/or participate in a City meeting, activity, or service to request such accommodation at least forty-eight hours in advance for meetings and five days in advance for scheduled services and activities. Please contact the City Clerk's office for specific informarion at (619) 691-5041 or Telecommunications Devices for the Deaf (TDD) (619) 585-5647. California Relay Service is available for the hearing impaired. M: IHOMEIPLANNIN G\MARTINIMAAC\9206CC .NOT /tl~~~ 276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(6191691-5101 ....." I ?' . -- --- . ~... 't:: w .. &:=J-'~ .I~~ " 0\ \ .~ ,,\'JE~ ~ ," .. i , ~~ ~A -..," .~"1 .. .... . @ INDUrf. " ~ ~ J ;;;;;J ~ E~~~' \~F ~ SF (~ ~E"T h ~ V l,.U.6.TI~ _~ W1'~ KOA 0 <- F~ 1- 1~~~~ g ~\ HI H- ~ - ,~ ~~ ',CO,,!-). ~~""""""... ~ ~~ ~ <),:~> ~ '" '" , ;....-<~ ~ lS~ .' DRIVE 0,(> O~ S4 C'!rUt. ..; ~ ~l :x: ....~ F? lr-tV o z - - , @ TI ~~J n !lEA VA I f- lrir- ~ - - ~ ~ - I-- I R '\/ . 1 _ V ~. ---_w......... ~ ~v I 1 ~ a:otrIIa L ~f,Jt>, -?~o A~l ~OCATOR "MAAC. ~ NOS TOI\OS /2-B~D , L -' L' ~ (pu:. - 4 2-- t'~ 1 IfES/t)eNT/AL FAC1LITj FoP, _ ') NORTH _ //J-;<1 .. 1fUOVE.~IN(i, ALc.OHOL/c..> .~ NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, for the purpose of considering the annual review of and modification to Conditional Use Permit PCC-92-06 (MAAC/Nosotros Project). This project, which was approved as a 12 bed residential facility for men with alcohol problems, was conditionally approved by the Chula Vista City Council on November 26, 1991. One of the conditions of approval was that the use be reviewed annually by staff and brought to Council if there were any complaints filed. No complaints have been filed, nor have any concerns been expressed since the use was established which would warrant continued annual review. Therefore, the Zoning Administrator is recommending that Council delete the provision requiring annual review. The Environmental Review Coordinator considered this review and modification and determined that they are Class 1 Categorical Exemptions pursuant to Section 15301 of the California Environmental Quality Act. If you wish to challenge the City's action on this review or modification of Conditional Use Permit PCC-92-06 in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, March 28, 1995 at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. If you have any questions regarding this matter, please contact Martin Miller, Associate Planner, in the Planning Department at 476- 5335. DATED: March 13, 1995 CASE NO. PCC-92-06 M:IHOMEIPLANNINGlMARTINIMAACI9206CC.NOT JO'c2g/ ~~~ .... ~<-~~ ~~~~ ellY OF CHUlA VISTA OFFICE OF THE CITY CLERK TELEFAX COVER LEITER Telecopier No. (619) 585-5612 DATE: '8.\I'-\\'1S TO: Star News LelZal / Teresa FAX NO: (619) 426-6346 FROM: (Y:~, '. SUBJECT: V v,,~__,'---' 1~-€ : I.._.{_" '}. \/ '. ~ \ \"6 , ^ .----- '_1':::::' \ \ TOTAL NO. PAGES (including cover): d-, PUBUCATION DATE: _\ \ ~ ;:, \\C6\CI::, , If all pages are not received, please call Lorna @ (619)691-5041. /tJ ~,)..7 276 FOURTH AVENUE' CHULA VISTA. CALIFORNIA 91910 . (619) 691-5041 @""""",,,,_eo- NOTICE OF PUBLIC HEARING BY THE CHULA VISTA CITY COUNCIL CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold a public hearing to consider the following: Annual review of and modification to Conditional Use Permit PCC-92-06 (MAAC/Nosotros Project). If you wish to challenge the City's action on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk's Office at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, March 28, 1995, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: March 15, 1995 /iJ - yo 3-18 N IS) lL N NOTICE OF PUBLIC ... HEAmNGBYTHECHULA C ~ ( ~ VISTA CITY COUNCIL " ,I CHULA VIST A'ECAUFORNIA C'~J\(~ ( lD NOTice IS H REBY GIVE~ _.Y III THAT THE CHULA VISTA CITY COUNCIL will hold a \':t. bllc I\8arlng III coosldllllhe . lowlng: Amual rllVlew of and modln. ca~on to Condlllonal U&ll Pili- m I I PCC-92.06 hMAAC4'IOGOlroo ~flCll). you wish lD chal nga Iha 0 City'. acllon on 1II1. maW In " f- COIlrl. you mil)' be IImII8d 10 la- I Ialng only those lasues ~ or someone 81.. raIsed at e~- bic healing doscrlbed' In 0 no~, Dr 11\ written correo~OII- , d....... deHvered ID the ClIy Clerk's OIRce at or prior III Ih8 pubUc heer!r& S"C P LIC HEARING WILL BE HELD BY TfE: CITY CO\JNCL on Tueoday, March 29 , 1995 al 6:00 ~. In Iha CouncI Chamber., bile Ser- vices BuIIdlnPc 21& Fourlh I'.venut, e1wh ch lime :1 pili' son d&S~lng 10 be near may ap~,. :reo: March 15, 1995 CV0571l8 SllM5 EO ~ ~ ~ l'E ~ ... ... ~ IS) ... ~ ... I lD ... I I'l IS) [,. Ie . I "1~. 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'* B /tfi - ;J ;J JOSE AIRIO MAR~A, LA 0 _ 5b33102514 CESHDE MI GUAL ~ ~ISTA LA J 10 TE U 919-10 YOLANDA 5633102522 .OUOS MICHAEL. 5b 3310252b SEVEkNS VERONICA M 5b 33.02 530 ARAIN MURTAZMMALlK NAIMA 5b33102534 ~ 5633102538 .1 lLSEY NANCY L o 5b33102542 ~SHARUN L ~lq1l -- 5b 33102550 kiNG PAUL < , THOMA5L J"DEwEY/ELSIE < c/o LINDA BuB~ -., ""1""1'rr"i,;lf'~~ ~HUL~ rSTA I CA 91910 .,!:~}'l,"'~~ w,~:"",:t:.. ", '~""~!'~" ~..-;;.N. ,;.~ ~.:.""~" ~\,~,,rl._,..,~,, , .,.,.. .....,...: ,-." .!'( ...; ..... . .-, . &....c. '.. .~"J- f" _'C' .,,:1:.- ",jft~)>N;~,;>":~" ~l,,', iiil!,!/,<}_",'1t' , C:i.iz. ~1.!" ...,'.- ,,~,iIfij;;r. 5633102515 ALLEN EDWINA P TRUST CHULA V IS~)Sl"'9.l"qlQ ';4 563310251'1. GIBSON PHILIP R , - CHULA V I~A. ~A 9.1.~~?, ",<, c. c " (5633102523 O << . (' ONGPAuCO-TAI'IAYO CORAZuN L . ..-, e.... . ."...i( C HU LA V ~r A q.",. -m 0 o r~- "'.. 0.. ,( 0<<. (5633102527 c..:J ,(BkE 10 ELlZA~ETH M 'O,~.l.. CHULA"V.tg~.<;A ql'1.1Z ~~JfA'~~~~~O/NANCY ...__. .. . I. .1IICHULA VISTA CA '1.1'1.10 . 5633102516 08-30-89 ~ ............ CHULA VI>TA CA 91910 ) >> ;;:^~ 56 3H02 5iO JOHNSON .LORtNCE L CHULA VISTA LA 91910 >> >> 56331025,4 CALZADA uANIEL ;'~~~.'",(.1iA-, :HULA vt~TA CA -'l*'''-:--'a J/ALlSON E 91 '1.11 >> . 56331025,B UERNAN . AM IL Y """no.. _ ..... .'HULA V I 'TA CA .."",~,,, ("' oJ TRUST 1l-08-B9 91910 . ) 5633102531 56331025~2 MIKOSl CAkM<N TRUST 0~-02-93 DVADIA RUBERT -- '~1 CHULA V~T;; ..CA 9191lJ ....",,,,,,. CHULA VISTA CA 91910 5633102543 HANCOCK WILLIAM L/NINA K ~:5"f51:. ~ 1 AL BE AC \;U..t+~?""~ 0.1' ( ( OLe r" . _ ( (5033102547 ,'-- '- FAST LIVING TRUST 07-10-90 ,0" ( , .. ,O~... 4 CHULA V ISll..E1.~' ?J?..~,,'....... .';__ (j' n""'t' ~, .-- '" . .,<, ,""" co. ~ "".{ Nr1 "..., 5633102535 VELARDE SUNYA 1 . If r CHULA V~T4 CA ~191U """". ,': . 5033102539 HINKLE .ILLlAM S C HU L A V 1tiU+ ",C)"",,9191~,<. ) ) 5633102 5 ~6 ADAIR BI..LlE G .,~ .,".,." CHULA VI ST.. CA Ql910 >> . /'i\H"t'lit'''-.;. 5633102540 ~USH JAM<S 0 III/ANGELA R .. ' ~ CHULA VISTA LA ~1910 I .. 5633102544 ~ CHULA VI STA CA 91'1.10 ~ . 56 33102 5~ B ~AS DwNALD IITAt SOOK .... - SAN DIEGu CA 9Z111 . . 5633102551 ~ARIE CHULA V ISlA ~!f,~" ~11 5633102552 ~ CHULA VISTA CA 91910 . """'11 ?1!'l"__;':-.. > ....,"'....'. '. ~.. 5033102555 ~RUST C,jiULA V l~tllll5A,;,t.:~:~0 .' . <UIIIftot..... 56331025,6 SALD THE~ ..-- CHULA VISTA CA 91910 . ! )cJ'- ;r( , ce ( 04. C e ~ C,OD (~ ~.( .,. con C e( " <lC,-l t ., LABL 0050B PCC-92-0b G ROUP CARE HOME: CULTURAL~Y S P x xxx xx x xxx xxx xx xx x xxx xxxx xx xx x x xxxxxxxxxxxxxxxxxxxxxxxxxxxxx x xxxxx xxxx xxx xx xx x xxx xxxx xx xx x x xxxxxxxxxxxxxxxxxxxxxxxxxxxxx x xxx xx x xxx xxx xx xxx xxx XXXx)(X xx X X xxxxx x xxxxxx xxxx xxxx xxxx xxxx x x xxx xx x xxx x xx xx xx x xxx xx xx xx xx x x xxx xx x xxx x xx xx XX)( xxx xx xx xx xx x x xxxxx xxxx xxxxxxx xxxx xxxx xx xx x x xxxxx xxxxxxx xx xx x xxx xxxx xx xx x 4 4 r a 5 t33020200 ~HN JEFFERY F/JULIE K ~L#".l!ol'SH.."'91 91 0 L 5633100100 S ILVEK JUDI TH T .. 1910 , -.. ." 5 633100500 KUHNEL ALEX H/ELEANOR c. {( ,,~""--""'-'- , OU, ( c.~ ( _ 5633101000 C' ~ 0 c -~ RUZ GABRI~L/MARJA E ~e; ( I ( 00' ( c e r ( I (. 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( ~e" ,'-' ( 0 (~. r a e lIr." r C . ( . - e e ."" G O. ..~-_.., - " '- ...'-"--~---- "'" - ...--, " --", .~- "",,,r-, ., .. . ~ ~,: .~': ~ ~ -:.~. ; : '- '\ ~ :~; j/Jr J) I C~~'''~~~t~~'~yJII c . ~ ( II . L"~ ~.- C,'O(: (,CHULA VISTA CA 91910 ~. ( :.., I 0 () ( C . ('.l-i~~~~ C ~-.~~~C_~_ ~ .~.~=-~ J/~~OITH CHULA VISTA CA 91910 ,-~.""., \if: eel l au ce; (~O ~. ; ( 0 (~' c.( . _~5..t.lnLl2,,~ __..;<~'Jr.N~HA l L .. LOW _. CHULA VISTA CA 91910 AI!"~'l(lWra"'~'NliO A/GLORIA 0 L~..~v (HULA VI~TA CA 91910 . ... 5b33~ '.'.L....'~~~' , [ M A K T HA CHULA VISTA CA 9191u -..-~ ~.~ ~NA E " " ,., (HULA VI~TA CA 91910 >> ) ,,,..':"',.~~ J//',ARGUEkETTE - ,,- , (HULA vI~TA CA 91911 >> ) __~~, J _ CHULA VI~TA (A 91910 ) ) _,. _,,?,b~31 gz.~_ . ..."~,,,,:;; JONESe '/Q1IfMI LEt-. T R IS.. A t-. S ON J EA. N TR . L ,_ (HULA VI~TA CA 91910 >> 5 b 331 (,12 ~ CUl"bS" P'II., 10 ~ 3 3.3Jl3.3 u,O . A~~~~CAROL H bO~iTA-CA 91902' ",& . M' ,<.,.,"...':' ) ',_~M~(m_ t-.E RSHI P ..~,~,.!" IMPERIAL bEACH CA 919j3 \'.,',,,,,..~ t."',;~:~ J " ,. - ~.........~ ~ ~:' " "11,,-', -'~.. a.. J.. '... ,.. .,... ':l.. '.... "..t: ;,. . ..- , ~'" '. ,- ~ ..' .~ , \..... . J" ~, _ c.~...,. , c..t",-, - . . ~=. .. -' ., ~.: ~': ~~ .::': :.) ~ :~; , ~, . ~, - '-c. .~. .I _ _'. _' _' '_' 'j .~ -' .' .. r o~~~__=._-.~.~ /cJrJY' MEMORANDUM March 23, 1995 File: 1320-50 TO: To The Honorable Mayor and City Council VIA: John Goss, City ManagerUt:\ l. FROM: John Lippitt, Director of Public Works/Operation~ ~~t.- SUBJECT: ADDITIONAL INFORMATION ON BACKHOE PURCHASE At the Council meeting on March 14, 1995, Council requested additional information on the backhoe that staff had recommended for purchase. Specifically, Council wanted to know if a smaller machine would meet the City's needs. The City currently has two backhoes; one assigned to the sewer maintenance division and the other to the street maintenance division. Since the creation of a second sewer construction crew in April 1994, the second sewer construction crew has been sharing the use of the backhoe assigned to the street division. Since sewer lateral repair takes precedence, the sharing of this machine has negatively impacted the street division's operations. Part of the reason that staff had recommended the larger machine was because the second sewer construction crew would be sharing the use of the machine with the street maintenance division. The work done by the sewer construction crew in repairing and installing laterals places a higher demand on a backhoe than would normally be placed on a backhoe by the street maintenance division. Staff's concern with the sewer construction crew using a smaller machine is that while the machine will be able to perform most of the work done by the sewer construction crew, the constant usage would most likely lead to earlier replacement and/or higher maintenance costs. Current backhoes have a IO-year replacement cycle and replacing the machine earlier than that or increased maintenance costs could easily cost more than the incremental savings due to purchasing a smaller machine. Staff was able to discuss which backhoes are appropriate for specific circumstances with the City of San Diego's purchasing expert on backhoes. San Diego uses the smaller machines for sewer laterals except in the Miramar area where the ground is very hard and creates difficult digging conditions. Chula Vista has such conditions south of "L" Street. Unlike San Diego, all of our machines must be used citywide. Another important factor to consider is that San Diego uses a 7 year replacement cycle instead of the 10 years used by Chula Vista. Staff's best estimate is that use of the smaller machine under our conditions would require earlier replacement. ))~ I Honorable Mayor and City Council -2- March 20, 1995 The Public Works Department has requested an additional backhoe be purchased during FY 95-96 out of sewer funds and assigned to the sewer division. Budget review is in process and the City Manager will forward his recommendation to Council with the FY 95-96 Budget. If the additional machine is approved in the FY 95-96 budget, staff would recommend the smaller machine be purchased at that time and given to the street tnaintenance division and the machine currently recommended for purchasing (the JCB215) be permanently assigned to the sewer crew. Staff's bottom line is that under current circumstances, we recommend purchase of the JCB215, i. e., the larger machine. DB:mp (ADINFBKH.MEM) //~cZ MEMORANDUM March 28, 1995 File: 1320-50 TO: The Honorable Mayor and City Counci~ C h. / John D. Goss, City Manage~ ~ ~,) . / John Lippitt, Director of Public Works~ (f!'/ REQUEST BY CONTRACTORS EQUIPMENT COMPANY TO CONTINUE BACKHOE ITEM FOR ONE WEEK VIA: FROM: SURJECT: Ken Birch, a representative from Contractors Equipment Company (who provided bids on the Case Backhoe), has requested that the Council continue consideration of the bid award on the backhoe for one more week. Mr. Birch indicated that he wishes the item continued as he is unable to attend tonight's Council meeting due to a medical emergency in his family. Mr. Birch was also unable to attend the Council meeting on March 14, 1995, when this item was originally considered. Last week Mr. Birch called the City Manager's office about award of the bid of the backhoe. Staff returned Mr. Birch's call, however he was not in and did not return staffs call. As as a result, we have no additional information as to what Mr. Birch wants to tell Council other than that he believes the bid should be awarded for the Case 580 Super L. Staff's recommendation to purchase the JCB215 and consider purchase of a smaller machine if an additional backhoe is approved in FY 95-96 still holds. Staff does not recommend continuation of the item for another week as only thtee members of Council will be at the April 4th meeting and there may not be a full Council for three more weeks. The purpose of this memo is simply to inform Council that Mr. Birch has made a request to continue the item and that staff recommends that the item not be continued and the award made to Bengal for the JCB215. DB:mp (BKHCNCL.MEM) //'3 B Contractors Equipment Company Construction, Industrial, Utility & March 16, 1995 fJ rr-(' '0 i'lL 0' /1/1' '!4,? ') L.I r L{j -9 M~ 0 . ) fir-OR's .. ."" ChlJ,a Vis' OFFICE H9 ~ ,~ C4 " Honorable Mayor and City Council City of Chula Vista 276 Fourth Ave. Chula Vista, Ca. 91910 S A L E S Dear Honorable Mavor and Citv Council: My purpose in writing to each of you is to address ITEM TITLE: RESOLUTION 1780 which is the rejection of the low bid for a TRACTOR LOADER BACKHOE from Contractors Equipment Company, and award to Bengal Tractor. (All copies attached) . R E N T A L S My frustration through this bidding process is that someone in the City organization has made a judgement that the CASE 580 SUPER L loader backhoe is a smaller machine than the JCB 215. After the bids were opened I tried on several occasions to get an audience with Purchasing and the end user department with promises that I would have the opportunity to review the bid spec's in comparison to the CASE 580 SUPER L spec's. I finally had to call Sid Morris, Assistant City Manager, to get the audience that was promised. In this meeting Dave Byer was present and we reviewed the Cities spec requirements versus the CASE 580 SUPER L. As explained in several memos and correspondence the Case met over 100 of the approximately 105 or so spec's Exceeding 19 of those required specs in very critical performance areas, areas that are critical in the performance of a backhoe. . P A R T S . S E R V I C E I am still amazed that Jack Dickens and Dave Byer want to purchase a machine built in England with English fittings on the unit and requires a special oil for the brakes and grease for the backhoe. The City of San Diego confirmed this to Mr. Byer via the phone. The CASE 580 SUPER L is a very responsive unit to your bid spec's as you can see if you will review the attached material dated February 28, 1995 to Mr. Dave Byer. In addition, they want to spend more money for the JCB as well. The CASE IS LOW BY $1704.42. SAN DIF.GO (619) 2989846 ESCONDIDO (619) 741-9272 OXNARD / / - tAHEIM (805) 983-3969 (714) 535-7731 RIVERSIDE IMPERIAL (909) 682-6823 (619) 353-0190 SAN MARCOS RIVeRSIDE/COLUMBIA CITY OF INDUSTRY OXNARDfLATIGO INDIO EL CAJON (619) 743-7777 (909) 684-5645 (818) 968-961 1 (805) 485-9494 (619) 342.3359 (619) 562-3841 In the material entitled RESOLUTION NO. 17830 which contains the results of the bidding you will find on page 6-2, highlighted in yellow the reasons for disqualifying the CASE. 1. Slightly under weight: NO vendor met the weight requirement. (verified by specification and price books) 2. A small capacity loader bucket: Yes, the CASE bucket is .16 smaller. Not detectable. About the same amount as a large scoop shovel a man or woman would use. 3. Slightly less lift capacity: CORRECT. 186 POUNDS LESS. Not detectable in 6000 Ibs. 4. 1"3" less dig depth. NOT a concern as you review comments by Staff. The statement about other venders bidding a smaller machine indicates that your staff has not fully researched the CASE 580 SUPER L for its correct size. After 22 years in the business I am quite taken that your Staff is not able to see that the CASE 580 SUPER L is a very responsive machine to your bid. CONTRACTORS EQUIPMENT COMPANY has been established since 1952 here in San Diego supporting every MUNICIPAL agency and city in the county. We have invested a tremendous amount of money in the areas of PRODUCT SUPPORT AND HAVING A SUFFICIENT SUPPLY OF PARTS IN STOCK TO SUPPORT OUR CUSTOMERS. I would be pleased to personally review the bid spec's with you and go through the bid spec's item by item and demonstrate to you that the CASE 580 SUPER L meets and exceeds your spec's with only minor variances of little or no consequence verified by your staff. I thank you for your time in reviewing this item. //-J Since the council meeting on March 14, there has been some discussion of even going to a smaller unit. I have submitted to Mr. Harlan Wilson via fax the necessary paper work where- in the City of Chula Vista could piggy-back off from the City of San Diego's bid where they are purchasing three (3) new CASE 580 L's from CONTRACTORS at a substantial savings over Chula Vista's Bid. I would recommend that the City seriously look into this option if they are looking to make a purchase of a backhoe at the most competitive rate. The City of San Diego's bid was for sixteen (16) pieces of Heavy Construction Equipment. The pricing was very aggressive and you can take advantage of the huge purchasing power of a larger entity. Thankpou Honorable Mayor and City Council. ~,f....-e1U->'~ rr- l/. /2~~/ Kenneth L. Birch Governmental Sales Specialist, CONTRACTORS EQUIPMENT COMPANY //.-~ COUNCIL AGENDA STATEMENT Item-L Meeting Date 3/14/95 Resolution I '} 8':3 () Rejecting lowest bidder as non-responsive; accepting bids and awarding contract for purchase of a tractor loader with backhoe SUBMIttED BY: Director of Public Works~L--:J!'? Director of Finance /E . REVIEWED BY: City Manage~~~ (4/5ths Vote: Yes_No..x.) Bids were received and opened at 3:00 pm on January 18, 1995 in the office of the Purchasing Agent for a tractor loader with backhoe for Public Works Operations. ITEM TITLE: RECOMMENDATION: That Council approve the resolution accepting bids and awarding contract for the purchase of a tractor loader with backhoe to the lowest responsible bidder, Bengal Equipment. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The FY 94-95 equipment replacement budget provides for the replacement of a tractor loader with backhoe. The bid packages were mailed to vendors in San Diego County with four (4) responding and one (1) of the four bidders providing an unsolicited alternative bid. The following is a summary of bids received: Tractor Loader with Backhoe Bidder Unit Price 7% Sales Tax Trade-in Net Amount Allowance Bengal Equipment, E1 Cajon 1995 JCB215 $51,696.00 $3,618.72 $10,000.00 $45,314.72 Hawthome Machinery, San Diego 1995 Caterpillar 426B $60,915.00 $4,264.05 $15,000.00 $50,179.05 Contractors Equipment Co, Escondido 1995 Case 590 Super L $60,710.00 $4,249.70 $14,480.00 $50,479.00 Alternative Bid: 1995 Case 580 Super L $54,290.00 $3,800.30 $14,480.00 $43,610.30 (does not meet specifications) Whitney Machinery, San Diego 1995 Jolm Deere 410D $59,300.00 $4,151.00 $12,000.00 $51,451.00 ~ ///7 Page 2, Item V MeetingDate 3/14/95 The net low bid of Bengal Equipment Company meets specifications and is acceptable. The following tractor loader with backhoe will be traded in upon purchase: 1986 Case 680 Backhoe with combination bucket, property tag #15138. When the bid package was distributed by Purchasing, a call was received from the vendor bidding the Case backhoe. They had two backhoes, one above our specifications and the other slightly below our specifications. They were invited to bid both, as long as both met minimum specifications. The lower cost Case backhoe (Case 580) did not fully meet specifications as follows: 1. Slightly underweight; 2. A small capacity loader bucket; 3. Slightly less lift capacity of the 4: 1 loader bucket; and 4. A 1'3" less maximum dig depth Although the difference in dig depth is not critical due to the City's possession of a large excavator, staff does not believe it would be equitable to award the bid for the Case 580 since the other bidders could also bid alternate machines that would not meet the published specifications. Staff recommends that Council award the bid to Bengal Equipment for the JCB 215. However, if Council wishes to award for a smaller machine, staff recommends that new specifications be issued and the item rebid. This is said with the knowledge that Bengal Equipment has a smaller machine (JCB 214) than the JCB 215, which is $6,000 less than the JCB 215. ALTERNATIVE FUEL: Due to its size, weight, and continuous all day operation, this vehicle is not appropriate for consideration of conversion to alternative fuel. FISCAL IMPACT: Sufficient funds are provided in the FY 94-95 equipment replacement budget for purchase of the tractor loader with backhoe. The total amount of the tractor including the 7% sales tax and the trade in allowance is $45,314.72. The total amount budgeted for the purchase is $71,228 resulting in a savings of $25,913.28. The existing tractor loader with backhoe has a current maintenance cost of $11,004 and operating cost of $886. We estimate the on-going maintenance cost will drop significantly over the first five years while the operating cost will remain the same. The savings will be reflected in equipment maintenance charges to Public Works Operations Streets Operations account 100-1440-5269. File: LY-013 IQ:sb ..,_...........,..._.db2 j;;K/I-~ m Contractors Equipment Company Construction, tndustrial, Utility & Agricultural Equipment FAX TRANSMISSION 691-7986 March 10, 1995 Dave Byer Deputy Director, Public Works Operations 276 Fourth Avenue Chu1a Vista, Ca. 91910 Dear Dave, S A Thank you for your time this morning. May I recap a couple L of concerns: E S . R E N T A L S . P A R T S . S E R V I C E 1. Replacement of the Case 680 should be with the larger class machines, Case 590 Super L, Cat 436, JCB 217 etc. 2. The Case 580 Super L meets 100 of the approx. 105 spec's. 3. EXCEEDS 19 of the spec's in PERFORMANCE areas. 4. Classification of Tractor loader Backhoes is by OVERALL PERFORMANCE, not just one spec. 5. Exceptions are of nominal consequence. 6. After Jack Dickens offered the Bid spec's to other venders and their changes were made, Jack should have offered me the same opportunity to review the new bid spec's and incorporated our changes into the bid package. This would have resolved the areas of dispute. I am sure this is an innocent oversight by Jack's lack of experience in preparing bid spec's. 7. No machine met all the spec's. 8. If the Cat and John Deere are acceptable machines then the Case 580 Super L is also in lieu of the fact that the Cat and John Deer take exceptions. Thank you for your consideration in this matter. I know you have the JCB schedule to go before the Council but I hope you will re onsider your award to Bengal Tractor. ~ , Kenneth L. Birch SAN DIEGO (619) 298-9846 11~7 ESCONDIDO OXNARD ANAHEIM RIVERSIDE IMPERIAL (619) 741-9272 (805) 983-3969 (714) 535-7731 (909) 682-6823 (619) 353-0190 RIVERSIDE/COLUMBIA CITY OF INDUSTRY QXNARD/LATIGO INDIO EL CAJON (909) 684-5645 (818) 968-9611 (805) 485-9494 (619) 342-3359 (619) 562-3841 SAN MARCOS (619) 743-7777 EI Contractors Equipment Company Construction, tndustrial, Utility & Agricultural Equipment FAX TRANSMISSION 585-5612 Mar-ch 10, 1995 Sid Morris Assistant City Manager 276 Fourth Avenue Chula Vista, Ca. 91910 Dear Mr. Morris: S A L E S Thank you for your time this mor-ning. May I recap a couple of concerns: 1. Replacement of the Case 680 should be with the larger class machines, Case 590 Super L, Cat 436, JCB 217 etc. . R E N T A L S 2. The Case 580 Super- L meets 100 of the approx. 105 spec's. 3. EXCEEDS 19 of the spec's in PERFORMANCE areas. 4. Classification of Tr-actor- loader Backhoes is by OVERALL PERFORMANCE, not just one spec. . P A R T S 5. Exceptions are of nominal consequence. . 6. After Jack Dickens offered the Bid spec's to other- venders and their- changes were made, Jack should have offered me the same oppor-tunity to review the new bid spec's and incor-porated our changes into the bid package. This would have resolved the ar-eas of dispute. I am sur-e this is an innocent oversight by Jack's lack of exper-ience in preparing bid spec's. S E R V I C E 7. No machine met all the spec's. 8. If the Cat and John Deere are acceptable machines then the Case 580 Super L is also in lieu of the fact that the Cat and John Deer take exceptions. Thank you for your- consider-at ion in this matter-. I know you have the JCB schedule to go befor-e the Council but I hope you will r-econsider your award to Bengal Tractor-. , t:/- ~ Kenneth L. Birch SAN DIEGO (619) 298-9846 SAN MARCOS (619) 743-7777 ESCONDIDO (619) 741-9272 //~/t) OXNARD ANAHEIM (805) 983-3969 (714) 535-7731 RIVERSIDE IMPERIAL (909) 682-6823 (619) 353-0190 RIVERSIDE/COLUMBIA CITY OF INDUSTRY QXNARD/LATIGO INDIO EL CAJON (909) 684-5645 (818) 968-9611 (805) 485-9494 (619) 342-3359 (619) 562-3841 B Contractors Equipment Company Construction, Industrial, Utility & Agricultural Equipment FAX TRANSMISSION 691-7986 February 28, 1995 TO: DAVE BYER, Deputy Director of Public Works Operations CITY OF CHULA VISTA S A L E S FROM: KENNETH L. BIRCH CONTRACTORS EQUIPMENT COMPANY RE: BID NO. 10-94/95 . ~ LISTED BELOW ARE THE SPECIFICATION REQUIREMENTS OF THIS BID N AND ON THE RIGHT HAND SIDE ARE THE SPEC'S FOR THE CASE 580 r SUPER L LOADER BACKHOE. L S BID SPECIFICATION CASE 580 SUPER L SPEC'S . FRAME WEIGHT DIMENSIONS WHEELBASE CLEARANCE One piece 17,000 LBS P A R T S 84" 12.5" . ENGINE TURBOCHARGED FOUR OR MORE CYLINDER SAE HORSEPOWER 79 231 LB-FT TORQUE @ 1400RPM AIR CLEANER/PRE-CLEANER MUFFLER-SPARK ARRESTING COOLING SYSTEM GOVERNOR ENGINE SIDE PANELS HAND & FOOT THROTTLES FUEL TANK-30 GALLONS FUEL/WATER SEPARATOR S E R V I C E Continued AS SPECIFIED * 16,894 LBS 84" 15" *** AS SPECIFIED SIX CYLINDER 80 HORSEPOWER 232 LB-FT TOR/1400rpm AS SPECIFIED AS SPECIFIED AS SPECIFIED AS SPECIFIED AS SPECIFIED AS SPECIFIED 31.4 GALLONS AS SPECIFIED *** *** *** J / ~I / SAN DIEGO ESCONDIDO OXNARD ANAHEIM RIVERSIDE IMPERIAL (619) 298-9846 (619) 741-9272 (805) 983-3969 (714) t.35-7731 (909) 682-6823 (619) 353-0190 SAN MARCOS RIVERSIDE/COLUMBIA CITY OF INDUSTRY OXNARD/LATIGO INDIO EL CAJON (619)743-7777 (909)684-5645 (818)968-9611 (805)485-9494 (619)342-3359 (619)562-3841 ELECTRICAL SYSTEM 12 VOLT ALTERNATOR 55 AMPS 685 CCA BATTERY HORN BACK UP ALARM FRONT & REAR WIPERS TWO HEADLIGHTS TWO TAIL LIGHTS TWO REAR FACING FLOODS TURN SIGNALS AND WARNING STROBE LIGHT STROBE ON/STROBE OFF STEERING POWER STEERING DEMAND DOUBLE ACTING CURB CLEARANCE 25'5" TRANSMISSION AND FINAL DRIVES 4 FORWARD 4 REVERSE SYNCRO-ON THE GO SHIFT TORQUE CONVERTER PS/MOD NEUTRAL DETENT DISCONNECT BUTTONS OUTBOARD PLANETARY DIFF LOCK OR TP BRAKES INDIVIDUAL/JOINT OPERATION HYD. WET DISC SELF ADJ/SELF EQUALIZING HYDRAULIC SYSTEM HYD. PUMP IN FRONT 36 GPM RATING 10 MICRON FILTRATION HEAVY DUTY OIL COOLER REGENERATION CIRCUITS HYD OIL SIGHT GAUGE INSTRUMENTS (GAUGE) FUEL ENGINE OIL ENGINE COOLANT BATTERY VOLTAGE TACHOMETER/HOURMETER WARNING LIGHTS (ALL) ALTERNATOR ENGINE OIL PRESSURE/ALARM BRAKE FLUID LEVEL HYDRAULIC FILTER AS SPECIFIED 65 AMPS AS SPECIFIED AS SPECIFIED AS SPECIFIED AS SPECIFIED TWO HALOGEN HEADLIGHTS TWO TAIL LIGHTS FOUR (4) REAR FLOOD TWO FRONT FLOOD LIGHTS TWO FRONT FLASHERS TURN TWO REAR FLASHERS TURN AS SPECIFIED AS SPECIFIED *** *** *** *** AS SPECIFIED AS SPECIFIED 24'8" WITH OUT BRAKES *** 21'2" WITH BRAKES *** AS SPECIFIED AS SPECIFIED AS SPECIFIED AS SPECIFIED AS SPECIFIED AS SPECIFIED DIFF LOCK AS SPECIFIED AS SPECIFIED AS SPECIFIED AS SPECIFIED 42 GPM 7 MICRON FILTRATION AS SPECIFIED AS SPECIFIED AS SPECIFIED *** *** AS SPECIFIED AS SPECIFIED AS SPECIFIED AS SPECIFIED AS SPECIFIED AS SPECIFIED AS SPECIFIED AS SPECIFIED SELF FILLING AS SPECIFIED Jl..-/~ *** AIR CLEANER AUDIBLE ALARM POWER SHUTTLE PARKING BRAKE ENGINE COOLANT TEMPERATURE LOADER BUCKET POSITIONER SELF-LEVELING AUTOMATIC 4:1 BUCKET 1.20 CU.YDS 3 SPOOL 2 LEVER DIG 4" BELOW GROUND BUCKET HINGE HEIGHT 11' BOLT ON CUTTING EDGE WIDTH EQUAL TO TRACTOR BREAKOUT FORCE 9,200 LBS LIFT CAPACITY 5,700 LBS BACKHOE HYDRAULIC EXT. DIPPER MIN. DIG DEPTH 15'6" MAX. DIG DEPTH 19'6" MIN. LOADING HEIGHT 11'5" DIPPER EXTENDED 14' BKT DIGGING FORCE 11,000 LBS DPR. MIN. FORCE 7,100 RE. DPR. MIN. FORCE 5,200 EXT. BUCKET 24" WITH TEETH QUICK ATTACH COMBINATION PADS 4 LEVER PATTERN BOOM SWING 180 DEGREES CAB AS SPECIFIED AS SPECIFIED AS SPECIFIED AS SPECIFIED AS SPECIFIED AS SPECIFIED AS SPECIFIED * 4:1 1.04 CU. YDS AS SPECIFIED 6.8" *** 11'2" *** AS SPECIFIED AS SPECIFIED 9,546 LBS GENERAL PURPOSE * 4:1 BKT 5,514 *** BKT 6,182 LBS AS SPECIFIED AS SPECIFIED * 18'3" AS SPECIFIED * 13'3" 13,126 LBS 7,784 LBS 5,635 LBS AS SPECIFIED AS SPECIFIED AS SPECIFIED AS SPECIFIED AS SPECIFIED 11'5" *** *** *** ALL WEATHER STATE OF CA. AS SPECIFIED APPROVED AS SPECIFIED INDUSTRIAL SAFE ROPS AS SPECIFIED CAB WI AIR CONDITIONING AS SPECIFIED HEATER AND DEFROSTER AS SPECIFIED 6" X 15" INTERIOR MIRROR AS SPECIFIED WI RIGHT AND LEFT MIRRORS AS SPECIFIED SUSPENSION SEAT, 3" BELT AS SPECIFIED TINTED WINDOWS AS SPECIFIED DOME LIGHT & FLOOR MAT AS SPECIFIED PAINT LIME YELLOW AS SPECIFIED ACCESSORIES REAR FENDERS AS SPECIFIED ANTI-VANDALISM PACKAGE AS SPECIFIED 3/8" TIE DOWN PADS AS SPECIFIED SMV SIGN AS SPECIFIED ))-) } 30" PAVEMENT REMOVE BKT AS SPECIFIED TRADE-IN 1986 680 LOADER BACKHOE $14,480.00 Included in your bid as acceptable unit is the Cat 426B and the John Deere 4l0D. Each of these machines takes exceptions in more critical areas than the Case 580 Super L. *** Denotes the areas in which the CASE 580 SUPER L EXCEEDS your required specification. These are the areas where you want your backhoe to be strong, reliable and durable. For example, reference the turning radius. This is a critical area for operators in the City. Case provides you with a more maneuverable Backhoe. In the area of the below the ground. an advantage. You loader in breaking loader Case has the ability to dig deeper The CASE loader breakout force is clearly can achieve maximum usage of the front end out concrete or other tough jobs. When it comes to backhoe brute force, look at the breakout forces the CASE 580 SUPER L HAS TO OFFER, WELL OVER THE SPEC. THE CASE 580 SUPER L IS IN A CLASS ALL ITS OWN. Hydraulic power is in the CASE 580 SUPER L. Case offers a 42GPM system being filtered at 7 MICRON, 3 micron better than the spec's. That is giving you more life in your backhoe hydraulic system. The Case 580 Super L varies from your spec in the following areas denoted by an *. These areas are not areas of great concern when it comes to PERFOMANCE. We do not feel that they are justifiable in keeping the CASE 580 SUPER L from being a ACCEPTABLE unit for this bid. Only 106 pounds off the total weight. A difference of only .16 cu. yd on the bucket yardage. You would never know the difference. Most operators don't use the full capacity especially in the clam shell operation. In this position you are picking up hard to grab materials and are not looking at capacity. On the Backhoe dig depth, the CASE 580 SUPER L is short only 9". Approximately one hand span. I suppose that could be critical if you had only one machine and all of your pipes were 19'6" deep. I do not know the depth of your pipes. Experience suggests this would be an exception. The CASE 580 SUPER L is short by 9" when it comes to backhoe loading height. As a rule most operators will not load at the most extended length of the boom because they loose so much of there loading capacity at the long distance. You can load /J~Jh/ much faster and have more pick-up capacity at a shorter 7 distance. Imagine if you held a shovel by the very end away from the spade nose and tried to pick up something, it would be extremely difficult versus holding the shovel closer to the spade nose end. You have better control and much more product ivity. It is my personal opinion and experience of 22 years of selling backhoes that the areas where the CASE 580 SUPER L does not meet the spec's are of no great consequence in the overall operation of a backhoe. However, the CASE 580 SUPER L does EXCEED the spec's in some very critical areas providing you with a backhoe that can match any work thrown at it. It is strong in hydraulic power and that is where you need performance. I hope we have provided you with some additional information that will help you understand why we feel the CASE 580 SUPER L meets your bid requirements. We simply followed Meldy's instructions and entered the information on the CASE 580 SUPER L in the bid. This would be the equivelant of entering the same information under the HEADING. "ALTERNATIVES LISTED BELOW" and submitting another bid. The bid spec's cover two machines that Contractors Equipment Company sells. We simply bid the CASE 580 SUPER L and the CASE 590 Super L. As you see both meet and exceed all of the important spec's. Please call if you have any questions. I want to make sure that all I have said is clear. You ~ Kenneth L. Birch ,/ j/-/J B Contractors Equipment Company Construction, Industrial, Utility & Agricultural Equipment January 13, 1995 City of Chu1a Vista Purchasing Dept. 315 Fourth Avenue, Suite "P" Chula Vista, Ca. 91910 S A L E S Dear City of Chula Vista: CONTRACTORS EQUIPMENT COMPANY appreciates the opportunity to participate with the City in the Bidding process to meet your equipment needs. . R E N T A L S CONTRACTORS EQUIPMENT COMPANY is bidding two units, a CASE 590 SUPER L and as an alternate, a CASE 580 SUPER L. The CASE 590 SUPER L meets and exceeds your specifications. The CASE 580 SUPER L exceeds your specifications in many areas, but generally meets all the required specifications with only a few variations which we have addressed in the section listed as ALTERNATE within the bid spec's. . P A R T S t he STANDARD WARRANTY on t he New CASE LOADER ONE full year on the COMPLETE unit with an TWO years on the POWER TRAIN and FIVE years on no additional charge to the customer. Of note is BACKHOES. additional BACKHOE at the . Listed below are a few additional FEATURES to consider: S E R V I C E 1. FIVE YEAR EXTENDED WARRANTY @ $1169.00 2. HORSEPOWER RATING OF CASE 590 SUPER L @ 86 NET HP 3. PERFORMANCE OF CASE 580 SUPER L @ 80 NET HP we~ou fo' th'. oppo,tun'ty ~u/-/~ Kenneth L. Birch to bid. //")6 SAN DIEGO ESCONDIDa OXNARD ANAHEIM RIVERSIDE IMPERIAL (619) 298-9846 (619) 741-927) (805) 983-3969 (714) 535-7731 (909) 682-6823 (619) 353-U190 SAN MARCOS RIVERSIDE/COLUMBIA CITY or: INDUSTRY QXNARD/LATIGO INDIO EL CAJON (619) 743-7777 (909) 684-5545 (818) 968-9611 (805) 485-9494 (619) 342-3359 (619)562-3841 Et Contractors Equipment Company Construction, tndustrial, Utility & Agricultural Equipment Thank you for the call. I have listed the weights for the CASE 580 Super L below. The basic weights are taken from the inside of the last page of the new brochure. The balance of the weights are taken from the price book and manufacture of the product. This is as close to the exact weight that anyone can be, including JCB or others. The final weight as your specification requests. FAX TRANSMISSION 691-7986 February 21, 1995 Matt Fuentes City of Chula Vista S A L E S Dear Matt: . R E N T A L S ITEM . P A R T S CASE 580 SUPER L CAB/AIR COND/HTR/DFR DELUXE SEAT COMBINATION PADS MULTI-PURPOSE 4:1 BUCKET 3" SEAT BELT EXTENDAHOE (LESS COUNTERWEIGHT) EXTENDAHOE COUNTERWEIGHT MIRRORS ROOF MTD STROBE LIGHT 3/8" TIE DOWNS 24" HEAVY DUTY BUCKET 30" PAVEMENT REMOVAL BUCKET SLOW MOVING VEHICLE EMBLEM . S E R V I C E WEIGHT 13,587 477 40 156 598 2 470 500 20 25 5 454 550 10 TOTAL WEIGHT AS PER REQUIRED SPECIFICATION IN BID DOCUMENT 16,894 LBS p~e;u. se call if you ~.~H 'Ken Birch . have any questions II") ? SAN DIEGO (819) 298-9846 SAN MARCOS (619) 743 7777 ESCONDIDO OXNARD ANAHEIM RIVERSIDE IMPERIAL (619) 741-9272 (805) 983-3969 (714) 535-7731 (909) 682-6823 (619) 3S3-Q190 RIVERSIDE/COLUMBIA CITY OF INDUSTRY OXNARD/LA TIGO INOIO EL CAJON (909) 684-5645 (818) 968-9611 (805) 485-9494 (619) 342-3359 (619)562-3841 ~. A~ Operator Environment The 580 Super L is the ~ Optional operator environments loader/backhoe of choice for: include a Raps canopy at 105" operator comfort, ease of (2.67 m) operating height and a 2-door . cab at lOT' (2.72 m) total heIght.' operation and control- from Th Raps . I d 11' . .... e canopymcu esanan - the panoramic visibility to the vandalism cover for the dash. specially designed suspension Cab options include heat, A/C or seat and easy access controls. both. Individual front and rear ducts provide forced, cross-flow ventilation for optimum operating comfort. The cab is pressurized and includes a filtering system to reduce dust levels. Five isolation mounts on the cab reduce noise and vibration. The cab is also insulated for maximum temperatiue and sound control. Cab noise levels are rated below 79 dB(A). Included with the cab is a defroster, front and rear windshield wipers, dome light, interior rear-view mirror, retractable seat belt and floor-mat for easy clean-out. Curved, tinted glass cab windows provide excellent visibility to the work site without distortion. The sloped engine hood enhances visibility to the front-end as well. The floor is totally unrestricted, without levers or shilters, for free movement within, or in-and-out of the operating environment. Foot pedals, including automotive-type accelerator, are suspended to prevent buildup of materials behind them. A hand- throttle is also included. Seat options include a contoured non-suspension seat with vinyl covering or a contoured deluxe suspension seat with vinyl or cloth covering. Built-in, molded cup and thermos holders keep beverages close at hand and reduce spills. A front console storage compartment and additional molded tool tray helps keep items organized. 4 Legroom between the seat and Raps post allows easy operator movement between the loader and backhoe controls. An audible alarm alerts the operator if the shuttle is engaged when the seat is swiveled. Driving and work lights are mounted at the roof line and fully protected from branches and other obstacles. Flood lights - (4) front and (4) rear. Custom designed controls enhance operator interaction for improved work cycles: A single-handle loader control operates all loader functions including the optional front-end auxiliary hydraulics. The loader control also incorporates a clutch cutout button to disengage the transmission for fast loading cycles. Electronically engaged controls for forward/reverse shuttling and optional4WD increase operating productivity. Both controls can be activated on-the-go without clutching. The forward/reverse power shuttle lever is mounted on the steering column for hands-on operation. This electronically-engaged transmission shuttle modulates very smoothly through directional changes. The transmission shilter is located on the front console and also incorporates a clutch cutout button to ease in shifting. Operator warning system monitors vital system functions and alerts the operator with an audible alarm and visual indicator if a problem occurs. The system also signals the operator if the parking brake is applied when the forward/reverse lever is engaged. Gauges and warning lights: Converter oil temperatiue - Engine coolant temperatiue - Fuel- Tachometer /hourmeter - Volbneter- Engine oil pressure - Hydraulic system filter - Alternator- Air cleaner - Parking brake *Equippedwith 19.5Lx24 rear tires }/',)/ ,. , '." "~. . .::-" ~, . t.' L -O' ..,~- , '{'i,j'i; 1t.", .. - ..... , "<",;"',,;,,.,,-- "':'~:::"'-'. ....~Engine ~.. The Case 4T-390 diesel engine ~ is designed specifically to ~ handle the power of ~ turbocharging, for superior: performance in heavy: equipmentappllcauons. : The turbocharged 4T-390 engine offers power on demand for outstanding performance in any environment. Torque reserve is designed specifically to handle peak power demands of both the hydraulics and driveline combined. State-of-the-art one- piece cast iron parent metal bore block eliminates cavitation erosion and coolant leaks in the cylinder bore for increased ring and piston life - fully skirted and ribbed for exceptional strength and durability. Large intake and exhaust ports provide free breathing of compressed air for more effective combustion. The camshaft is built to accommo- date the higher pressures of turbocharging. Integral design of the oil and coolant pumps incorporates components into the engine block to reduce heat buildup and wear with fewer parts for lower operating costs and maintenance. Integral oil pump and under-piston oil nozzles provide positive cylinder wall lubrication and cooling. Deep sump is rated to supply oil lubrication at angles up to 45'. Case backs the performance and durability of this outstanding engine with one of the best warranties in the industry. Model................................................ Case 4T-390 Cylinders............................................................. 4 Bore/Stroke .....................................4.02" x 4.72" (102 mm x 120 mm) Displacement................................. 239 in3 (3.92 L) Horsepower (turbo) Gross............................ 87 (65 kW) @ 2200 rpm Net............................... 80 (60 kW) @ 2200 rpm Maximum torque Gross................. 240 Ib-It (320 Nm) @ 1400 rpm Net .................... 2321b-1t (309 Nm) @ 1400 rpm II r;2) Whether you're roading or on ; the job working the loader, the 580 Super L offers you smooth, high performance operation either shifting on-the-go or shuttling back and forth. TIRE SIZE Rear .............. 17.5L x 24 19.5Lx 24 Front ........ 2WD 11Lx 16 4WD 12 x 16.5 ELECTRICAL Voltage ... 12 vo~s, negative ground Alternator .........................65 amp Battery .............. Maintenance-free 685 cold-cranking amps @O' F (-18' C) Driveline ~' Fully synchronized 4-speed forward/ reverse shuttle transmission with hydraulically actuated clutches and clutch disconnect button allows quick response to changing ground or road conditions. . Electronically activated low effort : forward/reverse shuttle shift produces smooth modulated directional changes and faster cycle times to improve productivity without declutching. Optional heavy-duty, 4WD : oscillating front axle with outboard : planetary drives provides added tractive effort for maximum loader push and rough terrain capability. Electronically engaged front wheel mechanical drive can be activated on-the-go with the flip of a : switch for added traction and : increased push power. On-the-go engagement of the mechanical rear differential lock for both 2WD and 4WD units provides maximum traction in slippery conditions. Continuous flow oil cooling helps prevent overheating for extended service life. Full flow replaceable 7-micron cartridge on the return line fillers the system. ,~ Single stage torque converter with 2.63-to-1 stall ratio reduces shock loads placed on powertrain components by automatically adjusting torque to handle heavy workload conditions at peak engine efficiency. Planetary transmission gears reduce gear loading in severe loader applications. Maintenance-free, self-adjusting, inboard mounted, wet disc brakes are hydraulically actuated. They can be operated individually for pivot turns, or simultaneously for normal braking. The automatic warning system alerts the operator if the parking brake is applied when the shuttle lever is engaged. Componentized powertrain makes servicing quick and easy for less downtime. Each component can be removed separately without disturbing the remaining parts. TRAVEL SPEEDS MPH (km/h) 1st 2nd Forward.......... 3.7 (6.0).... 6.7 (10.8) 3rd 4th ..12.9 (20.8).... 25.8 (41.6) Reverse.......... 4.5 (7.2).... 8.1 (13.0) .....15.5 (24.9).... 31.1 (50.0) Note: Engine at 2353 rpm. 19.5L x 24 rear lIres. Travel speeds will decrease With smaller 17 .5L x 24 rear tires. ) / /;21 7 ~ ...-Sackhoe The Case backhoe design offers you advanced, market leading performance and durability with an unprecedented level of control and speed to maximize productivity. ///)5 8 The exclusive, Case over-center backhoe design distributes the weight of the hoe toward the front of the tractor for improved overall stability to give you excellent roading characteristics. The over-center design reduces overall length and increases bucket clearance with a higher angle of departure for easy movement around restricted job sites. A 37 gpm (140 L/min) rated hydraulic system flow @ 3000 psi (20684 kPa) produces quick response for fast cycle times. The load-sensing priority swing circuit' provides a constant, smooth swing speed for outstanding multi- function control and increased digging productivity. Priority swing utilizes a pressure-sensing valve for efficient utilization of oil. Oil not required during swing (at slower swing speeds) flows to the other backhoe components for exceptional multi-function control. A powerful 194,000 lb-in swing torque (21 % increase over the "K" Series) makes it easy to swing heavy loads uphill or push dirt when backfilling trenches. *Patent applied for. Open-center hydraulics provide precision control and allows the operator the sensitivity to feel with the backhoe. Cast ductile iron swing tower, boom and dipper provide maximum strength and durability. Ductile iron provides smooth stress flows throughout the length of the component. The boom and cast dipperstick carry as-year limited warranty. Boom, dipperstick and bucket each use a single cylinder for improved visibility to the trench - the widest point is 11" (279 mm). Hoses are routed on top of the dipperstick to prevent being crushed between the trench and dipper. They can be easily reached for maintenance or repair. Optional auxiliary hydraulics are operated with a foot pedal with flow control to regulate the attachment. A 9'S" (2.87 m) wide stabilizer operating stance and front-end loader rollover bucket capability securely stabilize the machine during backhoe digging operations, especially when swinging to the side. I Case buckets and the quick coupler are designed to give you a full range of working positions for improved productivity in straight wall trenching, spoil retention when loading trucks, and maximum breakout force, Standard, quick coupler enables fast, easy bucket or attachment changes by simply removing one pin and rolling out the bucket. Optional stabilizer pads include a cleated dirt pad, a flat cemetery pad with heavy-duty rubber, or a combination flip-over, Optional hydraulically telescoping Extendahoe" dipperstick lets you dig deeper and reach further to unload, Can be used in its retracted position of 14'8" (4,5 m) or at any point up to its full extension of 18'2" (5.54 m), The Extendahoe dippers tick offers the ability to dig straight down - a real advantage in street repair because it reduces tearing up large sections of pavement. The extra reach makes it easier to unload into trucks with high sideboards, reach over obstacles like walls, or to place spoil further away from the sides of a trench, 1t also reduces the number of times a machine must be repositioned, A 500 lb, front counterweight is standard with the Extendahoe, BACKHOE BUCKET SIZES AND WEIGHTS Weight SAE Rated Capacity 12" (305 mm) Heavy-duty universal trenching""""""", """"""" 3111b (141 kg)""""", 2,90 ft3 (0,08 m3) 16" (406 mm) Heavy-duty universal trenching""""""""""""""" 3461b (157 kg)""""", 3,60 ft3 (0,10 m3) 18" (457 mm) Heavy-duty universal trenching""""""""""""""" 359 lb (163 kg)""""", 4,30 ft3 (0,12 m3) 24" (610 mm) Heavy-duty universal trenching""""""""""""""" 429 Ib (195 kg)""""", 6.40 ft3 (0,18 m3) 30" (762 mm) Heavy-duty universal trenching""""""""""""""" 4961b (225 kg)""""", 8,65 ft3 (0,24 m3) 36" (914 mm) Heavy-duty universal trenching""""""""""""""" 5711b (259 kg)"""", 10,80 ft3 (0,31 m3) 24" (610 mm) Heavy-duty high capacity trenchin9,,"""""""""'" 430 Ib (195 kg)""""", 8,50 ft3 (0,24 m3) 30" (762 mm) Heavy-duty high capacity trenching""""""""""", 447 Ib (203 kg)""""", 10,6 ft3 (0,30 m3) 1- II/lit 9 ~ ,.- Dig Depth '" a: w I;; ::; o 0 22 20 18 16 14 12 10 8 6 4 2 , , , . , , , 2 :I: l- ff; 3 10 c 4 5 7 6 5 4 3 2 REACH II Extendahoe@ o o 2 , 4 6 FEET METERS Standard Backhoe Operational Data ~. .~. Standard Backhoe Extendahoe" Retracted Extended Digging depth (SAE J49) 24" (610 mm) flat bottom Maximum.......,...... . Overall reach from Rear axle centerline Swing pivot............. Loading heigh!.............. Loading reach .............. Swing arc ........ Bucket rotation #1 position... #2 position... Stabilizer spread, SAE Operating position.............. Transport position............... Digging force, bucket cylinder Universal heavy-duty bucket w/coupler . Digging force Dipper cylinder ....................... ............... Leveling angle (maximum slope that backhoe will make vertical cut) .................. .............................. 14'3" (4.35 m) ........ 14'5" (4.39 m).. ...........14'8" (4.47 m) ..... 14'10" (4.52 m) .. 18'2" (5.54 m) .........18'3" (5.56 m) ....21'8" (6.60 m) ...18'0" (5.49 m). .................11'2"(3.40m)............... ................... 8'9" (2.67 m) ................ ................. 180'.. ...... 22'0" (6.71 m). .25'5" (7.75 m) .. 18'4" (5.59 m). ...... 21'10" (6.65 m) .. 11'5" (3.48 m) .................. 13'3" (4.04 m) ...8'8" (2.64 m) .................. 11'5" (3.50 m) .. 180'. ............... ........ 180' ..180' .. 160' 180'.. .....160'.. 180' ...160' 9'5" (2.87 m) 7'2" (2.18 m) ............ 9'5" (2.87 m). .................. 9'5"'(2.87 m) ............ 7'2" (2.18 m). .................. 7'2" (2.18 m) .. 13,126 Ibf(58390 N)........ 13,126Ibf(58390N)........13,126Ibf( 390N) ...8,224 Ibf (36 580 N).......... 7,7841bf (34630 N) .......... 5,6351bf ( 070N) ......."............ 120 ................................... 120..,..."..................... ...... 120 10 jl-'J.? r- Lift Capacities ~' .~ ( 18 16 5 r- 14 4 12 10 3 r- 8 6 2 r- 4 2 0 0 2 4 r- 6 2 8 10 3 r ! 12 4 I r- Extendahoe · Retracted Extended Height Above & Below Ground Level Standard Backhoe Boom Lift + 16' (+4.88 m) ............. ...... NA .............. ... NA . ........ 1,290 Ib (585 k9) +14' (+4.27 m) ........... 2,3951b (1086 k9) ........ 1,9941b (904 k9)... ....... 1,6031b (727 k9) +12' (+3.66 m).. ......... 2,830 Ib (1284 kg) ...... 2,3691b (1075 kg)... ....... 1,7331b (786 kg) + 10' (+3.05 m)... ........ 2,8991b (1315 kg) ...... 2,551 Ib (1157 kg)... ....... 1,812 Ib (822 kg) + 8' (+2.44 m) ........... 2,8641b (1299 kg) ...... 2,560 Ib (1161 kg)... ....... 1,842 Ib (836 kg) + 6' (+ 1.83 m) ...........2,830!b (1284 kg) ...... 2,5431b (1153 kg)............ 1 ,8471b (838 kg) Ground Level............ 2,699!b (1224 kg) ... 2,4211b (1098 kg)........... 1 ,8421b (836 kg) - 6' ( -1.83 m) ........... 2,525 Ib (1145 kg) ...... 2,2991b (1043 kg)........... 1 ,7861b (810 kg) - 8' ( -2.44 m) ............ 2,534 Ib (1149 kg) ...... 2,303 Ib (1045 kg)........... 1,794 Ib (814 kg) -10' (-3.05 m) ............ 2,7431b (1244 kg) ....... 2,4121b (1094 kg........... 1 ,8471b (838 kg) -12' (-3.66 m)....... ............... NA.. .............. ............ NA .......... 2,0071b (910 kg) r Dipper Lift + 12' (+3.66 m) ...........4,760 Ib (2159 kg) .4,250 Ib (1928 kg)......... 2,750 Ib (1247 kg) +10' (+3.05 m)... ........ 4,440 Ib (2014 kg)... ..3,990 Ib (1810 kg)......... 2,670 Ib (1211 kg) + 8' (+2.44 m)............ 4,540 Ib (2059 kg) ...... 4,070 Ib (1846 kg)......... 2,700 Ib (1225 kg) + 6' (+ 1.83 m)............ 5,150 Ib (2336 kg).. .... 4,550 Ib (2064 kg)......... 2,850 Ib (1293 kg) r- 1. Lift capacity figures on these charts per SAE Definition J31 and J49. 2. Figures stated apply straight to the rear of prime mover. .--/ 3. Equipped with 24" (610 mm) standard-duty trenching bucket and links. For heavy-duty / I ,J 0 universal bucket and coupler, deduct 150 Ib (68 kg). 11 ~ ... ; 't' ... , , . ,: " ._-_....:...._-_._--~ LOADER BUCKET SIZES AN[ ~~'I f-' T(~ General Purpose (Long Lip) 4-in-101 Width 82" (208 m) 82" (2,08 m) '} , ~ ," f , " , " . ~ ~ I I ~' ,.1: I, I' , Ii! 'II I: I ! ! , . (< ... "'1 ' 1 'I' II ) 1 :Y .Jil) "1'') " ,.'.... i . .-1 Loader~' ~ The more you depend on the front end of your loader/backhoe to perform a variety of tasks, the more you need a front-end loader designed to give you maximum performance - nobody offers you more in a loader than Case. Dual parallel dump cylinders and reverse linkage provide superior breakout force and faster dump time. Reverse linkage allows loader bucket rollover for dozing and added stability in backhoe applications. When the bucket is in the rollover position, cylinder rods are retracted for protection against the twisting forces of dozing with the loader and digging with the backhoe. The in-line cylinder design provides exceptional visibility to the bucket for grading and truck loading. New arch design of the loader arms increases lift and breakout forces, and permits tight turning angles for excellent maneuverability around jobsites. Optional front-end hydraulics with 3-axis, single-lever loader control operates all loader functions including the auxiliary tool. Clutch disconnect button on the loader control lever disengages the transmission for fast loading cycles. Return-to-dig feature and forward/reverse shuttle shift shortens overall cycle time for maximum productivity in loader applications. Loader arms and dual dump links support the bucket with 4-point mounting to resist twisting forces when corner loading - also allows materials such as pipe or plywood to be carried across the dump links. Excellent dump height and reach make loading into trucks easy and efficient. A heavy-duty all steel front grille and thick, replaceable bumper guards on the nose cone minimize the chance for front-end damage when approaching trucks to dump. Automatic self-leveling of the bucket throughout the hoist cycle reduces spillback and maintains control of the load. 11- J 0 13 ~ "~Hydraulics Case has spent years : Cast iron tandem gear 27.5 gpm perfecting the open-center (104 L/min) and 9.5 gpm (36 L/min) hydraulic system through pumps provide positive flow to each generations of machine design, circuit The 27.5 gpm pump supplies The result is a smooth fast hydrauhc 011 to the loader. Durmg , backhoe operation, the 9.5 gpm response to control movement . 't b' .th th 275 , , .. cmU! com mes WI e, gpm and the ab1l1ty to feel objects In circuit to provide a total flow of precise dlggmg operations, 37 gpm (140 L/ min) to the backhoe for fast response time during multi- control functions and improved overall backhoe cycle time, Backhoe priority swing circuit improves multi-function control for smooth swing cycles. Control valves are designed and manufactured by Case specifically for the 580 Super L for precision multi-function control, and for lifting heavy loads, Anti-cavitation valves in the loader and backhoe dipper circuit generate fast response with no delays, Heavy-duty oil cooler and large hydraulic capacity provide excellent cooling capabilities, Easy-access hydraulic oil cooler mounted in front of the engine radiator makes cleaning the coils effortless, Variable flow auxiliary hydraulic systems for the backhoe, loader and hand-held attachments are optionaL Backhoe auxiliary hydraulics are controlled with a foot pedal to regulate the attacfunent Auxiliary loader hydraulics are controlled with the same lever as the loader lift and tilt Optional hand-held auxiliary : hydraulic valves are located under : the right-hand cab step for quick : coupling of attacfunents. J)/J/ 14 LOADER HYDRAULIC PUMP CAPACITY: 27.5 gpm @ 2200 rpm @3000 psi (104 Umin @ 2200 r/min @ 20 684 kPa) 32 gpm @ 2350 rpm @ 100 psi (121 Umin @ 2350 r/min @ 690 kPa) Control valve main relief pressure: 3000 + 100 - 0 psi (20 684 + 690 - 0 kPa) LOADER CONTROL VALVE: 2 or 3-spool sectional valve with single lever control for lift, tilt and auxiliary hydraulics. Positive hold "float" position and "return-to-dig" feature, BACKHOE HYDRAULIC PUMP CAPACITY: 37 gpm @ 2200 rpm @ 3000 psi (140 Umin @ 2200 r/min @ 20 684 kPa) 42 gpm @ 2350 rpm @ 100 psi (159 Umin @ 2350 r/min @ 690 kPa) Control valve main relief pressure: 3000 + 100 - 0 psi (20 684 + 690 - 0 kPa) BACKHOE CONTROL VALVE: 6 or 7 -spool, sectional, open-center, parallel circuits with regeneration for boom, dipperstick, bucket, swing, two stabilizers and Extendahoe dipperstick. Load-sensing priority for swing and Extendahoe circuits. FILTRATION: 7 -micron, full fiow replaceable cartridge on return line. Condition indicator light for filter. Steering ~' Hydrostatic power steering utilizes on-demand priority flow from the main hydraulic 27.5 gpm (104 L/min) pump. One double-acting steering cylinder with a stop-to-stop turning ratio of 2.75 turns. Steering cylinder is located behind the front axle and above the axle pivot for protection against possible damage. Arch design of the loader arms permits tight angles for excellent manuverability. ,~ CURB CLEARANCE CIRCLE: 2WD w/19.5L rear tires w/o brakes .......24'8" (7.52 m) w/brakes ..........21 '2" (6.48 m) 4WD w/19.5L rear tires, w/axle disengaged w/o brakes....... 25'2" (7.70 m) w/brakes........ 21'10" (6.70 m) FRONT AXLE OSCILLATION: 2WD and 4WD ............. 22' total (11' each side) CYLINDERS All cylinders are designed and manufactured by Case, the second largest producer of hydraulic cylinders in North America. Cylinders Diameter Stroke Rod Loader Lift (2). ...................... .......3.25" (83 mm).......... 30.2" (766 mm) .. 1.75" (44 mm) Tilt (2)......................... 3" (76 mm).......... 20.6" (523 mm)............. 1.5" (38 mm) Clam (2) .................................. 3" (76 mm)............... 9" (229 mm)........... 1.75" (44 mm) Backhoe Stabilizers (2) ...................4.25" (108 mm) .......... 21.8" (554 mm)................ 2" (51 mm) Swing (2)............................... 4" (102 mm).......... 11.5" (292 mm)................ 2" (51 mm) Boom (1) .............................5" (127 mm) .......... 33.2" (843 mm)........... 2.25" (57 mm) Dipperstick (1) ..................... 5" (127 mm) .............23" (584 mm)............. 2.5" (64 mm) Bucket (1)............................. 3.5" (89 mm) ..........34.3" (871 mm)............. 2.5" (64 mm) Dipperstick ex!. (1) .................. 3" (76 mm) ........... 42" (1067 mm)........... 1.75" (44 mm) Steering 2WD ................................. 2.75" (70 mm)............ 6.7" (170 mm)............. 1 5" (38 mm) 4WD .................................... 2.6" (66 mm)............ 8.6" (218 mm)............. 1 6" (42 mm) JJ'JJ- 15 ~ ~ Serviceability Ground line servicing and the ~ Case exclusive tilt-up hood ~ make daily maintenance ~ fast and easy for ~ minimum downtime. ~ Easy opening tilt hood allows quick access to the engine for service and maintenance - can be opened from either side of the unit. The heavy-duty tilt hood assembly has cylinder assist for low lift effort. Heavy-duty, all steel grille is separate from the hood for easy access to the radiator and hydraulic cooler. Pre-cleaner and exhaust are separate from the hood. Groundline fuel and hydraulic tank access makes servicing easy. Thick, rubber bumpers mounted directly to the radiator wrapper and grille nose cone protect the hood and maintain alignment of the hood and side panels. Bumpers are easily replaced. Bumpers, grille, radiator wrapper, hood and side panels are attached to the tractor frame. Hood and side panels pivot off the lower front comer for easy hood adjustment. ~. ..'- Service Capacities Fuel tank................................................... 31.4 gal (119.0 L) HydrauliC reservoir .................................... 13.9 gal (52.6 L) Total hydraulic system ........................ 33.0 gal (125.0 L) Transmission 2WD Total system................................ 19.5 qt 2WD Refill wlo filter ............................. 16.9 qt 4WD Total system................................ 22.0 qt 4WD Refill wlo filter ............................. 19.5 qt 4WD front axle differential............................. 5.8 qt Planetaries (each) ................................ 0.74 qt Rear axle differential................................... 15.3 qt Planetaries (each) ..... ......................... 1.6 qt Engine oil wlfilter ................ .... 11.6 qt Cooling system w/heater .......... wlo heater ....... (18.5 L) (16.0 L) (21.0 L) (18.5 L) (5.5 L) (0.7 L) (14.5 L) (1.5 L) (11.0 L) .... 17.4 qt (16.5 L) ....16.7qt (15.8L) ) J-]) 16 Backhoe Dimensions ~' A~ '\1-- , II II ~ // ~""oi '~~t7 '-4\ , \' , I' , I' , " \~\ ,h , o 1 i8,,,,, (2.72 m) E _/ _., ~(c:,:.-:::... __ L~--'-<"- -- _ __ .- - -:;... .P(t - - ':::::. '::::. _ "_- ,-;,\:: - / - ..... .:tol?'-~-';: - - - /' - - -=::. f -== f ,0:;'<-,. _ - 15" - ;;-_---J.,:f.~ - - 1381 mm) t 20' A .1 I: c . B . Standard Backhoe Extendahoe@ Retracted Extended A - Overall length - transport General purpose bucke!................. 22'6" (6.86 m) ..................... 22'7" (6.88 m) ........................ NA 4-in-1 bucket .............................. .. 22'5" (6.83 m) ..................... 22'6" (6.86 m)......................... NA Overall reach from - B- Rear axle centerline..................... .. 21 '8" (6.60 m) ..................... 22'0" (6.71 m}....... 25'5" (7.75 m) C- Swing pivot.................................... 18'0" (5.49 m) .....................18'4" (5.59 m)..... 21'10" (6.65 m) D- Overall height, maximum....................... 19'2" (5.84 m) ..................... 19'6" (5.94 m)..... 22'10" (6.97 m) E- Transport height ................................. 10'10" (3.30 m) .....................11'3" (3.43 m)......................... NA Overall width -transport......................... 7'2" (2.18 m) ....................... 7'2" (2.18 m)......... 7'2" (2.18 m) Angle of departure ................................................. 20'....................................... 20' ........................ 20' Height - To top of canopy.............................. 8'9" (2.67 m) ....................... 8'9" (2.67 m)......................... NA To top of cab ................................. 8'11" (2.72 m) ..................... 8'11" (2.72 m)......................... NA To top of exhaust stack.................... 8'8" (2.64 m) ....................... 8'8" (2.64 m)......................... NA Ground clearance at backhoe frame................................ 15" (381 mm) ...................... 15" (381 mm)......................... NA Front wheel tread - 2WD .............................................. 67.5" (1.71 m) ..................... 67.5" (1.71 m)......................... NA 4WD.................................... 68.8" (1.75 m).................. 68.8" (1.75 m)......................... NA Rear wheel tread................................... 61.2" (1.55 m) ..................... 61.2" (1.55 m)......................... NA Wheelbase - 2WD ................................................. 84" (2.13 m) ........................ 84" (2.13 m)......................... NA 4WD ..................................... 84.5" (2.15 m) ..................... 84.5" (2.15 m)......................... NA Note: Specifications taken with 11 L x 16 front tires (except that data marked 4WD IS taken with 12 x 16.5 front tires), 19.5L x 24 rear tires, ROPS cab, 14' (4.27 m) backhoe with 24" (610 mm) heavy-duty trenching bucket, loader with 82" (2.08 m) general purpose bucket and standard equipment unless otherwise specified. //<J( 17 ~ .~Loader Dimensions ~ f,_-:;IJ ,.:::-- j ,,\ I'- L .-:...- .-?:::.,.. ..., ..... - .- ;:;/, 1..- / / / I' " t ......... '.V.I \ ~<~"? ./ '" I, ..... ")....>?)./ '.I..J C // / / <,I '" ~ /?7 I" III ... F---' / ) )11'2" (3.40m) j j A General Purpose 4-in-1'" Bucket 82" (2.08 m) 82" (2.08 m) A- Overall operating height .......................................................13'11" (4.24 m) ................... 14'3" (4.35 m) B- Bucket rollback@ groundline.................................................................. 40' .....................................400 C- Dump angle @full height ........................................................................ 45' ..................................... 450 D- Digging depth below grade - Bucket flat ................................................................... 5.9" (149 mm) ...................6.8" (172 mm) Clam open (dozing).......................................................................... NA .................. 4.4" (111 mm) E- Dump clearance @ full height, 45' dump- BuckeL........................................................................ 8'10" (2.69 m) ...................8'11" (2.71 m) Clam open....................................................................................... NA .................... 9'7" (2.93 m) F- Dump reach @ full height, 450 dump - Bucket.......................................................................... 27.7" (703 mm) ............... 25.5" (647 mm) Clam open....................................................................................... NA ................. 11.9" (302 mm) G- Reach from front axle centerline, bucket on ground ...........................................................75.2" (1.91 m) ...................72.7" (1.85 m) Lift capacity to full height ................................................. 6, 1821b (2804 kg) ............ 5,5141b (2500 kg) Height to bucket hinge pin raised .......................................... 11 '2" (3.40 m) ................... 11'2" (3.40 m) Breakout force (dump cylinders).................................... 9,300 Ibf (41 366 N) ........... 95461bf (42460 N) Bucket cutting edge width........................................................ 82" (2.08 m) ...................... 82" (2.08 m) Maximum grading angle ....................................................................... 1160................................... 116' Maximum clam opening ......................................................................... NA .................38.3" (972 mm) Moldboard height................................................................................... NA ................. 36.8" (934 mm) Raising time to full height................................................................ 5.34 sec ............................. 5.34 sec Bucket dumping time ..................................................................... 1.06 sec ............................. 1.06 sec Lowering time, power down ........................................................... 2.44 sec ............................ 2.44 sec Lowering time, return-to-dig ........................................................... 3.17 sec ............................ 3.17 sec ))- J~ 18 ~ , Operating Weight ~ ...- r Base Unit: 2WD, loader, 82" (2.08 m) standard loader bucket, backhoe, standard dipperstick, 24" (610 mm) heavy-duty trenching bucket, ROPS canopy, 11 L x 16 front tires, 19.5L x 24 rear tires, full fuel tank and 175 Ib (79 kg) r operator .............................................................................................................................13,587Ib (6163 kg) Add: 4WD........................................................................................................................... ............ 424 Ib (192 kg) Cab ........ ............... ................... ................ ........ ......................... ........ ........... ...... ............ 477 Ib (216 kg) 4-in-1 bucket.......................................................................................................................... 5981b (271 kg) Extendahoe (less counterweight) ............................................................................................ 470 Ib (213 kg) Extendahoe counterweight .................. ..................................................................... .............500 Ib (227 kg) Jj']b 8 San Diego 619/298-9846 800-654-3495 loaders - Backhoes ~ ....... Skiploader Case 480FLL 2WD & 4WD Massey-Ferguson 50E 2WD Ford 545 4WD ... ~ Front End Loader Case, Komatsu Wheel, articulated 2 cu.yd - 5 cu.yd Backhoe Case 580SK Extendahoe 18'3" depth Case 590 Extendahoe 19'6" depth One bucket comes with backhoe. Buckets - 12", 18",24", 30", 36", 4N1 Backhoe compaction wheel Breaker Tamper toot 5kidsteer Loader Capacity 1818,18HP 1100lb 1825,25 HP 1600lb 1838,46 HP 2600lb 1840, 50 HP 2630 Ib 1845,56 HP 31351b Attachments Auger Grapple Backhoe Pallet Forks Breaker CraWler loaders - Dozers 855 550 850 1150 1-3/8 yd loader Hyd angle tilt Hyd angle tilt Hyd angle lilt Excavators 9010 19'7" Depth 87 HP 9020 20' Depth 103 HP 9030 21'8" Depth 130 HP 9040 23' Depth 166 HP 9050 24'3" Depth 217 HP 9060 27'6" Depth 276 H P 1/2 cu.yd - 3 cu.yd buckets Extra bucket(s) at additional charge. ~ 35"W 70"H 44"W 70"H @ 110.5" pin @ 110.5" pin @ 116.75" pin iiL 82 HP 67 HP 89HP 113HP .c1 26,000 Ib 34,000 Ib 43,500 Ib 53,000 Ib 68,000 Ib 96,600 Ib Escondido 619/741-9272 800-624-9178 CompacUon Equipment ~ Tamper Mikasa - MTR 80 tamper Mikasa - MTR 120 tamper Bomag - BT58 Bomag - BT68 Vibrating Plate Bomag - BPR15/45W Walk Behind-Dbl Drum Vibrating Bomag BW35 18" drum (pad foot) Bomag 55E 22" drum (smooth) Bomag BW60 24" drum (smooth) Bomag BW75AD 30" drum (smooth) Bomag BW85T 33" drum (pad foot) Rammax 140424 24" drum (pad foot)* Rammax 140433 33" drum (pad foot)* ....remotes available Ride On - Dbl Drum Vibrating Roller Bomag BW90AD 1-3 ton 35" drum Vibromax 252 3-5 ton 39" drum Ride On - 5g1 Smooth Drum, Rubber Tire Drive, Vibrating Roller Duo-Pact SDR1400 4-6 ton 54" drum Duo-Pact SDR1500 6-8 ton 60" drum Vibromax 602B 7-15 ton 69" drum Vibromax 1102 12-19 ton 84" drum Bomag BW213D 25 ton 84" drum Ride On - 5g1 Pad Foot Drum, Rubber Tire Drive, Vibrating Roller Duo-Pact SDR1400P 4-6 ton 54" drum Duo-Pact SDR1500P 5-8 ton 60" drum Vibromax 602BP 7-15 ton 69" drum Vibromax 1102P 12-19 ton 84" drum Portable Saws ~ Radial arm, trailer mtd 3 or 5 HP Beam saw, hand held 15" or 16" One blade furnished with each saw Extra blades - 15",16",18" or 20" Resharpening charge on aU blades 12" cut off saw, 2 cycle Blades must be purchased separately EI Cajon 619/562-3841 / / / J j San Marcos 619/743-7777 Imperial 619/353-0190 800-421-5784 Hvd. Breakers - Shakers <<' ~ 'fIIIC7 MB 250 breaker 300 tl.lbs. MB 350 breaker 500 ft.lbs. MB 550 breaker 750 ft.lbs. MB 675 breaker 850 ftlbs. MB 1950 breaker 2000 ft.lbs. MB 2950 breaker 3000 ft.lbs. MB 3950 breaker 5000 tl.lbs. MB 5950 breaker 9000 tl.lbs. HS 3000 shaker & HS 6000 shaker ::'".~~.~..... ~ 4000 Watt Light tower, diesel with 8KW generator 500 Watt Light stand 100' Light string with (10) 75 Watt lights Electrical tools Rotohammer & bit Concrete vibrator, 11 OV or Hi-cycle Electric grinder Diesel blower, 10" 8" vent blower, 11 OV, with 25' ducting Ducting - 8" x 25' Fan - 24" or 30" Cop pus-type axial fans Air horn Welding Machines f1j- 200 amp trailer mtd, gas; bare 225 amp trailer mtd, diesel; bare 350 amp trailer mtd, diesel; bare 49 HP 400 amp trailer mtd diesel; bare 50 ftWelding lead Industrial Air Compressors Sullair 5-600 HP and 18-3100 CFM Dryers & Filters, Receiving Tanks Vacuum Systems Miscellaneous Accessories Pallet jack 550 gal. tuel tank with pump Storage trailer Indio 619/342-3359 RENTALS +SALES +SERVICE + PARTS ...- ~- .".....,..-0' Pumps IitI8Lt- .!Ir Compressors & Accessories ~ir Compressor - Portable/Skid 165 CFM 110 PSI Diesel (49 HP) 1185 CFM 110 PSI Diesel 375 CFM 110 PSI Diesel 600 CFM 110 PSI Diesel 1750 CFM 110 PSI Diesel 750 CFM 300 PSI Diesel 900 CFM 150 PSI Diesel 900 CFM 350 PSI Diesel 11050 CFM' 110 PSI Diesel ~ 300 CFM 150 PSI Diesel 1600 CFM 110 PSI Diesel lcompressor Packages 165/185 CFM Compressor Package #1 1 (1) Compressor, 100 ft. air hose (1) Air tool and (4) bits 165/185 CFM Compressor Package #2 1 (1) Compressor, 200 ft. air hose (2) Air tools and (8) bits !pneumatic Tools .130 Ib, 60 Ib, 90 lb. Paving breaker :hipping hammer Rivet Buster/Boyer lBackfill tamper (powder puff) A.irgrinder A.ir drill, 3/4" motor 1 Air vibrator, 2" or 3" .!pneumatic 1/2" impact Pneumatic 3/4" impact !pneumatic 1" impact "!pneumatic 11/4" impact Jackhammer & Scabbier Ig' Ib, 30 Ib, 40 Ib, 50 Ib Rock drill -\tand type - 3 head scabbier Wall type - 3 head scabbier jFloor type - 5 head scabbier Hose j50 ft. air hose x 3/4" 50 ft. bull hose x 11/i', 2", or 3" 4" x 25 ft. bull hose jAfterCOOler & Filter 550 CFM Filter dryer - 832 Filenco filter 770 CFM Aftercooler - portable, air J driven with trap. 900 CFM Elec aftercooler - (2) 3/4HP fans, 220V/1 ph/60Hz J1100 CFM Moisture trap/filter dryer - (2) 832 Filenco filters wltank );~Y{l 1300 CFM Aftercooler - portable, air driven with trap. 1600 CFM Aftercooler/filter - skid mtd, air driven w/trap, 2-stg filtration to .01 micron 1800 CFM Aftercooler - portable, air driven with trap. Ale Generators - _ Portable & Trailer ~ Mounted 3 'r<MI 11 0-220V/1 ph Gas 3 'r<MI Hi-cycle Gas 5'r<M1 110-220V/3 ph Diesel 10'r<MI 110-220V/3 ph Diesel 15 'r<MI 110-220V/3 ph Diesel 20 'r<MI 110-220V/3 ph Diesel 25 'r<MI 110-220V/3 ph Diesel 30 'r<MI 110-220-440V/3 ph Diesel 40'r<MI 110-220-440V/3 ph Diesel 45 'r<MI 110-220-440V/3 ph Diesel 50 'r<MI 110-220-440V/3 ph Diesel 60 'r<MI 110-220-440V/3 ph Diesel 70 'r<MI 110-220-440V/3 ph Diesel 75 'r<MI 110-220-440V/3 ph Diesel 80 'r<MI 110-220-440V/3 ph Diesel 100 'r<MI 110-220-440V/3 ph Diesel 125'r<M1 110-220-440V/3 ph Diesel 150 'r<MI 110-220-440V/3 ph Diesel 200 'r<MI 110-220-440V/3 ph Diesel 250 'r<MI 110-220-440V/3 ph Diesel 360 'r<MI 110-220-440V/3 ph Diesel Rates based on 8 hr day/40 hr wk/160 hr month Transformers: 20 'r<MI, 45 'r<MI, 70 'r<MI Power Supply Cord 12-3100 ft. 20 amp 10-3100 ft. 30 amp 10-4 100 ft. 3 phase 12-4100 ft. 180 cycle 6-4 100 ft. 440Volt 2-4 25 ft. 3 phase Tempower 6-4 1 00 ft. 50 amp 6-4 Short 50 amp 6-4 Pigtail 50 amp, 440V/30 amp 6-4 "Y" 50 amp 1/0 Cord 25 ft. 100 amp Boxes: Tempower, GFI, 3ph, 440V, & Booster available @ 50 amp Electrical Submersible Pump 1.5-2" 110V 1/3,1/2, 1HP 2" 110-220V/1ph 2HP 2" 220-440V/3ph 2HP 3" 220V/1 ph, 220-440V/3ph 5-6HP 4" 220-440V/3ph 10HP 4" 440V/3ph, Trash 20HP 6" 440V/3ph 35HP For 440V or automatic/float switch Gasoline or Diesel Driven Pump 11/2 or 2"Centrifugal, trash Gas 3" Centrifugal or diaphram Gas 4" Centrifugal, trash or diaphram Diesel 6" Centrifugal, trash Diesel 10" Centrifugal, trash Diesel 12" or 16" pump with tractor Air Driven Pump 2" double Diaphragm (Sandpiper) 3" double Diaphragm 3" Centrifugal (CP-20) 3" CP-71 E (positive displacement) Specialty Pump Hydrostatic Test Pump Fire Pump 21/i'x 21/2" Berkeley 4"x3" 80GPM @ 80psI 450GPM @ 64psI 4" Jet Pump (Diesel) G-R 04B2 4"x4" G-R 73A 4"x4" G-R 54J 4"x4" 500GPM @ 200psI 450GPM @ 250psI 700GPM @ 150psI 6" Jet Pump (Diesel) G-R 06B3 6"x6" 1 OOOGPM @ 70psI Fairbanks/Morse 6"x6" 1 000GPM@150pSI Peerless 6"x6" 1300GPM @200 OR 450pSI Gould 8"x6" 1 OOOGPM @ 150psI Berkeley 8"x6" 21 OOGPM @ 85psI Discharge Hose 50ft. lengths of 11/i', 21/2",4",6", 12", 16" 6" aluminum pipe & fittings Brass adapters Suction Hose 25 ft. lengths of 11/2",2",3",4",6",10" Misc. 11/2" nozzles, hydrant wrench, Pumps come with one 25' suction hose w/strainer. Rates based on 8 hr day/40 hr wk/160 hr month. Bakersfield . ) \V N . o -\!o/~ S,"'g' ~ ESCONDIDO/ SAN MARCOS m CONVENIENT LOCATIONS SAN DIEGO IMPERIAL \V....8 Serving Southern California Since 1952 SAN DIEGO 3860 Sherman Street (92110) 619/298-9846 800-654-3495 ANAHEIM 1415 Burton Place (92806) 714/535-7731 800-237-0323 RIVERSIDE 2215 Via Cerro (92509) 909/682-6823 800-962-3730 ESCONDIDO 1960 W. Mission Rd (92029) 619n41-9272 800-624-9178 CITY OF INDUSTRY* 14841 Don Julian Rd (91746) 818/968-9611 RIVERSIDE* 3275 Columbia Ave. (92501) 909/684-5645 SAN MARCOS* 1600 E. Mission Rd (92069) 619/743-7777 Parts Hotline: 738-3297 OXNARD 2101 E. Ventura Blvd. (93030) 805/983-3969 800-326-3616 INDIO* 83-651 Dr. Carreon Drive (92201) 619/342-3359 EL CAJON CASE PARTS DEPOT* 1622 N. Magnolia (92020) 619/562-3841 OXNARD* 2451 Latigo Ave. (93030) 805/485-9494 IMPERIAL 2396 Highway 86 (92251) 619/353-0190 619/353-4040 800-421-5784 / //Y/ *formerly Case Power & Equipment Anaheim 714/535-7731 800-237-0323 ~ Rough Terrain Reach Forklifts/Handlers SkyTrak Linmac Gradall Gradall SkyTrak SkyTrak SkyTrak SkyTrak Gradall SkyTrak 5028 LRL60 low pro LPR60 low pro 6032 low pro 6036 8042 9038 10042 544 10054 5000 Ib 6000lb 6000lb 6000lb 6000lb 8000lb 9000lb 10,000 Ib 10,000 Ib 10,000 Ib Pettibone Carrylift (Super 8) - 8000 Ib Super 8 Gas, no sway control 24 ft Super 8 Gas, w/sway control 24 ft Super 8 Diesel w/sway control 24 ft Rough Terrain ~ Stralghtmast Forklifts Champ CF40, towable 4000lb 12 ft Champ CB40S, towable 4000 Ib 11 ft Champ CB50S, towable 5000 Ib 11 It Champ CB50, towable 5000 Ib15/16 It Champ CB60, towable 6000lb 16 ft Champ 530STS, towable5000 Ib 21 ft Champ 530-70, tow 6 & 7000 Ib 21 It Liftall MT80 8000 Ib 21 It Champ 530STS 5000 Ib 23 ft Champ 530-70 7000 Ib 23 ft Liftall MT80 8000 Ib 30 It Champ 1070 10,000 Ib 30 It LiftaU HT100 10,000 Ib 30 ft LiftaU HT150 15,000 Ib 30 ft Champ 180HLP 18,0001b 18 ft Champ 840VP 8000 Ib 40 It LiltaU HT150 10,000 Ib 40 ft Forklift Attachments & Acces. Truss boom - 10',12' 15' Tower attachment - 12' Panel handler Utility bucket - 11/4 cu.yd - 2 yd Swing carriage - up to 900 Extension forks Concrete bucket - 1 cu.yd Workplatforms - 5' x 10',14',16' Attachments available with our equipment only! Industry 818/968-9611 J/-iJ Oxnard 805/983-3969 800-326-3616 Industrial Forklifts it 28 ft 21 It 24 It 32 It 36 It 42 ft 38 It 42 It 48 It 54 It Height: Lowered Max. Non-Towable - Solid Tire 2000 Ib & 3000 Ib 83" 130" 4000 Ib & 6000 Ib 90" 144" 4000 Ib & 5000 Ib 91" 172" Non-Towable - Pneumatic Tire 3000lb 85" 162" 4000lb 85" 165" 5000 Ib & 6000 Ib 90" 144" 8000lb 90" 180" 10,000 Ib & 12,000 Ib 120" 168" 18,000 Ib & 20,000 Ib 115" 132" 25,000 Ib 133" 168" 30,000 Ib 114" 120" 36,000 Ib 120" 120" Side shift available on some sizes Agricultural Forklifts ~ TCI Citrus special, 4WD 4000lb 12 ft Champ CF40 4000lb 12 ft Case 585 2WD, 4WD 5000lb 21 It Case 586 2WD, 4WD 6000lb 21 ft Citrus special, 4WD 5000 Ib 22 ft Agricultural G..... Tractors .... Case 495/3220 Case 595/3230 Case 695/4220 Case 895/4230 Case 995/4240 Maxxum Case 5220 Case 5230 Case 5240 Case 5250 Magnum Case 7210 130 PTO/HP Case 7220 150 PTO/HP Case 7230 170 PTO/HP Case 7240 195 PTO/HP Case 7250 215 PTO/HP Attachments - Implements 770 discs 12',14',21' Rollover plows 4 & 5 bottom 42 PTO/HP 52 PTO/HP 62 PTO/HP 72 PTO/HP 85 PTO/HP 80 PTO/HP 90 PTO/HP 100 PTO/HP 112 PTO/HP Oxnard 805/485-9494 Riverside e 909/682-6823 800-962-3730 ~ Cranes TC1600 TC2000 TC2800 TC3000 TC3400 TC4700 TC75105 Rear mount Tractor mount Knuckleboom Carry-deck 8 ton 10 ton 14 ton 2 -axle 15 ton 3-axle 17 ton 3-axle 23.5 ton 3-axle 37.5 ton 3-axle 13-14 ton 3-axle 14-15 ton 3-axle Trucks - Trailers Dump truck, 6 yd 2-axle Water truck 2 -axle Tractor 3-axle Tractor Plus mileage Plus mileage Plus mileage Plus mileage Trailer 24' - 27' Flatbed, doubles 24' - 35' Flatbed 45' Flatbed Chain - 3/8" X 25' Binder - 3/8" Scissor & Boom lms !l Scissor Lifts Platform Height OAW 20 It 34 in Electric 25 ft 48 in Electric 25 ft 75 in Rough Terrain Gas StraightmastlArticulated Boom Lifts 2x4, 2WD Diesel 40 It 4x4, 4WD Diesel 40 ft Articulated Diesel 40 ft Articulated Diesel 60 It Trenchers .., Case walk-behind Case tracked ride-on Case rubber ride, articulated Case rubber ride, rigid frame Case Maxi-sneaker 24" depth 66" depth 60" depth 84" depth Riverside 909/684-5645 8 Authorized Stocking Distributor for Sales, Parts, & Service 2L~ MATERIAL HANDLERI REACH FORKLIFTS -' SlmOnc[R][Q] CASE TRUCKITRACTOR MOUNTED CRANES EARTH MOVING CONSTRUCTION (]j(lT~"~ STRAIGHTMAST & LOW PROFILE MATERIAL HANDLER REACH FORKLIFTS . SULLAIR . CASE '" AIR COMPRESSORS & TOOLS PORTABLE & STATIONARY AGRICULTURAL TRACTORS & FORKLIFTS BDMA~ amida INDUSTRIES, INC, COMPACTION EQUIPMENT LIGHT TOWERS & GENERATORS COMPACTION EQUIPMENT MIE/) GR GORMAN.RUPP STAN LEY HYDRAULIC TOOLS & ACCESSORIES SUBMERSIBLE - CENTRIFUGAL- TRASH PUMPS HYDRAULIC TOOLS & ACCESSORIES BENEFITS OF USING CONTRACTORS EQUIPMENT CO. . Contractors Equipment Co. does not charge Sales Tax on most rented equipment. A savings of up to 8.5% every time equipment is rented. . Contractors Equipment Co. has a Rental Exchange Program. If there is a need for major repairs of rented equipment on the job, another machine will be exchanged to avoid costly down time. . Contractors Equipment Co. has been locally owned and operated since 1952. Coupled with its Sales and Service departments, Contractors Equipment Co. has grown to be one of the largest rental organizations of commercial and industrial equipment in the nation. "We work with you from the ground up." RENTAL CONDITIONS 1 Delivery service is available at an additional cost. 2 Rentals begin and end at Contractors Equipment Company yards. 3 Rental rates are based on an a hour day, 5 day week, and a 160 hour month. 4 Equipment used 2 shifts or 16 hours per day is subject to one and one-half (1.5) times the normal rate. 5 Equipment used continuously (24 hours per day) is subject to double the normal rate. 6 The customer is responsible for maintaining fuel, water and oil levels. 7 The customer will furnish all oil and will service the rented equipment at approximately 100 hour intervals. Servicing will consist of changing the engine oil and oil filters, fuel filters, cleaning air filters, and refilling with oil. a Rer!lal equipment shall be returned to Contractors Equipment Company in good, clean condition, less normal wear and tear. Any equipment returned requiring undue cleaning, painting, or repair, will be subject to a back charge. 9 Damaged equipment will be considered still on rent until such time repairs can be made. 10 Rates are subject to change without notice. 1/ 11 The customer is responsible for supplying insurance on all over the road vehicle rentals. / /' ij ---., m Contractors Equipment Company Construction, Industrii'J1. Aqricultural & Utility EqUipment SALES RENTALS PARTS SERVfCE Kenneth L. Birch Government Sales Specialist 1600 East Mission Road Sarl Marcos. CA 92069 800/776-8527 619743-7777 Fax 619,/480-4831 o E A D I c-,.,r,' ~ ~/~. '\.iJIII5j; I r--'-~~ I I I I I I I I I . I I , I , I I : I I R / c o s K H E B A 580L 580 Super L 590 Super L ))/tjj The New IlL" Series Loader/Backhoes Introducing the New "L" Series Loader/Backhoes from the Leader in Backhoe Technology. Your input is what keeps us #1. We listen...and we respond. That's why the new "L" Series will be the definitive standard of the industry, just like every Case Loader /Backhoe series that preceded it. This new family of loader/backhoes offers you the same great features you loved about the "K" Series.. .like the Case exclusive over-center backhoe, in-line loader linkage, Case diesel engine muscle, high quality and exceptional value...and has broken ground on a new level of performance and productivity. First of all, we developed a priority swing circuit' on the Super L's to improve multi-function control for faster, smoother response when operating the backhoe for increased productivity. You still have the feel and precision control of our notable open-center design, too. We also made the auxiliary hydraulics more compatible by adapting it to handle a wider variety of attachments for a higher level of application versatility. The forward/reverse shuttle is also improved. It's now electrically engaged to allow fingertip operation with its low lever effort for the smoothest modulation on the market. 'Patent applied for. )/-1} For those units equipped with 4WD, it's electrically activated for on-the-go engagement. Combine that with improved weight-to-horsepower ratios for greater acceleration, and that's just what you need for excellent push power into the pile. When you break out of a pile, you'll notice a difference, too. The new loader arms provide greater breakout and lift capacities than before. They also allow tighter turning clearances with improved steering angles for excellent maneuverability. Better roading performance and improved serviceabillty are also features of the new "L" Series. By separating the transmission from the rear axle, there's optimized weight distribution for outstanding roading characteristics. You also get improved serviceability because each component in the powertrain can be removed independently without disturbing the others. And the list goes on. Like improved visibility, ground line servicing of fuel and hydraulic tanks, and much, much more. The one thing you'll really notice though, is the sleek new lines inside and out. The new "L" Series from Case...a noticeable difference in innovation. IMPORTANT: Case Corporation reserves the right to change these specifications without notice and without incurring any obligation relating to such change. Units shown may be equipped with non-standard equipment. CASE CORPORATION 700 STATE STREET RACINE, WI 53404 U.S.A. I I I I I I I I I I I I I I I CASE CANADA CORPORATION I 3350 SOUTH SERVICE ROAD BURLINGTON, ON L7N 3MB CANADA I I Printed in U.S.A. 580L 580 Super L 590 Super L Engine Case 4-390 Case 4T-390 Case 4T-390 Net hp 70 80 86 (52kW) (60 kVil) (64kW) Loader Lift 5,300 Ib 6,1001b 7,1001b (2404 kg) (2767 kg) (3220 kg) Breakout Force 7,800 Ib 9,300 Ib 9,600 Ib (34 694 N) (41 366 N) (42 700 N) Bucket Capacity 1 yd:J 1 yd3 1,25 yd3 (0.76 m3) (0.76 m3) (0,96m3) Standard Backhoe SAE Dig Depth - 2' Flat Bottom 14'3" 14'3" 15'8" (4,34m) (4.34 m) (4.77 m) Max, Reach @ Groundline 18'0" 18'0" 20'0" (5.48 m) (5,48m) (6,09m) Bucket Breakout Force 11,700 Ib 12,5001b 12,500 ib (52041 N) (55 600 N) (55 600 N) Extendahoe (Extended) SAE Dig Depth - 2' Flat Bottom 18'2" 18'2" 19'6" (5,54m) (5,54 m) (5,94 m) Max, Reach @ Groundline 21'10" 21'10" 23'6,5" (6,65m) (6,65m) (7,17 m) Bucket Breakout Force 11,7001b 12,500 Ib 12,5001b (52041 N) (55 600 N) (55 600 N) SAE Operating Weight w/Cab 12,950 Ib 13,950 Ib 15,7501b (5874 kg) (6328 kg) (7144 kg) NOTE: All specifications are stated in accordance with SAE Standards or Recommended Practices, where applicable. Form No. CE 026-11-94 I/-r;{l @ 1994 CASE CORPORATION March 17, 1995 TO: Honorable Mayor Horton FROM: Armando Buelna, Assistant to the Mayor and Council SUBJECT: CHILD CARE COMMISSION APPOINTMENT Attached is Dr. Pidgeon's application for Child Care Commission. The Clerk's office said she does not have to submit another application. If you would like to appoint her to fill the vacant seat on the Child Care Commission, this would then be placed on the agenda for ratification by Council. ab 61L f\l'~ 1) ~ 7 PIa- - ) The Honorable Shirley Horton Mayor of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 March 9, 1995 Dear Mayor Horton, I am currently an ex-officio commissioner on the Child Care Commission for the City. At the time that I was appointed to the Commission there were no vacancies for full voting commissioners. It has come to my attention that one of the commissioners has resigned so I would like to be considered for her position and change my status from ex-officio commissioner to a regular voting commissioner. The Child Care Commission is aware of my request. Please advise me of any further actions that I need to take. Thank you for your attention in this matter. Sincerely, ~~O\?~~ Judith A. Pidgeon,Ph.D. 20 Pepper Tree Rd. Chula Vista, CA 91910 (619) 422-6226 ~ atr / J .~ n ~ u LJ~ / ~ . ::; OLv \. V ~lV r~,\ ,1;J \,~ Y ')0 L 6\yY /f jL/a--i BOARD MEMBER COLEMAN'S ATTENDANCE RECORD Meetin~ Date: 07/11194 08/15/94 09119/94 10/10/94 11114/94 12/12/94 01116/95 02113/95 03113/95 Unexcused Absence Cancelled (Lack of Quorum) Present Excused Absence Cancelled (Lack of Agenda Items) Excused Absence Present Cancelled (Lack of Agenda Items) Excused Absence 6 Meetings thus far: 1 Unexcused (17%) 3 Excused (50%) 2 Present (33%) Total Absences: 4 Combined (67%) Assuming we meet in April, May & June and Coleman is present at these meetings: 9 Meetings: 1 Unexcused (11 %) 3 Excused (33%) 5 Present (56%) Total Absences: 4 Combined (44%) Still exceeds 34% (combined excused/unexcused absences) /LJ/J ~/ b\cJt, ~0v1.J ~ In order to provide continuity in board, commission, and/or committee membership the terms of office are staggered; and individuals may be appointed to more than one term. Provisions of the City Charter limit the number of consecutive terms served on a board or commission to two, thus providing the opportunity for maximum citizen participation. When new boards or commissions are formed or when a majority are appointed at the same time, members will draw straws to detem1ine the length of terms in order to defer later loss of talent when the terms expire on the same date. However, on selected occasions, board, commission, and/or committee members may be appointed to another advisory body; thus retaining a valuable pool of talent and experience. Attendance - The City Council has established an attendance policy for all boards, commissions, and committees to be effective July 1, 1995. A summary of that policy follows: [Charter Section 602(c) and Policy 110-03 dated 11/18/94]. . The b/c/c secretary will take the attendance at each meeting and shall notify the City Clerk when the mandatory attendance guidelines have been violated. . Members of b/c/c's with regular meetings may not be absent at more than 25% of regular meetings in a fiscal year without an excuse and at more than 34% of regular meetings whether excused or not. Members who attend less than 75% of the meetings will be subject to the following: Having been excused from 25% of the meetings will be subject to dismissal after review by the City Council Subcommittee (comprised of the Mayor and Mayor Pro Tem). Having missed 34% of the meetings in any combination of excused and unexcused absences will be subject to dismissal after review by the City Council Subcommittee (comprised of the Mayor and Mayor Pro Tem). . "On-Call" b/c/c's (Charter Review, Ethics, Growth Management Oversight, and Mobilehome Rent Review) are urged to attend all meetings, but the mandatory attendance requirements does not apply. . Any member who has missed one-half of the maximum number of unexcused absences (two of twelve or five of twenty-four regularly scheduled annual meetings) shall be given a written notice by the secretary or the chair. . The boards, commissions, and committees shall decide whether an absence is excused or unexcused as set forth in the B/C/C Attendance Policy of which each member shall be provided a copy. -12- / tfh-:l.. ~\r~ :---~.:.-: ~...,;............,; --- - - - ~ CllY OF CHULA VISTA BUILDING AND HOUSING DEPARTMENT January 16, 1995 Harold Coleman, Jr. 839 Stanford Avenue Chula Vista, CA 91913 Dear Mr. Coleman: The City Council greatly appreciates the willingness of volunteers who give of their time to serve on the various boards, commissions and committees. The Council also realizes that things do come up in people's lives which make continuing to serve impossible. In order for the work of the City to continue, however, there must be a quorum present at all board, commission and committee meetings, In 1988, the City Council established an attendance policy for ail boards, commissions and committees; a copy is attached. The policy states that members of boards, commissions and committees are required to attend 75% of the meetings called during one fiscal year which includes special meetings, conferences and workshops. Recently, the City Council clarified that policy which will become effective July 1, 1995. However, it is clearly the intent of Councillhat S/C/C members be present at 66% of the meetings regardless of whether absences are excused or unexcused. I have attached a copy for you to look at. The City Clerk will be addressing this issue at the next S/C/C Workshop scheduled. for Thursday, January 26, 1995 at 6:00 p.m. to be held in the Council Chambers. For your information, our records indicate that you have two excused absences and one unexcused absence (having missed 27.3% thus far). If you incur an additional absence, whether excused or unexcused, you will have exceed the maximum absence rate of 34% as identified in the new policy to become effective July 1, 1995. If you have any problems or concerns regarding this matter, please do not hesitate to contact me. -&~ ~a~.~.o. - DIRECTOR OF BUILDING AND HOUSING Attachments: Policy 11 0-03 (old) . dated 02/16/93 Policy 110-03 (new) . dated 11/08/94 /yj;>-3 276 FOURTH AVEiCHULA VISTA, CALIFORNIA 91911,' i(il~JI (/ll-~007 Jle- From: City Council Members Shirley Horton, Mayor .)tf To: Subject: Request to Conduct Cinco de Mayo Festival Mr. Jaime Bonillo is requesting permission to conduct a Cinco de Mayo Festival on Sunday, May 7, 1995, celebrating Mexico's independence from France. The event would be conducted on Third Avenue between "E" Street and "G" Street from approximately 12:00 Noon to 7:00 PM, and would necessitate the closure of Third between these two streets. Staff has provided an outline of standard conditions for approval of special events of this nature. A memo regarding these conditions is attached. Mr. Bonillo will be organizing and conducting the event, and I am recommending approval of his request. ;L/c -I MEMORANDUM March 24, 1995 TO: Shirley Horton, Mayor {) Sid Morris, Assistant City Manager ztl~1 Jess Valenzuela, Director of Parks and-;~creatio~ Conditions of Approval for Special Events VIA: FROM: SUBJECT: I'm responding to your request for information regarding conditions of approval for special event involving street closures on Third Avenue. It is my understanding that you are considering an event on May 7, 1995. Staffs recommendation for approval of an event would be subject to the clarification of a number of specific event details. However, the sponsor would need to provide the following as general conditions of approval for the event: 1. Adequate crowd, traffic, and parking control as determined and provided by the Police Department 2. Adequate traffic control equipment (barricades, cones, delineators, directional signs, etc) as determined by the Traffic Engineering Division and Police Department. 3. A Certificate of Insurance and Policy Endorsement providing evidence of general liability insurance in the amount of $1 million, naming the City as additional insured. Additional insurance might be required pending review of the event activities by the City's Risk Manager. 4. A signed Hold Harmless Agreement. 5. Written notification of parking restrictions, street closures, and other pertinent event details to all residences and businesses in the area bounded by "E" Street, Second Avenue, "0" Street, and Fourth Avenue. 6. Written support for and approval of the event from the Downtown Business Association 7. Adequate portable toilets (including handicap-accessible toilets) as determined by the City based on attendance estimations. 8. No-parking signs on appropriate streets posted no less than 48 hours prior to the effective date and start time. 9. Adequate trash receptacles and trash control service during and immediately following the event. 10. Adequate removable dumpsters to handle event trash. J!C -2 11. Evidence of appropriate permits and compliance with food and beverage vending regulations as determined the County of San Diego Department of Health Services. 12. Verification of appropriate City Business Licenses from all vendors participating at the event. 13. A detailed site plan for the event, indicating locations of toilets, trash receptacles, trash dumpster, stages, displays, booths, concession stands, parking, etc. 14. A detailed description of staging, seating, canopies, enclosed booths, temporary structures, cooking equipment, electrical generators and distribution equipment, and other imported equipment for review and approval by regulatory City departments and divisions. In addition, the reimbursement of direct City staff costs, specifically the required services of the Police Department, has been a condition of event approval for some non-City sponsored events in the past. These costs could be substantial depending on the scope of the event. cc: City Council Jle -J 360 Third Avenue P.O. Box 381 Chula Vista, CA 91912 (619) 422-1982 Fax (619) 422-1452 1995 Officers & Directors President Jim Fergus Vice President Dr. Steven Wachs Secretary Marie Raftery Treasurer Donna Hawk Past President Vangie Kujawski Lou Black Eddie Chapman Michael Johnson Tom Money Lou Nicholaus Gina Nichols Ben Patton Dave Rossi Town Manager Judith Lynn Welty ~~ /t/C 28 March 1995 Honorable Mayor Shirley Horton City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mayor Horton, The Association has been approached for their support of a Cinco Fest on Sunday, May 7th. Seven of the eight members of the Board whom I was able to contact agreed to support radio station KURS (K -1040). The eighth member had no feelings for or against. We look forward to working with KURS and its staff. Yours truly, ~ James D. Fergus President cc: Joe Carbajal, KURS Community Development Judy Welty FIe - f