HomeMy WebLinkAbout1994/09/06 Item 13
COUNCIL AGENDA STATEMENT
Item /3
Meeting Date 9/6/94
SUBMITTED BY:
Resolution J 7(, I.J / Approving Final Map and Subdivision
Improvement Agreement for Chula Vista Tract 93-03, Telegraph Canyon
Estates Neighborhood 1 Unit 3
Director of Public wOFJJ(
City Managu ~@\ (4/5ths Vote: Yes_No_XJ
ITEM TITLE:
REVIEWED BY:
On January 19, 1993, by Resolution 16960 (Exhibit A), the City Council approved the Tentative
Subdivision Map for Chula Vista Tract 93-03, Telegraph Canyon Estates. The seventh final map
for said tentative map are now before Council for approval.
RECOMMENDATION: That Council adopt the resolution approving the final map and the
subdivision improvement agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The project is generally located on the northerly side of Otay Lakes Road and adjacent to the
western side of the proposed alignment for State Route 125. It consists of 112.4 acres which
are proposed to be subdivided into 344 residential lots and open space lots. The first six units
of the development, which were previously approved by Council, consisted of a total of 180
numbered single family residential lots and a total of five (5) lettered lots for open space and
other public purposes totalling approximately 70.3 acres.
The map now before Council for approval represents the last map for Neighborhood 1 of the
development. This map consists of a total of 19 numbered single family lots totalling
approximately 3.2 acres. Approval of the map brings the total number of approved lots for the
development to 199 numbered residential lots and 5 lettered lots for open space and other public
purposes. All conditions of approval applicable to this map have been satisfied. Condition No.
62 requires the developer to enter into an agreement to provide low and moderate income
housing. This condition was amended (Resolution No. 17475, Exhibit B) and must be satisfied
prior to approval of the map containing the 200th residential lot. Community Development staff
is currently negotiating this agreement with the developer.
The final map for Neighborhood I Unit 3 of Chula Vista Tract 93-03, Telegraph Canyon Estates
has been reviewed by the Public Works Department and found to be in substantial conformance
with the approved tentative map. Approval of the final map constitutes acceptance on behalf of
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Page 2, Item I J
Meeting Date 9/6/94
the public a portion of Marquis Court and tree planting and maintenance easements all as shown
on the final map.
The developer has executed a Subdivision Improvement Agreement for this map and provided
bonds to guarantee construction of the required public improvements (CV drawings 94-01
through 94-20), has paid all applicable fees except for PAD fees, and has provided a bond to
guarantee the monumentation for said subdivision. A Supplemental Subdivision Agreement
applicable to this map has been previously approved by Council with approval of the first three
maps (Resolution No. 17279, Exhibit C)). A copy of this agreement and subsequent approved
amendments is attached along with the minutes.
Under the recent amendment to City Ordinance No. 17.10.100 approved by Council, the
developer must pay PAD Fees, or enter into an agreement with the City agreeing to pay PAD
fees, prior to release by staff of the final map for recording. In either case, the fees must be
paid no later than 60 days after Council approves the map. The developer has indicated that
PAD fees for this subdivision will be paid prior to release of the approved final map.
A plat is available for Council viewing.
FISCAL IMPACT: None. All Staff costs associated with processing of improvement plans
and final map will be reimbursed from developer deposits.
Attachments:
Exhibit A - Resolution 0 & Minutes of 1/19/93 (excerpt)
Exhibit B - Resoluti 475 & Minutes of 5/3/94 (excerpt)
Exhibit C - Resol 17279 & Minutes of 10/19/93 (excerpt)
Exhibit D - PI.~~ elegraph Canyon Estates Neigh. 1 Unit 3
Exhibit E - DlFI"osure Statement
Exhibit F - Approved Supplemental Subdivision Improvement Agreement ./
File: BY-400
P:\HOME\ENGINEER\AGENDA\tcenlu3.lmc
090194
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RESOLUTION NO.
17~ '1/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT 93-03, TELEGRAPH CANYON ESTATES
NEIGHBORHOOD 1 UNIT 3, ACCEPTING ON BEHALF OF
THE PUBLIC THE PUBLIC STREETS DEDICATED ON
SAID MAP, AND THE EASEMENTS GRANTED ON SAID
MAP WITHIN SAID SUBDIVISION, AND APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
The City Council of the City of Chula vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista hereby finds that that certain map survey
entitled CHULA VISTA TRACT 93-03, TELEGRAPH CANYON ESTATES
NEIGHBORHOOD 1 UNIT 3, and more particularly described as follows:
Being a subdivision of a portion of Southwest Quarter of
section 34, Township 17 South, Range 1 West, San
Bernardino Base and Meridian, in the city of Chula vista,
County of San Diego, State of California according to Map
thereof No. 166, filed May 11, 1869 in the office of the
County Recorder of said County.
Area: 3.233 acres
Numbered Lots: 19
No. of Lots: 19
Lettered Lots: 0
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the public street, to-wit: portions of
Marquis Court (as shown on the final map) and said street is hereby
declared to be a public street and dedicated to the public use.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the city of Chula vista the easements tendered with
the right of ingress and egress for visibility and street tree
planting and maintenance, all as granted and shown on said map
within said subdivision, subject to the conditions set forth
thereon.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be, and she is hereby authorized and directed to
endorse upon said map the action of said Council; that said council
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has approved said subdivision map, and that said public streets are
accepted on behalf of the public as heretofore stated and that
those certain easements with the right of ingress and egress for
the construction and maintenance of street tree planting, as
granted thereon and shown on said map within said subdivision is
accepted on behalf of the City of Chula vista as hereinabove
stated.
BE IT FURTHER RESOLVED that the City Clerk be, and she is
hereby directed to transmit said map to the Clerk of the Board of
supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the day of , 1994, for
the completion of improvements in said sUbdivision, a copy of which
is attached hereto and by reference made a part hereof, the same as
though fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista be, and he is hereby authorized and directed to execute
said agreement for and on behalf of the City of Chula vista.
Presented by
a. t~T
John P. Lippitt, Director of
Public Works
Bruce M.
Attorney
C:\rs\TCNeighl.3
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Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this~day Of(2.~ ,.I'~ 199f; by
and between THE CITY OF CHULA VISTA, a municipal corporation, hereina er called "City",
and BALDWIN BUILDER, a California corporation, 11975 EI Camino Real, Suite 200, San
Diego, CA 92130.
hereinafter called "Subdivider";
~IINES.S.EIH~
WHEREAS, Subdivider is about to present to the City Council of the City ofChula Vista
for approval and recordation, a final subdivision map of a proposed subdivision, to be known as
Telegraph Canyon Estates, Neighborhood I, Unit 3 pursuant to the provisions of the Subdivision
Map Act of the State of California, and in compliance with the provisions of Title 18 of the
Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map;
and,
WHEREAS, the Code provides that before said map is fmally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the public
improvements and/or land development work required by the Code to be installed in subdivisions
before final maps of subdivisions are approved by the Council for purpose of recording in the
Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider
shall enter into an agreement with City, secured by an approved improvement security to insure
the performance of said work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all
of the public improvements and/or land development work required in said subdivision within a
definite period of time prescribed by said Council, and
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WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
install and complete, at Subdivider's own expense, all the public improvement work required by
City in connection with the proposed subdivision and will deliver to City improvement securities
as approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 16960, approved on the 19th
day of January, 1993 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said public improvement work have been prepared and submitted to the City
Engineer, as shown on Drawings Nos.94-20 through 94-01 inclusive, on file in the office of the
City Engineer, and
WHEREAS, an estimate of the cost of constructing said public improvements according
to said plans and specifications has been submitted and approved by the City in the amount of
Fifty-Eight Thousand Five Hundred Dollars and No Cents ($58,500.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform or cause to be done and
performed, at its own expense, without cost to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and adjoining said
subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict
conformity and in accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by this reference are incorporated
herein and made a part hereof.
2. It is expressly understood and agreed that all monuments have been or will be installed
within thirty (30) days after the completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name signs if permanent street name
signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the third anniversary date of Council approval of the Subdivision
Improvement Agreement.
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4. It is understood and agreed that Subdivider will perform said Improvement Work as
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
said public improvements or the portion thereof serving said building or structures approved by
the City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the performance of said
Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of Fifty-Eight
Thousand Five Hundred Dollars and No Cents ($58,500.00) which security shall guarantee the
faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A"
and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the City of Chula Vista
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of One Hundred
Fifty-Eight Thousand Five Hundred Dollars and No Cents ($58,500.00) to secure the payment of
material and labor in connection with the installation of said public improvements, which
security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as
contained in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of Two Thousand
Five Hundred Dollars and No Cents ($2,500.00) to secure the installation of monuments, which
security is attached hereto, marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
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terms of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds from the improvement
security.
10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
11. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all public
improvements for a period of one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the performance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the public
improvements constructed pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or
omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the taking of property from
owners of such adjacent or downstream properties as a result of the construction of said
subdivision and the public improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow, modification of the velocity of
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the water, erosion or siltation, or the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
California.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
SUBDIVIDER: BALDWIN BUILDERS,
a California Corporation
ATTEST
:~,O~} JJ
Mayor of the City ofChula Vista
ity Attorney
(Attach Notary Acknowledgment)
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Exhibit "A"
.1lo.lNf,D
~O'tSC~"'"
Exhibit "B"
NO'tSC~F.D
Exhibit "C"
NOT SCANNED
LIST OF EXHIBITS
Improvement Security - Faithful Performance
Form: BOND
Amount: $58,500.00
Improvement Security - Material and Labor:
Form: BOND
Amount: $58,500.00
Improvement Security - Monuments:
Form: BOND
Amount: $2,500.00
~
City Attorney ,
THREE (3) YE M DATE OF COUNCIL
APPROVAL 0 SUBDIVISION
IMPROVEMENT AGREEMENT
Improvement Completion Date:
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STA1E OF CALIFORNIA
COUNTY OF
SAN DIEGJ
}
}ss.
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On
~~~~.rt
. before me,
JOAN aX>ZZQ
personally appeared
TDCmY J. O'GRADY
, personally known to me
{Ol ~16vGd to m~ Or! the ba3i~ of 3ati31ae:t6f) e;/iasAse) to be the person(s) whose name(~) is~
subscribed to the within instrument and acknowledged to me that he!ihi/tl:iiy executed the same
in his1l:igr1tl:1iir authorized capacit~), and that by his!l:1irlth9;' signatur~ on the instrument the
person~ or the entity upon behalf of which the personfst acted, executed the instrument.
WITNESS my hand and official seal.
Signature
f.--....-.........---3
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@ JO.~N CUOZZO
... . , COMM.11001288 r-
~ ". . NOTARY PUBLIC. CALifORNIA ~
...j . SAIl DIEGOCOUllTY _
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(This area tor official notarial seat)
Title of Document
Date of Document
Other signatures not acknowledged
No. of Pages
/3"'//
3008 (1/94) (General)
First American Title Insurance Company
~13
fc.s- '1'_03
ey~~
RESOLUTION NO. 16960
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF tHULA
VISTA APPROVING THE TENTATIVE SUBDIVISION MAP FOR
KLEGRAPH CANYON tsTATES, (HULA VISTA TRACT 113-03; AND
MAKING THE NECESSARY FINDINGS; READOPTING THE STATEMENT
OF OVERRIDING CONSIDERATIONS AND THE MITIGATION
MONITORING PROGRAM FOR EIR Ill-OS
:
"
WHEREAS, the property which is the subject ..tter of this resolution is
identified and describe~ on Chula Vista Tract 113-03, Ind is cOImOnly known as
Telegraph Canyon Estate~ (.property.); and,
WHEREAS, the Baldwin Vista Associates, Lillited, A California Partnership
(Developer) filed a duly verified application for the subdivision of the Property
in the form of the tentative subdivision ..p known as Telegraph Canyon Estates,
Chula Vista Tract 93-03, with the Planning Department of the City of Chula Vista
on September 30, 1992 (.project.); and, '
WHEREAS, said application requested the approval for the subdivision of
approximately 111.8 acres located on the north slde of Otay Lakes Road directly
east of Otay Lakes Lodge 1I0bile home park and directly south of Eastlake Shores,
east of the easterly terminus of Gotham Street, into 345 residential lots, open
space areas and one recreation lot; and, .
WHEREAS, the devel"pment of the Property has been the subject :IIIItter of II
General Development Plan ("GDP") and a Sectional Planning Area Plan ("SPA Plan")
previously approved by the City Council on August 25, 1992 by Resolution No.
16768 wherein the City Council, in the environmental evaluation of said GOP and
SPA Plan, relied in part on the Telegraph Canyon Estates General Development Plan
and SPA Plan Environmental I.,act Report No. 111-03, SCH No. 111071033 ("Program
EIR 91-OS"), a program environlental i~act report IS s.-e is defined in CEQA
Guideline Section 15168; and,
WHEREAS, this Project is a' subsequent activity in the program of
development environmentally evaluated under Progra. EIR Ill-OS that is in
substantial confoT'llance in all relevant respects, including lot size, lot
n&allers, lot configurations, transportation corridors, etc., to the project
descriptions in said f~~r environlental evaluations; Ind,
WHEREAS, the City Envirollllental Review Coordinator "as reviewed the
proposed Tentative Map and detenained that is in substantial confonaance with the
&OP and SPA Plan, therefore no aew environlental dOCUlents Ire necessary;
WHEREAS, the Planning COIIlIission held In advertised public hearing'on said
project en Deceaber 16, 11192 Ind voted to rec_nd that the City Council approve
the Tentative Map in accordance with the findings and conditions listed below and
readopted the Statelent of Overriding Considerations Ind the Mitigation
Monitoring Program; and,
.
E,;<h\ D\i- A
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~solution No. 16960
'age 2
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WHEREAS, the City Council set the ti., Ind pllce for I public hearing on
.aid tentative subdivision ..p Ipplication Ind notice of said hearing, together
lith its purpose, was ,iven by its publication in I HWSpaper of ,eneral
:irculation in the City Ind its ..iling to property owners within 1.000 eet of
:he exterior boundaries of the property at lelst ten days prior to the "Iring,
Ind,
WHEREAS, the public hearing was held at the ti., and place IS advertised,
lamely 6:00 p.... January 12, 1993. in the Council Chlmbers, 276 Fourth Avenue.
lefore the City Council Ind said public hearing .as thereafter closed.
"OW THEREFORE, THE CITY COUNCIL finds, detenlines and resolves as follows:
iECTlON I.
iECTlON II.
mTl~ III.
CEQA Finding re Previously Exl.ined Effects.
The City Council hereby finds that the Project, IS a liter
Ictivity to that evaluated in the Program EIR II-OS, would
have no new effects that were not eximined in the preceding
Program EIR 91-05 (Guidelines Section 15168 (c)(2); and,
CEQA Finding re Project .ithin Scope of Prior Progr.. EIR.
The City Council hereby finds that (1) there were no chln,es
in the project from the Program EIR which would requ re
revisions of said reports, (2) no substantial changes have
occurred with respect to the circu.stances under which the
project is undertaken since the previous report; (3) and no
new infonlltion of substantial i~ortance to the project has
become available since the issuance and approval of the prior
report, Ind that therefore, no new effects could occur or no
new .itigation ..asures will be required in addition to those
Ilready in existence and currently ..de a condition for
Project illlplementation (Guidelines Section 15162). Therefore.
the City Council approves the Project as an activity that is
within the scope of the project covered by the Program EJR,
and therefore, no new enviro..ntal doc_nts are required
(Guidelines 15168(c)(2)). ·
'e
4.
Incorporation of All Feasible Mitigation Melsures and
Alternatives.
The City does hereby adopt and incorporate llerein as condi-
tions for all approvals herein granted all iii ti gati on _asures
and alternatives. if any. whfch it "S lIetenlined, .y the
findings ..de in the lOP and SPA Resolution. to be feasible in
the approval of the &enerll Dev.lOplltnt Plan and the SPA Plan.
nspectively.
.
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SECTION IV.
SECTION V.
Resolution No. 16960
'Ige 3
Notice with Liter Activities.
The City Council does hereby give 1I0tice, to the extent
required by law, that this Project is an activity within the
scope of the progra. approved earlier in the GOP and SPA Plln
Resolution and the Progr.. EIR adequately describes th~
activity for the purposes of CEQA (Guideline 15168 (e)).
6eneral Plln Findings--Confo~nce to the &eneral Plan.
Pursuant to €overlllltnt Code Section 66473.5, in the
Subdivision Map Act, finds that the tentative subdivision ..p
as conditioned herein for Telegraph Canyon Estates, Chula
Vista Tract No. 93-03, is in confo~nce with all the various
elements of the City's Genera' Plan, the Telegraph Canyon
Estates General Development Plan and Sectional Planning Area
Plln based on the following:
A.
B.
C.
D.
E.
./'
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Land Use _ The project is a residential community which
provides three lot sizes ranging between 5,685 square
feet and 8,350 square feet. The project density is
consistent with .idpoint of the Low Medium density
General Plan range and the approved GOP and SPA PlaD.
The project is also consistent with General Plan and SPA
Plln policies related to grading and landforms.
Circulation - All of the on-site and off-site publiC
streets required to serve the subdivision consist of
Circulation Elellltnt roads and local streets in locations
required by said Element. The developer shall construct
those facilities in accordance with City standards or
pay in-lieu fees fn accordance with the Telegraph Canyon
Estates Publfc Facilities Financing Plan.
Housing _ 'he developer is required to enter fnto an
agrenent with the City to provfde and illple.nt a low
and ~derate inco.e progra. off-sfte of the project or
an in-lieu contribution prtor to the approval of the
final Map.
Conservation and Open Space - The project provides
approxi..tely 26 acres of open .pacel 23% of the total
111.8 acres. Irading 'as Men If.fted on steep
hillsfdes and Irading plan approval will require the
revegetation of .lopes ill ..tural y.getatfon.
Parks and Recreation - The project will provfde 0.7 and
1.5 acre private project "creation areas and the
paylent of full PAD f.es. In addition, a public trail
syst.. will be provfded within the project.
~
)lution No. 16960
! 4
~CTlON VI.
--
Seismic Safety - No seis.ic faults have been identified
in the vic)nity of the property.
6. Public Safety - All public and private facilities will
be reachable within the threshold response tilleS for
fire and police services.
H. Public Facilities - The developer will provide all on-
site and off-site streets, sewers and .ater facilities
necessary to serve this project.
1. Noise _ Tht project will include nohe attenuation walls
as require~ by an acoustic study dated June 28, 1991
prepared for the project. In addition, all units are
required to lIeet the standards of the UBC with regard to
acceptable interior noise levels.
Scenic Highway - The roadway design provides wide
landscaped buffers along Telegraph Canyon Road, a scenic
highway. The development edge will be required to be
enhanced consistent with scenic highway policy.
Bicycle Routes _ Bicycle paths are provided within the
project and Otay Lakes Road has been designed to provide
bicycle lanes.
F.
J.
K.
.-
L.
Public Bui11ings - While no public building sites are
required of the subdivision, the project is subject to :
RCT and OIr fees.
Subdivision Map Act Findings.
A. 'alance of Housing Needs and Public Service Needs.
Pursuant to Section 66412.3 of the Subdivision Map Act,
the Council certifies that it has considered the effect
of this approval on the housing needs of the region and
has balanced those Meds against the public service
Meds of ~he residents of the City and the available
fhcal and environllental resources. The developllltnt
will provide for a Wlriety of single f..ily detached
IloIles and will ,rovide for low and .derate priced
housing off-site of the project COftsistent with relional
loals.
B. Opportunities for ..tural ...atinl and Coolinl
Incorporated.
The confiluration. orientation and topolraphy of the
sitt partially allows for tht opti_ siting of lots for
-
/7-/~
~
Resolution No. 16960
'age 5
passive or natural heating and cooling opportunities as
required by 60vernlent Code Section 66473.1.
C. .Finding re Suitability for Residential Development.
The site is physically suitable for residential
development and the proposal confonls to all standards
established by the City for such projects.
SECTION VII.
Conditional Approval of Tentative Subdivision Map.
A. Chula Yista Tract 13-03 Tentative Map is hereby
approved, subject t~ the following conditions, and on
occurrence of the f~llowing conditions, the City will
approve and authorize the recording of the Final Map for
the territory covered by said Tentative Map (unless
otherwise specified, all Conditions and Code Require-
.nts shall be fully completed to the City's
satisfaction for each unit or phase prior to the
approval of the corresponding Final Map. Unless
otherwise specified, 8dedicate" .ans grant the
appropriate easement, rather than fee title):
8. The developer shall:
~
" ~eneral/Prel~inarv
~
1. Install public facilities in accordance with the
'ublic Facilities Financing 'lan (PFFP) as
.-ended or as required by the City Engineer to
.et threshold standards adopted by the City of
Chula Yista. In addition, the sequence in which
i~rovelents are constructed shall correspond to
any future East Chula Vista Transportation
Phasing "an as ..y be U1ended in accordance with
the final HNT8 SR-125 Financing Study adofted by
the City. The Citl, Engineer and , anning
Director ..y, at the r discretion, IlOdify the
sequence of f~rovell!nt construction should
conditions change to .arrant such a revision.
[Engineering]
2. Prepare, submit and obtain approval of a
Developlltnt Phasing 'lan by the Cit~ Engineer and
the Director of ,lanning prior to t e approval of
any Final Ma". said Phasing 'lan to be consistent
with the P FP. IlIprovell!nts, facilities and
dedications to be provided with tach phase or
/ ] -/7 unit of developient shall be a~ detenained by the
( City Engineer and the Director of ,lanning. The
City reserves the rtr~t to condition approval of
~
esolution No. 16960
Ige 6
.
3.
4.
'" .
each final ..p with the requirement to provide
said i.,rove.ent facilities and/or dedications.
The City Engineer and Pla~ning Director ..y. at
their discretion. ~dify the sequence of
i~rovelent construction should conditions change
to warrant such a revision. [Engineering.
'Zanning)
The aitigation ,.asures required before Final tltp
approvIl by the Final Enviro,.,ntal 1.,lct Report
for Telegraph Canyon Estates (fEIR) 91-05 are
hereby incorporated into this Resolution by
reference. Any such .asures not satisfied by a
specific condition of this Resolution or by the
project design shill be i~lemented to the
satisfaction of the Director of Planning.
Mitigation .Isures shall be aonitored via the
Mitigation Monitoring Program approved in
conjunction with the FEIR. Modification of the
sequence of .itigation shall be at the discretion
of the Director of Planning should changes in
circumstances warrant such revision. [PZanning)
Unless otherwise conditioned. comply with, remain
in compliance with, and iaplement, the terms,
conditions and provisions of the Telegraph Canyon
Estltes &enera1 Development Plan, Sectional
Planning Area Plan, Master Plan of Reclailled
~ater, ~ater Conservation Plan, Air Quality
I~rovement Plan and the Public Facilities
Financing Plan approved by the Council ("Plans")
as are applicable to the property which is the
subject ..tter of this Tentative Map, prior to
approval of any Final Map, or shall have entered
into an agreelltnt with the City, providing the
City with such sec~rity (including recordation of
covenants running with the land). and
i.,l..,ntation ,rocedures as the City ..y
require. assuring that. after approval of a"
Final tltps. the ftveloptr shan continue to
cOIIply with. ,...in tn cOIIPliance with. and
t.,ltlltnt such Plans. ['llmntng. Engtneertng)
'0
.....
~
'tre~ts.. li.I!1JI-Ot:-JIIIV .net l.roVRte"ts
5.
Provtde ltCurfty tll accordance with Chapter 18.16
of the llunicipal Code. ftdicate and construct
full street tllprGvtlltnts for all publiC streets
shown on the Tentative Map within the subdivision
"undary as required for .ach wit or ,hase.
Said tllprGvtlltnts shan tnclude. but IIot be
Haited to. uphalt concrete plvtlltnt. base,
IJ-Ir ~
~
-.
~
Resolution No. 16960
Plge 7
.
concrete curb, ,utter and sidewalk, sewer,
reclailled .ater and .ater utilities, drainage
facilities, street lights, signs, and fire
hydrants. All streets shall confonn to the
City's Street Design Standards Policy adopted by
City Council Resolution 115349 unless otherwise
conditioned or approved by the City Engineer.
(Engtneertng] .
Dedicate for public use .11 the streets shown on
the tentative ..p .ithin the subdivision boundary
for each final ..p as detenlined by the City
Engineer. (Engtneering]. .
Provide design details for the bridge like
structure at the project entry for review and
approval of the City Engineer and Director of
Planning prior to the approval of the first Final
Map whi ch creates i ndivi dual res i dent i allots.
(Engtnerring, 'lanntng]
8. Include right-of-way for SR 125 in a lot granted
in fee to the City for open space and
transportation purposes prior to the approval of
the first Final Map which creates individua1
residential lots. Include Slid lot in an open
space district until transferred to the State of
CaHfomia. (Engineertng, 'arles and Recrecztton]
6.
.7.
9.
Install a fully activated traffic signal on Otay
Lakes Road at the project entry. Install
conduit, pull boxes, and wiring to interconnect
said traffic signal to traffic signals along
Tele~raph Canyon Road. No Traffic Signal Fee
credlt will be Ihen for Slid installation.
(Engtneering]' .
.rant to the City an .ase.ent or easements for
street tree planting and ..intenance,.. and
landscape buffer areas .10ng all public streets
fnthe width required by the City's Street Design
Standards. (Engineering]
Irant a 10-foot wide utility .ase.ent within open
~ace . lots adjacent to street rights-of-way.
{Engtneering]
Subllit to and obtain approval by the City
Engineer of Itriping plans for all collector
streets If.'taneously with the associated
f.,rove.ent plans. (Engineering]
10.
u.
12.
/3 --)1
~
,olution No. 16960
Ie 8
13. Design all vertical curves and fntersection sight
distances to confonn to standards fn the CalTrans
Highway Desfgn Manual. [Engineering]
14. Install transit .-enities on both sides of O1ay
Lakes Road at the ,roject entry Dr appropriate
alternative location as approved by the City
Engineer. Transit a.enities include but are not
li.ited to benches and/or shelters and are
subject to approval by tile City Engineer. 'ay
$5,000 cash deposit to the City ,rior to the
approval of the first fir.al Map to fund transit
..niUes when required. [Engineering]
15. Requested Naiver 1 fs approved subject to
compliance with parking requirements in Street
Design Standard 'olicy, ftem '20, ,age 12.
Requested waivers 2 and 4 as 1 isted on the
tentative up are hereby approved subject to
submission of a letter from a registered civil
engineer indicating that the results of the
waivers requested confonm with common engineering
practice and standards in consideration of public
safety. Requested Naiver 3 is denied.
[Eng inee ring]
16. Vacate the Otay Nater Di!trict access .asellltnt
across Lots 6-12. [Engineering]
Sewers
17.
Provide access to all sanitary sewer unholes via
an i.proved accesS road with a .ini.um width of
12 feet, designed for an "-20 wheel load, Dr
other loading, subject to the approval of the
City Engineer. [Engineering] ·
18.
Provide traded access and 12 ft.~de easelents
to all public stOnl drain structures, including
inlet and outlet structures. Construct i.,roved
access across side ,ards to drainage structures
except as otherwise direct.d by the City
Engineer. llngineering]
Subllit a Hst of proposed lots indicating whether
the structure ~11 be locat.d on fill, cut, Dr a
transition between the two situations ,rior to
approval of each final Map for single f..ily
residential use. [Engineering]
19.
13 '2a
'-f16f
20.
21.
22.
(
/3/.))
Resolution No. 16960
Page 9
23.
Provide. letter of permission for grading from
SDGIE prior to any grading within or adjacent to
the 120 ft. SDGIE easelent or which would affect
access thereto and permission to locate a public
storm drain within said .aselent. [Engineering]
Construct retention/detention facilities on site
or IS approved by the City Engineer to reduce the
quantity of runoff to an .-ount equal to or less
than present flows for the 100 year frequency
storm. provide design and calculations for said
facilities to the City Engineer for approval
~rior to issuance of a greeling permit.
{Eng inee ring]
Prepare and obtain approval by the City Engineer
and the Director of Planning an erosion and
sedi.entati on control pl an and
landscape/irrigation plans as part of the grading
plans. (Engineering, Planning]
Design the storm drains and other drainage
facilities to include Best Management Practices
to lIinimi ze non-point source pollution
satisfactory to the City Engineer. (Engineeringj
Provide a letter of permission from the CWA for
grading and construction of street improvements
within the 120 ft. wide easement, prior to any
grading or construction within or adjacent to the
County Water . Authority (CWA) .asement.
{Engineering]
24.
lUll!
25. Presept written verification to the City Engineer
frOll Otay Water District that the subdivision
will be provided adequate water service and long
term water storage facilities. (Engineering]
,
26. Provide to the City a letter froll Otay Municipal
Water District indicating that the
Issess.,nts/bonded indebtedness for III parcels
dedicated to the City have been paid or that no
.sstss.,nts .xist on the ,arcel(s).
[Enginerrtng]
~
27.
Enter into In Igrttllent with OWD to c_it to use
of reclaiied water at the earliest possible date.
Make .,1 reclai.,d .ater use conform to the
~
esolution No. 16960
age 10
,
applicable regulations of Chula Yista, Regional
Water Quality Control Board and the State
Departient of Health. (Engtneering, PZanntng]
28. Determine the AIIOunt of and deposit all costs
potentially incurred fl"Olll retrofitting the
reclai~d water system in all areas to be
ultillltely publicly lIIintained, when reclailled
water beCOles available, the AIIOunt of said
deposit subject to approval of the City Engineer.
(Engineering]
29. Install reclailled .ater lines as outlined in the
Public Facilities Financing Plan when the
associated road improvements are constructed or
when the City Engineer determines that the
facilities are necessary to provide a link to a
live system. (Engineering]
~
Aarnments
Enter into a Supplemental Subdivision Agreement(s) with
the City to:
30. Authorize the City to withhold building permits
for any units in the subject subdivision if any
one of the following occur:
31.
Regional development threshal~ limits set
by the East Chula Yista Transportation
Phasing Plan have been reached.
Traffic yolUllles, levels of service'lublic
uti lities and/or services excee the
adopted City threshold standards.
Comply with the 'requirtllents of the revised
Eastern Chula Yista Transportation Phasing Plan
and Transportation Developllent IlIpact Fee Prograll
or as said dOCUllents lilY be revised based on the
conclusions of the H.N. T .B. State Ioute 125
financing study. {Engineering]
"ot protest for.-tion of lnd inclusion in a
Maintenance District Dr Zone for the ..intenance
of landscaped _dians and scenic com don along
streets within and adjacent to the subject
property Dr an AssesSllent District or Zone for
the ..int.nance of TeleJraph Canyon Flood Control
Channel. (Engineertng]
a.
b.
32.
/J ~~;2
~
Resolution No. 16960
Plge 11
33. lot protest fOrMtion of Ind inclusion in I
COIIIIunity Flcility District to finance
construction of SR 125. (Engineering]
34. Defend, inde.nify Ind hold hlraless the City and
its Igents, officers Ind IIIpl oyees , from any
clai., action or proceeding against the City, or
its agents, officers or .-ployees to attlck, set
Iside, void or Innul Iny Ipproval by the City,
including Ipproval by its Planning COIIIIission,.
City Council or Iny Ipproval by its agents,
officers, or ..,loyees with regard to t~is
subdivision provided the City promptly notifies
the subdivider of any Clli., Iction or proceeding
and on the further condition that the City fully
cooperltes in the defense. [Engineering]
35. Hold the City haTIIless from any liability for
erosion, siltltion or increase flow of drlinage
, resulting from this project. {Engineering]
36.
37.
.
JJ ~2.3
Insure that all frlnchised cable television
companies (.Cable Company.) are permitted equal
opportunity to pllce conduit and provide clble
television service to elch lot within the
subdivision. Restrict Iccess to the conduit to
only those franchised cable television companies
who Ire, Ind remain in cOlpliance with, all of
the teTIIs Ind conditions of the franchise Ind
which Ire in further compliance with all other
rules, regulations, ordinlnces Ind procedures
regullting Ind Iffecting the operltion of Clble
television cOlPanies IS same aay hive been, or
aay from ti.. to ti.. be issued by the City of
Chull Yista. [Engineering]
.
Submit certificltion signed by the Chull vista
Eleaentary School District Ind Sweetwlter Union
High School District indiclting that the
developer Ind the District have entered int' I
binding irrevocable Igreeaent providing for full
.itigltion (as defined in the Specill tlx Reports
dated Dec_er 1192) of school flcility needs
.nerlted by the project. through .nullly Igreed
,rovisions for the establis_nt of I specill
taxing district. IS ,er Specill tlX Reports dlted
, Dec"r 1192, or. if _tullly Igreed. the Ictull
construction by developer of school flcilities.
or such other .ttigltion IS ..y be detllld
appropriate by the Iffected school district prior
to the Ipprovll of the first finll aap which
contlins Iny residentill units. Developer shill
1t=tr
!solut;on No. 16960
age 12
,
bave specifically watved the li.itations, if any,
of 'ove~nt Code 53080 Ind 65995 et sec.
insofar IS those provisions would Hait fuil
aitigation of school facility needs Ind iapacts.
[Planntng]
<)
po@n SDlce
38. 'rant open space lots -A. Ind -D.. Ind Iny
portion of Lots -.. Ind .C. not dedicated in fee
to the County Water Authority, to the City in fee
on the first Final Map which creates individual
residential lots Ind execute Ind record I deed
for each lot. [Engfnttrtng, Porks find
R"reat fon]
39. Submit a list of open space items to be
aaintained and I rough estillate of ..intenance
costs to Illow City staff to dete~ine I
prelillinary cost Ind s2read for the open space
district. {Engfnttrtng]
40. Request that the City fOri! an ~en Space District
to ..intain public Open Space lots .A. and .0',
Ind any portion of Lots e.. Ind .C' not dedicated
in fee to the County Water Authority, Ind submit
to the City the Issociated diagrlm, cost
estillate, description of work Ind a deposit of
$8,000 for processing the f01"llation of tI;!
district. {Engfnttrfng, Parks and Rtentatfon]
41. Submit comprehensive detailed llndscape and
irrigation plans Ind water ..nagement guidelines
for III llndsclpe irrigation in Iccordance with
the Chula Yista Llndscape Manual. The llndsClpe
f01"llat within the project shall be in substlntial
confo~nce with Section 3.2 (Llndscape Concept)
of the Telegraph Canyon Estates SPA plln Ind
,han be subject to the IpprovIl of the City
Landsclpe Architect Ind the Director of 'arks Ind
Recreltion. (PZflnntng. "'rks ""d lIe,reaUOn]
42. Obtain Ipproval of III ,lint ..ten all , lizes Ind
locations. Ind provisions for irrigation of .,en
Ipace ..intenlnce lreas froa the Director of
'arks Ind Recreation. C"'ris ""d lIe,reaUon] .
~
.
43. trade I level. clear lrea It least tllree feet
wide, Ilong the length of Iny Will abutting In
open Iface district lot. IS ..Isured froa flce-
of"'ll to "ginning of "ope, 'lid lrel IS
Ipproved by the City Engineer Ind Director of
~
..
/J---eJ- f
~
Parks Ind R~creltion. [Engtnrrrtng, porks find
Recnot ton)
Obtain approvIl lIy the Director of Parks Ind
Recreltion for th~ siz~ and location of III
access points to open 5plce ..intenlnce lreas. .
[porks IInd Recreotton)
Indiclte on the grlding pllns thlt III walls
which Ire to lie ..intained lIy an open splice
..intenance district are constructed entirely
within the district !roperty. [Porks IInd
Recreotton, Engtneertng
Provide 3 ft. wide solid lIase on III Wills
fronting u20n an open 5pace district. [Porks ond
Recnotion]
Obtain approval of finlll recrelltion trail and
fence des1gn and location from the Director of
Plrks and Recreation. [Porks IInd Recreation)
'Locate a 5 ft. wide decOlposed granite trail with
I post Ind rail fence adjacent to the existing
sidewlIlk on the north side of Otay Lakes Road
subj~ct to review and approval of the Director of
Parks and Recreation. Locate said fence 2-feet
away from the .dge of the trai 1. '[Parks IInd
Recno tton)
I.,rov~ an 8-foot wide pedestrian easement along
the entire westerly side of Street A, along the
Ilorth side of Lot ... to the San Diego County
Water Authority .asement, north along the east
side of said .aselent to and through the trail
path .between lots 148 and 149, northerly along
the west side of Street F to the southerly side
of Gotham Street, and west to the westerly
property 1I0undlry 5ubject to review and approval
of the City Engineer and the Directors of Plrks
and Recreation and Planning. [Engtnrrrtng, Porks
.nd Recrelltton, 'lllnning)
SO. Subllit annual lIuilding ,.nait reports, traffic
counts and fbcal t.,act analysis to the City
co.mencing with the construction of the project
and scheduled to coincide with the annuIl review
of the Growth IIInlgeMnt Oversight CClIIIlittee.
[Plllnntng)
~
) J ~ .,2~
44.
45.
46.
47.
48.
Resolution No. 16960
Page 13
49.
~
!solution No. 16960
Ige 14
Miscellaneous
I, )
51.
52.
53.
54.
55.
Tie the boundary of the subdivision to the
CaHfornia System - Zone VI (1983).
[Engineering]
Submit copies of Fina' Maps in I digital fo~t
such as (DXF) graphic file prior to Ipproval of
each Final Majl for any unit. Provide cClllPuter
aided Design (CAD) copy of the Final Map based on
accurate coordinate geometry calculations and
submit the info~tion in duplicate on 5-1/2 HD
floppy disk prior to the approval of each Final
Map. {Engineering]
Mitigate noise i~acts on the residences along SR
125 by the placement of soH d wa 115 on the
building pads at the top of the slopes adjacent
to the roadway. The walls shall be constructed
in confo~nce with the design luideHnes set
forth in the SPA Plan for Telegraph Canyon
Estates. The end of each noise will shill wrlp
around the building pld enough to block the line
of sight from all points in the exterior living
space to any portion of the illplct i ng roadwlY.
Indicate on the grading plans the locltion of
slid wills. The design and place.ent are subject
to the approvll of the City Engineer and the
Director of Planning. {Engineering, Planning]
Construct a block will between the retaining
walls indicated on the Tentltive Map along the
south side of 60thlm Street adjlcent to the OtlY
Wlter District property. Said Will shill not be
lower thin 5 feet in height along its entire
length and shill be constructed with decorative
concrete blocks, subject to the approval of the
Director of Planning. [Planning]
Include the pedestrian path between Lots 148, 149
and 150 in Lot C. [Planning]
Prepare Covenants, Conditions, and "strictions
(CClR I s) for the project, subject to the approval
of the Director of Pllnning, which provide that:
e. The ,arking of recreationa' .-hicles,
traners or Mats within the developlltnt
shall be prohibited.
56.
/:3 ---c:2?
~
Resolution No. 16960
P.ge 15
b. Fencing on re.r slopes shall be li~ited to
coated chain link or wrought iron colored
lreen. black or earth tones.
[Plannfng]
57. 'ain approval by the Directon of Planning and
Parks and Recreation of the final development
rlans of the recreation areas on Lots eA" and
B" ~ [Plannfng. Porlcs ,,,,d R,creation}
Enhance the developlent .dge alonr the Otay Lakes
Road scenic corridor. i.... var ed heights and
setbacks. architectur.l treataent. and decorative
landscaping and walls. subject to approval by the
Director of 'lanning. [Plannfng. Parks and
R,creation]
.
58.
59.
60.
61.
62.
I 63.
(
Provide a letter verifying that a qualified
paleontologist has been retained to implement the
aitigation eeasures relative to paleontological
resources as outlined in the Mitigation
Monitoring Program prior to the issuance of a
grading permit. [Plannfng]
.
Mitigate advene impacts associated with
geological haZlrds in compliance with the
aitigation eoni tori ng program of the Final
Environmental Impact Report for Telegraph Canyon
Estates GOP and SPA Pl.n (EIR 91-05). [Plannfng.
Engfntlrfng]
Dedic.te and record an open sp.ce .asement on a
ainillum of 0.9 acres wetl.nds associ.ted with ·
l.rger wetl.nds are. on the Ot.y Ranch property
in a location approved by the Director of
,l.nnlng. [Plannfng}
Enter into an Afford.ble Housing Agreement with
the City in conformance with Condition No.6 of
the Telegraph Canyon Est.tes &DP and SPA Plan
(Resolution No. 16768) prior to the a2proval of
Iny Fin.l NIp. [Cl1GIIUnUy "vrlopllltnt]
Use Street A IS exclusive ICC'SS to the property
by construction whicles. 6otha.. Street and
Cree!twood ...y shall .....in closed until the
ftOrthwesterly ,hase of the project is
constructed. subject to the Ipproval of the City
Engineer Ind the .Director of Planning.
(Engfneering. 'I""ntng)
J]~J-?
~
eso'ution No. 16960
1ge 16
. .
64. 'IY off III e~isting deficit Iccounts Issociated ,~
with the processing of this Ipp'ication to the
satisfaction of the Director of "lnning.
(Planning]
65. Landscape the lrea between"the retaining .alls on
the south side of 60tha. Street Ilong the Otay
Munici~al "ater District ~roperty and the
sidewa It/trlil. subject to t e approval of the
Director of "lnning. (Planning]
66. 'repare detailed pllns for the develo~nt within
and Idjacent to the .Inway between lots 148.
149, Ind ISO, slid pllns to include landSCa~ing,
fencing Ind house siting on Idjacent ots,
subject to the approval of the Director of
Planning Ind Parks Ind Recreation. (Planning,
Parb and Recreatton]
67. Provide I planting lrea I ainimum of 3 feet in
.idth between property line fences Ind retaining
.al's 3 feet in height or higher. subject to the
Ipprova' Df the Director of Planning.
(Planning]
Code ~eauirements J
6B. Cause the zoning of In off-site parcel{s) to be ,
used exclusively for I COlIIlIunity purpose
Faci'ities site{s), subject to the satisfaction
and Ipproval Df the Director of Planning, prior
to the recordation of the first Final Ma~ for the
troject, or sub.it I Revised SPA lan and
entative Map which provides for said site .ithin
the subdivision. (Planning, City Attorney]
69. Comply with all appliclble sections of the Chula
Vista Municipal Code. Prelarltion of the Tinal
Map Ind III pllns shall be n accordance with the
trovisions of the Subdivision Map Act and the
ity of Chula Vistl Subdivision Ordinlnce and
Subdivision Manual. [E"fineerin,. 'Zannin,]
70. Underground .11 utilities within the subdivision
in accordlnce with Municipal COde requirelents.
[Engineerin,]
71. 'ay the following fees in accordance with the
City Code and Council PoliCY:
IJ-c2t: ~
yrc;-
SECTION VIII.
t
SECTION IX.
.
. Resolution No. 16960
'Ige 17
72.
The Trlnsportltion and 'ubHc flcilities
Developll!nt IlIpact Fees prior to the
issuance of any building permit.
Signll 'articipltion fees.
All applicable sewer fees, including but
not li.ited to sewer connection fees.
Pay the Telegraph .Canyon Sewer aasin fee.
'ay the Telegraph Canyon drainage fees in
accordance with Ordinance 2384 prior to
final ..p approval.
'ay the amount of said fees in effect at the time
of issuance of building permits. [Engineering]
Make all proposed development consistent with the
EastLake I SPA Pllnned Connunity District
Regulations, as amended in the Telegraph Canyon
Estates SPA Plan, subject to the approval of the
Director Planning. [Planntng] .
Comply with Title 24 and any other energy
conservltion ordinances and policies in effect at
the ti.. construction occurs on the prolerty in
conformance with this Tentative Map. LButldtng
find Housing, Planning]
,
I.
b.
~.
d.
e.
73.
Consequence of Failure of Conditions.
If any of the foregoing conditions fail to occur, or if they
are, by their tenlS, to be illple.ented and ..intained over
time, or if Iny of such conditions fail to be so i.,lemented
and ..intained according to their tenlS, the City, following
a public hearing by the City Council at which the applicant or
succeSsor in interest is g;yen notice and the opportunity to
appear and be heard with regard thereto, shall have the right
to revoke or IIOdify 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
tranted, institute and prosecute liti,ation to cGlpel their
cOIpliance with said conditions or seek "",es for their
violation. ,.
CEQA Findings.
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esolution No. 16960
age 18
A.
Re_ldoDtion Dt-E!ndinos.
The Council does hereby re-.pprove, Iccept IS its own,
Ind re-incorpor.te as if set forth full herein, Ind uke
e.ch .nd every one of the CEQA Findings Itt.ched hereto
IS Exhibit A.
B. Certain Mitiaation Measur@s Feasible .nd le-.doated.
As ~re fully identified Ind set forth in the progr.m
EIR and in the CEQA Findings for this Project, the
Council hereby finds, ,ursu.nt to Public Resources Code
Section 21081 Ind CEQA Guidelines Section 15091, that
the .itigation 8easures described in the Ibove
referenced document Ire feasible .nd wi" become binding
upon the Ippropri.te entity such .s the Applic.nt, the
City, or other specill districts which hiS to i~lement
these specific aitigltion atasures.
C. Feasibilitv of Alternatives.
As is Ilso noted in the environmental documents
referenced in the immediltely ,receding plrlgrlph, six
Ilternatives to the Project which were identified .s
potentillly feasible Ire hereby found not to be
feasible. These .lternatives .re: no ,roject, two
Ilternative designs .nd three .lternltive locltions.
D. ~doDtion of Mitiaation Monitorina Prooram.
As required by the Public Resources Code Section
21081.6, City Council hereby re-adopts the Mitigltion
Monitoring Ind Reporting progr.m ("progr.m") set forth
IS Exhibit B to this resolution Ind incorpor.ted herein
by reference IS set forth in full. The City Council
finds thlt the progr.m is designed to ensure thlt during
'the ,roject iapleaent.ticin Ind operation, the Applicants
Ind other responSible parties illpleaent the ,roject
cOlllPonents Ind cOlllPly with the felSible aitigation
8elSures identified in the Findings Ind in the prograll.
E.
,tatement o~errWna Consfderltf.aD1,..
.
Even Ifter the re-Idoftion of III feasible .iti,ltion
8easures, certain si", fiClnt or potentially siptfic.nt
envirof\lllnt.l Iffects caused by the ,roject c.....,.the,y
will .....in. Therefore, the City Council of the City of
Chu" Vista re-issues, pursu.nt .to CEQA &uidelines
Section 15093, I Stateaent of Overriding Considerations,
IS set forth Ind Ittached hereto IS Exhibit C.
identifying the specific economic, soci.l. Ind other
consider.tions th.t render the un.void.ble si,nific.nt
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Resolution No. 16960
'1ge 19
adverse envirollMntal effects still significlnt but
acceptable.
SECTION X.
Notice of Detenlination.
City Council directs th! Environlental Review Coordinator to
post a Notice of Deterllination and file the sallle with the
County Clerk.
SECTION XI.
Adoption of Street Names.
City Council hereby accepts the recQllendation of the Pllnning
Comission and approves and adopts as the official street
names for all streets within the subdivision, those set forth
in Exhibit D attached hereto, pursuant to Chula Vista
Municipll Code Section 12.44.010.
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Robert A. Leiter
Director of Pllnning
Presented by
Bruce M. Boogllrd
City Attorney
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,olution No 16960
ge 20 .
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Resolution No. 16960
Page 21
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PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Yista, California, this 19th day of January, 1993, by the following yote:
YES: Councillembers: Fox. Horton. Moore. Rindone
NOES: Councillembers: None
ABSENT: Councillembers: Nader
ABSTAIN: Councillember~: None
.
. Rindone
Pro-Tempore
ATTEST:
'-..,.-.:'. . / / /:- -I' ( .
i '-'....l "'\.: '..;_ {.t'. L'- L.....: 11 . i ,
Beverly~. Authelet, City Clerk
STATE OF CALIFORNIA l
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
ss.
I, Beverly A. Authelet. City Clerk of the City of Chula Yista. California. do
hereby certify that the foregoing Resolution No. 16960 was duly passed, approved,
and adopted by the City Council held on the 19th day of January. 1993.
.
Executed this 19th day of January. 1993.
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Minutes
January 19, 1993
Page 3
Attorney, approved 4-G-1. with Nader absent.
IUiSOLl1l10N 16966 AS AMENDFD. OFFERED BY COUNCUMN RlNDONE, reading of the tat was waived,
passed and approved 4-G-1, with Nader absent.
. . END OF CONSENT CALENDAR . .
PUBUC HEAR.!NGS AND R.ELA1lID RESQLl1l10NS AND ORDJNAlI!CES
9. PUBUC HEAl!1NG PCS-93-03: CONSIDERATION OF TIm TENTATIVE MAP, STATE.MEl'IT OF
OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING PROGRAM. AND STREET NAMES FOR
TELEGRAPH CANYON ESTAn:s . BAlDWIN VISTA ASSQOAn:s . The applicant proposes to subdivide 112
acres of presently unincorporated property located on the north side of Otay Lakes Road directly east of Otay
Lakes Lodge mobile home park and directly south of EastLake Shores. The proposal calls for 345 single
family lots, two recreation areas, and four open space lots containing over 26 acres. Staff recommends
approval of the resolution. (Director of Planning) Continued from the meeting of 1/12/93.
Paul Manganelli, Senior Planner, briefly described the project. He focused on the circulation elements of
the project as requested by Council.
Councilman Fox asked when the agreement regarding affordable housing would be forthcoming.
Mr. Manganelli responded that was Condition 62 of the Final Map and would be presented to Council when
the Final Map was brought forward.
Councilman Fox stated he understood Baldwin would be required to provide the Community Purpose Facility
whether or not the Otay Ranch was annexed. He stated his desire that the facility be located in close
proximity to Telegraph Canyon Estates.
Mr. Manganelli replied that staff would look at the location in a broad context relative to the Eastern
Territories as a whole and it would not be absolutely required to be within a specific distance of Telegraph
Canyon Estates but would be in the General Planning and Service Area. He noted that Baldwin had
proposed meeting the facility requirement in the first village of Otay Ranch which was in relative close
proximity to Telegraph Canyon Estates.
Mr. Manganelli pointed out that the revised School Condition wording, as recommended by the School
District, was placed before Council prior to the start of the meeting.
This being the time and place as advertised, the public hearing was declared open.
Tim O'Grady, 2029 Port Cardiff. Chula Vista. CA 91911, representing the Baldwin Company, thanked staff
and noted Baldwin's concurrence with the resolution and all conditions contained within.
There being no further public testimony, the public hearing was declared closed.
IUiSOLl1l10N 16960 APPROVING TIm TENTATIVE SUBDMSlON MAP FOR TELEGRAPH CANYON
ESTAn:s, CHULA VISTA TRACT 93-03; AND MAlClNG TIm NECESSARY FINDINGS; READOPTING nm
STATE.MEl'IT OF OVERRIDING CONSIDERATIONS AND TIm MITIGATION MoNITORING PROGRAM FOR
EIR 91..05
City Attorney Boogaard stated staff requested Council amend the motion by substituting the language in Item
No. 37 as contained in the handout.
MSC [Fo~orton] to amend Condition No. 37.4-0-1. with Nader absent.
IUiSOLl1l10N 16960 AS AMENDFD. OFFERED BY COUNCUMN MOORE, reading of the tat was waive<!
passed and approved 4-G-l, with Nader absent.
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RESOLUTION NO. 17475
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING CERTAIN CONDITIONS OF RESOLUTION NO.
16960 APPROVING THE TENTATIVE SUBDIVISION MAP FOR
CHULA VISTA TRACT 93-03. TELEGRAPH CANYON ESTATES
WHEREAS. on January 19. 1993. by Resolution 16960. the City Council approved the
Tentative Subdivision Map for Chula Vista Tract 93-03. Telegraph Canyon Estates; and.
WHEREAS. at the time the first final map of this development was approved. Council
also adopted Resolution 17278 amending the original conditions of approval of the tentative
map and certain conditions were amended to defer compliance until approval of a later final
map of the development; and.
WHEREAS. the supplemental subdivision agreement for the first phase of development
(Resolution No. 17279) outlined the terms and conditions for the developer to satisfy the
amended conditions; and.
WHEREAS. the developer is now requesting that Council further amend Conditions of
Approval Nos. 61. 62. and 68 to defer compliance until approve of subsequent maps; and.
WHEREAS. Condition No. 61. as originally amended. requires the developer to enter
into an agreement to dedicate and record in first priority positions a minimum of 0.9 acres of
wetlands on the Otay Ranch property prior to approval of the fourth final map; and.
WHEREAS. it had been anticipated that the grant of easement and subordination
agreement would be completed prior to presenting the fourth final map for Council approval;
the grant of easement has been prepared and recorded. however. because the property on
which the easement is located serves as collateral for loans secured for the purchase of the
Otay Ranch the subordination agreement must be executed by a number of different entities
and individuals and the execution process has taken considerably more time than anticipated;
and.
WHEREAS. staff recommends that Condition No. 61 be further amended to read as
follows:
"Enter into an agreement not to apply for Council approval of a fourth or later
Final Map for the Property until Developer has dedicated to the City. by the
recordation of a dedication deed. an easement over a minimum of 0.9 acres
wetlands associated with a large wetlands area on the Otay Ranch property in
a location approved by the Director of Planning ("Originally Wetlands
Easement"' and provided a title poliCY covering the Original Wetlands Easement.
Developer shall further agree not to apply for Council approval of the final map
containing the 232nd lot until Developer has recorded all necessary
subordination agreements to subordinate any deeds of trust encumbering the
property on which the Original Wetland Easement is located and provided a title
policy insuring the priority of the Original Wetlands Easement."
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Resolution No. 17475
Page 2
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WHEREAS. the original Condition 62 of the approved tentative map for Telegraph
Canyon Estates required the developer to enter into an affordable housing agreement to. as
a minimum. grant in fee to the City not less than three buildable acres in a location and of a
character satisfactory to the City for the purpose of constructing housing for low and
moderate income families; and.
WHEREAS. Condition No. 62. as previously amended. requires the developer to enter
into an Affordable Housing Agreement with the City to provide 34.4 affordable housing units
of the Fifth Final Map; and.
WHEREAS. since it is anticipated that the fifth final map will soon be presented to
Council for approval and the developer and City staff have come to an understanding that the
required affordable housing may be provided partly on-site and partly off-site. Staff
recommends that Condition No. 62 be further amended to read as follows:
"Developer agrees that. without permission of the Council. it will not apply for Council
approval of a Final Map covering the 200th lot within the Property to be subdivided
until City and Developer have entered into an affordable housing agreement in
accordance with Condition No.6 of the resolution approving the General Development
Plan and SPA Plan for the Telegraph Canyon Estates project (Resolution No.1 6960)."'
WHEREAS. Condition No. 68. as originally amended. requires the Developer to enter
into an agreement with the City to cause. consent to. permit. apply for. and not oppose the
planning or replanning and zoning or rezoning of an off-site parcells) as a Community Purpose
Facilities (CPF) site prior to the recordation of the fourth Final Map; and.
WHEREAS. the CPF site is expected to be provided in the first village of the Otay
Ranch. and the Otay Ranch General Development Plan has been conditioned accordingly.
however. the Otay Ranch property has not yet been annexed and therefore the developer is
unable to comply with the condition at this time; and.
WHEREAS. the amended condition would require the developer to further reserve and
later replan an appropriate CPF site within the project if an off-site parcel cannot be
guaranteed prior to the approval of the final map containing the 301st lot of the subdivision;
and.
WHEREAS. Council desires Condition 68 be amended as follows:
Developer agrees that it shall. concurrently with the execution of this Agreement.
record a covenant ("Covenant"' against a parcel ("CPF Parcel"llegally described as
shown on Exhibit A. entitled "Legal Description. C.P.f:. Site", (consistently of
approximately 1.51 acres located within the area of the Property. and legally mapped
as shown on the Exhibit B attached hereto and incorporated herein. that such parcel
shall be restricted for the use as a Community Purpose Facilities site. In the event that
Developer applies to the Council for approval of a Final Map covering the 301 st lot to
'Amended on Council floor. May 3.1994. to read as set forth herein.
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Resolution No. 17475
Page 3
be subdivided within the Property and Developer has not (re)planned and (re)zoned as
a Community Purpose Facilities Site 1.5 acres of property within the territory of the
city satisfactory to the City. the City can, at City's option, either amend the SPA Plan
and rezone the Property themselves or require Developer to submit an amendment to
the SPA Plan and amend the zoning map and/or zoning regulations to specify the
necessary zoning for such a Community Purpose Facilities site within the boundaries
of the Property covered by the Covenant; provided, however, in the event Developer
does plan and zone a Community Purpose Facilities site on an off-site parcel within the
City of sufficient size, in a sufficient location and to the satisfaction of the City which
is owned by Developer, then the Covenant shall be terminated and of no further force
or effect and City shall execute any and all necessary documents to provide for such
termination. -2
NOW. THEREFOREM BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby amend certain conditions of Resolution No. 16960 aproving the Tentative
Subdivision Map for Chula Vista Tract 93-03, Telegraph Canyon Estates as set forth
hereinabove.
wlj' '
J6hn P. LiPPitt~
Director of Public Works
Bruce M. Boogaar
City Attorney
Presented by
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'Amended on Council floor at May 3, 1994 meeting.
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Resolution No. 17475
Page 4
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EXHIBIT A
LEGAL DESC1UPl10N
c.P". SlTE
THAT PORnoN C1ITHE SQUnI\\'EST QUAA1D C1I SECT10N )4.lOWNSHIP ., ICXTrH. RANGE I
WIST. SAN IlD,N.UDINO BASE AND hlERJDIAN.1N THE CrT'Y aI CHULA VISTA. COUNTY aI SAN
DIEOO. STATE aI CAJ,.IPORNlA. DESaJP.... AS PQU.OWS:
BECilNNlNO AT THE MOST NORnlEJU.Y CXlRNEIlC1lID1' 19, CII\lLA VISTA ftACfNO. 9JoG3.
ftUOIW'H CANYON ESTATES NEIGHBORHOOD 3 UNIT NO. I. IN THE CrT'YaI CII\lLA ViSTA.
.
COUNTY OF SAN DIEClO. STATE aI CAJ,.IFORNlA, ACCOIlDINO TO MAP 1HEREOf NO. 13070. P1LED
IN THE Of'FlCE alTHE SAN DIEOO COUNTY UCORDD ON NOVDIBER U, 1993; 'I1IENCE A1DNO
THE NORnIEJU. Y LINE OF SAID IDI' 19 AND IDI'S II. .,. 16 AND 15 aI SAID MAP NO. 13070 THE
I'OLLOWlNO THREE ~S, SO\111i 62" 04' 00" WEST, 43.35 PEn; THENCE SO\111i ,.. 4T OS.
WIST, 65.24 FEET; THENCE NORTH "" OS' 00. WEST. 112.39 FEET; THENCE LEA VlNO SAID
NORnlEJU.Y LINE. NORTH 13" 31' ocr WIST.13S.9S FEET; THENCE NORTH 02" 31' 00. lAST. 121.10
PEn; THENCE NORTH 12" W 00. lAST. 121.71 FEET; THENCE SO\1TllIS" 2'7' ".IAST. 56.00 FEET
10 A POINT ON A NON-TANGENT 421.00 FOOTIl.ADIUS CURVE CONCAVE WES1DlY. WJTH A
BEAlUNO nOM THE Il.ADIUS TO SAID POINT OF SO\1TllIS" 2'7' ".IAST; THENCE sounmu. Y
ALONO THE AAC OF SAID CURVE THllOUCiH A ~ AJIlOL.E OF 01" 14' ".. A DISTANCE OF 9.30
PEn; THENCE SO\1TllOS" 47'00' WEST. IU6fEET TO THE BEOrNNINO OF A TANGENTto.OOFOOT
Il.ADIUS CURVE CONCAVE EAS'fE]U. Y; 1HENCE sounmu. Y ALONO THE AAC aI SAID CURVE
THllOUOH A CENnAL ANCiL.E OF 17" 41' 30., A DIST AJIlCE OF 27.97 FEET; THENCE SO\111i 12" 01' JO.
lAST. 15.56 FEET; THENCE NORTH 17" 53' 00. lAST. 107.37 FEET; THENCE SO\111i Ol" 24' 00. lAST,
.
10.)4 FEET; 1HENCE SO\111i 13" 56' 27" WEST, 37.93 FEET; THENCE SO\111i W 07' 00" WIST. '72025
PEn TO THE POINT OF BEOrNNINO.
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Resolution No. 17475
Page 5
LEGAL DESCRIPTION PLAT
C.P.F. SITE
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Resolution No. 17475
Page 6
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PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 3rd day of May, 1994, by the following vote:
AYES: Council members: Horton, Malcolm, Moore, Nader, Rindone
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
JC /I.Jt4..
Tim Nader, Mayor
ATTEST:
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Beverly . Authelet, City Clerk
STATE OF CALIFORNIA )'
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A.Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 17475 was duly passed, approved, and adopted by the City
Council held on the 3rd day of May, 1994.
Executed this 3rd day of May, 1994.
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Minutes
May 3, 1994
Page 7
f
APPROVING A TENTATIVE SVBDIVlSION MAP FOR TELEGRAPH CANYON ESTATES, AND
AUTHORIZING THE MAYOR TO EXECUI'E SAME
E. RF.~OUmON 17477 APPROVING FINAL MAP OF TRACT 'J.eJ, TELEGRAPH
CANYON ESTATES NEIGHBORHOOD 1 UNIT 2, ACCEPTING ON BEHALF OF THE PUBLIC THE
PUBLIC SJ'REETS DEDICATED ON SAID MAP, AND THE EASEMENTS GRANTED ON SAID MAP
WITHIN SAID SVBDIVlSION, AND APPROVING SVBDIVlSION IMPROVEMENT AGREEMENT FOR
THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVlSION, AND AUTHORIZING
THE MAYOR TO EXECUI'E SAID AGREEMENT
City Attorney Boopan! IlaIed two ",opoeed chanaes were oeaotialed at the Iaat minute aDd administrative staff had
DOt bad a cbance to review them. The pressure to p.opose the change wu created by the oeed of the developer to
record a map aDd their finaDcing wu depeDdeot upon doing so. The ordinaDce in the Council notebook required
the developer to pay the PAD fees aDd other required fees within 60 days of map approval. That was a cbange
from the current policy aDd past practice of baving the developer pay the PAD fees at or before map approval. He
wu not advocating Council's adoption but was not objecting it either because it contained a provision that the fund
into wbich the fees would go would collect interest at two percentage points above the average interest earnings.
He felt that created a cash equivalency between a current payment aDd a future payment secured by a AAA rated
insurance company or a letter of credit. lbe City Manager and City Attorney would bave to agree on the proposed
aecurity. It was in the form of aD ordinance because it would be available to aDY proposed fee payer. The first
amendment to the supplemental subdivision improvement agreement also had changes as marked in the handout.
r
Mayor Nader stated he had asked for information on low income housing, i.e. Condition /16. lbe information
presented was incomplete, but the condition was for the provision of three buildable acres for low income housing
and it wu left open as to who it would ultimately be provided to. lbe materials in the agenda packet suggested
that it had been changed to a different set of conditions and were now being further modified in the City Attorney's
proposal. He wu unclear as to when the modification was clone by the Council.
.
City Attorney Boogaard stated the agreement being referred to wu contained on page 13-13 aDd Condition 68 was
repeated on page 13-16. Tentative Map Condition /16 provided substitution rights of three buildable acres.
Mayor Nader stated it wu not a substitution right, it wu a condition that there be three buildable acres. It appeared
there wu a cbange. He questioned if that condition wu preserved in the proposal or if it wu altered.
City Attorney Boogaard responded that it wu altered. lbere was a duty to provide three off-site buildable acres
of affordable housing and the agreement before Council allowed, at the Council's option, the right to require the
cash or land equivalency to the burden of building 17.2 low income units on I 1/2 acres. lbe affordable housing
requirement for three buildable acres was being converted to the Council's option of baving I 1/2 acres of land.
Mayor Nader questioned why that was being done and why it wu not more explicitly spelled out for Council. He
felt that wu a significant change.
(
City Attorney Boogaard stated the changes occurred 1ate that afternoon. He felt it could be a more rigorous
condition than the previous Condition /16. The Council would bave the right to require enough nw land to be the
equivalent of providing the land and coastructing the units.
Dave Gustafson, AasistaDt Director of Community Development, respooded that Condition 16 was altered to the
dearee that the moderate income units could be provided 011 site and staff felt that wu aD advantage. The low
iDcome units would still be off-site and the option available to Council would be to require the dedication of the land
to build them. The previous condition IlaIed there would be three acres, balf of wbich would be moderate income.
Mayor Nader IlaIed that was the standard obligation. but was DOl what wu incorporated into that particular tentative
map. It did not specify that balf would be \ow income housing. The intent wu that the condition would ultimately
be aatisfied by deeding over either to the City. or a community _-profit organization agreeable to the City, three
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buildable ICre& tbal could be U8ed for low iDc:ome housing. He felt tbal coadition was III overriding consideration
tbal jUllified the eaviroameDtaI impecl of the project. He was dildWbed tbal it appeued there was a propoaaI to
IUbstllltively cbaIlge a condition the policy makers inteDded ud it sbouId have beea put clearly before Council.
He quaticmed why there oeeded to be a chaoge in the origioal condition.
City Attomey Boopard stated there oeeded to be 0Ile chaoge if progresa was to be made. i.e. the developer bad
the right to defer the duty to have a housing agreemeot with the City until the fourth fioaI map ud the inleDt was
to defer tbal UDliI the fifth fioaI map or aubsequeat mapa. He was DOt c:ertaio there was a coaacious inleDt to subvert
the option created in CotKIition 16. Council. UDder CotKIition 16 bad III option in lieu of requiring the developer
to build affordable housing provide aDOlber acre of Iud. He felt the developer would have preferred to doDate the
Iud. If the City only received the Iud there would be the expeose of approximately $30.000 to build each unit.
Mayor Nader quaticmed whether alaff bad lakea the poaition tbal the Iud bad to be conveyed to the City at which
point the City would build the units. The inleDt of the origioal condition was tbal the conveyance could be to a
commIIIlity _-profit organization tbal might have the ability to get the units built.
CoUDcilmember Moore questioned whether COUDcil could move forward with the other items with alaff making
copies of all information for other Councilmemben.
Mayor Nader stated CoUDcil could move forward with resolutions that were aeparate from that condition or just
resolve it by lesving the original condition as it was ud iDc:orporating it into the resolutions.
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Minutea
May 3. 1994
Page 8
City Attomey Boogaard stated the developer Wlllted approval of Item E. i.e. approval of the fioaI map. Staff did
not WIIIt that approved until they were sure the developer would perform the other conditions. Item D addressed
the housing isaue.
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Councilmember Moore questioned if lilY Councilmember disagreed with 17.2 moderate income housing units on
the present site.
Mayor Nader stated he did because it was a change in what was previously acted upon which slat.... the eatire
affordable housing element would be satisfied with a provision of buildable acreage off-site for 34 units of affordable
housing.
RESOLUTION 17474 OFFERED BY MA YOIl NADEll, reading of the text was waived. passed and approved
4-1 with Ilindcme opposed.
COUDcilmember Moore questioned whether there were other items tbal could be considered tbal were separate from
the low/moderate housing requirement.
City Attorney Boopard stated Item A. Ordinance 2592. granted the developer the permission tbal bad DOt
previoua1y beea exteaded to other developen. i.e. permilSion to let them pay r-. primarily the PAD r-. by
giving the City security with payment to be made on or before the first Certificate of Occupancy.
City Manager Goss alated be did DOt have a problem with a sixty day delay in getting the PAD money from the date
of acceptance of the map by Councilor recordation. He did have a problem tbal there was a guarulee procesa tbal
could be met ud tbal the fee might DOt actually be paid until Certificate of Occupancy in which case it would
IUbstllltially delay the PAD fee. Staff bad advised him tbal they would like to look at the 1IIIguage for a week
before aupportiDg it. They also wlllted to talk to the Parks &. Ilecreation Director ud Public Works Director
regarding the impacts of the propoaaI. The PAD _y was currently in the oeaative ud Council bad made
commitmeots from those funds.
CouDcilmember RiDdooe questioned what the industry atudard was for the paymeot of f_. He did DOt feel be
could vote for the proposed chaoges until ataff bad III opportunity to review it. Un/eos there was a time
coaseq_ tbal was 10 siJDifiClllt tbal Council bad to lake action it should be continued for one week.
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Minutes
May 3, 1994
Page 9
J_ Valenzuela, DireclOr of Pub &. Recreation, ataled the Subdivision Map Act called for payment of pari< fees
al fiDaI map, but did give flexibility of payment up 10 the building permit atage. In his survey with surrounding
cities in San Diego County it appeared that the payment of pari< fees was CODsiSlellt ICtOSS the board and Cbula
Viata stood out as ODe of the oaly cities where pari< fees were required prior 10 fiDaI map recordation.
City Maoager Goss felt the proposa1 undercut the policy issue ataff was working on.
. Fred Arbuckle, repreaeating the Baldwin Company, ataIed be could only respond 10 the payment of the
parks fee issue. They needed 10 bave the map fiDaled so they could pull building permits as &ODD as possible. Their
mlellt was 10 bave the map recorded next week and preferred there not be a delay regarding the map. He
apologized 10 staff and Council regarding the confusion regarding the payment of the fees and the idea that it was
a last minute cbange. He bad a certain understanding and a mis-understanding about what was before Council for
CODSideration. They asked that Council approve &taft's original recommendation, not the modified recommendation,
which would permit the payment of the fees within sixty days of Council action, but prior 10 recordation of the map.
As a follow-up they would like 10 meet with &taff over the course of the next two weeks and return at that time
regarding a postponement of the payment of fees. They were looking at ways 10 satisfy stafrs concerns regarding
leCurity. They bad sucassfully utilized the posting of a bond with the City of San Diego.
Mayor Nader questioned what the leCurity concern was with the ordinance.
City AlIOrney Boogsard &taled there was no security problem with the ordinance in the Council agenda packet. It
was unsatisfactory 10 the developer as they needed credit beyond the sixty days IDd still bad 10 bave the right 10 pull
building permits right away.
.
Mr. Arbuckle responded that was correct, they WIDIed to postpone fees, record the map, IDd &tart construction.
George Krempl, Deputy City Manager, &tated the Parks &. Recreation Department was working on a referral from
Council regarding the issue of paying pari< fees at the time of building permits rather than at map approval. He
bad been informed that the issue would go to the Park &. Recreation Commission on 5/19/94 with a report back 10
Council in early June. He felt that report could also look at payment of the fees at occuplDcy.
Councilmember Fox questioned if the City bad IDY restrictions in the agreement that would allow the City 10
determine the proximity of the community purpose facility sites 10 the project site.
Mr. Gustafson responded the Council bad the authority 10 approve the specific site. The intent in the original SPA
Plan was that the site would be in the Otay Ranch, one of the first villages. That bad been designated in the Otay
Ranch General Development Plan. If that could not occur in the development time frame for the project, a site had
also been designaled in their project that could meet the requirement.
. Tim O'Grady, representing the Baldwin Company, &taled they bad identified the site with the assistance
of the Engineering IDd Planning Departments. It was felt it was a reasonable site within the project boundaries to
provide such a facility. The inlellt was 10 provide it off-site within the Ranch.
City AlIOmey Boogsard &tated even though the ordinance would not take effect untillbirty days after the second
reading, the coacept was that Council was approving a policy that would be available 10 all developers of deferral
and that ataff would administratively apply the policy.
ORDINANCE 1591 PLACED ON FIRST READING BY MAYOR NADER, ..di.. of &be lext was waived,
pused md approved wwWnol&ly.
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City AlIOmeY Boogsard recomn-<Ie<I that Item 0, be .--ded 10 read, first four lines, "Developer agrees that
without permission of the Council, would not apply for Council approval of a fina1 map covering the 200th lot
within the property 10 be lUhdivided until the City and developer bave entered inlO an Affordable Housing
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Ap-eemeat in acconIaDce with Coadition fI6 of the GeoenI Development Plan aad SPA Plan'. He st.ated that
BaldwiD would aeeclto ~tto the cbaup in the qreemeot.
Mr. O'Ondy st.ated that would be lICCOplable if it was the 20151 lot due to the way their bouocIary liIleI wae oet
up. It was llIlticipmed that the oeveath map would be before Council in five to six months.
. Kim Xi1kmMY, ."!'..-tiIlg the BaldwiD Complllly, st.ated when the three.ere requirement was oepialed,
the inleatiOll was that the three .era be provided witbill Olay RllIlc:h. The problem they hIld eDCOUIItered since tbea
was that it was DOt witbill the City of Chula Vista aad DOt likely to be witbill the DeXt six months. The specific plllll
aad ouhcIivisioaa would DOt be approved in that time frame aad therefore there would DOt be a specifically ideatified
buildable lot that could be COIIveyed to the City or a third party. They could eater into a COIItr..:t to do that aad
the Olay RllIlc:h GeoenI Plan hIld 11lIlauaJO that required them to do that. In terms of hard aad fast eecurity, they
had DOt '- able to Jive the City the lot, unleas the City would be wisfied with a Cov_t.
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Minutes
May 3, 1994
Page 10
Mayor Nader felt tbere were sevenllegal devices that would comply with the spirit aad would be binding providing
the COlIIIty allowed them to do llIlytbillg 00 Olay Ranch. He did not feel it was fair to have building permits held
up over a condition Baldwin wllllted to fulfill.
MSUC (NaderlMoore) to amend \be qreement appro.,ed by Resolution 17476 to read rmt four lines.
"DeYeloper qrees tbat without pennission or \be CowIdI, would not apply for Council appro.,.1 or a rmal
map co.,erinc \be 200tb lot within \be property to be subdi.,ided until \be City U1d de.,eIoper ban entered
into an Affordable Housina Apeement in accordance with Condition 116 of \be General DeYelopment Plan and
SPA Plan",
MS (NaderlFox) to amend Resolution 17475 to read. paae 13C-1. language in \be indented section read
"DeYeloper 1IIree5 tbat without pennission or \be Council, would not apply for Council approval of a rmal
map co.,erinc \be 200tb lot within \be property to be subdivided until \be City and deYeloper bave entered
into an Affordable Housi"l Alreement in accordance with Condition" of \be General DeYelopment Plan U1d
SPA Plan",
."
Councilmember RiDdoDe questiODed what the interesl iDcome nte was 00 the PAD fee. He further questioned what
the time would be from the original proposal for the fourth map to the occupancy stage.
Mr. Krempl st.ated the iDcome nte was approximately 4. + ".
Mr. Kilkeaoey respooded that they typically CODSlructed a productioo unit between five aad six mooths.
Council_her RiDdoDe stated if it were six months, 011 $170,000 at 4" it would ooIy be $3,400 annually.
VOTE ON AMENDMENT TO RESOLUTION 17475: appro.,ed unanimously.
RESOLUTIONS 17475 AS AMENDED. 17476 AS AMENDED, AND 17477 OFFERED BY
COUNClLMEMBER HORTON. readi"l or \be text was wai.,ed,
Counci1member Moore questioned what the DeXt atep would be, i.e. would the appliCllllt aad staff COIItiIlue to
negotiate.
Mr. Krempl teIpOIIded that was correct.
Councilmemher Fox questiODed if it was possible that the item would be brought b..:k for Council consideration
of defem! of fees until the occupmcy stage.
Mr. Krempl stated it was a possibility for consicleratiOll of future maps, but it was his uoderslaDdiog that they
wllllted to record the preseat map aad it would seal the CODditions approved by Council.
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Minutes
May 3, 1994
Page 11
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CouDcilmember Moore questiooed if Ibe 34.4 units of affordable housing had been settled.
Mr. Leiter stated the coodition referred 10 the SPA PIIIl IIld wOllld be Ibe basis of negotiations.
Mayor Nader stated it was tlllsettled at Ibe cllrreat time.
Mr. Kilkenney responded that when Ibe project was originally approved Ibe Baldwin Compmy made a commitment
10 three acres and Ibey stood ready 10 try 10 provide 17 moderate income hOllSing lIDits on site, bllt he heard
Council's preference for three acres off-site.
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Mayor Nader stated Council had approved a motion several years ago regarding Ibeir preference for three acres off-
lite. It was IIDderstood at that time Ibe developer wOllld f11lfilllbeir reqllirement by Ibe City exercising Ibat option
rather Iblll by requiring Ibe units be build on-site.
Councilmember Moore felt that shollld be clarified in no IIDcertain terms in order to resolve it for once IIld for all.
MS (Nader /Horton) to reiterate previous Council action that Condition #6 should be fulfilled through a
provision of affordable housing off-site by way of three huildable acres, whether conveyed to the City or to
a DOn-profit hollSing entity approved hy the City for the purpose of huilding affordable housing units (34
units).
Councilmember Horton stated page 13-3 stated Ibe original condition was not III option bllt reqllired. If Ibe minlltes
were different it shollld be clarified.
.
Mayor Nader felt langll&ge was missing on page 13-3 in Ibe last paragraph. When cbanges in policy were being
recommended Ibe original COlIDcil action needed to be provided as part of the backllp information. He felt Ibe
motion on Ibe floor provided clarification IIld allowed Ibe project to move forward.
City Atlomey Boogaard IIrged ColIDcil 10 appreciate that the developer wOllld not have a problem as it was a
cbeaper alternative for Ibem.
Mayor Nader stated Ibe confllsion was whether ColIDcil was attempting to get money OIIt of the developer or
attempting to provide a pllblic benefit. His goal was not 10 focllS on Ibe dollar amollnt the City received from Ibe
developer, blltlo focllS on how millY lrIIly affordable hOllSing units the City wOllld be able 10 provide 10 families
in Ibe region IIld at what reasonable cost. If Ibey collld get Ibem provided more efficiently, wilb less bllrden 10 Ibe
developer, IIld more favorable impact 10 Ibose in Ibe community in need, that was what he WIIlted to do.
City Atlomey Boogaard felt he needed 10 advise Council as 10 Ibe feasibility of gellinglbe project throllgh sweat-
eqllity. He was III\lIWIfO of lilY feasibility stwIy on being able 10 do that. Council shOllld know Ibat if Ibey were
ptting three acres of IlIld how millY hOllSing units COIIld be achieved throllgh sweat-eqllity IIld if Ibey WIIlted it
in Ibe City or on land that may never come inlo the City. Staff did not know if Ibey were being directed 10 accept
three buildable acres in Clay Ranch that were not annexed 10 the City. If Council foreclosed Ibose options by
directing staff wilbOllt stwIying Ibe economics IIld where it was located Council may not have Ibe policy slIIdy done.
Mayor Nader stated no policy stwIy was directed. CouDcil asked for three bllildable acres for affordable hOllSing.
It had been discllSSOd lhorOllghly two years ago and those iSSllOS were raised by staff at that time.
SUBSTITUTE MOTION: (MooreIHorton) to dired staff to iDdllcle the present motion within the necotiations
with the appliQllt and brin& back the pro'. and con'. to the Council within the time frame of the total report.
Mr. Kilkenoey stated it wOllld take approximately lix 10 eight months for the sixlb final map or the 200tb lot.
.
CouDcil_ber Fox qlleSliooed whelber lix months COIIld be included within the motion.
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Minutell
May 3, 1994
Palle 12
CouIlcil_"'"' Moore atated it would be brought t.ck with the other report ud should be withiD the sill mooths.
Mayor NIder atated he did DOl feel that was fair to the developer, Council, or the citizaul for whom the affordable
housiDa ..-t was designed. They were at a stage where there was a teatative map with the coaditioo iDcluded
ud a developer Prepuinll for IUbmissioo of fiDaJ maps within the Dellt sill mooths. He did DOl - why that should
be delayed further.
Council.....,.her RiDdooe questiooed whether the appliCUlt bad a problem with the .-AM motioo 00 the floor.
Mr. Kilk_y ~ that he felt they could I""fo.m IIDlIer my altemative, but felt it would be more clear to
provide UDder the initial motioo.
VOTE ON SUBS'ITI'UTE MOTION: apprond 4-1 with Nader opposed.
. . . ColDlCil.... .". to Closed Session at 6:25 p.m. and reconvened at 7:03 p.m. · · ·
14. REPORT EAST OT A Y MESA SPECmC PLAN . The County of San Diego
i. curreatly Processinll a Specific PIlD for East OIay Mesa. The City has previously raised concerns regarding
traffic, lnDSpOrtatioo facility fioIDcing md Phasinll, jobslbousing balaDce, md biolollY' The County Board of
Supervisors i. scheduled to tal<e action on the matter on 5/4/94. Staff recollllDellds that Council review md enforce
a final set of comments to be forwarded to the Board of Supervisors on the matter. (Director of Planninll)
Continued from the meed.. of 4/26/94.
Robert Leiter, Director of PlllDlliDg, stated staff bad met with the managemeot staff of the Planninllmd Public
Works Departments md bad mother meeting scheduled for later in the week. The City MlDager was scheduled
to meet with the Deputy CAO on Monday. Staff was continuing to resolve the iasues md hoped to ao to the Board
of Supervilors with a more speci fic recommendatioo.
MS (RindonelFox) to appron staff recommendation; II and 12: 1) _wt with County executin staff
"Ilardi.. issues tnlmniUed previously to the County if San Dieao PIanni.. Commission; and 2) tnlmnit the
letter to the County Board of Supenison (attadment 2), wbich ~uests that the Board postpone fmaladion
on the East Otay Ml!5ll Specific Plan to enable the City and County to address concerns with the analysis
contained in the F'mal EIR as well as policies contained or laid... in the East Otay Ml!5ll Specific Plan.
Mayor NIder questioned if the proposed letter was my different IbID the letter before Council last week.
Mr. Leiter atated the comment reaardina bioloay bad beeD removed as it bad beeD based 00 previous information.
Staff did verify that and added additional policy lID....ae regardina bioloay. 10 additioo, the recom.......datioo at
the end of the letter was made more specific as to the chmaes staff was recommending in their plm. They did
follow the same !iDe of thinkiDa iDcluded in the first letter. The County staff did not have a problem with
recom""""""tioo II, but there were some issues reaarding the requirement for a Facility Phasing and FiDancina PIID
that they bad DOl reached aareement 00.
Mayor Nider questiooed when it was scheduled for review by the Board of Supervisors. He further questiooed if
mythiDg was added to the letter reaarding the use of public transit to deal with circulatioo and traffic impacts.
Mr. Leiter respooded that it would ao before the Board 00 5/11194. Under Item II they specifically referenced
that the EIR should include specific mitigation measures iDcludina both roadway improvemeots and DOO.automobile
transit improvemeots such as mass transit facilities and lnDSpOrtation demand measures.
Mayor NIder questioned why the City could DOl ask that they amend the Specific Plm in some way to require that
before leDtative maps were approved that the City'. conc:ems be addressed. That way they could move forward
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RESOLUTION NO. 17279
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT REQUIRING DEVELOPER TO COMPLY WITH CERTAIN
UNFULFILLED CONDITIONS OF RESOLUTION NO. 16960 APPROVING
A TENTATIVE SUBDIVISION MAP FOR TELEGRAPH CANYON
ESTATES, AND AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, on January 19, 1993, by Resolution No. 16960, the City Council
approved the Tentative Subdivision Map for Chula Vista Tract 93-03, Telegraph
Canyon Estates; and,
WHEREAS, certain conditions for the recording of final maps required by
Resolution No. 16960 have not yet occurred at the time of the adoption of this
resolution; and,
WHEREAS, the Developer of the subdivision desires to have three of several
final maps recorded at this time ("First Three Final Maps.); and,
WHEREAS, City is willing to allow the recording of the First Three Final
Maps at this time upon execution by the Developer upon, among others, the
exec uti on of an agreement ("Supp I ementa I Subdi vi s i on Improvement Agreement")
requirin9 Developer to perform the unfulfilled conditions of approval at a later
time; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the Supplemental Subdivision Improvement
Agreement to Perform Unfulfilled Conditions of Tentative Subdivision Map
approval, known as document number C093-216, a copy of which is on file in the
office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Agreement for and on behalf of the City
of Chula Vista.
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APPLr~ved as t~ fo
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/1'/
Bruce M. Booga~rd
City Attorney \
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Presented by
hn P. Lippitt
irector of Public Works
y--113-'17
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Resolution No. 17279
Page 2
PASSED, APPROVED and ADOPTED by the City Couneil of the City of Chula
Vista, California, this 19th day of October, 1993, by the following vote:
YES: Councilmembers: Fox, Horton, Moore, Rindone
NOES: Counei 1 members: None
ABSENT: Councilmembers: Nader
ABSTAIN: Councilmembers: None
::Jerry
ayor,
ATTEST:
lerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 17279 was duly passed, approved,
and adopted by the City Council held on the 19th day of October, 1993.
Executed this 19th day of October, 1993.
7.
City Clerk
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Minutes
I'\(tober 19, 1993
le 6
. Don Wallace, 512 Tamarack Court, Chula Vista, CA, representing Chula Vista Taxi, stated he was
pleased to see the staff recommendation but requested time to review the document and respond in writing.
He had received the document only one hour before the meeting and felt there were some things he had
difficulty with, not a great deal.
Councilmember Moore felt staff had worked with the owners for months. If Council trailed the item, and
Mr. Wallace met with staff and decisions could be reached, he would be willing to consider it. He had no
desire to continue the item. He questioned if there were other taxi owners present that had not been
contacted by staff (there was no response from the audience). It was time to solve the problem.
Mayor Pro Tem Rindone questioned what meetings had been held with the companies.
.
Gerald Young, Administrative Analyst I, responded that the last formal meeting had been in January. When
the proposal was formalized, staff contacted all of the cab companies to let them know the staff report was
available and to discuss the recommendations with them. Staff was able to contact all but two of the
companies and Chula Vista Taxi was not one of those companies.
. Clint Harless, 288 Broadway, Chula Vista, CA, representing Clint & Conchita Taxi, stated his original
concern was that the annual inspections would only be held at MTDB. He had been informed by staff that
the inspections would be somewhere close and (onvenient. He was in full agreement that there needed to
be inspections.
~ouncilmember Moore questioned what the rational was for increasing the fare rate since the increase in
Ists was less than MTDB. He also questioned if the anticipated $55 range for inspection included staff
overhead.
Chief Emerson responded that the fare rates had not been adjusted for fourteen or fifteen years. Staff felt
it should come into compliance. Staff took the City's administrative overhead into consideration when
recommending the fee.
ORDINANCE 2574 PlACED ON FIRST READING AND RESOUTnON 17271 OFFERED BY MAYOR PRO TEM
RJNDONE, reading of the tat was waived, passed and approved 4..().1 with Nader absenL
13.A. RESOLUTION 17278 AMENDING CERTAIN CONDmONS OF RESOUTnON NUMBER 16960
APPROVING TIm TENTATIVE SUBDMSlON MAP FOR TRACT 93-03, m.EGRAPH CANYON FSTATES - On
1/19/93, Council approved the Tentative Subdivision Map for Chula Vista Tract 93-03, Telegraph Canyon
Estates. The first three final maps for said tentative map are now before Council for approval. Staff
recommends approval of the resolutions. (Director of Public Works)
B. RESOLUTION 17279 APPROVING A SUPPLEMENTAL SUBDMSlON JMPROVEMfNT AGREEMFNf
REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNPULPILLED CONDmONS OF RESOUTnON
NUMBER 16960 APPROVING A TENTATIVE SUBDMSlON MAP FOR TELEGRAPH CANYON FSTATES, AND
AtJIliORlZlNG TIm MAYOR TO EXEarrE SAME
C. RESOLUTION 17280 APPROVING PINAL MAP OF TRACT 93-03, TELEGRAPHCANYONFSTATES
NEIGHBORHOOD 1 UNIT I, ACCEPTING ON BEHALF OF TIm PUBUC TIm PUBUC STREETS DEDICATED
ON SAID MAP, ACCEPTING ON BEHALF OF TIm CITY TIm OPEN SPACE LOTS GRANTED ON SAID MAP
AND TIm EASEMEm'S GRANTED ON SAID MAP wmiIN SAID SUBDMSION, AND APPROVING
~DMSlON IMPROVEMFNr AGREEMEm' FOR TIm COMPIEnON OF IMPROVEMENTS REQUIRED BY
iAID SUBDIVISION, AND AtJIliORlZlNG TIm MAYOR TO EXEarrE SAID AGREEMENT
D. RESOLUTION 17281 APPROVlNGPlNALMAPOPTRACT93-03, m.EGRAPHCANYONFSTATES
NEIGHBORHOOD 2 UNIT I, ACCEPTING ON BEHALF OF TIm PUBIJC TIm PUBIJC STREETS DEDICATED
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Minutes
October 19, 1993
Page 7
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ON SAID MAP, ACCEPTING ON BEHALF OF nm OTY nm OPEN SPACE LOTS GRANTlID ON SAID MAP
AND nm EASEMEm"S GRANTlID ON SAID MAP WJniIN SAID SUBDMSlON. AND APPROVING
SUBDMSlON IMPROVEMENT AGREEMENT FOR nm COMPI.E110N OF IMPROVEMENI'S REQUIRED BY
SAID SUBDMSlON. AND AtmiORlZlNG nm MAYOR TO EXEClTI'E SAID AGREEMENT
E. RESOLUTION 17282 APPROVING FINAL MAP OFTRACT~, TElEGRAPH CANYON ESTATES
NEIGHBORHOOD 3 UNIT 1, ACCEPTING ON BEHALF OF nm PUBUC nm PUBUC smEETS DEDICATED
ON SAID MAP, ACCEPTING ON BEHALF OF nm OTY nm EASEMEm"S GRAN11ID ON SAID MAP wm-DN
SAID SUBDMSlON,AND APPROVING SUBDMSIONIMPROVEMENT AGREEMENT FOR nm COMPI.E110N
OF IMPROVEMENI'S REQUIRED BY SAID SUBDMSlON, AND AtmiORlZlNG nm MAYOR TO EXEClTI'E
SAID AGREEMENT
F. RESOLUTION 17283 APPROVING nm 1NI11A110N OF PROCEEDINGS FOR OPEN SPACE
DISTRICT NUMBER 31 (l'F.LEGRAPH CANYON ESTATES)
Councilmember Horton requested the item be continued until the City Attorney arrived.
Clifford Swanson, Deputy Director of Public Works/City Engineer, informed Council that the approval of the
subdivisions would not affect the closing of Gotham and Creek Wood Drive, or the area of grading.
.
City Attorney Boogaard stated Resolution B proposed to change the Supplemental Subdivision Improvement
Agreement which had been handed out at the meeting. The agreement put the non-infrastructure type of
duties of the developer in the Subdivision Improvement Agreement. The non-improvement duties were
moved to the Supplemental Subdivision Improvement Agreement and obligated the developer to perform all
the conditions of the Tentative Map that had not been performed as to todays date. The developer asked
for the following three changes which he concurred in: 1) with regard to a wet land easement: they would
do it prior to Council's approval of the next Subdivision Map; 2) Condition 62, required the developer to
reach agreement on affordable housing before Council's approval of the Final Subdivision Map; and 3)
community purpose facility site, it would be the developers duty to provide the City with an adequately
planned and zoned alternate site acceptable to the City prior to Council's approval of the next Subdivision
Map.
Mayor Pro Tem Rindone questioned what the advantage would be if Condition 62 was tied to the fourth map
instead of the fifth.
City Attorney Boogaard stated it had been anticipated that affordable housing would be placed on the' Otay
Ranch but, it had not yet annexed. After approval of the next map there would still be approximately 210
more units to secure 34 units of affordable housing. If the developer did not go along with the Affordable
Housing Agreement in a manner acceptable to Council, Council would not have to approve the fifth or
lubsequent maps.
Councilmember Fox questioned if there was a lecurity provision for affordable housing other than in the
agreement.
City Attorney Boogaard responded that when the City actually had the Affordable Housing Agreement staff
envisioned instruments such as liens against property. He had reserved full discretion for the Council to
accept it and if Council was not happy with it, it would not happen.
Councilmember Fox questioned whether the provision for an approximate lite for a community purpose
facility had changed.
.
Tim O'Grady, representing Baldwin Company, stated the CPF lite had been moved away or off-site at Itaff
and Council direction. It had always been alsumed it would be provided in Phase I, or ViJlage I, of the Cta'
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Minutes
October 19, 1993
.ge 8
Ranch. Therefore, they had put language into the GDP document that obligated the developer to that
condition.
RESOUTnONS 17278, 17279, 17280, 1ns1, 17282, AND 1n83 OFFERED BY COUNCLMEMBER MOORE,
reading of the tat was waived, passed and approved 4-0-1 with Nader absenL
14. REPORT RECONSIDERATION OF EXlENDING GOTIiAM S11tEET TO SERVE 1HE
mEGRAPH CANYON EX'J"ENSION - As recently reported to Council, residents of the Gotham Street area
have raised serious objections to the extension of Gotham Street to serve the Telegraph Canyon Estates
Subdivision. They feel that the extension will increase traffic and reduce safety in their neighborhood. On
10/5/93, staff and a representative of the Baldwin Company, developers of Telegraph Canyon Estates, met
with 45 residents from the Gotham Street area to discuss their concerns. At that meeting, a petition
containing approximately 200 signatures was submitted. Staff recommends Council accept the report.
(Director of Planning)
Robert Leiter, Director of Planning, informed Council staff had meet on 10/5/93 with Baldwin and 45
residents of the College Estates area to address their concerns. At that time the residents presented a
petition with 200 signatures opposed to the extension of Gotham Street. The applicant had indicated a
willingness to cooperate in considering options to solve the neighborhood concerns. Any action to modify
or close one or more of the street openings would require a subsequent noticed public hearing. Staff
recommended Council schedule a public hearing on 11/16/93 to consider closing one or both of the streets
providing secondary access to Telegraph Canyon Estates and/or measures to reduce the speed on Gotham
treet with legal noticing to be provided to the property owners and residents within College Estates,
C:astLake Shores, and the Otay L"dge Mobilehome Park.
Clifford Swanson, Deputy Public Works Director/Ciry Engineer, stated if Gotham Street was closed there
would be no additional traffic and staff did not feel there was a speed problem. In looking at possible
designs, staff did consider things that would include such items as a fence with a gate so the fire department
could gain access. The roadway would be put in under that circumstance but a future Council would face
the same opposition at opening that up.
Councilmember Moore stated if he lived there he would have the same concerns. If Gotham was punched
through, which was a logical extension of a City street, what would the repercussions be. If there were
repercussions, what would need to be done to solve them. If he was going to vote for a change it needed
to be a win/win situation.
. Tim O'Grady representing the Baldwin Company stated they felt all neighborhoods benefited if the
streets were put through and the circulation element was better. However, they did not want to take a
position and would work with staff on whatever decision was made.
Those speaking against the extension of Gotham Street due decrease in property values, increased traffic,
increased noise, increased air pollution. loss of quality of life and security, use of Gotham Street as a short
cut for the EastLake area, and safety concerns regarding additional traffic. Speakers felt the initial noticing
was nebulous to specific routes and the extension of Gotham Street.
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Edward R. Bancroft, 1976 Gotham Street, Chula Vista, CA
Dr. R. E. Lacey-Parks, 1961 Gotham Street, Chula Vista, CA, read a letter from Mr. 8< Mrs. Ken Smith
at 1638 Gotham Street
Douglas Parker, 1960 Gotham Street, Chula Vista, CA
Gene Marcinkowski. 1975 Kent, Chula Vista. CA
Jon Thornburg, 1901 Gotham Street, Chula Vista. CA
Tom Liebst, 1979 Kent Street, Chula Vista, CA, passed when called
Colleen Cotton, 1984 Gotham Street, Chula Vista, CA
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October 19, 1993
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. Gary Flannagan, 1944 Gotham Street, Chula Vista, CA
. John Hunt, 1972 Gotham Street, Chula Vista, CA
. Robert McCauly, 1987 Bucknell Street, Chula Vista, CA
. Peter D. Springer, 1667 Gotham Street, Chula Vista, CA
. Robin Leon, 1923 Gotham Street, Chula Vista, CA
. Colin Lockyer, 1965 Gotham Street, Chula Vista, CA
. Jeanne Wheeler, 2005 Gotham Street, Chula Vista, CA
. Sharon Vanderflague, 835 Stanford Court, Chula Vista, CA
Councilmember Fox questioned if the hill Mr. Tornburg felt provided a hazard for traffic was from Stanford
to Rutgers on Gotham. He felt the concern should be referred to staff.
Councilmember Moore questioned if the streets in Telegraph Estates were public or private.
Mr. Swanson responded they were public streets. The subdivider had proposed private but, staff had
recommended public due to problems with private streets. The main entrance in the original plan had a
gate.
Mr. Griffln stated when they proposed the private street system they showed the same connections but, had
a gate at one location. When a street was designed to end permanently it was a cul.de-sac so circulation
could get back out.
.
Councilmember Moore stated if there was a public hearing there would also be another group from Creek
Wood appearing. He felt it would be helpful if the residents would work with staff and Council and appoint
up to flve speakers that could address the concerns.
MS (Moore/Horton) to set a public hearing for November 16, 1993 regarding potential closures of CreeIi.
Wood and Gotham streets.
Friencl1y Amendment: (Fox) to have staff provide alternatives for emergency access in the event Gotham and
Creek Wood were permanently closed. Agreed to by the Maker and Second of the motion.
Councilmember Moore requested that an actual trial of frre engine response times from Gotham and Otay,
EastLake, and from east "H" Street be included in the report.
VOTE ON MOTION AS AMENDED: approved +Go1 with Nader absent.
******
Council recessed at 8:08 p.m. and reconvened at 8:20 p.m.
......
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15. REPORT UPDATE ON SOIJD WASTE ISSUES AND REQUEST FOR PROPOSAL (RFP)
PROCESS FOR ALTERNATIVE WASTE MANAGEMENT AND DISPOSAL OPTIONS - AI the 9/21/93 meeting,
Council directed staff to proceed with an RFP for the procurement of solid waste management and disposal
options by determining and recommending appropriate consultant services and identifying funding sources.
Staff had reported on six informal letter proposals from qualif1ed consultant firms. Staff has conducted
interviews with all six firms and proceeded with an evaluation and selection process which has resulted in
the recommendations contained in the report, including a revised scope of services for a Request for
Qualif1cations (RFQ) instead of an RFP. Staff recommends Council approve Resolutiqn B and direct staff
to: a) continue to monitor results of the North County JPA proposals and any interest by neighboring cities
to join in a subsequent process to establish alternatives; and b) return by 12121/93 with results of the RFQ
process and recommendations for continued development of alternatives. (Administration)
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ClRlLA VISTA TRACT NO. 93-03
TELEGRAPH CANYON ESTATES
PHASE III
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NEIGHBORHOOD 1 j.~S
UNIT NO. 3 y~
IlEIGH.ORHOD 1 .J
UNIT NO. 1 O~.,)
MAP NO. 1.0..
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THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT
Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require
discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information
must be disclosed:
I. List the names of all persons having a fmancial interest in the contract, i.e., contractor, subcontractor, material supplier.
Baldwin Builders. a California
COl:POrati on
2. If any person identified pursuant to (I) above is a corporation or partnership, list the names of all individuals owning more
than 10"10 of the shares in the corporation or owning any partnership interest in the partnership.
James P Baldwin
Alfred E Baldwin
3. If any person identified pursuant to (I) above is non-profit organization or a trust, list the names of any person serving as
director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
N/A
4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions,
Committees and Council within the past twelve months? Yes_ No ...x. If yes, please indicate person(s)
5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you
have assigned to represent you before the City in this matter.
Dave Hammer
Hunsaker and Associates
Jack Hill
Dexter Wilson
Wilson Eniineerin~
6. Have you and/or your officers or agents, in the aggregate, contributed more than 51,000 to a CounciImember in the current
or preceding election period? Yes_ No ..1L If yes, state which CounciImember(s):
fmgn is defmed as: "Any individual, firm, co-partnership, joint venture, association, social club, fratemal organization,
corporation, estate, /nLSt, receiver, syndicate, this and any other county, city and country, city, municipality, district or other political
subdivision, or any other group or combination acting as a unit. ..
)TE): Attach additional pages as necessary)
Date: Al)~",~ \Q, ,QQ4
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/ J ./ 5~ Signature of lapplicant
\\MC>\'\\Y 3 O'/.,'E'A\)'i
Print or type name of contractor/applicant
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RECORDING REQUESTED BY:
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Above
,Exltu:bl"-t F
city Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula vista, CA 91910
No transfer tax is due as this is a.
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
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Devel~r
Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
Telegraph Canyon
(Conditions 3, 4, 30, 31, 32, 33, 34,
35, 36, 50, 60, 61, 62, 68, 71 and 73)
This Supplemental \~~divisio~mprovement Agreement
("Agreement") is made this - day of .\;t,-_ , 1993, by and
between THE CITY OF CaULA VISTA, California ("City" or "Grantee"
for recording purposes only) and otay Vista Associates, a
California limited partnership ("Developer" or "Grantor"), with
reference to the facts set forth below, which recitals constitute
a part of this Agreement:
RECITALS
A. This Aqreement concerns and affects certain real property
located in Chula Vista, California, more particularly described on
Exhibit "A" attached hereto and incorporated berein ("Property").
The Property is part of a project commonly known as Telegraph
Canyon Estates ("Project").
B. Developer is the owner of the Property.
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C. Developer has applied for and the city has approved a
Tentative Subdivision Map commonly referred to as Telegraph Canyon
Estates, Chula vista Tract 93-03 ("Tentative Subdivision Map") for
the subdivision of the Property.
D. The City has adopted Resolution No. 16960 ("Resolution")
pursuant to which it has approved the Tentative Subdivision Map
subject to certain conditions as more particularly described in the
Resolution. The description of the conditions in this recital
section of this Agreement is intended only to sUlllJllarize and
paraphrase such conditions in the Resolution, and is not intended
herein to modify or explain them, and is not intended as a basis
for interpreting them.
E. Condition Nos. 3 and 60 of the Resolution requires
Developer to perform certain mi tigation measures to the
satisfaction of the Director of Planning, and to cause
implementation of mitigation measures to be monitored via the
approved Mitigation Monitoring Program.
F. Condition No. 4 of the Resolution requires Developer to
either (a) comply with, remain in compliance with, and implement,
the terms, condi tions and provisions of the Telegraph Canyon
Estates General Development Plan, Sectional Planning Area Plan,
Master Plan of Reclaimed Water, Water Conservation Plan, Air
Quality Improvement Plan and the Public Facilities Financing Plan
approved by the Chula Vista city Council (collectively, the
"Telegraph Canyon Plans") which are applicable to the Property
prior to approval of any final subdivision map ("Final Map"), or
(b) enter into an agreement with the city, providing the City with
such security (including recordation of covenants running with the
land) and implementation procedures as the City may require,
a.suring that, after approval of all Final Maps, Developer shall
continue to comply with, remain in compliance with, and implement
such Telegraph canyon Estates Plans.
G. Condition No. 14 of the Resolution require. the Developer
to install transit amenities on both sides of Otay Lake. Road at
the project entry or appropriate alternative location as approved
by the City Enqineer. Transit amenitie. include but are not
limited to benches and/or shelters and are subject to approval by
the City Enqineer. Developer was required to pay $5,000 cash
deposit to the City prior to the approval of the first Final Map to
fund transit amenitie. when required, receipt of which bas
occurred.
H. Condition No. 27 of the Re.olution, which was subsequent-
ly amended by Resolution No. 17278, required that, prior the
recording of the final map, the Developer was to enter into an
agreement with city to commit to u.e of reclaimed. water at the
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earliest possible date and to make all reclaimed water use conform
to the applicable regulations of Chu1a Vista, Regional Water
Quality control Board and the state Department of Health.
I. [Condition No. 30] City has adopted city-wide growth
management "thresholds", as established by city Resolution No.
13346 ("Thresholds"). These Thresholds establish performance and
"quality of life" standards for a variety of services and impacts
which must be in existence or satisfied by the Project as a
condition to the city permitting the Project to be built. In
addition to the Thresholds, and as a mechanism to insure compliance
therewith, the City has adopted the Eastern Chu1a Vista
Transportation Phasing Plan ("phasing Plan"). The Phasing Plan
provides that certain transportation facilities must be in
existence or provided by the Project as a condition to the City
permitting the Project to be built. The Thresholds and the Phasing
Plan establish standards and levels of service for various
identified public facilities and these standards and levels of
service are enforced through the withholding of building permits
when the public facility or resource drops below a specified
threshold. Condition No. 30 requires Developer to agree to comply
with the Thresholds and standards created by city Resolution
No. 13346 and the Phasing Plan.
J. Condition No. 31 of the Resolution requires Developer and
city to comply with the requirements of the Eastern Chu1a vista
Transportation Phasing Plan and Transportation Development Impact
Fee Program.
Jt. Condition No. 32 of the Resolution requires Developer and
city to enter into an agreement with the city wherein Developer
shall agree to not protest the formation of (i) a maintenance
district for the maintenance of landscaped medians and scenic
corridors along certain streets within and adjacent to the Project;
and (ii) an assessment district for the maintenance of Telegraph
Canyon Flood control Channel.
L. Condition No. 33 of the Resolution requires the Developer
and City to enter into an agreement wherein Developer agrees to not
protest the formation of and inclusion in a community Facility
District to finance construction of state Route 125.
M. Condition No. 34 of the Resolution requires the Developer
to enter into an agreement to indemnify and hold harmless the city
from any claims, actions or proceedings against the city to attach,
set aside, void or annul any approval by the city with regard to
the Telegraph canyon Estate subdivision.
N. Condition No. 35 of the Resolution requires the Developer
to enter into an agreemant to hold th_ City harmles. from any
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liability for erosion, siltation or increased flow of drainage
resulting from the Project.
o. Condition No. 36 of the Resolution requires the Developer
to enter into an agreement with the City relating to the provision
of franchise cable television services as more particularly set
forth in Condition No. 36. .
P. Condition No. 50 of the Resolution requires the Developer
to submit to the city annual building permit reports, traffic cost
analysis and fiscal impact analysis on the terms set forth in said
condition No. 50.
Q. Condition No. 61 of the Resolution requires the Developer
to dedicate and record an open space easement on a minimum of .9
acres wetlands associated with a larger wetlands area on the Otay
Ranch property in a location approved by the Director of Planning.
R. Condition No. 62 of the Resolution, which was subsequent-
ly amended by Resolution No. 17278 requires that prior to approval
of a final map by the City council, the Developer to execute an
affordable housing agreement in a form satisfactory to the City
providing for 34.4 affordable housing units on the area of the
Tentative Map covered by the Later Final Maps, and in accordance
with Condition No. 6 of the Telegraph Canyon Estates GDP and SPA
Plan (Resolution No. 16768) prior to the recordation of any Later
Final Maps for the project.
S. Condition No. 68 of the Resolution, which was subsequent-
ly amended by Resolution No. 17278 requires Developer to enter into
an agreement with the city prior to the recordation of the fourth
Final Map (as defined in the amending Resolution) providing that
Developer will cause, consent to, permit, apply for, and not oppose
the planning or replanning and zoning or rezoning of an off-site
parceles) as a Community Purpose Facilities site. Said off-site
parcel es) shall be satisfactory to the City and of the same
approximate size as that which may have been required on-site, and
must be owned by the Developer, be within the jurisdiction of the
City and otherwise be within the vicinity of the project and
subject to the satisfaction and approval of the Director of
Planning. otherwise, Developer is to submit a aevised SPA Plan and
Tentative Map which provides for said site within the subdivision.
T. There are certain other unperformed and unfulfilled
conditions of said Tentative Map, such as Condition Nos. 71 and 73.
U. City is willing, on the premises, security, terms and
conditions herein contained to approve the first three final maps
for which Developer has applied commonly known as Neighborhood 1,
Unit 1; Neighborhood 2, Unit 1; and Neighborhood 3, unit 1 (-First
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Three Final Maps") as being in substantial conformance with the
Tentative Subdivision Map for the territory of such First Three
Final Maps.
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as set forth
below.
1. agreement applicable to Sub.equent owner..
1.1 agreement BinlSing Upon .ucce..ors. This Agreement
shall be binding upon and inure to the benefit of the successors,
assigns and interests of the parties as to any or all of the
Property until released by the mutual consent of the parties.
1.2 agreement Run. with the LanlS. The burden of the
covenants contained in this Agreement ("Burden") is for the benefit
of the land owned by the City adjacent to the Property. The Burden
touches .and concerns the Property. It is the intent of the
parties, and the parties agree, that this covenant shall be binding
upon, and run with, the ownership of the land which it burdens.
The Burden of this Agreement shall be released from title, as to an
individual lot or unit within the Project upon the sale of any lot
improved with a residence. If requested by Developer, City shall
execute a quitclaim releasing the Burden of this Agreement from the
title to any such lots. If Developer assigns any portion of the
Property subject to the Burden of this Agreement, Developer shall
have the right to obtain a release of any of Developer'S
obligations under this Agreement provided Developer obtains the
prior written consent of the City to any such release. City shall
not withhold its consent to any such request for a release so long
as the assignee demonstrates, to the reasonable satisfaction of the
City, its ability to perform its obligations under this Agreement
as it relates to the portion of the Project which is being acquired
by the assignee.
2. ConlSition No. S anlS 60 - Xitigation Xeasure.. Developer
shall, at their sole cost and expense, implement all mitigation
measures required by Resolution No. 16960, and in particular,
Section IX, B. and Section VII, Condition No. 60, to the
satisfaction of the City and shall implement or cause to be
implemented, at their sole cost and expense, the Mitigation and
Monitoring Program required by Resolution No. 16960, Section IX. D.
3. ConlSi tion 110. 4 - compliance W1t:h Plans. In satisfaction
of Condition No. 4 of the Resolution, Developer hereby certifies
that Developer is currently in compliance with and agrees to
<a) remain in compliance with, and implement, the terms, conditions
and provisions of the Telegraph Canyon Estates Plans prior to
approval of any Final Map, or (b) agrees to provide the City with
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such security (including recordation of covenants running with the
land) and implementation procedures as the City may require,
assuring that, after approval of Final Maps, Developer shall
continue to comply with, remain in compliance with, and implement
such Telegraph Canyon Plans. Developer shall have satisfied its
obligations to comply with the Telegraph Canyon Plans so long as
Developer remains in substantial compliance with the action plan
for implementation of the Telegraph Canyon Plans set forth on
schedule 3 attached hereto and incorporated herein.
.. Con4ition No. 14 __ ~ransit amenities. Developer shall
install such transit amenities on both sides of otay Lakes Road at
the project entry or appropriate alternative location a. approved
by the city Engineer. Transit amenities, as the term is used
herein, shall include, but shall not be limited to, benches and/or
shelters and are subject to approval by the city Engineer. City
acknowledges receipt from the Developer of $5,000 as a cash deposit
to secure Developer's promises in this regard.
5. con4ition No. 27 -- lleclaime4 W.ter Vse. Developer
hereby agrees to install reclaimed water piping in such locations
as City shall require, and at such times as City shall require same
during the construction of the infrastructure for the Property.
Developer further agrees that it and its successors in interest
shall use reclaimed water at the earliest possible date same is
reasonably available at .uch price as City shall determine is
reasonable, which shall at a minimum be understood to mean at least
the price of potable water. Developer shall otherwise be comply
with applicable regulations of Chula Vista, Regional Water Quality
control Board and the State Department of Health as to the purchase
and use of reclaimed water.
6. Con4ition No. 30 - Bui14ing permits Not to Issue While
~hre.ho14. Deficient. In satisfaction of condition No. 30,
Developer agrees as follows:
6.1 Developer hereby grants to the city the right to
withhold building permits for any dwelling units on the Property at
such time as anyone of the following occur:
6.1.1 ~affic volumes, levels of service, public
utilities and/or services exceed the standards for those adopted
city Thresholds identified on Schedule 1 attached bereto and
incorporated herein; or,
6.1.2 Regional development tbreshold limits
identified on East Chula Vista ~ansportation phasing Plan,
Schedule 2, attached bereto and incorporated berein.
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7. Condition No. 31 - Complianc. with East.rn Chula vista
~ran.portation Pha.ing Plan and ~ransportation D.v.lopment Impact
F.. Program. In satisfaction of Condition No. 31, Developer agrees
that it shall comply with the requirements of the revised Eastern
Chula Vista Transportation Phasing Plan and Transportation
Development Impact Fee Program or as said documents may be revised
based on the conclusions of the H.N.T.B. state Route 125 financing
study.
8. Condition No. 32 - No prot.st of Maint.nanc. Di.trict or
A.....m.nt District. In satisfaction of Condition No. 32 of the
Resolution, Developer and their heirs, assigns, transferees, and
other successors-in-interest, hereby agrees to not protest the
formation of a maintenance district for the maintenance of medians
and scenic corridors along streets within and adjacent to the
Property and to not protest the formation of and inclusion of the
Property in an assessment district for the maintenance of Telegraph
Canyon Flood control Channel. This agreement to not protest the
inclusion of these public improvements shall not be deemed a waiver
of the right to challenge the amount of any assessment which may be
imposed due to the addition of these new improvements and shall not
interfere with the right of any person to vote in a secret ballot
election.
.
9. Condition No. 33 - No prot.st of Formation of community
Facility District. In satisfaction of Condition No. 33 of the
Resolution, Developer hereby agrees to not protest the formation of
and inclusion of the Property in a community facility district to
finance construction of state Route 125. This agreement to not
protest the inclusion of these public improvements shall not be
deemed a waiver of the right to challenge the amount of any
assessment which may be imposed due to the addition of these new
improvements and shall not interfere with the right of any person
to vote in a secret ballot election.
10. Condition No. 35 - Subdivision .ap Ind.lIlJ1ity. In
satisfaction.of Condition No. 35 of the Resolution, the Developer
agrees that, on the condition that City shall promptly notify the
Developer of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense, the
Developer shall defend, indemnify, and hold harmless the City, and
its agents, officers and employees, from any claim, action or
proceeding against the city, or its agents, officers or employees,
to attack, set aside, void or annul any approval by the City,
including approvals by its planning Commis.ion, City Council, or
any approval by its agent., officers, or employees with regard to
this Project.
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11. Condition 110. '6 - C.bl. T.l.vi.ion ....m.nt.. In
.atisfaction of Condition No. 36 of the Resolution, the Developer
.grees to permit all cable television companies franchised by the
city of Chula vista equal opportunity to place conduit to and
provide cable television service for each lot or unit within the
Project. Developer further agrees to grant, by license or
easement, and for the benefit of, and to be enforc.able by, the
city of Chula Vista, conditional access to cable television conduit
within the properties situated within the Project only to those
cable television companies franchised by the City of Chula Vista
the condition of such qrant being that <a) such acc.ss is
coordinated with Developer'S construction schedule so that it does
not delay or impede Developer'S construction schedule and does not
r.quire the trenches to be reopened to accommodate the placement of
such conduits; and (b) any such cable company is and r.mains in
compliance with, and promises to remain in compliance with, the
terms and conditions of the franchise and with all other rules,
r.gulations, ordinances and procedures regulating and affecting the
operation of cable television companies as same may have been, or
may from time to time be, issued by the city of Chula Vista.
Developer hereby conveys to the City of Chula Vista the authority
to enforce said covenant by such remedies as the City determines
appropriate, including revocation of said grant upon a
determination by the City of Chula Vista that they have violated
the conditions of the grant.
12. condition 110. 50 - Submis.ion of annu.l Building p.rmit
and oth.r R.port.. In satisfaction of Condition No. 50, Developer,
and their heirs, assigns, transferees and other successors-in-
interest shall submit to the city Director of Planning annual
building permit reports. The first of such r.ports shall be
submitted commencing as of February 1, 1994. subsequent r.ports
shall be delivered on an annual basis until the last building
permit in the Project has been issued.
13. Condition 110. '1 - ..tland. ....m.nt. Developer agrees
that it will. not apply for council approval of a fourth or later
final map to the Property, and City may withhold approval of same
notwithstanding all other conformance with the T.ntativ. Map, until
D.v.loper has d.dicat.d to the city, and same has be.n r.cord.d in
first priority position, a minimUlll of ., acr.. w.tlands associat.d
with a large wetlands ar.a on the otay Ranch property in a location
approv.d by the Dir.ctor of planning. .
14. ConUUon .0. 'I - affor4abl. .ousing aqre..nt.
Developer agr..s that, without permission of the city council, it
will not apply for council approval of a fifth or lat.r final map
to the Property until city and Dev.lop.r have r.ach.d an affordable
housing agr..ment in a form satisfactory to the city providing for
34.4 affordable housing units on the area of the T.ntative Map
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covered by the fourth or later final maps, and in accordance with
Condition No. 6 of the Telegraph Canyon Estates GDP and SPA Plan
(Resolution No. 16768).
15. Condition No. &. - loning for a Community Purpose
Facilities Site. Developer agrees that, if one or more parcels of
property satisfactory to the City and of the same approximate size
as that which may have been required on-site, owned by the
Developer within the juriSdiction of the city and otherwise be
within the vicinity of the Property has not been (re)plonned and
(re) zoned as a Community Purpose Facilities site at the time
Developer applies for Council approval of a fourth or other final
map for the Property, or if the parties have not reached a
satisfactory agreement for the planning and zoning of such a
parcel, City may withhold approval of same notwithstandinq any
other requirement, and Developer shall submit a Revised SPA Plan
and Tentative Map which provides for said site within the
subdivision. City agrees that proximal areas of the Western Parcel
of the otay Ranch Project may provide such an off site parcel if it
meets the other requirements of annexation and ownership by the
Developer at the time of zoning.
16. Compliance with UnfulfillelS ConlSitions. Developer aqrees
to comply with all the conditions of the Tentative Subdivision Map
which remain unperformed or unfulfilled at the time of the filing
of the Final Map, including the followinq conditions nos. 71 and 73
which read as follows:
Condition No. 71. Pay the followinq fees in
accordance with the City Code and Council
Policy:
a. The Transportation and Public Facilities
Development Impact Fees prior to the issuance of any
building permit;
b. Siqnal Participation Fees;
c. All applicable sewer fees, includinq, but
not limited to, sewer connection fees; and
d. The Teleqraph Canyon Sewer Basin fee.
Condition No. 73. Comply with Title 24 and
any other enerqy conservation ordinances and
policies in effect at the time construction
occurs on the property in conformance with the
Tentative Subdivision Map.
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17. .atisfaction of Con4itions. City agrees that the
execution of this Agreement constitutes satisfaction of
Developer's obligation of Conditions 3, 4, 14, 27, 30~ 31, 32, 33,
34, 35, 36, 38, 50, 61, 62, 68, 71 and 73 of the Resolution as it
applies to the territory of the First Three Final Maps for Chula
Vista Tract 93-03.
18. .ecor4iDg.
prepared by either or
of either party.
19. Xiscellaneous.
This Agreement, or an abstract hereof
both parties, may be recorded at the option
19.1 .otice.. Unless otherwise provided in this
Agreement or by law, any and all notices required or permitted by
this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served,
delivered, and received when personally delivered to the party to
whom it is directed, or in lieu thereof, when three (3) business
days have elapsed following deposit in the U.S. mail, certified or
registered mail, return receipt requested, first-class postage
prepaid, addressed to the address indicated in this Agreement. A
party may change such address for the purpose of this paragraph by
giving written notice of such change to the other party. Facsimile
transmission shall constitute personal delivery.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 92010
Attn: Director of Public Works
Developer:
otay Vista Associates
c/o The Baldwin Company
11975 EI Camino Real
San Diego, CA 92130
Attn: Project Manager of
Telegraph canyon Project
A party may change such address for the purpose of this paragraph
by giving written notice of such change to the other party in the
aanner provided in this paragraph. Facsimile transmission shall
constitute personal delivery.
19.2 captions. captions in this Agreement are inserted
for convenience of reference and do not define, describa or limit
the scope or intent of this Agreement or any of its terms.
e:\subdiv\tcesupp2.wp
.ovember 2, 1993
Supp. SIA for Telegraph
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canyon Estates
Page 10
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19.3 Entire Agreement. This Agreement contains the
entire agreement between the parties regarding the subject matter
hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other
agreement between the parties unless expressly noted.
19.4 Preparation of Agreement. No inference, assUlllption
or presumption shall be drawn from the fact that a party or his
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the
preparation and/or drafting this Agreement.
19.5 Recitals; Exhibits. Any recitals set forth above
are incorporated by reference into this Agreement.
19.6 Attorneys' Pees. In the event of any cHspute
arising out of this Agreement, the prevailing party in any action
shall be entitled to reasonable attorneys' fees in addition to any
other costs, damages, or remedies.
IN WITNESS WHEREOF, the parties hereto have caused
Agreement to be execute the day and year first bereinabov
forth.
By:
City of Chula Vista
-f1.
r
ader, Mayor
Attest:
Clerk
OTAY VISTA ASSOCIATES, a
California limited partnership
By:
Sky Vista, a California
corporation, General
Partner
ruce
:~~~~9~ ~
Title: "\r'~ ~~\\~..n-
Date:
By:
Name:
Title:
f
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e:\subdiv\tcesupp2.wp
November 2, 1993
~
Supp. SIA for Telegraph'Canyon Estates
Page 11
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~. . V 1......- - tat 1.011
...a......; _n 110.. ".he T:'..ansPo:'.vi.sed
~~ner costs, aamages, or remeales. . ._
IN WITNESS Wf~EOF , the parties
Agr.ement to be execute the
forth.
bereto lave caused this
day and year first be::;;nabo7" "set
CL. .ii. ~
By:
City of Chula Vista
L-PlJRPOSE ACKNOWLEDGMENT
tale of Califonlia )
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penonaJly bowza 10 IDe . OR . 0 proYecllo IDe CD !be buis of .'ilfactory evideDce 10
lJIe perIOD(s) wb_ll&JDe(s) is/are sublcribed 10 the wilbiD iAsrnameol 8114 acbow1ecllecl
De lballlelllle/!bey eaeculed the .me ill bis/her/!beir aulhorized capleil)'(iea), IlDd thaI
bislber/!beir IiJllaIUre(s) CD the wlrulDelll!be peFlOD(S), or !be e11lily IIpOIlllebaJf of
c:b !be elec:uled !be iDstrumenl.
WITNESS my bIlDd IlDd official -.J.
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THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
C01.1Nn' OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 17 SOUTH, RANGE 1 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED
APRIL 17, 1883.
EXCEPTING THEREFROM THAT PORTION LYING SOUTHEASTERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT THE. NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION
34, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVENMENT SURVEY APPROVED APRIL 17, 1883; THENCE SOUTH 00047'09" WEST
1071.74 FEET TO THE TRUE POINT OF BEGINNING, ALSO BEING A POINT OF A
NONTANGENT 2970.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL
LINE TO SAID POINT BEARS SOUTH 39049' 36" EAST; THENCE SOUTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01" 4 7' 21" A DISTANCE OF
92.74 FEET TO THE BEGINNING OF A REVERSE 5067.00 FOOT RADIUS CURVE;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 010
48'04" A DISTANCE OF 159.28 FEET; THENCE TANGENT TO SAID CURVE SOUTH
60047' 16" WEST 976.36 FEET TO THE: BEGINNING OF A TANGENT 5067.00 FOOT
RADIUS CURVE CONCAVE SOUTHtASTERLY; THENCE SOUTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 05011' 19" A DISTANCE OF 458.86 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 55035' 57" WEST 549.31 FEET TO THE
BEGINNING OF A TANGENT 1933.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24024 I
05" A DISTANCE OF 823.23 FEET TO A POINT ON THE WESTERl.Y BOUNDARY OF
SAID SOUTHWEST QUARTER DISTANT NORTH 00001'06" WEST 94.14 FEET nOM
THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER, ALSO BEING THE POINT
OF TERMINUS OF. SAID DESCRIBED LINE.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SOUTHWESTERN COLLEGE ESTATES,
UNIT NO. " ACCORDING TO THE MAP THEREOF NO. 7742, FILED IN THE
OFnCE OF THE RECORDER OF SAID SAN' DIEGO COUNTY: THENCE SOUTHERLY,
BEARING SOUTH 00000'52" EAST ALONG THE EASTERLY ~NE OF lAID MAP NO.
7742, AND THE WESTERLY ~NE OF SAID SECTION 34, A'DISTANCE OF 165.'8
FEET TO THE TRUE POINT OF BEGINNING: THENCE SOtJTH!:RLY BEARING SOUTH
00000'52" EAST ALONG THE EASTERLY ~NE OF lAID MAP NO. "42 AND THE
WESTERLY ~NE OF SAID SECTION 34, A DISTANCE OF 284.02 nET: THENCE
USTERLY BEARING NORTH "05"08" EAST ALONG A PAR.IlT.T.'J'I. LINE TO THE
U.ST-WEST CEHT~NE OF SAID SECTION 34, A DISTANCE OF 400.00 nET:
THENCE NORTHERLY BEARING NORTH 00000'52" WEST ALONG A PAR,u.T.n. ~NE
TO THE EASTERLY ~NE OF SAID MAP NO. 7742 AND THE WESTERLY LINE OF
SAID SECTION 34, A DISTANCE OF 282.74 FEET: THENCE WESTERLY BEARING
NORTH "049'54" WEST, A DISTANCE OF 400.00 FEET TO THE TRUE POINT OF
BEGINNING. ..J:.-t3 / J - ~ /
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SCBEDtJI.E -1-
Growth Hana",ea.nt ~.aholds
City council R..olution No. 13346 approved .l.ven public facilities
and ..rvic.. with r.lat.d thr..hold wtandarda and t.pleaentation
....ur.., which w.r. lut.d in a policy .tateaent dat.d Nov~r
17, 1987 and bav. .ub..quently be.n nfin.d baa.d on
r.co.mendation. frOlD the Growth JIana",eaent OVerai",ht ~i..ion
(GHOC) .
Th. .l.v.n er.:
'l'raffic
Police
Fire/EMs
Schools
Librari..
Park. and R.cr.ation
Water
I.wer
Draina",.
Air Quality
Fi.cal
Durin", the development of the Growth llana",eaent PrD9%'u bo n.w
faciliti.. w.r. added to the li.t of faciliti.. to be analyz.d:
Civic Faciliti..
Corporation Yard
~..hold .tandards are us.d to identify when DeW or upqraded
public faciliti.. are n..d.d to aiti",at. the t.pacta of n.w
dev.lopment. D.velopment approval. will not be ..de unl...
cOIDpliance with th... .tandards can be _to Th... threshold
.tandards have be.n pr.par.d to querante. that public faciliti.. or
infr..truc;tur. improv..enta will k..p pac. with i:h. deaanda of
growth.
SCBEDtJLE -1- -? P1
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SCHEDULE "2"
/
Transportation Phasing Plan Threshold Standards
1. City-wide: Maintain LOS "C" or better at all intersections, with the exception that
LOS "D" may occur at signalized intersections for a period not to exceed a total
of two hours per day. No intersection shall operate at LOS "E" or "F' as
measured for the average weekday peak hour.
2. West of Interstate of 805: Those signalized intersections which do not meet
Standard #1 above may continue to operate at their current (1987) LOS, but shall
not worsen.
Notes to Standards:
1. LOS measurements shall be for the average weekday peak hour, excluding
seasonal and special circumstances,
2. The measurement of LOS shall be the ICU (Intersection Capacity Utilization)
calculation utilizing the City published designs standards.
3. The measurement of LOS at intersections of City arterials and freeway ramps
shall be a growth management consideration in situations where proposed
developments have a significant impact at interchanges.
4. Circulation improvements' should be implemented prior to anticipated
deterioration of LOS below established standards.
SCHEDULE "2"
~ )37/
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SCHEDULE "3"
Action Plan for Implementation of Telegraph Canyon Plans
,
Water Conservation ~: Since the City water offsite policy is not yet in effect, the
recommendations as stated in the Water Conservation Plan, dated May 1992, as modified
November 18, 1992 will be implemented. Items such as ultra-low flush toilets, ultra-low
flow shower heads, faucet aerators, and a pressure reducing value will be provided for
each household. Additionally, a water conservation guide will be provided to each new
homeowner at the time they enter into a contract for the purchase of a home within the
Telegraph Canyon Estates project. A major portion of the open space/scenic conidor
will be planted with a non-irrigated hydroseed for water conservation purposes.
Additionally, the irrigation system has incorporated rain shut-off valves and the system
will be maintained in accordance with the water management plan submitted by Burton
and Associates.
Air Oualitv Improvement Plan: Dust control by way of moisture addition to the soil
during the grading operation will be implemented. In addition to the ensite dust control
measures, an offsite dust control program to keep onsite dirt from being carried or
tracked onto travel roadways will also be implemented by scheduling daily street
sweeping and washing at construction access points on internal paved roadways.
Erosion control measures will be implemented in accordance with the Erasion Control
Plans contained in the rough grading plans. Offsite traffic interference from construction
personnel commuting to the site and the movement of material on and off the site will
be minimized by restricting land closures to off-peak travel periods and scheduling truck
access such that 80% of the daily receipt of conaete and other building materials and
other truck arrival/departures occur between 9:00 am and 3:00 pm.
SCHEDULE "3"
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