HomeMy WebLinkAbout1994/08/16 Agenda Packet
Tuesday, August 16, 1994
6:00 p.m.
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Re ular Meetin / of th~ Cit of Chul ista Cit uncil
CALL TO ORDER
1.
ROLL CALL:
Councilmembers Fox _' Horton _, Moore _, Rindone _, and
Mayor Nader_.
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3.
APPROVAL OF MINUTES:
August 9, 1994,
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Jennifer Ayer. Youth Commission; and, Robert Fisher. Resource Conservation
Commission.
b. Proclaiming Thursday, August 25,1994, as Chula Vista Neighborhood Telecenter Day - The
proclamation will be presented by Mayor Nader.
c. "HEALTHY KIDS FAIR," Saturday, August 27, 1994, 10:00 a.m. to 2:00 p.m. at Vista
Square Elementary School, 540 "G" St., Chula Vista. An announcement of the fair will be
made by Fraok Long, American Red Cross, San Diego/Imperial Counties Chapler, South Bay
Service Center.
*****
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
(Items 5 through 10)
The staff recommetulations regarding the following items listed under the Consent Caletular will be enacted by
the Council by one motion without discussion unless a Coundlmember, 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 of resignation from the Youth Commissiou - Jocelyn Castillo, 1345 Oriole PI., Chula
Vista, CA 91911. It is recommended that the resignation be accepted and the City Clerk be
directed to post immediately according to the Maddy Act in the Clerk's Office and the Public
Library,
Agenda
-2-
August 16, 1994
6. RESOLUTION 17613 AUTHORIZING PURCHASE OF A TELESQURT FIRE APPARATUS
THROUGH COOPERATIVE BID, AWARDING CONTRACT TO
WESTATES TRUCK EQUIPMENT CORPORATION, AND
APPROPRIATING FUNDS THEREFOR - The 1994/95 Equipment
Replacement Fund provides for the purchase of a 1500 gpm rear-mounted
elevated master stream fire engine (Telesqurt) to replace the existing fire
apparatus. Resolution 6132 authorizes the City to participate in cooperative bids
with other governmental agencies for the purchase of materials of common
usage. The City has been invited to participate in a current Orange County
Telesqurt bid from Westates Truck Equipment Corporation which provides for
substantial savings from current mid-1994 quotes. Staff recommends approval
of the resolution. (Director of Public Works, Fire Chief and Director of
Finance) 4/5th's vote required.
7. RESOLUTION 17614 EXTENDING CONTRACT FOR ONE YEAR FOR THE CITY'S ANNUAL
REQUIREMENT OF LIBRARY BOOKS - Resolution 17235 adopted on
9/7/93 approved the cooperative bid with the City of San Diego for requirements
for library books. The contract was awarded to Baker & Taylor Company, a
national library book broker. The contract contains an option to renew for
additional one-year periods through 6/30/97. Staff recommends approval of the
resolution. (Director of Finance)
8. RESOLUTION 17615 APPROVING A CONTRACT FOR THE ANNUAL SYMPHONY POPS
CONCERT AND A FIREWORKS FINALE, AND ENTERING INTO AN
INDEMNIFICATION AGREEMENT WITH THE SAN DIEGO UNIFIED
PORT DISTRICT AND AUTHORIZING THE MAYOR TO EXECUTE
SAID CONTRACT. The City, in conjunction with the San Diego Unified Port
District, is planning to host the San Diego Symphony Pops Orchestra for a
concert at Marina View Park on Sunday, 8/21/94. Staff recommends approval
of the resolution. (Director of Parks and Recreation)
9. RESOLUTION 17616 AUTHORIZING THE CITY TO PARTICIPATE IN FISCAL YEAR
1994/95 SAN DIEGO COUNTY CO-PERMITTEE JOINT WET
WEATHER MONITORING AGREEMENT - The California Regional Water
Quality Control Board (CRWQCB), through its Executive Officer, has specified
a wet weather storm water monitoring program to be implemented by the San
Diego County Municipal Storm Water Discharge Co-Permittees during Fiscal
Year 1994/95 storm season. The San Diego Co.Permittees have agreed to
participate, for the second year, in a cooperative program to accomplish the
required wet weather monitoring and to share the costs of said monitoring. The
Co-Permittees find it necessary to retain a consultant to conduct the required wet
weather monitoring. The City of San Diego, as principal permittee and leader
in the implementation will retain a consultant and administer a contract with said
consultant on behalf of the San Diego County Co. Permittees. Staff recommends
approval of the resolution. (Director of Public Works)
Agenda
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August 16, 1994
10. RESOLUTION 17617 APPROVING AGREEMENT WITH WOODWARD-CLYDE
CONSULTANTS FOR DRY WEATHER DISCHARGE FIELD
SCREENING AND ILLEGAL DISCHARGE DETECTION SERVICES -
National Pollutant Discharge Elimination System (NPDES) regulations specity
a number of tasks that must be undertaken by local agencies. One task requires
all agencies to annually conduct dry weather discharge field screening (effluent
sampling, chemical analyses, and observation of physical conditions) at major
outfalls at least twice per dry weather season (May through October of each
year) in order to detect illegal discharges to the storm water conveyance system
and to identify, if possible, the sources of said illegal discharges. Staff has
determined that it is necessary to retain the services of a consultant in order to
satisfy the dry weather discharge field screening and illegal discharge detection
requirements. Staff recommends approval of the resolution. (Director of Public
Works)
* * 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 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.) Comments are limited to five minutes per
individual.
II.
PUBLIC HEARING
ORDINANCE 2599
12.
PUBLIC HEARING
PCA-94-04; CONSIDERATION OF AMENDMENTS TO SECTION 19.64
OF THE MUNICIPAL CODE TO ALLOW THE REPLACEMENT OF
DAMAGED CONDOMINIUMS WHICH ARE NONCONFORMING WITH
RESPECT TO DENSITY - CITY INITIATED - Recently, potential buyers
of an individual condominium unit could not obtain financing because the project
within which the unit is located is nonconforming with respect to present density
limitations. Therefore, the same number of units could not be rebuilt if the
project was more than 60% destroyed per Section 19.64.150 of the Municipal
Code. Staff believes this is a problem unique to condominiums which should
be addressed by amending the code to allow replacement in such cases. Staff
recommends Council place the ordinance on first reading. (Director of
Planning)
AMENDING SECTION 19.64.150 OF THE MUNICIPAL CODE AND
ADDING SECTION 19.64.155 TO MODIFY THE NONCONFORMING
USES REGULATIONS PERTAINING TO THE REPLACEMENT OF
RESIDENTIAL CONDOMINIUMS (first readin,,)
PCZ -94D/PC M -94-24/PC M -94-2 7/PCM-93 -6/PC S-88 -3 A;
CONSIDERATION OF PREZONING AND INCORPORATING
APPROXIMATELY 22.7 ACRES OF LAND WITHIN EASTLAKE
GREENS AND AMENDING THE EASTLAKE II (EASTLAKE I
EXPANSION) GENERAL DEVELOPMENT PLAN, EASTLAKE GREENS
SPA PLAN, EASTLAKE II (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
Agenda
-4-
August 16, 1994
Planning Area (SPA), EastLake 11 Planned Community District Regulations,
EastLake Greens Air Quality and Water Conservation Plan, EastLake Greens
Master Tentative Map, and a prezone and addition of approximately 22.7 acres
of unincorporated land to the existing EastLake Greens SPA area. The purpose
for the request is to: (1) Incorporate into the planning and regulatory
framework of the EastLake Greens SPA Plan those parcels of the EastLake
Greens General Plan Amendment which take access from the internal circulation
of the EastLake Greens Planned Community (northeast of the SDG&E
transmission lines); (2) Improve the spatial and functional relationship of
residential density/product distribution within the EastLake Greens Planned
Community area; and (3) Update the EastLake Greens SPA Plan and
supplementary documents to 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 THE PREZONING OF 22,7 ACRES OF
UNINCORPORATED LAND TO P-C PLANNED COMMUNITY AND
ADOPTING MITIGATED NEGATIVE DECLARATION ON IS-94-19 AND
MITIGATION MONITORING ANDREPORTING PROGRAM THERETO
(first readin!!)
B. ORDINANCE 2601 APPROVING AMENDMENTS TO THE EASTLAKE II (EASTLAKE I
EXPANSION) PLANNED COMMUNITY DISTRICT REGULATIONS
(LAND USE DISTRICT MAP ONLY) AND ADOPTING MITIGATED
NEGATIVE DECLARATION ON IS-94-19 AND MITIGATION
MONITORING AND REPORTING PROGRAM THERETO (first readin!!)
C. RESOLUTION 17618 APPROVING AND IMPOSING AMENDMENTS AND CONDITIONS ON
THE EASTLAKE II (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 TENT A TIVE SUBDIVISION MAP AND
ADOPTING MITIGATED NEGATIVE DECLARATION OFIS-94-19 AND
MITIGATION MONITORING AND REPORTING PROGRAM THERETO
13 .A. 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 program began 1/1/94 as a unique "options" program
which allows single-family residents the choice of how they will participate,
based on their own assessment of their yard waste needs. A review of the
participation, costs, and revenue of the first six months of the voluntary
"options" program show that costs are far exceeding revenue and continuation
of the program is dependent upon a rate adjustment to cover collection and
processing costs. Letters were received from Laidlaw requesting consideration
of an amendment to the yard waste fee structure effective 9/1/94 which would
involve a change to a universal mandatory rate structure to be spread to all
single-family residents. Staff recommends approval of the resolution. (Deputy
City Manager Krempl)
RESOLUTION 17619 APPROVING A UNIVERSAL RESIDENTIAL YARD WASTE
COLLECTION RATE CHANGE TO $1.48 PER SINGLE-F AMIL Y HOME
Agenda
B.
PUBLIC HEARING
-5-
August 16, 1994
CONSIDERATION OF RATE CHANGES TO RESIDENTIAL CURBSIDE
RECYCLING SERVICES FOR SINGLE-FAMILY HOUSEHOLDS - The
rates for single-family households' curbside recycling services have not been
reviewed in two years since the only change to the overall refuse and recycling
rate during that time has been to pass through the increased cost of landfill tip
fees. Municipal Code 8.23.210 provides for specific rate review procedures for
the program which allow for certain estimated revenues to be applied to the
program costs, with adjustments for comparisons of estimated to actual costs to
be made periodically. In accordance with the procedures, the successful
participation of residents and the increasing avoided landfill costs now result in
a recommended reduction to the single-family rate from $1.10 to $.50 per month
and corresponding reductions for senior citizens from $.75 to $.35 per month.
Staff recommends approval of the resolution. (Deputy City Manager Krempl)
RESOLUTION 17620 APPROVING RATE SCHEDULES FOR RESIDENTIAL CURBSIDE
RECYCLING SERVICES
14.
PUBLIC HEARING
CONSIDERATION OF THE FOLLOWING APPLICATIONS FILED BY
SUNLAND RANCHO DEL REY AND RANCHO DEL REY INVESTORS,
L.P. FOR 16.9 ACRES LOCATED AT THE SOUTHWEST CORNER OF
RANCHO DEL REY PARKWAY AND DEL REY BOULEVARD WITHIN
THE RANCHO DEL REY PLANNED COMMUNITY: (A) PCM-94-26 -
AMENDMENT TO THE RANCHO DEL REY SECTIONAL PLANNING
AREA (SPA) I PLAN; AND (B) PCS-94-02 - TENTATIVE SUBDIVISION
MAP FOR SUNLAND RANCHO DEL REY, TRACT PCS-94-02 - The
applicants, Sunland Rancho del Rey and Rancho del Rey Partnership L.P., have
submitted applications for an amendment to the Rancho del Rey Sectional
Planning Area (SPA) I Plan, and a Tentative Subdivision Map known as Sunland
Rancho del Rey, Tract Number PCS-94-02, in order to subdivide and develop
16.9 acres located at the southwest comer of Rancho Del Rey Parkway and Del
Rey Boulevard within the Rancho del Rey Planned Community. Staff
recommends approval of the resolution. (Director of Planning)
RESOLUTION 17621 APPROVING AN AMENDMENT TO THE RANCHO DEL REY
SECTIONAL PLANNING AREA (SPA) I PLAN AND A TENTATIVE
SUBDIVISION MAP FOR 16.9 ACRES LOCA TED AT THE SOUTHEAST
CORNER OF RANCHO DEL REY PARKWAY AND DEL REY
BOULEVARD
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the City
Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council
on such a subject, please complete the yellow "Request to Speak Under Oral Communications Form" available
in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name
and address for record purposes and follow up action. Your time is limited to three minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
Agenda
-6-
August 16, 1994
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" form avaiwble in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
15. ORDINANCE 2602 AMENDING THE MUNICIPAL CODE TO CREATE A VOLUNTARY
TAKE PERMIT PROCESS SANCTIONED UNDER SECTION 4(d) OF
THE ENDANGERED SPECIES ACT AL TERNA TIVE TO THE PROCESS
PERMITTED UNDER SECTION 10(a) OF SAID ACT (umencv ordinance)
In March 1993, the Federal Department of the Interior listed the California
Gnatcatcher as a threatened species, and adopted a special rule under Section
4(d) of the Endangered Species Act which establishes specific regulations
regarding the taking of Coastal Sage Scrub (CSS), the habitat of the
Gnatcatcher. The Special Rule allows local jurisdictions to grant CSS "take"
permits if certain lindings can be made. The 4(d) Rule is intended to provide
an alternative for applicants who choose not to go directly through the U.S. Fish
and Wildlife Service for a Section lO(a) permit. During the past several months
City staff has been working with staff of the resource agencies and other local
jurisdictions, as well as local property owners, to implement the local "take"
permit process. The emergency ordinance will implement a 4(d) Take Permit
Process for the City, thus allowing the City to issue CSS take permits at the
locallevel. Staff recommends Council adopt the urgency ordinance. (Director
of Planning) 4/5th's vote required.
16. RESOLUTION 17622 APPROVING FIRST AMENDMENT TO AGREEMENT WITH ACE
VIDEO PRODUCTION FOR VIDEOTAPING THE CITY COUNCIL
MEETINGS FOR TELEVISING - After a formal RFP process for video
production of Council meetings for tdevising, Council approved an agreement
with Ace Video Productions in July 1991. That contract was for an initial three-
year term with an option for the City to extend the agreement for an additional
two-year term. Staff has negotiated a contract amendment that allows for the
installation of a remote camera system and extending the term to three years.
Staff recommends approval of the resolution. (Administration)
17. REPORT AUTHORIZATION TO BEGIN CONSTRUCTION OF THE TRAFFIC
SIGNAL AT THE INTERSECTION OF GOTHAM STREET AND OT A Y
LAKES ROAD - On 5/24/94, Council adopted Resolution 17482 accepting bids
and awarding contract to Southwest Signal Service for the installation of a traffic
signal at the intersection of Gotham Street and Otay Lakes Road "contingent
upon City approval of a location of the Transit Center within the territory of
Southwestern College." Since the time period to go forward with the signal
contract is over 8/17/94, a decision is needed on whether that project should go
forward at this time. Staff recommends Council: (1) Determine that the Transit
Center will not be constructed in the parking lot north of Elmhurst Street or in
the grass area between Elmhurst Street and Gotham Street (original site); and
(2) Remove the contingency from Resolution Number 17482 and authorize the
contract for the traffic signal at Gotham Street and Otay Lakes Road to
commence construction. (Director of Public Works)
Agenda
-7-
August 16, 1994
18.
REPORT
UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be
given by staff.
19.
REPORT
UPDATE ON CLEAN WATER PROGRAM ISSUES - An oral report will
be gi yen 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
20. CITY MANAGER'S REPORTfS)
a. Scheduling of meetings.
b. Assistant to Mayor and Council.
21. MAYOR'S REPORTlS)
a. Ratification of appointments:
Child Care Commission - Dr. Judith Pidgeon (ex-officio);
Economic Development Commission - Edward Martija;
Youth Commission - Stephen R. Noble; and,
Veterans Advisory Commission - Nick Aguilar, Joe A. Berlanga, Carmen A. Fedje, Agustive A.
Hermes, Jr., l. Joseph Matacia, Robert L. McCauley, and Edmund R. Scharff.
22. COUNCIL COMMENTS
Councilmember Moore
3. Ratification of reappointment to the Mobilehome Rent Review Commission - Carl Grieve.
Councilmember Horton
b. Response to the Southwestern College Transit Center joint meeting with the City Council.
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 following items of business which are permitted by law to be the subject of a clased
session discussion, and which the Council is advised should be discussed in closed session to best protect the
interests of the City. The Council is required by law to return to open session, issue any reports of final action
taken in closed session, and the votes taken. However, due to the typical length of 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 from
closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report
of final action taken will be recorded in the minutes which will be available in the City Clerk's Office.
Agenda
-8-
August 16, 1994
23. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chuta Vista Employees Association (CVEA), Western Council
of Engineers (WeE), Police Officers Association (POA). and International Association
of Fire Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
24. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
ADJOURNMENT
The meeting will adjourn (a closed session and thence to) the Regular City Council Meeting on August 23, 1994
at 6:00 p.m. in the City Council Chambers.
A Meeting of the Redevelopment Agency will be held immediately following the City Council Meeting.
August II, 1994
SUBJECT:
The Honorable Mayor and City Council
/ Iv
John D. Goss, City Manager ..J1R, ~\.
.'
City Council Meeting of August 16, 1994
TD:
FROM:
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, August 16, 1994. Comments regarding the Written
Communications are as follows:
Sa. IT IS RECOMMENDED THAT JOCELYN CASTIllO'S RESIGNATION FROM THE YOUTH
COMMISSION BE ACCEPTED WITH REGRET AND THE CITY CLERK BE DIRECTED TO POST
IMMED I A TEL Y ACCORDI NG TO THE MADDY ACT I N THE CLERK'S OFF I CE AND THE
PUBLI C LI BRARY .
JDG:mab
"ECE\VEO
'94 N5 -. P3 ~9
.1'( OF CH\JL~ VISICUE
..-y CLERK'S OFF \
July 11, 1994
To: Whcm it may ooncern
I regret to inform you that I will be resigning my seat on the Chula Vista
City Youth Commission, effective August 8, 1994. I will be attending the
August meeting, although it will be my last due to the fact that I will be
leaving August 20th to attend oollege in the stockton area.
I would like to thank the entire commission for giving me the opportunity to
serve as a representative for our city's youth. I learned a great deal of
leadership skills and how my participation can make a difference in community
issues.
It was an honor serving as a commissioner for the Chula Vista City Youth 0:Jrn-
mission. I had a great time this past year and will never forget the new
friends I have made. I want to wish the new Chairman, Vice-Chairman, and all
new and returning members of the ccmrnission good luck and success in the future.
once again, thank you.
Sincerely,
/
-*' _,r-: ~/ ~"'-_ L
/
.;: .("
Jocelyn Castillo
WRrrlEN COMMUNiCATiONS
~>C; :57r(LI) r ~'~/f'Lj
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COUNCIL AGENDA STATEMENT
Item: €a
Meeting Date: 8/16/94
ITEM TITLE:
Resolution l"l~,~ Authorizing purchase of a Telesqurt™ fire apparatus
through cooperative bid, awarding contract to Westates Truck Equipment
Corporation, and appropriating additional funds therefor.
SUBMITTED BY: Director of~Jf!is Works 0/1./
Fire Chief p (
Director of Financ~
REVIEWED BY: City Manager q~5& (4/5ths Vote: Yes X No_)
The 1994-95 Equipment Replacement Fund provides for the purchase of a 1500 gpm rear-
mounted elevated master stream fire engine (Telesqurt"'M) to replace the existing apparatus.
Council Resolution No. 6132 authorizes the City to participate in cooperative bids with other
governmental agencies for the purchase of materials of common usage. The City has been
invited to participate in a current Orange County Telesqurt™ bid from Westates Truck
Equipment Corporation which provides for substantial savings from current mid-1994 quotes.
RECOMMENDATION: That the City Council approve the Resolution.
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSSION:
Background
Currently, the Fire Department has in service a 1977 Crown Telesqurt™ which serves as the first-
in engine for Fire Station One's area, and is equipped with a 1500 gpm pump and a rear-mounted
elevated master stream. In June, 1994, Council approved the purchase of a replacement
Telesqurt™ in the 1994-95 Equipment Replacement budget.
Pre-Bid Research
During the process of formulating final specifications for the new Telesqurt™, the Fire
Department collected data on current bid costs for TelesqureM purchases by other jurisdictions.
Although options vary from unit to unit, 1994-95 purchase/delivery prices ranged from $340,000
to $400,000. To support this finding, a report (attached) received on July 21 issued by Fire
Engineering and CSR Market Data Services shows Telesqurt™ purchases nationwide average
$348,570, and Western U.S. prices average $385,000 due to more stringent equipment
requirements. While collecting some of the data, contact was made with Westates Truck
Equipment Corporation, who indicated that there was a currently-available bid for Telesqurt™
t,/
Page 2 Item: lD
Meeting Date: 8/16/94
units with Orange County Fire Department, which Chula Vista could tag onto. That bid is for
$311,687 plus California Sales Tax and expires 8/31/94.
While Orange County's specifications vary in some instances from those established by the Chula
Vista Fire Department, all modifications have been agreed-to by Westates, thereby allowing a
Chula Vista-specific Telesqurt™ to be manufactured for $1,500 less than the Orange County bid
($311,687 - $1,500 = $310.187 + tax). Considering the $331,900 total cost of the apparatus
with sales tax included, - this represents a minimum savings of $31,900 over units currently
being bid.
Disposition of Current Telesqurt™
Currently, the Chula Vista Fire Department has 2 reserve engines - both of which are very old (23
and 25 years) and are experiencing various significant mechanical and structural difficulties.
Reserve Engine 8 has been identified by the Public Works/Ops Garage staff to be in need of some
very costly repairs to the drive train if it is to remain in service beyond the next 12 months. In
light of these events, it is the Fire Department's intent to move ahead as rapidly as possible in
acquisition and delivery of the new Telesqurt™ so that the existing unit can replace Engine 8 in
our reserve fleet and therefore allow Engine 8 to be retired without further cost to the City.
Engine 8 would then be disposed of at the County's government auction.
FISCAL IMPACT:
During the Fiscal Year 1994-95 budget process, the City Council appropriated $325,000 for the
purchase of the Telesqurt™. The actual cost of the unit ($331,900) exceeds the budgeted amount
and will require an additional appropriation of $6,900 from the unappropriated balance ($650,000)
of the Equipment Replacement Fund.
"~,,2
RESOLUTION NO. 17/'/3
REsOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING PURCHASE OF A
TELESQURT'M FIRE APPARATUS THROUGH COOPERATIVE
BID, AWARDING CONTRACT TO WESTATES TRUCK
EQUIPMENT CORPORATION, AND APPROPRIATING FUNDs
THEREFOR
WHEREAS, the 1994-95 Equipment Replacement Fund provides
for the purchase of a 1500 gpm rear-mounted elevated master stream
fire engine (Telesqurt'M) to replace the existing apparatus; and
WHEREAS, Council Resolution No. 6132 authorizes the city
to participate in cooperative bids with other governmental agencies
for the purchase of materials of common usage; and
WHEREAS, the City has been invited to participate in a
current Orange County Telesqurt'M bid from Westates Truck Equipment
Corporation which provides for substantial savings from current
mid-1994 quotes.
WHEREAS, while Orange County's specifications vary in
some instances from those established by the Chula vista Fire
Department, all modifications have been agreed to by Westates,
thereby allowing a Chula Vista-specific Telesqurt™ to be
manufactured for $1,500 less than the Orange County bid or at a
cost of $331,900 (including tax), which is a substantial savings
over units currently being bid.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby authorize purchase of a Telesqurt™
fire apparatus through cooperative bid with Orange County by
awarding contract to Westates Truck Equipment Corporation in the
amount of $331,900.
BE IT FURTHER RESOLVED that the amount of
hereby appropriated from the Equipment Replacement
Account 705-7050-5565.
$6,900 is
d into
Presented by
r"
James Hardiman, Fire Chief
Bruce M.
Attorney
City
c: \rs\telsquit
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_ _ v~ :'''''" J. J.. J.":-
Since 1966
TRUCK EQUIPMENT CORPORATION
285 INDUSTRIAL WAY . WOODLAND, CA 95778-6099 . (916)661-0101 · FAX (916) 661-0873
August 1, 1994
Chula Vista Fire Department
447 F Street
Chula Vista, Ca 91910
Attn: Administrative Officer Dan Deintema,
Westates Truck Equipment is pleased to honor a "tag on" purchase from the City of Chula Vista
to Orange County California purchase order # PC 133 P 9400001068 dated 1/04/94 for one (I)
50' telesquirt including changes agreed to by Captain Greg Doorn, Bill Childers Vice President
Sales and Marketing and John Ferraiolo, Sales Representative. The cost shall be $1,500 less
than the Orange County purchase order per unit price plus applicable sales tax.
Respectfully,
Westates Truck Equipment COIporation
fJ);/ eR;~ {J Y?
Bill Childers
Vice President
Marketing & Sales
c c: John Ferraiolo Sales Representative
[S'narkd_
t.-f
'\ f. r 'f! 'OUS
l('./ f. ~ ~J il.' .,'
l..''t.,.l; ,s.
! !e. D!P!NDABL!
,'.
WESTATES '316--661-0873
".'''KAI. ~~HVIC~~ AlJeNCv. PURC"A.SINO AND TRANSPORTA.TION
:'300 S, Or'"d Avo, BLOO A, S."t. A".. CA 92705
17141 567-7300
CENTRALIZED PURCHASE ORDER
PAGE 2
AUG.0S '94 0'3:42
',(;OUNTY 8' ~li
OF , ' 1'1
O~AN<3E
, -
"
PAGE;
DATE; 01/04/9L
Yf.NDOR INFORMATION:
PHONE: 916-661-0101
TERMS: 1 - NET 30
F.O.B: DESTINATION
MINORITY CODE: C
ORDER NUMBER: PC 133 P94000~106!
MODIFICATION NUMBER; 00
VENDOR: V21448
WESTATES TRUCK EQUIPMENT
ATTN: WILLIAM CHILDERS
285 INDUSTRIAL WAY
WOODLAND
SHIP TO: 3>5
fiRE DEPARTMENT
145 S WATER STREET
ORANGE CA 92666
.",,',
',.' ",
, , ,. . ., I i~'" .
e,.'.',
, " ~","
.,.,..,
....11,
.1;'
'I.''''.: .
CA 95776
DELIVER BY: 11/01/94
",.',1
-,.I
BILLING INSTRUCTIONS;
1, INYOICE COU~TV OF OFtANGe ANO SENe :f\iVOK:ES IN OUPI.ICAT~ YO: COUNTY ^UCITOA.co~nROU..EA. r,O. OO~ ISiS':', '^NTA, I'NA. CA ~2'10a, ("Ill) t3~'24'O
INYOICn MUtr 8e IN DUPLICATE REFEflENCEO TO T...[; O"01;:R NlJ"'18~flI ANC ITlMIr.eo OUANTITlI!9, OI!SCAtf'lTtCN or: Ml!"CHANDI8E. UNIT ANO UNIT COST,
2, VENOOA COOl, o.\OR'Pl NUt\.lB!'''' ^"lD ,nICl: ^C\n~li:~It!".n Nup..IOtin \1": A/'If'lL1CMLF.j MUtT A"F'tl'AR ON All, INVO~CF.S, $IiIPP:NU "^-PlnS;, PAQKAOn .. lNOUIR1U,
:), CASH OlJeOVNTS, IF or'En!:o, """.~ Dl! TMj;;N W1TI1IN TI"IE; "'1t..IITATION AND WilL or. TMIiN ON THl! TOTAt. At..:OUNT \1~eLUO:Na T^''''I UNLess OTMllAWtse efATCO,
.. AulHORIZe:O 'AEIGHT CHA/IIIGI:& MU,T DC fllRf;PAIO """':J AOOt:O to I"-'YOICC!. INCLIJOt "AOOr: or- I"AYMiNT r~ r-niIOHT CH^~eS OViA ns,
e. YOu ARt MOUIAiO TO lNCI,.UDE YOUR TJl,XPA"t!'~ 1.0 NI"IMlJ&n ON ALL INVOICES 8UB~II'nEO rOA "^'f'MENT. T~19 WILL iNSUlIl! COMPUANCi WITM 1I111S N!:OVI~liMIINTS AND [:tilE
PAYMENT P"OCEISINO. OUT 01' STME veNrJO". M\,/9T INCLUOE CAlIr:onNIA ~Mes TA.~ rE'''r~ilT NUMeeft
'''' \I(NOOI 4C'~I"n ,...., ,... ..... 15"" lllOO "GIln " "'II IUI<l' 61ft (0"01'19IlI IWC"',OO~ TWOIf "lloItl9 O~ Illr 111"'11( I'tTr 0' '6\iC. I 0' 11t11l'\l1CM"n *u~I",
~~::~ ':IO::af~':~'" T:o~~nO'~:::\I'~~~ll.i~~ ~::lr;I::~~~~~~IO:or:J}:=:I,:,~\::,,: ~\'~~:~~r:M:vt~J: !~,~~ro:lz::,~o:~W:~ ~~~'~I~~,;:,~~I~:O~~ ~~:~~::\'I~rl:~. ~",\,r.~~I" ~OIolINl'~h
III 'Ii( .... , "fIlI"UI'''O 1'r,1ol PlllaG liNT Tt'" I p' 'OI""'I",r , ""
REFERENCe BID NUMBER RP~067GG
, .... ,.".
LEGEND CODE: WQ'.,
FILE FOLDER NUMBER I 418300
PlR BOARD MINUTE ORDER DATED:
01/0~/94
FINAL BUDGET 9319~, PAGE E24
. .
---.---------~------~-----"-----_____~_____M_________~----M_________M__________________~.___.
OR LN 'COMMODITY CODE
001 07057
,1500 GPM FIRE ENGINE,
AC LN
01
TELE-SQUIRT.
QUANTITY .UNIT
3.00 EACH
PER ATTACHED SPECS
UNIT COST
311 ,687 .0000
,
. 00,2 . , 99900
, . SALE'S
TAX.
01 935.061.00
NON-INVENTORY, ORANGE COUNTY
EACH
0.0775
ORDER LINE 'AMOU'
935,061;(
I "
, I, :\,,1,'1 ''''I'~!'' ~I" ',I:'
I .;. ", '" ,,'\~I , :
.' ;'. '''-,'''' i-!!.I,~"""':
:''';'',2i''46t;;
".......'" ....' '.'
:."',' .....: ..':;~': ,i;,::~;;},~;.;',
---------------------.----------------------~----~----~----------------------_____M__~-~~~~-.
" AC LN FUND, AGCY ORGN ACTV OBJ/SUB B/S ACCT R/CAT JOB NO. ACCT LI Nr'.~A'MOU"
01 133 133 900 FVEH ~OOO 1,007';'528;;
, , " ~.""" '
----~----.----.----~----------~--------------~---------------------------"--------.___M_____.
... ~ 'I' , .
"''''., I'" IlIb.'
'. '....;
AC, LN
01
,REQUISITION NUMBER
RX 133 00090014059
RESPONSIBLE PERSON
CHIEF MIKE 'BURNETT
PHONE
7~4-0587
,"'I<I..tlr"",.,
t.-/,
"
'.' ';i,
AOORE"!l O\Je~~t!' ,,:,n4Q"":fl .,....'(1 .., '...... ,,~.. ..._..
ORDER TOTAL;
I . --- ,
I~~~A~~~~~ 110 ~
~C~_~
1,007,528;;
.,'.1
-'-"'
.T'JL - 1 4 -~4 THU er'.:.: 1 (1 Pt'1 F I PE APPARATUS I He
~.li) ?:-'4 <!.'I-l6
P.Ol
-Westates
SlOt. 1956
TRUCK EQUIPMENT CORPORATION
285 INDUSTRIAL WAY
WOODLAND, CA 95776,6099
.
ID1R,lCC1.01C1
.
FAX (916) 661 .087~
.
JULY ]4,19~~4
FE: ('HULf.. 'fIST'. "Tl\C ON" O~DER TO
ORDF:F. F'0~ (3) 50' TELFSQURTS,
CI)H l'U1-< ;'~'l'"1 C'l~ a
---- .,n . 0'." "Z-
~671 ['.;'\\~ 7"/ 1'-, ~'ag(l;
po.,.it'" fax HQ\:.--___' ---- -- F~~.ro :.) ;;:-,Rtl'f"/'
To ;eec,. ~ ~o ::=0. A .X.
COJD,v'04..~k__3:!:'A- ,'no".'
ph:;;;-i". J-
- .-.. --:J;;/J "
i~~~_t;_. _...-
---"
.... 'j:' l'RllJGZ PURCHASE
FRml I\f.SV,TES T;,.'CK EQUIPMENT
CAPTAIN GREG DUM
CHULJ\. VIS~'A FIRE DEPARTMENT
447"F" STREFT
CHUL^ VISTf., r~. 91910
DEAR CAP'rUN DU'.I:
THE FOLLO~lINr, ITEMS, BOTll ADDITIONS AND DILI:1'IOl:S l',RE THE RESULTS
m" THE Mr:E'l'ING HELD .".T HEADQUARTERS STA':'IO'J 0:: Jr_'~IF 30,1994. THE
MEE'l'H:G WAS }l~'i'"N[)r:D BY CAPTAIN CRLG DU:., Cl,P 1"'.") '1'21111'/ KOEPER
A~~n JCHt-J r'i~IU,_'\;()i/-).
1 . NIL~l!.:PL.~TE ,~~'D LETTERING TO BE ADDED TO THe B()(lrl.
2. SIGTRONICS ';OH1'-1UNICATION SYSTEM TO BE 7HF. S"!1E AS AERIAL ORDER.
3. ADD i\IF ClilJCK TO PUMP PANEL.
4. ".00 FXTr-:~:r.T.J GHTS 'T'O THE EODY, (2) OR '.1) Wi DL: r,El:r2,rD LATER.
5. ADD (1) HOSE REEL WITH 200' OF I' HOSE.
6. ADD (3) FIRE EXTINGUISHERS WITH BRACKET~, (1) PRESS ,WATER, (1)C02,
(1) DRY CHEMICAL.
7. ADD RED VINYL HOSE BED COVER.
8. PRT AND REA'R FENDER LINERS.
9. HE,"P (,ON~R0L PANEL IPO SIDE CONTROL P.'\N!':L FO~ TELESQURT.
10. PRE-CONSTRUCTION MEETING TO BE HELD AT (,HULA VISTA HEADQUARTERS.
11. DELETE FRONT SUCTION AND INSTALL STANDARD FRONT BUMPER.
12.
ON LH .PUMP PANEL 1'.~m:r.S':ALL 6X4 ADAPTER ON
ADD 2~" SUCTION TC 'i'H,' RH PtWP PANEL AND
6" SUCTION.
DELETE 2\" S<.JCTION
THE LH E"SUCTION.
CAP OtlLY ON THE RH
13. ADD AKRON 95 GPM FOAM SYSTEM AND 30 GALLON FON' TANK.
14. ADD 24' EXTENTION LADDER IPO 35' EXTENTION ~ADDER.
{lll1lll1ftltm\ll'liO
<<lID
,-,
..TUL- 14-.34 THU U.e,: 11.1 t'[l t-.1. tr_1::.. Hr- r- Hr--..... I '__'~' .L "'.
Sinc~ 1956
-Westates
TRUCK eQUIPMENT CORPORATION
285 INDUSTRIAL WAY . WOODLAND, CA 95776.6099 . r9~ 6) e6~ 0101
. FAX(916)661-0873
15. ALL GAUGES '1'0 BE ELECTRICAL IPO HECHA'Jlr'ALAS SPF:('IFIED.
16. REMOVE SCBA BR~CKET AT CAPTAIN'S SEAT.
17. SHIFT LEVER IPO PUSH BUTTON ON AUTO~lA'nC TRANSMISSION.
18. VaGAL LUBRJ('ATIOr-: SYSTEN.
19. EXHAUST TIP TO MATCH NEDER1'1AN EXHAUST S'{STF:;.I.
20. KUSSMAUL 2000 15 AMP CHARGER.
21. ADO (4) BATTERIES IPO (2) BD BATTERIES.
22. ADD DYN&~OTE INVERTER 2500 OR EQUAL.
23. ADD loJHELh~: LIGHTS IPO TOW.R.
24. TELESQlJWI' I,,,,DDER TO HAVE FOLD-DOIVN V,DDEP i-i;"tlD "A I L'i.
25. DELETE THE SUCTION HOSES THAT WERE IN LOOSE EQUIPMENT.
26. DELETE EXHIBIT "A" AND "B" ALUlHNUM BOXES.
THE ABOVE C!gNGES WILL BE I:\ICLTJDED IN THE"TlcG ':;:'l"(iRn!-:H TO THE
COUI-l':'Y OF ORANGE PURCHASE ORDEt\:PC 133 P49000"j'-,(.68 Hi" THE UNIT
COST OF $311,6B7.00 PLUS APPLICABLE SALES TA\;, FOB CIJULA VISTA.
IF YOU HAvr, ANY FURTHER QUESTIONS ON THE ABOVF, PLE]I>? CON'1'ACT HE
AT (310) 324 4866.
"~~~m ~
NF~O
A TORY SALES REPRESENTATIVE.
~S't\QrkEI_
oePENOAB...f
J.. Fr
--
aUOT A lIONS MUST BE RECEIVED
PAIQR TO
10:00 A.M.
NOTE:
MUSl
ShOw
Ihrough
window
NOTE: FORMAL BJ[)JOUOTATION MUST BE SUBMmeO IN
A SEALED ENVELOPE. ALL SUBMITTALS MUST BE
RECEIVED BY PURCHASING AND TIME STAMPED
PRIOR 105:00 PM ON THE CLOSING DATE S1 A TED.
UNLESS OTHERWISE INSTRUCTED. SU8MlfTAlS
RECEIVED AFTER THIS TIME AND DATE WilL BE
CONSIDERED LATE AND WILL NOT Be OPENED OR
CONSIDERED FOR EVALUATION,
COUNTY OF ORANGE
GENERAL SERVlCES AGENCY
PurChaSing DiVISion
1300 South Grand. 8ldg. A
Santa Ana, CA 92705 'vi... 'j
1714) 567-7300
APRIL 8. 1993
REFERENCE NUMBER
RP-406766 if?
..-l
CC(Q)~1f~~'
INSTRUCTIONS:
,. Read terms and eonGitions on revel'$e side.
2. Quolation mult be on this lorm.
3. Complele and sign all paces of the qUOCllion.
4 Return thIs larm plus all Attachments.
5. Ouole on 81Ch Item separalety; aU or none bleb may noc De
accepted unless otherwise specified.
6, Prices QuOled' F,O.a. destinatiOn unless Ol:hel'Wise slated.
7. Pnce alone may not be the Pin.1 deterro.;ning lactOf.
e. DeclinatIon - in the evem you ele<:! not to Quote. please ,nlonn U.$
on this lorm and return by the bid due date ,ndiCated.
0347.SRS
Date
3-9-93
TEM
NO
DESCRIPTION
MFG.8RAND
OR TRADE NO.
AMOUNT
PLEASE QUOTE YOUR MOST COMPETITIVE PRICES FOR THE FOLLOWING
VEHICLE(S). PRICE MUST INCLUDE ALL COSTS TO DELIVER TQ:
ORANGE COUNTY FIRE DEPT., 145 S WATER ST, ORANGE, CA
3.0 EA
FIRE ENGINE, 1500 GPM, TELE-SQUIRT
PER ATTACHED COUNTY SPECIFICATION NUMBER 92-a-F,
$111.hR7.00
$935,061. 00
~
THIS QUOTATION WILL BE VALID FOR -D1L-!DAYS
COMPLETE ALL BLANK SPACES UNDER MANUFACTURER'S SPECIFICATIONS
AND RESPOND TO EACH ACCESSORY AND OPTION ITEMIZED.
(ENTER AMOUNT IF NOT INCLUDED IN UNIT PRICE QUOTED ABOVE.)
SIGN ALL COPIES OF BID SPECIFICATION AND RETURN IHQ IDENTI~AL COPIES
OF REQUEST BY THE CLOSING TIME SPECIFIED ABOVE.
BID CLOSES AT 10:00 A.M. ON THURSDAY, APRIL.a, 1993
THERE WILL BE A PUBLIC BID OPENING: APRIL a, 1993
(DATE)
- NO LATE BIDS
AT 10:30 A.M.
(TIME)
ACCEPTED
AT
GSA!PL~CHASING DIVISION
1300 SOUTH GRAND AVENUE, BLDG. A
SANTA ANA, CA 92705
CONTINUED ON NEXT PAGE
OR PRERECORDED INFORMATION ON OTHER SIDS CALL (714) 567.7J08
~NOOR IS RECUIRED TO PROVIDE A COMPLETED MSDS IMATERIAL SAFETY DATA SHEEl) fOR H~""_ . .: ,,'Jtl)I,l,NCESAS REOUIRED BY LA80RCOOE SECTIONS6J82 AHO 6J9tl. GENERAL INDUSTRIALSAfET'f OROER. :iEcrrON SIC}.! AN
;LE 8 CAW AOMINlS COOE MSOS SHEET ~OR EACH SPiCIFIEO liEM SK.lLL BE SENT fO Pi.,l,C; _' .. ;lMfkT
~-9
.,
THE COUNTY OF ORANGE RESERVES THE RIGHT TO REJECT ANY AND ALL BIOS.
LOWEST QUAUFlEC BIO MAY BE SUBJECTTO FURTHER NEGonAnONS.
Sm.1I Busln.n: j{ Yes ....;. No
Minority/Women-Owned BusIness: = Hispanic.
= Asian, = Black,. = American Indian. = Womlln.
have read. understood and agree 10 Ihe terms and condl\ions on both Sides 01 lhe form.
Westates Tru k ioment Cor oration (916
::: Other
661-0101
PN>rII Numbll
AOGreu
A
94-1616560 4-8-93
A\/Jno'll ~n'1,u'll~og III copoesl
Ivm. :nJ. aers,
Namu 01 p.r:y Ie CO/'".I.tl,;l Ir. ,,1er,r.to::) I~IS "...1;;.1.1'00
ToUe
President,
FI(lIO.
Dale
Terms 01 Payment: Ne t
Sales Tax x:: Plus = NiA = InCluoed
Plus Freight c: Yes x: No
Delivery Time: 1 n n Days ARO
OU01"'ll'n valid It accepted w"hln 6 O__dayS
Sales
MUNICIPAL FIRE APPARATUS MARKET SUMMARY REPORT
MARCH 1994
FIRE ENGINEERING/CSR MARKET DATA SERVICES
1.0 Introduction and Background
The Municipal Fire Apparatus Market Data Report is the result of a joint study effort of Fire Engineering
and CSR Market Data Services; both are divisions of Penn Well Publishing Company. The scudy was
conducted from December, 1993 through March, 1994.
The basis for this study was a survey conducted by Fire Engineering in 1993 in preparation for publishing
the Directory of Municipal Fire Departments. Annual operating budgets for approximately 7,600 Fire
Departments in the U.S. were identified. From this data CSR selected every department with an operating
budget of one million dollars or greater.
1.1 Study Methodology
The study team, consisting of CSR market analysts and Fire Engineering editorial staff, designed a
questionnaire that was sent to every fire department with an operating budget of one million dollars or
greater. A total of 1,055 questionnaires were sent out. 40% of the questionnaires were completed and
returned. CSR analysts then contacted those departments for additional information and the departments
that did not return a questionnaire. During the three month study over 1,000 departments responded and
contributed information to the study.
2.0 Summary of the Results from the 1994 Study
Type of Aonaratus
Number of
A "paratus Purcha<;es
Total Dollars
Average Cost.
Planned Purcha<;es
Aerial..
Aerial Other.
Aerial Ladder
Aerial Platform
Ambulance
Brush Truck #
Command Vehicle #
Fire Boat
Haz-Mat Vehicle
Heavy Rescue
Ladder Tender
Light/Air Truck
PumperlEngine
Quint
Quint (Other)'
Rescue Vehicle
Tanker
Telesauirt
Total
115 $ 50,631,000
7 $ 2,650,000
40 $ 17,165,000
37 $ 17,960.000
207 $ 15.908,000
41 $ 3.605,000
52 $ 2,545,000
4 $ 1.811,000
21 $ 2,673,000
7 $ 1,385,000
I $ 135,000
10 $ 990,000
586 $123,050,000
22 $ 8,614,000
3 $ 1,050,000
107 $ 11,734,000
22 $ 3,545,000
35 $ 12200000
1.317 $277,651,000
Figure 2-1 Summary of Results
$440,270
$378,570
$429.130
$485,410
$ 76,850
$ 87,930
$ 48,940
$452,750
$127.290
$197.860
$ 135,000
$ 99,000
$209,980
$391.550
$350,000
$109,660
$161.140
$348 570
$210,820
. Apparatus in these categories are combination vehicles.
.. The Aerial classification was used because the contact did not specify if the apparatus would be a ladder or a
platfonm.
# The Brush Truck category includes Grass Trucks and Wildfire Trucks; the Command Vehicle category includes
mobile communications units, chiefs vehicles, staff vehicles and arson investigation vehicles.
Copyright 1994. PennWell Publishing Co.
I ~-;d
Number of
Tvne of Apparatus Aooaratus Purchases Total RudQ'et
Aerial 16 $ 7,756,000
Aerial Ladder 15 $ 7,245,000
Aerial Platform 4 $ 2,000,000
Ambulance 57 $ 3,975,000
Brush Truck 17 $ 1,570,000
Command Vehicle 9 $ 265,000
Fire Boat 2 $ 336,000
Haz-Mat Vehicle 6 $ 980,000
Ladder Tender 1 $ 135,000
Light/Air Truck 4 $ 430,000
Pumper Engine 171 $ 37,442,000
Quint 3 $ 1.504,000
Rescue Vehicle 2\ $ 2.363,000
Tanker 10 $ 1,685,000 .
Telesouirt 1 $ 1 155 000 ~~ ~,o("\o €Oy k
Western Region Totals 339 $ 68,84\,000
Figure 2-5 Western Region Breakdown
In the central region, 285 departments were contacted. They plan to purchase 374 apparatus, which
represent 8.5% of their current inventory. The eastern region's 460 departments are planning on
purchasing 604 pieces of apparatus, representing 8.9% of their current inventory. In the pacific region 230
departments are planning on purchasing 339 pieces of apparatus, representing 8.4% of their current
apparatus inventory.
3.0 Apparatus Requirements for EMS/Medical Response
Many whom we contacted mentioned that their departments were taking on the added responsibilities of
responding to medical calls. According to the information, 535 pieces of apparatus being purchased, or
41 %, will be responding to medical calls. 44% of the departments respond to medical calls with a
Pumper/Engine and include either First Responders, EMTs or Paramedics.
Figure 3-1 shows graphically the five most popular types of apparatus that will be responding to medical
calls.
New App.retus Re.ponding To Medicei Cens,Totel-535
..
. Pumpsrl Engin..
~ Ambulance
.R..euaV.hiel.a
n.
:':J Asri.II, Ladders, Pletforma ,
. Other
Figure 3-1 Most Popular Types of Apparatus Responding To Medical Calls
Copyright 1994. PennWell Publishing Co.
3
~-//
COUNCil AGENDA STATEMENT
Item
Meeting Date
I
8/16/94
Resolution 11t.1c.t Extending contract for one year for the City's
annual requirement of library books
SUBMITTED BY: Director of Financeff
REVIEWED BY: City Manager &~ \ 0
f,i'
ITEM TITLE:
(4/5ths Vote: Yes _No--.LI
Resolution No. 17235, adopted September 7, 1993, approved the cooperative bid
with the City of San Diego for the City of Chula Vista's requirements for library books.
The contract, which was awarded to Baker & Taylor Company, a national library book
Broker, included an option for one year extensions.
RECOMMENDATION: That Council extend the contract to cover the period July 1,
1994 through June 30, 1995.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The City of Chula Vista has participated on the City of San Diego bid for purchase of
library books since 1978. Because of the large number of books they purchase each
year, the City of San Diego is able to receive large discounts off the publisher's
standard price. Through the cooperative bid process, Chula Vista has benefitted in
receiving the same discounts as the City of San Diego.
The contract provides for the following discounts:
1.
2.
3.
4.
5.
6.
Descriotion
Percent off Publisher's
Standard Price
Trade Books
Technical & Textbooks
Books of Trade Nature
Single Binding Editions
Mass Market Paperbacks
45.2%
45.2% to 0%
45.2%
41.0%
1 copy per title - 40%
2-4 copies per title - 41 %
5-9 copies per title - 42%
10+ copies per title - 43 %
Publisher's Library Binding
17.1 %
7~ I
Page 2. Item -,
Meeting Date 8/16/94
The contract contains an option to renew for additional one year periods through June
30, 1997, at the same discounts and conditions. San Diego and Chula Vista receive
the largest discount off of published book prices in San Diego County.
The recommendation for renewal is based on the large discount, integrity of Baker &
Taylor in fully applying these discounts, and the fact that Baker & Taylor has been
reliable, prompt, and responsive. The Library Director concurs with this
recommendation.
FISCAL IMPACT:
A total of $304,370 has been budgeted in the General Fund and $608,392 in CIP for
the new South Chula Vista Library for book and reference material purchases. The
majority of the purchases will be through Baker & Taylor.
?~
RESOLUTION NO.
/7&J'1'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA EXTENDING CONTRACT FOR ONE YEAR
FOR THE CITY'S ANNUAL REQUIREMENT OF LIBRARY
BOOKS
WHEREAS, Council Resolution No. 6132 authorizes the City
to participate in cooperative bids with the city of San Diego for
the purchase of materials or supplies of common usage; and
WHEREAS, Resolution No. 17235, adopted on September 7,
1993, approved the cooperative bid with the City of San Diego for
the City of Chula vista's requirements for library books; and
WHEREAS, the contract, which was awarded to Baker &
Taylor Company, included an option for one year extensions; and
WHEREAS, the Director of Finance and Library Director
recommend renewing the contract based on the large discount
received, integrity of Baker & Taylor in fully applying these
discounts, and the fact that Baker & Taylor has been reliable,
prompt and responsive.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby extend the contract for the
City's annual requirement of library books and authorize the
Purchasing Agent to acquire such library books through June 30,
1995, from Baker & Taylor through the City of San Diego bid as the
Library Director determines is necessary at the following
discounts:
DESCRIPTION
PERCENT OFF PUBLISHER'S
STANDARD PRICE
Trade Books
Technical and Textbooks
Books of Trade Nature
Single Binding Editions
Publisher's Library Binding
Mass Market Paperbacks
Presented by
45.2%
45.2%
45.2%
41.0%
17.1%
1 copy per
2-4
5-9
10+
to 0%
title-40%
per title-41%
per title-42%
pe title-43%
Robert Powell, Director of
Finance
C:\rs\libbooks.bids
7'')
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 8/16/94
Resolution Ii" 15 approving a contract for the annual Symphony Pops
concert and a fireworks finale, and entering into an indemnification agreement
with the San Diego Unified Port District.
Director of Parks and RecreaQ
I I" / I ~
REVIEWED BY: City Manager /of. i) LJ (4/5ths Vote: Yes_NoX)
The City, in conjunction with the San Diego Unified Port District, is planning to host the San Diego
Symphony Pops Orchestra for a concert at Marina View Park on Sunday, August 21, 1994.
ITEM TITLE:
SUBMITTED BY:
RECOMMENDATION: That Council adopt the resolution to:
I. execute a contract with the San Diego Symphony
2. execute a contract with San Diego Fireworks
3. enter into an indemnification agreement with the San Diego Unified Port District
4. authorize the Mayor to execute said contracts and agreements
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The City is planning to host a San Diego Symphony Pops concert at Marina View Park on Sunday,
August 21, 1994. The San Diego Symphony will perform for approximately 75 minutes on an outdoor
stage located at the west end of Marina View Park. The concert will begin at 7:30 PM. This year's
concert program is "Dancing to the Big Band Hit Parade." The Symphony will provide the stage,
orchestra shell, and all necessary sound and lighting equipment for the concert. The contract with the
San Diego Symphony is attached (Attachment A).
The contract for the fireworks finale, which will be provided by San Diego Fireworks, Inc., is attached
(Attachment B).
Free shuttle bus service will be provided to and from the concert site via a designated public parking area
at the bayfront and the "H" Street trolley station. Traffic and crowd control will be handled by regular
duty police officers, and police reserve personnel. Promotion and advertising for the event is being
handled by the City's Public Information Coordinator.
Since the event is being conducted on Port District property, the City is required to complete the
District's standard Tidelands Activity Permit, which includes indemnification language (Attachment C).
There are two funding sources for this event. The San Diego Unified Port District has allocated $21,500
to defray the Symphony's contract performance costs, and $11,120 was allocated in the City's non-
departmental budget to offset the costs of City staff, the fireworks display, and supplies and other services
required to stage the concert.
pupsal13.94
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Meeting Date 8/16/94
Funding from the Port District will be available On a reimbursement basis again this year. This will
necessitate that the City pay the full costs of the Symphony contract ($21,500), and then be reimbursed
by the Port following the event. This will not create a financial hardship for the City, since funds exist
in the appropriate account which will carry the concerts' expenses until the City is reimbursed by the Port
District.
An estimated breakdown of the event budget is attached (Attachment D).
FISCAL IMPACT: $11,120 has been appropriated in the City's FY 94-95 non-departmental budget to
offset the City's share of the event costs. The contract cost for the Symphony's perfonnance is $21,500.
Both these amounts, totaling $32,620, will be encumbered and paid for from the non-departmental
account. The account has a balance that will support the non-allocated Symphony costs until the Port
District reimburses the City for the $21,500. No additional funding is required.
Attachments: A - Contract - San Diego Symphony
B - Contract - San Diego Fireworks, Inc.
C - Tideland Activity Permit - Port District
D - Event Budget
NOTSCANNEJ)
popsa1l3.94 2
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RESOLUTION NO.
/7~/.s'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CONTRACT FOR THE
ANNUAL SYMPHONY POPS CONCERT AND A FIREWORKS
FINALE, AND ENTERING INTO AN INDEMNIFICATION
AGREEMENT WITH THE SAN DIEGO UNIFIED PORT
DISTRICT AND AUTHORIZING THE MAYOR TO EXECUTE
SAID CONTRACT
WHEREAS, the city is planning to host the San Diego
Symphony Pops concert at Marina View Park on Sunday, August 21,
1994; and
WHEREAS, staff recommends that Council adopt the
resolution authorizing the Mayor to execute a contract with the San
Diego Symphony, San Diego Fireworks, Inc. and to enter into an
indemnification agreement with the San Diego Unified Port District
regarding conditions for the Port's funding of the event.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve and authorize the Mayor
to execute Agreements between the San Diego Symphony Orchestra
Association, and San Diego Fireworks, Inc. for a symphony concert
at Marina View Park on Sunday, August 21, 1994, copies of which are
on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the city Council approves and
authorizes the Mayor to execute a Tidelands Activity Permit from
the San Diego Unified Port District, a copiy of which is on file in
the office of the city Clerk.
Presented by
Jess Valenzuela, Director of
Parks and Recreation
C:\rs\sYlIIphony
d";r /f-tf
A-
AGREEMENT BETWEEN THE SAN DIEGO SYMPHONY
ORCHESTRA ASSOCIATION AND THE CITY OF CHULA VISTA
THIS AGREEMENT between the San Diego Symphony Orchestra Association, a not-for-profit corporation
incorporated under the laws of the State of California (herein called the "Symphony"), and City of Chula Vista
(herein called the "Presenter").
WITNESSETH:
]. ENGAGEMENT.]n consideration of the mutual promises herein set forth, the Symphony agrees to
furnish and the Presenter agrees to hire the services of the San Diego Symphony Orchestra for one
concert to be given on:
Day of Week
Sunday
Date
August 2], 1994
Hour
7:30 p.m.
at:
Name of Facility
Marina View Park
Address
800 Marina
Parkway
Chula Vista
Except as otherwise specifically agreed to in writing, the selection of the program, "Big Band Hit
Parade", any soloist, and other artistic personnel for each concert shall be at the sole discretion of the
Symphony, and the mere consent of the Symphony to furnish particular music or other matter of
persons (including the conductor) shall not be deemed a waiver or relinquishment of this power.
2. PAYMENT. The Presenter shall pay to the Symphony the amount of $2] ,500 (twenty-one thousand
five hundred dollars).
A deposit of$2,]50 (two thousand, one hundred fifty dollars) shall be required on execution of contract,
leaving a balance due of $]9,350 (nineteen thousand three hundred fifty dollars.
Payment for each concert shall be in lawful money of the United States by certified check on or before
the day of the concert. On failure to pay, the total amount for all concerts shall then become due and
owing. Time is of the essence to the provisions of this paragraph.
3. The SYMPHONY shall provide:
SEE ADDENDUM A. PAGE 5 OF THIS CONTRACT
4. FAC]LlTlES. The Presenter shall provide at its expense the above named facility(ies) at the time(s)
indicated.
When required by the Symphony, the Presenter shall furnish, at its expense, one or two properly tuned
concert grand pianos, as requested.
SYMCONTR.94
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All of the above shall be to the satisfaction of the Symphony, and shall also be provided for any
daytime rehearsals requested by the Symphony prior to and for each concert.
The Presenter, at its expense, shall furnish for performances all ticket sellers and takers, ushers, special
police, attaches and other like personnel, any licenses and permits required, tickets of admission and
programs, postage or express charges or printed matter, all other advertising costs, and shall bear all
other expenses in connection with the giving of the concert, to include:
SEE ADDENDUM A. PAGE 5 OF THIS CONTRACT
The Presenter, at its expense, shall provide the Symphony for its library, Ten (10) copies ofthe program
for each concert.
5. CREDITS, PROGRAM AND PUBLICITY. The Presenter agrees to display the name of the Orchestra,
the conductor and any other principals in all advertising and printed programs in such form as may be
prescribed by the Symphony, and to print and distribute house programs from copy furnished by the
Symphony, said copy to be printed in its entirety as furnished. Advance proof of house programs shall
be furnished the Symphony,not less than two weeks before the concert date for the Symphony's
approval of page format and credits. The Presenter agrees to promote the concerts and to attempt to
obtain an attendance in a number that the facility at which the performance will be held will reasonably
accommodate.
6. RESTRICTION. The Presenter agrees that no concert(s) is(are) to be recorded, broadcast, televised or
otherwise extended beyond the hall without the prior written consent of the Symphony.
In the event that the Symphony wishes to have the concert(s) recorded, broadcast, televised or otherwise
extended beyond the facility, the Presenter agrees to make the facility available for the installation,
operation and removal of all necessary equipment and facilities. All costs relative thereto shall be borne
by the Symphony. The Presenter shall not receive any fee, remuneration or compensation for any such
extension of the concert(s).
7. NO DISCRIMINATION. The Presenter agrees that admission to and seating in the hall shall be
without regard to race, color, religion or national origin.
8. PROGRAM CHANGES. The Symphony shall have the right, exercisable solely at its discretion, as
represented by the judgment and decision of its Music Director, Conductor or other authorized
representative, to change the program of any concert at any time and for any reason, regardless of any
advertisement, consent or promise of the Symphony, whether contained in Paragraph One hereof or
otherwise by removing from the program any music or other matter to be presented and substituting
therefor other music or matter, and by removing any person, including the Conductor of the concert,
persons or group of persons, except the San Diego Symphony Orchestra itself, and either substituting
therefor other person, persons or group of persons or none at all, and the Symphony's performance of
the program as so changed shall be deemed full performance of its engagement and obligations, whether
under Paragraph One hereof or otherwise, for the concert which would have otherwise been performed.
9. IMPOSSIBILITY OF PERFORMANCE. If the concert which is the subject matter of this agreement
is prevented from occurring for any reason which is beyond the control of either of the parties such as
an act of God, fire, illness or physical disability of a key performer, acts or regulations of public
authorities or labor unions, labor difficulties, lock-out, strike, civil tumult, war, riot, power failure, air
raid, or air raid alarm, act of a public enemy, interruption or delay of transportation service for
SYMCONTR.94
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musicians, epidemic, ("Intervening Force"), the duties of the parties herein specified including the duty
of Symphony to perform and the duty of Presenter to pay shall be suspended, each party to bear their
own costs incurred in the preparation of the concert to the time of the Intervening Force. The deposit
shall be forthwith returned. Then each of the parties shall agree to meet and confer for the purpose of
rescheduling the performance or performances herein specified, and all reasonable effort will be made
to reschedule the performance and to perform as herein specified. Upon reaching an agreement as to
a re-performance, the deposit shall be paid back to the symphony.
10. EXCUSE FROM PERFORMANCE. The Symphony is not required to perform the concert or concerts
as herein specified if the area, material and facilities as herein, or as required in Addendum A to be
provided by Presenter have not been substantially provided.
II. NOTICE. Any notice which is provided to be given under the terms of this agreement must be in
writing and may be given personally or by registered mail, directed to the Symphony at 1245 Seventh
Avenue, San Diego, CA 92101, and to the Presenter at its address as set forth below. Either party may,
by like notice, designate a different address for the serving of notices.
12. MODIFICATION. No modification or waiver of any of the terms of this Agreement shall be valid
unless in writing and executed with the same formality as this Agreement. Failure of either party to
insist in anyone or more instances upon strict performance of any of the terms and provisions on the
other party's part to be performed, shall not be considered as a waiver or relinquishment of any such
term or provision for the future, and the same shall continue in full force and effect.
13. HOLD HARMLESS/INSURANCE
HOLD HARMLESS: Symphony agrees to indemnify and hold harmless the City ofChula Vista against
and from any and all damages to property or injuries to or death of any person or persons, including
property and employees or agents of the City, from any and all claims, demands, suits, actions or
proceedings of any kind or nature including worker's compensation claims, of or by anyone
whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or
omissions of the Symphony or any of its officers, agents or employees.
Presenter agrees to indemnify and hold harmless the Symphony against and from any and all damages
to property or injuries to or death of any person or persons, including property and employees or agents
of the Symphony, from any and all claims, demands, suits, actions or proceedings of any kind or nature
including worker's compensation claims, of or by anyone whomsoever, in any way resulting from or
arising out of the negligent or intentional acts, errors or omissions of the Presenter or any of its officers,
agents or employees.
INSURANCE: Symphony shall, throughout the duration of this Agreement maintain comprehensive
general liability and property damage insurance covering all operations hereunder of Symphony, its
agents and employees including but not limited to premises and automobile, with minimum coverage
of Five Hundred Thousand Dollars ($500,000.00) combined single limits. Evidence of such coverage,
in the form of a Certificate of Insurance shall be submitted to the City Clerk at 276 Fourth Avenue.
Said policy or policies shall provide thirty (30) day written notice to the City Clerk of the City of Chula
Vista of cancellation or material change.
Presenter shall, throughout the duration of this Agreement maintain comprehensive general liability and
property damage insurance covering all operations hereunder of Presenter, its agents and employees
including but not limited to premises and automobile, with minimum coverage of Five Hundred
Thousand Dollars ($500,000.00) combined single limits. Evidence of such coverage, in the form of a
Certificate ofInsurance shall be submitted to the San Diego Symphony at 1245 Seventh Avenue, San
SYMCONTR.94
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Diego. Said policy or policies shall provide thirty (30) day written notice to the Symphony of
cancellation or material change.
14. ASSIGNMENT. Each of the parties to this agreement are required to perform personal services to the
other party. Therefore, this agreement shall not be assigned by either party to any other person, firm,
association, organization, or entity without the prior written consent of the other party, which written
consent may be withheld for any purpose whatsoever in the sole discretion of the party whose consent
is required.
15. CONSTRUCTION. This Agreement shall be construed, governed, and interpreted pursuant to the laws
of the State of California, and is a California Contract. This Agreement represents the full
understanding between the parties, and neither party shall be bound by any terms or undertakings other
than those contained therein.
IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY AND YEAR
BELOW WRITTEN.
PRESENTER'S NAME:
CITY OF CHULA VISTA
THE SAN DIEGO SYMPHONY ORCHESTRA
ASSOCIATION
BY:
BY:
DAVID DORNE
President
TITLE
276 Fourth Avenue
Chula Vista, CA 92010
PRESENTER'S ADDRESS
DATED:
19_
DATED:
19_
SYMCONTR.94
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Addendum to Contract:
ADDENDUM "A"
THE SAN DIEGO SYMPHONY ORCHESTRA ASSOCIATION
Summer Pops Runoot Program
Presenter agrees to provide the following for outdoor concerts:
I. At least four (4) properly supplied restrooms, 2 marked women and 2 marked men, for the exclusive
use of the Orchestra members, as required by the Symphony's Master Agreement. (Portable restrooms
are acceptable. If portable restrooms are provided, then handiwipes shall be provided.)
2. ISO' x 70' smooth and level space adequate for set-up of concert shell.
3. 110/220 single phase electrical service with 100 amps per leg to be located within 100 feet from
stage/shell.
4. Backstage security consisting of two (2) personnel beginning one hour prior to scheduled concert time
and ending one-half hour after conclusion of concert.
Symphony agrees to provide:
I. One (I) performance of approximately 90 minutes duration.
2. Symphony Conductor and Program, to be determined by Symphony.
3. Equipment:
a. San Diego Symphony Orchestra acoustical shell.
b. Music stands and seating for the Orchestra.
c. Overhead lighting for the Orchestra.
d. San Diego Symphony Orchestra sound system for facilities with a seating capacity of up to
3,500.
e. Stage platform.
4. Production crew to set up Orchestra equipment.
ACCEPTED BY:
City of Chula Vista
LOCAL PRESENTING ORGANIZATION SIGNATURE
DATED: 19_
TITLE
SYMCONTR.94
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FIREWORKS DISPLAY AGREEMENT
THIS AGREEMENT, entered into this day of August,
1994, by and between the City of Chula Vista, a California
Municipal Corporation, hereinafter called "City", and San
Diego Fireworks, Inc., a California Corporation, hereinafter
called "Contractor", is made with reference to the following
facts:
WIT N E SSE T H:
WHEREAS, City desires to provide a fireworks display at
its Symphony Pops Concert to accompany a musical finale on
August 21, 1994, and Contractor desires to furnish the
fireworks display to said City;
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO
AS FOLLOWS:
1. SCOPE OF WORK.
Contractor agrees to furnish to City, on August
21, 1994, at the west end of Marina View Park, in accordance
with the terms and conditions hereinafter set forth, one (1)
Fireworks Display as set forth in Program "A", attached
hereto as Exhibit "A", incorporated herein and made a part
hereof as though set forth in full, including the services
of one (1) licensed pyrotechnician to take charge of and
fire the Display with sufficient helpers.
1.1 City's Duty to Provide Suitable Site.
City shall furnish and provide at their own expense a
suitable site and location. Suitability of any proposed
site is to be determined solely by Contractor. The
operations of Contractor are considered complete when the
crew and equipment of Contractor depart the site.
2. Cancellation by Contractor. In the event Contractor
reasonably determines the weather conditions unfavorable on
the date set for the display, City shall pay Contractor ten
percent (10%) of the contract price as a restocking fee and
costs incurred by Contractor for technician fees, custom set
piece and logo design, permit and insurance.
3. Cancellation by City. Should City decide to cancel the
display, notice shall be given to Contractor no later than
nine o'clock A.M. on the day of the display. City shall pay
Contractor ten percent (10%) of the contract price as a
restocking fee and all costs incurred by Contractor
including, but not limited to, technician fees, custom set
piece and logo design, permit and insurance.
symfire.94
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4. Postponement. In the event of cancellation by Contrac-
tor as provided in Paragraph 2 herein, or cancellation by
City as provided in paragraph 3 herein, City shall not be
liable to pay Contractor ten percent (10%) of the contract
price as a restocking fee or any costs incurred by
Contractor if the City tenders to Contractor another date
for the display prior to 9:00 A.M. on the day of the
display. City shall be liable only for the expenses
incurred by Contractor due to the postponement if the
parties have agreed upon a postponement date, or the City
has tendered a reasonable postponement date.
5. ASSUMPTION OF RISK FOR WEATHER RUINING EXHIBITS.
City agrees to assume the risk of damage to the Exhibit
by weather or other causes beyond the control of Contractor,
which may affect or damage such portion of the exhibits as
must be placed in position and exposed a necessary time
before the scheduled commencement of the Display. By
assuming said risk, City agrees to pay for Contractor's cost
of said destroyed or ruined exhibits, unless the City is
otherwise obligated to pay the Contractor the compensation
required by this agreement.
6. DISPLAY PROTECTION.
City shall provide adequate police or security service
to prevent the public from entering the areas designated
solely by the Contractor for the firing of the display and
fallout. Any vehicles or vessels or personal property
within these areas shall be removed at the expense of City.
Any damage to personal property and injuries or death to
persons remaining within these areas shall be the sole
responsibility and liability of City. City shall indemnify,
defend and hold harmless Contractor against such claims as
provided in paragraph eight (8) herein. City shall also be
responsible and liable for any damage or theft of equipment
or materials of Contractor caused by the public.
7. INSURANCE.
Contractor, shall, throughout the duration of this
Agreement, maintain the following insurance coverage:
7.1 Commercial General Liability Insurance including
Business automobile liability insurance in the amount
of $1,000,000, combined single limit, which names the
City of Chula Vista as additional insured and is
primary to any insurance policy carried by the City.
7.2 Errors and omissions insurance in the amount of
$250,000.
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7.3. Statutory Worker's Compensation Insurance and
Employer's Liability Insurance in the amount of
$l,OOO,ooo.
All policies shall be issued by a carrier that has a
Best's Rating of "A", Class "V", or better or shall meet
with the approval of the City's Risk Manager.
Contractor will provide, prior to commencement of the
services required under this Agreement, certificates of
insurance for the coverage required in this sectioD, and,
for Commercial General Liability Insurance, a policy
endorsement for the City as additional insured; a policy
endorsement stating the Contractor's insurance is primary
and a policy endorsement stating that the limits of
insurance apply separately to each project away from
premises owned or rented by the Contractor. Certificates of
insurance must also state that each policy may not be
canceled without at least thirty (30) days written notice to
the City.
The provisions of this section are intended to be of
benefit only to the City, and not for the advantage or
benefit of any third party. The City shall have the sole
right to insist upon or waive their performance without
liability to any third party.
8. HOLD HARMLESS.
8.1 City's Indemnity. City shall indemnify, defend
and hold Contractor harmless and the property of Contractor
from and against any and all claims, losses, damages, suits,
injuries and liabilities arising from the death or injury to
any person or from damage to or destruction of any property,
which arises out of, or is caused by an act, omission,
negligence or misconduct on the part of City or any of
City's elected officials, officers, agents, servants,
employees, contractors, guests, invitees or licensees. The
provisions of this section shall not apply to any claim or
liability arising by reason of the sole negligence, gross
negligence or willful misconduct of City.
8.2. Contractor's Indemnity. Contractor shall
indemnify, defend and hold harmless City and the property of
City from and against any and all claims, losses, damages,
suits, injuries and liabilities arising from the death or
injury to any person or from damage to or destruction of any
property, which arises out of or is caused by an act,
omission, negligence or misconduct on the part of Contractor
or any of Contractor's officers, agents, servants,
employees, contractors, guests, invitees or licensees. The
provisions of this section shall not apply to any claim or
symfire.94
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liability arising by reason of the sole negligence, gross
negligence or willful misconduct of City.
9. COMPENSATION.
City agrees to pay Contractor the sum of Two
Thousand ($2,00.00) Dollars according to the following terms
and conditions, due and payable as follows: Fifty (50%)
percent deposit upon execution of this agreement, and the
balance due ten (10) days after date of Display, plus one
(1%) percent service charge on accounts over thirty (30)
days past due.
10. ATTORNEY'S FEES AND COSTS.
This contract shall be governed by the laws of the
State of California. Should any legal action be brought to
enforce or interpret the terms or provisions of this
agreement, any court of competent jurisdiction located in
the County of San Diego, California shall be proper venue
for an action. If any legal action is brought to enforce or
interpret the terms or provisions of this agreement, the
prevailing party shall be entitled to reasonable attorney's
fees and costs in addition to any other relief to which they
may be entitled.
11. PARTIES INDEPENDENCE.
It is further agreed that nothing in this Agreement
shall be construed as forming a partnership, the Parties
hereto being severally responsible for their own separate
debts and obligations, and neither Party shall be held
responsible for any agreements not stipulated in this
Agreement.
12. NOTICE TO PARTIES.
Any Notice to Parties required under this Agreement to
be given to either party may be given by deposition in the
United States mail, postage prepaid, first class, a notice
addressed to the following:
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City:
City of Chula Vista
Attn: Beverly Authelet, City Clerk
276 Fourth Avenue
Chula Vista, California 91910
Contractor:
San Diego Fireworks, Inc.
p.o. Box 900186
San Diego, CA 92190
13. SUCCESSORS.
The terms, conditions and payments of this Agreement
shall be binding upon the Parties themselves and on their
heirs, executors, administrators, successors and assigns.
14. ENTIRE AGREEMENT
All terms of this Agreement are in writing and may only
be modified by written Agreement of the Parties hereto.
Both Parties acknowledge they have received a copy of said
written Agreement and agree to be bound by said terms of
written agreement only.
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IN WITNESS WHEREOF the Parties hereto, by and through
their duly authorized agents, have set their hands and seals
as of the day and year first above written.
City of Chula Vista,
A Municipal Corporation.
by:
its Mayor
ATTEST:
Beverly Authelet, City Clerk
(SEAL)
APPROVED AS TO FORM:
BRUCE M. BOOGAARD,
City Attorney
San Diego Fireworks, Inc.,
a California Corporation
By
David L. Bain,
General Manager
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BILL OF MATERIALS
PREPARED FOR
City of Chula Vista
August 21, 1994
Program A
AERIAL FIREWORKS DISPLAY:
20 3" Assorted Brilliant Color Aerial Shells
20 3" Assorted Fancy Pattern and Multiple Color Aerial Shells
15 3" Assorted Oriental Floral Pattern Aerial Shells
10 3" Assorted Special Effects Aerial Shells
5 3" Assorted Deluxe Special Effect Aerial Shells
10 4" Assorted Brilliant Color Aerial Shells
10 4" Assorted Fancy Pattern and Multiple Color Aerial Shells
.5 4" Assorted Oriental Floral Pattern Aerial Shells
.,
5 4" Assorted Special Effects Aerial Shells
8 5" Assorted Brilliant Color Aerial Shells
4 5" Assorted Fancy Pattern and Multiple Color Aerial Shells
2 5" Assorted Oriental Floral Pattern Aerial Shells
2 5" Assorted Special Effects Aerial Shells
Page 1
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BILL OF MATERIALS
PREPARED FOR
City of Chula Vista
August 21, 1994
Program A
,
GRAND AERIAL FINALE:
30
10
1
3"
Assorted Brilliant Color Aerial Finale Shells
Assorted Brilliant Color Aerial Finale Shells
Assorted Special Pattern Aerial Finale Shells
4"
6"
Total Price of Display: $2,000.00.
Total Shells in Display: 157
.
Page 21/' ... / Y
...
C-I
SAN DIEGO UNIFIED PORT DISTRICT
TIDELAND ACTIVITY PERMIT
PERMITIEE:
City of Chula Vista
USE OR ACTIVITY: Symphony Pops Concert
LOCATION FOR WHICH PERMIT ISSUED:
Marina View Park
EFFECTIVE DATES: AU9ust 21, 1994
SECURITY DEPOSIT: N/A
THIS PERMIT FOR TIDELAND USE IS ISSUED SUBJECT TO THE FOLLOWING
TERMS AND CONDITIONS:
1. Permittee shall comply with all applicable laws, rules and regulations of
the District and other governmental entities.
2. Permittee shall keep the property and all equipment used In connection
with this permit In a clean, safe and sanitary manner and In good repair at all
times. All or any portion of the security deposit shall be available
unconditionally to the District for the purpose of cleaning or repairing
damages to the property upon termination of this permit.
3. This permit may be cancelled by either party by the giving of twenty-four
(24) hours notice In writing to the other party. Such cancellation shall be
without liability of any nature.
4. This permit shall not be transferred or assigned.
6. Permittee shall defend, Indemnify, and hold harmless Dlstrlct,lts officers
and employees against all causes of action, for judicial relief of any kind, for
damage to property of any kind whatsoever, and to whomever .,.Ionglng,
Including Permittee, or Injury to or death of any person or persons,lncludlng
employees of Permittee, reSUlting directly or Indirectly from activities In
connection with the Inuance and performance of this permit or arising from
the use of the property, facilities or services of District, Its officers or
employees.
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6. Permittee shall maintain comprehensive public liability (covering
operations, products and completed operations) and blanket contractual
coverage Insurance throughout the term of this permit. The policies shall. as
. minimum, provide the following forms of coverage:
$1 Million combined single limit
(A) Personal Injury and Bodily Injury:
One Person $
One Occurrence $
(8) Property Damage $
Certificates of such Insurance, In a form satisfactory to the District, shall be
flied with District's Community Relations Department. Insurance certificates
filed pursuant to this permit shall contain a non-cancellatlon-wlthout-notlce
clause and shall provide that copies of cancellation notices shall be sent .to
the District.
7. The rights and privileges extended by this permit are non-exclusive.
8. Permittee shall not engage In any activity on property of the District other
than the activity for which this permit Is expressly Issued.
9. Permittee shall be subject to and comply with any special conditions
attached hereto.
10. Permittee shall comply with all requirements and directives of the Port
Director of District.
11. In the event of failure of Permittee to comply with any provision of this
permit, this permit may, at the discretion of the Port Director, be terminated
Immediately.
SAN DIEGO UNIFIED PORT DISTRICT
Approved:
Permittee hereby accepts this permit and agrees to comply with all the terms and
conditions thereof.
Permittee's signature
~
Address:
City of Chula Vista
Parks and Recreation Department
276 Fourth AvpnllP rhlllrl Vi,trl rA Qlq1n
Telephone: 691-5071 Contact: John Gates
(2)
8'- .2.0
~
c-.:;
"
CHECKLIST FOR THE USE OF TIDELAND PROPERTY
Dale request received
in CR Dept.:
Please comDlete each Item below.
1. Sponsoring individual or group:
City of Chula Vista
2. Address and telephone number of contact person:
John Gates, Senior Recreation Supervisor
City of Chula Vista Parks and Recreation Department
276 Fourth Ave. Chula vista, CA 91910
691-5071
3. What type of event is planned?
Symphony Pops Concert
4. Where exactly on the bayfront?
West end of Marina View Park
5. Day and date of event:
Sunday, August 21, 1994
S. Time: Start 7:00 a.m. Finish 10:00 p.m.
7. Will traffic be affected?
Traffic in the area will increase between 6:00 and 10:00 p.m. Chula Vista
Police will coordinate traffic control
B. How many persons expected to attend?
4,000 - 6,000
9. If large group, what security arrangements have been made?
Chula Vista Police will coordinate crowd control
10. If commercial or catered event, do you have liability insurance coverag8'?
N/A
Please return this checklist (within 10 working days) or your request for an event on Port tidelands will be
canceled.
4/ll3
}t').J
~
SYMPHONY POPS CONCERT BUDGET
Generator Rental
Fireworks
Promotions
Portable Toilet Rental
Shuttle Bus Service
Traffic Control Equipment Rental
Misc. Equipment (stakes, flag line, barrier tape, etc.)
Police Services
Electrician Services
Parks & Recreation Staff - Recreation Supv II
Recreation Leader
Sr. Gardener
Gardener II
Gardener 1
Gardener 1
$
650.00
2,000.00
3,000.00
800.00
700.00
200.00
175.00
1,700.00
320.00
390.00
595.00
175.00
155.00
135.00
125.00
TOTAL
$11,120.00
popsbud,g,94
8~~~
COUNCIL AGENDA STATEMENT
Item q
Meeting Date 8/16/94
ITEM TITLE:
Resolution n(,le.. Authorizing the City of Chula Vista to participate
in FY 1994-95 San Diego County Co-Permittee Joint Wet Weather
Monitoring Agreement . .. /
Director of pu~lic Work~{'tf!
City Manager (q\L-'\(g (4/5ths Vote: Yes _NoX)
k,t
SUBMITTED BY:
REVIEWED BY:
The Regional Water Quality Control Board (RWQCB), through its Executive Officer, has
specified a wet weather storm water monitoring program to be implemented by the San Diego
County Municipal Storm Water Discharge Co-Permittees during the FY 1994-95 storm season.
The sampling and testing requirements of the monitoring program are detailed in the RWQCB,
San Diego Region document entitled "Monitoring and Reporting Program Order No. 90-42"
dated June 30, 1994 (copy enclosed).
It is proposed that the San Diego County Co-Permittees agree to participate, for the second
year, in a cooperative program to accomplish the required wet weather monitoring and to share
the costs of the monitoring. It is necessary to retain a consultant to conduct this required wet
weather monitoring in compliance with RWQCB Order No. 90-42 (US. Environmental
Protection Agency Permit No. CAOI08758). The City of San Diego, as principal permittee and
leader in the implementation of Order No. 90-42, will retain that consultant and administer a
contract with said consultant on behalf of the San Diego County co-permittees.
RECOMMENDATION: That Council approve the agreement and authorize the City
Engineer to execute on behalf of City.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On July 20, 1990 the RWQCB issued an "early" NPDES permit (RWQCB Order No. 90-42),
a waste discharge permit regulating discharges from municipal storm water conveyance systems
in San Diego County, for the San Diego Region. The permit covers all of the eighteen
incorporated cities, the County of San Diego, and the San Diego Unified Port District One
task requires the development and implementation of a wet weather monitoring program.
On June 30, 1994, the Executive Officer of the RWQCB, San Diego Region, administratively
issued "Monitoring and Reporting Program Order No. 90-42". This program consists, in
general, of obtaining grab and/or flow-composited storm water and sediment samples and
9,/
Page 2, Item q
Meeting Date 8/16/94
performing chemical and physical analyses on said samples. The co-permittees do not have
the staff expertise to perform the required sampling and testing. Therefore, it is necessary to
retain a consultant to conduct the monitoring program in compliance with RWQCB Order No.
90-42 (U.S. Environmental Protection Agency Permit No. CAOI08758).
This is the second year that the San Diego County Co-Permittees will have agreed to
participate in a cooperative program to accomplish the wet weather monitoring required by
RWQCB Order No. 90-42 and to share the costs of said monitoring. As in FY 1993-94, the
agreement will bind the City of San Diego, which is the principal permittee and leader in the
implementation of Order No. 90-42 , with the responsibility of retaining a consultant, with the
advice and consent of the San Diego County co-permittees. Further, the City of San Diego
will administer a contract with said consultant on behalf of the co-permittees. The agreement
specifies that costs to the City of San Diego for the administration of the consultant contract
will be borne solely by the City of San Diego. The agreement further specifies that each
agency's share of the FY 1994-95 wet weather monitoring program costs shall be based upon
a formula in which one-half of the program costs are divided evenly among the co-permittees
and one-half of the program costs are divided based upon urbanized population in accordance
with the Co-permittee Implementation Agreement, adopted by City Council Resolution Number
16072. All of the San Diego County co-permittees have received the agreement and their staffs
are currently seeking their respective agencies' authorizations to participate in said agreement.
Chula Vista's share of the co-permittee wet weather monitoring program was $9,772.73 in FY
1993-94 out of a total program cost of approximately $185,000. Because this amount was
under $10,000, Chula Vista's participation was approved administratively, in accordance with
City procurement policy, and did not require City Council authorization. Chula Vista's share
in FY 1994-95 will not exceed $28,018.12, based upon a projected total program cost of
approximately $500,000. RWQCB conditionally approved the first year's program (1993-94)
with the indication that the same program would not be approved by 1994-95. For the 1994-95
program, the RWQCB mandated more stream monitoring stations and the addition of
construction site monitoring. Thus, the cost of the wet weather monitoring program is
increasing from $185,000 in 1993-94 to approximately $500,000 for 1994-95. The agreement
provides for fifty percent of Chula Vista's maximum share ($14,014.06) to be paid to the City
of San Diego by January 1, 1995. At the conclusion of the wet weather season, and after all
consultant billings have been received, the City of San Diego will invoice the co-permittees
for the balance due in accordance with the cost-sharing formula specified above.
If the City does not participate in the FY 1994-95 San Diego County Co-Permittee Joint Wet
Weather Monitoring Agreement, RWQCB staff has indicated that the RWQCB will order
Chula Vista to individually develop and implement a total wet weather monitoring program.
Staff estimates the cost to the City for such a program to be from $150,000 to $200,000 per
year, based upon overall consultant costs to the co-permittees for the performance of wet
weather monitoring in FY 1993-94. The RWQCB has indicated that they would prefer to deal
1':2.
Page 3, Item ~
Meeting Date 8/16/94
with all the agencies on the cooperative permit, but that if any Cities do not wish to be a part
of that permit, those cities would be required to set up a full, but scaled down program. The
full program includes setting up monitoring sites for commercial, residential and industrial uses,
construction sites, and sediment monitoring in San Diego Bay. Because there would be many
more monitoring sites in Chula Vista and other elements such as the sediment monitoring
would be duplicative of the regional effort, the costs for a separate program are considerably
higher. These costs also include consultant sampling and laboratory testing three times per
year at each of four to six storm water conveyance system outfall locations within the City of
Chula Vista, whereas the approved cooperative program includes only two sites in Chula Vista.
FISCAL IMPACT: Not-to-exceed $28,018.12 in FY 1994-95. It is proposed that the cost
of consultant services be funded using unencumbered funds from the Storm Drain Revenue
Fund (Fund Number 227), which was established in July 1990 for the purpose of funding the
implementation of the NPDES program. Funds in the amount of $95,000 to cover Chula
Vista's share of wet weather monitoring consultant costs have been programmed as part of the
approved FY 1994-95 NPDES Program budget. This difference in budgeted versus actual costs
is due to the fact that the co-permittees were uncertain as to what the final requirements for
the FY 1994-95 wet weather monitoring program would be.
Attachment: Copy of Agreement
KPNkpa
cc: File No. KY-181
[M:\HO?vIE\ENGINEER\AGENDA \ WETAGREE.l13}
9.J
RESOLUTION NO. 176,1"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY OF CHULA
VISTA TO PARTICIPATE IN FY 1994-95 SAN DIEGO
COUNTY CO-PERMITTEE JOINT WET WEATHER
MONITORING AGREEMENT
WHEREAS, the Regional Water Quality Control Board
(RWQCB), through its Executive Officer, has specified a wet weather
storm water monitoring program to be implemented by the San Diego
County Municipal Storm Water Discharge Co-Permittees during the FY
1994-95 storm season; and
WHEREAS, the sampling and testing requirements of the
monitoring program are detailed in the RWQCB, San Diego Region
document entitled "Monitoring and Reporting Program Order No. 90-
42" dated June 30, 1994; and
WHEREAS, it is proposed
Permittees agree to participate,
cooperative program to accomplish
monitoring and to share the costs of
that the San Diego County Co-
for the second year, in a
the required wet weather
the monitoring; and
WHEREAS, it is necessary to retain a consultant to
conduct this required wet weather monitoring in compliance with
RWQCB Order No. 90-42 (U.S. Environmental Protection Agency Permit
No. CA0108758); and
WHEREAS, the city of San Diego, as principal permittee
and leader in the implementation of Order No. 90-42, will retain
that consultant and administer a contract with said consultant on
behalf of the San Diego County co-permittees.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby authorize the City of Chula vista
to participate in FY 1994-95 San Diego County Co-Permittee Joint
Wet Weather Monitoring Agreement.
BE IT FURTHER RESOLVED that the City
authorized to execute said agreement on beh
r is hereby
city.
Presented by
OJhY
John P. Lippitt, Director of
Public Works
C:\rs\wetagree
9-J/
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN DIEGO REGION
STORMWATER PERMIT NO. 0108758
BOARD ORDER NO. 90-42
/
.j
CO-PERMITTEE JOINT WET WEATHER MONITORING AGREEMENT
The San Diego Regional Water Quality Control Board, through its
Executive Director, has determined a wet weather stormwater
monitoring program to be performed by the San Diego County
Stormwater co-permittees during the 1994-95 storm season, the
general parameters of which are spelled out in the attached
document which is made a part of this agreement. The details of
the monitoring program are to be developed by the co-permittees
pursuant to these guidelines. It has been estimated that the total
cost of the monitoring programs outlined in the attached document
will be between $400,000 and $500,000.
It is hereby agreed by all of the said co-permittees that:
1. The City of San Diego, as principal Permittee, will publish a
Request For Proposals, interview prospective consultants and,
with the advice and consent of the other co-permittees, select
a consultant and negotiate a contract.
2. The contract with the Stormwater Monitoring consultant will be
administered by the City of San Diego at no cost to the co-
permittees.
3. The division of costs for the Stormwater Monitoring Program
for the 1994-95 storm season will be based on the percentages
in the attached table for each co-permittee.
4. The total liability for the 1994-95 Stormwater Monitoring
Program will not exceed the amount shown for each co-permittee
based on a total Program cost of $500,000.
5. Each co-permittee shall pay to the city of San Diego by
January 1, 1995, fifty percent (50%) of the amount shown in
the attached table under the $500,000 Program total.
6. At the conclusion of the 1994-95 Stormwater Monitoring Program
when the total cost of said program is calculated, the City of
San Diego will invoice the co-permittees for the balance due
according to the percentages in said table for each co-
permittee.
It is hereby agreed that Chula vista I s share of the above-
referenced monitoring program for the 1994-95 wet weather season
shall be 5.6036% of the total cost, not to exceed $28,018.12 and
that Chula vista will pay to the City of San Diego up to and
including that amount when properly invoiced for work performed.
The City of San Diego shall provide to each co-permittee a detailed
accounting of the work done and costs incurred by the end of Fiscal
Year 1995.
Accepted this
day of
, 1994.
By
. Authorized Representative
Title:
q.,s
J
ESTIMATED MONITORING COST PER JURISDICTION
(50/50 SPLIT)
'10 Ul'
% OF TOTAL POPUlATION TOTAL TOTAL
JURISDICTION POPULATION POPULATION BASE FEE FEE FEE COST
'ARLSBAD 65,802 2.8184% $ 12500.00 $7,045.92 $19545.92 3.9092%
-HULA VISTA 144,924 6.2072% S12500.00 $15,518.12 $28 018.12 5.6036%
-ORONADO 17,973 0.7698% $12500.00 $1,924.51 $14,424.51 2.8849%
nEL MAR 5,031 0.2155% $ 12500.00 S538.71 SI3.038.71 2.6077%
~CAJON 89,402 3.8292% S12,500.00 S9,572.96 S22,072.96 4.4146%
NCINITAS 55,708 2.3860% $12,500.00 $5 965.08 SI8,465.08 3.6930%
ESCONDIDa 113.949 4.8806% $ 12,500.00 S12,201.39 $24,701.39 4.9403%
MPERIAL BCH. 27 110 1.1612% $12,500.00 S2,902.88 $15.402.88 3.0806%
LA MESA 54,597 2.3384% SI2,500.00 S5 846.12 S 18.346.12 3.6692%
LEMON GROVE 24 210 1.0369% SI2,500.00 S2592.35 $ 15 092.35 3.0185%
NAT'LCITY 49,852 2.1352% $ 12,500.00 S5 338.04 SI7,838.04 3.5676%
XEANSIDE 140,484 6.0J71 % $12,500.00 SI5042.70 $27,542.70 5.5085%
POWAY 45,925 1.9670% SI2,500.00 S4917.54 S17417.54 3.4835%
SAN DIEGO 1,126,450 48.2471% S 12500.00 SI20,617.63 SI33,117.63 26.6235%
!sAN MARCOS 44,342 1.8992% S 12,500.00 $4,748.04 S 17,248.04 3.4496%
ANTEE 53,005 2.2703% $12500.00 $5675.65 $18175.65 3.6351%
OLANA BEACH 13,337 0.5712% SI2,500.00 S1 428.09 $13 928.09 2.7856%
lISTA 76,653 3.2831% $12500.00 S8,207.82 $20,707.82 4.1416%
COUNTY' 186,000 7.9666% SI2,500.00 S19916.45 S32,416.45 6.4833%
IPORT DISTRICT 0 0.0000% SI2,500.00 SO.OO SI2,500.00 2.5000%
2,334.754 100.0000% $2.\0,000.00 $250,000.00 $500,000.00 100.0000%
'COUNTY POPULATION. URBANIZED AREAS ONLY
'1..10
COUNCIL AGENDA STATEMENT
Item \ 0
Meeting Date 8/16/94
SUBMITTED BY:
Resolution 111.1, Approving Agreement Between the City of Chula Vista
and Woodward-Clyde Consultants for National Pollutant Discharge Elimination
System (NPDES) Dry Weather Discharge Field Screening and Illegal Discharge
Detection Services
Director of Public woryrP
/ it~
City Manager 0' '<l. (4/5ths Vote: Yes _NoX)
~,f
ITEM TITLE:
REVIEWED BY:
On July 20, 1990 the Regional Water Quality Control Board (RWQCB) issued an "early" NPDES
permit (RWQCB Order No. 90-42) for the San Diego Region. The permit covers all of the eighteen
incorporated cities, the County of San Diego, and the San Diego Unified Port District. Order No. 90-
42, which is a waste discharge permit regulating discharges from municipal storm water conveyance
systems in San Diego County, specifies a number of tasks that must be undertaken by each agency.
One task requires all agencies to annually conduct dry weather discharge field screening (effluent
sampling, chemical analyses, and observation of physical conditions) at major outfalls at least twice
per dry weather season (May through October of each year) in order to detect illegal discharges to the
storm water conveyance system and to identify, if possible, the sources of said illegal discharges.
Order No. 90-42 further requires permittees to eliminate all identified illicit connections and illegal
discharges by July 16, 1995, which is the expiration date for Order No. 90-42. Upon expiration of
Order No. 90-42, a new five-year permit will be issued with new compliance dates.
Due to the expertise and specialized equipment necessary to perform dry weather discharge field
screening and illegal discharge detection services, staff considered it necessary to retain an outside
consultant and requested proposals from qualified engineering and environmental consulting firms.
Staff received eight (8) proposals and has determined the firm of Woodward-Clyde Consultants to be
the most qualified of the eight firms responding to our request for proposals. Therefore, staff
recommends that Woodward-Clyde Consultants be retained to perform Dry Weather Field Screening
and Illegal Discharge Detection Services on an hourly rate/unit cost basis for a fee not to exceed
$60,000 in Fiscal Year 1994-95. The City has the option to extend the agreement for up to two
additional one-year terms.
RECOMMENDATION: That Council approve the agreement and authorize the Mayor to execute
on behalf of City.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
JQ~I
DISCUSSION:
Page 2, Item _10
Meeting Date 8/16/94
L Contract Obi ectives
The scope of work of the contract consists of the following tasks:
Task la:
Task lb:
Task 2:
Task 3:
Perform dry weather field screening at the sampling locations listed in
Attachments 1 and 2 of the proposed agreement. At sampling locations where
flow is observed, at least two samples must be collected within 24 hours of each
other and at least 4 hours apart. Field screen for those parameters listed on the
"Field Screening Data Sheet" shown in Attachment 3 of the proposed agreement.
At locations where flow is observed, perform instrumental determination of
physical conditions and field chemical analysis for the constituents identified in
the "Field Screening Data Sheet". Field screening shall be performed at least
twice per dry season at each location, as determined by the City. The consultant
shall commence field screening within five working days of request to do so (to
be performed in conjunction with Task lb).
Obtain laboratory samples for further testing if information obtained through
field screening procedures indicates elevated levels of pollutants and/or a
possible illegal discharge. Laboratory sample analysis includes testing for those
constituents listed in Attachment "A" and/or other tests that may be necessary
to identify pollutants (to be performed in conjunction with Task la).
Perform upstream storm water conveyance system effiuent sampling and
analyses, as authorized by the City, as may be necessary to identify the upstream
source(s) of pollutants. Task 2 is applicable only when elevated levels of
pollutants are detected or observed during the performance of Task 1 (Task 1 a
and Task lb combined), Dry Weather Field Screening.
Perform additional storm water conveyance system effiuent sampling and
analysis, as authorized by the City, as may be necessary to identify pollutant
sources, on an on-call, as-needed basis during the life of the agreement. The
consultant will commence sampling and analysis within one working day of
request to do so. Task 3 is applicable at all times when the consultant is not
performing dry weather field screening tasks and is called by the City.
II. Discussion of Alternatives
Before advertising the Request for Proposals (RFP) for the proposed contract, staff explored
the following alternatives to hiring a consultant to perform the required tasks.
JO~.;J..
Page 3, Item lO
Meeting Date 8/16/94
Alternative 1 - "Work verformed bv Citv staff"
Dry weather field screening and illegal discharge detection work requires specialized training
for:
I. Sampling, testing, handling, and disposal of laboratory specimens and hazardous
materials;
2. Laboratory standards and test procedures;
3. Laboratory equipment maintenance and calibration;
4. Laboratory and field Quality Assurance/Quality Control procedures;
5. Confined space entry procedures; and,
6. Pollutant source identification.
Performing this work in-house would also require an initial capital outlay for:
I. Extensive and sophisticated laboratory equipment;
2. Laboratory chemicals and reagents; and
3. Construction of a humidity-controlled and temperature-controlled laboratory.
The total cost for this equipment and for laboratory construction/set-up is unknown, but would
easily exceed $500,000, based upon the type of equipment and space required. In addition,
recurring operating costs for regular maintenance, replacement and calibration of equipment,
as well as periodic laboratory certification and proficiency evaluation, would be incurred by
the City. More importantly, City staff does not have the expertise necessary to administer this
process at this time. Furthermore, hiring additional staff and purchasing testing equipment is
not recommended when compared to the cost-effectiveness of hiring a consultant.
Alternative 2 - "Perform basic drv weather field screenini! work in-house and hirini! a
consultant to verform laboratory testini! and analvses"
Under this alternative, staff would perform basic dry weather field screening, which involves
non-standardized testing and visually observing/recording physical conditions at each outfall
location. This alternative is not recommended because if an illegal discharge is suspected
during field screening, then additional samples would have to be obtained immediately for
laboratory testing to determine the potential source or sources of said illegal discharges. City
staff does not have the expertise to do this and to determine which laboratory tests should be
conducted for a given sample based upon field sampling, visual observations, and experience.
Further, if the results of laboratory testing should be used to fine or prosecute polluters, an
independent consultant's tests results/testimony would be considered less biased and more
reliable than test results/testimony of the fining or prosecuting agency (i.e. the City of Chula
Vista).
In the future, staff will take it upon themselves to learn field screening methods,
sampling/handling procedures, and illegal discharge detection procedures so that a larger
portion of this work may be performed by in-house personnel.
IP. ;S
Page 4, Item
Meeting Date
/0
8/16/94
Alternative 3 - Do a drv weather prollYam under the co-oermittee coooerative allYeement
Staff explored the possibility of a regional approach toward this program in a similar manner
to the San Diego County co-permittee joint wet weather monitoring agreement. Unlike the wet
weather monitoring, the requirements for dry weather monitoring were much more tailored to
the individual cities and their corresponding drainage infrastructures. Therefore, the co-
permittee agencies did not believe that a dry weather program was feasible. The dry weather
program must look at the individual system unlike the wet weather program that looks at the
overall levels of pollution in regional watercourses, the bay and ocean.
III. Consultant selection orocess
Public WorkslEngineering Division staff followed the City Municipal Code Section 2.56,
Ordinance 2517, and Council Policy 102-05 in the consultant selection process. As required,
a Request for Proposal (RFP) was prepared by staff in accordance with the above-mentioned
Municipal Code, Ordinance, and Policy. The RFP was sent to sixteen (16) professional firms
specializing in environmental and/or engineering consultant services, and a notice was
published in The Star News and the San Diego Union-Tribune newspapers. Twenty-five (25)
firms responded to the invitation and requested the RFP documents.
The RFP included a description of the Scope of Services requested and the deliverables to be
provided. Each firm was asked to provide:
1. A statement of general qualifications;
2. Names and qualifications of all key personnel to be used in the project, including any
sub-consultants;
3. The location of the office where the work is to be performed;
4. Experience in performing similar type of work in the San Diego region and/or the State
of California, with a particular emphasis on local experience; and,
5. The ability to coordinate with the City of Chula Vista's representatives and to properly
coordinate all activities, including field and laboratory work.
The RFP also indicated that the City had developed an objective evaluation criteria to assist
in the evaluation and selection of the consulting firm. The evaluation criteria included, but was
not limited to, the following (no particular order):
1. Ability to fulfill the requirements of the requested Scope of Services;
2. References and experience;
3. Qualifications and expertise of key personnel, including sub-consultants, if utilized;
4. Business reputation;
5. Cost/fee schedule;
6. Completeness of the proposal and responses to the items presented in the RFP;
7. Company/team stability;
8. Facility inspection, if necessary; and,
It? ~ i
Page 5, Item 10
Meeting Date 8/16/94
9. Proximity of the consultant and sub-consultant offices to San Diego County and the
City of Chula Vista.
The RFP also requested that all proposals state the consultant's desire to extend the contract
on an annual basis to cover Fiscal Years 1995-96 and 1996-97.
The RFP requested that consultants provide hourly rates and unit costs for the required
services. Hourly rates and unit costs were requested because the actual field services and
laboratory services cannot be determined due to the transient and unpredictable nature of
discharges to the storm water conveyance system during the dry weather season. Eight firms
formally responded to the RFP. They are as follows (no particular order):
Geocon Consulting Engineers
Woodward-Clyde Consultants
Kinnetic Laboratories/ToxScan, Inc.
Barrett Consulting Group
Dudek and Associates
Bryan A. Stirrat and Associates, Inc.
EnecoTech, Inc.
Ellorin Consulting Engineers
The hourly rates and unit costs are not presented due to the large number of line items
involved.
IV. RFP Evaluation Process
The Selection Committee was appointed by the City Manager in accordance with the City
Municipal Code Section 2.56 consisted of the following three members:
Dennis Davies, Civil Engineer
Kirk Ammerman, Assistant Civil Engineer
Majed Al-Ghafry, Assistant Civil Engineer
The committee members were provided with individual copies of each one of the eight
responses and each member was charged with rating the proposals in accordance with the
evaluation criteria.
On February 7, 1994, the committee interviewed the top three firms, which were also the only
firms with municipal field screening experience. At the conclusion of the interview, the
committee ranked the consultant firms as follows:
/GJ.. .>
Page 6, Item 10
Meeting Date 8/16/94
Total Points
Ranking Firm (Maximum 300 Points Possible)
I Woodward-Clyde & Associates 275
2 Kinnetic Laboratories, Inc. 248
3 Ellorio Consulting Engineers 241
The selection of Woodward-Clyde & Associates as the most qualified firm for the job was
based upon: I) overall better knowledge of the scope of work and NPDES regulations and
requirements; 2) excellent references; 3) presentation in the interview; 4) extensive experience
in performing illegal discharge detection investigations; and, 5) strongest project team.
Kinnetic Laboratories, Inc. (ranked second) received a lower rating than Woodward-Clyde
Consultants, in part, because their responses did not demonstrate the same level of knowledge
and expertise as Woodward Clyde Consultants' responses. Although the Selection Committee
considered these two consultants to be equally qualified with respect to scientific expertise,
Woodward-Clyde Consultants was selected over Kinnetic Laboratories, Inc. because of their
overall better nonpoint source pollution experience, including pollutant source identification.
Ellorin Consulting Engineers were ranked third because of their I) limited experience in the
NPDES Storm Water Program; 2) limited references; and, 3) limited knowledge of illegal
discharge detection procedures.
Staff recommends hiring Woodward-Clyde Consultants based on their better qualifications to
perform the scope of services requested. The following factors were also important in selecting
and recommending Woodward-Clyde Consultants:
1. Knowledge of the Scope of Work - Dry weather discharge field screening and illegal
discharge detection services require an in-depth understanding and knowledge of the
NPDES Program. The consultant performed the initial studies for the U.S.
Environmental Protection Agency in the 1970' s and early 1980' s that led to the NPDES
Storm Water Regulations. The consultant has also developed a number of professional
and technical guidance documents for the U.S. Environmental Protection Agency,
including dry weather field screening guidances and field manuals used by industries
and municipalities throughout the United States.
2. Consultant References - Woodward-Clyde Consultant references were excellent and
were more diverse than the other two consultants.
3. Proiect Team - Woodward-Clyde Consultants is also proposing a technically stronger
project team (Woodward-Clyde Consultants, Analytical Technologies, Inc.
Environmental Engineering Laboratory, and Pacific Treatment Environmental Services,
Inc.). This will insure the quality and adequacy of the dry weather discharge field
screening and illegal discharge detection work. Woodward-Clyde Consultants will
/t/,,~
Page 7, Item _, 0
Meeting Date 8/16/94
perform all of the field work. Analytical Technologies, Inc. will perform most of the
laboratory testing, except for biological testing, which will be performed by
Environmental Engineering Laboratory. Pacific Treatment Environmental Services, Inc.
will provide proper disposal of hazardous materials including used chemical reagents.
4. Costs - The consultants were requested to estimate the costs to the City for their
completion of Task la. The consultants were further requested to provide a total cost
to perform those tests listed in Attachment "A". Assuming flow conditions at fifty
percent of the outfalls and elevated pollutant levels at ten of those outfalls (worst-case
scenarios), the following estimated costs were calculated for Task I (Tasks la and Ib
combined):
Hourly Rate for Cost for Lab Tests Listed Estimated Total Cost
2-Person Field in Attachment "A" for Task 1
Firm Screening Crew (Task Ib)' (Task la & Task Ib)'
Woodward-Clyde $102/Hour 10 sets x $41,190
Consultants $ 719/set
Kinoetic $109/Hour 10 sets x $1I16/set $42,212
Laboratories, Inc.
Ellorin Consulting $ 125/Hour 10 sets x N/A
Engineers $ 896/set
] Assumes ten sets of samples will be obtained at outfalls for laboratory testing during dry weather
field screening operations.
'Total cost calculated by staff.
After the Selection Committee determined that Woodward-Clyde Consultants were the most
qualified and most cost-effective firm for the job, staff began negotiating a contract. As a
result of these negotiations, Woodward-Clyde Consultants agreed to reduce its hourly rate for
the two-person field crew from $102 per hour to $84 per hour and agreed to other, less
significant, reductions in personnel hourly rates. These rate reductions decreased the overall
estimated cost of completing Task I from approximately $41,000 to $36,000 in Fiscal Year
1994-95. Said cost estimate does not include additional costs associated with performing
illegal discharge detection work upstream of the field screened outfalls (Task 2) nor does it
include an estimate to perform illegal discharge detection work on an on-call, as-needed basis
throughout the term of the agreement (Task 3). The following table shows a range of probable
costs to perform basic field screening and illegal discharge detection work upstream of the
outfalls identified in Attachments I and 2 of the proposed agreement, assuming average and
worst-case scenarios (based upon the Consultant's experience in other municipalities) with
respect to the incidence of suspected or actual illegal discharges:
1/)-7
Page 8, Item
Meeting Date
10
8/16/94
Range of Anticipated Costs for
the Performance of Each Task
Probable Probable
Task Minimum Maximum
la Outfall Field Screening (Includes Laboratory Aoalyses of $25,000 $36,000
& Effluent Obtained at the Outfall Locations Listed in
Ib Attachments I and 2 to the Proposed Agreement)
2 Upstream Investigation and Testing During Field Screening $10,000 $15,000
Operations (Assume 4 to 6 Investigations Per Year)
3 Upstream Investigation and Testing on an On-Call/As-Needed $6,000 $ 9,000
Basis throughout the term of the Agreement (Assume 2 to 3
Investigations Per Year)
Totals $41,000 $60,000
It must be noted that funds will be expended to perform Tasks 2 and 3 on Iv if illegal
discharges are suspected during field screening or if reports of illegal discharges are received.
Based upon the above estimates, staff felt that a contract budget of $60,000 per year would be
appropriate, given the vast number of unknowns (i.e., the number of outfalls with flow, the
number of illegal discharges detected or suspected, the number of reports of illegal discharges
received, etc.) in all of the project tasks. Funds remaining from a completed task will be
available to perform another task if necessary. Further, if additional funding is needed to meet
the requirements of RWQCB Order No. 90-42 with respect to field screening and illegal
discharge detection work in Fiscal Year 1994-95, then staff will return to Council with a
request for additional funds.
V. The Agreement
The proposed agreement (attached) with Woodward-Clyde Consultants uses the City's standard
two-party agreement. Under this contract, they agree to perform the entire Scope of Work as
outlined in Exhibit A (Tasks 1, 2 and 3) on an hourly rate/unit cost basis for an amount that
will not exceed $60,000 in Fiscal Year 1994-95. This method of compensation was preferred
over a fixed-fee arrangement because the degree of work that must be performed at each outfall
location is entirely dependent upon whether or not flow is present and whether or not a
possible illegal discharge is detected. In order to provide the services for a fixed-fee, the
consultant would have to assume a "worst-case scenario", which very well could prove to be
more costly to the City than the method of compensation in the proposed contract. This
section details what is required of the firm and is very precise in order to insure that the
consultant performs the services in a manner that will satisfy NPDES Storm Water
requirements and Order No. 90-42.
It should be noted that the proposed agreement is generally similar in nature to previously
approved material testing service agreements, which also provide for compensation on an
hourly rate/unit cost basis.
I~-r
Page 9, Item 10
Meeting Date 8/16/94
Finally, Engineering staff has worked closely with the City Attorney's office to formulate the
proposed agreement.
The initial contract will be for one year. Provisions were included allowing the contract to be
extended, at the City's sole discretion, for an additional one-year term at the same unit rates
as the initial one year term. Further, the contract may be extended by mutual agreement
between the City and the consultant for a second additional one-year term if new unit rates are
successfully negotiated with the consultant. Contract extensions would have to be approved
by the City Council. The possible extension of the contract for up to two years was included
in the Request for Proposal and in the proposed contract to encourage better hourly rates and
unit costs by providing the possibility of a longer contract term, to avoid the time consuming
selection process each year, and to maintain continuity in the Illegal Discharge Detection
Program.
FISCAL IMPACT: Approximately $60,000 annually. Funds in the amount of $85,000 to cover the
cost of dry weather field screening and illegal discharge detection service costs have been programmed
as part of the approved Fiscal Year 1994-95 NPDES Program budget. The cost of illegal discharge
detection work may be offset somewhat by the imposition and collection of fines for dischargers that
willfully and continually violate discharge limitations and prohibitions. The agreement with
Woodward-Clyde Consultants may be cancelled at any time by the City with thirty days written notice.
Further, failure to comply with any aspect of Order No. 90-42 could result in the imposition of up to
$25,000 per day fines by the Regional Water Quality Control Board and the United States
Environmental Protection Agency (i.e., up to $50,000 per day).
Attachments:
A) Laboratory Tests That May Be Performed on Dry Weather Discharge Samples
B) Cost-Comparison Work Sheets
C) Agreement Between City of Chula Vista and Woodward-Clyde Consultants for
National Pollutant Discharge Elimination System (NPDES) Dry Weather
Discharge Field Screening Services and Illegal Discharge Detection Services
KP Nkpa
cc: File No. KY-181
M:\HOME\ENGINEER\ADVPLAN\NPDES\WCCAGREE.l13}
I~" "!t) -It)
RESOLUTION NO. J 7;' I ?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND WOODWARD-CLYDE
CONSULTANTS FOR NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) DRY WEATHER
DISCHARGE FIELD SCREENING AND ILLEGAL
DISCHARGE DETECTION SERVICES
WHEREAS, on July 20, 1990 the Regional Water Quality
Control Board (RWQCB) issued an "early" NPDES permit (RWQCB Order
No. 90-42) for the San Diego Region which covers all of the
eighteen incorporated cities, the County of San Diego, and the San
Diego Unified Port District; and
WHEREAS, Order No. 90-42, which is a waste discharge
permit regulating discharges from municipal storm water conveyance
systems in San Diego County, specifies a number of tasks that must
be undertaken by each agency; and
WHEREAS, one task requires all agencies to annually
conduct dry weather discharge field screening (effluent sampling,
chemical analyses, and observation of physical conditions) at major
outfalls at least twice per dry weather season (May through October
of each year) in order to detect illegal discharges to the storm
water conveyance system and to identify, if possible, the sources
of said illegal discharges; and
WHEREAS, Order No. 90-42 further requires permittees to
eliminate all identified illicit connections and illegal discharges
by July 16, 1995, which is the expiration date for Order No. 90-42.
Upon expiration of Order No. 90-42, a new five-year permit will be
issued with new compliance dates; and
WHEREAS, due to the expertise and specialized equipment
necessary to perform dry weather discharge field screening and
illegal discharge detection services, staff considered it necessary
to retain an outside consultant and requested proposals from
qualified engineering and environmental consulting firms; and
WHEREAS, staff received eight (8) proposals and has
determined the firm of Woodward-Clyde Consultants to be the most
qualified of the eight firms responding to our request for
proposals, therefore, staff recommends that Woodward-Clyde
Consultants be retained to perform Dry Weather Field Screening and
Illegal Discharge Detection Services on an hourly rate/unit cost
basis for a fee not to exceed $60,000 in Fiscal Year 1994-95 with
the City having the option to extend the agreement for up to two
additional one-year terms.
/&-//
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve the Agreement between the
city of Chula vista and Woodward-Clyde Consultants for National
Pollutant Discharge Elimination System (NPDES) Dry Weather
Discharge Field Screening and Illegal Discharge Detection Services,
a copy of which is on file in the office of the city Clerk as
Document No. (to be completed by the City Clerk in the final
document) .
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to e ute said
Agreement for and on behalf of the city of ula 'st.
Bruce M.
Attorney
City
Presented by
John P. Lippitt, Director of
Public Works
c:\rs\woodward
/6" /;2.
ATTACHMENT "A"
Laboratory Tests That May Be Performed on Dry Weather
Discharge Samples if Elevated Levels of Pollutants are
Detected/Observed or if Illegal Discharges are Suspected
During Dry Weather Discharge Field Screening Operations:
Semi-volatile organics
Metals - copper, lead, zinc, selenium, arsenic,
cadmium, chromium, and iron
Nitrates plus nitrite
Total Kjeldahl nitrogen (TKN)
Biochemical Oxygen Demand (BOD)
Fecal and total coliform
Surfactants (MBAS)
Chlorine residual
Total phosphate
Total suspended solids (TSS)
/P" /.:1
ATTACHMENT IIBII
Cost Comparison Worksheet Page 1 of 6
Cost Comparison Worksheets
Contract Consultants and Services vs. In-House Staff
The following forms are to be used for comparisons of the cost of hiring
consultants or contracting for services to the cost of using in-house
staff. Please answer the following questions and complete the attached
Cost Comparison Worksheet. If you have any questions regarding these
forms, please contact the Revenue Manager.
GENERAL :
1. Describe the task(s) to be performed.
Annual Dry Weather Discharge Field Screening (effluent sampling,
chemical analyses, and observation of physical conditions) of stormwater
conveyance system outfalls throughout the Ci ty at least twice per dry
season (May to October) to comply with San Diego Regional Water Quality
Control Board Order No. 90-42. Additional sampling and analyses will be
performed, as may be necessary, to identify nonpoint pollutant sources.
2. What is the expected duration of the project/service (number of weeks,
months, etc.)?
The initial contract will be for one year. The contract may be
renewed, at the City's sole discretion, for an additional one-year term at
the same unit rates as the initial one-year term. Further, the contract
may be renewed, by mutual agreement between the Ci ty and the Consul tant,
for a second additional one-year term if new unit rates are successfully
negotiated with the Consultant.
3. How frequently does the City need to do this project (times per month
of year, times per development, etc.)?
Field Screening of all outfalls will occur twice per dry season on an
annual basis. Illegal discharge sampling and testing will be performed on
an as-needed basis throughout the year.
4A. Are there any in-house employees who could perform the task?
classification of employee(s)?
What
No. The task is highly specialized and requires thorough knowledge of,
and training in, laboratory methods, sampling procedures, hazardous
materials handling and disposal methods, chain-of-custody procedures, and
pollutant source identification.
4B. If there are such employees, why wouldn't they be utilized in this
situation?
N/A.
I~~ J'I
ATTACHMENT IIBII
Cost Comparison Worksheet Page 2 of 6
4C. If such employees would not be used due to workload, what work would be
displaced if the task were to be performed in-house?
N/A.
4D. If workload is a factor, could staff of lower classification be
to handle extra work so that staff of higher classification
concentrate their time on the task? Explain.
hired
could
N/A.
5. Would the project take more or
contractor (e.g. consultant has
software, etc.)?
less time for in-house staff versus a
pre-prepared boilerplate materials,
More time would be required. Consultant's staff is fully trained in
sampling and testing procedures/protocols/calibration, Quality
Assurance/Quality Control procedures, and hazardous materials handling,
sampling, and disposal. Further, Consultant has extensive knowledge and
expertise in nonpoint pollutant source identification. City staff does not
have the above expertise. Staff acquisi tion of said expertise would
require a commitment of staff time and funding resources for continuing
education, training, and equipment that would not be commensurate with the
benefit obtained.
6A. Are there any qualitative reasons to choose either a contractor or in-
house staff (e.g. special expertise, knowledge of City operations, special
liability issues)? Explain.
Yes. For consultant, please see response to Question No.5, above.
In-house staff has extensive knowledge of the City's stormwater conveyance
system; however, this expertise is a minor part of the services required.
6B. Is the project or service separable into two parts, some of which could
be performed by in-house staff? What would be the benefits/drawbacks of
dividing the task?
No. If an illegal discharge is discovered or suspected during field
screening, then additional samples will have to be obtained immediately for
laboratory testing to determine the potential source(s). Consultant has
the expertise to determine which laboratory tests should be conducted for
a given sample, based upon field sampling and visual observations.
Further, if the results of laboratory testing should be used to fine or
prosecute polluters, an independent consultant's test resul ts/testimony
would be considered less biased and more reliable than test resul ts/
testimony of the fining or prosecuting agency (i.e., City of Chula Vista).
7. Is there any special training that would be required for the service to
be provided by in-house staff? What would be the cost implication of this
training?
Yes. The cost cannot be definitively calculated, but special training
would be required for: sampling, testing, handling, and disposal of
laboratory specimens and hazardous materials; laboratory test procedures;
/0...15
ATTACHMENT
IIBII
Cost Comparison Worksheet Page 3 of 6
laboratory equipment maintenance and calibration;
Quality Assurance/Quality Control procedures;
procedures; and, pollutant source identification.
laboratory and field
confined space entry
SA. Are there any
additional expenses
task? Explain.
special capital items or materials required for
that would be incurred for the city to perform this
Yes. Special capital items required would include sampling equipment
and containers, field test kits and refills, safety equipment, gas analyzer
(for confined space entry), extensive laboratory equipment, laboratory
chemicals/reagents, humidity- and temperature-controlled laboratory, etc.
SB. If the city were to perform this task, what impacts would this have on
the life expectancy/capacity of city equipment? Would upgrades, additional
annual maintenance, or new purchases be required? Explain.
Yes. Regular maintenance and calibration of laboratory and field
equipment, replacement of testing and safety equipment (as-needed), and
annual laboratory certification would be required.
9 . How would
offset these
performance.
this task be funded?
expenditures? Answer
What fees or reimbursements might
for both contract and in-house
Both contract performance and in-house performance of this task would
be funded entirely through Storm Drain Fee revenue, which would include
fines levied against chronic polluters.
CONSULTANT/CONTRACTOR AGREEMENT:
10. Base Contract Cost:
Not-to-Exceed $60,000 per fiscal year, on a time and materials basis.
11. Method and terms of payment.
Time and Materials Contract, with submittal of monthly billings by the
Consultant. Normal payment terms shall apply.
12. If the term of the agreement would be for more than one year, what
provisions apply to COLA or CPI increases?
Please see response to Question
unsuccessful, then the Ci ty will begin
consultant by circulating a Request
consultants.
No.
the
for
2. If negotiations are
process of selecting a new
Proposal among qualified
/"~/V
ATTACHMENT IIBII
Cost Comparison Worksheet Page 4 of 6
13. Applicable rates (including travel, word processing, hourly or daily
charges, clerical support, meeting attendance, sales tax, etc.), estimated
units per rate, and resultant costs (e.g. five trips from LA @ $50/trip =
$250. )
TYPE OF CHARGE RATE ESTIMATED UNITS TOTAL COST
Two-Person Field Crew $ 84/Hour 168 Hours $ 14,112
Three-Person Field Crew $184/Hour 80 Hours $ 14,720
Project Manager $100/Hour 120 Hours $ 12,000
Senior Project Engineer $l13/Hour 12 Hours $ 1,356
Management Oversight $130/Hour 4 Hours $ 520
Health & Safety Officer $ 85/Hour 6 Hours $ 510
Vehicle $ 75/Day 20 Days $ 1,500
Field Supplies (Incl. Various Time/Materials $ 2,450
Waste Disposal)
Miscellaneous Various Time/Materials $ 800
Laboratory Analyses Various Time/Materials $ 12.000
TOTAL $ 59,968
14. Performance guarantees (e.g. withholding of payment for unsatisfactory
work, termination of contract, etc.)
10% Retention, which will be released upon acceptance by City of the
required reports (deliverables).
15. Is consultant/contractor:
Licensed to do business in the city? No. However.
Consultant has submitted a license aoolication to Citv.
Subject to FPPC conflict of interest designation? No.
If so, in what disclosure category should the be required to
file? N/A
16. Additional comments:
Field Screening is a requirement of the City's N.P.D.E.S. Storm Water
Discharge Permit (San Diego Regional Water Quality Control Board Order No.
90-42). Failure to comply with the terms of said permit may result in
fines of up to $25,000 per day.
Note: If a draft agreement is available, please attach a copy.
<< COpy OF DRAFT AGREEMENT ATTACHED >>
/0.,.)7
ATTACHMENT IIBII
Cost Comparison Worksheet Page 5 of 6
City of Chula Vista
Consultant Cost Comparison Worksheet
IN-HOUSE COST
CONSULTANT COST
BASE RATES
Base Contract Cost
BASE RATES
$36.000
Full-Time Equivalent
Employee Hourly Wage
$25.00
Consultant Hourly Rate $84 to $184
Estimated Actual Hours
Additional Rates
(Aggregate Cost)
Total Base Cost
FCR BASED COSTS*
Contract Monitoring/
Support Costs
SUBTOTAL
(Base + Support Costs)
OTHER
Supplies, Furniture,
and Equipment
Business License Tax
Other Applicable Tax
400
Estimated Actual Hours 1000
(Includes Laboratory)
$24.000
$60.000
Total Base Cost $25.000
FCR BASED COSTS
$20.008
Division
FCR Factor
2.593
$80.008
SUBTOTAL
(Base x FCR Factor)
$64.825
OTHER
INCLUDED
INCLUDED
Supplies, Furniture,
and Equipment
More Than
$250.000**
INCLUDED
Other Applicable Tax
TOTAL COST
-----------------------------------------------------------------------
-----------------------------------------------------------------------
More Than
$314.825
$80.008
* For monitoring and support costs, see attached worksheet.
materials
/&..)g/ jllJ-)()
** Laboratory equipment and
ATTACHMENT IIBII
Cost Comparison Worksheet Page 6 of 6
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Agreement between
city of Chula vista
and
Woodward-Clyde Consultants
for National Pollutant Discharge Elimination System
(NPDES) Dry Weather Discharge Field screening
Services and Illegal Discharge Detection Services
This agreement ("Agreement"), dated August 9, 1994 for the
purposes of reference only, and effective as of the date last
executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the city-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business address
is set forth on Exhibit A, paragraph 3, and the entity indicated
on the attached Exhibit A, paragraph 4, as Consultant, whose
business form is set forth on Exhibit A, paragraph 5, and whose
place of business and telephone numbers are set forth on Exhibit
A, paragraph 6 ("Consultant"), and is made with reference to the
following facts:
Recitals
Whereas, the City seeks to comply with all aspects of the
1987 Amendments to the Federal Water Pollution Control Act (Clean
Water Act and its implementing regulations, 33 USCA section 1251
et seq.), the Porter-Cologne Water Quality Control Act
(California Water Code 13020 et seq.) and its implementing
regulations, and the San Diego Regional Water Quality Control
Board Order Number 90-42 (NPDES Permit Number CA 0108758) and any
subsequent amendments thereto; and,
Whereas, in order to comply with Federal and state law, it
is necessary for the city to annually conduct Dry Weather
Discharge Field Screening ("Field Screening") at major outfalls
in order to detect illegal discharges to the storm water
conveyance system and to identify, if possible, the sources of
said illegal discharges; and,
Whereas, the city has determined that it is necessary to
retain the services of Consultant in order to satisfy Field
Screening requirements;
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they can prepare
and deliver the services required of Consultant to city within
the time frames herein provided all in accordance with the terms
and conditions of this Agreement; and,
Whereas, in addition to retaining the services of Consultant
in order to satisfy Field Screening requirements, it is necessary
Field Screening Agreement: Woodward-Clyde Consultants
Page 1
IP-:;'}
and desirable to retain Consultant on an on-call, as-needed
retainer basis during the life of the agreement;
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant
do hereby mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on
the attached Exhibit A, Paragraph 7, entitled "General Duties";
and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according
to, and within the time frames set forth in Exhibit A, Paragraph
8, and deliver to City such Deliverables as are identified in
Exhibit A, Paragraph 8, within the time frames set forth therein,
time being of the essence in this agreement. The General Duties
and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services".
Failure to complete the Defined Services by the times indicated
does not, except at the option of the City, operate to terminate
this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from consultant,
from time to time reduce the Defined Services to be performed by
the Consultant under this Agreement. Upon doing so, city and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional
consulting services related to the Defined Services ("Additional
Services"), and upon doing so in writing, if they are within the
scope of services offered by consultant, Consultant shall perform
same on a time and materials basis at the rates set forth in the
"Rate Schedule" in Exhibit A, Paragraph 11 (Cl, unless a separate
fixed fee is otherwise agreed upon. All compensation for
Additional Services shall be paid monthly as billed.
Field Screening Agreement: Woodward-Clyde Consultants
Page 2
IP~~2
E. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss
by the following insurance coverages, in the following categor-
ies, and to the limits specified, policies of which are issued by
Insurance Companies that have a Best's Rating of "A, Class V" or
better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit
A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names City and Applicant as an Additional Insured, and which is
primary to any policy which the City may otherwise carry
("primary Coverage"), and which treats the employees of the City
and Applicant in the same manner as members of the general public
("Cross-liability Coverage") .
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, unless Errors and Omissions coverage is
included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) certificates of Insurance.
Consultant shall demonstrate proof of coverage herein
required, prior to the commencement of services required under
this Agreement, by delivery of certificates of Insurance
demonstrating same, and further indicating that the policies may
not be canceled without at least thirty (30) days written notice
to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured
coverage, Primary Coverage and CrOSS-liability Coverage required
under Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the city
Field Screening Agreement: Woodward-Clyde Consultants
Page 3
111--.).3
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H. Securitv for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Performance Bond (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Performance Bond"), then Consultant
shall provide to the city a performance bond by a surety and in a
form and amount satisfactory to the Risk Manager or City Attorney
which amount is indicated in the space adjacent to the term,
"Performance Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Letter of Credit (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Letter of Credit"), then Consultant
shall provide to the City an irrevocable letter of credit
callable by the City at their unfettered discretion by submitting
to the bank a letter, signed by the city Manager, stating that
the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and
amount satisfactory to the Risk Manager or city Attorney which
amount is indicated in the space adjacent to the term, "Letter of
Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide security other than a
Performance Bond or a Letter of Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph
entitled "Other Security"), then Consultant shall provide to the
city such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
I. Business License
Consultant agrees to obtain a business license from the city
and to otherwise comply with Title 5 of the Chula vista Municipal
Code.
2. Duties of the city
A. Consultation and Cooperation
city shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule
Field screening Agreement: Woodward-Clyde Consultants
/ t7...). J/
Page 4
therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The City shall permit
access to its office facilities, files and records by Consultant
throughout the term of the agreement. In addition thereto, City
agrees to provide the information, data, items and materials set
forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials
beyond 30 days after authorization to proceed, shall constitute a
basis for the justifiable delay in the Consultant's performance
of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant
submitted to the City periodically as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly, on
the day of the period indicated in Exhibit A, Paragraph 18, City
shall compensate Consultant for all services rendered by Consult-
ant according to the terms and conditions set forth in Exhibit A,
Paragraph 11, adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement,
subject to the requirements for retention set forth in paragraph
19 of Exhibit A, and shall compensate Consultant for out of
pocket expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain
sufficient information as to the propriety of the billing to
permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the city's
account number indicated on Exhibit A, Paragraph 18 (Cl to be
charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have
complied with all executory provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages
Rate is provided in Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the
essence in the completion of this Agreement. It is difficult to
estimate the amount of damages resulting from delay in per-
Field Screening Agreement: Woodward-Clyde Consultants Page 5
/~...25
formance. The parties have used their judgment to arrive at a
reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess
of the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City,
or have withheld from monies due, the sum of Liquidated Damages
Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages
Rate").
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in
writing to the City'S Contract Administrator, or designee, prior
to the expiration of the specified time. Extensions of time,
when granted, will be based upon the effect of delays to the work
and will not be granted for delays to minor portions of work
unless it can be shown that such delays did or will delay the
progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as
an "FPPC filer", Consultant is deemed to be a "Consultant" for
the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
City Clerk on the required statement of Economic Interests in
such reporting categories as are specified in Paragraph 15 of
Exhibit A, or if none are specified, then as determined by the
City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
Field Screening Agreement: Woodward-Clyde Consultants
Page 6
IP'~~
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during
the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's which may result
in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
F. specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the Defined Services, or in
any property within 2 radial miles from the exterior boundaries
of any property which may be the sUbject matter of the Defined
Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise
of future employment, remuneration, consideration, gratuity or
other reward or gain has been made to Consultant or Consultant
Associates in connection with Consultant's performance of this
Agreement. Consultant promises to advise city of any such
promise that may be made during the Term of this Agreement, or
for 12 months thereafter.
Consultant agrees that Consultant Associates shall not
acquire any such Prohibited Interest within the Term of this
Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold
harmless the city, its elected and appointed officers and
employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys' fees)
Field Screening Agreement: Woodward-Clyde Consultants
Page 7
/(/...~ ')
arising out of the conduct of the Consultant, or any agent, or
employee, subcontractors, or others in connection with the
execution of the work covered by this Agreement, except only for
those claims arising from the sole negligence or sole willful
conduct of the city, its officers, or employees. Consultant's
indemnification shall include any and all costs, expenses,
attorneys' fees and liability incurred by the City, its officers,
agents, or employees in defending against such claims, whether
the same proceed to judgment or not. Further, Consultant at its
own expense shall, upon written request by the City, defend any
such suit or action brought against the City, its officers,
agents, or employees. Consultants' indemnification of City shall
not be limited by any prior or subsequent declaration by the
Consultant.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the
right to terminate this Agreement by giving written notice to
Consultant of such termination and specifying the effective date
thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other
materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be
entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up
to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and omissions
In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance
of work under this Agreement has resulted in expense to city
greater than would have resulted if there were no such
negligence, errors, omissions, Consultant shall reimburse City
for any additional expenses incurred by the city. Nothing herein
is intended to limit City'S rights under other provisions of this
agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any
reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination.
In that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
Field Screening Agreement: Woodward-Clyde Consultants
Page 8
/tP...;.r
become City's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant
shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other
materials to the effective date of such termination. Consultant
hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth
herein.
11. Assignability
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City,
which City may not unreasonably deny. City hereby consents to
the assignment of the portions of the Defined Services identified
in Exhibit A, Paragraph 17 to the subconsultants identified
thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
produced in whole or in part under this Agreement shall be
subject to private use, copyrights or patent rights by Consultant
in the united states or in any other country without the express
written consent of City. City shall have unrestricted authority
to publish, disclose (except as may be limited by the provisions
of the Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports,
studies, data, statistics, forms or other materials or properties
produced under this Agreement. Such use for purposes not
reasonably inferred by the Scope of Services shall be at the sole
risk of City.
13. Independent Contractor
City is interested only in the results obtained and
Consultant shall perform as an independent contractor with sole
control of the manner and means of performing the services
required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any
of the Consultant's agents, employees or representatives are, for
all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them
shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave or other
leave benefits.
Field Screening Agreement: Woodward-Clyde Consultants
Page 9
/~~~,
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been
presented in writing and filed with the city and acted upon by
the city in accordance with the procedures set forth in Chapter
1.34 of the Chula vista Municipal Code, as same may from time to
time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
good
OVer
Upon request by City, Consultant shall meet and confer in
faith with City for the purpose of resolving any dispute
the terms of this Agreement.
15.
Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to reCOVer all reasonable costs incurred in the defense
of the claim, including costs and attorney's fees.
16. Statement of Costs
In the event that Consultant prepares a report or document,
or participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or
cause the inclusion of, in said report or document, a statement
of the numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or
document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consult-
ant shall have no authority to act as City's agent to bind city
to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
of California or some other state as a licensed real estate
broker or salesperson. Otherwise, Consultant represents that
neither Consultant, nor their principals are licensed real estate
brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted
to be given pursuant to this Agreement must be in writing. All
Field Screening Agreement: Woodward-Clyde Consultants
Page 10
/~-:Jtl
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United states mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and
capacity and direction from its principal to enter into this
Agreement, and that all resolutions or other actions have been
taken so as to enable it to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the state of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, state
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the city of Chula vista.
Field Screening Agreement: Woodward-Clyde Consultants
Page 11
/d~'1
Signature Page
to
Agreement between City of Chula Vista and
Woodward-Clyde Consultants
for National
(NPDES) Dry
Services and
Pollutant Discharge Elimination System
Weather Discharge Field Screening
Illegal Discharge Detection Services
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood same,
and indicate their full and complete consent to its terms:
, 1994
City of Chula Vista
Dated:
by:
Tim Nader, Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to form:
Bruce M. Boogaard, City Attorney
Woodward-Clyde Consultants
Dated:
By:
Scott S. Moorho se, Vice President/
Operations Manager
Exhibit List to Agreement
(X) Exhibit A.
() Exhibit B.
Field Screening Agreement: Woodward-Clyde Consultants
Page 12
/P" :J).
Exhibit A
to
Agreement between
City of Chula vista
and
Woodward-Clyde Consultants
I.
Effective Date of Agreement:
August 9, 1994
II. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation
of the state of California
( ) Redevelopment Agency of the City of Chula Vista, a
political subdivision of the State of California
( ) Industrial Development Authority of the City of Chula
Vista, a
( ) other:
[insert business form]
III.
Place of Business for City:
City of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
IV. Consultant:
Woodward-Clyde Consultants
Sunroad Plaza 3
1615 Murray Canyon Road, suite 1000
San Diego, California 92108
V. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
VI. Place of Business, Telephone and FAX Number of Consultant:
Sunroad Plaza 3
1615 Murray Canyon Road, suite 1000
San Diego, California 92108
Voice Phone (619) 294-9400
FAX Phone (619) 293-7920
Exhibit A to Field screening Agreement: Woodward-Clyde Consultants
Page 1
It)' ;Jj
VII.
General Duties:
Consultant shall perform Field Screening at various storm
water conveyance system outfalls throughout the City. Consultant
shall perform additional sampling and chemical analyses, as
authorized by City, as may be necessary to identify pollutant
sources.
VIII. scope of Work and Schedule:
A. Detailed Scope of Work:
Consultant shall:
(1) Provide all personnel, equipment, and materials
necessary to perform Field Screening in compliance
with the requirements of federal N.P.D.E.S. Municipal
Stormwater Discharge Regulations (promulgated by the
united States Environmental Protection Agency) and
California Regional Water Quality Control Board Order
Number 90-42, which is on file in the office of the
city Clerk as Document Number C0090-287.
(2) Field Screen for those parameters listed on the
"Field Screening Data Sheet" shown in Attachment 3 of
this exhibit. At locations where flow is observed,
the consultant shall perform instrumental
determination of physical conditions and field
chemical analyses by colorimetric or other approved
method for the constituents identified in the "Field
Screening Data Sheet".
(3) Perform Field Screening at the sampling locations
listed in Attachment 1 and as shown on Attachment 2
(map) of this exhibit. At sampling locations where
flow is observed, at least two grab samples must be
collected within twenty-four hours of each other and
at least four hours apart. Obtain laboratory samples
for further testing if information obtained through
Field Screening procedures indicates elevated levels
of pollutants and/or a possible illegal discharge.
Laboratory sample analysis shall include testing for
semi-volatile organics, metals (copper, lead, zinc,
selenium, arsenic, cadmium, chromium, and iron),
nitrates plus nitrite, total Kjeldahl nitrogen (TKN) ,
biochemical oxygen demand (BOD), fecal and total
coliform, surfactants (MBAS), residual chlorine, total
phosphate, total suspended solids (TSS) , and/or other
tests that may be necessary to identify pollutants.
Field Screening shall be performed at least twice per
dry season at each location, as determined by City.
Consultant shall commence Field Screening within five
working days of request by the City (Deliverable Nos.
1 and 2).
Exhibit A to Field screening Agreement: Woodward-Clyde Consultants
Page 2
)tJ.. J i
(4) Provide a description of the field chemical
analysis methods used, including the name(s) of the
manufacturer(s) of the test methods along with the
range and accuracy of each test.
(5) Perform upstream storm water conveyance system
effluent sampling and analyses, as authorized bv Citv,
as may be necessary to identify the upstream source(s)
of pollutants detected or observed during Field
screening (Deliverable No.3).
(6) Perform additional storm water conveyance system
effluent sampling and analyses, as authorized bv city,
as may be necessary to identify pollutant sources, on
an on-call, as-needed basis during the life of the
agreement. Consultant shall commence sampling and
analysis within one working day of request by city
(Deliverable No.4).
(7) Perform all sampling, handling, and testing of
field samples obtained for laboratory analysis in
accordance with 40 Code of Federal Regulations Part
136. The Consultant's laboratory shall be certified
to perform such analyses by the California Department
of Health Services or shall be approved by the
Executive Officer of the Regional Water Quality
Control Board.
(8) Perform quality assurance analyses on City-
approved chemical standards (quality control specimens
of known chemical concentrations) to check the
accuracy and reliability of the field test equipment
used. Field Screening quality assurance analyses
shall be conducted at the beginning of each week in
which Field Screening is scheduled.
(9) Provide City with original Field Screening Data
Sheets within five working days of when Field
Screening is performed. Provide city with summary
reports of Field Screening activities within twenty
working days of the completion of each round of Field
Screening. Provide City with all other reports within
ten working days of the completion of laboratory
testing.
(10) Provide City with all original data, reports,
records, etc. of Field Screening, illegal discharge
detection services, and laboratory analyses, as well
as certified copies of all calibration, quality
assurance, and maintenance records. Further, the
consultant shall maintain copies of all records
related to dry weather discharge Field Screening and
illegal discharge detection services performed under
the contract for a minimum of five years from the date
Exhibit A to Field Screening Agreement: Woodward-Clyde Consultants
/p.. Jf
Page 3
of sampling, measurement, report, etc. This period
may be extended due to possible unresolved litigation
regarding a discharge or when requested by City or the
Executive Officer of the Regional Water Quality
Control Board.
(11) Use billing forms and procedures acceptable to
city.
(12) Notify City in writing of any discharge which may
endanger the public health or safety and/or the
environment within 24 hours of the time the consultant
becomes aware of said discharge.
B. Date for Commencement of Consultant services:
(X) Same as Effective Date of Agreement
() Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: Provide City with original Field
Screening Data Sheets within five
working days of when said Field
Screening is performed. Provide
city with written reports of
laboratory testing performed in
conjunction with Field Screening
activities within ten working days
of the completion of said
laboratory testing.
Deliverable No.2: Provide city with written summary
report of Field Screening and
related activities within twenty
working days of the completion of
each round of said Field Screening.
Deliverable No.3: Provide city with written reports
of laboratory testing performed in
conjunction with Field screening
activities upstream of outfalls to
identify the upstream source(s) of
pollutants detected or observed
during Field Screening within ten
working days of the completion of
said laboratory testing.
Deliverable No.4: Provide City with written reports
of sampling and analyses performed
on an on-call, as-needed retainer
basis to identify pollutant sources
Exhibit A to Field Screening Agreement: Woodward-Clyde Consultants
/IJ~J I,
Page 4
within ten working days of the
completion of said analyses.
D. Date for completion of all Consultant services:
Same as effective date of agreement or August 9, 1994,
whichever is later, to June 30, 1995. City has the
option to extend this agreement for up to two
additional years in one year increments. The first
year's extension shall be at the sole discretion of
City and the second year's extension shall be by
mutual agreement between City and Consultant. The
City Contract Administrator shall give notice of
election to extend this agreement by sending notice by
letter to Consultant not later than three months prior
to expiration of the term.
IX. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required
(included in Commercial General Liability coverage).
(X) Errors and Omissions Insurance: $500,000 (not
included in Commercial General Liability coverage).
X. Materials Required to be Supplied by City to Consultant:
None.
XI. Compensation:
A.
( )
Single Fixed Fee Arrangement.
For performance of all of the Defined Services by
Consultant as herein required, City shall pay a single fixed fee
in the amounts and at the times or milestones or for the
deliverables set forth below:
Single Fixed Fee Amount: , payable as
follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
B. () Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the
Defined Services by Consultant as are separately identified
below, City shall pay the fixed fee associated with each phase of
Services, in the amounts and at the times or milestones or
Deliverables set forth . Consultant shall not commence Services
under any Phase, and shall not be entitled to the compensation
Exhibit A to Field Screening Agreement: Woodward-Clyde Consultants
Page 5
1&,37
for a Phase, unless city shall have issued a notice to proceed to
Consultant as to said Phase.
Phase
Fee for Said Phase
1.
$
2 .
$
C.
(X)
Hourly Rate Arrangement
For performance of the Defined Services by Consultant as
herein required, City shall pay Consultant for the productive
hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule
herein below according to the following terms and conditions:
1. (X) Not-to-Exceed Limitation on Time and
Materials Arrangement
Notwithstanding the expenditure by Consultant of
time and materials in excess of said Maximum
Compensation amount, Consultant agrees that Consultant
will perform all of the Defined Services herein
required of Consultant for an amount not-to-exceed
$60,000 annually, including all Materials, and other
"reimbursables" ("Maximum Compensation") in accordance
with the following schedule:
I I Estimated I
Budget for
Task Each Task.
1. Outfall Field Screening (Deliverables 1 & 2) $36,000
2. Upstream Investigation and Testing During
Field Screening Operation (Deliverable 3) $15,000
3. Upstream Investigation and Testing on an On-
Call/As-Needed Basis throughout the Term of $ 9,000
the Aoreement (Deliverable 4)
Maximum Total Compensation - Tasks 1, 2, & 3 $60,000
* Funds rema~n~ng from a completed task may be utilized for
another task if necessary.
2. () Limitation without Further Authorization on
Time and Materials Arrangement
At such time as Consultant shall have incurred
time and materials equal to $ ("Authorization
Limit"), Consultant shall not be entitled to any addi-
tional compensation without further authorization
issued in writing and approved by city. Nothing
herein shall preclude Consultant from providing
Exhibit A to Field Screening Agreement: Woodward-Clyde Consultants
/~-:Jr
Page 6
additional services at Consultant's own cost and
expense.
Rate Schedule
Cateqorv of Employees of Consultant
Hourly
Rate
$ 37
57
42
60
62
65
80
85
100
113
120
130
84
184
Clerk*
Technical Assistant/Word Processor*
Technician Assistant*
Technician*
Drafter/Illustrator*
Staff Professional
Senior Staff Professional
Assistant Project Professional
Project Professional
Senior Project Professional
Consulting Professional
Principal/senior Principal
Two-person field crew (2 Technician
Assistants [TA])
Three-person field crew (2 TAs and
1 Project Professional)
overtime (hours worked in excess of eight [8] hours
per day) by exempt personnel will be charged at the
above straight time hourly rate. Overtime by non-
exempt personnel (classifications identified with an
asterisk "*") will be charged at 1.3 times the above
hourly rates.
() Hourly rates may increase by 6% for services
rendered after [month], 19 ,if delay in
providing services is caused by City.
(X) In the event this agreement is extended pursuant
to Paragraph VIII.D, then the above hourly rates
will apply to the first extension only. Hourly
rates for the second extension shall be as
mutually agreed upon by City and Consultant.
XII.
Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by
Consultant in the performance of services herein required, City
shall pay Consultant at the rates or amounts set forth below:
( None, the compensation includes all costs.
Cost or Rate
( Reports, not to exceed $
( copies, not to exceed $
( Travel, not to exceed $
( Printing, not to exceed $
Exhibit A to Field Screening Agreement: Woodward-Clyde Consultants
/~~3'
Page 7
( Postage, not to exceed $
( Delivery, not to exceed $
( Long Distance Telephone charges,
not to exceed $
(X) Other Actual Identifiable Direct Costs:
Item
Vehicle
Tripod (Confined Space
Entry)
Rescue System, 50 ft.
(Confined Space Entry)
Chlorine reagent
Copper reagent
Phenol reagent
Detergents reagent
Ammonia reagent
Glycol reagent
Zinc reagent
Filters
Other (As approved by City)
Cost
$ 75.00 per day
$ 39.00 per day/
$ 50.00 per week
$123.00 per day/
$246.00 per week
$ 0.74 each
$ 0.74 each
$ 0.74 each
$ 2.66 each
$ 0.29 each
$ 1. 99 each
$ 0.34 each
$ 1. 12 each
Cost Plus 12%
(X) Laboratory Services as set forth below:
Method Nu.berts\
Drinking GrOUndwatera
Para.eter/Analvte Water J Wat~l';- J Soils J ~9ti Uni}~?"st
Wastewater I Waste
8 Met~ls bcopper, Lead, ,ZinCf S~tenium, 200.7/200 6010 98
ArsenIC admlum ChromIum ron Series
Aluminum, Antimonyc ArsenicC Barium, 200.7/200 6010/7000 15 r,er
Beryllium, Boron, admium, alcium Series Series ana yte
Chromium, Cobalt, Copper Iron, Lithium
Ma~nes~um, Manga~eseJ ~otYbdenu~i Nickei,
Po asslumi selenlumt SIlIcon, 51 ver,
Sodium, S ronti~~, h~}rium, Tin,
Vanadium Zinc b leAP Flame AA
Antimony, Arsenic, Beryllium, Cadmium, 200 Series 7000 Series 20 r,er
chrom~um'b~ogp~~~.Lead, Selenium, Silver, ana yte
ThallIum b ra Ite Furnace
Mercurv bv Cold Vanor 245 7470 7471 30
ItJ,A{~
Exhibit A to Field Screening Agreement: Woodward-Clyde Consultants
Page 8
INORGANIC ANALYSES - GENERAL CHEMISTRY
Method Nu.ber's\
Paraoeter/Analvte Drinking Water Jill Groundwater, S~lsJ Uni}SI
Water Wastewater Solid Waste Cost
Alkalinitv 310.1 ,,, 20
Ammonia 350.3 '" 20
Biochemical Oxvaen Demand IBOD} 405.1 45
Bromide 30D.0 320.1 ,,, 20
Cation Exchanne Canacitv - 9081 50
Chloride 300.0 325.2 '" 20
Chromium Hexavalent 7196 7196 65
Chemical Oxvnen Demand (COOl 410 Modif ied 410.2 - 45
Conductance Snecific 120.1 9050 2D
Cyanide Total 335.3 9012 6D
C anide Amenable 335 9012 85
Flashooint lDl0 1010 45
Fluoride 340.2 ,,, 20
MBAS 425.1 45
Nitrate 300.0 353.2 45
Nitrate/Nitrite 353 '" 2D
Nitrite 300.D 353.2 354.1 ,,,
20
Nitronen Total Kieldahl 351.2 351.2 Modified 45
Oil-Grease (Gravimetric lR' 413.1 413.2 Modified 45
Paint Filter 9095 20
Petroleum Hvdrocarbons IlR) 418.1 418.1 Modified 45
oH 150.1 9040 9D45 15
Phenolics Total 420.1 420.2 9065 9066 6D
Phosphate Ortho 365.1 365.3 30
Phosohorus Total 365.3 365.3 Modified 30
Residual Chlorine 330.5 - 30
Solids Settleable 160.5 20
Solids Total 160.3 20
Solids Total Dissolved 160.1 20
Solids Total Susnended 160.2 - 20
Sulfate 375.2 375.4 ,,,
300.0 20
Sulf ide 376.1 376.2 9030 30
Total Oraanic Carbon ITOC' 415.2 9060 ASA 90-3.214) 65
Total Oroanic Halides ITOX} 9020 9020 85
Total and Fecal Coliform SM 9221 28
Turbiditv 180.1 20
'"
Methods referenced (unless noted as "Modified") are from U.S. E.P.A. Methods for
Chemical Analysis of Water and Wastewater, EPA-600/4-79-020, 1979.
Methods referenced (unless noted as "Modified") are from U.S. E.P.A. Test Methods for
Evaluating Solid Wastes, SW-846, 3rd Edition, 1986 & Updates.
'"
Exhibit A to Field Screening Agreement: Woodward-Clyde Consultants
Page 9
/t?~~/
'31
Analytes can be analyzed on a 1 :10 soil to water leachate.
preparation charge will be assessed per sample.
Methods referenced are from Methods of Soil Analysis, American Society of Agronomy
(ASA), 1965.
An additional $25 leachate
,..
ORGANIC ANALYSES
Method NUllberlsl
GrOUndwatercl
Drink~'IIl Water, Soils. 5,q,li unitSl
Para.eter Water Wastewater(21 Waste Cost $
Gas Chro.atonranhv 'Gel
Volatiles:
. Aromatic 503.1 602 8020 140
. HalORenated 502.1 601 8010 140
. Non- alo~enated - - 8015 By ~uote
. Halogena ed and 502. 1 ~ 503. 1 601/69'f 8010/8020 1 5
Aromatic Volatile 50 .2 80211 8021 200
or~anics
. Ha ogenated and
Aromatic Volatile
Organics
Semi-Volatiles:
. HerolClaes
Chlorinated 515 815 8150 225
Triazine - 619 619 Modified 250
. Organochlorine 508 608 8080 175
Pesticides and PCBs
. Pesticides 504 - 504 Modified 75
DBCP 504 - 504 Modified 75
EDB 504 - 504 Modified 135
DBCP and EDB 514 614 8140 250
Organophosphorus - 604 8040 250
. Phenols - 606 8060 250
. Phthalates
. pol~ChlO rinated 508 608 8080 120
Bip enyls ~PCBSI onl1 - - 8080 80
Wl~e, ater, SOl
Oi
Gas Chrooatooraohv IMass Soectro.eter IGC/MS
Volatiles:
. vO.latile Organics - 624 8240 250
~VOAi 524.2 - 8260 250
. (fl~lile Organics
VOA
Semi-Volatiles:
. ~~~~.YO.la~fl~\ 525 625 8270 358
Or anlCS BNA
Hinh Perfor.ance linuid Chrooatonraohv IHPLCl
Formaldehyde and - 8315 8315 200
Acetaldehyde Modif ied
Carbamate Pesticides - 632 632 Modified 225
Nitroaromatics and - - 8330 225
Nitroamines
Polynuclear A~pma~fc - 610 8310 200
Hvdrocarbons PNAs
'"
Methods referenced are from Methods for the Determination of Organic Compounds in
Drinking Water, EPA-600/4-88-039, December 1988 Supplement, EPA-600/4-90-020, July
1990.
'"
Methods referenced (unless noted as "Modified") are from u.s. E.P.A. Methods for
Chemical Analysis of Water and Wastewater, EPA-600/4-79-020, 1979.
Methods referenced (unless noted as "Modified") are from u.s. E.P.A. Test Methods for
Evaluating Solid Wastes, SW-846, 3rd Edition, 1986 & Updates.
'"
,<I
Methods referenced are from Methods of Soil Analysis, American Society of Agronomy
(ASA) , 1965.
RADIOCHEMISTRY ANALYSES(1)
Exhibit A to Field Screening Agreement: WOOdward-Clyde Consultants
Page 10
)(J;JlJ..
Method Nu.berls'
Unit
Analvsis Tvpe Water(21 Vegeta- '1'$slt
Soil tion
Alpha Spectro.etrv IASl
Isotopic Uranium ~U-238 U-234 U-235~ 907.0 AT! SOP AT! SOP 145
Isotopic Thorium Th.2283 Th-2303 Th- 32) 907.0 AT! SOP AT! SOP 145
IsotO~iC Plutonium (Pu-2 8, Pu-2 9, 907.0 AT! SOP AT! SOP 145
Pu- 40) 907.0 - - 145
Am-241 AT! SOP AT! SOP AT! SOP 145
Po-210
Ga..a Soectro.etrv (GS\
Am-241 - 901.1 AT! SOP 75
Gamma Isotopic 901. ) AT! SOP AT! SOP 75
Ra-226 901.1 31 - - 145
Ra-226 901.1 (31 901.1 AT! SOP 75
Ra-228 - - 145
Ra-228 901.1 AT! SOP 75
Ra-226 Ra-228 901.1 (31 - - 145
Gas Flow ProDortional Countino IGFPl
Gross Alpha 900.0 AT! SOP AT! SOP 45
Gross Beta 900.0 AT! SOP AT! SOP 50
Gross Alpha/Beta 900.0 AT! SOP AT! SOP 55
Pb-210 AT! SOP AT! SOP AT! SOP 145
Sr-89, Sr-90 905.0 AT! SOP AT! SOP 135
Total Radium 903.0 - - 75
Total Radium - 903.0 - 100
Total Uranium 908.0 - - 75
Total Uranium - 908.0 - 100
liauid Scintillation (LSl
C-14 AT! SOP - - 60
C-14 - AT! SOP - 100
Rn-222 AT! SOP - - 50
Tritium 906.0 - - 50
Tritium - 906.0 - 75
Other Beta Emitters by Li~Uid Tc-99l - Various Various 145
Scintillation'"iI-129 Ni- 3 Fe-55
'"
All radiochemistry analyses are performed at Analytical Technologies, Incorporated's
Fort Collins, Colorado facility.
Methods referenced are from U.S. E.P.A. Methods for Prescribed Procedures for
Measurement of Radioactivity in Drinking Water, EPA-600/4-80-032, 1980.
Sulfate Precipitation Procedure, B. Kahn et aI, Health Physics 59, No.1, July 1990,
pp. 125-131.
'"
'"
Additional radioanalyses available upon request.
A sample screening charge of $20.00 per sample will be assessed for each sample known or
suspected to contain radioactivity.
All samples contaInIng mIxed waste WIll be returned to the client. Samples containing
radIoactIvIty WIll be dIsposed of by AnalytIcal TechnologIes, Inc. (subconsultant) at a
cost of $15.00 per sample container (up to one kilogram), or returned to the client at the
cost of shipping plus ten percent.
All analysis prices include sample preparation.
(X) In the event this agreement is extended pursuant to
Paragraph VIII.D, then the above unit costs will apply to
the first extension only. unit costs for the second
extension shall be as mutually agreed upon by City and
Consultant.
Exhibit A to Field screening Agreement: Woodward-Clyde Consultants
/d- tf:J
Page 11
XIII.
Contract Administrators:
city:
John P. Lippitt, Director of Public Works
Department of Public Works
276 Fourth Avenue
Chula vista, California 91910
(619) 691-5021.
Consultant:
Marc Anderson, P.E.
Woodward-Clyde Consultants
Sunroad Plaza 3
1615 Murray Canyon Road, suite 1000
San Diego, California 92108
(619) 294-9400
XIV. Liquidated Damages Rate:
( )
(X)
$
Other:
per day.
None.
XV. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
(X) Not Applicable. Not an FPPC Filer.
FPPC Filer
(
(
Category No.1.
Investments and sources of income.
Category No.2.
Interests in real property.
( Category No.3. Investments, interest in real property
and sources of income subject to the regulatory,
permit or licensing authority of the department.
() Category No.4. Investments in business entities and
sources of income which engage in land development,
construction or the acquisition or sale of real
property.
() Category No.5. Investments in business entities and
sources of income of the type which, within the past
two years, have contracted with the City of Chula vista
(Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
() Category No.6. Investments in business entities and
sources of income of the type which, within the past
two years, have contracted with the designated
Exhibit A to Field Screening Agreement: Woodward-Clyde Consultants
/&'o/~
Page 12
employee's department to provide services, supplies,
materials, machinery or equipment.
( Category No.7. Business positions.
() List "Consultant Associates" interests in real
property within 2 radial miles of Project Property, if any:
XVI. ( Consultant is Real Estate Broker and/or Salesman
XVII. Permitted Subconsultants:
Analytical Technologies, Inc.
5550 Morehouse Drive
San Diego, California 92121
Voice Phone (619) 458-9141
FAX Phone (619) 558-2389
Environmental Engineering Laboratory
3538 Hancock Street
San Diego, California 92110
Voice Phone (619) 298-6131
FAX Phone (619) 298-6141
Pacific Treatment Environmental Services, Inc.
1452 North Johnson Avenue
El Cajon, California 92020
Voice Phone (619) 441-1818
FAX Phone (619) 441-2691
XVIII. Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
(X) Monthly
() Quarterly
() Other:
B. Day of the Period for submission of Consultant's Billing:
() First of the Month
() 15th Day of each Month
(X) End of the Month
() Other:
C. City's Account Number: 227-2271-5201
Exhibit A to Field Screening Agreement; Woodward-Clyde Consultants
JP~~>
Page 13
XIX. Security for Performance
() Performance Bond, $
() Letter of Credit, $
() Other Security:
Type:
Amount: $
(X) Retention. If this space is checked, then
notwithstanding other provisions to the contrary requiring the
payment of compensation to the Consultant sooner, the city shall
be entitled to retain, at their option, either the following
"Retention Percentage" or "Retention Amount" until the City
determines that the Retention Release Event, listed below, has
occurred:
(X) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
(X) Other: Delivery and Acceptance of Reports
Exhibit A to Field Screening Agreement: Woodward-Clyde Consultants
I~...~t
Page 14
EXHIBIT A
ATTACHMENT 1
DRY WEATHER DISCHARGE
FIELD SCREENING LOCATIONS
outfall I.D. Outfall Location
SUN-01
SUN-02
BLC-01
OLR-01
OLR-02
OLR-03
WIL-01
WIL-02
GLA-01
GLA-02
RCC-01
Chula vista Municipal Golf Course
Southwest Corner of Intersection
of Bonita Road and Central Avenue
East "H" Street and SR-125 R.O.W.
Chula vista Municipal Golf Course
North of Intersection of Bonita
Road and Acacia Avenue
Chula vista Municipal Golf Course
North of Intersection of Bonita
Road and Villas Drive
Chula vista Municipal Golf Course
North of Intersection of Bonita
Road and Otay Lakes Road
Chula vista Municipal Golf Course
North of Intersection of Bonita
Road and Otay Lakes Road
Chula Vista Municipal Golf Course
Along Sweetwater Road, Approx.
750 Feet Northeast of Intersection
with willow Street
Chula vista Municipal Golf Course
75' West of willow Street Bridge
at Sweetwater River
North Side of Bonita Road at
Intersection of Bonita Road and
Randy Lane
North Side of Bonita Road Across
from 3252 Bonita Road (State Farm
Insurance Building)
500 Feet South of Bonita Road,
East of Interstate 805 and West
of Lynwood Drive
-1-
/tJ-J/ 7
Comments
At Base of Slope
Box Culvert
36" RCP Outfalling
to Box Culvert at
OLR-02
58" CMP Outfall
Four 30" CMPs
Four 54" RCPs
EXHIBIT A
ATTACHMENT 1
DRY WEATHER DISCHARGE
FIELD SCREENING LOCATIONS
Outfall 1.0. Outfall Location
RCC-02 North of Intersection of East "H"
street and Kernel Court
SVS-01 Rear of Ramada Inn Parking Lot
North of Bonita Road and West of
Interstate 805 in CalTrans R.O.W.
SWR-01 First Avenue and "0" street
SWR-02
SWR-03
CEN-01
CEN-02
CEN-03
TCC-01
TCC-02
TCC-03
SCR-01
POG-01
End of Las Flores Drive (at cul-
de-sac)
Along Fourth Avenue, South of "C"
Street at Southern Boundary of
Park
South of "H" Street and East of
Interstate 5 and Railroad Tracks
36" RCP Which Discharges to the
Concrete Channel at Outfall CEN-01
South of "J" Street and East of
Interstate 5 and Railroad Tracks
Telegraph Canyon Channel - West of
Bay Boulevard
Telegraph Canyon Channel - West of
Intersection of Hilltop Drive and
Telegraph Canyon Road
Telegraph Canyon Channel - West of
Eastlake Parkway and North of
Telegraph Canyon Road
North of Telegraph Canyon Road
and East of Hunte Parkway
South of otay Valley Road and
West of Melrose Avenue
-2-
ItJ,~y
Comments
90" Outfall Upstream
of Desilting Basin
Fence
A.C. Ditch
Eucalyptus Park
(General Roca Park)
Concrete Channel
Access from "K" st.
and Colorado Avenue
Drainage Easement on
SDG&E Property
Hilltop Park
108" Outfall to
Detention Basin
Access via otay
Ranch Private Road
Sample at Box Cul-
vert from Park Side
EXHIBIT A
ATTACHMENT 1
DRY WEATHER DISCHARGE
FIELD SCREENING LOCATIONS
Outfall 1.0. Outfall Location
POG-02 End of Eastlake Parkway on West
Side of Street at 60" Outfall
JUD-Ol South of Intersection of Fresno
Avenue and Main Street
JUD-02
PRD-Ol
PRD-02
BAY-Ol
BAY-02
BAY-03
SWB-Ol
SWB-02
OVR-Ol
OVR-02
OVR-03
OVR-04
Southwest Corner of Intersection
of Reed Court and Main Street
South of Main StreetjOtay Valley
Road and West of Walnut Avenue
West of Aries Court and 500' South
of East Rienstra Street within
SDG&E Easement
Across from 1075 Bay Boulevard
West of Intersection of Palomar
Street and Bay Boulevard
West of Intersection of Ada Street
and Bay Boulevard
Frontage Road, South of Ada Street
East of Beyer Boulevard and North
of Bridge at Southern city Limits
South Side of Otay Valley Road and
700' East of Brandywine Avenue
South Side of Otay Valley Road and
700' East of Brandywine Avenue
South Side of Otay Valley Road and
700' East of Brandywine Avenue
South Side of Otay Valley Road and
200' East of Nirvana Avenue
-3-
/~.. J./f:!
Comments
Eastlake Greens
Box Culvert
At Culvert
96" RCP Outfall
Double 48" RCP
Double 18" CMP
Wooden Box Culvert
Pipe Outfall within
Public RoOoWo
Outfall to Otay
River
Westernmost Pipe at
Headwall
center Pipe at
Headwall
Easternmost Pipe at
Headwall
48" RCP
EXHIBIT A
ATTACHMENT 1
DRY WEATHER DISCHARGE
FIELD SCREENING LOCATIONS
outfall 1.0. Outfall Location
OVR-05 South Side of Otay Valley Road and
200' East of Nirvana Avenue
OVR-06 South Side of Otay Valley Road and
200' East of Nirvana Avenue
OVR-07 South Portion of Property at 1875
Nirvana Avenue
OVR-08 South Portion of Property at 1875
Nirvana Avenue
OVR-09 South Portion of Property at 850
Energy Way
-4-
/
/P-ft)/IO-51
Comments
Double 42" CSP
24" CSP
Westernmost Pipe
city Easement - Pipe
at Base of 30' Slope
Easternmost Pipe
City Easement - Pipe
at Base of 30' Slope
city Easement - Pipe
at Base of 35' Slope
EXHIBIT A
Attachment 2
(On file in the office of the City Clerk)
~
. f t
y.
.~ ^~
p" /'
'" o.~ f~ '1
lCo~ /' l'
# J-'tI' V
;- ;
;- ijl
/f~
I~".Y/
EXHIBIT A
ATTACHMENT 3
FIELD SCREENING DATA SHEET
Sheet No.:
Outfall 1.0. No.:
Date:
Time:
Sample No.:
General Information
Inspection
Weather:
Time Since
Team
Sunny
Last Rain:
Cloudy
> 72 Hours
WIndy Hot
< 72 Hours
Cold Raln FOQ Other
Quantity of Last RaInfall > 0.1 Inch
< 0.1 Inch
onveyance ype:
Observed Land Use in
Open Channel
Concrete
Vicinity:
Manhole Outfall
Steel Grassed Rock
Industrial Commercial
Other
Other
Residential
Unknown
Other
...l.OW I:Sl.Lln8l.lUI1
I"'l.UW uuservea.
Bucket Method
Gallons Collected
yes
NO
Approx.
I",nanrl8J. YV.lOUI or' t".lpe U.Laml:nel
Area/Velocitv Method
Average Depth (ft)
Average Width (ft)
Distance (ft)
Time (seconds)
Flow Rate (gpm)
Time (seconds)
Flow Rate (cfs)
Color:
Clarity:
Floatables:
Deposits/Stains:
Vegetation Condition:
Structural Condition:
Biological:
Are any unusual pipes
t'noLU laKen. res
None Musty
Earthy
Clear
Clear
None
None
None
I~O
Sewage
t'no LO I~UI1lDer
Rotten Eggs
Sour MIlk
tiOll Numoer'
Gasoline
Putrescence
VIsual UDservaLIon
Odor:
Chemical Chlorine Soap Other
White Red Yellow Brown Green
Cloudy Opaque Suspended Solids
Oily Sheen Garbage/Sewage Suds
Sediments Oil Other
Normal Excessive Growth
Gray
Other
Scum
Other
Other
InhIbIted Growth
Normal Concrete Cracking/spalling Metal Corrosion Other
Mosquito Larvae Bacteria/Algae Dead Animals Other
or ditches visible from the sample location? Yes No
Is there any overland flow visible from the sample location?
Yes
No
LaDoraLor y ~ample ~011eCLeu.
res
NO
{11 yes, allacn copy 01 Cllalll-Ol -CUSLOUY feCUIU}
r-le10 Analvses
Initials
Initials
Water Temp (e)
pH
Total Phenol (mg/l)
Detergents (mg/l)
Other
Total Chlorine
Total Copper (mg/l)
Ammonia (mg/l)
Glycol (mg/l)
Comments
Data Sheet FIlled Out By (Signature)
I~" >,.:J..
COUNCIL AGENDA STATEMENT
Item \ \
Meeting Date 8/16/94
ITEM TITLE:
Public Hearing: PCA-94-04 - Consideration of amendments to Chapter 19.64
of the Municipal Code to allow the replacement of damaged condominiums which
are nonconforming with respect to density - City initiated
SUBMITTED BY:
Ordinance~Amending Section 19.64.150 to the Chula Vista Municipal Code
and adding Section 19.64.155 to allow the replacement of damaged
condominiums which are nonconforming with respect to density
Director of Planning ':;r(
/U~ L-
City Manager h f' ,(\, (4/5ths Vote: Yes_NoX)
~cl\
REVIEWED BY:
An issue arose recently wherein potential buyers of an individual condominium unit could not obtain
financing because the project within which the unit is located is nonconforming with respect to present
density limitations and, therefore, the same number of units could not be rebuilt if the project was more
than 60% destroyed per Section 19.64.150 of the Municipal Code (see Exhibit A). Staff believes this
is a problem unique to condominiums which should be addressed by amending the Code to allow
replacement in such cases.
The Environmental Review Coordinator has determined that this zoning text amendment is exempt from
environmental review under CEQA as a Class 2 exemption - replacement or reconstruction of existing
structures or facilities.
RECOMMENDATION: That Council adopt the ordinance amending Section 19.64.150 and adding
Section 19.64.155 to the Municipal Code to allow the replacement of damaged condominiums which are
nonconforming with respect to density.
BOARDS/COMMISSIONS RECOMMENDATION: On July 27, 1994, the Planning Commission
voted 6-0 to recommend that Council adopt the amendments in accordance with Resolution PCA-94-04.
DISCUSSION:
The Nonconforming Uses Section of the Municipal Code prohibits the reconstruction of any
nonconforming building damaged more than sixty percent of its value (see Exhibit "A"). Staff was
advised that buyers for the condominium unit noted above were unable to obtain financing since the
reconstruction of the unit could not be guaranteed. Numerous lenders had apparently been approached,
but once the nonconforming status was disclosed, they were unwilling to provide financing for the sale.
As a result, sales were lost to two separate parties which had been interested in purchasing the property.
Condominium projects appear to present a unique situation with respect to nonconforming use restrictions.
Normally, when a multiple-family residential area is rezoned to a lower density, nonconforming
apartment units (those in excess of the permitted number) may not be rebuilt if destroyed, although the
sole property owner (whether that be an individual, partnership, or corporation) retains the ability to
reconstruct the number of units permitted under the new zone. In the case of the destruction of a
nonconforming condominium project, one or more of the individual property owners could potentially
/1- I
Page 2, Item \ \
Meeting Date 8/16/94
lose their individual dwelling unit, with their only remaining interest being in air space and the project's
common areas.
Staff has surveyed various other cities regarding their regulations pertaining to the reconstruction of
damaged or destroyed nonconforming residential structures. The majority of the cities surveyed allow
for the rebuilding of such structures as a matter of right.
The intent of the Nonconforming Use regulations is to eliminate nonconforming uses as soon as it is
"economically feasible and equitable to do so" (19.64.010). The issue at hand, therefore, is whether or
not it is equitable to deprive a property owner of all but air space, which is what the current
Nonconforming Uses regulations could do in the instance of the destruction of a nonconforming
condominium. Staff has concluded that this is not equitable or desirable. As a result, staff believes it
is appropriate to amend the Code to permit the reconstruction of residential condominium units damaged
more than sixty percent of their value.
The proposed amendment to Section 19.64.150 and addition of Section 19.64.155 as reflected in the
ordinance are shown in Exhibit" A".
There are nineteen properties within the City which are developed with condominiums that exceed the
density currently permitted. These areas are a result of General Plan or rezoning action which has
reduced density allowances after units were constructed. Four of these properties exceed the density
permitted by current zoning, while fifteen exceed the General Plan density (these are within the
Zoning/General Plan Consistency Study areas). The nineteen properties contain a total of 375
condominium units, of which only 216 could be rebuilt under the current restrictions on nonconforming
uses. Therefore, some 159 property owners are potentially affected by the amendment.
Both the Sweetwater Union High School District and the Chula Vista Elementary School District have
indicated potential concerns regarding the rebuilding of units within the General Plan/Zoning Consistency
study areas at densities higher than those currently permitted by the General Plan, and the impact this
may have on schools. After discussions with both Districts, and in response to these concerns, language
has been included which would require property owners requesting rebuilding of affected units to
participate in any programs to mitigate school impacts as approved by the City which may be in effect
at the time of reconstruction. Both Districts have since indicated that they are satisfied with the final draft
wording.
FISCAL IMPACT: Not Applicable
Attachments
Exhibit "A"
{City Council ordinance
\'-J Planning Commission Resolution PCA-94-04
~ Planning Commission minutes (7/27/94)
II.~
ORDINANCE NO.
~5?r
AN ORDINANCE OF THE CITY OF CHULA VISTA CITY COUNCIL
AMENDING SECTION 19.64.150 OF THE CHULA VISTA MUNICIPAL
CODE AND ADDING SECTION 19.64.155 TO MODIFY THE
NONCONFORMING USES REGULATIONS PERTAINING TO THE
REPLACEMENT OF RESIDENTIAL CONDOMINIUMS
WHEREAS, a duly verified application for an amendment to the Municipal Code was
filed with the City of Chula Vista on May 9, 1994 by the City of Chula Vista; and,
WHEREAS, said application requests approval of an amendment to the Municipal Code
to allow the reconstruction of residential condominium units more than 60% damaged which are
nonconforming with respect to density; and,
WHEREAS, the Environmental Review Coordinator determined that the proposed
amendments are exempt from environmental review as a Class 2 exemption, replacement or
reconstruction of existing structures or facilities; and,
WHEREAS, on July 27, 1994, the Planning Commission voted 6-0 to adopt Resolution
No. PCA-94-04 and thereby recommend that the City Council enact the proposed amendments
to the Municipal Code; and,
WHEREAS, the City Clerk set the time and place for a hearing on said application and
notice of said hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the city at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely August 16,
1994 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and
said hearing was thereafter closed.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find,
determine, and ordain as follows:
SECTION I:
That the public necessity, convenience, general welfare, and good zoning
practice justifies the amendment and that the amendment is consistent with
the City of Chula Vista General Plan.
J/~J
SECTION II:
SECTION III:
SECTION IV:
Presented by
That Section 19.64.150 is amended to read as follows:
Section 19.64.150 Damaged or Destroyed Uses - Replacement
Restrictions
Any nonconforming building damaged more than sixty percent of its
value, as established by the director of building and housing inspection,
at the time of damage by fire, flood, explosion" wind, earthquake, war,
riot, or other calamity or act of God, shall not be restored or
reconstructed and used as before such happening except as provided in
Section 19.64.155; but if less than sixty percent damaged, it may be
restored, reconstructed or used as before, provided that such be initiated
within six months and be substantially completed within twelve months of
such happening.
That Section 19.64.155 is added as follows:
Section 19.64.155
Condominium Units
Permitted
Replacement
Anv residential condominium unit which is nonconforminl! with
respect to density shall be allowed to be reconstructed in the event of
destruction of l!feater than sixty percent of the prooertv's
imorovement as defined in Section 19.64.150. orovided that such be
initiated within six months and be substantially comoleted within
twelve months of such haooeninl!. Said reconstruction shall meet all
aoolicable code reouirements in place at the time of reconstruction
and. with resoect to any increase in area. the owner shall comolv with
any aoorooriate financial or other mechanism soonsored bv the Chula
Vista Elementarv School District and the Sweetwater Union Hil!h
School District. as mav be aooroved bv the Citv. to mitil!ate impacts
to school facilities.
This Ordinance shall take effect and be in full force and effect on the
thirtieth day from and after its adoption.
11.(
Robert A. Leiter
Director of Planning
Bruce M.
City Atto
EXHIBIT n A n
Section 19.64.150 Damaged or Destroyed Uses - Replacement
Restrictions
Any nonconforming building damaged more than sixty percent of its
value, as established by the director of building and housing inspection,
at the time of damage by fire, flood, explosion" wind, earthquake, war,
riot, or other calamity or act of God, shall not be restored or
reconstructed and used as before such happening exceot as orovided in
Section 19.64.155; but if less than sixty percent damaged, it may be
restored, reconstructed or used as before, provided that such be initiated
within six months and be substantially completed within twelve months of
such happening.
Section 19.64.155 Condominium Units - Replacement Permitted
Anv residential condominium unit which is nonconformiDl! with
resoect to density shall be allowed to be reconstructed in the event of
destruction of I!l"eater than sixty percent of the orooertv's
imorovement as defined in Section 19.64.150. orovided that such be
initiated within six months and be substantially comoleted within
twelve months of such haooenine. Said reconstruction shall meet all
code requirements in place at the time of reconstruction and. with
resoect to anv increase in area. the owner shall comolv with any
aoorooriate financial or other mechanism soonsored bv the Chula
Vista Elementarv School District and the Sweetwater Union Hieh
School District. as may be aooroved bv the Citv. to mitieate imoacts
to school facilities.
1/-.5'
RESOLUTION NO. PCA-94-04
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AN
AMENDMENT TO SECTION 19.64.150 OF THE CHULA VISTA
MUNICIPAL CODE AND THE ADDITION OF SECTION 19.64.155
PERTAINING TO THE REPLACEMENT OF NONCONFORMING
RESIDENTIAL CONDOMINIUMS
WHEREAS, a duly verified application for a Municipal Code text amendment was f1led
with the Planning Department of the City of Chula Vista on May 9, 1994 by the City of Chula
Vista; and
WHEREAS, said application requests approval of an amendment to the Municipal Code
to allow the reconstruction of residential condominium units more than 60% damaged which are
nonconforming with respect to density; and
WHEREAS, the Environmental Review Coordinator has determined that the proposal is
a Class 2 exemption from environmental review under CEQA, replacement or reconstruction of
existing structures or facilities, and
WHEREAS, the Planning Director set the time and place for a hearing on said proposed
amendment and notice of said hearing, together with its purpose, was given by its publication
in a newspaper of general circulation in the city at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely July 27,
1994 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed, and
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION,
based on the facts presented at the hearing, recommends that the City Council adopt the attached
draft ordinance amending Sections 19.64.150 and adding Section 19.64.155 of the Municipal
Code based on the fmdings contained therein.
That a copy of this resolution be transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 27th day of July 1994 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
Commissioners Fuller, Moot, Ray, Salas, Tarantino, and Tuchscher
None
Commissioner Martin (with notification)
~v~)
William C. Tuchscher II, Chairman
~f2'
~ancy pley, ~ry
II'"
UNO~iF~~Q :c, ". ! ..
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PC Minutes
-4-
July 27, 1994
EXCERPT FROM PLANNING COMMISSION MINUTES OF 7/27/94
ITEM 5:
PUBLIC HEARING: PCA-94-04: CONSIDERATION OF AMENDMENTS TO
SECTION 19.64 OF THE MUNICIPAL CODE TO ALLOW THE
REPLACEMENT OF DAMAGED CONDOMINIUMS WHICH ARE
NONCONFORMING WITH RESPECT TO DENSITY - City Initiated
Principal Planner Griffin presented the staff report noting that this issue arose when potential
buyers of a condominium unit were unable to obtain fmancing because the condo project within
which the unit was located exceeded the present density that would be allowed by the City
zoning regulations. Staff recommended that condominiums be exempted from the provision in
the Code which would prohibit reconstruction if the condominium project were destroyed, since
the owners of the condominiums were individually owned with the structures attached rather than
one owner of an entire complex.
Commissioner Moot asked if a specific incident prompted this action. Mr. Griffin stated an
owner of a condominium unit trying to sell approached staff when buyers were unable to obtain
financing.
Assistant Planning Director Lee noted that the proposal was very consistent with what other
agencies in the County allowed, and also the present authority was given to the Planning
Commission as to whether a condominium could be rebuilt if destroyed. The proposed
amendment would provide certainty that it could be rebuilt. Mr. Lee did not believe this type
of issue would be frequent, but gave a comfort level to lending institutions.
Commissioner Ray asked if it was in the norm within the state or nationally. Mr. Lee confirmed
that it was for the County--staff had not checked further.
Chair Tuchscher noted that insurance companies would most likely be reluctant to insure
properties whereby if there was a fire the property could not be replaced. The building would
have to be insured as to what it was entitled to rather than what it was built to. Mr. Lee stated
that insurance companies were insuring the building, and the building itself could be rebuilt to
that size, but not that many units. He did not feel that was an issue.
This being the time and place as advertised, the public hearing was opened. No one wishing
to speak, the public hearing was closed.
MSUC (Tarantino/Ray) 6-0 (Commissioner Martin excused) to approve resolution
PCA-94-04 recommending that the City Council amend Section 19.64 of the Municipal Code
in accordance with the draft City Council ordinance and the findings contained therein.
1/-7
Ii
PUBUC HEARING CHECK UST
PUBUC HEARlNG DATE: X J OJ. (0"
SUBJECT: C''#,,-~.~'-- ~~Q~A I.k" T~ 111 '6 CV}.{L JVlo-.iLijft
LOCATIO~b. 19("'t,So ~ ~Cl ~. ,19(.,';,.1$5 dt,. r~ f
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SENTTOSTARNEWS;;FO PUBUCATION--BYFAX ~YHAND_;BYMAIL . ~
PUBUCATION DATE _ex) I '1...{ CJ J)
I
MAILED NOTICES TO PROPERTY OWNERS NO. MAILED
PER GC ~54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
LOGGED IN AGENDA BOOK 7 J 0( "7 / <1"" .'
I I
COPIES TO:
Administration (4)
/'
Planning
v
Engineering
Originating Department
/
Others
City Clerk's Office (2)
POST ON BULLETIN BOARDS
,/
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SPECIAL INSTRUCTIONS:
7/93
-55-
J) /'q
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:
Purpose of considering amendment to Title 19 of CYMC in order to provide
reconstruction of residential condominium units that are nonconforming with
respect to density.
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 PUB HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday,
August 994, at 6;00 p.m. in the Council Chambers, Public Services Building, 276 Fourth
e, at which time any person desiring to be heard may appear.
J?
DATED: July 27, 1994
11- 10
NOTICE OF PUBLIC HEARING BY THE
CITY COUNCIL OF THE CITY 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 an amendment
to Title 19 of the Municipal Code to modify section 19.64.150 and adding Section 19.64.155
in order to provide for the reconstruction of residential condominium units that are
nonconforming with respect to density. Copies of the proposed amendment PCA-94-04 are on
file in the office of the Planning Department.
The Environmental Review Coordinator has determined that this proposal IS exempt from
environmental review under CEQA as a Class 2 exemption.
Any petitions to be submitted to the City Council must be received by the City Clerk's office
no later than noon of the hearing date.
If you wish to challenge the City's action on this amendment to the Municipal Code in court,
you may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the City Council at or prior
to the public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, August
9, 1994 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:
July 27, 1994
CASE NO. PCA-94-04
COMPLIANCE WITII AMERICANS WITH DISABILITIES ACT (ADA)
The City of Chula Vista, in complying with the American With Disabilities Act, requests individuals who require
special accommodation to access, attend and/or participate in a City meeting, activity or service request such
accommodation at least 48 hours in advance for meetings and 5 days for scheduled services and activities. Please
contact Nancy Ripley for specific information at (619) 691-5101. California Relay Service is available for the
hearing impaired.
!/~ /1
COUNCIL AGENDA STATEMENT
Item 12-
Meeting Date 8/16/94
ITEM TITLE:
Public Hearing: PCZ-94D/PCM-94-24/PCM-94-27/PCM-93-6/PCS-88-
3A; Consideration of prezoning and incorporating approximately 22.7
acres of land within Eastlake Greens and amending the Eastlake II
(EastLake I Expansion) General Development Plan, Eastlake Greens SPA
Plan, Eastlake II (Eastlake I Expansion) Planned Community District
Regulations, Eastlake Greens Air Quality Improvement Plan, Eastlake
Greens Water Conservation Plan, and Eastlake Greens Master Tentative
Map (Chula Vista Tract 88-3) - Eastlake Development Company
Ordinance 2.l..o0 Approving the prezoning of 22.7 acres of
unincorporated land to P-C Planned Community and adopting Mitigated
Negative Declaration on IS-94-19 and Mitigation Monitoring and
Reporting Program thereto
Ordinance "2.c..ol Approving amendments to the Eastlake II
(Eastlake I Expansion) Planned Community District Regulations (Land
Use District Map only) and adopting Mitigated Negative Declaration on
IS-94-19 and Mitigation Monitoring and Reporting Program thereto
Resolution .,,,., Approving and imposing amendments and
conditions on the Eastlake II (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 Tentative Subdivision
Map and adopting Mitigated Negative Declaration on IS-94-l9 and
Mitigation Monitoring and Re rting Program thereto
SUBMITTED BY: Director of Planning
REVIEWED BY: City Manag(;. '
/:-.~.
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The Eastlake Development Company has requested amendments to the Eastlake II General
Development Plan, Eastlake Greens Sectional Planning Area (SPA), Eastlake II Planned
Community District Regulations, Eastlake Greens Air Quality and Water Conservation Plan,
Eastlake Greens Master Tentative Map and a prezone and addition of approximately 22.7 acres
of unincorporated land to the existing Eastlake Greens SPA area. The purpose for the above
request is to:
/:J.' J
Page 2, Item 1"2-
Meeting Date 8/16/94
I. Incorporate into the planning and regulatory framework of the Eastlake Greens
SPA Plan those parcels of the (previously approved by City Council on
December 14, 1993) Eastlake Greens General Plan Amendment which take
access from the internal circulation of the Eastlake Greens Planned Community
(northeast of the SDG&E transmission lines - see attached locator);
2. Improve the spatial and functional relationship of residential density/product
distribution within the Eastlake Greens Planned Community area; and
3. Update the Eastlake Greens SPA Plan and supplementary documents to reflect
current statistics and technical refinements based on site plan approvals and
market considerations.
The documents affected by the amendments, as proposed to be revised, have been provided for
your consideration and approval.
The Environmental Review Coordinator has conducted an Initial Study, IS-94-19, of potential
environmental impacts associated with the implementation of the project. Based on the Initial
Study, and comments thereon, the Coordinator has concluded that there would be no significant
environmental impacts and recommends adoption of the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program issued on IS-94-19.
RECOMMENDATION: That City Council adopt the ordinances and resolution attached
hereto, approving the amendment to Eastlake II General Development Plan and Planned
Community District Regulations (Land Use District Map only), the Eastlake Greens SPA Plan,
Air Quality Improvement Plan, Water Conservation Plan and Master Tentative Map (Chula
Vista Tract 88-3) and adopt Mitigated Negative Declaration on IS-94-19 and Mitigation
Monitoring and Reporting Program thereto based on the finding and subject to the conditions
contained herein.
BOARDS/COMMISSIONS RECOMMENDATION: On July 27, 1994, the Planning
Commission voted 6-0 to recommend that City Council approve the proposed amendments in
accordance with Resolution PCZ-94-D/PCM-94-24/PCM-94-27/PCM-93-6/PCS-88-3A.
On April II, 1994, the Resource Conservation Commission voted 5-0 to accept (approve) the
Mitigated Negative Declaration on IS-94-19 and Mitigation Monitoring and Reporting Program
thereto.
DISCUSSION:
The Eastlake Greens, which is a part of the overall EastLake Planned Community, is proposed
to be expanded to include two presently unincorporated areas totalling approximately 22.7
/ .). . ;;...
Page 3, Item I ~
Meeting Date 8/16/94
acres. One is a strip of land next to and north of E. Orange Avenue east of the SDG&E
easement, and the second is a triangular parcel northeast of the SDG&E easement. Both of
these areas were a part of the Eastlake Greens General Plan Amendment which was prompted
by the land swap between The Baldwin Company and EastLake Development Company, was
intended to establish logical development boundaries for EastLake and the Otay Ranch
developments and was approved by City Council on December 14, 1993.
The General Plan land use designation for these parcels is ResidentialILow-Medium (3-6
du/ac). They are planned for development at the midpoint of the density range (4.5 du/ac),
thus a total of 97 dwelling units would be added to the previously approved 2,774 dwelling
unit total for the EastLake Greens Planned Community area yielding a total of 2,871 dwelling
units within the EastLake Greens.
As a result of previous Council action approving an amendment to the EastLake Greens GP A
in 1993 (reference Resolution 17309), the developer is obligated to comply with an affordable
housing condition which commits the EastLake Greens Subdivision to provide 10% low and
moderate affordable housing. In addition, the City Council has established an EastLake
Housing Task Force which is addressing the issues of affordable housing for the entire
EastLake area. The Task Force is scheduled to complete its work within the next two months.
I. Eastlake II General Development Plan Amendments
The General Development Plan text, map and statistical tables are proposed to be
amended to reflect the expanded Eastlake Greens boundary and the following land use
designation modifications which represent the requested density additions and transfers
within the Eastlake Greens Planned Community.
a. Removal of the previously assigned Interim Designation land use status from
Parcel R-27 and R-28. These parcels were assigned interim designation
densities of 4.5 du/ac at the time of the original EastLake Greens SPA approval;
however, these densities were anticipated to be increased upon completion of the
then pending General Plan Update.
b. Change of the residential land use designation for Parcel R-28 from Low-
Medium (3-6 du/ac) to Medium (6-11 du/ac). [Note: Parcel R-27 is proposed
for a four-unit increase (see page 4)].
c. Assignment of Interim Designation Land Use status to three additional parcels
southwest of the SDG&E easement. These parcels are planned to be developed
in conjunction with the portion of the EastLake Greens land swap area which
was not included as part of this General Development Plan amendment and is
located southwest of the SDG&E easement. A separate General Development
/). - 3
Page 4, Item I '2.
Meeting Date 8/16/94
Plan amendment is anticipated to be processed for this portion of the land swap
at a future date, at which time final density assignments and removal of the
interim designation status from parcels R-9, OS-5, and FU are anticipated to be
made.
The above amendments have been incorporated in the proposed GDP Plan map.
(Exhibit I of EastLake II General Development Plan)
2. Eastlake Greens SPA Plan Amendments
The SPA Plan is proposed to be amended in five areas; boundary, density, trails, small
lot guidelines and scenic highway standards for Orange Avenue.
a. Boundary Amendment: As previously discussed, the Eastlake Greens Planned
Community boundary is proposed to be expanded by 22.7 acres. Parcel R-1O
is proposed to be expanded by 17.5 acres to incorporate the area between the
current southerly boundary of Eastlake Greens and realigned E. Orange Avenue,
and two 2.1 acre triangular areas are proposed to be added to Parcel R-20 and
R-23 (one to each parcel) for a total of 4.2 additional acres. The boundary
amendments have been incorporated on the proposed Site Utilization Plan
(Exhibit 3 of EastLake Greens SPA Plan).
b. Density: A total of 97 additional dwelling units are proposed to be added to the
Eastlake Greens SPA Plan as a result of the boundary change. In addition,
approval of minor and major density transfers within the SPA area have been
requested. All density modifications (additions and transfers) have been
included in the Site Utilization Plan statistical table (Exhibit 3 of EastLake
Greens SPA Plan).
Density transfers can be categorized as minor technical adjustments and changes
in product type, from attached dwellings to detached small-lot developments.
Minor technical adjustments are density transfers, both plus and minus, resulting
from the actual site planning of individual parcels. These changes do not reflect
any change to the original density range. Following is a summary of the parcels
proposed for minor technical adjustments.
/~.. 'f
Page 5, Item , 2-
Meeting Date 8/16/94
Parcel Number
Dwelling Unit IncreaseIDecrease
R-7
R-ll
R-14
R-23
R-22
R-24
R-25
R-27
-5
-5
+2
+9 (GPA based)
-5
-4
+4
+4
More significant density changes are also being proposed as a response to
product changes, from attached dwellings to detached small-lot developments.
There are five parcels affected by these changes: R-3, R-IO, R-15, R-20, and
R-28. Following is a summary of those density transfers.
Parcel Number
Dwelling Unit lncrease/Decrease
R-3
R-IO
R-15
R-20
R-28
+26
+79
-23
-18 (-27 total with boundary adjustment density added)
+33
Parcel R-3: This site is still proposed to be developed with single family
detached housing, however, the density of the parcel has been increased from
3.8 dulac to 5.0 dulac, in order to provide smaller lot sizes consistent with the
market demand. The average lot size has been reduced from 6,500 sq. ft. to
5,000 sq. ft.
Parcel R-IO: The density of this parcel is proposed to be slightly decreased,
from 6.0 dulac to 5.4 dulac due to the addition of the area associated with the
realignment of E. Orange Avenue at 4.5 dulac.
Parcel R-15: The density of this parcel is proposed to be reduced from 7.6
dulac to 5.6 dulac. The decrease is related to the change from attached to
detached housing.
Parcel R-20: The density on this parcel is proposed to be reduced from 12 dulac
to 9.3 dulac due to the proposed dwelling unit transfers to other parcels.
J)." 5'
Page 6, Item '2-
Meeting Date 8/16/94
Parcel R-28: This parcel was originally planned to be developed as a high
density area and was one of the parcels which were previously assigned an
Interim Density designation status. While the original high density designation
is not being pursued, the present allowable density of 4.5 du/ac is intended to
be increased to 9.8 du/ac due to the parcel's prime location and accessibility to
facilities. The proposed density provides flexibility for the development of
either attached multiple-family dwellings or single-family detached small-lot
product developments.
Aside from the 97-unit increase resulting from the additional 22.7 acres included
in the new EastLake Greens boundary, all of the above referenced density
transfers result in a no-net increase from the approved 2774 du's authorized for
the EastLake Greens.
c. Trails: A Golf Course Trail was originally approved as part of the Eastlake
Greens SPA Plan. A portion of this trail was planned to extend along the golf
course's perimeter. The developer proposes realigmnent of this portion of the
Golf Course Trail off the golf course frontage on to public sidewalks in order
to minimize exposure of the public to hazards and the City to accident liabilities.
The trail is still proposed as a loop within the Eastlake Greens Neighborhood,
fronting the golf course at points which afford scenic views. A series of six
vista points/rest stops are proposed to be provided at strategic locations around
the course. The vista points are proposed to include seating areas and are
located in areas of reduced hazard potential. Markers along the Golf Course
Trail are proposed to identify the trail and direct the public to the vista points.
The proposed Golf Course Trail realigmnent is shown on the proposed Trails
Plan (Exhibit 8 of EastLake Greens SPA Plan).
d. Small Lot Guidelines: Additional design guidelines for single family detached
lots under 5,000 sq. ft. are proposed to be included by referencing the City's
Design Manual in order to address specific small-lot development design issues.
e. Scenic Highway Standards: A 75' wide (average) landscaped buffer is proposed
to be provided on the north side of E. Orange A venue within the Eastlake
Greens area. The proposed buffer will be consistent with the 75-foot wide
scenic buffer treatment for the south side of E. Orange A venue, which was
previously approved by City Council in conjunction with the Otay RanchnGeneral Development Plan.
/.2"(,
Page 7, Item 12.-
Meeting Date 8/16/94
3. Eastlake II (Eastlake I Expansion) Planned Communitv District Regulations
Amendments
The Land Use District map in the Planned Community Regulations document is
proposed to be amended to reflect the new Eastlake Greens boundary and the following
changes in land use districts which have been influenced by current market demands
for certain residential product types.
a. Parcel R-16 and R-18: The land use district designation for these parcels is
proposed to be changed from RP-8 (Residential Planned Concept - 8 District)
to RC-IO (Residential Condominium - 10 District).
b. Parcel R-27: The land use district designation for this parcel is proposed to be
changed from RM-44 (Residential Multi-Family - 44 District) to RS-7
(Residential Single Family - 7 District).
c. Parcel R-28: The land use district for Parcel R-28 is proposed to be changed
from RM-44 (Residential Multi-Family - 44 District) to RC-IO (Residential
Condominium - 10 District).
4. Eastlake Greens Air Oualitv Improvement Plan and Water Conservation Plan
Amendments
Minor statistical amendments to the previously approved Eastlake Greens Air Quality
Improvement Plan and Water Conservation Plan are being proposed to reflect updated
project data.
5. Eastlake Greens Master Tentative Subdivision Map Amendments
The Master Tentative Map for Eastlake Greens is proposed to be amended to:
a. Include the 22.7 acres of land which are intended to be added to the EastLake
Greens SPA Plan area (T.M. sheet #8, 9 and 10);
b. Exclude Parcel R-9, OS-5, and FU which are located southwest of the SDG&E
transmission line (T.M. sheet #9);
c. Reflect the new Orange Avenue road alignment (T.M. sheet #9 and 10);
1.,2.-?
Page 8, Item I 2-
Meeting Date 8/16/94
d. Reflect changes in development patterns of previously subdivided parcels,
resulting from the requested density transfers and additions to the Eastlake
Greens SPA Plan (R-7/T.M. sheet #3, R-ll/T.M. sheet #4, R-14/TM sheet #6,
R-3/TM sheet #7 and 8).
A number of conditions have been recommended by the Engineering, Planning and Fire
Departments as conditions of Tentative Map approval. The majority of these new
conditions reflect new City standards which were adopted subsequently to the approval
of the EastLake Greens Master Tentative Subdivision Map. These conditions are listed
on page 9-15 of the attached draft City Council Resolution.
6. Prezone
A total of approximately 22.7 acres of presently unincorporated area is proposed to be
added to the Eastlake Greens Planned Community. The area is presently zoned S-
87/Special Purpose Limited Control - I du/2S du (San Diego County Zoning) and is
proposed to be prezoned Planned Community. The subject parcels are anticipated to
be annexed within a year, upon completion of the City's Sphere of Influence Study
currently underway.
ANAL YSIS
The current Eastlake II General Development Plan, Eastlake Greens SPA Plan, and Eastlake
II Planned Community Regulations are inconsistent with the recent General Plan amendment
with respect to the alignment of E. Orange A venue, and logical development boundaries in and
around the SDG&E easement. Both of these inconsistencies relate to the EastLake Greens land
swap actions. The proposed amendments will bring the Eastlake Greens SPA Plan and
associated documents into conformance with the amended General Plan as well as the Public
Facilities Financing Plan, Air Quality Improvement Plan, and Water Conservation Plan, and
will provide the public with updated plans of intended development. The amended GDP/SPA
Plan statistics will also provide a more accurate basis for other planning purposes, such as
projection of infrastructure needs.
The majority of the proposed density transfers are intended to address market demands and are
consistent with the general development pattern and density previously approved for Eastlake
Greens. These amendments also allow a more logical transition of construction within the
Eastlake Greens Planned Community, consistent with the phasing of internal and external
infrastructure. Accomplishment of the amended SPA plan would continue to allow
construction of public facilities; such as parks, schools, and transportation facilities to be
provided in a timely manner.
/ ,J-rr
Page 9, Item 12
Meeting Date 8/16/94
The proposed amendments incorporate a number of minor technical plan refinements. The
updated statistics for developed or precisely planned parcels provide a more accurate planning
document. The refinement of the trail system for public view of the golf course provides an
less hazardous and thus preferred system. The inclusion of small lot guideline references
within the Eastlake Greens SPA Plan would improve the site plan review of such projects. The
amendment to the scenic highway standards for E. Orange Avenue will enhance the visual
quality of the scenic corridor.
FISCAL IMPACT: The addition of 22.7 acres and 97 additional dwelling units has no
measurable impact on the original fiscal analysis prepared for EastLake Greens. The original
fiscal analysis concluded that the project results in a positive fiscal return to the City.
Attachments: {Mitigated Negative Declaration [S-94-19 and Mitigation Monitoring and Reporting Program
Resource Conservation Commission Minutes (4/11/94)
~ Planning Commission Reso[ution PCZ-94-D/PCM-94-24/PCM-94-27/PCM-93-6/PCS-88-34
" Planning Commission Minutes (7/27/94)
Disclosure Statement
M:\home\planning\207S.94
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:.:.:~:.:.:.:.:.:.:. INDICATES AREAS TO' BE ADDED
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CHULA VISTA PLANNING DEPARTMENT
C!) APPLICANT: Easdake Development PROJECT DESCRIPTION:
EASTLAKE GREENS
ADDRESS: !IOO Lane Avenue SPA/GDP/Prezone/P.C. Amendments
/..2 .../t) / /t-/.37
SCALE: FILE NUMBER:
NORTH NONE
General
Development
Plan
(PROPOSED)
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ill Areas being amended
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~E"ASTLAKE
" I'LNND c:a.MNTY I\' WTLAICE IlEVIl.CIMNl co
r CHULA VIST A PLANNING DEPARTMENT
C!) PROJECT DESCRIPTION:
EXHIBIT +1 Eastlake II (Eastlake I Expansion)
General Development Plan
SCALE: FILE NUMBER: Amendment
NORTI:l N/A PCM-94-24 f g - / '2,<:;(
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GREENS
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CBULA VIST A PLANNING DEPARTMENT
(!) PROJECT DESCRIPTION:
E~IBIT #2 Eastlake Greens Sectional Planning
Area (SPA) Plan Amendment
SCALE: FILE NUMBER: 10- 13~ I /).-/~O
NORm N/A PCM - 94 - 27
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THE CITY OF CHUU VISTA PARTY DISCLOSURE STATEMENT
~ 'tement of disclosure of certain ownership interests, payments, or campaign contnbutions, on all matters
..ich will require discretionary action on the part of the City Council, Planning Commission, and all other
official bodies. The following information must be disclosed:
1.
Ust the names of all persons having
. subcontractor, material supplier.
EA'STLM. "DEV[LOPiY'iN't eo...AwY
.. CA. Ctsf\1 ~A.I;~~I,f:)
a financial interest m the contract, i.e., contractor,
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1\.lE. T'L/LN',^ r-^ .. (:.1.1>1. ~"M:Vt
2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership
interest in the partnership.
':1. <S. ~OSL.A.J' u.. ~M./JAf.N
3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
",A
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees and Council within the past twelve months? Yes_
No.x... If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants or independent
contractors who you bzve usigned to represent YO;J before the City in Ibis maner.
G,~ft-r' C'~I .. CtN"fI L..N)::. ~"a1...
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Councilmember in the current or preceding election period? Yes _ No K.. If yes, state which
Councilmember(s):
Person is defined as: "Any individual, fim~ co-ptl1'lllmhip, joilll VDIrure, associnrioll, ,odal club, fratenlal organimlion, corportrlioll,
estate, tTUSt, receivO', syndicate, this ll1Id any othO' COUllty, city IJ1Id COUlltry, city, lIIunicipality, district or OIho politicallUbdMsion,
or all)' other group or combinDliOll acting as a ulli/."
(NOTE: Attach additional pages as necessary)
3/9/<;";
,
ate:
~~
Signature of contractor/applicant
" 1....11 ~ADISCl.OSE.Th"TJ
~/?rJC€. ..v. $Lo/MI
Print or type name of contractor/applicant
(R.w.d; II f30,'JO)
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July 17, 1994
Memorandum to:
Planning Commission
Via:
Bob Leiter, Director of Planning
From
Barbara Reid, Associate Planner
Subject:
Consideration of Pre zoning and Incorporation
of 22.7 acres of land within Eastlake Greens
and amending the Eastlake II (Eastlake I
Expansion) General Development Plan, Eastlake
Greens SPA Plan, Eastlake II Planned Community
District Regulations, Eastlake Greens Air
Quality and Water Conservation Plan, Eastlake
Greens Master Tentative Map
On February 28, 1994, a Mitigated Negative Declaration was posted
with the County Clerk for IS-94-l9. That document analyzed the
proposed modification to the Eastlake Greens GDP/SPA and the
formation of an Assessment District for various - .public
improvements.
Subsequent to that time further modifications have been proposed by
Eastlake Development Company that reflect market considerations.
These modifications do not increase the acreage of land proposed to
be added to the Eastlake Greens SPA area (22.7 acres) or increase
the total number of dwelling units that are proposed to be added
(97) . Therefore, the analysis within the Mitigated Negative
Declaration is adequate in spite of some of the numbers changing
subsequent to that time within the individual parcels.
The summaries of the previous EIR prepared for Eastlake Greens is
attached for your information, (EIR-86-4, Eastlake Greens Soa Plan
and Eastlake Trails Pre-Zone and Annexation Final Suoolemental
Environmental Imoact Reoort).
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SECTION I
INTRODUCTION AND SUMMARY
1.1 PURPOSE or THE ElK
This Su~lemental Environmental Impact Report (SEIR) has been prepared for the City of
Chula ISla on the proposed EastLake GreenslEastLake Trails project. The California
Environmental Quality Act (CEQA) of 1970 requires the preparatlon of EIRs or other
environmental analyses for any di~tionary project the City of ChuIa Vista may approve.
The purpose of an EIR is to inform the public and decision makers about the nature of a
project being. considered and the extent and kinds of impacts the project and alternative
projects would have on the environment if the project were to be carried ouL
Environmental Impact Reports must contain discussions of specific topics as outlined in
guidelines for the implementation of CEQA prepared by the State Secrewy for Resources.
. These guidelines an: periodically updated to comply with changes in CEQA and court
~ interpretations.
,
A Master EIR for all the EastLake development (including EastLake GreenslTrails) was
completedmFebruaIy of 1982. In addition, 392.1 acres of EastLake Greens were '7
reviewed in an EIR prepared for EastLake I in IanuaIy 1985. The document contained
herein presents aaaftional information. and covers effects on the environment which an:
specific to the EastLake GreenslTrails site and those that were not previously addressed as
significant effects.
The SEIR contains sections required by CEQA, such as a snmmary, project description,
environmental setting and project alternatives, as well as a detailed impact analysis. The
impact analysis, Section 4, addresses the following issues: land use, transportation and
circulation, services/utilities, visual resources, geology/soils, hydrology/water quality, air
quality, socioeconomics, fiscal impacts, noise, biology and paleontology, and energy.
Each of the impact analysis sections discuss impacts associated with the implementation of
the EastLake Greens SPA Plan and the annexation of the EastLake Trails acreage.
The final chapters of the SEIR include the following:
. Growth inducement
. Effects found not to be significant
. The relationship between local shon-term uses of man's environment and the
maintenance and enhancement of long-tenn productivity
. Significant irreversible environmental changes
This Draft Supplemental Environmental Impact Repon will be available for review by the
public and public agencies for a period of 30 days. Comments on the SEIR are invited and
may be submitted to the City of Chula Vista Depanment of Planning, 276 Fo!Jlth Avenue,
Chula Vista, CA 92010. The Draft SEIR will be available at the Depanment of Planning
and the ChuIa Vista City IibraIy. The Deparunent of Planning will consider all written
comments on :he Draft EIR before making recommendations to the Planning Commission
regarding the extent and nature of the environmental impacts of the proposed project.
The City of Chula Vista Planning Commission will hear further public input and will
consider the Final EIR when making recommendations on the project to the City Council.
(Contact City Planning at [619] 691.5101 for exact time and date of Planning Commission
hearing.) The Council must certify the Final EIR as complete and in compliance with
CEQA before considering it in approving or disapproving the project. Public input is
encouraged at all hearings. In the final review of the project plan,environmental
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The proposed EastLake Trails project also involves a number of revisions to land use
policy. These include the annexation and prc:.zonin~ of 397.9 acres. an amendment to the
City of Cbula Vista ~ Plait M!P. and revisions to the East' .lI1r~ Polley Plan. No
adverse land use effccts are expected to occur u a n:sult of the proposed changes.
TranmortationICirculation
Potentially significant imnacts'~ ~ cin:u1ation involve the generation of
additional vehicle uips WOci~ the EastLake Greens project. This additional traffic
would result'in the reduction of levels of service (LOS) on local street segments and
interSections to Ue-lQw ~table Uls (i.e.. below LOS C). These impacts will be most
evident on Telegraph Canyon Road and various sections along Bonita Road. Two
segments of Bonita are already at LOS D and F respectively. and that the project will
conuibute only 1% of the total ADT to these segments. The mitigations proposed in the
traffic analysis repon prepared for the project by Willdan Associates and the developer's
participation in the East Chula Vista Transportation Phuing Plan would result in no
significant adverse traffic impacts from the implementation of the EastLake Greens and
Trails project.
SetviceslUrilities
Significant potential impactS to public services and utilities involve a decrease in the ability
to provide adequate services such as water availability. sewer. education. police and fire
protection. paries and recreation facilities. library facilities. energy and telephone
availability. medical facilities/service. and solid waste disposal. For EastLake Greens.
these potential impacts are considered mitigable below levels of significance through
implementation of the policies set forth in prior environmental documentation (MElR.
SPA). The specific mitigation measures discussed in this SEIR and the combined
cooperative efforts of the developers in the vicinity will result in proper construction and
phasing of the proposed EastLalte Greens and the needed facilities.
Development of the annexation area (East.Lakc Trails) would increase the burden to public
services and utilities; however, the annexation itself would not create a significant impact.
Additional studies must be conducted to determine the specific impacts EastLake Trails
would have on the availability of services and utilities.
Visual Resources
Development of the EastLake Greens project would substantially alter the landform and
visual character of the site. resulting in a number of potentially significant impacts.
Implementation of the grading plan for EastLake Greens will measurably alter the
topographic profile. Approval of the proposed annexation of the EastLake Trails' would not
directly affect the existing landforms; buildout would. however. change a majority of the
existing site from agriculture to an urbanized cormnunity.
EastLake Greens on-site views would not change significantly except where determined by
project development itself, and panoramic views would remain essentially unchanged.
Adverse impacts are associated with the onsite water tank and the proposed second water
tank storage (acUity. An increase in short-term visual impacts related to construction related
activities for the development of EastLalte Greens would also occur. These impacts are not
considered significant due to their limited duration. Overall. potentially significant visual
quality impactS are anticipated with buildout of the annexation area.
~ 1;1- 144
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Air l"hUt1ity
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Potentially sigTlifi("1lnt cumulaIive impacts to air quality have been identified. These impacts
are related to the increase in both stationary and mobile emissions associated with the
projected population growth (and the subsequent increases in vehicular l1'Iffic, etc.). In
addition. because a portion of the project was not included in the SANDAG Series S and 7
growth forecasts, (the basis for the air quality attainment plans contained in the 1982 SIP
revisions and the 1985 progress report of the APCD) EastLake Greensffrails is considered
to have a potentially significant, cumulative air quality impact. Consequendy, the City of
ChuIa Vista will annually provide San Diego Air Quality Control District with a 12 to 15
month development forecast to evaluate impacts related to air quality (Chula Vista 1987).
The more recent SANDAG Series 7 forecasts, containing the EastLake n development, will
be used in the next SIP revisions.
Although the project can incorporate a variety of mitigation measures to reduce shon- and
. long-term air quality impacts, the development would still represent growth that was not
considered in SANDAG's Series 5 and 6 growth forecasts, and therefore the project could
potentially have a significant cumulative impact on air quality even after mitigation
measures have been implemented.
Biolo~ca1 Resources
Potentially significant impacts to existing habitats, including foraging habitat. within
EastLake Greens are not expected to OCCID'.
Biological impactS related to the Salt Creek drainage cannot be specifically analyzed at this
time. and further environmental analysis will be required relative to the EastLake Trails
SPA and Tentative Map.
Socioeconomic Factors
Potential impacts to socioeconomics involve population, housing, and employment.
Population impacts are considered nlitigable by incorporating proper phasing of urban
infrasauctures and services with the project itself. The proposed housing is consistent with
housing goals of the City of Chula Vista as well as the provisions for low to moderate
income dwelling units. The EastLake Greens provides higher employment opportUnities
than originally anticipated when the EastLake Community Plan was approved. Both
housing and employment do not represent significant poten1ial impacts. and therefore. no
mitigation mca51D'e5 are necessary'.
Based on the fiscal analysis prepared by Public Affairs Consultants. the EastLake
Greensffrails project is estimated to provide net revenues which would result in a beneficial
impact to the City of Chula Vista. No significant adverse impacts would be-expected
concerning the fiscal issue.
~
Potentially significant impacts associated with the EastLake Greens project impacts were
calculated using the Federal Highway Administration Stamina 2.0 Noise Prediction Model.
In residential reas adjacent to EastLake Parkway, between the northern and southern entry
roads and the park proposed adjacent to the high school noise levels would exceed
65 dB(A). Exterior noise levels above 65 dB(A) CNEL are considered incompatible with
both residential and ~!Irldand areas. These areas would also experience significant interior
noise impacts.
.J.-5 1:2 - 14 f
Mitigated Negal.ve Declaration
AAP-(
PROJECT NAME: Modification to the EastLake Greens GDP/SPA and the formation
of an Assessment District for various public improvements
PROJECT LOCATION: South of Otay Lakes Road between EastLake Parkway and Hunte
Parkway
PROJECT ~PLICANT: Eastlake Development Company
CASE NO: IS-94-19
DATE: February 28, 1994
A. Proiect Setting
The project site located south of Otay Lakes Road between EastLake Parkway and Hunte
Parkway and this general vicinity (Eastlake and Otay Ranch) do not involve any substantial
soil or any geotechnical hazards that would impact the proposed project.
The project is located within the San Diego air basin which is an air quality non-attainment
basin. The project includes a 97 dwelling unit increase because of the expansion in land
area of the Greens SPA. This will not result in a substantial increase in emission into the
air basin or any substantial degradation in air quality.
However, because the increase in the projected units is more than 50, compliance with the
City requirement for an Air Quality Improvement Plan must be met. Thus, this less-than-
significant impact will be further reduced.
The project site involves the Telegraph Canyon Creek, Poggi Canyon Creek and Salt Creek
drainage basins. Future regional facilities in these basins may nee4 additional cumulative
capacities to serve the 22.7 additional acres being added to the SPA boundary but the
impacts of this project would not be significant. These drainage courses do not enter any
potable water sources nor are they a significant source of any ground water.
This property has been used for agricultural purposes for many decades and is void of any
significant vegetation or animal life. The project could affect raptor habitats but given the
limited acreage this is not significant.
There are various streets in the project area which have traffic volumes that may result n
adverse noise levels. Once precise pad elevations n;lative to street elevations are knowo,
specific mitigation will be identified and implemented. This residential project will not
result in any significant sources of light or glare.
The project as proposed is consistent with the other low-medium densities adjacent to and
in the vicinity of the project site and the population levels are consistent with the project
area.
Public facilities and services including transportation are available and adequate to s~ Vt-
the project site and vicinity. ::- r-
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city of chula vista planning department CI1Y OF
environmental review ..ctlon. CHUlA VISTA
Ij)- flf J
The underlying geological strata on the project site possess a high potential for significant
paleontological resources. Those areas which have been graded have been monitored and
any significant resources recovered. This monitoring will continue in the currently non-
graded areas.
Mitigation of any potential cultural resources on the project site was previously
implemented.
.
B. Proiect Descriotion
General Descriotion
The project is an amendment to the adopted Eastlake I General Development Plan (GDP),
which includes EastLake Greens; an amendment to the adopted Eastlake Greens SPA Plan
(SPA) and Tentative Tract Map; and the annexation of approximately 23 acres to the City
of Chula Vista. The amendments to the GDP and Tentative Tract Map are intended to
reflect those changes proposed in the SPA Plan. The changes in the SPA Plan are of the
following two categories:
I. Amending the GDP/SPA to include those parcels of the recent Land Swap General
Plan Amendment east of the SDG&E transmission easement (expansion of Parcels
R-IO, R-20, and R-23 for 97 additional units).
2. Transfers of units within the existing SPA boundary to reflect refmements with no
net increase of density.
3. The formation of an Assessment District to (94-1 Eastlake II) for the installation
of public facilities to serve the project.
Included is Table I, the Adopted Site Utilization Plan and Table 2 which summarizes the
proposed residential changes.
Descriotion of Land Swao Area Amendment
Only those areas east of the transmission easement area included in this amendment. The
balance of the Land Swap Area (between the Otay Ranch and Eastlake), which was
recently the subject of a General Plan Amendment, will be covered by a separate
amendment. The purpose of including the areas in this proposed amendment separately is
because they are logical expansions of existing parcels within the Eastlake Greens SPA
plan. The parcels that are expanded by the recent GPA include Parcels R-IO, R-20 and R-
23. Upon favorable action, these areas are proposed to be annexed to the City of Chula
Vista. Following is a description of each of these parcels:
R-JO: The realignment of Orange Avenue to the south expanded
this parcel's boundary. These expanded areas were designated Low-
Medium Density on the General Plan. The mid-point of the density
range (4.5 dulac) is being proposed. The total increase for this
parcel is 79 du (67 du in the Land Swap Area and 12 du in areas
previously indicated as Orange Avenue/Future Urban).
Page 2
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'rABLE 1
EastLake Greens site utilization Plan
Existinq Residential Land Use statistics
Parcel Density Acres 'rarqet 'rarqet
Number Ranae Densitv Units
R-l 0-5 19.7 2.7 54
R-2 0-5 14.7 2.7 40
R-3 0-5 21.8 3.8 83
R-4 0-5 24.0 4.3 104
R-5 0-5 23.0 4.6 105
R-6 0-5 17.4 5.0 88
R-7 5-15 10.7 6.0 65
R-8 5-15 16.4 5.9 96
R-9 5-15 8.5 5.3 45
R-10 .5-15 27.9 6.0 167
R-ll 5-15 14.6 6.3 92
R-12 5-15 14.3 6.5 93
R-13 5-15 22.6 6.3 142
R-14 5-15 11.4 7.4 84
R-15 5-15 11.6 7.6 88
R-16 5-15 10.5 7.9 83
R-17 5-15 29.7 7.2 214
R-18 5-15 9.9 8.8 87
R-19 5-15 14.9 10.6 158
R-20 5-15 13.6 12.0 164
R-21 5-15 10.0 12.0 120
R-22 5-15 10.8 13.5 146
R-23 5-15 13.7 15.0 205
R-24 15-25 5.0 10.0 50
R-25 15-25 7.4 10.0 74
R-26* 15-25 13.3 4.5 60
R-27* 25+ 8.9 4.5 40
R-28* 25+ 6.1 4..5 27
'rO'rAL 412.4 ac 2774 du
*Interim Desiqnation
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4.
~ABLE 2
EastLake Greens site utilization Plan
Proposed Residential Land Use statistics
Parcel Density Acres ~arqet ~arqet :Increase(+)
Number Ranae Densitv Units Deerease(-\
R-l 0-5 19.7 2.7 54 0
R-2 0-5 14.7 2.7 40 0
R-3 0-5 21.8 4.7 102 +19
R-4 0-5 24.0 4.3 104 0
R-5 0-5 23.0 4.6 105 0
R-6 5-15 17.4 5.1 88 0
R-7 5-15 10.7 5.6 60 -5
R-8 5-15 16.4 5.9 96 0
R-9* 5-15 8.5 5.3 45 0
R-l0 5-15 45.4 5.4 246 +79
R-ll 5-15 14.6 6.0 87 -5
R-12 5-15 14.3 6.5 93 0
R-13 5-15 22.6 6.3 142 0
R-14 5-15 11.4 7.4 86 +2
R-15 5-15 11.6 6.5 65 -23
R-16 5-15 10.5 7.9 83 0
R-17 5-15 29.7 7.2 214 0
R-18 5-15 9.9 8.8 87 0
R-19 5-15 14.9 10.6 158 0
R-20 5-15 15.7 9.2 153 +11
R-21 5-15 10.0 12.0 120 0
R-22 5-15 10.8 13.1 141 -5
R-23 5-15 15.8 13.5 214 +9
R-24 5-15 5.0 10.0 46 -4
R-25 5-15 7.4 10.0 78 +4
R-26* 5-15 13.3 4.5 60 0
R-27 0-5 8.9 4.9 44 +4
R-28 5-15 6..1 9.8" 60 +33
Wl'AL 434.1 ac 6.6 2871 du +97
*:Interu Desiqnation: parcel subject to future SPA Amendment
to be consistent with the General Plan.
1-11-94
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R-20: This parcel is expanded by a 2.1 acre triangle adjacent to the
SDG&E easement. The new area is computed at the mid-point of
the Low-Medium density range (4.5 du/ac). A reduction is proposed
for the parcel as a whole to reflect current planning/marketing.
R-23: This parcel is identical to the changes for R-20, except that
no decrease in the density is proposed. A net increase of 9 units are
proposed for this 2.1 acre addition to the SPA.
A total increase of 22.7 acres and 97 du are included in these three parcels.
Descriotion of Density Transfers
This amendment includes density transfers within the existing SPA boundary to reflect
current planning/marketing. These changes do not increase the number of units (2774 du)
previously adopted. Following is a summary of the density transfers. Refer also to Table
2 for a composite of both density transfers and additions resulting from the additional Land
Swap Areas.
Parcel Number
R-3
R-7
R-lI
R-14
R-15
R-20
R-22
R-24
R-25
R-27
R-28
TOTAL
DU Increase DU Decrease
+19
-5
-5
+2
-23
-20
-5
-4
+4
+4
+33
+62 -62
Descriotion of Assessment District Work
The general description of work to be funded by Assessment District 94-1 consists of the
following:
I. Street improvements consisting of grading, base, paving, gutter, sidewalk, street
lighting and landscaping within the following rights-of-way:
a. South Greensview Drive from Clubhouse Drive to Unit 6 entrance (2,400
L.F., Phase I).
b. South Greensview Drive from Silverado Drive to Hunte Parkway (3,400
L.F., Phase 2).
c. South Greensview Drive from Unit 6 entrance to Silverado Drive (1,920
L.F., Phase 3).
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2. Utilities and underground improvements consisting of potable water facilities, storm
drain facilities, sewer facilities, reclaimed water facilities, electric facilities,
telephone facilities, gas facilities, television facilities as appropriate by applicable
state and federal statutes within the following rights-of-way:
a. South Greensview Drive from Clubhouse Drive to Unit 6 entrance (2,400
L.F., Phase I).
b. South Greensview Drive from Silverado Drive to Hunte Parkway (3,400
L.F., Phase 2).
c. South Greensview Drive from Unit 6 entrance to Silverado Drive (1,920
L.F., Phase 3).
3. D IF funded street improvements consisting of grading, storm drain, base, paving,
curb, gutter, sidewalk, medians, street lighting, landscaping and street
monumentation within the following rights-of-way:
a. Hunte Parkway from Clubhouse Drive to South Greensview Drive (2,300
L.F., Phase 2).
4. D1F funded street and underground improvements consisting of grading, and storm
drain improvements within the following rights-of-way:
a. Hunte Parkway from South Greensview to Orange Avenue (1,270 L.F.,
Phase 2).
b. Orange Avenue from Hunte Parkway to the SDG&E easement (3,500 L.F.,
Phase 2).
DiscretionarY Actions Associated (but not limited to) the Proiect Area
I. General Development Plan Amendment
2. Sectional Area Plan (SPA) Amendment
3. Modification to the Eastlake Greens Site Utilization Plan
4. Establishment of District 94-1
5. Annexation
6. Tentative Subdivision Map
7. Design Review
C. ComDatibilitv with Zoning and Plans
The project is consistent with the overall General Plan. The project involves an
amendment to the more specific land use regulations of the Eastlake Greens General
Development Plan (GDP) and Sectional Planning Area Plan (SPA).
D. Identification of Environmental Effects
An initial study conducted by the City of Chula Vista (including the attached
Environmental Checklist Form) determined that the propo.ed project could have one or
WPC F,IHOME\PLANNlNG\I736.94
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more significant environmental effects. Subsequent revisions in the project design and/or
specific mitigation measures will be implemented to reduce these effects to a level below
significant. With project revisions and/or mitigation, no significant environmental effects
will occur, and the preparation of an Environmental Impact Report will not be required.
This Mitigated Negative Declaration has been prepared in accordance with Section 15070
of the State CEQA Guidelines. Specific mitigation measures are set forth in the Mitigation
Monitoring Program which is attached as Attachment nAn.
The following impacts are those that were determined to be potentially significant and are
required to be mitigated to a level below significant. A discussion of each of these
potentially significant but mitigatable impacts from the proposed project follows.
Acoustics
The Initial Study has noted that traffic volume on roadways in and adjacent to the project
site could increase ambient noise to an unacceptable level.
E. Mitil!ation necessarv to avoid sil!nificant effects
Specific project mitigation measures are required to reduce potentially significant
environmental impacts identified in the initial study for this project to a level below
significant.Mitigation measures have been incorporated into the project design and have
been made conditions of project approval, as well as requirements of the attached
Mitigation Monitoring Program (Attachment nAn).
At the time of consideration of a Tentative Subdivision Map or Design Review
Supplemental Acoustical reports will be prepared for projects adjacent to Chula Vista
General Plan Circulation Element Roadways. At that time the precise elevation of
roadways and residential development pads will be available. With this information, it will
be feasible to make an accurate forecast of noise levels and the appropriate mitigation
measures necessary to reduce noise levels to an acceptable 65 exterior dBA (CNEL).
These acoustical reports must be based on the latest buildout traffic forecast and must
validate the achievement of the 65 exterior dBA (CNEL) standard.
F. Consultation
I. Individuals and Orl!anizations
City of Chula Vista: Roger Daoust, Engineering
Cliff Swanson, Engineering
Hal Rosenberg, Engineering
Bob Sennett, Planning
Ken Larsen, Director of Building & Housing
Carol Gove, Fire Marshal
Crime Prevention, MaryJane Diosdada
Marty Schmidt, Parks & Recreation Dept.
Rich Rudolf, Assistant City Attorney
WPC F:\HOME\PLANNlNG\1736.94 Page S
1;2- I;>!(
Chula Vista City School District: Kate Shurson
Sweetwater Union High School District: Tom Silva
Applicant's Agent: Gary Cinti
Cinti Land Planning
3625 Midway Dr., #292
San Diego, CA 92110
2. . Documents
Chula Vista General Plan (1989) and EIR (1989)
Chula Vista Municipal Code
Letter dated February 9, 1994 from Bruce Sloan, Sr. Project Manager,
EastLakeDevelopment Co. regarding sewage generation in sewage basins,
improvements and fmancing
Letter dated February 7, 1994, Dennis C. Bowling, Director Water Resources
Division, Rick Engineering Co., regarding the adequacy of drainage systems
Letter dated February 18, 1994, Andy Schlaefli, Vice President Urban Systems
Associates, Inc. regarding the adequacy of the Transportation Circulation System
3. Initial Studv
This environmental determination is based on the attached Initial Study as well as
any comments on the Initial Study and this Mitigated Negative Declaration, and
reflects the independent judgement of the City of Chula Vista. Further information
regarding the environmental review of the project is available from the Chula Vista
Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910.
EN 6 (Rev. 5/93)
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Attachment A
MITIGATION MONITORING PROGRAM
MITIGATION MEASURE
At the time of Consideration of a Tentative Subdivision Map or
Design Review Supplemental Acoustical Reports will be prepared
for projects adjacent to Chula Vista General Plan Circulation
Element Roadways. At that time, the precise elevation of
roadways and residential development pads will be available.
With this information, it will be feasible to make an accurate
forecast of noise levels and the appropriate mitigation
measures necessary to reduce noise levels to an acceptable 65
exterior dBA (CNEL) standard.
MONITORING REOUIREMENT
Prior to granting a tentative subdivision map or design review
approval, a noise study forecasting noise levels and the
appropriate measures necessary to reduce noise levels to an
acceptable exterior 65 dBA CNEL is required.
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AREA OF DENSITY TllANSFER
.
ADDED TO SPA BOUNDARY
t CHULA VISTA PLANNING DEPARTMENT
lC!) APPLICANT: Easdake Development CO. PROJECT DESCRIPTION:
, EASTLAKE GREENS
ADDRESS: 900 Lane Avenue General Development Plan Amendment
SCALE: FILE NUMBER: and SPA Amendment
l NORTH NO SCALE 18-94-19
!}t-!<;]
Case No. 15-94-19
APPENDIX 1
ENVIRONMENTAL CHECKLIST FORM
(To Be Completed By Lead Agency)
Background
1. Name of Proponent: Eastlake DevelODment Co.
2. Address and Phone Number of Proponent: 900 Lane Ave.. Suite 100.
Chula Vista. CA 91913
3. Date of Checklist: Februarv 24. 1994
4. Name of Proposal: Eastlake Greens GDPJSPA Amendment
S. Initial Study Number: IS-94-19
Environmental Impacts
1. Earth. Will the proposal result in: YES MAYBE NO
a. Unstable earth conditions or changes in
geologic substructures? Cl Cl .
b. Disruptions. displacements. compaction or
overcovering of the soil? Cl . Cl
c. Change in topography or ground surface
relief features? Cl . Cl
d. The destruction, covering or modification
of any unique geologic or physical features? Cl Cl .
e. Any increase in wind or water erosion of
soils. either on or off the site? Cl . Cl
f. Changes in deposition or erosion of beach
sands, or changes in siltation, deposition
or erosion which may modify the channel of
a river or stream or the bed of the ocean or
any bay, inlet or lake? Cl Cl .
g. Exposure of people or property to geologic
hazards such as earthquakes, landslides, mud
slides, ground failure, or similar hazards? [J Cl .
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g.
Exposure of people or property to geologic
hazards such as earthquakes, landslides, mud
slides, ground failure, or similar hazards?
.
o
o
Comments:
The project is proposed for an urbanizing area of eastern Chula Vista. There have no fmding
of significant problems in the areas of geology soils or erosion. Generalized and more
specific substantiation of the geotechnical and soil suitability of the project site is in the City
of Cl}ula Vista General Plan FEIR (1989), EastLake FEIR (1982), EastLake SPA 1 FEIR
(1985), Eastlake Greens SPA & EastLake Trails Prezone & Annexation FSEIR (1989), and
Otay Ranch FPEIR (1993), and other more specific geological and soils reports on file with
the City of Chula Vista Public Works Department, Engineering Division.
2.
There will be some modification of existing topography, however, this is considered very
minor and not significant given the lack of any significant topographic features.
Air. Will the proposal result in:
YES MAYBE 00
a.
Substantial air emissions or deterioration
of ambient air quality?
.
o
o
b.
The creation of objectionable odors?
o
.
o
c.
Alteration of air movement, moisture, or
temperature, or any change in climate,
either locally or regionally?
.
o
o
Comments:
The San Diego air basin is a non-attainment air basin. The proposed project would
result in an increase of 97 units within the Eastlake Greens SPA. The emissions
from the traffic and energy generation associated with this project is not significant
when considering the overall generation of emissions. On a cumulative basis, the
emissions from this project are so minimal they are not cumulatively significant.
3.
Water. Will the Proposal result in:
YES MAYBE 00
a.
Changes in currents, or the course or
direction of water movements, in either
marine or fresh waters?
o
o
.
b.
Changes in absorption rates, drainage
patterns, or the rate and amount of
surface runoff?
o
.
o
c.
Alterations to the course or flow or
flood waters?
.
o
o
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e.
Discharge into surface waters, or any
alteration of surface water quality,
including but not limited to temperature,
dissolved oxygen or turbidity?
[J
[J
.
f.
Alteration of the direction or rate of
flow of ground waters?
D
D
.
g.
"Change in the quantity of ground waters,
either through direct additions or
withdrawals, or through interception of
an aquifer by cuts or excavations?
D
D
.
h.
Substantial reduction in the amount of
water otherwise available for public
water supplies?
D
D
.
i.
Exposure of people or property to water
related hazards such as flooding or
tidal waves?
D
D
.
Comments:
The project site" and vicinity do not involve any affected marine or fresh water areas, flood
waters, water bodies, or known ground water. There will be a minor change in absorption
rate which will result in minor-Iess-than-significant change in runoff (see letter from Dennis
C. Bowling dated 2nt94).
4. Plant Life. Will the proposal result in: YES MAYBE .BQ
a. Change in the diversity of species, or
number of any species of plants (including
trees, shrubs, grass, crops, and aquatic
plants)? D D .
b. Reduction of the numbers of any unique,
rare or endangered species of plants? D D .
c. Introduction of new species of plants into
into an area, or in a barrier to the normal
replenishment of existing species? D D .
d. Reduction in acreage of any agricultural
crop? D [J .
Comments:
The project site has been used for agricultural purposes for decades and portions are now
graded imd some areas have been developed (transfer area). This general area is used as
Raptor territory, however, with only a 22.7 acre increase in SPA size, this is not significant
Page 9
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S. Animal Life. Will the proposal result in: m. MAYBE .1:ill
a. Change in the diversity of species, or
numbers of any species of animals (birds,
land animals including reptiles, fish and
shellfish, benthic organisms or insects)? [J [J .
b. Reduction of the numbers of any unique,
rare or endangered species of animals'? 0 0 .
c. .Introduction of new species of animals
into an area, or result in a barrier to
the migration or movement of animals'? 0 0 .
d. Deterioration to existing fish or wildlife
habitat? [J 0 .
Comments:
The project site has been used for agricultural purposes for decades and portions are now
graded and some areas have been developed (transfer area). This general area is used as
Raptor territory, however, with only a 22.7 acre increase in SPA size, this is not significant.
6.
Noise. Will the proposal result in:
YES MAYBE lill
a.
Increases in existing noise levels'?
o
o
.
b.
Exposure of people to severe noise
levels?
[J
.
o
Comments:
Traffic volumes on roadways in and adjacent to the project site could increase ambient
noise to an unacceptable level. At the time of consideration of a Tentative
Subdivision Map or Design Review, supplemental acoustical reports will be prepared
for projects adjacent to alUla Vista General Plan Circulation Element Roadways. At
that time the precise elevation of roadways and residential development pads. With
this information it will be feasible to make an accurate forecast of noise levels and
the appropriate mitigation measures necessary to reduce noise levels and the
appropriate mitigation measures necessary to reduce noise levels to an acceptable 6S
exterior dBA (CNEL). These acoustical reports must be based on the latest buildout
traffic forecast and must validate the achievement of the 6S exterior dBA (CNEL)
. standard.
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7.
Light and Glare. Will the proposal produce
new light or glare?
YES MAYBE NO
CI CI .
\
Comments:
This is primarily a residential project that will not produce any significant new light or glare.
If there are any unique sources proposed or established, they will be regulated through the
perfonnance standards in the Municipal Code.
8.
Land Use. Will the proposal result in a
substantial alteration of the present or
planned land use of an area?
YES MAYBE lill
CI
CI
.
Comments:
The proposed project is in a planned community which is internally consistent that
assures land use compatibility. The project expansion areas are within logical
boundaries (the SDG&E transmission lines and East Orange Avenue). The overall
external compatibility has been assured through coordination with the adjacent Otay
Ranch, Otay Water District facilities and SR 125 alignment.
9.
Natural Resources. Will the proposal result in:
YES MAYBE NO
a.
Increase in the rate of use of any natural
resources?
CI
CI
.
Comments:
There are no other natural resources such as sand and gravel on site which would be
impacted by the proposed project.
10.
Risk of UpseL Will the proposal involve:
YES MAYBE NO
a.
A risk of an explosion or the release of
hazardous substances (including, but not
limited to oil. pesticides, chemicals or
radiation) in the event of an accident or
upset conditions?
CI
CI
.
b.
Possible interference with an emergency
response plan or an emergency evacuation
plan?
CI
CI
.
Comments:
Given the residential character of the project there will be no involvement of hazardous
materials above that typical of a residential land use. The project will provide adequate
circulation in the case of the need for an evacuation or response plan.
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11.
Population. Will the proposal alter the location
distribution, density. or growth rate of the human
population or an area?
YES MAYBE ~
o
o
.
Comments:
The distribution. density and growth of housing and population in this project are consistent
with planning for this area.
12.
Housing. Will the proposal affect existing
housing, or aeate a demand for additional
housing?
YES MAYBE ~
o
o
.
Comments:
The distribution, density and growth of housing and population in this project are consistent
with planning for this area. The project will satisfy rather than create housing demands in
this area.
13.
Transportation/Circulation. Will the proposal result in:
m. MAYBE NO
a. Generation of substantial additional
vehicular movement? 0 0 .
b. Effects on existing parking facilities.
or demand for new parking? 0 0 .
c. Substantial impact upon existing
transportation systems? 0 0 .
d. Alterations to present patterns of
circulation or movement of people
and/or goods? 0 0 .
e. Alterations to waterborne, rail or air
traffic? [] [] .
f. Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians? [] [] .
g. A "large project" Wlder the Congestion
Management Program? (An equivalent of
2400 or more average daily vehicle trips
or 200 or more peak -hour vehicle trips). [] [] .
Comments:
The project will not result in any significant impact to transportation/circulation/traffic (see
memo from Harold Rosenberg. Traffic Engineer, dated 2121/94, and letter from Andy
Schlaefli, Vice President, Urban Systems Associates, dated 2118194).
WPC JI:'oHClMEII'IAG\l736.94
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14. Public Services. Will the proposal have an effect upon or result in a need for new or altered
governmental services in any of the following areas:
m. MAYBE J:!Q
a. Fire protection? See page 6 of Appendix m of the [J [J .
Initial Study (City Data Sheet-Fire Dept.) and
16 Thresholds a. FirelEMS below.
b. . Police protection? See comments in Chula Vista Police
Dept. Crime Prevention Unit, Plan Review recommendation
dated 2/4/94 and 16 Thresholds b. [J [J .
c. Schools? EastLake Development Co. has made the Eastlake
projects participate in Community Facilities Districts
in the Sweetwater Union High School District, and the
Chula Vista Elementary School District to provide adequate
school services in the area. [J [J .
d. Parks or other recreational facilities?
The project will be required to provide adequate
community and neighborhood parks to serve the
population of the project. See Initial Study.
Appendix m. Parks & Recreation Dept., page 7.
Also see 19 Recreation below. [J [J .
e. Libraries? The City of Chula Vista currently operates
a library at the campus of the Eastlake High School
during the hours the school library is not in operation.
On a longer term basis, there is a requirement for a library
site at Eastlake Village and a development impact fee to
finance the facility. [J [J .
f. Maintenance of public facilities, including
roads? There will be no substantial or unique impact on
the maintenance of anv public facility as a result of the
minimal increase in usage due to this project. [J [J .
g. Other governmental services? Other governmental agencies
were notified and contacted during the Initial Study;
no other potential impacts were identified. [J [J .
IS. EnefIY. Will the proposal result in: YES MAYBE W.
a. Use of substantial amount of fuel or
energy? [J [J .
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b.
Substantial increase in demand upon
existing sources or energy, or require
the development of new sources of
energy?
o
o
.
Comments:
The project would result in a minor increase in energy requirements typical of a
primarily residential project. This will not result in a substantial use of fuel or energy
nor new sources of energy.
16. Thresholds. Will the proposal adversely impact
the City's Threshold Standards?
YES MAYBE NO
o 0 .
Comments:
As described below, the proposed project does not adversely impact any of the seven
Threshold Standards.
A. FirelEMS
The Threshold Standards requires that fire and medical units must be able to respond
to calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in
75% of the cases. The City of Chula Vista has indicated that this threshold standard
will be met, since the nearest fire station is one mile away and would be associated
with a 3 minute response time. The proposed project will comply with this Threshold
Standard.
See Appendix m to the Initial Study, page #6.
B. Police
The Threshold Standards require that police units must respond to 84% of Priority 1
calls within 7 minutes or less and maintain an average response time to all Priority
I calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls
within 7 minutes or less and maintain an average response time to all Priority 2 calls
of 7 minutes or less. The proposed project will comply with this Threshold Standard.
See comments in Chula Vista Police Department Crime ~vention Unit, Plan Review
Recommendation dated 2/4194.
C. Traffic
The Threshold Standards require that all intersections must operate at a Level of
Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may
occur during the peak two hours of the day at signalized intersections. Intersections
west of 1-805 are not to operate at a LOS below their 1987 LOS. No intersection
may reach LOS "E" or "F' during the average weekday peak hour. Intersections of
arterials with freeway ramps are exempted from this Standard. The proposed project
will comply with this Threshold Standard.
Pille 14
WI'C~(I\l736.94
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The project will not result in any significant impact to transportation/circulation/traffic
(see memo from Harold Rosenberg, Traffic Engineer, dated 2121/94, and letter from
Andy Sch1aefli, Vice President, Urban Systems Associates, dated 2118/94).
D. parks/Recreation
The Threshold Standard for Parks and Recreation is 3 acreS/l,(XXl population. The
proposed project will comply with this Threshold Standard.
.The project will be required to provide adequate community
and neighbOIbood parks to serve the population of the project.
E. Drainage
The Threshold Standards require that storm water flows and volumes not exceed City
Engineering Standards. Individual projects will provide necessary improvements
consistent with the Drainage Master Plan(s) and City Engineering Standards. The
proposed project will comply with this Threshold Standard.
See letter from Dennis C. Bowling, Director Water Resources Division,m Rick
Engineering, dated 2{l/94.; memo from Roger Daoust, Sr. Civil Engineer, dated
2123/94.
F. Sewer
The Threshold Standards require that sewage flows and volumes not exceed City
Engineering Standards. Individual projects will provide necessary improvements
consistent with Sewer Master Plan(s) and City Engineering Standards. The proposed
project will comply with this Threshold Standard.
See letter from Bruce Sloan, Sr. Project Manager, Eastlake Development Co., dated
219/94; memo from Roger Daoust, Sr. Civil Engineer, dated 2123/94.
G. Water
The Threshold Standards require that adequate storage, treatment, and tranSmission
facilities are constructed concurrently with planned growth and that water quality
standards are not jeopardized during growth and construction. The proposed project
will comply with this Threshold Standard.
Applicants may also be required to participate in whatever water conservation or fee
off-set program the City of Chula Vista has in effect at the time of building permit
issuance.
17. Human Health. Will the proposal result in:
m. fdAYBE ~
a.
Creation of any health hazard or potential
health hazard (excluding mental health?
[]
[]
.
wpc~O\I736.94
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!.2. /h/o
b.
Exposure of people to potential health
hazards?
D
D
.
Conunents:
The project site nor the operation of the project would result in any significant health hazard
or an exposure to such a hazard. Please refer to references in * 1 above.
18. Aesthetics. Will the proposal result in: m MAYBE NO
a. TIle obstruction of any scenic vista or view
open to the public. or will the proposal
result in the creation of an aesthetically
offensive site open to public view? D D .
b. The destruction. or modification of a scenic route? [J [J .
Conunents:
The project will not obstruct any public view or vistas. create any demonstrable negative
aesthetic effect or. at this level of review. impact a scenic route.
YES MAYBE NO
Recreation. Will the proposal result in an
impact upon the quality or quantity of existing
recreational opportunities?
19.
D
[J
.
Conunents:
The project will be required to meet the recreational needs of its residents in accordance with
City park standards which include recreational facility standards.
20.
Cultural Resources.
YES MAYBE NO
a.
Will the proposal result in the alteration
of or the destruction or a prehistoric or
historic archaeological site?
D
D
.
b.
Will the proposal result in adverse
physical or aesthetic effects to a
prehistoric or historic building. structure.
or object?
[J
D
.
c.
Does the proposal have 1he potential to
cause a physical change which would
affect unique e1hnic cultural values?
Will the proposal restrict existing
religious or sacred uses within the
potential impact area?
D
D
.
D
D
.
d.
Page 16
wpcp'~G\1736.94
(,2- {h1
e.
Is the area identified on the City's
General Plan EIR as an area of high
potential for archeological resources?
o
o
.
Comments:
See Section 5.2.3 (pg. 5-3) of EIR,86-4 (Sch: 86052803).
21. Paleontological Resources. Will the proposal result in the
alteration of or the destruction of paleontological
resources? .
.m. MAYBE NO
o
o
.
Comments:
See Section 4.7 (pg. 4-75) of EIR-86-4 (Sch: 860522803).
22.
Mandatory Findings of Significance.
~ MAYBE NO
a.
Does the project have the potential to degrade the
quality of the environment, substantially reduce
the habitat of a fish or wildlife species, cause
a fish or wildlife population to drop below self
sustaining levels, threaten to eliminate a plant
or animal community, reduce the number or
restrict the range of a rare or endangered plant
animal or eliminate important examples or the
major periods of California history or prehistory?
o
o
.
Comments:
As has been noted above in this checklist, the site is void of any biological resources and
therefore, would have no significant impact on any of these resources. Cultural resources
(prehistoric and historic) have been previously mitigated and no further action is necessary.
b.
Does the project have the potential to achieve
shon-term goals to the disadvantage of long-
term, environmental goals? (A shon-term
impact on the environment is one which occurs in
a relatively mef, definitive period of time,
while long-term impacts will endure well into the
future.)
o
o
.
Comments:
The proposed project conform to the O1u1a Vista General Plan and therefore, the project
complies with the long term goals of the City of O1u1a Vista for the site.
Pqe 17
WPC P:\IIOME'l'L\lOGII736.94
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c.
Does the project have impacts which are
individually limited. but cumulatively
considerable? (A project may impact two or
more separate resources where the impact on
each resource is relatively small, but where the
effect of the total of those impacts on the
environment is significant.)
[]
[]
.
Comments:
The project impacts are so Jimited to preclude any significant cumulative impact. In the case
of air quality impacts. the increase of 97 units. or a maximum of 970 ADT, compared to the
existing. and approved units and ADT. the impact is minimal 8rld less than significanL Also.
the site is void of any significant biological or cuItural resources and paleontological resources
will be fully mitigated.
d.
Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?
[]
[]
.
Comments:
At the time of consideration of a Tentative Subdivision Map or Design Review. supplemental
acoustical reports will be prepared for projects adjacent to Chula Vista General Plan
Circulation Element Roadways. At that time the precise elevation of roadways and residential
development pads. With this information it will be feasible to make an accurate forecast of
noise levels and the appropriate mitigation measures necessary to reduce noise levels and the
appropriate mitigation measures necessary to reduce noise levels to an acceptable 6S exterior
dBA (CNEL). These acoustical reports must be based on the latest build out traffic forecast
and must validate the achievement of the 6S exterior dBA (CNEL) standard.
wpc p:\IICltdI!'l'lAN<N73U4
1:2-/04
PlIO 18
Mitigation Measures
(To be completed by the Applicant)
I, as owner/owner in escrow'
13twc! N. S<.ot4AJ
SR. "PRn':]' ~It E4srI,l(1d. 7>Et/C"
Print name
or
I, consultant or agent'
~':oo """"'" """'" ""'"" to .............. """,".
z Iz~ /'f~
Signature Date
Determination
(To be completed by the Lead Agency. Check one box only.)
On the basis of this initial evaluation:
o I find that the proposed project COUlD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
. I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the mitigation
measures described on an attached sheet have been added to the project. A
MITIGATED NEGATIVE DECLARATION will be prepared.
o I find the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
~~~/c;</
'vtl ~'.A (-IrA ~b":"l J
Environmental Review Coo . ator' ,
DatC
'If acting for a corporation, include capacity and company name.
Page 19
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Case No. ~,C;- q'-l - \9
APPENDIX n
DE MINIMIS FEE DETERMINATION
(Chapter 1706. Statutes of 1990 - AB 3158)
.. It is hereby found that this project involves no potential for any adverse effect, either
individually or cumulatively on wildlife resowces and that a "Certificate of Fee
.Exemption". shall be prepared for this project.
It is hereby found that this project could potentially impact wildlife, individually or
cumulatively and therefore fee in accordance with Section 711.4 (d) of the FlSh and
Game Code shall be paid to the County Clerk. ~",...o;...;:.e"" ~,d
~e-:>'c..:>s."-' ..;;~~ ~Q '"'- \ R ,<=^ ~Lo."'" G-.~
G~',\ ~~;:'<&c~~~ 9\0.".
'-7& ~,.:J-Ie'~~J)
Environmental Revi w Coordinator
OJ~~/9 V
Date
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I Jt -/1/
PLANNING DEPARTMENT
L
-
.
I
<,
n.
m.
Case No. 15 .qa.t -1'1
APPENDIX III
CITY DATA SHEET
(~ f.m~-.....:~
.,
purenl Zonin!! on site: ---1>c..
Nonh .
South I.
East J.
West 1
la
II
"
Does the project confonn to the cumnt zoning? ~~A.... ~~
~ ~ ~ ~~ L"'~4c.)
General Plan land use ~::ati~~~ ~it~ ~- ..i~t.: ~ ~ . ~-::;~~J~~~
South
East .;;b..w _ no..~ "'.,.4<."1 AU. A.....7.J. ~3 -'- Dcl/~)
West ~ '!or: II " ~
~IJ.-c- .., I ~~
Is the project compatible with the General Plan Land Use Diagram? ~ ~ -
Is the project area designated for conservation or open space or adiacent to an mea 10 designated?
--
e.~a'--
Is the project located adjacent to any scenic routes? ... J,.-,-
(If ...~ """ ... . . .. """"" "" -, ......, of ..
-;. ;:~~'::"~J.._
Schools .
If the proposed project is residential. please complete the following:
GeDeratin&
Factors
Students
Generated
Prom Proiect
IV.
Units
School Canac:itv EnrOllment PmDosed
E1f"'"'I&T'Y ~.J...l "''' ~ r - 117
JuniorHiJb ~v.li~ ~,
SIniorHiJb ~t;;t.L.. '17
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. .29
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fJ~ ~-~~.
Director of~anning or ~sent!liYe
;/:J. '1-/ "i1
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-~
~m"~.lmU3)(aor.ID>>.f))
f
J.2-11-'</IJ.-~/O
'lie 1
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INITIAL STUDy'~iK~f\!:1'S4
~=-~ .~i
A. BACKGROUND R.eIai@~ No,~
,.-,
1. Project Title Eastlake Greens GDP /SPA Amendment ...... ..
2. . Project Location (Street address or description)East of SR-125, North of.
Orange Ave, South of Otay Lakes Rd./ Telegraph Canyon Rd.,
. and West of Hunte Parkway.
Assessors Book. Page & Parcel No. NA
3. Brief Project Description The proj ect is a transfer of D. U. within the
existing Eastlake Greens SPA (no net increase) and an expans10n of
the SPA boundary (22.7 ac and 97 dul.Refer to attached Project Descril
4. Name of Applicant Eastlake Development Company
Address 900 Lane Ave., Ste. 100 Fax#421.,.1830 Phone 421-0127
City Chula vista. State CA Zip 91913
S. Name of Preparer/Agent Gary Cinti - Cinti Land Planning
Address 3625 Midway Dr., #1292 Fax# 223-5108 Phone 223-7408.
City San Diego Stale CA Zip 9211'0
Relation to Applicant Land planning Consultant
6. Indicate all pennits or approvals and enclosures or documents required by the Environmental
Review Coordinator.
a. Permits or approvals required.
General Plan Amendment
~ Rezooe/Prezone .
_ Grading Permit
_ Tcntali~e PIrCCI Map
_ Site Plan &. Arch. Review
. ____ Special Use Permit
)( Design Review Application
::J( Tentative Subd. Map
_ Redevelopment Agency OPA
_ Redevelopment Agency DDA
____ Public Project
+- Annexation
___ Specific Plan
_ Conditional Use Permit
_ Variance
_ Coastal Development
A OIlIer Permit SflIP
SA\
If project is a General Plan Amendment and/or rezone. please indicate the change in designation from
to
b. Enclosures or documents (as required by the Environmental Review Coordinator).
_ Onding Plan
_ Pln:tl Map __
. Precise Plan
= Specific Plan
_ Tr...1ic Impact Report
_ Hazardous Waste Assessment
Arch. Elevations
_ =~pc Plans
_Tentative Subd.Map
_Improvement Plans
_ Soils Report
_ Gcolcclu1ical Report
_ Hydrological Study
_ Biological Study
_ Archaeological Study
Noise Assessment
= OIher Agency Permit
-JC..... Other proj ect Deser i pti.
1;2- 17-.3
........,..~..~_...."-............ ....".-..--. ,... . -.... - ....-.... ... # ".---.,...
"
.
B. PROPOSED PROJECT
1.
a.
. 161.4 (amend. area)
Land Area: square footage oracreageer;3.2 /SPA area)
If land area to be dedicated. state acreage lI1:ld purpose.
b. Does the project involve the c:onsttuc:tion of new buildings, or will existing structure be
u~? Yes, see Project Description.
2. Complete this section. if project is residential or mixed use.
a. Type of developmen~ Single Family _ Two Family --..: Multi Family
_ Townhouse _ Condominium . .
b. Total number of structures 2871 residential du permittted
c. Maximum height ofstructwes varies per P.C. District Regulations
d. Number of Units: 1 bedroom .liA....
2 bedroom ..liA....
3 bedroom '.liA....
4 bedroom .liA....
Total Units ~
e. Gross density (DUltotal aaes) 3.4
f. Net density (DU/total aaes minus any dedication) 6.6
g. Estimated project population to be determined
h. Estimated sale or rental price range to be determined
i Square footage of structure to be determined
j. Percent of lot coverage by buildings or structures per P. C.' Regulations
Ie. Number of on-site parking spaces to be provided per P. C. Requ1a tions
L Percent of site in road and paved surface to be determined
X Complete this section if project is commercial or industrial or mixed use.
a. Type(s) of land use
b. Floor ~ Height of ~(s)
c. Type' of construction used in the structure
d.
Describe major access points to the structures and the orientation to adjoining properties
and streets
Number of on-site parking spaces provided
Estimated number of employees per shift
Number of shifts Total
Bstirnated number of customers (per day) and basis of estimate
. .' .
e.
f.
g.
WfCP.'!IJIG~02I",," (W.I-I (W.11lZ2.931
1.2-114
PI&" 2
.
h. Estimated number of deliveries per day
L Estimated range of service area and basis of estimate
j. Type/extent.of operations not in enclosed buildings
. k. Hours of operation
L Type of exterior lighting
2<. . . If project is other than Itsidential. commercial or industrial complete this section.
. a. Type of project
b. Type of facilities provided
c. Square feet of enclosed structures
d. Height of structure(s) - maximum
e. Ultimate occupancy load of project
f. Number of on-site parking spaces to be provided
g. Square feet of road and paved surfaces
h. Additional p~ject c:haracteristics
C. PROJECT CHARACTERISTICS
1. Will the project be requimd to obtain a pennit through the Air Pollution Control District (APCD)?
No.
.'
2. Is any type of grading or. excavation of thC propeny anticipated? Yes, based on future
submittals.
If yes. complete ~e following:
a. Excluding trenches to be backfilled. how many.cubic yards of earth will be excavated?
NA
b. How many cubic yards of fill will'be placed? NA
c.. How much area (sq. ft. or acres) will be graded? NA
d. What will be the: ~um depth of cut NA
. Average depth.of cut NA
Maximum,deplh of fill NA
Average depth of fill NA
. ~021-A.93(1tel102ll.93)(W.I022.93)
/2- 11 S
Page 3
3. Describe all energy consuming devices which are part of the proposed project and the type of
energy used (air conditioning, electrical appliance, heating equipment, etc.)
Nnrm~l TP~idential enerav use.
4. Indicate the amount of natural open space that is pan of the project (sq. ft. or acres)
None.
5.. If the project will result in any employment opportunities desaibe the nature and type of these
jooo. Construction related.jobs.
".
6. Will highly tlammable or potentially explosive materials or substances -be used or stored within
, .
the project site? NA
7. How many estimated automobile trips. per day, will be generated by the project? None in
exc~ss of those addressed in previous.EIR.
I!. Desaibe (If any) off-site improvements ne-=slU)' to imp~t the project. and their points of
. access or coMeCtion to the project site. Improvements include but not limited to the following:
new streets; street ~idening; extension of gas, eleCtric. and sewer lines; cut and fill slopes; and
pedestrian and bicycle facilities. None in excess of those previously'
identified for EastLake Greens. (ref@r tn RaRtLAk~ ~r~pnR~FFP).
D. DESCRIPTION OF ENVIRONMENTAL SElTING
1. . Geolosrv
Has a geology study been conducted On the property? Yes, see EasUake Greens EIR.
(If yes. please attach)
Has a soils report on the project site been made? Yes, see Eastlake Greens EIR.
(If yes. please attach)
2.
Hvdrolosrv
. Axe any of the following features present on or adjacent tei the site?
(If yes, explain in detail.)
L" Is there any surface evidence of a Shal}ow ground watCc table?
No.
~01I..ul(w.ICl1D.93I(w 1Gn.931
I :2 - I 7~
Paae .
b.
Are there any watercourses or drainage improvements on or adjacent to the site?
In previously approved fapilities.
Does runoff from the project site drain direct1y in to or toward a domestic water supply,
lake. ll:Servoir or bay? No.
Could drainage from the site cause erosion or siltation to adjacent areas? Potential
exists but would be mitigated by conditions to future T.T. map
, .
bescribe all drainage facilities to be provided and their location. To be determined
bv future submittals and previously approved tract map.
c.
d.
c.
3.
Noise
a.
Are there any noise sources in the project vicinity which may impact the project site?
No. Future arterials may impact some areas.
b. Will noise from the project impact any sensitive receptors (hospitals, schools, single-
family ll:Sidences)? No.
4. Biolol!V
a. Docs the site involve any Coastal Sage Scrub vegetation? No.
b. Is the project site in a natural or partially natural ~e? No.
c. If yes, has a biological survey been conducted on the property?
Yes x. No (Please attach a COPY.)Refer to previous EIR.
d. Describe all trees and vegetation on the site. Indicate location, height, diameter, and
species of trees, and which (if any) will be removed by the project. 8i te is semi-
developed with remnants of previous dry farming/cattle
grazing on.the remainder I
S. Past Use of the Land
a. Are there any known historical or archeological resources located on or near the project
site? No.
b. . Are there any known paleontological reSources? No.
c. Have there been any hazardous materials disposed of or stored on or near the project site?
No.
d~ What was the land previously used for? Dry farming/Cattle qrazing
WPC-.F:IHOMI-:ll'LAHN1NOIS'ItlREI7.l021........ (Rd. 102o..J) (Iter. 10:l2.'J'
/2- /77
PageS
6. Current Land Use
a. Describe all snuctures and land uses currently existing on the project site.
**See answer below**
b. Describe all sttuCture5 and land uses currently existing on adjacent property.
North Eastlake Business Center
Souili Vacant Otay Ranch - Future development
Eatt Vacant - Future Eastlake Neighborhoods
lVen Eastlake High School/Community Park and Future deve~opmer
7. Social .
. . ~o~e on parcels proposeq for an increase
L Axe there any residents on stte1. If so, bow manYI in units.
b. Axe ilie.re any CUrrent employment opportunities on site? No.
If SO, how many and what type?
8. Please provide any oilier Wonnman which may assist in the evaluation of the proposCdprojea.
Sites have been fully evaluated in Eastlake Greens SPA EIR and
recent General Plan Amendment EIR for Land Swap areas.
See also attached Project Description for add1t10na~ aa~a.
**Answer to 6(a): Construction/structures exists on approx. one-half
of EastLake Greens. Parcels proposed for amend-
ment with existing structures are only being
amended to reflect existing conditions with no
increase in units.
Wl'Clf,\II01.~EDII02I00\.'IJ 1Rcr.I03ll.93i tRcr.IC122.9JI
I~. f7?f
P.,.,6
E. CERTIFICA nON
I, as owner/owner in escrow.
R~~~lAKe DevelODment Company
Bruce Sloan. Proiect Manager
Print name
or
I, c:onsultant or agent.
Print name
HEREBY AFFIRM. that to the best of my belief. the statements andinfonnation herein contained are in all
JeSpects true and correct and that all known infonnation concerning the project and its setting has been
included in this application for an Initial Study of possible environmental impact and any enclosures for
attachments thereto.
.
~
Owner/Owner in Escrow Signature
or
Consultant or Agent Signature
/ !1)/9tf
I '
Date
*1f acting for a corPoration. include capacity and company name.
~OZI""'91 (Rd.1020.91)(W.1D22.9l1
/J.- (79
l'I&e 7
INITIAL STUDY PROCESSING AGREEMENT
,
1.,
Name of Applicant: Eastlake Development Company
Address: 900 . Lane Ave., Ste. 100
City: Chula Vista Stile CA
Name of Authorized Repn:$enLativc CaCsipatory): 1=\Tl:1~@ Sloan
Address: Qnn T.;:!Inp AVA _ _ ste 100
City . t"'h" 1:a u; C!+-:a SLate CA
Agreement Date:
Deposit Amount $ 750 . 00
This Agreement ("Agreement") betwechthe City r:J 0IuIa Vista, a char1ered municipal COIpOI1Ilion ("Cily")
and the forenamed applicant for an Initial Study (" Applkant~h effective as or die Apement Dale ICI forth _,
Ii made with reference to the following facls:
Phone 421 -01 27
Zip 91913
Phone 471_0127
Zip 91913
Wbereas. the Applicant has applied to the City for an Initial Study of the type afcnreCerenc:ed ("Initial
Studyj which the City has required to be obtained as a c:ondition to permitting the AppUcant to develop a parcel
of property; and,
Wbereas. the City will incur expenses in.order to process said Initial Study through the various departmelllS
and before the various boards and commissions or the City ("Processing Services"): and,
Whereas, the pwJlOSe of this agreement is to reimburse the City for all expenses it will incur in c:onnection
with providing the Processing Services:
Now, therefore, the parties do ~by ag=. in exchange for the mutual promises ~in contained, as
follows:
L Applicant's Duly to Pay.
The Applicant sha1I pay all of the City's expenses incumd in providing Processing Service JdaIed to
applicant's Initial Study, including all of the City's clirect and overbead costs JdaIed thereto. This duty or
the Applicant shall be Jefemd to herein as the "Applicant's Duly to Pay."
A. App1ic:ant's Deposit Duty
As partial perfonnllllCC of the Applicant's Duty to Pay, the AppUcantshal1 deposit the amount
afcnreCerence4 ("Deposit'.
1. The City shall charge its lawful eXpenses incumd in providing Processing Services
. against the App1icant's DeposiL If, after the c:oncIusion or processing the Applicant's
Initial Study, any portion or the Deposit remains, the City shall JelUIlI said balance to the
Applicant without interest thereon. If, clming the processing or the Applicant's Initial
Study, the amount of the Deposit becomes exhausIed, or is wminenUy likely to become
exhausted in the opinion or the City, upon IlOIioe of same by the City, the AppUcant shall
forthwith provide such additional deposit as the City shaI1 calc:u1a1e as reasonably
IICCCSSlIl')' to continue to provide I\~_l..g Services. The duty ollhe Applicant to
initiaJly deposit and to supp1ement said deposit as herein required shall be known as the
"Applicant's Deposit Duty".
D. City's Duty
The City shall, upon the condition that the Applicant is IlOI in breach r:J the Applicant's Duty to Pay or the
App1ic:ant's Deposit Duty, use good faith to provide processing services in Rlation to the ~cant's Ir~JaI
Study application. .
~1n1.A.93 (Rd. 102O.93)(Re(. 1022.93)
/:2.ICjd
Page 8
A. The City shall have no liability hereunder to the Applicant ror the failure to process the Applicant's
Initial Study application, or ror railure to process !he Applicant's Initial Study within the time
frame requested by the Applicant or estimated by !he City.
B. By execution or this agreement, !he Applicant shall have 110 right to direct or otherwise influence
lhe conduct or the Initial Study ror which the applicant bas applied. The City shall use its
discretion in evaluating the Applic:ant's Initial Study app!icllion wilbout reprd to !he Applicant's
promise to pay ror the Proc:cssing Servkcs. or thC exe..'Ulion of !he ApemenL
m. Remedies
A. Suspension or Proc:cssing
In addition to all odw rights and remedies which !he City shaI1 otherwise have at law or equity,
lhe City bas the right to suspend aOOIor withhold !he p.~g or the Initial-Study which i:l!he
subject matter or this Agreement, as wcU as !he Initial Study which may be the subject matter or
any other Pennil which Applicant bas before lhe City.
B. Civil Collection
In addition to all other rights and remedies which !he City shall otherwise have all law or equity.
the City bas the right to collect all sums which are or may become due hereunder by civil action,
and upon instituting litigation to collect same. lhe prevailing party shall be entitled to rasonable
attorney's rees had costs.
IV. Miscellaneous
A. Notices
All notices, demands or Jequests provided ror or permiued to be liwn pursuant to this Agreement .
must be in writing. AU notices, demands and Jequests to be sent to any party shaU be deemed 10
have been properly given or served if personaIly served or deposited in lhe United States mail,
addressed to such party, postage prepaid, registered or c:enified, with mum receipt Jequesled, at
!he addresses identified adjacent to !he signatuJeS or the parties rqnsented.
B. Governing LawNenue
This Agreement shall be governed by and COIISlnIcd in accordance with the Laws or the State or
California. Any action arisinl under or relating to this Agreement shaU be brought only in the
rederal or stale COW1S Iocatcd in San Dielo County, State or California, and if applicable, the City
or Chub vistiI. or as cIose theJeto as possible. Venue for this qreement, and pedormance
hereunder, shall be the City of OIuIa Vista. .
C. Multiple Signalories
J( then: are multiple signalories to this agreement on behaJ( of Applicant, each or such signalories
$hall be jointly and levaally liable for the pedonnance of Applicant's duties herdn set forth.
D. Signatory Authority
The signatory 10 this agreement heIeby wammts and represents that it is !he duly designated agent
for !he Applicant and bas been duly authorized by the Applicant to execute this Agreement on
behaJ( of the Applicant, Signatory shall be penonaIIy liable for Applicant's Duty 10 Pay and
Applicant's Duty to Deposit in the event it has not been authorized 10 execute this Agreement by
the Applicant.
~02IoA.'3(W.I02ll.93)IW.Il122.031
12- 13 {
Poge 9
E. Hold Harmless
Applicant sha1I defend. indemnify and hold harmless !he City, its eIecled and appoin1ed omc:en
and employees. from and egainst all claims for damages, liability, cost and expense (including
wilhoutlimilalion attorneys' fees) arising out of processing Applicant's Initial Study, except only
for those claims arising from the sole negligence or sole willful conduct of the City, incurred by
the City, its orrlCClS, agents, or employees in defending againsI such claims. whether the same
proceed to judgement or not. Further, the Applicant, at its own expense, ahalI, upon written
Rquest by the City, defend any such suit or aclioo brought against the City, its orrlCClS, agents,
or employees. Applicant's indemnifcatioo of the City shall be limited by any prior or subsequent
. declaration by the ApplicanL
F. Administrative Claims Requirements and Procedures.
No suit or arbintioo sh:l1l be brought arising out of this qreement. againsI die City aiiJess a claim
has fust been presented in writing and ftled with the City of Chula Vista and acted upon by the
City of Chuia Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from time to time be amended, the provisions of which are
Incorpomled by the reference as if fully set forth herein, and such policies and procedures used by
the City in the implemenlation of same. Upon Rquest by the City, the Applicant shall meet and
confer in good faith with the city for the purpose of resolving any dispute over the terms of this
AgreemenL
Now, therefore, the parties hetelo,l!aving read and underslood the IermS and conditions or this agreement,
do hereby express their consent to the terms hereof by setting their hand hereto on the dale set forth adjacent thereto.
City
City of Chuia Vista
276 Fourth Avenue
:;?~
Da1ed: / / 11/1f
, I
Bruce Sloan, Project Mgr.
Eastlake Development Company
Applicant (or authorized represenlative)
By;
By;
Dated:
~02I""'P3(W.IOZO.P3I(Rcf.I022.P3)
12~/ZZ-
Pas- 10
.
'.
TIlE CITY OF CHULA VISTA DISCLOSURE STATEMENT
SIalement of disclosure of c:crtain ownership interests. payments. or campaign contributions. on all maners which
will require discreliolW)' action on the pan of the City Council. Planning Commission. end all other official bodies.
The following information must ~ disclosed:
I. Ust the IWIIeS of all persons have a fmancial interest in the contract. i.e., contractor. subcontractor.
malerial supplier. .
Ra~~lake Develooment Company
2. If any penon identified pursuant to (I) abOve is a corporation or partnership. list the IWIIeS of all
illdividuais owning more !hID 10" of the shares in the corporalion or ownin& any partDership interest in
the partnership.
.1' c: ~n~wp 1 ]
3. If eny person identified pursuant to (I) above is non-profit organization or a tnlSt. list the IWIIeS of IOY
penon serving as director of the non-profit organization or as trustee or beneficiaJy or trustee of the tnlSt.
tJn
4. Have you had more !hID S2S0 worth of business U'IIISICIed with eny member of the City staff. Boards.
Commissions, Commiuees end Council within the past twdve months?
No
S. Please identify each IUd every person, including eny agents. employees. consuIlIDlS or independent
contrll:lOrs wbo you have assigned to represent you before the City in Ibis maner.
Boh Santos. Kent Aden. Bruce Sloan, Katy Wright
6. Have you lDdIor your officers or lIenlS. in the aggreple. contributed more !hID SI,OOO 10 a Council
member in the c:urrenI or preceding e1ec1ion period? Yes [ ] No PC] If yes, awe which Council
member(s): .
_ II dcf_ u: 'Arty Iadi.idual. -. ........-;p.jolat _. aID 0 . '0, _ "'b. _ 0............. ~o_.
lI1II\, nccIYcr. ayIIdlcalo.lIlis Illd Ill)' Olbcr COWII)'. cil)' IIIll COWII)'. cIly. . 'r ,it)'. _ or_ poIilicoIlIIbdlY.... or Ill)' Olbc'.....p
... nllt-i,..~ IICCiq u . aait..
(NO'I1:: _ ..........,_ a _ry)
Date:
~
Bruce Sloan, proJect Manager
Eastlake Development COmpany
Print or type name of contractor/applicant
/f2 - 1'63
Page II
WPC:F:IIlOME\PLANNING1STORED\I02I'A.9~RcI. 1020.93)(RcI. 1022.93)
T';> -:>11
Case No. :r:~ -ql./-Iq
INTERDEPARTMENTAL COMMENT SHEETS
ENGINEERING DIVISION
I. ,Drainage
n.
~~1~1t
A. 1- the project site within a flood plain? ,.10.
If so, state which FEMA Floodway Frequency BoundllIY. Io{"'- .
B. What is the location and description of existing on-site drainage facilities?'svACiiI~.z: F'tcW
}t> t!.kr1!.HM~.AJ.J~ CrrY ~...~~~ ~v~VAAV:.#;. ~~M
C. Are they adequate to serve the project? I.1D.
If not, please explain briefly. ~""'e'"/__ C#r:z1F"1~ .,.,DA ,...A/oflt. IMPIZDlta.A#ff1ol:fS W,U-
~ I2Ft:'fU'P~'" WIlSAl t:n::"'..JIt!:!1 ~~....,.,- j/"y/J JJ'JC A
D. What is the location and description of existing off-site drainage facilities? ""'" t:",,,,,.. PU
~...A-AJ'/~ r..lJ'''~ ~&.~ ~/YrJJ "~K AND ~Lr ~~6&U'
I '
E. Are they adequate to serve the project? NO.
If not, please explain briefly. 1lt:/.1J?I.JA1- IMPAr>I/.r.~e..-ro::. ~y s:z..:- 1JEL'!:E.~/!l.Y
IN 'T1fE. ~'f': CANyoN A/Jr:> a, T ~#~'" ~^'~S t::e'....E1 --MA./f
/"),/.L..,~L. .
TranStlortation AIJ NA~"" "TO "Tl1~ ~FIC. ST1Jl>Y Fi/2.. f.If! 1ii'.~1:6 &~
SPA E:.IR. WILL _. Tlet:;U/~ (yo;. 1"'c.M~$E /IoL T1JJA.FF I&. (;6ii rlAA17e>14 Ii2l:t-t
A. What roads provide prlmllIY access to the project? 6X$r~
~
B. What is the estimated number of one-way auto trips to be generated by the project (per day)? SfJf.).
C. What are the Average Daily Traffic (A.D.T.) volumes on the.primary acc:ess roads before and
after project completion?
Street Name Before After
Do any of these volumes exceed the City's Level-of-Service (LO.s.) .C. design ADT
volume? If yes, please specify.
o'
~Cl'SfCIlElNOn93 \Rtf. 1021.93) (W. 10lD.93)
Pile 2
1:2-13~
.
'is -S"tf I
Case No. Tt:;-<?t..(-(q
H the A.D.T. or L,O.S, "e" design volume is unknown or not applicable, explain briefly.
, D. Are the primary access roads adequate to serve the project?
H nOl, please explain briefly.
E. Would the project create unacceptable Levels of Service (LOS) lit interseaions adjacent to
or in the vicinity of the project site?
H so, identify: Location
Cumulative L,O.S.
F. Is the proposed project a "large project" under the Congestion Management Program? (An
equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle
trips). H yes, a Traffic Impact Analysis (TIA) will be required. In this case the TIA will
have to demonstrate that the project will not create an unmitigatable adverse impact, or that
all related traffic impacts are not mitigated to a level of non-significance.
Yes No
The following questions apply if a Traffic Impact Analysis is not required.
G. Is traffic mitigation required to reduce traffic impacts that will result from implementation of
the proposed project? Yes No
H yes, please describe.
H. Is the project co!l~istent with the criteria established in the City's Transportation Phasing Plan,
General Plan Traffic Element, and all other pertinent traffic studies? Please reference any
other traffic impact studies for roadway segments thIIt may be impacted by the proposed
project.
L
J.
Is a traffic sNdy required?
Is there any dedication required?
If so, please specify.
Yes
No
WPC~D22.Pl (Rtf.IIl2U3l (Rtf.IDlO,Pl)
Pile 3
1:1- ItS
YS-'3f{
Case No. I:$ 04<+-1.,
K. Is there any street widening required?
If so. please SJ>ecify.
L. Are there any other street improvements required?
If so. please specify the general nature of the necessary improvements.
M. Will the project and related public improvements provide satisfactory traffic service for
existing conditions and future buildout General Plan conditions? (please provide a ~rief
explanation).
m.
~
IV.
A. Are there any anticipated adverse geotechnical conditions on the project site? UNK./.Jow.J .
B. If yes, specify these conditions.1:J..A .
C. Is a Soils Report necessary? YE<~ F-.~(S-nNt:. Z,DJ /b fZ.~-rs MtJS-r-~ 1Jll)!.Te!)
1rf.Jt>/bIl- AMs:Nl:>E:t> 7l> (/..U4.JJt;lf!!: Tlf-E. ^".e;~.s
Land Fonn N../A . f'tZo~eep -ro e..o.. A~ 7?> T'~ EXIST/~ I
AfpkAlep ~T14o. .
A. What is the average natural slope of the site?
B. What is the maximum natUral slope of the site?
V.
Noise
Are there any traffic-related noise levels impacting the site that are significant enough to justify that
a noise analysis be required of the applicant? />>J/U.JI)w..I. AfJ. A-I:.A~Llhl.A~rr -r1':> TUIE Sp~
!;,e. .Nolse ~."S(S WIL.{.. Be.. ~(~r:> .
VL Waste Generation
How much solid and liquid (sewer) waste will be generated by the proposed project per day?
Solid 2.31-;;0 Pr.Jot.J~ -~ Dl.Y J")IIUL -ruE: fi>((~A1~ A^^"--- c:;'PA
Uquid ,?;"?",I? t.NI' t ~& Qr<fJ.. 7:l4 Y (!I~. :)-'5 et>LJ ~ ) 6v~ ''TlH~ &(/.-7,,", A~e;, ~-
,
What is the Joc:ation and size of existing sewer lines on or downstream from the site?
I~" AI~ S~utJ.~ lloJ -n;r'<<:"'~Aft_L "...rVnAlInm.v 1..A1h::~ ~ AAJ?-J A 12,t e>JIL,.. ~
f I
I-IAJ.';: IAl e::"~1a;;: "~~WA" 1.,- I~ ~.MA~ -n.lI4~ 1Al.('MALL."', Au- ~~ whl ( ~
y.
i 'v ~ equate to s~ fpro el:I prpie~? (If no, please explain) wo. ~E: SEAtMI!5..JT7!;.
\~ K~~'
d J \\~\ ~ ~ 'Bt;.I(I,..",,"'- r..t.Jr:.r'r"t_IC. AMEWDI.A= f"rC. TZ> -ruE. 7""" ~ L!./tAPII (!.f.tJy',..,J Bl6rl'l
~ 1''-hlIYJD -ntfi ~ Op~d"" SE:~ &'6r14 ~ Wrll ~ t:Z/i:fl.)(P~.
wpc:F~D21.J.llRrf. 102..,3) (101.1020.113) _ P.,e 4
1,.2-ISb
~-9r1
CueNo.~
vn. National Pollutant Discharl!e Elimination System CNPDES) Stormwater Reauirements
Will the applicant be required to file a Notice of Intent with the SWe Water Resources Control Board
for coverage under an NPDES Stormwater Permit? YF-~.
. If yes. specify which NPDES permit(s) ~d explain why an NPDES permit is required. AIoJ 1J.P.OJa:,.
.'fYplAlT" p-" ~uW~~ -n(~J..AD.t:.r:;:~ Je&;r~,An;.y, kI,T'H 6>L1&lr'1ltV;'T"1l)~
A~""'lIrr/~~. A ~~,.,- .< ~-q/~t~~ B&r~u~~ '*'V~ ':"flr;;;. A/~~
WiLl ~ TJI~R..ICt;;'" A+lh ~..r.-M~ ~ n&:'~~ ~I ~E'A.."- I~
~ l>~ ~ l.A p~ ~D I!.DAANt~ P A IJ ~ DE;E.V,:'J.IOu~ w- ~ ~'.: .
Will a Storm Water pollution Prevention Plan (SWPPP) be required for the proposed project?
')( Yes No
Additional comments #J.olJe .
vn. Remarks
Please identify and discuss any remaining potential adverse impacts, mitigation measures, or other
issues. J7.4-Ea A-PP1_ri:..AAJ-r- ~ ~A'AEV' AsS*'..y:..Jlfr.rr D~l~"- ,:;,..IA#"..z~
Fb~ 1'"1 JAl I a I AAt>/U)I/~IoI(~...rrz, .
ci/dq+
. . f
Date
WI'C:F,~Dn93 (Ref.ID2I.93) (Ref.IDlD.93)
PlieS
1:2 -1'37
.
Cese No. IS-CJ4-1'1
FIRE DEPARTMENT
A. What is the distance to the nearest fire station? ~ what is the Fire Department's estimated
RaCtion time? ~D 81. (,., ~ m\n. f'l'-o~i 0\""\ +, VV\t:J
-
;
B. Will the Fue Depanment be able to provide III .cIequate level of fire potcction for the
proposed facility without III increase jn equipment or per5OMel? \( f>..s.
C. Remarks t.J OJJ t'
~' VilDif)i}J>f10
F Marshal
0';;;)0 /q'-(
Date
. .
. .
fl&c15
~m93(U.lml.93)cw.ID21U3)
12.-/'6'1
:
Case No._J5-94.1Gj
,.ARKS AND RECREATION DEPARTMENT
A. Is project subject to Parks and Recreation Threshold requimnents? '(ji:S.
If not, please explain.
'B.
c.
D.
How many eaes of parkland Ire Det%sSIU)' to serve the proposed project?
'\2, ~ . ~);:!1? QJ c::;~ ~~CA:. c:..."ZI'W\"\,III..
Azc existing neighborhood and community parks _ the project IllIequatc to .erve the
population increase RSuhing from 1his project?
Neighborhood Nb
Community Parks tJ O.
If not, Ire parkland dedications or other mitigation proposed IS part of the project adequate
to serve the population increase?
Neighborhood ,"P$'
Community Parks '\ ~ .
To meet City requiJements. will applicant be required to:
Provide land? 'r~'S
Pay a fee? 'f"";'
Remarks:
E.
F.
~.~,~
Pazb and Reaeation Director or Representltive
-:z. <=r . ~'t-
Date
l'I&e 7
~mlQ~.IIl1I.tS)~.I02O.IQ) /.2- I 'Z q
.
Case No. Is-q4./~
\ LANDSCAPE PLANNING
A.
Does the project affect native plant communities?
If 50, please identify which communities.
{\O
Will the project require native planting? (please describe)...,1fLht Nt.~ ~ .
B. Please identify lI'ly imponant or highly visible hillsides on or adjacent to the project.
~
Who< "',,,,,,"', __ (U ""l will '" ""..... .. """ ...."", ~
~~~~~~~h~ ;;.;ft;-I J~AT
C. Of the total area to be developed. how much, II'ld which areas are ex~ to be replanted
II'ld require supplemental watering? (Please describe)#,At"'~^ 1'5 ruSt- f~
E. An there lI'ly other landscape requirements or mitigation for the project? ~
. .
,
~
(
~s;~T~ve
I;;J. - 190
Pilei
WK~m,,~.lml.t))(III.I02D.,,)
ROUTING FORM
DATE: January 18, 1994
I
I
,
,
!
I
!
;->.....
I '-
L--~'~
~~.
SUBJEC'l':
..
~.n urson, Building 6 Housing!
~ohn Lippitt, Engineering (E1R only)
Cli~~ SWanson, Engineering (EIR only)
Hal Rosenberg, Engineering (EIR only)
Roger Daoust, Engineering (IS/3, EIR/2)
Richard Rudol~, Asst city Attorney (Dra~t Beg Dec 6 EIR)
Carol Gove, Fire Department .
Marty Schmidt, Parks 6 Recreation
Crime Prevention, police Department (M.J. Diosdado)
current Planning
Duane Bazzel, Advance Planning
Bob Sennett, city Landscape Architect
Bob Leiter, Planning Director
Chula vista Elementary School District, Kate Shurson
Sweetwater Union H.S. District, Tom Silva (IS & EIR)
Maureen Roeber, Library (Final EIR)
LAFCO (IS/Draft EIR - If annexation is involved)
Other
Doug Reid
Environmental Section
Application ~or Initial Study (IS- 94-19/FA- MB-/DO 060 )
checkprint Draft EIR (20 days) (E1R-_/FB-_/DO )
Review of a Draft EIR (EIR-_/FB-_/DP)
Review of Environmental Review Record (FC-_ERR--1
Review o~ Draft Beg Dec (1S- /FA- /DO- )
The Project consists of: An amendment to the EastLake Greens General
Development Plan and Sectional Area Plan which would result in:
1. The transfer of units within the existing boundaries of East
Lake GreenS to refine densities with no net increase in the
existing proposal density and
2. The addition of 22.7 acres to EastLake Greens development with
an additional 97 dwelling units.
Please review the document and
by 02-01-94 .
1 c"~~f c2 -rj,~~-
If) - I I ~.4t.}<-
comments:
d to me any COllllllents you have
ROUTING FORM
DATE: January 18, 1994
fO: Ken Larson, Building , Housing
John Lippitt, Engineering (EIR only)
Clitt Swanson, Engineering (EIR only)
"Hal Rosenberg, Engineering (EIR only)
Roger Daoust, Engineering (IS/3, EIR/2)
Richard Rudolf, ABst City Attorney (Draft Neg Dec , EIR)
Carol Gove, Fire Department .
Marty Schmidt, Parks & Recreation
Crime Prevention, police Department (M.J. Diosdado)
r.:urrent Planning' -
-Duane Bazzel, Advance Planning
Bob Sennett, city Landscape Architect
Bob Leiter, Planning Director
Chula Vista Elementary School District, Kate Shurson
~ Sweetwater Union H.5. District, Tom Silva (IS' EIR)
Maureen Roeber, Library (Final EIR)
LAFCO (IS/Draft EIR - If annexation is involved)
Other
FROM:
Doug Reid
Environmental Section
SUBJECT: Application tor Initial Study (IS- 94-1~FA-~/OO 060 )
Checkprint Draft EIR (20 days) (EIR-____/FB-____/OO )
Review of a Draft E1R (E1R-_/FB-____/DP)
Review of Environmental Review Record (FC-_ERR-_)
Review of Draft Neg Dec (15- /FA- /00- )
The project consists ot: An amendment to the EastLake Greens General
Development Plan and Sectional Area Plan which would result in:
1. The transfer of units within.the existing boundaries of East
Lake Greens to refine densities with no net increase in the
existing proposal density and
2. The addition of 22.7 acres to EastLake Greens development with
an additional 97 dwelling units.
Please review the document and torward to me any comments you have
by 02-01-94
COllUllents: .1-Tf'f u~<,. ~ ~ 00u....Q..M~.cJ2.
, Ot.dl & t ~~"'-~ ~ :f>'c.L.( fpo.,f'k -a ~~
~ "l1 ct~ o-.~..o \ ~ ~v..
I$..- Iq,f(
ROUTING FORM
DATE: January 18, 1994
;
Xen Larson, Building & Housing
John Lippitt, Engineering (EIR only)
Clitt Swanson, Engineering (EIR only)
Ral Rosenberg, Engineering (EIR only)
Roger Daoust, Engineering (IS/3, EIR/2)
Richard Rudolf, Asst City Attorney (Draft Neg Dec & EIR)
Carol Gove, Fire Department .
Harty Schmidt, Parks & Recreation
Crime Prevention, police Department (M.J. Diosdado)
Current Planning
Duane Bazzel, Advance Planning
"OD '~ifHnift:7-enY"1ia..d6__Ar~I.i t.'et)
!ob Lei ter, Planning Director-""
Chula vista Elementary School District, Xate Shurson
Sweetwater Union H.S. District, Tom Silva (IS & EIR)
Maureen Roeber, Library (Final EIR)
LAFCO (IS/Draft EIR - If annexation is involved)
Other
TO :
FROM:
Doug Reid
Environmental section
SUBJECT: Application tor Initial Study (IS- 94-1WFA-~/DO 060 )
Checkprint Dratt EIR (20 days) (EIR-_/FB--/DO )
Review of a Draft EIR (EIR-_/FB-_/DP)
Review ot Environmental Review Record (FC-_ERR-____)
Review ot Dratt Neg Dec (IS- /FA- /DO- )
The project consists ot: An amendment to the EastLake Greens General
Development Plan and Sectional Area Plan which would result in:
1. The transfer of units within the existing boundaries of East
Lake Greens to refine densities with no net increase in the
existin9 proposal density and
2. The addition of 22.7 acres to EastLake Greens development with
an additional 97 dwelling units.
Please review the document and forward to me any comments you have
by 02-01-94 .
Couents:
~ ;d ~7'1F
Ij -/13
CHULA VISTA POLICE DEPARTMENT
CRIME PREVENTION UNIT
PLAN REVIEW RECOMMENDATIONS
~ - . ~
'"-'.-.
DATE: 1--<.~.:( jQq4.
TO: ~.R..~d/ ~l!.-< P.!knflt?)-v
VIA: Ci.~ ~ . ?~'--'. 4h1l' "Ur V .
FROM: l'll4"r ~ ( SC-f5
PROJECT: J;~. c/1-/C) O~A, f..(M;tW--,- (3J~ ~~
?JpA>\.
_ The Crime Prevention Unit does not have any comments regarding this project at this time.
_ Infonnation on the project. or within the plans. does not provide enough detail to pennit
crime prevention analysis.
25L- Please forward the following infonnation to the Crime Prevention Unit when available.
~ Elevations
Floor Plans
L Landscape and Lighting Plans
.JQ... Site Development Plans
Comments: !?.J I..fI._L rr-~M...n::t ~';'L J An/.N.: /UJ Chnm/#f:t~.
r€.i.117Ld Y./J Y-I...e.. G~~ .p~-" t2/ cJ;-#f~/~;f 10
t/ ~ t//{.-ltJL,/ t.. 'l:nA.J i~.J;Vt...d Ytf.4-/ &'JtI'7~~
~";t~ ~PU/1.A-' '/fP\
V'
~
(l 0. '1i t'/- A'I~ - ,
,.
~](.( .rh ;11 )./ (}~II.A.(d.
cc: Brookover. SCA
CP1ED JIaulina Fonn
PDIcpu 06.'J3
/51 - 10;1 .
MEMORANDUM
DATE:
February 1, 1994
FROM:
Doug Reid
Environmental Review Coordinator
Duane E. Bazze~
Principal Planner
TO:
SUBJECf:
Initial Study for EastLake Greens GDP/SPA Amendment (18094-19)
The Advance Planning Division appreciates the opportunity to comment on the proposed
project identified above. From an environmental analysis standpoint it appears that the
EastLake Greens ElR and Addendum sufficiently addressed the proposed density transfers
within EastLake Greens. The proposed transfer of units are occurring under the umbrella
of the originally-approved EastLake Greens SPA and Tentative Map (2,774 units), therefore,
unless there are significant shifts in unit locations it would appear that the original ElR
adequately addresses the transfers.
It should not be forgotten, however, that as a condition of approval of a recent GP
amendment to Parcel 26 of the Greens (GPA-93-04), the City Council re-enacted the
affordablehousing requirement for the Greens (deferred with the Tentative Map approval)
and directed staff to work with a task force to develop recommendations by July of this year
on how to handle the low and moderate income housing within this project. This direction
from Council included the consideration of any density transfers necessary to achieve the
housing requirement. It does not appear that the proposed density transfers are significant
enough to impact the task force efforts, but nevertheless, these efforts should be considered
prior to approving any SPA amendment.
The 97 units to be annexed and added to the Greens have only been analyzed at a General
Plan level (within the Otay Ranch Program ElR) and not at the detail necessary with a GDP
and/or SPA. This needs to be taken into consideration when anaIyzing potential
environmental impacts. Additionally, project-level analysis needs to be coordinated with the
Community Planning Division of the Planning Department (Otay Ranch SPA Team) on the
issue of land use and design interface with East Orange Avenue and efforts on the adjacent
Otay Ranch.
cc: Ken Lee
Steve Griffin
Amy Wolfe
1_lt.NI!N)
12- /1S
MEMORANDUM
February 1, 1994
File # YS-591
FROM:
SUBJECT :
Doug Reid, Environmental Coordinator
Clifford L. Swanson, Deputy Public Works Director~~
City Engineer ~
Harold Rosenberg, City Traffic Enginee~
Eastlake Greens General Development and Sectional Area
Plans Amendment
TO:
VIA:
In response to your concern regarding our transportation comment in
the subject initial study application, the following paragraph
should be added to Section VII of the application.
Previous traffic studies have shown that the circulation
system plan prior to the construction of SR125 does not
have sufficient capacity to absorb additional trips
beyond those trips accounted for in the approved maps
including the approved Eastlake Greens. Thus the
Eastlake Greens proposed expanded development proj ect
will have to be limited to the number of trips identified
in the approved project EIR traffic study. However, the
applicant may wish to perform a supplemental traffic
study to examine possibilities of expanding the City's
circulation system (e.i. extension of E. Orange Avenue
between I-80S and Eastlake Greens) to provide the needed
capacity. A reference to the City's interim SR-125
financial study (HNTB study) and improvement scheduling
are a critical element of the study.
ZAO:rb
cc: Roger Daoust, Senior Civil Engineer
(p; \IIDII1\DfQIlnUIR\TRAPPIC\'LNAMIHD. DO)
I~ - 11h
MEMORANDUM
February 21, 1994
File # YS-551
SUBJECT:
Doug Reid, Environmental Coordinator
Clifford L. Swanson, Deputy Public Works Directort.. V
City Engineer P-- .
Harold Rosenberg, Traffic Engined / .
"~ '~~.:l
Eastlake Greens GDP/SPA Amendment Traffic Study (IS-93~ ~
TO:
VIA:
FROM:
I have reviewed the attached traffic impact report by Urban Systems dated February 18, 1994
and fmd it to be acceptable. The new trips from the added 97 units to the Eastlake Greens
approved units of 2774 have no significant impact on the City's circulation system.
ZAO:dv
Attachment
(F:\IIOIo!IN!NGlNEERllRAFFlC\1l<FSTIJDY .LAO
ic2 - t~7
URBAN SYSTEMS .t'WSOCIATES, INC.
~ . T/f.An'IC ENo_. MtIIKET1NG . I'fID.ECr $uPPOIfr ~ :C.. ,-. ; :. -'
CoNstl.TANTS TO INDUSTRY AND GovE/WIIENT .' --; r :: ~- G~ '_: L.~ .;~:: : L
;-~J :'.~::-~_:'" t-:-: ::r~'r
1534 FEll 22 A.lI, 9: 4S
February 18, 1994
Mr. Hal Rosenberg
City TraffIC Engineer
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 92010
Dear Hal:
Urban Systems Associates, Inc. (Urban Systems) was retained by Eastlake Development to
evaluate possible Impacts from the development of additional dwelling units In the Eastlake
Greens GDP/SPA Amendment. The Eastlake Greens GDP/SPA Amendment proposes an
Increase of 97 dwelling units from 2,774 DU to 2,871 DU.
Project Trio Generation
the development of 97 additional dwelling units will result In the following peak hour and daily
trip generation.
. NA PEAK PM PEAK
USE INTENSI1Y GENEAATION N:1T
AATE NA% NA IN:OUT IN:OUT PM% PM IN:OUT IN:OUT
SPUT SPUT
SFDU 1700 101DU 870 8% 78 2:8 18:82 10% 17 7:3 88:28
As can be observed, the 97 additional units will result In 97 PM peak hour trips. Of the 97 PM
peak hour trips, 68 are inbound and 29 outbound to the project. The AM peak would have 78
additional peak hour trips with 16 Inbound and 62 outbound during the peak.
Previous TraffIC Studv Assumotions
A traffic study for KaIser Hospital (Eastlake I SPA Amendment by JHK Associates) was
comoleted on Aorll 20. 1992. The KaIser Hospital traffic study represents the most recent
analysis of interim conditions for eastern Chula Vista (east of 1-805). The analysis for Interim
conditions assumed the "approved projects" level of development for It's Interim analysis. The
"approved project" level of development was based on the Anal Eastern Chula Vista .
Transportation Phasing Plan Update prepared by Wildan Associates (1/91).
001..
112 - /1 'Z
. SAN DIEGO, Ct 92123-1573 . (619) S6(J-f911
VLGaITIIl7
4540 K&fRNY J2l.lA ROAD, SUm 106
. FAX (619) S6(J-9734
Mr. Hal Rosenberg
February 18, 1994
Urban Systems Associates, Inc.
In the final report for Kaiser Hospital dated April 20, 1992, (page 41), the approved project
development scenario will result In approximately 193,230 additional daily trips in Eastem Chula
Vista. The analysis included trips generated by 2,774 units In the Eastlake Greens project.
Using the "approved projects" condition as the .e, hnpacts from the KaIser Hospital were
evaluated. Attachment 1 shows the AMIPM peak hour Intersection level of service from the
Kaiser Hospital traffic analysis.
As shown In Attachment 1, all Intersections are forecasted to operate at a level of service "0"
or better. Kaiser Hospital impacts to the intersection of Olay Lakes at Eastlake Parkway (the
critical Intersection for the Kaiser Project) for the AMIPM peak results In a level of service "C"
to "0". Intersection delay was 5.2 seconds for the AM peak and 5.4 seconds In the PM peak
at this location. The Increased delay at this location was due to more than 14,000 daily trips
from the Kaiser project being added to the base conditions.
The KaIser analysis concludes that the Intersection delay at Olay Lakes Road and Eastlake
Parkway Is 25.8 seconds In the AM peak and 29.8 in the PM peak which translates to a level
of service O. It should be noted that the intersection delay at Olay Lakes Road and Eastlake
Parkway could be increased as much as 10 seconds and still remain at a level of service "0".
';PA Amendment Imoaets
In order to determine possible impaets from the proposed SPA amendment, project traffic was
added to the Intersection analysis discussed above. All other assumotions for the computer
intersection analysis remained the same. As shown on Attachment 2, the resulting level of
service Including project traffic remained "0" for both the AM and PM peak. A comparison of
Attachment 1 and 2 shows that with project traffic the Intersection delay Increased only 1.5
seconds in the AM peak and 2.1 seconds in the PM peak. This clearly indicates that the Spa
Amendment for interim (worst case) conditions Is not likely to create Impacts which would require
mitigation or change the level of service at Eastlake Parkway and Olay Lakes Road.
In addition, possible impacts from the proposed SPA amendment were analyzed for the
Intersection of Eastlake Parkway and Fenton Street. Base conditions for the intersection
analysis were obtained from the Scripps Clinic TraffIC analysis dated March 30, 1993. For the
base conditions, signal timing was optimized which resulting in a level of service "0" for the P.M.
peak or an intersection delay of 36.7 seconds (see Attachment 3).
Project traffic was then added to the base conditions. All other assumptions for the computer
intersection analysis remained the same. As shown on A~chment 3. the resulting level of
service Including project traffic remained "0". Intersection delay changed only 0,4 seconds to
37.1. This clearly shows that the SPA amendment for Interim conditions Is not likely to create
'mpacts which would require mitigation. M build out or with an Interim 125 or with an Orange
Avenue connection, Spa Amendment Impacts would be even smailer because there would be
multiple access routes.
DOl.
r~ - r 1,
VLGamIl7
Mr. Hal Rosenberg
February 18, 1994
Urban Systems AssocIates, Inc.
BaSed on the Information discussed above, Impacts from the development of 97 additional units
appear to have minimal Impacts on the circulation system. We therefor suggest that no further
traffic analysis is necessary.
Please call us if you have any questions regarding the analysis discussed above.
,
APsrrRS:vks
Attachments
cc: Bruce Sloan
Cliff Swanson
Doug Reid
11I1.
/:2 - ~~
Y1.GC:1fW17
~
ATTACHMI:. 1
INTERIM (PRE SR-125) INTERSECTION PEAK HOUR ANALYSIS
FOR KAISER HOSPITAL
. n.e Iu~ dan LOS............ dill.. ft:111'*1111he Bale -=cess KenMIo for Eudm I with
.. mId-_ oIpa1 .. _ .. .... praiIorty _, ""'" lila, Lokcs Road .... of Eas1Iokc
Part..,.. A Lie L.... '. ClpKiIJ ...,. has been performed for the four Eutlake 1 sile
_ .... __...........__(Scc0lap1cr7).
. The lnL.. tdlHl LOS.iIaes Jhown on Ihh tIbIe represent the Bale ecc:eSIlCe8Irio far EasdIIte t whh
no mifl.bloclt sipal or KCeSI to the propeI1J' directly from ou.,. Lakes Road wesl of Easdake
Parkway. A tepanle io.It..........don capacity analysis has been performed for the four Easdake 1 site
acc:eu intenreetions under various altem.ti-Ie It(eSI sceMrios (See a..pter 1).
Soarcc: !Hie a:__
SOURCE
EASTLAKE I "A AMENDMENT 1RAfl'1C ANAL ydi
PMPAAED IY _ AND ASSOCIATES, APIIL 20. -
Source: ntK a: AssoeiIIeI.
6-9
URBAN SYSTEMS
EAsnAKE GREENS
001685B
2n4
ATTACHMENT 2
INTERIM (PRE SR-125) INTERSECTION ANALYSIS FOR
THE PROPOSED PROJECT
1915 ROIt SIGNALIZED IIITZRSECTtOMS
SutDlU.! REPORT
..........................................................................
IN'l'ERSECTIOIf..O'l'AI LUIS RD.fDS'l'LAltE PltWY.
AREA TIPE.... .OTHER
AJfALIST. ~'" . . . . URBM SIS'tDlS
DATE..........02-11-94
TI"E..........AM p~
COMMJ!:IIT...... .TPP BASI + kAISER + E.G. IPA. MlMBHOMENT
-------------------------------------------------------------------------- --------------------------------------------------------------------------
WLUM"" GEO!tETRY WLUM"" GEOMETRY
n ... .. .. n ... NB SB .. "" NB BB .. lI\I NB SB
L~ 1115 131 719 1.. L 12.0 L 12.0 L 12.0 L 12.0 L~ ... 168 625 181 I L 12.0 L 12.0 L 12.0 L 12.0
~ 377 162 5.2 11' L 12.0 ~ 12.0 L 12.0 ~ 12.0 TH 2.2 .71 231 51. L 12-.0 ~ 12.0 L !Z.O ~ 12.0
RT ... 152 13' .2. ~ 12.0 ~ 12.0 ~ 12.0 ~ 12.0 RT ... 222 164 1274 ~ 12.0 ~ 12.0 ~ 12.0 ~ 12.0
RR . . . . ~ 12.0 ~ 12.0 TR 12.0 R 12.0 RR . . . . ~ 12.0 ~ 12.0 TR 12.0 R 12.0
R 12.0 R 12.0 12.0 R 12.0 R 12.0 R 12.0 12.0 R 12.0
R 12.0 12.0 12.0 12.0 R 12.0 U.O 12.0 12.0
19.5 HOM: SIGNALIZED INTERSECTIONS
SUHlaRY REPORT
.AAAAA.....................A..............................................
INTERSECTION. . orAl LAlCES RD./EASTLAItE PDt.
AREA TYPE.....OTHER
ANALYST.......UR8AM SlSTEMS
DATE..........02-11-94
TIME..........PM PEAK
COMMENT.......TPp BAS2 + ~19ER + E.G. SPA AMM!NDM!NT
--------------------------------------------------------------------------
--------------------------------------------------------------------------
ADJUSTM1!:H"l' FACTORS :ADJUSTMEII'I" FACTORS
GRADO IIV AD.T PKG BUSES PIlr .m" .m. BUT. """. TY.O GRADE IIV ANPKO BUSES PIlr .m" .m. .UT. """. TYPO
It) It) tiN NIl Nb ~/N .in T (t) (t) Y/N N. N" tiN .in T
n 0.00 2.00 . . . 0.90 5. t 34.8 . E. 0.00 2.00 . . . 0.90 5. f 29.5 .
NB 0.00 2.00 . . . 0.90 5. f 34.8 . .s 0.00 2.00 H . . 0.90 5. Y 29.5 .
.. 0.00 2.00 . . . 0.90 5. t 40.8 . NB 0.00 2.00 N . . 0.90 5. t 35.5 .
SB 0.00 2.00 . . . 0.90 5. t 40.8 . S. 0.00 2.00 N . . 0.90 5. t 35.5 .
-------------------------------------------------------------------------- --------------------------------------------------------------------------
SIGNAL SEftIIfGS CYCLE LENGTH - 110.0 SIGNAL SETl"IIIGS CYCLE LElfGTH - 110.0
PIl-1 PR-2 PR-3 PR-' PR-1 PH-2 PIl-] PIl-' PH-l PR-2 PR-] PIl-' PR-1 PH-2 PH-] PH-4
.. L~ . . .. L~ . . EB LT . . NIl L~ . .
N:> m . . m . . ~N . . m . .
M . . RT . . RT . . M . .
\ PO PO .0 PO
tB L~ '. s. L~ . ... L~ . .. L~ .
~ ft . m . m . m .
M . RT . RT . RT .
C> PO PO '0 PO
GREEK 31.0 10.0 5.. ... "".... 13.0 14.0 ... ... GREEN 16.0 12.0 12.0 ... GREEN 11.0 ... 25.0 .,.
)c, tELLOW ... ... ... ... tELLDll ... ... ... ... YELLOW ... ... ... ... YELLON ... ... ... ...
-------------------------------------------------------------------------- --------------------------------------------------------------------------
LEVIL 01' IDVICE LEVEL 01' SERVICE
LANE GRP. v/e c/e DELAt lDS l\PP. DELAt APP. lDS LANE GRP. v/e C/O DELAY lD_ .... OELAY ..P. lD_
n L 0.90t 0.464 U.9 D 24.6 0 EB L 0.148 0.]00 21.5 D 28.2 D
~ 0.619 0.112 24.1 0 ~ 0.251 0.264 15.1 0
R 0.6" 0.309 19.3 e R 0.985 0.427 32.0 D
lI\I L 0.25& 0.:"1 20.2 0 25.6 D lI\I L 0.113 0.155 39.' D :13.2 D
~ 0.679 0.055 30.t D ~ o.'n 0.118 31.2 D
R 0.613 0.112 24.4 0 R 0.571 0.212 16.9 0
n L 0.953 0.291 U.I I 36.8 D NB L 0.941 0.236 45.5 I 33.4 D
TR 0.171 0.245 29.3 D TR 0.453 0.309 14.5 I
, SS L 0.547 0.121 36.' D 11.2 0 SB L 0.721 0.164 39.4 D 33.1 0
~ 0.731 0.012 31.1 D ~ 0.711 0.236 22.3 0
R 0.343 0.545 ... . R 1.037 0.536 37.6 D
-..------------------------------------------------------------------------ -------------------------------------------..---------------------------
n TERSECTIOIII
Delay - 21.3 (.ec/nh)
V/C _ 0.194
LOS-D
INTERSECTION:
Delay - 31.9 (.ec/yeh)
V/C - 0.771
LOS-D
EASTLAKE GREENS
2/14
URBAN SYSTEMS
0016'858
r
.~
\
~
o
\"\)
ATTACHMENT 3
INTERIM (PRE-125) INTERSECTION ANALYSIS FOR THE PROPOSED PROJECT
EASTLAKE PARKWAY AT FENTON STREET
.,,! IlOl1 IICIIALUID IIftllUlBC'ftOllI
.UMttARY REPORT
..........................................................................
III'I'DSIC'fIO.t". .f'1Ift'OII ft./DSTLAIta PIl1I"f.
AREA TY,......O'I1ID
...ALylT...........1UI nftllll
OATE....~.....02-11.1"4
TIHI..........PII PIAl:
cotMEMT.......'l'PP BASil. k.USII./ICkI.PI
1915 RCMI ItCIfALUED 11I1'ElUJICTlotfll
SutMkRY REPORT
..........................................................................
IIfTERSECTIOM. .FEMTON ST./EASTLAItE PIOI't.
MEr. TyPE.... .OTHER
A~ALYST.......URBAM SYSTEMS
DAT!..........Ol-11-1994
TIME..........," PEAK
COMMENT.......TPp BASI + KAISER/SCRIPPS + I.G. IPA~!MT
--------------------------------------------------------------------------
--------------------------------------------------------------------------
VOLUIIU alOllETRt VOWIIES ._t
n .. .0 n n .. .0 .0 II '0 .0 SO n .. .0 SO
L7 S' ... ... .. L 12.0 L 12.0 L 12.0 L 12.0 L7 5. .5. ... .. L 12.0 L 12.0 L 12.0 L n.o
,.. "5 n ". ... L n.o L 12.0 L 12.0 L 12.0 ,.. "5 n "5 ... L n.o L 12.0 L 12.0 L n.o
... "S '11 ,U .. 7 12.D 7 12.0 7 12.0 7 12.0 ... "0 11' lB' .. 7 12.0 7 12.0 7 12.0 7 12.0
.. . . . . . 12.0 . 12.0 7 12.0 7 12.0 .. . . . . . 12.0 . 12.0 7 12.0 7 12.0
12.0 12.0 ,.. 12.0 "" 1:1.0 12.0 12.0 "" 1:1.0 "" 12.0
12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0
-------------- ----------------------------------------------- --------------------------------------------------------------------------
ADJVSTMIDIT FAC'l'OM:S .kDJUS'I'ItDn' raC'l'OU
....,. .. aD> "'" ..... PH' rtllS ,m. Itn. AJUt. TYP! CODE .. aD> ... BUSES PH' 'm. ,m. .... .... 1'1"
(t1 (0' tIN o. JIb tIN .in l' (0) (0' tIN ,. ,. tIN .In'l'
n 0.00 .... . . . 0." 5. t 31.' , .. 0.00 2.00 . . . O.tO 50 t n.' ,
.. 0.00 2.00 . . . 0.'0 S. t 31.' , .. 0.00 2.00 . . . 0.90 5. t 31.' ,
.0 0.00 .... . 0 . o.to 5. t 31.' . .0 0.00 2.00 . . . 0.90 5. t 31.' .
so 0.00 2.00 . . . 0.90 S. t 31.' . 58 0.00 2.00 . 0 . 0.90 50 t 31.' .
----------------------------------------------------------------------- --------------------------------------------------------------------------
IIGlfAL IBTrlllGS ClCL! LDlGTR .. 110.0 SIGNAL SETTINGS etUE LIHCTH .. 110.0
PH-' PH-' PH-' PH-' PH-' PH-' PH-J PK-4 PH-' PH-' PH-' PH-4 PH-' PH-' Pft-' PH-4
.. W 1- .. L7 I .. L7 I .0 L7 I
,.. I- I ,.. I ,.. I I ,.. I
n I I n I ... I I ... I
PO PO ,. ,.
.. L7 I so L7 I I .. L7 I so Lt I I
,.. I I ,.. I I ,.. I I ,.. I I
n I I n I I ... I I ... I I
PO ~ .. .. ro
..... 30.0. 11.0 ... ..... It.O ,.. 14.0 ... ".EM 30.0 ... 11.0 ... ..... 1'.0 ,.. It.o ...
tlLLOll ... ... ... tlLLOll ... ... ... '.0 tELLOW ... ... ... ... YELLOW ... ... ... ...
------------------------------------------------------------------------- -------------------------------------------------------------------------
LB'IBL or lavtCK LIYEt. or SERVICI
...... .... ./. ./. .....t .... .... .....t .... 1.05 LAJfK CRP. 7/e ./e DlLAt .... .... .....t .... ....
.. L 0.0" '.211 22.0 e 21.1 . .. L 0.051 0.212 22.0 . ".5 .
7 '.2.' ..:n' 17.J . 7 0.269 0.33' 11.3 .
. '.'4' 0.491 JO.I . . 0.956 0.491 31.' D
ttl L 0.11' '.114 11.7 , 41.. . .. L 0.911 0.164 11.7 , 4'.4 .
7 0.241 0.211 23.0 . 7 0.243 0.211 23.0 .
. 0.112 ..4n 10.' 0 . 0.172 0.413 10.' 0
.. L 0.... 0.155 31.1 . 40.3 . .. L 0.... 0.155 36.1 D 40.. I
ft 0.912 0.13. U.4 . ,.. 0.965 0.136 U.9 .
.0 L o.on 0.255 n.' e J3.' D .0 L o.on 0.255 23.' e 33.9 . ,.
ft o.tlO 0.231 J4.2 . ,.. 0.962 0.236 34.5 .
-------------------------------------------------------------------------- --------------------------------------------------------------------------
twrnlICTIOW. ~l., .. ,..1 (.ee/.o) 'lIe .. 0."" 1.0. - . tllTERSECl'tOR I 0.181 .. 31.1 (.ee/_h) 'lIt! .. 0.651 1.0. - .
EASTLAKE GREENS
0016658
URBAN SYSTEMS
2,"
MEMORANDUM
February 23, 1994
File Number YS 591
FROM:
Doug Reid, Environmental Review coor~i~~tor
. Roger Daoust, Senior Civil Engineer ~J
TO:
SUBJECT:
Initial Study 94-019, EastLake Greens GDP & SPA Amendment
This is to clarify our comments (on sewers and drainage) dated
February 1, 1994 concerning the information provided in the
application for the subject Initial Study.
Our comments on drainage (Section I, A through E) noted that
project specific improvements would be required as development
occurs and further, that regional improvements in Salt Creek and
Poggi Canyon may be required as development occurs. This comment
was meant to convey that development of the overall General
Development Plan area would probably require construction of
regional level drainage improvements. Any additional development
which may occur as a result of this amendment may require greater
capacity in those facilities, but we believe that the added
capacity would be insignificant.
Our comments on Section VI, Waste Generation, noted that some
segments of the Telegraph Canyon Trunk Sewer will be over capacity
at, or prior to, General Plan buildout conditions.
This comment addressed the fact that the EXISTING Telegraph Canyon
Trunk Sewer lacks capacity to serve the buildout development. A
Development Impact Fee (DIF) is presently in place for gravity
basin development, and a Telegraph Canyon Pumped Basin DIF will be
in place very shortly, as will a Salt Creek Basin DIF.
The parallel and upgraded facilities provided for through the
collection of these fees will be adequate for the provision of
sewer service to all of the affected development areas for as long
as necessary.
The additional development which may result from the proposed
amendment may have a non-significant impact on one segment of the
sewer line. That impact would be that an upgrade required by the
overall development would increase by a minor degree with the added
development. No increase in the DIF would occur.
RLD: YS-SSll
P:\HOMB\BNGINBBR\IS94-019
/2-.,.264
EXHIBIT A
Description of Work
Assessment District 94-1
The general description of work to be funded by Assessment District 94-1 consists of the following:
1. Street improvements consisting of grading, base, paving, gutter, sidewalk, street lighting and
landscaping within the following rights-of-way:
a. South Greensview Drive - from Clubhouse Drive to Unit 6 entranee (2,400 L.P., Phase 1).
b. South Greensview Drive - from Silverado Drive to Hunte Parkway (3,400 L.P., Phase 2).
c. South Greensview Drive - from Unit 6 entrance to Silverado Drive (1,920 L.P., Phase 3).
2. Utilities and underground improvements consisting of potable water facilities, storm drain facilities,
sewer facilities, reclaimed water facilities, electric facilities, telephone facilities, gas facilities,
television facilities as appropriate by applicable state and federal statutes within the following rights-
of-way:
a. South Greensview Drive - from Clubhouse Drive to Unit 6 entrance (2,400 L.P., Phase 1).
b. South Greensview Drive - from Silverado Drive to Hunte Parkway (3,400 L.P., Phase 2).
c. South Greensview Drive - from Unit 6entranee to Silverado Drive (1,920 L.P., Phase 3).
3. DlF funded street improvements consisting of grading, storm drain, base, paving, curb, gutter,
sidewalk, medians, streetlighting, landscaping and street monumentation within the following rights-
of-way:
a. Hunte Parkway _ from Clubhouse Drive to South Greensview Drive (2,300 L.P., Phase 2).
4. DlF funded street and underground improvements consisting of grading, and storm drain
improvements within the following rights-of-way:
a. Hunte Parkway _ from South Greensview to Orange Avenue (1,270 L.P., Phase 2).
b. Orange Avenue _ from Hunte Parkway to the SDG&E easement (3,SOO L.P., Phase 2).
,
wpc,:'tII ~6l.5.M
1:2- 26:)
~-
. -...
-"."
~t'.:'ll Fri:lI"!> R,):IJ
RICK ENGI~'EERlNG COMPANY
S~lll Di~'po
C:,hfurni:\ 92110.2:;96
\L:k! 1?(',u:'Ut,' /):.....\.1)
If'll~) 291.(liOi
fAX: l~191 291~1r-~
-oJ
f'::-"':' .,
. -- -.
1.")........
,:J:J':':
February 7. 199~
Mr. Clifford Swanson
City of Chula Vista
276 Fourth Avenue
Chula Vista. California 91912
RE: EASTLAKE GREENS - GENERAL DEVELOPMENT PLAN AMENDMENT AND
SPA AMENDMENT (1-12347)
Dear Mr. Swanson:
This is to confirm that the stolm drainage system designed for EastLake Greens has adequate
capacity to accommodate the run-off generated by additional areas being incorporated into
EastLake Greens SPA boundary. as shown on the attached exhibit. In addition. areas being
added do not adversely impact the drainage s)'stem previously planned and approved as pan of
Tentative Map for Chula Vista Tract No. 88-03.
Should you have any questions. please call me,
Sincerely.
, RICK ENGIN~2.-.q:)MPANY
):)-C ~., -,'
/",
Dennis C. Bowling. .5.. R.C.E.
Director. Water Resources Division
DCB:kt.OOl
Enclosure
cc: Mr. Doug Reed. City of Chula Vista
Mr. Bruce Sloan. EastLake Development Company
Mr. Houshmand Aftahi. Rick Engineering Company
/2-,,!20h
\
r~,; .
February 9.1994
Mr. Cliff Swanson
City Engineer
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
As a part of the review of the referenced initial study the engineering
department noted possible adverse impacts to the sewer system serving the
EastLake Greens Project. As a response to this concern, I have quantified
the impact of the Plan Amendment in each of the sewer basins within the
EastLake Greens Project. This review (attached) has concluded that the
impacts of the additional development within each of the basins is minimal
when compared to previous land use and system analysis performed by the
city.
/..~
-
..
.
EASTLAKE
DMLOPMENT
COMPANY
Re: EastLake Greens Development Plan and
Spa Amendment 15-94-19
Dear Cliff:
If you have any questions regarding this information, please do not
hesitate to call me.
,
Sincerely,
EASTLAKE DEVELOPMENT COMPANY
Bruce Sloan
Senior Project Manager
cc: Doug Reid . Environmental Review Coordinator
QOO Lone Avenue
Suite 100
ChulO Vista. CA 91914
(619) 421-0127
fAX (619) 421.1830
I ~~ .:267
"
~
--.-
SALT CREEK BASIN GRAVIlY SEWER ANALYSIS
Sewer service to the Salt Creek Basin within the EastLake Greens
Project in currently provided by the Ctay Lakes Road Lift Station
(located at Dtay Lakes Road and Salt Creek) and the Telegraph Canyon
Trunk Sewer. The proposed EastLake Greens General Development
Plan and Spa Amendment affects the following parcels within the Salt
Creek Basin:
Parcel Existing Units Proposed Units Increase+/
Decrease-
R-3(south) 42 51 9
R-10 167 246 79
R-ll 92 87 <5>
R-22 146 141 <5>
R-23 205 214 9
R-27 40 44 4
Net Change In Units 91
The flow generated by the additional 91 dwelling units (based on 250
GPD per DU) is 15.8 GPM. This amount represents an increase of
1.4% over the 1100 GPM flow rate assumed to be generated by the
EastLake Project within the Salt Creek Basin (see Telegraph Canyon
Sewer Basin Improvement and Financing Plan Amendment
Incorporating Pumped Flows, Figure 8, Page 11). The operation of the
Ctay Lakes Road Lift Station and Telegraph Canyon Trunk Sewer
should not be significantly impacted by the relatively minor increase in
the flow rate.
f :1 -....? () '0
I
.
TELEGRAPH CANYON SEWER BASIN IMPROVEMENT AND FINACIAL PLAN
The proposed General Development Plan and Spa Plan Amendment
will affect 4 parcels (R-7, R-ll, R-14, and R-24) that are located
within the boundary of the Telegraph Canyon Gravity Sewer Basin. At
the time the Basin Improvement and Financing Plan was developed
EastLake Development Company and the City assumed the unit counts
proposed in the Amendment, Therefore, no modification to the
Telegraph Canyon Sewer Basin Improvement and Financing Plan is
required.
POGGI CANYON SEWER BASIN
Sewer service to the Poggi Canyon Sewer Basin within the EastLake
Greens Project is currently provided by the EastLake Parkway Pump
Station and the Telegraph Canyon Trunk Sewer. The proposed
EastLake Greens General Development Plan and Spa Amendment
affects the following parcels within the Poggi Canyon Basin:
Parcel Existing Units Proposed Units Increase+/
Decrease-
R-3(north) 42 51 9
R-14 84 86 2
R-15 88 65 <13>
R-20 164 143 <21>
R-25 74 78 4
R-28 27 60 33
Net Change In Units 14
The Average flow to the EastLake Parkway Pump Station (as outlined
in the Telegraph Canyon Sewer Basin Improvement and Financing Plan
Amendment Incorporating Pumped Flows) is 254 GPM. At a rate of
250 gallons per day per unit the net increase in units generates an
additional 2.4 GPM. The operation of the EastLake Parkway Lift
Station and the Telegraph Canyon Trunk Sewer should not be
significantly impacted by the relatively minor increase in flow rate.
1.2 - 20 1
NAR- ~-94 .....ED 1 E. : 1 Z; CHULA '".' J ~;T.'~ :;::.CHOOl.
J) I ~=.; T ...
PO'\?!2
SOARD Of EDUCATION
JOSEPH D. CUMMINGS. Ph.D.
LARRY CUNNINGHAM
SHARDN GILES
PATRICK A. JUDO
GREG R. SANOOV At
SUPERINTENDENT
LIBIA S. GIL. Ph.D.
CHUIA VISTA ELEMENTARY SCHOOL DISTRICT
84 EAST "J" STREET' CHeLA YISTA, CALIFOIL'\lA \1l910 . 6194Z:;.9GOO
----.-. .-..-------. -- ..- _._~.-.._--
EACH CHILD IS A.." 1:-; Dl\']lJl'AL OF GRE/>.T WOHTH
March 9, 1994
Mr. Doug Reid
Environmental Review Dept.
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
RE: EastLake Greens GDP/SPA Amendment
Dear Mr Reid
The proposed GDP/SPA Ame~,dmen' will Increase the total dwelling unit count
within EastLake Greens by 9- units from ;(774 to 2871 At the District-wide
average student generation rate of 03 students/unit. t'1'S equates to 861 students.
It is anticipated that all ct\lldre!-' iiom EastU,ke Greens Including those from the
additional 97 units. will aHe:"!,! Scho'Jl No S5 which will be constructed In the
EastLake Greens Community and hHS a proposed opening date of July, 1995
This school is planned to cpen on a Single-track year-round schedule and
eventually convert to a multi-track year-round schedule when required to
accommodate enrollment
All elementary school facilities within the EasiLake Community will be financed by
participation in Community Facilities District No 1, which fu!ly mitigates all project
impacts on schools
If you have any questions, plee;se contact me
Sincerely,
.~\cL S\.V-''-~( '.,
Kate Shurson
Director, Planning & Facilities
,
KSdp
cc: Katy Wright
1!i-.2f6
8..18k...unulld
EASTLAKE IT (EastLake I Expansion)
PLANNED COMMUNITY ZONE
-GENERAL DEVELOPMENT PLAN-
~~QiQS~pFJNAl, DRAFr ~M~@M~ID'
!.pril21,1992
February 28,1994
STRIKE-QUTIREDLINE VERSION 7/18/94
PROPOSED TEXT
DELETED TEXT
Approved by ChuJa Vista City Council Resolution No. 16702
June 30, 1992
1.2-21(
General Development Plan Text
A. Purpose and scope
The EastLake II (EastLake I Expansion) Planned Community Zone
is established in accordance with Chapter 19.48 of the Chula
Vista Municipal Code and applies to the property indicated on
the General Development Plan Map. Upon adoption, this text
and the included exhibits shall be the General Development
Plan for the EastLake II Planned Community Zone.
The purpose of this General Development Plan (GDP) is to
provide for the orderly pre-planning and long-term development
of the area identified as EastLake II through the use of the
Planned Community (PC) Zone as administered by the City of
Chula vista. This project is an expansion of the EastLake I
General Development/SPA Plan area to incorporate the territory
proposed for the next development increment in the EastLake
Planned Community. Given the scale of the project, the detail
presented in this document is limited. More detailed planning
will be completed and approved at the "neighborhood" level in
sectional Planning Area (SPA) plans.
Two SPAs are designated in this plan: EastLake Greens and
EastLake Trails. Each SPA plan will provide detailed planning
information as well as specific community design, public
facility financing and development standards tailored to the
proposed uses and site characteristics of the individual
planning area. The SPA Plan for EastLake Greens is being
processed concurrently with this General Development Plan
while the EastLake Trails SPA will be submitted at a later
date. Construction within each SPA will be phased in accor-
dance with phasing plans formulated in conjunction with the
SPA planning process.
B. Background and Setting
The EastLake Planned Community site is a contiguous parcel of
land in eastern Chula vista. The purpose of this General
Development Plan is to implement the city's General Plan and
extend the comprehensive planning concepts and high quality
development standards established in the current phases of
planning and development, EastLake I, to EastLake II (i.e.,
EastLake Greens and EastLake Trails), the next major develop-
ment phase for the overall community.
with the adoption of the original EastLake Plan in August,
1982, the General Plan for EastLake I, which includes approx-
imately forty percent of the property, was established as the
EastLake I General Development Plan and PC District Regula-
tions. At this time, the balance of the EastLake Planned
(4/24/92)
~
1.9- Q (~
Community was identified as "Future Urban" on the City I S
General Plan Map. A notation on the map referenced a special
set of land use and planning policies known as the EastLake
Policy Plan. subsequently, EastLake I was annexed to the
city, a sectional Planning Area (SPA) Plan and tract maps were
approved, and construction commenced in the area north of
Telegraph Canyon Road. The balance of EastLake remained in
unincorporated territory, but within the official Sphere of
Influence and Planning Area of the City.
The second major increment of the EastLake Community is the
planning of the EastLake Greens and EastLake Trails neigh-
borhoods, located east of the proposed alignment of SR-125,
between Telegraph Canyon Road and orange Avenue. Admini-
strati vely, this is to be accomplished by expanding the
EastLake I PC. to include the proposed development areas.
This second phase has been commonly known as "EastLake II"
although it contained only a portion of the area originally
identified as EastLake II in 1982.
~FORO~l!d.\J,~,9.4,.@~neral, Developm!lnt Plan,AII1!lndme~~
,Ke~r:6FI<.#nal.,' EastLake property 'has~bee
,astLake made an exchange' of ' pr9per~
, . . 9wn,as th~ : ,Land Swap Property." ThiS! prOI>9S
is, ~n endEld, to: ,incorporate, a portion" of:::the ',:Land
acres)intoFthe'EastLake Greens SPA for:armexat '
pf:: chuia:' ,vista. 'The balance of ,the ,Land\;Swap
!in..te,pge.ci..'it9"i,b!l :.tpli!:.S!ubjectof a future,apti9}}~
7'ne;'EastLaKe ' .Greens' SPA was or iginally'., prop6sed,.to.Coij~aih
:f i ve, parcels for higher density housing :,:These : par,cels ."w,ere
giv;en:!rl"interim density designation in the' SPA, appr(),yal,
process. ' 'This 'amendment intends to revise these. ,interim
~!"sigpations and maintain, the overall, communitYu;:haraptElJ::..:;:,m
c. site Description
Tl.LC ~J..vje(.L .$ite ("Oh6i6tS or d 6ili91~ pal\".ocl wl.LiGl.L is partial
I,)' witl.Liu Ll.Le C~LJ' l~lu~Lo:J (auu..::;xed as a pa.:rt or EastL6kl; I)
abd pa.:rtialll' ,...."..I.L;:;>~J.l; Ll.L~ .u",111"':",,",~~a.l bvu.uda.:ry, but witl.i11 tL.e
v[[~G.ic:Ll 3pl.Lere of Il.Lfltlellc.e 6laJ. tl.Le a~lJeldl Plab Area or t11~
City or Cl.Lula vista.. TIle parcel adjoill5 exibtihg J.l;v~lvl-'.u,,=uL
w~LL~u Ll.LC C':'t}' at it~ 1101 tIle]::ll LOtll1l.161}' I ~ll~.....b .;.;:) forlued by
'I'ele':l.LCll-"Il CClUl'VU ROuJ. 3ClIL C.Ll;ek ~;:) IV\".oClLl;d at tIle project I ~
~a~telll Loullddr}', wllile tIle proposed aligllluebt fv.L Orahge
Avehl1" gel,erall}' [OrI" Ll.e ~uutl,e!:l. LOlll,J.aL}. 1'1,,, ~ite' s
westellJ LoulJdar}l is e;:);:)l;uL';'Cl11l' Llle proposeJ ol';'~uJIIl;ut for
3R :;::;.
(4/24/92)
~
/.2- .!) 13
The project site. is generally comprised of gently rolling
topography with the Salt Creek corridor forming the predomi-
nate geographic feature. The rounded features of the site
reflect the years of plowing and discing associated with its
historical dry farming use. Localized views to Salt Creek and
adj acent hillsides available from hillside locations. The
range in elevation is approximately 100 feet from the creekbed
to hilltop.
Salt Creek is also the significant natural resource on the
site. It has been identified as an environmentally sensitive
area because of its biological and wildlife habitat value, and
aesthetic value. The original EastLake EIR (EIR 81-03)
included a biological survey of the area. The survey identi-
fied sensitive resources within Salt Creek and in the south-
ernmost portions of the site. No significant archaeological
or cultural resources have been identified in several surveys
of the project site. Currently, adjacent properties are also
utilized for dry farming.
D. General Development Plan
Land Use
The General Development Plan for the project consists of an
expansion of the area included in the EastLake I General
Development Plan and a conversion of the land use and density
categories used in that exhibit to those used in the General
Plan Update.
North of Telegraph Canyon Road, no changes to land use or
density are proposed. The General Development Plan only
converts the currently approved development to the new land
use/density categories. South of Telegraph Canyon Road,
specific land use/density categories will be assigned to the
EastLake I area originally designated "Future Urban".
Specific categories will also assigned within the expansion
area. Circulation Element roadways will also be designated
within the expansion area. All designations are consistent
with the implementing policies of the General Plan Update.
The Circulation Element amendment proposes a change in the
alignments of Orange Avenue and Otay Lakes Road (Telegraph
Canyon Road). The addition of two major roads, EastLake
Parkway and Hunte Parkway, to the planned circulation system
of the area is also proposed. These are depicted on the
Proposed General Development Plan exhibit.
The proposed General Development Plan designates a wide range
of residential densities, residential support uses, commercial
and employment uses. Residential support uses are found
within the PUblic/Quasi-Public (PQ) category. These uses
(4/24/92)X~/l~Z~fl.
G-- !2/4
include schools, utility sites, hospital/medical center and
other community facilities. Several of the PQ parcels have
been identified as candidate church sites. The project
proposes a total of 10.8 gross acres for church site use (4.0
ac. within EastLake I Village Center and 6.8 ac. within
EastLake Greens and EastLake Trails). This acreage could
provide sites for 3 to 5 churches, depending on congregation
size and the inclusion of day care facilities. Should
additional PQ designated acreage be not utilized for other
needed pUblic/quasi-public facilities, it could be available
for church uses.
Planned Community Zone
The General Development Plan is a required component of the
Planned Community District permitted by the Chula vista Zoning
Code. As mentioned above, the EastLake I PC was adopted in
1982. This PC District was amended with the approval of the
EastLake I sectional Planning Area (SPA) Plan in 1985. This
amendment will expand the district to include the entire
EastLake Greens and EastLake Trails areas. At that time, no
land use districts, except a 14.9 acre park parcel in the OS-4
district, were established for the area south of Telegraph
Canyon Road. The Eastlake I General Development Plan indi-
cates a Future Residential classification and 1,299 dwelling
units on 320.7 acres in this area. The revised plan will not
substanti vely affect the development approved in the area
north of Telegraph Canyon Road. The proposed General
Development Plan incorporates the EastLake I expansion area
and shows a variety of land uses and a range of residential
densities. The area has been enlarged by 831.2 acres and a
maximum of 3,570 additional residential units are proposed.
(an additional 2,735 units using interim designations). Other
major uses include a High School, a Community Park, two
Elementary School sites, a Golf Course associated with the
residential development within EastLake Greens, and an
Equestrian Center associated with EastLake Trails.
Proposed.1994' Amendment
The. current amendment proposes to add.22.7 acres of' area:to
the'Pl21Imed Community Zone. This additional area is currently
~i thin the, County of San Diego., Theini t~~l approyaiof ;'t~is
p.mepdmeryt,will " be ,pre-an~exation zOl)in.g.ul)t,.,:i,l,::,~thg.,. !'I!:~!(:'1!l.
,for:rn~:l:lYiflrmexed, to, the. CJ. ty. of, Chula "Y:Lflta.
Develooment Regulations
with respect to development standards and use regulations, the
amended Planned Community Zoning Regulations, which are
adopted as an integral companion to each SPA Plan, provide
detailed standards that are applicable to each parcel of land.
The General Development Plan for the EastLake II (expanded
(4/24/92)
~
1.2. - ::nS
EastLake I) PC District is included in the EastLake Greens SPA
Plan. The area identified as EastLake Trails shall have a SPA
Plan including the same or similar regulations approved prior
to development.
D. Plan summary
1. Description
The proposed project consists of two residential neigh-
borhoods: EastLake Greens and EastLake Trails. The
project includes sites for necessary public facilities
including a high school, two community parks and two
elementary school sites to be shared with the project to
the north.
Detailed development policies, standards and programs
shall be provided in subsequent SPA Plans to assure
well-planned, quality development, conservation of
important on-site resources and provision of adequate and
timely public services and facility improvements to serve
the project.
(4/24/92)
~
1.:2 -Jib
2. statistical Summary
The following statistics are from the EastLake II
(EastLake I expansion) General Development Plan Map.
Table A
Combined EastLake I and EastLake I Expansion Areal
Residential Uses
Low
Low/Medium
Medium
Medium/High
High
AS;
250.5
;378. 0371.6
238.1221.6
141.1136.9
11.0
Density
Max. DU
0-3 du/ac 743
3-6 ".194.3
6-11 1894.
11-18 1830
18-27+
Ti-T
1,931
1,861
1,844
250
Total Residential
';L()}~. 7997.0
6.8 avg.
'66'60 6,363
"'."."".'''""'''*:''-'''
Non-Residential
Retail
Professional &
Administrative
Research & Limited
ManUfacturing
Open Space
Public/Quasi-Public
Parks & Recreation
Major Circulation
51.9
6.8
135.9
183.6 187.6
137.9
295.4
216.6
Total Non-Residential
1,629.3 1030..2
Future Urban
TZ-;-6-
PROJECT TOTALS
du
2,699.12121.~
3.2} avg.l~~E&Q.6,!j63
~ These st.1tisties refleet 31':1 ilitc:rim aCRsl ty sf 1.5 sl;l/ae applies te three
]i1stenti.Jl hifJ-h eieRsit}' sites .JS Retes 911 tRe CSRsr31 ~e\.elepFflent rJ3Jl :1313.
~~ Excludes Future Urban acreage in calculation.
(4/24/92)
:::-G""
/2-.J..,(7
Table B
EastLake Greens/Activity corridor SPA1
Residential Uses
Low
Low/Medium
Medium
Medium/High
High
Total Residential
Non-Residential
Retail
Professional &
Administrative
Research & Limited
Manufacturing
Open Space
PUblic/Quasi-Public
Parks & Recreation
Major Circulation
Total Non-Residential
Future Urban
PROJECT TOTALS
M;.
34.4
19li.6
U8.3
6').9
0.0
4li3.li
19.6
0.0
0.0
~
76.3
197.0
tHt-;--4- 8T.1
461.3 402.0
~
836.:;
Density
0-3 du/ac
3-6
6-11
11-18
18-27+
117
900
],096
758
Max. DU
*
~
'3-1-5
~
o
6.5~ avg. 2871 li,1>4
3.4 avg.}~ 6~ll li,114 du
! These st.1tisties refleet .:IR i.fJterim eisFlsi ty sf ~. S BC1/ae applied te three
petsFlti:d J;Ji1EfR rieRsity sites .:is Rsted en the Cer-wE.Jl E's...lelspmeRt 21.JR :"1.3.13.
~~ Excludes Future Urban acreage in calculation.
(4/24/92)
~
1:2 - !2 fg-
EastLake Trails SPA
Table C
Residential Uses
Low
Low/Medium
Medium
Medium/High
High
Total Residential
Non-Residential
Retail
Professional &
Administrative
Research & Limited
Manufacturing
Open Space
PUblic/Quasi-Public
Parks & Recreation
Major Circulation
Total Non-Residential
Future Urban (north of
Telegraph Canyon Road)
PROJECT TOTALS
AS;.
Densitv
Max. DU
54.4
107.5
21.7
13.8
0.0
0-3 du/ac
3-6
6-11
11-18
18-27+
163
630
223
244
o
197.4
6.3 avg.
1,260
15.0
0.0
0.0
2.5
16.5
67.6
30.7
132.3
63.1
392.8
3.8 avg.
1,260 du
Excludes Future Urban acreage in calculation.
Note: The acreages in the tables above and on the General Development Plan
~p are indicated to the nearest one-tenth acre based on planimeter readings.
Minor modifications that resu] t from technical refinements during the SPA
planning and subdivision process shall not require an amendment to this plan,
providing the spirit and intent of the plan are maintained.
(4/24/92)
~
/52-.211
a. Residential Summary
Table D presents the distribution of residential
acreage and units in EastLake Greens and EastLake
Trails to the various General Plan density catego-
ries.
Table D
EastLake Greens and Eastlake Trails
proposed Residential Densities
Residential Category
Acres
Dwelling
units
PODulation'
Low (0-3 du/ac) 88.8
Low/Medium (3-6 du/ac) 288;4300.1
Medium (6-11 du/ac)l.?9;21:;0. 0
Medium/High (11-18 du/ac):~?~:A91. 1
High (18-27 du/ac) . ... 0.0
280 "2"5't- 980
153,01,602 4590
13191,138 329,8
,1_9()i1,031 2()()4
o
~
4,806
2,843
2,014
o
TOTALS
642.3620. 6~I(i~~4, 034J,&~i,210 ,62S
1 Population estimate based on household size factors from the Updated
General Plan. This projection is to be used for reference only and not
as the sole basis for projecting service needs nor as a limitation on
permitted dwelling un_i!!;___
b. Density Transfer
In order to promote flexibility in residential
densities, the transfer of dwelling units from one
residential category to another within any SPA may
be approved as a part of the SPA plan approval
process. Notwithstanding this provision, the
clustering provisions of the General Plan Update
shall be utilized to maintain the community charac-
ter inherent in the density categories established
by this General Development Plan.
Transfers of density shall be based on evidence
that the proposed transfer would substantially
improve the spatial or functional relationships of
the involved SPA, or would materially increase the
quality of land use, circulation or conservation
pattern thereof. Transfers of density into the low
density category should not result in a reduction
in lot size requirements.
Should such a transfer be approved, applicable
statistics and the General Development Plan Map
shall be revised as an administrative matter with-
out the necessity of a formal plan amendment. The
proposed number of dwelling units within each of
(4/24/92)
7-"'-
,9.. - ...2.2. ()
(4/24/92)
the two designated SPAs is indicated below. Minor
adjustments to these statistics may be made with
approval of SPA plans without amendment to this
GDP. Densi ty may be increased on the parcels
within EastLake Greens designated for such an
increase in accordance with the provisions and
conditions of approval of the EastLake Greens SPA
Plan.
sectional Planning Area
Maximum Dwelling units
EastLake Greens SPA
EastLake Trails SPA
2,714 2St1
1.260
TOTAL
4,034 4131
~
1.2.-~~'1
General
Development
Plan
(PROPOSED)
t-A
RESIDENTIAL 01
MAX.
LAN> USE ACRES DUlAC LNTS \
CC1 Low 250.5 0-3 743
~ LowlMedium 378.0 3-6 1943
~-- 238.1 6-11 1894 i
~ """"""'" 141.1 11-18 1830 !
~"'" 11.0 18-27+ '50
&b-Total 1018.7 6660
NON-RESIDENTIAL
LAN> USE ACRES
CI::J ..... 51.9
~=~ 6..
GU r:.s::~~ 135.9
CD Open Spa"" 187.6
~ NlIc/Quasi-Pldc 137.9
co Partls . RBa.tion 295.4
~ MajorCi'Wation 214.7
- -
&b-Total 1030.2
~ Fuhn lkban 72.9
_T""" 2121.8ac 6660 dlJ
. CIt>dkSllteCf'Fllite
\lD1.._~;I"w'CIII""'IID......a.n.r.IDewlapmen'Pll.n_l
IDbeC_I_""~II.I.Gtner.IPlan
r: ~ ~l Areas being amended
~ fASTLAKE
A PlANNED COMMUNITY FN EASTlAKE DEVELOPMENT CO.
Cintim
!:a~ PI~nl1il:~ ~ ~
"'fl.__
7/18/1..
r~-:,22:2
Exhibit 1
General
Development
Plan
I-R
Ii
I-R I :
FUJ
1....: ---'"''
~-- '..
- "-
""-"
RESIDENTIAL 01
MAX.
LANOUSE ACRES OO/AC INTO i
CQ Low 250.5 0-3 717
~ Low/Medium 377.6 3-6 1951
~""""" 221.0 6-11 1801 i PO
~"""""""'" 136.9 11-18 1844 i
~..... 11.0 18-27+ 250
&b-Total 997.0 6563
NON -RESIDENTIAL
L.AN:l USE ACRES PO
CD...... *
51.9
P......, "
~-_. 8.
c-o Ack1ftslratiYe
~ ~~aCnmg 138.
CD ""'" Spa"" 185.6
~ Plblc/Quasril\.t)lc 137.9
~ -Parks & Aec:reatic:fl 295.4
~ Major CAaJaOOn 216.0
Slb-Total 1029.5
~ Futlre lkban 12.6
Project Total 2099.1 ac 6563 dl.l
FU ~~-",....
L.........
Not..: (1Ol-InI"irnd''';Qrnltioool~_5dul.c. silefortulllfedens<ly,ncrusesub",c!
lo_licalionorr"vl.e<lGener.I~guKlelino$I"'...c.e<lll>(,!l.rgel_sily
~<S>
~
~<J
,\0 q)
"'CandjdaleCh",ellSile
~E4STLAKE
A PLANNED COMMUNITY BY EASTlAKE DEVELOPMENT CO
{,9 - .2 23
~~=
~
.
Project
Components
( neighborhoods)
,
Eastlake
Business
Center
c ""~'" "^""""',
I
~, .
""'.
1 ['~,~, , ~-
EASTLAKE ~~ , Jl
GREENS ~ ~ . .
}~~\.\ ~
~ '~)'
\ S
\~ ~.;-,...
~. l'
\ ,.:
\~ ~
\\J.
\ i
u
rr--===
\)
Eastlake IVt/~ Jl
L'::-.. .. ..;;J
.~\\ '2.~
f(;,:f... '(\\\J
see
r-, EASTLAKE II
L -.-i. (EastLake I Expansion)
Note: Refer to the General Development Plan for the current
alignment of Orange Avenue and boundary
~ ~ASTLAKE
Cinti
& AssxlaIes
S.n~CAfl19)2J9-1815
A PLANNED COMMUNITY IN THE CITY OF CHULA VISTA
1.Q~.5<~4
[!]~
Exhibit 2
Eastlake
Business
Center
Project
Components
( neighborhoods)
..
Orange
~ .
~..
)) ,_ m.
{'...SI:~
~.
~
),
~
)'
(
, J \
\ ~';~"-
\\~, .)
. ~ .
~ .
\~. \\
\ ,
\ i
u
~
~
'"
~
lii!itiiiil Proposed Amendment Area
::::::::::::: .
C ''"'"'''' ""'OOAA'
[.:J
EASTLAKE II
(EastLake I Expansion)
~ fASTLAKE
Cinti
&Asocoales
A PLANNED COMMUNITY IN THE CITY OF CHULA VISTA
lJZ.-;2:ZS
SanDiag::l,CA fH9)239-18'15
~7~
EXHIBIT 2a
EASTLAKE GREENS
SECTIONAL PLANNING AREA (SPA) PLAN
"Proposed Amendment Draft"
February 28, 1994
STRIKE-OUTIUNDERLINE VERSION 7/18/94
fRO~PSEQ J::t;~1'
DELETED TEXT
Prepared for:
EastLake Development Company
900 Lane Avenue, Suite 100
Chula Vista, California 92101
Prepared by:
Cinti Land Planning
3625 Midway Drive, Suite 292
San Diego, California 92110
I 5:2 - ;;;2k
Chapter One:
1.1
1.2
1.3
1.4
1.5
1.5.1
1.5.2
1.6
1.7
1.8
1.9
1.10
1 .11
Chapter Two:
2.1
2.2
2.3
2.4
Chapter
3.1
3.2
3.2.1
3.3
3.4
3.5
3.6
3.7
EASTLAKE GREENS SPA PLAN
Table of Contents
Introduction
Location of EastLake Greens Planning Area....
Relationship to EastLake I SPA...............
Planning Process.........................................................
Scope and Purpose of the Plan................
Relevant General Plan Provisions.............
Land Use Element.........................................................
Eastern Territories Area Plan................
Legal Significance...........................
Interpreting the SPA Plan....................
General Development Plan.....................
Public Facilities and Financing Plan and
Development Agreement......................
Environmental Impact Report..................
Implementation of the SPA Plan...............
SPA Plan
Community Structure..........................
Neighborhoods. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
EastLake Greens Neighbo~hood.................
Housing Programs.............................
Three: Circulation
Introduction. . . " . . . . . . . . . . . . . . . . . . . . . . . . . " .
Sub-Regional Network.............._..........
Route 125....................................
Community Network............................
Private Streets..............................
Phasing of Road Improvements.................
Transit Planning Principles..................
Bicycle Routes..........................:....
Chapter Four:
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
(3/1/89)
Parks, Recreation and Open Space
Introduction. ........................ ........
Open Space...................................
Trails. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Golf Course..................................
Communi ty Park...............................
Neighborhood Park Sites......................
Public Park Compliance.......................
Park and Open Space Implementation...........
/
1.Q~2.-<1
Paqe
I-1
I-3
I-5
I-5
I-6
I-6
I-8
I-9
I-9
I-10
I-13
I-14
I-14
II-1
II-1
II-2
II-4
III-1
III-1
III-1
III-2
III-2
III-2
III-2
III-4
IV-1
IV-1
IV-3
IV-3
IV-3
IV-6
IV-6
IV-6
Chapter Five:
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.7.1
5.7.2
5.8
5.9
Chapter Six:
6.1
6.2
6.3
6.4
6.4.1
6.4.2
6.4.3
6.4.4
6.5
6.6
6.6.1
6.6.2
6.7
6.8
6.9
6.10
6.11
6.12
6.13
Table of Contents (cont'd)
Public Facilities
Introduction. ........ .... .. .. .. .... .... .. .. .. .... .. .. .. .. .. .. .. .. .. .. .. .. ..
Roads.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Domestic Water Supply.......................
Reclaimed Water Supply......................
Waste Water Facilities......................
Storm Water Drainage........................
Schools - General...........................
Elementary Schools..........................
Secondary Schools...........................
Police and Fire Services....................
Library Service.............................
Community Design
Community Character.........................
Grading.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Building Scale and Variety..................
General Landscape Concept...................
Landscape Components........................
Landscape and Irrigation Standards..........
Landscape Maintenance.......................
Landscape Intensity Classifications.........
Exterior Fencing............................
Signage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Permanent Signs.............................
Temporary Signs.............................
Design, Orientation and Setbacks - Single
Family Detached Areas.....................
Design and Orientation - Single Family
Attached and Multi-Family Areas...........
Site Planning and Design Guidelines.........
Off-Street Parking..........................
Precise Plan Guidelines - Village Center
Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Scenic Highways.............................
Scenic Corridor Guidelines..................
Appendices
(in separate volume)
Meeting Notes
Transportation Analysis
Water Subarea Master Plan
Wastewater Subarea Master Plan
Preliminary Detention and Drainage Study
Utilities Service Analysis
Recreation Master Plan
School Districts - Mello-Roos Financing Plans
Phasing Plan
(3/1/,39)
..,-k
!fJc220
/'
Paqe
V-1
V-1
V-1
V-4
V-6
V-9
V-9
V-9
V-9
V-10
V-10
VI-1
VI-1
VI-3
VI-3
VI-3
VI-6
VI-6
VI-6
VI-8
VI-10
VI-10
VI-11
VI-11
VI-13
VI-14
VI-14
VI-15
VI-15
VI-16
List of Exhibits
Exhibit Number and Title
1.
2.
3.
4.
5.
6.
7.
8.
8b.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
Vicinity Map..........................................................................................
Project Components...............................................................................
Site Utilization Plan................................................................................
General Development Plan.....................................................................
Community Structure.............................................................................
Circulation Plan and Street Sections.......................................................
Parks and Open Space.................... ....... ........ ................... ..... ......... ........
Trails Plan..............................................................................................
Golf Course View PointlRest Stop and Markers.....................................
Country Club Concept............................................................................
Domestic Water Plan.... ...... ... ........ ........ ....................... ............. .... .... .....
Reclaimed Water Plan....... ..... ..... ........... .... ................ ........... .......... .......
Waste Water Plan...................................................................................
Storm Water Plan...................................................................................
Grading Plan..........................................................................................
General Landscape Plan.........................................................................
Landscape Intensity Classifications.........................................................
Fencing Plan...........................................................................................
Signage Plan..........................................................................................
List of Tables
Table Number and Title
1.
2.
3.
4.
5.
6.
2/28/94
Statistical Summary of Land Uses.... ........ ........ ...... ... ..................... ........
Parkland Dedication Standards...............................................................
Domestic Water Demand........................................................................
Fire Flow Standards...............................................................................
Reclaimed Water Demand......................................................................
Average Waste Water Flow....... ............... ....................... .......... ..... .... ....
~
(J2.-.22.1
Page
1-2
1-4
1-11
1-12
II-3
III-3
IV-2
IV-4
IV-4b
IV-5
V-2
V-5
V-7
V-8
VI-2
VI-4
VI-7
VI-9
VI-12
Page
II-4
IV-7
V-3
V-3
V-4
V-6
CHAPTER ONE - INTRODUCTION
The EastLake Greens Sectionar Planning Area (SPA) Plan and
accompanying Environmental Impact Report, Public Facilities and
Financing Plan and Development Agreement are required for the
orderly development of the subject property. The area encompas-
sed by the Plan is appropriately designated for development on
the City of Chula Vista General Plan and is intended to be
included in an expanded EastLake I Planned Community Zone.
Under this designation and zoning, the area will be planned for
development, subject to the provisions of this SPA Plan and sub-
sequent implementation actions by the City of Chula Vista and
other affected public agencies.
1.1 Location of EastLake Greens Planning Area
EastLake Greens is located in the eastern portion of the Chula
Vista City limits. The site is located on the south side of
Telegraph Canyon Road approximately 7.5 miles east of the Chula
Vista Civic Center. Exhibit 1 illustrates the location of
EastLake Greens and its proximity to the existing development
within EastLake I.
Nearby existing communities include College Area Estates and the
Otay Lakes Lodge Mobilehome Park. The remaining land to the
south and west is owned by The Baldwin Company.
The SPA includes the EastLake Greens neighborhood which is a
golf oriented residential neighborhood and the southern exten-
sion of the Activity Corridor which is the location for most
commercial and public facili ties wi thin the EastLake Community.
The Activity Corridor is the area west of EastLake Greens,
between EastLake Parkway and the alignment for SR-125. A high
school site, community park, commercial sites and other activity
centers are located there. Adjacent to Telegraph Canyon Road,
is the EastLake Village Center commercial area. The majority of
this center was approved in the EastLake I SPA and the southern
portion included in this SPA completes the plan for the major
retail and office commercial district within the EastLake
Community.
References herein to the EastLake Greens SPA or EastLake Greens
generally, are meant to include the EastLake Greens residential
neighborhood and the Activity Corridor. Specific provisions
appropriate for residential development or other uses located
wi thin residential areas are directed to the EastLake Greens
neighborhood only.
(3/1/89)
.J."..1"
i :L - 2. ;]:1'
1.2 Relationship to EastLake I SPA
EastLake Greens is the third residential neighborhood to be
developed within the Planned community of EastLake. It is located
south of Telegraph Canyon Road and the proposed SR-125 alignment is
its western edge. The first two residential neighborhoods, EastLake
Hills and Eastlake Shores, and the commercial and industrial
districts, EastLake Village Center and EastLake Business Center,
respectively, were approved in the EastLake I SPA. These areas, now
under construction, are also located north of Telegraph Canyon
Road. The EastLake I SPA Plan also included approximately 320 acres
south of Telegraph Canyon Road, a portion of EastLake Greens
planning area. Conceptual design studies were not completed for
this area however, and the EastLake I SPA called for the
preparation of a supplemental SPA Plan for the area south of
Telegraph canyon Road.
Later, as the planning progressed for the EastLake Greens SPA, it
was recognized that the acreage included within EastLake I was
inadequate for the project as envisioned. Additional acreage, south
of the property boundary at the proposed alignment of Orange
Avenue, was included in the EastLake Greens project site. Because
this additional acreage was not included in the EastLake I
annexation and zoning, the recent proposal to amend the General
Plan, annex and include the "expansion area" in the EastLake I
Planned Community District was initiated, (see Exhibit 2 Project
Components). The expansion area includes the site for the fourth
residential neighborhood, EastLake Trails, which is located
directly to the east of EastLake Greens and will be the subject of
a separate SPA Plan.
As proposed in the General Development Plan Amendment, the revised
General Development Plan (Ehl.';'L';' L 4) for the expanded EastLake I
area will serve as the interim General Plan for the property, until
the Comprehensive General Plan now underway is completed. This SPA
Plan has been prepared to be consistent with the scenario IV Land
Use Plan and proposed policies which are expected to form the basis
of the updated General Plan.
Bc<..u.\1we vf Ll~e J.":"[[l;.Ll;Ul wLc;lLu,5 or tIle t~v 1:."'.....1- L":"vl.S of tlu:::
pJ::opelt~, tl.is 3PA Plbh J.LU::;l;L~ Lwv lecl.Ll1ical :t:eql:li:telulWuLwe pi:t:st it
set: ves as tIle 3uppleluelital 3PA P161. [VoL. Ll.L~ 1:-'V.L L":"Oh or tLe ~iLc
bJ.J.eJ. tv tIle El\stLake I PC D":"i:JL.L":"ct. 'fl.Le Plald.LeJ COmmuuit::y ZOhe
lc'-luill;& !:-'J..I::!-"ulo.L":"ou duJ 6.:p~l.ot'al vf SPA Plab!; priol to Q}.J1:-'t:oval of
tehtative luaps.
PrC)posed.1994. SPA Plan Amendment
The.. proposed. amendment is an expansion of the EastLake.. Gr.eiens
<.c.'......:::,' ./F:':..... .. .:".:'::<:i.::.'..... ..:r::y.:::.):'('.::,:,"":Y:':,,/ ,':.;',:::.:"::,,,:,.,:.,'/: ',,' ...,.,>::.::.: "::::.,,:.:::...),,. >'. <: :,.:,,:,': :......:..',.,:,.. . "'.: .,., .... ..,., """. '. "":' '.......:. "" '::'.,".". ",<,::",:,,:..":" :",.. .,. :.,.,.>:.::.,."t'.:)::,:"''',., ...:./L":'.::";':':"";.\'":''''i::''' ''''''.':
neighborhood by 22.7 acres and an additional 97 units.. The maJor
po~tior1.ofthis expansion is due to.a realignment of Orange Avenue
dUJ;,ing ;.;ther~cent General. Plan actlons. rel<:iteto, t- QtaY;;,~q
""~Jllall~r1;$tta,n~.1<:lr li7'e.<:lc 1!3.. also; pr()p'os;~c'h,t8 orthe
it!1g~t8R,~.~~,~.!1!~!!.~.gm~!l1;;~,A jJIlJ;Il~e . act lono lS. 'ln1;;~!L.~. _...._JLD9'
(311/89) 7/18l?4
-f::1
!}r25'1
,proposed expansion ofthe'EastLake,G'r-!:lens''''$PA)'
y'transfers are proposed withiritheSPAf~lan;'
l.nements ,in the plan to reflect' both' actual' 'condi tians
pels, and ,projected pa:r;cel, densities:";:,'J;'he'\:"tot~1
, the SPA is increased by 97""(units:added"bynew
1.3 Planning Process
The original plan for Janal Ranch (EastLake) was submitted to the
City on October 30, 1980, as a General Plan Amendment. The proposal
consisted of a General Plan Amendment and an application for pre-
zoning to a Planned Community zoning designation for the entire
3,000+ acre property. The property was located entirely within the
unofficial "Sphere-of Influence" of the city of Chula Vista.
The original proposal called for a maximum of over 11,500
residential units covering seven residential density types, 209
acres of employment park, 31 acres of office, 29 acres of
commercial and associated open space, recreational and public
facilities. The property was intended to be developed over a 20-
year time period. This plan was withdrawn when it was recommended
for denial by the Planning commission.
On June 29, 1982, a reduced plan on 1,267.9 acres, containing a
maximum of 3,683 dwelling units, was submitted to the city for
annexation. The original design of the plan was maintained with
some modification in the arrangement of land uses and the location
of the high school and community park. The scaled down annexation
included a 145 acre employment park, 34 acres of office and
commercial, 290 acres of open space and 166 acres of public
facilities.
On July 15, 1984, the Chula vista city council approved the
requested General Plan Amendment and adopted Planned Community
Zoning for EastLake I (1,267.9 acres). The remainder of the parcel
was designated "Future Urban" and an EastLake Policy Plan was
adopted by the City council to establish future planning and
development guidelines (EastLake II).
As desGl::ibed ea:rlie:r, a pottioll v[ EQ~LLake Steell!; i;::, witlJill tIle
o:t:i9illl~1 EdstLake I dlea, wlJile 6 ~~~uir~.....al1t pOL LL.JU ~;::, ill tl.Le
EastLake II died. Friol to tIle Q~'plvvo.l vf tlJis 3FA PL!tlll tlu~.t
por:-:..L....u vf tILe: ~';"Lc; w~tlliu EastLake II will l.H~.VC; app:rop:t:ic!ltc: lahd
USe; ..le5igho.L~vui:) c:stablislled tl.ll:::ougb. a Sclll;lo.l PIau Aluel1J.luc;l1t (as
desGl::ibed aLove). It is ilJteh,JeJ LIH:lL tIn:; EastLakc: 8.Lc;c;lJ5 PC
Distri"t ~ill La eXp6.11JeJ to ih,-ldJc: all of EastLake 3.Lceh5 611..1
EastLaKc 'fLails, ahd J:J.LVy~J1;;; ~Ollilag regulatioll.
(3/1/89) 7/18194
---M-
12~.23CC
VICINITY MAP
Escondido
Rancho
Sante Fe
'\
Poway \
\
+
I
I
1+
I
I
Del Mar
(Civic Center)
+
San Di
~
~
. ~ ~E4STlAKE I
"Bonitar.. \.~~
+
H 1
O{<'T . \
,.,_ \\C
Chula Vista \ \
, ~E4STlAKE GREENS
+\
-I
XI
M
E
I
c
o
.4iI EASTLAKE
A PLANNED COMMUNITY BY EASTLAKE DEVELOPMENT CO.
1.2 - 2 ..3 '3
D
~rw
Exhihit 1
Cinti
& As3:XlaI€s
(619)239.1815
Project
Components
( neighborhoods)
r
~
~-,
Eastlake I ~~
~ Hills .'~' \
~ ./Eastlake ~L~ \
/' Shores f~~ I
,.A --.J J~w~
L~ ~
Eastlake ( Eastlake
Village I Greens
Center
Eastlake
Business
Center
f"'~
il ,..
u=d c~~. ~~'
-,l
~)Eastlake III
~ .
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/"
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r ] EASTLAKE II
L (EastLake I Expansion)
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Note: Refer to the General Development Plan for the current
alignment of Orange Avenue and boundary
~fASTLAKE
Cinti
& Assxiates
SBnOiego,CA 1119)239-1615
A PLANNED COMMUNITY IN THE CITY OF CHULA VISTA
/2 _.2 3~
[!]~
Exhibit 2
Eastlake
Business
Center
Project
Components
( neighborhoods)
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EASTLAKE II
(Eastlake I Expansion)
~ ~ASTLAKE
Cinti
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SanOilQ>.CA"Sl239-18l5
[!]7~
EXHIBIT 2a
A PLANNED COMMUNITY IN THE CITY OF CHULA VISTA
~r2pqfJ,f!,~.1,994, ,Amendment
;rn:;1:1993
amendme
't
prpper
EasltL'
'i:::.:....:..;/x:;il!J(:.:.':;..:.:.::f,
IS
l'J'"
(3/1/89) 211$&4
-f<4
I.Q r;23'
1.3 Planning Process
The original plan for the Janal Ranch (EastLake)
to the City of Chula Vista on October 30, 1980,
Plan Amendment. The proposal consisted of a General
Amendment and an application for pre-zoning to a Planne Com-
munity zoning designation for the entire 3,000+ acre pr perty.
The property was located entirely wi thin the uninc porated
area, but cons ide red to be wi thin the unofficial " phere-of-
Influence" of the City of Chula Vista.
The original proposal called for a maximum 0 over 11,500
residential units covering seven residential de ity types, 209
acres of employment park, 31 acres of office, 9 acres of com-
mercial and associated open space. recre ional and public
facili ties. The property was inten" 1\:\ ~o developed in three
sequential phases over a 20-year ' 0+ <! od, with an ultimate
population of approximately 30,or &~ ,0 s. This plan was. with-
drawn when it was recommenc" ~:.fj enial by the Planning
Commission. 0~
e:,qJ
On June 29, 1982, a reduce ~~ 1,267.9 acres, containing a
maximum of 3,683 dwellinr ~O was submitted to the City for
annexation. The originr ~0 .g of the plan was maintained with
some modification in t. Q a ement of land uses and the loca-
tion of the high s' ,~CtJ.1 communi ty park. The scaled down
annexation includp ~ 4 acre employment park, 34 acres of
office and commerr ~ .9 acres of open space and 166 acres of
public facilitie' ,<f
flf
On July 15, 1\.q;: e Chula Vista City Council approved the
requested G -<..0+ an Amendment and adopted Planned Community
Zoning for 1:., _L e I (1,267.9 acres). The remainder of the
parcel was desl.g ted "Future Urban" and an EastLake Policy Plan
was adopted by e City Council to establish future planning and
development g delines (EastLakeII).
As describ earlier, a portion of EastLake Greens is within the
original astLake I area, while a significant portion is in the
EastLak II area. Prior to the approval of this SPA Plan, that
porti of the site wi thin EastLake II will have appropriate
land designations established through a General Plan Amend-
men (as described above). It is intended that the EastLake I
P District will be expanded to include all of EastLake Greens
nd EastLake Trails, and provide zoning regulation.
1.4 Scope and Purpose of the Plan
The purpose of the EastLake Greens SPA (Sectional Planning Area)
Plan is to provide guidelines for future Slublic and private
development within EastLake Greens and the Activity Corridor.
(3/1/89)
.l..-5
1;2~.Q37
The SPA Plan includes a number of community obj ectives and
policies which are consistent with the Chula Vista General Plan,
as well as other City policies and ordinances governing new
development. To implement these objectives and POlicies, a
series of development guidelines and accompanying Planned
Community (PC) zoning regulations are set forth herein. In
addition, a Public Facilities and Financing Plan and Development
Agreement have been included to guide the developer and affected
public agencies such a the City of Chula Vista, Sweetwater Union
High School District, Chula Vista City School District and the
Otay Water District in carrying out required implementation
activities.
1.5 Relevant General Plan Provisions
The Land Use Element of the proposed General Plan Update in-
cludes a series of goals and objectives which are to be achieved
in the development of the overall planning area. A second set
of more specific goals and objectives is included in the Eastern
Territories Area Plan. The proposed project is very responsive
to these provisions of the proposed General Plan as indicated
below.
1.5.1.
Land Use Element
Objecti ve 8. Provide for communi ty and neighborhood Com-
mercial centers in developing areas convenient to new
neighborhoods and maintain, renovate and redevelop existing
centers.
The project
commercial
services in
residents of
includes an expansion of the EastLake Village Center
district established in EastLake I. Shops and
this area will meet the local commercial needs
EastLake and adjacent properties.
Objective 10. Encourage the development of a diversity of
housing types and prices.
The proposed project includes a wide range of housing opportuni-
ties ranging from stacked multi-family units to large single
family homes. A range of product sizes and amenities will per-
mit diversity in housing prices.
Objective 11. Assure that new development meets or exceeds
a standard of high quality planning and design.
The existing EastLake proj ect has established a very high
standard of planning and design which has been recognized
locally and at the national level. EastLake Greens will
continue this pattern of excellence.
Objective 12. Provide for
housing in appropriate areas
facilities and circulation.
the development
convenient to
of multi-family
public services,
(3/1/89)
,I-.=-6
I 9... - fJ.,3 '2
Multi-family products within EastLake Greens are generally
located in close proximity to major roads and the support
services found in the Activity Corridor, extending along
EastLake Parkway and SR-125. Thus, an increased level of public
services and facilities are readily available.
Objective 13. Encourage
coordinated mix of urban uses.
planned deve1 opmen ts. wi th
open spaces. and amenities.
a
The EastLake Planned Community is comprised of a series of
residential neighborhoods each with a recreational fOcus/major
amenity. EastLake Greens is the third residential neighborhood
to be developed. The proposed proj ect integrates an 18 hole
golf course recreational amenity into a diverse residential
neighborhood. Within the community as a whole, a balanced mix
of urban uses, open space, parks and recreational amenities are
provided.
Objective 14. For new developments in Eastern Territories.
the predominant character should be low medium density.
single-family housing. Where appropriate in terms of
physical setting encourage development of quality. large-lot
housing.
The proposed EastLake Greens proj ect includes a significant
amount of low to medium density single family housing. A
grea ter proportion of lower densi ties are proposed in the
adjacent EastLake Trails neighborhood. The increased density
within EastLake Greens is appropriate considering its location
adj acen t to the planned SR-125 freeway, between the EastLake
Village Center and planned Urban Center at SR-125/0range
Avenue. A reduced density is appropriate further to the east,
in the vicinity of EastLake Trails, where development interfaces
with the open areas of the Chula Vista Greenbelt. When consider-
ed together, the EastLake Greens and EastLake Trails neighbor-
hoods meet the statistical standards for density consistency
with the proposed Land Use Element.
Objective 24.
efficiency in
landscaping.
Promo te wa ter conser va t i on through increased
essential uses and use of low water demand
The EastLake Planned Community is being developed in accordance
with the provisions of a comprehensive Water Conservation Plan
which was prepared for the project. The Landscape Intensity
exhibit (Exhibit 16) for the EastLake Greens project delineates
the areas of "natural, naturalized and drought tolerant" plant-
ing throughout the project where irrigation requirements have
been reduced through the selection of appropriate plant
materials.
Objective 25.
water reclamation
and other uses.
Encourage. where safe
and use of reclaimed
and feasible. Waste-
water for irriga~ion
(3/1/89)
~
1:2_:23'(
--
-~
The EastLake Greens SPA Plan includes a reclaimed water irriga-
tion system for the golf course and other major community land-
scaping. This system has been oversized to provide capacity for
future development areas to the east where additional demand may
be created. The EastLake project has been a pioneer in the use
of reclaimed water for grading and other purposes.
Objective 27. Establish a growth management system to
assure that private development is coordinated with the
provision of adequate public facilities and services.
An essential element of the proposed proj ect is the Public
Facilities Financing Plan which sets forth the phasing and
financing requirements for the extension and/or expansion of
public facilities and services to serve the project. The
existing Public Facilities and Financing Plan has been
successfully used to regulate the rate of development in
EastLake I versus the provision of public improvements.
1.5.2
Eastern Territories Area Plan
The
Area
Plan
following objectives are stated in the Eastern
Plan which is the community plan component of
which focuses on the project site and vicinity.
Territories
the General
Objective 1. Direct new urban development in Eastern
Territories to broad mesa tops which are generally located
away from environmentally sensitive areas such as flood
plains. canyons. and steeply sloped areas.
Objective 2. Require thorough environmental reviews of all
proposed conversions of vacant or agricultural land to urban
uses.
No designated environmentally sensitive areas are located on the
project site. A comprehensive project EIR has been prepared in
conj unction with the current application. A previous EIR was
prepared for the EastLake Planned Community Master Plan (EIR
81-031. The analyses contained in these documents represents a
very thorough evaluation of the proposed project consistent with
this objective.
Objective 4. Create, for the planning area as
balanced communi ty of residential, commercial,
trial uses. To the extent that employment uses
difficul t to establish, provide for addi tional
of commercial and industrial land and encourage
vacant land for commercial and industrial uses.
a whole, a
and indus-
may be more
designations
retention of
The proposed proj ect is the second maj or development phase of
the EastLake Planned Community which will be a balanced com-
munity with residential, commercial, employment and recreational
uses in a high quality environment. The overall plan for
EastLake represents a smaller scale version of what is intended
(3/1/89)
I 0
1,2 - ~ 48
for the Eastern Territories as a whole. The EastLake Greens
project will complete the major commercial and support uses area
of the community and provide golf-oriented residential opportuni-
ties, a desirable life-style not currently available in the
City.
Objective 5. Assure that all new developments are provided
with acceptable levels of public services. Each development
should include local public facilities required to serve the
development and also contribute toward construction of city-
wide facilities needed by the development.
As noted in response to Objective 27 of the Land Use Element, a
Public Facilities Financing Plan (PFFP) is an integral component
of the proposed project. The PFFP addresses all of the infra-
structure and service requirements of the proposed project,
including both on- and off-site facilities. The project's
participation in the Development Impact Fees (DIF) program for
city-wide improvements is included in the PFFP. The project
will also be developed in a manner consistent with the
"Thresholds" adopted by the City to maintain the quality of life
for all residents. These service and facility criteria are
expected to be at the core of the forthcoming Growth Management
Element of the General plan Update.
Objective 6. Encourage orderly and compact patterns of
development. which will make maximum use of existing public
facilities and avoid "leap frog" development. In particu-
lar. encourage development phasing which will substantially
build out drainage and hydrologic basins with existing
public service facilities before developing new basins.
The proposed project is the next logical step in the development
of the EastLake Planned Community. In fact, the project site
includes a portion of the EastLake I site which was zoned for
development in 1982. The project site is contiguous to the
developed portion of EastLake I and all public services and
utilities are directly available.
1.6 Legal Significance
Adoption of the EastLake Greens SPA Plan and zoning regulations
by the City Council will establish the official development
policy of the City of Chula Vista for EastLake Greens. All
future discretionary permits will need to be consistent with the
EastLake Greens SPA Plan to be approved.
1.7 Interpreting the SPA plan
The Plan is intended to be dynamic rather than a fixed and
inflexible document. New communities require periodic adjust-
ment and updating to reflect changes that inevitably occur over
time. Many of the judgments and interpretations of this plan
(3/1/89)
.~
12 -2 4 (
will involve responsible city officials; however, in the event
of differences, the Chula Vista City Council shall be the final
appeals body. The Plan will be periodically reviewed and
modified when appropriate to meet changed conditions.
The SPA Plan provides guidance for future development at the
subdivision and improvement plan level, and is the basic
reference for determining permitted land uses, densities, total
unit, and required public facilities. These are illustrated in
the Site Utilization Plan, Exhibit 3, which is the key map for
this SPA Plan.
The SPA Plan is not a guarantee that a certain dwelling unit
yield will be achieved at the subdivision level. The maximum
density as specified for individual parcels shall not be
exceeded; however, actual dwelling unit yields for projects will
be determined by the City Council based on field conditions,
site plan and architectural review, and a number of external
factors that influence the design and density of individual
projects. Any transfer of units from one development parcel to
another shall be processed as an amendment to the Site
Utilization Plan.
Even though the SPA Plan contains specific guidance for develop-
ment, it is not intended to be used in a manner which predeter-
mines the development solution for each and every parcel. It is
intended to be used as a basic guide which reflects the City's
intent for determining the intensity, design and desired
character of use for the property.
Since the SPA Plan implements the Chula Vista General Plan, it
is not necessary to refer to both the General Plan and the SPA
Plan to determine what policies and standards are applicable to
a parcel of land. The SPA Plan will provide the guidance to
enable the City to make decisions on individual projects.
1.8 General Development Plan
With respect to detailed standards, the amended Planned
Community Zoning Regulations, which are adopted as an integral
companion to this SPA Plan, provide detailed development and use
standards that are applicable to each parcel of land. The
General Development Plan for the expanded EastLake I PC District
is included as Exhibit 4. The area identified as EastLake
Trails shall have a SPA Plan approved prior to development.
The proposed General Development Plan designates a wide range of
residential densities, residential support uses, commercial and
employment uses. Residential support uses are found wi thin the
Public/Quasi-Public (PQ) category. These uses include schools,
utility sites, and other community facilities. Several of the
PQ parcels have been identified as candidate church sites. The
project proposes a total of 10.8 gross acres :or church site use
(2.0 ac. within EastLake I Village Center and 8.8 ac. within
(5/30/89)
T '0-
/3._ !:2 45<
/
--...
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10
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LN
~E4STLAKE
GREENS
1.:./:1 Parcels being amended
A Pkrfled CaTm.nIy i1
the CIty 01 CIUa VIsta
Non-Residential
Porco! ~- -
-
.1 ~ enter 19.8
PQ-l IQuasi-PubIc 12.3
PQ-2 Public/Oualll-N>1ic 4.8
8-1 ~ School 49.2
8-2 e_ary School 10.0
P-l CommunI1yPorle 15.1
P-2 Ne~ Parle 3.0
P-3 Ne~ Parle 11.0
P-4 Neighbofhood Parle 4.5
P-5 ~Parle 3.0
OS-l QpOn Sp.c. 2.9
OS-2 Qi>8n Spac. 1.1
OS-3 Qi>8n l!P&c. 1.9
OS-4 QPen ~8C8 7.8
05-5* Qi>8n l!P&c. 8.3
08-8 Qi>8n l!P&c. 4.9
08-7 ()pon spec. 5.9
GOlf CoUr88 180.4
. . r Clrcuaation 87.1
-- 419.1 Be
Project Total 853.2 .c 3.4 2871<lJ
du/Be
. ~ DeIignItlon: ~ UIfKt to futln.. ArnIndmn
Iobe~wtthOUlVlltalGllnetalPWt
"AIO~ht~.dltllCNct'houIIngll~
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~intim
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General
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(PROPOSED)
I-A
RESIDENTIAL
I.ANJ USE AClOES DUlAC
~low 250.' 0-3
~LOwlMedi..m 378.0 3-6
~ ModLm 238.1 B-1'
L:'!!J -fig> 14'.' 11-18
~fig> 11.0 18-27+
__T.... 1018.7
NON -RESIDENTIAL
I.ANJ USE ACRES
co...... 51.9
~_. as
c-o AmnstrllWe
~ ~...J..""" ,,,.
~ """" Sooce 187.6
~ P\.dc'~ 137.9
[TI Parks & A8a'88tIon 295.4
~ Major Ci"Wation 214.7
__T.... 1030.2
~ Fun.e lkban 72.9
P\'uiICtTccat 2121.I.c 6660 du
. c..dIdl.18CPF 8i1e
I:: ~ :1 Areas being amended
fl)1___~_MljKt..._o.-.I~""n_t
10 '-.....-- ..."... CIIuIll V..la ~.I PIlon
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~inti~
~:~~ ~Iannil~~..... ~
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A PlANNED COMMUNITY Ir{ EASTLAKE DEVELOPMENT CO.
Exhibit 4
1:2:'- 52 l/S
General
Development
Plan
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RESIDENTIAL 01
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lAND USE ACRES DUlAC <NTS \
~Low 250.5 0-3 717
~ Low/Medium 377.6 P
3-< 1951
~ Modern 221.0 6-11 1801 j PO
~--- 136.9 11-18 164' i M
[DHIt> 11.0 16-27 ~ 250
&b-Total 997.0 6563 PO
!\ON - RESIDENTIAL
LAN) USE A.CRES PO
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51,9
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~~ 6.6
~ E':C~acttri1g 135.9
~ Open Space 185.6
~"""/~ 137.9
CO. Parks & Racreatb1 295.4
~ Major Ci"ClJation 216.0
__Tot> 1029.5
~ FutIXe lkban 72.6
Project Total 2099.1 ac 6563 du
NO'e (lOJ-lnle'""des'~I'''''O!4_5dU/ac,s,'elo'fu'''''''de~'''Y''''''ea.e'UCIeel
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A PlANNED COMMUNITY BY EASTLAKE DEVELOPMENT Co.
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EastLake Greens and EastLake Trails). This acreage could pro-
vide sites for 3 to 5 churches, depending on congregation size
and the inclusion of day care facilities. Should additional PQ
designated acreage be not utilized for other needed pUblic/quasi_
public facilities, it could be available for church uses.
In order to promote flexibility in residential densities, the
transfer of dwelling units from one residential category to
another within the EastLake Trails SPA may be approved as a part
of SPA Plan approval. Notwithstanding this provision, the clus-
tering criteria of the General Plan Update must be maintained
for the EastLake Greens and EastLake Trails combined.
Transfers in density shall be based on evidence that the propos-
ed transfer would substantially improve spatial or functional
relationships, or would materially increase the quality of land
use, circulation pattern or resource conservation. Should such
a transfer of density be approved, the applicable statistics and
the General Development Plan Map shall be revised as an adminis-
trative action without need for a formal plan amendment.
1.9 Public Facilities and Financing Plan and Development
Agreement
Two important companions to the SPA Plan are the Public
Facilities and Financing Plan and Development Agreement. The
Public Facilities and Financing Plan provides the description of
infrastructure needs such as sewer, water, road, storm drainage,
schools, parks, fire station, libraries and transit facilities,
plus a development phasing schedule, estimated costs of public
facilities and financing methods.
The Public Facilities and Financing Plan must be adopted by the
City Council prior to the recording of any subdivision map
within EastLake Greens to ensure that required public facilities
will be provided by the developer concurrent with need.
The implementing actions covered by the Public Facilities and
Financing Plan are:
Use of Public Financing Mechanisms where applicable
Construction of major streets and sewer, water and
drainage facilities
Internal subdivision improvements pursuant to the
Subdivision Map Act
Provision of schools, parks and other public facilities
Maintenance of certain facilities such as private
parks, open space areas and street medians.
In order to ensure that the responsibilities of the developer
and the City are clearly understood, a Development Agreement
will serve as a contract to essentially vest the EastLake Greens
SPA Plan and EastLake I Expansion PC Zoning in return for
assurance that the public facilities for EastLake Greens will be
provided.
(5(30(89)
--I=13
/-2-207
By including the Public Facilities and Financing Plan and
Development Agreement as integral parts of the project, the City
is assured that the development will be implemented efficiently
without burdening the general taxpayer.
1.10
Environmental Impact Report
The Master Environmental Impact Report prepared for the EastLake
General Plan Amendment in 1982 concluded that adverse
environmental impacts were insignificant or could be mitigated
with the exception of impacts in the areas of:
Agriculture
Air Quality
Growth Inducement
The City Council adopted CEQA findings (EIR 81-03) which
included a statement of overriding considerations as required by
the California Environmental Quality Act.
A Supplemental Environmental Impact Report has been prepared for
the EastLake Greens SPA Plan, General Plan Amendment, PC
District Amendment, and annexation and will be considered by the
City Council in accordance with applicable law.
1 .11
Implementation of the SPA Plan
In terms of tentative subdivision map and site plan application
processing, the EastLake Greens SPA Plan provides a way to
substantially reduce processing time. In essence, many issues
and problems have been resolved by the SPA Plan prior to
approval of specific development proposals. The proj ect review
time will be shortened because projects that conform to the SPA
Plan and require no additional environmental information will be
easier to review and process.
There are several major components involving local public
agencies that will implement the SPA Plan. The Public
Facilities and Financing Plan contains a Phasing Plan to guide
local officials in establishing programs and projects to
implement the SPA Plan.
The subdivision arrangement indicated on the SPA Plan exhibits
is conceptual. Modifications may occur as a part of the
tentative tract map process. Adjustments to the SPA Plan
Exhibits and text, to reflect modifications based on an approved
tentative tract map, may be accomplished as an administrative
manner.
(5/30/89)
.J-.1-.4-
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CHAPTER TWO - SPA PLAN
2.1 Communi ty Structure
In order to fully understand the EastLake Greens plan, it must be
remembered that the project is part of a larger planned community
encompassing approximately 3,219 acres. The first phase,
EastLake I, consists of approximately forty percent of the total
acreage. This second phase, EastLake Greens SPA, will add
approximately 432 acres to the area approved for development.
The established EastLake I SPA Plan and the overall structure of
the future community has influenced the design and planning of
EastLake Greens. It is important to keep an 'overview of the
basic concept of the EastLake Community in mind throughout the
planning process.
The EastLake Planned Community is intended to be a large-scale
multi-use planned development having a unique sub-community
identity as an integral component within the City of Chula
Vista. The community is planned to provide a significant number
of employment and commercial opportunities to encourage people to
live, work, shop and play within the community. In order to
achieve this goal, the plan provides an employment park, village
center commercial sites, a broad range of housing types for
people of all ages and incomes, a substantial amount of open
space and recreational f ac i Ii ties, a complete transportation
system, and a variety of civic and public facilities.
Communi ty level open space with employment, commercial and
institutional uses are integrated to form an "activity spine"
within the plan. The function of the activity spine is to group
community level facilities and services along a major
transportation corridor in close proximity to residential
neighborhoods. EastLake Parkway is the spine which traverses the
entire EastLake I planning area and extends into EastLake
Greens. Along this spine are a combination of public and private
facilities including the employment park, village center
commercial uses, community park, high school, civic uses and
other facilities. The Activity Corridor incorporates substantial
open space and visual amenity areas to provide a pleasant visual
environment for residents, workers and visitors within the
community.
2.2 Neighborhoods
The land plan approved for EastLake I represents integrated land
planning and transportation concepts. The major transportation
corridor (SR-125) serves as a key transportation corridor for the
entire project. All high activity uses (i.e., commercial, office,
civic, and employment park) are located along the SR-125
corridor. The SastLake Village enter is located at the principal
(3/1/89)
n 1
Ic2- 24 f
intersection (SR-125 and Telegraph Canyon Road) of the community
with linkages to the EastLake Hills and EastLake Shores residen-
tial neighborhoods and the EastLake Business Center. The plan
for EastLake Greens extends these concepts south of Telegraph
Canyon Road. Additional EastLake Village Center acreage is pro-
vided, together with school and park uses along the extension of
EastLake Parkway. The golf oriented residential products will
complement the housing types provided in the residential neighbor-
hoods of EastLake I.
2.3 EastLake Greens Neighborhood
The structure of the EastLake Greens neighborhood is illustrated
in ExhibitS (the EastLake Trails neighborhood is also included
to establish context). The Activity Corridor is evident along the
western border, while the Salt Creek open space corridor is
located at the eastern edge. The "Community Trail" provides a
landscape/open space connection through both neighborhoods, con-
necting the eastern and western edges. It is extended from the
north where it serves as a connection between the neighborhoods
of EastLake I. The structure of the EastLake Greens neighborhood
places single family uses at the core, surrounded by a looping
golf course. Clustered housing and nodes of high density pro-
ducts are distributed around the perimeter of the neighborhood.
The low density and golf course/open space core establishes the
desired "country club" character for the neighborhood while the
perimeter development provides a wider range of housing types and
prices than would typically be associated with such an environ-
ment. Two high density parcels are located near the club house
to provide luxury housing for those who wish to focus their
social and recreational activities at the country club.
At the edges of development, single family homes are placed at
the southern boundary adj acent to Otay Ranch, while cluster
housing is located adjacent to Telegraph Canyon Road. Estate
homes are proposed at the development edge adjoining open space
along Salt Creek to provided an appropriate interface.
The EastLake Greens neighborhood is bounded by Telegraph Canyon
Road on the north, EastLake Parkway on the west, Hunte Parkway on
the east, and Orange Avenue on the south. Access is taken from
both EastLake Parkway and Hunte Parkway, wi th two entrances off
of EastLake Parkway and three off of Hunte Parkway. The neigh-
borhood is proposed to include a variety of housing products,
ranging from conventional single fami ;,,::;"'. homes to stacked
"apartment-type" u"l),its. A maximum of ;ew~~~ dwe~~ing units is
proposed for the ~8SJ. acre s~te (average dens~ty 443i!!J du/ac). An
18 hole golf course winds through the residential areas, provid-
ing a major visual and recreational amenity. A clubhouse facil-
ity and driving range are also proposed. In addition, three
neighborhood park parcels are shown along the interior residen-
tial collectors to provide additional recreational opportunities.
(3/l/89) ~n~
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Community
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A PLANNED COMMUNITY BY EAST LAKE DEVELOPMENT co.
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Exhibit 5
IfJ-2S-1
The plan also includes an elementary school site and adjacent park
within the residential neighborhood, and a high school and
community park site within the Activity Corridor. The land use
statistics are summarized in Table 1 following.
TABLE 1
EastLake Greens SPA
statistical summary of Land Uses
Land Use
Acres
Residential
Village Center
PUblic/Quasi-Public
Schools
Parks
Golf Course
Open Space
Major Circulation
4 1 Z . 4/t'j':.flil!flJ
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19.6
17.1
59.2
36.6
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Future Urban Area
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TOTAL SITE
2.4 Affordable Housing policy
The Chula vista Housing Element contains the following policy which
is applicable to EastLake Greens:
The city of Chula vista expects every developer to address the
problem of housing low and moderate income families and
individuals. Where projects exceed fifty dwelling units, the
municipality expects the involved developers to explore
methods a minimum of ten percent of said units to low or
moderate income housing. This program calls for the
developer's exploration and investigation of Federal and State
subsidy programs and other economically feasible means of
reducing the cost of housing.
The City of Chula Vista shall officially encourage residential
builders to provide a variety of housing types, and "balanced
communities".
4-22-94 ~'1;;;14':"94"
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CHAPTER THREE - CIRCULATION
3.1 Introduction
The circulation component of the EastLake Greens SPA Plan is
based on a comprehensive sub-regional traffic study which
determined the appropriate size and phasing of circulation
improvements.
3.2 Sub-Regional Network
Primary access to the proj ect will be provided by Telegraph
Canyon Road and Eas tLake Parkway or Hunte Parkway. Regional
access is provided by I-80S, located west of the site. The
future construction of SR 125 will provide additional north-south
access for future traffic volumes.
Currently, Telegraph Canyon Road and EastLake Parkway exist,
having been constructed in conj unction wi th EastLake I.
Telegraph Canyon Road (Otay Lakes Road) extends further to the
east, past the Otay Lakes, as a two lane road. The initial
construction of Hunte Parkway and Orange Avenue, wi thin the
project site, will be phased with development of this SPA.
The traffic generated by the proposed development within the SPA
has been calculated using standard traffic generation rates.
These volumes have been distributed and added to projected future
volumes due to other development. The proposed circulation
system has been engineered to accommodate these total future
volumes.
3.2.1
Route 125
In order to provide traffic capacity for the complete buildout of
EastLake, a maj or street wi thin the future corridor of State
Route 125 will need to be completed. This street may initially
be built as a two to four lane divided road from the EastLake
boundary to State Route 54, and later widened to four to eight
lanes as a freeway.
An effort has been initiated to have CALTRANS undertake a
specific route location study for SR 125 from SR 54 to the Second
Border Crossing. Ultimately, it is anticipated that SR 125 may
be constructed to freeway standards if growth in the area so
warrants. Accordingly, any initial construction of a major
street within the Chula Vista planning area should be built to
State Standards for a freeway with respect to horizontal curve
radii, grades and rights-of-way. At grade intersections 'fiith
Telegraph Canyon Road, East "R" Street, EastLake Parkway and
Orange Avenue will be built initially; at some future time, grade
(3/1/89)
-III"l
I /Q ~.:z S3
separations will be necessary when the road is upgraded to a
freeway. Intersections within EastLake Greens will be designed
to accommodate future grade separations. Sufficient space has
been reserved wi thin the SR-125 Right-of-way to accommodate a
"cloverleaf" intersection at Telegraph Canyon Road.
Initial right-of-way reserve for future SR-125 within EastLake
Greens is shown in the Street Sections, also on Exhibit 6, and
can accommodate a possible future freeway.
3.3 Community Network
The proposed circulation facilities for the EastLake Greens SPA
are depicted in Exhibit 6. Sections, showing the number of lanes
and geometries of each street category, are also provided in the
Exhibit.
3.4 Private street
Some parcels within the residential neighborhood of EastLake
Greens (e.g., Parcel R-2) may be developed as private communities
with gate guarded access to limit entrance to residents and their
guests only. In such a case, the streets within the parcel will
be private. However, they are to be built to meet public street
standards for paved section and other engineering criteria.
3.5 Phasing of Road Improvements
Phasing of community development with provision of adequate road
capacity and access improvements are fully described in the
Public Facilities and Financing Plan. These improvements have
been phased and designed to maintain an adequate level of service
throughout the circulation system serving EastLake Greens.
3.6 Transit Planning Principles
The following principles should be followed in determining the
location of transit stops along planned transit routes in the
community and in designing the pedestrian system:
1. Where there are numerous major pedestrian generators,
access to stops for transit vehicles moving in both
directions would be facilitated by locating transit
stops near striped intersections.
2. Transit stops should be located and walkways designed to
provide access as directly as possible without impacting
residential privacy.
3. At intersection points of two or more transit routes,
stops should be located to minimize 'dalking distance
between transfer stops.
( 3/1 /89 ) ~2
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GREENS
NOTE: Refer to the Site Utilization Plan for the current
alignment of Orange Avenue and SPA boundary.
A PIomed COOYTlUIlity in
!he City of Chub VlSto
Exhibit 6
4.
Transit vehicle conflicts with automobile traffic can be
mitigated by locating bus turnouts at the far side of
intersections in order to permit right-turning vehicles
to continue movement.
5.
Transi t stops should be provided with adequate walkway
lighting and designed shelters.
6.
Walkway ramps should be provided at transit stops to
ensure accessibility to the handicapped.
3.7
Bicycl.e Routes
A number of bikeways are planned for internal circulation within
EastLake. The internal bicycle system will connect into exiting
and planned regional bikeways on Telegraph Canyon Road. The
proposed bikeway system is shown in Exhibit 8, and further
described below:
Class I Bikeway (Bike Path):
The bike path is a completely separated path apart from
the existing street system designed to accommodate one _
or two-way traffic.
Class II Bikeway (Bike Lane):
A bike lane is an on-street facility designated by a
6-inch solid white strips to the right hand side of the
road. Bike lanes are designed for one-way travel in the
direction of traffic flow and are typically established
on both sides of the street except through
intersections.
All bikeways for EastLake should be designed and constructed in
accordance with CALTRANS' "Planning and Design Criteria for
Bikeways in California" to comply with State standards.
(3/1/89)
lIT 4
I 52 ~ .Q 5~
CHAPTER FOUR - PARKS, RECREATION AND OPEN SPACE
4.1 Introduction
The EastLake Greens SPA Plan provides a well-balanced and inte-
grated system of parks and recreational opportunities. The golf
course and related facilities will be privately owned. Three of
the neighborhood parks are proposed to be privately owned and
maintained by a Master Community Association. The community
park, to be located adjacent to the high school, will be dedicat-
ed to the City and maintained by the City. The park adjacent to
the elementary school site will be similarly dedicated and
maintained by the City. A total of 191.2 acres of recreation
oriented land is provided, not including school playfields. In
addition, 26.6 acres of open space, primarily in slope areas and
utility easements, are designated.
4.2 Open Space
While generally accepted standards have been established for the
provision of acreage and the function of a hierarchy of parks,
open space is more difficult to quantify. Usually the need,
amount and location of open space is determined by the natural
environmental conditions of the land and facility related needs
such as retention basins, future road rights-of-way, and buffer
space between unrelated land uses, etc. Steep slopes and sloping
lands with unstable geologic conditions are obvious natural can-
didates for open space, as are noise buffer areas along major
traffic ways.
Open space areas within EastLake Greens are designated for buffer
areas along SR-125, Telegraph Canyon Road and Orange Avenue. The
water line/electrical transmission line easement crossing the
southwest portion of the site is also placed in the open space
land use category (see Exhibit 7).
Open space lands indicated as preserved on the EastLake Greens
Site Utilization Plan will be preserved through the dedication of
open space easements and/or lots to the City or other appropriate
agency, or to a Master Community Association. Uses will be
strictly controlled through zoning regulations (see Open Space
Districts in the EastLake I PC District).
(3/1/39)
.--IY=-1
!;2~I2-57
. ACRES
Con-nulity Parll. 15.1
----
M
\ 4r Neighbortlood Parks
M 21.5
V\ III
'<' Goif eo.r,. 160.4
~ Open Space 30.8
TOTAL 227.6
\1
Parks/
Open Space
000
Con-rnxNty Trail (Thematic Corridor)
OOD
Pedestrian Walks
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.4 fEASTLAKE
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A Planned Corrmunify In
the Cify or Chuta Voslo
Exhibit 7
4.3 Trails
The trails system proposed for the EastLake Greens SPA is depic-
ted in Exhibit 8, Trails Plan. The Community Trail provides a
connection between all the major focal points within the EastLake
Community including the residential neighborhoods in EastLake I,
EastLake Greens, EastLake Village Center, the high school and
community park, and Country Club. It extends north into EastLake
I and is poised to extend east into the next development area.
Pedestrian walks along vehicle circulation routes provide an
alternative circulation mode within the EastLake Greens neighbor-
hood.
The trails system depicted in Exhibit 8 provides the link between
residential areas and major activity centers such as parks,
schools, shopping areas and work places through a network of
pleasant and safe off-street pathways. On-street bike paths are
also shown in the Exhibit.
4.4 Golf Course
An 18-hole golf course and clubhouse are planned as the major
ameni ties and Neighborhood Center for EastLake Greens. The
course winds throughout the residential neighborhood providing
visual an open space amenities to many residential parcels and to
those who travel through the neighborhood.
The use of reclaimed water provided by the Otay Municipal Water
District for irrigation of the golf course landscaping will
permi t heavy landscaping while also conserving water resources
for domestic uses. The use of reclaimed water will be subject to
the regulations of the Regional Water Quality Control Board and
Health Department.
A conceptual plan for the Country Club facility is presented in
Exhibi t 9. The golf course and country club are proposed to be
privately owned and maintained.
4.5 Community Park
The Community Park was included in the EastLake I SPA Plan at a
proposed size of 14.9 acres. It is now shown as a 15.1 acre site
(Parcel P-1). The park is intended to serve the local community
and provide recreational services for eastern Chula Vista resi-
dents. The community park has been located adjacent to the high
school wi thin the EastLake Greens neighborhood to provide the
opportunity for joint maintenance by the City and the Sweetwater
Union High School District due to combined use of park and high
school facilities.
(3/1/89)
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A Planned Community in
the City of Chula Vista
Exhibit 8
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The community park is intended to provide facilities to accommo_
date organized group field sports, picnicking and other active
recreational activities. The location of the park adjacent to
the high school will permit joint off-street parking as well as
field areas for high school physical education programs. -
4.6 Neighborhood Park Sites
Four Neighborhood Parks are shown wi thin the EastLake Greens
res iden tial neighborhood (Parcels P-2 through P-S). Three are'
located along the residential collector streets while one is
located adjacent to the elementary school site in the Activity
Corridor, adjacent to EastLake Parkway. The three internal parks
are proposed for private ownership and use, while that in the
Activity Corridor will be publicly owned and maintained. The
private parks are intended to provide additional recreational
opportunities for residents, independent of the golf course and
country club facilities.
4.7 Public Park Compliance
New development is required to provide public parkland, improved
to City standards, and dedicated to the City, based on establish-
ed standards. The dedication requirements are specified in
Section 17.10.040 of the Chula Vista Municipal Code. The
dedication requirement for EastLake Greens is shown in Table 2.
The table indicates that the project will provide park land in
excess of that required. In addition to the provision of park
land, the ordinance specifies a standard level of improvement to
be provided. Improvements provided by the developer which exceed
this standard will be credited to the project. Excess land or
improvements provided may be credited as land, improvement cost,
or any combination thereof, using the provisions of the ordinance
to determine equivalence.
4.8 Park and Open Space Implementation
All of the open space, private and public parks will be control-
led through select open space easements and/or dedication to the
Ci ty. t4aintenance of the public community park will be provided
by the City. Access controls and maintenance of the golf course
and club house facilities will be the responsibility of the opera-
tor and independ~nt of the homeowner's association. Maintenance
of private parks and open space areas will be provided by proper-
tv owners through homeowner associations or similar mechanisms.
O~en Space and/or Landscape maintenance Districts may be estab-
lished to ensure proper management and operation of public right-
of-way improvements.
(3/1/89)
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TABLE 2
EastLake Greens
Parkland Dedication standards
DWELLING TYPE
PARKLAND/DU
DU/PARK ACRE
single Family
Attached/PUD
Duplexes
Multiple-family
423 sf/du
366 sf/du
325 sf/du
288 sf/du
103 du/ac
119 du/ac
134 du/ac
151 du/ac
Based upon the parkland dedication standards, the following
requirements will apply to EastLake Greens SPA:
No. of DU
Type of unit
Park Area/DU
Total Park Acres
1:ZTT'f9'54~
if;:Y!"'!Y:"':':<D':'-
~,Ji807
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Single Family
Attached/PUD:t~
Duplex
MalLi faluill'
423 sf/du
366 sf/du
325 sf/du
288 sf/du
T;-7-4-
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FDc cO'1dos, may 'vary from the aboye arid:"i'ill,bg::,de,te!'Jlliri"'d::,~t;:;Ct;ilil
ndjpr'"tentatiire, map processing "stag",.,
Parcel
Park Tyee
Acres
% Crediti
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Acres
P-1
P-2
P-3
P-4
P-5
Community Park
Neighborhood Park
Neighborhood Park
Neighborhood Park
Neighborhood Park
Golf Course/Public
Trails -4--;-e1;1
Solf COI:l~se 137.4
CreJit hOlu EastLake I
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TOTAL CREDIT
l?J;:oj ectedExcess ParkCr,edi,t
:*Acl:;ua1 patk'CreiHt:: wil1 'be based on units deve1oped~,anct l:ne'FJ,rial:'Park'::J?1ans::'t,q
J:>",:j'PPrpy,ed:,l;iy,:~he Director of ,Parks & Recreation.
4-22-94 [2-:;+.[:1:2.4)
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Private open space areas and slopes within "common interest" resi-
dential projects will be designated common areas and maintained
by homeowners' associations. For detached residential proj ects,
major open space slopes will be a single lot or lots, with open
space easements protecting the slopes from development.
(3/1/89)
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NOTE: Refer to the Site Utilization Plan for the current
alignment of Orange Avenue and SPA boundary.
A Planned Community In
the City of Chula VISta
Exhibit 10
CHAPTER FIVE - PUBLIC FACILITIES
5.1 Introduction
The comprehensive plan for public facilities is a distinguishing
feature of the EastLake Greens SPA Plan. This portion of the
plan outlines the necessary public facilities to enable the com-'
muni ty to function properly. The companion Public Facilities
and Financing Plan for EastLake Greens describes the "backbone"
facilities in more detail and assigns the responsibility for
financing all required facilities.
Facility needs and locational requirements have been identified
and capacities have been determined based upon projected land
uses and their distribution.
5.2 Roads
A comprehensive plan of
vehicular access into and
Chapter Three. The Public
their phasing and financing.
streets and highways to provide
wi thin EastLake is described in
Facili ties Financing Plan details
5.3 Domestic Water Supply
Eas tLake is located wi thin the boundaries of the Otay Water
District (OWD), which is responsible for providing local water
service. Otay is a member of the County Water Authority and the
Metropolitan Water District of Southern California.
The ultimate average annual domestic water demand for EastLake
Greens SPA is estimated to be 1.99 mgd, as calculated in Table
3. The golf course will be irrigated with reclaimed water and
is not expected to contribute to the domestic water demand un-
less sufficient reclaimed water is not available. The Domestic
Water Plan, Exhibit 10, depicts the water service system
proposed for EastLake Greens.
The EastLake Greens SPA will be served from the 980 I elevation
reservoir and pump station constructed as a part of EastLake I.
Minimum pressures of 40 psi during peak hour flow and 20 psi
during fire flow conditions will be maintained in the on-site
domestic water distribution system within the project. Design
fire flows used in sizing the water system are shown on Table 4.
(3/1/89)
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TABLE 3
EastLake Greens SPA
Domestic Water Demand
~Qg
UNITS
DEMAND FACTOR DEMAND (mqd)
180 gal/capita 1.75
2799 gal/ac .10
3 feet/year .08
2.5 feet/year .06
1. 99 mgd
Residential 9,744 persons
Village Center/ 36.7 ac
Public & Quasi-Public
Parks (net 28.0 ac
irrigated)
Schools (net 26.0 ac.
irrigated)
TABLE 4
EastLake Greens SPA
Fire Flow Standards
LAND USE
FIRE FLOW (qpm)
Residential
Low Density
High Density
Village Center
High School
1500
3500
5000
4000
The basic objective in planning water facilities for EastLake.
Greens is to maximize the flexibility and efficient use of
existing and planned improvements with respect to proj ect needs
and costs.
Major supply facilities for EastLake Greens include all
distribution mains of 12 inches or larger, and all transmission
mains, booster pumping stations and water storage facilities. A
detailed analysis of the total water supply requirements and
planned improvements is contained in the EastLake Greens Water
System Subarea Master Plan prepared by NBS/Lowry.
(3/1/89)
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5.4 Reclaimed Water Supply
Reclaimed water is available for irrigation purposes from Otay
Water District 's Jamacha Wastewater Reclamation Plant. These
facilities are currently providing reclaimed water to the SDG&E
Miguel Substation for irrigation purposes.
A 20-inch reclaimed water supply line was constructed in
conjunction with the EastLake Employment Center on Lane Road
from the northerly EastLake boundary to Telegraph Canyon road.'
This pipeline will be extended north to the reuse area and tied
into the existing OWD storage ponds. This reclaimed water
pipeline can then supply the demands shown in Table 5 in
EastLake Greens and other portions of the community.
TABLE 5
EastLake Greens SPA
EastLake Reclaimed Water Demands
FLOW
EASTLAKE GREENS ACRES COEFFICIENT DEMAND (AFY)
OS-6 & 7 10.8 2.0 feet/yr. 22
Golf Course Turf 130.0 3.5 feet/yr. 455
Golf Course Slopes 30.6 2.5 feet/yr. 77
TOTAL GREENS 554 ac-ft/yr
Other EastLake Areas
Employment Park
9.0
3.0 feet/yr.
27
TOTAL OTHER
27 ac-ft/yr
The proposed reclaimed water distribution sys.tem to serve these
uses is shown on Exhibit 11. It should be noted that the system
is sized to accommodate future reclaimed water uses in
development areas to the east of EastLake Greens. There are
also some additional irrigation demands such as the school sites
that could potentially be served with reclaimed water instead of
domestic, but these have been included in the domestic system.
(3/1/89)
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NOTE: Refer to the Site Utilization Plan for the current
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A Planned Community in
the City of Chula Vista
Exhihit 11
5.5 Waste Water Facilities
EastLake Greens SPA is divided into three separate drainage
basins. These drainage basins are (1) Telegraph Canyon; (2).
Sal t Creek; and (3) Poggi Canyon. Telegraph Canyon is the
largest basin within the Greens. The majority of EastLake
Greens will sewer to the existing City of Chula Vista 15-inch
trunk sewer in Telegraph Canyon Road.
Only one parcel, R-9, drains naturally to Poggi Canyon down
Orange Avenue. This parcel will be pumped on an interim basis to
the Salt Creek basin.
One alternative under consideration for the area tributary to
Salt Creek, the southeastern portion of EastLake Greens, is to
pump it back into the Telegraph Canyon basin and make improve-
ments downstream to accommodate the additional flows. Another
alternative would be construction of an on-site water re-clama-
tion plant, appropriately configured to minimize growth inducing
impacts, in Salt Creek southeast of the SPA. A third alterna-
ti ve would be to sewer it down a new trunk sewer to the Otay
River Valley and then westerly in the Otay River Valley to the
City's existing collection system.
The ultimate average wastewater flow for EastLake Greens SPA is
.912 mgd as shown on Table 6.
TABLE 6
EastLake Greens SPA
Average Wastewater Flow
LAND USE
UNITS FLOW COEFFICIENT
9,744 persons 80 gal/capita
19.6 acres 2500 gal/acre
17.1 acres 1500 gal/acre
2,400 students 20 gal/student
600 students 15 gal/student
FLOW (mqd)
.780
.049
.026
.048
.009
.912 mgd
Residential
Village Center
Public/QP
High School
Elementary Sch.
TOTAL
The planned wastewater collection system for EastLake Greens SPA
is shown on Exhibit 12. The interim pump station at Hunte
Parkway and Telegraph Canyon Road will allow the development of
the first phase of EastLake Greens and defer the need for the
off-site sewer down Salt Creek and Otay River Valley or the
on-site water reclamation plant until the later phases of
EastLake Greens development.
The interim pump station to serve parcel R-9 -...ill be abandoned
when an off-site trunk sewer is extended up Orange Avenue.
(5/30/89 )
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Waste Water System
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FASTLAKE
GREENS
A Planned Canmunity in
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5.6 Storm Water Drainage
The storm drain system proposed for the EastLake Greens SPA is
illustrated in Exhibit 13. On-site runoff is collected in the
depicted system, detained in several locations, and discharged
to undeveloped off-site areas to the east, south, and west.
5.7 Schools - General
One objective of the EastLake Greens SPA Plan is to provide the
schools necessary to serve community needs in a manner which
relates directly to the planned neighborhood structure of the
project. The location of schools is intended to contribute to
the sense of community, provide reduced maintenance costs with
combined school/park complexes, and provide flexibility to
respond to changing student populations as the community
matures.
The EastLake Greens SPA is located within the Sweetwater Union
High School District and the Chula Vista City School District.
The Board of Trustees of the Sweetwater Union School District
and the Board of Education of the Chula Vista City School
District have each formed Community Pacili ties (Mello-Roos)
Districts for the purpose of financing school facilities within
EastLake Greens through the use of special taxes and the
issuance of bonds.
5.7.1
Elementary Schools
One elementary school site has been provided in the EastLake
Hills neighborhood, north of East "H" Street in EastLake I. A
second site is to be provided in the EastLake Greens neighbor-
hood.
The EastLake Greens SPA provides a 10.0 acre site, Parcel S-2,
along EastLake Parkway, but accessed from the internal loop
collector. This school is currently scheduled for construction
when enrollment in the first EastLake elementary school reaches
approximately 900 students. The site will be reserved for
acquisition by the school district, as provided in the Public
Facilities Financing Plan.
5.7.2
Secondary Schools
The Sweetwater Union School District provides secondary educa-
tion for the area. Existing schools in the area include Bonita
Vista High School and Junior High School, both located near the
intersection of East "H" Street and Otay Lakes Road.
(3/1/89)
~
1;:;:2 ~21 S
Available capacity in the secondary school system is projected
to be filled soon. A site for a new high school to serve
students from EastLake and other projects in the vicinity has
been reserved within the EastLake Greens SPA. The 49.2 acre
site, Parcel S-1, is located along EastLake Parkway, adjacent to
the Community Park.
Construction of this facility is also subj ect to the provisions
of the Public Facilities Financing Plan.
5.8 Police and Fire Service
Both police and fire services are provided by the City of Chula
Vista, EastLake Greens SPA is east of police patrol beat 32,
which is currently served by one patrol car 24 hours a day.
Al though no new police facilities will be necessitated by the
project, an expansion of personnel and equipment will be neces-
sary to service project residents.
5.9 Library Service
The City operates a central library, which is located at 4th and
"F" Streets in central Chula Vista, to serve the entire com-
muni ty. Growth in eastern Chula Vista raises questions as to
how library service is to be provided within the Eastern
Territories and in what locations. Smaller branch libraries or
a large facility to serve the area east of I-80S merit considera-
tion.
A Library Service Master Plan has recently been completed which
suggests a branch library in the eastern area of the City should
be considered. Rancho del Rey SPA I, a recently approved pro-
ject approximately one mile to the west of EastLake, reserves a
si te for a City library along East "H" Street. In addition, the
EastLake Village Center Master Tentative Map reserves a 1 acre
site for a library within EastLake I.
(3/1/89)
.---v---t 0
102~21.(
CHAPTER SIX - COMMUNITY DESIGN
6.1 Community Character
All aspects of the development shall be subj ect to full design
review including architecture, site planning, landscaping, sign-
ing, grading and land use and zoning review. These guidelines
are intended as a guide for the development of the site as con-
trasted to absolute standards.
6.2 Grading
The' Grading Plan is intended to provide a preliminary grading
concept, identification of slope banks and maintenance provi-
sions.
1 .
General: The preliminary grading design
cated on the Grading Concept, Exhibit 14.
design should reflect the following:
is as indi-
Final detail
a.
Standards, General: Grading
Greens shall be subj ect to
Excavation, Grading and Fills
Code.
within
Chapter
of the
EastLake
15.04 -
Municipal
b. Grading Design: It is the intent of this SPA that
graded areas will be contoured to blend with
natural landform characteristics. Rounding both
vertical and horizontal intersections of graded
lanes, obscuring slope drainage structures with a
variety of plant material massing, incorporating
the use of variable slope ratios for larger slope
banks, use of landscape planting for erosion con-
trol and to obscure man-made banks, and other
similar techniques should be used. Artificially
appearing slope banks with rigid angular charac-
teristics should be avoided.
2. Slope Banks:
a.
Cut and Fill Slope Construction: Slope banks in
excess of five feet in height should be construc-
ted at a gradient of 2 to 1 (horizontal to verti-
cal) or flatter unless otherwise approved by the
City Engineer.
b.
Erosion Mitigation: According to actual field
condi tions encountered, erosion potential on
slopes should be reduced with berms at the tops of
all slopes; paved interceptor ditches and terrace
drains; and vegetation. Vegetation should consist
(3/1/89)
_ITI 1
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NOTE: Refer to the Site Utilization Plan for the current
alignment of Orange Avenue and SPA boundarv.
Grading Plan
A Planned Community in
the City ot Chula Vista
Exhibit 14
of drought-to1erant native or naturalized species,
requiring little or minimal irrigation, deep
rooted and well sui ted to the particular soil.
Spray on applications and coatings, jute or hemp
mesh are effective in stabi1izing soils. Final
plans should be based on the coordinated input of
a licensed landscape architect.
c. Maintenance: The application of any grading
permi t should provide assurance acceptable to the
City Engineer. that landscaped slope banks will
ha ve adequate maintenance to ensure continued
viability of landscaping. Generally, except for
private lots, slope banks which exceed ten feet in
heigh t should be maintained by a homeowners' or
property owners' association.
6.3 Building Scale and Vari.ety
Buildings within the development should have a variety of sizes,
shapes, colors and materials used to promote interest in the
built environment. A portion of the Village Center (within
EastLake I) may be stacked residential units to give the center
of the community a distinguishing focal point. Parcels designat-
ed R-MH and R-H on the General Development Plan will also con-
tain stacked residential units.
6.4 General Landscape Concept
The purpose of the General Landscape Concept is to provide a
comprehensive framework for individual site landscape plans. It
will assure that all individual projects will conform to an over-
all landscape scheme which will result in a totally planned land-
scaped community.
The General Landscape Plan, Exhibit
design framework which allows latitude
individual project while maintaining the
tives of the community.
15, provides a general
and flexibility to each
overall goals and objec-
6.4.1
Landscape Components
The intent of the landscape concept is to reinforce the design
pattern established by the Land Use Plan. This pattern consists
of a residential district and an Activity Corridor/Village
Center District enhanced by a series of paths, edges and land-
:narks. Dominant trees have been selected to create distinct
identities and visual continuity.
a. District Concept - Each district or neighborhood shall
have a dominant tree.
( 3 / 1 / 8 9 ) VI ;J
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/A4 EASTLAKE
GREENS
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COI'mlUnity Entry
Neighborhood Entry
Major
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Golt COl"5C
A Planned Corrmunity in
the City 01 Chula Vista
Exhibit 15
6.4.2
Landscape and Irrigation Standards
Landscape and irrigation installation shall conform to the City
of Chula Vista Landscape Manual. Standard details will be
followed to assure uniformity and a high quality of materials-
and workmanship. Materials and equipment shall be standardized
for ease of maintenance and storage. Reclaimed water should be
considered wherever safe and feasible.
6.4.3
Landscape Maintenance
Maintenance responsibili ties are intended to be assigned as
follows:
a. Individual Private Property Owner Maintenance
The individual property owner will be responsible for
maintaining landscaping within privately owned areas.
b. Homeowner Association Maintenance
The maj ori ty of landscape maintenance responsibility
will be with the Homeowner Associations. These associa-
tions will maintain all landscape areas not maintained
by the private property owner or a public agency.
These areas include all common areas such as private
recreation areas, including the private golf course,
common open space, street and entry landscaping. Land-
scaping in street medians and exterior slopes shall be
maintained by a Landscape Maintenance District.
Specific maintenance responsibilities will be determined with
tract map approval.
6.4.4
Landscape Intensity Classification
Landscape areas have been classified based on their intensity of
maintenance and water requirements (see Exhibit 16). These
classifications are generally described as follows:
a. Native Areas - These are existing vegetated areas undis-
turbed by construction operations. Natural rainfall
only is required for irrigation. Periodic clean-up and
grubbing of seasonal growth may be required.
b. Naturalized Areas - These are newly planted areas pro-
vided wi th temporary irrigation systems. Once plants
become established, they shall be capable of surviving
with no artificial irrigation.
c. Drought Tolerant Areas - These are newly planted areas
provided with permanent irrigation systems. Water
demand will be low, requiring substantially less irriga-
tion than ornamental areas.
(3/1/89) VI 6
/~- 2. 'is!
d.
Ornamental Areas - These are areas and corridors with a
high degree of visual impact. Plant materials will
require regular maintenance and watering.
e.
Manicured Areas These are ornamental areas that
require "special" attention due to their Significance.
6.5
Exterior Fencing
Placement of community fencing is illustrated in Exhibit 17.
The need for and location of all fencing shall be established
through Site Plan Review for those projects required to complete
such review (indicated by "*" on the exhibit). The community
fencing locations designated in Exhibit 17 will be evaluated in
that review. If it is determined that a fence is to be provided
at the indicated locations, it shall conform to the community
design standard. If no fence is required, none need be
constructed.
Exterior fences should be provide along maj or roadways based
upon the following guidelines:
1. Walls should be made of a textured surface material
that is compatible with the design of the neighborhood
area.
2. The monotony of a long wall should be broken. by visual
relief through periodically recessing the wall or con-
structing pilasters.
3. Landscaping, such as trees, shrubs or vines, should be
used to soften the appearance of the wall.
4.
Walls which serve as
should be up to six
finished grade.
a subdivision exterior boundary
feet in height from the highest
5. Walls used as rear or side yard walls should be con-
structed up to six feet in height depending upon the
conditions that exist.
6. Combined solid fencing, walls and open fencing may be
used to create interest. Masonry walls are required
only where necessary for noise attenuation.
7. Fencing design should avoid long continuous runs.
Jogging the fence line to avoid monotony is encouraged.
8. Earth berms to substitute and supplement the fencing
should be used whenever practical.
9. Sound wall fenCing, where required, should be used to
mitigate adverse noise impacts on residential units.
(3/1/89)
YI IT
/~-.2~L
b. Paths - The hierarchy of paths is as follows:
The thematic corridor provides the common thread
to link the various community elements together.
The thematic corridor will have its own dominant
tree.
Major thoroughfares (e.g., SR-125 and Telegraph
Canyon Road). A separate dominant tree will be
used in the median.
Major internal streets within a district. The
dominant tree for the district will apply.
Supplemental trees may be introduced to provide con-
tras t and a transition into surrounding areas. This
landscape approach will provide strong visual direc-
tions and connections throughout the site, while provid-
ing the necessary contract to create an interesting
experience as one travels through the community.
c. Edqes - Edges will be strongly defined by landscaping.
This will create the appropriate delineation of one
district or area to another.
d. Entries - These are common points of entry and signifi-
cant intersections. The hierarchy of entries is as
follows:
Community Entry
Neighborhood Entry
A tree which differs from the adjacent path and
district trees will be to provide a distinct accent
statement and sense of arrival at entries.
e. Landmarks - Each landmark, whether major or minor, will
have a distinct landscape character (similar to the
district concept). As an example, all parks may have a
common theme tree, so that parks are easily recognized
and highlighted throughout the community.
The entire EastLake Community shall be designed to include a
well-balanced landscape palette. Plant material intensity
classifications will vary from highly manicured areas to
naturalized and native areas. These classifications are
mapped in Exhibit 16, Landscape Intensity Classifications.
(3/1/89)
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NOTE: Refer to the Site Utilization Plan for the current
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Fencing Plan
............~.~vv.~
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...............
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.. fASTLAKE
GREENS
A Planned Community in
the City 01 Chula Vista
Exhibit 17
10. Landscape planting should be used to supplement and
soften fencing and obscuring long lengths of fence with
vines and shrubs is encouraged.
6.6 Signage
The purpose of a planned sign program is to provide a continuity
of design which will contribute to an integrated, well-planned,
high quality environment. . All signs with the EastLake Greens
SPA will be designed and constructed in accordance with the
standards of the comprehensive sign program which has been pre-
pared for the EastLake Planned Community. Communi ty and neigh-
borhood entry sign locations are identified in Exhibit 18.
6.6.1
Permanent Signs
Permanent signs include:
a. Community Entry signs
Entry signs should be a large scale, monument type
sign, creating a major statement. Materials used
should be compatible with landscape and hardscape
elements. Entry sign could be illuminated.
b. Neighborhood Entry signs
Neighborhood
materials and
treatment.
entry sign
styling to
should relate its use of
the neighborhood thematic
c. Identification Signs for parks, libraries, schools,
etc.
Sign should be low key, monument type sign, with single
or double face. Materials will be consistent with the
thematic treatment for the major neighborhood or
district in which it exists.
d. Street Name Signs
A sign to identify street names and inform the viewer,
through symbolic graphics, that it is a street within
EastLake. The EastLake theme logo, colors, and letter-
style will be used.
e. Community Trail Signs
A sign to identify and direct traffic, vehicular and
pedestrian, to special community trails such as
bicycling and jogging. Form should be small scale,
freestanding, consistent with community signs.
(3/1/89)
"I 10
!~_22(;
6.6.2 Temporary Signs
Temporary signs will be used to identifY and direct traffic to specific neighborhoods and products
during construction and sales periods. These signs will be subject to permit approval for specific
periods of time.
Temporary signs include:
a. Neighborhood/Product Directional Signs
A sign to direct vehicular traffic to specific neighborhoods and/or products in the context
of the merchandising program. Constructed of painted plywood panels on wood support
posts.
b. Product Identification Signs
A sign to identifY a specific residential product, sales complex or informational center.
c. Secondary Directional Signs
A small sign to direct the viewer to specific areas within a product such as parking, sales
office and models. Consisting of painted plywood panel(s) on wood support posts.
Installed with bottom of sign not more than 12 inches above finished grade.
d. Future Facility Sign
A sign which informs the viewer, through symbol and verbal reinforcement, of the various
future building sites in EastLake indicating opening dates, building names and phone
numbers. They consist of painted plywood sign panels supported on wood posts.
6.7 Design, Orientation and Setbacks - Single Family Detached Areas
Single family detached housing includes a range of housing types from custom or semi-custom golf
course frontage homes on 7,000 square foot lots to "wide and shallow" lots for cottage homes in off
golf course locations.
Tract subdivision construction in single family detached areas should be based upon the following
criteria:
1. A minimum of three housing plans should be provided, each with a minimum of three
facade treatments, which vary entry, window type and treatment of exterior materials and
colors.
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colors.
.. 2, G!lner~lIy, ~llea~t. o,t!e J:!Rusil1g plan should be two-story and one plan one-story
st<r :Wifh biie:~fo c/elenienisand chaiaCtt;,
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3. Roof style, material and height should be varied.
Single family detached residential lots and setbacks should encourage variety in the design, orientation
and placement of homes, whenever practical.
4. Front yard building setbacks should be varied to avoid a monotonous pattern of houses.
5. Front yard building setbacks should be varied to create greater solar access, provide
more useful private open space in side yards, and avoid monotonous pattern of homes.
6. The appropriateness of lots backing to other than major arterial will be reviewed with
individual tract maps or site plans. When deemed appropriate, lots backing up to collector
streets should be set back from the street right-of-way to permit adequate landscaped
buffers along the street frontages.
lL=1A____._...-"'-<:l~._...._...__j!:lL.g__........... y._............_.......l.!J..JJt.___"'~.....!I.J.!I._....~..__:t
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e amil Lots'under 5000 suaie'feetshalLWsub"ecno,'theCit'ofChuJa
...... or:,S1l!aILtot&i!lgJ~ Family Detached H~usirig;
(3/1/89)J'1=14=.~~)
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2. Generally, at least one housing plan should be
two-story and one plan one-story.
3. Roof style, material and height should be'varied.
Single-family detached residential lots and setbacks should
encourage variety in the design, orientation and placement of
homes, wherever practical.
4. Front yard building setbacks should be varied to avoid
a monotonous patterp of houses.
5. Side yard setbacks should be varied to create greater
solar access, provide more useful private open space in
side yards, and avoid monotonous pattern of houses.
6. The appropriateness of lots backing to other than major
arterials will be reviewed with individual tract maps
or site plans. When deemed appropriate, lots backing
up to collector streets should be set back from the
street right-of-way to permit adequate landscaped buf-
fers along the street frontage.
6.8 Design and Orientation - Single Family Attached and
Multiple Fami1.y
Various types
attached areas
greater variety
of multiple family units and Single-family
are planned for EastLake Greens to' provide a
in design and life-style preference.
The following unit types are anticipated within EastLake Greens:
Zero-Lot Line Homes: One or two story detached or
attached homes where either a single structure is built
on a single side lot line or two structures share a
single wall astride a side lot line, thus increasing
the usable side yard area.
Patio Homes: Attached and detached homes clustered in
a courtyard fashion, often in zero-lot line ownership
and individually oriented toward an outdoor patio area.
Town Houses: One and two story attached units in build-
ings with 4 to 8 or more units that are the traditional
"Southern California Condominium". These may have
individual fee ownership lots or condominium ownership.
Flats: The traditional apartment-type building where
an individual unit is typically situated on a single
level and may have others above or below.
Buildino orientation in multiple family housing should consider
indoor -and outdoor ::)rivacy, solar access and overall aesthetic
appearance.
(3/1/89)
VI ~::
/2-2q()
1. BUildings should be oriented in such a way as to create
courtyards and open space areas, thus increasing the
aesthetic appeal of the area.
2. Building design should incorporate variety in the type
of materials, colors, units, heights and facades.
3. Textured materials such as stucco, rough sawn wood and
split faced block are encouraged.
4. Buildings with roof overhangs are encouraged to give a
traditional residential appearance.
5. Building facades should include relief to avoid a
monotonous line.
6. Uncovered stairwells should be precluded from general
streetscape view through the use of wing walls, land-
scaping or other means.
7.
Private spaces such as patios or balconies are encourag-
ed for each unit.
8.
Solid walls or fences, not less than 5 feet in height,
should be provided along property lines adjoining
access or parking areas, except where adjacent to
another multiple family housing area.
6.9
Site Planning and Design Guidelines
A comprehensive set of design guidelines and site planning
criteria have been prepared. They are provided in a separate
text entitled "EastLake Greens SPA - Design Guidelines" and
should be consulted during the review of individual projects
within the EastLake Greens neighborhood. Project standards for
minimum lot size, setbacks, street frontage, etc. are
established in the PC District Regulations.
6.10
Precise Plan Guidelines - Village Center Areas
A precise plan should be prepared for each Village Center area
prior to any building construction. The plan for the area at
Telegraph Canyon Road and EastLake Parkway should directly
relate to the Village Center included in the EastLake I SPA.
1.
Village Center( s) should have an
theme for the establishment of the
commercial activity area.
integrated design
community's primary
2. Individual site planning should consider the planning
of adjoining parcels to ensure visual and functional
compatibility.
(3/1/89)
c111 ri 4
/2--Jcrr
6.11
2.
6.12
3. Site planning submittals for development review should
include the location of landscaping, parking areas
access, signage and structures on adjoining parcels. '
4. The site plan should illustrate compatibility with the
planning of adjoining parcels in the areas of bUilding
configuration, building design, landscaping material,
parking configuration and access.
5. The site planning of signs should consider visibility,
location and integration with the overall design theme
of the Village Center.
6.
The proportion, size and shapes of commercial struc-
tures should be compatible with adjacent bUildings.
7.
The use of projection and architectural details should
enhance the facade of commercial structures by provid-
ing relief and variety.
8.
Roofs and roof lines should complement the building pro-
portion and also be compatible with adjacent struc-
tures.
Lighting
1 .
Street Lighting:
Ci ty standards
Engineer.
All street lighting shall conform to
and shall be approved by the City
Theme and Commercial Lighting: Lighting for business
enterprises,- recreation facilities, signs, -walkways
shall be reviewed and approved by the City on a case-
by-case basis as an element of Site Plan Review. The
Site Plan shall include the design and type of lighting
proposed and the time of use. Any lighting for recrea-
tion facilities, signs or business enterprises which
will illuminate a residential area past the hour of
10: 00 p.m., shall be clearly identified on said site
plan for specific consideration. Any such lighting
which illuminates a residential area that has not been
approved by the City on a Site Plan or other permit
shall not be permitted.
Scenic Highways
The City of Chula Vista General Plan designates Telegraph Canyon
Road and Orange -'\venue as scenic highways. Telegraph Canyon
Road extends approximately 4.5 miles from Interstate 805 east to
EastLake Greens. Orange Avenue has not been extended to the
vicinity of EastLake Greens.
(3/1/89)
~ T....'! 1 S
Ic2 - 52 Cj L
6.12.1 Scenic Corridor Guidelines
Telegraph Canyon Road, Orange Avenue, Hunte Parkway and future State Route 125 should be
treated as scenic highways.
Where feasible, the City should maintain a landscaped corridor adjacent to the ultimate right-of-way
line along all scenic highways associated with EastLake Greens. The corridor should be landscaped
and maintained to enhance the scenic roadway area and placed within an open space easement or
made part of the road right -of-way, consistent with the provisions of the Scenic Highways section
of the General Plan Land Use Element Update. Such a corridor is depicted conceptually on the Site
Utilization Plan, Exhibit 3.
Any new residential development backing upon a scenic roadway shall have decorative solid walls
and/or landscaped earthen berms, or otherwise landscaped to implement the scenic highways policies
of the General Plan. The silhouette of structures as viewed from the scenic roads is important. To
avoid a walled-in effect, the use of single-story structures is encouraged. Where two-story structures
are within 100 feet of the curb, additional tree planting or second story elevation enhancement should
be provided.
A scenic corridor is also depicted internal to the project at the western end of parcel R-28 to maintain
entry views to the club house. Improvements, such as a recreation area, which maintain visual access
are permitted in this area, along with appropriate landscaping.
(3/1/89)
1..2~.2'13
EASTLAKE II (EastLake I Expansion)
PLANNED COMMUNITY DISTRICT REGULA nONS
City of Chula Vista, California
Proposed Draft Amendment 2/28/94
Approved by City Council as Ordinance No. 2522
June 30, 1992
Prepared for:
EastLake Development Company
900 Lane Avenue, Suite 100
Chula Vista, California 91913
Prepared by:
Cinti Land Planning
3625 Midway Drive,Suite 292
San Diego, California 92110
I,:} ~ .2 '1<-(
TABLE OF CONTENTS
SECTION
SECTION
SECTION
(3/1/89)
I
1.0
1.1
1.2
1.3
1.4
1.5
1.6
1.7
II
II.D
11.1
11.2
11.3
II.4
II.S
II.6
II. 7
III
III.D
III. 1
III. 2
III.3
INTRODUCTION
GENERAL PROVISIONS
Purpose and Scope................................................................
Private Agreements................................................
Repeal of Conflicting Ordinances.................
Establishment of Land Use Districts..............
Clarification of Ambiguity.......................
Effects of Regulations...........................
Enforcement......................................................................... ..
Def ini tions.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
RESIDENTIAL DISTRICTS
~
iv
I-I
I-I
I-I
I-I
1-2
1-3
1-3
1-4
Purpose.......................................... 11-1
Land Use District Grouping....................... 11-1
Permitted Uses................................... II-I
Property Development Standards: Residential
Districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. II-3
Performance Standards: Residential Districts.... 11-5
Accessory Structures: Residential Districts...... 11-7
Walls and Fences: Residential Districts......... 11-8
Signs: Residential Districts.................... 11-8
VILLAGE CENTER DISTRICTS
Purpose......................................... III-l
Permitted Uses.................................. III-l
Property Development Standards: Village Center
Districts....................................... III-S
Performance Standards: Village Center Districts 111-6
--H-
l2- 2'15
SECTION
SECTION
SECTION
SECTION
(3/1/89)
IV
IV.a
IV.l
IV.2
IV.3
V
Table of Contents lcontinued\
~
BUSINESS CENTER DISTRICTS
Purpose.......................................... IV-I
Permitted and Conditional Uses: Business Center
Districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. IV-I
Property Development Standards: Business Center
Districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. IV-6
Performance Standards: Business Center Districts IV-7
V. a Purpose.. . .. .. . .. .. . .. . .. . .. .. . . .. . .. . . .. . .. .. . . V-I
SPECIAL PURPOSE DISTRICTS
V.I Permitted and Conditional Uses: Open Space
Districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V-I
V.2 Permitted and Conditional Uses: Quasi-Public and
Future Urban Districts........................... V-2
V.3 Property Development Standards: Special Purpose
Districts........................................ V-2
V.4
VI
VI. a
VI.l
VI. 2
VI. 3
VI. 4
VII
VII. a
VII. 1
VII. 2
VII.3
Signs: Special Purpose Districts................
V-2
SPECIAL USES AND CONDITIONS
Temporary Uses................................... VI-I
Home Occupations................................. VI-3
Recreational Courts.............................. VI-4
Kennels - Commercial and Non-Commercial.......... VI-S
Arcades. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. VI-S
COMPREHENSIVE SIGN REGULATIONS
Purpose.......................................... VII-I
Permit Requirement and Review....................VII-2
Sign Regulations................................. VII-8
Design standards................................VII-II
j..H
I.Q_Q'"{C
SECTION
SECTION
(3/1/89)
VIII
VIII.O
VIII. 1
VIII. 2
VIII. 3
VII I. 4
IX
IX.O
IX.l
IX.2
IX.3
IX.4
A.
B.
Table of Contents tcontinued\
OFF-STREET PARKING
~
Purpose......................................... VIII-I
General Provisions..............................VIII-l
Schedule of Off-Street Parking Requirements.....VIII-2
Property Development Standards: Off-Street
Parking......................................... VIII-6
Performance Standards: Off-Street Parking......VIII-9
ADMINISTRATION
Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Standard Procedures.............................
Administrative Review...........................
Site Plan and Architectural Approval............
Other Provisions................................
EXHIBITS
LAND USE DISTRICTS
GENERAL DEVELOPMENT PLAN
J>r
1.2-:2.'17
IX-I
IX-I
IX-I
IX-I
IX-2
INTRODUCTION
These Planned Community (PC) District Regulations are adopted pursuant to
Title 19, Zoning, of the Chula Vista Municipal Code and are intended to
implement and integrate the Chula Vista General Plan, the General Development
Plan, and the Sectional Planning Area Plans (SPAs) for EastLake I, EastLake
Greens and EastLake Trails. These regulations set forth the development and
use standards for all property within EastLake I Planned Community District by
establishing:
setbacks;
building heights;
parking requirements;
landscape requirements;
use restrictions;
animal regulations;
density of development;
lot size, width and depth;
fencing requirements; and,
signing regulations.
The PC District Regulations, along with the various SPA Plans, delineate
precisely the allowable use of the property.
The PC District Regulations are organized into four basic land use districts:
Residential;
Village Center;
Business Center; and
Special Purpose.
Each of these four basic districts is further broken down into specific land use
districts:
Residential Land Use Districts
RE-3
RS-5
RS-7
RP-B
RP-13
RC-10
RC-15
RC-22
RM-25
RM-44
Residential Estate - 3 District
Residential Single Family - 5 District
Residential Single Family - 7 District
Residential Planned Concept - B District
Residential Planned Concept - 13 District
Residential Condominium - 10 District
Residential Condominium - 15 District
Residential Condominium - 22 District
Residential Multi-Family - 25 District
Residential Multi-Family - 44 District
Villaae Center Land Use Districts
VC-l
VC-2
VC-3
Village Center commercial District
Village Center Office District
Village Center Support District
Business Center Land Use District
BC-l
Business Center Manufacturing Park District
(3/1/89)
..JI-
12-.2i'if
Soecial Puroose Land Use Districts
05-1
OS-2
OS-3
OS-4
05-5
05-6
05-7
Open Space - 1 District
Open Space - 2 District
Open Space - 3 District
Open Space - 4 District
Open Space - 5 District
Open space - 6 District
Open Space - 7 District
PQ-1
Quasi-Public Facilities District
F-1
Future Urban District
(3/1/89)
----vi'
1:<- ..2(1
SECTION I: GENERAL PROVISIONS
1.0 Purpose and Scope
For the purpose of promoting and protecting the public health,
safety and welfare of the people of the City of Chula Vista, to
safeguard and enhance the appearance and quality of development of
EastLake I, and to provide the social, physical and economic
advantages resulting from comprehensive and orderly planned use of
land resources, these Planned Community District Regulations
defining land use districts and regulations within those districts
are hereby established and adopted by the city Council.
1.1 Private Agreements
The provisions of this ordinance are not intended to abrogate any
easements, covenants, or other existing agreements which are more
restrictive than the provisions of this ordinance.
1.2 Repeal of Conflicting ordinances
Whenever the provisions of this ordinance impose more restrictive
regulations upon construction or use of buildings or structures, or
the use of lands or premises than are imposed or required by other
ordinances previously adopted, the provisions of this ordinance or
rules or regulations promulgated hereunder shall govern.
1.3 Establishment of Land Use Districts
A. Division of EastLake I into Land Use Districts
In order to classify, regulate, restrict and separate the use
of land, buildings and structures, and to regulate and limit
the type, height and bulk of buildings and structures in the
various districts, and to regulate the areas of yards and
other open area abutting and between buildings and structures,
and to regulate the density of population, EastLake I is
hereby divided into the following Land Use Districts:
Residential Land Use Districts
RE-3
RS-5
RS-7
RP-8
RP-13
RC-10
RC-15
RC-22
RM-25
RM-44
(3/4/92)
Residential Estate - 3 District
Residential Single Family - 5 District
Residential Single Family - 7 District
Residential Planned Development - 8 District
Residential Planned Development - 13 District
Residential Condominium - 10 District
Residential Condominium - 15 District
Residential Condominium - 22 District
Residential Multi-Family - 25 District
Residential MUlti-Family - 44 District
~ !.2~ Ec~
Village Center Land Use Districts
VC-l
VC-2
VC-3
Village Center West District
Village Center East District
Village Center South District
Business Center Land Use Districts
BC-l
BC-2
Business Center Manufacturing Park District
Business Center Manufacturing Service District
Special Purpose Land Use Districts
OS-l
OS-2
OS-3
OS-4
OS-5
OS-6
OS-7
PQ-l
F-l
Open Space - 1 District
Open Space - 2 District
Open Space - 3 District
Open Space - 4 District
Open Space - 5 District
Open Space - 6 District
Open Space - 7 District
Quasi-Public Facilities District
Future Urban District
B. Adoption of Land Use Districts - Mans
Said several Land Use Districts and boundaries of said
Districts and each of them hereby are established and adopted
as shown, delineated and designated on the EastLake I Land Use
Districts Map of the City of Chula Vista, San Diego County,
which map, together with all notations, references, data,
district boundaries and other information thereon, is made a
part hereof and adopted concurrently herewith.
C. Filina
The original of the EastLake I Official Land Use District Map
shall be kept on file with the City Clerk and shall constitute
the original record. A copy of said Map shall also be filed
with the Planning Department.
D. Chanaes to the Land Use District Map
Changes to the boundaries of the land use districts shall be
made by ordinance and shall be reflected on the EastLake I
Official Land Use District Map. Minor changes resulting from
the approval of a tract map may be made to the land use
district map as an administrative matter.
I.4 Clarification of Ambiguity
If ambiguity arises concerning the appropriate classification of a
particular use within the meaning and intent of this ordinance, or
if ambiguity exists with respect to matters of height, yard
requirements, area requirements or land use district boundaries as
set forth herein, it shall be the duty of the Planning Director to
ascertain all pertinent facts and forward said findings
(06/03/92)
-~
1.2~2al
and recommendations to the Planning Commission, or on appeal, to the City
Council and if approved by the Commission or, on appeal, by the City
Council. Thereafter, the estab 1 i shed interpretation shall govern.
Should any provision of these regulations conflict with those of the
Municipal Code, the requirements herein shall apply.
1.5 Effects of Regulations
The provisions of this ordinance governing the use of land, buildings, and
structures, the size of yards abutting buildings and structures, the height
and bulk of buildings, the density of population, the number of dwelling
units per acre, standards of performance and other provisions hereby are
declared to be in effect upon all land included with the boundaries of each
and every land use district established by this ordinance.
1.6 Enforcement
A. Enforcement ~ City Officials
The City Council, the City Attorney, the City Manager, the Director of
Public Safety, the Building Official, the Planning Director, the City
Cl erk and all offi ci a 1 s charged with issuance of 1 i censes or permi ts,
shall enforce the provisions of this ordinance. Any permit, certificate
or license issued in conflict with the provisions of this ordinance shall
be void.
B. Actions Deemed a Nuisance
Any building or structure erected hereafter, or any use of property con-
trary to the provisions of a duly approved Design Review, Site Plan,
Variance, Conditional Use Permit or Administrative Permit and/or this
ordinance shall be and the same hereby is declared to be unlawful and a
public nuisance per se and subject to abatement in accordance with local
ordinance.
C. Remedies
All remedies concerning this ordinance shall be cumulative and not exclu-
sive. The convi ct i on and puni shmentof any person hereunder shall not
re li eve such persons from the res pons i bil i ty of correcting prohi bi ted
conditions or removing prohibited buildings, structures, signs or improve-
ments, and shall not prevent the enforced correction or removal thereof.
D. Penalties
Any person, partnershi p, organi zat ion, fi rm or corporati on, whether as
pri nci pa 1, agent, employee or otherwi se, vi 0 1 at i ng any provi s i on of thi s
ordinance or violating or failing to comply with any order or regulation
made hereunder, shall be guil ty of an infraction and, upon convi ct ion
thereof, shall be punishable as provided by local ordinance.
(3/1/89)
--k!'
/.2~3o'Z-
1.7 Definitions
For the purpose of this Ordinance. certain words. phrases and terms used
herein shall have the meaning assigned to them by Title 19 of the City of
Chula Vista Municipal Code.
When not inconsistent with the context. words used in the present tense
i nc 1 ude the future; words in the s i ngu 1 ar number i nc 1 ude the p 1 ura 1; and
those in the plural number include the singular. The word "shall" is
mandatory; the word "may" is permissive.
Any aspect of 1 and use regul at i on withi n EastLake I not covered by these
district regulations or subsequent plan approvals. shall be regulated by the
applicable section of the Chula Vista Municipal Code (CVMC).
(3/1/89)
..,J-4-
12_303
SECTION II: RESIDENTIAL DISTRICTS
11.0 Purpose
In addition to the objectives outlined in section 1.0 (Purpose and
Scope), the Residential Districts are included in the Planned
community District Regulations to achieve the following purposes:
To reserve appropriately located areas for family living at a
broad range of dwelling unit densities consistent with the
General Plan and with sound standards of public health, safety
and welfare;
To ensure adequate light, air, privacy and open space for each
dwelling;
To minimize traffic congestion and avoid the overloading of
public services and utilities by preventing construction of
buildings of excessive bulk or number in relation to the land
area around them;
To protect residential
unsightliness, odors,
influences; and
properties from noise, illumination,
smoke and other objectionable
To facilitate the prov~s~on of utility services and other
public facilities commensurate with anticipated population,
dwelling unit densities and service requirements.
11.1 Land Use District Grouping
To facilitate the establishment of permitted use and development
standards which are applicable to more than one land use district,
land use groups are herein established. The following land use
groups are established and shall be identified by the designation
indicated below:
Land Use
Group Designation
RE
RS
RP
RC
RM
Land Use District
Included in Group
RE-3
RS-5 and RS-7
RP-8 and RP-13
RC-10, RC-15 and RC-22
RM-25 and RM-44
11.2 Permitted Uses
The following uses shall be permitted where the symbol "P" appears
and shall be permitted subject to a Conditional Use Permit where
the symbol "c" appears. Uses where the symbol "A" appears shall be
permitted subject to an Administrative Review.
(3/4/92)
4-I=r
/52~ 3(j4
Land Use
1.
A. Residential Uses
2.
3.
4.
5.
6.
Single family dwellings
Duplex dwellings
Guest dwellings or accessory living
quarters
Mobile homes on individual lots
which are certified under the
National Mobile home Construction and
Safety Standards Act of 1974
Group residential, including but not
limited to, boarding or rooming homes,
dormitories, and retirement homes
Multiple dwellings
7.
Townhouse dwellings
B. Aaricultural Uses
1.
All types of horticulture
2.
Agricultural crops
3.
Animal raising or grazing
4.
Keeping of three (3) dogs and/or three
(3) cats (over the age of four months)
c. Public and Ouasi-Public Uses
1.
Day nurseries, day care schools and
nursery schools (over 12 children)"
2.
Convalescent homes
3.
Churches, convents, monasteries and
other religious places of worship
(subject to requirements of Section
19.58.110 CYMC)
4.
Essential public services including but
not limited to: schools, libraries,
museums, parks, public works facilities
and other civic uses
5.
Public utility and public service
substations, reservoirs, pumping plants
and similar installations
* Under 12 children subject to city standards.
(3/1/89)
...H-=2
/-2 _ 305
Land Use Grouo
Ell. B:i Be BQ BI1
p
A
p
p
A
A
p
C
C
C
C
C
p
p
p
A
p
C
C
C
C
C
p
p
p
C
A
p
p
A
p
C
C
C
C
C
p
p
p
p
p
p
A
A
p
p
p
p
p
p
A
A
p
p
C
C
C
C
C
C
C
C
C
C
F.
Land Use Land Use Graun
BE< ~ E.e BJ;; EM
6. Recreational facilities including but
not limited to: country clubs, tennis
and swim clubs, golf courses, racquetball
and handball. (Sites for such facilities
which are 2 acres or less in size shall be
subject to Administrative Review only. ) C C C C C
7. Recreational courts, including but not
limi ted to: tennis, basketball, and
similar uses A A A A A
Home Occunations
l. Home occupations subject to the pro-
visions of section VI.l A A A A A
Accessorv Uses
l. Accessory structures and uses located
on the same site as a permitted use A A A A A
2. Accessory structures and uses located
on the same site as a conditional use A A A A A
Temporarv Uses
l. Temporary uses as prescribed in
Section VI. 0 A A A A A
D.
E.
11.3 Property Development Standards: Residential Districts
A. The following Property Development Standards shall apply to all land and
buildings, other than accessory buildings, permitted in their respective
residential land use districts. The use of the symbol "SP" indicates that
the standard is established by the approval of a Site Plan. Dimensions and
standards are minimums. Minor variations may be permitted subject to site
plan or tract map approval providing that the minimums specified herein are
maintained as average minimums. Lot widths and depths are herein maintained
as average minimums. Lot widths and depths are typical minimums but may
vary slightly with irregularly shaped lots and site specific conditions.
The parking standards for a planned Senior Citizen or "affordable"
residential development may be reduced from those specified herein for the
district in which it is located by the Director of Planning.
(3/1/89)
-H-3
1-2_ S G-b
1.
2.
3.
4.
Residential Property Development Standards
Land Uee Grouo
BE< RS. ~ .Be. EM
Lot area (in net OOO's
square feet)
Lot width (in feet)
(attached products in RP
district)
Lot depth (in feet)
3'
SP
SP
8
5
38
SP
SP
50
70
25
100
gOCD-8)
SOCRP-13J
SPSP
100
Lot coverage (percent)
40
50
SP
SP
SP
5. Front yard setback:
a)
b)
to direct entry garage
to side entry garage
(single story garage in
RS district)
20
20
20
15
SP
SP
SP
SP
SP
SP
10
20
SP
SP
SP
6.
To main residence
20
7. Side yard setback:
a)
to adjacent residential
lot (min. total/one side)
to adjacent street
(corner lot)
15/5
10
10/5' SP
10 10
SP
SP
SP
SP
b)
8.
Rear yard setback
Building height, maximum
(2 1/2 story max. RE, RS
& RP districts)
20
15
SP
SP
SP
28'
28'
28'
45
45
9.
10.
Parking spaces per unit
2
2
(gar. )
2'
(gar. )
1.5 1.5
1 bdrm.l bdrm.
unit unit
2.0 sp 2.0 sp
2 bdrm.2 bdrm.
unit unit
2.5 sp 2.5 sp
3 bdrm.3 bdrm.
unit + unit +
, May be modified for attached units with Site Plan approval
, RS-5 District only; 13/3 in RS-7 District
, May be increased to 35 feet with Site Plan approval
, Two car garage for RP detached units; one car garage and one carport for RP
attached units
(3/1/89)
~
1:2- .sa 7
B. Grouo parkina Standards for RC and RM Land Use Grouos
The parking requirements include 0.5 spaces for guest parking. This
requirement may be reduced to 0.3 space per unit by the Zoning Administra-
tor which would result in a reduction of the standards set forth in the
table. If more than one space per dwelling unit is assigned to the
dwelling unit, then the required guest parking spaces shall be marked and
clearly identified as guest parking. The guest parking spaces shall not
be permitted to be assigned to individual dwelling units.
c. Snecial Reauirements
1. Front yard setbacks shall be measured from the right-of-way of the
fronting street. The front yard setback may be reduced, subject to
site plan approval, within the RP, RC and RM districts. If the
front yard setback is reduced to less than twenty (20) feet, and the
dwelling unit is located on a street, cul-de-sac, or court contain-
ing more than twelve (12) dwelling units, then the garage shall be
equipped with an automatic garage door opener.
2. The allowable building area for each lot shall be as permitted in
the table below. The maximum building area for single family
detached and attached products shall be the square footage listed or
that permitted by the percentage of lot area, whichever is greater.
Homeowner additions shall be allowed only where consistent with
these standards. A 300 square foot open patio (covered but open on
three sides) shall be permitted on each residential lot and shall be
exempt from inclusion in this calculation.
Permitted Building Area
District
Sauare Footaae
Lot Area Percentaoe 'FAR\
RS-5
RS-7
RP-8
RP-13
4,500
3,900
2,900
2,000
SO'll
SO'll
55%
55%
All residential development north of Telegraph Canyon Road, within
the EastLake I SPA, shall be exempt from this maximum building area
standard.
II.4
Performance standards. Residential Districts
In all Residential Districts, the following performance standards shall be met.
A. Air conditioners, antennas, ham radio antennas, solar panels, heating,
cooling, ventilating equipment and all other mechanical, lighting or
electrical devices shall be so operated and located so that they do not
disturb the peace, quiet and comfort of neighboring residents and shall be
screened, shielded and/or sound buffered from surrounding properties and
streets. All equipment shall be installed and operated in accordance with
all other applicable ordinances. Heights of said equipment shall not
exceed the required height of the zone in which they are located.
(3/1/89)
~
/2-.30 <{
Private, individual satellite dish antennas are prohibited.
association operated satellite dish antennas may be allowed
Conditional Use Permit.
Community or
subject to a
B. Required front and exterior side yards shall be landscaped and shall con-
sist predominantly of trees, plant materials, ground cover and decorative
rocks, except for necessary walks, drives and fences. All required land-
scaping shall be permanently maintained in a healthy and thriving condi-
tion, free from weeds, trash and debris. Landscaping requirement may be
met by either installation by the builder or developer, or for single
family development, requirements through CC&R's that individual homeowners
install their front yard landscaping within one year of occupancy, or
sooner if required by CC&R's.
c. All utility connections shall be designed to coordinate with the archi-
tectural elements of the site so as not to be exposed except where
required by utility provider. Pad-mounted transformers and/or meter box
locations shall be included in the site plan with any appropriate screen-
ing treatment. Power lines and cables shall be installed underground.
D. The acceptable outdoor noise exposure level, measured at the property
line, for each residential district is provided in the table below. (See
amended Chapter 19.66 CVMC for definitions and additional details).
Exterior Noise Limits.
Receivino Land Use Oistrict
7 8.m. - 10 n.m.
10 Dem. - 7 8.m
RE, RS, RP
RC, RM
55 dbA
60 dbA
45 dbA
50 dbA
*Environmental Noise - leq in any hour
*Nuisance Noise - not exceed at any time
E. The maximum permissible dwelling unit interior noise levels are provided
in the table below.
Interior Noise Limits
Time Interval
Anv Time
1 min. in 1 hour
5 min. in 1 hour
7 a.m. - 10 p.m.
10 p.m. - 7 a.m.
55 dbA
45 dbA
50 dbA
40 dbA
45 dbA
35 dbA
F. Energy Conservation. Buildings shall be located on the site to provide
adjacent buildings adequate sunlight for solar access when practical.
Buildings should be designed to minimize energy consumption requirements,
including but not necessarily limited to, the following conservation
considerations:
Co-generation;
South facing windows;
Eave coverage for windows;
Double glazed windows;
Earth berming against exterior walls;
Greenhouses; and,
Deciduous shade trees.
(3/1/89)
~6
/2 <;;0 1
G. In the RC and RM districts, including the conversion of apartments to
condominiums where permitted, the following performance standards shall be
met:
1. Masonry walls or fences six (6) feet in height, from the highest
finished grade, shall be required where needed for noise attenuation
and/or privacy.
2. Where a lot fronts on more than one street, it shall be considered
to have multiple frontages and shall be required to meet special
side yard setbacks.
3. When an RC and/or RM lot is adjacent to any single family zone, a
minimum of fifteen (15) feet of landscaping shall be maintained on
the RC and/or RM lot between such uses.
4. Lockable, enclosed storage shall be provided in the carport area;
substitutions may be approved by the Director of Planning.
5. Conveniently located common laundry facilities shall be provided for
units which do not have individual hook-ups.
6. Conveniently located and well screened trash enclosures shall be
provided for all dwelling units.
7. Recreation vehicle (including campers, boats and trailers) parking
areas shall be provided, fully screened from view or the development
CC&R's shall prohibit all parking of recreation vehicles.
II.S
Accessory Structures: Residential Districts
Accessory Buildings and structures: Accessory buildings and structures, attached
or detached, used either wholly or in part for living purposes, shall meet all
of the requirements for location of the main structure as constructed or required
by the District, whichever is less restrictive; except as herein provided.
A. Enclosed accessory buildings or structures that are attached to the main
building shall not be allowed to encroach into the required rear yard
setback. Open structures may be allowed to encroach into the rear yard
setback subject to approval by the Director of Planning.
B. A detached accessory structure shall meet the setback requirements of the
main building for the front and street side yard areas.
C. A detached accessory structure may be located within an interior side or
rear yard provided that such structure is located no closer than five (5)
feet to an interior side or rear lot line and is at least six (6) feet
from the main structure and does not exceed one story in height.
D. Porches, steps, architectural features such as eaves, awnings, chimneys,
balconies, stairways, wing walls or bay windows may project not more than
four (4) feet into any required front or rear yard area, and not into any
required side yard more than one-half of said required side yard.
(3/1/89)
..-ll-7
!-2~2!o
11.6
Walls and Fences: Residential Districts
In any required front or side yard adjacent to a street, a wall, fence or hedge
shall not exceed forty-two (42) inches in height, except as provided herein.
A. A wall, fence or hedge not more than six (6) feet in height may be main-
tained along the interior side or rear lot line, provided that such wall,
fence or hedge does not extend into a required front or side yard adjacent
to a street except for noise attenuation as required by the City and as
herein provided.
B. A wall, fence or hedge adjacent to a driveway or street providing vehicu-
lar access to an abutting lot or street shall not exceed forty-two (42)
inches in height within the front or side yard setback area of the lot.
Corner cut-offs may be required to maintain a reduced height in special
circumstances for safety and visibility.
C. Fiberglass or bamboo sheeting or other similar temporary material shall
not be permitted as a fencing material on street frontages.
II.7
Signs I Residential Districts
No sign or outdoor advertising structure shall be permitted in any residential
district except as provided in Section VII.
(3/1/89)
,II 8
1..2- 3i(
SECTION III: VILLAGE CENTER DISTRICTS
III. 0
Purpose
In addition to the objectives outlined in section 1.0 (Purpose and
Scope), the Village Center Districts are included in the Planned
Community District Regulations to achieve the following purposes:
To provide appropriately located areas for office uses, retail
stores, service establishments and wholesale businesses,
offering commodities and services required by residents of the
city and its surrounding market area;
To provide an opportunity for commercial and quasi-public
community support facilities;
To encourage office and commercial uses to concentrate for the
convenience of the public and for a more mutually beneficial
relationship to each other;
To provide adequate space to meet the needs of modern commer-
cial development, including off-street parking and loading
areas;
To minimize traffic congestion and to avoid the overloading of
utilities by preventing the construction of buildings suited
to the amount of land around them;
To protect commercial properties from noise, odor, smoke,
unsightliness, and other objectionable influences incidental
to industrial uses; and
To promote high standards of site planning, architectural and
landscape design for office and commercial developments within
the City of Chula vista.
III.l
Permitted Uses
The following uses shall be permitted uses where the symbol "P"
appears and shall be permitted subject to a Conditional Use Permit
where the symbol "C" appears. Uses where the symbol "A" appears
shall be permitted subject to an Administrative Review.
(06/03/92 )
-111-.1.
/.:2~31<L
Permitted Use Matrix
Land Use
Land
VC-1
(West)
A.
Administrative and Professional
Services
p
B. General Commercial Uses
1.
Antique shops (no outdoor
storage)
P
2.
Apparel stores
p
3.
Art, music and photographic
studios and supply stores P
Appliance stores and repair (no
outdoor storage) P
4.
5.
Arcades and electronic games (see
section VI.4) C
Athletic and health clubs C
6.
7.
Automobile and/or truck services,
sales, rental agencies; car wash A
8.
Bakeries - retail
p
9.
Barber and beauty shops
p
10. Bicycle shops, non-motorized
P
11. Blueprint and photocopy services P
12. Book, gifts and stationery stores P
13. Candy stores and confectioners
P
14 . Car Wash
C
15. Catering establishments
P
16. Cleaners
P
17. Commercial recreation facilities
not otherwise listed C
(06/03/92)
III 2
/-2~3i3
Use Group
VC-2
(East)
p
p
P
C
A
P
p
P
P
C
C
VC-3
(South)
p
P
P
p
P
C
C
A
P
p
p
P
P
p
C
P
P
C
Permitted Use Matrix
Land Use
Land
VC-1
(West)
18. Eating and drinking
establishments:
a. Bars (no entertainment),
nightclubs, cabarets
C
b. Restaurants, coffee shops,
delicatessens:
1) with alcoholic beverages
and/or entertainment C
2) without alcoholic
beverage p
c. Snack bars and refreshment
stands contained within a
building
p
d. Fast food restaurants with
drive-in or drive-through
c"
19. Equipment rental (enclosed bldg.) P
20. Feed and tack stores (no outside
storage) P
21. Florists' shops
P
22. Food stores, supermarkets,
drug stores
2J. Furniture stores (<10,000 sf)
P
P
24. Gasoline service stations
c
25. Hardware stores (<10,000 sf)
P
26 . Hobby shops
P
27. Hotels and motels (and accessory
uses, including restaurant, bar,
shops) P
28. Janitorial services/supplies P
Use GrOUD
VC-2
(East)
c
c
P
P
c"
P
P
c
P
P
VC-J
(South)
C
P
P
C
P
P
P
P
C
P
P
1 May be considered for approval in the area immediately adjacent to EastLake
Parkway/Fenton street intersection.
(06/03/92)
TTT-3-
1!2-3iLj
Permitted Use Matrix
Land Use
29. Jewelry stores
Land
VC-l
(West)
P
30. Junior department, department
stores, discount and membership
department stores P
31. Kiosks and moveable vendors,
including photo sales, located
in parking lot
32. Liquor stores
33. Medical and dental offices,
clinics
34. Mortuaries
35. Motorcycle sales and services
including motorized bicycles
36. Newspaper and magazine stores
A
C
P
A
P
37. Nurseries and garden supply stores
in screened area P
38. Office suites, general
P
39. Office supplies/stationery stores P
40. Parking facilities (commercial)
41. Pharmacies
42. Photocopying services
43. Printing shops
44. Recycling drop-off bins
45. Retail stores and shops
46. Sign painting shops (enclosed
building)
47. Stamp and coin shops
(06/03/92)
III 4
I<J~5 I)
C
P
P
P
A
P
P
P
Use Group
VC-2
(East)
P
A
P
C
P
P
P
P
C
P
P
P
A
P
P
P
VC-3
(South)
P
A
C
P
A
P
P
P
P
C
P
P
P
A
P
P
P
Permitted Use Matrix
Land Use
Land
VC-1
(West)
48. Swimming pool supplies
p
49. Television, stereo and radio stores
including sales and repair P
50. Theaters
A
51. Tire sales and services
A
52. Travel agencies
P
53. Veterinary offices and animal
hospitals
A
C. Public and Semi-Public Uses
1.
Day nurseries, day care schools
(subject to provisions of the
Municipal Code) A
2.
Convalescent homes and hospitals C
Clubs and lodges including YMCA,
YWCA and similar youth group uses A
3.
4.
Libraries
P
5.
Educational institutions
C
6.
Hospital, medical care facilities C
7.
Post office
P
8.
Religions institutions (CPF
Ordinance uses)
9. Group care facilities and
residential retirement hotels C
10. utilities, public and private p
11. Uses determined to be similar
and consistent with the purposes
of this chapter C
(06/03/92)
-III 5
12 ~ <-?,16
Use Group
VC-2
(East)
p
A
P
C
A
C
A
P
C
C
P
C
C
P
C
VC-3
(South)
p
P
A
P
A
A
C
P
C
P
C
P
C
Permitted Use Matrix
Land Use
Land
VC-l
(West)
Use Group
VC-2
(East)
VC-3
( South)
D. Accessory Uses
1.
Accessory structures and uses
located on the same site as a
permitted use
p
p
p
2.
Accessory structures and uses
located on the same site as a
conditional use
A
A
A
E. Temporary Uses
1.
Temporary uses as prescribed in
section VI.O
p
p
p
III.2
Property Development Standards:
tricts
Villaqe Center Dis-
The property development standards that shall apply to all land and
buildings permitted in the Village Center Districts shall be those
indicated on an approved site plan submitted pursuant to section
19.14.420 through section 19.14.480 inclusive in Title 19 of the
Chula Vista Municipal Code.
III.3
Performance Standards: Villaqe Center Districts
A. Required front and street side yards shall be landscaped.
Said landscaping shall consist predominantly of plant materi-
als except for necessary walks and drives. All planting and
irrigation shall be in accordance with the City's Landscape
manual. All required landscaping shall be permanently
maintained in a healthy and thriving condition, free from
weeds, trash and debris.
B. The noise level emanating from any commercial use or operation
shall not exceed the standards established in the Chula vista
Municipal Code.
C. All ground mounted mechanical equipment, including heating and
air conditioning units and trash receptacle areas, shall be
completely screened from surrounding properties by use of a
wall or fence, or shall be enclosed within a building. No
material or equipment so screened shall have a height greater
than that of the enclosing wall, fence or building. Struc-
(06/03/92)
'-:I II G-
1~-3 )7
tural and design plans for any screening required under the
provisions of this section shall be approved by the Planning
Director.
D. All roof appurtenances including, but not limited to, air
conditioning units, and mechanical equipment shall be shielded
and architecturally screened from view from on-site parking
areas, adjacent public streets and residential uses within the
Village center.
E.
Reciprocal ingress and egress, circulation and
arrangements shall be required to facilitate the
vehicular movement between adjoining properties.
parking
ease of
F. Lighting. All light sources shall be shielded in such a
manner that the light is directed away from streets or
adjoining properties. Illuminators should be integrated
within the architecture of the building. The intensity of
light at the boundary of any Village center District shall not
exceed seventy-five (75) foot lamberts from a source of
reflected light.
G. All utility connections shall be designed to coordinate with
the architectural elements of the site so as not to be exposed
except where required by utility provider. Pad mounted
transformers and/or meter box locations shall be included in
the site plan with an appropriate screening treatment.
H. Except where otherwise approved on a site plan, outdoor
storage and/or sales areas shall be entirely enclosed by solid
walls not less than six (6) feet in height to adequately
screen outdoor storage areas. Stored materials shall not be
visible above the required walls.
I. Air Pollution. There shall be no emission on any site, for
more than one minute in any hour, of air contaminants which,
at the emission point or within a reasonable distance of the
emission point, are as dark or darker in shade as that
designated as No. 1 on the Ringelman Chart as published in the
united states Bureau of Mines Information Circular 7718.
J. Odor. No use shall be permitted which creates odor in such
quantities as to be readily detectable beyond the boundaries
of the site.
K. Energy Conservation. Buildings should be located on the site
to provide adjacent buildings adequate sunlight for solar
access when practical. Buildings should be designed to
minimize energy consumption, including but not necessarily
limited to the following conservation measures:
(06/03/92)
-Hr-="f
1~-31g'
(06/03/92)
Co-generation;
South facing windows;
Eave coverage for windows;
Earth berming against exterior walls; and,
Deciduous shade trees.
;ElI S
!!)~311
SECTION IV: BUSINESS CENTER DISTRICTS
IV. PURPOSE
In addition to the objectives outlined in Section 1.0 (purpose and Scope), the Business Center
Districts are included to provide for a quality working environment and to achieve a harmonious
mixture of uses which might otherwise be considered incompatible when located in close
proximity. Activities are intended to promote employment opportunities in manufacturing,
service, research and development, engineering and wholesale trade. In addition, the Business
Center Districts are included to advance the following objectives:
To reserve appropriately located areas for industrial use and protect these areas from intrusion by
dwellings and other non-harmonious uses;
To protect residential and commercial uses from noise, odor, dust, smoke, light intrusion, truck
traffic and other objectionable influences and to prevent fire, explosion, radiation and other hazards
incidental to certain industrial activities;
To promote sufficient open space around industrial structures to protect them from hazard and to
minimize the impact of industrial operations on nearby residential or commercial districts; and
To minimize traffic congestion and avoid overloading utilities by restricting construction of buildings
of excessive size in relation to the amount ofland around them.
A. Business Center Manufacturing Park District
This district is intended as an area for modem industrial, research, and administrative facilities which
can meet high performance and development standards.
B. Business Center Manufacturing Service District
This district is intended as an area for light industrial and limited service commercial uses which can
meet high performance and development standards.
(3/1/89)
1'1-1
/.52-326
IV.I Permitted and Conditional Uses: Business Center Districts
The following uses shall be permitted uses where the symbol "P" appears and shall be permitted uses
shall be permitted uses subject to a Conditional Use Permit where the symbol "C" appears. Uses
where the symbol "A" appears shall be subject to an Administrative Review.
Land Use
Land Use Group
BC-l BC-2
(Manufacturing Manufacturing
Park) Service)
A. Manufacturing
1. Manufacturing, compounding,
assembly or treatment of
articles or merchandise from the
following previously prepared
typical materials such as canvas,
cellophane, cloth, cork, felt, fiber,
fur, glass, leather, paper (no milling),
precious or semi-precious stones or
metals, plaster, plastics, shells, textiles,
tobacco, wood, and yarns; novelty items
(not including fireworks or explosive type
items). p C
2. Electrical and related
parts; electrical appliances,
motors and devices;
radio, television, phono-
graph and computers; elec-
tronic precision instru-
ments; timing and
measuring instruments;
audio machinery; visual
machinery, cosmetics, drugs,
perfumes, toiletries and
soap (not including refin-
ing or rendering of fat
or oils) P C
3. Furniture and upholstering P C
(3/1/89)
._IV-7
!::?-S:.<(
Land Use Land Use Group
BC-l BC-2
(Manufacturing (Manufacturing
Park) Service)
4. Rubber and metal stamp manufac-
turing P C
5. Laboratories; chemical C C
6. Laboratories; dental, electrical,
optical, mechanical and
medical P P
7. Bottling plants P P
8. Cement products manufacturing C
B. Storage and Wholesale Trades
1. Mini-storage, public storage
and storage warehouses C P
2. Moving and storage firms C P
3. Building materials and lumber
storage yards and/or contractors'
yards C
4. Building equipment storage, sales,
rentals C
5. Automobile fleet storage C C
6. Trailer, truck, or bus terminal C C
C. Services
1. Animal hospital or veterinary clinic
and/or office P P
(3/1/89)
rl\f;3-
/ f2 - 3..':2 ~
Land Use Land Use Group
BC-l BC-2
(Manufacturing (Manufacturing
Park) Service)
2. Automobile and/or truck services
including but not limited to: sales,
rental agencies, body repair, paint-
ing and car washes C
3. Blueprinting and photocopying P P
4. Cleaning and dyeing plant C
5. Distributors, showrooms and
automobile offices p p
6. Eating and drinking establishments:
a. Bars C C
b. Restaurants, coffee shops,
delicatessens:
1) With alcoholic beverages C C
2) Without alcoholic beverages A A
c. Snack bars, take-out only;
refreshments stand within a
building P P
d. Fast food restaurants with
drive-in or drive-through C C
7. Furniture sales, new and used
(no outdoor sales or display) P P
8. Gasoline dispensing and/or automobile
service station C C
9. Kennels C
(3/1/89)
~,r"F_4
/5<-3.:23
Land Use Land Use Group
BC-l BC-2
(Manufacturing (Manufacturing
Park) Service)
10. Heliports C C
II. Motels, hotels and convention centers C C
12. Newspaper publishing, printing, and
distribution, general printing and
lithography P P
13. Offices, business, medical, pro-
fessional, real estate and research P P
14. Retail commercial when in conjunction
with a permitted or conditional use P P
D. Public and Semi-Public Uses
I. Day nurseries, day care schools and
nursery schools A A
2. Post offices and post office terminals A C
3. Public utility pumping stations,
equipment building and installation A A
4. Public utility service yards C
5. Educational institutions, public or
private including vocational schools C C
E. Accessory Uses
I. Accessory structures and uses located
on the same lot as permitted or
conditional use P P
(3/1189)
I\T_5
1:2 - ~Q,2 4
Land Use Land Use Group
BC-l BC-2
(Manufacturing (Manufacturing
Park) Service)
2. Incidental services for employees on
a site occupied by a permitted or
conditional use, including day care,
recreational facilities, showers
and locker rooms P P
3. Watchman's or caretaker's living
quarters only when incidental to and
on the same site as a permitted or
conditional use A A
F. Temporary Uses
l. Temporary uses as prescribed
in VI.o P P
(3/1/89)
1V=6
/.2.. <325
IV.2 Property Development Standards: Business Center Districts
The following property development standards apply to all land and buildings other than
accessory authorized in this district. Any legal lot may be used as a building site, except no
building permit shall be issued for any lot having a lot size less than 6,000 square feet. Each
building shall have a minimum 30 foot wide vehicular access to the street.
A. General Requirements
The following requirements are minimums unless otherwise stated:
5. Side yard setback each side ( in feet)
BC-1 BC-2
(Manufacturing (Manufacturing
Park) Service)
1 ac'* 1 ac'*
100 150
150 150
20 25
10 15
20 20
10.. 10**
1. Lot area, net
2. Lot width (in feet)
3. Lot depth (in feet)
4. Front yard setback (in feet)
6. Public street setback ( in feet)
7. Rear yard setback (in feet)
8.
Building height, maximum
35 feet or 2 stories whichever is less
9.
Lot coverage (percent, net)
60
70
.
Map for condominium development does not need to meet lot area requirement.
Minimum lot area may be reduced to 10,000 sffor master planned building
complexes, subject to approval of a Precise Plan. Such Precise Plan shall be for a
total site of no less than 60,000 sf
..
May be reduced top zero (0) with Site Plan approval.
(3/1/89)
IV-7
/.2-32-6
B. Special Requirements
1. Along all street frontage situated across from any residentially zoned property,
a minimum three foot high landscaped earthen berm shall be constructed. Along
all other lot lines adjacent to residential districts, a maximum (8) foot high wall may be
constructed if required following Planning Director review. Fences should blend in with
the site's architecture.
2. Streetscapes shall be enhanced to provide an easy transition from the street to the
building. Patios, circulation and parking spaces can be included in setback areas
to help buffer adjoining parcels from on another.
3. Reciprocal ingress and egress, circulation and parking arrangements shall be required
where possible and feasible to facilitate vehicular movement between adjoining properties
and to limit superfluous driveways.
IV.3 Performance Standards: Business Center Districts
A. In all Business Center Districts the required setbacks shall be landscaped. Landscaping
shall consist predominately of plant materials and shall be irrigated by automatic
sprinklers. All planting and irrigation shall be in accordance with the City's Landscape
Manual.
All landscaping shall be permanently maintained in a clean, healthy and thriving
condition, free of weeds, trash and debris.
B. All ground mounted mechanical equipment, including heating and air conditioning
units and trash receptacle areas, shall be completely screened from surrounding
properties by use of a parapet, wall or fence, or shall be enclosed within a building.
Exposed gutters, downspout, vents, louvers and other similar elements shall be
painted to match the surface to which they are attached unless they are used as part
of the design theme.
C. All utility connections shall be designed to coordinate with the architectural elements
of the site so as not to be exposed except where required by utility provider. Pad-
mounted transformers and/or meter box locations shall be included in the site plan
with an appropriate screening treatment.
D. Lighting. All light sources shall be shielded in such a manner that the light is directed
away form the streets and adjoining properties. Illuminators shall be integrated within
the architecture of the building. The intensity of the light at the boundary of any
Business Center District shall not exceed seventy-five (75) foot lamberts from a source
of reflected light.
(3/1/89) -fV;1!
/;2 - 3:<' 7
E. Electrical Disturbance, Heat and Cold, Glare. No use except a temporary construction
operation shall be permitted which creates changes in temperature or direct glare,
detectable by the human senses without the aid of instruments, beyond the
boundaries of the site. No use shall be permitted which created electrical disturbances
that affect the operation of any equipment beyond the boundary of site.
F. Fire and Explosive Hazard. All storage of and activities involving inflammable and
explosive materials shall be provided with adequate safety and fire fighting devices
to the specifications of the Uniform Fire Code. All incineration is prohibited. Adequate
smoke detectors shall be installed in all new construction.
G. Noise. The acceptable outdoor noise exposure levels, measured at the property line, for
the Business Center districts are given in the table below. (See amended Chapter 19.66
CYMC for definitions and additional details.)
Exterior Noise Limits*
Receiving Land Use District 7 a.m. - 10 p.m.
10 p.m. - 7 a.m.
BC-I, BC-2
70- dbA
70 dbA
*Environmental Noise-Leq in any hour
*Nuisance Noise - not exceeded at any time
H.
I.
J.
K.
Odor. No use shall be permitted which created odor in such quantities as to
readily detectable beyond the boundaries of the site.
Radioactivity. In all Business Center Districts, the use of radioactive materials
shall be limited to measuring, gauging and calibration devices and medical x-ray
diagnostic equipment.
Vibration. No use except a temporary construction operation shall be permitted
which generated inherent and recurrent ground vibration perceptible, without
instruments, at the boundary of the lot on which the use is located.
In any Business Center District, the conversion of a project to condominium ownership
shall meet all the requirements of the zone to the maximum extent possible. Specific City
Council waiver shall be required where the zone requirements cannot be met.
M.
Outdoor Storage Areas shall be entirely enclosed by solid walls not less than eight (8)
feet in height to adequately screen views from the external boundaries of the property.
(3/1/89)
IV 9
r2-3:28
N. Energy Conservation. Buildings shall b e located on the site to provide adjacent buildings
adequate sunlight for solar access when practical. Buildings should be designed to
minimize energy consumption, including, but not necessarily limited to the following
conservation measures:
Cogeneration;
South facing windows;
Eave covering for windows;
Earth berming against exterior walls; and,
Deciduous shade trees.
o. Toxic Materials. No land or building shall be used or occupied in any manner which
creates an unhealthful, dangerous, noxious or otherwise objectionable condition due to the
use, storage or proximity to toxic materials.
P. Liquid or Solid Waste. The discharge or deposit ofliquid or solid wastes shall be subject
to the provisions of Section 19.66.150 CYMC.
(3/1/89) IV -10
12_ ~'Q(
SECTION V. SPECIAL PURPOSE DISTRICTS
V.O
Purpose
These districts are intended for general agriculture, open space, public and
quasi-public uses. Only those additional uses which are complementary to, and
can exist in harmony with, open space are permitted. For the open space
districts, there is no lot size limitation and it is the intent that these
districts may be applied to a portion of a lot provided that the remainder of the
lot meets the requirements for which it is zoned.
In addition to the objectives outlined in Subsection 1.0 (Purpose and Scope), the
Open Space District is included in the Planned Community District Regulations to
achieve the following purposes.
To preserve open space for the conservation of natural resources;
Maintain the natural character of the land;
Provide for public/quasi-public and recreational uses;
Conserve areas of historic and community significance for the enjoyment of
future generations;
Promote public health and safety.
Provide for private use of land under limited development; and
V.l
Permitted and Conditional Uses. Open Space Districts
The following uses shall be permitted uses where the symbol "P" appears and shall
be permitted uses subject to a Conditional Use Permit where the symbol "C"
appears. Uses where the symbol "A" appears shall be subject to an Administrative
Review.
Land Use
Agriculture - Interim
Arboreta (horticultural garden)
Christmas tree sales
Commercial equestrian facilities
Conference facilities
Field crops
Fruit and vegetable stands
Golf course/Country Club
Health Club/Spa
Heliport
Hotel/Motel/Lodging facilities
Incidental concessions
Parks and recreation facilities
Public and quasi-public uses
Temporary tract signs and offices
Tree farming
Utilities (public and private)
(3/1/89)
~ Qa:2. ~ ~ ~ ~ QS..:..1
A
A
A
A
A
A
A
A
A A A A
P A P P
A A A A
A
C C
A A A
A A
P A
P P P
C C C
C C
P P P P
P P P P
C P A A
A A A A
A A A A
P P P P
A
A
C
P
C
A
A
P
P
C
A
A
P
P
A
A
A
P
~
/2 - 3.3 (J
V.2
Permitted and Conditional Uses: Quasi-Public Facilities (PQ) and
Future Urban (F) Districts
The following uses shall be permitted uses where the symbol "P" appears and shall
be permitted uses subject to a Conditional Use Permit where the symbol "C"
appears. Uses where the symbol "A" appears shall be subject to an Administrative
Review.
Land Uee
~
E:.l.
Agriculture - Interim
Arboreta (horticultural garden)
Christmas tree sales
Church/Religious Institution
Church related schools
club, lodge, fraternal organization
Community Facility
Crops, Field
Fruit and vegetable stands
Grading and Infrastructure Improvements
Incidental Concessions
Parks and Recreation Facilities
Public and Quasi-public uses
Temporary tract signs and offices
Utilities (public and private)
A
P
A
P
C
A
P
P
P
C
P
A
P
P
A
P
P
A
P
V.3
Property Development Standards: Special Purpose Districts
A. The following regulations shall apply to the site of a Permitted or
Conditional Use. The requirements are minimum unless otherwise stated.
1. Density - Maximum Dwelling unit
per legal lot 0
2. Lot width (in feet) None Required
3. Lot depth (in feet) None Required
4. Front yard setback (in feet) 20
5. Rear yard setback (in feet) 20
6. Side yard setback (in feet) each side 20/10
7. Building height 35 feet or two stories,
whichever is less
V.4 Signs: Special Purpose Districts
Signs approved as a component of a SPA Plan (or Comprehensive Sign Program) shall
be permitted within open space districts included within the SPA. Other signs
shall be permitted only as provided in Section VII of these regulations.
(3/1/89)
~
1..2-:531
SECTION VII SPECIAL USES AND CONDITIONS
The provisions of this ordinance shall apply to the uses and conditions
hereinafter enumerated. Where this section prescribes regulations more
restrictive than the land use district in which a use or conditional use is
permitted, the provisions of this section shall apply.
VI. 0
Temporary Uses
The provisions of this Section shall be known as the Temporary Use Regulations
and shall provide regulations for the uses hereinafter enumerated. Where this
Section prescribes regulations more restrictive than the zone in which a use or
conditional use is permitted, the provisions of this Section shall apply.
Temporary uses are subject to approval by the Director of Planning, except as
noted.
A. Temporarv Uses Listed
1. Circuses, rodeos, parades or similar outdoor entertainment or enter-
prises, subject to not more than five (5) calendar days of operation
in any calendar year. Requests exceeding these limitations will
require the submittal and approval of a conditional use permit.
2. Christmas tree sales lots, Halloween pumpkin sales, and other
holiday sales subject to not more than forty (40) calendar days of
site occupation and operation in any calendar year.
3. Subdivision sales offices, sales information centers, sales
pavilions, and model home complexes located within the subdivision,
subject to the following minimum requirements:
a. Offices shall be no closer than one vacant lot to an existing
dwelling unit not part of the subdivision, trailers may be
used for no more than ninety (90) calendar days or until such
time as the subdivision sales offices have been completed,
whichever is less;
b. An AC paved parking lot shall be provided with sufficient
parking spaces to accommodate said use;
c. Offices shall be allowed for a maximum of four years;
d. Faithful performance bonding in an amount appropriate to
guarantee removal and/or conversion of the sales office and
attendant facilities shall be required; and,
f. other conditions that the Director of Planning deems necessary
to assure that the sales office will not constitute a nuisance
or be objectionable to the residential uses in the neighbor-
hood.
4. Outdoor art and craft shows and exhibits, subject to not more than
three (3) calendar days of operation or exhibition in any sixty (60)
calendar day period.
(3/1/89)
_ VI 1
1-2- 33'-
5. Contractors' offices and storage yards on the site of an active
construction project.
6. Mobilehome residences for security purposes on the site of an active
construction project.
7. OUtdoor display and sales located within commercially zoned
properties not to exceed more than five (5) calendar days in any
sixty (60) calendar days and subject to appropriate conditions of
the Planning Department.
8. Seasonal retail sales of agricultural products (fruit and vegetable
stands) for periods of less than ninety (90) days, if said products
are raised on the premises.
9. Temporary use of properly designed mobile trailer units for class-
rooms, offices, banks, etc., for periods not to exceed ninety (90)
days subject to Administrative Review. Requests for such uses of
more than ninety days duration shall require approval of a Condi-
tional Use Permit by the Planning commission. Such units shall meet
all necessary requirements of building, fire and health codes.
10. For any agricultural and animal husbandry activity or project (4-H,
FFA, or similar) conducted for educational purposes or school
credits, a permit may be granted in any district when the Director
of Planning determines that such use will not cause a public
nuisance relative to sanitation and health conditions.
11. Charitable or school sponsored drop-off bins for recycling of cans,
newspapers or similar items, or for drop-off of clothes and small
items. Bins shall be located in the parking lots of businesses or
other public or semi-public property on a temporary basis when
written permission is granted by the property or business owner.
Said bins shall be kept in a neat and orderly manner.
12. Additional uses determined to be similar to the foregoing in the
manner prescribed by Section 1.4 of these regulations.
B. Permits and Bonde
All temporary uses shall be subject to the issuance of a Temporary Use
Permit by the Planning Director and other necessary permits and licenses,
including but not limited to building permits, sign permits, and
solicitors or vending licenses. In the issuance of such a permit, the
Planning Director shall indicate the permitted hours of operation and any
other conditions, such as walls or fences and lighting, which are deemed
necessary to reduce possible detrimental effects to surrounding develop-
ments and to protect the public health, safety and welfare. Prior to the
issuance of a permit for a temporary use, except those listed under C, F,
G, K and L above, a cash deposit may be required to be deposited by the
City. This cash deposit shall be used to defray the costs of clean-up of
the property by the City in the event the permittee fails to do same.
c. Extension or Modification of Limits
Upon written application, the Planning Director may extend the time within
which temporary uses may be operated, or may modify the limitations under
which such uses may be conducted if the Planning Director determines that
(3/1/89)
1U=.2
/2-333
such extension or modification is in accord with the purposes of the
zoning regulations.
D. Condition of Site Followina Temporarv Usaae
Each site occupied by a temporary use shall be left free of debris,
litter, or any other evidence of the temporary use upon completion or
removal of the use, and shall thereafter be used only in accord with the
provisions of the zoning regulations.
E. ~
The application shall be accompanied by a fee established by the Master
Fee Schedule to cover the cost of processing the application prescribed in
this section. This fee may be waived by the approving authority for
charitable groups that do not need any public services.
VI.l Home Occupations
A. Home occupations may be permitted only when in compliance with the condi-
tions listed herein. A permit must be issued by the Planning Director
prior to operation of such use. The fee shall be in accordance with the
Master Fee Schedule.
1. There shall be no stock in trade or exterior storage of materials in
the conduct of a home occupation.
2. A home occupation shall be conducted entirely within a dwelling; if
in an attached or a detached garage, it shall not impede the use of
said garage for vehicle storage.
3. Electrical or mechanical equipment which creates visible or audible
interference in radio or television receivers or causes fluctuations
in line voltage outside the dwelling unit, shall be prohibited.
4. Only the residents of the dwelling unit may be engaged in the home
occupation.
5. There shall be no sale of goods on the premises.
6. The establishment and conduct of a home occupation shall not change
the principal character or use of the dwelling unit involved.
7. There shall be no signs other than those permitted by this ordin-
ance.
8. The required residential off-street parking shall be maintained.
9. A home occupation shall not create vehicular or pedestrian traffic
in excess of that which is normal for the land use district in which
it is located.
10. No vehicles or trailers (including pick-up trucks and vans) or con-
struction or other equipment, except those normally incidental to
residential use, shall be kept on the site.
VI. 2
Recreational Courts
(3/1/89)
..JU=-3
/j-334
Construction of recreation courts, including necessary fencing and lighting, may
be permitted subject to administrative review and a finding that adjacent
properties will not be unduly affected.
Recreation courts shall meet the following minimum standards:
A. A maximum 20-foot high fence (measured from the finished grade of the
court) shall be allowed. Fences shall include a screening material which
screens the court activity from off-site view and which improves the
appearance of the fence.
B. Setbacks for the court shall be:
Side yard:
Rear yard:
10 feet
10 feet
C. Maximum of eight (8) lights permitted, height not to exceed 22 feet. All
lights and light fixtures shall be certified by a qualified lighting
engineer to:
1. Be designed, constructed, mounted and maintained such that, the
light source is cut off when viewed from any point five (5) feet
above the ground measured at the lot line.
2. Be designed, constructed, mounted and maintained such that the maxi-
mum illumination intensity measured at the wall of any residential
building on abutting property shall not exceed 1/2 foot candle above
ambient levels.
3. Be used between 7:00 a.m. and 10:00 p.m.
D. The surface area of any recreational court shall be designed, painted,
colored and/or textured to reduce the reflection from any light incident
thereon.
E. Landscaping shall be installed as required between the fence and the
property line.
VI.3 Kennels - Commercial and Non-commercial
The following regulations are established for operation and maintenance of
commercial and non-commercial kennels in the Manufacturing Service Land Use
Districts pursuant to Section IV.l.C.9.
A. Animal runs shall meet the following minimums:
1. Minimum sizes:
3'0" x 5'on for small size animals
3'0" x 9'0" for medium size animals
9'0" x 9'0" for large size animals
2.
Animal runs shall be constructed and/or coated with non-porous
material to discourage the breeding of ticks and other similar
pests.
3.
All animal runs and animal holding areas shall have concrete or
other durable flooring sloped for proper drainage.
(3/1/89)
"1-4
):2- _~.3~-
4. All animal runs shall be provided with adequate enclosures to
provide protection from inclement weather.
s. All animal runs shall be provided with drains sufficient to control
drainage and daily washing of the runs.
6. All animal runs shall be washed down daily to control odor, flies
and the breeding of ticks, fleas, bacteria and other similar pests.
B. All kennels shall be served by sewer and/or all excrement produced by said
kenneled animals shall be dispersed on a regular basis so as to control
flies and odor, or stored in an enclosed container and dispersed on a
regular basis.
C. All noise shall be sound attenuated so that the noise level measured at
the property line is within the ambient level for the land use district in
which the site is located.
D.
No animal runs, exercise areas
commercial and non-commercial
required front, street side or
which the site is located.
or keeping of the kenneled
purposes shall be located
side yards of the land use
animals for
within the
district in
VI.4 Arcades
A. In order to minimize adverse effects that arcades and electronic games may
have on the neighborhood or area in which it is located, the following
regulations are established. Arcades may be permitted only in the Village
Center Commercial land use district subject to a conditional use permit
and to the conditions listed herein:
1.
All such facilities shall provide parking with ingress and egress
designed so as to minimize traffic congestion; shall be not less
than twenty feet away from any adjacent residential zone; and shall
show that adequate controls or measures will be taken to prevent
offensive noise and vibration. Should the Municipal Code be amended
to provide additional regulation of these uses, such amendments
shall apply to arcade or similar uses within EastLake I.
2.
The operation of four or less machines shall be permitted provided
their operation is ancillary to the use of the building and said use
does not materially alter the principal use of such a building. The
operation of four or less machines where they are the principle use
may be approved by the Planning Director where, in his judgment, the
location does not constitute a traffic or safety hazard to the
public or abrogate the intent of the regulations contained in this
section.
(3/1/89)
-VI S
/.!2- 33~'
SECTION VII: COMPREHENSIVE SIGN REGULATIONS
VILO
Purpose
The provisions of Sections VII.O through VII.3, inclusive, shall be known as the
Comprehensive Sign Regulations. It is the purpose of these provisions to
establish a comprehensive system for the regulation of on-site and off-site
signs.
The City of Chula Vista recognizes the need for signs as a means to identify
businesses within the community. However, the City also recognizes that signing
is an important design element of the physical environment. Regulations
consistent with the goals and objectives of the community are necessary to ensure
that the character and image the community is striving for can be attained.
It is the purpose of this chapter to make EastLake I attractive to residents,
visitors, and commercial, industrial and professional businesses while main-
taining economic stability through an attractive signing program. Specifically,
the purposes of this chapter are to:
Protect the general public health, safety and welfare of the community;
Reduce possible traffic and safety hazards through good signing;
Direct persons to various activities and uses, in order to provide for
maximum public convenience;
Provide a reasonable system of sign regulations, to ensure the development
of a high quality visual environment;
Encourage signs which are well designed and pleasing in appearance and to
provide incentive and latitude for variety, good design relationship to
the business or use it identifies, and spacing between signs and build-
ings;
Encourage a desirable urban character which has a minimum of clutter;
Enhance the economic value of the community and each area, business and
use thereof, through the regulation of such elements as size, number,
location design and illumination of signs; and,
Encourage signs which are well located, and take in to account the service
and usage of adjacent areas.
VII.l Permit Requirement and Review
A. Sign Permit Required
A sign permit shall be required in accordance with Section 19.60.030 of
the Municipal Code for any sign except as follows; provided, however, any
signage in excess of the specific exemption listed below is prohibited:
1.
Permanent window eianaoe not exceeding twelve (12) square feet per
business frontage and limited to the name of the business, service,
or use, hours of operation, address and emergency information,
(3/1/89)
"II 1
/5L.3 ~7
except exposed neon tubing signs advertising products for sale on
the premises, are permitted as permanent signs.
2. Temoorarv advertisino sionaoe painted on the window or constructed
of paper, cloth, or similar expendable material affixed on the
window, wall or building surface, provided that all of the following
conditions are met:
a. The total area of such signs shall not exceed twenty-five (25)
percent of the window area; however, in all cases, twelve (12)
square feet per business frontage is permitted.
b. Such signs shall be affixed to the surface for no more than
thirty (30) continuous calendar days but for not more than
sixty (60) days each calendar year, to promote a particular
event or sale of product or merchandise.
3. Real Egtate Siang for Residential Sales: One (1) sign per street
frontage not exceeding four (4) square feet in area and five (5)
feet in height, provided it is unlit and is removed within fifteen
(15) days after the close of escrow or the rental or lease has been
accomplished. Signs placed on the rear street frontage are
prohibited. Open House signs not exceeding four (4) square feet in
area and five (5) feet in height are permitted for directing
prospective buyers to property offered for sale.
4. Political t;lians: Political signs having to do with any issue,
ballot measure, political statements and expressions, or candidate
in any Municipal, County, State or Federal election shall be
permitted subject to the following provisions and any other
applicable provisions within this chapter.
(3/1/89)
a.
Any person, party or group posting signs in the City shall
abide by the provisions herein set forth.
b.
All political signs shall be placed, erected, constructed,
painted or assembled, no earlier than thirty (30) calendar
days prior to the election and shall be removed no later than
ten (10) calendar days following the date of the election.
A political sign shall not exceed thirty-two (32) square feet
in total area for one side; double-faced signs shall not
exceed thirty-two (32) square feet per side. No signs shall
be placed in a manner that would obstruct visibility of or
impede pedestrian or vehicular traffic, or to endanger the
health, safety, or welfare of the community.
c.
d.
All political signs shall not exceed an overall height of
eight (8) feet from the finished grade immediately around the
sign.
e.
No political signs shall be lighted either directly or
indirectly unless said sign is erected, painted or constructed
on an authorized structure already providing illumination.
f.
No political sign shall be placed or affixed to a traffic
signal, street light, tree, fence, utility pole or existing
sign, nor shall be posted on any public property or in the
public right-of-way, if in the opinion of the Director of
"11-2
).2- 3S[(
9.
(3/1/89)
Planning, said sign impedes or renders dangerous public access
to any public improvement, including but not limited to
utility poles and fire hydrants; or obstructs the vision of
any sign designed to regulate, control or assist public or
private transportation or obstructs the vision of any user of
a public right-of-way.
g. No political sign shall be posted in violation of any provi-
sions of this chapter. Further, the Director of Planning or
his designee shall have the right to remove all signs placed
contrary to the provisions of this section. Any political
sign placed on private property without the consent of said
private property owner may be removed by said owner or
representative of said owner.
5.
Contractor or Construction Sions: For residential projects greater
than four (4) dwelling units, commercial and industrial projects,
two (2) directory signs shall be permitted on the construction site
for all contractors (may include financial institutions, real estate
agents, subcontractors, etc.) not exceeding thirty-two (32) square
feet each, unless legally required by government contracts to be
larger. No sign shall exceed eight (8) feet in overall height and
shall be located no closer than ten (10) feet to any property line.
Such sign shall be removed upon the granting of occupancy by the
City. For all other projects, a total of two (2) signs per develop-
ment site may be installed with a maximum of four (4) square feet in
area and five (5) feet in height for each sign. Such sign(s) shall
be removed upon finalization of building permits.
6.
Future Tenant Identification Sian: Future tenant identification
signs may be placed on vacant or developing property to advertise
the future use of an approved project on the property and where
information may be obtained. Such signs shall be limited to one (1)
per fronting street and to a maximum of ninety-six (96) square feet
in area and twelve (12) feet in overall height each. Further, such
signs shall be placed no closer than ten (10) feet to any property
line. Any such sign shall be removed upon finalization of building
permits. Where a project has in excess of 600 lineal feet of front-
age, one additional sign for each 600 lineal feet is allowed.
7.
Real Estate Sions for Sale of Commercial or Industrial Pro~ertv: One
(1) sign per street frontage not to exceed thirty-two (32) square
feet in area to advertise the sale, lease or rent of such property.
No such sign shall exceed eight (8) feet in overall height and shall
not be located within the public right-of-way. Where a property has
in excess of 600 lineal feet of frontage, one additional sign for
each 600 lineal feet is allowed.
8.
Interior sions within a structure or building when not visible or
readable, nor intended to be read from off-site or from outside of
the structure or building.
Identification sians for a business. service or use no greater than
four (4) square feet in area may be permitted. Said signs shall not
be visible from the public right-of-way, shall be attached to the
main building, shall be for pedestrian traffic, and shall not other-
wise require a building permit.
."11-3
!~_ _'33;
10. Memorial tablets. nlaques. or direetional sians for community
historical resources, installed by a city recognized Historical
Society or civic organization.
11. Convenience sians and secondarY directional sians not exceeding four
(4) square feet in area (see SPA Plan).
12. Residential buildina identifieation sians used to identify individ-
ual residences and not exceeding four (4) square feet in area.
13. One name nlate per parcel not exceeding four (4) square feet in area
for single family residential uses and agricultural uses.
14. Offieial and leaal notieee issued by any court, public body, person,
or officer or in furtherance of any nonjudicial process approved by
state or local law.
15. Sians nrovidina direetion. warnina. or informational sians or struc-
tures required or authorized by law or by Federal, State, County, or
City authority.
16. A sinale official flaa of the United states of America and/or two
(2) flags of either the State of California or other states of the
United States, counties, municipalities or official flags for
nations, and flags of internationally or nationally recognized
organizations or the company flag. Flags shall be a maximum of five
(5) feet by eight (8) feet unless otherwise specifically approved on
a Site Plan.
17. Sians of nubIle utilitv eomnaniee, indicating danger or which serve
as an aid to public safety, or which show locations of underground
facilities or public telephones.
18. Safety sians on construction sites.
19. One (1\ freestandina time and temnerature sign that conveys time and
temperature only and not exceeding twelve (12) square feet in area
nor fifteen (15) feet in height, or not higher than the roof1ine,
whichever is less, when combined with business identification in
accordance with Section VII.3, and counted toward sign area for the
freestanding sign.
20. One (1\ wall mounted time and temnerature sian that conveys time and
temperature only not exceeding twelve (12) square feet in area shown
when combined with business identification in accordance with
Section VII.3, and counted toward sign area for the wall sign.
21. "No Tresoassina", "no parking", and similar warning signs not
exceeding four (4) square feet.
22. Sians on oublle transnortation vehieIes regulated by a political
subdivision, including but not limited to buses and taxicabs.
23. Sians on licensed commercial vehiCles, provided such vehicles are
not used or intended for use as portable signs or as may be pro-
hibited in Section VII.1.B.
24.
A chanoe of CODV conforming to an approved Comprehensive Sign Pro-
gram. All other changes of copy shall comply with Section VII.1.
(3/1/89)
':II 4
;-2- -3 V()
25. Incidental sians for automobile renair stores. 9asoline service
stations. automobile dealers with serV1ce rena1rs. motels a.nd
hotels, showing notices of services provided or required by law,
trade affiliations, credit cards accepted, and the like, attached to
a freestanding sign, structure or building; provided that all of the
following conditions exist:
a. The signs number no more than four (4).
b. No such sign project beyond any property line.
c. No such sign shall exceed an area per face of four (4) square
feet.
26. CQov ~oolied to fuel oumos or dispensers by the manufacturer such as
fuel identification, station logo and other signs required by the
law.
27. Aqricultural sians, either wall or freestanding types, non-illumi-
nated, and not exceeding four (4) square feet for lots two (2) acres
or less and sixteen (16) square feet for lots greater than two (2)
acres, identifying only the agricultural products grown on the pre-
mises. The number of such signs shall be one (1) per street front-
age or a maximum of two (2), with all signs to be located below the
roofline and freestanding signs to be no higher than eight (8) feet.
B. Prohibited Sians: All signs not expressly permitted are prohibited in all
zones, including but not limited to the following:
8.
9.
10.
(3/1/89)
1.
Roof signs.
2.
3.
4.
Flashing signs (except time and temperature signs).
Animated signs (conveying the illusion of motion).
Revolving or rotating signs.
5.
Vehicle signs (when parked or stored on property to identify a busi-
ness or advertise a product).
6.
Portable signs (except where permitted in this chapter).
7.
Off-site signs (except temporary subdivision signs).
Signs within the public right-of-way (except those required by a
governmental agency). No sign shall be so placed, erected or con-
structed on a utility pole, traffic device, traffic sign, warning
sign, or so as to impede access to any public improvement, or to
obstruct the vision of any such signs except as may be permitted in
Section VII.1.A.4 of this Chapter.
Signs located on public property except as may be permitted in by
Section VII.1.A.4 of this chapter or those required by a govern-
mental agency.
Signs within the public right-of-way prohibited by the Streets and
Highways Code (Sec. 101 et. seg. and Sec. 1460 et. seg.), the
Vehicle Code (Sec. 21400 et. seg.) and the Public Utilities Code
(Sec. 7538 et. seg.).
_ VII 5
/2-.3t;/
11. Signs blocking doors or fire escapes.
1.2. Outside light bulb strings and exposed neon tubing outside of
building (except for temporary uses such as Christmas tree lots,
carnivals and other similar events with prior approval of the City).
13. Banners, flags, pennants and balloons (except as permitted in
Section VII.A.16 and except for special events as provided for in
this chapter in Section VII.2.A.3).
14. Inflatable advertising devices of a temporary nature, including hot
air balloons (except for special events as provided for in this
Chapter in Section VII.2.A.3).
15. Advertising structures (except as otherwise permitted in this chap-
ter) .
16. Statuary (statues or sculptures) advertising products or logos of
the business that are located outside of the structure that houses
the business.
17. The use of decals, stick-on or transfer letters, or tape on the
walls or parapets of buildings, fences, walls or other structures.
lB. Readerboard/changeab1e copy signs, either electric or non-electric
except as permitted in this chapter.
19. Signs which purport to be or are an imitation or resemble official
traffic warning devices or signs, that by color, location or light-
ing may confuse or disorient vehicular or pedestrian traffic. This
does not include traffic or directional signs installed on private
property to control on-site traffic.
c. Sians Relation to Inonerative Activities! Signs pertaining to activities
or businesses which are no longer in operation, except for temporary
closures for repairs, alteration or similar situations, shall be removed
from the premises or the sign copy shall be removed within thirty (30)
days after the premises has been vacated. Any such sign not removed
within the specified time shall constitute a nuisance and shall be subject
to removal under the provisions of this chapter and local ordinance.
D. Enforcement. Leaal Procedures. and Penalties: Enforcement, legal proce-
dures and penalties shall be in accordance with the enforcement procedures
established by the Municipal Code. Unauthorized illegal signs may be
abated by the City in accordance with local ordinance. If said sign is
stored by the City the owner may recover said sign from the City upon
payment to the City of any storage and/or removal charge incurred by the
City. The minimum charge shall be no less than three dollars ($3.00) per
sign. All signs removed by the City may be destroyed thirty (30) calendar
days following removal. If any sign, in the opinion of the Director of
Planning, is an immediate threat to the public health and safety, said
sign shall be immediately and summarily removed with the cost of said
removal charged to the property owner in accordance with local ordinances.
E. Construction and Maintenance:
1.
Construction: Every sign and all parts, portions, and materials
shall be manufactured, assembled, and erected in compliance with all
(3/1/89)
/'111 6
/2- _~~L
applicable State, Federal, and City regulations an the Uniform
Building Code.
2.
Maintenance! Every sign and all parts, portions, and materials
shall be maintained and kept in proper repair. The display surface
of all signs shall be kept clean, neatly painted and free from rust
and corrosion. Any cracked or broken surfaces, and malfunctioning
or damaged portions of a sign shall be repaired or replaced within
thirty (30) calendar days following notification of the business by
the City. Noncompliance with such a request will constitute a
nuisance and will be abated. Any maintenance, except a change of
copy, which does not involve structural change, is permitted.
VII.2
Sign Regulations
Sign permits may be issued for signs included under this section provided the
signs are in compliance with all other applicable laws and ordinances.
A. Sione Permitted in any Land Uee District:
The following signs may be permitted in any land use district. These
signs are in addition to those signs expressly permitted in each land use
district and are subject to the provisions listed:
1. Convenience Signs: On-site signs no greater than six (6) square
feet necessary for public convenience or safety may be approved by
the Director of Planning or his designee. Signs containing informa-
tion such as "entrance," "exit, n or directional arrows shall be
designed to be viewed from on-site or from an area adjacent to the
site by pedestrians or motorists. Signs that convey advertising or
products shall not be considered a convenience sign.
2. Comcrehensive Sian Proaram for Commercial and Industrial Zones: A
Comprehensive Sign Program shall be developed for all commercial and
industrial centers consisting of four (4) or more tenant spaces.
The purpose of the program shall be to integrate signs with building
and landscaping design into a unified architectural unit. This
shall be achieved by:
a. Using the same background color on all signs.
b. Using not more than three (3) different colors for sign
lettering.
c. Using the same type of cabinet supports, or method of mounting
for signs of the same type, or by using the same type of con-
struction material for components, such as sign copy, cabinets
and supports, or by using dissimilar signing determined
compatible by the Director of Planning.
d. Using the same form of illumination for all signs, or by using
varied forms of illumination determined compatible by the
Director of Planning.
e. Allowing the use of different colors for logos.
3.
Soscial Event Sians: Special event signs may be approved for a
limited period of time as a means of publicizing special events such
(3/1/89)
~~II 7
/-2 - 3 V 3,
as grand openings, new management, inventory sales, Christmas tree
lots, parades, rodeos, and fairs that are to take place within
EastLake I.
a. Communitv Soecial Events such as a rodeo or community fair may
be permitted the following signage:
(1)
No more than four (4) off-site signs up
(32) square feet and eight (8) feet
publicize the event indicated above.
to thirty-two
in height to
(2) Temporary advertising signing consistent with the
requirements set forth in section VII.l.A.2.
b.
Commercial
tree lots,
notice of
signage:
Soecial Events such as grand openings, Christmas
painted seasonal holiday window displays, and
new management may be permitted the following
(1) No more than one (1), thirty-two (32) square foot or
smaller, eight (8) feet in height, on-site, freestand-
ing, special event sign.
(2) All other on-site special event signs can be either wall
and window signs, flags, banners and pennants. Inflat-
able advertising devices of a temporary nature may be
permitted. In no case shall any signage, flag, pennant,
inflatable device or banner be placed in a location not
approved by the Director of Planning.
4. On-Site Subdivision Sians:
a. One (1) temporary, on-site subdivision sign not to exceed 64
square feet total area for two (2) sides or 32 square feet for
one (1) side and total overall height of twelve (12) feet may
be permitted on each Circulation Element street frontage of
the property being subdivided, not to exceed two (2) such
signs for all phases of any subdivision; otherwise a maximum
of one (1) sign is permitted.
b. Such sign shall be for the identification of a subdivision,
pr ice information and the developer I s name, address and
telephone number.
c.
Such signs shall be removed within ten (10) calendar days from
the date of the final sale of the land and/or residences or
within twenty-four (24) months, whichever comes first. Exten-
sions of twelve (12) months may be approved by the Director of
Planning.
d.
Signs shall be maintained in good repair at all times.
e.
A cash deposit of three hundred dollars ($300) per sign shall
be deposited with the sign application to ensure compliance
with this chapter and removal of such sign. Said deposit
shall be refunded to the applicant upon sign removal by the
applicant. If the City is forced to remove any signs, then
the cost of removal shall be deducted from the deposit.
(3/1/89)
-VII B-
152 -~54 ~
s. Off-Site Subdivision Directional Sian:
(3/1/89)
a. A maximum of four (4) signs may be used to lead customers to
the site.
b. Signs shall be made of panels which shall be no longer than
seventy-two (72) inches by twelve (12) inches each and shall
be grouped on a single, double or four-sided kiosk. Such
structure shall contain no more than seven (7) panels per side
nor exceed seven (7) feet in height.
c. A sign kiosk shall be located not less than three hundred
(300) feet from an existing approved sign site. Further, each
sign may only contain the name of the planned community,
subdivision, developer or development logo and a directional
arrow.
d. The placement of each sign structure and its copy shall be
reviewed and approved by the Director of Planning prior to
installation.
e.
All kiosks that are to be placed on private property shall be
with prior written consent of the property owner, to allow the
City, in the event of noncompliance, to enter said property
and remove the sign. A copy of said consent shall be filed
with the Department of Planning prior to the acceptance of a
sign permit application.
f.
A kiosk location plan shall be prepared showing the site of
each kiosk and shall be submitted to and approved by the
Director of Planning prior to the acceptance of a sign permit
application.
g.
Any sign approved for a particular subdivision within EastLake
I shall not be changed to another subdivision without prior
approval of the Director of Planning.
h.
There shall be no addition, tag signs, streamers, devices,
display boards, or appurtenances added to the sign as origi-
nally approved. Further, no other directional signing may be
used as posters, portable signs, vehicle signs, trailer signs
or temporary subdivision (bootleg) signs.
1.
All off-site subdivision signs not conforming to this ordi-
nance shall be deemed a public nuisance and removed prior to
the program.
A three hundred dollar ($300) cash deposit shall be placed
with the City to ensure compliance with this chapter. Any
sign placed contrary to the provisions of this chapter may be
removed by the City and the cost of removal shall be deducted
from said deposit. Additional costs incurred by the City
resulting from the removal of illegal signs shall be charged
to the developer.
j.
k.
Said sign shall be allowed until the units within the subdivi-
sion are sold out, or for a period of twenty-four (24) months,
VII 9-
(:l~~31f s
whichever occurs first. Extensions of twelve (12) months may
be approved by the Director of Planning.
VII.3
Design Standards
Each sign shall be designed with the intent and purpose of complementing the
architectural style of the main building or buildings, or type of business on the
site, and to the extent possible, signs located on commercial sites; but in a
predominantly residential area, shall take into consideration compatibility with
the residential area.
A. Relationshio to Buildinost Signs located upon a lot with only one main
building housing the use which the sign identifies, shall be designed to
be compatible with the predominant visual elements of the building, such
as construction materials, color, or other design details. Each sign
located upon a lot with more than one main building, such as a shopping
center or other commercial or industrial area developed in accordance with
a common development plan, shall be designed to be compatible with
predominant visual design elements common or similar to all such buildings
or the buildings occupied by the "main tenants" or principal uses.
The Planning Director may condition approval of any sign to require such
visual elements to be incorporated into the design of the sign where such
element (s) is necessary to achieve a significant visual relationship
between the sign and building or buildings.
B. Relationshin to other sians: Where there is more than one (1) freestand-
ing sign located upon a lot, all such signs shall have designs which are
complementary to each other by either similar treatment or incorporation
of one (1) or more of the following five (5) design elements:
1. Type of construction materials (such as cabinet, sign copy, sup-
ports);
2. Letter style of sign copy;
3. Type or method used for supports, uprights or structure on which
sign is supported;
4. Sign cabinet or other configuration or sign area; or
5. Shape of entire sign and its several components.
C. Landscacina: Each freestanding sign shall be located in a planted land-
scaped area which is of a shape, design and size (equal to at least the
maximum allowable sign area) that will provide a compatible setting and
ground definition to the sign. The planted landscaped area shall be
maintained in a neat, healthy and thriving condition.
D. Illumination and Motion: Signs shall be non-moving stationary structures
(in all components) and illumination, if any, shall be maintained by
artificial light which is stationary and constant in intensity and color
at all times (non-flashing).
E. Sian Cocv: The name of the business, use, serve and/or identifying logo
shall be the dominant message on the sign. The use of advertising infor-
mation such as lists of products (more than one product), is prohibited.
(3/1/89)
"11-10
/~~3tr~
F. Relatianshin ta Streets: Signs shall be designed so as nat to obstruct
any pedestrian, bicyclist or driver's view of right-af-way.
(3/1/89)
'\711 11.
1.2-3l;7
SECTION VIII. OFF-STREET PARKING
VULO
Purpose
All regulations set forth in this section are for the purpose of providing
convenient off-street parking space for vehicles. The parking requirements of
this section are to be considered as the minimum necessary for such uses
permitted by the respective zone.
The intent of these regulations is to provide adequately designed parking areas
with sufficient capacity and adequate circulation to minimize traffic congestion
and promote public safety. It shall be the responsibility of the developer,
owner or operator of the specific us to provide and maintain adequate off-street
parking.
The provisions and standards set forth in this section apply primarily to
non-residential uses. The standards for residential uses are included in Section
11.3, Property Development Standards. Residential Districts.
VIII.l General Provisions
A. Off-street parking facilities, for both motor vehicles and bicycles, shall
be provided for any new building constructed, for any new use established,
for any addition or enlargement of an existing building or use, and for
any change in the occupancy of an exiting building.
B. For additions or enlargement of any existing building or use, or any
change of occupancy or manner of operation that would increase the number
of parking space required, the additional parking spaces shall be required
only for such addition, enlargement, or change and not for the entire
building or use, unless required as a condition of approval of a
Conditional Use Permit.
C. The required parking facilities needed for any development shall be
located on the sarne site, or if an irrevocable access and/or parking
easement is obtained, the parking may be on an adjacent site. Property
within the ultimate right-of-way of a street or highway shall not be used
to provide required parking or loading or unloading facilities.
D. The requirements of this ordinance shall apply to temporary as well as
permanent uses.
E. All required off-street parking spaces shall be designed, located,
constructed and maintained so as to be fully usable during workday periods
or as needed by the use of the premises.
F. Where the application of these schedules results in a fractional space
then the fraction shall be rounded to the higher whole number.
G. The parking requirement for uses not specifically listed in the matrix
shall be determined by the approval body for the proposed use on the basis
of requirements for similar uses, and on any traffic engineering and
planning data that is appropriate to the establishment of a minimum
(3/1/89)
VIII 1
1:2_ 34't
requirement.
H. In the calculation of parking requirements for village centers, off-peak
hour uses from the normal operating hours of the center shall not be
counted toward the parking requirement.
I. In situations where a combination of uses are developed on a site, parking
shall be provided for each of the uses on the site according to the
schedule given in this section. Where residential and commercial uses are
mixed, reduced guest parking may be permitted by the Zoning Administrator
in consideration of shared parking with the commercial uses.
J. A maximum of 25 percent (1/4) of the parking spaces required on any site
may be provided as "compact" spaces for non-residential uses.
K. Tandem parking shall not qualify as required parking unless specifically
approved by the Planning Commission.
L. Required parking may be reduced by the Planning Commission with approval
of a Conditional Use Permit.
.lI.Wi:
VIII.2 Schedule of Off-street Parking Requirements
MINIMUM OFF-STREET PARKING REOUIRED
A. Administrative and Professional
Services as listed in Section
IILl.A.
B. Shoouina Centers and General
Commercial Uses as listed in
Section III.l.B. except as noted
below:
1. Eating & drinking establish-
ments
a. Fast food restaurants
with drive-in or drive
through
2. Gasoline dispensing and/or
automotive services stations
3. Appliance and/or furniture
stores
4. Hotels and motels
5. Auto and/or truck sales
(3/1/89)
1 space/300 square feet of gross
floor area; minimum of 4 spaces.
1 space/200 square feet of gross
floor area.
1 space/each 2.5 seats or 1 space/50
square feet of seating area where
there are no fixed seats.
1 space/each 7 seats plus one (1)
space per employee, minimum 15 spaces
and an on-site queue line for at
least eight (8) vehicles when drive
through is included.
2 spaces plus four (4) for each ser-
vice bay.
1 space/600 square feet of gross
floor area.
1 space per unit plus 1 space for
every 25 rooms or portion thereof
provided on the same lot.
1/10 the car storage capacity of the
facility.
'/111-2
/.~-3~1
6. Medical and dental offices or
clinics, veterinary offices
or clinics
7. Commercial recreation facili-
ties.
a. Bowling alleys, billiard
halls
b. Commercial stables
c. Driving range (golf)
d. Golf course (regulation)
e. Miniature golf
f.
Skating rinks
g. Tennis, handball, and
racquetball facilities
h. Theaters
(1) Motion picture
(2) Playhouse
I space/200 square feet of gross
floor area; minimum of 5 spaces.
5 spaces/alley plus 2 for each bil-
liard table plus required parking for
other uses on the site.
I space/5 horses boarded on-site.
I space/tee plus required parking for
any other uses on the site.
6 spaces/hole plus required parking
for any other uses on the site.
3 spaces/hole plus required parking
for any other uses on the site.
I space/100 square feet of gross
floor area.
3 spaces/court plus required parking
for any other uses on the site.
I space/3.5 seats.
I space/3.5 seats.
.Parking may be reduced by Director of Planning when facility is provided as a residential
development amenity, recognizing that some local residents will not drive to facilities.
c. Publio and Semi-Publio Usee
1. Day nurseries,
schools
day
care
2. Convalescent and/or nursing
homes (congregate care facil-
ities)
3. Hospitals
(3/1/89)
',tfIII-3
I space/staff member plus 1 space/5
children or I space/IO children if
adequate drop-off facilities are
provided. Drop-off facilities must
be designed to accommodate a contin-
uous flow of passenger vehicles to
safely load and unload children. The
adequacy of drop-off facilities pro-
posed shall be determined by the
Director of Planning.
1 space/3 beds.
1. 5 spaces/bed.
/52- 3_S-o
4. Educational
private
institutions,
a. Elementary and
high school
junior
1 space per employee plus 5 spaces.
b.
Senior high schools
1 space per 4 students.
0.5 space/faculty member and employee
plus 1 space/3 students.
c. Colleges and vocational
schools
d. Churches, convents, mon-
asteries, other reli-
gious institutions, and
other spaces of public
assembly
1 space/3.5 seats within the main
auditorium or 1 space/45 square feet
of gross floor area within the main
auditorium where there are no fixed
seats.
5. Public Utilities
To be determined by the Director of
Planning.
D. Manufacturina Uses
1. Manufacturing
1 space per 1.5 employees or 1
space/aOO square feet of gross floor
area devoted to manufacturing plus
the required parking for square foot-
age devoted to other uses, whichever
is greater. Ten (10) percent of the
spaces provided must be designed for
use by carpools.
2.
Research and Development
1 space/300 square
floor area. Ten (10)
spaces provided must
use by carpools.
1 space/1,000 square feet of gross
area for the first 20,000 square feet
devoted to storage plus the required
parking for square footage devoted to
other use. 1 space/ 2,000 square
feet for the second 20,000 square
feet. 1 space/4,000 square feet for
area in excess of 40,000 square feet.
feet of gross
percent of the
be designed for
3. Storage
E. Sloo19 Familv Residential and
Multinle Familv Residential
Indicated in their respective land
use districts.
1. Senior Housing Projects
1 space/bedroom (may be reduced by
city Council).
F. HandicaDoed parkina Reauirements
Handicapped parking requirements are established by the State of California.
The parking standards contained in this section are identical to those
established by the State. Any future change in the State handicapped parking
standards would preempt the requirements given in this section.
1. Handicapped parking for residential uses shall be provided at the rate
of one space for each dwelling unit that is designed for occupancy by
the handicapped.
(3/1/89)
,YIII-4,
/02-35:(
2. Handicapped parking spaces shall be provided for all uses other than
residential at the following rate:
Number of Automobile
Snacee Provided
Number of Handicapped
Spaces Reauired
1
2
3
4
5
6
7
7 + 1 for each 200
additional automobile
spaces provided
3. Handicapped parking spaces required by this section shall count toward
fulfilling automobile parking requirements.
1 - 40
41 - 80
81 - 120
121 - 160
161 - 300
301 - 400
401 - 500
Over 500
G. Bicvcle parkino Reauirements
The matrix below contains the m~n~mum bicycle parking requirements. Only
those uses identified in the matrix are required to install bicycle parking.
Bicycle parking facilities shall be stationary storage racks or devices
designed to secure the frame and wheel of the bicycle.
!In
Minimum
Bicvcle Parkina Reauired
1.
Administrative
siona1 Services
square feet of
area
and Profes-
over 20,000
gross floor
5 spaces
2. Shopping centers with 50,000
square feet of gross floor
area
1 space/33 automobile parking spaces
required
3. Eating and drinking estab-
lishments
2 spaces
a. Fast food restaurants,
coffee shops, delicates-
sens, etc.
5 spaces
4. Medical and dental offices or
clinics, veterinary offices
or clinics
2 spaces
s. Commercial Recreation
1 space/33 automobile parking spaces
required
6. Hospitals
4 spaces
7. Churches
4 spaces
(3/1/89)
VIII 5
<2 _ 35-<
H. Motorcvcle Off-Street Parkino Reouirements
Motorcycle parking areas shall be provided for all uses, except residential,
at the following rate:
1. Uses with 20 to 100 automobile parking spaces shall provide one
designated area for use by motorcycles.
2. Uses with more than 100 automobile parking spaces shall provide motorcy-
cle parking areas at the rate of one motorcycle parking area for every
100 automobile parking spaces provided.
VIII. 3
Property Development Standards: Off-street Parking
The following property development standards shall apply to all land, buildings,
and uses authorized by the Planned Community District Regulations.
A. General Reauirements
The following are minimums unless otherwise stated:
1. Residential
a. Covered in a garage or carport: 10' x 20' each space
b. Uncovered: 9' x 18.5' each space
2. All others shall use Parking Table, on following page.
3. Motorcycle parking space: 4 feet by 8 feet.
4. Bicycle parking space: 2 feet by 6 feet.
5. Automobile, handicapped, motorcycle and bicycle: All parking stalls
and maneuvering areas shall be paved and permanently maintained with
asphalt, concrete, or any other all-weather surfacing approved by
the Director of Planning and subject to current city standards.
6. Striping and Identification
a. Automobile: All parking stalls shall be clearly outlined with
double lines on the surface of the parking facility.
b. Handicapped: All handicapped spaces shall be striped and
marked according to the applicable State standards.
c. Motorcycle: All motorcycle spaces shall have bollards instal-
led and appropriately spaced to prevent automobile usage of
the motorcycle area. Motorcycle spaces shall be marked so
that they can be clearly identified for motorcycle usage.
d. Bicycle: All bicycle spaces shall be clearly identified.
(3/1/89)
VIII 6
! f)~ 3-~3
PARKING TABLE
A B C 0 E F G A B C 0 E F G
8'0" 8.0 12.0 23.0 28.3 h
8'6" 8.5 12.0 23.0 29.0 h 8'6" 20.7 18.5 9.8 59.9 55.6
O. 9'0" 9.0 12.0 23.0 30.0 h 60" 9'0" 21.0 18.0 10.4 60.0 55.5
9'6" 9.5 12.0 13.0 31.0 -- 9'6" 21.1 18.0 11.0 60.4 55.6
10'0" 100 120 23.0 31.0 h 1010" 215 18.0 11.5 610 \6.0
8'0" 14.0 12.0 23.4 40.0 31.5
8'6" 14.5 12.0 24.9 41.0 32.0 9'0. 21 0 19.0 9.6 610 57.9
20' 9'0" 15.0 12.0 26.3 42.0 32.5 70" 9'6" 21.2 18.5 10.1 60.9 57.7
9'6" 15.5 11.0 27.8 43.0 33.1 10'0' 21.1 18.0 10.6 60.4 57.0
10'0" 15.9 120 29.2 43.8 33.4
8'0" 16 5 12.0 16.0 45.0 37.1 . 9.1 64.3 62.7
8'6" 16 9 12.0 17.0 45.8 37.4 9'0" 20.3 24.0
30' 9'0" 173 12.0 18.0 46.6 37.8 80" 9'6" 20.4 24.0 9.6 64.4 62.7
9'6" 17.8 12.0 19.0 47.6 38.4 10'0" 20.5 24.0 10.2 6\.0 633
10'0" 18 2 12.0 10.0 48.4 38.7
8'6" 19.4 13.\ 11.0 \1.3 46.5 9'0" 19.0 24.0 9.0 62.0 --
45" 9'0" 19.8 13.0 11.7 52.5 46.5 90' 9'6" 19.0 24.0 9.5 62.0 --
9'6" 20.1 I ~;~ I ~ ~. ~ 53.3 46.5 10'0" 19.0 24.0 10.0 62.0 --
10'0" 120\ "0 ""
*Nin.
Std.
li'lI'"
8'6"
9'0"
Stall Widths
tompact
~ 0'-40"
7'6" .., 41.-60.
7'6" = 61._90a
Average gross area required for parking one car at
different angles:
O. '" 310 sq. ft. 30a = 310 sq.ft. 60a = 280 sq.ft.
lOa '" 350 sq.ft. 40a = 280 sq.ft. 80a = 275 sq.ft.
Wa-400sq.ft. ~az270sq.ft. 90a=275sq.ft.
A PARKIflG ANGLE
B STALL WIDTH
C ST All TO CURB
0 AISLE WIDTH
E CURS lENGTH PER CAR
F CURB TO CURB
G STAll CENTER
*Note: a) Compact space 7~' X 15' - standard.
b) Add l' in width for all stalls
adjacent to any structures.
3. Motorcycle parking space: 4 feet by 8 feet.
4. Bicycle parking space: 2 feet by 6 feet.
5. Automobile. handicapped. motorcycle and bicycle: All parking stalls
and maneuvering areas shall be paved and permanently maintained with
aspha It. concrete. or any other all-weather surfaci ng approved by
the Director of Planning and subject to current city standards.
(3/1/89) 'VIII-i'
f 2. - _3-S-y
B. Soecial Reauirements
1. Any unused space resulting from the design of the parking area shall
be used for landscaping purposes.
2. All parking lot landscaped islands shall have a minimum inside
dimension of four (4) feet and shall contain a twelve (12) inch wide
walk adjacent to parking stall and be separated from vehicular areas
by a six (6) inch high, six (6) inch wide Portland cement concrete
curb.
3. All landscaping areas shall be irrigated automatically and kept in
a healthy and thriving condition free from weeds, debris and trash.
4. All parking facilities shall have lighting in accordance with the
current City standards. The lighting shall be designed and instal-
led so as to confine direct rays to the site. Parking lot lights
shall be a maximum height of eighteen (18) feet from the finished
grade of the parking surface and directed away from the property
lines.
5. All parking facilities shall be graded and drained so as to provide
for the disposal of all surface water on the site.
6.
In any R zone
non-motorized
requirements:
except RC and RM, the parking of motorized and
vehicles shall be subject to the following
a. No motorized or non-motorized vehicle shall be parked, stored
and kept in the front yard except on land adjacent to the
driveway or in the driveway.
b. If motorized or non-motorized vehicles are to be parked,
stored, or kept on the lot, other than as permitted in "a."
above, they must be for the personal use of the resident.
VIII.4
Performance Standards: Off-street Parking
A. All parking facilities required by this ordinance shall be maintained in
good operating condition for the duration of the use requiring such
facilities. Such facilities shall be used exclusively for the parking of
vehicles. The parking facilities shall not be used for the storage of
merchandise, or for the storage or repair of vehicles or equipment.
Parking facilities shall not be used for the sale of merchandise, except
on a temporary basis pursuant to Section VI.O (Temporary Uses).
B. All shopping centers that use shopping carts shall provide convenient and
safe on-site storage areas for the shopping carts.
C. Handicap, motorcycle, and carpool parking areas, when required, shall be
located within close proximity of the entrance to the facility.
(3/1/89)
~VIII--B
1:2- 355
SECTION IX: ADMINISTRATION
IX.O
Purpose
The Land Use District Map and these Planned Community District Regulations shall
be administered as provided for herein.
IX.l Standard Procedures
A. General: The Administrative Procedures, Conditional Uses, and Variances,
Chapter 19.14 of the Chula Vista Municipal Code, shall be utilized as
applicable to the administration of the Planned Community of EastLake I.
B. Sectional Planning Areas (SPA) and Section Planning Areas Plans (SPA
Plans). The administration of SPA Plans shall be as provided for in
Section 19.48.090 through section 19.48.130 inclusive of the Chula Vista
Municipal Code, except that the Director of Planning may accept less
detail or require additional detail to suit the scope of the SPA.
IX.2 Administrative Review
A. Purpose: Certain uses may vary greatly in its effect depending on the
scope, location, or exact circumstances. In order to avoid the permitting
of these uses without any formal review, and to relieve the Planning
Commission and City Council of formally reviewing uses which have insig-
nificant or compatible effects, an Administrative Review is established.
B. Application: The Administrative Review is applicable to uses identified
on the Permitted Use matrices herein with the symbol "A".
C. Procedures: The procedure shall be as specified in Section 19.14.030,
Zoning Administration - Actions authorized without public hearing, in the
Chula Vista Municipal Code; except that in addition, the Zoning
Administrator may determine after reviewing the scope, location, or exact
circumstances of the proposed use that the formal hearing process of the
Conditional Use Permit procedure is warranted. If the Zoning
Administrator makes the determination that a Conditional Use Permit is
warranted, then the applicant shall be required to comply with the
Conditional Use Permit procedures as specified in Sections 19.14.060
through 19.14.110 inclusive in the Chula Vista Municipal Code.
IX.3 Site Plan and Architectural Approval
A. Purpose: The purpose of site plan and architectural approval is to review
proposed projects to determine compliance with the provisions of those
regulations and to promote orderly and harmonious development with good
design character.
B. Application: This approval process is applicable to projects within all
districts except RE and RS districts, where the Tentative Tract Map
approval process may be used. Single family detached units on lots
exceeding 5,000 sf (including those in the RE or RS districts) may use the
Tentative Map to satisfy the Site Plan Review Requirement. Such single
family units on lots larger than 5,000 sf may, at the discretion of the
(3/1/89)
DC1
/2 - Ss6'
developer, apply for Site Plan Review.
C. Procedures: The procedures shall be as specified in Section 19.14.420
through Section 19.14.480 inclusive.
IX.4 Other provisions
In the event that these regulations do not address any particular matter relevant
to the proper development and use of property within EastLake I, the provisions
of Title 19 of the Chula Vista Municipal Code shall apply.
(3/1/89)
IX 2
~-~7
)["\:---- ".:----e'
,. .' ,.>O'~ ':, ~\ ,,",","""""000
______________----/." ~ , ',_7 _ "--,;~-eotabli.hedwi'h.Cning
;~ OS-' I~"""" O;:~'OS-3,' ( RC-22 I~r-- 01 8.dlecent property
'\' -~~" '-/ \~\ , 'I
\ ~"-\ '- \ RE-3 ",,, _ ' .JI
\ '-l "\ \ ____ 1)/ 'OS-I'-. "'. /~
". \ /~ L.l.. ( \(//~----.,,' '<Rt.II-25'"
\ \ RE-] I \_--~--:: -:J AN . '/ \~" it
~. \ ( -" iii' RP-13 '\- r
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. ! RS~7 ~~ ,/f' 0574 \//RC-22 I, \\~- ..', ( "OS~I I' - I I'
. ~ d- RP-13/"-. i'_ ES-3" ~---:~_./l~ "'-.// I BC-2 05-2
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. J />/' '"--<' ," \.../1,1 \ ""', \-\/<~/---\ I BC-l( 'I... ...-.........
~ ~f/ J ",'" RC-12 /l \ \, \' \~-- \\ \\ ~~~ .......
\" OS-1 '/ ( RP-B \\ l' RP--8' \ ~-~_._-\\ t/ I F-1 ......
(/ ", ~,' \ VC-l \(SC_1'l'\,OS-2 BC-1 ___"
"'.'w/.$' ~ .r'- --"""'::::i=--/ OS-3 (08--5) "----\~~ ,~J ......~=-~.,_____________ ,
, i,,' 05-1 "------ \ J >'-~"'/'-':::='------- RP-8 --z.___....... '" ...."
"" ,~'_~~_~~_.\_J._~~_u-'~_--" " VC-~<__>~0//____--------.. -----..~', ~,~,\\
'V/ II, ,\'---/"/~./ "--,'~ /....
:1 ~;'o~6,_" ((Rc-1J:/ //"'\....--_j---I 08-6 " '\'~ j/ '..
II ,.,00,/, ,I [OS-8/ RP-6 jC--4\ \-'1 ) y' / .......
Os+-{'" -<~\o.J~f( c~_ VC-3 1,,1/ I ( --:=- .::/~) /// // ///'< 1 .....>
'H j ( , .~ / df "'''-.
: I I i/~-'_ //:.--.--- RP-6/_" ./ / '\~",:;i.~:i" vC~3i -..~,..,
II 'I /RC~'1~?~"- ',//// !RS-i I'RC-15):-'/ RC-22 "--, --l ,I
, ''-' .--------, , ! /
' II~----II _,OS-6.-, I i '_______ \
I' I ',,", ',.// I i I ---' \ I
I OS-4 RP-13,' RS-7 I l~j RP-6 '\
: ~i ,'I'r-__--.... JI II 'I,
OS3 ~~~ ::;I~~-~.,~~!:~~t;~ 0':~;1, o,~. ~RS-511 ~
o"t "" II '-1,/1 r~-==-='.:f;>",RS.7,\ RP-8 -'-. I
" ,r----"", OS-3,/ ,1.-_ I i,l ,"~S-6\:: :\\ "----.O~_j OS-1 '\
1// Y <=-' os-. \\ ' I RS-1 l \1::>;:. \
I II ~'Xi I --......R5-7" \.:<..", \ I
1 /1 RM-25" '--A~' \ I ", \... R.,C-10. ' 1
.:'I:'~___..__.. 'Ii,. I \ \~/ \'\ \ --\ '-:,.......,'. RC15 RS-5 \
I ' "".-.",\) \\ \ \ " -:.... :", , I,
, ,I RC-15\\ \ , ____..,
1:1"" :C-3 '~:vc~:J'_\ \ , RS-5 "') \\.:.___~;<: \
I~u_=-.___~:--~::: RS-1, I" /),.--" RS-7 __ ~
/ \,.. \ \ ,! // /:;, ../
, '\ . \ Y.-.1,/ /'!:'../ \,,',P-13\,\ ,_" ,~..
OS-3t '~", /...// \, \', -~.."
f~>~:-15 ~'J~;~~-;~1~:~;:/~...~~ (/
I \., __.-1 . :/#
O''''\.'Z ....::~
- '...:...:.:~/<:f
FU ~ ~~_
...- --~:---
-- ---
--
PROPOSED
Land Use
Districts
RESIDENTIAL
r-RE-3 ~ ResidentIal Estate - 3 District
~ Residential Estate - 3 District
~
I RP-8 I
I "0-10 I
I RP-13 I
I RC-1SI
I RC-22 I
I RM-2sj
I RM-44!
Residential Single Family - 7 District
Residential PIamecI Concept - 8 District
Residential CondomiriLm - 10 District
Residential Planned Concept - 13 District
Residential Condominium - 15 District
Residential Condominium - 22 District
Residential Multi-Family - 25 District
Residential Multi-Family - 44 District
VILLAGE CENTER
~ Village Center - West
~.~~~ Village Center - East
IVC'::3'1 Village Center - South
BUSINESS CENTER
1BC::'1l Business Center - Manufacturing Park District
1BC::21 Business Center - Manufacturing Service District
SPECIAL PURPOSE
~()penSpace-1Di8trict
I 05-2 ! Open Space - 2 District
i 05-3 I Open Space - 3 District
! 05-4 I Open Space - 4 District
I os-sJ Open Space - 5 District
LOS-s I Open Space - 6 District
I 05-7J Open Space - 7 District
~FutureUrbanDi8tricl
n
LJ
Areas being amended
Revisions by Ordinanc.. 2514
R..vlsi"",byOrdi"..nc..2481
R"ViSi""S by Ordinance 2238
Revis"",,'byOrdinance2211
~ E4STLAKE
(!J
Cinti
& As&x::iatES
6',"2:;" 'h
A PlANNED COMMUNITY BY EASTlAKE DEVELOPMENT co.
/.9- 358'
7-13.94
~
~_-: r:n-n----~-'"1"J
~ '>lQsJ I:: ~
L~ '} I",,, RS-5 _ ~Il.~
;' " "-,.>-~S 2/..' // , " LandUaeDi.lrlcltc,be
----/. ~ "" y / / 1 ---~ Ulabli.hed wIth zonIng
;____.~___a__(.:.:::........ O;:..!... 'OS-3~ ~,/' ( RC-22 I r--- of adllcent properly
.r---~...----.. r-, '-J \, '_ ,-, III
\\ ~'-\ '.., \ RE-3 '-""v/;("''-' '\ JI
\ '" \ \ _______ ] 1/05-1,"'\ /- , _----\,
"\\ RE-3 /"""...\.L__l r '\(//~~":::"''<.,'~M-251,'k'. (1/'0
. / /'>- ----~ ----<.., RS-5 1// \ ",~ " \ :- t- /1
.' \ ('/ ~\ I; RP-13 't \, ..... I
.\ '/ (--~ ////"'!_"- )\\\-- '"--n----n-+-nn
\j'\./ I~ '" \ 0,..2~ll ,;'-".~y \ \\ ~,,:~=-=_j '"'''d :
,\ \ \ .;/)) [jf-l1\ \ \ ~o,., 'e, r- I r I I
~". ~_L~' //~~, \ ,II \ \,\\ ..,1 BC-2 I BC-2
\ RS-5 I /?'/ y/ ..........,J" \ \ \\ BC~2 /l ,- Ib=~:
\'...~I (~rt:':~"'/f(, 0': Il;~,::\ \?~J~'> '. ~".) I\,",'~ 10'"
'. u /J;, ",1 'J \~!\ ~-\ '\ \ ~\..~ /~'\\~ 'I 1..: __..-,.."
, /f/.' 'N') \ \ \ \~ /'\ I.' -- "
\. 05-1 // RP-e \\ ,; RP-8 ' " \'-"/\\ _\ ,\ I F-l '"
\\ W \;~ ~/ \ _"", YC-1 I\Bc_l'1"PS-2 BC-l\\ ______ _ ....
I." B ~ __ -....:::::I.=--~ OS 3 ',', (08-6) \, c-'" --\~-"\\ "\.-L _____~_.-_~=-=:::_ ~ "-
'h/7 05-1 '-./ '\ I \". \......_,.1/ ---;:;-- RP-8 ---.::::,~-'" "'.. /.'
" \. J I 'I '.\ YC-2 ,. -- --- "'." ")"",\
\. ;-------..- _______-'n--" \\/C7~.:.'------., "':> ,/V
_\v,> !I.. )'-'//./ ___ "",-"~ ,'l'..,
,: '::c, ,\ \ .:.~, I, (RC-1J:/ //'\C.-/ l 05-8 " \~ J ' ......
- III /~.~/ II I \ 105-6/ RP-B ~s-4\ ~-) ) 'y ( ....,
, c. ....(. , I I I // "V / / //". H '
~S-2-i ~r.~/ i VC-3 1/''1 I .l ~/ ii }v/ // 4."7 "'> >...
.:;> ~ !i- -. /-.-,,~ if:' t:::~ RP-8/_ ,i / /<< /.f\\- _':'.:=2 ),~:---:::~~...._
.: I / ../'<::/.'~ ./ "IRs-'OI,I ~r-' - '''-_,.//vc-31 -"'"7
I ).." ,,/" -I I '\ RC-22 i /'------1 ,
,II ,Ir,/ i,~~~~">\~:;, /1 i J I RC-15//'-.~'____~__~___-----'_'~_ \ i
" i' ',' I "', "-// I (I I '--~, \ I
\ \ RP-13',', RS-7 I l_/ ,Ii RP-B \ .
: 1;1 0"'.\ 'If----~ I II _/---1', I
co., ~'I ','c._-'L. ,-1 05-6 ./--, /05-. I :
I" "---ll :::::;;----" '/os~ \__--::::::::----------_, ".' R5-511 1
" 1\ liRC-l01~~8~RM:;~1 ~~~ --\r--- ----'-,~ i" ~ "1
05-2t" ,I, 'I i 1 ~-=-~~ "RM-U \ _ ------...,,'______ ,
"i /0\'~ 0/S-3 .//-----jl I I ? '~S-6'\ \\ RP; 11"--0 - OS-7 'I
1 if \X, i/ 05-. II II I R5-7 I, R5-7\ \ /\, /~, ,I \
/1 ' t" I. \ \ ______, '( \' / ----';,' I
1/ RM-25~ 'f.-~' r-\\ \ \ --j " ' ,RP-8~, 'I
.':~- \'.,i I \\ \ ~- r-.' (~ ....., ',RC-15 1'15-5 I
'I' ----- ------IJ" ) \ ,.05-6 ----/ \ ' \ '\ , ~
.11' . VC-3 ~~ '..... (RC-15~~Y-=}l!:~ \ \ \ "'...................., ",-<~ ',~, ! II
1':_ ',"VC-3,', ~-// "I I ) 1'15-5 'I -~( "'--'
~_~n";""';;;".._~ ~ ! I. 1 I ) 0/ \\ ____.'__:
o 0.' : ~. 1'15-7 I, \ i) //~/ / // \\ 1'15-7 ..' '\.\\_ _./
V" I ~ \ i'-l/ / /r,,,.,,,\.. ,Y-
05-3~ ~ ,/ ____/ // \ J L -:7"
~..... RC-15 '\::-----.--1 RP-B~~ __ /~
.........." ~---,.=-~ /:-~/ \\"
.....', ~ 05-41 RP-8 .... ,,/ r:\ '.'
I ..........' I __.J .......;:""7/ . ,/
/RP-8 )~ __ ___~-___________-'
--I--c,;!,,;~:_~'.~.-:,.......~- -
- t~~~~~
Land Use
Districts
RESIDENTIAL
I RE-3 ! ResldentlaIEstate-3Dlstrict
I RS-5 I Residential Estate - 3 District
I RS-7 I
1 RP-8 1
I RC-10 I
I RP-13 I
I RC-15j
I RC--22!
I RM-25 I
I RM-44 I
Residential Single Family - 7 District
Residential PIamed Concept - 8 Disbict
ResidentlalConclon'Wi~-10[Js1rict
Residential Planned Concept - 13 DistriCt
Residential Condominium - 15 District
Residential Condominium - 22 DistriCt
Residential Multi-Family - 25 District
Residential Multi-Family - 44 District
VILLAGE CENTER
~ Village Center - West
~ Village Center - East
I VC-3 I Village Center - South
BUSINESS CENTER
~ Business Center - Manufacturing Park District
~ Business Center - Manufacturing Service District
SPECIAL PURPOSE
~ Open Space - 1 District
I OS-2 I Open Space - 2 District
I 08-3 I Open Space - 3 District
I OS-4 I Open Space - 4 District
I OS-5 I Open Space -- 5 District
I OS-6 J Open Space - 6 District
I OS-7 I Open Space - 7 District
~ Future Urban District
<$>
~
!<Y
{v<J
<<>
,,0
Rovl_by0l"drwlcfl261.
R.vlliONlby Ordlnanc.2<181
F19vIIIONlbyOrdloance2238
R.v;alonI by Or-.c.2211
~ fASTLAKE
A PLANNED COI\IIMUNITY BY EASTLAKE DEVELOPMENT CO.
~ ~~~~~
o.l.:el3I1I2~
! 2 - 3.'5 Cf
s~ril[eeut/lil~mi version
-AIR QUALITY IMPROVEMENT PLAN-
EASTLAKE GREENS SPA
SUBMITIAL DRAFT
October 27, 1992
~Wl~gl~~ll:f
Approved by City Council Resolution No. _
-Date-
Prepared for:
EASTLAKE DEVELOPMENT COMPANY
900 Lane Avenue, Suite 100
Chula Vista, CA 91914
.-
Prepared by:
JAY KNIEP LAND PLANNING
(916) 541-1817
/2- 366
Table of Contents
Paqe
I. EXECUTIVE SUMMARy................................. 1
II. INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
A.
B.
C.
D.
E.
III. AIR
A.
B.
C.
D.
E.
F.
IV. AIR
A.
B.
Purpose
Planning Context
Goals
Approach
Roles and Responsibilities
QUALITY LEGISLATION AND PLANS................. 7
Background
Air Quality Plan Requirements
Transportation Control Measures
Indirect Source Regulations
Transportation Demand Management
Public Transit Planning and Service
QUALITY IMPACTS............................... 15
Existing Climate/Air Quality conditions
Project Air Quality Impacts
V. AIR QUALITY MITIGATION MEASURES................... 24
VI. MONITORING/CONCLUSIONS............................ 26
A. Monitoring
B. Conclusion/Analysis of significance
VII. REFERENCES........................................ 27
'-4-
! .:; ~ ..3{;," (
I. BXECUTIVB SUMMARY
The purpose of this Air Quality Improvement Plan for the EastLake
Greens sectional Planning Area (SPA) is to respond to the Growth
Management policies of the city of Chula Vista. The most signifi-
cant air quality improvement measures are those policies and
regulations established at the broadest geographic level, i.e.,
State and Federal. However, there are measures that can be applied
on a city or project level which can have a positive impact. This
report presents an overview of these issues, and offers the
following improvement measures which are to be implemented at the
local level.
1. Pedestrian and Bicvcle Paths: The EastLake General Develop-
ment Plan, and subsequent SPA Plans, adopted by the city have
emphasized the use of an extensive trail system, connecting
activity centers, to enable non-vehicular travel. The project
is designed with a single loop collector connecting the
majority of residential development and simplifying internal
circulation. The clustering of "activity uses" (high school,
community park, and retail) at a central location within the
community encourages the use of non-vehicular modes of travel
to these destinations.
There has also been a suggestion that programs to encourage
pedestrian and bicycle travel could be applied, such as
reduced parking availability at retail centers. These
concepts would require city-wide debate to fully appreciate
competing goals, and are not applicable at the project level.
2. Jobs/Housina Balance: The EastLake General Development Plan,
adopted by the city, includes job opportunities, recreation,
education, retail and service commercial, and public facili-
ties within the community. Full implementation of the
community plan would minimize the length and number of
automobile trips because of the range of opportunities and
services available within the community.
3. Access To Reaional Svstems: The LOS requirements applied to
development within the EastLake Greens SPA will encourage
free-flow travel, which reduces air emissions. However, there
are those who argue that transit use is actually enhanced by
congestion. These competing approaches to air quality
improvements need to be reviewed as city-wide policy to
determine the appropriate balance.
4. Transit Access: The project circulation will improve routes
for transit. Transit stops can be incorporated where desired
at key intersections without significant plan modification.
The clustering of transit <destinations (i.e., schools,
shopping and employment) encourages the use of public transit
and simplifies routing and scheduling.
(lP/:J7/92) f{~!f~ifP~t~~~~~l
-r
/~-3-'L
5. Educational proarams: The master developer will participate
in an educational program for residents of homes within the
EastLake Greens SPA. This program could also be coordinated
as part of a larger city-wide program to inform residents of
the services and alternative transportation options available
to them.
6. Park-and-Ride Facilities: The provision of a Park-and-Ride
facility in proximity to the project is anticipated. Con-
struction of such a facility is required in the EastLake
Village Center, located just north of the project site. Such
a Park-and-Ride facility could also provide a staging area for
carpools, vanpools, and transit vehicles. This facility
should be incorporated into a city-wide system of similar
facilities coordinated with public transit routes, including
future light rail corridors.
7. Local and Reaional Air Qua1itv Reaulations: A new Air Quality
Plan is currently being formulated will supersede the 1982
SIP. This plan, which is projected for adoption prior to the
full implementation of development within the EastLake Greens
SPA, will include increased standards and regulatory measures
to mitigate this as well as other anticipated growth in the
San Diego Air Basin. EastLake will be subject to compliance
with these regulations and mitigation measures as they evolve.
8. DeveloDment Monitorina: The Design Review process provides a
point for monitoring the inclusion of on-site transit stops
and trail linkages. In addition, this development will be
subject to the ongoing monitoring programs inherent in the
ci ty I S Transportation Phasing Plan and Growth Management
Program.
These local mitigation measures might have a minimal impact on Air
Quality in quantifiable terms, but their enhancement of future
transit options and public awareness should have a greater long
term public benefit.
( 1 Q I:J 7/92) Rj(!tg;t~~*P~Y;t.l
.--r
) ~ - 3 (,:2
II. INTRODUCTION
A. Purpose
The purpose of this Air Quality Improvement Plan is to respond
to the Growth Management Policies of the city of Chula vista.
The city has looked comprehensively at issues dealing with
development and the additional impacts it places on public
facilities and services. The Growth Management Program
implements the Growth Management Element of the General Plan
and establishes an orderly process to carry out the develop-
ment policies of the city. The primary area of focus of the
Growth Management Program is east of 1-805 where most of the
remaining vacant land is located, including the project site.
B. Planning context
The planning context for this air quality plan ranges from
state-wide and regional considerations to local planning
requirements. The california Clean Air Act (CCAA) forms the
basis for most air quality management efforts. It is the
driving mechanism to the current revision to the San Diego Air
Basin Air Quality Management Plan by the regional Air Pollu-
tion control District (APCD).
At the local level, cities must carry out their fair-share
responsibilities within a day-to-day decision making framework
to ensure attainment of the regional standards and objectives.
Although specific local policies have not been adopted, Chula
vista is actively participating, through the growth management
program and other efforts, in the regional endeavor to
establish effective long term regional strategies to implement
the air quality standards and objectives.
The california Air Resources Board (ARB) has classified the
San Diego region as having a severe air pollution problem
because the region will not comply with State standards until
some time after 1997. According to the San Diego Air Pollu-
tion Control District (APCD), the major sources of air
pollutants in the region are motor vehicles and pollution
blown in from Los Angeles. Given this situation, local air
quality improvement efforts are focused on transportation
issues. To address air quality problems related to transpor-
tation, level of service standards for arterials, highways and
transit are being developed, as are goals for reducing solo
auto trips.
Actions necessary to achieve state and federal
standards, and transportation system management
transportation demand management (TDM) objectives
clean air
(TSM) and
include:
reducing solo auto trips by carpooling and using transit
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promoting telecommuting and staggered work schedules
improving transit service
building additional high occupancy vehicle lanes
coordinating traffic signals and implementing other
circulation system improvements
reducing trip lengths through jobs/housing balance, mixed
use development and focusing development near transit
stations
The regional plans required by state law are now being
prepared by SANDAG and the APCD. Although the areas of focus
are well known and alternative measures have been offered for
review and comment, specific guidelines and standards have not
yet been adopted. Thus a direct comparison or evaluation of
the measures included in this plan with regional standards
cannot be made at this time. However, because of the commer-
cial nature of this project and the transportation focus of
the specific measures expected to be adopted in the regional
plan, project level consistency will be based on operational
requirements (e.g., employee commuting, goods movement/truck
operations, etc.) and design parameters. Design parameters
will include project access and parking management/pricing
which could be a design issue (i.e., reduce parking require-
ments to create a shortage so that users would be induced to
use public transit or ride-Share). The following chapter will
more fully detail these issues.
At the local level, within Chula vista, there is no local air
quality plan. However, the city council has adopted the
Growth Management Program which requires Air Quality Improve-
ment Plans for major development projects (50 residential
units or commercial/industrial projects with equivalent air
quality impacts). This report for the EastLake Greens SPA has
been prepared to meet that requirement. Although such plans
are required, the city has not established any guidelines,
criteria, or other requirements for content or scope of such
plans. Additionally, the city has not adopted an Air Quality
Plan or element to its General Plan to establish local policy
in this area. Because no local plan exists or is in prepara-
tion, project compliance will need to be measured against the
anticipated requirements of the regional plan.
e. Goals
The following are goals of the EastLake Greens SPA Air Quality
Improvement Plan:
1. To minimize air quality.impacts during and after con-
struction of projects within the EastLake Greens SPA.
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2. To comply with the air quality standards and policies of
the city of Chula vista and San Diego county APCD.
3. ro create a framework for the design and implementation
of air quality mitigation measures in these residential
development projects.
4. To be economically efficient and cost effective.
D. Approach
The approach to air quality mitigation outlined in this plan
is focused on the strategies and measures available to
residential development projects. As will be described in the
next chapter, few transportation/ air quality improvements
measures in the state and regional plans are addressed to
these projects. The majority address transportation system
efficiency, alternative transportation modes, heavy vehicle
restrictions, and increased vehicle occupancy. None of these
are directly influenced or effected by residential develop-
ment. Some measures are available however, and these are
described and incorporated into the project as appropriate.
These include integration of land uses, construction of
facilities to support public transportation, and the provision
of private group transportation where feasible. Efforts to
educate and increase awareness of the need to minimize air
quality impacts and the opportunities to do so, will be
directed toward future residents. The roles and responsibili-
ties of all affected parties are described in the following
section.
E. Roles and Responsibilities
In order for this plan to be effective, it is necessary to
clearly assign appropriate roles and responsibilities to all
of the participants in the development and occupancy phases of
projects within the EastLake Greens SPA. There are three
primary groups involved: developer/builders; government/ser-
vice agencies; and future residents/tenants. Each has an
important role to play, as described below.
1. DeveloDer/Builders
The master developer, EastLake Development company, is
providing the basic planning, design, and management of this
program. community level transportation facilities, vehicular
and non-vehicular, will be implemented by the master develop-
er.
Individual builders will construct homes according to the
standards set by the master developer (and the city) and will
be responsible for energy planning and management within their
( 1 P /2 7/92 J 1l:!IW~I;:t~;tZ~:g~~~l
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own project. Builders will also be the primary communicators
with homebuyers. In this role, they will be responsible for
identifying the energy conservation features incorporated in
the project, and educating homebuyers regarding a continuing
conservation effort.
2. Propertv owners/Residents/Tenants
The long term success of the air quality mitigation effort
rests with residents who choose their own modes of transporta-
tion, driving habits and lifestyles. In the aggregate,
choices by residents/tenants affect the air quality in the
region more than any effort by the city or developer.
Generally, commercial and industrial are the land uses which
have significant opportunities to incorporate air quality/
transportation mitigation measures because of the concentrated
number of automobile trips associated with them. The decision
to utilize public transit or non-vehicular transportation will
rest with future residents, influenced by the availability and
convenience of such facilities.
3. Government/Service Aqencies
The city of Chula vista will review project plans and monitor
this plan. Because of its development approval role, the city
can effectively enforce transportation phasing and other
standards for new construction. Some local public transporta-
tion systems are operated under authority of the city, in
cooperation with regional operators. The city can also be a
source of on-going education and air quality awareness through
citizen communication programs.
The San Diego APCD will adopt regional air quality plans which
will implement measures to meet State and Federal standards.
Although these plans will focus primarily on transportation
issues, land use and indirect source guidelines will also be
included. State law prohibits the intrusion of the APCD on
the land use decision authority of the city, so it will be up
to the City to implement any such guidelines.
To a certain extent, the local school districts also have a
role to play based on the transportation they offer to
students. Bussing of students to school facilities, instead
of parent auto trips, can have beneficial effects in the same
way that using public transit for employment commuting reduces
total trips, improving air quality and traffic congestion.
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III. AIR QUALITY LEGISLATION AND PLANS
A. Background
Based on air quality data from the regional air quality
monitoring network, the California Air Resources Board
classified San Diego county as a "non-attainment area" for the
State Ozone (03) and Inhaleable Particulate Matter (PM10) Air
Quality Standards. In addition, the western portion of the
county was classified "non-attainment" for the State Nitrogen
Dioxide (N02) and carbon Monoxide (CO) Standards. The eastern
portion of the County is classified "attainment" for these
standards.
Ozone is the principal pollutant of concern in San Diego
County. Because violations of the CO and N02 standards are
marginal compared to the significant 03 problem, the principal
focus of the regional air quality effort will directed toward
reducing reactive organic gases and oxides of nitrogen, which
are ozone precursors.
The ARB motor vehicle pollution control program will continue
to provide significant reactive hydrocarbon, oxides of
nitrogen, and CO reductions from motor vehicles. Transporta-
tion control measures will also reduce these emissions. Since
80% of the region'S CO and 50% of the N02 pollution is from
on-road motor vehicles, this combination of measures will
substantially contribute to attaining and maintaining these
two standards. While transportation control measures and
motor vehicle emission controls will be major elements in the
CO and N02 control program, additional stationary source
control measures may be necessary to control oxides of
nitrogen.
B. Air Quality Plan Requirements
1. Involved Aqencies
The four agencies involved in the air quality planning process
are the Environmental Protection Agency (EPA), which is
responsible for the administration of the federal Clean Air
Act; the State Air Resources Board (ARB), which is responsible
for the implementation of the California Clean Air Act of
1988; the San Diego county Air Pollution Control District
(APCD), which is responsible for the development of the Air
Quality Plan mandated by the state Clean Air Act and for
regulating the emissions in the region; and SANDAG, which is
responsible for the preparation of the transportation control
measures component of the Air Quality Plan. The Plan is to be
consistent with the traffic congestion management and regional
growth management plans also being prepared by SANDAG. Within
this context of a long term strategy to be carried out by the
( 1 rJ/:J 7/92) .Uf@tR~l~~lJll
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state and the APCD, Chula vista can also do its fair share,
although it does not have a formal role in formulating the
plan. state law does provide for the delegation of adminis-
tration of APCD Regulations to local agencies if the following
conditions are met:
Measures adopted and implemented are as stringent as the
District's measures.
. The local agencies submitting an implementation plan have
sufficient resources and the District approves the plan.
The District adopts procedures to audit local agency
performance to insure compliance. The District can
revoke the delegation for inadequate performance.
Any land use provisions of the adopted plan will ultimately be
the responsibility of the City as state law prohibits the APCD
from intruding in this area.
2. Air Qualitv Standards
Attainment of air quality standards is based on federal and
state law which establishes such standards, with the state
standards more strict than federal standards (see Table 1).
Given this situation, compliance with state law will generally
lead to conformance with federal law.
The california Clean Air Act of 1988 requires that each air
district develop and submit a plan by July 1991 showing how
the district will achieve the mandated standards. In their
plans, the districts must consider all emission sources,
independent of transport into the air basin. Each district
not in attainment of the standards by 1994 must reduce non-
attainment pollutants or their precursors by an average of 5%
per year, beginning from the 1987 levels. The plan must also
demonstrate that improved air quality will be maintained after
attainment; thus, the plan must have provisions for continued
air quality improvement to accommodate growth. The plan must.
contain transportation control measures, transportation system
measures, and direct source regulations.
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Table 1
Ambient Air Quality standards
Pollutant
AVllrllging
Time
California
standard
Nat:lonal
Standard
Ozone
1 hour
0.09 ppm
0.12 ppm
Carbon Monoxide
8 hour
1 hour
Nitrogen
Dioxide
Annually
1 hour
Sulfur Dioxide
Annually
24 hour
1 hour
Suspended
Particulate
Matter (PM 10)
Annual Mean
24 hour
Sulfates
24 hour
Lead
3e days
Calendar
Quarter
Hydrogen
Sulfide
1 hour
0.03 ppm
Vinyl Chloride
(chloroet:hene)
24 hour
0.010 ppm
Visibility
Reducing
Particulates
1 observation
Visibility of
10 miles when
humidity is
<70\.
ppm - parts per million
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3. Mandated Measures
Because the San Diego region is classified "severe", specific
controls are required by state law. These are: the best
available retrofit control technology for existing sources; a
permitting program that mitigates emission increases from all
new and modified sources; reasonably available transportation
control measures; indirect and area source control measures;
and, specifically, transportation control measures to hold
vehicle emissions constant after 1997 and achieve an average
commute-time ridership of 1. 5 persons per vehicle by 1999, and
measures to achieve use of a significant number of low-
emission vehicles by fleet-operators.
If the region cannot meet the 5% annual reduction standard,
then the next best level of reduction is to be achieved. The
Act authorizes the ARB to adjust the emission reduction target
for individual areas, if two legal conditions are met. First,
the Plan must include all feasible measures and the region
must be expeditiously implementing the Plan. Based on the
currently available data, the APCD believes that the 5% annual
reduction will not be met and thus the "all feasible measures"
standard will be applied.
C. Transportation Control Measures
In November 1990, the APCD Board adopted criteria for develop-
ing a transportation control measures (TCM) plan. The plan is
being prepared by SANDAG according to the criteria of APCD,
and, once completed, the plan will be implemented through
district regulations and transportation system improvements.
The TCM criteria addressed six major areas: transportation
demand management (reduction in number vehicle trips & heavy
duty vehicle restrictions); alternative transportation mode
capacity expansion (public transit, park and ride, high
occupancy vehicle facilities & bicycle/pedestrian facilities) ;
transportation system management (traffic signals & incident
management); land use (jobs/housing balance, mixed use
development & focused development); market based incentives
(fees & taxes); and, driving restrictions.
Regulations which will be proposed to meet these criteria
could include:
1. Ride sharing and van pool programs.
2. Employer subsidized transit ticket passes.
3. Flexible work schedules to accommodate ride sharing and
transit.
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4. Telecommuting and teleconferencing.
5. Parking incentives to support ride sharing.
6. Trip management education.
7. Limiting heavy duty truck traffic during peak commute
periods and reducing the number of trips through better
fleet management.
8. Measures to reduce trips to large facilities.
In addition, the Air Quality Plan will contain transportation
system measures to attempt to reduce motor vehicle pollution
utilizing some of the following measures:
1. Adding more high occupancy vehicle by pass ramps and
lanes.
2. Improving transit services.
3. special bridge toll rates for drivers who ride share.
4. Increase bus fleets and upgrading of vehicles.
5. Development of long range policies supporting vehicle
trip reduction.
D. Indirect Source Regulations
A residential development is considered an indirect source in
that it generates/attracts motor vehicle trips, although the
homes themselves do not directly impact air quality. Because
all feasible measures will be required, indirect source
measures will be included in the Plan. The focus of these
provisions will be to reduce motor vehicle-related emissions,
although measures addressing aspects of development such as
improved energy conservation could be included. Key elements
for indirect source regulation would include the following:
1. New source review and approval prior to construction.
2. Determine if the project is consistent with the APeD Air
Quality Plan.
3. Analysis of the location, distance, time of day, vehicle
occupancy and mode split.
4. Assess the quantity of air pollutio~ which could result
from the project.
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5. Require the best available design to reduce trips,
maintain or improve traffic flow, reduce vehicle miles
traveled and implement appropriate transportation control
rileasures.
6. Define the means for monitoring results.
7. Issue a permit specifying air quality construction and
operating requirements to provide a basis for determining
on going compliance.
S. Incorporate energy conservation measures/opportunities in
new construction.
E. Transportation Demand Management
As noted earlier, other planning programs are currently
underway which should be coordinated with the Air Quality
Plan. currently, the city of chula vista is participating in
the regional effort to implement the transportation demand
management (TDM) ordinance. city staff is evaluating the
model TDM ordinance prepared by SANDAG. The near term focus
of the regional transportation demand program will be on the
largest components of the principal traffic stream including
employment travel, college and university student travel, and
goods movement. The objectives for each of the larger traffic
components are as follows:
1. The objectives of the freeway traffic element policies
and programs shall lead to the achievement of a 1. 4
average vehicle occupancy rate for all area freeways
during the principal travel period by the year 2000 and
a 1.5 average vehicle occupancy rate by the year 2010.
2. The objectives of the employment traffic element policies
and programs shall lead to the achievement of a 50% drive
alone ratio for region wide employment traffic during the
principal travel period by the year 2000 and 40% drive
along ratio by the year 2010.
3. The objectives of the college and university traffic
element policies and programs shall lead to the achieve-
ment of a 50% student drive along ratio by the year 2000;
and a 40% student drive along ratio by the year 2010.
4. The objective of the goods movement traffic. element
policies and programs shall lead to the achievement of a
25% reduction in goods movement traffic during the
principle travel period by the year 2000; and a 35%
reduction by the 2010. .
( 1 Q /2 7 " 92) l~rHI~~#l~~t~~!
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Violation of the transportation demand management ordinance as
currently proposed may constitute a violation of the Regional
Air Quality Plan.
The basic requirements of the transportation demand management
ordinance will be to require employers to prepare plans to
carry out the objectives of the program and to file annual
reports showing the degree of compliance with said standards.
In addition, each college and university will develop,
implement and promote student commute alternatives in order to
achieve the regional college university student drive along
targets.
Finally, with respect to the goods movement/trucking traffic
element, each business providing goods movement/traffic
trucking services shall develop, implement and promote a non-
peak period delivery program as well as other measures to
further reduce truck traffic during the principal travel
period which is to defined as between 6:30 a.m. to 8:30 a.m.
through 1995 after which time it shall be 6:00 a.m. to 9:00
a.m.
The draft version of Regulation XIV embodying these objectives
is currently being processed by the local air quality agen-
cies. Although it will take time to finalize and implement
the regulation, the importance of Reg. XIV in regulating some
portion of transportation-related air quality impacts is
undeniable.
F. Public Transit Planning and Service
The EastLake Community is currently served by a local bus
route, although preliminary planning for light rail service to
the region is underway. Increased use of public mass transit
is a primary objective to achieve improved air quality.
1. Current Transit service
Chula vista Transit Route 709 provides bus service to the
EastLake community. The route which began service in July
1991 has an average ridership of 150 persons per day.
Downtown San Diego commuters can make their daily trip via a
20 minute bus ride to the "H" street Trolley station and
continuing to downtown via the trolley.
until such time as the South Bay Light Rail Service is
initiated, Chula vista Transit will be the only mass transit
service to EastLake. The city does not currently have a
planned transit expansion program for developing areas in the
eastern territories. Transit O'fficia1s expect to use the MTDB
South Bay Public Transportation Plan (due in late 1992) as a
guide in phasing and expanding service to the area. The
( 1 (} / 27/92) "~!t;Mt~4Z~~%!~~
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current expansion policy, while not written, attempts to
provide bus service where sufficient ridership is available.
Funding for the Chula vista Transit service is provided by
fare box revenues (40%) and the ~% state sales tax proceeds.
2. Future Transit planninq
In March 1991 SANDAG completed the "South Bay Rail Transit
Extension Study". The report evaluated the feasibility of
extending light rail (trolley) and commuter rail service in
the South Bay. specifically the light rail service required
to serve the eastern territories of chula vista and Imperial
Beach was evaluated using cost and ridership estimates as a
measure of performance and feasibility. Potential land use
patterns to support rail transit service were also evaluated.
Three light rail corridors were determined worthy of further
study. Alternative "E" which traverses the southwest portion
of the EastLake Greens SPA and crosses the proposed alignment
of SR-125 at Palomar Road, approximately one-half mile south
of Telegraph canyon Road, has been identified as having the
best performance of all alternatives studied.
The South Bay Rail Transit Extension Study was accepted by the
SANDAG Board and a follow-up study being administered by the
Metropolitan Transit Development Board (MTDB) is currently
underway. This study, the "South Bay Public Transportation
Plan," will:
Assemble existing short range public transportation plans
for the South Bay.
Prepare a South Bay seven-year public transportation
plan.
Identify major transit facilities.
Develop a staging plan.
Study proposed guide-way transit corridors and station
locations.
Study adequacy of existing land use plans as they relate
to supporting mass transit.
No funding source has been identified for the proposed light
rail extensions and the currently programmed MTDB extensions
are currently under-funded. The State Propositions 108 and
111 which passed in 1990 have provided significant funds for
MTDB near term projects, howev'r the rail-extension project is
very long term in nature.
( 1 rJ /:J 7/9:J) ~~;'MtlJlilZ'~~e?~1
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IV. AIR QUALITY IMPACTS
This chapter discusses the Air Quality Impacts associated with the
build-out of development within the EastLake Greens SPA. Informa-
tion from the Environmental Impact Report (EIR) prepared for the
project has been utilized with some modification to reflect the
project "as approved." The EIR addressed a project totaling 3,609
residential units while the appre7e~ li~I~JI project consists of
:<1,77 4 ~ml~~..... units. ...................................................
...............-.
A. Existing Climate/Air Quality conditions
1. climate
The climate of the Chula vista area, as with all of Southern
california, is controlled largely by the strength and position
of the subtropical high pressure cell over the Pacific Ocean.
It maintains moderate temperatures and lower humidities, and
limits precipitation to a few storms during the winter "wet"
season. Temperatures are normally mild with rare extremes
above 100 degrees Fahrenheit (F) or below freezing.
Winds in the city of Chula vista are almost always driven by
the dominant land/sea breeze circulation system. Regional
wind patterns are dominated by daytime on-shore sea breezes up
to 20 miles per hour with an average of 7 miles per hour. At
night, the wind generally slows and reverses direction,
traveling towards the sea. Wind direction is altered by local
canyons, with winds tending to flow parallel to the canyons.
The on-shore flow of air provides the driving mechanism for
both air pollution transport and dispersion. The winds
described above control the horizontal transport in the
region. The interior valleys of San Diego County also have
numerous temperature inversions that control the vertical
extent through which pollutants can be mixed. When the on-
shore flow of cool, marine air undercuts a large dome of warm,
sinking air within the oceanic high pressure area, it forms a
marine/subsidence inversion. These inversions allow for good
local mixing, but act like a giant lid over the larger area.
As air moves inland, sources add pollution from below without
any dilution from above. The boundary between the cool air
near the surface and the warm air aloft is a zone where air
pollutants become concentrated. As the air moves inland and
meets elevated terrain, inland foothill communities are
exposed to many of the trapped pollutants within this most
polluted part of the inversion layer.
A second inversion type forms when cool air drifts into lower
valleys at night and pools .on the valley floor. These
radiation inversions are strongest in winter when nights are
longest and air is coldest. They may lead to stagnation of
( 1 (J /27,' 92) l!l!ffH~qJtZf~t~l}
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ground-level pollution sources such as automobile exhaust near
freeways or major parking facilities.
2. Air Ouality
To assess the air quality impact of the proposed project, that
impact, together with the baseline air quality levels, must be
compared to the Ambient hir Quality standards (AAQS). These
standards are the levels of air quality considered safe, to
protect the public health and welfare. They are designed to
protect people whose health makes them most susceptible to
respiratory distress, such as asthmatics, the elderly, very
young children, people weaken by disease or illness, and
persons engaged in strenuous work or exercise, whose are
deemed sensitive receptors. Healthy adults can tolerate
occasional exposure to air pollutant levels which exceed the
established standards.
The Clean Air Act Amendment of 1970 first established national
AAQS. states retained the option to adopt more stringent
standards or to include other pollution categories. The
initial attainment deadline of 1977 was extended to 1987 for
certain national standards, and that deadline passed with the
San Diego Air Basin (SDAB) still far from attainment. The
California Clean Air Act and a new Federal Clean Air Act have
been passed since then, both of which set forth more realistic
implementation time frames for airsheds with moderately
degraded air quality such as the SDAB. Because California
already had standards in existence prior to 1970 and because
of unique meteorological problems in california, there is
considerable difference between state and federal clean air
standards. The standards currently in effect in California
are shown in Table 1.
Air quality at any site is dependent on the regional air
quality and local pollutant sources. Regional air quality is
determined by the release of pollutants throughout the air
basin. within the San Diego Air Basin, it has been calculated
that mobile sources are the major source of regional emissions
and are responsible for approximately 73 percent of the smog
emissions in San Diego County ("Climate and Smog in San Diego
county", SOAPeD). Smog (comprised primarily of ozone)
concentrations in San Diego county exceed both federal and
state standards. In 1990 the federal standards was exceeded
on 39 days while the more stringent state standard was
exceeded on 139 days. In 1991, these days exceeding standards
fell to their lowest levels since expanded monitoring was
begun in the mid-1970's. The federal standard was exceeded on
26 days while the state standard was exceeded on 106 days.
While a combination of industrial and motor vehicle pollution
controls have provided a steady and significant improvement in
air quality, the dramatic improvements of 1991 are probably
( 1 g,. ~ 7 ,. 9 ~) ~vtgtPit~~~M~*,
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J.:< - 376
more due to favorable weather patterns than any air quality
improvement programs. In San Diego county, approximately 40%
of the state smog standard violations, three-fourths of the
federal violations, and all of the highest smog alert level
concentrations are caused by transported smog from the Los
Angeles area.
The air monitoring station closest to the project site,
operated by the SDAPCD, is on East llJ" street in Chula Vista.
The data collected at this station is considered to be
representative of the air quality experienced in the vicinity
of the project. Air quality data for 1987 through 1991 for
the Chula vista station is provided in Table 2.
The air quality data indicate that ozone is the air pollutant
of primary concern in the project area, as well as San Diego
county as a whole. Ozone is a secondary pollutant; it is not
directly emitted. Ozone is the result of the chemical
reactions of other pollutants, most importantly hydrocarbons
and nitrogen dioxide, in the presence of bright sunlight.
pollutants emitted from morning rush hour traffic react to
produce the oxidant concentrations experienced in chula vista.
Ozone is the primary component of the photochemical oxidants
and it takes several hours for the photochemical process to
yield ozone levels which exceed the standard. All areas of
the San Diego County Air Basin contribute to the ozone levels
experienced at Chula vista, with the more significant areas
being those directly upwind. The ozone levels at chula vista
have not significantly increased or decreased over the last
six years.
Particulate matter (PM10) refers to suspended particulates
which are respirable. PM10 levels in the area are due to
natural sources, grading operations, and motor vehicles. The
federal standards for particulates have not been exceeded at
the Chula vista station since before 1982.
The carbon monoxide standards have not been exceeded over the
past several years, although no clear trend in maximum carbon
monoxide concentrations is evident. Carbon monoxide is
generally considered to be a local pollutant. That is, carbon
monoxide is directly emitted from several sources (most
notably motor vehicles), and the highest concentrations
experienced are directly adjacent to the source.
Lead and sulfur oxide levels are also well below state and
federal standards. Sulfur oxide levels are not exceeded
anywhere in the San Diego Air Basin, primarily because of the
lack of major industrial sources. Due to. the introduction and
increased usage of unleaded gasoline, lead concentrations are
now well below the federal and state standards throughout the
basin.
( 1" /2 7 " 92) !!~r%;;t~.,tl~~t~~l
--H""
1-2- :317
lMo!oW'w.
:::_'l:
: .:.>0<. ;:,,",
;;.' I;
Table 2
Air Quality Levels Measured at Cbula vista
Ambient Air Monitorinq station 1987-91
Days
Max. state/Feel. std.
pollutant CA std. Fed. std. Year Level Exceeded
Ozone 0.09 ppm* 0.12 ppm 1981 0.11 15/2
for 1 hr. for 1 hr. 1988 0.22 11/4
1989 0.16 21/1
1990 0.15 21/3
1991 0.15 13/3
Inha1eab1e 50 Ilg/m' 150 Ilg/m' 1981 68 0/0
Particulate for 24 hr for 24 hr 1988 58 0/0
(PH10l 1989 69 0/0
1990 61 0/0
1991 N/A 0/0
So, 0.25 ppm 0.5 ppm 1981 0.04 0/0
for 24 hr for 24 hr 1988 0.09 0/0
1989 0.08 0/0
1990 0.06 0/0
1991 0.01 0/0
CO 20 ppm 35 ppm 1981 1.0 0/0
for 1 hr for 1 hr 1988 1.0 0/0
1989 8.0 0/0
1990 1.0 0/0
1991 1.0 0/0
NO, 0.25 ppm 0.05 ppm 1981 0.15 0/0
for 1 hr annual avg. 1988 0.21 0/0
1989 0.16 0/0
1990 0.13 0/0
1991 0.12 0/0
----------
*ppm = parts per mflllon
N/A . not avaflable
SOURCE: Roncho del Rey Commerclol Center DroIt EIR (7fZDf9Z)
-,.~. . ==~
(lP/27/92) ~yl@~!3~~~n~~~
~
/2-37?f
B. Project Air Quality xmpacts
Full development of projects within the EastLake Greens SPA
would generate approximately 38,lt2 ~~m+~~ daily automobile
trips. These trips would result in increased air emissions on
new and existing roadways. This includes trips assigned to
non-residential uses such as schools, commercial, and recre-
ation facilities. Short-term emissions from construction
activities would generate dust and diesel emissions resulting
in short-term emissions impacts.
1. Construction Impacts
Soil disturbance to prepare the project site would generate
fugitive dust during the construction phase. Soil dust is
typically chemically inert and much of the dust is comprised
of large particles that are readily filtered by human breath-
ing passages and also settle out on nearby surfaces. It
comprises more of a potential soiling nuisance than an adverse
air quality impact.
Construction activities for large development projects are
estimated by the U.S. Environmental Protection Agency to add
1.2 tons of fugitive dust per acre of soil per month of
activity. If water or other soil stabilizers are used to
control dust, the emissions can be reduced by up to 50
percent. However, fugitive dust control using water must be
balanced against the need to conserve water resources.
Currently, water conservation has taken priority. The
california ARB, in its development of area source emissions
calculations of fugitive construction dust, estimates that the
net disturbance area for single family homes is one-fourth
acre with a six month disturbance duration. Assuming the
entire EastLake Greens SPA will be graded and the average
duration will be six months, a total of 5,989 Il11& tons of
dust could be generated without application of"'aui;t control
procedures. Standard dust control utilizing reclaimed water
~~~1~e~~1~~~1;h~~1~y f~~~tI~n a~ro::::~e~~n:t:::tr"~!u;~n~~
estimated to be approximately one-third of TSP. Thus, the
project impact is probably about 99'1 I!:!I~~ tons over the
multi-year build-out period. ..........................
In addition to fugitive dust, construction activities would
also cause combustion emissions to be released from on-site
construction equipment and from off-site vehicles. hauling
materials. Heavy duty equipment emissions are difficult to
quantify because of day-to-day variability in construction
activities and equipment used. Typical emission rates for a
diesel powered scraper are provided in' Table 3, and were
obtained from the San Dieao Air Oualitv Manaaement Division
( 1 g ':2 7 ' 9:2) tl.W'Fl,DJ;~:II:I'~j..'
" .............,.,..1::-.,...,:1::._.,....1.:,.,. .,..,1:.
..'.....'.........',...........,................,.......................,....-..
~
/2-37(
Air Qualitv Handbook (April 1987). A diesel powered scraper
is the most common equipment used for grading operations.
=~wx<___~_~';<<'" .......
Table 3
Emission Rates for Grading scraper
POLLUTANT
EMISSION RATE (Grams!8 Hr.l
Carbon monoxide
Nitrogen oxides
Hydrocarbons
Sulfur oxides
Particulates
5,280
22,560
2,272
1,680
1,472
~".
The emission rates above are provided in grams per 8-hour day.
To provide a regional perspective of construction emissions
generated by projects, the projected emissions for San Diego
county (Year 2000) have been provided for comparison. These
emissions are based on construction of planned land uses and
regional transportation facilities consistent with the input
data for the forthcoming Air Quality Plan, and are given in
units of tons/day (Table 4). [909,091 grams = 1 ton]
2. Mobile Source Impacts
Impacts to air quality result primarily from automobile
emissions. The proposed project would result in an increase
in air emissions. If future development has been anticipated
in the 1982 SIP then air quality impacts are considered
mitigated by adherence to the measures as outlined in the SIP.
The proposed project is consistent with SANDAG Series VII
projections, while the 1982 SIP is based on Series V projec-
tions. Typically, series VII projections are higher than
Series V. Adherence to the policies and measures in the 1982
SIP may result in some residual impacts as not all growth has
been anticipated. However, the air quality planning process.
now underway utilizes the Series VII projections and will
result in a new Air Quality Plan that will supersede the 1982
SIP. with adoption of the new plan, the project will be in
conformance with the regional air quality plan. This plan
will include increased standards and regulatory measures based
on the anticipated growth. Because the new plan includes the
project in its baseline information, project impacts would no
longer be considered significant.
( 19/2 7/92) Ufitl;~!!I~~~t~~!
...J.G..
1:I-.3zrd
":.';0.::::1 II:':
..:...>..,.<,."".
::n.
I I
:0.:1::';:::..::.::::)(>.""__
Table 4
San Dieqo Air Basin Emission Inventory Summary
(tons/4ay)
(Preliminary Data)
1987
SOURCES
Reactive Orqanic Gases (ROGI
Solvent Use
Other Stationary Sources
Lt. Duty Passenger Vehicles
Other On-road Vehicles
Other Mobile Sources
Total ROG
Oxides of Nitroqen NOx
All stationary Sources
Lt. Duty Passenger Vehicles
Other On-road Vehicles
Ships
Other Mobile Sources
TOTAL NO,
Carbon Monoxide (COI
Fuel Combustion
other stationary Sources
Lt. Duty Passenger Vehicles
other On-road Vehicles
other Mobile Sources
TOTAL CO
Nitroqen Dioxide (NOJL
Fuel Combustion
Other stationary Sources
Lt. Duty Passenger Vehicles
Other On-road Vehicles
Ships
Other Mobile Sources
Total N02
)Ilo>>.':>..:llll'
):.:o>>.>:":'X=<<>:>.
, ~~: Xol-i<:
( 1 " '27 '92) .j'ii'tIjt])...~.'/;~:tl.n..}..
, I .....................;iii!I:........,.............
.............................. ........
..----..----.................----..--..
73.81
27.54
107.10
47.98
18.07
274.50
36.47
76.52
65.50
51.98
18.08
248.55
46.03
10.52
870.33
402.64
97.08
1,426.60
42.16
1.50
70.63
57.30
52.83
17.59
242.01
:1)(14)>:'''.:,, .:.:::<1::: ::
--2-l
1.2- 325/
2000
(27%)
(10%)
(39%)
(18%)
( 6%)
106.63
36.23
49.38
29.86
24.70
246.80
(15%)
(31%)
(26%)
(21%)
(7%)
55.97
41. 49
64.92
71.42
24.15
257.94
(3%)
(1%)
(61%)
(28%)
(7%)
60.25
13.22
519.66
290.94
134.29
1,018.37
(17%)
(1%)
(29%)
(24%)
(22%)
(7%)
63.55
2.00
38.43
56.11
72.59
23.47
256.15
1:11::'>:.
(43%)
(15%)
(20%)
(12%)
(10%)
(22%)
(16%)
(25%)
(28%)
(9%)
(6%)
(1%)
(51%)
(29%)
(9%)
(25%)
(1%)
(15%)
(22%)
(28%)
(9%)
.<<-:<<0>>
Project air quality impacts from mobile sources were estimated
in the project EIR. These estimates have been reduced to
correspond with the total ADT reduction associated with the
decrease in residential units. Emissions associated with
build-out of the SPA are presented in Table 5. The figures
can be compared with the regional daily totals provided in
Table 4.
'~,W"""""''''___'<M~_<''''>!ow.*",'.w."=',,,,,,,,,,,,~,,*_,,<~<~,,",*,,<,_.~
'1.
:::.:~....._,:."",
Table 5
Estimated Mobile Source Project Emissions
proiect Emissions
Carbon Monoxide (CO)
Nitrogen Oxides (NO.)
Sulfur Dioxide (S02)
~ I~I tons/day
1.0
0.1
Hydrocarbons (HC)
0.6
Total Suspended Particulate
Matter (TSP)
0.2
_:w:_-..
. .""''''<,~_0'__,..,~-:".,.. .,..
,:,.
wx_~__>>:<<<-",;.:
Localized air quality impacts can also result from vehicle
emissions. The volume of carbon monoxide released when a
large volume of slow moving vehicles are contained in one
small area can create air pollution "hot spots". Often such
"hot spots" can occur when intersection congestion is LOS E/F.
If traffic on Telegraph Canyon Road deteriorates to these
levels, potentially significant "hot spots" could result.
3. On-site Impacts
Emissions from residential activity including painting,
household cleaning, fumigation, gasoline powered lawnmowers,
chemicals associated with swimming pools, wood burning
fireplaces and barbecues, while not considered significant,
would have a cumulative impact on regional air quality.
Emissions from the school and park sites including the use of
gasoline powered lawnmowers, chemicals associated with
maintenance activities and classroom activities are not
considered significant on a project level, but could have
cumulative impacts on regional air quality. within the South
Coast Air Basin (Los Angeles area), regulations to prohibit or
restrict these types of air i~pacts are. being adopted. If
similar regulations are adopted in the San Diego region, the
SDAPCD (or its designee) will enforce compliance, including
the subject project.
( 1 Q /2 7/92) "~rf!!~tPiZ!~i~~)
~
IQ - 3"'2-.
v. AIR QUALITY MITIGATION MEASURES
The primary route to air quality mitigation and reduction of
project impacts to an insignificant level is conformance to the
adopted regional air quality plan. As discussed, the new Air
Quality Plan is now being prepared but specifics are unknown at
this time. To decrease project level emissions, the city of Chula
vista will adhere to recommendations made by the 1982 SIP and the
forthcoming San Diego Air Quality Plan regarding local participa-
tion in air emission reduction measures.
As is evident from the preceding discussion, the focus of local air
quality improvement measures are local sources (industrial uses)
and transportation behavior. The EastLake Greens SPA includes
primarily residential development. Residential development is not
a direct source of emissions. Thus, the project approach is to
provide alternative transportation routes, and in some cases
facilities, and encourage and/or educate residents to use them.
Specific mitigation measures required of the project are described
in EIRs 81-03, 86-04, and IS 92-04 which are incorporated by
reference. Among these, measures to decrease project-related
emissions include:
The project facilitates the use of alternative transportation
modes by promoting non-vehicular transit usage by project
residents by providing bicycle and pedestrian trails connect-
ing to all local activity centers (e.g., schools, parks,
etc.). All levels of schools (elementary to high school) are
planned wi thin the EastLake community. In addition, the
EastLake Activity Center is planned to include a variety of
retail and service commercial, entertainment and public
facility uses. Day care/church facilities and a full range of
public parks are included within the community to minimize
travel distance and encourage non-vehicular modes.
The land use plan for EastLake also includes a significant
business center to potentially reduce commute distances and
maintain an appropriate jobs/housing balance.
The location of the development projects is in close proximity
to existing and planned major transportation facilities:
Telegraph Canyon Road and SR-125. In addition, light rail
service is being planned to serve the community.
To avoid creation of air pollution "hot spots" at intersec-
tions, transportation phasing measures included in the Growth
Management Plan will be implemented to reduce potentially
significant impacts to air quality. Maintaining the LOS to C
or better will minimize the number of idling cars that are
releasing carbon monoxide into""the air. The projects will be
required to comply with the threshold standards adopted by the
city which will maintain acceptable traffic flow. Fee
( 1 () /2 7/92) !l,!~tIf~Jt~f'r~~l
p.-
12-37S3
contributions by the projects will also help fund transporta-
tion system management improvements (signal synchronization,
etc.) planned by the city and funded through development
impact fees.
To minimize air quality impacts from energy generation plants,
the project will incorporate energy conservation measures as
required by the state. Measures associated with reducing
energy for hot water heating will also contribute to water
conservation efforts.
As a component of the project water conservation program, an
on-going program of homeowner education/assistance will be
provided by the master developer (or designee). This program
can be expanded to include air quality issues; to provide
education and information to new homeowners who may be
receptive to changing their habits in conjunction with their
move to a new environment.
In addition, should new or more definitive measures be adopted
for residential development projects, either as a component of
the new regional Air Quality Plan or local regulations, these
measures will be incorporated into the projects. Because air
quality is an issue which can be effectively addressed only on
a regional (air basin) basis, the most effective approach will
be for each and every project to implement the Air Quality
Plan. EastLake Development company is committed to implement-
ing this Plan and expects such provisions to be fully imple-
mented and/or enforced by the city of Chula vista.
f 1 e '27 '92 ~ 1..iHm~D!'~lJ~JI"
I I .._,._,.._...,.,..:'l':._"...,.1.:~....':,:._._,_.,...J:.
,..".........,..".:.:.".,.,...".-.',.,.:.,...,-,.:.,-.,....,:..,-,............-.
~
}S2 -y'bL(
VI. MONITORING/CONCLUSION
A. Monitorinq
To assure compliance with project mitigation measures, city
staff will require compliance with the forthcoming San Diego
Air Quality Plan. The city General Plan also includes
policies encouraging adherence to these measures. Prior to or
as a condition of approval of the tentative map, the project
design plan would be reviewed by the city Planning Department
to insure that there are adequate bicycle facilities on-site
(per pc District regulations), and that area (s) to accommodate
mass transit vehicles are reserved within the adjacent
EastLake I village center.
Transportation control systems and development/transportation
improvement phasing is also controlled by the city of Chula
vista through the forthcoming Growth Management Plan. These
measures will address the potential impacts associated with
congested traffic on Telegraph Canyon Road. The mitigation
measures included in the Transportation Phasing Plan will be
implemented before issuance of the occupancy permit per the
Public Facilities Finance Plan.
B. conclusion/Analysis of Significance
Development of the projects will result in increased traffic
on new and existing roadways and additional air emissions.
Fugitive dust released from construction a short-term nuisance
and would not constitute a significant impact. The develop-
ment of the proposed project is consistent with SANDAG Series
VII projections and not the Series V projections associated
with the 1982 SIP which is considered a significant impact.
The SIP revision, which is currently being initiated using
Series VII projections will be completed and adopted prior to
build-out. The project will be in compliance with the
provisions of the new Air Quality Plan and impacts are
expected to be minimized. Compliance with the air quality
plan would define project impacts as less than significant.
( 1 f} 12 7,' 93) r!:!V:~;;:tP~l~~~'~}:
~
I !2 - 3 DS
VII. REFERENCES
california Air Resources Board; Answers to Common Iv Asked Oues-
tions About the California Clean Air Act's Attainment Planninq
Reauirements ICCAA Guidance Paper Ill; August 1989.
California Air Resources Board; California Clean Air Act Trans-
portation Requirements Guidance (CCAA Guidance Paper 12l;
February 1990.
California Air Resources Board; Executive Summary - California
Clean Air Act Guidance on the Development of Indirect Source
Control Proqrams; July 1990.
cinti & Associates; EastLake Greens Draft SPA Plan; May 30, 1989.
11111111.11~llillli~IIIIIJllllli~i'i;lll~i'ilii;~!li'DI."~~:;'~Mliill!E
ERC Environmental and Energy Services co.; EastLake Greens SPA
and EastLake Trails Pre-zone and Annexation Draft Supplemental
EIR; April 1989.
Giroux & Associates; Air Qualitv Improvement Plan - Teleqraph
Canyon SPA; August 6, 1991.
Robert Bein, William Frost & Associates (RBF); Draft Supplemental
Environmental Impact Report Rancho del Rev Commercial center;
July 20, 1992.
SANDAG; 1991 Air Qualitv Plan Development Process IAaenda Report
R-741; September 28, 1990.
SANDAG; Air Qualitv/Transportation control Measure Criteria
IAqenda Report R-92l; November 16, 1990.
SANDAG; Reqiona1 Oualitv of Life Factors. Standards and Qbiec-
tives IAqenda Report RB-19l; November 16, 1990.
San Diego County Air Pollution Control District; Memorandum:
Transportation Control Measure criteria; November 21, 1990.
San Diego County Air Pollution Control District; California Clean
Air Act - Air Qualitv Strateqv Development Workplan; n/d.
Ventura county Air Pollution Control District; Guidelines for the
Preparation of Air Oualitv Impact Analvses; October 24, 1989.
Willdan Associates and Bud Gray; Draft Growth Manaqement Pro-
qram - citv of Chula vista; August 1990.
( 1 e " 2 7,' 92) !llJ#g;;{~~~#!;t;t.!
1; - 3 '1-<>
E:tE'i]tee\it/l~f!'W,*n\i version
-WATER CONSERVATION PLAN-
EASTLAKE GREENS SPA
8UBM-ITI AL DRAFT
October 27, 1992
f@Yl!~~;?l~E'l~
Approved by City Council Resolution No. -
-Date-
Prepared for:
EASTLAKE DEVELOPMENT COMPANY
900 Lane Avenue, Suite 100
Chula Vista, CA 91914
,
prepared by:
JAY KNIEP LAND PLANNING
(916) 541-1817
/ ,2 - '331
Table of contents
~
I. INTRODUCTION / SUMMARY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
A. Purpose
B. Approach
c. Goals
D. Conservation Estimates
E. Roles and Responsibilities
II. WATER CONSUMPTION................................. 6
III. WATER CONSERVATION MEASURES....................... 8
A. Available On-site conservation Measures
B. conservation Measures Implemented
C. Projected Water savings
D. Off-site conservation Measures
IV. IMPLEMENTATION/MONITORING......................... 18
v. REFERENCES........................................ 19
,
.r1:2- 3'tg
x. Executive summary
A. purpose
The purpose of this Water conservation Plan for development
within the EastLake Greens sectional Planning Area (SPA) is to
respond to the Growth Management policies of the city of Chula
vista. The water conservation measures presented in this plan
are intended to respond to the long term need to conserve
water in new development; more stringent short-term, emergency
measures (e.g., water rationing, new meter moratorium, etc.)
responding to drought or water crisis situations are not
included. This plan is intended to be implemented over the
life of the project and to establish standards which will be
acceptable to future project residents regardless of water
availability.
B. Approach
The approach to water conservation outlined in this plan is
intended to be comprehensive and implemented throughout the
life of the development project. Water conservation during
construction and after occupancy are addressed, as well as the
installation of water conserving landscaping, appliances and
fixtures. Efforts to educate and increase awareness of the
need to conserve water and the opportunities to do so, will be
directed toward future residents. project participation in
regional or city-wide water conservation/mitigation programs
to provide additional off-site mitigation is also anticipated.
c. Goals
The following are goals of the EastLake Greens SPA Water
Conservation program:
1. To conserve water during and after construction of the
projects within the EastLake Greens SPA.
2. To comply with the water conservation standards and
policies of the city of Chula vista and otay Water
District.
3. To create a comprehensive framework for the design,
implementation and maintenance of water conserving
measures, both indoor and outdoor.
4. To be economically efficient and cost effective.
D. conservation Estimates
As ~etailed in this report, numerous features have been
included in the project and commitments made by the Master
Developer to minimize the use of water during the construction
( 1 Q /27/92) ll!i?~tllll~rt!JLI:
~ /52-3'$4
and habitation of development within the EastLake Greens SPA.
The estimated water consumption statistics, with and without
conservation measures are outlined in the Table 1.
Table 1
EastLake Greens SPA
Water consumption/conservation summary
Water consumption
wlo Conserv. wI Conserv.
Percent
Savinas
Residential
8.89 UCB~ 9.S1 nCB 13"
~M~!;!l.R1it;ti!\!jt\'!.}~:~\~,yJ;\I!Ef!;!;1ij@!~';Kjj!i{1ii1,~~
commercial/
Public & Quasi-public
0.09 MGO
0.08 MG01
10%
Schools/Parks
0.20 MGO
0.06 MG02
70%
0.68 MGD
0.18 MGD2
74%
Golf course/Landscape
TOTALS
1.8f; MGB 8.83 !lOB 55\
gR:~!,;MgB\:;J;jj;;;:j;;.:j;jj;!j~if1!!;19,B;,;:jj.j;;:j:.;;i;1,,;;;ji~rtj
.MOD-millioo gallons/day
I Savings based on using efficient irrigation and drought tolerant landscaping.
2savings based on using reclaimed water for irrigation.
The water savings summarized above reflect the implementation
of several water conservation measureS essentially within the
EastLake Greens SPA boundary. These measures are summarized
in Table 2. In addition, the project is committed to fully
participate in any off-site mitigation program adopted by the
ci ty . Such a program could be designed to require new
development to off-set all or a portion of their new water
demand by funding or providing water conservation improvements
in older developed areas where efficient plumbing fixtures or
irrigation systems were not installed. Funds collected could
also be spent on studying or acquiring new or improved sources
of water (e.g., expanded water reclamation, desalination,
etc.). Although such a program does not exist at the current
time, considerable work is being completed by several agencies
including the CWA, local water districts, and the City to
formulate such a plan and adoption of a region-wide program is
anticipated at a future date.
,
( 1 Q,':4 7,' 92) IliW;]~1IgJjfXlm
~ t-2 - 3 '10
Table 2
EastLake Greens SPA
Water conservation Measures
On-site Measures
Fixtures/Devices
Ultra-low Flow Toilet
Ultra-low Flow Shower Head
Faucet Aerator
Hot Water pipe Insulation
Pressure Reducing Valves
Water Efficient Dishwasher
Water Efficient Clothes Washer (advise/assist)
outdoors/Landscaping
Efficient Irrigation for Common Areas and Slopes
Low Water Use Demonstration Model Home Landscaping
Installation of Reclaimed Water Mains
Water Conserving Practices during Grading/construction
public Education/Awareness Program
HOmebuyer Information Packets
Water Conservation coordinator
Public Information seminars
Off-site Measures
The applicant shall comply with a city-approved water use offset policy,
in which one or more of the following off-site measures may be required:
1. compliance with a regional water use offset program, to be admin-
istered by the San Diego County Water Authority.
2. Compliance with a locally administered water use offset program
(such program may be administered by the City, water district, or a
combination of both).
3. Implementation of specific water use offset measures for this
project, if neither a regional or locally administered water use
offset program is in place prior to issuance of building permits for
any portion of this project.
In the event that a city-approved water offset policy is not in effect at
the time building permits are issued, the requirements of this plan shall
be met through implementation of specific water offset measures for this
project, with the level of offsets and specific measures to be approved by
the City.
'U' ':47 '92) ~~1(eveij:;V'{'''lVI)~lP
\ " .........,......_........ ..:+......:l:::...:.:.....I.
....,:.^<<.;.:<.;.>>:.:.:.:-~x"'.0'.:<.:.:..,.:'..:0..:-:...:.
1'/2- 3~ r
E. Roles and Responsibilities
In order for this plan to be effective, it is necessary to
clearly assign appropriate roles and responsibilities to all
of the participants in the development and occupancy phases of
projects within the EastLake Greens SPA. There are three
primary groups involved: developer/builders; government/ser-
vice agencies; future residents and commercial property
owners/tenants. Each has an important role to play, as
described below.
1. DeveloDer/Builders
The master developer, EastLake Development company, is
providing the basic planning, design, and management of
this program. community level facilities, landscaping
and construction standards will be designed and imple-
mented by the master developer.
Individual builders will construct homes according to the
standards set by the master developer (and the City) and
will be responsible for water planning and management
within their own project. Builders will also be the
primary communicators with homebuyers. In this role, they
will be responsible for identifying the water conserva-
tion features incorporated in the project, and educating
homebuyers regarding a continuing conservation effort.
The builder/developer will also comply with any city-wide
or regional water supply mitigation or improvement
program, if such a program is adopted.
2. ProDertv Owners/Residents/Tenants
The long term success of the conservation effort rests
with property owners who are the long term water users
within the project. Private homeowners, associations,
and public agencies will be responsible for irrigation
and landscape materials on individual lots. Builders
will incorporate water conserving systems and materials
with initial construction but it will be the responsi-
bility of the property owner/tenant to maintain these
installations and use water responsibly on a day-to-day
basis.
Land uses which have significant irrigation requirements
(i. e., golf course, schools, parks, landscaped open
space) should utilize reclaimed water when it is avail-
able. The decision to utilize reclaimed water will rest
with property owners, which are public agencies (school
district and city) in most cases.
( J (} ,':3 7 " 9:4) ll,.;aijfX!llZ$i1li~~~
:t.:.:-:,.,...:.:.;.,.","":~'y'';''~''''':':':<':'_':'':<-:-:'''W:'-
A / ~ .-3'{z..
3. Government/service Aaencies
The city of Chula vista will review project plans and
assist in the monitoring of this plan. Because of its
development approval role, the city can effectively
enforce water conservation standards for new construc-
tion. The city can also be a source of on-going educa-
tion and water awareness through citizen communication
programs.
The city, through the Interagency Water commission, will
also have a role in formulating and implementing a city-
wide or regional water conservation/mitigation program.
The otay Water District will provide domestic water
service and reclaimed water service. As the water
purveyor, the District may adopt its own guidelines or
standards for water conservation. The District now has
a water connection allocation program in effect. The
District will also monitor adherence to policies or
requirements of regional water agencies such as the
county Water Authority and the Regional Water Quality
Control Board.
As owners of property with significant irrigation needs,
the City, Chula vista Elementary School District and
Sweetwater Union High School District will have the
opportuni ty to utilize reclaimed water, when it is
available.
,
fHI '27 '92~ m....Jtivm11.)'~1~'!;~tj
, I .........x...,....~1:~...'...,~:::..,...'1,
,w-:.",...-.:..:.:,:.:-:->>:..'..,:.:-:<-:,"'.,...;."'.,....:.,,.:,..,
1 Ii< - 3i.3
:n. WATER CONSUMPTION
This section presents information on the anticipated water demand
of development within the EastLake Greens SPA. Information from
the Environmental Impact Report (EIR) prepared for the project has
been utilized with some modification to reflect the project "as
approved." The EIR addressed a project totaling 3, 609residential
units while the apprevea ~i!-$eiH consists of 2,771 ~@~W* units.
Table 4 shows the projected water use within the EastLake Greens
SPA, based on average use rates which do not reflect significant
conservation measures, categorized according to land use and
residential density based on the population estimates given in
Table 3. The primary unit of measure for water quantity used for
comparison in this report is gallons per capita per day (gpcpd).
This can be multiplied by the estimated number of persons per
dwelling unit (DU) to obtain the gallons per day per dwelling unit.
The number of persons per dwelling unit varies with the type of
unit (single family detached, attached, apartment, etc.), as shown
in Table 3.
The total projected average water use, without conservation
measures, for projects within the EastLake Greens SPA is ~ gy;~~
million gallons per day (MGD). The ability to use reclaimed water
to irrigate large areas within the EastLake Greens SPA is being
built into the project, and is addressed separately, as it is not
directly apart of the residential development. Approximately 0.64
MGD (31%) $~~~~ of the total water need could be satisfied by using
reclaimed wafer. The focus of this report is to describe conserva-
tion measures for reducing the projected ~ ~;*!:l~ MGD potable
water use within the residential development. .m........
Table 3
EastLake Greens SPA Estimated population
proposed
Units
(DUl
Household
size
pooulation
single Family Detached
1,159
~t~~,~
3.0
J,177
r;i;w~,~
Attached Med. Density
1, ~,,~~~
~i6
~L.>
2.5
.4,938
~~..~
TOTALS
;,jIL1iI.ll\l;j}Irfl.iITh..~~11!'~?f~~!tl~IJ~.;;l~i,
(l e '27 '92) 'WJfiiW;lW~~ll2i'l~I;'l
" ....."U ......."..... . ....._,:l~:if.::. ..!J.:
_..:<'.<<0....:0:-;.,,,.,,.""" .>>>>;O;'.ww,;.:.,....,.:
~
12 - 3f~
Table 4
projected Water Use in EastLake Greens SPA
Land Use
Residential
single Family Detached
Attached Medium Density
pODulation/Units
Rate
Water Use
(MGDl
,~iii
,
~.~.~
persons
130 gpcpd
110 gpcpd
&ri5
",..w.,,',,"
~...:.,u.:...
ti:it
!iR.~.
persons
Sub-total
7,515 persons
l;i;~R.e
e-r&9
OOi;~~
Commercial/
Public Quasi-public 36.7 acres 2,500 gpapd 0.09
High School: Potable 2,400 students 20 gpcpd 0.05
Irrigation 17 acres 3.0 ft/yr 0.05*
Elem. School: Potable 600 students 15 gpcpd 0.01
Irrigation 5 acres 3.0 ft/yr 0.01*
open Space OS-6 & OS-7 11 acres 2.0 ft/yr 0.02*
Other 46 acres 2.0 ft/yr 0.08
Parks 28 ac (net) 3.0 ft/yr 0.08*
Golf Course Fairways 130 acres 3.5 ft/yr 0.41*
Slopes 30 acres 2.5 ft/yr 0.07*
Clubhouse 0.10
Total Permanent Potable Use
~
I;i;!~
Total potential Reclaimed Use
0.64*
Total Water Use
.a.-...&6
Iti9.~
~ 53'3 gal/day
~:.::.::~
Average per capita use
epapd" .alloDI per acre per day
apcpd_ pIIcm per capita per day
MOD- miUioo aallOllJ per dIy
*Areas with potential to be irrigated with reclaimed water.
,
( 1 Q,' 27,' 92) ~!!f!~Ifg!f!141~.
,
( Z - 3Dj,g
xxx. Water conservation Measures
Three consecutive years of drought in watersheds supplying San
Diego county have lead to changing attitudes and governmental
policies regarding water. continued water shortfalls are projected
as growth continues in Southern California. Three possible
solutions are available: increase water supply from non-tradition-
al sources; conserve available water; or, increase production and
use of reclaimed water. The conservation approach is the focus of
this report, primarily because it is a cost effective approach
which can be directly implemented on a project-by-project basis.
Over the long-term, water conservation must become an integral
component of the Southern California way of life with or without a
drought condition in order to avoid drastic lifestyle alterations.
The potential impact of water conservation can be see in Table 5.
A. Available On-Site conservation Measures
Several general approaches to water conservation are avail-
able: demand reduction; increased eff iciency; increased
supply/reclaimed water use; and, improved water system
management. The measures included in this report are limited
to those which can be implemented in development projects of
the size and type found in the EastLake Greens SPA.
1. public Information
Any voluntary or mandatory water conservation effort
requires cooperation of the public. Most consumers have
very little knowledge of the water system that serves
them. Historically, water has been inexpensive in
California; therefore, people have a tendency to assume
that there is an abundant supply and take it for granted.
The purpose of public education is to inform and convince
the consumer that a change in personal water habits is
essential and is in his/her own and the community's best
interest. Generally, long term results are best achieved
through educating children in water conservation.
2. Land Use
The per capita and per dwelling unit water use quantity
changes with the type of residential units, the value of
the residence, and the size of the lot. Table 5 shows
typical per capita use for a single family detached
residence in coastal Southern California. Interior per
capita use is similar to other types of residences; the
major difference in use is with outside use, which is
significantly lower for high density developments such as
apartments and condominiums. Table 5 also shows the
potential savings for each of the water use areas.
(1~/27:92) ~liYtjlrmli~!z
,....a
I~ -Jlh
Table 5
Residential Water Use in Southern California
Inside Use
Typical Use
(gpcpd)
Use wi
Conservation
Measures
(gpcpd)
Potential
Water savings
(gpcpd) %
Toilet
Bath/Shower
Laundry
Dishwashing
Faucet
cooking
Total Inside
outside Use
Landscape
Car Washing,
etc.
Total outside
TOTAL USE
30.0 20.0 10.0 33
22.0 17.0 5.0 23
10.0 8.5 1.5 15
4.0 3.0 1.0 25
3.0 2.5 0.5 17
2...Q 2...Q ~ ~
72.0 54.0 18.0 25%
53.0
28.0
25.0
47
~
~
33.0
~
25.0
-5l
58.0
47%
33%
Total savings:
130.0
87.0
43.0
129 Gallons Per DU Per Day at 3.0 Capita
Per DU
108 Gallons Per DU Per Day at 2.5 capita
Per DU
86 Gallons Per DU Per Day at 2.0 Capita Per
DU
single Family Detached -
Attached Low Density
Attached High Density -
NOTE: Total savings without consideration of reclamation.
Sou=: Lukc-DudclL e.,....,.
,
(J fJ ,':1 7,' 9:1) !'f:J~ii1i1MjZ~~7~.Jl
~::...:.".>:.:.-...:.,.,.>>>:<->>,:->>.,.;.,.,.,,,.,.~;.,,.,.....:.'
If.- -517
3. Mechanical Measures
Numerous mechanical devices to reduce household water
consumption are available, especially for interior use.
As Table 5 indicates, about half the water used in
California is used indoors.
The bathroom is where most inside water is used and
wasted daily. conventional toilets use from 5 to 7
gallons per flush, as opposed to low-flush toilets, which
use from 3.3 to 1. 5 gallons per flush. Since 1978,
California has required that all new toilets installed
use no more than 3.5 gallons per flush.
Ultra low flush toilets, which have recently been
developed, use about 1.5 gallons per flush. This is a
reduction of about 57% from the low flush toilets used in
new homes, and a reduction of up to 70% from the older
toilets. since the toilet accounts for about 40% of the
indoor use, this presents a significant opportunity for
reduction.
standard shower heads have a flow rate of about 4.5
gallons per minute (gpm). California requires that new
shower heads have a flow of no more than 2.75 gpm. The
most water conservative showerheads have a flow rate of
0.5 gpm using a blend of air and water to give the
illusion of a higher flow rate. In addition to saving
water, low flow showerheads also save energy by reducing
the amount of hot water used. Hot water use is the
second largest residential energy consumer; heating and
air conditioning the home is the greatest residential
use. Low flow faucets reduce flow rates from about 5 gpm
to between 2.75 gpm and 0.5 gpm; this can save one gallon
per person per day.
Low water-use appliances can also be large contributors
to water conservation. certain models of dishwashers use
50% less water than others and can thus save between 7
and 9 gallons per load. Clothes washers use 41 to 74
gallons per load. Front loading washers are more
efficient than top loading, and various options can save
even more water. Water level controls and washers that
recycle rinse water save about 1.5 gallons per person per
day. Table 6 shows potential water use reduction due to
water saving devices installed in an average home.
,
( 1 Q,':4 7192) llilUMlf'l~'1il~~~i
.,to 1!2,37C{
Table 6
summary of Typical Household Water-Saving Devices
Device
Water Use Reduction
gpd percent
12-27
0- 1
0-12
0-20
0- 5
0- 4
1- 4
Toilet improvements
Faucet aerators
Shower flow limiting
Pressure-reducing valves
Improved clothes washers
Improved dishwashers
Hot water pipe insulation
7.5-17.5
0- 0.5
0- 7.5
0-16.0
0- 8.0
0- 8.0
0- 8.0
Approximate Total
35.0 gpd
25%
Source: Water CoDIervatioo Slntq:iea, AWWA. 1980.
4. Landscape
Approximately 50% of water used in California is for
landscapes. Typical landscape efficiencies are between
50% and 80%; therefor, savings of 20% - 50% are possible
through better watering techniques and maintenance.
Trickle/drip irrigation applies water exactly where it is
needed at an efficiency of 85% - 90%, and results in a
total water savings of more than 4% alone. Generally,
sprinklers are between 60 and 75% efficient. watering at
night, or in the early morning, using automatic sprinkler
systems can save 20% of outside water. Daytime irriga-
tion is inefficient because much water is lost to
evaporation. Through the use of drought tolerant plants,
water consumption can be reduced by 40% to 60%.
Moisture sensors are another way to increase irrigation
efficiencies. Residential customers, on the average,
over water their landscaping by about 20% while parks and
recreational areas are over watered by nearly 80%.
Moisture sensors are not considered economical for
residential use, but would save millions of gallons of
water and thousands of dollars each year if used for
parks and recreational areas. polymers and wetting
agents in the soil can also increase irrigation efficien-
cy.
,
( 1 Q,':1 7,' 92) IKl,fAf~ll~'l@~~llt:
-rr- JQ- 3f 1
B. conservation Measures Xmplemented
Implementing water conservation measures before a project is
constructed provides an opportunity to include measures which
might not otherwise be practical. Many of the measures
described here could be prohibitively expensive to retro-fit
to existing residences, but can be cost effective if included
with the initial construction. In addition, moving in to a
new home provides a major opportunity to change habits and
attitudes while adjusting to the new home/environment.
The potential water savings for each of the conservation
measures which have been and will continue to be implemented
in development within the EastLake Greens SPA are shown in
Table 7 in units of gallons per capita per day (gpcpd), and
can be multiplied by the number of people per dwelling unit
(DU) to determine the water savings for each household. Water
savings are relative to other newer homes without water
conservation devices; much higher water savings can be shown
if the proposed measures are compared to older residential
units.
1. Fixtures/Devices - Indoors
Ultra-Low Flow Toilet - The ultra low flow toilet uses
1.6 gallons per flush, compared to the current require-
ment of 3.5 gal/flush, or the older standard of 5 to 7
gal/flush. Since the toilet is the largest single inside
use of water (40%), large savings can be realized by
using the ultra-low flow toilets.
Ultra-Low Flow Shower Head - The ultra-low flow shower
head reduces the flow from the current standard of 3.5 to
2 gpm. Older shower heads flow from 3 to 5 gpm. The
ultra-low flow shower head saves about 5 gpcpd for a
minimal extra cost of approximately $3.00.
Faucet Aerator - Faucet aerators give the appearance and
feel of greater flow, so less water is used. Many new
homes already come with aerators, so the actual savings
is shown ranging from 0 to 0.5 gpcpd. Although the
savings is small, the additional cost is low, so their
use is economical. There is also potential savings in
energy through reduced use of hot water.
Hot Water Pipe Insulation - By insulating the hot water
pipes and separating the hot and cold lines to reduce
heat exchange, the time the faucet is allowed to flow
while waiting for the water to become hot is reduced.
The cost for insulating the pipes exceeds the value of
water saved, but the cost is relatively low, and it is
~imple to do while the unit is under construction. The
potential energy savings with insulation can be signifi-
cant.
(JP/27/92) I~I~~jlY<<~iZII~
-H- /2-lt.o-o
Pressure Reducina Valve - A pressure reducing valve at
the water hook-up for each residence can reduce the flow
rate by reducing the pressure in the lines. Normal
pressures for residential use range from 40 to 80 psi;
the optimum is a range of 50 to 60 psi allowing a normal
flow of 3 gpm. The amount of potential savings depends
on the line pressure available, and ranges from 0 to 3
gpcpd.
Water Efficient Dishwasher - New water efficient dish-
washers can save as much as 6 gallons per cycle over
older models. Newer models tend to be more efficient, so
the actual amount of water saved will depend on the type
of dishwasher proposed.
Water Efficient Clothes Washers The relationship
between water efficiency and cost of the appliance for
the clothes washer is the same as with the dishwasher.
Since the clothes washer uses more water, the potential
savings is greater. The major difference with the
clothes washer is that it is normally supplied by the
owner, and would therefore be difficult to mandate the
use of more efficient and costly machines, especially
since the cost increase exceeds the value of the water
saved. Home builders will advise and assist homeowners
in their selection of an efficient machine.
2. outdoors/Landscaoinq
Efficient Irriaation Svstem - As much as 50% of total
water use is outside the home for a single family
detached residence with large turf areas. Most residen-
tial landscaping is over-watered, so the poten~ial
savings with efficient, timed sprinklers and m~cro
irrigation systems is very large. All builder installed
common area/slope irrigation within the EastLake Greens
SPA will be water efficient. Drip irrigation systems
will be utilized where appropriate. The master developer
requires each home builder to provide a low water use
landscaping example within each model complex to demon-
strate the concept and methods water conservation in
landscaping to prospective homebuyers. This is one
component of an education program intended to encourage
homeowners to install efficient irrigation systems and
drought tolerant plant material in their own homes. A
Homeowner's Guide to Drought Tolerant Landscape is also
distributed to all new home buyers to provide information
on irrigation systems and low water use landscaping.
Low Water Use Landscaoinq - The largest potential for
reducing outside water use is to decrease the water
demand by using low-water use, drought-tolerant landscap-
, ing . Turf areas require large amounts of water, so
restricting the area of turf will have a significant
;lQ}27:92) l!i~tl~~;RJtI!oo
~rj-4()(
impact. As noted above, builders are required to provide
examples of front yards which have reduced turf areas and
utilize drought-tolerant plant materials. A Homeowner I s
Guide to Drought Tolerant Landscape will be distributed
to all new home buyers to educate and encourage similar
homeowner installed landscape design and materials.
3. Education
General Water Conservation - In addition to the physical
measures to reduce water consumption, a general water
conservation program will enforced to reduce waste.
Guidelines and educational materials will be distributed
to all new homeowners. Water waste may be monitored by
the homeowners' association(s), where available.
4. Reclaimed Water
Water Reclamation - Water reclamation conserves large
amounts of potable water used for irrigation. The major
opportunities for irrigation with reclaimed water are the
golf course, parks, large open space areas, and the field
area of the schools. Reclaimed water mains have been
installed to deliver water to these sites from the water
reclamation plant operated by the otay Water District.
The decision to utilize reclaimed water will lie with the
respective property owners, the city of Chula vista,
school districts, and golf course operator. Reclaimed
water is currently being utilized to irrigate the golf
course. In addition, the amount and timing of irrigation
is controlled by a computerized "weather station" which
determines the appropriate amount of water based on
current climatic conditions. The use of reclaimed water
on the golf course alone provides a ~ ~~~ savings of
potable water. The use of reclaimedx'water on all
potential sites could result in a ~ ~t~ reduction in
potable water use in the EastLake Greens"'SPA (see Table
4) .
5. Water Use Durina Construction
Water conservation measures can also be implemented
dur ing the construction/ grading process. The three
primary uses are: dust abatement; soil compaction; and,
street washing. Since the imposition of stage 2 water
conservation requirements by the otay Water District,
water conservation has been incorporated in EastLake
construction activities, as appropriate. Water use has
been limited to that necessary for proper soil compac-
tion; soiled streets have been swept instead of washed.
Reclaimed water could be used for these grading activi-
ties, when it is available.
,
" l Q,' 27,' 9 2 J MII';'[llll\llt"~.
-a I Q - 40:.1..
The use of native/naturalized plant materials on graded
slopes in open space will reduce the need for irrigation
in the future. Open space slopes within the EastLake
Greens SPA are or will be planted with drought tolerant
plant materials to reduce the need for irrigation and
maintenance.
c. projected Water savings
As indicated i~ Table 7, a t~~~l water .savi~gs of 9.385 If.~~~
MGD or approx~mately +5% ~P1f of res~dent~al water use ~s
projected with full implemJfitation of the water conservation
measures specified in this plan.
(le/27/9J) Iit.1Ii~~&l4!~R!OO
-J,-5-/~-L;63
Conservation
Measure
Table 7
EastLake Greens SPA
Water conservation Measures
Function
WATER SAVINGS
Per
Capita
(gpcpd)
For Project
(MGD)
Per
Residence
(gpd/DU)
Inside
Ultra-low flow
Toilet; 1. &
gal/flush
Ultra-low flow
shower head; 2 GPM
Faucet Aerator
Hot Water Pipe
Insulation
Water Hook-up
Pressure Reducing
Valve
Water Efficient
Dishwasher
Water Efficient
Clothes Washer
Outside
Efficient
Sprinklers & Drip
Irrigation
Low Water Use
Landscaping
General
Conservation
Subt.ot.a1
Waeer Reclamaeion
Reduced Flush
Volume
Reduced Shower
Flow Rate
Appearance and
Feel of Greater
Flow
Reduces Warm-Up
Time
Reduces Pressure
and Flow Rate
Reduced Water
Requirement
Reduced Water
Requirements
Increased
Irrigation
Efficiency
Low Water Demand
Reduce Waste
Replace Poeable
Irrigaeion Waeer
10
~
!t{~.~.~
~
,,",,0
m.::
14
1
5
8
3
4
~
litO
~~:~:
G
lit"
::::*:,::::
8
PROJECT TOTALS
,
-lo33
1;41;
( 1 e " 2 7,' 92) [tl!:Yt;ljtZ~;~!,)!I;~;
5
~
!)':!~j~
0.004
o-~
0-1
~
~t;~!iZ
~
!tj:gf~
0-1
0-1
0.008
0-1. 5
Q..-G.H,
9i!Q!;~
10
~
mi~!i
15
~
DE!I!:
0-1
~
Ri;~!i
~
ti"",...."'"
g;A~*
0.640
51
~
1'1011
"',,,...........
~ /5<-1[64
D. Off-site conservation Measures
Because of the crisis created by the mUlti-year drought in
California and the extreme short-term water rationing/use
restrictions adopted to respond to the situation, attention is
being given to formulating new policies which will conserve
water and allow for long-term growth.
As noted in the preceding sections, although the project
implements a variety of water conserving practices, the
construction and occupation of these projects will result in
an increased demand for water. The drought has demonstrated
that water is a finite resource and that current supplies
cannot reliably support current demands and unlimited contin-
ued growth. However, growth is major component of both the
state's and, especially, the local San Diego area economy. In
order to accommodate growth, while long term water supply
options are evaluated and implemented, new programs to more
efficiently use the available water are being proposed.
An initial area of focus is the retro-fit of plumbing fixtures
and landscape irrigation in existing development. According
to statistics compiled by the Construction Industry Federation
(CIF) retro-fitting the shower and toilet fixtures in approxi-
mately 2.8 older homes would save the amount of interior-use
water required by one new home (additional older homes would
be required to offset outdoor water use at the new home).
Thus a mitigation program which collected fees to complete
such conversions, or directly required equivalent conversions,
could allow a limited amount of new development to occur
without creating a net increase in water demand. Comparable
water savings could also be achieved by retro-fitting irriga-
tion systems of schools, parks, golf courses, etc., where sig-
nificant conservation of irrigation water could be achieved.
This type of water consumption off-set program has been
conceptually approved by the San Diego County Water Authority.
Additional studies to determine the exact specifications,
scope and implementation process are now underway. In order
to avoid conflicting regulations and to maximize fairness,
such a program would need to be implemented on a wide basis,
preferably county-wide. The City and local water district
would provide input in the establishment of the large scale
program and would probably provide local implementation.
As indicated earlier, several potential water offset programs
are being studied by the City of Chula vista and various water
agencies. If an offset policy is adopted in the future,
development within the EastLake Greens SPA will be required to
comply.
,
( 19,'.3 i " 92) ~!!14Z%ili'JA4'lt.
%r1.2 - L;6S
I:V. I:MPLEMENTATI:ON/MONI:TORI:NG
Implementation of the Water conservation Plan shall be primarily
the responsibility of the Master Developer. The Master Developer
will establish requirements and guidelines for merchant builders
and provide educational materials and guidance to new homeowners.
The Master Developer will also install drought tolerant landscap-
ing, approved by the city, in selected streetscapes and open space
areas. The Master Developer will also require the inclusion of
drought tolerant plant materials and efficient irrigation systems
in the majority of builder installed landscaping. Related
mitigation measures are specified in EIRs 81-03, 86-04, and IS 92-
04 which are incorporated herein by reference.
A significant responsibility will also rest with the city of Chula
vista to ensure/enforce the provisions of this plan, specifically
the planning, Building, and Park and Recreation Departments. The
planning and Building Departments will review plan submittals to
ensure that water conservation measures are properly included. The
Parks and Recreation Department will approve planting and irriga-
tion plans for public parks and open space.
Mains and laterals for reclaimed water will be installed with the
major road and infrastructure improvements. The provision of
reclaimed water is the responsibility of the otay Water District,
which will also be responsible for enforcing water quality
regulations. The determination to use reclaimed water for
irrigation purposes rests with the city Parks and Recreation
Department for parks and open space areas, and the sweetwater Union
High School District and Chula Vista Elementary School District,
for the junior high and elementary school sites.
In order to ensure that all provisions of this plan are met, the
standard review of landscape and construction documents preformed
by the city will include an evaluation of compliance with the
provisions of this Water Conservation Plan. This approach will
allow for a formal determination by the city that each of the
required measures are implemented. Future discretionary or
administrative actions with regard to development within the
EastLake Greens SPA (e. g., tentative map, building or grading
permit, etc.) may be utilized to address or ensure compliance with
the prescribed water conservation measures.
,
( J Q I':J -: " 92) rtUMiJIZZ41lfll\
~ ! d- L;6h
V. REFERENCES
.cinti & Associates; EastLake Greens Draft SPA Plan. May 30,
1989.
111"IIBIIIII!111111Uj~.~~!!'~!D1i}!I~I:!;~~~p;;:~!;~~gi.~~~!"ll~g~,Q~
ERC Environmental and Energy Services Co.; EastLake Greens SPA
and EastLake Trails Pre-zone and Annexation Draft supplemental
EIR. April 1989.
ERC Environmental and Energy Services company; Draft Supplemental
EIR EastLake III/OlYmpic Traininq Center. August 1989.
Luke-Dudek Civil Engineers; EastLake Planned community Water
conservation studY. September 1989.
Luke-Dudek civil Engineers; Water Conservation Recommendations
for EastLake Greens. November 1989.
Metropolitan Water District of Southern California; Final Draft
Reqional Urban Water Manaqement Plan. July 1990.
"Water Rationing Plan Includes S.D. county"; Los Anqeles Times.
San Dieqo County Edition, page A-1, December 12, 1990.
willdan Associates and Bud Gray; Draft Growth Manaqement Proqram
_ city of Chula vista. August 1990.
(1r?,'27,'92) Wl$.T~fCd.!l~
~/.2-4(j7
PUBUC HEARING CHECK UST
PUBUC HEARlNG DATE: ~ / I \,. I qel-
I I
SUBJECT: (L. -~ 10 ~ II (,...~ J ~ ~ S-Pt; p~ _
LOCATION: 7n_ ht.Ju. If OSI.-.J (. ..,:"1 i)\I>tv.J,. ~~ I Jr..t/.L ~ ~
. /. ,
Q<'.~ I (.\r.r,~('n,...:>L'~ OP- .' T-.~ I.J H.l" Cc..Vf-V.-3 );. ~.
2-"2../ JL
SENT TO STAR NEWS FOR PUBUCATION -- BY FAX V ; BY HAND ; BY MAIL
PUBUCATION DATE &/ <../ 'l'-t - -
MAILED NOTICES TO PROPERTY OWNERS---f'^ ~ NO. MAILED
PER GC ~54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
~ / :!,.1 q 'f
I .
LOGGED IN AGENDA BOOK
COPIES TO:
Administration (4)
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v'o.
Planning
Originating Deparonent
Engineering
v
Others
City Clerk's Office (2)
POST ON BULLETIN BOARDS
.
SPECIAL INSTRUCTIONS:
7/93
-55- / J. ......... l; 0 t
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 Chula Vista, California for the purpose of considering amendments to the
EastLake II (EastLake I expansion) General Development Plan, EastLake Greens Sectional
Planning Area Plan, EastLake II (EastLake I expansion) Planned Community District
Regulations, EastLake Greens Air Quality Improvement Plan, EastLake Greens Water
Conservation Plan, EastLake Greens Tentative Map (Chula Vista Tract 88-3) and Prezone of
approximately 22.7 acres of presently unincorporated property, located north of E. Orange
Avenue and northeast of the SDG&E easement. Following is a general description of the
proposed amendments.
EastLake II General Development Plan (GDP)
The GDP map is proposed to be amended to reflect the new alignment of Orange Avenue and
expanded boundary. Land use tables are also being amended to reflect these changes and the
changes described under the SPA Plan amendment below.
EastLake Greens Sectional Planning Area Plan (SPA)
The SPA Plan is proposed to be amended in five areas: I) boundary; 2) density; 3) trails,
4) small lot guidelines, and 5) Scenic Highway Standards.
1. Boundary Amendment: The EastLake Greens SPA boundary is proposed to be expanded
east of the SDG&E easement and north of Orange Avenue. The total area of this
expansion is 22.7 acres.
2. Density: A total of 97 du are proposed to be added to the SPA Plan due to the boundary
change. Additionally, density transfers within the SPA to reflect current planning and
market conditions/opportunities are being proposed.
3. Trails: The Golf Course Trail is proposed to be realigned off the golf course. A series
of rest stops/view points are proposed to be incorporated within the golf course trail
system.
4. Small lot guidelines: Additional design guidelines for single family detached lots under
4,000 sq. ft. are proposed to be included in the adopted SPA Plan.
5. Scenic highway standards: A 75 ft. wide (average) landscape buffer is proposed to be
provided on the north side of E. Orange Avenue within the EastLake Greens area.
EastLake II Planned Communitv District Regulations
/..2rqo{
The Land Use District map exhibit of the PC Regulations document is proposed to be amended
to reflect the new alignment of Orange A venue and the changes in land use described under the
SPA Plan above.
EastLake Greens Air Qualitv ImDrovement Plan and Water Conservation Plan
The EastLake Greens Air Quality Improvement Plan and Water Conservation Plan is proposed
to be amended to reflect updated project data.
EastLake Greens Tentative Tract MaD
The Tentative Tract Map for the EastLake Greens Neighborhood is proposed to be amended to
reflect the new boundary, the Orange A venue road alignment, and densities of the EastLake
Greens SPA Plan.
Prezone
The EastLake Greens SPA Plan is proposed to be expanded to include two presently
unincorporated areas, totaling approximately 22.7 acres. Qne is a strip of land next to and north
of Orange A venue, east of the SDG&E easement and west of Hunte Parkway. The second one
is a triangular parcel north of the SDG&E easement.
An Initial Study, IS-94-19, of possible significant environmental impact, has been conducted by
the Environmental Review Coordinator. A finding of no significant environmental impact has
been recommended and is on file, along with the Initial Study, and the proposed planning and
project documents in the office of the Planning Department. Any petitions to be submitted to
the City Council must be received by the City Clerk's office no later than noon of the hearing
date.
If you wish to challenge the City's action on this proposal 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.
For information, contact Amy Wolfe at (619) 691-5101.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday,
August 16, 1994, 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:
FILE:
August 2, 1994
PCM-94-24, PCM-94-27, PCM-93-6, PCZ-94-D, PCS-88-3A
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the Americans with Disabilities 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 leastfarty-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 information at (619) 691-5041 or Telecommunications Devices for the Deaf
(TDD) (619) 585-5647. California Relay Service is available for the hearing impaired.
I !L - 4/0
PROJECT AREA
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CHULA VISTA PLANNING DEPARTMENT
~ APPLICANT: Eastlake Development PROJECT DESCRIPTION:
EASTLAKE GREENS
ADDRESS: 900 Lane Avenue SPA IGDP I Prezone I P.C. Amendments
SCALE: FILE NUMBER:
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ORDINANCE NO.
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AN ORDINANCE OF TIlE CITY COUNCIL OF TIlE CITY OF
CHULA VISTA APPROVING TIlE PREZONING OF 22.7
ACRES OF UNINCORPORATED LAND TO P-C PLANNED
COMMUNITY (PCZ-94-D) AND ADOPTING MITIGATED
. NEGATIVE DECLARATION ON IS-94-19 AND MITIGATION
MONITORING AND REPORTING PROGRAM TIlERETO
I. RECITALS
A. Project Site
WHEREAS, the properties which are the subject matter of this ordinance are
diagrammatically represented on Exhibit 1 attached hereto, and incorporated by
this reference and located northeast of the SDG&E transmission casement, north
of E. Orange Avenue and west of Hunte Parkway adjacent to the community of
Eastlake of 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 an application requesting prezoning of approximately 22.7
acres of unincorporated land to P-C Planned Community ("Project"); and
C. Prior Discretionary Approval
WHEREAS, the Project Site has been the subject of a General Plan Amendment
(Eastlake Greens GP A 93-2) previously approved by the City Council on
December 14, 1993 by Resolution No. 17039 ("GPA"); and,
D.
plAnning Commission Record on Application
.:
WHEREAS, the pllInning Commission held an advertised public hearing on Aid
project on July 27. 1994. voted to recommend that the City Council approve the
prezone in accordance with the findings and subject to the conditions listed below.
E. City Council Record on Application
WHEREAS. a duly called and noticed public hearing was held before the City
Council of the City of Chula Vista on August 16, 1994, on the Discretionary
Approval Application, and to receive the recommendations of the plAnning
Commission, and to hear public testimony with regard to same; and
1t2./?- /
F. Discretionary Approvals Resolution and Ordinance
WHEREAS, at the same City Council meeting at which this ordinance was
introduced for first reading (August 16, 1994), the City Council of the City of
Chula Vista approved Resolution No. by which it imposed
amendments and conditions on the EastLake n (EastLake 1 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
introduced for first reading Ordinance No. by which it amended the
EastLake n (EastLake 1 Expansion) Planned Co=unity District Regulations
Land Use District .Map.
NOW, THEREFORE, the City of Chula Vista does hereby fmd, determine and
. ordain as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the pl.nning Co=ission at their
public hearing on this Project held on July 27, 1994, and the minutes and resolutions
resulting therefrom, are hereby incorporated into the record of this proceeding.
III. MITIGATED NEGATIVE DECLARATION REVIEWED AND CONSIDERED;
MITIGATION MONITORING AND REPORTING PROGRAM; FINDINGS;
APPROVALS
A. Mitigated Negative Declaration
The City Council of the City of Chula Vista has reviewed, analyzed and
considered the Mitigated Negative Declaration on IS-94-19 (known as Document
No. on me in the Office of the City Clerk) and co=ents thereon, the
environmental impacts therein identified for this project and the Mitigation
Monitoring and Reporting Program ("Program") (known as Document No. _on
me in the Office of the City Clerk) thereon prior to approving the Project. Based
on the Initial Study and co=ents thereon, the Council fmds 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 effect(s) identified in the Mitigation Negative Declaration will be
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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 COMPUANCE WITH CEQA
The City Council does hereby fmd 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 Quality Act, the State EIR Guidelines,
and the Environmental R~view Procedures of the City of Chula Vista.
V. INDEPENDENT JUDGEMENT OF CITY COUNCIL
The City Council fmds that SEIR-86-04 and Addendum and Mitigated Negative
Declaration IS-94-19 reflect the independent judgement of the City of Chula Vista City
Council.
VI. P-C PLANNED COMMUNITY PRE-ZONE FINDINGS
The City Council hereby fmds that the proposed prezoning to P-C Planned Community
is consistent with the City of Chula Vista General Plan, and that public necessity
convenience, the general welfare, and good zoning practice support the prezoning of the
Project Site to P-C Planned Community.
VII. CONDITIONAL PROJECT APPROVAL
The Zoning Maps established by Section 19.18.010 of the Chula Vista Municipal Code
are hereby amended by adding thereto the following prezoning of property pursuant to
Section 19.12.020 of said Code which zoning shall be subject to the General Conditions
set forth herein below and become effective at and upon the date the subject property is
annexed to the City of Chula Vista:
That certain property consisting of approximately 22.7 acres located. northeast of
the SDG&E easement, north of E. Orange Avenue and west of Hunte Parkway
to PC (planned Community) as shown on Exhibit #1 hereto.
VIII. GENERAL CONDmONS OF APPROVAL
The approval of the foregoing prezoning is hereby further conditioned as follows:
A. Project Site is Improved with Project
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\.
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 Ordinance.
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.
C. Implement the Mitigl!tion Monitoring and Reporting Program
Developer shall implement, or cause the implementation of, all portions of the
Mitigated Negative Declaration 1S-94-19 Mitigation Monitoring and Reporting
Program.
lX. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, of 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 Ordinance.
X. NOTICE OF DETERMINATION
The City Council directs the Environmental Review Coordinator to post a Notice of
Determination and me the same with the County Clerk.
XI. INVAlIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision and condition herein stated;
and that in the event that anyone or more terms, provisions or conditions are determined
by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this
resolution shall be deemed to be automatically revoked and of no further force and effect
ab initio.
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\ XII. EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after
its adoption.
Presented by'
Approved as to form by
Robert A. Leiter
Director of Planning
Broce M. Boogaard
City Attorney
M:\bomelplamUng\2072.94
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Eastlake
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AREAS BEING
PREZONED
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A Pl.ANNED COMMUNITY IN 1Hl CITY OF CHIlLI. VISTA
CHULA VISTA PLANNING DEPARTMENT
(!) PROJECT DElCRIPTlON:
EXHIBIT ." 1 Prezone of 22.7 acres to
Planned Community (P-C)
SCALE: FILE NUMBER: /.2 rJ ,~
NORTH N/A pez - 94 - D
ORDINANCE NO.
e2 /,~ /
AN ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO TIlE
EASTLAKE II (EASTLAKE I EXPANSION) PLANNED
COMMUNITY DISTRICT REGULATIONS (LAND USE
DISTRICT MAP ONLY) AND ADOPTING MITIGATED
NEGATIVE DECLARATION ON IS-94-19 AND MITIGATION
MONITORING AND REPORTING PROGRAM THERETO
I. RECITALS
A. Project Site
WHEREAS, the properties which are the subject matter of this ordinance are
diagrammatically represented on Exhibit 1 attached hereto and incorporated by
this reference, and located within the EastLake II (EastLake I Expansion)
Planned Community Area of the City of Chula Vista ("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on March 21, 1994, the EastLake Development Company
("Developer") flied an application requesting amendments to the EastLake II
(EastLake I Expansion) Planned Community District Regulations (known as
Document No. _ on flIe with the Office of the City Clerk) Land Use
District Map and Land Use District designations of certain areas within the
EastLake Greens Planned Community ("Project").
C. Prior Discretionary Approvals
WHEREAS, the Project Site has been in part the subject matter of a Sectional
Planning Area (SPA) Plan previously approved by City Council Resolution
No. 15199 ("EastLake Greens SPA Plan") and Planned Community (p.C.)
District Regulations previously approved by City Council Ordinance No. 2317
(EastLake II-EastLake I Expansion - Planned Community District Regulations)
on July 18, 1989.
D. Planning Commission Record on Applications
WHEREAS, the Planning Commission held an advertised public hearing on
said project on July 27, 1994, and voted to recommend that the City Council
approve the Planned Community District Regula.tion amendments in
accordance with the findings listed below.
1.2.13'/
(
The proceedings and all evidence introduced before the Planning Commission
at their public hearing on this Project held on July 27, 1994, and the minutes
and resolutions resulting therefrom, are hereby incorporated into the record of
this proceeding.
E.
City Council Record on Applications
WHEREAS, a duly called and noticed public hearing was held before the City
Council of the City of Chula Vista on August 16, 1994, on the Discretionary
Approval Application, and to receive the recommendations of the Planning
Commission, and to hear public testimony with regard to same; and,
F. Discretionary Approvals Resolution and Ordinance
WHEREAS, at the same City Council meeting at which this ordinance was
introduced for first reading (August 16, 1994), the City Council of the City of
Chula Vista approved Resolution No. _ by which it imposed 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 introduced for first reading Ordinance No. _ by which it
approved the prewning of 22.7 acres of unincorporated land to P-C Planned
Community (pCZ-94-D).
NOW, THEREFORE, the City of Chula Vista does hereby find, determine and ordain
as follows:
II. MITIGATED NEGATIVE DECLARATION REVIEWED AND CONSIDERED;
MITIGATION MONITORING AND REPORTING PROGRAM; FINDINGS;
APPROVALS
A. Mitigated Negative Declaration
The City Council of the City of Chula Vista has reviewed, analyzed and
considered Mitigated Negative Declaration IS-94-19 (known as Document No.
_ on me in the Office of the City Clerk), the environmental impacts therein
identified for this project and the Mitigation Monitoring and Reporting
Program ("Program") (known as Document No. on me 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
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I.
evidence that the Project Vlill 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 effect(s) 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 provisi9ns are complied with.
m. CERTIFICATION OF COMPUANCE WITH CEQA
The City Council does hereby fmd 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 Quality Act, the State
EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista.
IV. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council fmds that the Mitigated Negative Declaration on IS-94-19 reflect the
independent judgment of the City of Chula Vista City Council.
V. FINDINGS FOR P-C PLANNED COMMUNITY ZONE AMENDMENTS
The City Council hereby fmds that the proposed amendment to the EastLake IT
(EastLake I Expansion) Planned Community District Regulations are consistent with
the City of Chula Vista General Plan, and public necessity, convenience, the general
welfare, and good zoning practice support the amendments.
VI. CONDITIONAL APPROVAL OF ZONE AMENDMENTS
The City Council does hereby approve the Planned Community District Regulation
amendment to the Land Use District Map, subject to the General Conditions set forth
below.
VIT. GENERAL CONDmONS OF APPROVAL
The approval of the foregoing Planning Community District Regulation amendment
which is stated to be conditioned on "General Conditions" is hereby conditioned as
follows:
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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, except as
D;1odified by this Ordinance.
B. Implement Mitigation Measures
Developer shall diligently implement, or cause the implementation of the
Mitigation Monitoring and Reporting Program pertaining to the Project
identified in the; Mitigated Negative Declaration on IS-94-19.
C. Implement the Mitigation Monitoring and Reporting Program
Developer shall implement, or cause the implementation of the Mitigation
Monitoring and Reporting Piogram pertaining to the Project.
D. Contingent Upon Annexation
Approval of the Land Use District Map boundary adjustment and land use
district designations for unincorporated areas is contingent and shall become
fmal upon annexation of said properties to the City of Chula Vista.
VIII. CONSEQUENCE OF FAILURE OF CONDmONS
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 rightto
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.
IX. 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.
x. INVAlIDITY; AUTOMATIC REVOCATION
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It is the intention of the City Council that its adoption of this Ordinance 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.
XI. EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after
its adoption.
Presented by
Robert A. Leiter
Director of Planning
(f:lhomolp!annin&IEL2p=&.ord)
Approved as to form by
Bruce M. Boogaard
City Attorney
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A PlMNED Cot.'M..NlTY fr( EASlI.AKE llEVElOI'MfNI co
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I CHULA VISTA PLANNING DEPARTMENT
C) PROJECT DESCRIPTION:
EXHIBIT.,. 1 );J.8,& Eastlake II (Eastlake I Expansion)
Planned Community District
SCALE: FILE NUMBER: Regulations Land Use Districts
NORm NIA PCM-94-24 Map Amendment
RESOLUTION NO.
J '7&/~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AND IMPOSING AMENDMENTS AND
CONDITIONS ON THE EASTLAKE II (EASTLAKE 1 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 SUBDMSION 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 and
incorporated by this reference, identified as the EastLake General Development
Plan Area and EastLake Greens SPA Plan Area, and located 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 applications for an amendment to: 1) the EastLake II
(EastLake 1 Expansion) General Development Plan (known as Document No.
_ on file with the Office of the City Clerk), 2) the EastLake Greens Sectional
Planning Area Plan (known as Document No. _ on file with the Office of
the City Clerk), 3) the EastLake Greens Air Quality Improvement Plan (known
as Document No. on file with the Office of the City Clerk), 4) the
EastLake Greens Water Conservation Plan (known as Document No. -on
file with the Office of the City Clerk), and 5) the EastLake Greens Master
Tentative Map (known as Document No. on file with the Office of the
City Clerk) ("Project"); 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 (EastLake 1 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; (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; and, 4) an Air
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.
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, the 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 before the City
Council of the City of Chula Vista on August 16, 1994, on the Discretionary
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. prezoning 22.7 acres of
unincorporated land to P-C (planned Community) and Ordinance No.
amending the Eastlake n (Eastlake I Expansion) Planned Community District
Regulations Land Use District Map.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby frod,
determine and resolve as follows:
n. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on this project held on July 27, 1994, and the minutes and resolutions
resulting therefrom, are hereby incorporated into the record of this proceeding.
m. MITIGATED NEGATIVE DECLARATION REVIEWED AND. CONSIDERED;
MITIGATION MONITORING AND REPORTING PROGRAM; FINDINGS;
APPROVALS
A. Mitigated Negative Declaration
The City Council of the City of Chula Vista has reviewed, analyzed and
considered Mitigated Negative Declaration on IS-94-19 (known as Document
No. _ on file in the Office of the City Clerk) and comme~ thereon, the
-2-
;J.c-.;..
environmental impacts therein identified for this project and the Mitigation
Monitoring and Reporting Program ("Program") (known as Document No. -
on me in the Office of the City Clerk) thereon prior to approving the Project.
Based on the Initial Study and comments thereon, the Council fmds 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 frods that the significant
environmental effect(s) 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 WITIl CEQA
The City Council does hereby fmd 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 Quality Act, the State ElR
Guidelines, and the Environmental Review Procedures of the City of Chula Vista.
V. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council frods that Mitigated Negative Declaration IS-94-19 reflects the
independent judgment of the City of Chula Vista City Council.
VI. GDP FINDINGS
A. TIlE PROPOSED DEVELOPMENT AS DESCRIBED BY TIlE GENERAL
DEVELOPMENT PLAN IS IN CONFORMITY WITIl TIlE PROVISIONS OF
TIlE CHULA VISTA GENERAL PLAN.
The amended EastLake n (EastLake I Expansion) General Development Plan
reflects land use densities and circulation system design that are 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 WITIIIN TWO YEARS OF TIlE ESTABliSHMENT OF TIlE
PLANNED COMMUNITY ZONE.
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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. TIIE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT. THAT
SUCH DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL
ENVIRONMENT OF SUSTAINED DESlRABlllTY AND STABlllTY; AND
THAT IT WILL BE IN HARMONY WITH OR PROVIDE COMPATIBLE
VARIETY TO TIIE CHARACTER OF TIIE SURROUNDING AREA. AND
THAT TIIE SITES PROPOSED FOR PUBUC FACIUTIES. SUCH AS
SCHOOLS. PLAYGROUNDS AND PARKS. ARE ADEQUATE TO SERVE
THE ANTICIPATED POPULATION AND APPEAR ACCEPTABLE TO TIIE
PUBUC 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 TIIE 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 DESIRABIUTY AND STABIUTY; AND. THAT SUCH
DEVELOPMENT WILL MEET PERFORMANCE STANDARDS
EST ABUSHED BY THIS TITLE.
The amendments 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. TIIE STREETS AND THOROUGHFARES PROPOSED ARE SUITABLE
AND ADEQUATE TO CARRY TIIE ANTICIPATED TRAFFIC THEREON.
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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
ECONOMICALLY AT THE LOCATION(S) 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 previously 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.
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 Development Plan and the Chula Vista General
Plan.
B. THE EASTLAKE GREENS SECTIONAL PLANNING AREA PLAN. AS
AMENDED WILL PROMOTE THE ORDERLY SEQUENTIALlZED
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 EastLake 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 Quality
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 QUAUTY.
(
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The land uses within the EastLake Greens SPA area represent the same uses
approved by the EastLake D (EastLake I Expansion) General Development Plan.
Vlll. TENTATIVE SUBDMSION MAP FINDINGS
A. PuXsuant to Government Code Section 66473.5 of the Subdivision Map Act, the
City Council fmds 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 dulac) 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 D1F 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 siDgle-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.
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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
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, as amended, will not increase the need for
additional police and fire personnel.
h. Noise Element
Noise mitigation measures included in the Environmental Impact Report
SElR-86-04 and Mitigated Negative Declaration 15-94-19 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 certiftes
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 partia1ly 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.
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X.
GENERAL CONDITIONS OF APPROVAL
I
,
The approval of the foregoing Discretionary Approvals Amendments which are stated
to be conditioned on "General Conditions" are hereby conditioned as follows:
. ..
A. Project Site is Improved with Project
Developer, or their successors in interest, shall improve the Project Site with the
Project as described in the 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 15-94-19.
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 stage 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 and Golf Course Vista Point design shall be
subject to review and approval by the Director of Parks and Recreation
.and the Director of Planning. Detailed 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.
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shall be improved prior to or concurrently with each development
proposal.
B. Tentative Subdivision Map Conditions
Prior to approval of the associated/applicable final map, unless otherwise
indicated, the developer shall:
GENERALIPRELIMINARY
1. Comply with all unfulfilled condition 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.
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 shaH
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 andlor 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.
4. Design southerly knucIde on Street PP to conform to City design
standards.
5. Provide to the City a letter from Otay Municipal Water District
indicating that the assessmentslbonded indebtedness for all parcels
dedicated to the City have been paid or that no assessments exist on the
parcel(s).
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.
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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, 21-
23,26,27,30,31, or as approved by the City Engineer.
(
8. Construct an 8' 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.
c. Clubhouse Drive - along the northerly boundary of Unit 27.
Provide additional right-of-way and/or 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 adopted by
Resolution 17491, and the Agreement to Provide Sewer Pump Station
Maintenance for the Eastiake 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.
11. 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).
After said notification the developer shall:
a. Have all easements and/or right-of-way documents and plats
prepared and appraisals complete which are necessary to
commence condemnation proceedings.
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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 and 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 purview of Section
66462.5 of the State Subdivision Map Act will be waived if the City
does not comply with the 120 day time limitation specified in the section
of the Act.
(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 OrangefHunte 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 no~rosive flow velocities.
17. Design and line desilting basins with concrete to the satisfaction of the
City Engineer.
18. Provide an updated soils report or an addendum to the original
document prepared by a registered engineer, as required by the City
Engineer.
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(
OPEN SP ACE/ASSESSMENTS
19. Agree to grant in fee to the City public access easements over paved
walkways to Golf Course Trail vista points as approved by the City
Engineer and the Director of Parks & Recreation Department.
. 20. Request annexation into Eastlake Maintenance District #1 of all areas
within the tentative map boundary not currently included in the district
prior to approval of the first imal map which includes said areas.
Deposit $3,000 to initiate annexation proceedings. Pay all costs of
proceedings.
21. Grant in fee to the City all open space lots shown on the approved
tentative map to be granted to the City and execute and record a deed
for each lot.
22. Submit a list of all facilities located on open space lots proposed to be
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 T Jlnd<C'.ape
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 T JlM<C'.ape Architect to guarantee
installation maintenance of said l~nrl<C'.aping. .
24. Pay additional fees on a fair-share basis into the Assessment District
Numbers 90-3. 91-1 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.
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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 $4O/unitldistrict to cover costs prior to approval of a fInal
map for the unit being flnaled.
27. Prepare a disclosure form to be signed by the home buyer
acknowledging that additional fees have been paid into the Assessment
District or the 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.
28. Submit all disclosure forms for the approval of the City Engineer.
29. The configuration of open space lot "DDD" shall be maintained as
originally approved.
30. The Tentative Subdivision Map shall be revised to incorporate a 75'
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 planes) 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-I0 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 pror....ning 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 Council or 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 proc....ning and 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.
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34. 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 aIid 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.
35. Comply with the terms and conditions of the AcquisitionIFinancing
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.
MISCELLANEOUS
36. Tie the boundary of the subdivision to the California System -Zone VI
(1983).
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 coordinate
geometry calculations and submit the information in accordance with the
City Guidelines for Digital Submittal in duplicate on 5-112 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 REQUIREMENT 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. File flow of 1,000 gpm shall be mll;ntained within the Project area.
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3.
Fire Department access roads shall be a minimum of 20' wide and
constructed with an all-weather driving surface.
I
,
XIII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their tenDS, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their tenDS, 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 Coordinator to post a Notice of
Determination and file the same with the County Clerk.
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 tenDS, provisions or conditions are
determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable,
this resolution shall be deemed to be automatically revoked and of no further force and
effect ab initio.
Presented by
Approved as to form by
Bruce M. Boogaard
City Attorney
Robert A. Leiter
Director of Planning
(f:_~'''')
-15- /~ c- ;5'
General
Development
Plan
(PROPOSED)
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o Areas being amended
~ EASTLAKE
. "'>J'HO CQl>M.t<lTV II' ~ ~ CC
eHULA VISTA PLANNING DEPARTMENT 1
C!) "IOJECT OUC,I\'TION:
EXHmIT ." 1 Eastlake D (Eastlake I Expansion)
General Development PIaD
IC4LE: FILE NUMIEII: Amendment /.;. C ... / .
NORlt1 N/A peM . 94 . 24
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CHULA VISTA PLANNING DEPARTMENT
C) PROJECT DESCRIPTION:
EXHIBIT +2 Eastlake Greens Sectional Planning
Area (SPA) Plan Amendment
.
BCALE: FILE NUMBER: /1..(' -/7
NORTH N/A PCM - 94 - 27
.
COUNCIL AGENDA STATEMENT
Item 13/i.
Meeting Date 8/16/94
TITLE:
PUBLIC HEARING Consideration of Program Changes to Residential
Yard Waste Recycling Services From an Options Program to a Universal
Mandatory Rate Structure
(1(.,1~
RESOLUTION Approving a Universal Residential Yard Waste Collection
Rate Change to $1.48 Per Single-Family Home
, f/
Deputy City Manager Krempl &;
Conservation Coordinator ~Vl
City Manager [}
(4/Sths Vote: Yes_ NoX)
SUBMITTED BY:
REVIEWED BY:
The City's residential yard waste collection program began 1/1/94 as a unique "options" program
which allows single-family residents the choice of how they will participate, based on their own
assessment of their yard waste needs. Options provided included: I) ongoing and regular
collection- subscription for weekly service through Laidlaw, 2) occasional or seasonal collection-
$1 stickers entitle resident to pick -up by Laidlaw as needed, 3) no yard waste- no action needed.
A review of the participation, costs and revenue of the first six months of the voluntary "options"
program show that costs are far exceeding revenue and continuation of the program is dependent
upon a rate adjustment to cover collection and processing costs. Attachments A, B and C are
letters from Laidlaw (7/18/94,7/26/94 and 7/27/94) requesting consideration of an amendment to
the yard waste fee structure effective 9/1/94 which would involve a change to a universal
mandatory rate structure to be spread to all single-family residents.
This report discusses the pros and cons of making such a change, the field audit and research
conducted by City staff which supports the recommendation, implications of not approving a rate
change, and the specific actions and public outreach services to which Laidlaw is committed in
order to ensure as smooth. a transition as possible.
RECOMMENDATION: Approve the resolution changing the residential yard waste
program to a universal mandatory rate structure and changing the rate to $1.48 per single
family home effective 9/1194. An alternative would be to delay this increase until 10/1/94 or
such time as the San Diego Solid Waste Authority increases tipping fees for non-member cities.
This action is not recommended for reasons described herein.
BOARD/COMMISSION RECOMMENDATION: Not applicable.
\ ~A- \
Page 2, Item Il>A
Meeting Date 8/16/94
DISCUSSION:
When the current yard waste program was originally approved in September, 1993 to begin in
January, 1994, the voluntary "options" program appeared to offer Chula Vista residents a unique
opportunity to have control over their costs based on their needs. Although the "options" concept
was a positive attempt to offer alternative levels of service in an era of ever increasing diversion
mandates and commensurate costs, the approach was quite new and had no "track record" of actual
performance. It was clear that close monitoring of the program's results would be important to
determining effectiveness and provide guidelines for appropriate changes.
In addition, to assure as much flexibility as possible for the City to respond to needed changes,
Council directed at the time that the Chula Vista Municipal Code be amended to allow changes in
fees for this program by resolution. The amendment included the alternative to change (by
resolution rather than further ordinance changes) to a "universal mandatory rate structure such that
all residential units using the waste collection system would pay the same fee regardless of whether
or not they are using the yard waste recycling services." [CVMC 8.23.230(D)(2)]
Program Challenges
In mid-June 1994, Laidlaw formally approached the City regarding the results of the first six months
of operation. They suggested that such serious problems could only be mitigated by a complete
program change to a universal rate structure. Staff requested a written proposal with documentation
of the problems encountered in the program in its present form (Attachment A). In summary, the
most significant problems from the company's view are illustrated by the following facts:
o Collection services revenues (from subscription and sticker sales) for January
through June 1994 totalled $54,774 while processing costs for dropping the material
at a composting facility totalled $72,666, a net loss of $17,892; and
o The $17,666 net loss does not include operational costs for that same six months,
exacerbating the loss to an even greater degree.
To illustrate the critical nature of the program's financial liabilities, Laidlaw's 7118/94 letter indicated
that to keep the sticker program at $1, subscription rates would have to be raised from $2/month to
$15.95/monthjust to address program costs.
To help provide an objective measurement of the problems from the City's perspective, the
Conservation Coordinator:
o Worked with Laidlaw to conduct a one week refuse field audit to determine how
many ofthe households are continuing to mix yard waste in refuse containers instead
\ ~A.- 2...
Page 3, Item 13 A
Meeting Date 8/16/94
of choosing one of the City's options for properly recycling it; and
o Conducted a comparison survey of yard waste program components and costs for
other cities within the County.
Staff Analysis of the Program's Current Status
Laidlaw provided additional records which indicate that a total of 1,000 residents out of 26,000 were
routinely tagged for putting yard waste in their refuse containers during the program's first six
months. The one week refuse field audit in July 1994 indicated that 1084 residents continued to
violate the City's mandatory yard waste ordinance by mixing yard waste with their refuse. A
projection of these numbers helps to partially explain why the actual green waste diversion during
the first six months of the program (3,300 tons) is below an estimate of what we could have expected
(6,500 tons) based on waste stream studies.
In short, it appears that there is evidence that an important amount of the City's residential yard waste
is not being diverted from the landfill through the options available. Some of it is ending up in the
landfill because it is mixed in with refuse. Additionally, staff from other City departments (Public
Works, Nature Center, Building and Housing/Code Enforcement, and Police) report a general
observation that illegal dumping has increased during the past year.
Staff also conducted a survey of the other city yard waste collection programs in the County
(Attachment D). That attached survey shows that the Chula Vista program is unique. It is one of
only two purely "optional" programs in the County. The other "optional" program (City of Santee)
is successful because it is part of a "pay as you throw" refuse rate system that provides financial
incentives to recycle and dis-incentives for commingling yard waste with refuse. The survey
demonstrates that the average Chula Vista participant is setting out twice the weight of yard waste
for collection than the average County participant. However, because of the small number of
participants Chula Vista's total program only diverts half of what it should for a city with its potential
participants.
Additionally, the survey data shows that, when adjusted for cost component factors (such as
franchise fees, subsidies from refuse collection and container costs, etc.), the rates throughout the
County range from $1.00 to $2.53. Laidlaw's proposed universal rate of $1.48 per household
would place the City's rate as the third lowest program rate among the 17 cities.
Conclusions
The clean up for illegal disposal often involves Code Enforcement and Public Works personnel and
significantly increases the ultimate cost to residents and businesses. The survey demonstrates that
universal yard waste programs throughout the County have cost-effectively produced greater
I~A-3
Page 4, Item I~A
Meeting Date 8/16/94
diversion than Chula Vista's "option" approach. The survey suggests that at least 400 to 700 more
tons of yard waste can be diverted from Chula Vista's residential refuse collection each month. The
diversion of an additional 400 tons of residential yard waste represents 4% towards the State's 25%
and 50% diversion goals and a potential savings of up to $30 per ton in avoided disposal costs.
A universal program will provide all of Chula Vista's residents with a convenient and
environmentally responsible method of recycling yard waste. It will reduce the incentive to illegally
dispose of yard waste and control the costs associated with illegal disposal. The rates being
proposed appear reasonable. The proposed change is major but can be expected to greatly benefit
the City as an entire community. While the proposal is recommended, staff also pursued with
Laidlaw a number of concerns regarding implementation of such an important departure from the
program which was first introduced to the public less than a year ago (See Attachment Band C.)
Proposed Program
The first concern is an accurate understanding about how the collection services will change. If the
staff recommendation is accepted, participants will receive two large, permanent, yard waste
identification stickers which can be placed on standard refuse containers. When residents require
service they simply place one or more containers with yard waste at the curb in a manner that the
sticker can be seen from the street. Additional containers and bundles may still be placed for
collection behind the identified containers.
Residents who have purchased or rent a Laidlaw yard waste cart may continue to use it. Laidlaw
will pick up yard waste carts at no cost for those residents who wish to stop using them. Laidlaw
will also provide full credit to customers who wish to return yard waste carts purchased from
Laidlaw, or the $1 yard waste "option" stickers during the first 120 days of the program.
Additionally, Laidlaw will credit customers a 50% refund if they choose to return their used
composting bins (purchased from Laidlaw) during the same period.
Program Transition
Laidlaw has also committed to taking several steps to insure a smooth transition between programs.
Those steps include, but are not limited, to some of the following:
. Pre-delivery of two yard waste identification stickers with a public education hand-out in
English and Spanish that explains the new program,
. Placement oftwo ads highlighting the yard waste program changes in a local newspaper,
. Placement of at least one ad in local Hispanic media,
\ ~ ~'1
Page 5, Item 13A
Meeting Date 8/16/94
. Distribution of public service announcements to leading Hispanic organizations regarding
the changes to the yard waste program,
. A concurrent or follow-up message in refuse bills regarding the yard waste changes,
. Aggressive tagging of residents that place yard waste in their refuse containers, (tags are
designed to provide directions for compliance with the Mandatory Recycling Ordinance.)
Alternatives
Finally, because of the seriousness of the proposed change, staff reviewed possible alternatives with
Laidlaw: maintaining the program at current levels and eliminating the program. Because of the
program losses, Laidlaw has said that without a speedy resolution to the problem they cannot
maintain the program at current levels and would have to immediately withdraw the entire program.
Elimination of the program is not in the best interests of either the City or the rate payers. If the
program were eliminated, all rate payers would receive a rate increase of at least 64 cents per month,
the approximate cost of disposing of yard waste at $55 per ton with their refuse instead of collecting
it separately and composting it at $25 per ton. Additionally, the City would need to develop and
implement an alternative program that could replace the 6% overall diversion currently achieved by
the yard waste program and the 12% to 17% diversion the program is ultimately projected to
achieve.
Impact of Delaying a Change
As indicated in the "recommendation" section of this report, an alternative to the change effective
9/1/94 as requested by Laidlaw would be to grant the effective date of the change but delay
implementation of the increase to coincide with the tip fee increase expected 10/1/94. This
alternative is not recommended for two main reasons:
. Actual impacts of the ti? fee increase will probably not be known for a few more weeks.
Staff needs to evaluate the non-member contract rate options released by the Solid Waste
Authority (SW A) on 8/11/94 in light of the viability of alternatives. Council deliberation on
the issue is necessary and the SW A has set a 9/15/94 deadline. A "daily rate" (other than the
3r5 and 10 year contract rates offered) will be determined after the 9/15/94 deadline by
negotiation.
. Placing all increases on one bill may create more of a burden for the rate payers. Changes
to the rates for yard waste and curbside recycling effective 9/1/94 would appear in the
September billing and cover a two month period. Tip fee increases which may subsequently
be determined effective 10/1/94 can be delayed until the November billing. Without this
13 A-'s
Page 6, Item I~A
Meeting Date 8/16/94
incremental approach, residents would receive a November bill with four months increase
for yard waste and three months increase for landfill charges (tip fee.)
FISCAL IMP ACT:
If the staffrecommendation is accepted, all 26,000 residential customers will receive weekly yard
waste service. Assuming that the reduction in the residential curbside recycling rate proposed in
Item # 13 b. at this Council meeting is aooroved, the fiscal impact of the yard waste program change
is best illustrated by its effect on three different segments of residential (single-family homes)
customers.
Approximately 18,300 current non-participating yard waste customers will receive a monthly rate
increase of $.88. Approximately 4,200 current monthly subscribers to weekly service will receive
a $1.12 per month rate reduction in their current refuse bills. Approximately 3,500 customers
currently using the sticker option will receive weekly service for $.12 per month less than what they
would have paid for once a month use of the sticker option.
Current rate (eff. 711194: Refuse $15.07, Recycling $1.10) . . . . . . . . . . . .
Yard waste (eff. 9/1/94). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Curbside recycling rate reduction (eff. 9/1/94-- if approved under Item# 13 b.)
$16.17
. . 1.48
Total. . . . . . . . . . . . . . . . . . . .
Monthly increase to 18,300 rate payers
. <.60>
$17.05
. $ .88
Current refuse/recycling rate . .
Current yard waste monthly rate
Total. . . . . . . . . . . . . . .
Less proposed Rate . . . . . . .
Monthly savin\ls to 4,200 rate payers.
$16.17
$ 2.00
$18.17
. <$17.05>
. $1.12
Current refuse/recycling rate . . . . . . . . . . . .
Yard waste sticker rate (once a month average use)
Total. . . . . . . . . . . . . . . . . . .
Less Proposed Rate . . . . . . . . . . .
Monthly savin\ls to 3,500 rate payers.
$16.17
. .$..lJill
$17.17
. <$17.05>
. . . $ .12
mtm:c
revyrdw$.cas
Attachments
IS A - <.c
RESOLUTION NO. J? /, I ?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A UNIVERSAL RESIDENTIAL
YARD WASTE COLLECTION RATE CHANGE TO $1.48 PER
SINGLE-FAMILY HOME
WHEREAS, the City's residential yard waste collection
program began 1/1/94 as a unique "options" program which allows
single-family residents the choice of how they will participate,
based on their own assessment of their yard waste needs; and
WHEREAS, a review of the participation, costs and revenue
of the first six months of the voluntary "options" program show
that costs are far exceeding revenue and continuation of the
program is dependent upon a rate adjustment to cover collection and
processing costs; and
WHEREAS, staff proposes an amendment to the yard waste
fee structure effective 9/1/94 which would involve a change to a
universal mandatory rate structure to be spread to all single-
family residents.
NOW, THEREFORE, BE IT RESOLVED the City council of the
city of Chula vista does hereby approve a Universal Residential
Yard Waste Collection Rate change to $1.48 er single amily home
effective 9/1/94.
Presented by
George Krempl, Deputy city
Manager
/3.19 -,
Attachment A
8SL11!J8S8
LAIDLAW WASTE SYSTEMS INC.
July 18, 1994
City of Chula Vista
George Krempl, Deputy City Manager
276 Fourth Avenue
Chula Vista, Ca 92010
In recent weeks we have reviewed and discussed a variety of issues pertaining to the
current yardwaste program in Chula Vista and the immediate need to amend the
service fee structure to support the program costs.
As you know, the yard waste program was implemented in January of this year with
program participation being voluntary. The participation projections developed by
Laidlaw and City staff under the voluntary program were important as they determined
service pricing levels which would support program costs. Unfortunately, participation
levels are below those projected leaving monthly revenues far below program costs.
Participation projections were forecasted as follows:
Poculation Base - 26.000
Revenue
Curbside Monthly Subscription Service
13,000 @ 2.00/Mo
=
$26,000
II
Sticker Program
6,500 @ 1.001Wk
=
$28,167
III
Backyard Composting
6,500 @ -0-
=
-0-
$58,167/Mo
Actual participation levels are referenced on the attached worksheet - City of Chula
Vista Yardwaste Summary. As you can see, actual monthly subscription and sticker
participation levels in June totaled 7,667, while monthly subscription projections alone
totaled 13,000. Because we are well into the summer season, it is also likely that
voluntary participation is at peak levels. Through the six month period (January -
June) collection service revenues have totaled $54.774 while associated disposal
8364 CLAIREMONT MESA BLVD" SAN DIEGO. CALIFORNIA 92111 (619) 278.6061 FAX (619) 278.7528
@ \~~- ~
costs have totaled $72.666. This represent a loss at the net revenue line of $17.892.
Remaining operational costs to provide the service further deteriorate the financial
picture.
To help assess future opportunities and program options Michael Meecham,
Conservation Coordinator for the City. completed a County survey detailing yardwaste
services provided to other cities. while Laidlaw conducted a one week service audit
of the residential waste stream. The service audit was completed using the support
of the Urban Corp for the week ending July 15th. Urban Corp representatives
inspected residential waste stream containers prior to service. Containers having more
than 10% yardwaste mixed with regular waste were noted. Additional opportunities
for the week totaled 1.087 while daily numbers varied from 172 to 321. This one
week sampling was then used to make projections for future diversion opportunities
in the calculations for a new program and rate structure.
As you can see, an immediate change in the yardwaste program is needed to provide
financial rationale for Laidlaw to continue this service. Spreading necessary operating
costs among only the current participants would only serve to penalize those who
have taken the responsible position to participate. As an example - if the sticker
program remained at current pricing levels, monthly subscription rates to address
program costs would increase from $2.00/Mo to $15.95.
Monthly Program Cost
$70,352.09
June Sticker Usage (3,475 x1.001
3.475.00
Difference
$66.877.09
+ June Subscription Customers
4,192
Revised Subscription Rate
$
15.95
Laidlaw does not see a voluntary participation schedule as a practical solution. It also
does not appear to be a viable alternative selected by other County cities surveyed.
Laidlaw Waste Systems would propose a standard household customer charae rate
of $1.48 based on the attached worksheet - City of Chula Vista Yardwaste Contract
Rates. Detail explanation for component items are provided on the worksheet.
Additional diversion is based upon service audits and original household generation
estimates. Corresponding charges were made to processing costs and landfill
diversion amounts.
This charge would eliminate the sticker program which has fallen short of expectations
and served as a source for several service issues or problems. Customers with
outstanding stickers will have purchase costs credited against their account upon
returning directly to Laidlaw Waste Systems. The City of Chula Vista would be
, ~~~9
credited or refunded directly for sticker purchases made for resale to residents. The
refund period would extend through the first 60 days of the transition period. We
would propose an effective date no later than SeDtember 1. 1994.
Realizing the initial program provided for purchase of backyard composters, Laidlaw
would provide for specific customer exemptions for those customers who have
purchased composting units from Laidlaw. When those specific customers of record
relocated within the City they would then become participants of the standard
program. New residents to the service location would also become customers of the
program. This would provide for a reasonable transition for customers who purchased
Laidlaw composters to not be penalized. They would still have the option to join the
program.
Also enclosed is a worksheet reflecting diversion credits realized for the first six
months of operations - City of Chula Vista Yardwaste Contract Analvsis. Diversion
credit for the program through June total $47.225.24. Because of the significant
program costs and revenue shortfall, Laidlaw would propose the credit to be applied
to partially offset the operating costs experienced by Laidlaw.
We ask for your timely review and response to address the serious financial concerns
experienced by Laidlaw with the yardwaste program. Again, we would look for full
resolution by September 1, 1994. Please call should yo have additional questions.
,
~
Ji Weaver
arket General Manager
Laidlaw Waste Systems, Inc.
I~A-\o
7-15-9<1
LWS - SAN DIEGO
CITY OF CHULA VISTA YARDWASTE CONTRACT RATES
SIX MONTH PROGRAM REVIEW
FU.f:C'V'M'
CONTRACT CURRENT PROPOSED
REVENUE REVENUE RATE
COST COMPONENTS:
OPERATING COSTS $1.05 $2.49 $2.03
PROCIOSSING COSTS $0.55 $0.72 $0.56 (B)
FRANCHISE FEES $0.11 $0.17 $0.12
TOTAL YARDWASTE RATE $1.711 (A) $3.38 I $2.711
RATE SOURCES:
LANDFILL DIVERSION
DIVERSION SHORTFALl/(OVERAGES)
($0.94)
$0.00
($1.24)
$0.00
($1.23) (C)
$0.00
CUSTOMER CHARGE RATE
Iti1l'/'R[lS'i!
~,W"'":::''' ..........
", '~'>:"':";:':': " ,', .':'
I~I
1--:
~!
41,16711
5,67211
26,000 II
MONTHLY NUMBER OF UNITS
II $19,195.6611
II $70,460.00 II
TOTAL MONTHLY REVENUE
II $70,352.0911
(A) STICKERS MONTHLY TOTAL
TOTAL COST OF OPERATIONS: $1.27 $2.66
NUMBER OF UNITS 28,167 13,000 41,167
TOTAL REVENUE $35,772,09 $34,580.00 $70,352.09
TOTAL YARDWASTE RATE I $1.71 1
. TOTAL COSTS OF OPERATION PER COUNCIL AGENDA STATEMENT 9/14/93, ITEM #14,PG5
(B) PROJECTED TONS X $25{TON
(C) PROJECTED TONS X $55{TON
PROJECTED TONNAGE:
JUNE YTD AVG TONSIMONTH ~41
ADDITIONAL TONS:
1087 X 17LBS X 4.33WKS/2000LB 40
PROJECTED TONNAGE: 581
\ ~A. \ \
-
()>>
f
-
t-'
FlLE:CVVW
LWS - SAN DIEGO
CITY OF CHULA VISTA YARDWASTE SUMMARY
SIX MONTH PROGRAM REVIEW
7-15-94
TOTAL
WEEKLY YARD WASTE CUSTOMER~ YARD WASTE MONTHLY YARD WASTI YARD WAST
TOrAL 0lIWf CCNTAtlER RENTCON~"ER S1DCERS USED UNITS TONS lBSIUNIT
I ORIGINAL PROJECTION 13,0001 13,000 1 01 26,1671 41,1671 901 1 43.771
JANUARY '94 2,796 230 2,567
FEBRUARY '94 2,940 223 2,716
MARCH '94 3,566 260 3,306
APRil '94 3,774 261 3,513
MAY'94 4,210 274 3,936
JUNE'94 4,192 266 3,924
SIX MONTH TOTAL I 21,46111 1,51611 19,9651
1,307
1,322
1,961
2,121
2,363
3,475
I 12,5491
4,103
4,262
5,529
5,695
6,573
7,667
I 34,03~
I
5,~ II
(35,495jl II
I SIX MONTH AVERAGE II
3,56011
(9,420jl
3,32611 II 2,09211 II
u~111
25311
I VARIANCE TO PROJECTION II
243
265
597
694
736
669
3246
54111 II
(36011 II
116.44
133.73
215.94
235.45
224.55
179.73
I 190.771
190.7711
147.0011
FltE:CVYW
LWS - SAN DIEGO
CITY OF CHULA VISTA YARDWASTE CONTRACT ANALYSIS
SIX MONTH PROGRAM REVIEW
7-15-94
MONTHLY
SUBSCRIPTION STICKERS NET
# UNIT # UNIT CONTRACT[ ACTUAL SHORTFALU
UNITS RATE UNITS RATE REVENUE DIVERSION (OVERAGE)
JANUARY '94 2,796 52,198.51 ($4,374.00) ($2,175.49)
FEBRUARY '94 2,940 52,297.54 ($5,130.00) ($2,832.46)
MARCH '94 3,568 52,884.61 ($10,746.00) ($7,861.39)
APRIL '94 3,774 $3,063.51 ($14,574.00) ($11,510.49)1
MAY'94 4,210 $3,416.61 ($15,498.00) ($12,061.39)
JUNE'94 4,192 $3,704.97 ($14,469.00) ($10,764.03).
SIX MONTH TOTAL 21,461 $17,565.76 ($64,791.00) ($47,225.24)
I ~ /1.- 1 ~
LH1LiLHw WH.:..:>IL ,-,1~',LII.-.J ,LL.- ,''-'.~
Attachment B
8881!!Oe;
LAIDL.AW WASTE SYSTEMS INC.
J
July 26. 1994
City of Chula Vista
Michael Meacham, Conservation Coordinator
276 Fourth Avenue
Chula Vista, CA 92010
Michael:
Thank you for your follow-up call regarding my July 18th correspondence for the
Chula Vista Yardwaste Program. Answers to those questions and clarification
requested are provided below.
Let me begin by again stressing the urgency to reach both a service and financial
resolution for the program for implementation no later than SeDtember 1. 1994.
Through six months (January - June '94), Laidlaw has experienced a financial loss In
excess of $147,000 in providing the yardwaste service program to Chula Vista.
Immediate resolution Is needed to continua the program beyond September 1, 1994.
Sticker Proaram
Residents with unused stickers will have purchase costs credited against
their accounts upon returning any unused stickers directly to Laidlaw
Waste Systems. Credits will be provided through the first two billing
cycles (120 Days) beginning no later than September 1. 1994.
Backyard ComDosting
Backyard composting is an important part of any yardwaste program but
does not provide total resolution for a complete diversion program.
Branches, palm fronds, and other larger yardwaste materials still require
alternatives available through a yardwaste program. Accordingly, we
recommend a program of participation charges to all residents consistent
with other Cities in the County. A 50% credit refund can be issued to
those customers of record who may wish to return the Toro Com poster
purchased through Laidlaw. This option replaces the previous action
recommendation.
8364 CLAIREMONT MESA BLVD.. SAN DIEGO, CALIFORNIA 9211 1 (619) 278-6061 FAX (619)278-7528
G>
I 3 A- 1"\
LAIDLAW WASTE SYSTEMS TEL No .1-619-278-7528
JuJ 2b.~4 l1:U ~<O.UU'j ~.Uj
J
Protections
In our discussion you asked for comments on how realistic the
participation and diversion numbers are In building the proposed
customer charge rate of $1 .48. This number is very realistic based on
actual participation In January '94 through June '94, landfill rates in
July. processing rates for October ($25/ton), and audit results from June.
We would anticipate additional reductions in the rate charged in the next
review cycle.
Cart Rental/Car Purchnes
Those customers no longer requesting the yardwaste cart currently
rented from Laidlaw, merely call and cancel service. We will pick up at
no charge. Those customers of record who have purchased yardwaste
carts can return them for full value to Laidlaw.
DlSDOSIII Cost Clarification
Clarification was requested on the .72,666 disposal cost number. This
number represents direct dispOSlll costs to Laidlaw for disposal of
collected yardwaste to the processing Cllnter. No operation expenses are
included. Again, through six months of operation disposal costs alone
have exceeded the revenues billed by .17.892. This loss of .17,892 Is
at the net revenue line. Total losses with operational costs applied for
the same periOd total over t147.000!
Yardwaste Re-Dlverslon
You requested financial Impact on re-dlverslon of yerdwaste back to the
regular waste stream. Using average monthly diversion of 541 tons and
the potential County rate, monthly waste rates would Increase as
follows:
If Landfill Gate Rata ill $55.00/ton
$250.00
-$ 25.00
Landfill Rate - County
Processing Rate O.R.I.
$225.00
x 541 Tons + 26,000 Residents = $4.68 Per ResidentlMonth
These projections only reflect landfill rate Impact on the potential waste
rate. Additional costs for investments made by Laidlaw (Le. trucks,
containers, ate) would further impact effects of canceling the program.
\ ~ p..- \oS
LrllLJLHIJJ WH~It. :::'(:':,iLI'I..;; ILL IW.l l'.J.j--....rC. rJLQ
.!l,. '" 1.)..)4 ..l. 1. J. "-- 11'. . '_!'.' _} I
It is clearly evident of the program's pOSitive benefits to support the City
of Chule Vista's efforts to exceed AB939 mandates.
j
New Proaram ImDlementetlon
In general terms, wa would propose a curbside program providing a
yardwaste decal to all residents to be placed on their own standard 33
gallon collection container. Any yardwaste material would be placed in
the container to be collected on the same day as regular weste. The
container would be placed approximately 3 feet away from their regular
trash with the "Yardwaste Recycling" label facing the curb for clear
identification. Additional containers or bundles could be staged behind
the marked container. In those weeks when no yardwaste is generated,
the contelner could be used for regular waste. The label would not face
the curb and the container would be placed with other regular waste
containers.
Wa would continue to make the carts available for purchase or rental as
they are in the current program.
Michael, we continue to support diversion whether through yardwaste or other
curbside programs. We must do so addressing all progrem costs to Laidlaw. Our
losses, under the current yard waste program, cannot continue. An immediate change
is required to continue the program beyond September 1. 1994
Please let me know if you have any further questions.
JW/mc
cc: Dan Higgins
George Krempi
Sandy Snyder
l3A- \ ~
LAIDLAW WASTE SYSTEMS TEL No.1-619-2?~-?528
JuJ 21.94 14:U4 No.Ul? P.02
~
) Attachment C
f.:tC [( 7/:1.7/ qq
VI({ r-l -
84'0884'8
LAIDLAW WASTe SYSTeMS INC.
CItY of Chula Vista
Michael Meacham I Conservation Coordinator
276 Fourth Ave
Chula Vista, CA 91910
Mlchaei,
As a result of our conversation this morning regarding the yardwaste program,
the following itemS are offered for clarification or modification to my letter dated June
26th:
.Each resident can be provided with 2 stickers for use on yardwaste collection
containers. Those containers provided by the customer will not exceed 60lb each and
will be In eccordance with requirements of current municipal code.
. The buy back period for yard waste containers at full price and com posters at
50% of original price will be 2 billing periods or 120 days from September 01,
1994. Cencellatlon of cart rental remains an open option of the program.
.Publlc education will be an important part of the transition process. As
dlscused we would provide twO new media items In consecutive weeks.
Communications would be made locally in the Star News and The Baja California
Newspaper to reach both Spanish and English speaking customers. A separate mailing
would elso be made to residents detailing the new program outline, along with the
new yardwaste container decals.
My thanks for your follow up support on this Important issue.
jw:dh
Jim Weaver
::r- c0~
6364 CLAIREMONT MESA BWD.. SAN DIEGO, CALIFORNIA 92111 (619) 276-(l()61 FAX (619) 27..7&28
(i)
I ~ A - \1
-
().)
1?
-
00
YARD WASTE COLLECTION SURVEY
CITY JlNIVERSAL OR TONS PER MONTH NUMBER OF AVERAGE TONS MONTHLY RATE
QPTIONAL PARTICIPANTS PER P ARTICIP ANT
Carlsbad U 533 15000 0.036 $2.25
Chula Vista 0 735 7500 .098 2.00
26000 .028
Coronado U 116 4500 0.026 2.53
Del Mar U 50 1500 0.033 1.95
EI Cajon N/A N1A N/A N/A
Encinitas U 554 15500 0.036 1.40
Escondido U 1100 23000 0.048 1.60
Imperial Beach U 190 4600 0.041 1.002
La Mesa' U 154 10500 0.015 1.92
Lemon Grove' U 60 7000 0.009 1.97
San Marcos U 175 6600 0.027 N/A
Santee 0' 310 7000 .044 2.502
11000 .028
Solana Beach U 155 3600 0.043 1.91
Vista U 505 13000 0.039 N/A
National City U 165 6700 0.025 ($2)
Oceanside4 0 1300 26000 .050 2.702
34000 .038
Poway 0 415 11500 0.036 N/A
TOTALS OR 13/4 6517 160000 0.041 2.03
AVERAGES
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::>
M-
-
<:::>
'DOLLAR PER MONTH MORE FOR INCREASE FROM 64 TO 96 GALLON OR ADDITIONAL CART
'INCLUDES APPROXIMA TEL Y $1.00 CONTAINER COSTS 3 ESTIMATES, Y ARD WASTE LOADS ARE NOT WEIGHED.
'OCEANSIDE APPLIES UNIVERSAL AND ALLOWS WRITTEN EXEMPTIONS WIPROOF IN JANUARY ONLY.
COUNCIL AGENDA STATEMENT
Item '/3,-8
Meeting Date 8/16/94
TITLE:
PUBLIC HEARING Consideration of Rate Changes to Residential
Curbside Recycling Services For Single Family Households
SUBMITTED BY:
RESOLUTION 1,C.z.o Approving Rate Schedules for Residential Curbside
Recycling Services
Cv
Deputy City Manager KremjJl
Conservation Coordinator ~\il\
REVIEWED BY: City Manager} (4/5ths Vote: Yes_ NoX)
The rates for single-family households' curbside recycling services have not been reviewed in
two years since the only change to the overall refuse and recycling rate during that time has
been to pass through the increased cost of County landfill tip fees, Chula Vista Municipal Code
8,23,210 provides for specific rate review procedures for this program which allow for certain
estimated revenues to be applied to the program costs, with adjustments for comparisons for
estimated to actual costs to be made periodically,
In accordance with those procedures, the successful participation of residents and the increasing
avoided landfill costs now result in a recommended reduction to the single-family rate from
$1.10 to $,50 per month and corresponding reductions for senior citizens from $,75 to $.35
month,
RECOMMENDATION: Approve resolution changing rates for single-family household
curbside recycling services effective 9/1/94 or at the same time as a change in rates for the yard
waste recycling program.
BOARD/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
The City has done its best to explain to residential refuse/recycling rate payers that the
substantial rate increases that they have recently experienced are a result of the County's solid
waste operations and are neither controlled by, nor benefit, the City or Laidlaw.
The City does, however, control and manage the development and implementation of residential
recycling, yard waste and refuse collection services. Approximately three and a half years ago
the City implemented a single family residential curbside program, The City Council's
decision to move forward on a program, the efficient and effective design and implementation of
the program, and the participation of rate payers have combined to provide the opportunity to
reduce rates at this time.
\~&-I
Page 2, Item 138
Meeting Date 8/16/94
Rate Structure
The recommended rate reduction can be attributed primarily to the rate structure established at the
commencement of the program in 1991 and illustrated in Attachment A. The operating costs of the
program are reduced by the following estimates:
o Material sales- the value to be paid in the marketplace for all materials collected at the
curbside;
o Landfill diversion- the avoided cost of sending the collected materials to the marketplace
rather than the landfill; and
o Program ll"rants- full value applied for any grants received specifically for the purpose
of reducing operational costs.
After the first year of operation, and at each rate review period thereafter, the estimated amounts
described above were compared to actual amounts and a resulting adjustment ("rate
shortfall/overage") was derived. As this process continues, the rate structure provides residents
with a mechanism that:
o Puts all of the revenues from material sales back into the program to partially defray
the operating expenses;
o Defrays expenses even more by giving credit for participation-- as the tonnage
collected goes up, and landfill costs increase, this diversion credit increases; and
o Allows credit for a County grant received four years ago for capital investment
(truck) to continue to be allocated until the amortization period is complete.
Following this rate structure, the base unit rate is recommended to change from $1.21 per month
per household to $ .93 per month. With adjustments, i.e. comparisons of the last period's
estimated to actuals, the final rate is recommended to change from $1.10 per month per household
to $ .50 per month.
In 1991, the City also made provisions for a senior citizen discount of 35% of the determined base
unit rate. Using this formula, the senior citizen rate will decrease from $ .75 per month to $. 35
per month if the staff recommendation is approved.
1~~-2..
Page 3, Item~
Meeting Date 8/16/94
Conclusion
The ability of the City and Laidlaw to continue to lower recycling and refuse rates will depend
primarily on the increased participation of all citizens in the current source reduction and recycling
programs. One way to increase the opportunity for participation and diversion tonnage is to expand
the target list of recyclable materials. Adding materials to existing programs in the future will often
require a reinvestment of program savings, however, that reinvestment can pay substantial
dividends in the form of even lower refuse and recycling rates for the rate payer, and greater
enviromnental benefit for the entire City.
FISCAL IMPACT:
If accepted, the staff recommendation will lower rates $.60 for approximately 26,000 single family
homes, duplexes and tri-plexes in the City of Chula Vista. That portion of the solid waste system
that the City can control: the collection and marketing of recyclables and the collection of refuse
can continue to be reduced annually, if the diversion efforts of residents increase and programs
expand to include additional recycling and source reduction opportunities.
Current rate (refuse $15.07 and recycling $1.10, effective 7/1194)
Yard waste (effective 9/1I94-if approved under item # llJ!.J.
Subtotal. . . . . . . . . . . . . . . . . . . . . . . .
$16.17
.1.48
. 17.65
Projected rate . . . . . . . . . . . . . . . . . . . . . . . . .
Less recommended curbside recycling rate reduction (effective 9/1194)
Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$17.65
<.60>
$17.05
mtm:c
curb$94.cas
Attachment
13B-~
Attachement "A"
g081!!8S8
LAIDLAW WASTE SYSTEMS INC.
July 19, 1994
Stephanie Popek Snyder
Principal Management Assistant
City of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
Dear Stephanie:
Enclosed are the revised Curbside Recycling Schedules. As requested the CPI
Adjustment has been removed from the rates. The Material Sales and Landfill
Diversion adjustments have been updated to reflect actual results as follows:
Material Sales
Landfill Diversion
Actual 9 month average (5/93 - 01/94)
Actual 7 month average (5/93 - 11/93)
In addition, the Franchise Fee Component has not been changed although the
customer charge rate will decrease. It has been left as a constant component of the
rate in order to reflect Council's direction that franchise amounts not change.
After your review of the proposed rates, please let me know if additional information
is needed.
4~
Daniel P. Higgins
Market Area Controller
DPH/mc
cc: G. Krempl
M. Meacham
J. Weaver
8364 CLAIREMONT MESA BL VD . SAN DIEGO. CALIFORNIA 92111 (b191278-6061 FAX (6191 278-7528
\~B. '-I
CITY OF CHULA VISTA
RESIDENTIAL CURBSIDE RECYCLING CONTRACT RATES
FOR THE FORTY ONE MONTHS ENDED: JUNE 3D, 1994
YEAR 4 RATE EFFECTIVE 7 -1 - 94
7 IQ ~~
FILE: CVREC794
YEAR
3
RATE
I----~-----
I RATE
MODIFICATIONS!
BASE RATE I
ADJ
r-YE:R I
RATE
RATE BASIS
. COST COMPONENTS:
>_______ __ ... ___~__. ....__~_.._.__.. "M___ _
OPERATING COSTS $1 _68
'~~:~~H~~~~:;ION~~--_~=j ~_ ~=-;~:~~
rl-----TOTAL_RECYCLlNG RATE - -: 1- $188
RATE SOURCE:
MA TERIAL SALES
LANDFILL DIVERSION
r----------_'.________________
PROGRAM GRANTS
i--
I sAsTuN Ir" RATE r:::1J.?U
I_RJ\JI:_SJ1 ORTF A L},.L{ 0 VE flJA ~~~L__ ___
U.1i\TERIA~SALES___n__ f-- _ (Q.03)
I LAN[)i'LL DIVERSIO~______J L_J!<l.QI3J
I
I CUSTOMER CHARGE RATE [::JI.joi
SENIOR CITIZEN RATE_[oo$o.isll
$1.68 I
-----'--j
$O.llJ
$0.09 i FIXEO RATE COMPONENT
$1.881
[ ($0.28)j'
I ($0.37)
l=~-X$O.(2)1
($0.02
(~0.27
$0.00
1HJm
ACTUAl9 MOS AVO RATE 1~193 1/1/41
ACTUAL 7 MOS AVO RATE (5/\13 110'1/31
PROGRAM GRANTS
($0.28)'
I-
I
$0.925 VR 4 WtTHOUTPRIOR YEAR ADJ
L~O.o~~
($0.39211
RATE (OVERAGE) ADJUSTMENT
RATE (OVEAAGE) ADJUSTMENT
li- - $0.(;0.'
YEAR 4 BilLING RATE
--~~-~~-~:~.t_~??o SENIOR DISCQUN!.
\~&-S
r.'".,",
FILECVF>EC7P
RECYCLING CONTAACT ACCOUNTING
MONTH
COLUMN
FEBRUARY 1991
MARCH. 1991
APRil. 1991
MAY 1991
JUNE,1991
JULY. 1991
AUGUST 1991
SEPTEMBER. 1991
OCTOBER. 1991
NOVEMBER. 1991
DECEMBER. 1991
JANUARY, 1992
FEBRUARY, 1992
MARCH,1992
APRIL. 1992
# UNITS
''I
22,831'
22.831
24.331
24.331
24.331
24.331
24,331
24,331
24.487
24.487
24.487
23,329
23.329
23,329
24.657,
MAY 1992 24,657
JUNE 1992 24.657
* 17 MONTH TOTALS:
-
JULY 1992
AUGUST 1992
SEPTEMBER ~992
OCTOBER 1992
NOVEMBER 199?
DECEMBER ~992
JANUARY, 1993
FEBRlJARY, 1993
MA.RC:" 199.~
APRi~ 1993
MAY, 1993
JUNE 1993
JULY 1993
.4.UGUST,1993
SEPTEMBE" 1993
OCTOBER,1993
NOVEMBER. 1993
DECEMBER 1993
JANUARY. 1994
FEBRUARY 1994
MARCH \994
()J
rP
I
6""
24.657
24.657
24.657
25.895
25.895
25895
25.781
25.781
25,781
25.928
25,928
25,928
26199
26,199
26,199
26,033
26,033
26,033
26,035'
26.035;
26.035
APRil :994 26.112
MAY 1994E5T 26,112
JUNE 1994E5T 26,112
'* 24 MONTH TOTALS:
CONTRACT
REVENUE
IBI.
9'3240
913240
973240
9.13240
973240
9.73240
9.73240
9,73240
9.79480
979480
979480
933160
9.33160
933160
9,86280
9,86280
9,86280
$16352680
? 903~6
5,90396
590396
725060
725060
/25060
121868
121868
! 21858
'ZS984
T2S984
725984
733572
733572
7,33572
728924
T26924
7.28924
7.28980
728980
7.28980
;31136
131136
T,31136
$173.57760
** 41 MONTH TOTALS: f $337,20440
PER SUB-
UNIT CONTRACT
~-~!._-
0,40 3,00000
0.40 3,000.00
0.40 3,000.00
0.40 3,000.00
040 3.000.00
040 3.000.00
040 3.000.00
0.40 3,00000
040 3,00000
040 3.00000
040 3000.00
0.40 3.000.00
0.40 3000.00
040 3.000.00
0.40 3.00000
040 3.00000
0.40 3.000,00
$5100000
028
028
028
028
028
028
0.28
028
0.28
J.28
'28
028
028
028
CU8
028
028
0.28
0.28
028
028
028
028
0.28
3.00000
3,000.00
3,000.00
3,000.00
3,00000
3 000 DC
3,00000
3.00000
3.00000
3.00000
3.00000
3.000.00
300000
3.00000
3,00000
3.00000
3.00000
3.00000
3.00000
3.00000
3.00000
3.00000
300000
3.00000
.-----
$7200000
CllY OF CHULA YISTA
RESIDENTIAL CURBSIDE RECYCLING CONTRACT ANALYSIS
FOR THE FORTY ONE MONTHS ENDED: JUNE 30. 1994
PROCEEDS
NET YEAR 2 & 3
COMMINGUNG SHORTFALl} RATE REVIEW
ADJUSTMENT (OVERAGE) ADJUSTMENT
10)
(1168738)
(10.302.95)
(21,757.96)
(20,585.07)
(15,73673)
(13,834.11)
(14.90115)
(11.662.80)
(12.720.13)
(11.14312)
(12.16135)
(9.47665)
(8.85994)
(9.48009)
(11.549.07)
18.31187}
_.\2.0980.19)
($21515056)
(16,30118)
(11.74621)
(11.73512)
(11.04842)
(1123058)
'(08734)
',1193640)
1776863)
(1093011)
(100:;222)
759' 91)
(821377)
18184 39}
(8.27104)
(920503)
{8,82315}
(1044494)
(12,34265)
(12.08581)
(11-18379)
(1167483)
(1123770)
(11.23770)
(11.237.70)
($25455062)
---.l~
(1.38936)
(115123\
(1.31013)
(1.27912)
(1.25526)
(1.259.85)
(1.20509)
(1.371.00)
(1,557.23)
(1,41110)
(1,174.84)
(1.56435)
(140962)
(1.54972)
(1.538022.
($20,425.92)
sooo
I~~C+D+E] .
445.02
1.82945
(9,025,56):
(7,85267)1
(3,004.33),
(1,101,71)!
(2,166.75):
1.069.60 '
74.67
1.651.68
633.45'
2.854.95
3.471.66;
2.85151
1.313.73
4.550.93
1.88261
($523.76)
NET RATE SHORTFALLJ(OYERAGE) TO DATE:
NET RATE SHORTFALLJ(OYERAGE) TO DATE PER UNIT:
YEAR 4 RATE ADJUSTMENT PER UNIT (OYER 12 MONTHS):
YEAR 4 MONTHLY BASE RATES:
(6.397.22)!
(1.842.25)!
(1.831.16)!
(79782)!
(979.98~
16326
(1.717.72)'
2,4S005
(71143}
(1.16174)
, 516.70
735.94
87221
809.42'
(129.16}
261.00;
(1.52670)
(3,610.64}i
(3,20711}i
(2,068.83)!
(2.949,38)!
(2,33596)!
(2.476.06)
__._@.~~~.!.!51
($29,3ge.94)
i~~o~_~OO_ _ ($469,701 i8jnS20,425jJtJ~~~_~}_0~j
He, .O.~.!)IAJ
($050)
($523.76)1
739.71
739.71
73971
77685
77685
77685
77343
77343
77343
777.84
77784
77784
78597
78597
785.97
78099
78099
78099
781.05
781.05
78105
,
78336
783.36
783.36;
I
. .'- -\ ~--
$18,07jf4Jj !l__
(C,
YEAR .
RATE REVIEW
ADJUSTMENT
'0'
CONTRACT
REVENUE
__.Lt!L._
4.56620
4.56620
4,866.20
4,86620
4,86620
4.66620
4.86620
4.86620
4,897.40
4.89740
4,69740
4.66580
4,66560
4.66580
4.93140
4.931.40
4,93140
$81.81340
912309
9.12309
912309
9.58115
9S81!:>
958'1:;
953897
9.538.97
90.3897
9.0.9330
859336
959336
9.69363
9.69363
9,69363
9,63221
9.63221
963221
9.632.95
9.63295
963295
966144
966144
9.66144
($29,398.94~ $229.37040
I
($29,398,94~i cr31=1'.~~:3'89]'
IF+G]
!1($11,325.10~
r . ($0.43],
r '-l$if.04j.
PER
UNIT ACTUAL
!~!~] It]
020 (4.62096)
020 (4,07356)
0.20 (5,649,68)
0.20 (5,345.12)
0.20 (4.975.56)
0.20 (7,071.35)
0.20 (7.252.S9)
0.20 (708653)
0.20 (7.82736)
0.20 (7.35517)
0.20 (8,25125)
0.20 (7,466.26)
020 (7.076.48)
020 (8,69998)
0.20 (9.571.91)
020 (8.915.72)
0.20----.i~.??1.62}
($120.46312)
037
037
0.37
0.37
037
0.37
0.37
0.37
037
037
0.37
0,37
037
0,37
0.37
0.37
037
0.37
037
0.37
0.37
0.37
0.37
037
(8,965.17)
(11.20000)
[10,87492)
(10.916.36)
(12.477 64)
(11,36530'
(11.38452)
(10.64000\
(12.83492)
(12,24608)
(11.0205;:)
(12.65656)
(18.14256)
(18,75230)
(18,86668)
(17,72331)
(19,63S9S1
(22,50534)
(17,55647)
(17,39608)
(20,60302)
(16,02259\
(18.72736)
(1~~?? .~t:iL
(5363,261071
NET
SHORTFALl}
(OVERAGE)
II!.:..~-
(54.76)
492.62
(78348);
(47892):
(109.36):
(2,205,15);
(2,386.39)1
(2.220.33)!
(2.929.96):
(2,457,77):
(3.353.85)1
(2.80046)'
(2.41268)'
(4,034.18),
{4,640.51j'
(3.984.32):
_(4,290,22),
($36,649.72)
157.92'
(2,076.91):
(1,751.83)!
(1,335.21):
(2,89649)
(1804.21)'
(1.845.55):
(1,101.03)1 !
(329595):
(2652.72),
(1.42716):
(3.063.20)j
(8.448.93)j
(9,058.67)!
(9,173.05)1
(8.091.10)!
(10,003.74)!
(12,873.13)1
(7.923:52)1
(7.763.13)!
(10.970.07)1 ,
(8.361 15)1 I
(9.065.92)!
~,?~5.9.~}1
($133,e90.67)
YEAR 2&3
RATE REVIEW
ADJUSTMENT
'"'
I ($38,649.72)
1.97256
1,972 56
1.97256
207160
2.0716U
2.07~ 60
2.06248
2.062.48
2.052.48
2,07424
2,Q742<1
2,07424
2.09592
2.09592
2.09592
2,08264
2.08264
2,082.64
2.08280
2.08280
2082.80
2.08896
208896
2.08896
YEAR 4
RATE REVIEW
ADJUSTMENT
'"
($133'690~6
$;O~943.8~) L_lS'.;'3:t89067l
,----, _.----,---
lJ+KI
..'.~~22~
. .71
_c-=-~~!!1
!_~",{~~463,724.19j~. ~!Z~~,,42:~~1 t
_lV.AI
-($0.64)
RESOLUTION NO.
17J,~O
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING RATE SCHEDULE FOR
RESIDENTIAL CURB RECYCLING SERVICES
WHEREAS, the rates for single-family household's curbside
recycling services have not been reviewed in two years since the
only change to the overall refuse and recycling rate during that
time has been to pass through the increased cost of County landfill
tip fees; and
WHEREAS, Chula vista Municipal Code 8.23.210 provides for
specific rate review procedures for this program which allow for
certain estimates revenues to be applied to the program costs, with
adjustments for comparisons of estimates to actual costs to be made
periodically; and
WHEREAS, in accordance with those procedures, the
successful participation of residents and the increasing avoided
landfill costs now result in a recommended reduction to the single-
family rate from $1.10 per month to $.50 per month and
corresponding reductions for senior citizens from $.75 to $.35 per
month.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the rate schedule of $.50
per month for single-family residential curbside recycling services
and $.35 per month for senior citizens for residenti curbside
recycling services effective 9/1/94.
George Krempl, Deputy City
Manager
Bruce M.
Attorney
city'
Presented by
t
C:\rs\recycle.red
13{J-i
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 8/16/94
ITEM TITLE:
Public Hearing: Consideration of the following applications filed by
Sunland Rancho Del Rey and Rancho Del Rey Investors, L.P. for 16.9
acres located at the southwest comer of Rancho Del Rey Parkway and
Del Rey Boulevard within the Rancho Del Rey Planned Community:
a. PCM-94-26: Amendment to the Rancho Del Rey Sectional
Planning Area (SPA) I Plan
b. PCS-94-02: Tentative Subdivision Map for Sunland Rancho Del
Rey, Chula Vista Tract PCS-94-02
Resolution: ""2,J\ Amending the Rancho Del Rey Sectional Planning
Area (SPA) I Plan reclassifying Lot 119 from Single Family Attached
(SFA) to Single Family Detached Townhomes (SFDT), authorizing a 20
unit density transfer onto the site, and approving a Tentative Subdivision
Map for Sunland Rancho Del Rey, Chula Vista Tract PCS-94-02.
SUBMITTED BY: Director of Pla~ing ;!tel
REVIEWED BY: City Manager & ~<(,
x.4"
(4/5ths Vote: Yes_NoolU
The applicants, Sunland Rancho Del Rey and Rancho Del Rey Partnership L.P., have submitted
applications for an amendment to the Rancho Del Rey Sectional Planning Area (SPA) I Plan,
and a Tentative Subdivision Map known as Sunland Rancho Del Rey, Chula Vista Tract No.
PCS-94-02, in order to subdivide and develop 16.9 acres located at the southwest comer of
Rancho Del Rey Parkway and Del Rey Boulevard within the Rancho Del Rey Planned
Community (see Attachment I).
The Environmental Review Coordinator has determined that no new or supplemental EIR is
necessary and has prepared the attached addendum to FEIR-87-01, Rancho Del Rey SPA I,
which must be considered by the City Council prior to a decision on the project (see
Attachment 6).
RECOMMENDATION: That the City Council adopt the Resolution approving the Sectional
Planning Area (SPA) I plan amendment and Tentative Subdivision Map for Sunland Rancho Del
Rey Subdivision, Chula Vista Tract PCS-94-02, based on the findings and subject to the
conditions listed therein.
1'1-/
Page 2, Item ~
Meeting Date 8/16/94
BOARDS/COMMISSIONS RECOMMENDATION:
On July 20, 1994, the Zoning Administrator approved the design of the project subject to
conditions and contingent upon approval of the SPA amendment (Ref. DRC-94-41).
On July 27,1994, The Planning Commission voted 6-0 to recommend that Council approve the
the amendment and Tentative Subdivision Map in accordance with Resolution PCM-94-26/
PCS-94-02 attached hereto (Attachment 2).
DISCUSSION:
The proposed SPA amendment is a request to reclassify the site from Single Family Attached
to Single Family Detached Townhomes, and to authorize a density transfer from within SPA
onto the property (see Site Utilization Plan, Attachment 5)
The Tentative Subdivision Map consists of subdividing the site's 16.9 acres into 41 lots
containing a total of 200 dwelling units, and also includes 0.7 acres of open space to be
dedicated to the City in exchange for 0.16 acres of vacated City open space to be incorporated
into the project (see Exhibit A, Attachment 1).
1. SPA Designations and Land Use
Site
North
South
East
West
SFA Single Family Attached
SFD Cottages
C-l Commercial Center
OS Open Space
OS Open Space
Vacant
Vacant
Retail
Open Space
Open Space
2. Existing Site Characteristics
The subject site is located at the southeast comer of Del Rey Blvd. and Rancho Del Rey
Parkway within the Sectional Planning Area (SPA) I Plan of the Rancho Del Rey Planned
Community (see Exhibit B, Attachment 1).
The site is bounded on the north by Rancho Del Rey Parkway, to the south by the
recently completed Home Depot Store, to the east by permanent natural open space and
to the west by Del Rey Blvd. (see locator, Attachment 1).
The 16.9 acre triangular-shaped parcel has been graded as part of the Rancho Del Rey
mass grading program and is elevated approximately 20 - 40 feet above the adjacent
streets and southerly adjacent Home Depot store. Two building pads with an elevation
difference of 6 to 14 ft. bisect the property north to south. The property is surrounded
by open space slopes except for a small segment along the north property line which is
relatively level with Rancho Del Rey Parkway which provides access to the project site
(see Attachment 3).
)J./~)..
Page 3, Item ~
Meeting Date 8/16/94
3. Proposed Development.
The development proposal consists of 27 dwelling clusters, each containing 8-10 single
family detached townhomes. Each cluster features a central driveway which provides
both pedestrian and vehicular access to the individual homes. Each home features a
fenced private patio area and a two-car garage.
The development proposal includes regrading the property into a single pad in order to
achieve a better transition and integrate the development more cohesively. On July 20,
1994, the Zoning Administrator approved the site plan and architecture subject to
conditions and contingent upon approval of this SPA amendment (see Attachment 4).
4. Sectional Planning Area (SPA) I Plan Amendment
The SPA amendment requests a reclassification of the parcel from the present Single
Family Attached (SFA) to Single Family Detached Townhomes (SFDTH), plus a density
transfer of 20 units from within the SPA onto the site.
The property is identified as parcel R-12 in the RDR Site Utilization Plan, and is
designated for a maximum of 180 single family attached units, which translates to a
density of approximately 10.6 du/ac. With 20 additional dwelling units for a total of 200
units, the project density is 11.8 dulac which is consistent with the SPA plan.
In order to establish flexibility in the distribution of residential densities, the EI Rancho
Del Rey Specific Plan allows the transfer of densities within any SPA without amending
the Specific Plan provided the transfer of units does not increase the total units
authorized, and provided the transfer results in a substantial improvement of the spatial
arrangement or functional relationship of the involved site plan.
The Site Utilization Plan (see Attachment 5) indicates the residential type and the
maximum number of units allocated for each parcel. The SPA I plan statistics have been
updated and show that the 2,117 dwelling units already built or presently planned for
SPA I, including the 20 units proposed for transfer onto the subject site, is 89 less than
the 2,201 units authorized for SPA I in the El Rancho Del Rey Specific Plan because of
projects within the SPA which have developed at less than their authorized yield.
Since the property has not been previously site planned, there is no direct way to
determine if the transfer results in a spatially or functionally superior plan as called for
in the ERDR Specific Plan transfer provisions. However, the plan has been found to
meet or exceed the RDR design guidelines for townhouse development, and should
provide a high quality of residential design and liveability.
Also, the argument has been advanced that the 20 additional units will allow the
development of a detached product priced to target the same market as an attached
project developed at a somewhat lower density, and that detached housing is clearly
1'1')
Page 4, Item ~
Meeting Date 8/16/94
preferred by the present consumer. It can be argued, therefore, that the density transfer
will allow the development of an improved plan considering the target market and their
desire for detached housing.
With regard to the request to change the residential-type designation for the site, as noted
directly above, staff is of the opinion that because the residential type and the intended
market is apparently the same for both products, the proposed change is best defined as
an alternative which better suits the present market demand. Consequently, the housing
balance within the SPA is not changed, but enhanced with an alternative product that
offers the same market the amenities of a detached single family unit at a price
comparable to an attached product within the same 12 du/ac density authorized by the
SPA Plan for this site.
5. Tentative Map
The Tentative Map is solely for the purpose of financing and selling the individual
dwellings as air space condominiums, with the underlying land held in common by a
homeowners association. The project design has received approval of the Zoning
Administrator contingent upon approval of the SPA amendment.
The proposed exchange of open space is shown in Exhibit A, Attachment 1). This is
being proposed in order to extend the City Open Space Maintenance District to include
the frontage open space slope along Rancho Del Rey Parkway, and to include within the
project (and remove from the District) narrow level areas along the southerly boundaries
of the site which would result from regrading the site.
The Parks and Recreation Director has endorsed the proposed land swap based upon the
condition that landscape and irrigation plans addressing the modifications to the existing
watering system be submitted to the Department for approval. This has been included
in the conditions of approval.
FISCAL IMPACT: Not applicable.
ATTACHMENTS:
1. Exhibits ~\">
\. 2. Planning Commission Recommending Resolution and Minutes. ~ \?
~ 3. Tentative Subdivision Map
4. Conceptual Development Proposal \lY'
\5. RDR SPA I and Site Utilization Plans iN;
6. Third Addendum to FSEIR 87-0 I
7. Disclosure Statement ~\'?
(f: \home\planning\luis \gpa-9403 . a13)
/~-#
RESOLUTION NO. l'l/'~J
A RESOLUTION OF THE CITY OF CHULA VISTA CITY
COUNCIL APPROVING AN AMENDMENT TO THE RANCHO
DEL REY SECTIONAL PLANNING AREA (SPA) I PLAN AND
A TENTATIVE SUBDIVISION MAP FOR 16.9 ACRES
LOCATED AT THE SOUTHEAST CORNER OF RANCHO DEL
REY PARKWAY AND DEL REY BOULEVARD
WHEREAS, the property which is the subject matter of this resolution is for 16.9 acres
located at the southeast corner of Rancho del Rey Parkway and Del Rey Boulevard ("Property");
and,
WHEREAS, duly verified applications for a tentative subdivision map and an amendment
to SPA I for the property were filed with the Planning Department of the City of Chula Vista
on April 28, 1994 by Sunland Communities, and Rancho Del Rey Partnership L.P.; and,
WHEREAS, said applications requested (1) an amendment to reclassify the Property from
Single Family Attached to Single Family Detached Townhomes, (2) a 20 unit density transfer
on to the site, and (3) approval of a tentative subdivision map to subdivide the Property into 41
lots containing a total of 200 dwelling units; and,
WHEREAS, the City has previously adopted EIR-87-01 for the Rancho Del Rey SPA I
area, including the area to be amended and subdivided; and,
WHEREAS, the City Council considered the Final Environmental Impact Report-87-1
Rancho del Rey SPA I (FEIR) and the addendum thereto for the SPA amendment and Tentative
Subdivision Map ("FEIR-87-1 Rancho del Rey SPA 1- Sunland Rancho Del Rey") pursuant to
Section 15164 of the California Environmental Quality Act; and,
WHEREAS, the Planning Commission held a public hearing on July 27, 1994 and voted
6-0 to recommend that the City Council approve the SPA amendment and Tentative Subdivision
Map; and,
WHEREAS, the City Clerk set the time and place for a hearing on said amendment and
tentative map and notice of said hearing, together with its purpose, was given by its publication
in a newspaper of general circulation in the city and its mailing to property owners within 1000
feet of the exterior boundaries of the property at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.,
August 23, 1994 in the Council Chambers, 276 Fourth Avenue, before the City Council and said
hearing was thereafter closed; and
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NOW THEREFORE, THE CITY COUNCIL finds, determines and resolves as follows:
SECTION 1. CEQA Evaluation.
This Project, conditionally permitting the Property located at the southeast comer of
Rancho Del Rey Parkway and Del Rey Blvd. to be subdivided in to 41 Lots with a 20
unit density transfer on to the site and changing the residential type from single family
attached to detached, is part of a larger project for which a Final Environmental Impact
Report, to wit FEIR 87-1, was been prepared and certified by this Council, and is
adjacent to the Rancho del Rey "power center" project for which a Final Supplemental
Environmental Impact Report, to wit: FSElR 92-02, was prepared and certified by this
Council.
A. FEIR 87-1 consisted of Final Environmental Impact Report (FEIR 87-1) SCH
#87070102, dated October 19, 1987 which contained (1) Draft EIR-87-1; (2)
Comments on the Draft and Responses; (3) one addenda; (4) Appendices (A
through 1) to the Environmental Impact Reports.
B. FSEIR 92-02 consisted of "FEIR 92-2", dated October 5, 1992, SCH #92051032,
which contained (1) Final EIR 92-2; (2) Comments and responses on the Draft
EIR 92-02; (3) Appendices to Responses to Comments, A through D, inclusive;
(4) Appendices 12.1 through 12.7 to the FEIR 92-2; (5) Errata Sheet for FSElR
for Rancho del Rey Commercial Center;
The FEIR 87-1 and the addendum entitled "Third Addendum to FElR 87-1, Rancho Del
Rey SPA I, Sunland Rancho Del Rey" ("Third Addendum") as well as FSElR 92-02, has been
reviewed and considered by the City Council of the City of Chula Vista; and
The FEIR 87-1, herewith defined to include the Third Addendum is hereby certified by
the City Council to have been completed in compliance with the California Environmental
Quality Act and all applicable guidelines.
The City Council accepts and approves the Third Addendum to FEIR-87-1 Rancho Del
Rey SPA 1- Sunland Rancho Del Rey; and finds in accordance to the Third Addendum to FEIR-
87-1 (IS-94-22) that all public services would be effected the same as the previous analysis and
no further changes would be required in conclusions, findings, and mitigation measures. The
project site was previously graded and there will be no further impacts to natural resources. The
City Council concurs in the conclusion expressed in the Third Addendum that the project will
not create any new environmental impacts that have not been fully and adequately analyzed in
FEIR 87-01 and the First and Third Addendum.
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Page 2
)'I~ ?
A. Re-Adootion of Findings.
The Council does hereby re-approve and incorporate herein as if set forth full, and make
each and every one of the CEQA Findings set forth in Council Resolution Nos. 13393,
adopted December 15, 1987 (87-1 adopting CEQA findings), 13389, adopted December
15, 1987 (87-1 adopting statement of overriding considerations); and 16900 (92-02)
adopted November 24, 1992.
B. Certain Mitigation Measures Feasible and Re-Adopted.
As more fully identified and set forth in the FEIR 87-1 and FSEIR 92-2, and the Third
Addendum, Council readopts the finding that, pursuant to Public Resources Code Section
21081 and CEQA Guidelines Section 15091, the mitigation measures described in the
FEIR 87-1 or the resolution approving same (Resolution No. 13393), are feasible and
will become binding upon the appropriate entity such as the Applicant, the City, or other
special districts which has to implement these specific mitigation measures.
C. Feasibilitv of Alternatives.
The Council has previously concluded that alternatives to the project evaluated under
FEIR 87-1 were found not to be feasible, and the approval of this Project and the
adoption of the Third Addendum does not change that conclusion, herein incorporated
by reference.
D. Adoption of Mitigation Monitoring Program.
As required by the Public Resources Code Section 21081.6, City Council hereby
determines that the Mitigation Monitoring and Reporting Program ("Program") adopted
in and set forth in the resolution adopting FEIR 87-1, and incorporated herein by
reference as set forth in full, is fully adequate for this Project. The City Council finds
that the Program is designed to ensure that during the project implementation and opera-
tion, the applicants and other responsible parties implement the Project components and
comply with the feasible mitigation measures identified in the findings and in the
program.
E. Statement of Overriding Considerations.
The City Council, when it adopted FEIR 87-1, originally concluded that after the
adoption of all feasible mitigation measures, certain significant or potentially significant
environmental affects caused by the project or cumulatively will remain. The City
Council of the City of Chula Vista, pursuant to CEQA Guidelines Section 15093, adopted
a Statement of Overriding Considerations by Resolution No. 13389 identifying the
specific economic, social, and other considerations that render the unavoidable significant
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Page 3
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adverse environmental effects still significant but acceptable. The approval of this
Project does not change the conclusions of the Council in the findings made in such
Statement of Overriding Considerations.
SECTION 2. Findings for Approval - Sectional Planning Area (SPA) Amendment
and Density Transfer.
A. The proposed sectional planning area plan is in conformity with the general
development plan of the P-C zone, any adopted specific plans, and the Chula
Vista general plan and its several elements.
The change from single family attached to detached is primarily an alternative to
the same product type and is therefore in conformance with the EI Rancho del
Rey Specific Plan, which was found at its adoption to be consistent with and a
refinement of the Chula Vista General Plan and its several elements.
In order to establish flexibility in the distribution of residential densities, the El
Rancho del Rey Specific Plan allows transfer of densities within any SPA. The
20 unit density transfer is thus in conformance with the El Rancho del Rey
Specific Plan and The Chula Vista General Plan as noted above.
B. The proposed sectional planing area plan would promote the orderly,
sequentialized development of the involved sectional planning area.
The proposed density transfer and change in residential type from attached to
detached will allow the applicant to develop a residential product that suits the
present market demand without affecting the housing balance envisioned within
the SPA. The density transfer will not increase the total number of units
authorized by the SPA and results in an improved development plan considering
the present market demand and the balance of housing opportunities envisioned
in the SPA plan.
C. The proposed sectional planning area plan would not adversely affect
adjacent land use, residential enjoyment, circulation, or environmental
quality.
The proposed project will occupy a graded building pad designated for residential
development within a Planned Community and with all streets and utilities in
place and designed to accommodate this development.
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SECTION 3. Findings for Approval of the Tentative Map.
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
Sunland Rancho Del Rey, Chula Vista Tract No. PCS-94-02, is in conformance
with the Elements of the City's General Plan, based on the following:
a. Land Use - The residential dwelling type is consistent with the Rancho del
Rey SPA Plan as amended by PCM-94-26.
Said amendment allows a detached housing product and the transfer of 20
units onto the site for a project yield of 11.8 du/ac which is consistent
with the 12 du/ac target density designated on the SPA plan, and the units
within the SPA are not increased over the total number authorized for the
SPA.
b. Circulation - The private street system meets the City standards and
requirements for emergency vehicles. The Addendum to EIR-87-01 shows
that public streets are adequate to serve the project.
c. Housing - The type of housing being proposed is town homes consistent
with the Rancho del Rey SPA Plan as amended by PCM-94.26.
d. Conservation - The adoption of FEIR-87-0l, and addendum thereto,
addressed the goals and policies of the Conservation Element of the
General Plan and found the development of this site as consistent with
those goals and policies. This proposal does not affect that finding.
e. Park and Recreation, Open Space - The Rancho del Rey SPA Plan
provides public parks and open space consistent with City policies.
f. Seismic Safety - There are no known active faults within the vicinity.
g. Safety - The proposal meets City threshold Standards for emergency
services.
h. Noise - A noise attenuation wall is required along all street boundaries
of the open space lot separating the residential buildings from the street.
With this measure the project will be consistent with Noise Element and
standards of the City.
1. Scenic Highway - The project is not to adjacent to scenic highways.
(f:\home\planning\luis\pcs-9402.ccr) Page 5
11/-9
j. Bicycle Routes - When the street system in the Rancho Del Rey was
originally constructed, appropriate bicycle lanes were included within the
community and are presently in use. The private streets within the project
are of adequate width to accommodate bicycle travel interior to the site.
k. Public Buildings - No public buildings are proposed on the site. The
project is required to pay RCT fees prior to the 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 residential development and the proposal
conforms to all standards established by the City for such projects.
SECTION 4. Conditional Approval of Real Property Exchange (boundary
adjustment) and Tentative Subdivision Map.
The City Council does hereby approve, subject to the following conditions, the tentative
subdivision map for Sunland Rancho del Rey, Chula Vista Tract PCS-94-02 and real
property exchange (boundary adjustment) shown thereon. Unless otherwise specified, all
Conditions and Code Requirements shall be fully completed to the City's satisfaction
prior to the approval of the First Final Map. Unless otherwise specified, "dedicate"
means grant the appropriate easement, rather than fee title. The Developer shall:
GENERAL
1. Install public facilities in accordance with the Rancho del Rey, SPA I and SPA
II 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.
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. Improvements,
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pl- / ()
facilities, dedications and construction of all improvements, including but not
limited to, streets and open space and recreation areas to be provided witb each
phase or unit of development shall be as determined by tbe City Engineer and
Director of Planning.
The City reserves tbe right to condition approval of each final map witb tbe
requirement to provide said improvements, facilities and/or dedications as
necessary to provide adequate circulation and to meet tbe requirements of police
and fire departments. The City Engineer and Planning Director may, at their
discretion, modify tbe sequence of improvement construction should conditions
change to warrant such a revision.
3. Prepare the final map(s) which include tbe exchange of property between tbe City
and developer to include tbe City as signatory.
4. A complete set of photo ready exhibits and text of the SPA I amendment shall be
submitted to tbe Planning Department prior to approval of the first final map.
STREETS. RIGHTS-OF-WAY AND IMPROVEMENTS
5. Design and construct all streets to meet tbe City standards for private streets, or
as approved by tbe City Engineer. Submit improvement plans for approval by
tbe City Engineer detailing tbe horizontal and vertical alignment of said streets.
6. Install decorative concrete paving, signing or other improvements required by tbe
City Engineer to identify tbe boundary between tbe public and private roadway
at the entrance to tbe proposed development on Rancho del Rey Parkway.
Decorative paving shall be located entirely within private property and be subject
to approval by the City Engineer and Planning Director.
7. Design and construct tbe entrance to tbe proposed development to include two ten
foot wide lanes for egress to tbe satisfaction of tbe City Engineer.
8. Request for variance on tbe tangent lengtb on private street "B" is hereby
approved.
9. Include in CC&R's homeowner's association responsibility to maintain all private
drives, streets, drainage and sewer facilities. Include tbe City of Chula Vista as
a party to said CC&R's autborizing tbe City to enforce tbe terms and conditions
in tbe same manner as any owner within tbe subdivision.
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10. All storm drains within the development and storm drain connections to public
storm drains within street rights-of-way shall be private and maintained by the
homeowners association.
11. Obtain private storm drain easements across City open space lots.
12. Guarantee and construct public sewers in accordance with City standards. Align
public sewers within lots 9 and 17 to the satisfaction of the City Engineer.
13. Grant on the final map general access and utility easements over private streets
and access and maintenance easements for all public sewers within Lots 9 and 17.
Provide improved access to support H-20 wheel loading to all sewer manholes.
14. Provide to the City a letter from Otay Municipal Water District indicating that the
assessments/bonded indebtedness for all parcels dedicated to the City have been
paid or that no assessments exist on the parcel(s).
15. 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.
16. Grant to the City a lO-foot wide utility easement adjacent to the street right-of-
way within the open space lot along Rancho del Rey Parkway.
GRADING
17. Submit and obtain approval by the City Engineer for an erosion and sedimentation
control plan as part of any grading plans.
AGREEMENTS
18. Enter into an agreement with the City whereby:
a. The developer agrees the City may withhold building permits for any units
in the subject subdivision if anyone of the following occur:
b. Regional development threshold limits set by the East Chula Vista
Transportation Phasing Plan have been reached.
c. Traffic volumes, levels of service, public utilities and/or services exceed
the adopted City threshold standards.
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d. The developer agrees that the City may withhold building permits for any
of the proposed development if the required public facilities, as identified
in the PFFP or as amended or otherwise conditioned have not been
completed or constructed to satisfaction of the City. The developer may
propose changes in the timing and sequencing of development and the
construction of improvements affected. In such case, the PFFP may be
amended as approved by the City Planning Director and Public Works
Director.
19. Agree to obtain an encroachment permit in favor of the subject development's
homeowners' association to install enhanced paving within public sewer
easements.
20. Agree to defend, indemnify and hold harmless the City and its agents, officers
and employees, from any claim, action or proceeding against the City, or its
agents, officers or employees to attack, set aside, void or annul any approval by
the City, including approval by its Planning Commission, City Councilor any
approval by its agents, officers, or employees with regard to this subdivision
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.
21. Agree to hold the City harmless from any liability for erosion, siltation or
increase flow of drainage resulting from this project.
22. 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.
OPEN SPACE/ASSESSMENTS
23. Grant in fee on the first Final Map all open space lots shown on the approved
tentative map to be granted to the City and execute and record a deed for each
lot. Prepare and submit for execution grant deeds for open space areas to be
granted from the City to the developer as shown on the approved tentative map.
24. Submit a list of all facilities located on open space lots to be maintained by the
existing Open Space District No. 20. This list shall include a description,
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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.
25. Pay all costs associated with:
a. Reapportionment of assessments for Assessment District 87-1 as a result
of subdivision of land within the project boundary. Request
reapportionment and submit a deposit to the City in the amount of $9640
($40/lots and units x 24 lots and units).
b. Pro-rata share of the assessment district due to additional units; estimated
at $7,519.20 (outstanding balance of $67,672.08/180 assumed units x 20
additional units).
26. Landscape and irrigation plans addressing the modifications to the irrigation
system and new landscape areas shall be prepared to the satisfaction of the Parks
and Recreation Director.
MISCELLANEOUS
27. Tie the boundary of the subdivision to the California System -Zone VI (1983).
28. 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 coordinate geometry calculations and submit the
information in accordance with the City Guidelines for Digital Submittal in
duplicate on 5-112 HD floppy disk prior to the approval of each Final Map.
SECTION 5. Code 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 Subdivision
Ordinance and Subdivision Manual.
2. Underground all utilities within the subdivision in accordance with Municipal
Code requirements.
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pi" /II
3. Pay the following fees in accordance with the City Code and Council Policy:
a. The Transportation and Public Facilities Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to sewer connection
fees.
d. Interim Pre-SR-125 impact fee (effective January 1, 1995).
e. Pay the amount of said fees in effect at the time of issuance of building
permits.
Failing any of which conditions, or failing the continued maintenance of same as the condition
may require, this conditional approval and any entitlement accruing hereunder, shall, following
a public hearing by the City Council at which the Applicant or his successor in interest is given
notice and the opportunity to appear and be heard with regard thereto, be terminated or modified
by the City Council.
SECTION 6. Notice of Determination.
City Council directs the Environmental Review Coordinator to post a Notice of Determination
and file the same with the County Clerk.
SECTION 7. Transmittal of Resolution
That a copy of this resolution be transmitted to the owners of the property.
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning
Bruce M. Boogaard
City Attorney
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(!) APPLICANT: R.D.R. IDvestors, LP. PIlOJECT DIICIlIPTION: 1'1___/" /11,
, SediODal Plan Area Plan
So. aWe or LD.R. PrkJ.. L of
ADDIlEII: Del Rey Blvd. Request cIwIle .f resldeatial deslpadoa
aCALE: FILE NUMaEIl: from _eked Oatl to Sf1).Coadol, A iaereue
NORm 1" - 800' PCM-94-26 tile DO. .f llllitl .now-eel frolD 180. 200.
-52
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ATTACHMENT 1
EXHIBITS
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EXHIBIT A
CHULA VISTA TRACT NO. 88-01, MAP NO. US04
RANCHO DEL REY PHASE 6 UNIT 2 LOT 119 AND LOT B
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... / / /..I PORTION TO BE
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TOTAL AREA: UN ACRES
~ PORTION TO BE
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TOTAL AIt&\: UC ACRES
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FILE NO, EV.)90
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OWN BY: LMC
14-fq
SUNLANJ) IN RANCHO DEL REV
LOT 1" MAP 12504
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ATTACHMENT 2
PLANNING COMMISSION
RECOMMENDING RESOLUTION
AND
MINUTES
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RESOLUTION NO. PCM-94-26/PCS-94-02
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
APPROVE AN AMENDMENT TO THE RANCHO DEL REY
SECTIONAL PLANNING AREA (SPA) I PLAN, PCM-94-26; AND A
TENTATIVE SUBDMSION MAP FOR SUNLAND COMMUNITIES,
CHULA VISTA TRACT 94-02, PCS-94-02
WHEREAS, duly verified applications for a Sectional Planning Area Plan I amendment
and a tentative subdivision map were flled with the Planning Department of the City of Chula
Vista on April 28, 1994 by Suniand Communities and Rancho Del Rey Partnership L.P. for
property within Rancho del Rey SPA I; and,
WHEREAS, said applications requested (1) an amendment to reclassify 16.9 acres located
at the southeast comer of Rancho Del Rey Parkway and Del Rey Blvd. from Single Family
Attached to Single Family Detached Townhomes, (2) a 20 unit density transfer on to the site,
and (3) approval of a tentative subdivision map to subdivide Lot 119 of Map 12504 into 41 lots
containing a total of 200 dwelling units; and,
WHEREAS, the Environmental Review Coordinator has determined that no new or
supplemental EIR is necessary and has prepared an addendum to FEIR-87-OI, Rancho Del Rey
SPA I which must be considered by the Planning Commission prior to a decision on the project;
and,
WHEREAS, the Planning Director set the time and place for a hearing on said tentative
subdivision map and SPA amendment applications, and notice of said hearing, together with its
purpose, was given by its publication in a newspaper of general circulation in the city and its
mailing to property owners within 1000 feet of the exterior boundaries of the property at least
ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m.
July 27,1994 in the Council Chambers, 276 Fourth Avenue, before the planning Commission
and said hearing was thereafter closed; and,
WHEREAS, the Commission reviewed and considered the addendum to the FEIR-87-01
prior to action on the project.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
hereby recommends that the City Council amend the Rancho Del Rey Sectional planning Area
(SPA) I plan and approve the Tentative Subdivision Map for Sunland Communities, Chula Vista
Tract PCS-94-02, in accordance with the findings and subject to the conditions contained in the
attached draft City Council Resolution.
_ :;4-23
BE IT FURTIlER RESOLVED TIIAT a copy of this resolution be transmitted to the
City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 27th day of July, 1994 by the following vote, to-wit:
AYES: CommisSioners Fuller, Moot, Ray, Salas, Tarantino, and Tuchscher
NOES: None
ABSENT: Commissioner Martin (with notification)
ABSTENTIONS: None
~v
William C. Tuchscher II, Chairman
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ATTEST:
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'Nancy pley, ecre ry
(f:\homclpIamlinaUuis\pcs.9402....)
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UNOFFmCDAl 'liJNUi~,~
PC Minutes
-9-
July 27, 1994
EXCERPT FROM PLANNING COMMISSION MINUTES OF 7/27/94
ITEM 2:
CONSIDERATION OF THE FOLLOWING APPUCATIONS FILED BY
SUNLAND RANCHO DEL REY AND RANCHO DEL REY INVESTORS,
L.P. FOR 16.9 ACRES LOCATED AT THE SOUTHWEST CORNER OF
RANCHO DEL REY PARKWAY AND DEL REY BOULEVARD WITHIN
THE RANCHO DEL REY PLANNED COMMUNITY:
(a) PCM-94-26; AMENDMENT TO THE RANCHO DEL REY
SECTIONAL PLANNING AREA (SPA) I PLAN RECLASSIFYING
LOT 119 FROM SINGLE FAMILY ATTACHED (SFA) TO SINGLE
FAMILY DETACHED TOWNHOMES (SFDT) AND AUTHORIZING
A 20 UNIT DENSITY TRANSFER ONTO THE SITE.
(b) PCS-94-02: TENTATIVE SUBDMSION MAP FOR SUNLAND
RANCHO DEL REY, CHULA VISTA TRACT PCS-94-02.
The staff report was presented by Associate Planner Hernandez. He noted that the proposed
tentative map consisted of 41 lots, including 12 lots dedicated to open space and loop road; 27
lots would contain the 200 units proposed for the development; each lot is approximately 1/2
acre except for the comer lots which range from .70 to 1 acre. Mr. Hernandez proceeded with
an explanation of the project, concluding with a staff recommendation that the Planning
Commission adopt a motion that it had reviewed and considered the addendum to FEIR-87-01,
and approve resolution PCM-94-26/PCS-94-02 attached to the staff report.
Commissioner Fuller, referring to page 7 of the resolution, item 9, questioned the maintenance
of drainage, sewer facilities, and storm drains. Sr. Civil Engineer Ullrich replied that some of
the sewers may go up local driveways, which the City would not maintain. The City would
maintain the major main within the loop street, but not any side ones. Regarding storm drains,
the entire street is private, so the City requires the storm drain to be private as well.
Commissioner Ray, referencing a further sentence on the same page, questioned "the City to
enforce the terms and conditions in the same manner as any owner within the subdivision." He
asked if the City had the same right as the homeowners or homeowners association to enforce
proper maintenance. Mr. Ullrich answered that it was included so the City could participate in
the homeowners association if desired. The City would have the right, but not the requirement,
to do so. The City would have no more of a vote than a single resident.
At Commissioner Ray's request, a slide was shown to point out the elevation of the project over
the surrounding area. Mr. Hernandez stated that the lowest point was approximately 20 feet and
the highest point abqut 40 feet, a 2:1 slope.
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PC Minutes
-10-
July 27, 1994
Commissioner Tarantino, referring to page 2-52 of the staff report, questioned the adequacy of
the site drainage facilities for the project, and the adjustment required by the Fire Department.
Mr. Hernandez stated that a drainage channel was being installed and connecte<i to the project.
Commissioner Moot questioned the density transfer. Mr. Hernandez, using an overhead,
showed the areas being affected. Answering Commissioner Moot, Mr. Hernandez stated that
no specific area was less dense; each parcel had a target number of units. Other projects within
the SPA had less units than the SPA allowed to be built; that became a credit to be used in
another area.
This being the time and the place as advertised, the public hearing was opened.
Chair Tuchscher noted that Mr. Kretowicz had requested 15 minutes, and with the concurrence
of the Planning Commission allowed that amount of time.
Ure Kretowicz, 5095 Murphy Canyon Rd. #280, San Diego, Chairman of the Board and CEO
of Sunland Communities and Cornerstone Communities, using slides, explained the product they
were proposing.
Commissioner Moot asked the market price of the homes. Mr. Kretowicz said they were hoping
to enter the market at the mid $130's which they believed to be substantially less than any
product around. They would be able to compete head-to-head with attached product. The
marketing was to offer a young couple who could only afford attached product the opportunity
to buy a detached home at almost head-to-head pricing.
Commissioner Salas asked where the project in the Bay Area was located, since she would be
in the area soon and would like to see it. Mr. Kretowicz stated that it was in Pleasanton, and
would give her the address.
Commissioner Ray asked if the project was comparable to the project just east of Bonita Road.
Mr. Hernandez stated that the development concept on Mansanto was the same-a loop road
which fed into individual motor courts. Each motor court had six to eight duplexes; however,
the separation and arrangement was more single-family. It was basically the same concept
regarding site planning.
No one else wishing to speak, the public bearing was closed.
MSUC (Ray/Fuller) 6-0 (Commill.~ioner Martin excused) to approve resolution
PCM-94-26/PCS-94-02 recommending that the City Councll approve the Sectional planning
Area amendment, density transfer, and Tentative Subdivision Map for Sunland Rancho Del
Rey Subdivision, Chula Vista Tract PCS-94-02, in accordance with the draft City Councll
Resolution and based on the fmdings and subject to the conditions listed therein, and
including FEIR-87-01 Addendum.
->>-
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PC Minutes
-11-
July 27, 1994
Commissioner Ray asked when the project would be on the market. Mr. Kretowicz stated they
anticipated receiving a fInal map by November or December; hopefully, they would be grading
in October and delivering the product during the fIrst quarter of next year.
--11-.-
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TENTATIVE SUBDIVISION MAP
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CONCEPTUAL DEVELOPMENT PROPOSAL
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ATTACHMENT 5
RANCHO DEL REY
SECTIONAL PLANNING AREA (SPA) I PLAN
AND
SITE UTILIZATION PLAN
-81-
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THIRD ADDENDUM
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TIllRD ADDENDUM TO ENVIRONMENTAL IMPACT REPORT
SFEIR 87-01
Rancho Del Rey Spa I
PROJECT NAME:
Sunland Rancho Del Rey
PROJECT LOCATION: North of East H Street; east of Del Rey Boulevard; and south of
Rancho Del Rey Parkway
I. INTRODUCTION
The environmental review procedures of the City of Chula Vista allow the
Environmental Review Coordinator (ERe) to prepare an addendum to a Negative
Declaration or Environmental Impact Report, if:
1. None of the conditions described in Section 15162 calling for preparation of a
subsequent E1R have occurred;
2. Only minor technical changes or additions are necessary to make the E1R under
consideration adequate under CEQA; and
3. The changes to the E1R made by the addendum do not raise important new
issues about the significant effects on the environment.
FEIR-87-01 Rancho Del Rev (SPA) I Plan analyzed ,the environmental impact of the
first Sectional Planning Area (SPA) Plan within the El Rancho del Rey Specific Plan
area, as welI as a number of other discretionary actions. The project involved the
construction of 982 single-family units, 1219 multi-family units, an employment park
(84.5 acres), community facilities, neighborhood and community parks, a school site,
open space and a circulation system on 808.6 acres bounded on the north and east by
Otay Lakes Road, East "H" Street to the south and Paseo Ranchero to the west.
Subsequent to the completion of that document two addenda were prepared. The first
addendum, An Addendum to EIR-87-1. Evaluation of the Adeauacv of the
Environmental ImDact ReDort for the Revised Rancho Del Rev Sectional Planninl!: Area
(SPA) Plan. October 1987 analyzed changes to land use on two of the onsite parcels
of Rancho Del Rey SPA I : the proposed school site on the project was relocated to an
area previously designated as residential and the residential units were relocated to the
school site. The addendum concluded that: no significant environmental effects would
result from the modified project, no new mitigation measures were needed, and that the
facility and service needs generated by the proposed project are similar to those
projected for the original project.
Second Addendum to FEIR-87-l Rancho del Rev SDa I. EmDlovment DeveloDment
Denartment analyzed the impact of a 22,865 square foot single-story tilt-up building
proposed for lease to the State of California Employment Development Department in
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the eastern section of Rancho Del Rey SPA I Business Park, north of H Street between
Del Rey Blvd. to the west and Paseo Ranchero to the east. The Second Addendum
found that there were no significant impacts.
Now different land uses are proposed for Parcel Number R -12 (See attached Exhibits
1 and 2), a 16.87 acre parcel south of Rancho Del Rey Parkway, east of Del Rey Blvd.
and north of the commercial center. The original plan proposed 180 single-family
attached townhouse units. The amendment proposes to increase the number of units
permitted on this site from 180 to 200 and change the type of unit from single-family
attached townhomes to single-family detached condominiums. IS-94-22 has been
prepared in order to provide additional information and analysis concerning impacts to
noise and land use. As a result of this analysis, the basic conclusions of the
Environmental Impact Report have not changed. The applicant has incorporated
measures into the proposed project to ensure that impacts of this modification of the
prior project remain at a level below significant. Therefore, in accordance with Section
15164 of the CEQA Guidelines, the City has prepared this Third Addendum to EIR 87-
01 for Rancho Del Rey Spa I.
n. PROJECT DESCRIPTION
The location of the proposed project is south of Rancho Del Rey Parkway, east of Del
Rey Blvd., and north of the commercial center. The proposed project is an amendment
to the adopted Rancho del Rey SPA I Plan.
The applicant's submittal included the proposal to amend the General Development Plan
to change the Development Plan diagram from the "Townhome" land use to single
family condominium. It is the opinion of the Director of Planning that a General
Development Plan amendment is not necessary. The Specific Plan describes the
"Character" of housing within the 6-8 unit per acre density range as "townhomes, patio
homes, duplexes, multiplexes, condominiums and clustered units. (See Exhibit 3). Both
the current and proposed designation are included in this description.
The purpose of this project is to redistribute density within the SPA I project area
increasing the density of one parcel while adjusting the assigned density on several
other parcels to make the SPA Plan statistics consistent with final map approvals.
Specifically, a portion of (20 units) the difference between the permitted SPA units and
the mapped units (56) in parcels R-3, R-4, R-6, R-7, R-9, R-10, R-11b, R-13 a and b
and R-14 is added to Parcel R-12. (See Exhibit 4) The remaining 36 units will not be
developed. Portions of parcels 1,4,5,6,10,13, and 14 currently under City ownership
are proposed for development in exchange for the applicant's granting to the City in fee
simple a strip ofland along the circumference of parcels 1,7,8,9,10,11, and 12 for open
space (see Exhibit 5). The Rancho Del Rey SPA I Plan identifies the 16.87 acre R-12
parcel as "SFA-Townhouse" (12.0 dulacre, 180 units). Through density transfers, the
proposed parcel of land is now proposed for a total of 200 units (11.9 dulac) and to be
developed as single family detached units on common land ownership.
The proposed project will involve the construction of 200 two-story detached, two and
three bedroom, residential condominium units. Six hundred five (605) parking spaces
B:\ADDElR.SUN
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.
wiIl be provided. A five-foot wall (consisting of a 3 foot stem wall and 2 feet of a
wrought iron fence) is proposed around the perimeter of the property excluding 540 feet
along the northerly boundary to the immediate west of the entrance of the property. A
five foot solid wall is proposed adjacent to the northerly property line on the 54 feet
west of the intersection of Ayamonte Avenue and Rancho Del Rey Parkway as weIl as
along the project entryway. A wrought iron fence is proposed at the entry to the
subdivision. The remainder of the site wiIl be bordered by a 5 foot solid privacy wall
to the east and west of the private street that wiIl provide access to the residential
project. The project wiIl provide recreational facilities for residents in the form of two
tot lots. A common openspace area is planned surrounding the units in the center of
the proj ect.
To allow for the development of 200 units on Lot 19 of Rancho Del Rey, a Tentative
Subdivision map approval and SPA amendment are required. The units are subject to
design review approval. The SPA amendment is proposing a change to the original
SPA as to type and number of units to be developed. The SPA amendment is
proposing that 200, rather than 180 as outlined in the original SPA, be allowed and that
the these units be detached condos, as opposed to attached townhomes that are
originally outlined in Rancho Del Rey SPA I.
The Subdivision map approval is required to outline the division of the lots as proposed
for development of 200 detached condominium units. The project wiIl be subject to
approval by the Planning Commission and City Council.
Due to the increase in development intensity/density over the approved SPA plan, the
applicant shaIl be required to pay into assessment district 87-1 in accordance with the
project's prorata share of the cost of the facilities within the district. The assessment
district covers water and utilities benefit assessment for this parcel. The additional fees
wiIl ensure that the impact of increase in development is at a level below significant.
The tentative parcel map for this project has incorporated the relocation of an existing
street light at the proposed driveway cut to the northeast comer of Rancho Del Rey
Parkway and Ayomonte Way and an additional street light to the east of the proposed
driveway, as per the Engineering department requirements. The driveway accessing the
development must meet city standards.
The applicant wil1 be required to submit an updated soils study prior to the issuance of
a grading permit.
Existing on-site drainage facilities are not adequate to service the project. On-site
col1ection and conveyance facilities will be required in order to adequately convey site
runoff to downstream drainage facilities. Off-site drainage facilities consisting of a 30"
RCP in Rancho Del Rey Parkway, a 24" RCP at the southwest comer of the parcel
discharging to a 24" CMP which ultimately discharges to a 24" RCP in Del Rey
Boulevard are adequate to serve the project.
The Fire Department requires adjustments to the project entrance which address an
access problem for fire apparatus due to limited turning radius. Access problems have
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also been noted on Lots 1 and 9. The turning radius must be made adequate for fire
apparatus. Roadways that deadend beyond 150' must be provided with a 75' x 24'
hammerhead or a 40' radius cul-de-sac. The security gate at the entrance of the project
may need to be relocated so that fire apparatus may access the complex. Eight fire
hydrants will be on the site as located on the tentative subdivision map, per the Fire
Department. Fire sprinkler systems may be required on lots not meeting access
requirements. Maximum roadway grade may nor exceed 15%.
An NPDES general permit for stormwater discharges associated with construction
activity will be required by the State Water Resources Board, because soil discharges
will exceed five acres and because the project is part of a larger common plan of
development. A Storm Water Pollution Prevention Plan (SWPPP) will be required,
which will ensure that stormwater discharges are at a level below significant.
The Otay Water District has determined that an adequate water system is available for
the project. However, the Otay Water District will assess the pipe size that will be
required once the Fire Department determines the fue-flow.
m. PROJECT SETTING
The project is located north of East "H", east of Del Rey Blvd., and south of RDR
Parkway in Rancho Del Rey SPA I. The site is located northerly of the newly
developed Rancho Del Rey Commercial Center (Home Depot) and southerly of single-
family homes under development in Rancho Del Rey SPA I. Open space is to the
immediate soutli and east of the site.
IV. IDENTIFICATION OF ENVIRONMENTAL EFFECTS
In accordance with CEQA Regulations and City of Chula Vista standards the following
areas of concern are addressed in this Addendum:
Schools
The entire Rancho Del Rey project is within Mello-Roos Community Facilities District
No.3. All properties are assessed a special tax to fully mitigate impacts to elementary
and secondary school facilities. As there will be 36 fewer units than originally planned,
the project will have fewer school aged children and therefore, there will be less of an
impact on schools over what was previously expected.
~
In the noise section of FSEIR Rancho Del Rev SPA I. a 65 CNEL was indicated at the
southern edge of the proposed project. Subsequent to the completion of the analysis,
the business park was approved to the south of this project site. This prompted concern
as to whether there may be a noise impact to future residents of the project site.
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B,IADDElR.SUN
A noise study evaluated whether the proposed 5 foot view wall (3-foot solid base and
2 feet of wrought iron) is sufficient to insure compliance with the City's noise standard
of 65 dB CNEL. .
An analysis was undertaken to evaluate the additional impact of the business park
traffic and to examine the topographical relationship between the site and wall and
nearby traffic sources. The noise study, which involved noise readings taken on May
27, 1994 concluded that additional noise protection be incorporated into the perimeter
wall to break the line of sight from a person using their yard for relaxation or recreation
and "H" Street traffic. Given that the proposed project is located right at the edge of
the future 65 dB contour with the southernmost units likely at 66-67 dB CNEL and
given that the initially proposed 3 foot wall base affords no noise protection, the study
recommends either a solid barrier to 5 feet in height or the use of glass/plexiglass above
the 3 foot stem wall for maintaining views while affording traffic noise protection for
recreational activities of residents. The applicant has included the above described wall
within the project description. Implementation of the project will result in a less than
significant noise impact.
Land Use
Background
The Chula Vista General Plan Land Use Diagram (Fig.1-2) designates the property in
question as Residential Medium (6-11) dulac). The approved Rancho Del Rey Specific
Plan identifies the proposed parcel ofland as residential (6-8 dulac, averaging 8 dulac).
The General Development Plan identifies the parcel as "TH" (Townhomes 11.8 dulac).
The SPA Plan identifies the parcel as "SFA-Townhouse" (12.0 dulac, 180 units).
Through density transfers, the proposed parcel of land in now proposed for a total of
200 units (11.9 dulac) and is proposed to be developed as single family detached units
on common land ownership.
The General Plan permits single family attached units within the Residential Medium,
6-11 dulac density range, although the Rancho Del Rey SPA was approved as a
balanced community with a variety of housing types, including townhomes. An
analysis of what impacts this might have to the provision of affordable units and the
mix of housing types follows. The apparent inconsistencies in permitted densities
between the General Plan, Specific Plan, General. Development Plan, and SPA Plan are
a result of density policies that were in effect at the time of project approvals. The
adopted Specific Plan supercedes General Plan policies and the General Development
Plan was approved and found to be consistent with the "character" of the Specific Plan.
If during a density transfer the overall number of units permitted in the originaIly
approved plan were exceeded or the "character" becomes inconsistent with the originaI
plan, there is a lack of consistency. In this proposed amendment, the number of units
will be lower than originaIly proposed and the "character" will remain the same.
Therefore, the plans would be considered consistent.
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Affordable Housing
Previous phases of Rancho Del Rey SPA have met the bulk of the affordable housing
requirement for the entire Specific Plan for Rancho Del Rey. The remaining number
of units to be provided are 23 in the lower end level and 72 in the moderate level. The
Community Development Department has stated that this project fits within the range
of projects providing a housing range ofS133,000 to $170,000 per unit, which may fall
into the moderate level of housing (subsidies may be required).
"Under the City's Affordable Housing Program, the provision of low and moderate
income affordable housing units was made a condition of the approval of the Rancho
Del Rey Specific Plan. The designation of a variety of housing product types and
densities within the plan were, in part, intended to provide sufficient opportunities to
satisfy this condition. Previous phases of Rancho Del Rey have fulfilled much of that
requirement. The remAining number of units to be provided are 23 low-income and 72
moderate-income.
The present designation of the project site for attached housing development was
envisioned as providing potential opportunities for moderate-income affordability. In
reviewing the proposed change to single family detached units, the Community
Development Department has stated that the proposed change will not affect the ability
to fulfill remaining moderate-income housing requirements within the Specific area.
The two principle reasons for this conclusion are:
The stated price range for the proposed detached units is $133,000 to $170,000
per unit. Based on present regional median income figures, moderate-income
affordability could be achieved through units in the $140,000 range and below
(some subsidies may be required). Additionally, the proposed unit pricing range
is comparable to that which might have existed in an attached product
development.
Another project currently under construction within the Specific Plan area
intends to satisfy a large part of the remaining 72 moderate-income unit
requirement, and additional opportunities will exist within the yet-to-be
developed Rancho Del Rey SPA III area
McMillin Communities is presently working with the Community Development
Department to secure a plan for fulfilling the reJl1A;n;ng low and moderate-income unit
requirements."
Mixed Land Uses
The proposed project will create a change in the type of units produced in Rancho Del
Rey Spa I, Parcel 12. Although the proposed project involves a change in product type
as outlined in the RDR Spa I Plan, from townhome to SFD Condo, the impact to
community character is negligible. The SFD Condominium and Townhome both are
clustered housing, in the same price range for purchase and similar in design.
Generally a townhouse development is lower density than a condominium project.
B:IADDEIll.SUN
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However in this project the loop street and cottages grouped around a common
courtyard is similar to a townhome grouping. The price range is similar to townhomes.
Therefore although the balance of housing typed envisioned in Rancho Del Rey Spa I
may be slightly different than in this project, the character is essentially the same. The
SFD Condo provides common land ownership, while providing a similar community
character and setting as would a townhome complex.
V. CONCLUSION
Geotechnical, noise and land use impacts are found to be less than significant. Pursuant
to section 15164 of the State CEQA Guidelines and based upon the above discussion,
I hereby fmd that the project revisions of the proposed project will result in only minor
technical changes or additions and have not created any new environmental impacts.
The proposed project was adequately analyzed in FEIR-87-01 and the third addendum.
VI. REFERENCES
FEIR-87-01 Rancho Del Rey SPA I Plan, First and Second Addendum
FEIR-92-02 Rancho Del Rey Commercial Center
General Plan, City of Chula Vista
Title 19, Chula Vista Municipal Code
City of Chula Vista Environmental Review Procedures
Sunland\Rancho del Rey Noise Impact Analysis, Giroux and Associates, May 31, 1994
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Enviro ental iew Coo dinator "
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EXHIBIT 3
TABLE 1
Rancho del Rey SPA I
Spectftc Plan 'ersus General Development Plan Consistency
Adopted Spectflc 'lan General Dewelopment Plan
Character Units UnIts UnIts
Densfty Descr'ptfon Pennl tted Product Proposed Transferred
0-2 Sfnghi FMny 63 SIngle Famf1y 63 D
Estate lots Estate Lots
2-4 Sfngl. Fallny 2~9 SIngle Famf1y ~ %r,'. +55- + 010
Detached ConventIonal
(5,000 sf lots)
I 4-6 S..111ot sfngle 1,099 SIngle Famf1y ~ ~OO ..ef8- -'~ 9'
1 f...ly. zero lot Cottage (small
Itne patio holies. lot) and Duplexes
\ duplexes. ..It'-
- plexes. clustered
~ de.eloplll!nt ~FD ~o
,
~ 6-8 ..-.----- Townholles. patiO 212 T-ewnhettl-bS ~: %00 -9t- -12-
~ holies. duplexes. "
..ltfp1exes.
cond.tntUIIS.
clustered
. .e- - 314-
8-12 Sf.nar to 6-8 374 Multl-famlly i95' .".
wt th group perkl ng (stacked unIts
and stacked untts wIth group parking)
12-20 Stacted cond.tntUIIS. 224 Multt-falllf1y -66& ' ..,~~ ~ +S~I
garden apartllents (stacked untts with
group parktng)
TOTALS 2.201 2,~81 ;2..,1 ~ -81
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EXHIBIT 4
tal upacts should be .ssociated with the project. The project EIR
evaluated the iapacts ..sociated with. total of 2,201 units in
ltancho del Rey SPA I and the units of the propo.ed project ,will be
le.s than that ori;inally approved total.
'l'A.BLE A
BPI. Plan".. -..ppecS- Vnit.a by parcel
Parcel R-l1a ...ndment
v R-11a
154
106
'1'otal -Available- Unit.a
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Proposed parcel statistics
Paret!1
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Jl-7
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1l-12
Jl-13a'b
Jl-14
8m - conventional
8m - Conventional
8m - Cotta;e
8rD - Cotta;e
8m - Cott.;e
8m - cotta;e
sro - Cotta;e
sro - 'Cotta;e
8ro - Condo
IlUltl-J'amily
Ilulti-J'amily
51.1
...
..5
21.5
12.2
32.t
23.5
12.'
15.0
t."
t.t
Vncban;ed parcels
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20
2'
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111
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198
10'
77
138
147
200
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fttal ~opo.ed Vnit.a 2,117 du
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(02-10-'4)
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Giroux & Associates
Environmental Coil tants
May 31, 1994
,
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city of Chu1a vista
Attn: Ms. Barbara Reed
276 Fourth Avenue
Chula vista, CA 91910
Re: Sunland/Rancho del Rey Noise Impact Analysis.
Dear Ms. Reed:
As you requested, we reviewed the site plans and the previous
Rancho del Rey environmental documents to evaluate whether the
proposed 5-foot view wall (3-foot solid base and 2-foot wrought
iron) was sufficient to insure compliance with the city's noise
standard of 65 dB CNEL. Our review of the environmental documents
suggested that the standard may be marginally met with ultimate "H"
street traffic volumes, but this finding did not consider the
additional noise generated by traffic in the adjacent business
park. with this further noise increment, the standard could be
exceeded.
An analysis was undertaken to evaluate the additional impact of
business park traffic and to examine the topographical relationship
between the site and wall and nearby traffic sources. This
analysis entailed comparative on-site noise measurements at site
locations exposed to business park traffic and other retail
activity noise versus locations with minimal business park noise
exposure. The analysis also included an evaluation of detailed
cross-sections to determine the degree of noise attenuation created
by the final graded topography wit inclusion of the 3-foot
perimeter barrier to establish whether any greater barrier height
would be necessary.
Roise Monitoring
Noise measurements were made on Friday, May 27, 1994, with an
Extech digital sound survey meter with the data computer processed
to translate sequential short-term readings into an energy
equivalent level (LEO). Although these were short-term readings
while the city standard is CNEL-based, monitoring experience has
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shown that LEQs on a Friday afternoon (3-4 p.m.) are very similar
to the CNELs at a given location with CNELs perhaps 2-3 dB higher.
Four locations were monitored as shown in Figure 1.
the measurements are summarized in Table 1.
conclusions can be drawn from these measurements:
The results of
The following
1. Allowing for a +2 db growth in noise levels from future "H"
street traffic levels, and allowing for a 2-3 dB differential
between measured LEQ and the probable CHEL, future noise
levels will be just met at the brow of the hill marking the
site of the proposed perimeter wall at the locations
monitored. For the southernmost locations nearest "H" street
(Lots 64 and 65) not measured in this study, future noise
levels probably will slightly exceed 65 dB CNEL. with any
break in the line of sight created by the brow at any location
north of the brow and/or with any additional benefit created
by the perimeter wall, the city standard would be met with a
wide margin of safety. If no break is attained by either
feature, the probability of meeting city standards would be
marginal at the closest residences.
2. The noise impact of traffic around Home Depot increases the
background noise level by 1 dB and the instantaneous (1-
second) maximum by 3 dB. Levels of 3 dB or less are
marginally perceptible by people. Single event noise levels
from the parking lot are thus barely perceptible and, on
average, it is not noticeably noisier closer to the parking
lot than farther away at locations equally removed from "H"
Street. The average individual noise level created by the
parking lot traffic on the hill above to raise noise levels
from 59 dB (unaffected site) to a combined 60 dB (affected
site) is 53 dB. parking activity closer proximity at some
project locations is thus not an issue.
TOpographyjWall Effects
A detailed analysis of the noise transmission pathway from "H"
Street to the rear/side yards of units closest to the edge of the
Bluff waB made to determine line-of-sight relationships between
private yard receivers and the "H" Street traffic noise source. A
propagation cross-section was constructed along a path from "H"
Street to Lots 64 and 65 where the 65 dB standard might be exceeded
by 1-2 dB in the future, and to Lots 37 and 38 where the standard
might be marginally met. In each case, a person standing in their
yard will be able to just see/hear traffic above the 3-foot stem
wall. The topography at final grade plus the solid part of the
stem wall affords no noise protection that would insure meeting
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FIGURE 3-
ON-SITE NOISE MONITORING LOCATIONS
OS/27/94)
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TABLE 1.
ON-SITE NOISE MONITORING SUMMARY (05/27/94)
Noise Levels (dB(A))
site No.
1m
LmaX
1..min
L1.Q.
1
59
66
50
62
2
57
65
49
61
3
56
64
48
60
4
60
69
53
63
"H" street Traffic = 3100 VPH
98.5% LOA
1. 2% LOT
0.3% HOT
Key: LEQ = average energy-weighted level
Lmax = 1-second maximum
Lmin = 1-second minimum
L10 = level exceeded on 10% of readings
L50 = level exceeded on 50% of readings
L90 = level exceeded on 90% of readings
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L2Q.
57
56
53
58
l&.Q.
53
51
49
55
-5-
city standards with any margin of safety. Although the degree of
excess is very small at those locations potentially exposed,
traffic noise would detract from enjoyment of private yardf'!,
particularly if there is also sound reflection off the building
facade.
RecomDendation
It is our recommendation that additional noise protection be
incorporated into the perimeter wall to break the line of sight
from a person using their yard for relaxation or recreation and "8"
street traffic. Although the degree of any potential excess is
small, 65 dB CNEL is already very noisy. Jurisdictions such as San
Diego County and a number of municipalities use 60 dB CNEL for
single family dwellings as their noise standard. Given that the
proposed project is located right at the edge of the future 65 dB
contour with the southernmost units likely at 66-67 dB CNEL, and
given that the 3-foot wall base affords no noise protection, we
recommend either a solid barrier to. 5 feet or the use of
glass/plexiglass above the 3-foot stem wall for maintaining views
while affording traffic noise protection for any pool/spa/patio
uses at the potentially affected residences.
Our recommendation is to maintain a 5-foot barrier at the rear of
Lots 5-10 (Units 37, 38, 43, 44, 49, 50, 51, 56, 57, 58, 63, 64,
65, 66, 67, 68, 71, 72, 73 and 74) instead of the wrought iron
topped stem wall. If a view-retaining material is used, the
minimum recommended density is 4 pounds per square foot to reduce
potential vibration/reradiation of sound by maintaining adequate
barrier mass.
We hope that the above analysis provides you with the ability to
evaluate the proposed project relative to future noise exposure and
to establish appropriate conditions. Please call me if you have.
any questions.
Sincerely,
N~D.~
Hans D. Giroux
Senior scientist
Giroux & Associates
HDG:ai
~--'
'4-.' '1
- .
THIS PAGE BLANK
..
-~--
/ 11 ~ 7{)
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party
to or interested in the above-entitled matter.
I am the principal clerk of the printer of the
STAR-NEWS, CHULA VISTA, a newspaper
of general circulation, published
TWICE-WEEKLY in the City of Chula Vista,
and the South Bay Judicial District, County
of San Diego, and which newspaper has
been adjudged a newspaper of general
circulation by the Superior Court of the
County of San Diego, State of California,
under the date of April 23, 1951, Case
Number 164327; that the notice, of which
the annexed is a printed copy ( set in type
not smaller than nonpareil), has been
published in each regular and entire issue
of said newspaper and not in any
supplement thereof on the following dates,
to-wit:
8/6
all in the year 1994
I certify ( or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at CHULA VISTA
6TH
day of AU GUS ~ 1994
l
Signatur
This space is for the County Clerk's Filing Stamp
"
"
";' ~ ~
c,
Proof of Publication of:
~OT~~~~PU~~_~AR~~_____
~VO~~_______________
NOTICE OF PUBLIC
HEARING BYTHE CHUlA
VISTA CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HE REBY GIVEN
THAT THE CHULA VISTA
CITY COUNCIL wUl hold a pu-
blic hearing to consider the fol-
lowing:
Purpose of considering
amendment to Rancho del Rey
Section Planning Area I Plan &
Tentative SubdIvision known
as Sunland Rancho del Rey
(CVTNo. PCS-94-02).
Purpose of considering
amendment to EastLake II GP-.
EastLake Greens SPA, East~
Lake II Planned Community
District, Eastlake Greens Arr
Quality Improvement Plan
Eastlake Gr88nS Water Con:
urvatlon Plan~ Eastlake
Greena Tentative'"Map
(CVT.88.3) & prezone 0' ..
proximately 22.7 acres of pre-
sendy unincorporated pfQp8rty,
'located north of E. Orange
, Avenue & northeast 0' SDG&E
easement.
If. you wish IQ c:h81l8nge 1t'le
City's ac:tion on this matter In
court, you may be limited to ra.
Ising only those Issues you or
someone else raised at d'1e pu-
blic: hearing described in this
notice, or In wrlnen correspon.
dence delivered [0 the City
Clerk's Office at or prior to the
public hearing.
SAID PUBLIC HEARING
WILL BE HELD BY THE CITY
COUNCIL on Tuesd~y, August
16, 1994 at 6:00 p.m. in the
Council Chambers, Publlc Ser-
vices Building, 276 Fourth
Avenue, at whIch time any per-
son desiring to be heard may
appear.
DATED: August3, 1994
CV04268 8/6194
11/ -7Ci
:
\
~
DISCLOSURE STATEMENT
-~-
! L{- 1/
.
l
'tHE aTY OF CHULA VlSI'A DJSa..OSURE STA'IEMENT
You are required to file a Sta'emeDt of Disclosure of cenalD OWIIershlp or fiDaDcIaI bltcrests, paymeuts, or campalp
contrlbutloDS, on aU matteB whlcb wi1I require dlscretlOllllry actloD OD the pan of the City Coucl1, P1aDIIiD, CommlssioD, ud
aU otber ofticlal bodiea. The foUowiD, iDformatloD must be dlsdosed:
1. Ust the ..mes of aU pelSODS 1IavID, I fiDaDclal iIItcn:st ill the propc"Y wbIc:h Is the Abject of the appUcatloD or the
CODtrICI, e.,., OWIIer, appUcaDt, CODtrlClor.avbcoDtrIctOr. material suppUer.
A. McMillin llDR, Inc. .
B. Trident llDR Limited part?ership,
an Arizona limited partnership
1. If all)' peISOD" ldeDtUled PUrsuaDt to (1) lbove Is a corporatioD or pannershlp,Ust the DImes of aU iIIdMduals OWDiD,
more ibiD 10CJE, of ,the shares ill the corporatioD or OWDiD, u)' pannership illtereSt ill the pannershlp.
. '
A. McMillin-llDR, Inc.
McMillin Family Trust (40%)
Mark D. & C' Ann McMillin Trust (20%)
Scott M. & Susan M. McMillin Turst (20%)
Richard A. & Laurie A. Ray Trust (20%)
B. TridentllDR Limited Partnership
(no individual owns more than
10% interest)
3. If an)' pelSOn" Identified pursuant to (1) above Is Don-profit orpDlzatloD or a trUSt, Ust the ..mes of an)' peISOD
ICrvID,u director of tbe Don.profit orpDlzatioD or as trUStee or beDefic:lary or trUStor of the trUSL
N/A
~. Have you bad more tban S2S0 wonb of business trlDSlcted w1tb 811)' member of the City sW(, Boards, OommlssloDS,
Oommluee5,lnd Council withiD tbe past twelve mODths? Yes_ No-L, Ifyu. please iIIdlcate ptISOn(s):
'5. Please identify each and every pelSOD, iIIc1udln, any I,ents, employees, coDSultaDts, or illdepeDdeDt CODtractors who
JOu bIve asslJDed to represent you before the City ill this maner.
CrliR T. Fukuvama
.
Gary Cint!
6. Have J01IIIIdIor JOur ofticm or aJeDts, ill the appte, c:outrfbuted more tbu 11,000 toa CloN>"I'-ber III the
cumut or prececlill, eIectIOD period? Yes_ No".L If yu. illite whIdl CDtm~I_ber(I):
· · · (N0'I2: ~ addIdoIIII.... · ·
00. ..
Fukuyama
of CODtrIClortappUClDt
, .Ate: ~ II. tfJ4-
~
jq-l?--
IIlC of CODuactortappUClDt
_---l___~_M_~
PUBUC HEARING CHECK UST
y,f [(" !q-l
SUBJECT:~......j- L ((~ ~ ~ Sri<,\ I 17~ +T~L
LOCATION: ~~cO.-. I~ .,.., "'s....)!J:1 .~ ~ cW ~ (CvT:#
~~::,- GtLJ-O;)
PUBUC HEARING DATE:
SENT TO STAR NEWS FOR PUBUCATION -- BY FAX--L-; BY HAND ; BY MAIL
PUBUCATION DATE ~ / (p I'l.'-i -
NO. MAILED
---
MAILED NOTICES TO PROPERTY OWNERS
PER GC ~54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
LOGGED IN AGENDA BOOK ~ / ~ I q "-f
COPIES TO:
Administration (4) v
Planning . /
Originating Deparnnent
Engineering v
Others
City Clerk's Office (2) v/
POST ON BULLETIN BOARDS 'i ! '-1 ( 'i 'i
SPECIAL INSTRUCTIONS:
7/93
-55- ) i / 73
NOTICE OF PUBLIC HEARINGS BY THE
CITY COUNCIL OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE
CITY COUNCIL of Chula Vista, California, for the purpose of
considering an amendment to the Rancho Del Rey Sectional Planning
Area I Plan and a Tentative Subdivision known as Sunland Rancho Del
Rey (Chula Vista Tract No. PCS-94-02) for the property located at
the southeast corner of Del Rey Boulevard and Rancho Del Rey
Parkway within the Rancho Del Rey Planned Community and P-C zone.
The applications submitted by Sunland Rancho Del Rey, request (1)
a reclassification of the subject site from the present Single
Family Attached (SFA) , to Single Family Detached Townhomes (SFDT),
(2) a 20 unit density transfer and (3) approval of a tentative map
to subdivide 16.9 acres into 41 lots containing a total of 200
single family detached townhomes, 8.6 cres of open space, private
streets and guest parking.
The proposed tentative subdivision map and Sectional Planning Area
I plan (SPA I) amendment are on file in the office of the Planning
Department. Any petitions to be submitted to the City Council must
be received by the City Clerk no later than noon of the hearing
date.
If you wish to challenge the City's action on this Plan Amendment
and Tentative Subdivision Map in court, you may be limited to
raising only those issues you or someone else raised at the public
hearing, described in this notice, or in written correspondence
delivered to the City Council at, or prior to the public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday
August 16, 1994 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.
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES
The City of Chula Vista, in complying with the Americans with
Disabilities Act (ADA, request individuals who require special
accommodations to access, attend, and/or participate in a City
meeting, activity, or service request such accommodation at least
forty-eight hours in advance for meetings and five days for
scheduled services and activities. Please contact Nancy Ripley for
specific information at (619) 691-5101 or Telecommunications Devices
for the Deaf (TOO) at (619) 585-5647. California Relay Service is
also available for the hearing impaired.
DATED:
CASE NO.
August 3, 1994
PCM-94-26 and PCS-94-02
'4 - 7 q
NOTICE OF PUBLIC HEARINGS BY THE
CITY COUNCIL OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE
CITY COUNCIL of Chula Vista, California, for the purpose of
considering an amendment to the Rancho Del Rey Sectional Planning
Area I Plan and a Tentative Subdivision known as Sunland Rancho Del
Rey (Chula Vista Tract No. PCS-94-02) for the property located at
the southeast corner of Del Rey Boulevard and Rancho Del Rey
Parkway within the Rancho Del Rey Planned Community and P-C zone.
The applications submitted by Sunland Rancho Del Rey, request (1)
a reclassification of the subject site from the present Single
Family Attached (SFA) , to Single Family Detached Townhomes (SFDT),
(2) a 20 unit density transfer and (3) approval of a tentative map
to subdivide 16.9 acres into 41 lots containing a total of 200
single family detached townhomes, 8.6 cres of open space, private
streets and guest parking.
The proposed tentative subdivision map and Sectional Planning Area
I plan (SPA I) amendment are on file in the office of the Planning
Department. Any petitions to be submitted to the City Council must
be received by the City Clerk no later than noon of the hearing
date.
If you wish to challenge the City's action on this Plan Amendment
and Tentative subdivision Map in court, you may be limited to
raising only those issues you or someone else raised at the public
hearing, described in this notice, or in written correspondence
delivered to the City Council at, or prior to the public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday
August 16, 1994 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.
COMPLIANCB WITH THB AMBRICANS WITH DISABILITIBS
The City of Chula vista. in complying with the Americans with
Disabilities Act (ADA, request individuals who require special
accollllllOdations to access, attend, and/or participate in a City
meeting, activity, or service request such accommodation at least
forty-eight hours in advance for msetings and five days for
scheduled services and activities. Please contact Nancy Ripley for
specific information at (619) 691-5101 or Telecommunications Devices
for the Deaf (TDD) at (619) 585-5647. California Relay Service is
also available for the hearing impaired.
DATED: August 3, 1994
CASE NO. PCM-94-26 and PCS-94-02
/LI -I Y
- j
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UST
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CHULA VISTA PLANNING DEPARTMENT
(!)
NORTH
APPLICANT: R.D.R. Investon, LP.
SO. .Ide 01 R.D.R. Prky." Eo 01
ADDRESS: Del Key Blvd.
SCALE: FILE NUMBER:
1" - 800' PCM-94-26
hI /Ih
PROJECT DESCRIPTION:
Sectional Plan Area Plan
Request chan&e of residential desipatioD
from stacked Oats to SFD-Condos, & increase
the no. of units allowed from 180. 100.
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COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 8/16/94
ITEM TITLE:
Ordinance 2.l.oO'2. Amending the Municipal Code to Create a
Voluntary Take Permit Process Sanctioned Under Section 4(d) of the
Endangered Species Act Alternative to the Process Permitted Under
Section lO(a) of Said Ad 1 1
Di='", of pu:"hf r r:;:1CV
City Manager ~1',i5~ (4/5ths Vote: Yes.lLNo_)
In March, 1993 the Federal Department of the Interior listed the California Gnatcatcher as a
threatened species, and adopted a special rule under Section 4(d) of the Endangered Species Act
which establishes specific regulations regarding the taking of Coastal Sage Scrub (CSS), the
habitat of the Gnatcatcher. This Special Rule allows local jurisdictions to grant CSS "take"
permits if certain findings can be made. The 4(d) Rule is intended to provide an alternative for
applicants who choose not to go directly through the U.S. Fish and Wildlife Service (USFWS)
for a Section lO(a) permit. During the past several months, City staff has been working with
staff of the resource agencies and other local jurisdictions, as well as local property owners, to
implement this local "take" permit process. This emergency ordinance will implement a 4(d)
Take Permit Process for the City, thus allowing the City to issue CSS take permits at the local
level. The proposed ordinance is exempt from enviromnental review under the California
Enviromnental Quality Act, under Class 8 of the Categorical Exemptions. Class 8 consists of
"actions taken by regulatory agencies... to assure the maintenance, restoration, enhancement
or protection of the enviromnent, where the regulatory process involves procedures for
protection of the enviromnent."
SUBMITTED BY:
REVIEWED BY:
RECOMMENDATION: That Council adopt the ordinance as an emergency ordinance.
BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Cormnission
considered the draft ordinance at their August 8, 1994 meeting. Staff briefed the cormnittee on
the background of the 4( d) rule and the proposed process contained in the ordinance for
processing the permits. Staff also explained that the ordinance is proposed as an emergency
ordinance in order to accormnodate grading for the Rancho Del Rey Middle/High School and
cormnunity park during the upcoming biological window. A motion to recormnend adoption of
the emergency ordinance failed. The vote was 3-1 in favor of the ordinance; however, four
affirmative votes are required to support any motion. Cormnittee Member Guerreiro voted
against the motion and stated that he was not in favor of any action that would accelerate
development in the City. Three members of the Cormnittee were absent; therefore, a favorable
vote on the item would have required a unanimous vote by all in attendance.
/y /
Page 2, Item ,5
Meeting Date 8/16/94
DISCUSSION:
Background:
As indicated above, on March 25, 1993, the Federal government listed the California gnatcatcher
as a threatened species under the Endangered Species Act (ESA). Typically, any "take" (harm
or harassment) of listed species is strictly regulated by the USFWS, through ESA Section 7 or
lO(a) permits. A Section lO(a) permit is issued by the USFWS for a "take" on private property
when there is no substantial Federal involvement (i.e. a Federal permit). Section 7 is a
consultation process with the USFWS for Federal projects or private projects that require other
Federal permits, such as a "404" permit which is issued by the Army Corps of Engineers for
alteration of watercourses.
In the case of the California gnatcatcher, the USFWS signed a unique Memorandum of
Understanding with the State of California Department of Fish and Game (CDFG) to
cooperatively develop conservation strategies for long-term protection of coastal sage scrub
(CSS), which is the habitat for the gnatcatcher and other sensitive species. The State's Natural
Communities Conservation Planning (NCCP) Act, passed in 1991, and the resultant NCCP
program, have outlined habitat conservation strategies in two sets of guidelines: NCCP
Conservation Guidelines, and NCCP Process Guidelines, both finalized in November, 1993.
On May 2, 1992 the City of City Chula Vista enrolled in the NCCP. By enrolling in the NCCP,
the City agreed to join in the collaborative planning process to conserve long-term viable
populations of the State's native animal and plant species by providing interconnected open space
areas while allowing compatible and appropriate development and growth. In addition, on
August 24, 1993, the City Council approved a Resolution of Intention (ROI) to participate in the
San Diego Multiple Species Conservation Program (MSCP) Plan. The ROI made Chula Vista
an active participant in the MSCP and the future conservation planning efforts for the California
Gnatcatcher and other potentially threatened species.
The implementation of the Endangered Species Act and the NCCP is a two step process. The
first step is the interim protection of CSS habitat through the Special 4(d) rule; the second step
is the adoption of a permanent conservation plan, in coordination with the MSCP and NCCP
programs. By the previous actions taken by the City to enroll in the NCCP and to participate
in the MSCP, the City is working actively toward the adoption of a permanent conservation plan
that will comply with the requirements of the Endangered Species Act.
On December 10, 1993, the USFWS formalized its relationship with the State's NCCP effort
by publishing the final Endangered Species Act Section 4(d) special rule, effective on that date.
/5"'~
Page 3, Item , S
Meeting Date 8/16/94
The 4( d) rule allows local jurisdictions to approve "incidental take" of CSS habitat, up to a
cumulative 5 percent loss of CSS within the region, during the period of time that subregions
of southern California are preparing conservation plans consistent with the NCCP program.
Individual project CSS loss is only permitted if a mitigation plan is approved.
The interim take of coastal sage scrub allowed through the 4( d) process can be approved only
through local procedures which are consistent with those outlined in the NCCP Conservation
Guidelines and Process Guidelines. These procedures are intended to be integrated into the
normal local land use process. Among other requirements, the NCCP guidelines contain
standards for evaluation of take requests, several required findings that must be made by the City
in granting an interim take permit, and review of local permits by the resource agencies within
a specified time period.
Summarv of the Draft Ordinance
The proposed ordinance is intended to provide an alternative procedures for obtaining
authorization to take CSS within the City of Chula Vista. Under the proposed ordinance, the
take permit would become a part of the City's environmental review process. The proposed City
take permit would be processed as a part of the project environmental review, either the Initial
Study or the EIR. Integration of the take permit process with the City's environmental review
process will ensure both a thorough evaluation of the biological resources issues and appropriate
mitigation requirements, and will also allow adequate opportunity for input from the public,
resource agencies, and other affected agencies.
The proposed ordinance has a provision for granting a take permit to previously approved
("pipeline") projects that have already been through the City's environmental review process.
In those cases only the Resource Agencies would be consulted and there would not be additional
public review.
As proposed, the Director of Planning would issue all take permits. In the case of discretionary
actions, the [mdings for granting the take permit would be considered by the decision makers
who would authorize the Director of Planning to issue the permit provided that the findings are
still valid at the time of issuance. The intent of this provision is to ensure that take permits are
only issued when grading or site clearance is inuninent. Since the granting of a take permit
would essentially reserve a portion of the regional 5 % for a particular project, it is important
that the take allocation not be reserved until it is really needed. This will alleviate the possibly
of artificially using up the 5 % for take on paper but not actually in the field.
In addition to the provisions for granting take permits for those actions currently addressed by
City codes, this ordinance also includes a provision requiring authorization for the previously
unregulated activity of vegetation clearing and grubbing that does not involve grading or any
other type of City permit. It is required under the 4 (d) rule that this activity be regulated in
/~J
Page 4, Item IS
Meeting Date 8/16/94
the ordinance to prevent property owners from destroying or disturbing CSS habitat that is
protected by the NCCP even when no other permits are requested.
Proposed Adoption of Ordinance as Emergencv Ordinance
This ordinance is being presented as an emergency ordinance in order to allow consideration of
a interim take permit for at least one previously approved project (Rancho del Rey SPA III), for
which the applicant wishes to begin grading within the non-nesting "biological window" for the
gnatcatcher (September 1 through February 15). This project includes construction of major
public facilities, including a public middle school and community park, which will serve both
existing and future residents of the surrounding community. It is therefore important to the
applicant and the City that grading operations begin as quickly as possible in order to maximize
the grading activities during the "biological window". This will minimize, to the extent
possible, the impacts to the gnatcatcher during their breeding period. The mitigation plans for
this project have been reviewed and approved by both the City and the USFWS; however,
processing of a 10(a) permit by the USFWS would delay construction of the project by at least
one year.
Unresolved Issues
As reported to the City Council on June 7, 1994, there are still several unresolved issues
regarding the interim take process, including the final status of the gnatcatcher listing itself, as
well as issues regarding the allocation of interim take acreage within the San Diego region (see
Attachment). Staff is continuing to work with resource agency staffs and the County of San
Diego staff to clarify and resolve these issues. However, staff has determined that adoption of
the attached ordinance can proceed at this time, and as issues regarding the interim take process
are resolved, the ordinance and/or administrative procedures will be reviewed and, if necessary,
be proposed for amendment.
FISCAL IMPACT: All staff time necessary to implement this proposal would be reimbursed
by project applicants through the full cost recovery provisions of the City's environmental
review process.
(f:home\pJanning\ordinance.113)
I.s: If
ORDINANCE NO. .:z.~p,,:J..
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE MUNICIPAL CODE TO
CREATE A VOLUNTARY TAKE PERMIT PROCESS
SANCTIONED UNDER SECTION 4(d) OF THE
ENDANGERED SPECIES ACT ALTERNATIVE TO THE
PROCESS PERMITTED UNDER SECTION 10(a) OF SAID
ACT.
Whereas, in March, 1993, the Federal government listed the
coastal California Gnatcatcher as a threatened species under the
Endangered Species Act of 1973 (16 U.S.C. S 1531 et seq.,
hereinafter, the "Act"). The Act makes it a violation of federal
law to carry out any activity which will result in a take of the
species. "Take" of the gnatcatcher, broadly defined in the Act to
include harm to or harassment of the species, is prohibited.
Whereas, The U.S. Fish and Wildlife Service has promulgated a
special rule under Section 4 (d) of the Act, which will allow
incidental take of the species if it results from activities which
are conducted pursuant to either: (1) the State of California's
Natural Communities Conservation Planning Act ("NCCP") and in
accordance with an approved NCCP plan prepared consistent with the
State's NCCP Conservation Guidelines and Process Guidelines; or (2)
(during the period that such an NCCP plan is being prepared), the
NCCP Conservation Guidelines and Process Guidelines published by
the California Department of Fish and Game, if within an area under
the jurisdiction of a local government agency which is enrolled and
actively engaged in the preparation of an NCCP plan. This special
rule became effective on December 10, 1993.
Whereas, the NCCP Conservation Guidelines and Process
Guidelines call for the regulation of all coastal sage scrub within
the region, and establish a planning process for the protection of
this habitat. The Guidelines further provide a process for
issuance of habitat loss permits which local government agencies
may adopt. Because the City of Chula Vista has formally enrolled
in the NCCP process and is actively engaged in the preparation of
an NCCP for the protection of Coastal Sage Scrub within the area
under its jurisdiction, under the special rule promulgated under
Section 4(d), incidental take of the gnat catcher would not be a
violation of the Act if authorized by a habitat loss permit issued
by the City pursuant to the NCCP Conservation Guidelines and
Process Guidelines.
Whereas, without such a habitat loss permit process under
Section 4(d), no development of habitat occupied by the gnatcatcher
may occur unless authorized under Section 7 or 10(a) of the Act.
Sections 7 and 10(a) set forth a permitting process which can take
Interim 4(d) Rule Take Ordinance
If- S Page 1
several years to complete. Failure to adopt a habitat loss permit
process, thus requiring that proposed land development applications
proceed under Section 7 and 10 (a) processes, would halt all
progress of development of occupied habitat in the region for a
substantial time.
Whereas, Sections 7 and 10 (a) of the Act only regulate
occupied coastal sage scrub habitat. The NCCP process contemplates
protection of all coastal sage scrub habitat, which will result in
protection of many species in addition to the coastal California
Gnatcatcher.
Whereas, Regulation of impact to coastal sage scrub within the
City is necessary immediately because the Section 4(d) rule allows
only 5% of all coastal sage scrub remaining in the region to be
disturbed. Until the requirements of the ordinance are imposed,
Coastal sage scrub unoccupied by the gnatcatcher will continue to
be disturbed, posing a serious threat to the viability of the NCCP
plan and foreclosing the City's option in prioritizing projects for
the public peace, health and safety. The preservation of the
public peace, health and safety requires that projects which impact
Coastal sage scrub be reviewed in terms of impacts to this regional
resource, not individually.
Whereas, adoption of this ordinance is necessary on an urgency
basis to eliminate the need for and the delays in costs of
procuring incidental take permits under Section 7 or 10(a) of the
Act on an individual project basis. The preservation of the public
peace health and safety require that development in the region
proceed with a reasonable degree of certainty.
Whereas, the emergency action is necessary to adhere to very
specific biological time periods with respects to impacts to the
California gnatcatcher. Grading must be initiated during the non-
breeding period or "biological window", the period of September 1st
through February 15th. Failure to begin grading during the
upcoming "window" in the Rancho Del Rey SPA III area could result
in delays of one year or longer to the construction of the Rancho
Del Rey Junior High/Middle School, adjoining community park, and
other desired public facilities which would serve both existing and
future residents of this area.
Whereas, the Rancho Del Rey Partnership currently has in
escrow approximately 400 acres of off-site mitigation land in the
O'Neal Canyon area (approved by the City Council on July 12, 1994)
which is a keystone property within the regional open space
preserve system. Close of escrow and resulting property
preservation is tied to the immediate enaction of the 4(d) rule.
Failure to enact the 4(d) rule could result in the loss of valuable
habitat.
Interim
If, (,
4(d) Rule Take Ordinance
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 17.30 (" Interim Coastal Sage Scrub Habitat
Loss Permit Process") is hereby added to the Municipal Code, which
Chapter 17.30 shall read as follows:
"Chapter: 17.30 - Interim Coastal Sage Scrub Habitat Loss Permit
Process
Section 17.30.010
Purpose and Intent
It is the purpose of this section to implement, on an interim
basis, a process that would allow the City of Chula Vista to issue
permits for the taking (direct or indirect loss) of Coastal Sage
Scrub (CSS) habitat as an alternative to the existing mandatory
process prescribed under Section 10 (a) of the Endangered Species
Act.
This process is intended to implement, on a voluntary basis,
the provisions of the State of California Natural Community
Conservation Plan Act and the United States of America Endangered
Species Act of 1973, as amended, and as it related to 50 CFR 17.41,
incidental take of Coastal California Gnatcatcher.
Section 17.30.020
General Authorization
As a voluntary alternative to those government agencies,
public utilities, or persons wishing to process a "take" of Coastal
Sage Scrub located within the annexed territorial limits of the
City of Chula Vista, who prefer not to process an Endangered
Species Act (ESA) Section 10(a) permit directly through the United
States Fish and Wildlife Service (USF&WS), the City of Chula Vista
may use its Land Use regulatory authority along with cooperative
agreements and other authorities granted in cooperation with the
State of California through the Natural Communities Conservation
Planning (NCCP) Act, Southern California Coastal Sage Scrub
Program, and the United States of America Endangered Species Act
(ESA) authorization for incidental take of the Coastal California
Gnatcatcher (Potiaptila Californica Californica) for activities
conducted under the authority of the State of California NCCP
pursuant to 50 CFR 17.41. Those government agencies, publ ic
utilities, or persons wishing not to process a 4(d) Take permit
through the City of Chula Vista may process a Endangered Species
Act (ESA) 10(a) permit directly through the USF&WS.
Applicants wishing to pursue a 4(d) Take Permit through the
City of Chula Vista shall agree to indemnify the City of Chula
Vista, its officers, employees or agents in a form acceptable to
the City, release the City of any and all liability for, and waive
any and all claims against the City, its officers, employees or
I~?
Interim 4(d) Rule Take Ordinance
Page 3
agents for exercising its authority provided including any claims
for eminent domain or inverse eminent domain, and any loss that may
be suffered as a result of implementing or conditioning a 4(d) Take
Permit.
The Director of Planning of the City of Chula Vista shall be
responsible for issuance of 4(d) Take Permits in accordance with
Section 17.30.052 through 17.30.054.
Section 17.30.040
CSS "Take" Defined
When used in this Chapter, "take" of or "taking" Coastal Sage
Scrub shall be deemed to occur if all or any part of the plant
community which constitutes Coastal Sage Scrub is directly or
indirectly, intentionally or unintentionally, destroyed or
disturbed in a manner that could impair the continued survival of
any plant which constitutes a part of the plant community.
Section 17.30.045
"Coastal Saqe Scrub" ("CSS") Defined
A natural community of plants approximately located on or
within 15 miles of the Southern California and northern Baja,
Mexico Pacific Ocean coast line which provides or is capable of
providing habitat (flying, breeding, nesting, nurturing, foraging
or dispersing areas) support for the California Gnatcatcher,
including but not limited to the following characteristic species
of plant:
. California sagebrush (Artemisia californica)
. Several species of sage (Salvia mellifera, Salvia
leucophylla, and Salvia apiana)
. California encelia (Encelia californica)
. Brittlebush (Encelia farinosa)
. San Diego sunflower (Viguiera lacinata)
. Buckwheats (including Eriogonum fasciculatum and
Eriogonum cinereum)
. Evergreen sclerophyllous shrubs such as Malosma laurina,
Rhus integrifolia, and Rhus ovata
Section 17.30.050
Coastal Sage Scrub (CSS) Take Permit Process
Section 17.30.051
General Coastal Saqe Scrub (CSS) Take Process
Any take of CSS done pursuant to this Chapter shall require an
advance written permit ("Take Permit") from the City issued
pursuant to the requirements and conditions of this Chapter. If an
applicant chooses to obtain authorization by processing a 4(d) Take
permit through the City of Chula Vista, rather than processing an
Endangered Species Act Section 10(a) permit directly through the
USF&WS, the issuance of the Take Permit shall be coordinated with
other permit processes of the City of Chula Vista, as provided for
~ Interim 4(d) Rule Take
1>-- ~
Ordinance
Page 4
in Section 17.30.060; and be subject to the making of findings as
provided in Section 17.30.070 of this Chapter; be issued
conditional on the mitigation of any take as provided in Section
17.30.080; and be coordinated with other agencies such as the
California Department of Fish & Game (CDF&G) and United States Fish
and wildlife Service (USF&WS) and the giving of appropriate notices
as provided in Section 17.30.090.
Section 17.30.052
Adoption of Sensitive Habitat Map
For the purposes of this Chapter, the City Council of the City
of Chula Vista authorizes the Director of Planning to certify an
NCCP Sensitive Habitat Map for the Planning boundaries of the City
of Chula Vista and adjacent area. Said map shall be used, in part,
for determining those project sites that shall be subject to the
4(d) Take Permit Process.
Section 17.30.053
Take Permit Application Process
A. Application.
1. Projects Not previously Entitled.
For projects which, at the time of the adoption of this
ordinance, have not received all previous entitlements to proceed,
and have not submitted all required information and data in order
to permit the City to grant entitlements to proceed except for the
issuance of a Take Permit ("Non-Pipeline Projects"), in order to
obtain a Take Permit, an applicant shall submit an application to
the Director of Planning, on such form or forms as s/he may
prescribe, but which, at a minimum, shall require sufficient
project information to enable the Director to make the Required
Findings, set forth below, and to allow environmental processing
pursuant to the California Environmental Quality Act (CEQA). The
application shall include information which clearly identifies
existing habitats by type, and the ultimate envelope of habitats to
be impacted by the project. An assessment of existing biological
resources, and analysis of project impacts and proposed mitigation
measures must be included. The biological information submitted
shall include a biological assessment prepared for the project site
in conformance with the State of California NCCP Scientific Review
Panel (SRP) field survey guidelines, or a methodology accepted by
the California Department of Fish & Game (CDFG) as equivalent. In
addition, these assessments must follow the guidelines established
by the City of Chula Vista Environmental Review Procedures. The
biological assessment shall determine the CSS value (high,
intermediate or lower) as indicated in areas designated by the
Sensitive Habitat Map referred to in Section 17.30.030.
An application for a Take Permit shall include completed City
application forms, including an Initial Study Application; and the
/.."""-;' 9 Interim 4 (d) Rule Take Ordinance
~ . Page 5
number of sets of project site and development plans determined by
the Planning Department to be adequate. The plans will clearly
identify existing habitats by type and the ultimate envelope of
habitat to be retained or impacted; required environmental
documentation addressing 4(d) permit findings and proposed
mitigation; and any applicant-proposed mitigation program or
measures to satisfy Take Permit requirements. This is in addition
to materials which may have been submitted for other project
permits.
Projects requiring a 4(d) permit can apply for said permit
simultaneously with their other discretionary permit actions or in
the case of small projects and previously approved projects,
simultaneously with grading permits. The 4(d) permit can also be
applied for separately prior to other permits, but in no case can
a development permit be issued prior to a required 4(d) permit
approval.
A project applicant shall submit a mitigation plan that
demonstrates that the project is consistent with the findings
required in Section 17.30.070. The project must demonstrate
capacity for funding appropriate mitigation, and mitigation must be
legally assured. Habitat acquisitions and set-asides, when used,
should occur in areas with long-term conservation potential. Any
fees paid for habitat mitigation shall be maintained in an
appropriate fund, dedicated to habitat mitigation, and separate
from other development impact or other City funds.
2. Previously Entitled Projects.
For projects which, at the time of the adoption of this
ordinance, have received all previous entitlements to proceed, or
have submitted all required information and data in order to permit
the City to grant entitlements to proceed except for the issuance
of a Take Permit ("Pipeline Projects"), the Director is authorized
to waive any of the application requirements set forth above in
subsection A.l. to the extent the information so waived is
otherwise available to the Director in environmental and planning
documents already in the possession of the City.
B. Fees.
The applicant for a Take Permit shall pay such fee as the City
determines is sufficient to permit the recovery of its cost of
reviewing and granting same, as such fee is set forth in, and from
time to time modified in, the City of Chula Vista Master Fee
Schedule. Until such a fee is established by the City Council in
the Master Fee Resolution, the fee shall be determined by the City
Manager, or his designee. Said fee shall be estimated by the City
at the time a completed application for a Take Permit is submitted,
and the applicant shall deposit the amount of said estimate with
Jf"/~
Interim 4(d) Rule Take Ordinance
Page 6
the City upon submittal of the application. The City shall not
process an application for a Take Permit until the required fee
deposit has been made. The City staff shall charge its time and
expenses against the deposit. If the City determines that the
deposit is, or is likely to be, inadequate during the processing of
the application, the City shall notify the applicant, and unless
the deposit is supplemented by an additional deposit, the City
shall terminate processing of the application. No Take Permit
shall be issued until all required fees have been paid. Any excess
deposit after payment of the fees shall be returned to the
applicant.
C. Review of Application.
After the City has determined that the application for a Take
Permit is complete and the required fees or deposit for fees has
been made, the City, through the Planning Director, shall initially
determine if the Property has CSS thereon, and the amount, by
acreage, which is proposed for loss under the requested Take
Permit.
D. Required Findings.
If the Director determines that the Property contains CSS, the
Director shall determine if the following findings ("Findings") are
true:
1. The habitat loss, as proposed for issuance under
the Take Permit, is consistent with the "interim
loss criteria" in the November, 1993 State Natural
Community Conservation Program (NCCP) Conservation
Guidelines (as specified in items a. through d.
below) and, if a subregional interim take process
is established in a form approved by the City of
Chula Vista at the time of the issuance of the Take
Permit, consistent with such approved subregional
interim take process.
a. The habitat loss, under the Take Permit as
proposed by the Director for issuance, will
not exceed on the date of issuance, when
considered cumulatively with all other loss of
CSS occurring since March 21, 1993, exceed 5%
by acreage of the then existing CSS within the
region.
b. The habitat loss, under the Take Permit as
proposed by the Director for issuance, will
not preclude connectivity between areas of
high habitat values.
/.5,//
Interim 4(d) Rule Take Ordinance
Page 7
c. The habitat loss, under the Take Permit as
proposed by the Director for issuance, will
not preclude or prevent the preparation of the
subregional NCCP.
d. The habitat loss, under the Take Permit as
proposed by the Director for issuance, has
been minimized and mitigated in accordance
with Section 4.3 ("Interim Mitigation") of the
"Southern California Coastal Sage Scrub
Natural Communities Conservation Planning
Process Guidelines, dated 11/5/93, and
thereafter, to the maximum extent practicable.
2. The habitat loss will not appreciably reduce the
likelihood of the survival and recovery of the
Coastal California Gnatcatcher (Fotiaptila
Californica Californica) .
3. The habitat loss is incidental to otherwise lawful
activities.
4. Proposed mitigation is consistent with NCCP Process
Guidelines requirements.
E. Preparation of Draft Findings, and Proposed Terms and
Conditions (including mitigation measures)
If the Director determines that the foregoing Findings are
true, s/he shall use his or her discretion in granting a Take
permit, and in doing so, may consider, among other things deemed
appropriate, the following:
a) The CSS on-site is not dense or classified as high
quality;
b) The CSS on-site is not in proximity to a high
quality CSS stand; and,
c) The CSS on-site is not located in a corridor
between higher value CSS stands
If the Director resolves to issue a Take Permit, s/he shall
prepare draft written findings, and such proposed terms and
conditions, including mitigation measures, s/he deems appropriate
upon which to issue the Take Permit ("Draft Take Permit").
F. Resource Agencies Review of Certain Pipeline Projects.
For Pipeline Projects which have already undergone CEQA review
and no change to the project design/permit are required in order to
issue the Draft Take Permit, the Draft Take Permit shall not be
issued for a period of 30 days ("Review Period") after a Notice of
/.'~I'~ Interim 4(d) Rule Take Ordinance
'.;J . Page 8
Availability of the Draft Take Permit and Draft Take Permit
(including findings and intent to issue) has been distributed to
the San Diego Association of Governments (SANDAG) and the
California Department of Fish & Game ("CDFG") and the U.S. Fish and
Wildlife Service ("USF&WS") (the latter two of which shall, when
referenced together, shall collectively be referred to as the
"Resource Agencies"). No additional review by the general public,
or public hearing and noticing of the public will be required.
SANDAG shall, during the first 15 days of the Review Period,
have the opportunity to review the Draft Take Permit to verify that
the proposed habitat loss does not exceed the maximum permitted
habitat loss for the subregion.
The USFW&S shall, during the Review Period, have the
opportunity to review the Draft Take Permit and to notify the City
whether, in their opinion, the project and mitigation program are
inconsistent with the Conservation Guidelines. If the USF&WS
opines that the proposed Take Permit is not consistent with the
Conservation Guidelines, they shall have a maximum of 60 days after
notification of their opinion of inconsistency to consult with CDFG
and provide recommendations to the City for modifying the Draft
Take Permit (including modifying the project or terms and
conditions of the Take Permit), to eliminate the inconsistency.
If USF&WS responds that the Draft Take Permit is consistent
with the Conservation Guidelines in less than 30 days, the Review
Period shall end at the later of the date of such response or the
first 15 days of the Review Period.
If SANDAG confirms that the regional cumulative 5% habitat
loss is not exceeded and if no notification is provided by the
USF&WS within the above-noted 30 days, the proposed habitat loss
shall be deemed approved and the 4(d) permit shall be granted.
G. Public Review.
For Non-Pipeline Projects, the Director of Planning (or his
designee) shall provide the public agencies listed in subsection F.
above with the same review rights as set forth therein for the same
Review Period, and in addition thereto, shall make the Draft Take
Permit, including the findings, terms and conditions, available for
public review as part of the environmental review process.
H. Inconsistency with Guidelines.
The
required
the Take
Director shall either
by the USF&WS in the Draft
Permit.
include such recommendations
Take Permit, or shall not issue
J'~/-7 Interim 4(d) Rule Take Ordinance
Page 9
I. Issuance of Permit.
The Director may issue the Draft Take Permit in the form as
modified by the requirements of the USF&WS, subject to such
additional terms and conditions as he deems appropriate resulting
from the application and review process, including, but not limited
to the following conditions:
1. The Take Permit shall be issued only when development
is eminent, and shall automatically expire six (6) months
from issuance unless, in the opinion of the Director,
substantial site work or other site development
activities have not commenced. The Director is
authorized to extend the termination date of the Take
Permit if requested by the applicant, but not for a
period of time greater than six (6) months from the
termination date of the originally issued Take Permit,
and then, only if the Director determines that the
findings, terms and conditions on which the Take Permit
was originally issued still apply, the need for the
extension is due to circumstances beyond the control of
the applicant and that development will likely proceed
prior to the expiration of the extended time period.
Section 17.30.102
Grant of Take Permits by Fire Marshal
Without complying with the requirements of this Chapter or
Section 10(a) of the Endangered Species Act, or the rules and
regulations promulgated thereunder, the City of Chula Vista Fire
Marshal is authorized to take CSS or to issue a Take Permit to a
property owner to take CSS where it is necessary in his or her
opinion to mitigate an extreme fire danger that threatens humans or
structures occupied or capable of being occupied by humans, and
then only to the extent necessary to mitigate such danger, but in
no event more than 30 feet from any property line. In such cases,
only thinning and pruning of CSS habitat will be allowed.
Section 2. The City Council does hereby find that, based on
the facts set forth in the recitals hereto, this ordinance is
necessary as an emergency measure for preserving the public peace,
health, safety, and general welfare, an may be 'ntroduced and
adopted at one and the same meeting i p ssed by at least four
affirmative votes. I
Presented by:
Bruce M. Booga
City Attorney
Robert A. Leiter
Director of Planning
1~~~Interim 4(d) Rule Take Ordinance
Page 10
Page 2, Item
Meeting Date 5/24/94
Section 7 is a consultation process with the Service for Federal projects or private projects that
require other Federal permits such as a 404 permit which is issued by the Army Corps of
Engineers for alteration of watercourses. In the case of the California gnatcatcher, the USFWS
signed a unique Memorandum of Understanding with the State of California Department of Fish
and Game (CDFG) to cooperatively develop conservation strategies for long-term protection of
coastal sage scrub (CSS), which is the habitat for the gnatcatcher and other sensitive species.
The State's Natural Communities Conservation Planning (NCCP) Act, passed in 1991, and its
ensuing NCCP program, have outlined habitat conservation strategies in two sets of guidelines:
NCCP Conservation Guidelines, and NCCP Process Guidelines, both fmalized in November,
1993.
On May 2, 1992 the City of City Chula Vista emolled in the NCCP. By emolling in the NCCP,
the City agreed to join in the collaborative planning process to conserve long-term viable
populations of the State's native animal and plant species by providing interconnected open space
areas while allowing compatible and appropriate development and growth. On August 24, 1993
Resolution Number 17229 was adopted by the City Council, approving the Resolution of
Intention (ROI) to participate in the San Diego Multiple Species Conservation Program (MSCP)
Plan. The ROI confirmed Chula Vista's continued participation in the MSCP and the future
conservation planning efforts for the California Gnatcatcher and other potentially threatened and
endangered species.
The implementation of the Endangered Species Act and the NCCP is a two step process. The
first step is the interim protection of CSS habitat through the Special 4(d) rule and the second
step is the adoption of the permanent conservation plan (MSCP). The MSCP is the functional
equivalent of the NCCP. By the previous actions taken by the City to emoll in the NCCP and
adoption of the ROI, we are part of the regional habitat conservation planning process and staff
is working actively toward its adoption.
On December 10, 1993, the USFWS formalized its relationship with the State's NCCP effort
by publishing the fmal Endangered Species Act Section 4(d) special rule, effective on that date.
The 4(d) rule allows local jurisdictions to approve "incidental take" of gnatcatcher habitat up to
a cumulative 5 percent loss of CSS during the period of time that subregions of southern
California are preparing conservation plans consistent with the NCCP program. Individual
project CSS loss is only permitted if a mitigation plan is approved.
The interim loss allowed through the 4(d) process can be approved only through procedures
outlined in the NCCP Conservation and Process Guidelines. These procedures are intended to
be integrated into the normal local land use process. Among other requirements, the NCCP
guidelines contain several findings that must be made by the City in granting the "interim loss
permit. "
/y/"
Page 3, Item
Meeting Date 5/24/94
It should be noted that without a jurisdiction adopting a special 4(d) rule process, incidental take
of listed species must be considered through ESA Section lO(a) on a case-by-case basis by the
USFWS, in a sometimes multiple-year process involving the preparation of Habitat Conservation
Plans by individual applicants. If there is a federal nexus, such as granting of another Federal
permit (Le. Section 404 permit), Section 7 can be used. These processes remain available to
applicants who do not elect to use the 4(d) or in the case of a jurisdiction that does not adopt a
4(d) rule.
Coastal Sal!:e Scrub Habitat in Chula Vista
The region of San Diego, which encompasses San Diego County, has a total of 227,437 acres
of Coastal Sage Scrub (CSS). Within the corporate boundaries of Chula Vista there are 2,143
acres of CSS. The 4(d) Rule allows for an interim "take" of 5% of the habitat. The interim
period will end with adoption of the NCCP which is anticipated to take at least 18 to 24 months.
Staff has met with the City's large landowners and the Special Districts that are within our
General Plan area. Based on the information they provided as to their needs in the next two to
three years, it is anticipated that approximately 300 to 350 acres of "take" may be needed during
the interim period to accommodate projects within the City, as well as approximately 100
additional acres for projects outside the City but within our General Plan area. (please note that
these estimates do not include information for Otay Ranch or Salt Creek Ranch, which will be
provided by the Baldwin Company prior to the Council meeting.) By way of comparison, if the
City's interim take allocation were limited to 5% of the existing CSS habitat within the City, the
total allowable take would be approximately 107 acres. Attached is a summary of the
anticipated projects and their planned "take" of CSS habitat.
Should Chula Vista Imolement the 4(d) Rule?
The following discussion addresses the positive and negative aspects of the City assuming the
responsibilities set forth in the NCCP Process and Conservation Guidelines, specifically,
adoption and implementation of the 4( d) rule at the local level. There are several issues that
must be addressed in determining if Chula Vista should implement a local 4(d) rule. The
advantages and disadvantages are detailed below.
ADVANTAGES TO ADOPTING AND IMPLEMENTING A LOCAL 4(d) RULE
1. Local Control of Land Use Decisions.
Implementation of the 4(d) rule would allow the City to approve "incidental take" of the
gnatcatcher up to a cumulative 5 percent loss of CSS. Should the City choose not to
assume this responsibility, during the interim period prior to adoption of an NCCP,
applicants wishing to develop property supporting the gnatcatcher would only be able to
15'/7
Page 4, Item
Meeting Date 5/24/94
do so if they received approval from the Federal government under Sections 7 or lO(a)
of the Act. A major advantage of a local rule is that it would allow the City to decide
which projects can proceed during this interim period, and work directly with property
owners to coordinate take permits with other plan approvals.
2. Timeframes
Should the City of Chula Vista adopt and implement a local 4(d) rule, the City would be
able to develop its own implementing procedures. The amount of time that would be
required for the City to take action on an application for loss of CSS habitat ("habitat
loss permit") will depend on where a project is in the planning and approval process at
the time of application for such habitat loss permit. However, it appears that a maximum
of 75 days would be required for the City to issue such a permit, in accordance with
State guidelines.
With regard to the Federal permit process, the USFWS is mandated to conclude the
Section 7 consultation process within 90 days of determining if the biological assessment
or other information is adequate and an additional 45 days to write the biological opinion.
This would result in a 135-day process. However, there is no limit on the amount of
time that can be required by the USFWS to determine that either the biological
assessment or other biological information is adequate in order to begin the consultation
process.
The Service indicates that there is not a mandated timeline for processing a Section 10(a)
application. Federal environmental documentation, which would be required as part of
the Section lO(a) process, usually takes 3 to 12 months to complete. The Service must
also undergo an internal Section 7 consultation process. The Service indicates that 10(a)
permits for very small and non-controversial projects (e.g., projects which involve
minimal take of occupied CSS habitat in an area not being considered for inclusion in a
permanent preserve system) can be processed in about six months. However, larger,
more controversial projects can require several years. Locally, the Least Bell's Vireo
Habitat Conservation Plans for the San Diego and Sweetwater Rivers were initiated
approximately six years ago and have yet to receive approval.
In summary, while the local interim take process may require up to a 75 day review
period, this is significantly shorter than the Federal permit process.
UNRESOLVED ISSUES RELATED TO THE ADOPTION OF A LOCAL 4(d) RULE
1. Occuoied vs. Unoccuoied Coastal Sal!e Scrub. The Endangered Species Act only
regulates impacts to listed species (i.e. the California Gnatcatcher). While the ESA
provides for a process whereby critical habitat for the species can be designated, this
If../y
Page 5, Item
Meeting Date 5/24/94
process only affects federal project approvals, and has not been utilized in the case of the
gnatcatcher. Thus, prior to adoption of the Special Rule, only projects which contain
occupied habitat are required to obtain permits under Sections 7 or 10(a) of the Act.
The Special Rule changes this result by referring to the Natural Community Conservation
Planning process which regulates gnatcatcher habitat (coastal sage scrub) whether
occupied by the species or not.
The City's data base is not sufficiently detailed to determine the number of acres of
occupied vs. unoccupied habitat. However, data collected by the consultants for the
Multiple Species Conservation Plan (MSCP) indicate that approximately 20% to 50% of
the Coastal sage scrub located within their study area may not be inhabited, or suitable
for habitation, by the gnatcatcher.
Implementation of the Special Rule would impose regulations on unoccupied habitat that
would not be imposed under Sections 7 and lO(a) of the Act, thereby requiring an
additional permitting step and mitigation for habitat that is not occupied by the species.
2. Risks Inherent in the City ImDlementinl! the Section 4(d) Rule.
Under the Endangered Species Act itself (in the absence of the Section 4(d) Rule), the
City would not playa primary role in implementing the Act on private projects. If an
applicant proposed to "take" gnatcatchers, that applicant would be required to obtain
permission (under either Section 7 or 10[a] of the Act) directly from the USFWS. The
USFWS would be the lead agency for all permitting and enforcement actions.
The Section 4(d) Rule, by referring to the NCCP Process Guidelines as an alternative
method of permitting a "take" under the Act, alters the above operation of the Act in two
significant respects: First, as noted above, the Guidelines expand protection of actual
gnatcatchers to protection of the coastal sage scrub habitat, thereby having a potential
effect of increasing the number of development projects subject to this new regulation.
Second, the Guidelines create a significant new role for local agencies, giving them
responsibility to issue "Habitat Loss Permits," with the attendant duty to determine
whether the amount of loss proposed is permissible under the Conservation Guideline
standards.
By allowing local governments to assume these responsibilities, local implementation of
the 4 (d) rule would place the City (rather than the federal agencies) in the "front line"
position of issuing approvals and denials of the habitat loss permits, with all the
consequences which may flow from such decisions. It can be expected that, due to the
Conservation Guideline limitations on the amount of coastal sage scrub habitat which may
be impacted, denials would occur in certain cases where the Act itself would not directly
have applied because of the absence of gnatcatchers. Such decisions by the City to deny
15-/1
Page 6, Item
Meeting Date 5/24/94
habitat loss permits, or to impose conditions, may well be legally challenged by
applicants, based on real or perceived loss of property rights, while decisions to approve
permits may be challenged by third parties. Given these risks, if directed by the City
Council to do so, we would work with the City Attorney's office to obtain some sort of
indemnification from the Service for the potential liability related to this issue.
3. Jurisdictional Allotment Formula.
Because the City of Chula Vista is part of a larger region in which gnatcatcher habitat
is found, there are several issues associated with implementation of the 4(d) rule at our
local level. These issues are outlined in an attached letter, dated April 25, 1994, to Gail
Kobetich with the U.S. Fish and Wildlife Service. These issues include the allocation
of the regional 5 % take under the 4(d) rule, specifically how much of the total regional
take will each agency be allowed to use, and who will make that determination. The
major issue is the selection of a formula for allocating the acreage of interim habitat take
to local jurisdictions. Both the City and County of San Diego, as well as several other
cities, have favored an allocation formula which is based on directly calculating 5% of
the total Coastal Sage Scrub habitat within each jurisdiction. With the City of San Diego
currently considering adoption of a Special 4(d) Rule ordinance that is based on the
jurisdictional take allocation, and with the County having adopted an urgency interim
ordinance for implementation of the 4(d) rule, also based on the jurisdictional allocation,
it appears that there may be de facto acceptance by the other cities in the County of this
allocation formula.
As noted earlier, there are several potential projects in Chula Vista and its General Plan
area involving CSS take, with total acreage of at least 400 to 450 acres potentially being
estimated during the interim period. However, under a strict jurisdictional take formula,
Chula Vista would only have approximately 107 acres available for allocation during this
period. In order to accommodate reasonable projections of development during this
period, staff has considered alternative allocation formulas which are more directly
related to consideration of habitat quality and locations of planned urban development
within the overall subregion. One specific alternative which staff feels has particular
merit is one wherein the City's General Plan Area, rather than its jurisdictional
boundary, would be utilized in calculating the available take. This approach would
provide greater flexibility to the City, resulting in the availability of up to 1,000 acres
on an interim basis. We have begun discussions with the resource agencies and the
County of San Diego regarding this concept and others.
The most immediate project that Chula Vista has coming forward that could be affected
by the 4(d) rule is Rancho del Rey SPA 1lI. McMillin has expressed a desire to staff to
be able to begin grading by September of this year. To that end McMillin has been
pursuing negotiating directly with the Service to determine what mitigation will be
/Y.1.~
Page 7, Item
Meeting Date 5/24/94
required for them to implement this project. It appears that McMillin will be purchasing
a large portion of O'Neal canyon, located south of Otay Valley, between the Donovan
Correctional Facility and Otay Mesa County Jail, to satisfy their off-site mitigation for
the loss of gnatcatcher habitat. This purchase represents a substantial cost to them.
Although other projects in Chula Vista have not progressed to that point as yet, it is
likely that others will have similar types of investment in mitigation land that McMillin
does.
4. Special Districts. Special Districts, such as water districts and school districts, are often
not required to get City discretionary land use approval for their projects. Therefore,
a Special District could conceivably use all or a portion of a local agency's jurisdictional
"take" allotment without approval from the affected local agency by going through the
Service for a Section lOa permit, or if appropriate a Section 7. The City of Chula Vista
does have the opportunity to comment during the environmental process on improvement
projects that the various Special Districts within our jurisdiction are proposing. If the
City adopts a local 4(d) rule, a Special District could go through the City for approval
of a "take" for projects within our boundaries, rather than using a Section IO(a) or
Section 7 process. There are a variety of Special Districts within the City's boundaries
including two school districts and two water districts. Staff has consulted with them
regarding possible projects they will be proposing in the next two to three years that
could be affected by Special Rule. Their anticipated projects are included in the attached
chart. It is possible that some of the Special Districts will initiate projects during the
interim period that could further reduce Chula Vista's jurisdictional allocation, beyond
the control of the City.
5. Mitil!ation Guidelines. In order to implement the NCCP Process Guidelines, the USFWS
is requiring that the subregions prepare mitigation guidelines that could be used for
habitat loss approvals. Approval of the proposed mitigation guidelines will have to be
received from the USFWS and Fish and Game prior to implementation.
RESOLUTION OF THE ISSUES
While there are significant advantages to the City in adopting a local interim take ordinance,
there are also several major unresolved issues. The key unresolved issue is the allocation
formula to be used in determining the amount of interim take acreage which would be available
to Chula Vista. It is recommended that staff be directed to continue pursuing the alternative
described above, which would be based on the City's General Plan Area boundary. In addition,
staff should be directed to continue working toward resolution of the other issues identified in
this report.
IY ..J./
Page 8, Item
Meeting Date 5/24/94
STATUS OF THE GNATCATCHER LISTING
On May 3, 1994, a U.S. District Judge voided the Interior Department's listing of the
gnatcatcher. The Interior Department has fIled a request for reconsideration of this decision,
as well as requesting that the listing be reinstated during the review of this appeal. Therefore,
while the listing is not currently in effect, it is staffs opinion that the City should continue to
pursue possible implementation of the 4(d) rule until this matter is resolved. Staff will continue
to monitor the status of the listing in this regard.
FISCAL IMPACT: Not applicable.
Attachments:
A. Propeny Owner Survey
B. Letter lO Gail Kobctich. U.S. Fish and Wildlife Service, dated April 25. 1994.
f:\home\planning\gnalCal..l13
/5,..2,)..
Anticipated CSS/Gnatcatcher Acres of Take
within the City of Chula Vista Prior to
Adoption of the NCCPIMSCP
Project css acreage to be Graded CSS acreage to be Graded in
in City in next 2 to 3 years General Plan Area (outside City
limits) in next 2 to 3 years
McMillin 256
Sunbow (Gafcon) 50
Otay Ranch (Baldwin) To Be Provided
Salt Creek (Baldwin) To Be Provided
EastLake 0
Watson Land Co. 32
Rancho San Miguel 35
Bonita Meadows (Buie 20
Development)
Lyndale Hills 7
Sweetwater Authority 0 0
Otay Water District 0 0.5
Chula Vista Elementary 0 0
School District
Sweetwater Union High 0 0
District
City of Chula Vista 20
(Miscellaneous)
Total 326 94.5
Note: Information based on survey cone ucted In May
(MARll YNlGNATCATCIGNA TCAT2.CHT)
May 18. 1994
15",2.J
~~~
~
~~~~
em OF
CHULA VISTA
PLANNING DEPARTMENT
April 2S, 1994
Gail Kobetich
U.S. Fish & Wildlife Service
2730 Loker Ave. West
Carlsbad, CA 92008
Subject:
Interim Habitat Loss Approval Process for Federal EndaT1gered Species Act
Consistency 4(d) - Jurisdictional Take Allocation
Dear Mr. Kobetich:
Through our recent discussions with you and your staff and our review of the Final Rule for
implementation of the 4(d) Rule within our jurisdiction, we have become aware of potential
problems with the currently proposed allocation of habitat by jurisdiction within San Diego
County. The City of Chula Vista would have serious difficulties implementing the 4(d) rule
within its jurisdictional boundaries unless alternative methods of allocating acreage for interim
take are adopted.
.-
The City of Chula Vista has not entered into a fonnal agreement, nor have we formally endorsed
the use of the jurisdictional acreage allocation formula previously discussed by the SANDAG
Regional Conservation Coordinating Committee (RCCC). We did concur with other members
of the RCCC that the U.S. Fish & Wildlife Service (USF&WS) should be consulted regarding
the potential use of such a formula. We never assumed that asking USF&WS if such a formula
would be acceptable would be interpreted as Chula Vista's unconditional approval of this
possible method for allocating the region's 5% take.
We believe there are a variety of issues that must be resolved in cousidering bow the 4(d) rule
will be implemented in region. Those issues are as follows:
. It is our understanding that "Takes" that exceed a local agency's 4(d) allotment must
pursue a Section 7 or 100a) from the U.S. Fish and Wildlife Service which the Service
may approve. These Section 7 or 100a) permits will count against the region's overall
5% take, and the jurisdictious' RCCC 4(d) allotment. Section 7 and 100a) approval from
the Service may exceed a jurisdiction's allotment and preclude the use of the 4(d) rule.
/'>"'~J/
276 FOURTH AVE/CHULA VISTA CALIFORNIA 91910/16191691-5101
Gail Kobetich
Page 2
April 25, 1994
Under this scenario, it is conceivable that the region's 5% take will be exhausted before
all of the jurisdictions grant permits up to their 5 % jurisdictional allocation or a
jurisdiction's 5% allocation could be reached prior to the region's 5% allowable take.
The result could be that the jurisdictional allotment will be de facto overridden by the
Service without approval from the affected Cities unless this issue is dealt with early in
the process.
. Because of the large amount of CSS "Take" allocated to the County of San Diego versus
urbanizing cities, the RCCC jurisdictional allotment does not encourage habitat "Takes"
within urbanized, fragmented, low quality habitats where the long term viability of the
species is questionable. The jurisdiction al10tment does appear to encourage habitat
"takes" in rural high quality habitat areas where the long term viability of the species is
more probable than in the urbanizing areas.
. The RCCC jurisdictional al10tment is based on the corporate boundaries of the Cities and
the County of San Diego. It does not consider the likely boundaries of future
preservation areas that will be adopted in the MSCP and/or NCCP. The MSCP/NCCP
preservation boundaries will not necessarily relate to municipal boundaries but rather will
follow logical biological boundaries. Specifical1y, the adopted NCCP Conservation
Guidelines state that "recognizing that large subregions must meet the objective of
limiting short-term CSS losses on a biological1y valid scale,"some further subdivision of
a large planning subregion into appropriately sized biological subareas for the purpose
of accounting for interim habitat loss may be necessary." (p.IO) Therefore, a system
should be devised that more closely aligns the interim preservation with the biological
subareas which will ultimately be used in developing a long-range plan.
. The RCCC jurisdictional allotment does not consider the viability of habitat in each
jurisdiction. This could lead to fragmented habitat areas as each jurisdiction proceeds
to implement the 4(d) rule independently without regard for connected viable habitats.
. A Special District within the boundaries of a local agency may potentially use all or a
portion of a local agency's RCCC jurisdictional "Take" allotment without approval from
the affected local agency.
The City of Chula Vista has worked closely with the County of San Diego IJId other local
agencies and will continue to so on efforts to adopt a regional plan for implementation of the
4(d) rule and/or alternative methods of allocating the interim take among jurisdictions. We
believe it is within the intent of the 4(d) implementation guidelines that the fragmented,
urbanized, low quality habitat should be the flISt considered for a "take" IJId that the rural areas
/5' .J5'
CITY OF CHULA VISTA
Gail Kobetich
Page 3
April 2S, 1994
containing high quality habitat should be preserved for the future plllnnil'\g efforts of the
MSCP/NCCP.
We appreciate your consideration of these points and look forward to working with your office
towards the resolution of the issues we have presented and the implementation of the 4(d) rule
in our region.
Sincerely,
Py;f !Jz-
Robert A. Leiter
Director of Planning
RAL:MRFP/nr
(J;\bome\plannina \kobetich .In)
cc: Larry Eng, California Department of Fish & Game, Sacramento, CA
Sid Morris, Assistant City Manager, City of Chula Vista
Ernest Freeman, Planning Director, City of San Diego
Lauren Wasserman, Planning Director, County of San Diego
Bob Asher, Chief Planner, County of San Diego
r
J5~.;..t
CITY OF CHULA VISTA
~~
~""
Southwestern
CollEgE
Governing Board
Augia Bareno
G. Gordon Browning. D.MD
Jerry J. Griff~h
Maria Neves-Perman
Judy Schulenberg
Joseph M. Conte AUGUST 11, 1994
Superintendent/President
THE HONORABLE TIM NADER, MAYOR
CITY OF CHULA VISTA
276 FOURTH AVENUE
CHULA VISTA, CA 91910
DEAR MAYOR NADER:
ON BEHALF OF THE SOUTHWESTERN COMMUNITY COLLEGE DISTRICT GOVERNING
BOARD, I WANT TO EXPRESS APPRECIATION TO YOU AND THE MEMBERS OF THE
CITY COUNCIL FOR PARTICIPATING IN OUR JOINT MEETING.
THE GOVERNING BOARD HAS REQUESTED I INFORM YOU AND MEMBERS OF THE CITY
COUNCIL THEY HAVE UNANIMOUSLY REAFFIRMED THEIR POSITION TO LOCATE THE
PROPOSED TRANSIT CENTER AT THE NORTH-CENTRAL QUADRANT OF THE CAMPUS,
ADJACENT TO THE PROPOSED COLLEGE LEARNING RESOURCES CENTER. THE
GOVERNING BOARD CONSIDERS THIS TO BE THEIR FINAL DECISION ON THIS
MATTER.
PLEASE DO NOT HESITATE TO CONTACT ME IF YOU HAVE FURTHER QUESTIONS.
~
/SIN ERELY,
\..
\-'--
c~~
J SEPH M. CONTE
S PERINTENDENT/P~ESICENT
JMC:AR
CC: MEMBERS OF 'rHE GOVERNING BOARD
MEMBERS OF THE CITY COUNCIL
MR. JOHN GOSS, CITY MANAGER
MR. WILLIAM LIEBERMAN, MTDB
MR. KEN FITE, VICE PRESIDENT,
FISCAL AFFAIRS
MR. JOHN WILSON, DIRECTOR,
BUSINESS & OPERATIONS
900 Otay Lakes Rood. Chula Vista. CA 91910. (619) 4B2-6301 FAX (619) 421-0346. Southwestern Community College District
! ~---- 2.1
Jt:l'- /s
COUNCIL INFORMATION MEMO
August 16, 1994
SUBJECT:
The Honorable Mayor and City cof~,
John Goss, City Manage~ ~~
Bob Leiter, Director of Planning /~
Changes to the Draft Ordinance Amending the Municipal Code to Create A
Voluntary Take Permit Process (Item 15)
TO:
VIA:
FROM:
At the time your Agenda Statement was circulated the RCC minutes for this item had not been
finished. They have now been completed and are attached to this memo for your information.
On Thursday, August 11,1994, Staff received comments from the California Department ofFish
and Game regarding the proposed Ordinance for the Implementation of the 4(d) Rule. Staff did
not receive the comments in enough time to evaluate them and revise the draft ordinance and
Agenda Statement where necessary prior to the distribution of the matters to the Council. Due
to the urgency status of this ordinance, the time allowed for preparation of the draft ordinance
and for outside organizations to submit comments to the City was shortened from our normal
procedure. Staff has now reviewed the comments and recommends the following modifications
to the Draft Ordinance in response:
. References to a "Take Permit" have been changed to "Loss Permit" in order to be
consistent with the NCCP Guidelines.
. Section 17.30.010 has been modified to specifically state that the ordinance's purpose is
to adopt a process for issuing 4(d) Loss Permits for properties within the corporate
boundaries of the City of Chula Vista.
The remainder of CDFG's comments can be responded to without making changes to the draft
ordinance. Responses to their other comments are attached. Also attached is a revised draft
ordinance that incorporates the changes suggested by CDFG.
Just prior to distribution of this information item, the Sierra Club faxed their comments on the
draft ordinance. These comments are attached for your information, although staff has not yet
had the opportunity to review and respond to them.
Attachments:
RCC Minutes - August 8, 1994
Draft 4(d) Loss Permit Ordinance
Letter from Department of Fish & Game dated August 10, 1994
Responses to Department of Fish & Game letter
Sierra Club, San Diego Chapter Letter dated August 16, 1994
(0: \mariIyD'cDak:aIch\ccuocil.mcm)
IS-.Q8"
MINUTES OF A SCHEDULED REGULAR MEETING
Resource Conservation Commission
Chula Vista, California
6:30 p.m.
Mondav. AUlrnst 8. 1994
Council Conference Room
Citv Hall Buildinl!
CALL MEETING TO ORDER/ROLL CALL: Meeting was called to order at 6:45 p.m. by
Chairman Burrascano. Present: Commissioners Burrascano, Kracha, Hall, Guerreiro. Absent:
Johnson, Ghougassian, Myers. Staff: Assistant Planning Director Ken Lee, Consultant Marilyn
Ponseggi.
Members advised that they had not received their regular packets through the mail, although
each had received the hand-delivered information regarding agenda item #1. Chair Burrascano
noted that they would therefore be unable to take actions on items #2 and #3.
APPROVAL OF MINUTES: No minutes were approved due to insufficient members present.
NEW BUSINESS:
1. Implementation of the Endangered Species Act Special Rule 4( d) for the Interim Habitat Loss
Approval Process
Staff Presentation
Environmental Consultant Marilyn Ponseggi reviewed the listing of the gnatcatcher as a
threatened species, as well as the special 4( d) rule which regulates the taking of coastal sage
scrub. She advised that in conjunction with the NCCP, the 4(d) rule allows a "take" of up to
5 % of the regional Coastal Sage Scrub (CSS) habitat. Ms. Ponseggi stated that for Chula Vista
to implement the 4(d) process, it must first enact an ordinance providing for the process which
is proposed to become a part of the City's environmental review process, with the additional
findings called for under the NCCP for take permits. She stated that the Director of Planning
would be authorized issue 4(d) permits as part of the overall project decision. The Director
would issue the permit just prior to grading on a project.
It was also noted that provisions for pipeline projects had been included in the proposed
ordinance. Ms. Ponseggi stated that pipeline projects must show how they are meeting the
findings for the 4(d) permit. In most cases the 4(d) permit would be implementing the EIR and
mitigation measures, perviously adopted for the project. Ms. Ponseggi noted as an example that
Rancho del Rey has purchased some 400 acres of O'Neal Canyon as off-site mitigation for the
project impacts to CSS.
Ms. Ponseggi stated that the ordinance would be taken to Council as an urgency ordinance
which, if approved, would take affect immediately. She discussed the Rancho del Rey project,
indicating in part that land intended for schools, parks, and infrastructure was to be turned over
by Rancho del Rey as part of previously approved plans. The school districts, however, would
only accept land that has been cleared, resulting in the need to address the clearing issue within
15- 52!
RESOURCE CONSERV A nON COMMISSION
-2-
AUGUST 8. 1994
an upcoming biological window.
Member Ouestions/Discussion
Commissioner Hall asked if the 5 % take was a figure for the region; Ms. Ponseggi stated that
there are 11,000 acres countywide available for take, and the City's contention is that the figure
is regional as defined by the NCCP. She added that many other jurisdictions have adopted a
4(d) rule without using specific figures.
Ms. Ponseggi further pointed out to commissioners that the 4(d) process is an alternative to the
much lengthier 10(a) process; she stated that applicants could still, however, go to the Fish and
Wildlife Service and utilize that process instead.
Commissioner Burrascano asked if the definition of take included grazing; Ms. Ponseggi stated
that it would, in her opinion, as the issue is destruction. Ms. Burrascano questioned the issues
involving disturbed habitat, and asked if a map of habitat areas would be included; Ms. Ponseggi
explained that habitats of differing quality would result in differing mitigations, and stated that
the map was not yet final.
Ms. Ponseggi reiterated that this is an interim process only, for a period of two years. She also
stated that mitigations discussed were straight out of the NCCP.
Commissioner Burrascano asked how much coastal sage scrub is affected by pipeline projects;
Ms. Ponseggi stated that 800 acres are affected.
Commissioner Guerreiro asked if the urgency was to provide for faster project processing; Ms.
Ponseggi stated that it would help with this. Mr. Guerreiro asked where the boundaries of the
5% area are, and who determines them; Ms. Ponseggi stated that 5% is a regional number and
is the entire County.
Commissioner Hall stated that she found the finding regarding necessity to "preserve public
health and safety" somewhat farfetched. Ms. Ponseggi pointed out that in the case of Rancho
del Rey, they are scheduled to turn land over to the school district this year, which they cannot
do if the land is not cleared; this would fall within the category of public health and safety.
Commissioner Kracha asked if a City ordinance should refer specifically to a project (e.g.
Rancho del Rey). Assistant Planning Director Ken Lee noted that this was probably on the
advice of the City Attorney. Ms. Ponseggi stated that urgency ordinances must be very specific,
adding that some of the fmdings have already been read into the record at the City Council
meeting.
Motion/second (Kracha/Hall) (3-1, Guerreiro opposed) to recommend approval. Motion failed.
Commissioner Guerreiro stated that he cannot support anything that accelerates development in
the City.e
I s--/.3o
COUNCIL AGENDA STATEMENT
Item
Meeting Date .t:~~
ITEM TITLE: Report: Implementation of the Endangered Species Act Special Rule 4(d)
for the Interim Habitat Loss Approval Process
SUBMITTED BY: Director of Planning ilJt
REVIEWED BY: City Manager
(4/5ths Vote: Yes_No-A..J
Last year the Federal Department of the Interior adopted the Special 4( d) rule regulating the
habitat "take" of the California Gnatcatcher. This Special Rule links protection of the bird to
the California Natural Community Conservation Planning (NCCP) process. Prior to the
preparation of an overall NCCP plan, the process allows the "take" of up to 5% of Coastal Sage
Scrub (CSS), which is the habitat for the Gnatcatcher. During the past several months City staff
has been working with staffs from throughout the region to develop a process to allow local
agencies to implement this "take" process. The following report provides further information
regarding implementation of the 4(d) rule by the City including the issues associated with the
City adopting a local "4(d) rule" ordinance.
RECOMMENDATION:
That the City Council direct staff to work toward resolving the issues identified in the staff
report, including working with the U. S. Fish .and Wildlife Service, California Department of
Fish and Game, and County of San Diego to revise the jurisdictional allocation formula for
interim take for Chula Vista, based on General Plan area or other acceptable method; and direct
City Staff, after resolving the issues, to draft an ordinance for implementation of the SpeciaI4(d)
rule at the local level.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Back2round
On March 25, 1993, the Federal government listed the California gnatcatcher as a threatened
species under the Endangered Species Act (ESA). Typically, any "take" (harm or harassment)
of listed species is strictly regulated by the U.S. Fish and Wildlife Service (USFWS), through
ESA Section 7 or 10(a) permits. A Section 10(a) permit is issued by the Service for a "take"
on private property when there is no substantial Federal involvement (i.e. a Federal permit).
15-/~.5"-30
~ 5).t~ Jcr'f
%~
~
ORDINANCE NO. ...1&Od
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE MUNICIPAL CODE TO
CREATE... A ...VOLUNTARyg@~$;'~~~~1!!€gBW$\g~$f
'l'AAB H911ls PERMIT PRbC-gSSS~C':tlONEIYtrnD~~
SECTION 4 (d) OF THE ENDANGERED SPECIES ACT
ALTERNATIVE TO THE PROCESS PERMITTED UNDER
SECTION 10(a) OF SAID ACT.
Whereas, in March, 1993, the Federal government listed the
coastal California Gnatcatcher as a threatened species under the
Endangered Species Act of 1973 (16 U.S.C. ~ 1531 et seq.,
hereinafter, the "Act"). The Act makes it a violation of federal
law to carry out any activity which will result in a take of the
species. "Take" of the gnatcatcher, broadly defined in the Act to
include harm to or harassment of the species, is prohibited.
Whereas, The U.S. Fish and wildlife Service has promulgated a
special rule under Section 4 (d) of the Act, which will allow
incidental take of the species if it results from activities which
are conducted pursuant to either: (1) the State of California's
Natural Communities Conservation Planning Act ("NCCP") and in
accordance with an approved NCCP plan prepared consistent with the
State's NCCP Conservation Guidelines and Process Guidelines; or (2)
(during the period that such an NCCP plan is being prepared), the
NCCP Conservation Guidelines and Process Guidelines published by
the California Department of Fish and Game, if within an area under
the jurisdiction of a local government agency which is enrolled and
actively engaged in the preparation of an NCCP plan. This special
rule became effective on December 10, 1993.
Whereas, the NCCP Conservation Guidelines and Process
Guidelines call for the regulation of all coastal sage scrub within
the region, and establish a planning process for the protection of
this habitat. The Guidelines further provide a process for
issuance of habitat loss permits which local government agencies
may adopt. Because the City of Chula Vista has formally enrolled
in the NCCP process and is actively engaged in the preparation of
an NCCP for the protection of Coastal Sage Scrub within the area
under its jurisdiction, under the special rule promulgated under
Section 4(d), incidental take of the gnat catcher would not be a
violation of the Act if authorized by a habitat loss permit issued
by the City pursuant to the NCCP Conservation Guidelines and
Process Guidelines.
Interim 4(d) Rule CSS Loss Ordinance
Revised August 16, 1994
Page 1
! ')<3/
Whereas, without such a habitat loss permit process under
Section 4(d), no development of habitat occupied by the gnatcatcher
may occur unless authorized under section 7 or 10(a) of the Act.
Sections 7 and 10(a) set forth a permitting process which can take
several years to complete. Failure to adopt a habitat loss permit
process, thus requiring that proposed land development applications
proceed under Section 7 and 10 (a) processes, would halt all
progress of development of occupied habitat in the region for a
substantial time.
whereas, sections 7 and 10 (a) of the Act only regulate
occupied coastal sage scrub habitat. The NCCP process contemplates
protection of all coastal sage scrub habitat, which will result in
protection of many species in addition to the coastal California
Gnatcatcher.
Whereas, Regulation of impact to coastal sage scrub within the
City is necessary immediately because the Section 4(d) rule allows
only 5% of all coastal sage scrub remaining in the region to be
disturbed. until the requirements of the ordinance are imposed,
Coastal sage scrub unoccupied by the gnatcatcher will continue to
be disturbed, posing a serious threat to the viability of the NCCP
plan and foreclosing the City's option in prioritizing projects for
the public peace, health and safety. The preservation of the
public peace, health and safety requires that projects which impact
Coastal sage scrub be reviewed in terms of impacts to this regional
resource, not individually.
Whereas, adoption of this ordinance is necessary on an urgency
basis to eliminate the need for and the delays in costs of
procuring incidental take permits under Section 7 or 10(a) of the
Act on an individual project basis. The preservation of the public
peace health and safety require that development in the region
proceed with a reasonable degree of certainty.
Whereas, the emergency action is necessary to adhere to very
specific biological time periods with respects to impacts to the
California gnatcatcher. Grading must be initiated during the non-
breeding period or "biological window", the period of September 1st
through February 15th. Failure to begin grading during the
upcoming "window" in the Rancho Del Rey SPA III area could result
in delays of one year or longer to the construction of the Rancho
Del Rey Junior High/Middle School, adjoining community park, and
other desired public facilities which would serve both existing and
future residents of this area.
Whereas, the Rancho Del Rey Partnership currently has in
escrow approximately 400 acres of off-site mitigation land in the
O'Neal Canyon area (approved by the City Council on July 12, 1994)
Interim 4(d) Rule CSS Loss Ordinance
Revised August 16, 1994
Page 2
I ') . 31-
which is a keystone property within the regional open space
preserve system. Close of escrow and resulting property
preservation is tied to the immediate enact ion of the 4(d) rule.
Failure to enact the 4(d) rule could result in the loss of valuable
habitat.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 17.30 ("Interim Coastal Sage Scrub Habitat
Loss Permit Process") is hereby added to the Municipal Code, which
Chapter 17.30 shall read as follows:
"Chapter:
17.30 - Interim Coastal Sage Scrub Habitat Loss Permit
Process
Section 17.30.010
Purpose and Intent
It is the purpose of this section to implement, on an interim
basis, a process that would allow the City of Chula Vista to issue
permits for the takirl'Fl......(d~~;~~?~};:?i:r~c..~}?:>:>)?~C?~:>t~l..~}':ge
Scrub. (CS S)habi tat, ji!:j#f!wn.!!iPi'i$8PPRPi!l~i'iP8B*qi!lW~!ii!i!9%9.nlilq;i;P:Y9#
!:iB'!I,ffi:M*~*j:l,! as an alfeinafivefO.....the...exisfirig .mi:indi:ifof'ipioCess
pfesciibeounder Section 10 (a) of the Endangered Species Act.
This process is intended to implement, on a voluntary basis,
the provisions of the State of California Natural Community
Conservation plan Act and the United States of America Endangered
Species Act of 1973, as amended, and as it related to 50 CFR 17.41,
incidental take of Coastal California Gnatcatcher.
Section 17.30.020
General Authorization
As a voluntary alternative to those government agencies,
public utilities, or persons wishing to process a "take" of Coastal
Sage Scrub located within the annexed territorial limits of the
City of Chula Vista, who prefer not to process an Endangered
Species Act (ESA) Section 10(a) permit directly through the United
States Fish and Wildlife Service (USF&WS), the City of Chula vista
may use its Land Use regulatory authority along with cooperative
agreements and other authorities granted in cooperation with the
State of California through the Natural Communities Conservation
Planning (NCCP) Act, Southern California Coastal Sage Scrub
Program, and the United States of America Endangered Species Act
(ESA) authorization for incidental take of the Coastal California
Gnatcatcher (Potiaptila Californica Californica) for activities
conducted under the authority of the State of California NCCP
pursuant to 50 CFR 17.41. Those government agencies, public
utilities, or persons wishing not to process a 4(d) Take permit
Interim 4(d) Rule CSS Loss Ordinance
Revised August 16, 1994
Page 3
/1]-33
through the City of Chula Vista may process a Endangered Species
Act (ESA) 10(a) permit directly through the USF&WS.
Applicants wishing to pursue a 4(d) Take Permit through the
City of Chula Vista shall agree to indemnify the City of Chula
Vista, its officers, employees or agents in a form acceptable to
the City, release the City of any and all liability for, and waive
any and all claims against the City, its officers, employees or
agents for exercising its authority provided including any claims
for eminent domain or inverse eminent domain, and any loss that may
be suffered as a result of implementing or conditioning a 4(d) Take
Permit.
The Director of Planning of the City of Chula Vista shall be
responsible for issuance of 4(d) Take Permits in accordance with
Section 17.30.052 through 17.30.054.
Section 17.30.040
CSS "'PaJreJJ6!is" Defined
when used in this Chapter, "~+9.l'i$" of or "taking" Coastal
Sage Scrub shall be deemed to occur if.alTor any part of the plant
community which constitutes Coastal Sage Scrub is directly or
indirectly, intentionally or unintentionally, destroyed or
disturbed in a manner that could impair the continued survival of
any plant which constitutes a part of the plant community.
Section 17.30.045
"Coastal Saoe Scrub" ("CSS") Defined
A natural community of plants approximately located on or
within 15 miles of the Southern California and northern Baja,
Mexico Pacific Ocean coast line which provides or is capable of
providing habitat (flying, breeding, nesting, nurturing, foraging
or dispersing areas) support for the California Gnatcatcher,
including but not limited to the following characteristic species
of plant:
. California sagebrush (Artemisia californica)
. Several species of sage (Salvia mellifera, Salvia
leucophylla, and Salvia apiana)
. California encelia (Encelia californica)
. Brittlebush (Encelia farinosa)
. San Diego sunflower (Viguiera lacinata)
. Buckwheats (including Eriogonum fasciculatum and
Eriogonum cinereum)
. Evergreen sclerophyllous shrubs such as Malosma laurina,
Rhus integrifolia, and Rhus ovata
Interim 4(d) Rule CSS Loss Ordinance
Revised August 16, 1994
Page 4
(5 - 34
Section 17.30.050
coastal Sage Scrub (CSS) 'l'a*e tiSiiJiil Permit
Process
General Coastal Saoe Scrub (CSS) 'Fake boSs
Process
Section 17.30.051
Any ~+R~iii of CSS done pursu,ant to this Chapter shall
require an advance written permit ("~ $g~~ Permit") from the
City issued pursuant to the requirements and conditions of this
Chapter. If an appliC:<>.I1:t chooses to obtain authorization by
procesb~ng a 4(d) ~ ?9~iii permit through the City of Chula Vista,
rather than processing an Endangered Species Act Section 10(a)
permit directly through the USF&WS, the issuance of the ~ ~*~
Permit shall be coordinated with other permit processes of the City
of Chula Vista, as provided for in Section 17.30.060; and be
subject to the making of findings as provided in Section 17.30.070
of this Chapter; be issued conditional on the mitigation of any
~+R~\:i as provided in Section 17.30.080; and be coordinated with
other agencies such as the California Department of Fish & Game
(CDF&G) and united States Fish and Wildlife Service (USF&WS) and
the giving of appropriate notices as provided in Section 17.30.090.
Section 17.30.052
Adoption of Sensitive Habitat Map
For the purposes of this Chapter, the City Council of the City
of Chula Vista authorizes the Director of Planning to certify an
NCCP Sensitive Habitat Map for the Planning boundaries of the City
of Chula Vista and adjacent area. Said map shall be used, in part,
for determining those project sites that shall be subject to the
4 (d) ~ ljp $ 1ii. Permit Process.
Section 17.30.053
'f.aire
Permit Application Process
A. Application.
1. Projects Not Previously Entitled.
For projects which, at the time of the adoption of this
ordinance, have not received all previous entitlements to proceed,
and have not submitted all required information and data in order
to permit the City t()grant entitlements to proceed except for the
issuance of a 'f.aire t!p~~.permit ("Non-Pipeline Projects"), in order
to obtain a 'f.aire~\:i~ Permit, an applicant shall submit an
application to the Director of Planning, on such form or forms as
s/he may prescribe, but which, at a minimum, shall require
sufficient project information to enable the Director to make the
Required Findings, set forth below, and to allow environmental
processing pursuant to the California Environmental Quality Act
(CEQA). The application shall include information which clearly
Interim 4(d) Rule CSS Loss Ordinance
Revised August 16, 1994
Page 5
1'5-340..
identifies existing habitats by type, and the ultimate envelope of
habitats to be impacted by the project. An assessment of existing
biological resources, and analysis of project impacts and proposed
mitigation measures must be included. The biological information
submitted shall include a biological assessment prepared for the
proj ect site in conformance with the State of California NCCP
Scientific Review Panel (SRP) field survey guidelines, or a
methodology accepted by the California Department of Fish & Game
(CDFG) as equivalent. In addition, these assessments must follow
the guidelines established by the City of Chula Vista Environmental
Review Procedures. The biological assessment shall determine the
CSS value (high, intermediate or lower) as indicated in areas
designated by the Sensitive Habitat Map referred to in Section
17.30.030.
An application for a ~ !ii8*~ Permit shall include completed
City application forms, includirigah Initial Study Application; and
the number of sets of project site and development plans determined
by the Planning Department to be adequate. The plans will clearly
identify existing habitats by type and the ultimate envelope of
habitat to be retained or impacted; required environmental
documentation addressing 4(d) permit findings and proposed
mitigation; and any applicant-proposed mitigation program or
measures to satisfy ~ @g*~ Permit requirements. This is in
addition to materials whichinay have been submitted for other
project permits.
Projects requiring a 4(d) permit can apply for said permit
simultaneously with their other discretionary permit actions or in
the case of small proj ects and previously approved proj ects,
simultaneously with grading permits. The 4(d) permit can also be
applied for separately prior to other permits, but in no case can
a development permit be issued prior to a required 4 (d) permit
approval.
A project applicant shall submit a mitigation plan that
demonstrates that the project is consistent with the findings
required in Section 17.30.070. The project must demonstrate
capacity for funding appropriate mitigation, and mitigation must be
legally assured. Habitat acquisitions and set-asides, when used,
should occur in areas with long-term conservation potential. Any
fees paid for habitat mitigation shall be maintained in an
appropriate fund, dedicated to habitat mitigation, and separate
from other development impact or other City funds.
2. Previously Entitled Projects.
For projects which, at the time of the adoption of this
ordinance, have received all previous entitlements to proceed, or
Interim 4(d) Rule CSS Loss Ordinance
Revised August 16, 1994
Page 6
().Jj
have submitted all required information and data in order to permit
the City to ~.1:"~nt entitlements to proceed except for the issuance
of a 'I'a*e !4B*~ Permit (" Pipeline proj ects"), the Director is
authorized tCi.waive any of the application requirements set forth
above in subsection A.1. to the extent the information so waived is
otherwise available to the Director in environmental and planning
documents already in the possession of the City.
B. Fees.
The applicant for a 'I'a*e ~~.~ Permit shall pay such fee as the
City determines is sufficient ECipermit the recovery of its cost of
reviewing and granting same, as such fee is set forth in, and from
time to time modified in, the City of Chula Vista Master Fee
Schedule. Until such a fee is established by the City Council in
the Master Fee Resolution, the fee shall be determined by the City
Manager, or his designee. Said fee shall be estimated by the City
at the time a completed application for a 'I'a*e tl#9$i# Permit is
submitted, and the applicant shall deposit the amount of said
estimate with the City upon submittal of the application. The City
shall not process an application for a 'I'a*e %l9~~ Permit until the
required fee deposit has been made. The City staff shall charge
its time and expenses against the deposit. If the City determines
that the deposit is, or is likely to be, inadequate during the
processing of the application, the City shall notify the applicant,
and unless the deposit is supplemented by an additional deposit,
the City shall terminate processing of the application. No 'I'a*e
tl#9$iS Permit shall be issued until all required fees have been paid.
Any excess deposit after payment of the fees shall be returned to
the applicant.
C. Review of Application.
After the City has determined that the application for a 'I'a*e
l\6~$ Permit is complete and the required fees or deposit for fees
has been made, the City, through the Planning Director, shall
initially determine if the Property has CSS thereon, and the
amount, by acreage, which is proposed for loss under the requested
'Falre pq$~ Permit.
D. Required Findings.
If the Director determines that the Property contains CSS, the
Director shall determine if the following findings (" Findings") are
true:
1. The habitat loss, as proposed for issuance under
the 'I'a*e ;;q~i!i Permit, is consistent with the
"interim loss criteria" in the November, 1993 State
Interim 4(d) Rule CSS Loss Ordinance
Revised August 16, 1994
Page 7
1)-,3'
Natural Community Conservation Program (NCCP)
Conservation Guidelines (as specified in items a.
throu$fI"1...d. below) and, if a subregional interim
~*R!ii1'1 process is established in a form approved
by the City of Chula Vista at the time of the
issuance of the 'ffi*e #9$$ Permit, consistent with
such approved subregional interim ~ %qiSi~
process.
a. The habitat loss, under the 'ffi*e :tl9$~ Permit
as proposed by the Director for issuance, will
not exceed on the date of issuance, when
considered cumulatively with all other loss of
CSS occurring since March 21, 1993, exceed 5%
by acreage of the then existing CSS within the
region.
b. The habitat loss, under the 'ffi*e @9$$ Permit
as proposed by the Director for issuance, will
not preclude connectivity between areas of
high habitat values.
c. The habitat loss, under the 'ffi*e ~R~~ Permit
as proposed by the Director for issuance, will
not preclude or prevent the preparation of the
subregional NCCP.
d. The habitat loss, under the 'ffi*e :Lass Permit
as proposed by the Director for issuance, has
been minimized and mitigated in accordance
with Section 4.3 ("Interim Mitigation") of the
"Southern California Coastal Sage Scrub
Natural Communities Conservation Planning
Process Guidelines, dated 11/5/93, and
thereafter, to the maximum extent practicable.
2. The habitat loss will not appreciably reduce the
likelihood of the survival and recovery of the
Coastal California Gnatcatcher (Potiaptila
Californica Californica) .
3. The habitat loss is incidental to otherwise lawful
activities.
4. Proposed mitigation is consistent with NCCP Process
Guidelines requirements.
E. Preparation of Draft Findings, and Proposed Terms and
Conditions (including mitigation measures) .
Interim 4(d) Rule CSS Loss Ordinance
Revised August 16, 1994
Page 8
Ie:; - :3 7
If the Director determines that the foregoing Findings are
true, s/he shall use his or her discretion in granting a ~ j:j9i'i~
Permit, and in doing so, may consider, among other things deemed
appropriate, the following:
a) The CSS on-site is not dense or classified as high
quality;
b) The CSS on-site is not in proximity to a high
quality CSS stand; and,
c) The CSS on-site is not located in a corridor
between higher value CSS stands
If the Director resolves to issue a ~ pq$@ Permit, s/he
shall prepare draft written findings, and such proposed terms and
conditions, including mitigation measures, s/he deems appropriate
upon which to issue the ~ :&Q$$ Permit ("Draft ~ l::M:i$i$
Permit" )
F. Resource Agencies Review of Certain Pipeline Projects.
For Pipeline Projects which have already undergone CEQA review
and no change to the I?:r.-?ject design/Permit are reQ'7+:r.-ed in order to
issue the Draft ~ H8~~ Permit, the Draft ~ @Ailli:l Permit shall
not be issued for a pe:dod of 30 days ("I<~viewPeriod") after a
l'<?t.ice of Availability of the Draft ~ Ji!8~m Permit and Draft ~
l;!Q$$ Permit (including findings and intent to issue) has been
disfributed to the San Diego Association of Governments (SANDAG)
and the California Department of Fish & Game ("CDFG") and the u.S.
Fish and wildlife Service ("USF&WS") (the latter two of which
shall, when referenced together, shall collectively be referred to
as the "Resource Agencies") No additional review by the general
public, or public hearing and noticing of the public will be
required.
SANDAG shall, during the first 15 days of the Review Period,
have the opportunity to review the Draft ~ li8~~ Permit to verify
that the proposed habitat loss does not. e.xceed the maximum
permitted habitat loss for the subregion.
The USFW&S shall, during the ...Review Period, have the
opportunity to review the Draft ~ ;9gm!1i Permit and to notify the
City whether, in their opinion, the prOject and mitigation program
are inconsistent with the Conservation Guidelines. If the USF&WS
opines that the proposed ~ j:jQW* Permit is not consistent with
the Conservation Guidelines, thEiyshall have a maximum of 60 days
after notification of their opinion of inconsistency to consult
with CDFG and provide recommendations to the City for modifying the
Draft ~ $$$$ Permit (including modifying the project or terms
Interim 4(d) Rule CSS Loss Ordinance
Revised August 16, 1994
Page 9
/5-Ji
and conditions of the ~
inconsistency.
Permit), to eliminate the
If USF&WS responds that
consistent with the Conservation
the Review Period shall end at
response or the first 15 days of
the Draft 'Fa*e lli6\il\il Permit is
Guidelines in less than 30 days,
the later of the date of such
the Review Period.
If SANDAG confirms that the regional cumulative 5% habitat
loss is not exceeded and if no notification is provided by the
USF&WS within the above-noted 30 days, the proposE~ habitat loss
shall be deemed approved and the 4(d) permit shall be granted.
G. Public Review.
For Non-Pipeline Projects, the Director of Planning (or his
designee) shall provide the public agencies listed in subsection F.
above with the same review rights as set forth therein for the same
Review Period, and in addition thereto, shall make the Draft ~
~~.~.~ Permit, including the findings, terms and conditions,
available for public review as part of the environmental review
process.
H. Inconsistency with Guidelines.
The Director shall either include such recommendations
required by the USF&WS in the Draft ~ Rfi.m$ Permit, or shall not
issue the ~ Permit.
I. Issuance of Permit.
The Director may issue the Draft ~ B8:\1~ Permit in the form
as modified by the requirements of the US t:'&'VIS, subject to such
additional terms and conditions as he deems appropriate resulting
from the application and review process, including, but not limited
to the following conditions:
1. The ~ 14&iii$ Permit shall be issued only when
development is emInent, and shall automatically expire
six (6) months from issuance unless, in the opinion of
the Director, substantial site work or other site
development activities have not commenced. The Director
is authorized to extend the termination date of the ~
fl1i9~iii Permit if requested by the applicant, but not for a
period of time greater than six (6) months from the
termination date of the originally issued ~ ~iii~
Permit, and then, only if the Director determines that
the findings, terms and conditions on which the ~ B8~.~
Permit was originally issued still apply, the needrcir
Interim 4(d) Rule CSS Loss Ordinance
Revised August 16, 1994
Page 10
I S- 3,
the extension is due to circumstances beyond the control
of the applicant and that development will likely proceed
prior to the expiration of the extended time period.
Section 17.30.102
Grant of .!ffiJre A8~~ Permits by Fire Marshal
Without complying with the requirements of this Chapter or
Section 10 (a) of the Endangered Species Act, or the rules and
regulations promulgated thereunder, the City of Chu~~yista Fire
Marshal is authorized to take CSS or to issue a .!ffiJre ~~~ Permit to
a property owner to take CSS where it is necessaryJ.nhis or her
opinion to mitigate an extreme fire danger that threatens humans or
structures occupied or capable of being occupied by humans, and
then only to the extent necessary to mitigate such danger, but in
no event more than 30 feet from any property line. In such cases,
only thinning and pruning of CSS habitat will be allowed.
Section 2. The City Council does hereby find that, based on
the facts set forth in the recitals hereto, this ordinance is
necessary as an emergency measure for preserving the public peace,
health, safety, and general welfare, and may be introduced and
adopted at one and the same meeting if passed by at least four
affirmative votes.
Presented by:
Approved as to form by:
Bruce M. Boogaard
City Attorney
Robert A. Leiter
Director of Planning
Interim 4(d) Rule CSS Loss Ordinance
Revised August 16, 1994
Page 11
(5-1[0
~i~.~~~~~~I. r.~~
,
f1u1/1
/ . . "J' IY)
s....n <.:if CALIf9tNlA-.TM! lI.f~OURCI$ I\GINCY
...
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pue W:LSCN. a"..,1'IOt
-
-
~-
DEPARTMENT OF FISH AND GAME
141. 1'IINTf1 $TlII!
. t) MI' o.u:u....
ueU,..,EHTO, CA ..2.44-2090
(916) 653-9767
/)
i)
@
A\lq\1f1't 10 I 1994
Mr. Robert A. Laitar
Director of Plann1nQ
276 Fourth Avenue
chula Vista, california 91910
Dear Mr. Leitarl
City of Chula Vista 4(d) Ordinance
Oepartment of Fish and Game staff of the Natural Co~uniticG
Con.ervation Planninq (NCCP) program has reviewed the referenced
docunent, for whioh the City reque~ted comments by Auqust 9, for
inolusion 1n it. staff report prior to city council action on
Auquct 16. The draft incorporates moat of the conc.rn8 of the
tilh and wildlife agencies. O~r specific comment~ on the draf~
tollow.
paqe 3-and tollowing referenoes, partioularly Seotion
17.30.040, replace "CBS take" with "CSS 10sl" throyqhoyt the
document. The term "take'l i. limited to QP~oies-specitic
action",
Paqe 4 (Section 17.30.04~) derines coastal saqa scr~~ (eSs)
by location and it. relation.hip a~ habitat that supporta
California Qnatcatcher. This definition 15 pr~sQntly incomplete
in the ~raft we reviewed, as it lacks the species list. A useful
term is that used in the City of San Diego'S 4d ordinance,
"CoAstal saqe sorub habitat." Coastal saqe scrub habitat i~ a
veqetation co~unity co~posed of rllatively low-growing, summer-
deciduous and succulent plant.. Characteristic plants of this
oommunity include California saqebrush, various speoies of true
.egea, California bUCKwheat, lemonadeberry, priCkly p.~r, and
cholla oaotus. Coastal sage scrub is the more q~neral name for
v~qQtation communities also known al m~ritirne sucoulent sorub,
Dieqan and Riversidaan sage scrub, southern coastal bluft scrub,
inlan~ .sq. scrub, alluvial .a18 scrub, and mixture. of
vlqetation communities contalninq ooastal saq. icr~b Qle~ents and
providinq California qnatcatchlr habitat.
1')- 41
J .
3)
1)~
,~
~~~.~~~l~l(~ ~.~~
.'
~r. Robert Leiter
Augult t, 1994
Paql TWO
Pail 5 (!laction 17.30.0~3) whoulll cle.dfy th!\t tho ol:;.;linan'a
is restricted to city's actual boundary, n~t plannlnq ~rea or
sphere ot influence (unless the othwr affected ju~isdiotions
8peo1f1ca~~y e~ree to th1B).
paq. 6 (Slction 17.3Q.053, B) would be cla~iti.d by
specifyinq how the city will Ild<.lr:ess "pipeline" projeot!!1 thb
slction now states only that these projects will not need
additional information (to make a 4(d) determination) if their
prev1ou. projQct documentation wes suCricient to maKe e 4(d)
findini. This seotion should specify how th~ city will address
the adequacy of these projects; and, if found inadQquate, what
w1ll the City do to Insure th.1. dae~UQcy?
~J Paql 1 (Section 17.30.053, O.l,b) would be clarified by
~~tatin9 tnat preclU~in9 connect1v~~~ b=tween ar.~~ of higher
habitat value may reqUire the ~onservation of habitat that is
, - rated as ~ntlrmediat. or even lower value when evaluated ~~inq
the NCCP quidaL1nll. Aleo, the kin~s ur mitiqatione required for
habitat losses need more specificity (miti9ation ratios o~
.ilDilar) ,
paqe 8 (s.ction 17.JO.O~3, E) would be clarified by stating
that the i.suance of "4(d) FindlnQs" precedes the issuance of a
"4(d) interim habitat 10$S permit,. ~na th~t findin9~ could b.
made tor projects that total more than the 5\ CSS habitat 101s.
Section "1" should then oladfy that 4(d) loss permit!; would be
limited to those imminent projects, uv to the ~'li~i~. ~he oity
could epprove findin98 tor ~ore projects than woulo receive final
4(d) permitsl it would have to condition its finQing~ that the
final p.:nn~t to c.l.ear CI:lI:l woul" be Flradio4\tlllll upon the. faet that.
the oity had not issued loss permits exceedin9 the 5% loss.
to)
7)
Paga 10 (Section 11.30.1U2) would be cliuH1ed by imHeating
how the hlanket exemption to cllar CSS for fire safety will
address the pOllibility of endangered species, and provide
notification of the Wilt11ita agencies to ~vold \j1l/1utho~-hod telke..
Please cont~ct Mr. Bill Tippets, NCCP Field Supervilor,
888SRio San Diego Drive, Suite z1v, San 01~90' C~lltQrnia .2109,
(619) 688~4261, it you have any queetiQnl spout these OO~~Qnta.
Cg'. a.. next pa9-
(5-41-..
Mr. Robert Leiter
~uq\\,t 9, 19\'4
Page !l'hroo
001 Oopertmant of Fish and Game
Mr. Fred Worthley
Lcn'iJ Beach
~
Mr. Bill Tippets
San DieljJo
U.S. FiSh and Wildlife Service
OClrletlClcS
Mr. Gail Kobetioh
Ms. Nanoy Oilbert
"'
{5-43
.,.......TQ' ~ I":l"
RESPONSES TO DEPARTMENT OF FISH AND GAME LETTER
DATED AUGUST 11,1994 REGARDING 4(d) ORDINANCE
Comment 1: The Draft Ordinance has been modified to referred to "Loss" permits rather than
"Take" permits.
Comment 2: Section 17.30.045, of the Draft Ordinance does include a list of the plant species
typically associated with CSS habitat. The version sent to CDFG for comment was not fInalized
and did not include the species list.
Comment 3: Section 17.30.010 has been modifIed to specifIcally state that the ordinance's
purpose is to adopt a process for issuing 4( d) Loss Permits for properties within the corporate
boundaries of the City of Chula Vista.
Comment 4: Section 17.30. 053B refers only to the application materials required for "Pipeline"
projects. It does state that the Director of Planning may waive the requirement to submit certain
application materials to the extent that the information contained in those materials are available
in the documents previously submitted to the City for the original project approvals.
Comment 5: Section 17.30.053 (D.1.b) is taken directly from the NCCP Conservation
Guidelines. As stated in Section 17.30.010 the ordinance is intended to implement the
provisions of the NCCP and the NCCP Guidelines are referred to or quoted directly throughout
the draft ordinance.
Comment 6: Section 17 .30.053 (E) addresses the preparation of the Draft Findings for a 4(d)
Loss Permit. The fIndings in Section 17.30.053 (D) address the 5% limit for loss permits.
Under the provisions of the ordinance, it is possible that after draft fIndings have been prepared
and circulated for a 4( d) Loss Permit that by the time the applicant is ready to implement
grading and exercise the 4(d) Loss Permit issued, the 5% limit may have been reached and the
Draft Findings are no longer valid.
Comment 7: Regarding Section 17.30.102, the fmal Draft before your Council includes a
provision for the Fire Marshal authorizing Loss Permits only for pruning and thinning, not
complete clearing activities. The City's Fire Marshal has consulted with the U.S. Fish &
Wildlife Service and worked out a system for notifying them regarding potential fIre hazard
situations. The Service has advised the Fire Marshal that thinning and pruning activities in these
situations will be acceptable.
(5-lr~
HuQ.17 '94 14:41
SIERRA CLUB, SAN DIEGO
FA:-: 619-299-1742
P. 1
fAX to: 6~1.5171
SIERRA CLUB, SAN DIEGO CHAPTER
San Diego & Imperial Counties
3820 Ray Street
San Diego. CA 92104-3623
e
III Office/Bookstore 619 299.1743
r^W'I~!IIf.iI"ll7\_.619 .299:1741
D",S.~~~~' ~~~ ~~1,9 ~1~42
set:!IIi:8.:; ,inOA Jj.4-tO l:liC(.,u I
t 16, 1W4 :Jell1O []u.<',.JCw I
,'~";~.~.;
e~u
P~~M."'!J.
NO:~t~!!.. ')q
-- '
Au
Doug Reid
Planning Department
City of Chula Vista
Subjl'Ct: Sierra Club Comments On City of Chula Vista "Ordinancl' Amending the
Municipal Code to Create ^ Voluntary Take Pennit Process Sanctioned
Under Sl'Ction 4(d) of the endangered Species Act Alternative to the Process
Pennittcd Under Section 10(a) of the Act."
Dear Mr. Reid:
The San Diego Chapter of the Sierra Club is a member of the Multiple Spt.'cil.'!;
Conservation Program (M.<;CP) Working Group. We received our first notice' of
Chula Vista's consideration of tIll' proposed 4(d) Interim Take Ordinance today,
August 16, 1994. Bt'causl' of the limited lime provided by this latc notice, our
comments are based ('ntircly on the Council Agenda Statement. We have not had
the time to review the ordinance language. .
The Sierra Club has the following general comments:
1) The basic intent of the the Interim Tak.e Provi!;ions-to ensure that interim
actions do not preclude establishment of viable habitat preserves-tlhould be
made clear to decisiun make!'!' at'ld reflected clearly in tht! urdinance. The
Council Agenda Statement does not convey this intent.
2) The Interim Take ordinance shuuld explicitly reflect the most basic criteria in
the Natural CllIl\tnunity Conservation Planning (NCCP) Guidelines that
"Impacts in higher value areas must demonstrate that the lotlS will not foreclose
future reserve platuling options. ..W (NCc...'P PrOCCA!; Guidelines, 2.2.d.)
3) The 4(d) Interim Take pnlct's!' should be a "your in or your out" proposition.
U the City intends to tak.e advantage of this alternative to Section 10(a) or
Sectiun 7 appnlvaL~, a11 projects Rubmitted for 4(d) appruval should follow
pwcl-dures which are conllistent with the NCCP Guidelines. Projectq which
cannot meet the NCCP findings, should not be approved.
4) We have no problems with the use of an Emergency Procedure when tlwre is
an emergency. However, any emergency urdinancc should be strictly limited
to emergency circumstances. It is n(lt an "emergency" when a jurisdiction
could reasonably anticipate taking a regular adoption action but dOl'll not and
just waits around for subsequent "emergencies" to develop.
/S-4S
Statemmt (which is all the review the late notice allowed):
Back2round The City Council deservcs more complete infom\ation on the key
provisions of the NCCP Guidelines which they are committing they will implement
and respect. l'or example, it should be highlighted.that interim take approvals are
only intended for projects "proposed to proceed with grading in the near term."
And it !!hould be made clear that "decisions having a substantial adverse impact on
high value habitat should be deferred until completion of the NCCP, if possible."
And most importantly, it should be clear that an underlying finding for interim take
must be that "Impacts in higher value areas must demonstrate that the lOllS will not
foreclose future reserve planning options as stated in the (NCCP) Conservation
Guidelines.
Summary of Draft Ordinance The concept of consultation ONLY with the Resource
Agencies for approved projects is problematic in one particular Tl'Spl.~ct-the
Resource Agencies should have the benefit of any public public comments in their
sign-off action and citizens and general interest groups should be aware of the
consultation process, so they can offer their perspectives. Some type of notice
proc~ur~uch as posting in th(> City Clerk's Office-is necessary to ensure the
"opportunity for public comml~nt" required in the NCCP Guidelines.
The discussion of p<'rmit issuance suggests the City's intention to autlwrize interim
lake approvals in excess of th<' 5% and then to issue the permilc; when grading is
imminent. Thi!! is inconsistent with the NCe!' Guidclines which indicate that
approvals should be limited to cases where grading is imminent.
Proposed Adoption as Emerlten<.'V Ordinance As stated above, an J-:mergency
Ordinance should be limited to identified "emergency" situations. It i!l not
appropriate to use emer~ency nrdinan~e pr<lcedures to anticipate the occurrence of
future situations which are not emergencies but which can be reasonably
anticipated. The need to obtain take approvals for coastal stagl' scrub can be
reasonably anticipatcd, given the listing of the California gniltcatcher and the
issuance of the 4(d) Special Rule. A regular, not emergency ordinance procedure
should be used to adopt a non-emergency Interim Take procedure. (Note: the
County's adoption of an Emergency Interim Take Ordinance is being followed by
development of a regular ordinance.)
~ctfUllY, l' /_
~/f'L~
Craig Ada
Conservation Coordinator
299-1741
/ j- qb
COUNCIL AGENDA STATEMENT
Item --1 fD
Meeting Date 8/16/94
ITEM TITLE: Resolution ,,-.2.20 Approving first amendment to agreement
with Ace Video Productions for videotaping the Chula Vista City Council meetings for
televising.
SUBMITTED BY:
P,blio ''''oematioo C'XXd;oa~
Deputy City Manager KremPI~It; (,
kP
City Manager (4/5th Vote: Yes _ No -XJ
VIA:
REVIEWED BY:
Chula Vista entered into its first contract for videotaping all City Council meetings in 1988
after a six-month trial period proved successful. In January 1991, the City Council
authorized a six-month interim agreement with Ace Video Productions for videotaping City
Council meetings following termination of a previous contract. After a formal RFP process
for video production of City Council meetings for televising, Council approved a long-term
agreement with Ace Video Productions in July 1991. That contract was for an initial three-
year term with an option for the City to extend the agreement for an additional two-year
term. Staff has negotiated a contract amendment that allows for the installation of a
remote camera system and for that consideration, extends the term one year beyond the
currently authorized two-year term for a total three-year extension.
RECOMMENDATION: That Council adopt the resolution approving the first
amendment to agreement for videotaping the Chula Vista City Council meetings for
televising including the installation of a remote camera system (Vectorcam V7000C) and
a three-year term.
BOARD/COMMISSION RECOMMENDATION:
Not applicable
DISCUSSION:
The proposed contract amendment effectively continues the agreement the City has had
with Ace Video Productions for the past three years. The purpose of this agreement is
to videotape the Chula Vista City Council/Redevelopment Agency meetings for
broadcasting on cable television and for viewing at the Chula Vista Public Library.
/t-I
Page 2, Item
Meeting Date
I~
8/16/94
The major change proposed in this contract amendment is the installation of a remote
camera system in the Council Chambers and adjacent audio-visual control room.
Videotaping City Council meetings using a remote camera system is an option the city
has been interested in exploring further for some time. As Council is aware, the County
of San Diego uses a remote system as do a number of other cities and government
agencies that videotape public meetings. Prior to the formal RFP process in 1991, staff
looked at the operation of several remote camera systems. Ace Video submitted two
proposals to the City's RFP---one which would have used remote equipment. However,
at that time both staff and Ace Video agreed that the remote camera proposal needed
to be reviewed more fully. During the past six months Ace Video and City staff have
examined this option.
A. Remote Camera System
1. The advantages of a remote camera system are:
o Operation will be less intrusive since cameras will be mounted on the walls or
ceiling and during the meetings the video production staff will work primarily in the
adjacent audio/video control room unless adjustments need to be made to the
equipment.
o Temporary wiring which is now taped on the floors and baseboards will be
eliminated from Council Chambers and permanently installed in the walls or in the
ceiling. This will address some concerns which have been expressed about
meeting ADA (Americans With Disabilities Act) mandates.
o Aisles in Council Chambers will be more accessible to the public.
o Seats that were removed from Council Chambers to accommodate the cameras
will be reinstalled.
o New equipment will allow use of Super VHS tapes, reducing the City's cost of
purchasing tape stock by as much as $520 a year. While the longest 3/4" tapes
are 60 minutes, Super VHS tapes are available in 120-minute stock as well as
cheaper. The current equipment uses 3/4" tapes and the purchase of tape stock
cost the City $823, $1,226 and $1,051 during the past three years.
Because of the capital expenditures and alterations to the Council Chambers that will be
required, City staff (Building Construction and Repair, Communications, and Public
Information divisions) and Ace Video have held numerous meetings to review the options.
Then Ace Video surveyed a number of remote camera systems and closely evaluated the
capabilities of three systems that would interface with their existing equipment ranging in
price from $10,000 to $30,000.
2. Analysis and Recommendations on Remote Camera
Ace Video recommends and staff concurs that the best system to use for videotaping
I",,;,
Page 3, Item
Meeting Date
I~
8/16/94
City meetings at this time is the Vectorcam V7000C, priced at $13,450. The Vectorcam
V7000C system will allow Ace Video to use their existing high-quality three-chip cameras.
While the lenses will have to be modified for remote focus and zoom control, the cost will
be considerably less than purchasing new lenses or cameras. The system's desktop
controller will allow one operator to control two cameras. It is recommended that the
third camera---which would be mounted on the ceiling or wall---maintain a "locked-down"
wide shot similar to the one that is utilized now by the unstaffed camera in the Council
Chambers.
In evaluating Ace Video's proposal, staff conferred with the Production and Program
Manager for San Diego's Learning Channel (ITV), run by the County Board of Education;
an independent video consultant; and the audio-visual coordinator at the Chula Vista
Public Library. All agreed that installing this remote camera system will have benefits for
both the City and Ace Video. Evaluator's comments included the following: "High-quality
industrial cameras." "Good deal for the City---it will especially improve the aesthetics in
the Council Chambers." "Super VHS has good reproduction quality." "It's a 'good call'."
"This is a good selection---the equipment has been relatively problem-free and is not
overpriced or more than is needed to do this job." "This makes sense---many cities are
now using remote camera systems."
3. Cost Considerations
The cost of the svstem would be borne bv the contractor and their amortization is the
reason the contract is proposed for a three-year extension rather than two years. Ace
Video will save the costs of staffing two cameras (approximately $450 a month).
However, given that no savings will accrue until the system is installed and operational
in approximately six months, the savings will not equal the capital investment ($13,450)
until the end of the third year of the proposed contract extension. (Because the number
and length of City Council meetings vary, only an estimate of the total savings is
available.) The Company will purchase all the necessary equipment including the cables
and wall/ceiling mounts which will be permanently installed in the City's Public Services
Building. The only obligation of the City will be to permanently install the cables in the
ceiling or walls at a cost of less than $1,000. If the City was to continue the current
videotaping set-up, it would cost the City approximately $2,500 to purchase the necessary
audio and video cabling, and install the cables in the walls and ceilings of the Council
Chambers.
The cabling and wall/ceiling mounts will become the property of the City and in the future
these could accommodate other compatible equipment or another contractor. As in the
current contract, the cameras and other equipment remain the property of the contractor.
It"J
Page 4, Item
Meeting Date
1(..
8/16/94
B. Summary of other Key Contract Points
The basic terms of the proposed contract amendment are as follows:
1. Equipment: The equipment remains the same as in the original contract until the
remote camera system is installed in approximately six months; at that time it will include
one Vectorcam V7000C remote camera system including a desktop controller; three Sony
color cameras with videoconferencing lenses and zoom control; two remote control pantilt
heads; one color program monitor, one color preview monitor, and three black and white
monitors; two Super VHS videotape recorders; two 1/2" VHS videotape recorders; one
character generator; one special effects switcher; and three wall/ceiling mounts. Ace
Video will order, install and test equipment. City will permanently install the video cables
purchased by the company in the Public Services Building.
2. Staff: The minimum four-person staffing remains the same as in the original contract
until the remote system is installed; at that time the staffing can be reduced to a minimum
of two people. One person will control the remote cameras and the other will be the
technical director and tape/graphics operator. This minimum will allow for short breaks
during meetings, if necessary.
3. Costs: Initial four hours or less of meeting time remains the same as FY 93-94 at
$768, with $84 for each additional hour beyond four hours. No CPI adjustment for FY
1994-95 and optional at the City's discretion in FY 1995-96 and FY 1996-97. Company
will pay for all new equipment and installation costs, except estimated $1 ,000 City will pay
to install wiring.
4. Additional services: Camera operator and video consulting services for up to four
hours a month each at no additional charge for uses designated by the City.
5. Term: Three-year extension, with clauses for termination for cause or convenience.
CONCLUSION:
During the first term of the contract, City staff has found Ace Video to be professional, on-
time and committed to producing a high-quality program every week. The company has
worked closely with the City to seek solutions to problems that have arisen from time to
time which are inherent to this type of multi-camera "live" program switched in the field.
Besides taping the regular meetings, the company has provided---at no cost to the City---
a camera operator for up to an additional four hours a month as well as an additional four
hours a month of video consulting services. The City has used these services in a variety
of ways including videotaping special events and activities (Le. Harbor Days and the
downtown Farmer's Market); videotaping seminars (Le. sexual harassment training);
training city staff in using video equipment (Le. Building and Housing Code Enforcement
)&,1
Page 5, Item
Meeting Date
Il.-
8/16/94
staff); videotaping interviews (Le. oral interviews with longtime Chula Vista residents for
the Chula Vista Heritage Museum); and for filming and directing special programs (Le.
City Manager's budget overview when not part of regular Council meeting). This
provision in the contract has saved the City a considerable amount of money as well as
allowed coverage of events that otherwise would not have been videotaped.
FISCAL IMPACT:
Because of the observation of certain holidays and the calling of special meetings, the
yearly number of televised Council/Redevelopment Agency meetings ranges from 42 to
48. During the first three years of the Ace Video contract, the costs to the City have been
$35,933 for 47 meetings in FY 1991-92; $39,673 for 46 meetings in FY 1992-93; and
$39,571 for 46 meetings in FY 1993-94. Using the up to four-hour meeting cost of $768,
the base yearly cost for FY 94-95 ranges from $32,000 to $37,000. Since the length of the
meetings can vary greatly, the number of additional hours at $84 per hour is difficult to
estimate but is unlikely to exceed $4,000. The adopted FY 1994-95 budget contains
sufficient funds for this purpose. This represents no net increase in contract cost for the
current year versus the previous year.
The cost of 3/4" tape stock during the three previous years has ranged from $822 to
$1,226. There will be a savings to the City of about $520 a year by using Super VHS
tapes rather than 3/4" tapes. The funding includes 40% Redevelopment Agency and 10%
Chula Vista Transit reimbursement to the General Fund.
Approximately $1 ,000 will be spent to permanently install the cables in the Public Services
Building. This will come out of the $1,000 budgeted in the non-departmental account for
FY 1994-95 for Council Chambers modifications as needed, which includes lighting,
wiring, and other mechanical changes.
/"..f /II~ -6
RESOLUTION NO. /?/'~:J...
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FIRST AMENDMENT TO
AGREEMENT WITH ACE VIDEO PRODUCTION FOR
VIDEOTAPING THE CHULA VISTA CITY COUNCIL
MEETINGS FOR TELEVISING
WHEREAS, Chula Vista entered into its first contract for
videotaping all City Council meetings in 1988 after a six-month
trial period proved successful; and
WHEREAS, in January 1991,
six-month interim agreement with
videotaping City Council meetings
previous contract; and
the City Council authorized a
Ace Video Productions for
following termination of a
WHEREAS, after a formal RFP process for video production
of City Council meetings for televising, Council approved a long-
term agreement with Ace Video Productions in July 1991; and
WHEREAS, the contract was for an initial three-year term
with an option for the city to extend the agreement for an
additional two-year term; and
WHEREAS, staff has negotiated a contract amendment that
allows for the installation of a remote camera system and for that
consideration, extends the term one year beyond the currently
authorized two-year term for a total three-year extension.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the First Amendment to
Agreement with Ace Video Productions for videotaping the Chula
vista city Council meetings for televising, a copy of which is on
file in the office of the City Clerk as Document No. (to be
completed by the City 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 First
Amendment for and on behalf of the City.
Presented by
Jeri Gulbransen, Public
Information Coordinator
C:\rs\ace.1st
/J. ~? /J{~-g
FIRST AMENDMENT TO CONTRACT TO VIDEOTAPE
CHULA VISTA CITY COUNCIL MEETINGS FOR TELEVISING
First amendment to contract is made this day of , 1994 for the
purpose of reference only, and effective as of the date last executed between the parties,
between the City of Chula Vista ("City") herein, a municipal corporation of the State of
California, and Harold Frazer, Jr. doing business as Ace Video Productions ("Company")
and is made with reference to the following facts:
RECITALS
WHEREAS, Ace Video Productions and the City have a mutually beneficial
contract to videotape the regular Chura Vista City Council/Redevelopment Agency
meetings, and
WHEREAS, the Company has prepared and delivered the services required
of the Company to the City during the Initial three-year term of the Agreement, and
WHEREAS, the Company and the City have evaluated the benefits of installing
a remote camera system and the Company warrants and represents that they are
experienced and staffed In a manner such that they can direct the services required
of the Company to the City within the time frames in accordance with the terms and
conditions of this contract, and
NOW, THEREFORE, the City and Company mutually agree that the provisions
ofthe Agreement dated July 2,1991, will remain in full force and effect except that
Section 1:A, B, E, F, G; Section 2:A, B, D; and Section 3:A of the Agreement are
amended and Section 1:M is added to read as follows:
.SECTION 1: SERVICES AND EQUIPMENT
A. Company agrees to produce broadcast quality 3/4" or Super VHS videotape of
the entire City of Chula Vista City Council/Redevelopment Agency meetings that
usually are scheduled on the first four Tuesdays of every month for the term
specified in this agreement. The schedule may include observation of certain
holidays and special meetings.
B. The Company agrees to provide the following equipment as a minimum for
videotape production purposes until the remote camera system is installed and
operational:
. three Sony DXC3000 color video cameras or equivalent model subject to
City approval;
. one color program monitor, one color preview monitor, and three black and
white monitors;
. two 3/4" videotape recorders;
/~ - '7
. two 1/2" VHS videotape recorders;
. one character generator;
. three intercom headsets;
. one special effects switcher.
After the Installation of the remote camera system, the company agrees to
provide the following equipment as a minimum for videotape production
purposes:
. one Vectorcam V7000C remote camera system including a desktop
remote controller to operate two cameras;
. three Sony DXC 3000 color video cameras or equivalent model subject
to City approval with two remote control videoconferenclng lenses and
zoom control;
. two remote control pan/tilt heads;
. one color program monitor, one color preview monitor, and three black
and white monitors;
. two Super VHS videotape recordersj
. two 1/2" VHS videotape recordersj
. one character generator;
. one special effects switcherj
. three wall or ceiling mounts.
E. Company will provide a minimum of four staff to operate the above mentioned
equipment including two camera operators, one technical director and one
tape/graphics operator until a remote system Is Installed and operational. After
the remote cameras are installed, the company will provide a minimum of two
staff Including one technical director, and one remote camera and
tape/graphics operator. Company's staff shall be neatly dressed and courteous
at all times and shall present a positive, professional image.
F. Company will deliver to Cox Cable (1175 North Cuyamaca, EI Cajon) a completed
production on 3/4" or Super VHS videotape no later than 3 p.m. the day following
the Council/Agency meeting. Company will deliver to Chula Vista Cable (296 Third
Ave., Chula Vista) a completed production at slow speed on 1/2" VHS videotape
no later than 3 p.m. the day following the Council/Agency meeting. In addition the
company will provide a 1/2" VHS tape to the City by 5 p.m. the day following the
meeting.
G. The Company also agrees to utilize the character generator for identifying
speakers and items under discussion, and displaying the City logo throughout the
meetings. Company will store at least 150 names and titles which will be updated
at least every six months by City. The Company will use the City-provided
opening followed by the meeting agenda at the beginning of each program.
2
/J,-/C)
Approximate times specific items will be cablecast will be added to the agenda on
the 3/4" or Super VHS videotape. Credits listed at the end of each televised
meeting will include the City of Chula Vista and may include the Company.
Various public service messages also shall be displayed during the meetings,
submitted by the City to the Company at least two working days prior to the
meeting the messages are scheduled to appear.
M. The Company will order, install, test and have the specified remote camera
system operational In approximately six months following the date of this
contract amendment.
The City agrees to permanently Install the cables necessary to run this system
In the Public Services Building In a timely manner after purchase by the
Company. During the term and at the conclusion of this agreement detailed
herein, the cables and all wail/ceiling mounts associated with this contract are
the property of the City."
.SECTION 2: PAYMENT
A. The City agrees to pay the Company $768 (per meeting charge) for each televised
Council/Agency meeting of four hours or less videotaped by Company. An
additional $84 will be paid for each additional hour or part thereof for meetings
lasting longer than four hours. Length of the meetings shall be determined from
the scheduled start time until the meeting is adjourned.
B. The per meeting and hourly costs may be adjusted at the discretion of the
City Manager or his designee at the beginning of FY '95-'96 and FY '96-'97 in
an amount that equals the percentage Increase of the All Urban Consumers
Price Index for the San Diego Region (CPi) for the most recent twelve months,
as reasonably determined by the City's Finance Director, up to a maximum of
5 1/2 percent.
D. The per meeting charge ($768) will be payable by the City for meetings scheduled
to be videotaped by Company that are canceled without at least six calendar days
notice of such cancellation to the Company..
.SECTION 3: TERM
A. The term of this amended Agreement will be for three (3) years commencing
on ,1994.
3
/~ -1/
COMMUNICATIONS RELATING TO THIS AGREEMENT SHOULD BE DIRECTED TO:
Jerl Gulbransen, Public Information Coordinator
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
691-5296
Ha~old Frazer, Jr.
Ace Video Productions
1940 Garnet Ave., #101
San Diego, CA 92109
483-9698
All other terms of this contract shall remain In full force and effect for this extension
of the contract..
4
/J"/.2.
SIGNATURE PAGE TO
FIRST AMENDMENT TO CONTRACT TO VIDEOTAPE
CHULA VISTA CITY COUNCIL MEETINGS
FOR TELEVISING
IN WITNESS WHEREOF, City and Company have executed this Agreement this
day of , 1994.
City of Chula Vista:
Tim Nader
Mayor, City of Chula Vista
Attest:
C:\alice\acecont
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CONTRACT TO VIDEOTAPE
CHULA VISTA CITY COUNCIL MEETINGS FOR TELEVISING
This Agreement is made this July 2, 1991 for the purposes of reference only, and effective
as of the date last executed between the parties, between the City of Chula Vista ("City")
herein, a municipal corporation of the State of California, and Harold Frazer Jr. doing
business as Ace Video Productions ("Company") and is made with reference to the
following facts:
RECITALS
WHEREAS, the City of Chula Vista solicited proposals from qualified individuals
or organizations to videotape the regular Tuesday meetings of the Chula Vista City
Council/Redevelopment Agency, and
WHEREAS, the proposals submitted were evaluated in terms of cost effectiveness,
equipment and staffing, experience of personnel, and ability of proposer to perform, and
WHEREAS, Ace Video Productions, as one of the original proposers, agreed to
negotiate with the City a contract mutually beneficial to the parties, and
WHEREAS, Company warrants and represents that they are experienced and
staffed in a manner such that they are and can prepare and deliver the services required
of Company to City within the time frames herein provided all in accordance with the
terms and conditions of this Contract, and,
NOW, THEREFORE, BE IT RESOLVED that the City and Company do hereby
mutually agree as follows:
SECTION 1: SERVICES AND EQUIPMENT
A. Company agrees to produce broadcast quality 3/4" videotape of the entire City of
Chula Vista City Council/Redevelopment Agency meetings that usually are
scheduled on the first four Tuesdays of every month for the term specified in this
agreement. The schedule may include observation of certain holidays and special
meetings.
B. The Company agrees to provide the following equipment as a minimum for
videotape production purposes:
. three Sony DXC3000 color video cameras or equivalent model subject to
City approval;
. one color program monitor, one color preview monitor, and three black and
white monitors;
. two 3/4" videotape recorders;
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. two 1/2' VHS videotape recorders;
. one character generator;
. three intercom headsets;
. one special effects switcher.
C. Company agrees to also provide a waveform/vectorscope monitor to enhance the
alignment of color levels between cameras, within 120 days following the signing
of this contract.
D. Company will provide up to two playback monitors, of a type acceptable to City,
in the Council Chambers that allow Council members to see what is being taped.
If the City decides these monitors are desirable, Company will provide the
monitor(s) at all Company-videotaped Council meetings.
E. Company will provide a minimum of four staff to operate the above mentioned
equipment including two camera operators, one technical director and one
tape/graphics operator. Company's staff shall be neatly dressed and courteous
at all times and shall present a positive, professional image.
F. Company will deliver to Cox Cable (1175 North Cuyamaca, EI Cajon) a completed
production on 3/4" videotape no later than 3 p.m. the day following the
Council/Agency meeting. Company will deliver to Chula Vista Cable (296 Third
Ave., Chula Vista) a completed production at slow speed on 1/2' VHS videotape
no later than 3 p.m. the day following the Council/Agency meeting. In addition the
company will provide a 1/2' VHS tape to the City by 5 p.m. the day following the
meeting. .
G. The Company also agrees to utilize the character generator for identifying
speakers and items under discussion, and displaying the City logo throughout the
meetings. Company will store at least 150 names and titles which will be updated
at least every six months by City. The Company will use the City-provided
opening followed by the meeting agenda at the beginning of each program.
Approximate times specific items will be cablecast will be added to the agenda on
the 3/4" tape. Credits listed at the end of each televised meeting will include the
City of Chula Vista and may include the Company. Various public service
messages also shall be displayed during the meetings, submitted by the City to
the Company at least two working days prior to the meeting the messages are
scheduled to appear.
H. Company shall provide video/audio output into the Public Services Building during
the meeting to be used by the City for live broadcast of the meetings on City-
operated and maintained equipment.
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I. Content of the completed video program shall meet with approval of the City of
Chula Vista. No editing shall occur without the permission of the City. The entire
content of the program shall be the sole property of the City of Chula Vista. None
of the content of the program may be used for any purpose, commercial or non-
commercial, without the written permission of the City of Chula Vista, except for the
following:
a. Use by an established news organization as part of news coverage of the
meetings;
b. Use by private individuals for limited, non-broadcast viewing;
c. Use by Company for sales demonstrations and other promotions of the
Company.
J. Company will provide a camera operator for up to an additional four hours a
month at no additional charge for any use designated by the City during the term
of this agreement. This may include, but not be limited to, the following: footage
of special events and ceremonies; presentations at trainings; special meetings;
and documentation of existing buildings or conditions in the City. Scheduling of
the camera operator will be subject to Company's availability and may be used for
weekday as well as weekend assignments. If the Company is unable to provide
the operator when requested, the four hours may be carried forward until a time
that is mutually acceptable to the parties. One hour minimum intervals will be
scheduled; travel time to Chula Vista not included. Camera operator will use the
Company's equipment, when available, and may use City's equipment subject to
City's review and approval of Company's insurance covering said equipment.
K. Company will provide up to four hours a month of video consulting services at no
additional charge to City's Public Information office, subject to Company's
availability, during the term of this agreement. If the Company is unable to provide
these services when requested, the four hours may be carried forward until a time
that is mutually acceptable to the parties. One hour minimum intervals will
scheduled; travel time to Chula Vista not included. The consulting service may
include, but not be limited to, the following: training of city staff in proper use of
video equipment including in-camera editing; ways to use video in City
departments; researching use of video by other cities that could be adapted by
City; ways to work with cable companies and television stations to enhance City's
use; advice on equipment purchases; assistance with writing, producing and
directing public service announcements; and technical directing of special
meetings.
L. Company, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall be performed in a manner consistent with
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that level of care and skill ordinarily exercised by members of the profession
currently practicing under similar conditions and in similar locations.
SECTION 2: PAYMENT
A. The City agrees to pay the Company $729 for each televised Council meeting of
four hours or less videotaped by Company. An additional $80 will be paid for
each additional hour or part thereof for meetings lasting longer than four hours.
Length of the meetings shall be determined from the scheduled :ltart time until the
meeting is adjourned.
B. Per meeting and hourly cost shall be adjusted annually, after the first year, in an
amount that equals the percentage increase of the All Urban Consumers Price
Index for the San Diego Region (CPI) for the most recent twelve months, up to a
maximum of 5% %.
C. Failure by the Company to videotape scheduled meetings or deliver a completed
videotape production to Cox Cable or Chula Vista Cable by the specified time shall
result in forfeiture of the City payment and a penalty payment to the City equal to
the meeting payment cost. The parties to this agreement acknowledge and recite
that the amounts specified in this section are a reasonable estimate of damages
suffered by the City considering all of the circumstances, including the relationship
of such sums to the range of harm to the City that could be anticipated and the
anticipation that proof of actual damages would be costly or inconvenient. The
parties to this agreement acknowledge that it would be impracticable or extremely
difficult to fix the actual damage that the City would incur if the Company breaches
this paragraph of this agreement.
D. The per meeting charge ($729) will be payable by the City for meetings scheduled
to be videotaped by Company that are canceled without at least six calendar days
notice of such cancellation to the Company.
E. In addition to performing the defined services herein set forth, City may ask
Company to videotape additional meetings, and upon doing so in writing,
Company shall perform same, subject to Company's availability of staff and
equipment, at the rates set forth in sections 2.A. and B. of this agreement.
F. Ughting, audio feed and modifications to City buildings will be the responsibility
of the City. Company agrees to provide technical advice, as requested.
G. Videotape stock will be provided by the City. City may purchase videotape stock
or direct Company to purchase videotape at bulk rate. City agrees to reimburse
Company for videotape cost including sales tax plus five (5) percent for handling.
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If City requests, Company will establish a system to recycle tape stock including
bulk erasure of tapes and keeping a written record of the number of times a tape
is used and tapes that are erased, at a cost of $2.50 per erasure. The City may
elect to not recycle tapes or to establish another system.
H. Any additional purchases, operating or installation costs associated with the
videotaping and not specifically described in this Contract, will be the sole
responsibility of the Company unless accepted by the City in a separate written
agreement.
I. Billing for each meeting shall be submitted to the City the week following each
meeting or after the first and prior to the tenth of the month for all meetings
televised during the previous month. The terms shall be net twenty (20) days from
invoice date.
SECTION 3: TERM
A. The term of this agreement will be for three (3) years commencing on July 15,
1991. The City has the option to extend the term of this Contract for a two (2)
year increment starting July 15, 1994. All other terms of this Contract shall remain
in full force and effect for any such extension of the Contract. The City's right to
extend this Contract pursuant to the provisions of this section shall be contingent
upon providing a sixty (60) day written notice to Company of the City's intent.
B. If, through any cause, Company shall fail to fulfill in a timely and proper manner
his/her obligations under this Agreement, or if Company shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right
to terminate this Agreement by giving written notice to Company of such
termination and specifying the effective date. In that event, all finished or
unfinished materials prepared by Company shall, at the option of the City, become
the property of the City, and Company shall be entitled to receive just and
equitable compensation for any work satisfactorily completed on such materials
up to the effective date of Notice of Termination, not to exceed the amounts
payable hereunder, and less any damages caused City by Company's breach.
C. Either party may terminate this agreement at any time for its convenience by giving
the other party a written notice of such termination and speCifying the effective
date thereof at least one hundred and twenty (120) calendar days before such
termination, reserving its right to terminate for cause. In that event, all finished and
unfinished materials described hereinabove shall, at the option of the City, become
City's sole and exclusive property. If the Agreement is terminated by City as
provided in this paragraph, Company shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such materials to the
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effective date of such termination. Company hereby expressly waives any and all
claims for damages or compensation arising under this Agreement except as set
forth herein.
SECTION 4: SCHEDULE AND ADMINISTRATION
A. The City shall provide to the Company a schedule of dates and times of all
meetings to be televised by Company during the term of this agreement.
B. Company shall defend, indemnify and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages,
liability, cost and expense (including without limitation attorneys' fees) arising out
of the conduct of the Company, or its agents or employees, subcontractors, or
assignees or licensees in connection with the execution of the work covered by
this Agreement, except for those claims arising from the sole negligence or sole
willful conduct of the City, its officers, or employees, and further except as to the
words, actions, presentations, views or opinions presented by persons appearing
on televised meetings. Company's indemnification shall include any and all costs,
expenses, attorneys' fees and liability incurred by the City, its officers agents, or
employees in defending against such claims, whether the same proceed to
judgment or not. Further, Company at its own expense shall, upon written request
by the City, defend any such suit or action brought against the City, its officers.
agents, or employees arising out of the conduct of the Company, or its agents or
employees, subcontractors, or assignees or licensees in connection with the
execution of the work covered by this Agreement, except those claims arising from
the sole negligence or sole willful conduct of the City, its officers, or employees,
and further except as to the words, actions, presentations, views or opinions
presented by persons appearing on televised meetings. Companys'
indemnification of City shall not be limited by any prior or subsequent declaration
by the Company.
C. Company represents that it and its agents, staff and consultants employed by it
are protected by worker's compensation insurance and the Company has the
coverage under public liability and property damage insurance policies which this
Agreement requires to be demonstrated in the form of a certificate of insurance.
Company will provide, prior to the commencement of the services required under
this agreement the following certificates of insurance to the City prior to beginning
work:
Statutory Worker's Compensation coverage plus $1,000,000 Employers
liability coverage, if worker's compensation coverage required by state.
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General and Automotive Uability coverage to $1,000,000 combined single
limit which names City as an additional insured, and which is primary to any
policy which the City may otherwise carry ("primary coverage"), and which
treats the employees of the City in the same manner as members of the
general public ("cross-liability coverage").
All policies shall be issued by a carrier that has a Best's Rating of "A, Class
V", or better, or shall meet with the approval of the City's Risk Manager.
All policies shall provide that same may not be canceled or materially
changed without at least thirty (30) days written notice to the City.
D. No suit or arbitration shall be brought arising out of this agreement, against the
City unless a claim has first been presented in writing and filed with the City of
Chula Vista and acted upon by the City of Chula Vista in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same
may from time to time be amended, the provisions of which are incorporated by
this reference as if fully set forth herein, and such policies and procedures used
by the City in the implementation of same.
Upon request by City, Company shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
E. In the event of any dispute between the parties, the prevailing party shall be
entitled to recover all reasonable costs incurred in the litigation of the claim,
including costs and attorney's fees.
F. In so far as Company is merely the agent for the City for the videotaping of its
public presentations, Company shall not be responsible for the content of said
publications or any opinions contained therein expressed or implied. The City
shall indemnify Company from any and all harm, damage, cost or liability based
on the content of the subject public presentations.
G. No change, amendment or modification to the Contract shall be effective unless
it is in writing and signed by the parties hereto.
H. The services of Company are personal to the City, and Company shall not assign
any interest in this Agreement, and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of City which
City may unreasonable deny.
I. City is interested only in the results obtained and Company shall perform as an
independent contractor with sole control of the manner and means of performing
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the services required under this Agreement. City maintains the right only to reject
or accept Company's work products. Company and any of the Company agents,
employees or representatives are, for all purposes under this Agreement, an
independent contractor and shall not be deemed to be an employee of City, and
none of them shall be entitled to any benefits to which City employees are entitled
including but not limited to, overtime, retirement benefits, workers compensation
benefits, injury leave or other leave benefits.
J. Company hereby designates that Harold Frazer, Jr. or Ed Hobrecker shall be
Company's technical director to the production during the term of this agreement.
No substitution for this position shall be allowed without written approval from the
City.
K. The City Manager, or his or her designee, shall be the administrator for the
purposes of this Contract. For those conditions requiring the written approval of
the City, the City Manager or his or her designee shall have the authority to
provide such written approval.
COMMUNICATION RELATING TO THIS AGREEMENT SHOULD BE DIRECTED TO:
Jim Thomson, Deputy City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
691-5296
Harold Frazer, Jr.
Ace Video Productions
4475 Mission Blvd., #215
San Diego, CA 92109
483-9698
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SIGNATURE PAGE TO
CONTRACT TO VIDEOTAPE
CHULA VISTA CITY COUNCIL MEETINGS
FOR TELEVISING
IN WITNESS WHEREOF, City and Company have executed this Agreement this
C1~ daYOf~.1991.
City of Chula Vista:
s - -/!~~
Tim Nader
Mayor, City of Chula Vista
Attest:
A:TVCONTRACT
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COUNCIL AGENDA STATEMENT
Item
Meeting Date 8/16/94
17
Report on authorization to begin construction of the Traffic Signal at the
intersection of Gotham Street and Otay Lakes Road
SUBMITTED BY: Director of Public Works~
REVIEWED BY: City Manager &t~<}9
ITEM TITLE:
(4/5ths Vote: Yes_No_XJ
On May 24, 1994 Council adopted Resolution 17482 accepting bids and awarding contract to
Southwest Signal Service for the installation of a traffic signal at the intersection of Gotham Street
and Otay Lakes Road "contingent up City approval of a location of the Transit Center within the
territory of Southwestern College." Councilmember Rindone clarified that it would be constructed
only after the decision of the transfer station site was made. Since the time period that we can go
forward with the signal contract is over August 17, 1994, Council needs to make a decision of whether
that project should go forward at this time.
RECOMMENDATION: That Council: 1) Determine that the Transit Center will not be constructed
in the parking lot north of Elmhurst Street or in grass area between Elmhurst Street and Gotham Street
(original site); and 2) Remove the contingency from Resolution No. 17482 and authorize the contract
for the Traffic Signal at Gotham Street and Otay Lakes Road to commence construction.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The reason that the Resolution was contingent on the Transit Center location was that if the Center
were located at the original location or in the parking lot north of Elmhurst Street the signal would
then be more necessary at Elmhurst Street than at Gotham Street.
The Contractor has informed staff that he would hold the bids until one week after the joint meeting
with the College Board. If the signal is to be installed under the existing contract, the decision should
be made now.
Installation of the traffic signal at Gotham Street was independent of the Transit Center for the
College preferred location. However, the traffic signal is necessary from a general traffic signal
warrant position and it would assist in creating better bus stops along Otay Lakes Road south of
Gotham Street. Students could then have protected crossing of Otay Lakes Road.
Staff recommends that the Council find that Chula Vista will not install a Transit Center in the parking
lot north of Elmhurst Street nor at the original location (grass area between Elmhurst Street and
Gotham Street) and remove the contingency that a final decision needs to be made as to the location
of a transit center at Southwestern College prior to Construction of the traffic signal.
FISCAL IMPACT: The annual maintenance and energy costs for a traffic signal is estimated to be
$2,000. The source of capital funding for this project is Traffic Signal and Transit Funds as approved
in Resolution 17482.
JPL:MlJIOME\ENGINEER\AGENDA\TSGOIHAM.811
17--/
081194
RESOLUTION NO.1 7482
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING BIDS AND AWARDING CONTRACT TO
SOUTHWEST SIGNAL SERVICE FOR THE TRAFFIC SIGNAL
INSTALLATION AT GOTHAM STREET AND OTAY LAKES ROAD
IN THE CITY OF CHULA VISTA AND APPROPRIATING FUNDS
WHEREAS, at 2:00 p.m. on April 20, 1994, in Conference 1 in the Public Services
Building, the Director of Public Works received the following sealed bids for hte installation
of traffic signals at Gotham Street and Otay Lakes Road.
1.
2.
3.
4.
Southwest Signal Service
Lekos Electric, Inc.
MCR Electrical Contractors, Inc.
Select Electric
$79,361
83,620
88,971
98,590
WHEREAS, the low bid by Southwest Signal Service is below the Engineer's estimate
of $86,970 and staff recommends awarding contract to Southwest Signal Service; and,
WHEREAS, in order to award the contract to the apparent low bidder, it is necessary
that Council appropriate $ 18,800 from the unappropriated Traffic Signal Fund billance; and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the work
involved in this project and determined that the project is exempt under Section 15302, Class
3 (new construction or conversion of small structures or the location of limited numbers of
new, small facilities or structures).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby accept said four bids and awards the contract, contingent on City approval of a
location of the Transit Center within the territory of Southwestern College, for the traffic
signal installation at Gotham Street and Otay Lakes Road to Southwest Signal Service, a copy
of which is on file in the office of the City Clerk, in the amount of $79,361.00.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said contract for and on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that the City Council does hereby appropriate $ 1 8,800
from the unappropriated balance of the Traffic Signal Fund to Account 600-6005-TF1 54.
Presented by
APPjd as to f~t by
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B~uCe M. Boogaard
City Attorney (
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fohn P. Lippitt ~
Director of Public Works
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COUNCIL AGENDA STATEMENT
Item /~
Meeting Date 5/10/94
ITEM TITLE:
Resolution 17ft ~ Accepting bids and awarding contract to
Southwest Signal Service for the traffic signal installation at Gotham
Street and Otay Lakes Road in the City of Chula Vista and appropriating
funds
SUBMITTED BY:
Director of Public wor~
City Manager
~
REVIEWED BY:
(4/5ths Vote: YesXNo_)
BACKGROUND:
On April 20, 1994, the Director of Public Works received sealed bids from four (4) electrical
contractors for the installation of traffic signals at Gotham Street and Otay Lakes Road.
The low bid of $79,361 was received from Southwest Signal Service. The low bid is below
the Engineer's estimate of $86,970. Staff has reviewed the low bid and recommends awarding
said contract to Southwest Signal Service in the amount of $79,361.
RECOMMENDATION: That the City Council appropriate $18,800 from the unappropriated
Traffic Signal Fund balance, accept the bids and award the contract to Southwest Signal
Service in the amount of $79,361.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The traffic signal installation at Gotham Street and Otay Lakes Road was approved and funded
in the 1993-94 Capital Improvement Project (CIP). The work to be done includes the
installation of traffic signal standards, loop detectors, controllers, Emergency Vehicle Pre-
emption (EVPE) System and other signal equipment necessary to affect an 8-phase signalized
intersection. Also incorporated in this project is the construction of two (2) new bus shelters
requested and funded by the Chula Vista Transit.
On April 20, 1994, the Director of Public Works received bids from four (4) qualified electrical
contractors as follows:
1.
2.
3.
4.
Southwest Signal Service
Lekos Electric, Inc.
MCR Electrical Contractors, Inc.
Select Electric
$79,361
83,620
88,971
98,590
/ ?-:J
Page 2, Item /.)-
Meeting Date 5/10/94
Chula Vista Transit is proposing to fund the installation of two new shelters, benches and trash
disposal containers to be installed on the east side of Otay Lakes Road south of Gotham Street
as part of the Traffic Signal Construction for a cost of $6,291. Funds are available in Chula
Vista Transit fund.
The low bid of $79,361 submitted by Southwest Signal Service is below the Engineer's
estimate of $89,970. The total construction cost is $100,091, which includes $7,930 for
contingencies plus $12,800 for the separate purchase of the signal controller and cabinet and
independent equipment testing services. 10 addition, there is an additional $25,000 in staff
costs for design, inspection, and contract administration bringing the total project cost to
$125,091. Since $100,000 was budgeted for this project in the FY 93/94 CIP budget and
$6,291 is being made available from transit funds for this project an additional $18,800 needs
to be appropriated from the Traffic Signal Fund.
Staff recommends that a contract be awarded to the low bid, Southwest Signal Service for a
cost of $79,361.
Environmental Status
The City's Environmental Review Coordinator has reviewed the work involved in this project
and determined that the project is exempt under Section 15302, Class 3 (new construction or
conversion of small structures or the location of limited numbers of new, small facilities or
structures) .
FISCAL IMPACT: The annual maintenance and energy costs for a traffic signal is estimated
to be $2,000. The source of capital funding for this project is Traffic Signal and Transit Funds.
No prevailing wage requirements were necessary or a part of the bid documents.
Funds Reauired for Proiect
A.
B
C.
D.
Contract Amount
Contingencies (approx. 10%)
Controller Purchase and Testing
Design, Inspection, and Administration
TOTAL
Funds Available for Construction
A.
B.
C.
Fund 600 - TFI54
CV Transit - Fund 402
Additional appropriation from Fund 600
TOTAL
ZOlFile No.: BR..oS1
WPC M\bomc\engincct.apnda\1174.94
/7-1
$79,361
$ 7,930
$12,800
$25.000
$125,091
$100,000
$ 6,291
$ 18.800
$125,091
THE crrv OF CIIlJU VISTA DISCLOSURE STATEMENT
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_cnTMOTHOLOZ7
/7-5
Minutes
May 24, 1994
Page 4
of $1,892,000 which was a General Fund ohligation over a ten year period. Staff recommends approval of the
resolution. (Interim Finance Director) 4/5th's vote required.
12. RESOLUTION 17482 ACCEPTING BIDS AND AWARDING CONTRACT TO SOUTHWEST
SIGNAL SERVICE FOR THE TRAFFIC SIGNAL INSTALLATION AT GOTHAM STREET AND OTAY
LAKES ROAD IN THE CITY AND APPROPRIATING FUNDS - On 4120194, four sealed bids were received
from electrical contractors for the installation of traffic signals at Gotham Street and Otay Lakes Road. The low
bid of $79,361 was received from Southwest Signal Service and is belo\'! Ihe Engineer's estimate of $86,970. Staff
recommends approval of the resolution. (Directnr of Puhlic Works) 4151h's vote required. Continued from the
meeting or 5110/94. Pulled from the Con,ent Calendar.
Councilmember Rindone stated he wanted to keep all options open. He questioned if the signal would have to be
reworked for any of the proposals currently under study. He wanttW staff to assure him that ratification of the
proposal would not preclude any option for the transit center as no one was sure of what would come out of the joint
meetings with Southwestern College.
lohn Lippitt, Director of Puhlic Works, stated the only plan that the signal location was not recommended was the
original plan where the transit center was to have hten locatetl on the lawn of the College between Elmhurst and
Gotham.
. . . Councilmemher Horton len lhe dais at 10:28 p.m. · · ·
Clifford Swanson, Deputy Puhlic Works DirectorlCity Engineer. stated it would not preclude any of the options
except the original location immediatdy adjacent to th~ strlUt and that would require only minor modifications. All
of the other options would work under the installation. Staff did sent oul 360 notices of the meeting to residents
in the area.
Sid Moms, Assistant City Manager, stated staff sent out th~ notices at his direction based on the significant
community involvem~nt with regard to the overall tran~it center.
RESOLUTION 17482 OFFERED BY COUNCILMEMBER RINDONE, re>lding of the text was waived.
Councilmemher Moore questionoo if th~re was a traffic signal at Elmhurst and if there was any intention of putting
A signal at Elmhurst if the signal was put in on Gotham.
Mr. Lippitt stated there was no signal at Elmhurst. A signal was not contemplaled al Elmhurst unless further studies
were completed.
Mr. Swanson stated slaff did not anlicipale a signal at Elmhurst. it would depend upon future studies that could
come up in conneclion with traffic flow relative 10 the Iransit center. At the current lime, most of the options did
not appear to need the Elmhurst signal.
Councilmember Moore stated he objected if there were major signals less than one-quarter mile apart. He
questioned whether il would be wired so if there was no traffic on Gotham, Otay Lakes would be free.
Mr. Swanson stated that was correct, it would not he 100% recall, as they went into a minimum cycle after a period
of time.
Councilmember Rindone felt Council member Moore hrought up an excellent point. i.e. the question was not so
much the eighteen options. but .what if" the transit center was located off Elmhurst al the lower end by the empty
parking lot. That would then result in a signal being placed on Elmhurst. If Council approved the item and placed
a signal on Golham there would be signals on hoth Gotham and Elmhurst. His intent was that all options remain
open until the two hoards had the opportunity to meet.
/7-t
Minutes
May 24, 1994
Page 5
Mr. Swanson slated the urgency was that staff dill not want th~ construction to be going on while school was in
session. The contraclor bad certain equipmenlthal had to he ordered and if delayed much further il could push the
project into September.
Council member Rindone felt a date could be selecl~ in a timdy manner for the two boards to meet and still be
within the summer break.
MOTION WITHDRAWN: (Rindone)
Councilmember Moore recommended that Council approve Ihe resolulion contingent on whether or not there was
a transfer station in the vicinity of Elmhurst thai would affect the signalizalion. If a decision was made that the
transfer station would not be located in that area, Council action would stand.
MSUC (Moore/Fox) Resolution 17482 oll'ered, contin~enl upon the ColI~e Board and City Council agreement
as to where the bus transfer station would he as it pertained to Elmhurst.
Councilmember Rindone claTiti~ that it would b~ conslrul.:ted only after the decision of the siting of the transfer
station was made.
.*...***
Councilmember Fox staled if Council did not lake aClion on hem 16 he would attend Ihe meeting and proceed wilh
staff recommendation.
MSUC (Nader/Moore) to continue the meelin~ past 10:30 p.m to hear Items #13, Manager's Comments,
Mayor's Comments, Council Commenls, und Closed Session und continue Items 15 und 16 to the meeting of
6/7/94.
*.*.*.*.
13. RESOLUTION 17497 REAPPROPRIATING OF FUNDS, ACCEPTING BIDS AND A WARDING
CONTRACT FOR "ROHR COMMUNITY PARK, PHASE III" (PR-180) IN THE CITY - On 4/27/94, sealed
bids were received for "Rohr Communily Park, Phase 111" in the City (PR-180). The work to be done consists of
playground area improvements. concrete walkways, anJ miscc::llaneous landscaping, Funds for the Rohr Community
Park, Phase III (PR-180) were included in Ihe 1993/94 ClP budget. It is the Ihird phase of the Cily's
comprehensive plan for the improvemenl and upgrading of Rohr Community Park. Slaff recommends approval of
the resolution. (Director of Public Works and Director of Parks and Recreation) 4/5th's vote required. Pulled
from the Consent Calendur.
Mayor Nader questioned if the project consisled of relocation of the parks main playground area and construction
of a new playground area with new play equipment. He further questioned what the new site was for the
playground equipment.
Jess Valenzuela, Director of Parks & Recrealion, responded that it was the enlire Phase 111 of lhe project. The new
play area would be located in the general area when:~ the smitH miniature tnlin station was located. as per the Master
Plan. The train station would remain intact, the play cljuipmcmt would be next to it.
Mayor Nader questioned iftbere would be a barrier between the play equipment and the train stalion and if the Risk
Manager was salisfied with that.
Mr. Valenzuela staled there would be fencing 10 separale the two. Staff did not contacl the Risk Manager as lhey
did not feel there was a risk.
Councilmember Moore questioned whether the Live Steamers had heen shown Ihe plan.
) 7- /
~~
"'~
Southwestern
College
1(fb /1lf
Governing Board
Augle Boreno
G Gordon Browning. DMD
Jerry J. Griffith
Mario Neves.Perman
Judy Schulenberg
JOSeph M. Conte AUGUST 11, 1994
SUperintendent/President
THE HONORABLE TIM NADER, MAYOR
CITY OF CHULA VISTA
276 FOURTH AVENUE
CHULA VISTA, CA 91910
DEAR MAYOR NADER:
ON BEHALF OF THE SOUTHWESTERN COMMUNITY COLLEGE DISTRICT GOVERNING
BOARD, I WANT TO EXPRESS APPRECIATION TO YOU AND THE MEMBERS OF THE
CITY COUNCIL FOR PARTICIPATING IN OUR JOINT MEETING.
THE GOVERNING BOARD HAS REQUESTED I INFORM YOU AND MEMBERS OF THE CITY
COUNCIL THEY HAVE UNANIMOUSLY REAFFIRMED THEIR POSITION TO LOCATE THE
PROPOSED TRANSIT CENTER AT THE NORTH-CENTRAL QUADRANT OF THE CAMPUS,
ADJACENT TO THE PROPOSED COLLEGE LEARNING RESOURCES CENTER. THE
GOVERNING BOARD CONSIDERS THIS TO BE THEIR FINAL DECISION ON THIS
MATTER.
PLEASE DO NOT HESITATE TO CONTACT ME IF YOU HAVE FURTHER QUESTIONS.
~
"'SIN ERELY,
\.
~'-'
C f'v~
SEPH M. CONTE
PERINTENDENT/P~ESIDENT
JMC:AR
CC: MEMBERS OF 'rHE GOVERNING BOARD
MEMBERS OF THE CITY COUNCIL
MR. JOHN GOSS, CITY MANAGER
MR. WILLIAM LIEBERMAN, MTDB
MR. KEN FITE, VICE PRESIDENT,
FISCAL AFFAIRS
MR. JOHN WILSON, DIRECTOR,
BUSINESS & OPERATIONS
900 Otoy Lakes Rood. Chulo Vista. CA 91910. (619) 482-6301 FAX (619) 421-0346. Southwestem Community College District
17- f!
r+e-m -'* 020.6
MEMORANDUM
DATE:
August 1, 1994
FROM:
The Honorable Mayor and City Council
John D. Goss, City Manager g
Candy Boshell, Director of Personnel
ci!r
TO:
VIA:
SUBJECT: FILLING OF THE ASSISTANT TO THE MAYOR AND CITY COUNCIL.
Attached please find a copy of the proposed class specification for the newly created
Assistant to the Mayor and City Council. This specification has been reviewed and
approved by the Council sub-committee (Mayor Nader and Councilwoman Horton) as
the basis for the newly created position.
In addition to approving the class specification, the Council Sub-Committee has
proposed the following process for filling the vacancy. For the remainder of Mayor
Nader's term, the position will be filled by a temporary Assistant to the Mayor and
City Council. Because of the temporary nature, the individual will be paid on a hourly
basis and have no benefits other than the requisite PARS retirement contributions.
Several months prior to the expiration of Mayor Nader's term, Personnel Department
staff will begin recruiting for a permanent Assistant to the Mayor and City Council
following standard recruitment procedures. As a result, an eligible list will be created
and a permanent employee with the full range of benefits will be hired.
The Council sub-committee believes that this process will effectively meet the needs
of both Mayor Nader and Mayor-Elect Horton as well as the other Council members
and will be the most efficient approach to recruitment and selection.
IWP:CBMEMO\CB.210]
dD'" ~ I
City of Chula Vista
Class Specification
7/94
ASSISTANT TO THE MAYOR AND COUNCIL
DEFINITION
Under general supervision of the Mayor, to perform highly responsible and
sensitive administrative duties in the management and supervision of the Mayor and
Council office; to provide support to the Mayor and Councilmembers; to deal with varied
constituent and political issues and to do related work as required.
PRINCIPAL DUTIES
Performs responsible administrative duties in managing the office of the Mayor
and Council; conducts policy research on a wide variety of issues and topics; prepares
short turn-around and lengthy, complex reports for the Mayor and Council; researches
and writes speeches for the Mayor; assists the Mayor and Council in preparing
responses to inquiries from the press and responding to the press personally for the
Mayor and Council; prepares a wide variety of letters in response to constituent
questions, concerns and complaints; may attend a wide variety of local and regional
meetings, both with and for the Mayor and Council; may make presentations and
respond for the Mayor and Council in their absence; maintains effective liaison between
the Mayor and Council Office and the City Managers' Office; may perform special
assignments relating to legislative issues, policy development, community programs or
interagency projects; prepares and administers the budget for the Office of the Mayor
and City Council; may work with a wide variety of community groups, boards,
commissions and City staff; trains and evaluates the performance of subordinates.
DESIRABLE QUALIFICATIONS
Trainina and Experience
Any combination equivalent to graduation from college in Political Science, Public
or Business Administration, or a related field and four years of experience working
with/for elected officials at the local, State or Federal level or comparable experience.
Knowledae. Skills and Abilities
Knowledge of public administration policies, practices and procedures;
knowledge of the City Manager form of government; familiarity with budget; knowledge
of and experience with personal computers and various applications; superior ability to
gather, interpret and analyze data; superior ability in oral and written expression;
personality, attitude and temperament necessary for effective working relations with a
wide variety of individuals in the political process, City staff, staff of other governmental
agencies, and the public; ability to schedule and supervise the work of others; ability
to exercise discretion and good judgement in dealing with confidential issues.
dDh#~