HomeMy WebLinkAbout1994/08/23 Agenda Packet
Tuesday, August 23, 1994
6:00 p.m.
", declere under penelty of perjury thet , em
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted
this Agenda/Notice on the Bulletin Board at
the Public ervices Building and at Ci~all on
DATED, '" "f SIGNEDn<'~ ~ ..
Re~ular Meetin~ of the City of Chula Vista City Council
Council Chambers
Public Services Building
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:
July 26, 1994 (City Council Meeting) and August 10, 1994 (Joint
Meeting of the City Council and the Governing Board of Southwestern
Community College District)
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office:
Child Care Commission - Dr. Judith Pidgeon (ex-officio);
Economic Development Commission - Edward Martija;
Mobilehome Rent Review Commission - Carl Grieve;
Town Centre Project Area Committee - Donna Hawk;
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.
b. Introduction of students from Sister City Odawara, Japan - Mayor Nader will present
certificates to Kazunori Aoki, Hitomi Momokawa, Hinako Uchida, and Akira Toda.
c. Introduction of Lions Club Exchange Students - Mayor Nader will present certificates to
Shizuka Abe, Tashimasa Atachi, Angela Bailey, Deborah Blake, Dustin Cemitz, Anna Fujimoto,
Kaori Fukuoaka, Mayuko Imai, Hiroko Maezuka, Fionna McMartin, Tanny Rinehart, Junichi
Sawada, Alessandro Tamaya, Blanca Tamayo, and Noriko Umeda.
*****
Effective April I, 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 availnble in the City Clerk's Office.
*****
CONSENT CALENDAR
(Items 5 through 1/)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to
the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public will be the first items of business.
Tuesday, August 23, 1994
6:00 p.m.
"1 declere Ilnder penelty of perJury that' am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted
this Agenda/Notice on the Bulletin Board at
the Public ervices Building and at Ci~all on
DATED. ~ "I SIGNED~~ ~ ..
Re!!1llar Meeting of the City of Chula Vista City Council
Council Chambers
Public Services Building
CALL TO ORDER
Councilmembers Fox _, Horton _, Moore _, Rindone _, and
Mayor Nader _'
1.
ROLL CALL:
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3.
APPROVAL OF MINUTES:
July 26, 1994 (City Council Meeting) and August 10, 1994 (Joint
Meeting of the City Council and the Governing Board of Southwestern
Community College District)
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office:
Child Care Commission - Dr. Judith Pidgeon (ex-ofticio);
Economic Development Commission - Edward Martija;
Mobilehome Rent Review Commission - Carl Grieve;
Town Centre Project Area Committee - Donna Hawk;
Youth Commission - Stephen R. Noble; and,
Veterans Advisory Commission - Nick Aguilar, Joe A. Berlanga, Carmen A. Fedje, Agustive A.
Hermes, Jr., I. Joseph Matacia, Robert L. McCauley, and Edmund R. Scharff.
b. Introduction of students from Sister City Odawara, Japan - Mayor Nader will present
certificates to Kazunori Aoki, Hitomi Momokawa, Hinako Uchida, and Akira Toda.
c. Introduction of Lions Club Exchange Students - Mayor Nader will present certificates to
Shizuka Abe, Tashimasa Atachi, Angela Bailey, Deborah Blake, Dustin Cernitz, Anna Fujimoto,
Kaori Fukuoaka, Mayuko Imai, Hiroko Maezuka, Fionna McMartin, Tanny Rinehart, Iunichi
Sawada, Alessandro Tamaya, Blanca Tamayo, and Noriko Umeda.
*****
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 tinal 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 11)
The staff recommenelations regarding the following items listed under the Consent Calenelar will be enacted by
the Council by one motion without discussion unless a Councibnember, 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 Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green fonn to speak in favor of the staff recommenelation; complete the pink fonn to speak in opposition to
the staff recommendation.) Items pulled from the Consent Calenelar will be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public will be the first items of business.
Agenda
-2-
August 23, 1994
5. WRITTEN COMMUNICATIONS:
6.
7.A.
a. Letter of resignation from the Resource Conservation Commission - Adrien Myers, 1890
Ithaca St., Chula Vista, CA 91913. It is recommended that the resignation be accepted with
regret and the City Clerk be directed to post immediately according to the Maddy Act in the
Clerk's Office and the Public Library.
b. Letter of resignation from the Board of Ethics - Janet M. Richter, 14 Prince Charles Dr., Toms
River, NJ 08757. It is recommended that the resignation be accepted with regret and the City
Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the
Public Library.
c. Claims against the City: Claimant Number] - Raquel Real Hernandez, Claimant Number 2 -
Maria Pulido, Claimant Number 3 - Theola Joyce Smith, and Claimant Number 4 - Megan Smith,
c/o Law Office of Leon Pizante, 9454 Wilshire Blvd., Penthouse, Beverly Hills, CA 90212;
Claimant Number 5 - Hilda Jordan, c/o Filicia & Pasternack, 7676 Hazard Center Dr., Ste. 800,
San Diego, CA 92108. It is recommended by the City Attorney and Risk Management that the
claims be denied.
d. Letter requesting an opportunity to address Council on issues affecting neighborhood (i.e.
Rancho del Rey SPA III improvements alollJ: Paseo Ranchero) - Claudia J. Diamond,
President, CC&R Property Investments, Inc., Diamond Consulting Group, 539 Telegraph Canyon
Rd., Ste. 145, Chula Vista, CA 91910. It is recommended that the letter be accepted and any oral
comments be taken via "Items pulled from the Consent Calendar", and that staff be directed to
address Ms. Diamond's issues in their report to Council on this matter.
ORDINANCE 2599
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 (second readin!! and adoDtion) -
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 rebuilding of the
same number of units could not be guaranteed if the project has more than 60%
destroyed per the City's nonconforming use restrictions. Staff believes it 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 second reading and adoption. (Director of Planning)
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 AND REPORTING PROGRAM THERETO
(second readin!! and adoDtion) - The EastLake Development Company has
requested amendments to the EastLake II General Development Plan, EastLake
Greens Sectional Planning Area (SPA), EastLake II (EastLake I Expansion)
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: (I) Incorporate
Agenda
-3-
August 23, 1994
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 refinements based on site plan approvals and market considerations.
Staff recommends Council place the ordinances on second reading and adoption.
(Director of Planning)
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 (second
readin!! and adoDtion)
8. RESOLUTION 17623 ACCEPTING THE FEASIBILITY STUDY REGARDING A SHARED
BIOTECHNICAL PILOT MANUFACTURING FACILITY;
AUTHORIZING PAYMENT TO NIELSEN CAPITAL GROUP, INC"
AND AUTHORIZING THE MAYOR AND MAYOR-ELECT TO SIGN A
LETTER OF SUPPORT FOR BIOSHARE - On 2/4/94, Council approved an
agreement with Nielsen Capital Group, Inc. for the preparation of a feasibility
study regarding a contract biotech pilot manufacturing facility within the new
High TechlBiotech Zone at the EastLake Business Center. The study was
intended to analyze the High Tech/Biotech Task Force's recommendation that
the City act as a catalyst to the development of this type of operation/facility in
order to "seed" the Zone for tenant companies as well as "spin-off" full
manufacturing plants. The Study was approved in the amount of $18,500, with
fifty percent to be paid up front by EastLake and the other fifty percent to be
paid upon acceptance by the City. Staff recommends approval of the resolution.
(Director of Community Development)
9. RESOLUTION 17624 ACCEPTING CALIFORNIA STATE LIBRARY SERVICES ACT
FAMILIES FOR LITERACY GRANT FUNDS AWARDED TO THE
CHULA VISTA LITERACY TEAM, APPROPRIATING FUNDS, AND
AMENDING THE FISCAL YEAR 1994/95 BUDGET TO INCLUDE ,79
FULL TIME EQUIVALENT POSITIONS - The Chula Vista Literacy Team
has been awarded a $23,000 California Library Services Act Families For
Literacv grant from the California State Library to develop and offer special
family literacy services to adult learners and their young children. These funds
cannot be used to supplant the current tutor reading program. Staff recommends
approval of the resolution. (Library Director) 4l5th's vote required.
10. RESOLUTION 17625 APPROVING SOUTH CHULA VISTA LIBRARY CHANGE ORDER
NUMBER EIGHT WITH DOUGLAS E. BARNHART, INC., FOR
FRAMING, LIGHTING, MECHANICAL/ELECTRICAL AND OTHER
MISCELLANEOUS CHANGES - Change Order Number Eight is composed
of various components, including: (1) Framing changes to accommodate theft
detection system and duct work, doorway modifications and roof crickets; (2)
Mechanical/electrical changes; (3) Deletion of light fixtures in Story Room and
addition of light fixtures in Browsing; and (4) Other miscellaneous changes,
including consolidation of pool equipment. Change Order Number Eight totals
$10,556, sixty-five percent of which will be reimbursed by the State grant.
Staff recommends approval of the resolution. (Library Director and Director
of Public Works)
Agenda
-4-
August 23, 1994
11. RESOLUTION 17626 AUTHORIZING THE CITY ENGINEER TO EXERCISE THE CITY'S
RIGHT TO TAKE OVER AND UTILIZE A PORTION OF RANCHO DEL
REY PARKWAY AND DEL REY BOULEVARD - McMillan Company, in
the process of developing the Rancho del Rey subdivision has built portions of
Rancho del Rey Parkway and Del Rey Boulevard that serve individual
subdivision units within the overall development that are "backbone" streets and
essential to setve those individual tracts. Because the subject streets were
constructed and bonded as part of the individual tracts they ordinarily will not
be accepted by the City until the work on the entire subdivision is complete.
The future residents of the subdivisions will be using the streets which have not
been accepted into the public system for maintenance and McMillan has a
concern over the liability. The "Standard Specifications for Public Works
Construction" (Green Book) provides a method for the City to take over the use
of the streets before their final acceptance. 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 recommentlation; complete
the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual.
12.
PUBLIC HEARING
TO DETERMINE CITY MANAGER'S REASONS FOR TERMINATION
OF LYMAN CHRISTOPHER PURSUANT TO SECTION 500(b) OF THE
CITY CHARTER - Lyman Christopher previously requested and has received
a written statement of reasons for his dismissal as Director of Finance under
Section 500(b) of the Charter. The Charter provides for a hearing regarding the
statement of reasons for dismissal of an unclassified employee, if such an
employee has requested a written statement of the reasons for dismissal. Staff
recommends approval of the resolution. (Administration)
RESOLUTION 17627 ACCEPTING THE CITY MANAGER'S STATEMENT OF REASONS FOR
TERMINATION OF LYMAN CHRISTOPHER
13.A. PUBLIC HEARING
CONSIDERING ADOPTION OF THE NONDISPOSAL FACILITY
ELEMENT (NDFE) AS REQUIRED BY AB 440 - California Public
Resources Code, Sections 41730 et seq, requires every California city and
county to prepare and adopt a NDFE for all new nondisposal facilities, and any
expansions of existing nondisposal facilities, which wilJ be needed to implement
local Source Reduction and Recycling Elements. A nondisposal facility is
defined as any solid waste facility required to obtain a state solid waste facility
pertuit, except a disposal facility or a transformation facility. Examples are
transfer stations, mixed waste materials recovery facilities and composting
facilities. Assembly Bill 440 established an NDFE reporting schedule based on
remaining permitted disposal capacity. The County of San Diego has less than
15 years disposal capacity and local jurisdictions are required to submit NDFE's
directly to the State by 8/31/94. Staff recommends approval of the resolution.
(Administration)
RESOLUTION 17628 ADOPTING THE NDFE AND AUTHORIZING THE CITY MANAGER
TO SUBMIT THE DOCUMENT TO THE CALIFORNIA INTEGRATED
WASTE MANAGEMENT BOARD (ClWMB) AND THE COUNTY OF
SAN DIEGO FOR INCLUSION IN THE COUNTYWIDE INTEGRATED
WASTE MANAGEMENT PLAN
Agenda
B.
REPORT
14.
PUBLIC HEARING
-5-
August 23, 1994
STATUS REPORT TO THE CALIFORNIA INTEGRATED WASTE
MANAGEMENT BOARD (CIWMB) REGARDING SOLID WASTE
DIVERSION PROGRESS AS REQUIRED BY AB 440 - The California
Integrated Waste Management Act of 1989 (AB 939) required that all cities and
counties prepare formal plans aimed at waste stream diversion goals of 25 % by
1995 and 50% by the year 2000. Specifically, cities were required to adopt two
"elements": one addressing source reduction, recycling, and composting
programs; and the other addressing the elimination of illegal disposal of
household hazardous waste. Council adopted those elements on 12/15/92.
Failure to comply with the preparation of a plan and achievement of the waste
stream reduction goals may leave a jurisdiction subject to State-imposed fines
of up to $10,000 per day. AB 440 amended AB 939 to require each local
jurisdiction to file a status report with the CIWMB. The purpose of the AB 449
status report is to summarize and report the City's efforts in establishing waste
diversion programs, its progress towards meeting the 25 % diversion goal by
1995 and any additional program plans for the immediate future. AB 440
further provides that the information provided by the jurisdictions will not be
used for enforcement purposes. The report is due to the State on or before
8/31/94. Staff recommends Council accept the report. This reDort does not
reuuire a Duhlic hearin~. but is a related item. (Administration)
PCC-94-48: REQUEST FOR A CONDITIONAL USE PERMIT TO
ESTABLISH A PRIVATE SCHOOL FOR AN INTERIM PERIOD OF
FIVE YEARS AT 625 OTAYLAKES ROAD - The applicant, Bonita Country
Day School, is requesting permission to establish for an interim tive year period
a private school serving up to 140 pre-kindergarten through sixth graders in nine
modular buildings on the northerly undeveloped portion of the Risen Savior
Lutheran Church property at 625 Otay Lakes Road within the Bonita Long
Canyon Planned Community. Staff recommends approval of the resolution.
(Director of Planning)
RESOLUTION 17629 GRANTING CONDITIONAL USE PERMIT PCC-94-48 TO ESTABLISH
FOR AN INTERIM PERIOD OF FIVE YEARS A PRIVATE SCHOOL AT
625 OTAY LAKES ROAD AND AUTHORIZING EXECUTION OF
AGREEMENT TO REMOVE SAME AT END OF CUP PERIOD
15.
PUBLIC HEARING
ACQUISITION OF CERTAIN RIGHT-OF-WAY FOR OTAY VALLEY
ROAD - In order to construct the Otay Valley Road widening project, the City
needs to obtain a portion of the property owned by SNMB. L.P (a Delaware
Limited Partnership). The property is located at the easterly end of the project
and consists of about 1.0907 acres. The right-of-way acquisition consultants,
Ryals & Associates. have exhausted their efforts to obtain the dedication on a
friendly basis. Due to time constraints, staff cannot wait any longer and must
begin eminent domain proceedings. Staff recommends that the Duhlie hearin~
be continued to 9/6/94. (Director of Public Works)
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 Fonn" available
in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name
and address for record purposes and follow up action. Your time is limited to three minutes per speaker.
Agenda
-6-
August 23, 1994
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees,
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations 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 available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be
given by staff.
16.
REPORT
17.
REPORT
UPDATE ON CLEAN WATER PROGRAM ISSUES - An oral report will
be given by staff.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
Public comments are limited to five minutes per individual.
OTHER BUSINESS
18. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings.
19. MAYOR'S REPORTlS)
a. Ratification of appointment to the Youth Commission - Bracken Ellis.
20. COUNCIL COMMENTS
Councilmember Rindone
a. Chula Vista Trolley Stations: Attendant Donation Center (presentation by Judy Leitner, MTDB).
Agenda
-7-
August 23, 1994
Councilmemher Moore
b. Discussion and possible action regarding B/C/C members absenteeism excused/unexcused
(reference page 12 of B/C/C handbook). Members with attendance of 75 % and members with
unexcused absences of over 25 %.
c. Consideration of in-house/staff training vs. conferences.
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 pennitted by law to be the subject of a closed
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 tenninated 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.
21. CONFERENCE WITH LEGAL COUNSEL - Existing litigation pursuant to Government Code
Section 54956,9
. Christopher vs. the City of Chula Vista
22. 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: Chula Vista Employees Association (CVEA), Western Council
of Engineers (WCE), Police Officers Association (POA), and International Association
nf Fire Fighters (lAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
23. CONFERENCE WITH LEGAL COUNSEL - Anticipated litigation pursuant to Government Code
Section 54956,9
. Significant exposure tn litigation pursuant to subdivision (b) of Section 54956.9 relating
to the Solid Waste Authority contract rate and metro sewer service rights: 2
PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section
54957
. Title: City Attorney
Agenda
-8-
August 23, 1994
24. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8
. Property: School District property next to Community Hospital Medical Center.
Negotiating parties: John Goss.
Under negotiation: Potential acquisition of site for Veterans Home.
25. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on September 6,
1994 at 4:00 p.m. in the City Council Chambers.
A Special Joint Meeting of the City Council/Redevelopment Agency will be held immediately following the City
Council Meeting.
August 18, 1994
SUBJECT:
The Honorable Mayor and City coun~t:
John D. Goss, City Manage~~~\
City Council Meeting of August 23, 1994
TO:
FROM:
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, August 23, 1994. Comments regarding the Written
Communications are as follows:
Sa/b. IT IS RECOMMENDED THAT ADRIEN MYERS' RESIGNATION FROM THE RESOURCE
CONSERVATION COMMISSION AND JANET RICHTER'S RESIGNATION FROM THE BOARD OF
ETHICS BE ACCEPTED WITH REGRET AND THE CITY CLERK BE DIRECTED TO POST
IMMEDIATEL Y ACCORDING TO THE MADDY ACT IN THE CLERK I S OFFICE AND THE
PUBLIC LIBRARY.
Sc. IT IS RECOMMENDED THAT THE CLAIMS AGAINST THE CITY FILED BY RAQUEL REAL
HERNANDEZ, MARIA PULIDO, THEOLA JOYCE SMITH, MEGAN SMITH AND HILDA JORDAN
BE DENIED.
Sd. This is a letter from Claudia Diamond, C.C.& R. Property Investments,
requesting an opportunity to address the City Council on issues affecting
her neighborhood (i.e., Rancho del Rey SPA III improvements along Paseo
Ranchero). Specifically, Ms. Diamond wishes to express concerns about
potential environmental impacts of a proposed recreational trail, noise
and road connections. The overall development is subject to a final map,
expected to come before the City Council in September. Since the EIR and
grading plans have been approved, grading could begin upon administrative
approval of a grading permit (although it is not anticipated to be9in
until October). IT IS RECOMMENDED THAT THE LETTER BE ACCEPTED AND ANY
ORAL COMMENTS BE TAKEN VIA "ITEMS PULLED FROM THE CONSENT CALENDAR", AND
THAT STAFF BE DIRECTED TO ADDRESS MS. DIAMOND'S ISSUES IN THEIR REPORT TO
THE CITY COUNCIL ON THIS MATTER.
JDG:mab
August 1, 1994
..ECEIVED
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Honorable Tim Nader, Mayor
Chula Vista City Council
276 Fourth Avenue
Chula Vista ,CA 91910
.. U 11 A10:51
MemberlTY OF CHULA VISTA
an CLERK'S OFFICE
I'
Dear Mayor Nader and Council Members:
Thank you for the opportunity to serve on the Resource
Conservation Commission since November 1992. Even though my
appointed term expires June 30, 1995, I will not be able to serve
until that date.
In a few weeks,
evening classes.
I will return to full time teaching. I also take
I simply do not have the time.
In addition to not having time, I do not feel comfortable on the
Resource Conservation Commission; I see my role and the function
of the commission very differently from the majority of the RCC
members. It is in the best interest of all concerned that I
resign.
The members of Resource Conservation Commission and of the Chula
Vista City Council would do well to consider the following:
"Only after the last tree has been cut down. Only after the
last river has been poisoned. Only after the last fish has
been caught. Only then will you find that money cannot be
eaten." --Cree Indian Prophecy
Very sincerely,
{~~~
Adrien Myers
1890 Ithaca Street
Chula Vista, CA j"
cc: Cindy Burrascano, Chair
Resource Conservation Commission
cc
'7~~ ~~/{JW'RITTEN COMMUNICAT'Q~
, /' / /t:rz 2J d,S/ 7}/
~ ~~~ ~,/
-
Janet M. Richter
ATTORNEY AT LAW RECEIVED
Clamber of Commerce Buildina
231 Foul1h Avenue
Oaula VilLi, California 91910
"N U 12 AlO ':2.7
Phone (619)426-5241
Fax (619) 426-6666
.TY.OF CHUlA VIST. A.
.., CLERK'S OFFICI
i
August 4, 1994
City of Chula Vista
City Attorney's Office
276 Fourth Avenue
Chula Vista, CA 91910
Attention: Lorraine Kraker
Dear Lorraine:
This letter will serve to notify the Board of Ethics that
I have resigned from my position as Vice Chair on this
commission effective July 6, 1994.
Were I not moving from the City of Chula Vista I would gladly
continue to serve in this capacity. Please convey my good wishes
to my fellow board members and the best of luck in all their work.
Thank you for all your help and patience and I will surely
visit when next in town.
"'"00'0;' (J
Ja"et~Lte'
J/
14 Prince Charles Drive
Toms River, N.J. 08757
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56'1
COUNCIL AGENDA STATEMENT
Item
5'c-
Meeting Date 8/23/94
ITEM TITLE:
Claims Against the city
SUBMITTED BY:
Director of Per onnel~
(4/5ths Vote: Yes___ No~)
REVIEWED BY:
city Manage
Ms. Raquel Real Hernandez
Ms. Maria Pulido
Ms. Theola Joyce Smith
Ms. Megan Smith, a Minor
c/o Law Offices of Leon Pizante
9454 wilshire Blvd. Penthouse
Beverly Hills, CA 90212
Four claims were filed against the City on July 12, 1994 on behalf of
the above claimants, Ms. Raquel Real Hernandez, Ms. Maria pulido, Ms.
Theola Joyce smith and Ms. Megan Smith, a minor. The claimants seek damages
of $100,000.00 each for personal injuries allegedly received when a Chula
vista Transit bus was struck by a vehicle running a red light on June 24,
1994 at the Palomar Street Trolley Lot.
Claimant No.1:
Claimant No.2:
Claimant No.3:
Claimant No.4:
City bus service was provided contractually by San Diego Transit at
the time of this incident. The agreement between San Diego Transit and the
City contained a hold harmless clause and provides for indemnification.
Because the City has neither jurisdiction nor control over transit com-
plaints, it is the recommendation of the City Attorney and Risk Management
staff that these four claims be denied.
Claimant No.5: Ms. Hilda Jordan
c/o Filicia & Pasternack
7676 Hazard Center Drive, suite 800
San Diego, CA 92108
On August 4, 1994, an Application for Leave to Present Late Claim was
filed against the city of Chula vista. The attached claim for $25,000.00
alleged Ms. Hilda Jordan was injured when she slipped in a puddle of water
at Loma Verde Community Pool on August 5, 1993. The claim states the city is
responsible for the incident due to failure to operate, maintain and manage
the subject premises.
Ms. Jordan's Application for Leave to Present Late Claim states the
reason for her failure to file a claim within the statutory six month time
period was "excusable neglect on the part of the claimant". An attached
Declaration indicates Ms. Jordan was "unaware of any claim requirement other
than the one year statute of limitations". The same day the claim was filed,
attorneys for Ms. Jordan filed a lawsuit in Municipal Court which was served
on the City on August 10, 1994.
Form A-113 (Rev. 11/79)
5G-/
Item
Meeting Date
5c-
8/23/94
Because of the excessive delay in submitting this claim, and
of questionable liability, it is recommended by the city Attorney
Management staff that the Application for Leave to Present Late
denied.
because
and Risk
Claim be
RECOMMENDATION:
1. Deny claims 1 through 4.
2. Deny Application for Leave to Present
Late Claim filed by Ms. Hilda Jordan.
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REDllUIOND CONSULTING GRO
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A DIVlSION OF CC& R PROPERTY INVESTMENTS, INC.
lit .. 18 5A1U..,JraPh Canyon Rd. Ste. # 145 Chula Vista, CA. 91910
, Office: (619) 421-4121 FlU: (619)-421-5628
my OF CHULA VISTA
., ClERK'S OFFICE
\'
TO: Mayor Tim Nader and the City Council
276 Fourth Ave.
Chula Vista, CA 91910
August 15, 1994
Dear Mr. Nader and City Council Members,
I would like to request an opportunity to address the Council at the meeting of August 23rd regard-
ing issues which affect my neighborhood. The presentation will be limited to 10 minutes maxi-
mum.
Thanking you in advance.
Sincerely,
/i Ii' il/ j,' .: 1< I'" ' fIt
v..Jia~ ul, , /IcCd ),i_ti~d.. 1(' /.0' ,'.'l '"
Cl iaJ. Diamond RN, BA, MPH
President, CC&R Property Investments, Inc.
P.S. My heartfelt thanks to the wonderful firefighters who, on this very day, contained the fire
which began just east of Paseo Ranchero and spread very quickly due to the winds. Their rapid
response prevented what could have been a real tragedy on both sides of the road
)
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WRlnEN COMMUN1CAl10,~~S
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DIAMOND CONSULTING GROUP
A DIVISION OF CC& R PROPERTY INVESTMENTS, INC.
539 Telegl1lph Canyon Rd. Ste. # 145 Chula Vista, CA. 91910
Office; (619) 421-4121 Fax; (619)-421-5628
TO: Mayor Tim Nader and the City Council
276 Fourth Ave.
Chula Vista, CA 91910
August 15, 1994
Dear Mr. Nader and City Council Members,
With regards to my attached request, the following are my areas of concern:
* During construction, what provisions have been made to keep the homes in my development
free from noise, dirt and construction traffic?
* What environmental impact studies, if any, have been done?
* Is a sidewalk or recreational trail planned for the area?
* A minimum speed of 45 MPH through a residential area seems to be a bit excessive,
I look forward to meeting with you next week.
Sincerely,
ClUid~~.< "~T1--txd~7)f)(Y7 mPII
clauk{ Diamond RN, BA, MPH
President, CC&R Property Investments, Inc.
5"01, ;J...
Concerns
of the
Villa Palmera
Home Owners Association
Presentation by:
Claudia J. Diamond RN, SA, MPH
August 23, 1994
5't/ -"?J
DIAMOND CONSULTING GROUP
A DIVISION OF CC& R PROPERTY INVESTMENTS, INC.
539 Telegraph Canyon Rd. Ste. # 145 Chula Vista, CA. 91910
Office: (619) 421-4121 Fax: (619)-421-5628
TO: Mayor Tim Nader and the City Council
276 Fourth Ave.
Chula Vista, CA 91910
August 23, 1994
Dear Mr. Mayor and City Council,
The major concerns of my presentation are as follows:
. Lack of notification of the public hearing approving the Tentative Map
for Rancho del Rey SPA III
. Plans for a recreational/horse trail on the west side of Paseo Ranchero
. Redesignation of Paseo Ranchero to a 'Class I Collector Street'
. EIRs; what, where and when?
. Construction timetable, provIsions made by McMillan (and the City of
Chula Vista) to ensure health and safety of the residents of Villa Palmera
(Mission Verde)
1. Resolution 16222 (Attachment A) approving the Tentative Map for
Rancho del Rey SPA III is NOT correct in stating that the notice for a
public hearing was mailed to property owners within 300' of the
development. We did not receive this notice and therefore were not given
the opportunity to receive and comment on the proposed development. As
much as we enjoy being an oasis in the middle of nowhere (Attachment B),
let the record state that we are not opposed to the houses. Our concern, in
part, is so stated in #2 below.
2. Resolution 16222 (Attachment C) tentative condition #12 is quite
nebulous.
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,
A. Is the intention to construct a wide commercial type sidewalk for
pedestrians or to construct a natural pathway for horses? Who is the
interpretation left up to; the City or McMillan?
B. Condition # 12 indicates that this wide sidewalk or recreational
trail is a connecting link between 2 major trail systems (Rice Canyon and
Telegraph Canyon). Are these systems designated by the City as
equestrian, bike, hiking or a combination of all 3?
C. Can Paseo Ranchero be a major connecting link by simply
constructing a commercial width sidewalk?
D. According to the City's 'Class I Collector Streets' definitions
(Attachment D), 8 (eight) foot wide sidewalks are constructed on 4 (four)
lane and 6 (six) lane major streets in commercial areas, not in residential
areas.
E. Is the real plan to construct a temporary concrete trail and replace
it with a soft surface such as decomposed granite (DG)? What protection
do we have from that occuring on Paseo Ranchero, which is the missing
link? A DG trail is proposed on Paseo Ranchero both north and south of
Villa Palmera, but in the area along Paseo Ranchero that passes alongside
Villa Palmera, the DG trail is suspiciously absent. (Attachment E).
F. Condition 30 refers to the sign program identifying the trail network
in the open space areas and connecting along Paseo Ranchero and Condition
31 refers to the equestrian type fencing, both are found in the same
Resolution #16222 (Attachment F).
G. Isn't the City currently studying a plan to upgrade and expand the use
of its trail systems? That is, connecting the Bonita area with the
Olympic Training Center?
H. Is there a City Ordinance or any law prohibiting horses from using
concrete sidewalks that have been designated as recreational pathways?
Will horses be allowed to travel on or adjacent to Paseo Ranchero, say in
the proposed bike lane?
I. Does the City have any health codes with regards to horses; i.e. prox-
imity to nonpublic residences and excrement (and the disposal thereof).
J. 1) Most of the City trails, including recreational pathways, are
constructed in city open space lots and maintained through open space
maintenance districts. Why can't this major "trail system link" be
constructed in the city open space lot proposed along the easterly side of
Paseo Ranchero? (Attachment G). Would this interfere with the "buffer
area" for the new McMillan Homes proposed easterly of Paseo Ranchero?
(If this "trail link" is to be within city open space, it should be included
now so that maintenance costs are estimated now and disclosed when new
5 cl- s-
units are first sold. It will be almost impossible to increase
maintenance assessments after the first year). Tentative
#12 (of Resolution 16222) refers to the Public Facilities
Attachment H, clearly states that all of the trail system
maintained through the Open Space Maintenance District.
if the trail is NOT in open space?
J. 2) With the above in mind, there is clearly no "open space" or
"buffer area" on the west side of Paseo Ranchero. (Attachment I). The
homeowners of Villa Palmera were never notified of this as a plan or
possibilty, nor were they informed of any associated maintenance costs or
the possibilty thereof. (Attachment J).
Map Condition
Financing Plan.
will be
Is this possible
3. When constructed, the original intent of Paseo Ranchero was as a
connector between East "H" St. (to the north) and Telegraph Canyon Rd. (to
the south). East "J" St. was to be the major road carrying the burden of
traffic. The homes built along East "J" St. were indeed built further back
from the road. The houses along Paseo Ranchero are closer to the street.
A. The original plan (traffic circulation) was for a minimum design
speed of 40 MPH on Paseo Ranchero. (Attachment K). The design speed has
been upgraded to a minimum of 45 MPH with the new street design
standards. (Refer to aforementioned Attachment D). With a minimum of
45 MPH, there is no doubt that speeds in excess of 55 MPH will regularly
be attained through the neighborhood. These are acceptable speeds on the
highways, NOT through communities where children walk and houses are
near the roads. What about a guard rail or other barrier, such as a wall, to
protect ex i st i n q down slope residents along Paseo Ranchero from out of
control vehicles, hoodlums or horses using the "recreational trail"?
8. Circulo Verde, the PRIVATE road which runs through the existing
Villa Palmera Development has a speed limit of 5 MPH. (Attachment L).
What plans have been proposed to protect the residents from public
access? Certainly it has been anticipated by the City, that a turn onto
Circulo Verde from Paseo Ranchero at a minimal speed of 45 MPH would
have tragic, if not deadly results.
C. How can a minimal speed of 45 MPH be approved when two schools
will be in the area? An elementary school located at East "J" and Paseo
Ranchero and just east of this intersection, located on East "J" St., a sec-
ondary school. McMillan's proposed project includes in excess of 1300
new residences. In addition to the existing homes in the entire area, how
can the City responsibly allow children to walk along streets where cars
will be driving at highway speeds? What is the speed designation in the
sJ-h
vicinity of the schools? Can one presume 25 MPH? If so, how can a
vehicle, reasonably be expected to slow down to 25 MPH or stop, if the
minimum is 45 MPH? In a court of law, these are clearly conditions which
could reasonably be anticipated and for which, it would seem, the City
would be held liable.
D. With the redesignation of the street to 'Class 1 Collector',
changes to the road are deemed necessary to accommodate the increased
flow and speed of traffic. 300 (three hundred) feet of East "J" (from
Paseo Ranchero west) has to be redug and dropped 1 1/2 (one and one half)
feet. To accommodate the new street design and trail, private landscap-
ing, established trees, irrigation systems, stairs, curbs, pedestrian
ramps, etc. are to be removed. (Attachment M #16 highlighted, for
example). The existing public and private improvements were approved by
the city and constructed over 5 (five) years ago. Once again I refer you to
(Attachment C), Condition 14. c. which refers to the Mission Verde
subdivision and indicates that "existing conditions shall remain". If
the street were not redesignated a 'Class 1 Collector' to accommodate
higher speeds these street improvements would not be necessary. With
14. c. above, it seems that changes cannot be made which would indeed
affect Villa Palmera.
4. What, if any EIRs, have been done for the area surrounding the Mission
Verde project? Any EIRs done prior to the change in street status, will be
of no value.
A. In addition to the proposed city open space buffer for the McMillan
homes, Condition 23 (a) of Resolution 16222 (Attachment N) shows need
for additional buffer from traffic noise on Paseo Ranchero (directly
across from Villa Palmera), due to the upgrade to a higher design speed.
There was NOT any such concern or reference for a buffer (such as a noise
wall) for the existing residences of Villa Palmera, despite the fact that
the existing residences will be exposed to the sam e traffic! Has the need
for a traffic sound barrier been DroDerlv investigated?
B. It is reasonable to compare Villa Palmera to Park Bonita (Resolu-
tion 15388) which is located on "E" St. at Bonita Rd. :
"E" St. is designated a 'Class 1 Collector Street' (at Park Bonita),
the same as Paseo Ranchero. The Tentative Map Conditions for Park Bonita
required a sound barrier. Condition 2 of Resolution 15388, required a 6
(six) foot high solid masonry wall with pilasters and Condition 7, of the
same Resolution, required the noise barrier wall to reduce the noise level
to 45 dB-A. (Attachment 0). Prior to occupancy, the interior noise was to
Sd- 7
be rechecked to assure that the level be 45dB-A or less. Why has this not
been required and considered for the existing residences of Villa Palmera?
5. With regards to the upcoming construction, what provisions have been
made for the residents of Villa Palmera?
A. To date, I have been informed by McMillan that the pump station
will be removed; however no time frame has been provided. Per the Villa
Palmera Disclosure (Attachment J), the area which the pump station now
occupies will be turned over to the Homeowners by the City. How does
this process occur and with whom?
B. How does McMillan plan to maintain the habitability of the resi-
dents of Villa Palmera during the entire construction period and after-
wards? There is nothing in Resolution 16222 which addresses the health
and safety of the existing residents of Villa Palm era. Our concerns
include, but are not limited to: 1) noise, 2) construction traffic, 3) dirt.
C. The private road within the development was resurfaced in July.
How does McMillan intend to keep construction traffic out of the road?
D. Is he planning on storing construction trucks and trailers on Paseo
Ranchero or East "J" St., that is on the streets directly surrounding Villa
Palmera?
E. How is McMillan going to keep construction dust and dirt out of the
Villa Palmera neighborhood? Construction is going to affect the commun-
ity on every side. (Attachment Pl. A clause needs to be included re: wind
in excess of a specific MPH; that dirt moving should cease. Who will
regulate this?
F. How will McMillan ensure reasonable decibel levels for the
residents of Villa Palmera during construction? How will this be
monitored and by whom?
I appreciate your time, attention and concern regarding these issues. If
any or all of you would like to see the community on whose behalf I am
here representing, please don't hesitate to contact me. I look forward to
a rapid and satisfactory resolution of the issues at hand.
~~~'~i3fIJhf1f-
Claudi . Diamond RN, BA, MPH
President, Vii Palmera Home Owners Association
President, CC&R Property Investments, Inc.
-501- Z'
ATTACHMENTS
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ItESOLtrrION NO. ''''J,.~')..
~OLUTION OF ~ CITY COUNCIL 01 THE CITY OF CHOLA
VXSTA APPROVING THE '1'ENTATlVE SUBDIVISION HAP FOR '
UNCHO DEL JlEY SECTIONAL PLANNING J\RU. (SP,A) , III, CHOLA
VXSTA 'l'RAC'l' '0-02
.
. .ft~~, a duly v.rlfl.d application for a t.ntativ.
.ubdlvlaion aap va. fil.d vith the Plannin9 D.partment of the
city of Cbula V!ata on November I, un by Rancho del Rey
Partnarahip, and
~, aaid application r.quest.d the .ubdivision of
approxiaat.ly 40S acres into r.sidential lot., open .pace areas,
a achool lot, park and community purpose facility lot, and
~, the Plannin9 Commis.ion b.ld an adv.rtised public
b.arln; on aaid proj.ct on May 8, 1991, and continued to May 22,
un, and
1IBEREAS, the City council .et the time and plac. for a
b.arln; on aald t.ntatlv.aubdivision .ap application and notice
of aaid b.arin;, tQgether with its purpose, was ;iv.n by it.
PUblication in a n.wspaper of veneral circulation in the city and
its .ailin9 to property owner. within 300 f.e~ of,the .xterior
boundari.. of the property at least t.n days PFlor to the
b.arin;, and ,',
WHEREAS, the b.arln9 wa. beld at the time and place a.
adv.rti.ed, namely 1:00 p.m., June 18, 1991, in the Council
Chamber., 276 Fourth Av.nue, before the city council and .aid
b.aring va. th.r.after clo.ed, and
~, the City council r.certifi.d EIR-89-10, with
Statement of OVerridin9 consideration., and a..ociat.d Miti9ation
Xonitorin; ProqrlLJD for Rancho del R.y SPA III.
!lOW ~RJ:, BE 1'1' RESOLVED '1'BAT '!'HE CITY' COUNCIL find. as
follows: "
Pur.uant ~ S.ction 66413.5 of the Subdivision Map Act, the
~antativ. aubdivlalon map for Rancho d.l R.y S.ctional Plannin9
Ar.a (SPA) III, Chul. vi.ta 'l'ract no. '0-D2, I. found to be in
conforaanc. vith the various .lem.nt. of the City'S G.n.ral Plan
.
....d on the followln9:
1. 'l'h. aite is physically suitable for r..idential
development and the propo.a1 conform. to all standard.'
..tabli.bed by the City for auch project..
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FIRE HYDRANT~;~:_~~:~ ,. .
. LOT .LINE ---:-:- ~ ---'--
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WATER MAIN ':.'n"~:':'T-"
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MAP No. b4o~OqO~2a
'. KEY. M#'
SCALE. I' . 400'
CITY ENGINEER SHALL;OESIGN ALL STRUCTURAL STREET
IC STREETS. STRUCTURAL SECTION DESIGN SHALL BE
VALUE METHOD SPECIFIED BY THE CITY ENGINEER.
LL BE PERFORMED BY A'. REG I STEREO C I V I L ENG I NEER
fESSIONAL. ACTIVITY IS PERFORMING SUCH TESTS.
L BE PROVIDED TO THE CITY BY THE DEVELOPER IN
LOCATIONS AND .TIMES AS, DETERMINED BY THE.CITY
EAVY GRADING IS PROPOSED, GATHERING OF SAMPLES
UNTIL ROUGH SUBGRADE IS MADE. MINIMUM BASE
TREET CLASSIFICATIONS SHALL BE FOUR (4) INCHES.
L CONFORM TO FINE PROCESSED MISCELLANEOUS BASE.
AS SET FORTH.INTHE STANDARD SPECIFICATIONS FOR
TRUCTION. SECTION 200-2.5, 1991 EDITION. ALL
JRFACES SHALL BE SEAL-COATED IN ACCORDANCE WITH
: T~t:" Rt:"t110NAI SUPPLt:"I.tt:"NT AUt:"NOUt:"NT~
FIRE NOTES
I.
THE FIRE FLOW REOUIREMENT SHALL BE A MINIMUM 2,500 GPM FOR TWO
(2) HOURS DURATION BASED ON A MINIMUM OF 20 P.S. I. RESIDUAL
OPERATION PRESSURE IN THE STREET MAIN FROM WHICH THE FLOW IS
MEASURED AT THE TIME OF MEASUREMENT.
EACH FIRE HYDRANT SHALL HAVE ONE (I) 4' OUTLET AND TWO (2) '~/2'
OUTLETS. INSTALLATION SHALL BE IN ACCORDANCE WITH THE STANDARD
SPEC I F I CAT IONS. .
PROTECTION OF FIRE HYDRANTS TO BE PROVIDED ANO MAINTAINED AT ALL.
TIMES.
WATER SUPPLIES FOR FIRE PROTECTION TO BE PROVIDED PRIOR TO ANY.
COMBUSTIBLE CONSTRUCTION MATERIAL BEING PLACED ON THE SITE.
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2.
3.
4.
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12. ~e developeT ,ha~~ be responsible for r~nstruct10n of an a~
expanded . tL ~O foot wide sidewalk/rec. ational athwa _long .
the western s de 0 Paseo Ranchero, 0 connect the trail systems
In the .outh le~ of ~ce Canyon and in the Telegraph Canyon Roa~
open .pace are.. These im rovements shal sta 1
oonjunctio e construe on hases of
. e4 the Pub t es nancin
13. ~e developer shall be responsible for the construction of wider
.idewalks at transit stops, subject to the approval of the City
En~inear.
c'... '~e final design of paseo Ranchero shall include eight foot wide
lendscape aasement buffers as required by the ttreet Dea19ft .
standards or be adjoined by an open space lot .t least eight
feet vide with .lopes no greater than 5:1." "--~'l~. ~h.
following areas where the final desi9ft shall be subject to the
approval of the planning Director, Landscape Architect and City
En9inear:
a. Adjacent to the lots fronting on Cabo Calabazo, Calle
candelero and Punto Miraleste where a special slope and
retaining wall design will be implemented;
b. ~on9 the Junior High School site;
'". < ~ong the exisUng Laden Vill.. and If"-..r<-...........
.ul:l4ivis1ons . r_cnln_.lI1Ir.t.~_,,"_1 My and
d. Adjacent to the out~parcel owned by the Chula Vista School
District.
.15.
The final design of East "J" Street shall include 5.5 foot wide
landscape easement butfers as requlred by the Street Design
Standards or be adjoined by an open space lot at least 5.5 feet
wide with 5:1 maximum side slope., except in the following
location. where the final design shall be SUbject to the
approval of the Planning Director, Landscap. Architect and City
En~ineer:
'.
a. Alon~ the park site;
b. Along the two corner lots at the intersection of East "J"
street and camino Miel (lot. 82 and " of Phase 2, Unit 1)
and the .outheast corner lot of East "J" Street and Cabo
capote (lot .5 of Phase 2, Unit 2);
c. Adjacent to the out-parcel owned by the Chula Vista School
District; and
d. Alon9 -the exisUng BelAire Ridge sul:l4ivision where
axistin9 conditions .hall remain.
.
All retaining walls which interface with the public street
.yst.. shall be constructed to match the Ranch Rancho del Rey
SPA III Design Guideline standards for exterior walls.
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5...,q~lN-~~mf!'ME'TS
1\ 1)/1
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Design ADT
~inimum design speed
Curb-to-curb
Right-of-way
f.laximum grade
Minimum curve radius
22,000
45 mph
74'
94'
8~
700' with 5~ superelevation to 1100' with no
superelevation
,
Class I collector streets serve primarily to circulate localized traffic
and to distribute traffic to and from arterials and major streets. Class
I collectors' are designed to accommodate four lanes of traffic, however,
they carry lower traffic volumes at slower speeds than major arterials,
arid'they have a continuous left turn lane separating the two directions of
traffic flow. Typically, intersections shall be spaced no closer than 660
feet unless otherwise approved by the City Engineer and signalized
intersections shall be spaced at one-quarter mile intervals.
Access to arid from this Class I collector street from abutting properties
shall typically be controlled but not restricted. No direct access from
single-family residential homes is allowed. In developed area of the City
di fect access from si ngl e-fami ly homes coul d be a 11 owed with approva 1 of
City Engineer. Parking on this facility shall typically be allowed.
However, Pi!rking at critical locations may be denied as deemed appropriate
by the Ci tY Engi neer. I f a bike 1 ane is to be provi ded in conformance
with the Bicycle Element on this Class I facility and parking is to be
retained, an additional 10 feet of right-of-way will be required to allow
for a 10-foot widening of the roadway cross section.
In special cases if no abutting property access is allOlved, the strip's
median, with approval of City Engineer, can be reduced to 4 feet.
\lith approval of City Engineer, in developed areas, with less than 74 feet
curb to curb (64') no widening is required except at approaches to
intersections as per Exhibit uA". Approaches shall be designed as per
Exhibit uFo U Left turn into an intersection driveway will be prohibited
by a raised median. Further modifications r.1ay be allOlied to this standard
as a result of the existing and projected traffic volumes.
S'
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LANDSCAPED ~
SUFFER AREA
EASEMENT 45'
10'
;0 34'/37'
.....34'/37'
10'
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(2;1 MAX --- c-r
y~ PARKING ~ I s'
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20/0 I 20/0
, I
12 12' 14~~1 12 12'
,
SLANDoCAPED
SUFFER AREA
5.5' 4.5' EASEMENT
........
~5"MAX~
2% /
I I 2:1 MAX
I =J: PARKING ~
, *THE MEDIAN
WIDTH MAY SE REDUCED
TO 4' WITH THE APPROVAL
OF THE CITY ENGINEER
,
5.5'
1.1ti1~.IlI.' IB.idl"'~
** Landscaped slopes greater than 5:1 may be acceptable as determined by the
uirector of Planning.
10/12/89
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10/12' 39' 7' 7' 39' 10'/12'
MAX . ... r-- 2:1 M
1~1 f-- 55'/8' 5.5'/8' -
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I - - I - I
AX I NO It. NO 4;-
NDSCAPED PARKING PARKING LANDSCAPE
FFER AREA 17' II' II' 14' II' /I' 17' BUFFER AR
SEMENT EASEMENT
AX
2:r
D'
EA
"116' RIGHT-OF- WAY DUE
<WI_
6-LANE MAJOR
(DEVELOPED AREA W/O I-B05)
** Landscaped slopes greater than 5:1 may be acceptable as determined by the
Director of Planning.
~. FOUR-LANE MAJOR
ZO'
DSCAPED
FER AREA
,EMENT
· '; ~X
:----\"
-"
Commerci a1 Area
(frequent driveways)
Low DenSity Area
Z:I MAX/
Design ADT
Mini~um design speed
Curb-tD-curb
Right-of-way
Maxi~um grade
Minimum curve radius
28,000
45 mph
80' (includes a
16' median)
30,000
55 mph
80' (includes a
16' median)
104'
7%
1,100' with no
supere1evation
104'
7%
1,150' with 5%
supere1evation
to 2,000 with
no
supere1evation
:he
Major streets are primarily designed to distribute localized trips.
Typically, intersections shall be spaced no closer than 660 feet unless'
otherwi se approved by the Ci ty Engi neer and si gna1 i zed i ntersecti ons shall
be spaced no closer than one-quarter mile interval s. A raised median is
"equired to separate the tliO directions of travel and to improve the
'isual appearance of the arterial corridor. One mid-block median opening
lay be permitted only with approval of the City Engineer. Such
ntersection and any resulting signals shall not negatively impact sign<11
rogression and traffic flow on major streets. This opening shall
Ipical1y be spaced at the mid-point '>etween the major intersections
'pprox. 660'). The specific location of these median openings shall be
temi ned by the Ci ty Engi neer.
39
-5-
5d -14
-
<<
\\ J"i
.~
'-- '
Access to and from four-lane major streets from abutting properties shall
typically be controlled but not restricted. No direct access from
single-family residential homes is allowed. In developed area of the City
direct access from single-family homes could be allowed with approval of
City Engineer. Full access median openings will be permitted with
approval of the City Engineer on these facilities only at locations
specified by the City Engineer and under conditions estab1 ished by the
city. Parking on these facilities shall typically be allowed. However,
parking at critical locations may be denied as deemed appropriate by the
Ci ty Engi neer. If a bi ke 1 ane is to be provi ded in conformance wi th the
Bicycle Element on this four-lane major facility and parking is to be
retained, an additional 10 feet of right-of-way will be required to allO\~
for a lO-foot widening of the roadway cross section. Four-lane majors
sha 11 also provi de 1 andscaped buffer areas. Pedestri an cross i ng demand
should be well planned, focused and controlled to direct pedestrians to
designated crossing points at signalized intersections.
Widen all approaches to intersections as per Exhibit "A" in order to
provide for additional lanes, as per Exhibit "E."
It
It
*
100'/104'
20'
20 1
~
... 10'/12'
10'/12 ' LANDSCAPED
LANDSCAPED a' a' 32' aUFFER AREA
aUFFER AREA 32' "- EASEMENT
EASEMENT .,. '" r- ....
"""5:1 MAX l i-..... 5.5'/ a' 5.5/8' - '5. I MAX
.----- ~ 2% 2%~ 20/0 2% ----
~ -
-ri~ ~
~2:1 MAX
PARKING
**
10/12/89
l
I ,
~
<J"
"
-
""
-
a'
12'
12'
12'
a'
12'
PARKING
2:1 MAX/
"104' RIGHT-OF-WAY DUE
i~:
4-LANE MAJOR
Landscaped slopes greater than 5:1 may be acceptable as determined by the
Direc:cr of Planning.
-6-
501 -l~
"PROp.
",I1/W
48'
WI'Tit 'ff"~ R ECLAIMEDI\i,M.
NE'fI s" REeL WM,
(l ~r <I
. 8" 8'
~O'
VA/RES IO/toOO1
5U8OiV/S/ON
E30LNOARY , '
EXI, ~~ IMp!:'O~~,!!
30' H'4 27'1. T
12" DaM, W.M.
,oP OF PiFE fL .4{,2,1
an REeL WM,
TOP OF PIPE El.~4(.().1
<;;;>~
",.; ^ 5
\::,
, ....." ", ~..' .:._.~. "~...,,. -""~~._.,,,
'EAST"I-f STREET TO STA:'2163,:68
---,-,,'.
VARIES FROM 4'RTe3TA J+~2./~
TO 8'LTe GTA4tS213
vJ
C.
G
~:::
\.J
\L1
V)
'SiJBOIVIB/ON
BOLNDARY
'.48'
""40'
ttlSI ::
; IMPnrJvtMENTS )';,
. '";'.(VARIES} ,,~;:/,.
<:....".-. .' 'L.I
,-. ....~-- -'
MOP.
I1tw.
:NrG WALLS
':$plil&PUiNS :'
'I 9/-G5GA'."", "."
'm" 'c'STA 2+ 63,68
PROP.
I1!.W
,,'
".
~ ~,~
\-=
\ \ i
""F,,=~.,t;~~it~ijt
w
~
\[J
~
',.< - .. ~--~"_~~'_'''''''':"":''''
(CALLE SANTIAGO TO ST A. 23,j-Q~.:9~;
:..,.'.'.... . . ..' , ',..:.,.....- .,' ~-_.. ',.. -.~~.:~~...-
EXlsr[fI10;t"C~oP'; ~
, , . I1lw\.,"'",
A
JtECT TO
%,'ff't.ANKlNi
f-wtf//i
7YP)\ ~~
o f~'
SiJ8DVlfJION H'H '.
I 80UND4RY , '~ ,"
I EXISTING .vfi. ./'\:'
L1MPIi'OVEMEN7S_ <, '
-----------:.!'?~:.- ~ ."
H . ~"
Hore, FOR lETTERED " 'f,',,,.
---- DIMeNSIONS} IIEFER .
, TO 'A6J.~ t17
STA. 23+69.94 TO STA 28+31.99
..J
~
~
r:
.vA iflt(JtJTrJ'sTA'f/15U4.J'LT
'n14/+5t44 r~ WI "Sfl~f"'_
P!lOP.. JaAll~ti;'fl::iit;u.J5" 'HOP.
"_ 12'l7 ',0
. R/W 250lflSrUGIiTPfRPlJ,IJS .
rECT TO
'FPL411NIN6
".fNOKAPE
AND 0. TY\ 8' fO' 7
(TYPJ.
.- @) 15.1'
;(,,:\,
. .' 2-~<~::::\'"
"i>STA4fit64."rosTA47,S4."- DIMFN;/~/fEFeIf. ...c/..'..... t6,"'~.
~.SlOPE TRNVSITIONS TO TA6J.E . ',,; "C', ': _. .:
,FROM2%ro/% .., ':01' . ,',
STA, 28+31.99.TO TELEGRAPHcG.ANYONHOAD
\
.DETAI
NO SCALE
; TYPICAL STRE
.~:
CD 6"MON
])ea:J~04"DEC
(IN'';''nif~ 0 PAVE~
0~~m
@ 6"TYP
,. ELE
o SEE 5
eRO 55
G) SEE 51
'. CROSS
" . .' .'" "
. '.
: . ", '_. 'I,DCATION ,.,;,.
. FROM' . TO
.
CALLE SANTIAGO 7+30.27 .
, 7+30.27 8+90.27
--. 8+90.27 . 23+69.94
23+69.94 . 25+92.99
25+92.99 " 28+31.99
, - 28+31.99 28+78.91
"::''28'+'28.91 ' :29+58.94
i 29+58. g4;~;". , '. 291'76.94
...
29+76.94 .' 30+83 .94
30+83.94 33+48.94
, "-,33+48.94 36+48.94
. .. 36+-48.94 41+51.45
41+51.45 '45+13.96
-- .. -, --
'.
.'
\I F 41
..tar i. exclu.ively u.e~. ~be compreben.ive lan~.cape plana
ahall addre..:
a.
..
,.,
.
..
c.
:/,
,,!(!!!)
Slope anhancement an~ l.n~.c.pe tre.tment for the slope in
Open Space Lot A, Pha.. 3, Unit 3, beneath the Junior High
School lot. ~e plan sball addre.. and provide for .ature
alIa plant .atarial, boulder work and/or buttra.. work on
th. alope.
A ftaturallz.d rev.g.tatlon program for area. of grading in
open apaca lota, which .ay includ. ~emporary irrigation.
~. disturbed -nativ.- ar.a. within ~.l.grapb Canyon Road
cpen ap.ce corridor. ~bis area sball includ. tr..
vroupln;s or tre. vrov... ~b.ae planting. sball be treated
as random planting. and shall be identifi.d in at l.ast .ix
area. along the corridor with .acb location providing
plantin;s of 50 ~o 100 tr.... ~b. .xact number of tr.e.
and locations are to be approv.d by the Planning.Department
and D.partm.nt of Parks and Recreation. Tbe intent of
th... grove ar.a. is to provide . con.i.tency with .xi.ting
grove ar.as in the open apace corridor we.t of the Rancbo
del Rey SPA III area.
Prior ~o approval of the V.... ~inal .ap, detai_l~J~owing the
location and design of the trail ay.t.m and . .i;n program ahall
be aubmitt.d to and approved by the Director. of Pl.nning .nd
.arka and R.cr.ation. The trail sy.tem in the open spac. lot.
aball be a .inimum , f..t wide within an . foot horizontal clear
apace and a 10 foot vertical clear apace. ~he a..ociated .ign
program ahall identify the trail network in the open spac. .reas
~ and connecting along ....0 Ranchero, ~o the'aati.faction of the
Directors of Planning and Park. .nd Recr.ation.
:11. Prior final aap approval for JIb... ",..~lt , .nd .h... 4,Vnit 2 '
a. shown on the Tentative Map, cro.. aaction. .hall be aubmitted
to and approv.d by the Director of Planning and City Engineer
illu.trating the interface wh.re the trail i. located adjacent
\ ,;' to the draina;e ditch along Telegraph Canyon Road. Tbe fencing
, :" (Of the drainage channal shall be aesthetically pleasing ,''0'
t~ incorpOrating the u.e of planting., aque.trian type fencin; and
j , vinyl clad f.ncing. Tbe.. cro.. section. and decorative fencing
proqraa aay be included with the comprehen.ive l.nd.cape plan.
rence vat.. ahall be provided at locations approv.d by the City
Zn;ineer ~ allow aaint.nanc. of the draina;. channel.
Park.
22. ~e dev.loper aball be obligated for 12.5 acre. of parkland a.
d..cribed in the approv.d SPA Plan, includin; land, and/or f.e.,
and/or additional tDprovement., in accordance with the Parkland
Dedication Ordinance. !h. .ctual final acrea;e will r.late to
th. n....~ of unite approv.d with the rinal up..'
'33. ~. park locat.d in .ba.. 3, Unit 4 .hall be . ainimum 10 n.t
us.abl. acr... De.i;n and dev.lopment of the park ahall be
{
Sd-/7
G -I
Gl
I
scJ -Jlo
.,....:::.
Ii, Hili
(
irrigation per the standards of the Parkland Dedication Ordinance, and installation of 3 lighted
ballfields with a soccer field. The community park, which has been named "Discovery Park," was
completed In April 1990. All of the grading, and neighborhood park level improvements will be
conditions of this project without reimbursement from the City. The construction of the parking
lot and the lighted ballfields/soccer field were required as part of this project and are valued at
approximately $518,000. These improvements will be a credit to the payment of Residential
Construction Tax fees in an amount equal to the actual cost of improvements. Credit will begin
immediately with Phase 2 and Phase 3 units. In addition to these improvements, the City may
construct a community center.
The East "H" Street Park and the neighborhood park located on the central ridge are the two parks
which will, by themselves, satiSfy the minimal dedication and improvement requirements for SPA
I of the City's Parkland Dedication Ordinance as In effect on October 1. 1987. The Parkland
Dedication Ordinance requires a minimum of 14.5 acres. Explorer neighborhood park is 5.6
acres. while the East "H" Street Park. devoted to park purposes and not encumbered by the SDG&E
easement, is 6 to 9 acres depending on other public facility needs. These parks have been master
planned by the developer and will be improved per the master plans. Maintenance of the East "H"
Street Park will be from the General Fund.
Marisol neighborhood park located in SPA II is 5.0 gross acres. This park was master planned by
the developer and improvements will be made in accordance with the approved Master Plan
consistent with the requirements of the Parkland Dedication Ordinance adopted by the City Council
in December 1987.
The neighborhood park in SPA III is 10.0 net useable acres and is located adjacent to the junior
high school site. This park will be master planned by the developer in conjunction with the
master plan for the junior high school site and improvements will made in accordance with the
Master Plan consistent with the requirements of the Parkland Dedication Ordinance adopted by the
City Council in December 1987. Should additional parkland be identified as needed to meet the
obligations of the Parkland Dedication Ordinance, the developer would make additional
improvements to parks within Rancho del Rey or that serve Rancho del Rey or pay cash equivalent
or some combination of improvements and cash payments at the rate of $173,455 per acre for
each additional acre so determined (i.e.. if 2.56 additional acres are determined. the developer
would be obligated for a total of $444,045 in additional improvements). The amount of additional
improvements will be based on the final number of dwelling units actually constructed within SPA
III.
The staging area, the SOO & E trails. and the canyon trails are three elements that are unique to
this project. The staging area developed with Phase 3 will serve to be the main entry to the Rice
Canyon Open Space Preserve. A Master Plan has been prepared and improvements were installed
t~~a~::~s ~n:~~l,:sl.:.~~ging la~: :;~th r:e:,~~ns an~ e:e~~nsiin-.~~ ~lW~, ·
The trail system will be Improved per the Master Plan prepared by the developer and approved by
theCity._.',1 mi:_.UIFr".U JI.__._LllIl ..-~.._..- rllldnH'\l
.t.JJj~_ClrlIIIW'.II-nIfJl I Ail_Ill IIlIl.' ·
Llbrarv
In April of 1987. the City approved a Public Library Master Plan which identified the need for
subregional library facilities to serve the needs of Mure residents. Rancho del Rey was included
in a subarea labeled the Sweetwater/Bonlta Study Area (Exhibit #5, page 28). The study
identified the need for a library facility of approximately 40.000 square feet to serve that area.
In light of the City's overall library needs. the minimum library desired by the City is 20.000
10/19/90
27
-
sJ-S-)
\~ ~.---. 'I
o
VILLA PALMERA
1!1.s.~ldHY.RI
Welcome to Villa Palmera, a new exciting and unique community in Chula
Vista.
We feel before you purchase your new home you should be aware of some of
the facts that make Villa Palmera unique.
History
In 1982, the property was approved for multi family use by the City of
Chula Vista which allowed 102 apartment style condominiums to be built.
Subsequently, Mission Village Properties, Ltd., of which Terra Industries,
Inc. is General Partner, purchased the property in 1987. Approval was
received through the City of Chula Vista Design Review Process for a new
concept and product featuring 76 patio homes of larger size with exclusive
use of yards and two car garages. Many of the homes are detached.
OwnershiD and Maintenance
Villa Palmer a has furthered its uniqueness while
condominium ownership with some twists that make each
single family home.
maintaining
home live
the
like a
In typical condominiums your association controls and maintains the
exterior of all dwellings. However, at Villa Palmera, each homeowner
maintains the outside of his home including painting, roofs, stucco as well
as the exclusive use area (yard) designated by (and including) the fence.
Also, each homeowner is responsible for his or her own water, telephone,
electricity and sewage charges.
The Villa Palmera Homeowner' s Association is responsible for maintaining
all landscape common areas around the homes (excepting the yards), the
private streets and motor courts; the pool, spa and cabana building and the
facilities for the recreation area; the sidewalks and drainage systems
outside the fenced yards, private street lighting, private street signs,
directories and offsite and onsite slopes.
Future DeveloDment
We have chosen not to include any "view premiums" in prIClng the homes,
even though some homes currently may have a view, since they could
conceivably have their views altered by the construction of single family
detached homes adjacent to Villa Palmera in the next 2 to 5 years. The
property adjacent to Villa Palmera is currently owned by the Rancho del Rey
Partnership which, according to the specific plan approved by the City of
Chula Vista in 1985, plans to develop approximately 1,380 homes south of
"H" Street.
- P~.D"P 1 of ? -
~J-:t.7
I\T'1
-----
The current status of Paseo Ranchero as proposed by the City of Chula Vista
is a four lane connector road joining "H" Street to the North and Telegraph
Canyon Road to the South with construction to be phased as Rancho del Rey
Partnership develops their property.
Homes on the East bordering Paseo Ranchero could experience an increase in
noise level when Paseo Ranchero eventually carries the City's projected
traffic loads. Those homes immediately adjacent to Paseo Ranchero have
some additional steps taken for sound attenuation, such as some dual glazed
windows and thicker glass as required by the Acoustical Impacts
International Report dated October 25, 1988.
The property bordering East "J" Street to the south is currently owned by
the Chula Vista City School District.
Further information regarding the proposed elementary school site can be
obtained from the Planning Division of the School District 425-9600.
Community FaciIit.v Districts and Charll'es
In order to make sure tax dollars and assessments paid by Villa Palmera
residents are applied to their specific needs, Community Facilities
District No.5, (C.F.D.) has been established according to the Mello-Roos
Community Facilities Act of 1982, as amended, for the purpose of
constructing public schools to provide adequate educational system
capacity. Additional information is provided under separate amendment to
the "Purchase Agreement and Escrow Instructions" which explains in detail
the costs associated with this C.F.D.
In the development of the Villa Palmera
has paid $591,710.00 in benefit fees
community which has not been added to
Project, Mission Village Properties
and public improvements to the
any Community Facilities District.
Villa Palmera is also unique in another way in that it has its own lII11irlllf.
.. V"\l'lI.itltt'en; This is only a temporary pump station that will be
maintained by the City of Chula Vista through charges on the resident's
water bill. Eventual1~' the pumps will be removed by the City of Chula
Vista once the Rice Canyon Trunk Sewer System is completed possibly by
Rancho del Rey and the area currently devoted to the pump station
(exclusive of the equipment) will be turned over to the Homeowner's
Association.
'SJ -.2- gr
)
~
eVDS STREET CHARACTERISTICS ~ MIN. RADII
l-
STD. DESIGN DESIGN TRAl EL ES PARXING IJ\.NES l'oED IAN CD. ~ TO-CD. R.O.II. roUGH MODERATE !I1.X .
DIIG. A.D.T. SPEED NO. WIDTH lEA NO. WIDTHIr:AI NIDTII WIDTH WIDTH TERRAINla) TERlIAIN la) GRADE
PRIME ARTEII1AL ~ 50,000 70 6 12'-16' 0 (1I) 16' 98' eVDs4 1000' 1500' n
MAJOR . 1 25,000 50 C 11' 2 8' 16' 80' eVDS 1 750' 1000' 7\
.COLLECTOR 1 10,000 CO C 12' 2 8' 0 64' eVDSl 300' SOD' 10\
RESIDEllTIAL (b)
COLU;CTOR 1 5,000 30 2 11' 2 8' 0 CO' eVDSl 200' 300' 12\
RES IDENTIAL 1 1,(00 Z5 2 10' 2 8' 0 36' eVDS 1 100' 200' IS\
COII~.zRCIAL/
IllDUSTRIAL 2 - 30 2 14' 1.2 11' 0 52' eVDS2 - 200' n
FRONTIIGE ROAD 2 - 25 2 11' 1 8' 0 3D' eVDs2 - laO' 15\
2-tIAY HILLSIDE Ie)
LOCAL 3 - 25 2 12' 1 8' 0 32' eVDs3 100' - 20\
I-MA'1 H n.LS IOE (e)
LOCAL 3 - 25 1 16' 1 8' 0 2(' eVDS3 lOa' - ' 20'
,-
RESIDENTIAL
CUL-DI::-S1.C - 25 2 10' 2 I' 0 36' 100' 200' 15\
ALLEY - 15 2 10' 0 0 0 II/A - - 15\
CITY or CIIULA VISTA 1l'OIE1l'!' STAllDAJIDS
I' -","'"
f-Ls,t.l\~~.
I
'"
'"
I
/'0
~
. .
(a)
(b)
Ie)
!,~)
",,,,,
'" ....
~'"
" 1.
"
c; (t)
())>-'
..,.
2.
3.
TOPOGRAPHIC CLASSIFICATIOII TO BE DETERMINED BY CI~Y ENGINEER.
8\ IN COMIIERCIAL AIUIAS.
CRADE SEGMENTS IN EXCESS OF 12\ SHALL NOT EXCEED 300 FEET IN LENGTH.
1000 roOT LENGTH SEGMENT SHALL NOT EXCEED 10\.
!::ME!lGEIICY PARKING TO BE ALLOIJED IN OU'!'ER 16' TRAVEL 7,'~ES.
~~,:~,_ NO'!E!
SUSTAIIlED GRADES AND AVERAGE GRADE OVER AllY
,
,-
CITY'S RESPONSIBILITY FOR CONSTRUCTION SHALL BE GENERALLY LUIITEIl TO MED1AII CONSnUCTION FOR ARTERIALS AND MAJORS
TO INCLUDE CURB, GUTTER, L/lNOSCAPING, IRRIGATION AND STREET LIGHTS WITHIN MEDIAN, AND FOR ONE 12' TRAVEL LANE ON
EACH SlOE OF ARTERIAL MEDIANS.
PO!\TIJ\.NO CEMEnT CONCRETE PAVEIIENT SHALL BE RFOUlRE~ "0<: GRADES IN EXCESS OF 12\.
;/\
.
TilE CITY EtlGINEER HJ\Y APFROVE REOUGION OF PARKING, SWEWALKS AlID RIGHT OF WAY FOR STREETS WlIERE DEE.'l.EO
API'RC'PRIATE, HOWEVER, TilE HINIMUM PAVEllENT WIOIII EXCLUOIMG CURB ANO GUTTER SHALL BE 24'. IF SIDEWALl( IS DELETED,
_"d......_ ~...r"IU .,.,,,,.. ~"'~T nTl' r.tlP:B TO PROPE1;l"''' LINE SllALL BE Sf.
._.t__
\\ K
I(
TREE PLANTING a MAINTENANCE
EASEMENT 1
100'
3i
e'
e'
32'
5.5'
5,5
4,5'
'.'
.J:'!Lo ~
I 20/0
~
I Ii' MONOLITHIC CURe
GUTTER a SIDEWALK
MAJOR STREET
20/0
".'
2%
2:1 FILL
(T 'fP) vi'
I":fi.;.J:
, It .i
84'
R. rTREE PLANTING e
MAINTENANCE
EASEMENT
5.5' 5.5'
4!J'
5.5'
32'
3~
(9 P 11L-......d.
20
II 2% (TYP)
COLLECTOR STREET It
60'
Ii'MONOLITHIC CURB
GUTTER a SIDEWALK
It
.--- TREE PLANTING a
" MAINTENANCE
5.5 EASEMENT
5.5'
45
20'
20'
5.5'
4.5'
51RAIIMT
'''ADE lTYPl
LEVEL
t%
6" MONOLITHIC CURB,
a SIDEWALK
STREET
It
II
CbLLECTOR
GUTTEF
RESIDENTIAL
It
56"
.r- TREE PLANTING a
, MAIN TENANCE
5.5' 5.5 EASEMENT
4.5
2:1 CUT
(TYP)
5.5' 5.5' Ie'
45
Ie'
Sl::1t~\T"I'"
~
20/0
LIVIL_
...-.-
6" MONOLITHIC CURB,
GUTTER a SIDEWALK
i
RESIDENTIAL
NOTES:
STREET
I. SIDE....AL.K WIDTH WILL IE INCIUASED TO . IfEET IF CITY ENGINEER DETE....INES
THAT IT 1$ ,U.IUtANTEO IY PEDlstRIAN TIU.""IC.
2. w'NIMUM CURl RADII:
A. I"TlltIICTIO" 0' ALL." WITH 4N" ITIIIIET', 10 'EIT
.. 1II1.IDENTIAL STRIIT TO IlIIIDIMTI.-L aTItIIT: aD 'lIT.
C. ALL OTHIIt INTER..eTrON': aD 'liT
I. ., elKE LANES .RE ItEQUIRID ADD 10' TO THE WIDTH 0'
STREET AND 'RoptflT" LINES.
NOT TO SCALE
. 1I..I..d D,.... R. M. F. 0.1. 2-24-B3 CITY OF CHULA VISTA
3,83 "",.n. 0.1. '$ -1- 8 .) PUBLIC WORKS DEPARTM NT
(/~ ~ p7 ' ~ TYPICAL STREET CVDS
SECTIONS I
CITY ENGINEER
~ -3_0
(. 4'BROKEN DOUBLE
YELLOW
G'DASHED
. WHITE
R/W
8'
IZ'
IZ'
2
-,
~
Q:..:
\
W G~~~~D
_~XIS T. CURB PER
v, DWG. NO. 8B-Z45
~CV~f)t '
~.\
Z40' CURB TRANSITION: NORTHBOUND SHIFT 4'
Z40' LANE TRANSITION: NORTHBOUND SHIFT Z'
Z40' i TRANSITION: SHIFT 5'
G'SOLlD
WHITE
CURB
15 ASEO
3
IZ'
· G' DASHED
WHITE
157.%' CURB TRANSITION
\.
4' DOUBLE SOLID
YELLOW
4
IZ'
IZ'
8'
SUBDIVISION
BOUNDARY
Z40' LANE TRANSITION: SOUTHBOUND SHIFT G'
CENTERUNE DATA
~RG, RPlJIUS LENGTH REMARKS
1995.00' GOO.OO'
. 1995.00' G5,8Z'
77.17'
Z40.00'
195.95'
G71.07'
A<' t:JI/IIT
R/W
GO' TURNOUT
TRANSITION
10'
<D
.,.
4'
IZ'
~ 12'
8'
10'
SCALE.
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Ybe developer ahall be responsible ~or construction of full
atreet improvement. for .11 pUblic and private .treets shown on
the ~.ntative Map within the .ubdivision boundary; and for the
con.truction of off-.ite improvement. to construct Paseo
aanebero, East -J" 8tr..t and P.seo Ladera as .hown on the
~tative Map, to the aatisfaction of the City Eniineer. '.
aaid iaprov..ent. ahall inc1ud., but not be limit.d to, asphalt'
concrete pavem.nt, be.., concrete curb, vutt.r aneS .ieS.....alk,
a.w.r and vater uti1itie., drainaie faci1iti.s, .tr.et lights,
aigna', ~1re bydrant. .nd transitions to exi.tini improvements.
street inter..ction apacini as .hown on the tentative map is
laereby approv.d.
All the atr..t. abewn on the ~ent.tive M.p within the
aubdivi.ion bound.ry, exc.pt priv.t. .tr.ets, .h.ll be dedic.ted
~or public us.. c..iin of .aid .tr.et. .hall ...t all City
atandard..
19. A t..porary turn.round conforming to City stand.rds shall be
provided at the .nd of street. h.ving a length ;r..ter than 150
f..t, ....ur.d from the center line of the nearest intersecting
atreet to. the center of the cul-d.-sac, exc.pt a. approve a by
the city Eniin.er.
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20. CUl-d.-sac. and knuckl.. shall be d.sign.d and built in
accord.nc. with City at.nd.reSs unl.ss otherwi.e approveeS by the
City Eniin.er.
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Frontai. on all lots shall be a minimum of3S f.et at the riqht-
ef-way line except a. .pproved by the City Engineer. This
condition do.. not apply to flag lot., a. defined in the
Municipal Code.
Lot 11n.. shall be loc.t.d at the top of .lope. except as
approv.d by the City Engineer. ~~~ a~jacent to open .pace
lot., property line. .hall be loc.t.a . minimum 2.5 feet from
th~ _~~_. ~..Lslope.
~. pr.par.tion of fin.l .aps and plan. for the locations'listeeS
below shall be carri.d out in accoreSanc. with the
followini crit.ri. unl... oth.rwi....pprov.d by the city
En;ineer and Dir.ctor of Planning: .'
!'.',~~~i~ee:fE.=t~~rn~r~
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Provid. a peda.tri.n throuihway betw.en lot. 130 and 131,
Pha..', Vnit i,'from camino Calabazo to e.st -J" street
acro.. from tha achool and park sit...
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Pursuant to Section 66412.2 of the Subdivision Map
Act, the Council certi fies that it has considered
the effect of this approval on the housing needs of
the region and has balanced those needs against the
public service needs of the residents of the City
and the available fiscal and environmental resources.
5. The size and configuration of the site and resulting
street pattern do not allow for the optimum siting
of lots for passive or natural heating and cooling
opportunities without reducing the density well
below that allowed under the existing zoning.
BE IT FURTHER RESOLVED that approval of said
subdivision is subject to the following conditions:
(
1. A 6 ft. minimum level width of landscaping backed by
a decorative wall shall be provided between back of
sidewalk and property line for all lots which
back-on or side-on to . E' Street and Boni ta Road
with the exception of the wider up-slopes involving
a total dimension of 10 ft. or wider from back of
sidewalk on lots 14 and 15, in which case the wall
will be located at top of slope. The top of slope
on Lot 14 shall be drawn back from the intersection
an additional 15 ft. providing a gentler 4: 1 slope
transi tion. These areas as well as the eucalyptus
grove shall be shown as a' separa te lettered lot (s)
to be incorporated into an open space maintenance
district which shall be formed at the request of the
applicant.
2. "'-"....'\:t:l:. lti1Jf"".olfil '~I',wal1 "1ttt.',"H..~.r.,;,,t:i5 I
ft'~};,\,..tlilIIiHf_e..t.c)>"'ll' ,". ..t.lt~ ..,itrb111'
,.""''''''''' .,.c:e_iftt,~.,,4j,.t.1' i,c.c.. al.p,' B."
MWe't:, Boni ta Road, and to the setback lines of
Lots I (exterior) and 19 (front). A 6 ft. high wood
fence with masonry pilasters at 25 ft. on center
shall be constructed along the wester ly boundary.
The CC&R'S shall contain a prohibition against any
modifications, additions or supplements to the
perimeter wall/fence.
3. A landscape and irrigation plan shall be submitted
for review and approval of the City Landscape
Architect in accordance with the Chula Vista
Landscape Manual to include the open space
maintenance district lot(s) and the wall/fencing
program and details.
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4.
Written evidence shall be submitted to the city that
agreements have been reached with both school
districts regarding the provision of adequate school
facilities to serve the project prior to approval of
the final map.
. ,
5.
The approval of a final map by the
require compliance with the city's
standards to the satisfaction of
Planning.
city council will
adopted threshold
the Director of
6. The amount of any fees applicable to the project,
including but not limited to PAD, DIF and RCT fees,
shall be those in effect at the time they are
collected.
7. The applicant shall retain an acoustician certified
with the city of Chula Vista to take noise readings
following the construction of t,beftols. 1)I~Td.r wall ,
but prior to the issuance of building permi ts for
the dwellings. Based on these readings, the
applicant will be required to use any additional
construction techniques that may be necessary to
i-~~tbe not.. .11111e1 _., ~~ _ _ U. 6I:~. Prior to
occupancy ,_1.ft14t~:at1'l9S will elfdn b-e
r~""d..to ...are _-tbetintetior noi.. leye18 are
r...o~t6 4~ a.~~ or lower.
8. The developer shall be responsible for the
construction of full street improvements for all
streets within the subdivision and for all street
improvements for streets adjacent to the subdivision
as shown on the Tentative Map or as modified by the
city Engineer.
9. public improvements as described in this resolution
shall include, but not be 1 imi ted to: AC pavement
and base, concrete curb, gutter, sidewalk, street
lights, signs, street trees, fire hydrants, sanitary
sewer, water and drainage facilities. All
improvements shall be designed and constructed in
accordance with city standards.
.
10. The developer shall grant to the City street tree
planting and maintenance easements along all public
streets within the subdivision as required by the
city Engineer.
11. The developer shall request the vacation of that
portion of HilltoP Drive located within the project,
along the westerly property line of subject
project. said vacation shall be approved by the
city council prior to approval of the Final Map.
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1"z'lor ~ approval of .-.ch-'rlnal-.ap, the developer .hall enter
into an .;r....nt with the City wh.rein h. holds the City
harala.. for any liability for ero.ion, ailtation or increased
~lov of dralnaqe re.ultlnq from tbl. project.
.6. ft. d.v.loper ahall .nter into an .9'1'e_ent wi tb the Cl ty
whereby the d.v.loper .;r..s to participat. in the monitor in; of
exi.ting and future .ewage'flow. in the ~eleqraph canyon ~nk
..wer and the ~lnanclnq of the preparation of the Ba.in Plan
and, ~auant to any adopted Basin Plan, a9'1'ee to partiCipate in
~a financing of improvement. a.t forth th.rein, 1n an equitable
~er. Said a9'1'eement .hall be executed by the developer prior
~o final ..p approval for any pha.e or unit propoainq to -
".M.rge .ew.ge J.nto -1:I1e '!'el.;raph onyon -2'runk "'wer.
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. .7. fta developer .hall permit .11 franchiaed cable televiaion
cospanie. (.Cable Company.) aqual opportunity to place conduit
to and provide cable television .ervice for each lot within the
aUbdiviaion. ~e developer .hall anter into an a9'1'eement with
all participating Cable companies which .hall provide, in part,
that upon receiving written notice from the citi that .aid Cable
Company la in violation of the term. and condit on. of the
franchiae ;ranted to .aid Cable Company, or any other term. and
condition. requlating aaid Cable Company in the City of Chula
Viata, a. aame may from time to time-be amended, developer ahall
auspend cable Company'a acce.. to .aid conduit until City
otherwiae notifies developer. Said agreement ahall be approved
by the city Attorney prior to final~ap approval.
68. ~e developer .hall utilize the pa.eo Ranchero corridor for,
construction traffic unle.. otherwi.e approyad'by the city
~ Enqineer. A con.truction traffic plan .hall be,.ubmitted ~or
review .nd .pproval prior'to-.;prov..l,...Rf ~..' ~ir..t,..tin.l ~ap~
Jaauance of a grading permit, whichever occur. fir.t. ~he plan
aball include provi.ion. for du.t control and atate hour. of
operation. Revisions to aaid plan ahall be approv.d by the City
Engineer.
~.../PaV'lllen~.
, It. ft. aubj.ct property ill within the boundaries of Op.n Spac.
Diatrict 120 (Zone 7), Op.n Spac. Di.trict 110 (Pha.. II) and
&a......nt Di.trict 187-1. Prior to final map approval or other
;rant of approval for any pha.e or unit th.r.of, the d.velop.r
ahall pay all co.t. a..ociated with:
.) d.tachm.nt of .ubj.ct prop.rty from Open Spac. District 110
(Ph... %1)' and
b)
r.apportionm.nt of .....sm.nta for Op.n Spac. Di.trict 120
(Zon.7) and Aa....m.nt Di.trict 187-1 a.,a r.sult of
.ubdivi.ion of land. within the project boundary.
.
'70. '1'be develop.r .hall pay:
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item ,I (p
Meeting Date ~ VU/tlft..{
Public Hearing: PCA-94-Q4 - 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
REVIEWED BY:
p..oop~ce2SfqAmending Section 19.64.150 to the Chula Vista Municipal Code
and adding Section 19.64.155 to allow We repla,,~:nent of damaged
condominiums which are nonconforming with respect to density
Director of Planning .izll!
City Manager is, f' .(1.
k.r\
(4/5ths Vote: Yes_No.1U
Rtp..O\t-\G p..t-\O
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SUBMITIED 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
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Page 2, Item ~
Meeting Date r
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
Planning Commission Resolution PCA.94-04
Planning Commission minutes (7/27/94)
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S)\~f:> f>.~~DlNANCE NO. .2599
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AJ'~RDINANCE 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 fmd,
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.
6-1/ ~-~
SECTION II:
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 exceDt as Drovided 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 III:
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
reSDect to density shall be allowed to be reconstructed in the event of
destruction of I!reater than sixty nercent of the DroDertv's
imDrovement as defined in Section 19.64.150. Drovided that such be
initiated within six months and be substantiallv comoleted within
twelve months of such haDpeninl!. Said reconstruction shall meet all
aODlicable code reouirements in Dlace at the time of reconstruction
and. with resDect to any increase in area. the owner shall comDlv with
any aDDroDriate financial or other mechanism sponsored bv the Chula
Vista Elementarv School District and the Sweetwater Union Hil!h
School District. as may be aDDroved bv the Citv. to mitil!ate imDacts
to school facilities.
SECTION IV:
This Ordinance shall take effect and be in full force and effect on the
thirtieth day from and after its adoption.
Robert A. Leiter
Director of Planning
Bruce M.
City Atto
Presented by
~-y
EXHIBIT "A"
Section 19.64.150 Damaged or Destroyed Uses - Replacement
Restrictions
Any nonconforming building damaged more than sixty percent of it~
value, as established by the director of building and housing inspection,
at the time of damage by fife, 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 nonconforminl! with
resoect to density shall be allowed to be reconstructed in the event of
destruction of l!feater than sixty uercent of the orooertv's
imorovement as defined in Section 19.64.150. orovided that such be
initiated within six months and be substantiallv comoleted within
twelve months of such haopeninl!. Said reconstruction shall meet all
code requirements in olace at the time of reconstruction and. with
resoeet 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 may be aooroved bv the Citv. to mitil!ate imoacts
to school facilities.
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RESOLUTION NO. PCA-94-04
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION.
RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF
AMENDMENT TO SECTION 19.64.150 OF THE CHULA VI A
MUNICIPAL CODE AND THE ADDITION OF SECTION 19. .155
PERTAINING TO THE REPLACEMENT OF NONCONF NG
RESIDENTIAL CONDOMINIUMS
WHEREAS, a duly verified application for a Municipal Code tex amendment was f1!ed
with the PI . g Department of the City of Chula Vista on May 9, 1 4 by the City of Cbula
Vista; and
WHEREAS, id application requests approval of an ame ent to the Municipal Code
to allow the reconstru tion of residential condominium units m e than 60% damaged which are
nonconforming with re t to density; and
WHEREAS, the En . onmental Review Coordinat r has determined that the proposal is
a Class 2 exemption from env nmental review under QA, replacement or reconstruction of
existing structures or facilities, d
WHEREAS, the Planning D' ector set the t' e and place for a hearing on said proposed
amendment and notice of said hearin ,together ith its purpose, was given by its publication
in a newspaper of general circulation the ci at least 10 days prior to the hearing; and
WHEREAS, the hearing was held
1994 at 7:00 p.m. in the Council C
Commission and said hearing was therea
e time and place as advertised, namely July 27,
rs, 276 Fourth Avenue, before the Planning
reed, and
NOW, THEREFORE, BE IT T THE PLANNING COMMISSION,
based on the facts presented at the h g, recommen that the City Council adopt the attached
draft ordinance amending Sections 9.64.150 and add' Section 19.64.155 of the Municipal
Code based on the fmdings conta' ed therein.
AYES:
NOES:
ABSENT:
Commissioners Fuller, Moot, Ray, Salas, Tarantino,
None
Commissioner Martin (wi~ notification)
That a copy of this re ution be transmitted to the Ci
PASSEDANDAPP VEDBYTHEPLANNlNGCO SSIONOF CHULA VISTA,
CAllFORNIA, this 27th y of July 1994 by the following vote, twit:
~v~)
William C. Tuchscher n, Chairman
~Ie~ry
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UNOiP~Z~DL:'- ...'.,..--
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PC Minutes
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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 Griffm 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. Griffm 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 confmned
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.
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item ,i 1
Meeting Date~ \/ ,,3/'i'l
Public Hearing: PCl-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
Ore~ance 2.c..oo Approving the prezoning of 22.7 acres of
r-.UO?Jrimcorporated land to P-C Planned Community and adopting Mitigated
Negative Declaration on IS-94-19 and Mitigation Monitoring and
Reporting Program thereto
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~'E.r-.O\NG
S't.C~O
t>.NO
~t.t>.O\NG
S'E.crJAO
Ordinance '2<.01 Approving amendments to the Eastlake II
J.Ea.~N/At~ Expansion) Planned Community District Regulations (Land
~'District Map only) and adopting Mitigated Negative Declaration on
IS-94-19 and Mitigation Monitoring and Reporting Program thereto
Resolution 1,,"1\ 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-94-19 and
Mitigation Monitoring and Re orting Program thereto
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SUBMITTED BY: Director of Planning
REVIEWED BY: City Managc;r ~
(PI ~(,
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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:
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Page 2, Itemd
Meeting Date~
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
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Page 3, Item
Meeting Date 8/1
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 Residential/Low-Medium (3-6
dulac). They are planned for development at the midpoint of the density range (4.5 dulac),
thus a total of 97 dweJling units would be added to the previously approved 2,774 dweJling
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 dulac 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 dulac) to Medium (6-Il dulac). [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
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Page 4, Item
Meeting Date 8/
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-IO
is proposed to be expanded by 17.5 acres to incorporate the area between the
current southerly boundary ofEastlake 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.
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Page S, Item
Meeting Date 8/
Parcel Number
Dwellinl! Unit IncreaselDecrease
R-7
R-II
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
Dwellinl! Unit IncreaselDecrease
R-3
R-lO
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.
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Page 6, Item
Meeting Date 8/
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. Whiie the original high density designation
is not being pursued, the present allowable density of 4.5 dulac is intended to
be increased to 9.8 dulac 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 realignment 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 realignment 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 Ranch
General Development Plan.
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Page 7, Item
Meeting Date 8/
3. Eastlake II (Eastlake I Exoansion) Planned Community 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 cielnands
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 Ouality 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);
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Page 8, Item~
Meeting Date~
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-7rr.M. sheet #3, R-llrr.M. sheet #4, R-14rrM sheet #6,
R-3rrM 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/25 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.
ANALYSIS
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 Avenue, 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.
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Page 9, Item
Meeting Date 8/1
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 A venue 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 18-94-19 and Mitigation Monitoring and Reporting Program
Resource Conservation Commission Minutes (4/11/94)
Planning Commission Resolution PCZ-94-D/PCM-94-24/PCM-94-27/PCM-93-6/PC8-88-34
Planning Commission Minutes (7/27/94)
Disclosure Statement
M:\home\planning\2078.94
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PROJECT AREA
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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
ADDRElS: 900 LaDe Aveaae SPA/GDP/Prezone/P.C. Amendments
SCALE: FILE NUMBER: J'1 .~-
NONE -- ,
NORTH
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O~ANCE NO. ,;. "tJ(?
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~v:
~INANCE OF lHE CITY COUNCIL OF lHE CITY OF
VISTA APPROVING TIlE PREZONING OF 22.7
~~ ~ CRES OF UNINCORPORATED LAND TO P-C PLANNED
cP COMMUNITY (PCZ-94-D) AND ADOPTING MITIGATED
~<r) . NEGATIVE DECLARATION ON IS-94-19 AND MITIGATION
MONITORING AND REPORTING PROGRAM 1lIERETO
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 tpncmi~sion easement. 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 Eastiake 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 plAnning Commiosion held an advertised public bearing on slid
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 App\ication
WHEREAS. . duly called and noticed public bearing 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 bear public testimony with regard to same; and
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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 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 amended the
EastLake n (EastLake I Expansion) plAnnl"il Community District Regulations
Land Use District'Map. '
NOW, THEREFORE, the City of Cbula Vista does hereby fmd, determine and
, ordain 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 Cbula Vista has reviewed, analYzed and
considered the Mitigated Negative Declaration on IS-94-19 (known as Document
No. on file in the Office of the City Clerk) and comments thereon, the
environmental impacts therein identified for this project and the Mitigation
Monitoring and Reporting Program ("Program") (known as Document No. .on
file in the Office of the City Clerk) thereon prior to approving the Project. Based
on the Initial Study and comments thereon, the Council finds that there is ,no
substantial evidence that the Project .will have a significant effect on the
environment and thereby approves the Mitigated Negative Declaration.
B. Mitigation Monitoring and Reporting Program
The City Council of the City of Chula Vista finds that the aignificant
environmental effcct(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 WITII 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 ~view Procedures of the City of ChuIa Vista.
V. INDEPENDENT JUDGEMENT OF CITY COUNCIL
The City Council frods 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 frods 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 casement. north of E. Orange Avenue and west of Hunte Parkway
to PC (planned Community) as shown on Exhibit #1 hereto. .
vm. GENERAL CONDITIONS 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, shaH 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 sba11 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 shaH implement, or cause the implementation of, all portions of the
Mitigated Negative Declaration 1S-94-19 Mitigation Monitoring and Reporting
Program.
IX. CONSEQUENCE OF FAILURE OF CONDmONS
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 mtintained according to their terms, the City shaH 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 file 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 sba11 be deemed to be automatically revoked and of DO 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
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A PLANhID COMMUNITY IN 1Hl CITY Of CHULA VISTA
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CBULA VISTA PLANNING DEPARTMENT
(!) PIIOJICT DUCIIIPTlON:
E'PIIBIT ",1 Prezone or 22.7 ICres to
Planned Community (P-C)
'CALI: FILl NUMIIII: ..I1.<J r
NORTH N/A pez - 94 - D
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~~ AN ORDINANCE OF THE CITY COUNCn.. OF THE CITY OF
,.O~<:) CHULA VISTA APPROVING AMENDMENTS TO THE
S<:,v EASTLAKE n (EASTLAKE 1 EXPANSION) PLANNED
COMMUNITY DISTRICT REGULATIONS (lAm> USE
. DISTRICT MAP ONLY) AND ADOPTING MITIGATED
NEGATIVE DECLARATION ON IS-94-19 AND MITIGATION
MONITORING AND REPORTING PROGRAM THERETO
I. REClT ALS
A. Project Site
WHEREAS. the propenies 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 n (EastLake 1 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") filed an application requesting amendments to the EastLake D
(EastLake I Expansion) Planned Community District Regulations (known as
Document No. _ on file 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 planTWI Community (p.C.)
District Regulations previously approved by City Council Ordinance No. 2317
(EastLake n-EastLake 1 Expansion - planTWI Community District Regulations)
on July 18. 1989.
D. planning (:(>mmi~$ion 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 plannM Community District Regul~tion amendments in
accordance with the findings listed below.
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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 n (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 prezoning 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:
ll. 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 file 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 file in the Office
of the City Clerk) thereon prior to approving the Project. Based on the Initial
Study and comments thereon, the Council finds that there is no substantial
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evidence that the Project will have a significant effect on the environment and
thereby approves the Mitigated Negative Declaration.
B. Mitigation Monitoring and Reponing 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 signific!nce if the mitigation measures in the
Mitigation Monitoring and Reponing Program are implemented. The
Mitigation Monitoring and Reponing Program is hereby approved to ensure
that its provisi9ns are complied with.
ID. CERTIFICATION OF COMPUANCE WITII CEQA
The City Council does hereby fmd that the Mitigated Negative Declaration on IS-94-
19 and Mitigation Monitoring and Reponing 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.
IV. INDEPENDENT JUDGMENT OF CITY COUNCn.
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 II
(EastLake I Expansion) Planned Community District Regulations are consistent with
the City of Chula Vista General Plan, and public Decessity, convenience, the general
welfare, and good zoning practice support the amendments.
VI. CONDITIONAL APPROVAL OF ZONE AMENDMENTS
The City Council does hereby approve the PIIIn.-l Community District Regulation
amendment to the Land Use District Map, subject to the General Conditions set forth
below.
VII. GENERAL CONDITIONS OF APPROVAL
The approval of the foregoing pllInning 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 1S-94-19.
C. Implement the Mitigation Monitoring and Reporting Program
Developer shall implement, or cause the implementation of the Mitigation
Monitoring and Reporting Program 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 sha11 become
fmal upon annexation of said properties to the City of Chula Vista.
VIIl. 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 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.
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. INVALlDITY; 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 sba1l be deemed to be automaticaily 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 thinieth day from and after
its adoption.
Presented by
Approved as to form by
Bruce M. Boogaard
City Attorney
Robert A. Leiter
Director of Planning
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A PlANIlED CXlM>UITY 1'1 EASlI.AKE llEW.CI'MNI co.
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C) J ') 0_ 1- PIlOJECT DElCIlIPTION:
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ICALE: FILE NUMIEIl: Regulations Land se Districts
NORTH N/A PCM-94-24 Map Amendment
.
16- (.,
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Item g
Meeting Date 8/23/94
Resolution / 7 J,...2:J Accepting the Feasibility Study regarding a shared
biotechnical pilot manufacturing facility; authorizing payment to Nielsen Capital
Group, Inc.; and authorizing the Mayor and Mayor-Elect to sign a Letter of
Support for BioShare (\l
Director of Community Development f:JI'
City Manage~ ~~ (4/5ths Vote: Yes_No_KJ
ITEM TITLE:
REVIEWED BY:
BACKGROUND:
On February 4, 1994 Council approved an agreement with Nielsen Capital Group, Inc. for the preparation
of a feasibility study regarding a contract biotech pilot manufacturing facility within the new High
TechlBiotech Zone at the Eastlake Business Center. The study was intended to analyze the High
TechlBiotech Task Force's recommendation that the City act as a catalyst to the development of this type
of operation/facility in order to "seed" the Zone for tenant companies as well as "spin-off" full
manufacturing plants. The Study was approved in the amount of $18,500, with 50% to be paid up front
by Eastlake and the other 50% to be paid upon acceptance by the City.
RECOMMENDATION: That the Council accept the Feasibility Study regarding a contract biotech pilot
manufacturing facility; authorize final payment of $9,250 to Nielsen Capital Group, Inc.; and authorize
the Mayor and Mayor-Elect to sign the attached Letter of Support for BioShare (Attachment A).
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Need for a Contract Pilot Manufacturing Facilitv/Business
The San Diego area currently is home to numerous biotech pharmaceutical R&D firms. Only 2-3 have
moved into pilot manufacturing at this time. However, it is anticipated that many R&D firms will be
moving into pilot manufacturing and ultimately full manufacturing in the next 3-10 years. A contract
pilot manufacturing facility could potentially meet the needs of biotech pharmaceuticals going into Phase
I and Phase II clinical trials (pilot manufacturing). Current options are limited to the development by
individual companies of dedicated (stand-alone) pilot manufacturing plants, which is extremelv costly, or
"outsourcing", i.e. leasing pilot manufacturing space from traditional pharmaceutical companies (who
typically take a chunk of the ownership) or from foreign "contract" facilities This preliminary study was
done to determine the feasibility of developing a facility at Eastlake that could be leased out ("contracted")
to save companies moving from R&D to pilot manufacturing from having to go into real estate
development, just to have to leave the pilot plant after a year or so and build another full, scaled-up
manufacturing facility. The Feasibility Study was to evaluate market demand, the proposed scope of
~'J
Page 2, Item1
Meeting Date 8/23/94
operations and services, alternative forms of organization and governance, and roles for the City and for
Eastlake, and to make preliminary recommendations regarding how the City should proceed.
Studv Findings
The study concludes that a two-suite "process development and bacterial fermentation" contract production
facility (with expansion potential) is conceptually feasible. All biotechnology companies must conduct
clinical trials before bringing products to market. Highly regulated and specialized facilities are needed
for such production; however, at the present time such resources have to be purpose-built, typically at
great expense. Critics argue that such large cash outlays are directly associated with the volatility
experienced in the biotechnology capital markets.
Currently, the domestic biotechnology industry consists of more than 1200 compames who have
approximately 270 products in various stages of clinical trials. This supports the premise that the
biotechnology industry is just now maturing to a point where demand to support a contract manufacturing
facility will be sufficient.
The West Coast is an ideal location for such a facility due to the fact that California is home to about
one-half of the nation's biotechnology companies. The Chula Vista location would allow access and
coordination to occur between the client companies' operations and the contract facility. Excellent
transportation by air and overland as well as the facility being in the same time zone as facilities currently
in operation in California, Oregon and Washington will be important to the productivity of such a
coordination effort.
Several key factors to the successful implementation ofthis project include, but are not limited to: a good
business plan, an uninterruptable supply of water, special-purpose centralized utilities, timely entitlements,
an experienced management team, attraction of financing, being first to market, expertise in essential
technical areas, and necessary features of the physical plant itself. The study finds that a BioShare-like
facility is "fundamental to the establishment of biotech manufacturing businesses in the High TechlBiotech
Zone", and that "the window of opportunity exists now and may close should a competing facility
be announced elsewhere in the Western United States."
Formation of BioShare CoroorationlLetter of Support
Nielsen Capital Group, Inc., its sub-consultants, Mr. John Tedesco of Amylin Pharmaceuticals and Mr.
Aron Stern of Protein Polymer Technologies, and others, including Nielsen Construction Company and
its affiliates, are in the process of forming a California corporation called "BioShare" to establish and fund
the proposed contract manufacturing business in the City's High TechIBiotech Zone. They have requested
that the City approve the attached Letter of Support indicating the City's intent to cooperate with
"Bioshare" in order to achieve certain goals (see Attachment A). The stated goals are consistent with the
City's High TechlBiotech Zone program, and by supporting this proposal, the City is recognizing not only
the talent and expertise brought to the BioShare project, but also the keen time sensitivity of the proposal.
11'.;...
Page 3, Item
Meeting Date 8/23/94
y
The City Attorney has reviewed the letter and finds it to be acceptable. He has also drafted a related
letter to Mr. Carlin clarifying the fact that the City is not committing to any specific obligations at this
time or to compensate BioShare for any future work (see Attachment B).
FISCAL IMPACT: The Feasibility Study contract is for a total of$18,500. Eastlake has paid the initial
50% or $9,250. Council is requested to authorize the $9,250 balance to be paid from the previously
encumbered FY 1993/94 Economic Development budget (Account 100-261-5201). Approval of the Letter
of Support will require significant staff time to assist with the items delineated, but no direct cost will
be incurred by the City. In the event that any of the items referenced are determined to have a direct fiscal
impact to the City, each such item would be brought forward to Council for advance approval.
ATTACHMENTS (2) . ~~\)
Attachment A - Letter of Support datcd 8/9/94 <CO ~~..... .
Attachment B - City Attorney letter dated Si{(6 ).
[(CD/md) c:\wpSI\document\bioshre.113]
3"..J
RESOLUTION
J '7 t ~3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING
THE FEASIBILITY STUDY REGARDING A SHARED BIOTECHNICAL PILOT
MANUFACTURING FACILITY, AUTHORIZING PAYMENT TO NIELSEN CAPITAL
GROUP, INC., AND AUTHORIZING THE MAYOR AND MAYOR-ELECT TO SIGN A
LETTER OF SUPPORT FOR BIOSHARE
WHEREAS, on February 4, 1994 the City Council approved an agreement with
Nielsen Capital Group, Inc., for the preparation of a Feasibility Study regarding a contract
biotech pilot manufacturing facility within the new High Tech/Biotech Zone at the EastLake
Business Center; and
WHEREAS, the Study analyzed the High Tech/BioTech Task Force's recommendation
that the City act as a catalyst to the development of this type of operation/facility in order to
"seed" the Zone for tenant companies as well as "spin-off" full manufacturing plans; and
WHEREAS, Nielsen Capital Group, Inc. has completed the Feasibility Study which
concluded that a two-suite "process development and bacterial fermentation" contract
production facility (with expansion potential) is conceptually feasible; and
WHEREAS, Nielsen Construction Company and its affiliates are in the process of
forming a California corporation called "BioShare" to establish and fund the proposed contract
manufacturing business in the City of Chula Vista's High Tech/BioTech Zone and have
requested a Letter of Support indicating the City's intent to cooperate in order to achieve
certain goals which are consistent with the High Tech/BioTech Zone Program; and
WHEREAS, the City Attorney has reviewed the Letter and finds it to be acceptable
and has prepared a letter to Nielsen Capital Group, Inc., clarifying the fact the City is not
committing to any specific obligations at this time or to compensate BioShare for any future
work.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby
find, order, determine and resolve:
1. That the City Council accepts the Feasibility Study regarding a shared
biotechnical pilot manufacturing facility prepared by Nielsen Capital Group, Inc.
2. That the City Council hereby authorizes payment to Nielsen Capital Group, Inc.,
for its portion of the Feasibility Study.
3. That the City Council hereby authorizes the Mayor and Mayor-Elect to sign the
Letter of Support for BioShare as submitted to Council for approval.
~~
Ai 0 ED AS Tf FO
/ vk
(Bruce M. Boogaard
City Attorney
BY:
PRESENTED BY:
~
Chris Salomone
Community Development Director
[C:IWP51 ICOUNCILIRESDSIBIDSHA RE.RESI
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ATTACHMENT "A"
OFFICE OF THE MAYOR
TIM NADER
ON OF
-CHULA VISTA
August 9, 1994
Mr. Bruce Carlin
BioShare
clo Nielsen Capital Group, Inc.
P.O. Box 83848
San Diego, CA 92138-3848
Reference:
The City of Chula Vista's Support for BioShare
Dear Mr. Carlin:
In April of this year, the City of Chula Vista retained your services, as the principal of Nielsen Capital
Group, Inc., to advise the City regarding the feasibility of a shared or contract manufacturing facility for
the biotechnology industry. This facility would be located in the City's High Tech/Biotech Zone. Your
Feasibility Study report has been received and accepted by the City, and we understand from your research
that the proposed BioShare business appears to be feasible. Furthermore, you have indicated that you and
your sub-consultants and others, including Nielsen Construction Company and its affiliates, are in the process
of forming a California corporation called BioShare to establish and fund the proposed contract
manufacturing business in the City's High Tech/Biotech Zone.
We are pleased to inform you that the City Council has directed the undersigned to inform you, the other
co-founders of BioShare and your potential investors, clients and tenants that the City is in full support of
your efforts. In particular, pending our review of your business plan, the City intends to cooperate with
BioShare's efforts in order to achieve the following goals:
· To arrange for an uninterrupted supply of water to the contract manufacturing facility
and proximate dedicated biotech manufacturing facilities ("the Project") at reasonable
utility rates.
· To help arrange for specialized sewage treatroent and water reclamation facilities for
the Project.
· To arrange for the donation of approximately 6 acres of properly zoned and fully-
entitled land, by Eastlake Development Company, to BioShare for its use in
establishing the contract manufacturing business.
· To secure reservations from biotechnology company clients and sponsors for the
BioShare facility and services.
r.5
276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 919101(619) 691-5044
\
BioShare
August 9, 1994
Page 2
· To gain financial and other support for BioShare from investors and State and Federal
government officials.
· To establish terms for an exclusive Agreement between BioShare and the City,
whereby the City would exclusively support, and not compete with, BioShare's
efforts to establish the BioShare contract manufacturing business within the City's
High Tech/Biotech Zone at the Eastlake Business Center, and BioShare would agree
to develop the project in accordance with City approved plans.
The City of Chula Vista looks forward to working closely with you and your associates to establish tl1is
remarkable business opportunity in our community.
Sincerely,
Tim Nader
Mayor
Shirley Horton
Mayor-Elect
TN:SHfCDfmd
[(MD)c:\wp51\document\38.94(rev. August 10, 1994)1
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CITY OF CHULA VISTA
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ATTACHMENT "B"
ON OF
CHUlA VISTA
COMMUNITY DEVELOPMENT DEPARTMENT
August 17, 1994
Mr. Bruce Carlin
Nielsen Capital Group, Inc.
P.O. Box 83848
San Diego, CA 92138-3848
Dear Mr. Carlin:
On August 9, 1994, Mayor Nader and Mayor-Elect Horton wrote to you to express the City's
continuing strong support of your efforts to develop a BioShare contract biotech pilot manufacturing
facility/business. As you know, however, many of the significant terms of the City's ongoing
relationship with BioShare remain undetermined. Accordingly, the purpose of this letter is to clarify
the extent of the City's legal commitment to BioShare at this time with respect to the development of
the BioShare project.
While the City fully intends to cooperate with BioShare to work towards the goals outlined in the
August 9, 1994 letter, the City at this point in time has undertaken no specific duties or obligations
to BioShare to compensate BioShare for any continuing work in its development of the project or to
otherwise work towards the achievement of such goals other than the good faith obligation to 1) take
all reasonable measures mutually agreed upon by the City and BioShare to achieve such goals; and 2)
to meet and confer with BioShare and Eastlake on an ongoing basis in order to attempt to finalize the
terms of the formal agreements necessary to fully implement the BioShare project. Such agreements
will include, among others, the terms for providing uninterrupted water to the facility, the terms for the
provision of specialized sewage treatment and water reclamation facilities, the terms for the donation
of 6 acres of land to the project and the terms upon which the City would enter into an exclusive
arrangement with BioShare for the development of the project. The City retains its sole and unfettered
discretion in determining whether or not to approve any or all of such agreements.
Based upon the above understanding, the August 9 letter should not be submitted to any prospective
tenants, lenders or investors as evidence of the City's final commitment on any of these matters. In
the event that the letter is so submitted, BioShare and its principals shall be obligated to indemnify and
hold the City harmless from and against any and all third party claims against the City arising from such
submittal. If the terms of this letter are agreeable to you please execute the enclosed copy, where
indicated, and return to my attention.
Sincerely,
Bruce M. Boogaard
City Attorney
Approved and Agreed:
Bruce Carlin
IMDIC:IWP51IDDCUMENTI39.941
Y~7
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691 5047
COUNCIL AGENDA STATEMENT
ITEM 9
MEETING DATE 8/23/94
ITEM TITLE: Resolution / 7t:21 accepting California State Library -
California Library Services Act, Families For Literacy grant
funds awarded to the Chula Vista Literacy Team,
appropriating funds, and amending FY 1994-95 budget to
include .79 FTE positions.
SUBMITTED BY: Library Director~J\
REVIEWED BY, City """,,01 ~ (4/Sth> Vol" YES -"- NO ~
The Chula Vista Literacy Team has been awarded a California Library Services
Act Families For Literacy grant from the California State Library to develop
and offer special family literacy services to adult learners and their young
children. This is the fourth year that the Literacy Team has been awarded this
grant. These funds cannot be used to supplant the current tutor reading
program.
RECOMMENDATION: That Council adopt the resolution accepting the
Families For Literacy grant funds, appropriating funds, and amending FY
1994-95 budget to include .79 FTE positions.
BOARD/COMMISSION RECOMMENDATION: On March 23, 1994 the
Library Board of Trustees voted to support the Library's application for CLSA
Families For Literacy grant funds. (See Attachment A.)
DISCUSSION:
On May 17, 1994, the City Council ratified the Library's application for
Families For Literacy grant funds.
The Chula Vista Literacy Team has offered family literacy programming for
the past three years. The Family Reading Program was developed to break the
intergenerational cycle of illiteracy by providing in-service training for
volunteer tutors whose learners are parents of young children, special library
programming for those learners and their families, and a home collection of
quality children's books and magazines for each participating family. The
program is directed by a .36 FAMILY LITERACY COORDINATOR and
involves partnerships with South Bay Head Start, Chula Vista Elementary
School District's Even Start program, and with the Parent Education
Department of Sweetwater Union High School District. The grant also
includes a .43 Clerical Aid.
FISCAL IMPACT: $23,000 will be received to implement this program
through the Chula Vista Literacy Team. These funds will be appropriated into
fund 216-2163. (See Attachment B.)
9-/
Revised Item 9
RESOLUTION NO.
17624
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING CALIFORNIA STATE LIBRARY
SERVICES ACT, FAMILIES FOR LITERACY GRANT
FUNDS AWARDED TO THE CHULA VISTA LITERACY
TEAM, APPROPRIATING FUNDS, AND AMENDING THE FY
1994-95 BUDGET TO INCLUDE .79 FTE POSITIONS
WHEREAS, the Chu1a vista Literacy Team has been awarded
a California Library Services Act Families For Literacy grant from
the California State Library to develop and offer special family
literacy services to adult learners and their young children; and
WHEREAS, this is the fourth year that the Literacy Team
has been awarded this grant and the funds cannot be used to
supplant the current tutor reading program; and
WHEREAS, on March 23, 1994, the Library Board of Trustees
voted to support the Library'S application for CLSA Families for
Literacy grant funds.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chu1a vista does hereby accept the California State
Library Services Act, Families for Literacy grant funds awarded to
the Chula vista Literacy Team.
BE IT FURTHER RESOLVED that the amount of $23,000 is
hereby appropriated from the California Library Services Act Fund
into Fund 216-2163, and the FY 1994-95 budget is amended to include
.79 FTE positions, as follows:
5105 - Hourly Wages
.36 FTE Family Literacy Coordinator
.43 FTE Clerical Aid
5143 - Medicare
5145 - PARS
5224 - Training
5301 - Office/Program Supplies
5319 - Family Literacy Resources
5323 - Rent, Utility, Other
$19,469
282
730
100
500
1,500
419
$23,000
Dayid Palmer, Library Director
Approved as to form by
","if: ~~gJ:::
Attorney
Presented by
C:\rs\clsa
q-~
ATTACHMENT A
Library Board of Trustees
March 23, 1994
B. Coffee Cart at civic Center Library
Mrs. Blue reported that the Library has been approached
by two vendors who wish to place a coffee cart in the
civic Center Library. This concession would be open to
bid by other vendors and could possibly bring in revenue
between six to fifteen percent of sales. The Library
would like to see profits earmarked to upgrade computers
and equipment at the civic Center Library to the level
that will be available at the South Chula Vista Library.
Chair viesca
location and
areas.
stated concerns of liability, hours,
the issue of bringing coffee into book
C. Literacy Grants
1. Families for Literacy Grant
2. Literacy ABE 321
3. Community Development Block Grant
MSC (Donovan/Clover-Byram) the Library Board supports the
Literacy Team's application for three literacy grants,
Families for Literacy, AB321 and Community Block Grant.
Approved 3-0-2 with Trustees Alexander and Williams not
in attendance.
Mrs. Blue
Schofield
time of
training.
Library'os
(Director
relayed a request by Literacy Coordinator Meg
to use Conference Room One on April 27th, the
the Trustee's next meeting, for literacy
The Library Board agreed to meet in the
Lower Level Conference Room on April 27th.
Palmer arrived at 4:12 pm)
IV. LIBRARY DIRECTOR'S REPORT
Director Palmer reported that during his meeting with the City
Manager the opening date for the South Chula Vista Library was
tentatively scheduled in late January with a dedication in
December. Staffing, hours, budget cuts, revenue projections
and other issues regarding the Library budget were also
discussed. (Trustee Williams arrived at 4: 23 pm) Trustee
Clover-Byram asked Mr. Palmer to prepare a one page synopsis
of the status of the Library's budget before the next meeting.
3
9-3
ATTACHMENT B
FAMILIES FOR LITERACY BUDGET
FY 1994-95
8/09/94
BUDGET ACCOUNT: 216-2163
5105 - Hourly Wages:
.36 Family Literacy Coordinator
.43 Clerical Aid
$19,469.
5143 - Medicare
$282.
$730.
5145 - PARS
5224- Training
$100.
$500.
$1,500.
$419.
5301 - Office/Program Supplies:
5319 - Family Literacy Resources:
5323 - Rent, Utility, Other
TOTAL:
$23,000.
9- J./
COUNCIL AGENDA STATEMENT
/7/'l~ MEETING DATE
Resolution Approving South Chula vista Library
Change Order No.8 with Douglas E. Barnhart, Inc.,
for framing, lighting, mechanical/electrical and
other miscellaneous changes.
SUBMITTED BY: Director of Public works~
Library Director~\.
REVIEWED BY: City Manager~~~ (4/5ths Vote: Yes___No-K-)
On November 2, 1993, Council awarded the construction contract for
the South Chula vista Library to Douglas .E. Barnhart, Inc.
Construction of the South Chula vista Library is being monitored
jointly by the project management firms of Starboard, Inc. and
Project Solutions, Inc. as well as by the City's Buildings project
Supervisor. They have worked with the California State Library,
the contractor and the architect to insure that the changes
included in change Order No. 8 are necessary and advisable and that
the City achieves the greatest possible value. Since the Library
Construction and Renovation Bond Act grant provides for
reimbursement for 65% of the building project, including change
orders, all change orders must also be approved by the State Bond
Act Manager.
ITEM
Auqust 23.
/0
1994
ITEM TITLE:
RECOMMENDATION: That Council approve Change Order No.8 inclusive.
BOARD/COMMISSION RECOMMENDATION: Not Applicable
DISCUSSION:
change Order No.8, as approved by the State Bond
totals $10,556 and incorporates a number of elements.
the work is as follows:
Act Manager,
The scope of
Framinq
1. The manufacturer of the book theft security system
has recently provided detailed specifications that
require a change in the design of the detection
system enclosure at the Literacy/Meeting Room
entrance to insure that there is no metal within
three feet of the system.
Add: $3,912
2. Reconfigure metal stud framing in the pyramids to
accommodate HVAC duct work and insulation.
Add: $3,458
/II,j
ITEM / ()
MEETING DATE
, PAGE 2
8/23/94
3. Adjust framing to conceal track and jamb for Main
Entrance Door and to allow the doors to be manually
opened during loss of power as required by the Fire
Marshal.
Add: $997
4. Modify walls adjacent to Children's Room Emergency
Exit to meet handicapped requirements.
Add: $835
5.
Modify Children's story Room
more privacy within the room
request.
entrance to create
per the Library's
Add: $541
6. Add roof cricket (built-up plywood and framing) at
one specific spot (gridline 9.3) to prevent water
pooling and insure adequate drainage.
Add: $830
Mechanical/Electrical
1. Add cut outs in the mechanical mezzanine for
additional ventilation below the equipment per the
mechanical engineer's recommendation.
Add: $1,424
2. Relocate electrical panel due to conflicts in
electrical and mechanical drawings.
Add: $1,404
3. Relocate two smoke detectors, add one motion sensor
and relocate one speaker per Fire Marshal's
request.
Add: $2,195
Liqhtinq
1. Delete light fixtures inside the small round
skylights located in Children's story Hour Room due
to height of the lights above the floor and the
difficulty in maintaining them. The deletion of
/~..J..
ITEM /p, PAGE 3
MEETING DATE 8/23/94
these light fixtures will not affect overall light
levels in the room.
Credit: $7,616
2. Add additional downlights at the browsing area to
increase light levels for readers per the state
Library Bond Act Manager and the Library.
Add: $3,308
Miscellaneous
1. Increase depth of Avonite baby changing tables in
the restrooms from 24 inches to 30 inches in the
Children's Room for safety reasons.
Add: $122
2. Consolidate all fountain pool equipment into one
vaul t for ease of maintenance. Delete duplicate
control panel and wiring.
Credit: $854.
As required by the Library Construction and Renovation Bond Act,
the elements in change Order No. 8 have been approved by the
Library Bond Act Manager. Staff is in agreement that the proposed
changes are required, however, there is disagreement as to who is
responsible for the cost of these changes. Staff is proceeding
with Change Order No. 8 in order not to delay completion of the
library. However, approval of this change order does not waive any
claims the City may have against the architect for errors in
design. Staff will be meeting with the City Attorney to discuss
the City's rights and Council will be advised as appropriate.
Previous Chanqe Orders
Previously approved changer Orders 1 - 7, for a wide variety of
elements, have totalled $200,302.46 and include:
Change Order No. 1 was a reduction in the scope of work and reduced
the bid amount by $464,783. This Change Order did not impact the
contingency fund and is not included in the overall tally.
Change Order No. lA, totalling $7,302.46, was for Builder's Risk
Course of Construction Insurance and removal of concrete footings.
Change Order No.2, totalling $4,910, was for additional conduit,
revised glu-lams and two junction boxes.
I/)-J
ITEM J tl, PAGE 4
MEETING DATE 8/23/94
Change Order No.3, totalling $22,182, was for landscaping and
irrigation installation. Funding for a portion of this change
order ($18,682) was provided by the Public Works Department.
change Order No.4, totally $9,588, was for a variety of elements.
change Order No. 5 for City initiated, utility or code required,
HVAC coordination and force account work totaled $93,416.
change Order No.6 totaled $17,195 and added an exterior fountain
in the entrance courtyard. The entire Change Order was funded by
the Friends of the Chula vista Public Library.
Change Order No.7 totaled $45,709 for lighting, sound insulation,
structural elements and other miscellaneous changes.
Future Chanqe Orders
The Project Manager continues to estimate that no more than fifty
percent of the contingency budget will ever be needed for this
project. Future change orders are anticipated to accommodate
City/library initiated requests to increase lighting in the
entrance courtyard for security/safety purposes and to increase the
number of power outlets along one wall in the Computer Lab.
Additionally, the wrong colored exterior wall product was
to the site which needed to be immediately rectified.
City Manager's approval, the product was returned and
The City is currently in negotiations over this item.
delivered
With the
retinted.
FISCAL IMPACT:
The proposed Change Order No. 8 totals $10,556. Funding is
available in the South Chu1a vista Library project's contingency
fund. The Library Construction and Renovation Bond Act grant
reimburses 65% or $6,861. The City's share is 35% or $3,695.
The total aggregate of change order work funded with library
construction funds (#la through 8, inclusive) is $210,858.46 or
3.5% of the bid award. There has been a $35,877 increase in the
contingency fund due to monies coming from the Public Works
Department for public right-of-way improvements and from the
Friends of the Library for the exterior entrance fountain.
The remaining balance of the library's contingency fund will be
$434,228.54 after the deduction of Change Order No.7.
I~" "I
RESOLUTION NO. 17/,.25'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SOUTH CHULA VISTA
LIBRARY CHANGE ORDER NO. 8 WITH DOUGLAS E.
BARNHART, INC., FOR FRAMING, LIGHTING,
MECHANICAL/ELECTRICAL AND OTHER MISCELLANEOUS
CHANGES
WHEREAS, on November 2, 1993, Council awarded the
construction contract for the South Chula vista Library to Douglas
E. Barnhart, Inc.; and
WHEREAS, construction of the South Chula vista
being monitored jointly by the project management
starboard, Inc. and Project Solutions, Inc. as well
City'S Building Projects Supervisor; and
Library is
firms of
as by the
WHEREAS, Change Order No.8, as approved by the State
Bond Act Manger, totals $10,556 and incorporates a number of
elements including framing, mechanical/electrical, lighting and
other miscellaneous changes necessary to meet State Library
requirements; and
WHEREAS, the project management firms have worked with
the California State Library, the contractor and the architect to
insure that the changes included in Change Order No. 8 are
necessary and advisable and that the City achieves the greatest
possible value.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve South Chula vista Library
Change Order No. 8 with Douglas E. Barnhart, Inc. in the amount of
$10,556 for framing, lighting, mechanical/electrical and other
miscellaneous changes.
Presented by
A7r ed a
, 't
! I
o formfy
David Palmer, Library
Director
A..INu./
a d, city
Bruce M.
Attorney
C:\rs\library.co8
1""5" /10- 6
STATE LIBRARY INITIATOR ~ 8
PROJECT NO. P86-032
CITY OF CHULA VISTA
CHANGE IN CONTRACT
CHANGE ORDER NO:
DATE:
JOB ~
CONTRACT:
CONTRACTOR:
008 COUNCIL APPROVAL:
August 9, 1994 DATE:
LB-125
South Chula Vista Library
Douglas E. Barnhart Inc.
The following addition
executed September 22,
Douglas E. Barnhart Inc.
shall be made to INCREASE the contract
1993 between the City of Chula Vista and
REMARKS AND DETAILS: Changes in plans and specifications at an
agreed upon pr ice. Change order ~ 008 includes several proposals
which are all requested by either City staff or by the Architect to
enhance the remodel project at the South Chula vista Library. An
itemized breakdown follows:
SEE ATTACHED DOCUMENTATION
CHANGE ORDER #008 SUM:
s
10,556.00
ORIGINAL CONTRACT AMOUNT
S 5,973,201.00
S 200,302.46
S 6,173,503.46
S 10,556.00
S 6,184,059.46
PREVIOUS CHANGE ORDERS TOTAL
PREVIOUS CONTRACT AMOUNT
THIS CHANGE ORDER NO.008
REVISED TOTAL CONTRACT
It is agreed
performed and
contract and
hereto.
by the undersigned that all extra work
mater ial furnished in accordance wi th the
in accordance with the statement,if any,
shall be
original
attached
APPROVED BY:
APPROVED BY:
John P. Lippitt
Director Of Public Works
City Of Chula Vista
Douglas E. Barnhart
Owner
Douglas E. Barnhart Inc.
ORDERED BY:
GENERATED BY:
Dick Thompson
Ci ty Of Chula Vista /p... 7
Building Project Supervisor
Albert deBerardines
Project Manager
Starboard Construction Inc.
/
CONSTRUCTION CONTINGENCY
FISCAL INFORMATION
CONSTRUCTION CONTINGENCY
Original Contingency Allowance:
Net Change All Previous Change Orders:
Contingency Allowance Ballance Available:
BUDGET INCREASE FUNDING SOURCE
PUBLIC IMPROVEMENTS ($18,682.00)
BUDGET INCREASE FUNDING SOURCE
FRIENDS OF THE LIBRARY ($17,195.00)
Net Change This Change Order H008
New Contingency Allowance Balance:
It? - 8"
$609,210.00
<$200,302.46>
$408,907.54
$427,589.54
$444,784.54
<$10,556.00>
$434,228.54
SUMMARY OF CHANGE ORDER NO. 008
1. During the construction process, it was determined that
an aesthetic benefit to the project would be achieved
to conceal the theft deterrent system at the literacy
center entrance and revise door #132 from a steel gate
to wood doors.
ADD $3,912.00
2. The mezzanine area that houses the mechanical unit is
extremely tight and does not allow ventilation below
the equipment. The mechanical engineer recommends
providing cut-outs in the mechanical screen to provide
cross-ventilation.
ADD $1,424.00
3. The metal stud framing in the pyramids must be re-
configured to accommodate the H. V.A.C. duct work and
insulation. (log No. 71 and 68)
ADD $3,458.00
4. Provide framing to conceal track and jamb for door
# 101.
ADD $997.00
5. Add roof cricket at grid line 9.3 to facilitate roof
drainage.
ADD $830.00
6. Modify walls adjacent to door # 112 to meet handicap
requirements.
ADD $835.00
7. The wall opening detail at the children's story hour
room is too large and will cause distraction from the
adjacent space. Solution is to fir in wall opening to
create more privacy in this space.
ADD $541. 00
8. Increase depth of Avonite changing table from 24" to
30" at rooms 107 and 108.
ADD $122.00
;".9
9. The specified fixture at the children's area ceiling
located inside the round skylights was provided to
enhance the architectural ambiance in the space. Due to
the height of the lights above the floor and the
difficulty of access for maintenance, the project team
recommends deletion of this fixture type O. The
deletion of ~hese fixtures will not affect light levels
for reading.
CREDIT <$7,616.00>
10. In discussion with the state Library, additional down
lights at the browsing area are recommended to increase
light levels in the space.
ADD $3,308.00
11.
Various
control
at rooms
located.
conflicts exist between electrical drawing
devices verse mechanical drawings and conflict
123 and 124. Motor control devices to be re-
ADD $1,404.00
12. The following are requests by the Fire Marshall and
miscellaneous electrical devices that need to be
relocated.
A. Provide two (2) smoke detectors at mezzanine.
ADD $1,100.00
B. Add one (1) motion sensor in room 150.
ADD $840.00
C. Re-Locate one (1) speaker in reading court yard.
ADD $243.00
13.
Value engineering allowed
consolidated in one (1) vault.
and wiring to be deleted.
pool equipment to be
Duplicate control panel
CREDIT <$854.00>
/" 'It?
COUNCIL AGENDA STATEMENT
Item / I
Meeting Date 8/23/94
ITEM TITLE: Resolution 17~,). t, Authorizing the City Engineer to exercise the
City's right to take over and utilize a portion of Rancho Del Rey Parkway
and Del Rey Boulevard .
SUBMITTED BY: Director of Public wor~ ('
REVIEWED BY: City Manager~ ~ ~ (4/5 Vote: Yes_No X )
McMillin Company, in the process of developing the Rancho Del Rey subdivision has built portions
of Rancho Del Rey Parkway and Del Rey Boulevard that serve individual subdivision units within
the overall development that are "backbone" streets and essential to serve those individual tracts.
Because the subject streets were constructed and bonded as part of the individual tracts they
ordinarily will not be accepted by the City until the work on the entire subdivision is complete. The
future residents of these subdivisions will be using these streets which have not been accepted into
the public system for maintenance and McMillin has a concern over the liability. The" Standard
Specifications for Public Works Construction" (Green Book) provides a method for the City to take
over the use of these streets before their final acceptance. Staff recommends that the City Council
authorize the City Engineer to exercise the City's right to take over early use of these two backbone
streets.
RECOMMENDATION: Approve the resolution authorizing the City Engineer to exercise the
City's right to take over and utilize portions of Rancho Del Rey Parkway and Del Rey Boulevard.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
In the course of developing Rancho Del Rey (RDR) SPAs I and II, McMillin constructed portions
of Rancho Del Rey Parkway and Del Rey Boulevard which serve as backbone streets necessary to
provide service to the individual tracts. Construction of portions of those streets were included as
part of the requirements for RDR phase 5, units 1 and 2 and phase 6, units 1 and 2, were included
in the subdivison agreements and bonded as part of those subdivisons. Rancho Del Rey Parkway
and Del Rey Boulevard have been completed and the use of these streets is necessary for the publics
access to the indicated subdivisons which are either being built and sold or occupied. The City has
not accepted the streets because all of the conditions of the Subdivision Agreements have not been
met and we can not release the bonds, nor do a partial acceptance without amending the agreement.
Attached is a map showing the streets proposed to be taken over by the City (Exhibit A). The City
will accept all of the streets and release the bonds after all the streets in the subdivision have been
completed. Until that time McMillin, or their guest builder, is responsible for maintenance of the
streets and liability for any accidents that may occur on them if the City does not take them over.
Attached is McMillin's letter requesting the City to take over the streets.
City staff has reviewed the request and concurs that the subject streets should be taken over by the
/)" )
Page 2, IremJL
Meeting Date 7/26/94
City as being in the public interest. If the streets are not taken over by the City, McMillin has
indicated that they will open only Rancho Del Rey Parkway, not Del Rey Boulevard, and only at the
east end immediately west of Pas eo Ranchero. Since these streets serve several internal subdivisions,
and Rancho Del Rey Parkway is also necessary to serve Discovery School, the streets are necessary
for the future residents to access their individual subdivisions. In addition, the opening of Del Rey
Parkway will cut the travel time down by the residents and may also help reduce a temporary
increase in traffic at the intersections serving the new developments in the business center.
Section 6-10 of the Standard Specifications for Public Works Construction (Green Book) provides
for the use of improvements during construction. This section states that the agency reserves the
right to take over and utilize all or part of any completed facility or appurtenance. It further
provides that such action by the agency will relieve the contractor of responsibility for injury or
damage to the completed portions of the facility resulting from the use by public traffic, but does not
relieve the contractor from full responsibility for correcting defective work or materials. All bonds
will remain in place until these streets are formally accepted along with the appropriate subdivisions.
Section 6-10 also provides that McMillin is not relieved from responsibility and liability caused by
their operations or negligence, or any omission by them, their contractors, subcontractors, officers,
employees or agents. Attached for information is a copy of Section 6-10.
FISCAL IMPACT: There will be no major fiscal impact unless an accident takes place and the City
is sued. Such costs are no more than would ordinarily be incurred by the City after the street is
formally accepted in the City's system. Since McMillin will need to correct any deficiencies before
acceptance, there will be no fiscal impact other than routine street sweeping.
Attachments:
Letter from McMillin
Map Showing Streets to be Taken Over
CLS/EY -338
M:\home\engineer\agenda\strects2.l;ls
/1'" ..2
RESOLUTION NO.
I'll, .2.1,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY ENGINEER TO
EXERCISE THE CITY'S RIGHT TO TAKE OVER AND
UTILIZE A PORTION OF RANCHO DEL REY PARKWAY
AND DEL REY BOULEVARD
WHEREAS, McMillin Company, in the process of developing
the Rancho Del Rey subdivision has built portions of Rancho Del Rey
Parkway and Del Rey Boulevard that serve individual subdivision
units within the overall development that are "backbone" streets
and essential to serve those individual tracts; and
WHEREAS, because the subj ect streets were constructed and
bonded as part of the individual tracts they ordinarily will not be
accepted by the city until the work on the entire subdivision is
complete; and
WHEREAS, the future residents of these subdivisions will
be using these streets which have not been accepted into the public
system for maintenance and McMillin has a concern over the
liabi li ty; and
WHEREAS, the "Standard Specifications for Public Works
Construction" (Green Book) provides a method for the City to take
over the use of these streets before their final acceptance; and
WHEREAS, staff recommends that the city Council authorize
the city Engineer to exercise the city's right to take over early
use of these two backbone streets.
NOW, THEREFORE, BE IT RESOLVED the city council of the
city of Chula vista does hereby accept McMillin's offer to take
over early the designated portion of Rancho Del Rey Parkway and Del
Rey Boulevard on the condition they will agree in writing to
continue to correct defective work and maintain the street sections
for the warranty period running from the date of the final
acceptance of improvements. (
Presented by
orm by
J)
John P. Lippitt, Director of
Public Works
Bruce M.
Attorney
City
C:\rs\street2.cls
I/-:J /11-1
m
Q\ 'OlD DEL ill
m;II,)c)\Tl.!.\\t
N.\T1l1SIL CITY
c,\ 920'JQ- 61:>1'5
(61 g) 477 4117
August 2, 1994
Mr. Cliff Swanson
Deputy Public Works Director/City Engineer
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
RE: Request for Acceptance of Streets for Public Use Rancho Del Rey
Phase 5, Unit 1 (12501), Phase 5, Unit 2 (12502),
Phase 6, Unit 1 (12503), Phase 6, Unit 2 (12504)
Dear Mr. Swanson:
Much to my surprise, Phase 5, Units 1 and 2 have not cleared the inspection
department for Council acceptance into the public maintenance status. This is a
little embarrassing in lite of the recent acceptance of Cllmino Biscay by Discovery
School which I now realize does not have a publicly maintained connection. So,
we need to act quickly to put everything in order for the ultimate acceptance of
all four subdivisions.
Under the 6-10 provision of the Green Book, please accept the following
completed and inspected streets for public use:
Phase 5 Unit 1:
Rancho Del Rey Parkway - Unit Boundary to Boundary
Phase 5 Unit 2:
Rancho Del Rey Parkway - Unit Boundary to Boundary
Phase 6 Unit 1:
Rancho Del Rey Parkway - Unit Boundary to Boundary
1/-5
ClifT Swanson
City of Chula Vista
August 2, 1994
Page two of two
Phase 6 Unit 2:
Rancho Del Rey Parkway - Unit Boundary to Boundary
Del Rey Boulevard - Rancho Del Rey Parkway to East "R" Street
Signalization - Signal at Del Rey Blvd. and East "R" Street.
Please note that all of the above work is completed. Punch list items on Phase
6, Unit 1 and 2 are being corrected now. The guest builder in Phase 6, Unit 1 is
expecting occupancy by August 13, 1994. If at all possible, this should be
implemented prior to that date.
Your immediate attention to this matter will be deeply appreciated.
Yours truly,
ifl f//~
Ed Elliott
Executive Vice President
Engineering Development
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GRANT /JEEO Ap NO. 91-00~b5t'l..'''.
LOT 1/ .ffivA' 2-28-91 (AOJUSTMENl'il""
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Exhibit D
.
6-10 USE OF IMPROVEMENT DURING CONSTRUC-
TION. The Agency reserves the right to take over and utilize
all or part of any completed facility or appurtenance. The Con-
. tractor will be notified in writing in advance of such action.
Such action by the" Agency will relieve the Contractor of re-
sponsibility for injury or damage to said completed portions of
the improvement resulting from use by public traffic or from
the action of the elements or from any other cause, except in-
jury or damage resulting from the Contractor's operations or
negligence. The Contractor will not be required to reclean such
portions of the improvement before field acceptance, except for
cleanup made necessary by its operations. Nothing in this
section shall be construed as relieving the Contractor from full
responsibility for correcting defective work or materials.
In the event the Agency exercises its right to place into
service and utilize all or part of any completed facility or
appurtenance, the Agency shall assume the responsibility
and liability for injury to persons or property arising out
of or resulting from the utilization of the facility or appurte-
nance so placed into service, except for any such injury to
pers'ms or property caused by any willful or negligent act or
omission by the Contractor, Subcontractor, their officers, em-
ployees or agents.
//"'1
COUNC:IL AGENDA STATEMENT
:It_
/,,2,
Meetinq Date
8/23/94
ITEM T:ITLE:
Public Hearing to determine City Manager's reasons
for termination of Lyman Christopher pursuant to
section 500(b) of the city Charter
Resolution 174.2 7 accepting the city Manager's
statement of reasons for termination of Lyman
Christopher
SUBMITTED BY: city Manager. )'
,-,'/
(4/sths Vote: Yes___ No-X-)
On March 17, 1994, Lyman Christopher was dismissed from his
position as Director of Finance for the City of Chula vista. Mr.
Christopher has, through his complaint in litigation, argued that
he has not been provided an opportunity for a "name clearing
hearing" under section 500 (b) of the Chula vista City Charter.
This hearing will constitute that opportunity.
The City Manager's written statement of the reasons for Mr.
Christopher's dismissal is attached, and was sent to Mr.
Christopher and his attorney on August 4. Mr. Christopher, through
his attorney, has indicated that although he does not withdraw his
litigation position with respect to the "name clearing hearing", he
does not intend to file a written response or otherwise participate
in this hearing.
RECOMMENDATION: That Council:
1. Follow the recommended order of business for conducting
a "name clearing hearing" provided below.
2 .
Adopt the resolution
statement of reasons
Christopher.
accepting the city
for the termination
Manager's
of Lyman
BOARD/COMMISS:ION RECOMMENDAT:IONS: N/A
DISCUSS:ION:
A copy is attached of section 500(b) of the City Charter which
addresses the removal of officers and employees in the City's
unclassified service. Section 500 (b) gives an employee who is
unclassified (a department head or other "at will" employee) that
has been dismissed by the city Manager, city Attorney, or city
Clerk the right to request and receive a written statement of the
reason for their dismissal. Section 500(b) also provides for a
public hearing to be held by the City Council regarding the
requested statement of reasons for dismissal, and gives the Council
the authority to investigate the truth or falsity of the reasons
1
/).-'/
Meeting Date
8/23/94
for dismissal.
This type of hearing is sometimes referred to as a "name clearing"
hearing because it provides an opportunity in an open public forum
for dismissed employees in the unclassified service to refute
charges against them. The last sentence of section 500(b) clearly
indicates, however, that it shall not be construed as in any way
limiting the authority and power of the City Manager to remove an
employee in the unclassified service such as the former Director of
Finance, and specifies that all such removals by the City Manager
shall be final and conclusive.
On November 19, 1993 Mr. Christopher's attorney sent a letter to
the City Manager requesting a statement of the reason for his
dismissal. This request was verbally suspended shortly after it
was made. In his complaint in litigation, however, Mr. Christopher
has alleged that the city has ignored his request for a statement
of the reason for his dismissal and that the City has failed to
conduct a name clearing hearing.
On August 4, therefore, the City Manager sent the attached
statement of reasons for Mr. Christopher's dismissal to Mr.
Christopher and his attorney. As indicated in the attached letter
dated August 3, 1994 from the City Manager to Mr. Christopher and
his attorney, they were notified of this August 23 hearing and
asked to submit any written response they wished to provide by
August 16, 1994. As of August 15, neither Mr. Christopher nor his
attorney had provided any written response to the city Manager's
written statement of reasons for Mr. Christopher's dismissal, so
staff contacted Mr. Christopher's attorney to determine whether
they would be submitting any written response that should be
included in the Council's packet with this agenda statement. Mr.
Christopher's attorney, Ms. Cheryl RUffier, advised staff on August
16 that they will not be submitting a written response nor
participating in the public hearing. If any written response is
provided by Mr. Christopher prior to the packets being delivered to
the city Council on August 18, it will be included in the packet
after the attachments to this agenda statement.
We recommend the following order of business at the hearing:
1. Open the hearing.
2. Receive into the record of the proceedings the following
documents:
A. August 3, 1994 letter from the city Manager to Lyman
Christopher giving notice of this hearing and
transmitting the statement of reasons for dismissal.
B. The written statement of Reasons for Dismissal of Lyman
Christopher as Director of Finance prepared by the city
2
/.2. - :2.
Meetinq Date
8/23/94
Manager, dated August 3, 1994.
C. This August 23, 1994 Council Agenda statement regarding
this public hearing.
3. Staff Report:
The dismissed employee has the right to file a written reply
or answer to the charges, and that reply would be made a part
of the record and of this hearing. The dismissed employee was
notified of this right and of this hearing. No written reply
or answer to any of the reasons for dismissal has been
received by the city from Mr. Christopher or his attorney, or
from any other party. No other report.
4. Public Comment.
Call on any member of the public to provide evidence on this
matter.
5. Council Discussion.
Discussion is not required if the Council finds the City
Manager's statement of reasons acceptable.
6. Close the Public Hearing.
7. Staff Recommended Action:
Adopt the attached resolution.
FISCAL IMPACT: N/A
List of Attachments:
1. Letter to Lyman Christopher dated August 3, 1994
2. City Manager's written statement of reasons for dismissal of
Lyman Christopher as Director of Finance, dated August 3, 1994
3. Copy of section 500(b) of the City Charter
B:\(AGENDA)\LCl.W'P
3
/01 r :J
RESOLUTION NO.
/7/,;. 7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE CITY MANAGER'S
STATEMENT OF REASONS FOR TERMINATION OF LYMAN
CHRISTOPHER
WHEREAS,
terminated from his
Chula Vista; and
on March 17, 1994, Lyman Christopher was
position as Director of Finance of the city of
WHEREAS, Lyman Christopher has,
implicitly requested a statement of reasons
under section 500(b) of the Chula vista City
by his
for his
Charter.
complaint,
termination
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby find, determine, resolve and
order as follows:
Section 1. That the City Council has conducted a public
hearing in compliance with Section 500(b) in which it has received
and filed the City Manager's written statement of the reason for
such dismissal, any written reply or answer submitted by Lyman
Christopher and any other written documents submitted for the
purposes of this 500(b) hearing.
Section 2. The City Council finds that there has been
proper compliance with Section 500(b) and that Mr. Christopher has
been given proper opportunity in an open public forum to refute the
charges made against him.
Section
statement of the
Manager, attached
3. The City Council
reason for the dismissal
hereto as Exhibit A.
accepts the written
prepared by the city
section 4. The city Clerk is directed that all written
documents, including the city Manager's written reasons for such
dismissal, any reply of the dismissed appointee or employee, these
findings and decision of the Council, and any documentary evidence
used at this hearing (excising any references which may violate
employee privacy rights) shall be filed with the Clerk's Office as
a public record, open for inspection at any time.
Section 5. It is further resolved that nothing herein
contained shall be construed as in any way limiting the authority,
power and decision of the city Manager to remove Mr. Christopher
from his employment in the Unclassified Service of the City. That
removal remains final and conclusive.
I
ved as
~A
form by
Presented by
A
John D. Goss, city Manager
/
{
Bruce M.
Attorney
C:\rs\lYlllan
/:1. -if
EXHIBIT A
.
August 3. 1994
FROM:
SUBJECT:
The Honorable Mayor and City Council
John D. Goss, City Manage~
WRITTEN STATEMENT OF REAS~ FOR DISMISSAL OF LYMAN CHRISTOPHER AS
DIRECTOR OF FINANCE
TO:
This written statement of reasons for dismissal of Lyman Christopher as Director
of Finance is made pursuant to Sect i on 500( b) of the City Charter, upon the
request of Mr. Christopher.
As a result of continuing concerns regarding certain management decisions made
by the former Finance Director in reference to certain personnel issues within
the department, as well as new complaints by employees of the Finance Department,
an in-depth, fact-finding review and evaluation of activities within the
department took place. This review resulted in my conclusion that Mr.
Christopher had not engaged in any violation of law or City policies or
procedures.
However, as a result of this investigation and evaluation of these complaints,
it became clear Mr. Christopher had exercised poor management judgment in
handl ing a variety of complaints and concerns by employees in his department over
a period of time. I determined that certain employees with complaints or
concerns had not been effectively dealt with, that, in certain cases, 10ng-
stand i ng i nterpersona 1 conf 1 i ct wi th i n the department was not effect i ve 1 y
addressed, that Mr. Chr is top her had 1 os t the support of a 1 arge number of
employees in his department, and his ability to lead was lost.
As a consequence of the information that had developed prior to and in more
detail during the in-depth review of the complaints, I lost confidence in Mr.
Chr i stopher's ab i 1 ity to lead the Finance Department and cont i nue as its
Director. I determined it was best for the organization to exercise my right
under the Charter to remove him from this position.
Pursuant to Section 500(b), the Council shall fix a time and place for public
hearing, at which hearing the Council has authority to investigate the facts set
forth in this letter containing the reasons for Mr. Christopher's dismissal. Mr.
Christopher shall have the right to submit a written reply or answer to this
letter, which has been sent to him. This letter, any reply, and any findings and
decision, including the evidence used at the hearing are public record, open fur
inspection at any time.
You wi 11 be adv i sed of the time and date for hear i ng through add it i ona 1
correspondence.
JDG:mab
cc: Lyman Christopher
Cheryl Ruffier
I~-~
~\f?,
:- ~~ -:
~~......,;......
~ ..................
---
CllY OF
CHULA VISTA
OFFICE OF THE CITY MANAGER
August 3, 1994
Lyman Christopher
5229 Adams Avenue
San Diego, CA 92115
Dear Mr. Christopher:
Enclosed please find my written statement of reasons for your dismissal as
Director of Finance pursuant to City Charter Section 500(b).
If you wish, you may respond in writing by August 16, 1994.
The date for the public hearing has been set for 8/23/94 at 6:00 p.m., or as soon
thereafter as the business of the City Council permits, in the City Council
Chambers.
Very truly yours,
JDG:mab
Enclosure
cc: Cheryl Ruffier, Esq.
Mayor and (ity Counci I
l1'~
,.
D. Goss
Manager
I:J-t.
276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 919101(619) 691-5031
I
I
I
ARTICLE v.
OFFICERS AND EMPLOYEES.
Sec. 500.
Appointment and Removal of Officers and
Department Heads.
I
(a) Appointment. The City Manager, City Attorney and City
Clerk shall be appointed by and serve at the pleasure of the city
council and shall be in the Unclassified Service. In addition,
there shall be in the Unclassified Service a private secretary for
the City Manager, City Attorney and the Mayo~ and Council who shall
be appointed by the respective officers for whom they serve. All
other officers and department heads of the City and the Assistant
City Manager shall be appointed by the City Manager subject to the
approval of the City Council. The City Attorney shall also appoint
Assistant or Deputy City attorneys as may be authorized by the
council, subject to the approval of the Council, who shall be in
the Unclassified service The City Clerk may also appoint Assistant
or Deputy city Clerks as may be authorized by the Council subject
to the approval of the Council who shall be in the Unclassified
Service. It is further provided the City Council may, by
ordinance, place Assistant and Deputy Department Heads, Assistants
to the City Manager and new management level positions in the
Unclassified Service by a four-fifth's vote of the Council.
,
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(b) Removal. Officers and employees in the Unclassified
Service appointed by the City Council may be removed by them at any
time by a majority vote of the members of the Council, and such
officers and department heads in the Unclassified Service appointed
by the City Manager may be removed by him at any time and, in the
case of appointees in the Unclassified Service, the order of the
City Councilor the city Manager affecting said removal shall be
final and conclusive. The position of said officers and employees
shall be declared vacant if said officer or employee is convicted
of a felony or crime involving moral turpitude. Any appointee or
employee in the Unclassified Service so removed by the city
Manager, the city Attorney or City Clerk may, however, within five
(5) days after receipt of a notice of dismissal, demand a written
statement of the reason for such dismissal, a copy of which shall
be forthwith filed with the City Council. Upon receipt of such
written statement so furnished by the city Manager, the city
Attorney or city Clerk to the City council, the Council shall fix
a time and place for a public hearing, at which hearing the Council
shall have authority to investigate the facts set forth in said
written communication from the City Manager, the City Attorney or
City Clerk containing the reason for said dismissal, and
determine the truth or falsity of said facts. Council shall report
its findings and recommendations made as a result of such hearing,
and cause a copy of said findings to be delivered to the City
Manager, the City Attorney or City Clerk and file the original with
the City Clerk. The dismissed appointee or employee in such cases
shall have the right to file with the Council a written reply or
answer to any charges filed by the city Manager, the city Attorney
or the city Clerk. All written documents, including the City
I
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/;1..7
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Section 500 (continued)
I
Manager's, the City Attorney's or the city Clerk's written reasons
for such dismissal, and the reply of the dismissed appointee or
employee, the findings and decisions of the Council, and any
documentary evidence used at the hearing shall be filed with the
proper office of the city as public records, open for inspection at
any time. Nothing herein contained, however, shall be construed as
in any way limiting the authority and power of the City Manager,
the City Attorney or the City Clerk to remove any appointee or
employee in the Unclassified Service of the city, so appoin~ed or
employed, and all such removals shall be final and conclusive.
J
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Sec. 501.
Administrative Departments.
I
The city Council may by ordinance not inconsistent with this
Charter provide for the creation of additional departments and the
assignment of general functions to such added departments, and may
also abolish specific functions preformed and the department
performing such abolished functions.
The City Manager shall be responsible for the organizational
structure of all departments subject to the City Manager's
direction, including their divisions, sections, crews and other
necessary unit components and shall assign duties, delegate
administrative powers, and provide staff for the departments for
which the City Manager is responsible.
I
The City Council shall control by budget the number and
compensation of all positions, unless otherwise mandated by this
Charter. Each department so created shall be headed by an officer
designated as department head who shall be appointed by the city
Manager, subject to the approval of the City Council.
Sec. 502.
City Clerk: Powers and Duties.
The City Clerk shall have power and be required to:
(a) Attend all meetings of the City Council and be responsible
for the recording and maintaining of a full and true record of all
of the proceedings of the city Council in books that shall bear
appropriate titles and be devoted to such purpose;
(b) Maintain separate books, in which shall be recorded
respectively all ordinances and resolutions, with the certificate
of the Clerk annexed to each thereof stating the same to be the
original or a correct copy, and as to an ordinance requiring
publication, stating that the same has been published or posted in
accordance with this Charter; keep all books properly indexed and
open to public inspection when not in actual use;
/2-cr
_..... _'_ ~. ..........n: .~
COUNCIL AGENDA STATEMENT
Item IJA
Meeting Date 8/23/94
SUBMITTED BY:
PUBLIC HEARING to Consider Adoption of the Nondisposal Facility
Element (NDFE) as Required by AB440
RESOLUTION NO. /7&,.2 ~doPting the NDFE and Authorizing the
City Manager to Submit the NDFE to the California Integrated Waste
Management Board (CIWMB) and the County of San Diego for Inclusion
in the Countywide Integrated Waste Management Plan
Conservation Coordinarr ~~~')
City Manage0t ~~I (4/5ths Vote: Yes_ NoX)
TITLE:
REVIEWED BY:
BACKGROUND:
California Public Resources Code, Sections 41730 et seq, requires every California city and
county to prepare and adopt a Nondisposal Facility Element (NDFE) for existinf: or proposed
nondisposal facilities that will be needed to implement their local Integrated Waste
Management Plans. Examples of a nondisposal facility include: transfer stations, mixed waste
materials recovery facilities and composting facilities. Because the County of San Diego has
less than 15 years of permitted disposal capacity remaining, the County and all cities within
the County are required to submit their NDFE's to the state by August 31, 1994. If approved
by Council, the NDFE will inform the state that the City is diverting yard waste to a local
composting facility. The NDFE will also inform the state that the City is in the process of
selecting a site and permitting a proposed transfer station and materials recovery facility.
RECOMMENDATION: Approve resolution.
BOARD/COMMISSION RECOMMENDATION: The draft NDFE was submitted to the
Resource Conservation Commission with an oral report on August 8, 1994 for their review
and comment. The Report will be discussed again on August 22, 1994 when the Commission
has had a chance to thoroughly review the report. An oral report of the Commission's actions
can be given at this Council meeting and a copy of the minutes can be forwarded to Council
when available, if desired.
DISCUSSION:
General NDFE Requirements
Transfer stations, composting facilities and mixed waste material recovery facilities typically
process or transform waste in preparation for disposal and/or secondary markets. These
1:1/1- /
Page 2, ItemQ--9
Meeting Date 8/23/94
facilities require a state solid waste facility permit and are therefore defined as nondisposal
facilities.
"Clean" material recovery facilities (MRF's), recycling buy-back centers and drop-off centers
process source-separated materials, not mixed solid waste, and do not require state solid waste
facility permits. Because these facilities do not require state solid waste permits they are not
considered nondisposal facilities and do not need to be included in the NDFE.
The state also requires local jurisdictions to submit draft NDFE's to the Local Task Force for
approval prior to submitting them to the state. The San Diego Association of Governments
(SANDAG) is the Local Task Force for the cities and County of San Diego. The County and
cities agreed to coordinate the development of their NDFE's and submit the NDFE's to the Local
Task Force jointly. The Local Task Force reviewed all the NDFE's, and on April 22, 1994
recommended that the state approve the County and all city NDFE's including the City ofChula
Vista's NDFE.
Chula Vista NDFE Contents
The City is required to list in the NDFE any current facilities or proposed facilities that may
require a state solid waste permit, and are needed to implement its local Integrated Waste
Management Plan. Disposal facilities such as the Otay landfill are not to be listed. There are no
facilities in Chula Vista, other than the Otay landfill, that currently require a state solid waste
facility permit. However, the Chula Vista NDFE lists one existing facility, a composting facility;
Organic Recycling West (ORW.)
ORW's compo sting facility is just outside the Chula Vista city limits in the Brown Field area.
ORW is the only fully permitted large composting site in the area and can accept 240 tons per day
of yard waste and wood waste from public and private generators. ORW chips and grinds the
yard and wood waste as necessary to prepare it for their outdoor windrow composting operation.
When the composting process is complete, ORW will begin to sell its product to local landscape,
nursery and agricultural markets.
According to Chula Vista's solid waste generation study, yard waste (17.4%) and wood waste
(9.7%) account for 27.1 % of the City's total annual waste stream. ORW and/or comparable
facilities within the region are expected to divert up to 22 % of the City's total waste stream
through composting. That 22 % diversion and a local composting facility like ORW, even though
it is not within the City limits, is an important factor in the City's plan to meet the state mandated
diversion goals of 25 % by 1995 and 50 % by the year 2000.
The City was instrumental in attracting ORW to the region and is ORW's largest customer. The
City's residential yard waste collection program has diverted more than 700 tons a month of yard
13~~~
Page 3, Item ):1 ~
Meeting Date 8/23/94
waste and clean wood from the landfill to ORW since it opened in April of this year. The City
has also worked with ORW to divert tree trimmings, grass clippings and clean wood from
landscapers, cabinet shops, construction sites, and City streets and parks. This facility is one
example of the types of nondisposal facilities that are necessary to cost -effectively meet the state
mandated diversion goals and environmentally manage waste as a resource. It is also an example
of a regional facility and an informal public-private partnership that is working.
Under the "Proposed Transfer Station and Composting Facilities," section the Chula Vista NDFE
describes the current status of the City's Request for Proposal for a transfer station. The Chula
Vista NDFE indicates that the City has received proposals and selected a contractor to complete
the facility site and permit phase only. The NDFE also states the City has llil1 made a decision
to construct a transfer station or contract for its operation at this time, however, should the City
make the decision to move forward in the future, it will amend the NDFE at that time.
Upon adoption by Council, the NDFE will become part of the City's Integrated Waste
Management Plan which also includes the Source Reduction and Recycling Element and
Household Hazardous Waste Element.
FISCAL IMP ACT: Adoption and submittal of the NDFE will have no fiscal impact.
mtrn:c
ndfe2. cas
Attachment
1:1/1' J
RESOLUTION NO. 17/, t2/r'"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE NDFE AND AUTHORIZING
THE CITY MANAGER TO SUBMIT THE DOCUMENT TO THE
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
(CIWMB) AND THE COUNTY OF SAN DIEGO FOR
INCLUSION IN THE COUNTYWIDE INTEGRATED WASTE
MANAGEMENT PLAN
WHEREAS, California Public Resources Code (PRC) , section
41730 et seq., requires every California city and county to prepare
and adopt a Nondisposal Facility Element (NDFE) for all new
nondisposal facilities, and any expansions of existing nondisposal
facilities, which will be needed to implement local Source
Reduction and Recycling Elements (SRREs); and
WHEREAS, a nondisposal facility is defined as any solid
waste facility required to obtain a state solid waste facility
permit except a disposal facility or a transformation facility (PRC
section 40151) such as transfer stations, mixed waste materials
recovery facilities (MRF's) and composting facilities; and
WHEREAS, Assembly Bill 440 (Sher) established an NDFE
reporting schedule based on remaining permitted disposal capacity;
and
WHEREAS, the County of San Diego has less than 15 years
disposal capacity and local jurisdictions are required to submit
NDFE's directly to the State by August 31, 1994.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby adopt a Nondisposal Facility
Element (NDFE) and authorize the City Manager to submit the
document to the California Integrated Waste Management Board
(CIWMB) and the County of San Diego for Inclusion in the Countywide
Integrated Waste Management Plan.
fo= bQ
Presented by
Michael Meacham, Conservation
Coordinator
C:\rs\NDFE
13/1 ..~
~f~
W8'
01Y Of
O<<AA VISfA
ATTACHMENT
City of Chula Vista
Nondisposal Facility Element
California Public Resources Code (pRC), Sections 41730 et seq, requires every California city
and county to prepare and adopt a Nondisposal Facility Element (NDFE) for all new Nondisposal
Facilities, and any expansions of existing Nondisposal Facilities, which will be needed to
implement local Source Reduction and Recycling Elements (SRRE). A Nondisposal Facility is
defined as any solid waste facility required to obtain a state solid waste facility permit except a
disposal facility or a transformation facility (PRC Section 40151).
The City of Chula Vista has prepared, adopted and hereby transmits to San Diego County the
City's NDFE, as required by PRC Section 41730. The City is also submitting a copy of its
NDFE to the California Integrated Waste Management Board for review and approval. The City's
NDFE will be appended to the City's SRRE at the time of the five year revision.
The City of Chula Vista has completed a "Request For Proposal" (RFP) process for a transfer
station and material recovery facility. The City has selected a contractor to complete only the
facility siting and permitting phase of the process. The City has not made a decision to construct
a facility or contract for its operation at this time, however, should the City make the decision to
move forward in the future it will amend the NDFE at that time.
This NDFE identifies the use of Organic Recycling West as a Nondisposal Facility that is being
utilized to implement the City's Integrated Solid Waste Management Plan and meet the waste
diversion goals. Tables M-I, M-2 and M-3 attached, identify the Nondisposal Facilities that the
City of Chula Vista may utilize to implement its SRRE and meet the solid waste diversion
requirements of PRC Section 41780.
A draft of this NDFE was submitted to the San Diego County Local Task Force (LTF) for review
and comment regarding the regional impacts of the Nondisposal Facilities identified in this
Element, in accordance with the requirements ofPRC Sections 41734(a) and (b). As indicated
by PRC Section 41735(a), the adoption or amendment of this element is not subject to
environmental review under the California Environmental Quality Act (CEQA).
/:1/9 ..S
TYPE OF FACILITY
No specific facilities are currently proposed,
although the City is in the process of selecting a site,
developing a conceptual design and permitting a
possible transfer station. A decision to move
forward with construction will probably be made
some time after January of 1995.
EXPECTED DIVERSION RATE Unknown at this time
PARTICIPATING Unknown at this time
JURISDICTIONS
LOCATION Unknown at this time
/3/1 ' t,
TYPE OF FACILITY
AMOUNT OF WASTE SENT
TO FACILITY
EXPECTED DIVERSION RATE
LOCATION
The Organic Recycling West (ORW) composting facility
is just outside the Chula Vista city limits. ORW is the
only fully permitted large composting site in the area and
can accept 240 tons per day of yard waste, other plants
and wood waste from public and private yard and wood
waste generators. ORW chips and grinds the waste as
necessary to prepare it for their outdoor windrow
composting operation.
Approximately 27% or 50,000 tons (137 tpd average) of
the City of Chula Vista's waste is yard waste and wood
waste. The City may direct up to 137 tons of wood and
yard waste per day to ORW or comparable compost
facilities that may be permitted to operate within the
region. Approximately 750 tons per month were sent to
the facility during its first four months of operation, April
thru June 1994.
ORW and/or comparable facilities within the region are
expected to divert up to 22 % of the City of Chula Vista's
total waste stream through composting. According to the
City's waste generation study, yard (17.4%) and wood
waste (9.7 %) account for 27.1 % of the total annual waste
stream. The City's medium-term goal is to divert 79% of
the annual commercial and residential yard and wood
waste stream to attain a 22 % total waste stream diversion
goal. To attain that goal the City has developed and
distributed a backyard composting guide, assisted with
the development of ORW and commercial on-site
mulching and composting operations, initiated a local
waste exchange program, and implemented a mandatory
City-wide residential yard waste collection program that
encourages source reduction and backyard composting.
1202 La Media Road, San Diego CA 92173
1,3;9- ?
NAME OF FACILITY
Their are no transfer stations currently in operation
within the City or being used by generators within
the City.
EXPECTED DIVERSION RATE Not applicable
PARTICIPATING Not Applicable
JURISDICTIONS
LOCATION Not Applicable
mtmc:
ndfemodl.4
13,4' ~
ORGANIC RECYCLING WEST, INC.
4751 WILSHIRE BOULEVARD, SUITE209, LOS ANGELES, CA90010
TELEPHONE: (213) 933.5943
FAX: (213) 932.0575
August 17, 1994
""'"
~ 7)~
---!- -It ----.:.........
") / -.1 ~
%~
~I/
Mr. Michael Meacham
Conservation Coordinator
City of Chula Vista
276 4th Ave. '-....
Chula Vista, CA 91910
Dear Mr. Meacham,
We are writing to express our appreciation for the City of Chula
Vista's support of our green materials composting facility in Otay
Mesa.
Our composting facility is located in the Otay Mesa Enterprise Zone
and Recycling Market Development Zone. It is the only fully-
permitted composting facility in San Diego County. The facility has
been in operation since April, 1994 and currently processes
approximately 1,500 tons of green waste and wood waste per month.
We expect this quantity to increase over the next several months.
The City of Chula Vista has been a consistent supporter of this project
over the past two years. Your city was very supportive during the
permitting process and has been a consistent supplier of feedstock
materials. Although we are not located within Chula Vista, you are
the largest contributor of green waste and wood waste to our facility.
Approximately 50% of all material recycled at this facility originates
in Chula Vista. The support of the City of Chula Vista has been vital
to the success of this facility.
We wish to thank you again for your support and hope that we can
be of assistance in helping the City of Chula Vista meet its recycling
goals.
~
i:':,-;?-j)'~ r \'7 IS ~~
;1 tJ) r~'.:~,..l~:,1.~....:.:\ ~,~-~~'L,..fh
~l ~'. , l 1 t
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""""-'-~_~_J
Sincerely,
Daniel A. Schoen
MAIN OFFICE:
NEW ENGLAND OFFICE:
CANADA OFFICE:
6'4 CORPORATE WAY, VALLEY COTTAGE, N.Y. 10989
P.O. BOX 176, 1SO WAMPANDAG ROAD, EAST GREENWICH, R.t. 02818
'85 GEDDES STREET, ELORA, ONTARIO NOB 150 / J h ~ c;
TEL: (9'4)268-0322
TEL: (401) 88'.'455
TEL: (519) 846-8317
FAX: (914) 268-0321
FAX: (401)864-1634
FAX: (519)846-8319
PUBLIC HEARING CHECK LIST
PUBLIC HEARING DATE:
SUBJECf: 1\"".:. ..' ,
"
"is 12.3>/ cplt
'"j--o '~~ "-- f\~fnJ
F:-'.o~.~ 't:.~.
. +.
SENT TO STAR NEWS FOR PUBLICATION -- BY FAX ,/ ; BY HAND ; BY MAIL
PUBLICATION DATE ';" /1:::"/<1-). (S~) -
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 is Ii"" / c., <.J.
COPIES TO:
Administration (4) "
Planning
v'
Originating Department
Engineering ~
Others
City Clerk's Office (2)
POST ON BULLETIN BOARDS
'6/111'1<1
SPECIAL INSTRUCTIONS:
7/93
-55- /1// ./ /0
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 reviewing and adopting a
Nondisposal Facility Element. California Public Resources Code (PRC) , Sections 41730 et seq,
requires every California city and county to prepare and adopt a Nondisposal Facility Element (NDFE)
for all new Nondisposal Facilities, and any expansions of existing Nondisposal Facilities, which will
be needed to implement local Source Reduction and Recycling Elements (SRREs). A Nondisposal
Facility is defined as any solid waste facility required to obtain a state solid waste facility permit except
a disposal facility or a transformation facility (PRC Section 40151). Specifically, NDFE's would
include: transfer stations, material recovery facilities and compo sting facilities.
The City of Chu1a Vista has prepared and transmitted a draft NDFE to San Diego County as required
by PRC Section 41730. The San Diego County Local Task Force (L TF) reviewed and commented on
all San Diego County jurisdiction NDFE's regarding the regional impacts of the Nondisposal Facilities
identified in the Elements, in accordance with the requirements of PRC Sections 41734(a) and (b). The
final NDFE will be submitted to the County and subsequently the California Integrated Waste
Management Board for review and approval.
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 regarding the adoption of the N ondisposal Facility Element,
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 23, 1994
at 6;00 p.m. in Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any
person desiring to be heard may appear.
DATED:
AUGUST 10, 1994
COMPLIANCE WITH 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.
/3;1-/1
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 conditional use permit submitted by Bonita Country
Day School to establish non-profit academic school @ 625 Otay Lakes Rd
within PC zone (Bonita Long Canyon Planned Community).
Purpose of reviewing & adopting a Nondisposal Facility Element. A
Nondisposal Facility is defined as any solid waste facility required to obtain
a state solid waste facility permit except a disposal facility or a transformation
facility.
If you wish to challenge the City's action on this matter in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk's Office at or prior to the
public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday,
August 23, 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: August 10, 1994
13ft - 1'2-
COUNCIL AGENDA STATEMENT
Item /.:? 11
Meeting Date 8/23/94
TITLE:
REPORT: Status Report to the California Integrated Waste Management
Board Regarding Solid Waste Diversion Progress as Required by AB 440
SUBMITTED BY:
Conservation Coordinator ~,..,
-~~
Cj" M'llig~ 1>6 ~'\ (415"" Vol" YM _ No X)
REVIEWED BY:
BACKGROUND:
The California Integrated Waste Management Act of 1989 (AB939) required that all cities and
counties prepare formal Integrated Waste Management Plans aimed at waste stream diversion
goals of 25 % by 1995 and 50% by the year 2000. Specifically, cities were required to adopt two
"elements": one addressing source reduction, recycling, and compo sting programs, the Source
Reduction and Recycling Element (SRRE); and the other addressing the elimination of illegal
disposal of household hazardous waste, the Household Hazardous Waste Element (HHWE). The
City Council adopted those elements on December 15, 1992. Failure to comply with the
preparation of a plan and achievement of the waste stream reduction goals may leave a jurisdiction
subject to state-imposed fines of up to $10,000 per day.
AB440 amended AB 939 to require each local jurisdiction to file a status report with the California
Integrated Waste Management Board (CIWMB). The purpose of the AB440 status report is to
summarize the City's progress towards meeting the 25% diversion goal by 1995, report the City's
efforts in establishing waste diversion programs, and report any additional program plans for the
immediate future. AB440 further provides that the information furnished by the jurisdictions will
not be used for enforcement purposes. The report is due to the CIWMB on or before August 31,
1994.
RECOMMENDATION: Approve the report.
BOARD/COMMISSION RECOMMENDATION: The draft report was submitted to the
Resource Conservation Commission with an oral report on August 8, 1994 for their review and
comment. The Report will be discussed again on August 22, 1994 when the Commission has had
a chance to thoroughly review the report. An oral report of the Commission's actions can be
given at this Council meeting and a copy of the minutes can be forwarded to Council when
available if desired.
130... /
Page 2, Item /:J JJ
Meeting Date 8/16/94
DISCUSSION:
On December 15, 1992 the City Council adopted a Source Reduction and Recycling Element
(SRRE) and a Household Hazardous Waste Element (HHW) which were subsequently submitted
to the County to be forwarded to the state as part of a Countywide Integrated Waste Management
Plan. The Countywide Plan is due on or about January 31, 1996.
The SRRE outlines a number of waste reduction, recycling and composting programs that the City
committed to implement in its efforts to meet the 25% and 50% waste diversion goals mandated
by the state. The implementation of these programs is a key factor in the state's evaluation of
Chula Vista's AB939 progress. The City's residential curbside and multi-family recycling
programs and the residential yard waste collection program were listed in the City's SRRE and
have been implemented. These programs currently divert approximately 10% of the total waste
stream and have significant potential to divert much more.
The City has also provided technical assistance to business offices, the hospitality industry and
hospitals to develop and implement source reduction and recycling programs. Technical
assistance to businesses has produced substantial diversion that cannot be accurately quantified
without additional SRRE program implementation. Additionally, the City has begun to routinely
apply source reduction, recycling and composting principles to City operations. Those principles
have lead to a variety of practices including: the City's office recycling program and the purchase
and use of post -consumer content recycled products.
The other key factor in evaluating diversion goals is a comparison of the total tons of solid waste
disposed of at a landfill from one year to the next. This comparison is subject to adjustment for
changes in population, and economic conditions. In 1990, Chula Vista had a population of
approximately 135,163 residents and disposed of 179,986 tons of waste. The SRRE projected
that, in 1994, the City of Chula Vista would have a population of 145,963 and would dispose of
194,459 tons of waste. The attached report will substantiate that in fiscal year 1993-94 the City
had a population of approximately 147,300 residents and disposed of only 123,078 tons of waste.
That represents a 56,908 ton (31.6%) reduction from 1990 and a 71,381 ton (36.7%) reduction
from the 1994 waste disposal projection.
The actual waste reduction achieved is a result of a combination of factors including: residential
recycling and yard waste collection programs, backyard composting programs, the City's office
recycling program, technical assistance to businesses, source reduction programs, public education
and awareness programs, market development programs, population growth and economic
conditions that effect the amount of waste generated.
J;JP-;;"
Page 3, Item J.J IJ
Meeting Date 8/16/94
The reduction in actual tons of waste disposed of at landfills indicates that the City is well on its
way to achieving the 25% and 50% diversion mandates, however, only 10% of the City's efforts
and the 36.7% total diversion can be readily quantified. It is important for the City to implement
the programs necessary to quantify and support the remaining 26.7% existing diversion, document
future progress towards the 50% diversion mandate and meet the state reporting requirements.
FISCAL IMPACT: Approval of this report and subsequent submittal will have no fiscal impact.
mtm:c
AB440rpt-rev
Attachments
1,10..3
G
~
,
~
ATTACHMENT
AB 440 Status Report
SRRE Program Implementation Efforts
(Not for Enforcement Purposes)
Jurisdiction:
County:
Coutact:
Phone:
City ofChula Vista
San Diego
Michael Meacham, Conservation Coord.
(619) 691-5122 ph (619)585-9118 fax
SECTION 1:
Pleasejill in all boxes:
A
B
c
D
SWGS Base SWGS Fiscal Year SWGS
year (1990) Excluded 1993/94 Projected 1995
Totals (Tons) Waste ActualTons Tons
Solid Waste Generation Studv (SWGS): (Tons) (after diversion)
1. Disposed: 179,986 18,812 123,078.841 149,134
2. Diverted: 14,071 I -0-
3. Generated: 194,057 18,812
SWGS Notes: IThe tonnage listed in column C is based on a fiscal year 1993/94 disposal report from the regional landfill system
which includes the County of San Diego and the City of San Diego. In 1990 Chu1a Vista had a population of approximately 135,163
residents and disposed of 179,986 tons of waste. The SRRE projected that in 1994 the City of Chu1a Vista would have a
population of 145,963 and would dispose of 194,459 tons of waste. This AB440 report will substantiate that in fiscal year 1993-94
the City had a population of approximately 147,300 residents and disposed of only 123,078 tons of waste. That represents a
56,908 ton (31.6%) reduction from 1990 and a 71,381 ton (36.7%) reduction from the 1994 waste disposal projection.
The City is evaluating and developing a proposed permit/reporting process that will support the collection marketing and processing of
recyclables for the City's commercial, industrial and institutional generators. The City does not receive diversion reports for
commercial generators and has no control over the flow of non-city institutional waste or industrial waste, and does not receive waste
characterization and disposition information regarding it or related diversion. The City will make every effort to assure that any
required reporting process is consistent with and supplemental to the state's proposed reporting process.
Pagel
12130/93
SECTION 2:
Please Check ( J All Applic.bIe Bolles in Columns A. B. D. " F
PlfUlS8 Provide Applicable Dal. in Boxes in Columns C;. E. G. II H 11 Known
.
RECYCLING:
Data Input Example # 1
Data Input Example #2
(residential sector)
curbside collection
source separation
co-mingled materials
drop-off centers
buy-back centers
intermediate process centers
manual MRF
mechanized MRF
landfill salvage .
transfer station salvage
zoning changes
building code changes
rate structure modifications
~
~
\
'"
procurement programs
(commercial sector)
source separation
salvage operations
zoning changes
building code changes
rate structure modifications
procurement programs
market development
RMDZ
Other local programs:
])\.';.. . .-,-, k'(( !(\, ~ (~: A,<\-, \1"",;( I
c
o
.
F
G
H
.
.' Funded
""d/o.
Opereted by
the
Jurl8dk:llon
X
Date To Be
Implemented
lmm/yyl
Ton.
Diverted
119931
Base-yeat to
current
119941
Date
ImplementllCi
(mmlyyl
Oate
IlilpIemented
. (mm/yyl
Planned
11994+ I
Exlstlng ..
of B_-y..t
1,950
9/88
X
12/97
X
)( x ,/91 SJl. S
,
)( U'\i(-i-':"--.j/\ .
'v' i'
)( r:: ,11 b , '-:.'. Iv //1
v' \ , ~' 1 ,'I
)( I-I !7_~ '. /0
,ti
. Y 1/7, "! :t.
)( I::' jq::. X'i":';
1
2
3
4
5
6
7
8
9
10
11
12
13
14
2.
X \.J1-':<\~IC," ;"_ ./ , Ie : '~" .. . "
,: I,;. q~ !,h
X Sis'i ~h
-, X I::::)h , If
;' .,
15
16
17
18
19
20
21
22
.. b
<:~
,2 .. ~
,. 0
is::
II
II
ILJ /"1i.
II
II
x.
II
Page 2
~ \\
c..ALI>1AX I II II II Jf.... II '&J"I~ II II I~~
.
. . C D , , G H . \ \
c- ., Funded .'"
.
and/or Exlsti/lg ... of Date . Bas_,year to Date Planned Date To Be TOO$
Operated bV bnplumented . current Implemented lmp~ed Diverted
the . Base-year (mmlyyl .. 119941 Imm/yyl (1994+1 Immfyvl 119931 .
COMPOSTING: . .. Jurisdiction .. ............ I. ....... .... .. .... ..... ..
backyard composting 23 ..)( tiN v,~ k-)~<),"\)..j
regional facility 24
- source separated 25
centralized facility 26
- source separated 27 X I/'VI '--(COG A,..j;;':""'l
mixed wastes 28
sludge 29
market development 30 y. 1.l !'i'j Vi,,; i( .........Y,.~!,
end-use market development 31 v 'i / q 'l -~ "-;.'0 I) f.*"
RMDZ 32
~
"'u
\
L
2
"
~
,
~
Other local programs:
IB8BB8aB
... Funded . ) )> ... r. ..> ......
..,d/or , Base-v..... to Date ... Oate To Be Tons. ....
.. Operated by Exlsti/lg... of Implemented current. .. . fmplemented Planned Itnplememed Diverted
.... the IBa~!:~l!u ... .....(mm/yy) 119941 Imm/yyl.... !1994+ I lmmlvyl 119931
SPECIAL WASTES: . Jlll'isdictlon I.................... ....... ) I.....
... ..' ..
Construction IDemolition 33 X (,,1 q '.J \.J\",-k\-r.\;~~
Tires 34
Sludge 35
Ash 36
market development 37
end markets development 38 " '-1' ,Y Vl....lrc'i~.../ N
RMDZ 39
.
.
c
D
,
,
G
H
2
2
II
II
. Other local programs:
II
II
II
II
II
Page 3
12/30/93
II
II
II
II
II
" II
...... ii .....i}.........i. '..ii... ............,;~:~!;'. .} I....,.,:....i....,.,..! .'.-' I ...... '.............. .........
iiii:' ......".../..;) .f'lII!ded .... 'D8t.. B_.y..r to ....'O.te....... .'. Pilrined Date To Be Tons ".,-,.
...............'..'.i.../? and/or . . .8.01 Implemented current Implemented l"aaA _I Implemented Diverted
Operated ." .. 'c.
. '..,.i' ui:Y ....ii ... . ...'....;:....'.......:11 Bi' I,,!~li 119941 '. lmm/yyli'. (('i'. Immlyyl 119931
:",::.",,,;,;;:;,-.-:- -.>C- ::":;'::",\':::::-'.':':": : .." '.., .'
Wood wastes 40 X
oee 41 X
Mixed Paper 42 ><
Glass 43 X
Plastics 44 "<-
Food wastes 45
market development 46 X I;;> I"'''
end markets development 47 ><
RMDZ 48 >< X- I::" 1'iS: "'-LA
.
.
c
.
.
. H
Other local programs:
IBBB~B~~
~
,
"'-J Notes:
2The City does not currently receive recycling/diversion reports from commercial generators or
their recycling agents and has no control over the flow of non-city institutional waste or
industrial waste. The City is evaluating and developing a proposed permit/reporting process that
will support the collection marketing and processing of recyclables for the City's commercial,
industrial and institutional generators. The reporting process would provide better data on the
amounts and types of materials being diverted. The report data will assist the reporting process
and the flow of recovered materials to the City's CALMAX program and other potential end
market activities. The City will make every effort to assure that any required reporting process is
consistent with and supplemental to the state's proposed reporting process.
Page 4
12/30/93
1
"
COUNCIL AGENDA STATEMENT
Item
If
Meeting Date
8/23/94
Public Hearing: PCC-94-48; Request for a Conditional Use Permit to
establish a private school for an interim period of five years at 625 Otay
Lakes Road - Bonita Country Day School
Resolution 17/,,;J.. 9 Granting Conditional Use Permit PCC-94-48 to
establish for an interim period of five years a private school at 625 Otay
Lakes Road and authorizing execution of agreement to remove same at
end of CUP period.
SUBMITTED BY: Director of Planning tf:/Jt ~~
REVIEWED BY: City Manage0; ~~ 1 (4/5ths Vote: Yes_No X )
The applicant, Bonita Country Day Schooris ;~uesting permission to establish for an interim
five year period a private school serving up to 140 pre-kindergarten through sixth graders in nine
modular buildings on the northerly, undeveloped portion of the Risen Savior Lutheran Church
property at 625 Otay Lakes Road within the Bonita Long Canyon Planned Community.
ITEM TITLE:
The Environmental Review Coordinator has determined that previously conducted EIR-79-2 and
subsequent Addendum EIR-79-2(b) provided adequate environmental analysis of possible
impacts, and no further analysis is necessary.
RECOMMENDATION: That Council adopt the resolution approving Conditional Use Permit
PCC-94-48 for an interim private school at 625 Otay Lakes Road.
BOARDS/COMMISSIONS RECOMMENDATION: On August 10, 1994, the Planning
Commission voted 4-0 (with 3 excused absences) to recommend that the Council approve the
conditional use permit in accordance with Resolution PCC-92-34.
The project was considered in preliminary form by the Design Review Committee on August
8, 1994 (reference DRC-95-0l). Final DRC action on the project is scheduled for August 29,
1994.
DISCUSSION:
Site characteristics
The 4.1 acre site currently contains a 4,300 sq.ft. sanctuary structure and associated parking for
Risen Savior Lutheran Church. The sanctuary structure is located on the southerly portion of
the property, and a 57-space parking area parallels Otay Lakes Road along the entire frontage
of the property.
)~-/
Page 2, Item
Meeting Date
If
8/23/94
The northerly portion of the site has been graded but is presently undeveloped. The approved
Church master plan shows this area as Phase II which will eventually be developed with a 5,400
sq.ft. fellowship hall, a 2,400 sq. ft. parsonage, two 2,600 sq.ft. classroom buildings (180 seats)
and associated playground area, as well as 73 additional parking spaces to bring the total parking
to 130 spaces (please see attached exhibit).
Zoning and land use
Site
North
South
East
West
PC
RlIOP
PC
PC
RI
Church and vacant
Condominiums
Open Space
Open Space/Single Family Residential
Junior High School
Proiect descriotion
The request is for five years of use for up to 140 students, ages pre-kindergarten through sixth
grade. School hours would be from 8:30 a.m. to 2:30 p.m., Monday through Friday, with
extended childcare hours for the students offered from 7:00 a.m. to 6:00 p.m. The School
would initially employ four teachers and two administrative personnel, with the potential to add
three additional teachers.
The temporary facilities would include nine modular move-on buildings of 960 sq.ft. each.
Initially, six buildings would be installed, including four classroom buildings, a multi-purpose
building, and an administrative office. Up to three additional classroom buildings may be added
as enrollment necessitates; the applicant presently anticipates that the additional buildings would
be added in the second or third year.
The modular buildings would be arranged in a semi-circular configuration on the northerly
portion of the site, facing an outdoor lunch and playground area to the south. Grades
kindergarten, I, 2, and 3 would eat lunch and have outdoor recess from 11:15 a.m. to 12:25
p.m., and grades 4, 5, and 6 would use the outdoor area from 12:30 p.m. to 1:30 p.m.
Additional recess times could take place from 10:15 a.m. to 10:45 a.m. A separate enclosed
playground and eating area would be for the exclusive use of the pre-school and kindergarten
classes.
Landscaping would be installed to provide screening from Otay Lakes Road, as well as to buffer
the buildings from the areas to the north and east. The existing 57-space parking area would
serve the School during the week and the Church during the evenings and on weekends.
Classification/Prior orocessing
Schools are considered an Unclassified Use under Section 19.54.020(d) of the Municipal Code.
Unclassified Uses can be considered for location in any zone upon approval of a conditional use
permit by the City Council following recommendation by the Planning Commission. Section
1'1- al
Page 3, Item
Meeting Date
It!
8/23/94
19.58.110 further requires that churches maintain a ten-foot wide minimum landscaped strip or
solid six-foot fence or masonry wall on all property lines abutting a residential zone.
The original Bonita Long Canyon General Development Plan designated the project site for
multi-family development. An amendment to the Environmental Impact Report for that project
(EIR-79-2) was prepared in 1985, evaluating a revised project which proposed designation of
this site for a religious institution.
In 1991, an Addendum, EIR-79-29(b), was prepared to address a conceptual master plan for the
Risen Savior Lutheran Church site (DRC-92-5, approved December 16, 1991). A noise study
was required and completed prior to the issuance of permits for the Church sanctuary (see
attached) .
ANALYSIS:
The proposal for an interim school use is consistent with the classroom component of the
approved Phase II Church master plan, which shows 5,200 sq.ft. of classrooms and associated
outdoor playground facilities. The use is also consistent with other school facilities in the area,
including Bonita Vista Junior and Senior High Schools and Southwestern College.
It should be noted that the applicant reports that they are working with the Baldwin Company
to locate a future permanent school facility in either Salt Creek Ranch or Dtay Ranch. Also,
the proceeds from the five-year ground lease to the school will help facilitate and accelerate the
construction of the permanent Phase II Church facilities, according to representatives of the
Church.
Hours of operation for the School do not contlict with the hours in which the Church is in use
(Sundays and evenings) and thus the 57 available parking spaces can be shared. The City's
parking requirement for elementary schools is one space for each employee plus five spaces, or
in this instance a total requirement of between 11-14 parking spaces for the School.
The School is proposed as an interim five-year use; hence the use of modular buildings.The
modular units are fairly plain in appearance but are typical of temporary buildings utilized by
the school districts as well as by various other public/quasi-public institutions within the City,
such as the YMCA facility in Rancho Del Rey.
The buildings will be painted to match the Church sanctuary and staff has suggested the use of
some trellis features with roof elements and color accents to further enhance the architecture
compatible with the Church. The applicant has incorporated some of these recommendations
into the building design. The preliminary comments from the Design Review Committee include
extending the trellis structure to connect all buildings, vertical articulation to break the horizontal
line of the roof, and the use of more and larger, specimen-size plant material to achieve a more
immediate effect.
jtj-J
Page 4, Item
Meeting Date
1,/
8/23/94
A noticed public forum on the project was held in the Church sanctuary on the evening of July
28, 1994. Three residents from the northerly adjoining condominiums were in attendance, as
were the applicant, staff, and representatives from the Church. The two issues raised by the
residents at the public forum, as well as those who spoke at the Planning Commission hearing,
involve increased traffic on Otay Lakes Road, and potential noise impacts from the outdoor play
activities of the children.
With regard to traffic, the most recent figures show Otay Lakes Road carrying 19,200 average
daily trips (ADT) at a level of service (LOS) "B" (just below LOS "A"). The additional 210
ADT expected from the School will maintain the LOS at the high end of "B". This is well
above the City Threshold which calls for LOS "C" with no more than two hours per day at LOS
"D". It should be noted that Otay Lakes Road is designated as a six-lane prime arterial with a
design ADT of 50,000 trips, which is expected to be reached in the year 2020.
The condominium residents were particularly concerned that the additional traffic will exacerbate
a problem with left turns from their driveway onto Otay Lakes Road. According to the
residents, this left turn movement has been made more difficult since the construction of the
Church when a center "acceleration lane" was replaced with a raised median extending from
their driveway south (see Circulation Exhibit).
The City Traffic Engineer reports that the problem exists with or without the school. As traffic
increases on Otay Lakes Road, there will eventually be the need to prohibit all unsignalized left
turns onto that street. As it stands, the existing signals located less than 1/2 mile to the north
(Avenida Del Rey/Ridgeview Way) and south (Ridgeback Road/Canyon Drive) of the driveway
provide gaps in traffic sufficient to provide for left turns from the condominiums. The Traffic
Engineer also believes that acceleration lanes can represent a danger in that drivers exiting out
into the center lane to wait for traffic to clear are forced to look over their shoulder to see
oncoming traffic.
With regard to noise, the future Church playground is similar in size and location to the
playground proposed for the School. The noise study conducted on the Church master plan
found that potential noise impacts on the condominiums to the north would be insignificant when
compared with the ambient noise level from traffic on Otay Lakes Road. The homes directly
to the east are located some 100 ft. below the level of the School site and thus would not be
affected in any case.
The study did not attempt to quantify the expected noise levels from children playing outdoors
because, according to the acoustician who prepared the study, it can vary dramatically depending
on the type of play activity, the number and age of the children playing, and the supervision or
"rules" under which the activity occurs. The acoustician did state, however, that the proposal
to locate the School buildings between the playground and the condominiums should provide a
10-15 dB(A) reduction in noise levels below that of the Church proposal, which has no buildings
similarly located.
l'f'l
Page 5, Item
Meeting Date
Ii
8/23/94
In order to maximize the screening effect of the buildings, a condition has been included which
would require a building to be placed on future building site No.7, or, as an alternative, that
a minimum 6 ft. high solid fence be constructed between building Nos. 4 and 5, so as to provide
a solid buffer between the playground and the condominiums to the north. The addition of
landscaping and a proposed restriction on any outdoor use of the area to the north of the
buildings will further minimize potential impacts. Mounding and landscaping will also help
mil1imize noise and visual impacts from and to Otay Lakes Road.
Deoartment Comments
The following comments have been received from other City departments and are listed here for
information only.
Fire Department:
1. An additional fire hydrant will be required
2. A fire sprinkler system will be required
3. A fire alarm system will be required
4. Project shall meet all other requirements for an E-2 occupancy
Building & Housing Department
Modular buildings must be approved by the California State Department of Housing and
Community Development.
Public Works Department:
The following list of items may be required in conjunction with the building permit under the
authority of the Chula Vista Municipal Code:
1. Sewer fees.
2. Sewer repayment District #57.
3. Traffic signal fees.
FISCAL IMPACT:
The applicant is responsible for all applicable processing and development fees, although a
request for a waiver of the planning fees has been submitted and is currently under consideration
by staff.
1'1".>'
,
v.I
F-<
~
Attachments
City Council Resolution
Locator and School Plans
Circulation Exhibit
Design Review Committee Minutes
Church Master Plan
Supplemental Information from Applicant
Church Noise Study
Environmental Documentation
Planning Commission Resolution and Minutes
Disclosure Statement
Page 6, Item ~
Meeting Date 8/23/94
/r~t
RESOLUTION NO. 1?".2..'1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING
CONDITIONAL USE PERMIT PCC-94-48 TO ESTABLISH FOR AN INTERIM PERIOD OF
FIVE YEARS A PRIVATE SCHOOL AT 625 OTAY LAKES ROAD AND AUTHORIZING
EXECUTION OF AGREEMENT TO REMOVE SAME AT END OF CUP PERIOD.
WHEREAS, a duly verified application for a conditional use permit was filed with the Planning
Department of the City of Chula Vista on June 16, 1994 by Bonita Country Day School; and,
WHEREAS, said application requests approval of a conditional use permit (pCC-94-48) to establish for
an interim period of five years a private school serving up to 140 pre-kindergarten through sixth graders located
at 625 Otay Lakes Road in the P-C zoning district; and,
WHEREAS, the Environmental Review Coordinator has determined that previously conducted EIR-79-2
and subsequent Addendum EIR-79-2(b) provide adequate environmental analysis of possible impacts, and no
further analysis is necessary; and,
WHEREAS, the Planning Commission held a public hearing on August 10, 1994 and voted 4~ to
recommend that the City Council approve the project based on the findings and subject to the conditions contained
herein; 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
and its mailing to property owners within an area of 500 feet of the exterior boundaries of the property at least
ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., August 23, 1994
in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Chula Vista does
hereby find, determine, resolve and order as follows:
I. CUP Findings. That the Council makes the findings required by the City's rules and regulations for the
issuance of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that
permits the stated finding to be made.
A. That the proposed use at the location is necessary or desirable to provide a service or facility
which will contribute to the general well being of the neighborhood or the community.
The interim use of this site will allow the school to continue to offer an educational alternative and service
to the community pending the location of appropriate permanent facilities.
B. That such use will not under the circumstances of the particular case, be detrimental to the
health, safety or general welfare of persons residing or working in the vicinity or injurious
to property or improvements in the vicinity.
The site plan has been designed and conditioned to avoid potential noise impacts to nearby residences,
and architectural enhancements and landscape screening have been utilized to diminish any potential
negative aesthetic impacts considering the interim nature of the use.
1
Ii., ?
C. That the proposed use will comply with the regulations and conditions specified in the code
for such use.
The project will be required to comply with all applicable codes, conditions, and regulations prior to the
issuance of development permits, and on a continuing basis thereafter.
D. That the granting of this conditional use permit will not adversely affect the general plan
of the City or the adopted plan of any government agency.
The approval of this permit as conditioned is consistent with City policies and the General Plan.
II. Conditional Grant of Permit; Conditions
The City Council hereby grants Conditional Use Permit PCC-94-48 for a term to expire on August 24,
1999, subject to the following conditions whereby the applicant shall:
A. Assure that all site improvements are installed, inspected, and approved prior to occupancy of
the site or buildings.
B. Ensure that the proposal complies with the parameters of the use outlined in the application and
supplemental materials submitted therewith including, but not limited to, the following:
1. Enrollment is limited to 140 students;
2. School hours shall be limited to between 8:30 a.m. and 2:30 p.m., Monday through
Friday;
3. Extended childcare hours for students only may be provided between 7:00 -8:30 a.m. and
2:30 -6:00 p.m., Monday through Friday;
4. Outside activities shall be limited to the hours between 10:15 and 10:45 a.m., and 11:15
a.m. and 1:30 p.m.;
5. Students shall not be allowed on the northerly portion of the property between the
buildings and the condominiums to the north.
C. Relocate either building No.5 or No.6 to future building site No.7 as shown on the plot plan
submitted with the application (or, as an alternative, place an additional building on future site
No.7 or establish a minimum 6 ft. high solid fence connecting building Nos. 4 and 5).
D. Prior to the issuance of a building permit, execute and cause the property owner to execute
an agreement to remove the modular buildings within a reasonable time not to exceed four
months after the conditional use permit terminates, either by expiration or revocation, such
agreement to be secured to the satisfaction of the City Attorney.
E. Comply with the plans and any conditions approved by the Design Review Committee (DRC-95-
01).
F. Submit and secure City approval of detailed landscape and irrigation plans, and plans and
specifications for all outdoor play equipment and any proposed signage for review and approval
by the Zoning Administrator.
G. Comply with state licensing and certification requirements, and all codes and requirements of the
City of Chula Vista.
2
J1-r
III. Additional Terms and Provisions of Grant.
A. This permit shall be subject to any and all new or modified conditions imposed after adoption of
this resolution to advance a legitimate governmental interest related to health, safety or welfare
which City shall impose after advance written notice to the permittee and after the City has given
to the permittee the right to be heard with regard thereto. However, the City, in exercising this
reserved right/condition, may not impose a substantial expense or deprive Permittee of a
substantial revenue source which the Permittee can not, in the normal operation of the use
permitted, be expected to economically recover.
B. The City Council shall have the authority to extend the term of this Permit, on the condition that
the applicant shall submit and secure approval of any application for an extension of the permit
at least one year prior to the expiration date (August 24, 1998). Otherwise, a new application
shall be required.
C. This conditional use permit shall become void and ineffective if not utilized within one year from
the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure
to comply with any condition of approval shall cause this permit to be reviewed by the City for
additional conditions or revocation.
IV. Authority to Negotiate and Execute Agreement.
A. The City Manager, or his designee, is hereby authorized to negotiate and execute an agreement
in a form satisfactory to the City Attorney providing for the removal of the modular buildings
as required by Condition No.5. Upon execution by the Owner and Applicant, a copy thereof
shall be assigned a contract number by the City Clerk and kept on file in the Office of the City
Clerk according to the document retention program.
V. The Planning Director shall provide a copy of this resolution to the applicant.
APpr71: t/Jt~m
Bruce M. Boogaard
City Attorney
Presented by
Robert A. Leiter
Director of Planning
m: \shared\attomey\bcdcup. res
3
)l/ ., i
City Council Meeting August 23. 1994
Conditional Use Permit PCC-94-48: Request to establish a temporary
private ::;chol,ll campus at 625 Otay Lake::; Road. Bonita Country Day School
At the Chula Vista Planning Commission hearing on August 10. 1994.
th.' Commission voted unanimously to approve the request for a Conditional
Use Permit to locate Bonita Country Day School at 625 Otay Lakes Road.
Bonita Country Day School. the applicant. asks that the City Council consider
an Amendments to a conditIOn stated in Resolution No. PCC-Q4-48.
Condition #2 states: Assure that all site improvements are installed.
inspected. and approved prior to occupancy of the site or buildings. We
would have no problem with this condition, if the present date was June
1994. However we are nearing the end of August and a traditional school
term normally begins 111 September. It is an impossible task to complete all
site improvements by the first day of schooL
Bonita Country Dav School represents 46 local families who have
children currently enrolled in Bonita Country Day School. These children
must hegin school near the middle .01' September in order to meet the
minimum number of days of attendance required by the State of California.
In order to meet this requirement. we are proposing the following Phase
Plan.
PHASE ONE
. Install all underground utilities
. Install phase one buildings (4 classrooms. multi-purpose room, office)
. Install all blacktop walkways and court area
. Install crushed aggregate between buildings (not visible. fire safety)
. Connect all facades cmd soffets. where applicable
. Complete all grading including berms
Completion date September 19. 1994 at which time the buildings are
occupied for regular classes and the normal activities associated with school.
PHASE lWO
. Install sand pit play area and fencing around play area
. Install trellis and pergolas as specified by final design review of DRC
. Install landscaping on berm as specified on landscaping plan
. Plant lawn in courtvard
. Install temporary fence and pergolas in area of buildings 7.8 and 9
Commencement date September 19 tho Completion date October 31. 1994
PHASE THREE
. Complete landscaping as per the landscaping plan
Commencement datl~ November 1 sr. Completion date December 15. 1994
It is important that this project is completed with quality as our first
priority rather than expedience. By phasing in components of the project. it
will accomplish the goals of' 1) Meeting an operation deadline of opening
the 1994.95 school year on time. 2) Give us time to get the quality we
demand in the finished project.t
1'/-//
III
Fuller Ford
760 BROADWAV
.
CHULA VISTA, CA 91910
.
(619) 426-4440
1-800-826-3939
August 17, 1994
Attention: City Council Members and Staff
City of Chula Vista
City Clerk
276 Fourth Avenue
Chula Vista, CA 91910
RE: Bonita Country Day School opening on Otay Lakes
Road - September 19, 1994.
As concerned parents of a child attending Bonita Country
Day in the Fall, we hope the Council will accept the
school's recommendation of the phase-in period and not
delay opening of the school on September 19th. It is
important as parents to know our child's education will
not be delayed or interrupted and kept on a traditional
calendar. It is reasonable to us to expect the completion,
including landscape, to be finished by the end of 1994.
We appreciate your support of the staff of Bonita Country
Day and their efforts to provide an excellent educational
choice to the youth of Chula Vista.
~;:~L
Douglas G. Fuller
I~/
Barbara
f.c,
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PUBUC HEARING CHECK UST
PUBUC HEARlNG DATE: '6/ .;):=,./ '14-
SUBJECT: ~~~ <y~'<.r~ I"'" ,n ~~:6 Q ~~".J,~
~~ 6-:.:h- Q~~1 .I)~ ~J--Q 1, ..,--t~~O--J- ~ ----- . roJ.
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SENT TO STAR NEWS FOR PUBUCATION -- BY FAX~; BY HAND_; BY MAIL
PUBUCATION DATE y.ll~/9"'1 (~~1-"0 ')
MAILED NOTICES TO PROPERTY OWNERS Qv. ;::tt~~ NO. MAILED
\
PER GC llS4992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
LOGGED IN AGENDA BOOK '6 I to lei 'f'
COPIES TO:
Administration (4) v
Planning
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Engineering ~.
Others
City Clerk's Office (2)
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POST ON BULLETIN BOARDS
"6/11 kj
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SPECIAL INSTRUCTIONS:
7/93
//0/ IS
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 conditional use permit submitted by Bonita Country
Day School to establish non-profit academic school @ 625 Otay Lakes Rd
within PC zone (Bonita Long Canyon Planned Community).
Purpose of reviewing & adopting a Nondisposal Facility Element. A
Nondisposal Facility is defined as any solid waste facility required to obtain
a state solid waste facility permit except a disposal facility or a transformation
facility.
If you wish to challenge the City's action on this matter in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk's Office at or prior to the
public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday,
August 23, 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: August 10, 1994
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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 application
for a conditional use permit. The application, submitted by Bonita Country Day School, requests
permission to establish a non-profit academic school at 625 Otay Lakes Road, within the PC
zone (Bonita Long Canyon Planned Community). The school is proposed as an interim use (five
years), and would serve up to 140 children ages pre-kindergarten through sixth grade in nine
temporary modular buildings on the northerly portion of the Risen Savior Lutheran Church
property. School operations would take place Monday through Friday from 8:30 a.m. to 2:30
p.m., with extended child care for the students available from 7:00 a.m. to 6:00 p.m. A plot
plan and legal description are on file in the office of the Planning Department.
The Environmental Review Coordinator has determined that the previous environmental
documents (EIR-79-2 and Addendum EIR-79-2b) provide adequate environmental analysis of the
project.
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 conditional use permit 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
23, 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:
August 10, 1994
CASE NO. PCC-94-48
COMPLIANCE WITH 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 lbe
hearing impaired.
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" CHULA VISTA PLANNING DEPARTMENT
C!) API'LICANT:Bonita Country PROJECT DESCRIPTION:
Day School CONDmONAL USE PERMIT
ADDRESS: 625 OTAY LAKES IlOAD Request: Private scbool, pre-kindergarten
througb slstb ....de witb extended c:blldc:are
SCALE: FILE NUMBER: boun (7:00 am to 6:00 pm). Interim Ule,
NORTH 1" -= 400' PCC-94-48 maximum rIVe vean.
/4-..23
~\"t
COUNCIL RESOLUTION
~ rf-
14-..2LJ
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING
CONDITIONAL USE PERMIT PCC-94-48 TO ESTABLISH FOR AN INTERIM PERIOD OF
FIVE YEARS A PRIVATE SCHOOL AT 625 OTAY LAKES ROAD AND AUTHORIZING
EXECUTION OF AGREEMENT TO REMOVE SAME AT END OF CUP PERIOD.
WHEREAS, a duly verified application for a conditional use permit was filed with the Planning
Department of the City of Chula Vista on June 16, 1994 by Bonita Country Day School; and,
WHEREAS, said application requests approval of a conditional use permit (pcC-94-48) to establish for
an interim period of five years a private .~hool serving up to 140 pre-kindergarten through sixth graders located
at 625 Otay Lakes Road in the P-C zoning district; and,
WHEREAS, the Environmental Review Coordinator has determined that previously conducted EIR-79-2
and subsequent Addendum EIR-79-2(b) provide adequate environmental analysis of possible impacts, and no
further analysis is necessary; and,
WHEREAS, the Planning Commission held a public hearing on August 10, 1994 and voted 4-0 to
recommend that the City Council approve the project based on the findings and subject to the conditions contained
herein; 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
and its mailing to property owners within an area of 500 feet of the exterior boundaries of the property at least
ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., August 23, 1994
in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Chula Vista does
hereby find, determine, resolve and order as follows:
I. CUP Findings. That the Council makes the findings required by the City's rules and regulations for the
issuance of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that
permits the stated finding to be made.
A. That the proposed use at the location is necessary or desirable to provide a service or racility
which will contribute to the general well being or the neighborhood or the community.
The interim use of this site will allow the school to continue to offer an educational alternative and service
to the community pending the location of appropriate permanent facilities.
B. That such use will not under the circumstances or the particular case, be detrimental to the
health, sarety or general welrare or persons residing or working in the vicinity or injurious
to property or improvements in the vicinity.
The site plan has been designed and conditioned to avoid potential noise impacts to nearby residences,
and architectural enhancements and landscape screening have been utilized to diminish any potential
negative aesthetic impacts considering the interim nature of the use.
I ._ ~
C. That the proposed use will comply with the regulations and conditions specified in the code
ror such use.
The project will be required to comply with all applicable codes, conditions, and regulations prior to the
issuance of development permits, and on a continuing basis thereafter.
D. That the granting or this conditional use permit will not adversely affect the general plan
or the City or the adopted plan or any government agency.
The approval of this permit as conditioned is consistent with City policies and the General Plan.
II. Conditional Grant of Permit; Conditions
The City Council hereby grants Conditional Use Permit PCC-94-48 for a term to expire on August 24,
1999, subject to the following conditions whereby the applicant shall:
A. Assure that all site improvements are installed, inspected, and approved prior to occupancy of
the site or buildings.
B. Ensure that the proposal complies with the parameters of the use outlined in the application and
supplemental materials submitted therewith including, but not limited to, the following:
1. Enrollment is limited to 140 students;
2. School hours shall be limited to between 8:30 a.m. and 2:30 p.m., Monday through
Friday;
3. Extended childcare hours for students only may be provided between 7:00 -8:30 a.m. and
2:30 -6:00 p.m., Monday through Friday;
4. Outside activities shall be limited to the hours between 10: 15 and 10:45 a.m., and 11: 15
a.m. and 1:30 p.m.;
5. Students shall not be allowed on the northerly portion of the property between the
buildings and the condominiums to the north.
C. Relocate either building No.5 or No.6 to future building site No.7 as shown on the plot plan
submitted with the application (or, as an alternative, place an additional building on future site
No.7 or establish a minimum 6 ft. high solid fence connecting building Nos. 4 and 5).
D. Prior to the issuance of a building permit, execute and cause the property owner to execute
an agreement to remove the modular buildings within a reasonable time not to exceed four
months after the conditional use permit terminates, either by expiration or revocation, such
agreement to be secured to the satisfaction of the City Attorney.
E. Comply with the plans and any conditions approved by the Design Review Committee (DRC-95-
01).
F. Submit and secure City approval of detailed landscape and irrigation plans, and plans and
specifications for all outdoor play equipment and any proposed signage for review and approval
by the Zoning Administrator.
G. Comply with state licensing and certification requirements, and all codes and requirements of the
City of Chula Vista.
2
~
'4 - ..2S
III. Additional Terms and Provisions of Grant.
A. This permit shall be subject to any and all new or modified conditions imposed after adoption of
this resolution to advance a legitimate governmental interest related to health, safety or welfare
which City shall impose after advance written notice to the permittee and after the City has given
to the permittee the right to be heard with regard thereto. However, the City, in exercising this
reserved right/condition, may not impose a substantial expense or deprive Permittee of a
substantial revenue source which the Permittee can not, in the normal operation of the use
permitted, be expected to economically recover.
B. The City Council shall have the authority to extend the term of this Permit, on the condition that
the applicant shall submit and secure approval of any application for an extension of the permit
at least one year prior to the expiration date (August 24, 1998). Otherwise, a new application
shall be required.
C. This conditional use permit shall become void and ineffective if not utilized within one year from
the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure
to comply with any condition of approval shall cause this permit to be reviewed by the City for
additional condition~ or revocation.
IV. Authority to Negotiate and Execute Agreement.
A. The City Manager, or his designee, is hereby authorized to negotiate and execute an agreement
in a form satisfactory to the City Attorney providing for the removal of the modular buildings
as required by Condition No.5. Upon execution by the Owner and Applicant, a copy thereof
shall be assigned a contract number by the City Clerk and kept on file in the Office of the City
Clerk according to the document retention program.
V. The Planning Director shall provide a copy of this resolution to the applicant.
APpri!: t!lt~
Bruce M. Boogaard
City Attorney
Presented by
Robert A. Leiter
Director of Planning
m: \aharcd\attomey\bcdcup.res
3 -1
LOCATOR AND SCHOOL PLANS
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C) APPLICANT: Bonita Country PROJECT DbICRIPTION:
Day Scbool t.9NDm NAL USE PERMJI
ADDIIElI: '2S OTAY LAKES ROAD Request: Private .cbool, pre-kindel"larten
tbrougb .\stb arade wltb nteaded cbDdeare
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CIRCULATION EXHIBIT
- J t - 35
BONITA VIEW
TERRACE CONDO
VACANT LOT
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AM "[AK HOUR
PM P[AK HOUR
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CAllE CENTER
OTAY LAKES ROAD
----
IONITA VISTA
JUNIOR HIGH SCHOOL
40 IAPH
19,200 (NB 10,290 5B 8,910)
NB 10:45-11:45 5B 7:00-8:00
HI 12:45-1:45 5B 5:45-6:45
ACC. RATE 0.73 < 2.49 STATE
ACC. PAST 3YRS I (1/1/11-12/31/93)
NO SCALE
----
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CREDIT UNION
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DESIGN REVIEW COMMITTEE MINUTES
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14-:!:>7
EXCERPT FROM THE DRAFf
MINUTES OF A REGULAR MEETING OF THE
DESIGN REVmW COMMITTEE
Mondav. August 8. 1994
4:30 p.m.
Conference Rooms 2 and 3
4.
DRC-95-01
Bonita CountrY Dav School
625 Otav Lakes Road
Temoorary Classrooms/Preliminary Presentation
Staff Presentation
Associate Planner Hernandez briefly reviewed the project, which consists of the installation of nine
temporary modular buildings, play equipment, and landscaping at the northerly portion of the Risen
Savior Lutheran Church site. He stated that the Design Review Committee had previously approved
a master plan for this site which included a school use; however, this was to be a temporary facility.
Mr. Hernandez stated that staff had advised the applicant of concerns regarding architectural
treatment, and current plans included trellis features intended to enhance the buildings. Mr.
Hernandez stated that this was to be a preliminary presentation only, and input from members
should be on an individual basis.
Applicant Suzanne Catanzaro reviewed the school's past operations, and stated that the modular
buildings had been chosen due to the speed with which they can be installed. She stated that the
buildings to be used are not similar to trailers, and presented photographs showing other modular
buildings around the County. In response to questions, she confirmed that the trellis features would
be occurring only at buildings #1 and #6, and that connecting soffits occur between buildings. .
Committee Comments
Member Rodriguez suggested that trellises be utilized to create more connections between all of the
buildings. He also felt that the colors should complement the sanctuary, including the use of more
accent colors which complement the church accents, possibly with lighter or darker variations of
the church accent color. He requested details on railings if they were to be utilized, as well as more
specific details on the trellis features. Member Kelly suggested that columns, freestanding trellis
structures, or other elements be installed along the area where buildings #7, #8, and #9 will
eventually be installed. Chair Spethman suggested that a fencing treatment could be utilized to tie
buildings #5 and #6 to the remainder of the existing building.
Member Way stated that the landscaping needed enhancing; he felt that the plant sizes shown were
not sufficient, adding that the existing Church landscaping was not well maintained. Member
Spethman also voiced strong concerns regarding the landscaping proposed, stating that while
landscaping should not be a solution to screen architecture, this case was an exception. Member
Duncanson stated that due to the predominance of horizontal lines throughout the project, more
vertical elements should be added.
Mr. Hernandez summarized the committee's comments as follows:
1. Further connecting treatment should be utilized between buildings (e. g. such as with the
trellis structure utilized on buildings #1 and #10.
2. Colors should complement the existing church, including accent colors
~
14 -..3 Y
3. Structural details should be provided for the trellises.
4. Fencing at the location of buildings #7, #8, and #9 should be set back and a pergola or other
freestanding structure to carry landscaping be installed in the interim.
5. More cohesive design to tie into the existing sanctuary.
6. More substantial landscaping is needed since it is a major screening component; larger sizes
and larger numbers of plants.
7. Vertical articulation is needed throughout the complex.
Committee members stated that these comments covered their concerns.
-A
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CHURCH MASTER PLAN
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SUPPLEMENT AL INFORMATION
FROM APPLICANT
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Conditional Use Permit Application
DQ-097
PCC-94-48
Applicant
Bonita Country Day School
P.O. Box 1226
Bonita, CA. 91908
(619) 656-0141 or
(619) 421-5008
Contact Paul Catanzaro
Project Location:
625 Otay Lakes Road
DescriptioD
The project site consists of a 4.14 acre previously graded parcel with
an existing church sanctuary of 4300 sq. ft on the southern third of this
property owned by Risen Savior Lutheran Church. The parcel is located on
the east side of Otay Lakes Road between Canyon Drive and Ridge View/
Camino Elevado within Bonita Long Canyon master plan Surrounding land
uses include open space to the east, Bonita Vista Middle School to the west
across Otay Lakes Road and a multi-family residential complex to the north.
A 100 ft downward slope separates the project site from single family
residences to the east The approved phase 11 of the site proposed several
additional structures including two classroom buildings 2625 sq. ft each to
accommodate 180 students.
Proposal
Bonita Country Day School. a non profit academic institution. proposes
to locate nine modular classroom buildings of 960 sq. ft each on the north
and northeast perimeter of the property for a period of five years. The
school would accommodate a maximum of 140.students over the five year
period in pre kindergarten through sixth grade. At the end of the five year
period all structures would be removed leaving the property in its present
condition so that Risen Savior Lutheran Church could proceed with its Phase
n construction of permanent classroom buildings. fellowship hall. etc.
The center area of the property would be used for outdoor eating and
playground. The existing landscaping. shrubbery and 84ft. upward bank
create a visual and noise buffer for the adjacent multi-family residential
units to the north of the property. There are three driveways leading to
parking and drop-off area. A median and left turn out lane has been
constructed on Otay Lakes Road so that the two driveways at either end can
be designated as right turn in and right turn out only. with the center
driveway being two-way. There is an existing landscape buffer to mitigate
noise from Otay Lakes Road.
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DQ-097 PCC-94-48 Bonita Country Day School
page 2
General Plan
Buildings:
The modular classrooms are constructed to an E 1 building code.
These pre fabricated buildings are in use at numerous public and non public
school sites throughout San Diego County. Six buildings would be located on
the property initially. One would be used for administrative offices and
storage, one to be used as a multipurpose facility for assemblies. parents
meetings and lunch on rainy days. Four would be classrooms with bathroom
facilities. The three remaining classrooms would be added in two to three
years as needed to accommodate enrollment
Playground:
The outdoor area would be used on rotation in order to separate the
older children from the younger ones. Grades I, 2. and 3 would eat lunch
and have outdoor recess from 11:25 a.m. to 12:25 p.m. Grades 4. 5, and 6
would use the outdoor lunch area and playground from 12:30 p.m. to 1:30
p.m. A separate enclosed playground and eating area adjacent to the pre
school and kindergarten classrooms would be for their exclusive use.
Outdoor recreation areas would be covered with playground turf and tan
bark under future climbing structure.
Fencing:
The intent is to provide an attractive. open appearance from Otay
Lakes Road. Therefore, it is not desirable to have a continuous running
fence surround the project The small children's playground will be
enclosed by a 4 ft. chain link fence with a gate for access. The general
playground area and open space will be bordered by a combination of chain
link fencing to the south. natural grade and plantings to the east. the
classrooms to the north and groomed shrubbery to the west, which faces
Otay Lakes Road.
Traffic:
Transportation is typically provided by parent carpools. Heavy traffic
time would be between 8: 15 and 8:30 for arrivals and 2:30 to 2:50
departures with approximately 30 vehicles. The median and left turn lane
on Otay Lakes Road provides for safe ingress and egress. Some children ride
public transportation and there is a bus stop at the property. Approximately
30 students arrive before 8:00 am. and depart between 4 and 6 p.m.
Co-Use:
The proposed school use is compatible with the current church use of
the property. The school would be in session Mondays through Fridays from
8:30 am. to 2:30 p.m. with extended care before and after school from 7:00
a.m. to 6:00 p.m. The church use is on Sundays and evenings. The alternate
times of operation would provide for a co-use of the multipurpose facility
and playground.
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DQ-097 PCC-94-48 Bonita Country Day School
page 3
Community Advantage:
Bonita Country Day School has served hundreds of families in the
South Bay for ten years. The school is currently operating under a Chula
Vista Conditional Use Permit. which expires August 1994. at an EastLake
facility. Over this ten year period, the school has served the community
well Bonita Country Day School has brought positive local and national
recognition to Chula Vista, not only for its innovative policies. but also for
the high academic achievements of its students.
Bonita Country Day School is unique to the community offering the
only non denominational alternative to public education. The ratio of
students to faculty is 12: 1. Its small class size addresses the needs of
handicapped students with 30% of the students certified learning disabled
The nearest school offering similar services is located in Del Mar. California.
Specific Aspects:
This site has several aspects which makes it a very desirable location
for a schooL It is on the border of residential areas. yet it is not in a
commercial zone. It is within walking distance to three communities:
Bonita Long Canyon. Bonita Ridge. and Rancho Del Rey. The existing turn
out lane makes it safe and easy for dropping off and picking up students.
The existing parking area creates a setback for a safe playground area. The
hilltop setting is a natural noise buffer for the single family residences to the
east Three educational institutions exist in the vicinity: Bonita Vista
Middle School across the street. Bonita Vista High School and Southwestern
College to the south.
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PCC-94-48
Bonita Country Day School
OUTDOOR PLA YGRAOUND ACTIVI1Y SCHEDULE.
MORNINGRECESS
Kmdergarten through
Third Grade
10: 15 - 10:30
TOTAL,. of students
21
Fourth Grade through
Sixth Grade
10:30 - 10:45
TOTAL,. of students
25
LUNCH&AFTERNOONRECESS
Classroom 1
KIndergarten and FIrst Grade
AReo, G iind 6 year olds
. -
Number of students 6
Lunch 11: 15 - 11:40
Clean-up and Individual Free Play 11:40 - 11:55
Orgamzed Games or Activity 11:55 - 12:25
ClalSsroom 2
Second and Third Grades
Age~ 7. 8 and 9 years olds
Number of students 15
Organized Games or Activity
11: 15 - 11:55
11:55 - 12:05
12:05 - 12:25
Wash-up and get lunches
Lunch and Clean-up
TOTAL,. of students eating lunch orpJaying outdoors 11: 15-12:30 21
Classroom 3
Fourth and Fifth Grades
Ages 9, 10 and 11 year olds
Number of students 11
Lunch
12:30 - 12:50
Clean-up and Individual Free Play 12:50 - 1:00
Orgamzed Games or Activity 1:00 - 1:30
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PCC-94-48
Bonita Country Day School
Classroom 4
Sixth Gradt:
Ages: 11 and 12 year olds
Number of students: 14
Organized Games or Activity
12:30 - 1:00
1:00 - 1: 10
Wash-up and get lunches
Lunch
I: 10 - 1:20
Clean-up and Free time
1:20 - 1:30
Total' of students eating lunch or playing outdoors 12:30 - 1:30 25
. Above figures are based on actual numbers of students enrolled.
School policy does not allow more than 15 students per teacher/classroom.
THEREFORE THERE WOULD BE NO MORE THAN 30 STUDENTS
OUTDOORS AT ANY GIVEN TIME.
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PROJECT FACT SHEET
. This project received unanimous approval from the Planning CommisslOn
on August 10. 1994.
.
School hours are as:
From 8:30 AM to 2:00 PM for preschool through kindergarten
From 8:30 AM to 2:30 PM for grades one through six
Extended care from 7:00 AM to 8:30 AM and 2:00 PM to 6:00 PM
.
Well supervised, small classes with student/teacher ratio 8 : 1 to 15: 1.
. Carefully screened students from good local families who are dedicated to
their children's education. The school screens out behavior and
diSCipline problems.
. Elevated berm planted with fast growing plants and shrubs on the street
side of the site will increase privacy on campus while blocking the
visibility of the project from Otay Lakes Rd.. as well as further attenuate
traffic: noise.
. The campus has been configured to contain all activities on the south
side of the classroom buildings. The buildings will then act as a sound
barrier between outdoor school activities and the neighboring condos.
. This configuration will have the additional benefit as a natural sound
barrier, 24 hours a day. against traffic noise generated for Otay Lakes
Road.
. The younger children's playground will be approximately 200 feet from
the northern property line. Activities are supervised by the classroom
teachers.
. Prevailing winds from the north will further assist in carrying sound
away from the condos.
. The first year we expect total enrollment to be about fifty students and
not more than thirty students outdoors at any given time.
. The location of a first rate independent private school is generally
considered to enhance property values in the immediate area
. We promise a highly cooperative and responsive approach from both the
school and the church administrations.
. With cooperation and open communication between the church. the
school and the condo owners association. we will be able to refine and
optimize the configuration of the church's permanent school buildings.
and minimize or eliminate any negative impact on the condo complex
based on experience. NOT SPECULATION.
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Ciry Council Meeting August 23, 1994
PROPOSAL OVERVIEW
.
Bonita Country Day School is the ONLY independent private school in
the entire south bay.
. Bonita Country Day is one of only two school in all of San Diego
County dedicated to serving learning disabled children. (The other
is the Winston School located in Del Mar.)
. Bonita Country Day School is a California 50 l-c3 non-profit corporation
well known in education circles for its innovative programs and its
success with learning disabled students.
. The property owner, Risen Savior Lutheran Church, has a previously
approved conditional use permit for a school on the site to accommodate
180 studenrs.
. Bonita Country Day would lease the land from the church for a temporary
campus in order to continue the school for the 44 students currently
enrolled. BCD has no facility at this time. School year begins Sept 12.
. This arrangement is of great importance to enable both the church and
the schoo! to expand our services to this community. At the end of the
five year lease the school will remove its modular buildings and the
church will then have the resources to construct their schooL BCD
will also use the lease period to grow our building fund and build our
pennanent campus within the Baldwin development.
. All buildings will be installed at ground level eliminating the need for any
ramping or other unsightly appendages, creating the appearance of a
typical schoo! campus.
. The school plans to re-Iocate within Baldwin Salt Creek community at
the end of the five years. Baldwin Corporation has re-affirmed its
commitment to the school in a meeting with Rob Cameron. a corporate
vice president. this past June.
. Over eight hundred South Bay students now attend private schools
located in La Jolla, Del Mar. and the City of San Diego. Bonita
Country Day School would like to continue our growth and give these
children an opportunity to get their education closer to their homes. We
would also like to keep the teaching and administrative jobs as well as
other jobs related to school operations here. within Chula Vista By the
year 1999, we project a payroll in excess of thirty employees at the new
Salt Creek location.
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CHURCH NOISE STUDY
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Report No. 9131
November 20, 1991
JAMES C. BERRY - ACOUSTICIAN
2401 Trace Road
spring Valley, CA 91978
(619) 660-0064
REPORT ON AN ACOUSTICAL STUDY
Risen Savior Lutheran Church
625 Otay Lakes Road
Chula Vista, CA 91913
John T.Sigurdson - Architect
8270 University Avenue
La Mesa, CA 91941
Prepared for:
Wisconsin Synod
Board for Hom~ Missions
2929 North Mayfair Road
Milwaukee, WI 53222
Through:
James C. Berry
Acoustician
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James C. Berry - Acoustician
(619) 660-0064
Report No. 9131
Page 1
REPORT ON AN ACOUSTICAL STUDY
Risen Savior Lutheran Church, Chula vista
INTRODUCTION
The proposed Risen Savior Lutheran Church complex will be located
at 625 Otay Lakes Road, Chula vista 91913, and will comprise a
sanctuary and parking in the first phase and classrooms, fellow-
ship, a parsonage and additional parking in the second phase. The
site is on the north-east side of Otay Lakes Road with a Junior
High School almost opposite and existing multi-family dwellings to
the north. To the east and south, the land falls away steeply in-
to canyons where part of the Bonita Long Canyon residential devel-
opment is located (Thomas Brothers Map No. 70 E3). A portion of
the master site plan is attached to this report.
EXISTING CONDITIONS
The site was visited on Monday, November 18, 1991, for familiar-
ization purposes and to make noise measurements.
The site has been graded flat and level but is presently unoccu-
pied. Otay Lakes Road crests at the high school almost opposite
but, past the site, there is a slight but steepening downgrade
from south-east to north-west. The road is fully improved at this
location with an 80 foot wide pavement and 10 foot wide sidewalks
and verges. The road is currently striped for 2 lanes in each
direction, a center left turn lane and bicycle lanes. The posted
speed limit is 40 mph past the site, rising to 50 mph just to the
north-west.
The major source of noise on the site is the traffic on otay Lakes
Road which currently carries 18,000 Average Daily Trips (ADT)
(Source: Map of Average Weekday Traffic Volumes issued by SANDAG).
Noise measurements were made on the site using a Quest Electronics
precision Integrating Sound Level Meter, TYpe 1800, which meets
all applicable U.S. and International Standards for TYpe 1 instru-
ments (ANSI 51.4-1983: IEC 604-1979 and 804-1984). The sound lev-
el meter was calibrated prior to the measurement. It was mounted
on a tripod at a height of 1.2 meters from the ground and was fit-
ted with a windscreen.
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James C. Berry - Acoustician
(619) 660-0064
Report No. 9131
Page 2
Because of the layout of the site relative to the traffic source,
only one measurement location was deemed necessary to define the
noise environment. The sound level meter was placed at a distance
of 50 feet from the edge of the pavement, that is 90 feet from the
centerline of otay Lakes Road. The location is shown as Hl on the
attached map. The measurement was made for 23 minutes and, due to
the consistency of the traffic flow, was considered to be repre-
sentative of a typical weekday, daytime hour. Traffic passing the
site was also counted for 20 minutes concurrently with the noise
measurements.
The results of the measurements were as follows:
Noise Levels in dB(A) - 23 minutes vehicles for 20 minutes
Highest Lowest Average Medium Heavy
Lmax Lmin Leg Autos Trucks Trucks
84 42 60 277 2 1
The maximum level of 84 dB(A) was caused by the 1 heavy truck
passby. The minimum level of 42 dB(A) indicates the underlying
ambient. Note that a traffic count of 280 vehicles in 20 minutes
is a rate of 840 vehicles per hour or 14,483 ADT. This value is
lower than the typical flow of 18,000 ACT reported by SANDAG and
indicates that the measured noise level was also low. Traffic
noise varies with flow by the factor of ten times the logarithm to
the base ten of the ratio of the traffic volumes. The measured
Leq was thus adjusted upwards by 1 dB(A) to allow for the differ-
ence between the measured and the typical traffic flow.
The relationship between the typical weekday daytime average
hourly noise level [Leq(hour)) and the long term community noise
levels (CNEL or Ldn) is given by:
CNEL or Ldn - Leq(hour) + 2 dB(A)
Thus, at the measurement location, the community noise level was
63 dB(A) CNEL/Ldn. The existing 65 dB(A) contour occurs at a
distance of 57 feet from the centerline of otay Lakes Road and the
60 dB(A) contour is 180 feet from the same datum. These contours
are shown on the attached map.
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James C. Berry - Acoustician
(619) 660-0064
Report No. 9131
Page 3
FUTURE CONDITIONS WITHOUT THE PROJECT
By the year 2010, traffic on Otay Lakes Road will have risen to
32,100 in the section past the church site (source: Mr. zoubir
Ouadah, city of Chula vista Traffic Engineering). This increase
will have the effect of raising the noise level along the road by
2.5 dB(A). Acoustically, fractions of a decibel have no real
meaning because the average human being cannot detect changes in
noise levels of less than 3 dB. However, theoretically, the 65
dB(A) CNEL/Ldn contour will move out to a distance of 101 feet
from the centerline of the road and the 60 dB(A) contour will be
319 feet from the same datum. The future contours without the
project are also shown on the attached map.
FUTURE CONDITIONS WITH THE PROJECT
Construction Noise.
construction of the project will involve the building of the
sanctuary and its associated parking lot for 57 vehicles in the
first phase and the classrooms, fellowship, parsonage and parking
for an additional 84 vehicles (total 141) in the second phase.
This construction will cause a significant and mostly unmitigable
but temporary noise impact on the adjacent residences. However,
construction and demolition noise are exempt from the City's
exterior noise standards under section 19.68.060 of the Chula
vista City Code.
Modern construction equipment, properly used and maintained, meets
applicable state and federal noise standards. In addition, con-
struction noise is controlled by means other than acoustical be-
cause it is usually limited to the hours between 7 a.m. and 7 p.m.
Monday through saturday with no work being allowed on Sundays or
holidays, except for emergencies.
When the project is completed, all construction noise will cease.
Pro;ect Imn8.ct.
A church and its associated activities are not normally considered
to be significant noise sources. They are considered to be entire-
ly compatible with residential neighborhoods, provided that there
are no unusual noises created by the church's operations. Two pos-
sible noise sources will be present at this project and these are
discussed below.
.
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James C. Berry - Acoustician
(619) 660-0064
Report No. 9131
Page 4
1. Play Area - Facilities such as play areas can sometimes cause
concern as potential noise makers. This particular play area
will be located where it will be behind the future classrooms
relative to the road and to the north of the fellowship build-
ing. The center of the play area will be about 120 feet from
the east property boundary which is at the bottom of a steep
bank and which overlooks a canyon. Due to shielding by the
topography, there will be no significant noise impact in this
direction. The north boundary is about 180 feet from the cen-
ter of the play area. At this boundary is an existing multi-
family residential development, however, residences facing
the play area also have a clear view of the traffic on otay
Lakes Road and their exterior noise leVel will be in excess
of 60 dB(A) CNEL/Ldn due to the traffic noise. Playground
noise is expected to be insignificant compared to the traffic
noise.
Playground noise itself can be controlled by limiting its
hours of operation and by strict supervision.
2. Project Generated Traffic - There will eventually be parking
for 141 vehicles, 57 in the first phase and an additional 84
later. All of this project traffic must use otay Lakes Road.
A worst case scenario would occur if all of the vehicles were
to arrive within a short space of time for a popular event,
mixed in with an otherwise typical daytime hour. Because of
the development in and around the area, it can be assumed
that the vehicles will be equally divided between an east and
west direction of travel on Otay Lakes Road.
The short and long term impact on the noise due to the pro-
ject generated traffic will be as follows:
Year
Traffic on otay
Typical Flow
Per Hour
Lakes Road
Project
One Hour
Rise in Noise Level
Due to Project
dB(A)
1992
2010
1044
1862
29
71
Less Than 1/4
Less Than 1/4
Thus it can be seen that the project generated traffic noise
will create no significant impact along otay Lakes Road.
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James C. Berry - Acoustician
(619) 660-0064
.
Report No. 9131
Page 5
Imnact on the Pro;ect.
At its closest point to Otay Lakes Road, the sanctuary will have a
future noise level of 63 dB(A) CNEL/Ldn. When they are built, the
classrooms will have exterior noise levels in the range 63 to 64
dB(A) CNEL/Ldn.
The future fellowship will have a maximum noise level of about
59 dB(A) in the exposed south corner. The play area will be
shielded by the classrooms and the fellowship to a level of less
than 55 dB(A) CNEL/Ldn. Also, because of the shielding of the
other buildings on the site and the adjacent residential develop-
ment to the north, the parsonage will have noise levels below
60 dB(A) CNEL/Ldn.
MITIGATION
Exterior.
Church property and facilities are normally considered to be a
compatible land use with noise levels up to 65 dB(A) CNEL/Ldn.
Only the parking lot along Otay Lakes Road will experience noise
levels above this value (see attached map) and this is not consid-
ered to be a noise sensitive receptor. In addition, there are no
recreational areas or residential units where the noise levels are
above 60 dB(A) CNEL/Ldn. Thus, no exterior mitigation is deemed
necessary on this project.
Interior.
The classrooms may require some mitigation. The future exterior
noise levels will be in the range of 63 to 64 dB(A) CNEL/Ldn.
Typical California type construction will provide a noise reduc-
tion of 15 to 20 dB(A) if windows and/or doors are partially open
and 25 to 30 dB(A) if all windows and/or doors are closed (Source:
County of San Diego Noise Element). Thus, if the classrooms have
openable windows facing on to otay Lakes Road, noise levels inside
the rooms could be in the range of 43 to 48 dB(A) CNEL/Ldn. The
recommended noise level for classrooms is a maximum of 45 dB(A)
and so it can be seen that these rooms could be excessively noisy
if the windows were open. This means that the classrooms should
have the option of closing the windows in order to achieve the
lower noise levels, in which case some form of mechanical
ventilation, such as air-conditioning, should be provided.
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James C.Berry - Acoustician
(619) 660-0064
Report No. 9131
Page 6.
SUMMARY OF FINDINGS
The site is presently unoccupied although it has been graded flat
and level. The major noise source on the site is the traffic on
Otay Lakes Road which currently carries 18,000 ADT. The existing
65 dB(A) contour is at 57 feet from the centerline of the road and
the 60 dB(A) contour is at 180 feet from the same datum.
By 2010, traffic on otay Lakes Road will rise to 32,100 ADT and
the 65 dB(A) contour will move to 101 feet from the centerline of
the road.
There will be no buildings in either phase I or 2 that will be
impacted by noise levels above 65 dB(A) CNEL/Ldn and no recrea-
tional areas or residences will be impacted by noise levels above
60 dB(A) so no exterior mitigation is required on this project.
Classrooms facing on to Otay Lakes Road could have noise levels in
excess of 45 dB(A) if windows were open along these walls. Noise
levels should not exceed 45 dB(A) in classrooms so windows must
remain closed in order to meet this requirement. Some form of
mechanical ventilation such as air-conditioning will be required
in these classrooms.
The play area and project generated traffic are not expected to be
significant noise sources.
~;
James C.Berry,
Acoustician.
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ENVIRONMENTAL
DOCUMENTATION
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ADDENDUM TO ENVIRONMENTAl IMPACT REPORT EIR-79-2(b)
BONITA LONG CANYON ESTATES
I. INTRODUCTION
I
The environmental review procedures of the City of Chula Vista allow the
Environmental Review Coordinator (ERC) to prepare an addendum to a
Negative Declaration Or Environmental Impact Report, if one of the
following conditions is present:
1. The lIinor changes in 'the project design which have occurred since
completion of the Final EIR or Negative Declaration have not created
iny new significant environmental impacts not previously addressed
in the Final EIR or Negative Declaration,
2. Additional or refined environmental data available since completion
of the Final EIR does not indicate any new significant environmental
impacts not previously addressed in the Final EIR or Negative
Declaration; and
3. Additional or refined information available since completion of the
Final EIR or Negative Declaration regarding the potential
environmental impact of the project, or regarding the Ileasures or
alternatives available to mitigate potential environmental effects
of the project, does not show that the project will have one or more
significant impacts which were not previously addressed in the final
EIR or Negative Declaration.
This addendum has been prepared in order to provide additional
information and analysis concerning the illlPacts of the addition of one
building to the proposed project. As a result of this analysis, the
basic conclusions of the Environmental Impact Report have not changed.
Noise, traffic, and visual quality impacts are deemed to be less than
significant for the proposed project.
Therefore, in accordance with Section 15164 of the CEQA Guidelines, the
City has prepared the following addendum to the Environmental Impact
Report for the Bonita Long Canyon Estates EIR-79-2(b)
II. BACKGROUND
PROJECT NAME: Risen Savior Lutheran Church
PROJECT LOCATION: 625 Otay Lakes Road (APN: 564-130-51)
PROJECT APPLICANT: Risen Savior Lutheran Church
391 Bay Leaf Drive
Chula Vista, tA 11910
PROJECT AGENT: John T. Sigurdson
8270 University Avenue
La Mesa, Ca 91941
~'i
DATE: October 21, 1991
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CASE NO: EIR-79-2(b)
In February 1979, the Bonita Long Canyon Estates EIR (79-2) assessed the
environmental impacts of a 650-acre residential development project,
including a multi-family development which was proposed on the project
site. An amendment to the EIR (November 1985) evaluated the impacts of a
revised project, which proposed development of a religious institution on
the site.
III. PROJECT DESCRIPTION
The proposed project involves the construction of a one-story, 4,400
square foot church sanctuary with 56 parking spaces. The project is the
first phase of a larger project which will eventually include the
construction of approximately 12,575 square feet in 4 additional church
buildings, an outdoor play area, and 85 additional parking spaces.
The project site is a 4.1 acre lot, previously graded, which contains
natural grasses and shrubs. Surrounding land uses include open space to
the south, Bonita Vista Junior High to the southwest, and Ilulti-family
residential to the north. To the east, a canyon slopes downward
approximately 100 feet to single-family residential. A San Diego Gas &
Electric 69 KV power line cuts across the southwest corner of the lot
through an existing SDG&E easement.
IV. IDENTIFICATION OF ENVIRONMENTAL EFFECTS
1
A. Noise
The Chula Vista Municipal Code (Section 19.58.110) prOVides that any
church or other religious or eleemosynary institution be required to
construct a solid 6-foot masonry wall on all property lines abutting
a residential zone, in order to reduce potential noise impacts to a
level of less than significant. This fence or wall Ilay be reduced
to 3-1/2 feet in a landscaped front setback area which does not
contain parking facilities. In addition, side, rear and front yard
setbacks of at least 20 feet are required.
The proposed project would al so be associated with potential noise
impacts during the construction phase of the project. Hoise impacts
would result from the use of construction equipment which can range
up to 70 dB(A) and above for earth moving equipment.
Although project construction would represent a temporary,
significant impact on ambient noise levels, they will be short-term,
and w111 terminate upon completion of the project. Thus, with
compliance to these conditions of project approval, noise tllpacts
are deemed to be less than significant.
B. Traffic
The City of Chula Vista's Threshold/Standards Policy requires that
all intersections operate at a Level of Service (LOS) .C. or better,
with the exception that LOS .D" Ilay occur during the peak two hours
of the day at signalized intersections. Intersections west of I-80S
Ilay not operate at an LOS below their 1987 LOS, and no intersection
Ilay reach LOS .E" or "F" during the average weekday peak hour.
MPC 9171' (I.v. 10'21,'1)
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,
The City Engineering Departlllent has reviewed the proposed project
and determined that it will not adversely impact Average Daily
Traffic (ADT) on surrounding roads or intersections, or cause Levels
of Service to fall below threshold standards. The estimated number
of one-way auto trips per day which will be generated by the project
is 66 Monday through Saturday and 19S on Sunday. Currently, the ADT
on Ohy Lakes Road is 18,410, with an LOS of "A". After project
completion, the estimated ACT is 18,608, and the LOS will remain at
eA-.
Street improvements 1ncluding construction of a 4-foot raised
lledian, driveway approaches, and striping of the roadway will be
required. Transportation DIF and traffic signal fees are also
required.
The proposed project may have a significant impact on traffic during
the construction phase of the project. However, since these impacts
will be short-term and temporary, and will terminate upon completion
of the project, they are not deemed to be significant.
Thus, with compliance to these requirements, this project will not
result in substantial adverse traffic impacts.
C. Visual Quality
The proposed project conststs of the construction of woodframe and
stucco buildings, concrete walls and patios, and landscaping.' The
site has been previously graded and conhins no trees or unique
geological features. The use of this site for a religious
institution was assessed for visual and aesthetic impacts (EIR-79-2
and Addendum) for a previously approved plan. The project is
subject to Design Review approval which will ensure compliance with
the City's design standards. With compliance to all design
specifications determined during the Design Review process, visual
impacts are deemed to be less than significant.
D. Soils
The City Engineering Department requires that a geoteChnical/soil s
report be completed prior to issuance of a building permit. With
compliance to specific site preparation standards identified in the
report and standard development codes requiring correction of
adverse soils conditions prior to the construction of buildings, no
significant adverse soils iapacts will result from the project.
E. Fire/EMS
The Threshold/Standards Policy requires that fire and ..dical units
must be able to respond to calls within 7 .inutls or llss in 851 of
the cases and within 5 .inutes or less in 75 1 of the cases. The
City of Chula Yista has. indicated that this threshold standard will
be met, since the nearest fire station is 1.1 .ills away and would
be associated with a 4 minute response time. The proposed project
will comply with this Threshold Policy.
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The applicant must comply with all "equirements set forth by the
Chula Vista Fire Department. Provisions must be aade to provide
fire flow for the largest building proposed for the facility. Fire
flow can reduced up to SO% in most cases if buildings are provided
with an automatic fire sprinkler system. The sanctuary and
fellowship hall IIUSt be sprinklered and Article 14 of the 1988
Uniform Fire Code requires a aanual alaY'lll system for the sanctuary.
In addition, a fire break, fuel break, or special landscaping aay be
required to protect the facility from damage which could be caused
by wildland fires burning up slope towards the facility. With
adherence to these and any additional conditions expressed by the
Fire Department, fire impacts will not be significant.
F. Police
The Threshold/Standards Policy "equires that police units must
respond to 84" of Priority 1 calls within 7 lIinutes or less and
maintain an average response time to all Priority 1 calls of 4.5
minutes or less. Police units must respond to 62.10% of Priority 2
calls within 7 minutes or less. The proposed project will comply
with this Threshold Policy.
The Police Department has indicated that they will be able to
maintain an acceptable level of service with this project.
Parks/Recreation
G.
The Threshold/Standards Policy for Parks and Recreation is 3
acres/l,OOO population. This Threshold/Standards Policy applies
only to residential projects. Thus, the proposed project is exempt
from the policy.
H. Drainage
The Threshold/Standards Pol icy requires that storm water flows and
volumes not exceed City Engineer Standards. Individual projects
will provide necessary improvements consistent with the Drainage
Master Planes) and City Engineering Standards. The proposed project
will comply with this Threshold Policy.
Onsite drainage facilities direct surface flow to the northwest
corner of the lot, where a drop inlet and 18-inch reinforced
concrete pipe (RtP) collect and convey "un off under otay Valley
Road. Offsite drainage facilUies are comprised of an 18 inch RCP
under Otay Lakes Road and a natural channel downstre.... A brow
ditch collects runoff from east slopes. The City Engineering
departaent has confiraed that these facilities are adequate to serve
the proposed project.
I. Sewer
The Threshold/Standards Policy requires that sewage flows and
volumes shall not exceed City Engineering Standards. Individual
projects will provide necessary improvements consistent with Sewer
Master Planes) and City Engineering Standards. The proposed project
will comply with this Threshold Policy.
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The proposed project would generate approximately 1,060 gallons of
liquid waste per day, which would be served by a 8 inch polyvinyl
chloride (PVC) pipe in Otay Lakes Road. The. City Engineering
department has indicated that this line is adequate to served the
proposed project.
.1. lIater
The Threshold/Standards Policy requires 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 Policy.
Human Health.
K.
,
A San Diego Gas 1 Electric 69 KV power line cuts across the
southwest corner of the lot through an existing SDGlE easement. All
buildings and the play area should be set back from the transmission
1i nes such that no construct ion takes place in the right-of-way.
The proposed project design places the parking area along the
western boundary of the site, with all additional construction east
of the parking lot. This arrangement lIitigates potential health
hazards from electric and magnetic fields associated with the
transmission lines to a level of less than significant.
V. CONCLUSION
Noise, traffic and visual quality impacts are deemed to be less than
significant for the proposed project. The applicant will be required to
comply with the conditions developed during the design review process,
and all conditions of project approval.
Pursuant to Section 15164 of the State CEQA Guidelines and based upon the
above discussion, I hereby find that the project revisions to the
proposed project will result in only minor technical changes or additions
which are necessary to lIake the Environmental Impact Report adequate
under CEQA and recommend that the Planning 'Commission adopt this addendum
to Environmental Impact Report EIR-79-2(b) prior to taking action on the
. proposed project.
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MARYANN MILLER
ENVIRONMENTAL REVIEW COORDINATOR
REFERENCES:
General Plan, City of Chula Vista
Title 19, Chula Vista Municipal Code
City of Chula Vista Environmental Review Procedures
Bonita Long Canyon Estates EIR 79-2, February 1979
Addendum to Bonita Long Canyon Estates EIR-79-2, November 1985
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EIR 7lr2
SUMMARY/ABSTRACT
This EIR describes the overall impacts of the development
of the 6S0 acre Long canyon portion of El RAncho del Rey. The
project consists of an annexation to the City of Chula Vista and
subsequent development of 824 dwelling units including a S6 unit
. apartment complex along Otay Lakes Road. 'l'he 768 single family
units will be built primarily on large lots and will be oriented
toward equestrian activities. Most of the construction will be
restricted to the ridge-tops and flatter slopes, 320 acres of
open space will be dedicated to the city. .
The project lies along the northeastern boundary of the
City and southeast of the community of Bonita. It encompasses
an area of irregular terrain with steep-sided canyons and con-
siderable native vegetation. Its other features include
erodable and expansive soils, some ancient landslides, high
runoff due to low soil permeability, and two significant
archaeological sites.
The major factors of concern are associated with topo-
graphic changes (cutting ridge-tops up to 30'), off-site
flooding, the destruction of biological resources (a number
of uncommon species and unique habitat associations will be
, affected), the destruction of archaeological resources, tax
related items (post-proposition 13 annexations' property
taxes are in dispute) and the City's ability to pay for public
services, impacts on near-capacity schools, and traffic impacts
on existing over-capacity major road networks. These and
other factors are discussed throughout the EIR.
Considerable mitigation of these concerns is possible
through actions which may be taken by the project proponent, the
City, and other agencies. For example, controlof.existing
off-site flooding is the jurisdiction of the county and the
project proponent may be required to contribute towards solving
the problem; most of the more significant biological resources
(with one important exception) are located on the steeper slopes
and will not be disturbed; the archaeological resources will be
salvaged; resolving property tax problems related to annexations
must be accomplished by the state legislature" school impacts can
be partially mitigated by requiring larger fe.s from the dev-
.loper, in order to avoid significant impacts to the circulation
system, developer contributions to off-site road improvements
will be required.
It is anticipated that there will be .jor unresolved
issues related to property tax distribution, school impacts,
completion of -S- Street, and off-site flooding in Long'
Canyon.
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EIR 79-2
1.0 INTRODUCTION
1.1 purpose
t'
This EIR is intended to meet the environmental require-
ments of the City of Chula Vista acting as the lead agency and
the responsible agencies (LAFCO, Department of Fish and Game,
and the county of San Diego). It is also intended to comply
with the California Environmental Quality Act and presents
the potential environmental impacts which may result from the
development of this land. Such impacts include disturbance
of native vegetation and wildlife habitats, loss of archaeologi-
cal resources, grading on steep slopes, traffic impacts, and
socio-economic factors relating to the availability of public
services. These impacts and others have been analyzed, and
where necessary, appropriate mitigating measures have been
suggested.
1. 2 Execut! ve Summary
The project essentially consists of annexing the site
to the City of Chula Vista and subsequently subdividing 650
acres east of the City of Chula Vista and southeast of the
community of Bonita (Figure 1) into 768 lots for single
family dwellings and construction of a 56-unit apartment
complex. Implementat~on of the project will require
consideration of a Sc tional Area Plan, approval of annex-
ation by the Local Ag~ncy Formation Commission (LAFCO),
acquisition of a Department of Fish and Game permit to alter
a stream course, and approval of tentative maps. The site,
which lies on the hills and valleys tributary to the Sweetwater.
River, is surrounded on three sides by single family dwellings
either constructed or being constructed and on the fourth side
by vacant land. Because of the availability of vacant land
and the interests of the residents, equestrian activities are
popular in the area and this activity will be perpetuated by
dedication of 320 acres of steep hillsides as open space and
by providing horse trails and an equestrian center in the
project. The 100 year flood area of Long Canyon, which extends
through the property, will be crossed in two locations and
otherwise will not be disturbed.
~
The project is presently county-aoned '1'(2) and is
designated as Rural Residential by the SWeetwater Community
Plan. The City of Chula Vista pre zoned the property PC in
1972 and the General Plan designation is low and medium density
residential with the exception of one apartment site. The
County's Growth Management Plan designates the area for 1995
future urban development.
The objective of the Bonita Long Canyon project is to
provide low density, single family housing within reasonable
commuting distance to urban centers as well as to retain the
country atmosphere which is the main attraction of the area.
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PLANNING COMMISSION RESOLUTION
AND MINUTES
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RESOLUTION NO. PCC-94-48
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL GRANT A CONDITIONAL USE
PERMIT TO BONITA COUNTRY DAY SCHOOL TO ESTABLISH A PRIVATE
SCHOOL FOR AN INTERIM PERIOD OF FIVE YEARS AT 625 OTAY LAKES
ROAD
WHEREAS, a duly verified application for a conditional use permit was filed with the City of
Chula Vista Planning Department on June 16, 1994 by Bonita Country Day School; and,
WHEREAS, said application requests approval of a conditional use permit (pCC-94-48) to
establish for an interim period of five years a private school serving up to 140 pre-kindergarten through
sixth graders at 625 Otay Lakes Road within the P-C zoning district; and,
WHEREAS, the Environmental Review Coordinator has determined that previously conducted
EIR-79-2 and subsequent Addendum EIR-79-2(b) provided adequate environmental analysis of possible
impacts, and no further analysis is necessary; and,
WHEREAS, the Planning Director set the time and place for a hearing on said conditional use
permit application and notice of said hearing, together with its purpose, was given by its publication
in a newspaper of general circulation in the city and its mailing to property owners within an area of
500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely August 10, 1994
at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said
hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby
recommends to the City Council that the conditional use permit be granted based on the fmdings and
subject to the conditions in the attached draft City Council Resolution.
BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 10th day of August, 1994 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
Commissioners Fuller, Ray, Tarantino and Tuchscher
None
Commissioners Martin, Moot and Salas (all excused)
William C. Tuchscher II, Chair
Nancy Ripley, Secretary
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PC Minutes
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August 10, 1994
EXCERPT FROM DRAFT PLANNING COMMISSION MINUTES OF 8/10/94
ITEM 2:
PUBLIC HEARING: CONDITIONAL USE PERMIT PCC-94-48: REQUEST
TO ESTABLISH A PRIVATE SCHOOL FOR A PERIOD OF FIVE YEARS ON
THE PROPERTY OF RISEN SAVIOR LUTHERAN CHURCH AT 625 OTAY
LAKES ROAD - Bonita Country Day School
Principal Planner Griffin presented the staff report. He noted the project had been, on a
preliminary basis, to the Design Review Committee who had suggested that the trellis work be
extended across the entire front building elevations, establish a fence between the two clusters
of buildings (which would be installed at a later date), that the landscaping be of a larger
specimen size to have a more immediate effect, and provide some vertical articulation in the
structures rather than all horizontal. The applicant will consider these comments and will go
back to the Design Review Committee for [mal action on August 29.
Mr. Griffin showed the approved Master Plan for the Risen Savior Lutheran Church, the
existing buildings, and the future usage plans by the Church. He noted that staff believed the
interim school use was consistent with the long-term use of the Church property. The modular
buildings were appropriate as an interim use with the enhancements suggested by the applicant.
Based on the proposed school hours, the parking lot was more than adequate to serve the needs
of both the school and the Church, based on non-conflicting hours.
Two issues which were discussed at a public forum held at the Church in late July were traffic
on Otay Lakes Road and noise. Mr. Griffin stated the existing LOS on Otay Lakes Road is B
(almost A) and the additional number of trips would not change that to a significant degree; the
LOS would stay at B. The additional number of trips was also less than what would eventually
be generated by the Church school facility.
Regarding noise, Mr. Griffin stated the Church was required to submit a noise study prior to
Phase I construction, which showed that because of the ambient noise level or Otay Lakes Road
and the separation of the play area from the area to the north, there was no mitigation required.
The homes to the east located below the property would not be impacted. The noise consultant
who prepared the study believed the addition of the modular buildings would actually attenuate
noise by an additional 10 to 15 decibels. Staff had suggested as a condition that one of the
buildings be relocated to screen the play area from the property to the north.
Staff recommended approval of the project, based on the [mdings and subject to the conditions
placed in the draft Planning Commission resolution.
This being the time and the place as advertised, the public hearing was opened.
Jose Rodriguez, 575-3 Otay Lakes Road, CV 91913, opposed the project because of noise and
pollution. He also noted the high speed of traffic on Otay Lakes Road.
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August 10, 1994
June Mitchell, 575-20 Otay Lakes Road, CV 91913, was concerned about traffic. It was
already difficult to get out of their driveway. She was also concerned about more children and
cars taking children to school and picking them up.
Jerry Wisz, 575-28 Otay Lakes Road, CV 91913, said their property had been cut back to
widen Bonita Road, and they had then been given a left-turn lane. When Risen Savior Church
went up, a median strip had been put in the middle which cut off the turn lane. He believed
some of the 135 students would be coming in by bus, which if stacking on the left would not
leave a place for the residents to turn out except into right-hand traffic. Traffic was very
congested, and it would be dangerous for traffic into Bonita Vista High School. Mr. Wisz noted
that the trailers to be used would all have to have air conditioners which would be additional
noise and would create problems for the people living on the end.
Commissioner Ray asked Mr. Wisz to explain about the left turn lane and what had happened.
Mr. Wisz stated that when Bonita Road was widened to a four-lane highway, a turn-out strip
was added for left turns. That had been deleted with the addition of the median and the left-turn
into Risen Savior Lutheran Church. With the left-turn lane blocked with buses or cars, it is
almost impossible for the residents to make a left turn.
Commissioner Ray asked if it was actually closed as far as a solid median, or if Mr. Wisz was
concerned about the back-up traffic that may be going into the Church. Mr. Wisz answered that
it was the back-up traffic caused by the closed median.
Susanne Catanzaro, 372 Camino Elevado, Bonita, the applicant, suggested that it would be
very difficult for them to relocate buildings 5 or 6 as recommended by staff because of the
different interior configuration and plumbing needs. Therefore, they suggested that a fence be
put up instead, as suggested by the Design Review Committee. The fence line would go in the
curved area until those three buildings were installed, which was expected at the end of the first
year.
Commissioner Tarantino asked why there was a gap and why the trailers were separated; if it
was because of the grading. Ms. Catanzaro stated the younger children would be in the farthest
buildings behind the play area, the farthest from the condominiums to the north. Ms. Catanzaro
stated that at this time the Bonita Country Day School had no facilities, and it was difficult to
fmd an appropriate site for a school. They were excited about this property which already had
approval for a school, not having close neighbors, being able to design their own campus, and
to have the play area a distance away from the nearest neighbor.
Ms. Catanzaro, referring to Commissioner Ray's concern about the modular buildings, stated
that the buildings were not portable classrooms; they were relocatable classrooms which were
different from those on the public school grounds. There were none located in the South Bay
area. People have a mental image of classrooms being metal or wooden boxy trailers above the
ground with stairs going up to them. There was an installation at Santana High School in Santee
which used the locatable modular classrooms for their permanent school.
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August 10, 1994
Commissioner Ray asked how the classrooms were brought in. Ms. Catanzaro stated they were
put on trucks; they did not have wheels. Commissioner Fuller noted they were manufactured
housing.
In answer to Commissioner Tuchscher, Ms. Catanzaro replied that the classrooms were placed
on slab or soil at grade rather than having wheels.
Commissioner Fuller asked Ms. Catanzaro to comment on how the children were transported
to school, whether or not they used buses. Ms. Catanzaro stated that buses were not used; the
children carpooled. Traffic would not be increased on Otay Lakes Road. The children had
attended Country Day School when it was located in EastLake and those families coming from
Bonita are the same families who already used Otay Lakes Road when they were located in
EastLake.
Commissioner Fuller asked when the Country Day School appeared before the Planning
Commission the previous year, were they not at that time K-12, and if they had been forced to
reorganize because of the lack of facilities. Ms. Catanzaro answered affirmatively.
Chair Tuchscher asked if the rear of the buildings were separated, or if panels would be behind
the buildings. Ms. Catanzaro said they were separated, and the Fire Department preferred to
have them separated in order to get around. They were light wells--there was about a 4'
separation between the buildings at the rear.
Chair Tuchscher asked if there was a reason Building 7 was on an angle rather than on a 90
degree at the comer. Ms. Catanzaro stated it was more for aesthetics and increased the light
between the buildings.
Commissioner Tarantino asked how the start time of Bonita Country Day would conflict or
coincide with the start time of Bonita Vista Middle School, which he believed started at 8:30
a.m. Mr. Tarantino said it was the most heavily bused school in the Sweetwater District with
19 buses serving it. Was the start time taken into consideration with regards to traffic analysis?
There was a potential for a severe traffic bottleneck.
Ms. Catanzaro said it was not a problem for them to adjust their start time. It was not taken
into consideration. They would talk to Sweetwater and get the exact times.
Patrick Miller, 2008 Bridgeport, CV, member and on Church Council of Risen Savior
Lutheran Church, stated that their 5-year plan for the Church included that in Phase 2, the
school buildings would be built. Until they were able to build those, they had been talking to
day care groups. There was a good probability there would be children on that site, whether
it was Bonita Country Day or some other group. Bonita Country Day was the first group who
had planned to provide a buffer with their buildings between the condos and the play area.
Bonita Country Day had been the most concerned about the community and about being a good
neighbor. He asked that the Planning Commission approve the project.
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Paul Catanzaro, 372 Camino Elevado, Bonita, CA 91902, asked if Bonita Country Day took
students out of Sweetwater School District, would they get paid for that. He stated that the
configuration they were proposing would keep a good buffer between all the outside activities
and the condominium complex. They would be fmished by 4:00 p.m. except when they had a
parent meeting once a month. After they were gone, the configuration would continue to
attenuate noise from Otay Lakes to the south end of the condo complex, which should be an
added bonus to them for the five years that Bonita Country Day is there. During the next five
years, they expected to grow to 140 students. They have made a deal to go into the Salt Creek
Community when the infrastructure gets out to a site which had already been selected. Their
problem is time; they can't afford any more delays; they had already talked with the Design
Review Committee to make sure they were meeting DRC criteria and would not have a
slowdown due to misconceptions of what they should be doing with the property. They would
like to have primarily landscaping as both visual and a sound buffer from Otay Lakes Road.
At the end of 1999, the.y would expect to employ more than 30 professionals when they go to
their permanent facility. Bonita Country Day is the only independent private school in the entire
South Bay. Over 800 students every school day leave our community to go to an independent
private school in other cities.
Commissioner Ray asked what percentage of Bonita Country Day's students came from the
South Bay or specifically Chula Vista. Mr. Catanzaro answered 100%. Commissioner Ray
questioned why a South Bay school would have 100% from here, when La Jolla or other cities
had students from out of their city. Mr. Catanzaro stated it was because of the way the people
in North County perceives the South Bay. He had learning centers in Chula Vista and had
students driving in from as far as Rancho Santa Fe, and other areas in the County. Their
perception was "Oh, that's in the South Bay." Mr. Catanzaro stated this perception was going
to change dramatically over the next ten years, and they wanted to be a very important
component of that change in how the South Bay is viewed. Commissioner Ray concurred that
the perception exists.
Chair Tuchscher commented that if in fact the Bonita Country Day project was approved and
moved forward, he would assume that Mr. Catanzaro would continue to be conscious of the
concerns of the neighbors and do whatever would be necessary to mitigate those. Mr. Catanzaro
concurred; they had fmally been able to have a meeting with the condominium owners
association and those interested parties. They had made a firm commitment to the owners
association and told them if anything came up, Bonita Country Day would be very proactive and
reactive when necessary.
Peter Morlon, 897 Buena Vista Way, CV, a parent and representing approximately 40 families
of children emolled at Bonita Country Day, said their family used to live in Rancho Penasquitos
and moved down to Chula Vista to attend the Bonita Country Day School. He thought if people
wanted to move down, they could. There were good things here. Mr. Morlon stated the school
is independent, small, quality, and the reason he moved his child here was because he could not
fmd the same thing in the Poway School District. He knew at least three other families who had
moved from outside of Chula Vista into Chula Vista in order to bring their children here. The
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August 10, 1994
school has a good reputation. It was important that the children start to school as soon as
possible; their normal school year starts mid September. The school is well designed, well
staffed, has taken care of all the considerations surrounding the various questions. He requested
the Planning Commission to accept the project.
Nonna Delgado, 575-38 Otay Lakes Road, CV, speaking on behalf of the elderly people, was
concerned about the traffic and the elderly residents trying to use Otay Lakes Road. She also
stated that the left-turn lane had been taken out. If there was back-up traffic going into the
Church, she was concerned about the holding area for traffic making a left turn, because there
was heavy traffic coming down from Otay Lakes Road to Bonita Road. The Ir. High School
starts at 7:35 ending at approximately 2:45; the High School starts at 7:00 and ends at 2:00;
Tiffany starts at 8:30 also. The residents of the complex have to have really clear traffic on
both sides in order to make a left turn. She felt the school had a wonderful project, and she had
no concern about that.
No one else wishing to speak, the public hearing was closed.
Chair Tuchscher asked the Traffic Engineer the current traffic count on Otay Lakes Road and
the total anticipated capacity with development such as the Otay Ranch. Mr. Rosenberg stated
that at present there were approximately 19,000 to 20,000 cars on Otay Lakes Road. It was
anticipated that the traffic would grow to around 32,000; when the City is built out with the
Otay Ranch, Otay Lakes Road would probably carry up to 40,000 to 50,000 cars a day. At that
time, Otay Lakes Road would have to be widened and the medians may have to be extended
across all the openings that do not have enough traffic to warrant a traffic signal.
Chair Tuchscher asked the approximate distance between the classrooms and the closest
condominium unit. Principal Planner Griffin asked for a few minutes to research.
Commissioner Tarantino asked if anything could be done to meet the homeowners of Bonita
View Terrace condo complex halfway in providing a safe access back onto Otay Lakes Road.
He was concerned about school children arriving at the same time as people go to work. Mr.
Rosenberg felt the problem was prevalent without the school; he did not think the school added
any significant amount of traffic; the residents have difficulty accessing Otay Lakes Road today;
there is a traffic signal at Ridgeback which provides an opportunity for some gaps in traffic and
he believed there were sufficient opportunities to make a safe exit out of the condo driveway.
The island which was formed to provide a left-turn pocket into the Church site was of sufficient
width, in his estimation, to store enough cars to allow for the time for a gap to occur. He did
not believe the traffic would back up in a manner to prevent the cars from exiting out of the
condo project. With the acceleration lane, he felt, the danger was drivers exiting out to the
center lane to wait for traffic to clear and having to look over their shoulders to see oncoming
traffic. He did not view the change in the island as a detriment in traffic safety.
Chair Tuchscher asked if the traffic lights at Ridgeback and to the north were timed together so
the gaps could coincide. Mr. Rosenberg believed so. Commissioner Ray asked if it would be
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PC Minutes
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August 10, 1994
possible to see if those lights were timed out to see if the gaps coincided to allow periodic
intervals where there was easier ingress and egress to the condo complex. Mr. Rosenberg said
the distance between the two lights was great, and there was random flow. There was no
interconnection between the two signals which would platoon the traffic so the gaps may occur
at different intervals.
Commissioner Ray was concerned that there would not be a significant amount of time or speed
acceleration such that the lighting could not impact the traffic flow. He would like staff to look
at it briefly.
In answer to Chair Tuchscher's earlier question regarding the distance between the classrooms
and the closest condominium, Mr. Griffm said it was approximately 70 feet. He also noted that
0tay Lakes Road is designated on the General Plan referred to earlier by the City Traffic
Engineer as a six-lane prime arterial which is designed to carry the eventual level of traffic.
Principal Planner Griffin noted that City Attorney Boogaard had suggested an additional
condition as follows:
"That the property owner shall execute an agreement to remove the modular
buildings when the conditional use permit terminates. such agreement to be
secured to the satisfaction of the City Attorney. "
Mr. Griffin also suggested an amendment of Condition No.4 in the resolution to read as
follows:
"Relocate either building number 5 or number 6 to future building site number
7 as shown on the plot plan submitted with the application (or as an alternative
place an additional building on future site number 7, or establish a minimum 6
foot high solid fence connecting buildings 4 and 5). "
Commissioner Ray asked if there was a time limit between the point where the temporary use
of the buildings would be terminated and the time the buildings would be removed, or if that
was already on the books in the City. Attorney Boogaard said it was not, and it would be put
in the agreement to be a reasonable time period after the use is terminated not to exceed three
or four months. Commissioner Ray asked if it needed to be part of the motion. Attorney
Boogaard stated he was going to put it in as part of the record, but it would be excellent if the
Commission wanted to specify a specific time period.
Chair Tuchscher asked the applicant to comment on that. Mr. Catanzaro pointed out that Bonita
Country Day would own the buildings, and he thought the agreement should be that Bonita
Country Day would remove them at the end of the lease period.
Chair Tuchscher stated the conditional use permit ran with the property, and the owner of the
property would be responsible contractually. Attorney Boogaard was concerned that there was
...-.
,tfs
PC Minutes
-8-
August 10, 1994
no enforcement mechanism, because the enforcement mechanism was the termination of the
conditional use permit, which by that time would by its own terms have terminated. So the
property owner would need to agree in advance.
Commissioner Fuller commented that she was really pleased that the Bonita Country Day School
had found an appropriate home.
Motion by Commissioner Fuller to adopt resolution PCC-94-48 recommending that the City
Council approve the conditional use permit in accordance with the draft City Council resolution,
based on the findings and subject to the conditions contained therein with the revision to item
4 as stated regarding the relocation oj buildings or the establishment of the 6' solid fence, and
the condition as stated by the City Attorney recommending that the property owner remove the
relocatables with the time frame being within three to four months after the termination of the
conditional use permit.
Commissioner Ray seconded, and asked that condition 9, the removal of the buildings, be stated
more in a manner that all temporary buildings be removed within a reasonable time period up
to four months upon expiration of the conditional use permit.
Commissioner Fuller agreed.
VOTE: 4-0 (Commissioners Martin, Moot, and Salas excused)
Principal Planner Griffin noted that this item was scheduled to be heard by the City Council on
August 23, 1994.
Chair Tuchscher added that the Planning Commission appreciates the good work the Bonita
Country Day School does in the grand scheme and the bigger picture, and appreciates the words
stated about providing a level of educational service that is lacking.
.
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1'1 -7t.
DISCLOSURE STATEMENT
-~
. 14 - "7
nm CITY OF CHULA VISTA DISCLOSURE STA'l'EMENT
, are required to file a Stalemenl of Disclosure of certain ownership or financial interests, payments, or campaign
0... i~ulions. on all matlers which will require discretionary action on the part of the City Council. Planning Commission, and
III other official bodies. The following information must be disclosed:
1. List Ihe names of all persons having a financial interest in the property which is the subject of the Ipplication or the
contract, e.g., owner, applicanl. contractor. subcontractor, material supplier.
Bonita Country Day School
. 2. Iflny person" identified pursuant to (I) 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.
Paul Catanzaro
Suzanne Catanzaro
3. If any person" identified pursuant to (I) above is non.profit organizalion or a trust, list the nlmes oC Iny person
ICrving as director of the non.profit organization or as trustcc or benellciaryor truSlor oC the trust.
Paul Catanzaro
4. Have you had more than 5250 worlh of business Iransacted with any memher of the City staCf, Boards, Commissions,
Commillees, and Council within the past twelve months? Yes_ No.]L If yes, please indicate person(s):
S. Please identify each and every person, including any agents, employees. consultants, or independent contractors who
you have assigned 10 rcpresent you before the City in Ihis mallcr.
6. Have you Ind/or your officers or agents, in the aggregale, contributed more than 51,000 10 I Councllmember In Ihe
currenl or preceding election period? Yes_ NoJL If yes, stale which Councllmember(s):
"ale: 06/16/94
Paul Catanzaro
--s-? / _ t 9' Print or type Dime oC IXlnlraClor/lppllcanl
. fS!!!! it definttJ "" "Any iN/i~ fin... Ctl-ptlTlIwnJUp. joinl- lUlDCiOll, _illI club, {rtlmrIM "'J'll1iMJIi0ll, .tlIfK1'-' - - ........I1ftiIie-
litis ... ..,. _ """"'Y, cily ... C""'III)', cily """ucipt1lily, dioIriC4 '" _ poIitictlllldldMlion. '" ..,. - ,.,.., '" -wn""'.... 1ICIiIC. · ..."
COUNCIL AGENDA STATEMENT
Item /5
Meeting Date 8/23/94
ITEM TITLE:
Public Hearing on the Acquisition of Certain Right-of-Way for Otay
Valley Road.
SUBMITTED BY:
Director of PubliC worktf<< .
City Manager~~ \oI,O~
(4/5ths Vote: Yes_No_)
REVIEWED BY:
In order to construct the Otay Valley Road Widening project, the City needs to obtain a portion
of the property owned by SNMB, L.P. (a Delaware Limited Partnership). This property is
located at the easterly end of the project and consists of about 1.0907 acres (out of 159.18 acre
parcel owned by this partnership). Our right-of-way acquisition consultants, Ryals &
Associates, have exhausted their efforts to obtain this dedication on a friendly basis. Due to
time constraints, we cannot wait any longer and must begin eminent domain proceedings.
However, the owner of the property has requested a continuance of one week for the public
hearing.
RECOMMENDATION: That Council continue the public hearing until September 6, 1994
at 4:00 p.m.
m:\home\engineer\agenda\OVlTow.con 081894
/5" I
AUG I 8 199<1
I
d
,i " Ji
QIllUlttu of ~alt JEli~gll
ROBERT K. ROSS, M. D.
DIRECTOR
(619) 236.2237
DEPARTMENT OF HEALTH SERVICES
1700 PACIFIC HIGHWAY, SAN DIEGO. CALIFORNIA 92101-2417
August 11, 1994
Mr. John Goss, City Manager
City of Chula vista
276 Fourth Avenue
Chula Vista, California 91910
Dear Mr. Goss:
RE: LOCAL ENFORCEMENT AGENCY (LEA) DESIGNATION
San Diego County Environmental Health Services (EHS) serves the City of
Chula Vista as their designated LEA. As the LEA, we read, with
interest, the San Diego Union-Tribune article regarding Chula vista
expanding trash disposal options. This letter is an attempt to clarify
the position of EHS as the designated LEA for the City of Chula Vista,
and offer our assistance in whichever direction the City of Chula Vista
chooses to go.
The newspaper article indicated that there was a strong concern on the
part of the City Council, that because EHS is a County agency, we could
not act impartially on behalf of the City of Chula vista if the city
were to choose to withdraw from the County Waste System. We want to
reassure you and your council that EHS, as the designated LEA for the
City of Chula Vista, will respond to the City's LEA needs, and is not
influenced by the County Department of Public Works, who operates the
landfills and manages the County's Solid Waste System.
California Code of Regulations (CCR), Title 14, outlines the
requirements to be certified as an LEA. One of the requirements is "A
certified statement that the designated local agency is not the
operating unit for any solid waste handling or disposal operation, solid
waste facility, or disposal site in the designated jurisdiction".
Additionally, organizational charts documenting the separation of the
LEA from public agencies or departments that are the operating units
under the local governing body, are required. This separation and
autonomy from an operator is considered very important, and strictly
observed. To date, the LEA has never experienced an effort by the
County's Board of Supervisors, or the County's Chief Administrative
Officer to influence the activities of the LEA. This includes instances
"Prevention Comes First"
/t/j
John Goss, city Manager
-2-
August 11, 1994
when the LEA has initiated the beginning steps of enforcement actions
against the County. As the LEA, we respond to the California Integrated
Waste Management Board, who oversees our program and monitors to ensure
that no conflicts of interest between an LEA and a solid waste operating
agency develop. The only difficulty we see, as the LEA, with the city
of Chula Vista withdrawing from the county's solid waste system, is the
development of an equitable mechanism for the city of Chula Vista to
fund their fair share of the LEA program.
with the above in mind, please be assured that we take the City of Chula
vista's desires to site a solid waste transfer station very serious, and
are anxious to assist in the permitting process. The most important
element of the siting of a facility of this nature is the local land use
permit. Locating an appropriate site for the facility is a land use
decision of the City of Chula Vista. In making that decision, it is
usually best to be working concurrently on drafts of the documents
required for a Solid Waste Facility Permit (SWFP). This ensures that
all issues required for the SWFP are consistent with the issues
evaluated under the California Environmental Quality Act (CEQA) during
the land use decision. Historically, we have been successful in
expediting SWFPs when we are able to work with a proponent as they go
through the CEQA process. We would like to be able to assist the city
in the same fashion.
While we would like to remain the City of Chula vista's designated LEA,
if the City of Chula Vista does decide to withdraw its' designation, we
would like to cooperate and assist the City in the transition to a new
LEA. I understand staff from our LEA program have arranged a meeting
with members of your staff for Monday afternoon, August 18, to discuss
these issues and provide assistance. Again, we want to assure you that
we are the designated LEA for the City of Chula Vista, and will act as
such for the City within the City's Jurisdiction.
If you have any further questions, please call me at (619) 236-2237.
Sincerely,
~(v~ ~
GARY R. STEPHANY, Assistant Director
Department of Health Services
GRS:dmp
cc: Stephanie Snyder, City of Chula Vista
Mary Coyle, CIWMB
Christine McCracken, CIWMB
Lari Sheehan, DCAO
Tom Montgomery, County Counsel
Dan Avera, EHS
Ken Calvert, EHS
LeAnn Williams, EHS
/tf,r-;L
[n order to provide continuity in board, commission, and/or committee membership the
terms of office are staggered; and individuals may be appointed to more than one term.
Provisions of the City Charter limit the number of consecutive terms served on a board or
commission to two, thus providing the opportunity for maximum citizen participation.
When new boards or commissions are formed or when a majority are appointed at the
same time, members will draw straws to determine the length of terms in order to defer
later loss of talent when the terms expire on the same date. However, on selected
occasions, board, commission, and/or committee members may be appointed to another
advisory body; thus retaining a valuable pool of talent and experience.
Attendance - If a member of a board or commission is absent consecutively from three
regular meetings of such board or commission, unless by permission of such board or
commission expressed in its official minutes, or is convicted of a felony or crime involving
moral turpitude, or ceases to be a qualified elector of the city, the office shall become
vacant and shall be so declared by the City Council. [Charter Section 602(c)).
Also, the City Council has established the following attendance policy for all boards,
commissions, and committees: (Policy 110-03)
. Members shall be required to attend 75% of the meetings called during one
fiscal year. This requirement includes special meetings, conferences, and
workshops.
. The boards, commissions,. and committees shall have the authority to grant
approval for certain types of excuses as approved by the City Council.
. Official excuses shall be defined as illnesses (family and/or personal),
business commitments, vacations, and "Acts of God."
. An excused absence from any meeting must be called in to the secretary or
chair prior to the scheduled meeting and shall be recorded in the minutes as
excused or unexcused by a vote of the board or commission.
. Any member who is nearing the percentage of missing 25% of the meetings
shall first be given written notice by the secretary or the chair so that he/she
can request a clarification from the assigned b/c/c.
. In July of each year, the secretary shall submit to the City Clerk a record of
attendance. This attendance record will note the percentage of absences for
the members for the preceding fiscal year (July I-June 30). Any member
missing 25% or more of the b/c/c meetings during the past year without
official excuses shall automatically have his/her seat vacated.
;'
-12-
~~o ~i
August 23, 1994
TO:
Councilman Leonard
Moore
Manage~
FROM:
John D. GosS, city
SUBJECT: Letter from Cox Cable
This is in response to the letter from Steve Gautereaux, Cox Cable,
to Rod Davis, Chula vista Chamber of Commerce, offering to provide
office automation equipment to the City of Chula vista for the
operation of the Telecenter on East H Street. The letter very
generally describes the generous offer of the equipment to be
provided to the Telecenter, and that it would be phased in during
August, September and October 1994. Staff would need to review the
equipment to be provided, and to verify that it is of the value so
stated.
You had indicated to me that in exchange for this, Cox Cable was
interested in having their company's name placed in the name of the
Telecenter. The letter, however, does not request this. It only
requests an acknowledgement of Cox Cable by placing their name on
the exterior of the building and all promotional and collateral
materials provided by the Center. Given the amount of the gift, I
think it would be appropriate to give recognition to Cox Cable by
placing their name on the exterior of the building and all
promotional and collateral materials in a manner to be determined
based on discussions between Cox Cable and staff.
The only other comment is that you indicated an interest in having
Cox Cable pick up operation of the Telecenter after the grants for
its operation come to a conclusion. In the letter, Cox indicates
that they would like first right of refusal to take over the Center
upon expiration of the grant funding. My only problem with this is
that it does not necessarily give any commitment by Cox that they
will do anything upon the expiration of the grant, but probably
would be interested in taking it over if it turned out to be
successful. If that is the case, then the city will have lost an
opportunity to learn if other entities would have an interest in
operating the Telecenter. On the other hand, if you feel that is
a proper consideration for the provision of the office automation
equipment, that may be part of an appropriate tradeoff for such a
contribution. Also, there may be other considerations which the
City may wish to interject regarding the first right of refusal
proposal.
C)Ocf/ /
This is certainly a generous offer and one which is a positive step
in promoting the Telecenter in order to help conduct business in a
more efficient, economical and environmentally sensitive matter.
Cox Cable should be commended for their effort to support this
project.
JDG:mab
cc: Mayor/Council
ACM/DCMs
City Attorney
Barbara Bamberger
Rod Davis, Chamber
JOcf-2
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RUG 23 '94 12:41PM COX EXEC STAFF FAX 619/266-5555
S1se Fu.ral Boule,"rd
San 01.... CA e21 05,548&
Tel. (eUI2u.Q251
cmc
COlC~ble
SOn DIegO. Inc.
August 23, 1994
Mr. Rod Davis
Director
Chuta Vista Chamber of Commerce
233 Fourth Avenue
Chula Vista, CA 91910
Dear Rod:
I'm pleased to inform you that Cox Cable San Diego will commit to the City of
Chula Vista to provIde office automation equipment, I.e., Fax machine, personal
computer, copiers, etc. for the Telecenter on East H Street.
This commitment is subject to the following conditions:
Cox will provide, or arrange to provide, at least $50,000 (retail value) of office
automation equipment for usage in the Telecenter location on East H Street. The
equipment ~ill be phased in to the Cente.r cjuring Al;!gust, September and October
of 1994. w.u.. >'l1'f,;"'''''H ;j .J..x, ~...... C,rMnfJol(".,J", ~-~l
In consideration of providing the equipment, Cox will be abie to place the Cox
name on the exterior of the building and all promotional/collateral materials
provided by the Center. Additionaily, Cox will have access to operational
Information related to the Center. (Information such as financial and usage data.)
Cox agrees to accept an advisory role in on-going development of the Center to
contribute to the success of the Center. At the end of the first year, Cox may
elect to discontinue involvement in the Telecenter.v ~y equipment purchas~d by .I
Cox will remain the property of Cox. wlt'l<~f NoS 01 ~ l!f{'tv.p'iC4 ~~
Cox will have the first right of refusal to take over the Center upon expiration of
grant funding"-ts...;,..,.......t. o.-.,q (;I.y> d4S'.RC~ s~~t (fI"C<..sy6.1. k ~ ,,--I-.~
During the first year of operation, the City of Chula Vista will be responsible for all
expenses associated with the Center inciuding, but not limited to lease payments,
utilities, paper supplies, insurance, salaries, etc. The City will also provide on site
coordination of all activities rRlated to the Center.
20 cf~ 3
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AUG 23 '94 12:41PM COX EXEC STAFF FAX 619/266-5555
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P.1
Rod, Cox Cable Is eager to work with the City to develop the Telecenter In to the
most successful Center in the nation. We look forward to working together on
this project.
Sincerely,
fi
Steve Gautereaux
Vice President, Technical Development
SG:dtl
20cf- '-I