HomeMy WebLinkAbout2007/12/18 Agenda Packet
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Cheryl Cox, Mayor
Rudy Ramirez, Councilmember David R, Garcia, City Manager
John McCann, Councilmember Ann Moore, City Attorney
Jerry R. Rindone, Council member Susan Bigelow, City Clerk
Steve Castaneda, Council member
December 18, 2007
6:00 P.M.
Council Chambers
City Hall
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
CONSENT CALENDAR
(Items 1 through 4)
The Council will enact the Consent Calendar staff recommendations by one motion,
without discussion, unless a Councilmember, a member of the public, or City staff
requests that an item be removed for discussion. If you wish to speak on one of these
items, please fill out a "Request to Speak" form (available in the lobby) and submit it to
the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be
discussed immediately following the Consent Calendar.
1. ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING THE SPEED
LIMIT ON BONITA ROAD BETWEEN BONITA GLEN DRIVE AND I-80S
SOUTHBOUND RAMPS AT 35 MPH (FIRST READING)
Based on provisions of the California Vehicle Code, pursuant to authority under the
Chula Vista Municipal Code, and at the direction of the City Engineer, Traffic
Engineering staff preformed an Engineering Speed Survey along Bonita Road between
Bonita Glen Drive and the I-80S Southbound Ramps, and determined the speed limit
should be set at 35 mph. (Engineering and General Services Director)
Staff recommendation: Council hold first reading of the ordinance.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "TRAFFIC
SIGNAL INSTALLATION AT THE INTERSECTION OF BRANDYWINE AVENUE
AND SEQUOIA STREET (TF-335)" PROJECT TO HMS CONSTRUCTION,
INCORPORATED IN THE AMOUNT OF $172,260 AND AUTHORIZING THE
EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT
On December 5, 2007, the City Engineer received four (4) sealed bids from electrical
contractors for the "Traffic Signal at Brandywine Avenue and Sequoia Street (TF-335)"
project. The work proposed by this project upgrades the intersection control from an all-
way stop to a six-phased fully actuated traffic signal system. (Engineering and General
Services Director)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
FINDING THAT THE UNEXPENDED FUNDS IN THE TRANSPORTATION
DEVELOPMENT IMPACT FEE FUND ARE STILL NEEDED TO PROVIDE FOR
CONSTRUCTION OF FACILITIES FOR WHICH THE FEES WERE COLLECTED
State Code requires local agencies assessing Development Impact Fees (DIF) and sewer
capacity charges to make available specified financial data to the public each fiscal year.
The reports that accompany this staff report satisfy the requirements and have been
available in the City Clerk's office for public review since November 30, 2007. The
Parkland Acquisition and Development (PAD) fees have also been included in the report.
Local agencies are required to make findings every five years for any DIF funds
remaining unexpended that identify the purpose of the fee and demonstrate a reasonable
relationship between the fee and the purpose for which it was charged. The City has
identified unexpended fees that were on deposit for five or more years and has elected to
make the required findings. (Finance Director/Treasurer, Budget and Analysis Director,
Engineering and General Services Director, and Redevelopment and Housing Director)
Staff recommendation: Council accept the report and adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, APPROVING
THE SECOND AMENDMENT TO A THREE-PARTY AGREEMENT WITH
ANTHONY J. LETTIERI, F AICP, CONSULTANT, AND MCMILLIN OT A Y RANCH,
LLC, APPLICANT, FOR CONSULTING SERVICES ON THE EASTERN URBAN
CENTER PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
CONTRACT AMENDMENT
The Eastern Urban Center is a large and complex project in the Otay Ranch, which
requires the attention of senior-level staff and uniquely qualified consultants. The
proposed contract amendment will take the project entitlement processing through
completion of the Environmental Impact Report and Sectional Planning Area Plan.
(Planning and Building Director)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda
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December 18, 2007
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any subject
matter within the Council's jurisdiction that is not listed as an item on the agenda. State
law generally prohibits the Council from taking action on any issue not included on the
agenda, but, if appropriate, the Council may schedule the topic for future discussion or
refer the matter to staff. Comments are limited to three minutes.
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law. If you
wish to speak on any item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
5. CONSIDERATION OF PRESENTATION OF 2006/2007 CONSOLIDATED ANNUAL
PERFORMANCE EVALUATION REPORT (CAPER) AND SOLICIT PUBLIC INPUT
ON THE FUNDING PRlORlTIES OF THE COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG), THE HOME INVESTMENT PARTNERSHIPS ACT PROGRAM
(HOME), AND THE EMERGENCY SHELTER GRANT (ESG)
The purpose of the public hearing is to meet the City's requirement to hold a minimum of
two public hearings to allow for adequate citizen participation in the allocation of federal
grant funds. This item also provides a year-end report on the City's grant administration
performance for the program year 2006/2007. This public hearing was continued from
the meeting of December 4, 2007. (Redevelopment Agency Executive Director)
Staff recommendation: Council conduct the public hearing.
6. CONSIDERATION OF APPLICATIONS BY IRE DEVELOPMENT FOR
INTRODUCTION OF COMMERCIAL RETAIL USES WITHIN THE EXISTING
EASTLAKE DESIGN DISTRlCT AND LAND USE DESIGNATION CHANGE FROM
LIGHT INDUSTRlAL TO COMMERCIAL RETAIL
The applicant is proposing to introduce commercial retail uses within the eXlstmg
Eastlake Design District in order to complement the existing furniture and home
decorating businesses presently in the District. The additional uses are intended to bring
more foot traffic to the District, improving its mercantile posture and potential for
success. The applicant is also proposing modifications to the property development
standards to accommodate up to five story buildings, special parking ratios and medical
office uses, including medical clinics. (Planning and Building Director)
Staff recommendation: Council conduct the public hearing, adopt the following
resolution and place the ordinance on first reading:
Page 3 - Council Agenda
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December 18, 2007
A. RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF CHULA VISTA
ADOPTING THE MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING AND REPORTING PROGRAM IS-07-015;
APPROVING AMENDMENTS TO THE CITY'S GENERAL PLAN, THE
EASTLAKE II GENERAL DEVELOPMENT PLAN, THE EASTLAKE
BUSINESS CENTER II SUPPLEMENTAL SECTIONAL PLANNING AREA
PLAN, PUBLIC FACILITIES FINANCING PLAN AND ASSOCIATED
REGULATORY DOCUMENTS FOR 44 ACRES AT THE NORTHEAST,
NORTHWEST AND SOUTHWEST CORNERS OF FENTON STREET AND
SHOWROOM PLACE WITHIN THE EASTLAKE BUSINESS CENTER
B. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTS TO THE EASTLAKE II PLANNED COMMUNITY
DISTRICT REGULATIONS AND LAND USE DISTRICT MAP (FIRST
READING)
7. CONSIDERATION OF ZONE CHANGE AND CONDITIONAL USE PERMIT FOR A
10-ACRE PROJECT SITE FROM PLANNED COMMUNITY TO PUBLIC QUASI-
PUBLIC IN ADVANCE OF A SECTIONAL PLANNING AREA PLAN THAT IS TO
BE DEVELOPED FOR THE PROPOSED UNIVERSITY SURROUNDING THE
PROJECT SITE
High Tech High Learning proposes a 550-student High School and a 700-student
ElementarylMiddle School including an Environmental Learning Center on a lO-acre
portion of the University Park project site, located at the southeast corner of Hunte
Parkway and Discovery Falls Drive. The project requires a rezone of the 10-acre project
site from Planned Community (PC) to Public Quasi-Public (PQ) to allow the use in
advance of a Sectional Planning Area (SPA) Plan that is to be developed for the proposed
University Park site surrounding the project site. (Planning and Building Director)
Staff recommendation: Council. conduct the public hearing, adopt the following
resolutions, and place the ordinance on first reading:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION MND
(IS-07-014) FOR THE HIGH TECH HIGH UNIVERSITY PARK PROJECT;
AND ADOPTING A MITIGATION MONITORING AND REPORTING
PROGRAM (MMRP) PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING
MAP ESTABLISHED BY 19.18.010 AND APPROVING A ZONE CHANGE
REZONING 10-ACRES OF LAND FROM PLANNED COMMUNITY (PC) TO
PUBLIC QUASI-PUBLIC (PQ), LOCATED AT THE SOUTHEAST CORNER
OF THE DISCOVERY FALLS DRIVE EXTENSION AND HUNTE
P ARKW A Y WITHIN OT A Y RANCH UNIVERSITY PLANNING AREA 10
Page 4 - Council Agenda
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December 18, 2007
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A CONDITIONAL USE PERMIT (PCC-07-024), TO HIGH
TECH HIGH LEARNING, LOCATED AT THE SOUTHEAST CORNER OF
THE DISCOVERY FALLS DRIVE EXTENSION AND HUNTE P ARKW A Y
ACTION ITEMS
The Items listed in this section of the agenda will be considered individually by the
Council, and are expected to elicit discussion and deliberation. If you wish to speak on
any item, please fill out a "Request to Speak" form (available in the lobby) and submit it
to the City Clerk prior to the meeting.
8. CONSIDERATION OF INCREASE TO SEWER SERVICE CHARGES
The sewer service charge is paid by all users who are connected to the City's wastewater
collection system. Revenues derived from this fee are used to fund the cost of
wastewater treatment, system maintenance and operation. A recent study has determined
that, over the long term, the adopted rate plan would not generate the projected revenues,
hence compromising the ability of the fund to meet its obligations for wastewater
treatment, system operation and maintenance. It is therefore necessary that the City take
the appropriate actions to adjust the rate schedule to avoid this potential fiscal impact.
(Engineering and General Services Director)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING THE CITY'S INTENTION TO INCREASE SEWER SERVICE
CHARGES AND SETTING A PUBLIC HEARING TO CONSIDER SAID
INCREASE FOR FEBRUARY 5, 2008 AT 4:00 P.M. TO CONSIDER ALL
PROTESTS AGAINST THE PROPOSED INCREASE TO THE SEWER
SERVICE CHARGES
9. CONSIDERATION OF AMENDMENT TO DESIGN BUILD AGREEMENT WITH
HIGHLAND PARTNERSHIP, INC. FOR THE CIVIC CENTER RENOVATION
PROJECT, AUTHORIZATION OF A LOAN FROM THE PARKS ACQUISITION
AND DEVELOPMENT FEE FUND, AND AMENDMENT TO THE CHULA VISTA
MUNICIPAL CODE AUTHORIZING THE CITY COUNCIL TO APPROVE
INTERFUND LOANS
City Council approved a master plan for the renovation of the Civic Center in July of
2001. A Design Build Agreement was approved on February 18, 2003 with Highland
Partnership, Inc., and on August 3, 2004, the City Council approved the Guaranteed
Maximum Price of the project. This action appropriates the funds to complete the third
and final phase of the project in accordance with those previous City Council actions.
(Engineering and General Services Director, Finance Director)
Staff recommendation: Council adopt the following resolutions, and hold first reading of
the ordinance:
Page 5 - Council Agenda
http://www.chulavistaca.oov
December 18, 2007
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SECOND AMENDMENT TO CIVIC CENTER DESIGN
BUILD AGREEMENT WITH HIGHLAND PARTNERSHIP, INC. FOR THE
CIVIC CENTER RENOVATION PROJECT TO INCREASE THE
GUARANTEED MAXIMUM PRICE FOR PHASE 3 OF THE PROJECT BY
$1,699,514 AND AUTHORIZING THE MAYOR TO SIGN THE SECOND
AMENDMENT
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION
3.50.170 OF THE MUNICIPAL CODE AUTHORIZING THE CITY COUNCIL
TO APPROVE LOANS FROM THE CITY TO THE PUBLIC FACILITIES
DEVELOPMENT IMPACT FEE FUND MID-YEAR (FIRST READING)
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING A LOAN IN THE AMOUNT OF $4,161,570 FROM THE
PARKS ACQUISITION AND DEVELOPMENT FEE FUND TO THE PUBLIC
FACILITIES DEVELOPMENT IMPACT FEE FUND AND APPROPRIATING
$1,161,570 OF THOSE LOAN PROCEEDS TO PHASE 3 OF THE CIVIC
CENTER RENOVATIONS PROJECT (CIP NO. GG-300) (4/5THS VOTE
REQUIRED)
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING INTEREST EARNINGS IN THE AMOUNT OF $474,635
FROM THE CIVIC CENTER PHASE 2 CERTIFICATES OF PARTICIPATION
TO PHASE 3 OF THE CIVIC CENTER (CIP NO. GG-300) AND
AUTHORIZING THE TRANSFER OF ANY REMAINING PROJECT FUNDS
FROM CIVIC CENTER RENOVATIONS PROJECT PHASE 1 (CIP NO. GG-
139) AND PHASE 2 (CIP NO. GG-200) TO PHASE 3 (CIP NO. GG-300)
(4/5THS VOTE REQUIRED)
OTHER BUSINESS
10. CITY MANAGER'S REPORTS
11. MAYOR'S REPORTS
Ratification of the appointment of Rodney Caudillo to the Safety Commission.
12. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by noon on
Wednesday following the Council Meeting at the City Attorney's office in accordance
with the Ralph M Brown Act (Government Code 54957.7).
Page 6 - Council Agenda
http://www.chulavistaca.gov
December 18, 2007
13. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54957.6
. City designated representatives: Management Team
. Employee organizations: CVEA, IAFF, POA, WCE, and Unrepresented Groups
14. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957
. Title: Interim City Clerk
15. PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957
. Title: City Clerk
16. CONFERENCE WITH NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6
. City Negotiator's: City Council and Director of Human Resources
. Title: City Clerk
Interim City Clerk
ADJOURNMENT to the next Regular Meeting of January 8, 2007 at 6:00 p.m. in the Council
Chambers.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service request such accommodation at
least forty-eight hours in advance for meetings and jive days for scheduled services and
activities. Please contact the City Clerk for specific information at (619) 691-5041 or
Telecommunications Devices for the Deaf (TDD) at (619) 585-5655. California Relay Service is
also available for the hearing impaired.
Page 7 - Council Agenda
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December 18, 2007
CITY COUNCIL
AGENDA STATEMENT
~\~ em OF
.~~CHULA VISTA
12/18/07, ItemL
SUBMITTED BY:
ORDINANCE ESTABLISHING THE SPEED LIMIT ON
BONITA ROAD BETWEEN BONITA GLEN DRNE AND I-80S
SOUTHBOUND RAMPS AT 35 l'v1PH ~
DIRECTOR OF EN G AND GENERAL SERVICES ~ tJ
CITY MANAGER ~)
ASSISTANT CITY AGER "'? r-
4/5THS VOTE: YES 0 NO [8J
ITEM TITLE:
REVIEWED BY:
BACKGROUND
Based on provisions of the California Vehicle Code, pursuant to authority under the Chula Vista
Municipal Code, and at the direction of the City Engineer, Traffic Engineering Staff performed
an Engineering Speed Survey along Bonita Road between Bonita Glen Drive and I-80S
Southbound Ramps after determining no such study had ever been completed for this segment of
road. Based on the results of this survey, the establishment of a 35mph speed limit is
recommended.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project qualifies
for a Class I categorical exemption pursuant to Section 153301 (c) (Existing Facilities) of the
State CEQA Guidelines because the streets are existing facilities. Thus, no further
environmental review is necessary.
RECOMMENDATION
Council adopt an ordinance establishing a 35mph speed limit on Bonita Road between Bonita
Glen Drive and I-80S Southbound Ramps.
BOARDS/COMMISSION RECOMMENDATION
The Safety Commission, at their meeting of September 13, 2007, voted 4-0 with three
Commissioners absent, to concur with staffs recommendation to establish the speed limit on
Bonita Road between Bonita Glen Drive and the I-80S Southbound Ramps at 35 mph.
DISCUSSION
In accordance with the California Vehicle Code, the posting of speed limits must be supported by
an Engineering and Traffic Survey which shall include: (I) prevailing speeds as determined by
1-1
12/18/07, ItemL
Page 2 of 3
traffic engineering measurements; (2) accident records; and (3) traffic/roadside conditions not
readily apparent to the driver. The Manual on Uniform Traffic Control Devices (2003 MUTCD~
states that speed limits should be established at the nearest (5mph) increment to the 85'
percentile speed (which is defined as that speed at or below which 85 percent of the traffic is
moving) unless engineering judgment recommends otherwise based on roadway characteristics.
Speed limits higher than the 85th percentile speed are not generally considered reasonable and
safe. Limits below the 85'h percentile do not facilitate the orderly movement of traffic. Speed
limits established on this basis conform to the consensus of those who drive the street as to what
speed is reasonable and safe, and are not dependent on the judgment of one or a few individuals.
Only when roadside development results in traffic conflicts or unusual conditions, which are not
readily apparent to drivers, speed limits may be posted below the 85'h percentile speed.
Physical Conditions:
The following table shows the existing conditions for Bonita Road:
Segment Limits Bonita Glen Drive to 1-805 SIB Ramps
Length/Width 0.11 mi. /82'-94'curb to curb
Classification Six Lane Prime
ADT (Year) 34,549 (2007)
Exist. Speed Limit Not posted
85'''% Speed 36 mph
Number of Lanes 2 lanes westbound and 3 lanes eastbound near the SB ramps
Striping 2 lanes & 3 lanes with a right turn pocket onto the SB ramp
On-Street Parking Not allowed.
Land Use Business
Horizontal Alignment Tangent
Vertical Alignment G 1 - +0.4% to G2 - +0.93%, grade break over centerline
Design speed (geometric): 70 mph
Accident Rate: Segment 1.68/2.16 (per million vehicle miles)
/ State
Businesses with direct driveway access. Adj acent to 1-805
Special Conditions southbound ramps and bike lanes and bus routes along both
directions
CONCLUSION
Following MUTCD guidelines, with an 85% speed of 36 mph, the speed limit should be posted
35 mph. This speed limit is further supported by the fact that speed limits on Bonita Road to
either side of this segment are 35 mph. Staff therefore recommends the establishment of a 35
mph speed limit based on the low accident rate, design speed, 85'h percentile speed as outlined in
the EngineeringlTraffic Survey, and roadway characteristics. Staff also recommends that
Schedule X ofthe register maintained in the office of the City Engineer be revised as follows:
1-2
12/18/07, ItemL
Page 3 00
10.48.020 Schedule X - Established Speed Limits in Certain Zones-- Designated
Name of Street Beginning At Ending At Speed Limit
Bonita Road Bonita Glen .. Drive I-80S Southbound 35 mph
Ramps
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property which is the subject of this action.
FISCAL IMPACT
The cost to install signs and pavement legends is approximately $400.00, which will be funded
through the Public Works operating budget.
ATTACHMENTS
1. Location Map
2. Engineering & Traffic Survey
Prepared by: Hasib Baha, Associate Civil Engineer, Engineering and General Services
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A 11 ACHMENT _
SPEED LIMIT - ENGINEERING/TRAFFIC SURVEY
p
STREET: Bonita Road
LIMITS: Bonita Glen Drive - 1-805 SIB Ramp
Length of Segment (ft): 603' (0.11 miles)
Existing Posted Limit (lnph): Not Posted
SUMMARY OF SPEED SURVEYS
Segment: Bonita Glen Drive - 1805 SIB Ramp
Date Taken: 6/7/2007
No. of Vehicles on Sample (cars): 100
85th Percentile (mph): 36
Range of Speeds Recorded (mph): 19 - 42
ROADWAY CHARACTERISTICS
Width (ft): 82'-94' curb to curb with a 4'-15' raised median
Total No. of Lanes: 5 total lanes (2 westbound and eastbound lanes; 3 eastbound lanes at the
1-805 southbound ramps)
Horizontal Alignment: Tangent
Vertical Alignment: Less then 2% grade change
TRAFFIC CHARACTERISTICS
Average Daily Traffic: 34,549 (2007)
On-Street Parking: Not allowed
Special Conditions: Solid businesses with direct driveway access. Adjacent to 1-805 southbound
ramps and bike lanes and bus routes along both directions.
Accident History: The accident rate at this segment is 1.68 (accidents per million vehicle
miles) which is lower than the rate of2.16 for similar roadways in the State
of California.
SURVEY RESULTS
Study was Prepared by: Erica Mancilla
Date: 7/2/2007
Recommendation: Retain 35mph speed limit due to the
85th percentile speed, roadway and
traffic characteristics.
Date Recommendation Approved: . '1 Ie:, iczoo 7
By: JlInNe on, P.E. d/It.--
Approved Speed Limit (mph): 35 mph (/
Per evc 40803, Survey Expires: 6/7/2014
1-5
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA
ESTABLISHING THE SPEED LIMIT ON BONITA ROAD
BETWEEN BONITA GLEN DRIVE AND I-80S
SOUTHBOUND RAMPS AT 35 MPH
WHEREAS, based on the provisions of the California Vehicle Code and pursuant to
authority under the Chula Vista Municipal Code, the City Engineer has determined that the speed
limit on Bonita Road between Bonita Glen Drive and I-80S Southbound ramps to be 35 mph;
and
WHEREAS, the prevailing speeds, accident history, roadway design characteristics and
land use justify a 35 mph posted speed limit; and
WHEREAS, the Engineering and Traffic Survey was prepared pursuant to all provisions
of the California Vehicle Code and the Manual on Uniform Traffic Control Devices; and
WHEREAS, the Safety Commission concurs with staffs recommendation to establish
the speed limit on Bonita Road between Bonita Glen Drive and I-80S Southbound ramps at
35 mph; and
WHEREAS, this recommendation and other information in the City Engineer's report has
been fully considered by the City Council.
NOW, THEREFORE, the City Council of the City of Chula Vista ordains as follows:
SECTION I: That the speed limit on Bonita Road between Bonita Glen Drive and I-80S
Southbound ramps is established at 35 mph.
SECTION II: That Schedule X of a Register of Schedules maintained by the City Engineer as
provided in Section 10.48.020 of the Chula Vista Municipal Code, "Established Speed Limits in
Certain Zones-Designated," is amended to include the following information:
Chula Vista Municipal Code Section 10.48.020 - Schedule X
Established Sneed Limits in Certain Zones
Name of Street Beginning At Ending At Speed Limit
Bonita Road Bonita Glen Drive I-80S Southbound 35 mph
Ramos
H:\Atlomey\Final Rcsos\2007\12 18 07\#1_0rdinancc_(Bonita Road) Speed Est.doc
1-6
Ordinance No.
Page 2
SECTION III: This ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
Presented by
Approved as to form by
Jack Griffin
Director of Engineering and General Services
H;\ENGINEERIOrdinances\Ord2007\12-18-07\Ordinancc_(Bonita Road) Speed Est.doc
1-7
CITY COUNCIL
AGENDA STATEMENT
~!'f:. ellY OF
'~CHUlA VISTA
12/18/07, Item~
ITEM TITLE:
RESOLUTION ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE "TRAFFIC SIGNAL INSTALLATION AT
THE INTERSECTION OF BRANDYWINE A VENUE AND
SEQUOIA STREET (TF-335)" PROJECT TO HMS
CONSTRUCTION, INCORPORATED IN THE AMOUNT OF
$172,260 AND AUTHORlZING THE EXPENDITURE OF ALL
AVAILABLE FUNDS IN THE PROJECT
DIRECTOR OF ENG~~RING AND GENERAL SERVICES ~..:f
CITY MANAGER ~~U ~
ASSISTANT CITY ~~AGER '5 J
4/5THS VOTE: YES D NO k8J
SUBMITTED BY:
REVIEWED BY:
BACKGROUND
On December 5, 2007, the City Engineer received four (4) sealed bids from electrical contractors
for the "Traffic Signal Installation at the intersection of Brandywine A venue and Sequoia Street
(TF-335)" project. The work proposed by this project upgrades the intersection control from an
all-way stop to a six-phased fully actuated traffic signal system.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project qualifies
for a Class 1 categorical exemption pursuant to Section 15301 (Existing Facilities) of the State
CEQA Guidelines. Thus, no further environmental review is necessary.
RECOMMENDATION
Council approve the resolution accepting bids and awarding the contract for the "Traffic Signal
Installation at the intersection of Brandywine Avenue and Sequoia Street (TF-335)" project to
HMS Construction, Incorporated in the amount of $172,260 and authorizing the expenditure of
all available funds in the project.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
2-1
12/18/07, Item~
Page 2 of 3
DISCUSSION
The installation of a traffic signal at the subject intersection was approved and budgeted in the
Fiscal Year 2006-07 Capital hnprovements Program (CIP). This intersection ranked number six
in the 2004 Intersection Evaluation List for Traffic Signal Warrants. The intersection satisfied
the following warrants: 2-Interruption of Continuous Traffic, 7-System Warrants, 9-Four Hour
Volume, and II-Peak Hour Volume. This intersection is located along Brandywine Avenue
between two major arterials: Olympic Parkway to the north of Sequoia Street and Main Street to
the south of Sequoia Street. The northwest side of this intersection is the Valle Lindo Park and
southeast of the intersection is a strip mall. This segment also serves as a detour route to the
Coors Amphitheater. The installation of a traffic signal at this location will improve traffic
circulation by minimizing the interruptions of continuous traffic along Brandywine Avenue.
The work in general includes, but is not limited to the following: installation of new traffic
signal standards, mast arms, signal light emitting diode (LED) indications, pedestrian push
button, loop/video detection system, conduits, luminaries, emergency vehicle preemption
(EVPE), pull boxes, internally illuminated street name sign (IISNS), signs, meter pedestal,
uninterruptible power supply (UPS), signal controller and cabinet, retaining walls, bus stop pad,
and pedestrian ramp installation in order to meet current Americans with Disabilities Act (ADA)
standards. Other work includes wiring, striping, sandblasting, resurfacing of pavement,
protection, restoration removal, and disposal of existing conditions, traffic control and other
miscellaneous work necessary to make the traffic signal system complete and operational. The
Safety Commission has been informed of the scope of work for this project and the anticipated
construction schedule.
City staff advertised the project on November 7, 2007, and received four (4) bids on December
5,2007. The following table is a summary of the bids received:
CONTRACTOR BID AMOUNT OPTIONAL ITEM
1. HMS Construction, Inc. - San Marcos, CA $172,260.00 $1,075.00
2. Select Electric, Inc. - Spring Valley, CA $179,845.00 $1,200.00
3. Lekos Electric, Inc. - El Cajon, CA $195,820.00 $1,675.00
4. T & M Electric, Inc.- Santee, CA $211,585.00 $3,050.00
The low bid submitted by HMS Construction, Incorporated of San Marcos, CA is below the
Engineer's estimate of $186,020 by $13,760 (7.39% below the Engineer's estimate). HMS
Construction, Incorporated has installed traffic signal projects in the City with satisfactory
performance.
Tonight's resolution also authorizes the expenditure of the available contingencies for the
project. According to City Council Policy No. 574-01, if a change order exceeds the cumulative
contract change order aggregate amount allowable to be approved by the Director of Public
Works Operations, City Council approval is required. However, approval of tonight's resolution
will increase the Director of Public Works Operations' authority to approve change orders as
necessary up to the total contingency amount and funds available in the project. According to
2-2
12/18/07, Item~
Page 3 of3
City Council Policy No. 574-01, if a change order exceeds the cumulative contract change order
aggregate amount allowable to be approved by the Director of Public Works, City Council
approval is required. That amount totals $17,226. However, approval of tonight's resolution
will increase the Director of Public Works authority to approve change orders as necessary up to
the contingency amount of $34,452, an increase of $17,226 and authorize staff to expend all
available contingencies and increase the value of the contract as necessary due to unforeseen
circumstances. Unforeseen circumstances (i.e. utility conflicts, increase of quantities, etc.) may
cause an increase in quantities beyond what was anticipated during the preparation of the project
specifications.
Disclosure Statement
Attachment I is a copy of Disclosure Statement for the lowest bidder, HMS Construction,
Incorporated.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council Members and has found no property
holdings within 500 feet of the boundaries of the property which is the subject of this action.
FISCAL IMPACT
There is no impact to the General Fund for construction. Construction will be entirely funded
from Traffic Signal Fee funds. Upon completion of construction, normal annual signal energy
and maintenance costs are estimated to be $4,500 for the intersection, which will be a General
Fund obligation.
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $172,260
B. Contingencies (20%) $34,452
C. Anticipated Staff Time Including:
Construction Inspection $20,000
Design/Construction Management $45,000
Survey Work $10,000
Planning/Environmental/Traffic/Landscape/Public Works $2,000
TOTAL FUNDS ANTICIPATED FOR DESIGN AND CONSTRUCTION $283,712
FUNDS AVAILABLE FOR CONSTRUCTION
A. Traffic Signal Fee Fund $283,712
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $283,712
ATTACHMENTS
1. Contractor's Disclosure Statement
Prepared by: Mari Malong, Associate Engineer, Engineering and General Services Dept.
M:\General Services\GS Administration\Council Agenda\TF-335 Brandywine and Sequoia\TF335 award agenda rev 120607.doc
2-3
ATTACHMENT I
CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
1. List the names of all persons having a fmancial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
f
(?l/f
I
2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
,
(lIt}
/
3. If any person' identified pursuant to (1) above is a non-profit organization or 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.
I
ft IPt
I
4. Please identif'y every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
I
(/Ifr
. /
5. Has any person' associated with this contract had any financial dealings with an official" ofth/
City ofChula Vista as it relates to this contract within the past 12 months? Yes_ No~
15
\ICitywide2000\homelEngineerITRAFFIClACAD DwgslSTANDARD DWGS (ACAD)IClP PROJECTSITF-335\SpecsITF-
335Specs.doc
2-4
If Yes, briefly descnoe the nature of the financial interest the official" may have in this contract
I
n/ff
/
6. Have you made a contribution of more than $25~ithin the past twelve (12) months to a current
member of the Chula Vista City Council? No .t"Y;s _ If yes, which Council member?
7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City
ofChula Vista in the past twelve (12) months? (Thisif(cludes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes _ No ~
If Yes, which official" and what was the nature of item provided?
Date:
/cfl. - Lf~01-
~~~
Signature of Contractorl Applicant
HMS CONSTRUCTION, INC.
,
Pj,int or type name of Contractorl Applicant
;t'o~ ~1-JlJ1O~~ V. p,
Person is defined as: any individual, firm, co-partnership, joint venture, association, social
club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county,
city, municipality, district, or other political subdivision, -or any other group or combination
acting as a unit.
..
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staff members.
16
I\Citywide2000\homelEngineerITRAFFIClACAD DwgslSTANDARD DWGS (ACAD)ICIP PROJECTS\TF-335\Specs\TF-
335Specs.doc
2-5
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING A
CONTRACT FOR THE "TRAFFIC SIGNAL INSTALLATION
AT THE INTERSERCTION OF BRANDYWINE AVENUE AND
SEQUOIA STREET (TF-335)" PROJECT TO HMS
CONSTRUCTION, INCORPORATED IN THE AMOUNT OF
$172,260.00 AND AUTHORIZING THE EXPENDITURE OF
ALL AVAILABLE FUNDS IN THE PROJECT
WHEREAS, on December 5, 2007, the City Engineer received four (4) sealed bids from
electrical contractors for the "Traffic Signal Installation at the intersection of Brandywine
Avenue and Sequoia Street (TF-335)" project; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 (Existing
Facility) ofthe State CEQA Guideline. Thus, no further environmental review is necessary; and
WHEREAS, the City received bids from four (4) contractors as follows:
CONTRACTOR Bid Amount Optional Item
1. HMS Construction, Inc. - San Marcos, CA $172,260.00 $1,075.00
2. Select Electric, Inc. - Spring Valley, CA $179,845.00 $1,200.00
3. Lekos Electric, Inc. - El Cajon, CA $195,820.00 $1,675.00
4. T & M Electric, Inc.- Santee, CA $211,585.00 $3,050.00
WHEREAS, the low bid submitted by HMS Construction, Incorporated of San Marcos,
CA is below the Engineer's estimate of$186,020.00 by $13,760.00 (7.39% below the Engineer's
estimate). HMS Construction, Incorporated has installed traffic signal projects in the City with
satisfactory performance; and
WHEREAS, the total cost of the design and construction of this project is estimated at
$283,712.00, which includes a $34,452.00 contingency and approximately $77,000 in staff time;
and
WHEREAS, the source of funding for this project is from Traffic Signal Fees; and
WHEREAS, staff requests that City Council waive the limitations related to change
orders identified in City Council Policy 574-01 to permit the Director of Public Works to
approve change orders as necessary up to the contract contingency amount.
K:\ENGINEER\RBSOS\Resos2007\12-IB-07\TF335Reso for Awardrev_doc 2 - 6
Resolution No. 2007-
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept bids and award the contract for the "Traffic Signal Installation at the
intersection of Brandywine Avenue and Sequoia Street (TF-335)" project to HMS Construction,
Incorporated in the amount of $172,260.00 and authorizing the expenditure of all available funds
in the project; and
BE IT FURTHER RESOLVED that the City Council of the City OfChula Vista does
hereby waive the requirements of City Council Policy 574-01 to permit the Director of Public
Works to approve change orders as necessary up to the contract contingency amount.
Presented by
Approved as to form by
Jack Griffin
Director of Engineering and General Services
H:\ENGINEER\RESOS\Re!lOs1007\12-IS.07\TF33SReso for Award.doc 2 - 7
Item 3
Meeting Date 12/18/2007
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Report Regarding the Development Impact Fee (OIF), Park Acquisition
and Development (PAD) Fee, and Trunk Sewer Capital Reserve Funds for
the Fiscal Year Ended June 30, 2007
SUBMITTED BY:
Resolution No. Finding that the Unexpended Funds in the
Transportation Development Impact Fee (TDIF) Fund are still needed to
provide for construction of facilities for which the fees were collected
d- h"v niL-
Director of Finance/Treasurer I' r
Director of Budget and Analysis W \191
Director of Eng.inet:~ and General Services DP- .
dry M_~ ~ (.ISTUS V,,~ V,,-N..xJ
REVIEWED BY:
BACKGROUND:
State Government Code Section 66000 requires local agencies assessing Development Impact
Fees (DIF) and sewer capacity charges to make available specified financial data to the public
each fiscal year. These reports satisfY that requirement and have been available in the City
Clerk's office for public review since November 30, 2007. We have also included the report on
Parkland Acquisition and Development (PAD) fees in the same report for ease of reference and
convenience to the public.
Local agencies are also required to make findings every five years for any DIF funds remaining
unexpended that identifY the purpose of the fee and demonstrate a reasonable relationship
between the fee and the purpose for which it was charged. This year, the City has identified
unexpended fees that were on deposit for five or more years and has elected to make the required
findings.
RECOMMENDATION:
That Council accepts the report and approve the Resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION:
The City of Chula Vista collects several types of Development Impact Fees (OIFs), Parkland
Acquisition and Development fees, and Trunk Sewer Capital Reserve fees, which were assessed
during the fiscal year ending June 30, 2007. The major categories of facilities financed via OIFs
3-1
Item .3
Meeting Date 12/18/2007
include transportation, traffic signals, pedestrian bridges, drainage, sewer and public facilities.
Development Impact Fees are updated in two manners, either via a comprehensive DIF program
review, or via a Council enacted automatic annual adjustment, based upon an appropriate index.
Two DIF programs were comprehensively updated during the subject fiscal year. The first such
update relates to the Otay Ranch Villages 1,5, and 6 Pedestrian Bridge DIF. In February 2007,
this fee program was amended to include Otay Ranch Village 2. This action amended the
program's area of benefit and facility list, and recalculated the program fee based upon revised
construction cost estimates. This update increased the fee from $783 to $1,114 per single-family
dwelling unit. The second comprehensive DIF program update relates to the City's Public
Facilities Development Impact Fee (PFDIF), which was presented to Council in October 2006.
This action increased the PFDIF from $5,489 to $7,891 per single-family dwelling unit.
In October of 2006, the following automatic index based annual adjustments went into effect:
. Transportation DIF was increased from $10,050 to $10,455 per equivalent dwelling unit
(EDU).
. Traffic Signal fee was increased from $26.65 to $27.70 per average daily vehicle trip.
. Otay Ranch Village 11 Pedestrian Bridge DIF was increased from $1,808 to $1,865 per
single farnily dwelling unit.
. Park and Acquisition fee was increased from $8,962 to $9,122 for Areas West of I-80S
and $16,644 to $16,804 for Areas East ofI-805
Other fees addressed in this report remain at the same rate as the previous fiscal year.
DEVELOPMENT IMPACT FEES
TRANSPORTATION DEVELOPMENT IMPACT FEE (TDlF)
This fee was adopted on January 12, 1988 by Ordinance 2251 to fmance and coordinate the
construction of new transportation facilities so that streets are built when needed. This fee is
applicable to all new development east of I-80S. Prior to the program, streets were built by
developers in a fragmented fashion with 6-lane facilities, necking down to 2-lanes and expanding
back to 6 lanes again. In addition, there was a fairness issue since some developers fronted on
large streets and others did not. Now all developers in the Eastern portion' of Chula Vista pay the
same fee per dwelling unit and either the City constructs the street or a developer does. If the
developer constructs the street they will receive a TDIF fee credit when they apply for a building
permit.
The TDIF program was last comprehensively updated in 2005, increasing the fee per EDU to
$10,050. This fee was subject to an annual index-based adjustment; in October of 2006 the fee
3-2
Item :3
Meeting Date 12/18/2007
was increased to $10,455 per EDU. The fees for other land use types, as well as detailed FY07
financial information, are presented in Attaclunent A - Schedule 1.
TRAFFIC SIGNAL FEE
This fee was adopted to provide for the projected traffic signal needs of the City that result from
increases in traffic volume caused by development. As funds are accumulated they are expended
on traffic signal projects. This citywide fee is assessed per trip generated, and was increased
from $26.65 to $27.70 per trip in October 2006. Detailed FY07 financial information is
presented in Attaclunent A - Schedule 2.
TELEGRAPH CANYON DRAINAGE DIF
This fee is applicable to all new development within the Telegraph Canyon Drainage Basin and
has remained unchanged since 1998. Detailed FY07 financial information is presented in
Attaclunent A - Schedule 3.
TELEGRAPH CANYON GRAVITY SEWER DIF
This fee is for the expansion of the trunk sewer within the basin for tributary properties. The fee
has remained unchanged at $216.50 per EDU since 1998. Detailed FY07 financial information is
presented in Attaclunent A - Schedule 4.
PUMPED SEWER DIF
This fee was adopted by the City to finance the facilities necessary to the Telegraph Canyon
sewer main due to out-of-basin flows from the Salt Creek Basin. The name was changed from
Telegraph Canyon Sewer Pumped Flows Development Impact Fee to Pumped Sewer
Development Impact Fee due to the addition of Poggi Canyon Basin Sewer Interceptor as one of
the facilities financed by this fee. The fee was repealed in November 2004 under Ordinance
2990-A due to the construction of Salt Creek Trunk Sewer and there is no longer any need to
pump flows out of the Salt Creek Basin. Detailed FY07 financial information is presented in
Attaclunent A - Schedule 4.
POGGI CANYON SEWER BASIN DEVELOPMENT IMPACT FEE
This fee was adopted to provide the necessary financing to construct a trunk sewer in the Poggi
Canyon Sewer Basin from a proposed regional trunk sewer west of I-80S along Olympic
Parkway to the boundary of Eastlake. The fee was established at $400 per equivalent dwelling
unit and has remained unchanged since 1997. Detailed FY07 financial information is presented
in Attaclunent A- Schedule 4.
3-3
Item 3
Meeting Date 12/18/2007
SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE
This fee was adopted to provide the necessary financing to construct the Salt Creek Interceptor.
This fee is applicable to the Salt Creek Sewer Basin, a portion of the Upper Otay Lake Basin
north of the Salt Creek Sewer Basin, Wolf Canyon Basin, and a portion of the Lower Otay Lake
Basin east of the Salt Creek Sewer Basin. The fee for FY06 was $1,330 per EDU under
Ordinance 2974-A dated August 17, 2004. Detailed FY07 financial information is presented in
Attachment A - Schedule 4.
OTAY RANCH VILLAGE 1, 5, & 6 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT
FEE
This fee was adopted to provide the necessary financing to construct the facilities. The fee
program was amended in February 2007 to include Otay Ranch Village 2. This action amended
both the program's area of benefit and facility list. Construction costs were also revised and a
new fee of $1,114 per EDU was established. This represents an increase of $331 as compared
with the previous rate of $783 per EDU. Detailed FY07 financial information is presented in
Attachment A - Schedule 5.
OTAY RANCH VILLAGE 11 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE
This fee was adopted to provide the necessary financing to construct four pedestrian bridges in
Otay Ranch Village 11. This fee was increased from $1,808 to $1,865 per EDU in October of
2006. Detailed FY07 financial information is presented in Attachment A - Schedule 5.
PUBLIC FACILITIES DIF
The Public Facilities DIF is a citywide fee with several components levied to fund that portion of
public facilities projects attributable to new development. The total fee for all components was
increased in August 2006 from $5,489 to $7,890 per EDU. The same evening the fee increase
was approved by Council, the closure of four minor program components was also approved.
This action closed the following:
. Microcomputer Systems Component;
. Telecommunication Systems Component;
. Records Management System Component; and
. Geographic Information System Component.
The closure of these components had no impact on development's overall PFDIF fee obligation.
Detailed FY07 financial information is presented in Attachment A - Schedule 6. The active
components of the Public Facilities DIF with the current fees are as follows:
3-4
Item 3
Meeting Date 12/18/2007
ADMINISTRATION ($526) - Administration of the Public Facilities DIF program,
overseeing of expenditures and revenues collected, preparation of updates, calculation of
costs, etc.
CIVIC CENTER EXPANSION ($2,188) - Expansion of the Civic Center per the Civic
Center Master Plan 1989 to provide sufficient building space and parking due to growth
and development. The Civic Center Master Plan was updated in July 2001 to include the
Otay Ranch impacts.
POLICE FACILITY ($1,464) - Accommodation of the building space needs per the
Civic Center Master Plan, which included the newly constructed police facility,
upgrading of the communications center and installation of new communication consoles.
Also included is the purchase and installation of a computer aided dispatch system
(CAD), Police Records Management System, and Mobile Data Terminals.
CORPORATION YARD RELOCATION ($393) - Relocation of the City's Public
Works Center from the bay front area to the more centrally located site on Maxwell Road.
LIBRARIES ($1,258) - Improvements include construction of the South Chula Vista
library and Eastern Territories libraries, and installation of a new automated library
system. This component is based on the updated Library Master Plan.
FIRE SUPPRESSION SYSTEM ($1,106) - Projects include the relocation of Fire
Stations #3 & #4, construction of a fIre training tower and classroom, purchase of a brush
rig, installation of a radio communications tower and construction of various fIre stations
in the Eastern section of the City. This fee also reflects the updated Fire Station Master
Plan, which includes needs associated with the Otay Ranch development.
MAJOR RECREATION FACILITIES ($955) - New component adopted in
November 2002 to build major recreation facilities created by new development such as
community centers, gymnasiums, swimming pools, and seniorlteen centers.
Although the majority of project costs are to be borne by new development, it is important to
note that various comRonents or specifIc projects within a component contain both a City and
new development cost share. The City share often reflects "joint impetus" projects, which are
necessitated by both growth and non-growth factors and/or the City's obligation to correct pre-
existing space/equipment defIciencies. The PFDIF fees only relate to new development's cost
share for each component.
PARKLAND AOUlSITION AND DEVELOPMENT (PAD) FEES
This in-lieu fee was adopted by the City to acquire neighborhood and community parkland and to
3-5
Item 3
Meeting Date 12/18/2007
construct parks and recreational facilities. The Parkland Acquisition and Development fee was
increased in October 2006 from $8,962 to $9,122 for Areas West of I-80S and $16,644 to
$16,804 for Areas East ofI-80S. Detailed FY07 financial information is presented on Attachment
B.
TRUNK SEWER CAPITAL RESERVE FEES
This fee was established to pay all or part of the cost and expense to enlarge sewer facilities of
the City so as to enhance efficiency of utilization and/or adequacy of sewer capacity. Detailed
FY07 financial information is presented on Attachment C.
FY07 FINANCIAL INFORMATION
Attachment A, Schedules 1 through 5 reports the required financial information for all DIFs,
other than the Public Facilities DIF. Attachment A, Schedule 6 reports the required financial
information for the Public Facilities DIF and its components. Attachment B reports the required
financial information for the PAD fees. Attachment C reports the required information for the
Trunk Sewer Capital Reserve fees. The schedules contain the following items:
. The beginning balances as of July 1, 2006.
. The fees received during the fiscal year ended June 30, 2007.
. Other miscellaneous revenues received during the fiscal year ended June 30, 2007.
. The interest earned from investing the cash balances available in each fund during the
fiscal year ended June 30, 2007.
. The expenditures from each of the funds during the fiscal year ended June 30, 2007.
. A description of each capital project with expenditures funded entirely or in part by
DIF /PAD/Trunk Sewer in FY07 and the percentage of the project funded by this fee
through FY07. More detailed information on any project is available in the annual Capital
Improvement Project (CIP) Budget.
. Information on any loans from DIF/PAD/Trunk Sewer Capital Reserve funds during
FY07.
. The ending balances as of June 30, 2007 for each of the DIF/PAD/Trunk Sewer Capital
Reserve Funds.
. The amount, description and purpose of the fee.
. An identification of an approximate date by which the construction of the public
improvement will commence.
The ending balances as of June 30, 2007 are in the process of being audited as part of the audit of
citywide financial statements, and are therefore subject to adjustment.
FINDINGS REQUIRED FOR FUNDS IN POSSESSION OVER 5 YEARS
3-6
Item :'3
Meeting Date 12/18/2007
Government Code Section 66001(d) requires the local agency to make findings every five years
with respect to any portion of the DIF fees remaining unexpended to identifY the purpose for
which it was charged. This year the city has elected to make such [mdings for any funds
remaining unexpended for five or more years. The following fee program has fees, which were
collected five or more years ago, which remain unexpended and is listed to satisfY Section
66001(d) of the Government Code.
a. Transportation Development Impact Fee (TDIF)
Since its inception in 1988, the TDIF program identified the need for an interim SR-125
facility, and included such facilities as project numbers 1 and 2. In 1994, a separate Interim
Pre-SR 125 Development Impact Fee (SR-125 DIF) was established to ensure that sufficient
funds would be available to construct a north-south transportation corridor should the SR -125
freeway not be constructed in time to serve impending development. With financing secured,
environmental constraints addressed and construction underway for SR-125, Council tolled
the fee in April of 2004. At that time, Council also amended the Ordinance to allow
transportation capacity enhancement improvements to be funded from fees already collected
for the SR-125 DIP.
In conjunction with the May 2005 comprehensive update of the TDIF program, Council
approved the transfer of all remaining Interim SR-125 DIF funds to the TDIF fund for several
capacity enhancing improvements, including overpasses of the SR-125 at Rock Mountain
Road and Otay Valley Road. In total, $12.5 million was transferred between funds as a result
of this action. Of this amount, $3.5 million has now been held in excess of five years, with,
$1.7 million (along with any and all interest earned) still needed for these SR-125 related
capacity enhancing improvements.
The remaining $1.8 million in Interim SR-125 DIF funds held in excess of five years will be
refunded to residents of Eastern Chula Vista who contributed to the SR-125 DIP via a toll
reduction incentive program. On July 17,2007 Council approved this toll reduction program
via Resolution 2007-182. $1.8 million was transferred to South Bay Expressway (SBX) on
August 2007; SBX is charged with contacting eligible residents and informing them of their
refund.
Copies of this report were sent to the Building Industry Association of San Diego, the Eastlake
Development Company, the McMillin Companies, the Otay Ranch Company, the Otay Land
Company, Trimark Pacific Homes and Brookfield Homes.
DECISION MAKER CONFLICTS
Staff has reviewed the property holdings of the City Council and has found a conflict exists, in
3-7
Item '3
Meeting Date 12/18/2007
that Council Member McCann has property holdings within 500 feet of the boundaries of the
property which is the subject of this action.
FISCAL IMPACT:
With fmdings that identify the continued need for the unexpected and lor committed or
uncommitted fees, the City retains the fees for future projects. Without findings that the
unexpended funds are still needed for the projects, the City would be obligated to refund the $1.7
million in the TDIF funds plus interest accrued that have been held for five or more years
pursuant to State Government Code Section 66000. The loss of the funds would jeopardize
scheduled construction projects in FY08.
ATTACHMENTS
Attachment A - Schedules I through 6: FY07 Financial Information for all DIFs including Public
Facilities DIF
Attachment B - FY07 Financiallnformation for PAD fees
Attachment C - FY07 Financial Information for Trunk Sewer Capital Reserve fees
3-8
ATTACHMENT A
SCHEDULE 1
TRANSPORTATION DEVELOPMENT IMPACT FEES (TDIF)
FY 06/07 REVENUES AND EXPENDITURES
Description of Fee: To finance the construction of traffic and transportation improvements in support of future development.
Amount of the Fee:
$
10,455
8,364
6,273
167,280
83,640
per single family equivalent dwelling unit detached
per single family equivalent dwelling unit attached (med density)
per multi-family equivalent dwelling unit
per general commercial gross acre
per industrial gross acre
(.0) FY 04/05 FUND BALANCE INFORMATION:
I FUND 591
co TRANSPORTATION DIF
Beginning Balance, 07/01/06 $ 25,344,282
TDIF Fees Collected 719,921
Transportation State Share
Interest Earned 1,224,924
Miscellaneous Revenues
Forgiveness of debt
Transfer-In
Expenditures:
Supplies & Services (105,727)
Other Expenses (903,021)
Debt Payment - Calease Fiscal Sys
Transfer-Out - 2003 Refunding COP (7,008)
CIP Project Expenditures (456,252)
Unaudited Ending Balance, 06/30/07 $ 25,817,119
ATTACHMENT A
SCHEDULE 1.1
TRANSPORTATION DEVELOPMENT IMPACT FEES (TDIF)
FY 06/07 REVENUES AND EXPENDITURES
FY 06/07 CIP EXPENDITURES:
PROJECT Total Appropriation Future % Of Project Initially
PROJECT DESCRIPTION EXPENDITURES as of 6/30/07 Appropriations Funded by TDIF Scheduled
GG183 G IS-OrthophotographylT opog raph 20,375 42,500 25.37% 2003
STL261 Willow St Bridge Widening 34,506 1,087,740 48.94% 1999
caTM328 99 Orange Ave 1-805 Inter 45,458 4,953,678 16.88% 1999
ISTM331 98 E. Orange Extension 8,516 4,459,904 99.47% 1999
d;TM346 Interim SR-125 Facility Phase I 196,572 35.00% 2003
STM350 South Circulation Network 155,000 100.00% 2003
STM351 Main St Dual Left Turn Ln-180 2,214,117 100.00% 2002
STM355 Otay Lakes Road Widening, East H to Canyon 169,758 900,000 100.00% 2003
STM356 Ramp Widening on E. H St and 1-805 Northbound 8,794 3,333,240 98.74% 2004
STM357 Rock Mtn Rd - Heritage to La Media 232,000 91.23% 2004
STM363 OLR and Ea H St Pedestrian & Traffic Study 11,093 50,000 50.00% 2007
STM364 Heritage Road Bridge Reconstrc 5,932 1,820,000 52.00% 2007
TF274 Traffic Count Stations 9,441 210,000 100.00% 2002
TF312 Transportation Planning Program 69,016 400,000 100.00% 2003
TF329 Traffic Management Center 73,363 200,000
TOTAL CIP EXPENDITURES $ 456,252
ATTACHMENT A
SCHEDULE 2
TRAFFIC SIGNAL DEVELOPMENT IMPACT FEES
FY 06/07 REVENUES AND EXPENDITURES
Description of Fee: For City's traffic signal needs resulting from increased traffic volume caused by new development.
Amount of the Fee: $ 27.70 per trip
FY 04/05 FUND BALANCE INFORMATION:
FUND 225
TRAFFIC SIGNAL
FUND
Beginning Balance, 07/01/06
$
4,013,456
(0)
I
.....
.....
Traffic Signal Fees Collected
Federal Grant
Interest Earned
Miscellaneous Revenues
Transfer-In
Expenditures:
Other Expenses
Transfer Out
CIP Project Expenditures
683,742
67,657
205,283
5,517
Unaudited Ending Balance, 06/30/07
(1,920)
(8,562)
(1,127,532)
3,837,641
$
ATTACHMENT A
SCHEDULE 2.1
TRAFFIC SIGNAL DEVELOPMENT IMPACT FEES
FY 06/07 REVENUES AND EXPENDITURES
FY 06/07 CIP EXPENDITURES:
FY 06/07 Total Appropriation Future % Of Project Funded Initially
PROJECT DESCRIPTION EXPENDITURE as of 6/30/07 Appropriations by Traffic Signal DIF Scheduled
GG184 Bonita Library Improvements 97,634 100,000 17.40% 2004
TF237 Traffic Signal Upgrade 766,999 100.00% 2002
c.:> TF263 Traffic Signal Interconnect 101,041 200,000 200,000 100.00% 2002
I TF279 Install Illuminated Street Signs 8,910 155,500 45.70% 1999
......
N TF290 Central Control and Traffic Communication Links 15,359 150,000 24.19% 2000
TF295 Traffic Signal Detection Replacement 62,366 217,500 50,000 79.00% 2002
TF300 Traffic Signallnstl Hilltop I Oxford 875 220,000 230,000 100.00% 2003
TF301 Signal Installation -Otay Lakes Rd/Apache Dr. 105,473 100.00% 2002
TF310 Emergency Preemption-16 Intersection 121,493 450,000 100.00% 2003
TF311 Intersection Improvement-1st I H I & 2nd I H 14,689 301,660 90.00% 2003
TF314 Signallnstallation-E Palomar & Medical Center 175,000 100.00% 2004
TF315 Signal Installation-5th Ave & Moss St 181,340 100.00% 2004
TF316 Signal Installation-2nd & Quintard 1,777 150,000 100.00% 2003
TF317 Inters Impvt-Bonita Rd & Allen School Lane 93,707 181,351 100.00% 2004
TF318 Signal Installation-Fifth & Naples 16,067 198,660 100.00% 2004
TF319 Signal Modification Anita I Industrial 1,785 60,000 145,000 100.00% 2005
TF320 Signallnstl Greensgate IGreenvw 132,335 160,000 100.00% 2005
TF323 Upgrade Pedestrian Indications 50,990 165,000 100.00% 2005
TF324 Traffic Signal Installation-Naples & Oleander 14,563 180,000 100.00% 2005
TF328 Audible Pedestrian Signal Modifications 6,165 50,000 150,000 66.67% 2006
TF330 Traffic Modification 4th I Main & 4th I Beyer 29,060 260,000 367,000 100.00% 2006
TF331 Traffic Modification 3rd I Montgomery 1,261 220,000 150,000 100.00% 2006
TF333 Uninterruptible Power Supply Replacement 4,035 25,000 95,000 100.00% 2005
TF335 Traffic Signal Installation Brandywine & Sequoia 16,121 210,000 132,000 100.00% 2007
TF337
TF341
TF346
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Traffic Left Turn Modification Program
HES Improvements @ 4th Ave &k SI.
Traffic Signal LED Replacement Program
TOTAL CIP EXPENDITURES
$
8,914
282,399
45,986
1,127,532
100.00%
100.00%
100.00%
176,649
313,500
50,000
2006
2005
2007
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.j>.
SCHEDULE 3
TELEGRAPH CANYON DRAINAGE DIF (TC DRAINAGE DIF)
FY 06/07 REVENUES AND EXPENDITURES
ATTACHMENT A
Amount of the Fee:
$ 4,579 per acre
Description of Fee: For construction of Telegraph Canyon channel between Paseo Ladera and the Eastlake Business Center and for a portion of the channel west of 1-805.
FY 06/07 FUND BALANCE INFORMATION:
Beginning Balance, 07/01/06
TC Drainage Fees Collected
Interest Earned
Transfer-In
Expenditures:
Debt Service Payment to 03 Refunding COP
CIP Project Expenditures
Unaudited Ending Balance, 06/30/07
FY 06/07 CIP EXPENDITURES:
PROJECT
FY 06107
EXPENDITURE
Total Appropriation
as of 6/30/07
FUND 542
TC DRAINAGE DIF
$ 5,294,610
537
259,976
(1,731)
(14,375)
$ 5,539,017
Future
Appropriations
% Of Project Funded
by DIF
Initially
Scheduled
DESCRIPTION
DR118 94 Telegraph Canyon Channellmpvts
DR131 97/Strm Flow-TelCynlPoggi
5,081
9,294
TOTAL CIP EXPENDITURES
$
14,375
3,919,026
75,000
100.00%
75.56%
1994
1997
ATTACHMENT A
SCHEDULE 4
SEWER DEVELOPMENT IMPACT FEES
FY 06/07 REVENUES AND EXPENDITURES
Telegraph Canyon Gravity Sewer DIF (TC Gravity Sewer DIF) Fund 541
Pumped Sewer DIF (Pumped Sewer DIF) Fund 543
Poggi Canyon Sewer Basin DIF (PC Sewer Basin DIF) Fund 551
Salt Creek Sewer Basin DIF (SC Sewer Basin DIF) Fund 553
Description of Fee:
Telegraph Canyon Gravity Sewer DIF:
Pumped Sewer OIF:
Salt Creek Sewer Basin DIF:
Poggi Canyon Sewer Basin DIF:
For the expansion of trunk sewer within the basin for tributary properties.
For construction of facilities necessary to provide sewer service to developments within the
pumped flow basin.
For the planning, design, construction and/or financing of the facilities.
For the construction of a trunk sewer in the Poggi Canyon Sewer Basin from a proposed regional
trunk sewer west of 1-805 along Olympic Parkway to the boundary of Eastlake.
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Amount of the fee:
(11
Fund 541
TC Gravity
Sewer DIF
Fund 543
Pumped
Sewer DIF
Fund 551
PC Sewer
Basin DIF
Fund 553
SC Sewer
Basin DIF
per single family equivalent dwelling unit detached
per single family equivalent d\Yelling unit attached
per multi-family equivalent dwelling unit
per commercial gross acre (Fixture unit based)
per industrial gross acre (Fixture unit based)
$ 216.50 $
216.50
162.38
216.50/edu
216.50/edu
$
400
400
300
3,572
3,572
$
1330
1330
997.50
1,330
1,330
o
o
o
o
o
SCHEDULE 4.1
SEWER DEVELOPMENT IMPACT FEES
FY 06/07 REVENUES AND EXPENDITURES
FY 06/07 FUND BALANCE INFORMATION:
Beginning Balance, 07/01/06
DIF Fees Collected
Interest Earned
Transfer-In
Expenditures:
Other Expenses
Transfer Out
CIP Project Expenditures
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Unaudited Ending Balance, 06/30/07
a>
FY 06/07 CIP EXPENDITURES:
PROJECT
DESCRIPTION
Initially
Scheduled
Fund 541 - Telearaoh Canyon Sewer DIF
SW224 Telegraph Cyn Sewer Impvmts
TOTAL CIP EXPENDITURES
Fund 551- Pocci Canyon Sewer Basin DIF
SW226 Upgrade-Reach 205 of Poggi Cyn Tnk Sew
SW214 98/ Poggi Cyn Trunk Sewer
TOTAL CIP EXPENDITURES
Fund 553 - Salt Creek Sewer Basin OIF
SW225 Wolf Canyon Trunk Sewer Const
SW219 99 Sit Crk Trunk Sew Construction
SW245 Salt Creek Sewer Trnk Maintenance
TOTAL CIP EXPENDITURES
Fund 541
TC Gravity
Sewer DIF
$ 901,651 $
37,000
45,521
(13,291)
Fund 543
Pumped
Sewer DIF
Fund 551
PC Sewer
Basin DIF
45,171 $ 2,700,154 $
2,880
(45,171)
235,695
100,363
(40,478)
(710,409)
(856)
2,880 $ 2,284,469 $
ATTACHMENT A
Fund 553
SC Sewer
Basin DIF
1,528,985
283,465
266,115
(64,111)
(105,300)
1,909,154
$
970,881 $
FY 06/07 Total Appropriation
EXPENDITURE as of 6/30/07
$
856
$
856
104,271
1,029
$
105,300
2,400,000
2,000,000
1,756,440
943,700
12,785,096
275,000
Future
Appropriations
% Of Project Funded
by DIF
25.00%
100.00%
100.00%
96.42%
40.26%
40.26%
2001
2002
1999
2001
2000
2000
ATTACHMENT A
SCHEDULE 5
OTAY RANCH PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE
FY 06/07 REVENUES AND EXPENDITURES
Otay Ranch Village 1,5 & 6 Pedestrian Bridge DIF (OR Vii 1 & 5 Pedestrian Bridge DIF), Fund 587
Otay Ranch Village 11 Pedestrian Bridge DIF (OR Vii 11 Pedestrian Bridge DIF), Fund 588
Description of Fee:
OR Village 1 & 5 Pedestrian Bridge DIF: To finance the construction of pedestrian bridge improvement between Otay Ranch Villages 1, 5 & 6.
OR Village 11 Pedestrian Bridge DIF: To finance the construction of pedestrian bridge improvement in Otay Ranch Village 11.
Amount of the fee:
(.0)
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Fund 587
OR Village 1, 5 & 6
Ped Bridge DIF
Fund 588
OR Village 11
Ped Bridge DIF
......
per single family equivalent dwelling unit detache. $
per multi-family equivalent dwelling unit $
1,114.00 $
826.00 $
1,865.00
1,385.00
FY 04/05 FUND BALANCE INFORMATION:
FUND 587 FUND 588
OTAY RANCH DIF OTAY RANCH DIF
Beginning Balance, 07/01/06
$
1,746,247 $ 1,407,375
262,696
78,208 78,953
(638,764 ) (326)
1,185,691 $ 1,748,698
DIF Fees Collected
Interest Earned
Expenditures - Other Expenses
Unaudited Ending Balance, 06/30/07
$
SCHEDULE 6
PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF)
FY 06/07 STATEMENT OF FUND BALANCE
Description of Fee and amount
Admistration ($526) - Administration of the Public Facilities DIF program, overseeing of expenditures and revenues collected, preparation of updates, calculation of costs, etc.
Civic Center Expansion ($2,188) - Expansion of the Civic Center per the Civic Center Master Plan 1989 to provide sufficient building space and parking due to growth and development.
The Civic Center Master Plan was updated in July 2001 to include the Otay Ranch impacts.
Police Facility ($1 ,464) - Accommodation of the building space needs per the Civic Center Master Plan, which included the newly constructed police facility, upgrading of the
communications center and installation of new communication consoles. Also included is the purchase and installation of a computer aided dispatch system (CAD), Police Records
Management System, and Mobile Data Terminals.
Corporation Yard Relocation ($393) - Relocation of the City's Public Wor1<:s Center from the bay front area to the more centrally located site on Maxwell Road.
Libraries ($1,258) - Improvements include construction of the South Chula Vista library and Eastern Territories libraries, and installation of a new automated library system. This
component is based on the updated Library Master Plan.
Fire Suppression System ($1,106) - Projects include the relocation of Fire Stations #3 & #4, construction of a fire training tower and classroom, purchase of a brush rig, installation of a
radio communications tower and construction of various fire stations in the Eastern section of the City. This fee also reflects the updated Fire Station Master Plan, which includes needs
associated with the Otay Ranch development.
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Major Recreation Facilities ($955) - New component adopted in November 2002 to build major recreation facilities created by new development such as community centers, gymnasiums,
swimming pools, and senior/teen centers.
00
Beginning Balance, 07101106
Revenues:
DW Revenues
Inveslment Earnings
OlherRevenue
Reimbursement - Oth AgenCies
Transfer In
Expenditures:
Personnel Services Tolal
Supplies & Services
OUler Expenses
Capital Expenditures
CIP Project Expenditures
TransferOul
Police Corp Yard FlreSupp. Geographic Mainframe Telephone Records Roc.
Gen. Admin Civic Cenler (1) Facility ReIocalioo libraries Syslem InfoSyslem Computer Syslem Mgt Facilities
571 5671572 573 57' 575 576 577 578 579 581 592 TOTAL
$ (1,926,303) $ 20,173,481 $ 3,272,633 $ 5,692,811 $12,146,995 $(12,070,959) $(236,149) $ (74,026) $ 240,653 $(177,603) $(5,586,456) $ 21,454,875
265,581 453,904 376,747 197,487 244,932 327,560 1,727 1,308 1,060 1,658 258,597 2,130,561
(64,4B2) 988,182 136,017 278,897 360,803 (501,291) (4,063) (1,226) 4,098 (2,977) (203,099) 990,859
95,036 700,000 53,279 848,315
27,426 280,411 73,946 179,122 560,905
(B7B,3B9)
(294,764)
(542,464)
(302,992)
(9,741,309)
(9,346,703)
(245,611)
Unaudited Ending Balance, 06/30/0 $ (2,276,369) $17,751,076 $
NOTE:
1,653,478 $ 4,683,101 $ 7,209,688 $(16,905,643) $
$
$
$
$(6,356,068) $ 5,757,243
(1) This fund includes the amount set aside for the acquisition of the Adamo property in Fund 567.
FY 06/07 PFDIF CIP EXPENDITURES:
Project
GENERAL ADMINISTRATION - Fund 571
Description
SCHEDULE 6.2
PUBLIC FACILITIES DIF (PFDIF)
FY 06/07 SCHEDULE OF DETAILED EXPENDITURES
FY 06107
Expenditure
Total Appropriation Future
as of 6/30/07 Appropriations
196,128
GG179 City General Plan Update
$
TOTAL EXPENDITURES-GENERAL ADMINISTRATION
CIVIC CENTER EXPANSION - Fund 567/572
(,)GG139
I GG200
U;GG300
Civic Center Expansion Project
Civic Center Expansion Project Phase II
Civic Center Expansion Project Phase III
203,276
7,505,616
1,931,676
10,244,445
1,855,601
$ 2,058,877
PS149
POLICE FACILITIES REMODELING - Fund 573
TOTAL EXPENDITURES-CIVIC CENTER EXPANSION
New Police Facility
TOTAL EXPENDITURES-POLICE FACILITIES
CORPORATION YARD RELOCATION - Fund 574
GG171 PW InfoSyslModernize/Expansion
OP205 Purchase C&R Equipment
7,171,744
$
319
237,754
40,000
$
319
LB124
LIBRARIES - Fund 575
TOTAL EXPENDITURES-CORPORATION YARD
East Side Library
TOTAL EXPENDITURES - LIBRARIES
1,543,042
11,888,200
$ 1,543,042
1,337,031
% of Project Funded
by PFDIF
19.77%
30.23%
11.17%
100.00%
11.59%
19.16%
100.00%
100.00%
ATTACHMENT A
Initially
Scheduled
2002
1995
2006
2006
1999
2002
2005
2001
ATTACHMENT A
SCHEDULE 6.3
PUBLIC FACILITIES DIF (PFDIF)
FY 06/07 SCHEDULE OF DETAILED EXPENDITURES
FY 06/07 PFDIF CIP EXPENDITURES:
FY 06/07 Total Appropriation Future % of Project Funded Initially
Project Description Expenditure as of 6/30/07 Appropriations by PFDIF Scheduled
FIRE SUPPRESSION SYSTEM - Fund 576
GG189 Emergency Operations Centers 2,832 31,340 20.59% 2005
PS126 99 Fire Station #8 2,633,816 99.91% 2002
PS128 Fire Station #8 5,170,152 7,051,913 100.00% 2002
PS150 Fire Station #7 Construction 7,743,366 99.81% 2001
PS158 Purchase of Fire Equipment 940,422 42.30% 2003
PS159 Fire Dispatch Center 45,772 585,000 25.92% 2004
c,.)PS162 Strategic Bus Plan Equipment 222,500 100.00% 2005
I
..., TOTAL EXPENDITURES-FIRE SUPPRESSION SYSTEM $ 5,218,756
0
GEOGRAPHIC INFORMATION SYSTEMS
GG192 Permits Plus Enhancements 41,926 99,906 50.00% 2006
TOTAL EXPENDITURES-TELEPHONE SWITCH EXPANSION $ 41,926
RECORDS MANAGEMENT SYSTEM - Fund 581
GG129 97 Records Mnmt - Citywide 224,715 53.88% 1997
GG174 Document Imaging - Citywide 69,540 32.03% 2000
TOTAL EXPENDITURES-RECORDS MANAGEMENT $
REC FACILITIES - Fund 582
PR238 Veterans Park 252,997 5,420,984 58.45% 2002
PR262 Parks Master Plan Update 38,284 152,840 100.00% 2005
PR265 Rec Facillties-Fixtures/Equipt 51,148 654,095 95.71% 2005
PR270 Montevalle Recreation Facility 331,144 6,235,889 100.00% 2005
PR271 Salt Creek Recreation Facility 204,354 6,134,696 100.00% 2005
PR293 Irrigation Booster Pump @ Veterans Park 462 3,921 100.00% 2007
TOTAL EXPENDITURES-REC FACILITIES $ 878,389
LOANS:
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ATTACHMENT A
SCHEDULE 6.4
PUBLIC FACILITIES DIF (PFDIF)
FY 06/07 SCHEDULE OF DETAILED EXPENDITURES
Descriotion of Loan
Loan Amount
tnterest Rate
Corporation Yard DIF loan to General Fund approved
by Council Resolution 2000-077 for CIP project #GG158
Animai Shelter
913,418
6.56%
ATTACHMENT B
PARKLAND ACQUISITION AND DEVELOPMENT (PAD FEES)
FY 06/07 REVENUES AND EXPENDITURES
Description of Fee: In lieu fee for providing neighborhood community park and recreational facilities.
Areas East of 1-805
Amount of the Fee: $ 16,804 per single family dwelling unit
12,471 per multi-family dwelling unit
7,864 per mobile home dwelling unit
7,190 per motel/hotel dwelling unit
Areas West of 1-805
Amount of the Fee: $ 9,122 per single family dwelling unit
6,770 per multi-family dwelling unit
4,269 per mobile home dwelling unit
3,903 per motel/hotel dwelling unit
(,)
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FY 06/07 FUND BALANCE INFORMATION:
FUND 715
PAD FUND
Beginning Balance, 07/01/06
$ 29,209,798
Revenues:
Park Dedication Fees
Interest Earned
Transfer In from CIP fund
Expenditures:
Supplies and Services
Other Expenses
CIP Project Expenditures
7,980,398
1,658,279
(1,961,650)
Unaudited Ending Balance, 06/30/07
$ 36,886,825
ATTACHMENT B1
PARKLAND ACQUISITION AND DEVELOPMENT (PAD FEES)
FY 06/07 REVENUES AND EXPENDITURES
FY 06/07 CIP EXPENDITURES:
FY 06/07 Total Appropriation Future %OfPr~ectFunded Initially
PROJECT DESCRIPTION EXPENDITURE at 6/30/07 Appropriations by PAD Fees Scheduled
PR169 Greg Rogers Park Improvements 323,230 32.68% 1997
PR179 Gayle McCandliss Park 20,626 51,558 100.00% 2000
PR181 Rohr Park Improvements 721 137,000 60.04% 2000
PR214 97 Restrooms Renov - Otay, G Rogers 367,725 75.55% 1998
PR223 99 Parkway Pool Resurface 14,319 2.36% 1999
(0) PR228 Playground Equipment Renovation 733,099 31.89% 2000
I
I'.:> PR238 Veterans Park 1,301 3,653,760 79.79% 2001
(0)
PR239 Skate Park - Greg Rogers Park 158 0.01% 2002
PR250 Montevalle (RH) Community Park 950,838 8,553,168 94.60% 2003
PR251 Salt Creek (ELl Community Park 462,958 8,227,252 34.40% 2003
PR252 Rohr Park Lighting 0 136,420 100.00% 2003
PR257 Mountain Hawk 222,732 4,330,330 100.00% 2004
PR259 Heritage Park Skate Facility 40,000 100.00% 2004
PR260 San Miguel Ranch Community Park 185,403 840,386 100.00% 2007
PR262 Parks Master Plan Update 19,099 50,000 24.60% 2005
PR265 Rec Facilities-Fixtures/Equipmnt 30,000 4.36% 2005
PR279 All Seasons park 62,684 449,459 100.00% 2007
PR293 Irrigation Booster Pump @ Veterans Park 35,288 35,289 90.00% 2007
TOTAL EXPENDITURES $ 1,961,650
Note: The ending balance includes fees paid by specific developers for specific parks within those development. These parks
include Salt Creek Park, Montevalle Park, Mt. Miguel Park, Mountain Hawk, and the Otay Ranch Community Park.
TRUNK SEWER CAPITAL RESERVE
FY06/07 REVENUES AND EXPENDITURES
Description of Fee: For the enlargement of sewer facilities of the City so as to enhance efficiency of utilization andlor adequacy of capacity
and for planning andlor evaluating any future proposals for area wide sewage treatment and or water reclamation
systems or facilities.
Amount of the Fee:
$ 45 Administrative fee per connection
6,990 plus $174.73/11 of chargeable length in excess of 35 II for construction of a 4" diameter lateral
7,107.95 plus $178.10/11 of chargeable length in excess of 35 II for construction of a 6" diameter lateral
528 for 4" diameter tap-ins
607 for 6" diameter tap-ins
1,350 for chargeable length in excess of 35 II for connections made at a depth in excess of nine
feet
3,478 per equivalent dwelling unit of flow when developing or modifying use of any residential
property
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FY 06107 FUND BALANCE INFORMATION:
FUND 293
TRUNK SEWER
(TS)
Beginning Balance, 07101/06
$
25,793,160
Interest Earned
Sewerage Facility Participant Fees
Transfer In
Expenditures:
Transfer Out To Sewer Service Rev. Fund
CIP Project Expenditures
751,851
3,762,404
755,579
(651,367)
Unaudited Ending Balance, 06/30107
$
30,411,627
ATTACHMENT C
ATTACHMENT C.1
TRUNK SEWER CAPITAL RESERVE
FY06/07 REVENUES AND EXPENDITURES
FY 05/06 EXPENDITURES:
FY 06/07 Total Approp. Future oloOfPr~ectFunded Intially
PROJECT DESCRIPTION EXPENDITURE at 6/30/07 Appropriations by TRUNK SEWER Scheduled
GG171 PW Info System Modern Expansion 4,483 11,085 0.90% 1999
OP202 CI P Advanced Planning 25,000 25,000 4.80% 2005
SW205 Metro Sewer System Upgrade 1,150 468,010 100.00% 1992
SW219 Salt Creek Trunk Sewer 305,564 19,332,324 59.80% 1999
w SW223 Wastewater Master Plan 58,305 685,000 100.00% 2001
I SW224 Telegraph Canyon Sewer Impvnt 2,200,000 75.00% 2000
...,
tn SW225 Wolf Canyon Trunk Sewer 35,000 3.58% 2000
SW232 Poggi Canyon Ex1-Eastlake Pkwy 1,163 1,230,000 100.00% 2004
SW233 Moss Street Woodlawn to Broadway 123,652 408,650 25.70% 2007
SW234 Sewer Improvement Colorado J & K 1,253 349,600 100.00% 2004
SW235 Main Sl. Sewer Hilltop - Fresno 30,467 102,000 77.30% 2004
SW236 Center Sl. Imp Garret & Fourth 46,877 210,848 100.00% 2005
SW242 Inflow and infiltration Study 30,856 75,000 100.00% 2006
SW243 Tel. Cyn Trunk Swr Imp. Bay Blvd & J 1,696 306,000 100.00% 2006
SW249 Joint Feas Stud for Wastewater Reclm 20,901 70,000 100.00% 2007
TOTAL EXPENDITURES $ 651,367
TRUNK SEWER CAPITAL RESERVE
FY06/07 REVENUES AND EXPENDITURES
LOANS:
Description of Loan
Loan Amount
Loan to Oxford SI. AD97-1 Improvement Fund,
approved by Council Resolution #18795
on October 28, 1997
15,723
Loan to Twin Oaks Ave AD96-1, approved
by Council Resolution #18873 on
January 20, 1998
16,748
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Loan to Storm Drain Fund, approved by
Council Resolution #18996 on May 19, 1998
544,046
Loan to Storm Drain Fund, approved by
Council Resolution #19078 on July 16, 1999
for project DR140 (Storm Drain Repair-Orange)
52,744
Loan to Storm Drain Fund, approved by
Council Resolution #19607 on Nov. 24,1999
for project DR 147 (CMP Storm Drain Replacement)
203,837
Loan to Storm Drain Fund, approved by
Council Resolution #19682 on Jan. 19,2000
72,623
Advance to Salt Creek Sewer DIF approved
by Council Resolution #2001-203 on June 19,2001
10,481,889
Advance to Salt Creek Sewer DIF approved
by Council Resolution #2002-222 on June 18,2002
1,686,404
ATTACHMENT C.2
Interest Rate
7.00%
7.00%
6.07%
5.90%
5.88%
5.88%
5.88%
5.34%
(0)
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LOANS:
TRUNK SEWER CAPITAL RESERVE
FY06/07 REVENUES AND EXPENDITURES
Advance to Salt Creek Sewer DIF approved
by Council Resolution #2002-297 on August 13, 2002
2,738,084
Advance to Salt Creek Sewer DI F approved
by Council Resolution #2003-278 on June 17, 2003
1,049,651
Total
$ 16,861,747
ATTACHMENT C.3
1.90%
1.50%
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA FINDING THAT THE UNEXPENDED FUNDS
IN THE TRANSPORTATION DEVELOPMENT IMPACT FEE
(TDIF) FUND ARE STILL NEEDED TO PROVIDE FOR
CONSTRUCTION OF FACILITIES FOR WHICH THE FEES
WERE COLLECTED
WHEREAS, California Government Code section 66001(d) requires local agencies to
make findings every five years with respect to any portion of the Development Impact Fees
(DIFs) remaining unexpended to identify the purpose for which it was charged; and
WHEREAS, the City has identified unexpended fees that were on deposit for five of
more years and has elected to make the required findings; and
WHEREAS, the Transportation Development Impact Fee ("TDIF") program has fees,
which were collected five or more years ago, which remain unexpended and are listed to satisfy
section 66001(d) of the California Government Code; and
WHEREAS, in May 2005, Council approved the transfer of all remaining funds in the
Interim SR-125 DIF to the TDIF fund for several capacity enhancing improvements, including
overpasses of the SR-125 at Rock Mountain Road and Otay Valley Road; and
WHEREAS, $12.5 million was transferred between funds as a result of this action; and
WHEREAS, of the $12.5 million, $3.5 million has now been held in excess of five years,
with $1.7 million (along with any and all interest earned) still needed for these SR-125-related
capacity enhancing improvements; and
WHEREAS, the remaining $1.8 million in Interim SR-125 DIF funds held in excess of
five years have been transferred to South Bay Expressway in August 2007, to be refunded to
residents of Eastern Chula Vista who contributed to the SR-125 DIF via a toll reduction
incentive program;
WHEREAS, on July 17, 2007, the City Council approved this toll reduction program via
Resolution 2007-182.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista ("City Council") does hereby find that the unexpended funds in The Transportation
Development Impact Fee (TDIF) fund are still needed to provide for construction of facilities for
which the fees were collected;
BE IT FURTHER RESOLVED that the City Council makes the following findings:
1. The $1.7 million (along with any and all interest earned) remaining in the TDIF
will be used for SR-125-related capacity enhancing improvements; and
J:\AlLOmcy\RESO\TDIF\UNEXPENDED FUNDS rN TDlF _12.IS.07-RESQ.doc
3-28
Resolution No. 2007-
Page 2
2. The TDIF charged was reasonably related to the purpose for which it was
charged, in that, the fee was imposed on development within the Eastern
Territories of Chula Vista, and the funds were used and are being used to
construct SR-125, and enhance its capacity, to service that development; and
3. The TDIF fee was the only source of funding for the SR-125 and its
improvements; other than the $1.7 million remaining in the TDIF fund, and
interest to be earned on those funds, there is no additional funding necessary to
complete the SR-125 improvements; and
4. All Transportation Development Impact Fees for the SR-125 improvements have
been deposited into the TDIF fund.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
'-~\~ (b 1--)
oore
r' 1\ttorney
J:\Atlomey\RESO\TDlF\UNEXPENDED FUNDS IN TDIF _12-IS.07-RESQ.doc
3-29
CITY COUNCIL
AGENDA STATEMENT
Item No.:--1-
Meeting Date: 12/18/2007
SUBMITTED BY:
RESOLUTION OF mE CITY COUNCIL OF mE CITY OF
CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS,
APPROVING mE SECOND AMENDMENT TO A THREE-PARTY AGREEMENT
WIm ANTHONY J. LETTIERI, FAICP, CONSULTANT, AND McMILLIN
OTAY RANCH, LLC, APPLICANT, FOR CONSULTING SERVICES ON mE
EASTERN URBAN CENTER PROJECT, AND AUmORIZING mE MAYOR TO
EXECUTE SAID CONTRACT AMENDMENT.
DIRECTOR OF PLAl'i~\G A~UlLDIN~
CITY MANAGER !~\~ .,
ASSISTANT CITY ~AGER 70
ITEM TITLE:
REVIEWED BY:
4/5THS VOTE: YES
NO----.2L
BACKGROUND
The Eastern Urban Center (EUe) is a large and complex project in the Otay Ranch, which
requires the attention of senior-level staff and uniquely qualified consultants. The proposed
contract amendment will take the project entitlement processing through completion of the
Environmental Impact Report and Sectional Planning Area Plan.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defmed under Section 15378 of the State CEQA Guidelines because it involves only
approval of a contract amendment for professional services; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDATION: That City Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION: None.
4-1
Date, Item No.: 4-
Meeting Date: 12/18/2007
Page 2 of 3
DISCUSSION
Background
The Planning and Building Director recognized the necessity of assigning the EUC project to a
uniquely qualified, very experienced, senior level staff member. The EUC project is extremely
complex and is intended to provide a unique functional and symbolic center for Otay Ranch.
McMillin Otay Ranch, LLC, (Applicant) and primary developer of the EUC, agreed to fund a
dedicated position to process their entitlement applications for this project. For several years the
project was in an exploratory stage.
In the more recent past, however, the Applicant, working with the City, has focused on
developing an appropriate proposed project for review. In May, 2005 Anthony J. Lettieri, FAICP
entered a three-party agreement with the City and Applicant to function as an extension of City
staff to process the entitlements for the EUC. Mr. Lettieri was chosen for his prior work on the
EUC when he was a member of City staff, and for his knowledge of Otay Ranch and experience
on other complex projects. In May, 2006 Council approved Resolution 2006-151 granting a first
amendment to Mr. Lettieri's contract. The Eastern Urban Center Sectional Planning Area Plan
(EUC SPA) was originally submitted in April of 2006 and it was anticipated that the project
would be ready for consideration by the Planning Commission and City Council in the Fall of
2007. The applicant and staff continue to coordinate on many SPA related issues, including
design and circulation details for the project. The City Council has been briefed on the project
on two separate occasions, the most recent being a presentation on the EUC consistency with the
General Plan Framework Strategy on May 1, 2007.
In June of this year the applicant determined that they needed to revise their land use plan and
requested that staff curtail most ofthe planning review. Although the project is not
fundamentally changing from that which has been presented to the City Council, there are
enough changes that a resubmittal of the SPA Plan will be necessary. McMillin is anticipating
that the resubmittal of the SPA Plan will occur before the end of calendar year 2007. Based on
this staff is anticipating that the SPA Plan and related documents will not be ready for your
consideration until November of2008. Time has now expired on Mr. Lettieri's contract, and it
will need to be amended to add another year to take the project through the entitlement process.
Consultant Selection Process
Staff recommends Council waive the formal bid process as impractical and amend the existing
contract for the services of Mr. Lettieri. The complex nature of this signature project in Chula
Vista requires a senior-level planner with applicable experience. Mr. Lettieri has 37 years of
planning experience working on complex, large projects throughout San Diego County,
including Chula Vista. He was also the past project manager for the Otay Ranch Development
Plan and is familiar with the plans and policies of the Otay Ranch, and the EUC. In the past, Mr.
Lettieri has worked as an employee of the City, and as extension of staff on a contract basis and
is familiar with City regulations and policies. In the past, Mr. Lettieri has prepared a number of
4-2
Date, Item No.: L\.
Meeting Date: 12/18/2007
Page 3 of3
issue papers on the siting and policies associated with the EVC and is able to continue the
planning process without delay due to an understanding of the proj ect and the process.
DECISION-MAKER CONFLICTS:
Staff has reviewed the property holdings ofthe City Council and has found no property holdings
within 500 feet of the boundaries of the property which is subject to this action.
FISCAL IMPACT
There is no impact to the General Fund. The original contract was for $50,000, the first
amendment was for $180,000, and this second amendment is for $120,000, bringing the total of
this contract to $350,000. All funding comes from developer deposits.
ATTACHMENTS
I) Second Amendment
2) First Amendment
3) Original Agreement
Prepared by: Bob McSeveney, Principal Management Analyst, Planning & Building
H:\PlanninglBobMc\A113Lettieri 3pty 12-18-07.doc
4-3
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
nn Moore
City Attorney
Dated: J 2. /2/07
Second Amendment to the
Three-Party Agreement between
City of Chula Vista,
Anthony J. Lettieri FAICP, Consultant, and
McMillin Otay Ranch, LLC, Applicant
For Consulting Work to be Rendered
with regard to Applicant's Eastern Urban Center Project
4-4
yJ--tr,..-c-tJ-v.e.u( 2-.
SECOND AMENDMENT
To the Three Party Agreement
Between City of Chula Vista,
Anthony J. Lettieri FAICP,Consultant, and
McMillin Otay Ranch, LLC, Applicant
For Consulting Work to be Rendered
with regard to Applicant's Eastern Urban Center Project
Recitals
This Second Amendment is effective as of 11/1/2007 by and between the City of Chula Vista
("City"), Anthony J. Lettieri FAICP ("Consultant") and McMillin Otay Ranch, LLC
("Applicant"), with reference to the following facts:
WHEREAS, City, Consultant and Applicant previously entered into an agreement on
May 10, 2005 whereby Consultant was to review and process the application by Applicant for a
Sectional Planning Area and one or more Tentative Map applications for the Eastem Urban
Center ("Original Agreement"); and
WHEREAS, City, Consultant and Applicant subsequently entered into a First
Amendment on May I, 2006 whereby Consultant was to continue to review and process the
application by Applicant for a Sectional Planning Area and one or more Tentative Map
applications for the Eastern Urban Center ("Original Agreement"); and
WHEREAS, Consultant estimates an effort of20 hours per week dedicated on this
project for the next twelve months to complete the entitlement process; and
WHEREAS, Consultant is uniquely qualified due to work experience in the City of Chula
Vista and experience acting as an extension of the Community Planning Section staff on this
project over the last year and working on this project while in the employ of the City; and
WHEREAS, all work performed by Consultant has been performed to the satisfaction of
the City's Director of Planning and Building.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the
parties set forth herein, City and Consultant agree to amend the Original Agreement as follows:
I. Exhibit A, Section 2 entitled Project Description, is hereby amended to read as follows:
Reviewing and processing application by McMillin Otay Ranch, LLC (Applicant) for a Sectional
Planning Area (SPA), PC District Regulations and one or more Tentative Map applications for
the Eastern Urban Center (EUC), and other related discretionary entitlements as may be
identified during the course of such processing.
4-5
? Exhibit A, Section 6 entitled Detailed Scope of Work ("Detailed Services"), is hereby
amended to read as follows:
a) Continue to meet with Director of Planning and Building and other appropriate City
staff to understand City objectives for the EUC, the Otay Ranch, and other known
land use issues that would impact both the planning and processing of the Applicant's
SPA Plan.
b) Review all the planning and policy documents that have been prepared that set a
direction for the EUC planning and processing and that indicate City Council public
policy direction, including the proposed General Plan and General Development Plan
Amendments.
c) Coordinate the EUC planning with adjacent projects, including university planning,
the planning of Otay Ranch Village 9, and regional transit planning with SANDAG.
d) Continue to meet with City staff from all City departments and other agencies to
determine what planning or policy direction has already been set with the General
Plan and Framework Plan that may impact the EUC.
e) Prepare all required staff reports documenting the options, issues and recommended
course of action. This would include a detailed scope of work, meeting schedule,
critical path, and cost estimate for the completion of the planning process.
f) Process all discretionary applications/entitlements to final City Council approval.
This would involve all necessary inter-departmental coordination, preparation of staff
reports, presentations to all reviewing bodies, and any other tasks that may be
required to finalize the discretionary approval as required by the City Council.
3. Exhibit A, Section 7, entitled Date for Completion of all Consultant Services, is hereby
amended to read as follows:
December 31. 2008
4. Exhibit C, entitled Compensation Schedule and Deposit, Limitation without Further
Authorization on Time and Materials Arrangement is hereby amended to read as follows:
At such time as Consultant shall have occurred time and materials equal to $120.000
("Authorization Limit") from the effective date of this Second Amendment through
December 31,2008, Consultant shall not be entitled to any additional compensation without
further authorization issued in writing and approved by the City Council. Nothing herein
shall preclude Consultant from providing additional services at Consultant's own cost and
expense.
5. All other terms and conditions of the Original Agreement not specifically modified by this
First Amendment shall remain in full force and effect.
C:\Word\Word\Contracts\3ptyLetteri Second Amend Il.14.Q7.doc 4-6
Signature Page
To the Second Amendment to the Three Party Agreement
Between City of Chula Vista,
Anthony J. Lettieri FAlCP,Consultant, and
McMillin Otay Ranch, LLC, Applicant
For Consulting Work to be Rendered
with regard to Applicant's Eastern Urban Center Project
IN WITNESS THEREOF, City and Consultant have executed this Second Amendment to
the Agreement thereby indicating that they have read and understood same, and indicate their
full and complete consent to its terms:
City of Chula Vista
Consultant: Anthony J. Lettieri, F AICP
By:
By:
Cheryl Cox, Mayor
Dated:
Dated:
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Applicant:
McMillin Otay Ranch, LLC a Delaware
limited liability company By: McMillin
Companies, LLC a Delaware limited
liability company Its: Manager
Ann Moore, City Attorney
By:
By:
C:\Word\Contracts\3ptyLettieri Second Amend 11-14-07.doc
C:\Word\Word\Contracts\3ptyLeueri Second Amend 11-]4-07.do~_7
4"friIJ- C- iJ- "-A. &N-..,..- L..
FIRST AMENDMENT
To the Three Party Agreement
Between City of Chula Vista,
Anthony J. Lettieri FAICP,Consultant, and
McMillin Otay Ranch, LLC, Applicant
For Consulting Work regarding the Eastern Urban Center Project
Recitals
This J:{'Amendment to the three party agreement ("Amended Agreement") is effective
as of 31 ~006 (the "Effective Date") by and between the City ofChula Vista
("City"), Anthony.P.Lettferi F AICP, a sole proprietorship ("Consultant") and McMillin Otay
Ranch, LLC, a Delaware limited liability company ("Applicant"), with reference to the following
facts:
WHEREAS, City, Consultant and Applicant previously entered into a three party
agreement on May 10, 2Q9.2 (the "Original Agreement") whereby Consultant was to review and
process the application by Applicant for a Sectional Planning Area and one or more Tentative
Map applications for the Eastern Urban Center (the "Project"); and
WHEREAS, Consultant estimates that additional services in an amount of 20 hours per
week must be further dedicated on this Project for the next eighteen months to complete the
entitlement process; and
WHEREAS, Consultant is uniquely qualified due to work experience in the City of Chula
Vista and acting as an extension of the Co=unity Planning Section staff on the processing of
the entitlements for the Project; and
WHEREAS, all work performed by Consultant has been performed to the satisfaction of
the City's Director of Planning and Building.
NOW, THEREFORE, in consideration of the Recitals and the mutual obligation of the
parties set forth herein, City, Consultant and Applicant agree to amend the Original Agreement
as follows:
1. Exhibit A, Section 2 entitled Project Description, is hereby amended to read as follows:
Reviewing and processing application by McMillin Otay Ranch, LLC (Applicant) for a Sectional
Planning Area (SPA), PC District Regulations and one or more Tentative Map applications for
the Eastern Urban Center ("EUC''), and other related discretionary entitlements as may be
identified during the course of such processing.
2. Exhibit A, Section 6 entitled Detailed Scope of Work ("Detailed Services"), is hereby
amended to read as follows:
f4-avi, -g/
4-8
a) Meet with Director of Planning and Building and other appropriate City staff to
coordinate processing of the SPA Plan and associated applications, including working
with City staff to identify issues relevant to the design and implementation of the
development proposal.
b) Review all the planning and policy documents that are applicable to the EVC, that set
a direction for the EVC planning and processing, and that indicate City Council
public policy direction, including the current City General Plan and Otay Ranch
General Development Plan ("GDP").
c) Meet with City staff from the Planning and Building and other appropriate
departments to determine what planning or policy direction has already been set with
the General Plan and Framework Strategy that may impact the EVC. Since the
Framework Strategy has yet to be finalized, continue to work with staff and all
interested parties to develop a strategy that implements the City policies for the
university and EVC.
d) Meet with Applicant on a regular basis to work on any issues that may develop
related to the SPA plan, related applications, and planning process.
e) In addition to the General Plan and GDP, ensure that the EVC planning is coordinated
with other public and private sector proj ects within the Otay Ranch, including
coordinating on the regional transportation system as it traverses through the EVC
and adjacent properties.
3. Exhibit A, Section 7, entitled Schedule, Milestone, Time-Limitations within which to
Perform Services, subsection. "Dates for Completion of all Consultant Services" is hereby
amended to read as follows:
October 30. 2007
4. Exhibit C, entitled Compensation Schedule and Deposit: Terms and Conditions. Subsection:
"Limitation without Further Authorization on Time and Materials Arrangement" is hereby
amended to read as follows:
At such time as Consultant shall have accrued time and materials equal to 5180.000
("Authorization Limif') from the effective date of this First Amendment through October 30,
2007, Consultant sha1l not be entitled to any additional compensation without further
authorization issued in writing and approved by the City Council. Nothing herein shall
preclude Consultant from providing additional services at Consultant's own cost and
expense.
5 All other terms and conditions of the Original Agreement not specifically modified by this
First Amendment shall remain in full force and effect.
C:\Documents and Scttings\michaelsh\Local Scttings\Tcmporary Internet Fites\OLl<35\AGREEME'NT-Letteri McMillan First Amcnamcnt-S.06-
Final.doc
4-9
Signature Page
To the First Amendment Three Party Agreement
Between City of Chula Vista,
Anthony J. Lettieri FAlCP,Consultant, and
McMillin Otay Ranch, LLC, Applicant
For Consulting Work regarding the Eastern Urban Center Project
IN WITNESS THEREOF, City, Consultant and Applicant have executed this First
Amendment to the Original Agreement thereby indicating that they have read and understood the
same and indicate their full and complete consent to its terms as of the Effective Date first
written above:
.
Ci~:lE
By: Wrib-
Stephen C. Padilla, Mayor
Consultant: Anthony J Lettieri, F AICP
B~CQ)~
Attest:
~~~~~~
Susan Bigelow, City Clerk
Approved as to form:
Applicant:
~
:fo^--' -
McMillin Otay Ranch, LLC a Delaware
limited liability company By' McMillin
Companies, LLC a Delaware limited
liability compan ger
/lP
'If1rACtw'
~_ ~ /5rVP
Dd,.,) , reJh;.","
By'
C:\ W ord\Contracts\3ptyLetteriAmendRl.doc
C:\Documents lUld Settings,\michae1sh\Local Settings\Temporary Internet Filcs\OLOS\AGREEMENT-Letteri McMillan first Amcndment.5.06.
Final.doc
4-10
A 7'-r40-/ VIA S.A.J ., -...3.
Three Party Agreement
Between
City of Chula Vista,
Anthony J. Lettieri FArCP,Consultant, and
McMillin Otay Ranch, LLC, Applicant
For Consulting Work to be Rendered
with regard to Applicant's Eastern Urban Center Project
1. Parties
This Agreement is made as of the reference date set forth in
Exhibit A, for the purposes of reference only, and effective as
of the date last executed by the parties hereto, between the City
of Chula Vista ("City") herein, a municipal corporation of the
State of California, the person designated on the attached
Exhibit A as "Consultant" Anthony J. Lettieri Arcp whose business
form and address is indicated on the attached Exhibit A, and the
person designated on the attached Exhibit A as "Applicant"
McMillin Otay Ranch, LLC. ~hose business form and address is
indicated on the attached Exhibit A, and is made with reference
to the following facts:
2. Recitals, Warranties and Representations.
2.1. 'Warranty of Ownership.
Applicant warrants that Applicant i~ the owner of land
( "Property") commonly known as, or generally located as,
described on Exhibit A, Paragraph 1, or has an option or other
entitlement to develop said Property.
2.2. Applicant desires to develop the Property with the
Project described on Exhibit A, Paragraph 2, and in that regard,
has made application ("Application") with the City for approval
of the plan, map, zone, or other permits ("Entitlements")
described on Exhibit A, Paragraph 3. It is also anticipated
Applicant will make application with the City for approval of the
plan, map, zone, or other permits ("Entitlements") described on
Exhibit A, Paragraph 4.
2.3.
Applicant,
Exhibit A,
In order for the City to process the Application of
Work of the general nature and type described in
Paragraph 5, ("Work") will need to be completed.
3PtyLettieri-McMillin EUC.doc
05/31/2005
Page 1
6-3
.__A.,.11
2.4.
resources
requested
City does not presently have the
to process the application within
for review by the Applicant.
Ilin-housell staff or
the time frame
2.5. This agreement proposes an arran~ement by which
Applicant shall retain, and be liable for the costs of retaining,
Consultant, who shall per:orm the services required of Consultant
by this Agreement solely to, and under the direction of, the
City.
2.6. Additional facts and circumstances regarding the
background for this agreement are set forth on Exhibit B;
3 . Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE
CITY, CONSULTANT, AND APPLICANT AS FOLLOWS:
3.1. Employment of Consultant by Applicant.
Consultant is hereby engaged by the Applicant, not the City,
and at Applicant's sole cost and expense, to perform to, and for
the primary benefit of, City, and solely at City's direction, all
of the services described on the attached Exhibit A, Paragraph 5,
entitled "General Nature of Consulting Services", ("General
Services"), and in the process of performing and delivering said
General Services, Consultant shall also perform to and for the
benefit of C{ty all of the services described in Exhibit A,
Paragraph 6, entitled "Detailed Scope of_Work", ("Detailed
Services"), and all services reasonable necessary to accomplish
said General Services and Detailed Scope of Work, and shall
deliver such documents required ("Deliverables") herein, all
within the time frames herein set forth, and in particular as set
forth in Exhibit A, Paragraph 7, and if none are set forth,
within a reasonable period of time for the diligent execution of
Consultant's duties hereunder. Time is of the essence of this
covenant.
The Consult~~t does hereby agree to perform said General and
Detailed Services to and for the primary benefit of the City for
the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder,
the Consultant shall do so in a good, professional manner
consistent with that level of care and skill ordinarily exercised
by members of the profession currently practicing under similar
3PtyLettieri-McMillin EUC.doc
05/31/2005
Page 2
6-4
1 1:l
conditions and in similar locations, at its own cost and expense
except for the compensation and/or reimbursement, if any, herein
promised, and shall furnish all of the labor, technical,
administrative, professional and other personnel, all supplies
and materials, machinery, equipment, printing, vehicles,
transportation, office space and facilities, calculations, and
all other means whatsoever, except as herein otherwise expressly
specified to be furnished by the City or Applicant, necessary or
proper to perform and complete the work and provide the Services
required of the Consultant.
3.2. Compensation of Consultant.
Applicant shall compensate Consultant for all services
rendered by Consultant without regard to the conclusions reached
by the Consultant, and according to the terms and conditions set
forth in Exhibit C adjacent to the governing compensation
relationship indicated by a "checkmark" next to the appropriate
arrangement, by paying said amount to the City, within 15 days of
Consultant's billing, or in accordance with the security deposit
provisions of Paragraph 3;3 and Exhibit C, if checked, and upon
receipt of such payment by the City, City shall promptly, not
later than 15 days, or in accordance with the Bill Processing
procedure in Exhibit C, if checked, pay said amount to the
Consultant. City is merely acting in. the capacity as a conduit
for payment, and shall not be liable for the compensation unless
it receives same from Applicant. Applicant shall not make any
payments of compensation or otherwise d~rectly to the Consultant.
3.2.1. Additional Work. If the Applicant, with the
concurrence of City, determines that additional services
("Additional Services") are needed from Consultant of the type
Consultant is qualified to render or reasonably related to the
Services Consultant is otherwise required to provide by this
Agreement, the Consultant agrees to provide such additional
services on a time and materials basis paid for by Applicant at
the rates set forth in Exhibit C, unless a separate fixed fee is
otherwise agreed upon in writing for said Additional Work between
the parties.
3.2.1.1. In the event that the City shall
determine that additional work is required to be performed
above and beyond the scope of work herein provided, City
will consult with Applicant regarding the additional work,
and if thereupon the Applicant fails or refuses to arrange
and pay for said Additional Se~ices, the City may, at its
3PtyLettieri-McMillin EUC.doc
05/31/2005
Page 3
6-5
-.--- 4-13
option, suspend any further processing of Applicant's
Application until the Applicant shall deposit the City's
estimate of the costs of the additional work which the City
determines is or may be required. Applicant shall pay any
and all additional costs for the additional work.
3.2.2. Reductions in Scope of Work.
City may independe~tly, or upon request from
Consultant, from time to time reduce the Services to be performed
by the Consultant under this Agreement. . Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction. Upon failure to agree, the Fixed
Fee may be unilaterally reduced by the City by the amount of time
and materials budgeted by Consultant for the Services deleted.
3.3. Security for Payment of Compensation by Applicant.
3.3.1. Deposit. As security for the payment of
Consultant by Applicant,.~pplicant shall, upon execution of this
Agreement, deposit the amount indicated on Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions
of such trust being as indicated on Exhibit C and as hereinbelow
set forth:
3.3.1.1 Other Terms of Deposit Trust.
3.3.1.1.1. City shaJI also be entitled to
retain from said Deposit all costs incurred by City for which it
is entitled to compensation by law or under the terms of this
agreement.
3.3.1.1.2. All interest earned on the
Deposit Amount, if any, shall accrue to the benefit of, and be
used for, Trust purposes. City may, in lieu of deposit into a
separate bank account, separately account for said deposit in one
or more of its various bank accounts, and upon doing so, shall
proportionately distribute to the Deposit Tr~st, the average
interest earned during the period on its general fund.
3.3.1.1.3. Any unused balance of Deposit
Amount, including any unused interest earned, shall be returned
to Applicant not later than 30 days after the termination of this
Agreement and any claims resulting therefrom.
3PtyLettieri-McMillin EUC.doc
05/31/2005
Page 4
6-6
1 11
3.3.1.1.4.
within 30 days after of the use
Nothing herein shall invalidate
herein authorized.
Applicant shall be notified
of the Deposit in ~~y manner.
use of the Deposit in the manrier
3.3.1.1.5. At such time as City shall
reasonably determine that inadequate funds remain on Deposit to
secure future compensation likely due Consultant or City, City
may make demand of Applicant to supplement said Deposit Amount in
such amount as City shall reasonably specify, and upon doing so,-
Applicant shall, within 30 days pays said amount ("Supplemental
Deposit Amount") to City. Said Supplement Deposit Amount or
Amounts shall be governed by the same terms of trust governing
the original Deposit.
3.3.2. Withholding of Processing.
In addition to use of the Deposit as security, in order
to secure the duty of Applicant to pay Consultant for Services
rendered under this agreement, City shall be entitled to withhold
processing of Applicant's,Application upon a breach of
Applicant's duty to compensate Consultant.
4. Non-Service Related Duties of Consultant.
4.1. Insurance.
Consultant represents that it and it;s agents, staff and
subconsultants employed by it in connection with the Services
required to be,rendered, are protected against the risk of loss
by the following insurance coverages, in the following
categories, and to the limits specified, policies of which are
issued by Insurance Companies that have a Best's Rating of "A,
Class V" or better, or shall meet with the approval of the City:
4.1.1. Statutory Worker's Compensation Insurance and
Employer's Liability Insurance coverage in the amount set forth
in the attached Exhibit A, Paragraph 11.
4.1.2. Commercial General Liability Insurance
including Business Automobile Insurance coverage 'in the amount
set forth in Exhibit A, Paragraph 11, combined single limit
applied separately to each project away from premises owned or
rented by Consultant, which names City and Applicant as an
Additional Insured, and which is primary to any policy which the
Ci ty may otherwise carry (" Primary Coverage"), and which treats
3PtyLettieri-McMillin EUC.doc
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Page 5
6-7
----4-15
the employees of the City and Applicant in the same manner as
members of the general public ("Cross-liability Coverage") .
4.1.3. Errors and Omissions insurance, in the amount
set forth in Exhibit A, Paragraph 11, unless Errors and Omissions
coverage is included in the General Liability policy.
4.2. Proof of Insurance Coverage.
4.2.1. Certificates of Insurance. Consultant shall
demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by
delivery of Certificates of Insurance demonstrating same, and
further indicating that the policies may not be canceled without
at least thirty (30) days written notice ~o the Additional
Insured.
4.2.2. Policy Endorsements Required. In order to
demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial
General Liability Insuran~e Policy, Consultant shall deliver a
policy endorsement to the City and Applicant demonstrating same.
4.2.3 Security for Performance - Performance Bond. In
the event that. the need for a Consultant to provide a Performance
30nd arises, .then Consultant shall provide to the City a
performance bond in the form prescribed by the City and by such
sureties which are authorized to transact ,such business in the
State of California, listed as approved DY the United States
Department of Treasury Circular 570,
http://www.fms.treas.gov/c570, and whose underwriting limitation
is sufficient to issue bonds in the amount required by the
agreement, and which also satisfy the requirements stated in
Section 995.660 of the Code of Civil Procedure, except as
provided otherwise by laws or regulations. All bonds signed by
an agent must be accompanied by a certified copy of such agent's
authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to
issue bonds for the limits so required. Form must be satisfactory
to the Risk Manager or City Attorney which amount shall be
indicated in an attachment as "Performance Bond" Exhibit.
4.3. Public Statements.
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All public statements and releases to the news media shall
be the responsibility of the City and the Applicant. The
Consultant shall not publish or release news items, articles.or
present lectures on the Project, either during the course of the
study or after its completion, except on written concurrence of
the City and Applicant.
4.4. communication to Applicant.
Consultant shall not communicate directly to the Applicant
except in the presence of the City, or by writing an exact copy
of which is simultaneously provided to City, except with the
express consent of City. The Consultant may request such
meetings with the Applicant to ensure the adequacy of services
performed by Consultant.
5. Non-Comoensation Duties of the Apolicant.
5.1. Documents Access.
The Applicant shall provide to the Consultant, through the
City, for the use by the consultant and City, such documents, or
copies of such documents requested by Consultant, within the
possession of Applicant reasonably useful to the Consultant in
performing the services herein required of Consultant, including
but not limited to those described in Exhibit A, Paragraph 8.
5.2. Property Access.
The Applicant hereby grants permission to the City and
Cor-sultant to enter and access the Property, to take any borings,
make any tests, conduct any surveys or reconnaissance necessary
to deliver the Services of Consultant, subject to the approval'of
the Applicant. Consultant shall promptly repair any damage to
the subject property occasioned by such entry and shall
indemnify, defend, and hold Applicant harmless from all loss,
cost, damage, expenses, claims, and liabilities in connection
with or arising from any such entry and access.
6. Administrative Representatives.
Each party designates the individuals ("Administrators")
indicated in Exhibit A, Paragraph 9, as said party's contract
administrator who is authorized by said party to represent them
in the routine administration of this agreement.
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7. Conflicts of Interest
7.1. Consultant is Desiqnated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 10, as
an "FPPC filer", Consultant is deemed to be a "Consultant" for
the purposes of the 'political Reform Act conflict of interest and
disclosure provisions, and shall report his economic interests to
the City Clerk on the re~ired Statement of Economic Interests in
suc~ reporting categories as are specified in Paragraph 10 of
Exhibit A, or if none are specified, then as determined by the
City Attorney.
7.2. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest ocher than the
compensation promised by ~his Agreement.
7.3. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practi~es Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which,would conflict with
Consulta.~t's duties under this agreement.
7.4. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during
the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
7.5. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the City Attorney of City if Consultant
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4 16
learns of an economic interest of Consultant's which may result
in a conflict of interest for the purpose of the Fair political
Practices Act, and regulations promulgated thereunder.
7.6. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in the property
which is the subject matter of the Project, or in any property
within 10 radial miles from the exterior boundaries of the
property which is the subject matter of the Project, or
("Prohibited Interest") .
Consultant further warrants and represents that no promise
of future employment, remuneration, consideration, gratuity or
other reward or gain has been made to Consultant or Consultant
Associates by Applicant or by any other party as a result of
Consultant's performance of this Agreement. Consultant promises
to advise City of any suc~ promise that may be made during the
Term of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not
acquire any such Prohibited Interest within the Term of this
Agreement, or for 12 months after the expiration of this
Agreement. .
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement.
8. Default of the Consultant for Breach.
This agreement may be terminated by the CITY for default if
the Consultant breaches this agreement or if the Consultant
refuses or fails to pursue the work under this agreement or any
phase of the work with such diligence which would assure its
comDletion within a reasonable period of time. Termination of
thi~ agreement because of a default of the Consultant shall not
relieve the Consultant from liability of such default.
9. City'S Riqht to Terminate Agreement for Convenience,
Documents.
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-4-19
9.1. Notwithstanding any other section or provision of this
agreement, the CITY shall have the absolute right at any time to
~erminate this agreement or any work to be performed pursuant to
'Chis agreement.
9.2. In the event of termination of this agreement by the
CITY in ~he absence of default of the Consultant, the City shall
pay the Consultant for the reasonable value of the services
actually performed by the Consultant up to the date of such
termination, less the aggregate of all sums previously paid to
the Consultant for services performed after execution of this
agreement and prior to its termination.
9.3. The Consultant hereby expressly waives any and all
claims for damage or compensation arising under this agreement,
except as set forth herein, in the event of such termination.
9.4. In the event of termination of this agreement, and upon
demand of the City, the Consultant shall deliver to the City, all
field notes, surveys, studies, reports, plans, drawings and all
other materials and documents prepared by the Consultant in
performance of this agreement, and all such documents and
materials shall be the property of the City; provided however,
that the Consultant rray retain copies for their own use and the
City shall provide a copy, at Applicant's cost, of all such
documents to the Applicant.
9.5.
and shall
work.
Applican~ shall have no right to terminate Consultant,
not exercise any control or di~ection over Consultant's
10. Administrative Claims Requirement and ?rocedures
No suit shall be brought arising out of this agreement,
against the City, unless a claim has first been presented in
writing and filed with the City of Chula Vista and acted upon by
the City of Chula Vista in accordance with the procedures set
forth in Chapter 1.34 of the Chula Vista Municipal Code, the
provisions of which are incorporated by this reference as if set
fully set forth herein.
11. Hold Harmless and Indemnification
11.1. Consultant to Indemnify City and Applicant re
Injuries.
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1 ao
Consultant shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers and
employees and Applicant from and against all claims for damages,
liability, cost and expense (including without limitation
attorneys' fees) arising out of the conduct of the Consultant, or
any agent or employees, subcontractors, or others of City or
Applicant in co~~ection with the execution of the work covered by
this Agreement, except only for those claims arising from the
sole negligence or sole willful misconducc of the City, its
officers, or employees, or Applicant, Consultant's
indemnification shall include any and all costs, expenses,
attorneys' fees and liability incurred by the City, its officers,
agents, or employees or Applicant in defending against such
claims, whether the same proceed to judgnent or not. Further,
Consultant at its own expense shall, upon written request by the
City or Applicant, defend any such suit or action brought against
the City, its officers, agents, or employees or Applicant.
Consultants' indemnification of City and Applicant shall not be
limited by any prior or subsequent declaration by the Consultant.
11.2. Applicant to Indemnify City re Compensation of
Consultant.
Applicant agrees to defend, indemnify and hold the City
harmless against and from any and all claims, losses, damages,
expenses or expenditures of City, including its elected
officials, officers, employees, agents, or representatives of the
City ("City Indemnitees"), in any way resulting from or arising
out of the refusal to pay compensation a~ demanded by Consultant
for the performance of services required by this Agreement.
12. Business Licenses
Applicant agrees to obtain a business license from the City
and to otherwise comply with Chula Vista Municipal Code, Title 5.
Applicant further agrees to require Consultant to obtain such
business license and to comply with Chula Vista Municipal Code,
Title 5.
13. MiscellaneouS.
13.1. Consultant not authorized to Re resent Cit .
Unless specifically authorized in writing by City, neither
Consultant tior Applicant shall have authority to act as City'S
agent to bind City to .any contractual agreements whatsoever.
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13.2. Notices.
All notices, demands or requests provided for or permitted
to be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified for the parties in Exhibit
A.
13.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of a.~ event
not herein legally required to be given shall in itself create
the right in the parties to any other or further notice or demand
in the same, similar or other circumstances.
13.4. Entire Agreemenc.
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
13.5. Capacity of Parties.
3ach signatory a.~d party hereto hereby warrants and
represents to the other party that it has legal authority and
capacity and direction from its principal to enter into this
Agreement; that all resolutions or other actions have been taken
so as to enable it to enter into this Agreement.
13.6. Governing Law/Venue.
This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, a.~d
performance hereunder, shall be the City of Chula Vista.
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A ??
13.7. Modification.
No modification or waiver of any provision of this Agreement
shall be effective unless the same shall be in writing and signed
by the parties hereto, and then shall be valid only in the
specific instance and for the purpose for which given.
13.8. Counterparts.
This Agreement may be executed in'more than one counterpart,
each of which shall be deemed to be an original but all of which,
when taken together shall constitute but one instrument.
13.9. Severability.
In the event that any provision of this Agreement shall for
any reason, be determined to be invalid, illegal, or
unenforceable in any respect, the parties hereto shall negotiate
in good faith and agree to such amendments, modifications, or
supplements to this Agreement or such other appropriate action as
shall, to the maximum extent practicable in light of such
determination, implement and give effect to the intentions of the
parties as reflected herein.
13.10. Headings.
The captions and headings in this Agreement are for
convenience only and shall not define or_limit the provisions
hereof.
13.11. Waiver.
No course of dealing or failure or delay, nor the single
failure or delay, or the partial exercise of any right, power or
privilege, on the part of the parties shall operate as a waiver
of any rights herein contained. The making or the acceptance of
a payment by either party with knowledge of the existence of a
breach shall not operate or be construed to operate as a waiver
of any such breach.
13.12. Remedies.
The rights of the parties under this Agreement are
cumulative and not exclusive of any rights or remedies which the
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parties might otherwise have unless this Agreement provides to
the contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this
agreement may have an affect upon persons not parties hereto, the
parties specifically intend no benefit therefrom, and agree that
no performance hereunder may be enforced by any person not a
party to this agreement. Notwithstanding the foregoing, this is
a three party agreement and the City is 'an express third party
beneficiary of the promises of Consultant to provide services
paid for by Applicant.
14. Ownership, ~ublication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
produced in whole or in part under this Agreement shall be
subject to private use, copyrights or patent rights by Consultant
in the United States or in any other country without the express
written consent of City. City shall have unrestricted authority
to publish, disclose (except as may be limited by the provisions
of the ~ublic Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports,
studies, data, statistics, forms or other materials or properties
produced under this Agreement.
(End of Page. Next Page is Signature Page.)
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Signature Page
Now therefore, the parties hereto, having read and
understood the terms and conditions of this agreement, do hereby
express their consent to the terms hereof by setting their hand
hereto on the date set forth adjacent thereto.
Dated:
City of Chula vista
by:
John
Approved as to Form:
~
/;~
I' r-' "
, ,/
( 1~f"'....,..., f_ .
Anz(',Moore
city Attorney ,
V
Dated:
Consultant:
Anthony J, Lettieri, FAICP
byaf1~~, ~t
\ '
Dated:
Applicant:
McMillin Otay Ranch
liability company
a Delawa t
b--:
LLC a Delaware limited
McMillin Companies, LLC
'lity company Its: Manager
l
vt
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Exhibit B
Additional Recitals
wdEREAS, the Applicant has deposited an initial sum for the
processing of development applications, such as rezone,
environmental studies and precise plans, and
WHEREAS, Consultant warrants time on this project will be
billed at no more than the hourly rate the City bills for an
equivalent City Staff, and
WHEREAS, both City and Applicant agree to waive the formal
consultant selection process due to prior work on the same
project performed by Consultant while in the employ of City, and
WHEREAS, the Planning and Building Director
the details of this agreement in accordance with
forth in the Chula Vista Municipal Code.
has negotiated
procedures set
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Exhibit A
Reference Date of Agreement: May 10, 200S
Effective Date of Agreement:
City of Chula vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: Anthony J. Lettieri FAICP,
Business Form of Consultant:
( X) Sole proprietorship
( ) Partnership
( ) corporation
Address: 1231 Oliver Avenue
San Diego, California 92109
Applicant: McMillin Otay Ranch, LLC,
Business Form of Appiicant:
( ) Sole Proprietorship
( ) Partnership
( xl Corporation
Address: 2727 Hoover Avenue
National City, CA 92109
1. Property (Commonly known address or General Description) :
The Application covers that property generally known as
Eastern Urban Center, which is located in the central
portion of the Otay Valley Parcel of the Otay Ranch General
Develooment plan area. The proposed Eastern Urban Center is
approximately 200 acres and is bounded by the proposed
alignments of Birch Road on the north, Hunte Parkway on the
south, Eastlake Parkway on the east, and SR-12S on the west.
Applicant is only applying for entitlements of their portion
of the ownership of subject property.
2. Project Description ("project"):
Reviewing and processing application by McMillin Otay Ranch,
LLC (Applicant) for a sectional Planning Area (SPA) and one
or more Tentative Map applications for the Eastern Urban
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Center, and other related discretionary entitlements as may
be identified during the course of such processing.
3. Entitlements applied for:
a) Sectional Planning Area (SPA) Plan and associated
regulatory documents, including but not limited to the
following: 1) Eastern Urban Center design plan; 2)
Planned Community District Regulations; 3) Air Quality
Improvement Plan; 4) Water Conservation Plan; 5) Non-
renewable Energy Conservation'Plan; 6) Public
Facilities Financing Plan; 7) Affordable Housing Plan
b) Otay Ranch 2004 General Development Plan amendments
4. Entitlements anticipated to be applied for:
a) Second Tier Environmental Impact Report(s) and supporting
tec~ical studies
b) Grading and Improvement Plans
c) Final Maps
d) Design Review App~ovals
e) Tentative subdivision maps
f) General plan Update
5. General Nature of Consulting Services ("Services--General"):
Process, under City's procedures, the necessary planning and
enviror~e~tal planning applications.for the entitlements
listed in paragraphs 3 and 4, for tDe property known as the
Eastern Urban Center described in paragraph 1. Consultant
to provide services to Applic~.t for t~is project as an
extension of City staff, under the direction of the Director
of Planning & Building.
6. Detailed scope of Work ("Detailed Services") :
a) Meet with Director of Planning and Building and other
appropriate city staff to understand City objectives for
the EUC, the Otay Ranch, and other known land use issues
that would impact both the planning and processing of the
Applicant's SPA Plan.
b) Review all the planning and policy documents that have
been prepared over the last two years that set a
direction for the EUC planning and processing and that
indicate City Council public policy direction, including
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the p=oposed General Plan and General Development Plan
Amendments.
c) Meet with City staff from the Planning and other
appropriate departments to determine what planning or
policy direction has already been set with the General
Plan and Framework plan that may impact the EUC.
Included in this analysis would be any Market Assessment
(any study available), Review and Analysis of any revised
EUC policies in the GDP and other policy analysis
associated with the University. Planning.
d) Meet with Applicant development staff to determine their
land use plans, suggested planning process, and issues.
e) Identify how Applicant'S plans correspond with the City-
Wide General plan and Otay Ranch GDP update process. In
addition to the General plan and GDP, the EUC planning
would have to relate to other development projects within
the Otay Ranch and the regional transportation system.
Because of its size and impact on the City, it would also
have to be coordinated with planning for western Chula
Vista.
f) Prepare Issue Papers or other required staff reports
documenting the options, issues and recommended course of
action. This would include a detailed scope of work,
meeting schedule, critical path, and cost estimate for
the completion of the planning process.
g) Process all discretionary applications/entitlements to
final City Council approval. This would involve all
necessary inter-departmental coordination, preparation of
staff reports, presentations to all reviewing bodies, and
any other tasks that may be required to finalize the
discretionary approval as required by the City Council.
7. Schedule, Milestone, Time-Limitations within which to Perform
Services.
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
Dates or Time Limits for Delivery of Deliverables:
Under direction of City staff, and will function as an
extension of City staff.
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Dates for completion of all Consultant services:
December 31, 2005
8.
Documents to be
( ) site plans
elevations ( )
( ) other:
provided by Applicant to Consultant:
( ) grading plans ( ) 'architect=al
project description.
9. Contract Administrators.
City: J.D. Sandoval, Director of Planning & Building, City
of Chula Vista Planning a~d Building Department, 276 Fourth Av,
Chula Vista, CA 91910, ph: (619)691-5002, FAX: (619)409-5861,
email: jsandoval@ci.cnula-vista.ca.us.
Applicant: Todd Gala~neau, Vice-President, McMillin Otay
Ranch, LLC, 2727 Hoover Av, National City, CA 91950, ph:
(619)336-3959, FAX: (619)336-3093 email: tgalarneau@mcmillin.com
Consultant: Anthony J. Lettieri FAICP, 1231 Oliver Avenue
San Diego, California 92109, ph: (619)540-7202, FAX: (858)581-
9374, email: tonyl@san.rr.ccm.
10. Statement of Economic Interests, Coosultant Reporting
Categories, per Conflict of Interest Code:
X) Not Applicable. Not an FPPC Filer.
Category No.1. Investments and sources of income.
Category No.2. Interests in real property.
Category No.3. Investments, interest in real
property and sources of income
subject to the regulatory, permit
or licensing authority of the
department.
Category No.4. Investments in business e~tities
and sources of income which engage
in land development, construction
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4 30
Category No.5.
) Category No.6.
) Category No.7.
11. Insurance Requirements:
or the acquisition or sale of real
property.
Investments in business entities
and sources of income of the type
which, within the past two years,
have contracted with the City of
Chula Vista (Redevelopment Agency)
to provide services, supplies,
materials, machinery or equipment.
Investments in business entities
and sources of income of the type
which, within the past two years,
have contracted with the designated
employee's department to provide
services, supplies, materials,
machinery or equipment.
Business positions.
(X) commercial General Liability: $1,000,000.
(X ) Automobile Liability: $1,000,000.
( ) Worker's compensation: Statutory
( )' Employer's Liability: $1,000,000.
( ) Errors and Omissions Liability: $2,000,000.
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4-31
Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
Single Fixed Fee Arrangement.
For performance of all of the General and Detailed Services
of Consultant as herei~ required, Applicant shall pay a single
fixed fee in the amounts and at the times or milestones set forth
below:
) Single Fixed Fee Amount: $
Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the General
and Detailed Services of Consultant as are separately identified
in Exhibit C, under the category labeled "Phased Fixed Fee
Arrangement", Applicant shall pay the fixed fee associated with
each phase of Services, in the amounts and at the times or
milestones set forth hereinbelow (" Phase Fixed Fee Arrangement")
Consultant shall not commence Services under any Phase, and
shall not be entitled to the compensation for a Phase, u-~less
Applicant shall have issued a notice to proceed to Consultant as
to said Phase. "
(X ) Time and Materials
For performance of the General and Detailed Services of
Consultant as herein required, Applicant shall pay Consultant for
the productive hours of time and material spent by Consultant in
the performance of said Services, at the rates or amounts set
forth 'hereinbelow according to the following terms and
conditions:
(Not-to-Exceed Limitation on Time and Ma~erials Arrangement
Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount,
Consultant agrees that Consultant will perfor~m all of the
General and Detailed Services herein required of Consultant
for including all Materials, and other
nreirnburseables" ("Maximum Compensation") .
5
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( X ) Limitation without Further Authorization on Time and
Materials Arrangement
At such time as Consultant shall have incurred time and
materials equal to $50,000 ("Authorization Limit"),
Consultant shall not be entitled to any additional
compensatiqn without further authorization issued in writing
and approved by the City Council. Nothing herein shall
preclude Consultanc from providing additional Services at
Consultant's own cost and expense.
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Rate Schedule
Category of Employee
of Cor"sultant
Name
Hourly
Rate
Principal Consultant
>L~thony J. Lettieri
$125
Materials Separately Paid For by Applicant
Cost or Rate
Materials
Reports
Copies
Travel
Printing
Postage
Delivery
Long Distance Telephone Charges
Other Actual Identifiable Direct Costs
Actual
Actual
Actual
Actual
Actual
Actual
Actual
Deposit
( X) Deposit Amount: $ 25,000
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1-34
Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of App~icant to
pay Consultant, if this paragraph is "checked", upon City's
receipt of billing by Consultant, and determination by City in
good faith that Consultant's billing is proper, a judgment for
which Applicant agrees to hold City harmless and waive any claim
against City, City shall pay Consultant's billing from the amount
of the Deposit. If Applicant shall protest the propriety of a
billing to City in advance of payment, City shall consider
Applicant's protest a~d any evidence submitted prior to the due
date for the payment of said bill by Applicant in making its good
faith determination of propriety.
( ) Use of Deposit as Security Only; Applicant to Make Billing
Payments.
Upon determination by City made in good faith that
Consultant is entitled to compensation which shall remain unpaid
by Applicant 30 days after billing, City may, at its option, use
the Deposit to pay said billing.
----------------------------------
Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
X Monthly
Quarterly
Other:
B. Day of the Period for submission of Consult~~t's
Billing:
X First of the Month
15th Day of each Month
End of the Month
Other:
C. City'S Account Number:
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RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE FORMAL CONSULTANT
SELECTION PROCESS, APPROVING THE SECOND
AMENDMENT TO A THREE-PARTY AGREEMENT WITH
ANTHONY J. LETTIERI, FAICP, CONSULTANT, AND
MCMILLIN OTAY RANCH, LLC, APPLICANT, FOR
CONSULTING SERVICES ON THE EASTERN URBAN
CENTER PROJECT, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID CONTRACT AMENDMENT.
WHEREAS, in May 2005, the City entered into an agreement with Anthony J.
Lettieri, F AICP ("Consultant") to work as an extension of staff and focus on developing
an appropriate project for review in the Eastern Urban Center; and
WHEREAS, on May 23, 2006 Council approved Resolution 2006-151 approving
the first amendment to this agreement; and
WHEREAS, the applicant's determination to revise their land use plan
necessitates a re-submittal of a Sectional Planning Area plan for the Eastern Urban
Center; and
WHEREAS, the first amendment to the original agreement does not have
sufficient remaining funding or timeframe to complete said tasks; and
WHEREAS, the complex nature of this signature project requires a senior-level
planner with applicable experience; and
WHEREAS, Consultant is uniquely qualified with 37 years of planning
experience working on complex, large projects throughout San Diego County, including
working on the staff of the City as well as working on this specific project over the last
two years; and
WHEREAS, staff recommends waiving the formal bid process as impractical due
to the complex nature of the project, and understanding of the City's entitlement process
on this project already understood by the Consultant.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby waive the formal consultant selection process.
BE IT FURTHER RESOLVED that City Council does hereby approve the second
amendment to a three-party agreement with Anthony J. Lettieri, FAICP and McMillin
Otay Ranch, LLC for consulting services on the Eastern Urban Center Project.
J:\Anomey\RESOIAGREEMENTS\Lettieri, Antlw.lny J._12-11-07.doc
4-36
Resolution No. 2007-
Page 2
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is
hereby authorized to execute said First Amendment on behalf of the City ofChula Vista.
Presented by
Approved as to form by
James D. Sandoval
Planning & Building Director
J:\Altomey\RESO\AGREEMENTS\Lcttieri. Anthony J,_12.11-07.doc
4-37
SECOND AMENDMENT
To the Three Party Agreement
Between City of Chula Vista,
Anthony J. Lettieri FAlCP,Consultant, and
McMillin Otay Ranch, LLC, Applicant
For Consulting Work to be Rendered
with regard to Applicant's Eastern Urban Center Project
Recitals
This Second Amendment is effective as of 11/1/2007 by and between the City of Chula Vista
("City"), Anthony J. Lettieri FAICP ("Consultant") and McMillin Otay Ranch, LLC
("Applicant"), with reference to the following facts:
WHEREAS, City, Consultant and Applicant previously entered into an agreement on
May 10, 2005 whereby Consultant was to review and process the application by Applicant for a
Sectional Planning Area and one or more Tentative Map applications for the Eastern Urban
Center ("Original Agreement"); and
WHEREAS, City, Consultant and Applicant subsequently entered into a First
Amendment on May 1, 2006 whereby Consultant was to continue to review and process the
application by Applicant for a Sectional Planning Area and one or more Tentative Map
applications for the Eastern Urban Center ("Original Agreement"); and
WHEREAS, Consultant estimates an effort of 20 hours per week dedicated on this
project for the next twelve months to complete the entitlement process; and
WHEREAS, Consultant is uniquely qualified due to work experience in the City of Chula
Vista and experience acting as an extension of the Community Planning Section staff on this
project over the last year and working on this project while in the employ of the City; and
WHEREAS, all work performed by Consultant has been performed to the satisfaction of
the City's Director of Planning and Building.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the
parties set forth herein, City and Consultant agree to amend the Original Agreement as follows:
1. Exhibit A, Section 2 entitled Project Description, is hereby amended to read as follows:
Reviewing and processing application by McMillin Otay Ranch, LLC (Applicant) for a Sectional
Planning Area (SPA), PC District Regulations and one or more Tentative Map applications for
the Eastern Urban Center (EUC), and other related discretionary entitlements as may be
identified during the course of such processing.
4-38
2. Exhibit A, Section 6 entitled Detailed Scope of Work ("Detailed Services"), is hereby
amended to read as follows:
a) Continue to meet with Director of Planning and Building and other appropriate City
staff to understand City objectives for the EVC, the Otay Ranch, and other known
land use issues that would impact both the planning and processing of the Applicant's
SPA Plan.
b) Review all the planning and policy documents that have been prepared that set a
direction for the EVC planning and processing and that indicate City Council public
policy direction, including the proposed General Plan and General Development Plan
Amendments.
c) Coordinate the EVC planning with adjacent projects, including university planning,
the planning ofOtay Ranch Village 9, and regional transit planning with SANDAG.
d) Continue to meet with City staff from all City departments and other agencies to
determine what planning or policy direction has already been set with the General
Plan and Framework Plan that may impact the EVC.
e) Prepare all required staff reports documenting the options, issues and recommended
course of action. This would include a detailed scope of work, meeting schedule,
critical path, and cost estimate for the completion of the planning process.
f) Process all discretionary applications/entitlements to final City Council approval.
This would involve all necessary inter-departmental coordination, preparation of staff
reports, presentations to all reviewing bodies, and any other tasks that may be
required to finalize the discretionary approval as required by the City Council.
3. Exhibit A, Section 7, entitled Date for Completion of all Consultant Services, is hereby
amended to read as follows:
December 31, 2008
4. Exhibit A, Section 10, entitled Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code, is hereby amended to read as follows:
( ) Not Applicable.
Not an FPPC Filer.
( X ) Category No. 1.
Investments and sources of income.
( X ) Category No.2.
Interests in real property.
( X ) Category No.3.
Investments, interest in real property and sources of
income subject to the regulatory, permit or licensing
authority of the department.
C:\Word\V.imd\Contracts\3ptyLetteri Second Amend 11-2')-07.doc
4-39
( x ) Category No.4.
Investments in business entities and sources of
income which engage in land development,
construction or the acquisition or sale of real
property.
( X) Category No.5.
Investments in business entities and sources of
income of the type which, within the past two years,
have contracted with the City of Chula Vista
(Redevelopment Agency) to provide services,
supplies, materials, machinery or equipment.
( X ) Category No.6.
Investments in business entities and sources of
income of the type which, within the past two years,
have contracted with the designated employee's
department to provide services, supplies, materials,
machinery or equipment.
(X) Category No. 7.
Business positions.
5. Exhibit C, entitled Compensation Schedule and Deposit, Limitation without Further
Authorization on Time and Materials Arrangement is hereby amended to read as follows:
At such time as Consultant shall have occurred time and materials equal to $120.000
("Authorization Limit") from the effective date of this Second Amendment through
December 31, 2008, Consultant shall not be entitled to any additional compensation without
further authorization issued in writing and approved by the City Council. Nothing herein
shall preclude Consultant from providing additional services at Consultant's own cost and
expense.
6. Exhibit C, entitled Use of Deposit to Pay Consultant, is hereby amended to read as
follows:
(X) Use of Deposit to Pay Consultant.
7. All other terms and conditions of the Original Agreement not specifically modified by this
First Amendment shall remain in full force and effect.
('\Word\Word\Contracts\3ptyLetteri Sl'cond Amend 11~29-07,dol 0
4-4
Signature Page
To the Second Amendment to the Three Party Agreement
Between City of Chula Vista,
Anthony J. Lettieri FAlCP,Consultant, and
McMillin Otay Ranch, LLC, Applicant
For Consulting Work to be Rendered
with regard to Applicant's Eastern Urban Center Project
IN WITNESS THEREOF, City and Consultant have executed this Second Amendment to
the Agreement thereby indicating that they have read and understood same, and indicate their
full and complete consent to its terms:
City of Chula Vista
Consultant: Anthony J. Lettieri, FAICP
Cheryl Cox, Mayor
BY:~ L6QJ
\
By:
Dated:
Dated:~'2..- i-z..-D+
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Applicant:
McMillin Otay Ranch, LLC a Delaware
limited liability company By: McMillin
Companies, LLC Delaware limited
liability company ager
.P
Ann Moore, City Attorney
C:\Word\Contracts\3ptyLettieri Second Amend 11-29-07.doc
C:\Word\Word\ContraCls\3ptyLetteri Second Amend 11-29.07.doc
4-41
CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE:
DeCEMBER 4, 2M], heIIl :iP
1)~.cao\BElI?l '6; 2.txJ::I, \'4-exv\ S
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PUBLIC HEARING TO PRESENT THE 2006/2007
CONSOLIDATED ANNUAL PERFORMANCE
EVALUATION REPORT (CAPER) AND SOLICIT
PUBLIC INPUT ON THE FUNDING PRIORITIES OF
THE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG), THE HOME INVESTMENT PARTNERSHIPS
ACT PROGRAM (HOME), AND THE EMERGENCY
SHELTER GRANT (ESG)
SUBMITTED BY:
REVIEWED BY:
REDEVELOPMENT
CITY MANAGER
4/5THS VOTE: YES D NO ~
BACKGROUND
The City of Chula Vista receives three Federal entitlement grants from the Department of
Housing and Urban Development (HUD): Community Development Block Grant
(CDBG), HOME Investment Partnership Program (HOME), and Emergency Shelter
Grant (ESG). These funds are to be used for housing and community development
projects that benefit lower income persons. Annually, the City is awarded approximately
$3,000,000 in these combined federal grant funds ($2.1 million in CDBG, $900.000 in
HOME and $90,000 in ESG).
The public hearing is intended to review the funding priorities for the City established
through the 2005-2010 Consolidated Plan and to consider public input on housing and
community development needs oflower income persons in Chula Vista. Tbis item will also
report on the City's administration performance under the grant programs as well as present
a funding timeline for the coming fiscal year (2008/2009).
ENVIRONMENTAL REVIEW
This item does not include a site specific project; therefore is not subject to National
Environmental Protection Act review or California Environmental Quality Act.
f:
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I......
\b 5
DECBHBPR 4{?007 Ite~
Page 2 of 3
RECOMMENDATION
Staff recommends that the City Council conduct the Public Hearing and provide direction
to staff on any changes in funding priorities.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The CDBG, HOME and ESG grants are used to benefit lower income persons by
providing affordable housing opportunities and community development projects and
programs. The City is awarded approximately $3,100,000 annually in combined grant
funds. However, due to recent budget cuts at the Federal level the City may receive a 5%
reduction from last year, which would total approximately $2,900,000. Of this amount,
$2,000,000 represents CDBG funds. In September 2006, HUD approved a $9.5 million
Section 108 Loan. Beginning with FY 2008-2009, the City's debt service obligation will
be $800,000 off the top of the CDBG annual entitlement, leaving approximately $1.2
million for administration, projects and programs.
Annual Process:
Federal Citizen Participation Regulations governing the grant programs require that the
City hold a minimum of two public hearings at different stages in the annual plan
process. This public hearing represents the first public hearing for this fiscal year, and is
being held to review last year's performance, and to solicit input on low income housing
and community development needs and funding priorities. The existing City
Consolidated Plan identifies nine funding priorities divided into two categories: Housing
and Non- Housing and are further detailed in Attachment 1 of this report.
. Housing:
o Production of Affordable Housing
o Affordable Housing Opportunities (First Time Homebuyers, Rental Assistance)
o MaintainlPreserve Affordable Housing (Rehabilitation)
. Non-Housing:
o Infrastructure Improvements
o Public Facilities
o Public Services
o Accessibility/ADA Improvements
o Economic Development
Funding applications for the three grant programs are currently available to all interested
organizations and city departments. Staff will review all applications to determine
eligibility during the months of January and February. Staff will then return to Council in
March to present draft allocations to projects.
/ J,.J.... .s:- ..2..
\B 5
DECEMBEI}K'2007, Item~
Page 3 of3
Performance Evaluation:
The City's overall grant management performance is assessed primarily on the
Consolidated Annual Performance Evaluation Report (CAPER) which was submitted to
HUD at the conclusion of the 2006/2007 fiscal year. The CAPER provided HUD with all
the requin,d financial and performance information for the CDBG, HOME and ESG
grant programs. It also includes a narrative describing how the City carried out its
housing and community development strategies, projects, and activities during the fiscal
year. A copy of the narrative is included with this report as Attachment "A". The
remaining HUD reports are on file in the Community Development Department due to
their large size.
In summary, the CAPER demonstrated that the City:
. Expended the grant funds in a timely manner;
. Funded only eligible projects, per HUD standards;
. Provided detailed accomplishment data for all grant-funded projects; and,
. Maintained its administration and public services expenditures within the mandated
caps.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section I 8704.2(a)(I) is not applicable to this decision.
FISCAL IMPACT
No expenditure or allocation of City funds is required; therefore, there is no fiscal impact.
ATTACHMENTS
Attachment I: Funding Priority Needs
Attachment 2: CAPER Narrative
Prepared by: Angelica Davis, Community Development Specialist II,
Community Development Department
/'P .?, - 5-3
City Funding Priority Needs
The City has selected the following priority needs on which to focus the City's resources in the next
five years. These priorities were established taking the following two concerns into consideration: [1]
those categories of low and moderate income households most in need of housing and community
development; and [2] which activities will best meet the needs of those identified households. The
following helps to define the level of priority for each need in the community:
. HIGH represents a commitment to address the need in the Five Year Strategic Plan.
. MEDIUM if funds are available, activities to address this need may be funded during the Five
Year Plan and the City will take other actions to assist in the location of other sources of funds.
. LOW indicates the City will not fund activities but will consider certification of consistency for
other entity's applications for federal assistance.
. NO SUCH NEED indicates there is no need or that this need has already been substantially
addressed.
Activity
Priority Rating
I
-
Production of Affordable Housin
Affordable Housing Opportunities .
First Time Homebu ers Rental Assistance .
Maintain/Preserve Affordable Housing.
(Rehabilitation)
!
-
. Hi h Priori
For Low and Ve Low Income
. For Low and Very Low Income
. For Moderate Income
. For Small and Large Families which
are Very Low and Low Income.
Medium Priority . For extremely low and low income
elderl rsons
. . .
. High Priority
. Medium
.
Infrastructure Improvements
. High Priority
. To street improvement, sidewalk
improvements and street lighting.
Public Facilities
. Medium Priority . To flood prevention/drainage
im rovements
. High Priority . To facilities serving youth, park
and recreational facilities, and
neighborhood facilities.
Public Services
. Medium Priority . To facilities providing health care,
and those serving children
requiring child care, seniors, and
the disabled.
. Medium Priority . To support service needs of all
lower and moderate (0 to 80
percent) special needs households
(persons with AIDS, elderly,
disabled, female-headed
households, and large family
households .
. High Priority . To accessibility needs of the
physically disabled
Accessibility / ADA Improvements
Economic Development
. High Priority . To business attraction, retention
and ex nsion
~:..:)
S' -'i-
Attachment No. 1
~ ~ f?-
Ir -
~
- - --
""'- -. -- ---
- --
CllY OF
CHUlA VISTA
Consolidated Annual
Performance Evaluation Report
(CAPER)
Fiscal Year 2006-2007
Submitted September 28, 2007
Contact:
Community Development Department
Housing Division
276 Fourth Avenue. Chula Vista, CA 91910
(619) 691-5036
email: adavis@ci.chula-vlsta.ca.us
.i, _"
,~ G-!J
Attachment No.2
l~ ~ S-(p
TABLE OF CONTENTS
I. GENERAL ASSESSMENT: ................................................,...................................................... 1
A. ASSESSMENT OF FIVE YEAR GOALS AND OBJECTIVES: .................................................... 1
B. PERFORMANCE MEASUREMENTS: ................... ............. ................ ...................................... 1
1 Housing Objectives .....................................".,...............................................................5
2. Homeless Objectives...................................................................................................... 7
3. Non-Housing Community Development Needs......................................................... 8
C. Affirmatively Further Fair Housing .................................................................................... 15
D. Affordable Housing:.....................,.................................................................................... 17
E. Continuum of Care Strategy: .......................................................................................... 18
F. Other Actions.................................................................................................................... 21
G. Leveraging Resources: ..................................................................................................... 25
H. Summary of Citizen Comments:......................................................................................25
I. Self Evaluation: .................................................................................................................. 25
II. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SPECIFIC REQUIREMENTS ......... 27
A. Use of CDBG Funds in Relation to Consolidated Plan Priorities, Needs, Goals, and
Objectives: ........................................................................................................................ 27
B. Efforts in Implementing the Planned Actions: ............................................................... 27
C. Compliance with National Objectives:.......................................................................... 27
D. Displacement and Relocation Activities: ...................................................................... 27
E. Funding Changes: ...........,.,..............................................................................................27
F. Certifications of Consistency: ................................ ............................. ............................. 27
G. Assessment of Efforts Made In Carrying Out Planned Actions.................................... 28
H. Economic Development Activities to Create/Retain Jobs: ........................................ 28
I. CDBG Funds Used to Benefit Limited/Low to Moderate Income Clientele: ............. 28
J. Program Income: ..............................................................................................................28
1.11. HOME PROGRAM SPECIFIC NARRATIVE .......................................................................... 29
A. Distribution of HOME Funds ............................................................................................. 29
C. Contracting Opportunities for Minority and Women-Owned Business: ..................... 29
D. Summary of Results of On-site Inspections of HOME Rental Units: .............................. 29
E. Assessment of Effectiveness of Affirmative Marketing Plans: ...................................... 29
F. Program Income............................................................................................................... 30
G. American DownPayment Initiative (ADDI).................................................................... 30
IV. EMERGENCY SHELTER GRANT PROGRAM (ESG) SPECIFIC NARRATiVE......................... 31
A. Homeless Service Activities & Accomplishments.......................................................... 31
B. Summary of One-Year Accomplishments ..................................................................... 31
C. Geographic Allocation of ESG Resources..................................................................... 31
D. Matching Resources......................................................................................................... 31
E. Discharge Coordination Policy .......................................................................................31
/<5-
-1
$-7
TABLE OF CONTENTS (Cont.)
Tables:
TABLE I: Five Year Goalsand Objectives Performance Measurement ................................. 3
Table 11- Shelters for the Homeless Serving San Diego - South Bay....................................... 19
Table III: HOME Program Funding Categories......................................................................... 29
Table IV: ESG Funding Cap Compliance................................................................................. 31
J/ ~ t;,
"'"7 ;:.' ('- .., -iT
I. GENERAL ASSESSMENT:
This Consolidated Annual Performance and Evaluation Report (CAPER) for FY
2006-07 marks the second year of City of Chula Vista's progress in carrying out
priorities and specific objectives identified in the 2005-2010 Consolidated Plan's
strategic plan and subsequent action plan. The report contains nine basic
elements: (A) Assessment of Five-Year Goals and Objectives; (B) Performance
Measurements; (C) Affirmatively Further Fair Housing; (D) Affordable Housing;
(E) Continuum of Care Strategy; (F) Other Actions; (G) Leveraging of
Resources; (H) Summary of Citizen Comments; and (I) Self-Evaluation.
A. ASSESSMENT OF FIVE YEAR GOALS AND OBJECTIVES:
For fiscal year 2006-07, the City of Chuia Vista received the following
entitlement funds from the US Department of Housing and Urban
Development (HUD):
. Community Development Block Grant (CDBG) funds in the amount
of $2,042,661
. HOME Investment Partnership (HOME) funds in the amount of
$954,765 including $17,444 in American Dream Down-payment
Initiative (ADDI) funds;
. Emergency Shelter Grant (ESG) funds in the amount of $86,993.
The City also utilized funding from the Redevelopment Low and
Moderate income Housing Fund for rehabilitation activities and
construction of new affordable housing. The funding source for the
Low and Moderate Income Housing Fund Is the State mandated 20%
set-aside portion of the Redevelopment Agency's tax increment funds
that must be used to assist low and moderate-Income households.
B. PERFORMANCE MEASUREMENTS:
The City of Chula Vista funded the projects listed in Table 1 as a means
to achieve the specific priorities and objectives established in the
Consolidated Pian for 2005-2010 as well as the annual goals for FY
2006/07. These activities were Intended and ultimately benefited
primarily low-income and moderate-income residents within the City,
and addressed affordable housing, homeless, and non-housing
community development needs. These activities met three objectives
and three outcomes, detailed below:
Page 1 of 33
-./" 5--9
CAPER
FY 2006-07
City of Chula Vista
. Objectives: 1) create suitable
decent affordable housing;
opportunities.
living environments; 2) provide
and, 3) create economic
. 01 Jtcomes: 1) availability or improved accessibility of infrastructure,
public facilities, housing, or shelter to low/moderate-income
people, including persons with disabilities; 2) new or improved
affordability through creation or maintenance of affordable
housing; and 3) sustainability resulting from improved communities
or neighborhoods, making them livable or viable by providing
benefit to low/moderate-income persons, or by providing services
that sustain communities or neighborhoods.
The outcomes and objectives that were achieved in 2006/2007 are
included with each of the planned activities (Table 1 below and
Appendix A - Listing of CPMP Project Tables). The outcomes and
objectives are identified using the numbering system which ties to
the Community Planning and Development Performance
Measurement System developed by HUD as follows:
vallability / Aft d b'l'ty
"b'('ty or a "
ccessl II
DH-l DH-2
L-l SL-2
EO-l EO-2
Sustainabillty
DH-3
SL-3
EO-3
City of Chula Vista
Page 2 of 33
CAPER
FY 2006-07
,
-/ "P
.:; S--Io
Tenant Based Rental
Assistance
American Dream
DownPa ment
Community Preservation
2006-31
DH-2
HOME
2006-28
HOME
Boys and Girls Club
Bay Boulevard Park
Eucalyptus Park
Memorial Park
Norman Park
CDBG
CDBG
CDBG
CDBG
CDBG
2006-24
2006-20
2006-21
2006-22
2006-23
SL-1
1
~
~
Number of new Housing Units
created
Number of Households receiving
rental assistance 100
Number of Households receiving combined
down a ment assistance.
Number of Units Inspected
10
Number of Improved Public combined
Facilities
Nja
o
1
NjA
NjA
NjA
NjA
City of Chula Vista
CAPEr.
FY 2006-07
Page 3 of 33
Outcome/Objective
Specific Objective
Outcome/
Objective
Code
Source
of Funds
Performance Measure
(Indicator)
5-Year
Goals'
2005
Acmp.
2006
Acmp.
2007
Prop.
ADA Annual Program
Sidewalk Annual Program
L.C. - Safe Sidewalks
CDBG Program Admin. 2006-01 CDBG
HOME Program Admin. 2006-27 HOME
ESG Program Admin. 2006-32 N/A ESG
Fair Housing Council 2006-02 CDBG
Reg. Task Force on Homeless 2006-03 CDBG
J . "'fld chaoge 10 HUD p="~o 1D =ot a. pooo", 10 lho = .act Im",~"
." City of Chula Vista
V\ Page 4 of 33
~
p
N/ A - Administration Activities
CAPER
FY 2006-07
1. Housing Objectives
This section describes Chula Vista's strategies for addressing housing needs, which
are identified as a High priority in the City's 2005-2010 Five-Year Consolidated Plan.
Geographic Distribution: Housing assistance can be generally described as
available throughout the entire City. Homeownership, preservation of at-risk
affordable housing, rehabilitation of owner-occupied housing, and mixed income
rental housing acquisition and development activities may occur throughout the
City.
Priority 1: Production of Affordable Housina
Priority: Assist non-profit corporations to develop affordable housing for very low and
low income households
Targeted High Priority is assigned to small (2-4 persons per household) and large (5+
Groups: persons per household) families that are very low and low income. Medium
Priority is assigned to extremely low and low income elderly persons
Five-Year 20 Housing Units (5 housing units annually)
Objectives:
Performance Units Constructed as a proportion of Regional Housing Needs allocation for
Measure: the appropriate level income group.
Implementing Programs funded in FY 2006:
. Production of Affordable Housing - $263,722 of HOME Funds
Funds were allocated with prior year HOME funds to assist in the production
207 affordable housing project entitled "The Landings". Construction to begin
in 2007-08.
During 2006/2007 construction continued on the HOME funded Seniors on
Broadway project. Completion expected in200712008.
Priority 2: Housing Assistance
Priority : Provide Affordable Housing Opportunities to low and moderate income
households
Targeted Groups: High Priority is assigned to very low and low income family rental units.
Medium Priority is assigned to low and moderate income family for-sale
units
Five-Year Objectives: 250 Households (50 households annually)
Performance Number of households assisted as a proportion of the total number of low
Measure: to moderate-income households In the City.
City of Chula Vista
Page 5 of 33
J/ ,j,5"-I3
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CAPER
FY 2006-07
Implementing Programs funded in FY 2006-07:
. Tenant Based Rental Assistance - $440,000 of HOME Funds.
The City established the short-term (2 year) tenant-based rental assistance
program for Chula Vista residents. Assistance priority was given to residents
displaced from their primary residence.
Accomplishment: 16 Households
. 696-700: City - Community Development - Down Payment Assistance -
$170444 of 2006 and $17,444 of 2005 HOME Funds
This was the third year since the introduction of ADDI funds to the HOME
program. This program offered downpayment assistance to low-income, first
time homebuyers for purchase of single family homes. The funds were used in
combination with prior year funds.
Accomplishment: 11 Households
Priority 3: Preservation & Maintenance of Existina Housina
Priority: Maintain and preseNe the City's aging housing stock
Targeted Groups: Low to moderate income persons (31 to 80 percent of the median)
Five-Year 1,500 Housing Units (300 housing units per year)
Objectives:
Performance Number of Households/Housing Units assisted as a proportion of the total low
Measure: to moderate income households with housing problems in the City that were
built prior to 1970
Implementing Programs funded in FY 2006-07:
. 657: City - Planning & Building - Code Enforcement Program - $150,000 of
CDBG Funds.
Code Enforcement, a complaint-driven program, which targeted private
residential (single-family detached and attached) properties located within
low to moderate-income census tracts (targeted areas). CDBG funds were
used to pay the salaries of the four Code Enforcement Officers, who were
assigned to the targeted areas.
Accomplishment: 425 Units
Page 6 of 33
CAPER
-FY 2006-07
City of Chula Vista
I -~'
s--/'f-
2. Homeless Objectives
This section describes Chula Vista's strategies for addressing homeless needs, which
are Identified as Medium priorities in the City's 2005-2010 Five Year Consolidated
Plan.
Geographic Distribution: Homeless programs can be generally described as
available throughout the entire City.
Priority 1: Homeless Needs
Priority: Continue to support programs offering transitional housing opportunities
for homeless families and individuals
Target Groups: Medium Priority is assigned to extremely low income families and
individuals
Five-Year 100 homeless persons (20 homeless persons annually)
Objectives:
Performance Number of homeless persons assisted as a proportion of the estimated
Measure: number of homeless in Chula Vista.
Implementing Programs funded in FY 2006-07:
. 647: South Bay Community Services - Thursday's Meal - $10,000 of CDBG
Funds
Provided homeless and needy families with hot and nourishing meals, to help
homeless and/or low income families stretch their food resources, so they may
concentrate more on developing self-sufficient lifestyles without having to
struggle so hard for their daily food.
Accomplishment: 309 People
. 664-665: South Bay Community Services - Coso Nueva Vida I - ESG06 -
$82,644 of ESG Funds
ESG funds will be used for short term housing for homeless families (with
children), most of whom are victims of domestic violence. In addition to
housing, families, together with staff, develop a treatment plan so the client
can work to re-establish self-sufficiency and end their homelessness. Services
include mental health counseling, trauma related services, assistance in
finding housing and substance abuse services.
Accomplishment: 244 Households
. 642: Lutheran Social Services - Project Hand -$8,000 of CDBG Funds
Provided food, commodities, shelter referrals and other emergency
assistance services to iow income clients who reside in Chula Vista.
Accomplishment: 1121 People
Page 7 of 33
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CAPER
FY 2006-07
City of Chula Vista
3. Non-Housing Community Development Needs
This section describes the City of Chula Vista's strategies for addressing non-housing
community development needs, which are identified as Medium priorities in the
City's 2005-2010 Five Year Consolidated Plan.
Geographic Distribution: Community facilities, infrastructure, and accessibility
improvement activities are focused in low and moderate-income target areas.
Community services and economic development activities can be generally
described as available throughout the entire City.
Priority 1: Public Services
Prlorlty:Publlc Continue to fund public services at the federally mandated 15% cap
Services:
Targeted Groups: Medium Priority is assigned to addressing the support service needs of all
lower and moderate (0 to 80 percent) special needs households (persons
with AIDS, elderly, disabled. female-headed households, and large family
households).
Five-Year Assist 12,500 people with public services
Objectives: 3.500 Special Needs
2,000 General Public Services
3,500 Youth Services
3,500 Elderlv
Performance Number of People assisted as a proportion of the number of people in
Measure: need for each special needs category.
Implementing Programs funded in FY 2006-07:
a. Special Needs Services
. 638: Chula Vista Veterans Home Support Foundation - Rehab Unit Equipment -
$3,500 of CDBG Funds.
Partial funding for purchase of essential rehabilitation equipment supplies for
the Intermediate Care Facility of the Chula Vista Veterans Home.
Accomplishment: 350 People
b. General Public Services
. 637: Chula Vista Community Collaborative - Child Care Coordinator - $42,000
of CDBG Funds
Provide training to childcare providers to improve the quality of care, assist in
the licensing process, provide advocacy training and coordinate the annual
Day of the Child Event.
Accomplishment: 850 People
City of Chula Vista
Page 8 of 33
CAPER
FY 2006-07
/
5" -/~
. 645: South Bay Community Services - Family Violence Treatment - $34,000 of
CDBG Funds
Provided therapeutic, counseling and crisis service to adult and child victims
and perpetrators of family violence through strengths-based assessments;
treatment planning; age-appropriate group and individual counseling for
children; victim support groups; crisis intervention and SAFE Program for Chula
Vista children and members of their families who are dealing with issues
pertaining to interfamilial child sexual molestation.
Accomplishment: 841 People
. 648: YMCA - Family Stress Counseling Svcs. - Kinship Support Services -
$25,000 of CDBG Funds
Provided case management, assistance with guardianship and permanency
planning, school readiness and academic support, caregiver support
groups/parent education and other services designed to assist relative
caregivers and maintain the placement of the children in their care.
Accomplishment: 395 People
c. Youth Services
. 639: City-Parks and Recreation - WizKids - $ 12,299 of CDBG Funds
Provided at-risk youth with services and support to maintain anti-drug, anti-
crime, healthy and productive lives.
Accomplishment: 75 Youth
. 640: Family Health Centers of San Diego - KidCare Express III Mobile Medical
Unit - $27,000 of CDBG Funds
Provided primary healthcare services to low income medically underserved
children and families in Chula Vista by removing financial, transportation, and
linguistic barriers, KidCare makes sure that Chula Vista families get the
healthcare they need.
Accomplishment: 941 Youth
. 646: South Bay Community Services - Prevention & Diversion Project - $96,600
of CDBG Funds
Through the assistance of sub-contracts, SBCS provided at-risk youth with
services and support and opportunities they need to lead healthy and
productive lives. Provided services before, during and after school.
Accomplishment: 1263 Youth
Page 9 of 33
CAPER
FY 2006-07
City of Chula Vista
/.' :;-' e::-_J7
T y~ ...".,
b. Elderly Services
. 636: Adult Protective Services - South Bay Adult Day Health Care - $11,000 of
COBG Funds
Funding provided or contracted for transportation services to and from the
South Bay Adult Day Health Care Center for disabled seniors.
Accomplishment: 42 Elderly Persons
. 641: Lutheran Social Services - Caring Neighbor - $20,000 of CDBG Funds
Provided health and safety related minor home installations and repairs,
portable wheelchair ramps, transportation and weed abatement to seniors
and adults with disabilities who reside in Chula Vista.
Accomplishment: 79 Elderly Persons
. 643: Meals-on-Wheels - Meals-on-Wheels Chula Vista - $12,000 of CDBG
Funds
Provided two meals a day, seven days a week, including special diets, to low
and moderate income seniors, age 60 and over, in their homes in Chula Vista.
Accomplishment: 477 Elderly Persons
Priority 2: Economic Development
Priority: Continue to provide proactive business assistance programs to
encourage job creation through business attraction, retention,
and exoansion
Target Groups: High Priority is assigned to business attraction, retention and
exoansion
Five-Year Objectives: 20 jobs (5 jobs annually)
Number of jobs created or retained made availabie to low and
Performance Measure: moderate income people as a proportion of currently
unemoloved oersons.
. In FY 2006-07 No Economic Development Activities were undertaken with HUD
funds in response to a request from HUD.
City of Chula Vista
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CAPER
FY 2006-07
Page 10 of 33
Priority 3: Public Facilities
Priority: Continue to improve the quality of existing community facilities to serve the
needs of lower and moderate income households
Target Groups: High Priority is assigned to addressing the needs for community facilities
serving youth, park and recreational facilities, and neighborhood facilities.
Medium Priority is assigned to address the needs for community facilities
providing health care, and those serving children requiring child care,
seniors, and the disabled.
Five-Year Obi.: 10 public facilities
Performance Number of public facilities improved as a proportion of the number of low
Measure: to moderate income households located in the projects census tracts.
Implementing Programs funded in FY 2006-07:
. 656: Boys and Girls Club - Lauderbach - Capital Improvements - $22,600 of
CDBG Funds
This project includes the installation of security lighting and surveiilance
equipment. This project has experienced delays due to volunteer and Davis
Bacon issues. The project should be completed in 2007-2008.
. 652: City - Public Works Dept. - "F" Street and Bay Blvd. Park - S20,500 of
CDBG Funds
Project included adding a new Pipe Arm gate in the entrance and new
lighting for added security, new signage, and a new bike rack.
. 653: City - Public Works Dept. - Eucalyptus Park - $80,000 of CDBG Funds
Funds wiil be used for bleachers, trash receptacles, park security lights and will
be completed in 200712008.
. 654: City - Public Works Dept. - Memorial Park - $10,500 of CDBG Funds
Funds were used for the replacement of wrought iron fencing, repair of
concrete, expansion of trash enclosure and upgrade tot-lot fencing to bring
up to ADA codes.
. 655: City - Public Works Dept. - Norman Park - SlO,OOO of CDBG Funds
Funds were used for the purchase of new horseshoe pits and to rebuild
and/or expand trash enclosure to encourage recycling programs and allow
green waste disposal.
Page 11 of 33
CAPER
FY 2006-07
City of Chula Vista
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Priority 4: Infrastructure
Priority: Provide for needed infrastructure improvements in lower and moderate
income target areas
Target Groups: High Priority is assigned to addressing the need for street improvement,
sidewalk improvements and street lighting. Medium Priority is assigned to
addressina the need for flood prevention/dralnaae improvements
Five-Year 10 public facilities
Objectives:
Performance Number of public facilities improved as a proportion of the number of low
Measure: to moderate income households located in the projects census tracts.
Implementing Programs funded in FY 2006-07:
. 649: City - General Services - ADA Annual Program (STL318) - $209,130 of
CDBG Funds
This project provided for the construction of ADA compliant curb ramps in the
low/moderate income areas of the City. In 2006/07 the design of the new
ramp was completed. Construction to be completed in 07/08.
. 651: City - General Services - Sidewalk Annual Program (STL320) - $125,000 of
CDBG Funds
Funds were used for the design and construction of new sidewalks.
Construction to continue until 200712008.
. 658: San Diego-Imperial Counties Labor Council - Safe and Accessible
Sidewalks - $100,000 of CDBG Funds
This project will provide improvements designed to remove material and
architectural barriers that restrict the mobility and accessibiiity of elderly or
disabled persons by installing ADA curb-cuts. Design and construction to be
completed in 2007 {2008.
City of Chula Vista
Page 12 of 33
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CAPER
FY 2006-07
5"-:'<0
Priority 5: Plannin and Administration
Priority: Continue to manage and administer the CDBG, HOME and ESG programs
in compliance with HUD regulations and within the federally mandated
caDs (CDBG: 20%, HOME: 10% and ESG: 5%)
Taraeted Groups: n/a
Five-Year n/a
Objectives:
Performance n/a
Measure:
. 633: City - Community Development - CDBG Program Administration -
$370,532 of CDBG Funds
Administration funds were utilized for staff costs associated with the
management and administration of Chuia Vista's CDBG program, including
planning, regulatory compliance, contract administration, and fiscal
management.
. 659: City - Community Development - HOME Program Administration -
$93,000 of HOME Funds
Administration funds were utilized for staff costs associated with the
management and administration of Chula Vista's HOME program, including
planning, regulatory compliance, contract administration, and fiscal
management.
. 666: City - Community Development - ESG-06 Program Administration -
$4,349 of ESG Funds
Administration funds will be utilized for staff costs associated with the
management and administration of Chula Vista's ESG program, including
planning, reguiatory compliance, contract administration, and fiscal
management.
. 634: Fair Housing Council of San Diego - Fair Housing & Tenant Education -
$37,000 of CDBG Funds
Provided outreach and education regarding fair housing legai rights and
responsibilities, provided technical training to industry professionals, and
maintained programs and procedures under which citizens of the City may
register complaints concerning their allegations of unlawful housing
discrimination and seek enforcement assistance.
Page 13 of 33
CAPER
FY 2006-07
City of Chuta Vista
/ ;.-
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. 635: Regional Task Force on the Homeless. Inc. - Regional Task Force on the
Homeless - S 1,000 of CDBG Funds
The Regional Task Force on the Homeless is a partnership of public agencies,
private groups and homeless advocates, that develops policies and provides
technical assistance with regard to needs of the homeless and availability of
facilities and services for this population.
City of Chula Vista
Page 14 of 33
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CAPER
FY 2006-07
c. Atlirmatively Further Fair Housing
Assessment of Impediments to Fair Housing Choice:
In FY 2003-04, the City participated in a regionai effort to update the Analysis
of Impediments to Fair Housing Choice. This regional AI involved all 19
jurisdictions in San Diego County. The Draft AI was available for a 3D-day
public review beginning September 13,2004 through October 12,2004. The
2004 AI identified the following impediments:
. Many fair housing violations tend to be committed by small "mom and
pop' rental operations. These property owners/managers are often not
members of the San Diego County Apartments Association. Outreaching
to this group is difficult.
. Hispanics and Blacks continue to be under-represented in the homebuyer
market; there are large disparities in loan approval rates. Many of the
reasons for application denial relate to credit history and financial
management factors.
· Jurisdictions should collaborate to provide education and outreach on
Credit History and Financial Management.
. Discrimination against people with disabilities has become an increasing
fair housing concern.
. Limited regionai coordination efforts.
. Fair housing service providers report accomplishments and statisticai data
in different formats based on the requirements of each jurisdiction.
Ethnicities and income data are also tracked differently across
jurisdictions. Inconsistent reporting makes tracking trends difficult.
. Fair housing services vary across the region based on the agency
providing the services and the work scopes of each sub-recipient
contract. Differing levels of funding may aiso be an explanation
accounting for variances in services.
. As many individual homeowners enter the business of being a landlord by
renting out their homes, many may not be aware of current laws.
. Educational and outreach literature regarding fair housing issues, rights,
and services on websites or at public counters is limited.
. Housing choices for persons with disabilities are limited.
. Discrimination against people with disabilities has become an increasing
fair housing concern.
. Lead-based paint hazards often disproportionately affect minorities and
families with children.
· While education and outreach efforts are a clear priority of all agencies
involved, a review of sub-recipient contracts, Action Plans, CAPER reports,
and annual accomplishment reports indicates a lack of quantifiable
goals, objectives, and accomplishments to gauge success or progress.
City of Chula Vista CAPER
Page 15 of 33 FY 2006-07
~. . -; .-3- S-- ~3
. Sales audits and lending audits are rarely performed.
. While tenant/landlord disputes are not fair housing issues in general,
providing dispute resolution services may prevent certain situations from
escaiating to discrimination issues.
. Various land use policies, zoning provisions, and development regulations
may affect the range of housing choice availabie.
Report on Accomplishments to Eliminate Impediments to Fair Housing
Choice:
On an annual and continuing basis, the City contracts with a non-profit
agency (currently the Fair Housing Council of San Diego) for the provision of
basic fair housing and landlord/tenant services which will include, but not be
limited to:
. Diverse community outreach and public education services (ongoing)
. Intake, investigation and resolution (through enforcement referrals) of
bona fide housing discrimination complaints (ongoing)
. Maintenance of records of all activities undertaken to address and
remove the impediments identified under the Regional Al (ongoing)
. Through ongoing linkages with enforcement entities and
regional/national advocacy groups, foster and support of the general
coordination of federal, state and iocal fair housing laws in the jurisdiction.
In FY 2006-07, 62 Chula Vista residents received fair housing and
landlord/tenant services from the Fair Housing Council of San Diego, the
majority of which were low-income renters. 19 of the cases received in-house
counseling, 1 was conciliated, 39 were referred, and 3 were referred to DFEH.
16 percent of the complainants were African American, 32 percent were
Hispanic, and the remaining were Caucasian.
City of Chuia Vista
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CAPER
FY 2006-07
Page 16 of 33
D. Affordable Housing:
Very low income renters and owners are typically considered to have the
worst case needs in the City, thus providing affordable housing opportunities
has been a main goal of the City. During Program Year 2006-07, Chula Vista
used a combination of HOME and redevelopment set-aside funds to provide
continued implementation of affordabie housing/homeownership programs
and rehabilitation programs.
During FY 2006--2007, an open Notice of Funding Availability (NOFA) process
was made available for disbursement of HOME affordable housing
development funds. The open NOFA process encourages multi-family
projects. We received two proposals In 2006-2007: 1) Briar Patch; and, 2) the
Landings Projects. One two was approved by Council and recommended
funding for the Landings.
New Construction: During this CAPER period the following projects were
undertaken:
1) MAAC Project - Seniors on Broadway ($3,511,195 of HOME funds):
Construction continued on the affordable housing project which consists
of 41 very low income units. The project is scheduled to be completed in
FY 2007-2008.
2) The Landings ($920,000 of HOME funds): This project includes 92
affordable units (11 Home funded).
Rental Assistance:
Rental assistance was used to help those very low-income renters with the
greatest need. The City provided affordable housing rental assistance
through the Section 8 Program (administered by the County) and by the
Tenant Based Rental Assistance Program (TBRA) funded through HOME funds
and administered by City staff. During program year 2006/2007 the following
number of persons were served:
1) TBRA: 16 households
2) Section 8 Program: 2,625
First Time Homehllyer Programs'
The City redesigned the First Time Homebuyer Program to adequately assist
buyers in today's housing market. A contract with a non-profit Housing
agency was executed and will serve more people.
1). ADDI: A total of 11 families were assisted with down payment assistance.
Rehahilitation Programs'
In Program Year 2006-07, 8 households were provided with rehabilitation
services through the CHIP program using Redevelopment set-aside funds.
City of Chula Vista CAPER
Page 17 of 33 FY 2006-07
...' ",,' -: S-") S
E. Continuum ot Care Strategy:
Table II summarizes the activities and programs funded with ESG and CDBG
funds to assist the homeless from a continuum of care approach. These
activities benefit Chula Vista residents, which include emergency shelter,
transitional housing, social services (Le" job counseling/training), mental
health services, and general health services.
SOlJth Bay Community Services (SRCS)-
SBCS is the primary social service agency that provides homeless shelter and
services within Chula Vista. SBCS operates four transitional living programs in
Chula Vista and participates in the FEMA and County of San Diego
Hotel/Motel Voucher Program. In addition, SBCS participates in the San
Diego Regional Continuum of Care Council (CoC), which is comprised of
representatives from local government jurisdictions, federal agencies, non-
profit service organizations, and housing providers, Annually, the CoC
participates in funding allocations in response to HUD's Super NOFA which
brought an estimated $4 million in grants to support the regions homeless
programs.
ContinLJlJm of Cme
The City participates in the South Bay Homeless Advocacy Coalition which Is
comprised of local social service agencies that serve homeless persons in the
South San Diego County including Chula Vista. The group meets on a
monthiy basis. The agencies indicate that a growing need exists for Iimited-
term shelter or transitional facilities for homeless individuals and families. The
created a "white paper" which is an analysis of the immediate housing
needs to address the homeless needs of the South Bay region which consists
of the City of San Diego, Chula Vista, and National City. It has been
presented to he City's Public Safety Committee for review and will be
presented to the City Council on 2007-2008.
Refer to Table II attached for homeless shelters serving San Diego in the South
Bay area.
City of Chula Vista
Page 18 of 33
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CAPER
FY 2006-07
Table 11- Shelters for the Homeless Servina San Diego - South Bay
Bed
Agencies Program Name Target Population Special Needs Spaces City
seasonal Emergency Sheffer
Ecumenical ISN Ron She~er South Bay General Population General Homeless 12 Regional
Council of SO (mld-0ctober -March)
County
Transitional Sheller
MAAC Project Nostros Adult Men Only Substance Abuse 13 Chula Vista
SBCS Caso Nuestro Shelter Homeless Youth General Homeless 8 Chula Vista
SBCS Casa Nueva Vida Shelter Families w /Chlldren General Homeless 45 Chula Vista
SBCS Caso Segura Families w/Children Vlctlms Of Domestlc 40 Chula Vista
Violence
SBCS Transitional Housing Program Families w/Chlldren General Homeless 40 Chula Vista
Winter Hotel/Molel Vouche.. (November ",rough April)
MAAC Project Hotel/Motel Vouche", Families w /Chlldren At-R~k w/dlsablllty N/A Various
SBCS Hotel/Motel Vouche", Families w/Chlldren At-Risk w/d~ablllty N/A Various
Tolal Beds 15B
Source: Regional Task Force on the Homeless
City of Chula Vista
Page 19 of 33
CAPER
FY 2006-07
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Homeless Prevention Programs and Services
For the last few years, the City has allocated Community Development Block Grant
(CDBG) funds to South Bay Community Services (SBCS) for youth and family
support services and housing services. Located in Chula Vista, SBCS offers
assistance to persons who are "near homeless' through coordination of available
services and financial resources and counseling in such matters as financiai
management and family support.
For FY 2006-07, Chuia Vista continued to support services geared toward the
homeiess popuiation including:
. Thursday's Meals was provided $10,000 of CDBG funds and they served over
309 hot meals.
. Lutheran Social Services Project Hand was provided $8,000 to provide
emergency services in the form of food, clothing, transportation and
prescription vouchers to those in need. Funds will be used specifically for the
provision of direct services, operating expenses as well as salary for a Program
Manager.
. sacs was awarded $82,664 through the Emergency Shelter Grant program, to
support the operation of the Casa Nueva Vida which provides services in Chula
Vista. These services aim at homeless families, most of them victims of domestic
violence. They aim to develop a comprehensive strength-based family
assessment, after which together they develop a treatment plan so the clients
can work to re-establish self-sufficiency and end their homelessness. Funds are
used for operating and essential costs including child care, bus vouchers and
motel vouchers.
. The Regional Task Force on the Homeless was given $1,000 to help support
homeless research, distribution of homeless information, and homeless referral
services. The RTFH operates a unique (HUD mandated) Homeless Management
Information Systems that allows services agencies to track homeless client
information through a central database.
City of Chula Vista
Page 20 of 33
CAPER
FY 2006-07
i~ '
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F. Other Actions
1. Actions Taken to Address Obstacles to Meeting Underserved Needs:
The City is continuing in its effort to remove obstacles to meeting under-
served needs throughout the community. Chula Vista has made a
commitment to budget CDBG funds at the maximum allowable for public
service activities to offer citizens much needed programs and services in the
area of literacy, job training, youth activities, senior services, violence
prevention, meal delivery, and health care assistance for low-income
families. In addition, the City has hired additional staff to administer CDBG,
HOME, and ESG programs aimed at meeting the needs of low to moderate-
income residents throughout the City.
For FY 2006-07, Chula Vista allocated $344,928, ciose to the maximum
allowable for public service activities.
2. Foster and Maintain Affordable Housing:
The City has developed and utilizes an Affordable Housing Agreement for all
new housing deveiopments occurring in Chula Vista. This agreement
stipulates that 10 percent of the total dwelling units in a new development
must be set-aside for low and moderate income households. This
inclusionary housing requirement is strongly supported by the City Council
and has made it possible for affordable units to be co-mlngied with market-
rate units in all areas of the City.
The City also maintains housing through the Community Housing
Improvement Program (CHIP). The purpose of this program is to assist low
income households rehabilitate their existing home. Both single-family and
mobile homes are eligible to receive assistance.
Currently, the City of Chula Vista the MAAC Seniors on Broadway project is
under construction. 41 low-income rental units will be made available to
seniors. In addition, the City has entered into an agreement with a
developer to construct the' Landings. Project which consists of 92 affordable
units (11 HOME funded).
3. Eliminate Barriers to Affordable Housing:
The City has participated in the Mortgage Credit Certificate (MCC) program
since 1991. This program is offered to first-time home buyers purchasing
homes in Chula Vista. The purpose of this program is to assist low and
moderate income households purchase their first home. The main benefit of
the MCC program is in the form of a tax credit in the amount of 20 percent
of the mortgage interest paid annually. During 2006/07 a total of 12
Certificates were issued. No Certificates were reissued.
City of Chula Vista CAPER
Page 21 of 33 FY 2006-07
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4. Overcome Gaps in the Institutional Structure and Enhance Coordination:
To assure the effective use of funds and efficiency in the delivery of seNices,
the City's institutional structure consists of many departments working
together to provide seNices to City residents. In particular, the
Redevelopment Agency and the Community Development Department
work closely together to provide housing, community, infrastructure, and
economic development activities.
The City also collaborates with many organizations, such as public seNice
agencies, Homeless Shelters, and Community Housing Development
Corporations (CHDO's) which playa role in implementing the City's five-year
strategy. The coordination of these organizations rests within the Community
Development Department of the City.
The City also relies on the Regional Coordinators Meetings. These meetings
are attended by all jurisdictions in the County of San Diego and Imperial
County as well as a minimum of one HUD representative. Items discussed
include changing and new regulations applicable to the CDBG, HOME and
ESG grant programs.
5. Improve Public Housing Residential Initiatives:
The Housing Authority of the County of San Diego (HACSD) operates four
conventional public housing developments in Chula Vista, with a total of 120
units. They are all managed by T errantlno Property Management and were
recently upgraded to meet ADA and Section 504 compliance. These public
housing units include:
. Dorothy Street Manor - 22 iow income family units
. Melrose Manor - 24 low income family units
. Town Centre Manor- 59 low Income senior/disabled units
. L Street Manor - 16 low Income family units
The Housing Authority has formed a Public Housing Resident Association in
order to Increase resident awareness and involvement in the enhancement
of their housing environment and operations. There were no needs that
required funding from the City during FY 2006-07, and the agency Is not
designated as troubled; thus, no additional funding was given to the
agency.
6. Evaluate and Reduce Lead-Based Paint Hazards
The City of Chula Vista has a two-tiered approach to the evaluation and
elimination of lead-based paint hazards where the problem has been
determined to be most prevalent. The County of San Diego's lead-based
paint hazard evaluation program, known as the Childhood Lead Poisoning
City of Chula Vista CAPER
Page 22 of 33 FY 2006-07
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Prevention Program (CLPPP), involves outreach, screening, case
management, and public education. The overall lead poisoning program is
administered through the County of San Diego, Department of Health
Services (DHS).
The City also has in place a loan/grant program to assist homeowners
alleviate lead-based paint hazards through the Community Housing
Improvement Program (CHIP); however, the City utilizes Low and Moderate
Income Housing Funds for this purpose.
As part of the City's First-time Homebuyers Program and Residential
Rehabilitation Program, lead-based paint hazard evaluation and
remediation is incorporated Into these programs as follows:
Owners are provided with information regarding: 1) Sources of LBP, 2)
Hazards and Symptoms, 3) Blood Lead Level Screening, 4) Precautions, 5)
Maintenance and Treatment of LBP Hazards, 6) Tenant and Homebuyer
Responsibilities
Prior to rehabilitation loan/grant approval, the homeowner read and sign a
copy of information received. In addition, the City's Building and Safety
Department checks for signs of LBP when inspecting for code violations and
physical condition of the properties being assisted, and abatement should
occur based on federal guidelines pertaining to the amount of assistance
given.
The City is interested in applying for the next round of Lead Hazard Protection
grant funds that are available. The Environmental Health Coalition is
supportive of the City's interest in obtaining grant funds.
7. Reducing the Number of Persons Living Below the Poverty Level
The City is continuously exploring options to expand economic and
employment opportunities for low to moderate income residents in order to
help alleviate poverty. In addition, the City supports a range of programs
that to address poverty including:
. Technical assistance to develop the job training and skills
. Public assistance payments
. Social Services such as legal assistance, child care, health care,
transportation, housing, education, and services for the elderly and
disabled who are on fixed incomes.
. Programs that serve the people who are homeless and/or are at-risk of
homelessness
City of Chula Vista
Page 23 of 33
CAPER
FY 2006-07
~. :;;' 5;":3/
8. Ensuring Compliance with Program and Comprehensive Planning
Requirements:
Monitoring for the City of Chula Vista is directed toward programmatic,
financial and regulatory performance. The primary objects are to ensure
that all sub-recipients:
. Comply with pertinent regulations governing their administrative,
financial, programmatic operations;
· Achieve their performance objectives within schedule and budget; and,
. Assess capabilities and/or any potential needs for training or technicai
assistance in these areas.
Carefui evaluation of the h9using and public service delivery system can be
the most effective tool in detecting gaps and making appropriate
modifications. As such, the City of Chula Vista monitors and evaluates its sub-
recipients, CHDO's, and CBDO's as part of the pre-award assessment.
Evaluation of the nature of the activity, proposed plan for carrying out the
activity, the organization's capacity to do the work, and the possibility of
potential conflicts of interest are within the pre-award assessment.
After awards have been made Quarterly Progress reports are required of
each sub-recipient, which must be current prior to approval of any request
for reimbursement of expenditures. In addition to the Quarterly Progress
reports, annual monitoring is conducted to ensure compliance with federal
regulations. Agreements made with sub-grantees encourage uniform
reporting to achieve consistent information on beneficiaries. Technical
assistance is provided throughout the year, in addition to the City.s annual
Subrecipient training.
City of Chula Vista
Page 24 of 33
CAPER
FY 2006-07
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G. Leveraging Resources:
With regard to CDBG funds, the majority of leveraging occurs in the capital
improvement budget and with Redevelopment funds. The availability of
alternative resources to be utilized with CDSG includes Development Impact
Fees, Park Acquisition and Development Fees, Gas Tax, State Department of
Transportation funds, and the General Fund. Chula Vista makes every effort
to leverage resources in the production of affordable housing. The Chula
Vista Housing Authority leverages funds through the issuance of bonds.
Chula Vista also leverages its resources through inclusionary housing and by
using Low and Moderate Income Housing Funds. Through this leveraging of
resources, the city is able to produce additional units. Matching
requirements are satisfied through carry over of non-HOME resources that
serve as qualifying match. A HOME Match report is provided in Appendix D.
H. Summary of Citizen Comments:
For FY 2006-07, availability of the CAPER for public review and comment was
published on August 24, 2007 in the Star News. The public Review and
Comment period started on August 25, 2007 and ended September 25, 2007.
and was available at the Community Development Department. No
comments were received.
I. Self Evaluation:
Overall the City of Chula Vista has made an impact to the community
through the use of CDBG, HOME, and ESG funds. As demonstrated
throughout this report, funds continue to be budgeted at the maximum
allowable for social service programs. The City has also budgeted CDSG
funds for capita improvement projects. Other projects that have an impact
on the community which continually receive funding include graffiti
eradication (General Fund), senior rehabilitation activities, community
development activities, homeless services, and fair housing activities. City
continues to be a regional leader in the provision of affordable housing.
Funding local based organizations that assist locai residents has been a high
priority with the Chula Vista City Council and this priority continues to be
supported by the community.
City of Chula Vista
Page 25 of 33
CAPER
FY 2006-07
5"~
In January of 2007, the City received HUD's Year Review Letter for the 2005
Program. The letter contained the City's overall performance in the following
categories:
1) Continuum of Care: Acceptable Performance
2) Decent Housing: Improvement Needed
3) Economic Opportunity: Improvement Needed
4) Suitable Living Environment: Acceptable Performance
5) Program Requirements: Improvement Needed
In response to the above correspondence, the City has taken the necessary
steps to address those categories which were rated with "Improvement
needed". Most notable is the CDBG Clean-up, which was completed in its
entirety within the last year. The City also included a more detailed
description of the City's housing activities.
In April 2007 the HUD Office of Inspector General conducted an extensive
audit of the HOME Program. The audit objective was to determine if the
City's: internal controis and financial management practices were
adequate; if the funded activities were eligible and provided adequate
documentation to support its eligibility; matching funds were eligible and
supported; and, monitoring and housings standards were adequate. The
final audit report concluded that the City administered the HOME program in
accordance with all HUD requirements.
In conclusion, the City of Chula Vista was successful in fulfilling the goals and
objectives outlined in the 2005-2010 Consolidated Plan in its first year of
implementation.
As the City's population increases, the necessary resources will continue to
be targeted for social service programs, capital improvement projects,
economic development projects, community projects, and pianning and
administration. The funding sources for these programs will come from a
variety of sources outside of CDBG and HOME. These funds include the
Redevelopment Agency 20"k set-aside funds and the General Fund.
City of Chula Vista
Page 26 of 33
CAPER
FY 2006-07
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II. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SPECIFIC REQUIREMENTS
A. Use of CDBG Funds in Relation to Consolidated Plan Priorities, Needs, Goals,
and Objectives:
Refer to Section I - Generpl Assessment/ A. Assessment of Five-Year Goals
B. Efforts in Implementing the Planned Actions:
For further information on planned actions, refer to Section I - General
Assessment and Subsection H - Self-Evaluation.
C. Compliance with National Objectives:
Under HUD regulations, CDBG-funded activities must meet at least one of the
following three national objectives:
. Activities benefiting low- and moderate-income persons
. Activities which aid in the prevention or elimination of slums or blight
. Activities designed to meet community development needs having a
particular urgency
In Program Year 2006-2007 all of the CDBG-funded activities complied with the
nationai objective requirements under the benefits to low- and moderate-
Income people criteria. Assistance to public seNice agencies were qualified
under Limited Clientele; all others are qualified under either Low/Mod Area,
Low/Mod Housing, or Low/Mod Jobs. All of these activities were tracked
without using the presumed benefit criteria, with the exception of the family
violence programs and the ADA Curb Cut Program.
D. Displacement and Relocation Activities:
The City has not undertaken any activities that involved acquisition,
rehabilitation, or demolition of occupied property during FY 2006-07. Thus, no
displacement or relocation activities took place.
E. Funding Changes:
During program year 2006/2007, the City made no amendments to the Annual
Action Plan Funding Plan.
F. Certifications of Consistency:
The City of Chula Vista provided one certification of consistency during FY
2006-07 as follows:
o South Bay Community SeNices: Transitional Housing SeNlces
City of Chula Vista
Page 27 of 33
CAPER
FY 2006-07
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G. Assessment of Efforts Made In Carrying Out Planned Actions
Chula Vista receives CDBG and HOME entitlement funds as highlighted in the
Public and Private Resources Available for Housing and Community
Development Activities. In addition, Chula Vista benefits from the Section 8
voucher program administered by the County of San Diego Department of
Housing and Community Development. Other resources highlighted include
ESG and MCC. Chula Vista participates in the MCC program and twelve
(12) certificates were issued in FY 2006-07. In addition the City received
Emergency Shelter Grant funds totaling $86,993.
H. Economic Development Activities to Create/Retain Jobs:
Unfortunately, during fiscal year 2006-07, the City was still advised by HUD not
to pursue Economic Development Activities. Now that the City's program hs
been cleared, the City may be able to allocate HUD funds for economic
development activities in the future.
I. CDBG Funds Used to Benefit Limited/Low to Moderate Income Clientele:
For FY 2006-07, Chula Vista provided a number of CDBG funded activities
that benefited Low Mod Clientele. For the Public Services programs,
organizations are required to submit quarterly reporting forms highlighting the
specific activities undertaken to assist LMC households. Additionally, all
capital improvement projects are located in eiigible census tracts that
benefit LMC residents in each area served. Chula Vista's eligible census
tracts range from 55 percent to 79 percent low/mod.
J. Program Income:
For FY 2006-07 Chula Vista did not receive program income.
. No program income was returned to a revolving fund
· No float funded activities occurred
. Program income was not received by sale of property
. No other loan repayments occurred
. No loan write-ofts or adjustments occurred
. No parcels of CDBG acquired property were available for sale
. No lump sum draw down payments were received
City of Chula Vista
Page 28 of 33
CAPER
FY 2006-07
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III. HOME PROGRAM SPECIFIC NARRATIVE
A. Distribution of HOME Funds
For FY 2006-07 Chula Vista received $1,027,072 in HOME funds, which were
distributed as follows. Previous years CHDO set-aside funds were committed in
FY 2006-07.
Table III: HOME Proaram Fundina Cateaories
Category Amount
Administration $93,000
CHDO Set-Aside $140,599
Production of Affordable Housing $263,722
ADDI First-time Homebuyer Program $17,444
Tenant -based Rental Assistance Program $440,000
TOTAL $954,765
B. HOME Program Match Report (HUD 4107-A):
For FY 2006-07, according to the C04PR33 IDIS report, Chula Vista's match
liability totals $385,312. The City currently maintains an excess of $28 million in
total match contributions avaiiable.
C. Contracting Opportunities for Minority and Women-Owned Business:
When HOME funds are provided for financial assistance of construction, the
non-profit or for-profit developer must advertise that the project is federally-
funded and encourages MBE's to apply for contract seNices.
D. Summary of Results of On-site Inspections of HOME Rental Units:
In FY 2006-07, the City entered into an agreement with Affordable Housing
Consultant to inspect all affordable housing units funded with HOME funds.
These units included:
. Brisa del Mar
· Rancho Buena Vista
. Trolley Terrace
The inspection report concluded that all HOME funded units were operating
in compliance with the prescribed federal regulations.
E. Assessment of Effectiveness of Affirmative Marketing Plans:
When HOME funds are provided for financial assistance the non-profit or for-
profit developer is required to provide Chula Vista with their affirmative
marketing plan.
City of Chula Vista
Page 29 of 33
CAPER
FY 2006-07
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Minority Home Ownership: In the past, a difference in rates of
homeownership between minority and white househoids was significant. In
response to the statistics and their implications, increasing minority
homeownership became a priority for the City Of Chuia Vista. Effective
marketing strategies ensured that the minority population of the City was
informed of the home ownership opportunities within the City. Within the last
five years, 75-80% of the City's First-Time Homebuyer and Home Improvement
Loan Programs have been minorities. With the continuation of the marketing
strategies in place, the City anticipates continuation of the overwhelming
participation among minorities. Marketing strategies includes advertising in
the local newspapers, placement of housing opportunities in the City's
website as well as communication via the City's partnering social service
agencies. Applying the demographics of the city to potential applicant
demographics, it is estimated that approximately 50 percent of the
applications received will be from Hispanic residents, 4 percent from African
American residents, and 11 percent from Asian residents; thereby potentially
befitting a significant portion of the minority population.
F. Program Income
For FY 2006-07 Chula Vista did not receive HOME program income from loan
payoffs.
G. American Downpayment Initiative (ADDI)
A total of $ 17 A44 of ADDI funds were allocated in conjunction with the City's
existing First Time Homebuyer Program. ADDI funds assist lower income
families meet the initial down payment and closing costs, which is the most
significant obstacle to home ownership among lower income families. The
City provide an average of $5,000 in assistance to help approximately 11
new home buyers.
City of Chula Vista
Page 30 of 33
CAPER
FY 2006-07
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IV. Emergency Shelter Grant Program (ESG) Specific Narrative
A. Homeless Service Activities Be Accomplishments
The City has ailocated $82,664 of Emergency Shelter Grant (ESG) funds to
South Bay Community Services to provide transitional housing services in Chula
Vista. These services are aimed at homeless families, most of them victims of
domestic violence. They strive to develop a comprehensive strength-based
family assessment, after which together they develop a treatment plan so the
clients can work to re-establish self-sufficiency and end their homelessness.
Funds are used for operating costs and essential services including child care,
bus vouchers and motel vouchers.
B. Summary of One-Year Accomplishments
During Fiscal Year 2006-2007 a total of 244 Persons were assisted
C. Geographic Allocation of ESG Resources
During FY 2006-07, the activities funded by the ESG program were used to
serve homeless or at risk of becoming homeless youth In the community.
Table IV: ESG Funding Cap Compliance
Budget Category (CAP) $82,644
Essential Services $19,815
ODeratina Costs $68,829
II,dministration of the Grant $4,349
otal $86,993
D. Matching Resources
The City ESG Grant is smail; therefore, it is matched in excess of the required
minimum amount (10ook). An approximate ratio of 2: 1 is achieved for the
activities supported by Private Party Donations ($96,910), Fees ($15,345), and
other contributions ($66,701).
E. Discharge Coordination Policy
The foilowing summarizes the City of Chula Vista's (in coilaboratlon with
the County of San Diego) activities related to formalizing the
implementation of a cohesive protocol of a community-wide Discharge
Coordination and Discharge Policy.
Foster Care: The City of Chuia works with the County of San Diego of San
Diego's Foster Care System discharge planning protocol includes the
foilowing information and/or steps:
City of Chula Vista
Page 31 of 33
CAPER
FY 2006-07
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. Written information about the youth's dependency case, including
family and placement histories and the whereabouts of any siblings
who are under the jurisdiction of the juvenile court;
· Anticipated date court jurisdiction is expected to be terminated;
. Health plans (if not already covered by Medi-Cal)
· Legal document portfolio that include: Social Security Card, Certified
Birth Certificate, Driver's License and/or DMV identification card,
2copies of parent(s) death certificate(s), proof of citizenship/residence
status.
. Housing plans including referral to transitional housing or assistance in
securing other housing;
. Employment or other financiai support plans;
. Educational/vocational plans including financial aid, where
appropriate
. Transitional housing for youth transitioning from the foster care system
operated by South Bay Community Services in Chula Vista.
HACllth CmA: The San Diego County Health and Human Services Agency is
the lead agency that has commissioned a research project to identify
concerns and prepare recommendations for homeless (and other targeted
populations) exiting local health care systems. The City of Chula Vista Is an
integral part of this process.
Mental HACllth: The Health Care Systems in San Diego County are working
towards formalizing the discharge protocol for low income and no income
individuals. At the present time, homeless persons are eligible for a series of
services through referral on release from inpatient or emergency medical
facilities.
After release, access to service information remains available through the
San Diego Center and the Network of Care Program.
Services include:
. Health Insurance Counseling and Advocacy Program (HICAP)
NeedyMeds Program; and
. Mobile Units that provide access to care in remote locations.
The Network of Care Program offers specific information for homeless
persons. The Center reduces barriers to care by providing information in
seven languages. Resources are updated through the United Way Info Line
to ensure regular updates.
CmrAdions: Services and discharge planning for individuals released from
county correctional facilities are found in the Public Information Handbook
City of Chula Vista CAPER
Page 32 of 33 FY 2006-07
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prepared by the San Diego County Sheriff's Department. SeNices are
summarized in the SD Sheriff's Health & Mental Health SeNices Discharge
Plan - form J266.
The County Sheriff's Department has designated staff positions as homeless
liaisons, mental health specialists, and an American with Disabilities
Coordinator to assist with individual discharge plans for inmates who have
received health or mental health seNices while in custody.
The Mental health Psychiatric Security units of the jail (licensed by the State
Dept of Mental Health) operate under the pUNiew of the state level
discharge plan. A multi-disciplinary team working with the homeless provides
discharge plans and case management to ensure continuity of care upon
release.
City of Chula Vista
Page 33 of 33
7~: .Ie 'S'" '://
CAPER
FY 2006-07
CITY COUNCIL
AGENDA STATEMENT
December 18, 2007, Item~
ITEM TITLE:
PUBLIC HEARING: GPA 07-0S/PCM 07-04: Consideration
of the following applications filed by IRE Development, for
three separate parcels totaling approximately 44 acres within
the existing EastLake Business Center II.
a) GPA 07-05: General Plan Amendment to change the
land use designation of 16.7 acres at the northeast
comer of Fenton Street and Showroom Place from
Light Industrial to Retail Commercial.
b) PCM 07-04: amendments to the EastLake II General
Development Plan (GDP), and EastLake Business
Center II Sectional Planning Area Plan (SPA), and
Planned Community District Regulations, Land Use
Districts Map and associated regulatory documents.
RESOLUTION: of the City Council of the City of
Chula Vista adopting the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program IS-07-015;
approving amendments to the City's General plan, the EastLake
II General Development Plan, the EastLake Business Center II
Supplemental Sectional Planning Area (SPA) Plan, Public
Facilities Financing Plan and associated regulatory documents
for 44 acres at the northeast, northwest and southwest comers of
Fenton Street and Showroom Place within the EastLake
Business Center.
SUBMITTED BY:
REVIEWED BY:
ORDINANCE: of the City Council of the City of
Chula Vista approving amendments to the EastLake II Planned
Community District Regulations and Land Use Districts Map.
~~rector OfPlanni.?Uji d B~~111inA~
City Manager I 'f;!/v //
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Assistant City 1im ger S'-
6-1
Page 2, Item~
Meeting Date: 12/18/07
4/5THS VOTE: YES D NO 0
BACKGROUND
The applicant is proposing to introduce commercial retail uses within the existing
EastLake Design District in order to complement the existing furniture and home
decorating businesses presently in the District. The additional commercial uses are
intended to bring more foot traffic to the District, improving its mercantile posture and
potential for success. The applicant is also proposing certain modifications to the
property development standards to accommodate up to five story buildings, special
parking ratios and professional and medical office uses, including medical clinics.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has conducted
an Initial Study, IS-07-015 in accordance with the California Environmental Quality Act.
Based upon the results of the Initial Study, the Environmental Review Coordinator has
determined that the project could result in significant effects on the environment.
However, revisions to the project made by or agreed to by the applicant would avoid the
effects or mitigate the effects to a point where clearly no significant effects would occur;
therefore, the Environmental Review Coordinator has prepared a Mitigated Negative
Declaration, IS-07 -015.
RECOMMENDATION
Adopt the Resolution and Ordinance for GPA-07-05 and PCM 07-04 based upon the
findings and subj ect to the conditions contained therein.
BOARDS/COMMISSION RECOMMENDATION
On November 28,2007, the Planning Commission voted (5-0-1-1) (Vinson abstaining,
Moctezuma absent) to recommend that the City Council adopt the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program IS 07-015 and adopt the
Ordinance and Resolution approving the Project.
On November 5, 2007, the Resource Conservation Commission (RCC) discussed the
adequacy of the Mitigated Negative Declaration (MND) for EastLake Business Center
(IS-07-015). Following a presentation by the applicant and commission deliberation,
the RCC voted (6-0-1-0) (Mosolgo abstaining) to find that the Initial Study was adequate
and recommended that the City Council adopt the same.
6-2
Page 3, Item-4z.-
Meeting Date: 12/18/07
DISCUSSION
Background:
The Eastlake Business Center SPA was established in 1985. In November 1999, the
EastLake Business Center II SPA was created to allow a 108-acre expansion of the
original Business Center. The SPA was approved in order to complete the anticipated
employment/industrial development within the EastLake Planned Community. In April
2005, an amendment to the SPA document was approved to allow approximately 35 acres
near the eastern edge of the Business Center to be developed as a home
improvement/design center. To date, Phase I of the EastLake Design District, consisting
of approximately 234,000 square feet of building, has been constructed on approximately
16.7 acres. Phase II consists of approximately 17.7 acres and is located just west and
north of the existing Design District (see Locator Map). This area is part of the total
approximately 35 acres currently regulated by the Design District Overlay established in
2005.
A neighborhood meeting took place on September 12, 2007 to introduce the Applicant's
development and rezoning proposal. Approximately 40 residents and business owners
attended the meeting and commented on the project. Most of the concerns expressed at
the meeting were related to the proposed increase in building height and massing.
However, the applicant was commended for the quality of the proposed development and
the recently completed EastLake Design Center.
Project Site Characteristics:
The 44-acre project site encompasses the easternmost portion of the existing EastLake
Business Center. The site is bounded by Otay Lakes Road to the south, existing EastLake
Business Center to the west, Rolling Hill Ranch residential development to the north and
EastLake Woods West to the east of the site (see Locator Map). Due to the size, location and
configuration, the overall project site has been divided into three areas: Area A consists of
16.7 acres located at the northeast comer of Fenton Street and Showroom Place. The site
contains the existing EastLake Design District. Area B consists of 17.7 acres at the northwest
comer of Fenton Street and Showroom Place. The site is consists of vacant leveled building
pads. Area C, located south of the intersection of Fen ton Street and Harold Place, consists of
9.6 acres and is also a building pad (see Locator).
6-3
Page 4, Item~
Meeting Date: 12/18/07
The following tables summarize the existing and surrounding land sues to the project site:
General Plan CV Municipal PC District Land Existing Land Use
Code Zoning Use Designation
Site: Area A Light Industrial PC, Planned BC-l with Design EastLake Design
Community District Overlay District
North Light Industrial PC, Planned BC-l with Design Vacant
Community District Overlay
South Fenton/Otay Lakes N/A N/A N/A
Road
East Residential ( 3-6 PC, Planned RPI, Single Family
dn/ac) Community RP2,Residential detached SF
Residential
West Showroom Place N/A N/A N/A
General Plan CV Municipal PC District Land Existing Land Use
Code Zoning Use Designation
Site: Area B Light Industrial PC, Planned BC-I; Design Vacant
Community District Overlay
North Residential (3-6 PC, Planned SF AlSF3 single Single Family
dn/ac) Community family detached Detached homes
residential
South Fenton Street N/A N/A N/A
East Showroom Place N/A N/A N/A
West Light Industrial PC, Planned BC-I, Light Industrial
Community Condominiums
6-4
Page 5, Item~
Meeting Date: 12/18/07
General Plan CV Municipal PC District Land Existing Land Use
Code Zoning Use Designation
Site: Area C Light Industrial PC, Planned BC-l Vacant
Community
North Fenton Street N/A N/A N/A
South Olay Lakes Road N/A N/A N/A
East Light Industrial PC, Planned BC-l Medical Offices
Community
West Light Industrial PC, Planned BC-I Hitachi Corporate
Community Office
Project Description:
The proposed amendments are more specifically described below:
General Plan Amendment
Amend the General Plan land use diagram, text and statistics to change the land use
designation of Area A from Limited Industrial to Commercial Retail (see Attachment 6,
GP tab)
EastLake II General Development Plan
Amend the EastLake II General Development Plan land use diagram, text and statistics to
change the land use designation of 16.7 acres at the northeast comer of Fenton Street and
Showroom Place (Area A) from lR, Research and Limited Industrial to CR, Retail
Commercial (see Attachment 6, GDP tab)
EastLake Business Center II Supplemental Sectional Planning Area (SPA) Plan
Amend the EastLake Business Center II Sectional Planning Area (SPA) Plan Site
Utilization Plan, text and statistics to reflect the introduction of a new 16.7 acre
commercial parcel (E-l3), and the reduction in size/acreage of parcel E-12 from 75.4 to
58.74 gross acres and corresponding reduction in net acreage from 58.2 to 41.5 acres (see
Attachment 6, SPA tab).
EastLake II Planned Community District Regulations
Amend the EastLake II PC District Regulations as follows:
a. Amend Section 111.1 to add a new VC-5 land use district and parking
provisions for Area A.
b. Amend Section lV.I to add a new BC-41and use district for Areas B and C.
c. Repeal Section lV.2 and 3, Design District Overlay.
6-5
Page 6, Item ~
Meeting Date: 12/18/07
d. Amend Section N.4(A) to increase building height from range of 35ft. to 60
ft. to maximum of 76 ft. with approval of Design Review Committee for
Areas B and C.
e. Amend Section VIlLI to incorporate shared parking provisions for this
project, and establish prerequisites and requirements.
f. Amend Section VIII.2.B to change parking ratios for furniture stores from 1
space per 600 s.f. to 1 space per 1,100 s.f.
g. Amend Land Use District Map to remove the Design District Overlay and
introduce a new VC-5 land use district for Area A and change the underlying
land use district for Areas B and C from BC-1 to a new BC-4 land use district.
(See Attachment 6, PC District Regs. tab).
Design Guidelines
h. Amend Section II.4.5, Individual Lot Design Criteria to increase the permitted
building height from 35 to 60 feet to maximum of 76 feet with approval ofthe
Design Review Committee for Areas B and C inclusive.
1. Add separate section design criteria for buildings higher than 35 feet as well
as additional building setbacks required from property lines.
(see Attachment 6, Design Guidelines tab).
Public Facilities Finance Program (PFFP)
Amend applicable sections of the PFFP to reflect the reduction in the
industrial land inventory in the EastLake Business Center from 100 to 83.3
acres and increase of commercial land use at 16.7 acres (see Attachment 7).
Air Quality hnDrovement Plan
Amend the Air Quality hnprovement Plan to reflect the new 16.7 acres of
commercial land use and the reduction of industrial land from 100 to 83.3
acres. (see Attachment 6, AQlP tab)
Water Conservation Plan
Amend the Water Conservation Plan to reflect the new 16.7 acres of
commercial land use and the reduction of industrial land use designation by
the same amount (see Attachment 6, WCP tab)
Analysis:
Land Use
The existing land uses presently found in the Design District (Area A) consist primarily
of furniture stores and wholesale/retail distribution and showroom businesses related to
home improvement merchandise. These existing land uses are not typically
representative of light industrial land uses such as warehousing and light manufacturing.
However, a previous amendment to the EastLake Business Center II SPA (approved in
2005) allowed the introduction of specialty retail land uses under an overlay zone known
6-6
Page 7, Item~
Meeting Date: 12/18/07
as Design District Overlay zone (see Attachment 8, PC District Regs, section IV.2). To
date, Area A was designed and operated in a semi-industrial manner, but has not been as
successful as originally expected. The applicant believes, and staff concurs, that
additional commercial activity such as restaurants, bars and specialty stores related to
home improvement could improve the commercial activity in the center, and therefore
position it as a more successful component of the EastLake Master Plan Community.
The conversion of 16.7 acres from Industrial to Commercial represents 7.4 percent of
industrial land within the EastLake Planned Community. Further analysis shows that the
16.7 acres represents less than 1.3% of the industrial lands in eastern Chula Vista and less
than 1 % of the overall industrial lands within the City. Therefore, the percentage of
industrially designated land being lost is fairly small in comparison to the total amount of
industrial land available in the City.
The establishment of the EastLake Design District Overlay Zone introduced land uses
oriented more towards commercial retail, which is consistent with the current request to
change the existing General Plan land use designation from Light Industrial to
Commercial Retail. Staff is of the opinion that the proposed Commercial Retail land use
designation would reflect more accurately the existing commercial pattern. The proposed
amendment therefore, brings consistency between the General Plan and the EastLake II
Business Center GDP and SPA.
EastLake II Planned Community District Regulations Amendments:
The EastLake Planned Community (PC) District Regulations function as the zoning
regulations for the EastLake Business Center. The PC District Regulations provide
standards and regulations to guide the development of the project. These regulations are
applied in conjunction with the Design Guidelines for the EastLake Business Center II
Supplemental SPA.
The PC District Regulations were previously amended in 2005. The Design District
Overlay regulates and supercedes the land uses allowed by the underlying SPA land use
district.
The SPA amendment established Section IV.2 and IV-3, Design District Overlay
Designation, to introduce specific land uses and developmental and operational
parameters to change the Design District.
Land Use
Area A
The project proposes an amendment that would change the existing BC-l (with design
district overlay) to a new land use district category of Village Center 5 (VC-5) District.
Area A would be the only property within the EastLake Business Center II with the VC-5
Land Use District designation. Although the current proposal is to allow the entire Area
A to be converted to commercial retail, this is predicated upon the project meeting the
6-7
Page 8, Item ~
Meeting Date: 12/18/07
parking standards for each individual type of land use proposed under the VC-5 District.
The Parking section discusses parking for Area A in more detail.
As indicated above, the requested change in land use from BC-l to YC-5 is not
considered a significant change given the existing land uses already occurring within the
Design District. The fact that certain retail uses are already allowed (furniture stores,
home improvement retail in conjunction with showrooms) has demonstrated the
appropriateness of other types of retail uses complementary to the District. While the
proposed land use category is similar in nature to the VC-l, Village Commercial, there
are certain uses, which while allowed in the YC-l, will be prohibited in the proposed VC-
5 district due to the unique characteristics of the site and surrounding area. Prohibited
uses will include gasoline service stations, libraries, post office or convalescent homes
and hospitals. To adopt this existing industrial complex to commercial and improve the
mercantile posture of existing and future tenants, certain modifications to the
development standards are necessary.
Areas B and C
While the Land Use District Overlay is being removed as part of the entitlement requests,
the applicant is requesting to change the land use designation for Area B from BC-l to
BC-4. Although a hotel and office are currently proposed for Area C, the applicant has
requested the same BC-4 land use provisions apply for this area as well.
In terms ofland use the new district will be very similar in nature to BC-3. Unlike BC-l,
the BC-3 land use designation allows certain additional land uses such as medical clinic
land use with a Conditional Use Permit. Staff supports this as an appropriate designation
in that it is located in an area that could be considered a transition between retail and
more business park/industrial type uses. The site itself is physically separated
topographically from the adjacent residential land uses to the north and east. Further
analysis in terms of parking and traffic could take place as part of the CUP process.
Parking
Area A
The EastLake Design District (Area A) is an existing development that is proposing an
amendment to allowable uses within the existing buildings. A traffic and parking study
was prepared by Linscott Law & Greenspan (March 16, 2007) ("LLG") for Area A. This
study assumed an increased mix of commercial uses typical of what the proposed
amendments would allow. The study concluded that there would be adequate parking.
Further, additional uses cannot be approved absent evidence of adequate parking
availability. The study included a 15% mixed-use reduction and credit based on patrons
from the same vehicle patronizing more than one business per trip.
Staff concurs with the recommendations presented in parking study, to adopt the Urban
Land Institute parking standards for furniture stores. Based upon this study, the applicant
6-8
Page 9, Item~
Meeting Date: 12/18/07
is requesting a reduced parking standard for this land use of 1 space per 1,100 s.f. The
site contains unique characteristics, including 1) vehicular access which is more
conductive to a business center than a typical retail center 2) and the exiting Design
District contains a number of large suites currently occupied by such furniture retailers as
Bassett and Lane.
The proposed PC District Regulations will require that new establishments will be
required to demonstrate adequate parking to the satisfaction of the City (see section III.!
footnote 3 of Attachment 6)~
Area B
There is no specific proposal for Area B at this time. However, when development
occurs, it will be required to provide parking on-site that is consistent with the EastLake
Business Center II Planned Community District Regulations.
Area C
Another parking study was prepared by the traffic engineering firm of LLG (September
2007) to determine the adequacy of proposed parking on-site for Area C. In particular,
the second parking study sought to address the parking needs for approximately 8,800
square feet of proposed conference room space proposed by the hotel land use. The City
of Chula Vista does not have parking standards that specifically address hotels with
conference room space. A survey of other municipal jurisdictions was also conducted in
order to obtain clearer requirements for conference room space. For the purposes of
determining the parking demand, the City assumed that dedicated conference space
would require parking in addition to the City's standard requirement for hotels. The
parking study determined that adding the requirement of 1 space per 100 sq. ft. of gross
floor area of dedicated conference space in a hotel would adequately address the overall
hotel parking requirement.
The parking study took into account the fact that hotel, conference center and office uses
create peak parking demand at different times of the day. It also noted that the proposed
hotel is a business hotel, not a tourist hotel. The target market for the hotel is business
travelers visiting local companies to conduct business or corporate executives visiting a
satellite office in Chula Vista. Business travelers and local companies holding small
conferences or meetings in a space larger than the typical office conference room will use
the conference room space. The hotel peak demand occurs from !0:00pm to 6:00am
while the office peak demand occurs at 8:00am to 5:00pm. The study demonstrates that,
even assuming an additional 88 parking spaces (based upon 1 space per 100 s.f.) need to
be provided for the conference rooms independent of the standard hotel parking
requirements, there is adequate parking for the hotel (with conference rooms) and the
office building to operate independently (see Attachment 4). The owner's of the
Corporate Center hotel and office buildings will be entering into a private reciprocal
parking agreement to share parking as needed between the properties in order to take
advantage of their different peak demands and the minimum of35 excess parking spaces
6-9
Page 10, Item~
Meeting Date: 12/18/07
that are available at anyone time.. This agreement will ensure a seamless parking facility
for all uses on evenings and weekends.
In addition to the above, the parking requirements for the proposed VC-5 and BC-4
Districts (Areas A, B and C) will also be amended to provide a new standard for
furniture stores and to allow for shared parking subject to a specific procedure,
demonstrating adequate parking (see Attachment 7, PC District Regs. Tab, Section VIII).
Building Height
One of the main reasons for the creation of a new Land Use District (BC-4) as opposed to
relying on the existing BC-3 district is to accommodate the requested building height
increase from 35 feet to 76 feet. Visual Simulations were prepared for Areas B and C
(see Attachment 2, Appendix A, and Attachment 3, Figure 5 and 6). Visual Simulation
for Area A was not prepared because the buildings already exist and no future
construction on the site is proposed.
Area B
Photo simulations of a conceptual project to illustrate the potential visual impact of
future development containing buildings with a height of 76 feet were shown at a
building setback of 210 feet from the north property line and 80 feet from the easterly
property line. The photo simulations were taken from observation points within the
Rolling Hills Ranch residential development that abuts Area B to the north and from
EastLake Woods West residential development, which abuts Area B to the east (see
Attachment 2, Appendix A). The photo simulations illustrate that a combination of
increased building setbacks, architectural design and well articulated building mass
blended well with the existing industrial buildings. Visibility of the proposed building
from the different points in the surrounding residential neighborhoods is limited to the
top floors. The proposed combination of building height setback ratio along with
additional design criteria for buildings over 35 feet in height will ensure that future
proposed development does not produce any adverse visual impacts to surrounding
neighborhoods. At the time when actual development is proposed, the applicant will be
required to prepare additional visual analysis in conjunction with a request for approval
of Design Review entitlements by the City of Chula Vista Design Review Committee
(DRC)
Area C
A Visual Analysis Report was prepared by Jones and Stokes (June 2007) to analyze the
Corporate Center. (see Attachment 3, Figure 5 and 6) This report analyzed the impact of
the proposed development from 10 Key Observation Points (KOP). Visual simulations
of the project were created and analyzed to determine the aesthetics of the height and
mass of the buildings. Staff concurs with the report findings, based upon the photo
simulations provided, as well as staffs field visits, that development would be
compatible with the surrounding neighborhoods.
6-10
Page II, Item---L2-
Meeting Date: 12/18/07
The City of Chula Vista General Plan identifies Otay Lakes Road as a Scenic Roadway.
Although the proposed building height exceeds that of surrounding development,
visibility of the proposed hotel and office building from the surrounding area will be
minimized by a combination of greater building setbacks and reduction in the amount of
vertical building massing as viewed from the south.
Design Guidelines
The Design Guidelines are being amended primarily to add additional design criteria for
structures over 35 feet in height. These guidelines complement the additional
requirements added to the development standards of the PC District Regulations. The
visual analysis discussed above indicates that additional height can be accommodated
with increased setbacks, a reduction of vertical mass as the building height increase and
increased architectural features described in these guidelines.
Supplemental PFFP Amendment
The existing Supplemental Public Facilities Financing Plan (PFFP) has been prepared by
City consultants based upon the proposed change in land use of 16.7 acres from Light
Industrial to Commercial. However, because this land use change is a component of
entitlements for the larger 45-acre area, it is also included in the PFFP amendment
specifically to include the proposed office and hotel on Area C. As required by the City's
Growth Management Ordinance, the PFFP amendment analyzes the impact of the project
on public facilities and services and identifies the required public facilities and services
needed to serve the project to maintain consistency with the City's Quality of Life
Threshold Standards. The PFFP describes in detail the cost, financing mechanisms and
timing for constructing public facilities.
The public facilities needed to serve the project will be guaranteed by either requiring
payment of DIF and TDIF fees at the building permit stage and/or bond for applicable
improvements prior to issuance of building permits, as outlined in the mitigation
measures for IS-07-015 (see following discussion on traffic).
TransDortation/Traffic:
In September 2007, the traffic-consulting firm of Linscott, Law and Greenspan (LLG)
prepared two separate traffic impact analysis reports-one for Areas A and B and a
separate analysis for Area C. Subsequently, LLG prepared a comprehensive executive
sununary analyzing the results of both traffic reports. For Area A the traffic report
analyzed a project proposing 125,100 square feet of furniture stores, 39,350 square feet of
office floor space, 39,350 square feet of specialty retail/Strip commercial and 27,800
square feet of restaurant space for a total of 231,566 square feet. For Area B the traffic
report analyzed a high intensity land use consisting of 160,000 square feet of specialty
retail/strip commercial simulating a daily worst-case scenario for the future potential
development of this site. For Area C, the traffic report analyzed a I 56-room hotel with
8,800 square feet of convention/meeting rooms and a 120,000 square foot office building.
6-11
Page 12, Item~
Meeting Date: 12/18/07
Areas A and B
The existing land uses of Area A are calculated to generate a total of 1,110 ADT with 44
trips during the AM peak hour (31 inbound and 13 outbound) and 100 trips during the
PM peak hour (50 inbound and 50 outbound). With the proposed land use change, Area
A would generate a net 3,900 ADT with 139 trips during the AM peak hour (110 inbound
and 29 outbound) and 355 trips during the PM peak hour (189 inbound and 166
outbound).
Area B land uses were calculated to generate a total of 5,440 ADT with 163 trips during
the AM peak hour (98 inbound and 65 outbound) and 448 trips during the PM peak hour
(224 inbound and 224 outbound).
The traffic study calculated the traffic for Areas A and B to be a net of 9,340 ADT with
302 trips during the AM peak hour (208 inbound and 94 outbound) and 803 trips during
the PM peak hour (413 inbound and 390 outbound), with the pass by reduction.
In addition to the cumulative impact discussed below, a direct impact of the Project is
anticipated at the intersection of Fenton Street and Showroom Place which will operate at
Level of Service F during the PM hours. To address this long-term direct impact, a
project condition has been included that the Applicant/Developer shall be required to
enter into an agreement to design, construct, and secure a fully actuated traffic signal at
the intersection of Showroom Place and Fenton Street prior to completing development
of Area B at the intersection of Showroom Place and Fenton Street or as determined and
approved by the City Engineer. With the traffic signal, this intersection is projected to
operate at LOS B or better.
Area C
The traffic study projected that the proposed hotel and office building (Area C) will
generate an estimated total Average Daily Traffic (ADT) of 3,950 driveway trips, with
429 trips occurring in the AM peak hour (358 inbound and 71 outbound) and 436 trips
occurring in the PM peak hour (136 inbound and 300 outbound).
Project (Areas A, B and C)
Based on the traffic impact study results, in the near term with the project all intersections
are calculated to operate at LOS D or better except for the Otay Lakes RdIV ons
Driveway intersection, which is calculated to continue to operate at LOS F during the PM
peak hour. The impact at this intersection is considered to be cumulative in nature. The
Applicant/Developer will be required to pay their fair share to mitigate the Otay Lakes
RoadIVons Driveway intersection deficiency in the form of Transportation Development
Impact Fees. With the implementation of proposed mitigation this intersection is
projected to operate at an acceptable LOS D.
6-12
Page 13, Item~
Meeting Date: 12/18/07
Drainage:
Since the PFFP was previously amended in 1999, urban runoff from municipal storm
water conveyance systems has been identified by local, regional, and national research
programs as one of the principle causes of water quality problems in most urban areas. A
National Pollutant Discharge Elimination System Permit now requires the development
and implementation of storm water regulations addressing storm water pollution issues.
New thresholds have been added to the PFFP to reflect these additional storm water
discharge regulations.
Water Conservation Plan:
The City's Growth Management Ordinance requires the preparation of a Water
Conservation Plan for all projects. The original Water Conservation Plan was prepared in
November of 1999 in conjunction with the original establishment of the original Business
Center II. The current update to the Plan updates the applicable tables to include the
reduction on Industrial acreage and the introduction of 16.7 acres of commercial acreage.
In addition, the update includes the addition of a number of residential and non-
residential water conservation measures. A condition has been included to require that
the development/redevelopment of Areas A, B and C implement the recommendations of
the Water Conservation Plan as amended.
Air Quality Improvement Plan (AQIP):
An Air Quality Improvement Plan was prepared for the project in accordance with
Federal and State requirements; and the City's General Plan Growth Management
Element (GME) to meet federal and state air quality standards. To implement the GME,
the City's Growth Management Program requires that major commercial/industrial
projects prepare Air Quality Improvement Plans for all Sectional Planning Area (SPA)
Plans. The AQIP includes an assessment of how the project has been designed to reduce
emissions as well as identifY appropriate mitigation measures. The original AQIP was
adopted in November 1999 in conjunction with the establishment of the original Business
Center II. The AQIP is being now being amended to reflect the proposed transfer of
16.7acres from Industrial to Commercial. The main change to the AQIP is the addition of
a section discussing the commitment to the Chula Vista Greenstar program.
DECISION MAKER CONFLICT:
Staff has reviewed the property holdings of the City Council and has found no property
holdings within 500 feet of the boundaries of the property that is subject to this action.
6-13
Page 14, Item~
Meeting Date: 12/18/07
FISCAL IMPACT:
An amendment to the EastLake Business Center II Supplemental Public Facilities
Financing Plan (PFFP) was prepared to ensure that the development of the project will
not adversely impact the City's Quality of Life Standards. The net fiscal impact from the
amendment is negative in 2007 ($91,800 Loss) and 2008 ($57,400 Loss) but becomes
positive in 2009 ($306,500) and positive at buildout ($345,000).
Attachments
I. Planning Commission Resolutions
2. Mitigated Negative Declaration (MND) and Mitigation Monitoring and
Reporting Program (MMRP)
3. Figures
+. Parking Study for EastLake Corporate Center, table 1, dated 9-7-07
5. Ownership Disclosure Form
6. Eastlake Business Center II SPA-Binder
7. Public Facilities Financing Plan amendment
8. Written Correspondence received at Planning Commission Hearing (11/18/07)
Prepared by: Jeff Steichen, Associate Planner, Department of Planning and Building
6-14
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ATTACHMENT 1
PLANNING COMMISSION RESOLUTIONS
6-16
RESOLUTION NO. GP A-07-05/PCM-07-04
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL ADOPT THE MITIGATED
NEGATIVE DECLARATION IS-07-015 AND MITIGATION MONITORING
AND REPORTING PROGRAM; APPROVE AMENDMENTS TO THE CITY'S
GENERAL PLAN, EASTLAKE II GENERAL DEVELOPMENT PLAN,
EASTLAKE BUSINESS CENTER II SUPPLEMENTAL SECTIONAL
PLANNING AREA (SPA) PLAN, EASTLAKE PLANNED COMMUNITY
DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP, PUBLIC
FACILITIES FINANCING PLAN AND ASSOCIATED REGULATORY
DOCUMENTS FOR 44 ACRES LOCATED WITHIN THE EASTAKE BUSlNESS
CENTER.
WHEREAS, on September 11, 2006, a duly verified application was filed with the City of
Chula Vista Planning and Building Department by IRE Development ("Developer"), requesting
approval of amendments to the City's General Plan, EastLake II General Development plan,
EastLake Business Center II Supplemental Sectional Planning Area (SPA) Plan and EastLake II
Planned Community District Regulations and associated regulatory documents including Design
Guidelines, Public Facilities Financing Plan, Air Quality Improvement plan and Water Conservation
plan for 44 acres located north of Otay Lakes Road at the north, east and southwest sides of the
intersection of Showroom Place and Fenton Street. ("Project); and,
WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Quality Act (CEQA) and has conducted an Initial Study, IS-07-015
in accordance with the California Environmental Quality Act. Based upon the results of the Initial
Study, the Environmental Review Coordinator has determined that the project could result in
significant effects on the environment. However, revisions to the project made by or agreed to by
the applicant would avoid the effects or mitigate the effects to a point where clearly no significant
effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated
Negative Declaration, IS-07 -015.
WHEREAS, the Planning Commission finds that the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program (IS-07 -015) has been prepared in accordance with the
requirements of the California Environmental Quality Act (CEQA), and th,e Environmental Review
Procedures of the City of Chula Vista; and,
WHEREAS, the Planning Commission finds that the Project environmental impacts will be
mitigated by adoption of the Mitigation Measures described in the Mitigated Negative Declaration.
and contained in the Mitigation Monitoring and Reporting Program, and that the Mitigation
Monitoring and Reporting Program is designed to ensure that during Project implementation, the
Developer, permittee/Project applicant, and any other responsible parties implement the project
components and comply with the mitigation Monitoring Program; and,
6-17
WHEREAS, the Planning and Building Director set the time and place for a hearing on the
Project, and notice of said hearing, together with its pllIpose, was given by its publication in a
newspaper of general circulation in the city and it mailing to property owners and within 500 feet of
the exterior boundaries of the property, at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.,
November 28, 2007, in the Council Chambers, 276 Fourth A venue, before the Planning Commission
and the hearing was thereafter closed.
Now therefore, the Chula Vista Planning Commission makes the following findings:
I. GENERAL DEVELOPMENT PLAN FINDINGS
THE PROPOSED AMENDMENTS TO THE GENERAL DEVELOPMENT PLAN
CONFORM WITH THE PROVISIONS OF THE CHULA VISTA GENERAL PLAN, AS
AMENDED.
The proposed aniendments to the EastLake II General Development Plan reflect the land uses
that are consistent with the City's General Plan as proposed to be amended and conform to
the provisions contained therein.
II. SPA FINDINGS
THE SECTIONAL PLANNING AREA (SPA) PLAN,AS AMENDED, IS IN CONFORMITY
WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA
GENERAL PLAN.
The proposed amendments to the EastLake Business Center II SPA Plail reflect the land uses
that are consistent with the EastLake II General Development Plan and the City ofChula Vista
General Plan as proposed to be amended.
THE SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, WILL PROMOTE
THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL
PLANNING AREAS.
The requested amendments to the Eastlake Business Center II SPA plan includes a
Supplemental Public Facilities Finance Plan that outlines the required infrastructure to serve the
Project, the timing of installation and the fmancing mechanisms to promote the orderly
sequentialized development of the Project.
6-18
THE EASTLAKE SECTIONAL PLANNlNG AREA (SPA) PLANS, AS AMENDED, WILL
NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT,
CIRCULATION OR ENVIRONMENTAL QUALITY.
The proposed modifications to land use and development standard provisions within the
Project Site have been fully analyzed and will not adversely affect the circulation system and
overall land use as previously envisioned in the EastLake II General Development Plan. A
Mitigated Negative Declaration (IS-07-015) and accompanying Mitigation Monitoring
Program was prepared for the Project. Mitigation measures have been included related to
aesthetics/visual quality, air quality, paleontological, hydrology and water quality, noise, and
traffic. Thus, the requested amendments to the SPA will not adversely affect the adjacent land
uses, residential enjoyment, circulation or environmental quality of the surrounding uses.
IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH
DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL
DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A
RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND
STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE
STANDARDS ESTABLISHED BY THIS TITLE.
The orientation and configuration of the 16.7 acres is substantially more suitable for
commercial retail rather than light industrial land use and more compatible with the
EastLake Design District which currently occupies the site.
Thus, changing the previously adopted land use designation from Light Industrial to
Commercial Retail is appropriate, and will not affect the surrounding areas. This added
acreage will contribute substantially to achieve the city's economic development goals and
objectives.
THE STREETS AND THOROUGHFARES ARE SUITABLE AND ADEQUATE TO
CARRY THE ANTICIPATED TRAFFIC THEREON.
The potential impacts to traffic and circulation have been thoroughly analyzed based upon the
proposed project resulting in specific requirements that must be complied with at the time of
development within the project area. This includes payment of in-lieu fees to pay fair share of
cumulative impacts to the off-site intersection located at the intersection of the V ons Driveway
and Otay Lakes Road and the construction of a traffic signal at the intersection of Fenton Street
and Showroom Place.
ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE mSTIFlED
ECONOl'vUCALLY AT THE LOCATION (S) PROPOSED AND WILL PROVIDE
ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH
PROPOSED LOCATION (S).
6-19
The proposed amendments increase the acreage designated Commercial Retail to allow for
additional complementary retail establishments to be located within the existing Eastlake
Design District in an effort to increase the economic viability of the District and to provide
additional services, including restaurants and other similar uses, which complement the
existing home improvement district.
THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED
IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID
DEVELOPMENT.
The proposed amendments are consistent with the previously approved plans and regulations
applicable to surrounding sites and therefore the proposed amendments can be planned and
zoned in coordination and substantial compatibility with said development.
Ill. PFFPFINDINGS
THE AMENDMENT TO THE EXISITNG PFFP COMPLIES WITH SECTIONS 19.09.050
THROUGH 19.09.100, REQUIREMENTS FOR PUBLIC F ACILITIES FINANCE PLAN.
The amendment to the Eastlake Business Center II Supplemental PFFP has been prepared
according to the contents and details outlined in the Municipal Code. It has been submitted
to and reviewed by the Director of Planning and Building who has determined that the
proposed amendments to the PFFP comply with the provisions of Section 19.09.080 and is
forwarding the document with corresponding development plan to the Planning Commission
for consideration and public input. Public facilities needed to serve the project were
identified and will be guaranteed by conditions of approval, implementation of required
mitigation measures identified in Mitigated Negative Declaration IS-07 -015, payment ofDIF
fees at the building permit stage, and/or utilizing Community Facilities to fmance or maintain
the public facility.
THE PROPOSED PFFP AMENDMENT IS CONSISTENT WITH THE OVERALL
GOALS AND POLICIES OF THE CITY'S GENERAL PLAN, GROWTH
MANAGEMENT PROGRAM, THE AMENDED EASTLAKE II GENERAL
DEVELOPMENT PLAN AND THE AMENDED EASTLAKE BUSINESS CENTER II
SPA PLAN.
The Eastlake II General Development Plan and Eastlake Business Center II SPA outline the
necessary public facilities required to meet its land use and circulation objectives of the
General Plan. The amendment to the existing PFFP outlines detailed plans for the provision
of those public facilities as they relate to the proposed Project.
The amended PFFP identifies required Development Impact Fees (DIF) fees which must be
paid to help defray costs of facilities which will benefit the project. The estimated fees
6-20
required by this project are $2,627,009 for Transportation Facilities and $2,850,622 for other
applicable Facilities.
While net fiscal impact of the Project on public facilities is negative in 2007 ($91,800 Loss)
and 2008 ($57,400 Loss) the fiscal impact becomes positive in 2009 ($306,500) and positive
at build out ($345,000).
THE AMENDMENT TO THE EXISTING PFFP ENSURES 1HA T THE DEVELOPMENT
OF THE PROJECT WILL NOT ADVERSELY AFFECT THE CITY'S QUALITY OF LIFE
STANDARDS.
As required by the City's Growth Management Ordinance, the PFFP amendment analyzes
the impact of the project on public facilities and services and identifies the required public
facilities and services needed to serve the project to maintain consistency with the City's
Quality of Life Threshold Standards. The PFFP describes in detail the cost, financing
mechanisms and timing for constructing public facilities required to ensure that development
occurs only when the necessary public facilities exist or are provided concurrent with the
demands of the new development. Certain facility improvements have been identified as
project impacts based upon Mitigated Negative Declaration (1S-07 -015) and accompanying
Mitigation Monitoring Program. These include the requirements for the construction of a
signal at the intersection of Fenton and Showroom Place prior to development of Area B.
Other required mitigation measures are related to aesthetics/visual quality, air quality,
paleontological, hydrology and water quality, noise, and traffic. Implementation of these
mitigation measures along with payment of required DIF fees will ensure the Project will
maintain consistency with the City's Quality of Life Standards.
NOW, THEREFORE, BE IT RESOLVED BY TH E PLANNING COMMISSION OF THE
CITY OF CHULA VISTA recommends that the City Council adopt the attached Draft City
Council Resolution and Ordinance approving the Project in accordance with the findings and
subject to the conditions contained therein. .
BE IT FURTHER RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA THAT a copy of this Resolution and the draft City Council Resolution and
Ordinance be transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 28th day of November, 2007, by the following vote, to-wit:
AYES:
FELBER, BENSOUSSAN, TRIPP, CLAYTON, SPETHMAN
NOES:
ABSENT:
MOCTEZUMA
ABSTAIN:
VINSON
6-21
WI! . 7t.tI
I lam C. Tripp, Chairperson
ATTEST:
~
Diana Vargas, Secre
6-22
ATTACHMENT 2
MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING PROGRAM
6-23
Mitigated Negative Declaration
PROJECT NAME:
Eastlake Business Center
PROJECT LOCATION:
North side of Otay Lakes Road, west of Hunte Pkwy.
ASSESSOR'S PARCEL NO.:
595-711-09,595-710-09,10,11 & 12, 595-711-03
PROJECT APPLICANT:
IRE Development & hmkeepers
CASE NO.:
IS-07-015
DATE OF DRAFT DOCUMENT:
October 17, 2007
DATE OF RESOURCE CONSERVATION COMMISSION MEETING: November 5, 2007
DATE OF FINAL DOCUMENT:
Prepared by: Benjamin Guerrero, Senior Planner
A. Proiect Setting
The project site consists of 43.7 acres located on the north side of Olay Lakes Road and west of
Hunte Parkway. The project site can be described as containing three distinct areas (See Exhibit 2).
Area A contains the existing Eastlake Design District which consists of existing furniture stores and
showrooms related to home improvement with ancillary commercial uses. Area B consists of
relatively flat vacant building pads. Area C is vacant land and is located at a higher grade (about 28
feet) than Olay Lakes Road. The project site is in an urbanized area in the eastern portion of the City
of Chula Vista (see Exhibit 3 - Aerial Map). Topography across the project site is relatively flat and
the property is devoid of vegetation. The site is surrounded by residential and commercial/industrial
development as follows:
Design District (Area "A ") and Eastlake Design Center (Area "B ")
North: Single Family Residences
East: Single Family Residences
South: Otay Lakes Road, Single Family Residences
West: Medical Offices & Industrial Businesses
Eastlake Corporate Center Area C:
North: Commercial, Multi-Family residences, Single Family residences
East: Medical Office Buildings
South: Olay Lakes Road, Single-Family Residences
West: Hitachi Business
B. Proiect Description
The project consists of an amendment to the City of Chula Vista General Plan (GP A) to change the land
use designation of approximately 16.7 previously developed acres at the northeast corner of Fen ton Street
and Showroom Place (851-891 Showroom Place) within the Eastlake Business Center (hereafter referred
as Area "A") from Limited Industrial to Commercial Retail. The GPA amendment would allow
additional commercial retail types of uses to complement the existing tenant mix.
I
6-24
Concurrent amendments to the Eastlake II General Development Plan (GDP), Eastlake Business Center II
Supplemental Sectional Planning Area (SPA) Plan and associated regulatory documents are also
proposed for Area A above and parcels identified as Lot 2 of Map 13971 and Lots 5-8 of Map 14395
(herein after referred to as Area B) and 2430 Fenton Street (hereinafter referred to as Area C). The GDP
and SPA amendments consist of changing the land use designation of Area A from BC-I (Business
Center Manufacturing Park District) with Design District Overlay to a new commercial ( VC-5) land use
district; and Area Band C from BC-I (with area B currently including a Design District Overlay) to BC-
4 (Business Center Core District). Also included are certain modifications to the adopted property
development regulations in order to accommodate greater design and land use flexibility, including an
increase in building height from 35 to 60 feet up to a maximum of 76 feet for Areas B and C.
The project further proposes repeal of the previously adopted Master Use Permit PCC-05-070 for Area A
and B and includes approval of conditional use permit and design review for a new hotel and office
building on Area C (see Exhibit 2).
The conditional use permit application requests permission to establish and operate an approximately
148,024 square foot, five-story hotel with 156 rooms and 10,000 square feet of conference rooms and
other amenities on Area C. The hotel will also provide a restaurant for its guests and a total of 163
parking spaces.
A design review application was also filed for the construction of an approximately 122,071 square foot,
four-story Class A office building providing approximately 433 parking spaces in Area C. Both the hotel
and office buildings will be served by a reciprocal access and parking agreement.
C. Comoliance with Zoning and Plans
The existing zoning of the project sites is follows: Areas A, B & C: BC-I (Business Center
Manufacturing Park District). Areas A and B also include an existing Design District Overlay. The
applicant proposes a change of zone as follows: Area A from the existing BC-I to VC-5 Land Use
District; Area B and C from BC-I to BC-4 (Business Center Core District); The General Plan
designation for Area A is presently Limited Industrial and it is proposed to be amended to
Commercial Retail. The project further proposes repeal of the previously adopted Master Use Permit
for Area A & B and approval of a conditional use permit and design review for a new hotel and
office building for Area C.
D. Public Comments
On July 23, 2007, a Notice of Initial Study was circulated to property owners within a 500-foot
radius of the project site. The public comment period ended on August 2, 2007. No comments were
received. On October 17, 2007 a Notice of Availability was posted with the County Recorder's
Office and circulated to property owners within a 500-foot radius of the project site. The Draft MND
was also made available at the PSB building, the main public library, the Eastlake public library and
the eastern Chula Vista Governmental offices. No comments were received during the thirty-day
public review period of the draft MND [October 17, 2007 through November 16, 2007].
E. Identification of Environmental Effects
An Initial Study conducted by the City of Chula Vista (including an attached Environmental
Checklist form) determined that the proposed project would not have a significant environmental
effect because mitigation measures incorporated into the project have eliminated possible significant
2
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impacts or reduced them to a level of insignificance. Therefore, the preparation of an Environmental
Impact Report will not be required. This Mitigated Negative Declaration has been prepared in
accordance with Section 15070 of the State CEQA Guidelines.
AestheticsNisual Character
Area A (Eastlake Desirm District)
The Eastlake Design District Area (Area A) is fully constructed and developed at a height of 35 feet.
No increase in height is proposed for Area A. There are no physical changes or impacts to aesthetics
or visual character from the proposed change in land use to VC-5 and the repeal of the Design
District Overlay.
Area S (Vacant Sui/din!! Pads)
Development of this Area is not proposed at this time; however, the applicant is requesting an
increase in building height from 35-feet currently permitted to 76-feet in the BC- 4 district with
increased setback requirements. The firm of Focus360 has provided photo simulations of a
conceptual project to illustrate the potential visual impact offuture development containing buildings
with a height of76 feet at a building setback of21O feet from the north property line and 80 feet from
the easterly property line. The photo simulations were taken from six observation points. Three
observation points are located within the Rolling Hills Ranch residential development that abuts Area
B to the north and the remaining three points from Eastlake W oods West residential development,
which abuts. Area B to the east. The photo simulations illustrate that a combination of increased
building setbacks, architectural design and less vertical building massing will avoid any adverse
visual impacts (see Appendix A). At the time when actual development is proposed, the applioant
will be required to prepare additional visual analysis in conjunction with a request for approval of
Design Review entitlements by the City of Chula Vista Design Review Committee (DRC). Therefore
no immediate and direct impacts are associated with the change in land use and change in allowable
height as part of the current amendments.
The following mitigation measure would ensure that future development of Area B is subject to City
adopted land use and design criteria:
At the time when actual development is proposed for Area B, the applicant will be required to
comply with the intent and purpose of the PC District Regulations and Design Guidelines and to
prepare additional visual analysis in conjunction with a request for approval of Design Review
entitlements by the City of Chula Vista Design Review Committee (DRC).
Area C (Eastlake Corporate Center)
A Visual Analysis Report was prepared by Jones and Stokes (June 2007) to analyze the Corporate
Center (Area C). This report analyzed the impact of the proposed development from 10 Key
Observation Points (KOP). Visual Simulations of the project were created and analyzed to determine
the aesthetics of the height and mass of the buildings upon completion of construction. While the
report did identify that the proposed development is taller than surrounding development, it
concluded that the development would be compatible with the surrounding development. Impacts to
all 10 of the KOPs were determined to be less than significant as the view shed from the KOPs were
low to moderate scenic quality based upon the proposed fifty (50) foot building setback from the
southern property line, which faces Otay Lakes Road. The City of Chula Vista General Plan
identifies Otay Lakes Road as a Scenic Roadway. No impacts to Otay Lakes Road were identified by
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the report as part of the Corporate Center Project and therefore no mitigation is proposed with
respect to this roadway. Although the proposed building height exceeds that of surrounding
development, visibility of the proposed hotel and office building will be minimized by a combination
of greater building setbacks and reduction in vertical massing as viewed from the south.
The considerations contained in the development standards and within the Design guidelines for
Eastlake Business Center II for the BC-4lots and which are applicable to this project are:
For commercial and industrial buildings greater than 35 feet in height, the Design Review
Conunittee shall consider the following special design objectives in addition to those contained
in the Eastlake Business Center II Design Guidelines:
1. Ensure high quality and fully finished architecture on elevations facing adjoining
residential development and properties equal to that of the other sides of the building.
2. Provide enhanced screening via increased size and/or amount of buffer landscaping
and/or screening walls.
3. Maintain comparable access to light and air at the perimeter lot line based on a 35'
building height at the minimum setbacks.
a. Establish a height to setback ratio that achieves the negligible visible impacts of tall
buildings as exemplified in the visual simulations conducted for Areas B and C.
b. Maintain a comparable fa~ade area (maximum building width X base height of35
feet) for elevations facing residential developments or adjoining residential lots. This
may be accomplished by reducing the total building width as the height of the building
increases so that the total fa~ade area remains roughly the same.
Example: 35' height X 100' width between side yard setbacks = building area of 3,500
square feet. A 70' tall building would have a target width of approximately 50 feet
wide (70' X 50' = 3,500' square feet).
All future development in the BC-4 Land Use District will be required to comply with these
measures. In addition, all development in the area must obtain approval from the City of Chula Vista
Design Review Conunittee. Proposed changes to allow the additional height have been evaluated for
consistency with the goals, objectives and policies of the General Plan. The proposed increase in
height will allow for development that is consistent with the General Plan and is well planned with
appropriate building setbacks and design criteria.
The following mitigation measure would ensure that the proposed building height increase would not
result in an adverse impact to the various view sheds:
Height limit for buildings proposed for Area C may be increased up to 76 feet contingent upon
compliance with all proposed revisions to the PC District Regulations and Design Guidelines which
include a combination of increased building setback, architectural design treatment and reduction of
vertical building massing. The Design Review Conunittee may authorize deviations from these
requirements where otherwise consistent with the intent and purpose of the PC District Regulations
and Design Guidelines.
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Air Quality
An air quality impact analysis was prepared by Jones & Stokes (July 2007) for the proposed project.
Following is a summary of the results and conclusions of this air quality report.
Short- Term Construction Impacts
The proposed project will result in a minor increase in air pollutants during the construction phase of
the proposed hotel and office building. Fugitive dust would be created during grading and
construction activities. Air quality impacts resulting from construction-related operations are
considered short-term in duration since construction-related activities are temporary. Construction-
related emissions would originate from proposed construction activities related to Area C and would
consist of equipment exhaust, workers vehicle exhaust, dust from grading, and exposed soil eroded
by wind. Dust control measures required during construction operations would be implemented in
accordance with the rules and regulations of the County of San Diego Air Pollution Control.District
(APCD) and the California Air Resources Board.
Construction
onstrucl1on ITIlSSlOns - ea oroorate enter
IMax. Dail~ Pollutant Emissions (pounds)
Construction Activitv ROG NOx CO PMIO
Site Grading 4.34 31.31 33.71 24.34
Building Construction 11.37 75.62 91.31 26.00
2008 Maximum Value 11.37 75.62 91.31 26.00
Building Construction 53.91 98.34 132.19 3.70
2009 Maximum Value 53.91 98.34 132.19 3.70
Significance Criteria >75 >100 >550 >150
Significant? No No No No
C
E . .
Table 1
Ar CC
C
Source: California Air Resources Board-URBEMlS2002 Model
Mitigation measures contained in Section F below would mitigate short-term construction-related air
quality impacts to below a level of significance.
Long-Term Operational Impacts
The project site is located within the San Diego Air Basin (SDAB). Based on the Traffic hnpact
Analysis prepared by Linscott, Law & Greenspan (August 2007), the hotel and office building would
generate approximately 3,950 new daily trips. The morning peak hour traffic resulting from the hotel
and office project would be equivalent to 429 in and out driveway trips and the evening peak hour
would result in 436 in and out driveway trips being generated.
The City has traditionally used the significance emissions thresholds of the South Coast Air Quality
Management District (SCAQMD), which is responsible for air quality in the urbanized areas of Los
Angeles, Orange, San Bernardino, and Riverside counties. The air quality in the SCAQMD is much
worse than the San Diego Air Basin; therefore, the SCAQMD thresholds are very conservative for
the San Diego area.
6-~8
The estimated operational emissions for this project are shown in Table 2 below. As shown on this
table, none of the CEQA significance thresholds would be exceeded during operation of the project.
The URBEMIS model for urban emissions was used to calculate the input and output data.
Table 2
Estimated Operational Emissions - (Full Buildout Conditions -Area C Coroorate Center)
IMax. Dail- Pollutant Emissions (rounds)
ROG NOx CO PM10
Summer Period
Area Source Emissions .66 2.83 3.63 0.01
Vehicular Emissions 30.35 40.24 396.55 50.89
Total Emissions 31.01 43.08 400.18 50.90
Winter Period
Area Source Emissions .48 2.82 2.36 0.00
Vehicular Emissions 31.60 50.83 360.40 50.89
Total Emissions 32.08 53.65 362.76 50.90
Significance Criteria >55 >55 >550 >150
Significant? No No No No
Source: California Air Resources Board-URBEMIS2002 Model
A CO hot spot analysis was conducted to determine whether the proposed hotel and office-building
project would contribute to a violation of the ambient air quality standards for CO at any local
intersections. Three intersections having high a.m. and p.m. peak hour volumes (per LLG Traffic
Impact Analysis; August 2007) were modeled for CO impacts. The table below shows the three
selected intersections. The results show that the State one-and eight-hour standards of 20 ppm and 9
ppIn, respectively, would not be exceeded at any of the three intersections.
Table 3
CO Hotspots Modeling Concentrations (ppm)
I-hour 8-hour I-hour 8-hour
Intersection AM AM PM PM
Otay Lakes Rd/ 6.4 4.2 6.7 4.5
V ons Driveway
Otay LakesRd/ 6.3 4.2 6.9 4.6
Eastlake Rd.
Fenton St/ Harold 4.4 2.8 4.4 2.8
PI-Hitachi PI.
CMOS Standard 20.0 9.0 20.0 9.0
Significant? No No No No
Note: Background concentrations of 3.9 ppm and 2.48 ppm were added to the modeling I-hour and 8-hour
results, respectively.
Paleontological
Data compiled by the San Diego Natural History Museum, Department of Paleo Services was used to
assess paleontological resource sensitivity issues in relation to proposed project grading,
construction, operation and maintenance activities. The assessment was based both on !mown
paleontological sites within the project area, as well as extrapolated biostratigraphic information
derived from rock units in adjacent areas or areas of regional context which indicate the potential for
a fossil resource to occur in particular geologic unit. Even though there are no !mown significant
6-~9
fossil resources found at the project site, the general vicinity has been identified as forming part of an
area considered by experts in the field of paleontology as having a "high paleontological resource
sensitivity". This rating would require a paleontological monitoring and mitigation program. This
means that an approved monitoring program would be available for implementation during grading
and excavation activities related to this project. Subsequently, if unique paleontological resources are
discovered, all significant fossil material will need to be collected, prepared, identified, and curated,
and then placed into a state-designated scientific repository. Compliance with the mitigation
measure contained below in Section F would avoid significant impacts to paleontological resources.
Geology and Soils
Geotechnics INC. prepared geotechnical/soils reports (August 2007) for the proposed development of
Area C. The report, approved by the City Engineering Department, states that no adverse
geotechnical conditions were encountered which would prohibit the proposed development ofproject
Site C. The preparation and submittal of a [mal soils report will be required prior to the issuance of a
grading permit as a standard engineering requirement.
Project Site "C", where development is proposed has been previously mass graded. There are no
known or suspected seismic hazards associated with the project site. The project site lies about four
miles west of the La Nacion Fault Zone (an inactive fault zone). The closest recently active fault is
the Rose Canyon Fault, located about 14 miles west of the site. The site is not located within an
Alquist-Priolo Special Studies Zone. Therefore, project compliance with applicable Uniform
Building Code standards would adequately address any building safety/seismic concerns.
The proposed project site C Area is not located within a landslide hazard area or liquefaction hazard
area. Landslide hazard areas are areas containing active land-slide-prone terrain. These are typically
areas that contain unstable sedimentary rock formations, contain slopes exceeding 25 %. Likewise,
liquefaction hazard areas are characterized by shallow ground water tables and poorly consolidated
sediments subject to hazards associated with seismically induced liquefaction. No adverse impacts
related to landslide or liquefaction is anticipated from development of Area C.
In order to prevent silt discharge during construction, the developer will required to comply with best
management practices in accordance with the NPDES General Construction Permit. The appropriate
standard erosion control measures would be identified in conjunction with preparation of final
grading plans and would be monitored and implemented during construction by the Engineering
Division. Therefore, the potential for the discharge of silt into city drainage systems would be less
than significant.
Hvdrology
A Drainage report was prepared by K&S Engineering (September 2007) and approved by the City's
Engineering Department. The study evaluated storm runoff under existing conditions and compared
it to the existing conditions plus project conditions (50-year events). The report assessed any
potential drainage impact that could be caused, or aggravated by project development. The project
proposes to add 8.14 acres of impervious area in the form of rooftops, parking lots, access drives,
sidewalks, etc.
The Eastlake Design District Area (Project site A) is fully constructed and developed. Area B is
presently vacant and no specific development is proposed. The hotel and office building is proposed
for Area C which is presently vacant. Area C has been previously sheet graded, and gently slopes
towards an existing desilting basin located in the northwest corner of the project site. The slope
6-30
along the southern boundary is landscaped with trees, shrubs and grass. The onsite drainage is
proposed to be collected in curb, gutters and inlets and discharged at a low point from which it enters
a grassed bio swale, clean water filter system units, downspout and stormwater bioretention filtration
system (Filterra), located at different corners of the property. Once the runoff is treated, it will flow
via an onsite 24-inch lateral pipe towards Fenton Street to an existing 36" storm drainpipe, which has
a design capacity ofQ50 with an ultimate design capacity ofl07.97 cfs.
The results of the Drainage Report (September 2007) and Water Quality Technical Report
(September 2007) prepared by K&S Engineering were compared with the City of Chula Vista
Eastlake Business Center II Master Study. The comparison results indicate that the project run-off
flow rate, volume, velocity and duration for the post development condition will not exceed the
ultimate design condition of the existing drainage pipe system for 2, 10 or 50-year storm frequency.
The proposed development will not alter the natural drainage path or divert any drainage from the
current condition or drainage boundaries. Based on these calculatiohs approved by the City of Chula
Vista Engineering Department, the project would meet City approved standards and, therefore, would
not result in any adverse impacts to public facilities or surrounding properties.
Table 5
Storm Frequencv
Ultimate Developed Ultimate Developed
Pipe Design Fenton Condition Calculated
Street for 50-Year per K& S Engineering
Event Per Hunsaker
Studv
50-Year 107.97 CFS 26.7 CFS
50-Year Desi2l1 Velocity 23.0 FPS 17.67 FPS
Water Oualitv
A Hotel and Office building are proposed for Area C, which is presently vacant. The proposed
development will result in 8.14 acres (85%) of impervious area (roofs, parking lots, roadways,
sidewalks, etc.). As stated above, Area C has been previously sheet graded, and gently slopes towards
an existing desilting basin located in the northwest corner of the project site. The slope along the
southern boundary is landscaped with trees, shrubs and grass. The onsite drainage is proposed to be
collected in curb, gutters and inlets and discharged at a low point from which it enters a grassed bio
swale, clean water filter system units, downspout and stormwater bioretention filtration system
(Filterra), located at different corners of the property.
Construction Best Management Practices
In order to properly manage water runoff from the proposed project during the construction phase,
the proj ect proposes to incorporate the following management facilities and best management
practices:
. Storm Drain Inlet Protection
. Stockpile Management
. Solid Waste Management
. Stabilized Construction Exit
. Vehicle and Equipment Maintenance
. Erosion Control Mats and Spray-on Applications
. Gravel Bag Berms
6-~1
. Material Delivery and Storage
. Spill Prevention and Control
. Concrete Water Management
. Water Conservation Practices
. Paving and Grinding Operations
. Stabilization of Disturbed Areas
. Permanent Re-vegetation of Man-Made Slopes
BMPs shaIl be selected, constructed, and maintained so as to comply with all applicable City of
ChuIa Vista Ordinances, policies and regulations and regulatory agency regulations and wiIl be
subject to the approval and continued monitoring of the City of Chula Vista.
Post-Construction BMPs
. Limit road widths, parking lot and driveway areas spaces.
. Include as part of the project design self-treating areas such as: large landscaped areas, grass
or vegetated swales, and turf block paving areas.
. Directing roof runoff to landscaped areas before discharge to storm drains.
. Propose a Jensen Precast Interceptor and Filterra and storm water system subject to the
approval of the City of Chula Vista Engineering Department.
The applicant/developer shaIl be required to comply with the National PoIlutant Discharge
Elimination System (NPDES) regulations including the preparation and implementation of a Water
Quality Technical Report (wQTR) and a Storm Water PoIlution Prevention Plan (SWPPP). The
implementation of water quality Best Management Practices (BMPs) as described above wiIl be
required in accordance with the NPDES General Permit and as approved by the City Engineer.
Based upon the implementation of standard engineering requirements and compliance with
requirements of the WQTR, SWPPP and BMPs, water quality impacts would reduce to a level below
significance.
Land Use Analvsis of Proposed Amendment from Light Industrial to Commercial Retail for Area A
The existing land uses presently found within the 16.7 acres of the Design District (Area A) consist
primarily of furniture stores and wholesale/retail distribution and showroom businesses related to
home improvement merchandise. The existing land uses are not typicaIIy representative of light
industrial land uses such as warehousing, light manufacturing, and public storage with some offices.
A previous amendment to the Eastlake Business Center II SPA was approved in 2005, which created
a Design District Overlay zone that permitted the existing land uses.
In terms of actual land designated for industrial land use, the 16.7 acres represents 7.4 percent of
industrial land within the Eastlake Planned Community. Further analysis shows that the 16.7 acres
represents less than 1.3% of the industrial lands in eastern Chula Vista and less than 1% of the
overaIl industrial lands within the City. Therefore, the percentage reduction of industriaIly
designated land is fairly smaIl in comparison to the total amount of industrial land available in the
City.
The establishment of the Eastlake Design District aIlowed for an increase in the amount of land uses
oriented more towards commercial retail, which is consistent with the current request to change the
existing General .Plan land use designation from Light Industrial to Commercial Retail. The proposed
amendment would reflect more accurately the existing representative commercial/retail uses, which
have already begun to be established within this site and would also aIIow an increase in
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commercial/retail use. The proposed amendment therefore, is essentially a necessary action to bring
consistency between the General Plan and the Eastlake II Business Center SPA.
No adverse impacts as a result of the proposed general plan amendment are anticipated and therefore
no mitigation is required.
Noise
Eastlake Corporate Center Proposed Hotel and Office Building
Noise Consultant Jones & Stokes, Inc., prepared an acoustical analysis (August 2007) for the
proposed hotel and office development project. The study identified the primary noise source
generator as traffic noise from Otay Lakes Road. Additional noise sources identified by the study
were from children playing in the distance, and aircraft overflights.
The noise study also assessed potential project impacts from short-term and long-term stationary and
mobile noise sources. The sources included onsite construction activities and on-site and off-site
operations. An evaluation was made as to whether on-site operations could affect local residences or
other noise-sensitive land uses. Additionally, the effects from noise on on-site and off-site noise-
sensitive receptors as a result of future traffic volume increases were analyzed.
A noise impact generated by construction or operation activities related to the project would be
considered significant if it would result in:
. Exposure of persons to, or generation of, noise levels in excess of standards established in
local general plans. The City's exterior noise standard for office buildings and commercial
/retail property is 70 CNEL.
. A substantial permanent increase in ambient noise in the project vicinity (an increase of 5 to .
10 dBA is generally considered substantial); or
. A substantial temporary or periodic increase in ambient noise levels in the project vicinity
(an increase of IS dBA is generally considered substantial for this type of increase).
Construction Noise
The closest noise-sensitive receptors to the project site are residential land uses to the south of the
project site. Construction activities could occur as near as 250 feet from existing residences and as
far as 950 feet. A construction noise level of 89 dBA Leq at 50 feet would attenuate to
approximately 75-dBA leq at a distance of 250 feet from the source. The City's noise ordinance
exempts construction activities from the noise standard (providing that such activities take place
between the hours of 7:00 a.m. to 10:00 p.m. Monday through Friday and 8 a.m. to 10 p.m. on
Saturdays and Sunday). This provision of the Municipal Code would ensure that surrounding
residents would not be disturbed by construction related noise during the most sensitive periods of
the day. Project construction work is anticipated to occur between the hours of 7:00 a.m. and 5:00
p.m. weekdays only. Provided that the project's construction activities are limited to the allowed
hours, the project's short-term noise impact would be less than significant.
Traffic Noise
Based on the acoustical report prepared by Jones and Stokes, potential operational noise effects
would be limited to project-related traffic. The results of the predicted traffic modeling results are
shown in Table 4. As shown in Table 4, modeled traffic noise levels in the future (Year 2009) with
project scenario would range from 58 dBA CNEL to 68 dBA CNEL.
6-3<3
On-Site (Hotel & Office Uses - Area C) Potential Impacts from Traffic Generated Noise (Otay Lakes
Road)
The proposed hotel and pool area are considered to be noise-sensitive areas and would therefore be
subject to the City's exterior noise standard of 65dBA CNEL. Based on the site design, the pool area
would be located about 220 feet away from the centerline of Otay lakes Road and would be
surrounded by a solid six foot high wall. The pool area is also located about 28 feet above the local
roadway grade, and would receive acoustical shielding by being located at the top slope. As shown
on Table 4, the exterior traffic noise level at the pool area is projected to be approximately 62 dBA
CNEL, and thus less than the City's 65 dBA CNEL exterior noise standard.
The office-building project proposes to have employee break areas along the southeast and southwest
corners of the building. These areas would be located about 250 feet from the centerline of Otay
Lakes Road, and would also benefit by acoustical shielding by virtue of the difference in elevation
between the top of slope and the street grade. As shown on Table 4, the exterior traffic noise level at
the pool area is projected to be approximately 62 dBA CNEL, and thus less than the City's 65 dBA
CNEL exterior noise standard.
The portion of the proposed hotel that would be closest to Otay Lakes Road centerline would be at a
distance of approximately 220 feet. The guest rooms of the hotel would be subject to the City's
standard of 45 dBA CNEL. As shown in Table 4, the predicted noise level at the southern side of the
proposed hotel would be 66 dBA CNEL in the future, which would exceed the city's exterior
standard. As a mitigation measure, where exterior noise levels exceed 60 dBA CNEL, the project
will be required to submit at the building permit stage an acoustical report containing attenuation
features that demonstrate that interior noise levels will be maintained at or below 45 dBA CNEL.
Modern sound-rated construction assemblies as well as the provision of forced-air mechanical
ventilation or air conditioning systems (operated with the windows shut) typically provide
approximately 20 to 25 decibels of exterior-to-interior noise reduction. Such assemblies and
techniques include but are not limited to sound-rated windows and doors and sound-rated exterior
wall assemblies. With the implementation of the sound-rated construction materials and a central air
conditioning system, noise impacts from traffic sources would be reduced to a level of insignificance.
Parking
Area A (Eastlake Design District)
The Eastlake Design District (Area A) is an existing development that is proposing an amendment to
allowable uses within the existing buildings. A Traffic and Parking Study was prepared by Linscott
Law & Greenspan (March 16, 2007) for Area A. This study assumed an increased mix of
commercial uses typical of what the proposed amendments would allow. The study concluded that
there would be adequate parking. Further, additional uses cannot be approved absent evidence of
adequate parking availability. The study included a 15% mixed-use reduction and credit based on
patrons from the same vehicle patronizing more than one business per trip.
The project proposes an amendment that would change the existing BC-I (with design district
overlay) to a new land use district category to be named Village Center 5 (VC-5) District. Area A
would be the only property within the Eastlake Business Center II with the VC-5 Land Use District
designation. Although the current proposal is to allow the entire Area A to be converted to
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commercial retail, this is predicated upon the project meeting the parking standards for each
individual type ofland use proposed under the VC-5 District.
The PC District Regulations have been amended to require that future changes in use within the
development that will alter parking requirements are required to demonstrate adequate parking to the
satisfaction of the Director of Planning and Building and the City Engineer. The change to the VC-5
District Planned Community District Regulations for Eastlake II will ensure that no adverse impacts
to parking will result within the existing shopping center and therefore no parking mitigation is
required.
The parking requirements for the proposed VC-5 and BC-4 Districts will also be amended to provide
a new standard for furniture stores and to allow for shared parking subject to a specific procedure for
demonstrating adequate parking. The new requirement is based on a parking analysis approved by
the City of Chula Vista that determined the appropriate number of required spaces for furniture
stores. The new standard is a refinement to the development code and will not result in adverse
impacts to the overall parking requirements.
Area B (Vacant Building Pads)
Specific development is not proposed for the Area B at this time. However, when development is
proposed, the project will be required to provide parking on-site that is consistent with the Eastlake
Business Center II Planned Community District Regulations. Therefore there are no impacts related
to parking at the Design Center associated with this amendment, and therefore no mitigation is
proposed.
Eastlake Corporate Center (Area C)
A parking study was prepared by the traffic engineering firm of Linscott, Law & Greenspan
(September 2007) to determine the adequacy of proposed parking on-site. In particular, the parking
study sought to address the parking needs for a proposed meeting/banquet room space proposed by
the hotel land use. The City of Chula Vista does not have parking standards that specifically address
hotels with conference room space. A survey of other municipal jurisdictions was also conducted in
order to obtain clearer requirements for meeting/banquet room place. For the purposes of
determining the parking demand, the City assumed that dedicated conference space would require
parking in addition to the City's standard requirement for hotels. The parking study determined that
adding the requirement of 1 space per 100 sq. ft. of gross floor area of dedicated conference space in
a hotel would adequately address the overall hotel parking requirement.
The parking study took into account the fact that hotel, conference center and office uses peak at
different times of the day. It also noted that the proposed hotel is a business hotel, not a tourist hotel.
The target market for the hotel is business travelers visiting local companies to conduct business or
corporate executives visiting a satellite office in Chula Vista. Business travelers and local companies
holding small conferences or meetings in a space larger than the typical office conference room will
use the conference room space. The hotel peak demand occurs from 10:00pm to 6:00am while the
office peak demand occurs at 8:00am to 5:00pm. The study demonstrates that, even assuming an
additional 88 parking spaces need to be provided for the conference rooms independent of the
standard hotel parking requirements, there is adequate parking for the hotel (with conference rooms)
and the office building to operate independently. The owner's of the Corporate Center hotel and
office buildings will be entering into a private reciprocal parking agreement to share parking as
needed between the properties in order to take advantage of their different peak demands and the
minimum of 35 excess parking spaces that are available at any given time. This agreement will be
6-~
incorporated into the CC&Rs for the subject properties and recorded with the County Recorder. This
will ensure that adequate parking is being provided for conference use on evenings and weekends.
Using the most conservative and. restrictive of scenarios and parking requirements, the study
demonstrated that the total peak parking demand of 561 spaces would occur at 10:00am. The
Corporate Center is proposing 596 parking spaces, which results in an excess of 35 spaces at the peak
hour over the theoretical maximum demand. Therefore the study concluded that the 596 spaces are
adequate for the proposed land uses at the Corporate Center and therefore no mitigation is required.
Furthermore, a condition of approval for the required conditional use permit for the hotel will allow
the City of Chula Vista to require a Shared Parking Agreement if the City determines that there is a
demonstrated need for more parking on one or both of the sites after the hotel is in operation.
Traffic
The traffic-consulting firm of Linscott, Law and Greenspan (LLG) performed a traffic impact
analysis for Areas A, Band C (September 2007). For Area A the traffic report analyzed a project
proposing 125,100 square feet of furniture stores, 39,350 square feet of office floor space, 39, 350
square feet of specialty retail/Strip commercial and 27,800 square feet of restaurant space for a total
of231,566 square feet. For Area B the traffic report analyzed a high intensity land use consisting of
160,000 square feet of specialty retail/strip commercial simulating a daily worst-case scenario for the
future potential development of this site. For Area C, the traffic report analyzed a proposed 155-
room hotel with 10,000 square foot of convention/meeting rooms and a 120,000 square foot office
building. .
Eastlake Design District (Areas A & B)
The Eastlake Design District is located in the northeastern quadrant of the Otay Lakes Road/Fenton
Street intersection. Otay Lakes Road, a classified Six-Lane Major, west of Pas eo del Rey, and a Six-
Lane Prime Arterial from Paseo del Rey to the SR-125 alignment, provides the east-west access to
Areas A& B. From Otay Lakes Road, the only access to the site is from Fenton Street via Showroom
Place. Showroom Place is a 40-foot wide unclassified two-lane cul-de-sac providing access to the
project site.
Area A is an existing development consisting predominantly of furniture stores. This development is
complete and most of the buildings are occupied. The traffic study prepared by LLG (August 2007)
analyzed the proposal to modifY the present permitted land uses to allow for a mix of office,
restaurant and specialty retail. While the current proposal is to allow the entire Area A to be utilized
for commercial retail uses, the amount of available on-site parking will limit the actual amount and
type of commercial retail uses which may occur.
Area B is presently vacant and even though no site-specific project is proposed, the traffic impact
report analyzed a worst-case scenario, which included specialty retail uses. Subsequent changes to
the applicant's proposal have resulted in Area B being proposed for BC-4 uses instead. BC-4 uses
are industrial in nature and have less daily trip generation potential then specialty retail, which were
analyzed in the traffic study. The City Engineering Department has determined that this change will
not result in any additional daily trip generation.
The existing land uses of Area A are calculated to generate a total of I, II 0 ADT with 44 trips during
the AM peak hour (31 inbound and 13 outbound) and 100 trips during the PM peak hour (50 inbound
and 50 outbound). With the proposed land use change, Area A would generate a net 3,900 ADT with
6J~6
139 trips during the AM peak hour (110 inbound and 29 outbound) and 355 trips during the PM peak
hour (189 inbound and 166 outbound).
Area B site land uses were calculated to generate a total of5,440 ADT with 163 trips during the AM
peak hour (98 inbound and 65 outbound) and 448 trips during the PM peak hour (224 inbound and
224 outbound).
The traffic study calculated the traffic for Areas A & B to be a net of 9,340 ADT with 302 trips
during the AM peak hour (208 inbound and 94 outbound) and 803 trips during the PM peak hour
(413 inbound and 390 outbound), with the pass by reduction.
Short-Term Impacts (Year 0 to 4)
Based on the traffic impact study results, in the near term with the project, all intersections are
calculated to operate at Level of Service D (LOS) D or better except the Otay Lakes Rd/V ons
Driveway intersection, which is calculated to continue to operate at LOS F during the PM peak hour.
The impact at this intersection is considered to be cumulative in nature. Since this is a cumulative
impact, the following recommended traffic mitigation is tied to development of Area C and would
result in this intersection operating at an acceptable LOS C during the AM peak hour and LOS D
during the PM peak hour:
. Prior to the issuance of the first building permit for Area C the Applicant/Developer shall
pay the required amount of Transportation Development Impact Fees (TDIF) as confirmed
by the City ofChuJa Vista City Engineer to cover its share of the cost of improvements at the
intersection of Otay Lakes Rd/V ons Driveway, as described in the Project's Traffic Impact
Analysis (September 2007).
ill the near-term with development of Area A, all segments are calculated to operate at a LOS C or
better. The segment of Eastlake Parkway between Fenton Street and Otay Lakes Road is calculated
to operate at an LOS D.
Long-Term Impacts (Horizon Year 2(30)
Based on the traffic study, all intersections are calculated to operate at LOS D or better in the Year
2030, except the following:
. Otay Lakes Road/Vons Driveway (LOS E during the AM peak hour and LOS F during the
PM peak hour) - Cumulative Impact (without mitigation)
. Fenton Street/Showroom Place (LOS F during the PM hour) - Direct Impact
ill addition to the above-mentioned mitigation measure for Area A and Area B, the following
mitigation will be required to address a long term direct project impact. Once this mitigation is
implemented the intersection of Fenton Street/Showroom Place is projected to operate at an.
acceptable LOS B:
. The Applicant/Developer shall be required to enter into an agreement to design, construct,
and secure a fully actuated traffic signal including interconnect wiring, mast arms, signal
heads and associated equipment, underground improvements, standards and luminaries prior
to completing development of Area B at the intersection of Showroom Place and Fenton
Street or as determined and approved by the City Engineer. The Applicant/Developer shall
bond for the signal improvement prior to the issuance of the first building permit for Area B.
6 -1.f7
The bond shall be in an amount equal to 200% of the engineer's estimate for development of
Area B. If signal plans are submitted prior to the first building permit for Area B with an
approved engineer's cost estimate, then the bond may be reduced to as low as 100% of the
estimated cost. The Applicant/Developer shall also provide one shared through/right-turn
lane and one left-turn lane on southbound (outbound) Showroom Place. The
Applicant/Developer shall also provide one left-turn lane and one right-turn lane on
northbound Fenton Street with right-turn overlap phasing.
Hotel and Office Buildings (Area C)
To identify potential traffic impacts associated with the development of the project, a Traffic Impact
Analysis was prepared by the traffic engineering firm of Linscott, Law & Greenspan (September
2007). The traffic study projected that the proposed hotel and office building will generate an
estimated total Average Daily Traffic (ADT) of 3,950 driveway trips, with 429 trips occurring in the
AM peak hour (358 inbound and 71 outbound) and 436 trips occurring in the PM Peak hour (136
inbound and 300 outbound).
The proposed project will take access from an existing driveway on Fenton Street (see project site
plan Exhibit B). The City of Chula Vista Circulation Plan classifies Fenton Street as Class I
Collector. Otay Lakes Road will provide the east-west access to the site. Otay Lakes Road is
classified as a Six-Lane Major west of Paseo del Rey, and as a Six-Lane Prime Arterial from Paseo
del Rey to the SR 125 alignment.
Short-Term Impacts (Year 0 to 4)
Based on the traffic impact study results, in the near term with the project, all intersections are
calculated to operate at LOS D or better except the Otay Lakes Rd/V ons Driveway intersection,
which is calculated to continue to operate at LOS F during the PM peak hour. The impact at this
intersection is considered to be cumulative in nature. The following recommended traffic mitigation
would result in this intersection operating at a LOS C during the AM peak hour and LOS D during
the PM peak hour:
. Prior to the issuance of the first building permit for Area C the Applicant/Developer shall
pay the required amount of Transportation Development Impact Fees (TDIF) as confirmed
by the City ofChula Vista City Engineer to cover its share of the cost of improvements at the
intersection of Otay Lakes Rd/Vons Driveway, as described in the Project's Traffic Impact
Analysis (September 2007).
Long-Term Impacts (Horizon Year 2030)
Based on the traffic study, all intersections are calculated to operate at LOS D or better in the Year
2030, except the following:
. Otay Lakes Road/Vons Driveway (LOS E during the AM peak hour and LOS F during the
PM peak hour)
The mitigation measure proposed to address short term impacts for development of Area A & B
above will consequently adequately address the same identified long-term impact to this intersection.
6.:gS
Conclusion
The identified traffic impacts for Areas A, B and C have been adequately analyzed by the traffic
engineering finn of Linscott, Law & Greenspan and said analysis has been reviewed and approved by
the traffic engineering section of the City of Chula Vista. The implementation of the proposed
mitigation measures for the identified short term, long term, cumulative and direct traffic impacts
will result in acceptable levels of operation of these intersections.
Sewers
Sewer flows from the proposed project have been identified in the sewer capacity studies (August
2007) prepared by K&S Engineering for the existing Eastlake Design District (Area A) and for the
multi-story hotel and office building proposed for Area C. Any proposed change in land use
development of Area B would be subject to further sewer analysis as determined by the City
Engineer. The sewer study for the Design District (Area A) analyzed the existing development and
two proposed restaurants for the project site. The sewer study for Area C analyzed the proposed
flows of the hotel and office building. No further sewer analysis was performed either for Area B or
for additional restaurants that may be proposed for Area A. Based on the off-site sewer analysis for
Area A and C, the proposed projects as described above would not significantly impact the existing
off site downstream wastewater facilities and would not trigger additional sewer improvements.
However, additional sewer analysis would need to be performed by the applicant/developer, if there
is any change in land uses associated with the future development of Area B.
No adverse impacts to City sewer capacities or facilities are noted, therefore no mitigation is
required.
E. Mitigation Necessary to Avoid Significant hnpacts
AestheticsNisual Oualitv
1. Height limit for buildings proposed for Area C may be increased up to 76 feet contingent upon
compliance with all proposed revisions to the PC District Regulations and Design Guidelines
which include a combination of increased building setback, architectural design treatment and
reduction of vertical building massing. The Design Review Committee may authorize deviations
from these requirements where otherwise consistent with the intent and purpose of the PC
District Regulations and Design Guidelines.
2. At the time when actual development is proposed for Area B, the applicant will be required to
comply with the intent and purpose of the PC District Regulations and Design Guidelines and
prepare additional visual analysis in conjunction with a request for approval of Design Review
entitlements by the City of Chula Vista Design Review Committee (ORC).
Air Oualitv
3. The following air quality mitigation measures shall be implemented during grading and
construction:
a) Minimize simultaneous operation of multiple construction equipment units
b) Use aqueous diesel fuel and lean NOx catalysts for all heavy diesel engine construction
equipment
c) Use electrical construction equipment as practical
d) Use catalytic reduction for gasoline-powered equipment
16
6-39
e) Water the construction area twice daily to minimize fugitive dust
f) Pave permanent roads as quickly as possible to minimize dust
g) Use electricity from power poles as opposed to mobile power generators
h) Pave last 100 feet of internal travel path prior to exiting onto a public street
i) Install wheel washers by a paved apron prior to vehicle entry on public roads
j) Remove any soiVdirt from public streets within 30 minutes of occurrence
k) Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 mph.
The air quality mitigation measures shall be shown on all applicable grading, and building plans and
details, notes, or as otherwise appropriate, and shall not be deviated from unless approved in advance
in writing by the City's Environmental Review Coordinator.
Paleontological
4. Prior to the issuance of a building permit for Area C, the applicant/developer shall have a
paleontological monitoring program approved by the Environmental Review Coordinator. Said
monitoring program shall be implemented during grading, excavation, and utility trenching
activities in order to mitigate potential impacts to any undiscovered nonrenewable
paleontological resources (i.e. fossils).
Hvdrology and Water Oualitv
5. In order to reduce potential water quality impacts, the applicant/developer shall be required to
comply with the National Pollutant Discharge Elimination System (NPDES) regulations
including the preparation and implementation of a Water Quality Technical Report (wQTR) and
a Storm Water Pollution Prevention Plan (SWPPP). The WQTR shall be prepared pursuant to
the provisions of the City of Chula Vista Development and Redevelopment Projects Storm Water
Management Standards Manual. The SWPPP shall be prepared pursuant to the provisions of the
NPDES General Construction Permit. The applicant/developer shall also implement water
quality Best Management Practices (BMPs) as approved by the City Engineer.
6. All runoff from the project area shall be directed to, and pre-treated by, a Treatment Control
BMP before discharge to public storm drainage systems. The design of high efficiency BMP's
such as vegetated swales shall be in accordance with criteria established by the California
Stormwater Quality Association in the California Stormwater BMP Handbook (BMP#TC-30).
7. Prior to commencement of grading, temporary desilting and erosion control devices shall be
installed. Protective devices shall be provided at every storm drain inlet to prevent sediment
from entering the storm drain system. These measures shall be reflected in the grading and
improvement plans to the satisfaction of the City Engineer and Environmental Review
Coordinator.
Noise
8. Pursuant to Section 17.24.050(J) of the Chula Vista Municipal Code, project-related construction
activities shall be prohibited between the hours of 10;00 p.m. and 7:00 a.m. Monday through
Friday and between 10:00 p.m. and 8:00 a.m. Saturdays and Sundays.
9. Prior to the issuance of building permits, the Applicant/Developer shall submit a noise report
supported by data identifying specific noise attenuation features to be included in the project
design, to the City of Chula Vista Environmental Review Coordinator and the City Building
17
6-40
Official demonstrating that noise levels will be less than 45 dBA for those hotel guest rooms
facing south towards Otay Lakes Road.
Traffic
10. Prior to the issuance of the first building permit for Area C, the ApplicantJDeveloper shall pay
the required amount of Transportation Development Impact Fees (TDIF) as confirmed by the
City of Chula Vista City Engineer to cover its share of the cost of improvements at the
intersection of Otay Lakes RoadN ons Driveway, as described in the Project's Traffic Impact
Analysis (September 2007).
II. The Applicant/Developer shall be required to enter into an agreement to design, construct, and
secure a fully actuated traffic signal including interconnect wiring, mast arms, signal heads and
associated equipment, underground improvements, standards and luminaries prior to completing
development of Area B at the intersection of Showroom Place and Fenton Street or as determined
and approved by the City Engineer. The Applicant/Developer shall bond for the signal
improvement prior to the issuance of the first building permit for Area B. The bond shall be in
an amount equal to 200% of the engineer's estimate for development of Area B. If signal plans
are submitted prior to the first building permit for Area B with an approved engineer's cost
estimate, then the bond may be reduced to as low as 100% of the estimated cost. The
Applicant/Developer shall also provide one shared through/right-turn lane and one left-turn lane
on southbound (outbound) Showroom Place. The Applicant/Developer shall also provide one
left-turn lane and one right-turn lane on northbound Fenton Street with right-turn overlap
phasing.
E. Consultation
I. Individuals and Organizations
City ofChula Vista:
Jeff Steichen, Planning and Building
Steve Power, Planning and Building
Luis Hernandez, Planning and Building
Jim Newton, Engineering
Luis Pelayo, Engineering
Sandra Hernandez, Engineering
Tom Adler, Engineering
Khosro Aminpour, Engineering
David Kaplan, Engineering
Richard Preuss, Police Department
Sam Escalante, Fire Department
Dan Wery, Project Planner, RBF
Applicant!Property Owner: IRE Development
Agent: Michael A. Vogt, President
2. Documents
City of Chula Vista General Plan, (December 2005)
18
6-41
Title 19, Chula Vista Municipal Code
Air Quality Impact Analysis, Jones & Stokes, July 2007
Visual Analysis Report for Eastlake Corporate Center, Jones & Stokes, July 2007
Sewer Capacity Study, Eastlake Corporate Center, K&S Engineering, August 2007
Sewer Capacity Study, Eastlake Design District, K&S Engineering, August 2007
Water Quality Technical Report, Eastlake Corporate Center, K&S Engineering, August 2007
Drainage Report, Eastlake Corporate Center, K&S Engineering, August 2007
Geotechnical Soils Rpt, Vol. I & II, Eastlake Corporate Center, Geotechnics Inc., August 2007
Noise Analysis, Eastlake Corporate Center, Jones & Stokes, August 2007
Noise Analysis, Eastlake Design Center, Jones & Stokes, August 2007
Parking Study, Eastlake Corporate Center, LLG, August 2007
Parking Study, Eastlake Design District, LLG, August 2007
Traffic Impact Analysis, Eastlake Corporate Center, LLG, August 2007
Traffic Impact Analysis, Eastlake Design Center, LLG, August 2007
Initial Studv
This environmental determination is based on the attached Initial Study, and any comments
received in response to the Notice of Initial Study. The report reflects the independent judgment
of the City of Chula Vista. Further information regarding the environmental review of this
project is available from the Chula Vista Planning and Building Department, 276 Fourth Avenue,
Chula Vista, CA 91910.
Date: N/).,)o 2.5', 7flL'J
0, Senior Planner
J:\Planning\BenG\EastlakeBusinessCenter _ MND.doc
6-142
,
ENVIRONMENTAL CHECKLIST FORM
~l~
~--
-
0lY OF
CHUlA VJSrA
1. Name of Proponent:
2. Lead Agency Name and Address:
~. Addresses and Phone Number of Proponent:
4. Name of Proposal:
5. Date of Checklist:
6. Case No.
ENVIRONMENTAL ANALYSIS QUESTIONS:
Issues:
I. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including,
but not limited to, ~ss, rock outcroppings, and
historic buildings within a state scenic highway?
c) Substantially degrade the existing visual character or
quality of the site and its surroundings?
d) Create new source of substuitiallight or glare, which
would adversely affect day/night views in the area?
1
6-43
Michael A. Vogt
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91911
Eastlake Corporate Center LLC
821 Kuhn Drive, Suite 100
Chula Vista, CA 91914
(619) 591-2424
Eastlake Business Center
October 11, 2007
18-07-015
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
o
o
o
o
o
.
o
o
~, '-'
Less Than
Significant
Impact
.
o
o
.
No Impact
o
.
o
o
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a) The project sites are located in a developed area containing a mix of commercial, residential and industrial uses.
Immediately surrounding the project site are office buildings, industrial buildings, retail, residential, and roadways. The
projects will alter existing views, however there are no designated scenic vistas on or near the project sites. Therefore, no
impact to a scenic vista would occur as a result of this project.
b) The site was previously graded as part of a mass grading effort for the entire Business Center II. There are no scenic
resources such as trees, rock outcroppings, or designated historic bnildings on the project site or within the immediate
-project area. The Corporate Center (Area C) project is located along Otay Lakes Road, which is designated as a Scenic
Roadway by the City of Chula Vista. Scenic Roadways in the City of Chula Vista have unique roadway characteristics,
such as enhanced landscaping adjoining natural slopes and special design features that make traveling a pleasant visual
experience. The proposed project will not impact the existing slope ptanting or improvements along Otay Lakes Road and
therefore no impacts to the Scenic Roadway will occur. There are no State scenic highways in the project vicinity.
Therefore, there are no impacts related to this issue, and no mitigation is required.
c) The proposed project would improve the existing visual character and quality of the sites, which are currently vacant.
The Corporate Center (Area C) is envisioned as a well-designed and attractive urban deveiopment, consisting of a hotel
and office building. The Design Center will be reqnired to have further environmental review under CEQA when site-
specific development is proposed.
The Design Center (Area 'B) project will not degrade the existing visual character or" 'luality of the site and its
surroundings. Although the project will change the visual character of the site, it would not be considered degrading
given the use of the existing site. Mitigation measures include the review of the projects by the City of Chula Vista's
Design Review Board, observation of the special design objectives of the Design Guidelines for Eastlake Business Center
II Supplemental SPA and the City of ChuJa Vista Design Manual. Less than significant impacts to the visual character or
quality of the site and surroundings would result from the implementation of this project with the mitigation measures.
d.) Proper architectural design would ensure compliance with Section 19.66.100 of the Chula Vista
Municipal Code. Exterior lighting would not be directed upward and would be designed and installed
with appropriate shielding if necessary, to ensure that light does not spill horizontally beyond the
limits of the development area onto adjacent roadways, and surrounding residential uses.
Mitil!:ation: Mitigation Required. See SectionF of the MND.
II. AGRICULTURAL RESOURCES. Would the
proj ect:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the California
Resources Agency, to non-agricultural use?
D
D
D
.
b) Conflict with existing zoning for agriculturaI use, or
a Williamson Act contract?
D
o
o
.
2
6-44
-.
Issues:
c) Involve other changes in the existing environment,
which, due to their location or nature, could result in
conversion of Farmland, to non-agricultural use?
Comments:
Potentially
SignirlCant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
. Impact
o
o
o
.
a-c) The project site is presently located in a fully urban setting. The graded project site is neither in current
~gricultural production nor adjacent to property in agricultural production and contains no agricultural
resources or designated farmland areas.
Mitil!ation: No mitigation measures are required.
ill AIR QUALITY. Would the project:
a) Conflict with or obs1ruct implementation of the
applicable air quality plan?
b) Violate any air quality standard or contrIbute
substantially to an existing or projected air
quality violation?
c) Result m a cumulatively considerable net
increase of any criteria pollutant for which the
project region IS non-attainment under an
applicable federal or state ambient air quality
standard (including releasing emissions, which
exceed quantitative thresholds for ozone
precursors)?
d) Expose sensitive receptors to substantial pollutant
concentrations?
~-45
o
o
.
o
o
o
.
o
o
o
.
o
o
o
.
o
Issues:
e) Create objectionable odors affecting a substantial
munber of people?
Comments:
a-e) See Mitigated Negative Declaration, Section E.
Less Than
Potentially Significant Less Than
With
Significant Mitigation Significant No Impact
Impact Incorporated Impact
D. 0 0 .
Mitil!ation: Mitigation measures are required. See MND, Section F.
IV. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly or
through habitat modifications,' on any speCIes
identified as a candidate, sensitive, or special status
species In local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified
in local or regional plans, policies, regulations or by
the California Department of Fish and Game or U.S.
Fish and Wildlife Service?
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to, marsh,
vemal pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other"means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or
with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery
sites?
e) Conflict with any local policies or ordinances protecting
4
6-46
o
o
o
.
~'.....
o
o
o
.
o
o
o
.
o
o
o
.
o
o
o
.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
biological resources, such as a tree preservation policy
or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan?
o
o
o
.
Comments:
a) The project site is located in a fully urbanized developed area. Based upon a site visit conducted on July 20, 2007
by City staff no candidate, sensitive, or special status species are present within or immediately adjacent to the
proposed development area A
b) Based upon the Chula Vista MSCP Subarea Plan, no riparian habitat or other sensitive natural communities are
present within or immediately adjacent to the proposed project site. Project sites B & C have been mass graded
and site B is fully developed with wholesaIelconnnercial businesses. :'.,
c) No wetlands are present within or immediately adjacent to the proposed development area
d) Based upon the Chula Vista MSCP Subarea Plan no native resident or migratory wildlife corridors or native
wildlife nursery sites exist within or immediately adjacent to the proposed development area.
e) No impacts to any local policies or ordinances protecting biological resources, such as a tree preservation policy or
ordinance would result from the proposed project development.
f) No impacts to local, regional or state habitat conservation plans would result since the project site is a designated
development area pursuant to the adopted Chula Vista MSCP Subarea Plan.
Mitil!ation: Mitigation measures are not required.
V. CULTURAL RESOURCES. Would th'-project:
a) Cause a substantial adverse change in the significance
of a historical resource as defined in State CEQA
Guidelines S 15064.5?
o
o
.
o
b) Cause a substantial adverse change in the significance
of an archaeological resource pursuant to State CEQA
o
o
o
.
6~47
Issues:
Guidelines 9 15064.5?
c) Directly or indirectly destroy a wrique paleontological
resource or site or wrique geologic feature?
d) Disturb any human remains, including those interred
outside offormaI cemeteries.
Comments:
Potentially
Significant
Impact
o
o
Less Than
Significant
With
Mitigation
Incorporated
.
o
Less Than
Significant
Impact .
o
o
No Impact
o
.
a) There are no buildings of historic value proposed for removal project sites B & C are presently vacant of
all structures.
b) Project site A is fully developed and project sites B & C have been mass graded. Based on this grading
no cultural resources were identified within the project area, and no previously recorded sites are
located within the project boundaries. Therefore, no cultural resources will be impacted by the
proposed construction, and no further archaeological investigations are reconmiended for this project.
c) The project area and Surrounding area is considered to be paleontological sensitive pursuant to the San
Diego Natural History Museum records.
Mitigation: Mitigation is required. See Section F of the MND.
VI. GEOLOGY AND SOILS -- Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury or
death involving:
1.
Rupture of a known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the
area or based on other substantial evidence of a
known fault?
11.
Strong seismic ground shaking?
iii.
SeiSmic-related ground failure, including liquefaction?
6.348
o
o
o
o
o
o
o
o
o
.
.
.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
IV. Landslides?
o
o
o
.
b) Result in substantial soil erosion or the loss of
topsoil?
o
.
o
o
c) Be located on a geologic unit or soil that is unstable,
or that would become unstable as a result of the
project, and potentially result. in on- or off-site
landslide, lateral spreading, subsidence, liquefaction
or colIapse?
o
o
o
.
d) Be located on expansive soil, creating substantia!
risks to life or property?
o
o
.
o
e)
Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater
disposal systems where sewers are not available for
the disposal of wastewater?
o
o
o
.
Comments:
a-e) Project site "C", where development is proposed has been previously mass graded. There are no known or
suspected seismic hazards associated with the project site. The project site lies about four miles west of the
La Nacion FaultZone (an inactive fault zone). The closest recently active fault is the Rose Canyon Fault,
located about 14 miles west of the site. The site is not located within an Alquist-Priolo Special Studies
Zone. Therefore, project compliance with applicable Uniform Building Code standards would adequately
address any building safety/seismic concerns.
Geotechnics INC. prepared a GeotechnicaI/Soils report on August 2007. The report, approved by the City
Engineering Department, .states that no adverse geotechnical conditions were encountered which would
proInbit the proposed development of project site C. The preparation and submittal of a final soils report
will be required prior to the issuance of a grading permit as a standard engineering requirement.
In order to prevent silt discharge during construction, the developer wiIl required to comply with best
management practices in accordance with the NPDES General Construction Permit. The appropriate
standard erosion control measures would be identified in conjunction with preparation of final grading plans
and would be monitored and implemented during construction by the Engineering Division. Therefore, the
potential for the discharge of silt into city drainage systems would be less than significant.
Mitigation: Mitigation measures ate required. See Section F of the MND.
7
6-49
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
VII. HAZARDS AND HAZARDOUS
MATERIALS. Would the project:
a)
Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materiaIs?
o
o
o
.
b) Create a significant hazard to the public or the 0 0 0 .
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materiaIs into the environment?
c) Emit hazardous emissions or handle hazardous or 0 0 0 .
acutely hazardous materials, substances, or waste
within one-quarter nrile of an existing or proposed
school? ... ~
d) Be located on a site which is included on a list of 0 0 0 .
hazardous materiaIs sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
the environment?
e) For a project located within an airport land use pIan 0 0 0 .
or, where such a plan has not been adopted, within
two miles of a public aiIport or public use airport,
would the project result in a safety hazard for
people residing or working in the project area?
t) For a project within the vicinity of a private airstrip, 0 0 0 .
would the project result in a safety hazard for
people residing or working in the project area?
g) Impair implementation of or physically interfere 0 0 0 .
with an adopted emergency response plan or
emergency evacuation plan?
8
6-50
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
h)
Expose people or structures to a significant risk of
loss, injury or death involving wildland fires,
including where wildlands are adjacent to urbanized
areas or where residences are intermixed with
wildlands?
Cl
o
o
.
Comments:
a=d) Project Site A is a fully developed wholesale business center. Project Site C has been mass graded and the
project proposal does not involve the handling or emissions of hazardous materials.
e-f) The project is not located within an airport land use plan or within two miles ofan airport.
g) The project as proposed and based on its location would not interfere with an adopted emergency response
plan. No impacts are noted.
h) The project site is not adjacent to a wildlands area. No impacts related to significant risk of loss, u,jury or
death involving wildland fires are noted.
Mitieation: Mitigation measures are not required.
"-
VIII. HYDROLOGY AND WATER QUALITY.
Would the project
Result in an increase in pollutant discharges to receiving 0 . 0 0
waters (including impaired water bodies pursuant to
the Clean Water Act Section 303(d) list), result in
significant alteration of receiving water quality during
or following construction, or violate any water quality
standards or waste discharge requirements?
a) Substantially deplete grOlmdwater supplies or interfere 0 0 0 .
substantially with groundwater recharge such that
there would be a net deficit in aquifer' volume or a
lowering of the local groundwater table level (e.g., the
production rate of pre-existing nearby wells would
drop to a level which would not support existing land
uses or planned uses for which pennits have been
granted)? Result in a potentially significant adverse
impact on groundwater quality?
b) Substantially aIter the existing drainage pattern of the 0 0 . 0
site or area, including through the alteration of the
course of a stream or river, in a manner, which would
6J51
,
Less Than
Potentially Significant Less Than
With
Issues: Significant Mitigation Significant No Impact
Impact Incorporated Impact
result in substantial erosion or siltation on- or off-site?
c) Substantially alter the existing drainage pattern of the 0 0 . 0
site or area, including through the alteration of the
course of a stream or river, substantially increase the
rate or amoWlt of surface rWloff in a manner which
would result in flooding on-. or off-site, or place
structures within a lOO-year flood hazard area which
would impede or redirect flood flows?
d) Expose people or structures to a significant risk ofloss, 0 0 0 .
injury or death involving flooding, including flooding
as a result of the failure of a levee or dam?
e) Create or contnbute rWloffwater, which would exceed 0 . 0 0
the capacity of e~g or planned stonnwater
drainage systems or provide substantial additional ,
'-',J
sources of polluted rWlOfl?
Comments:
a) The proposed grading and development of vacant site C would result io changes io absorption rates,
drainage patterns, and the rate and amoWlt of surface rWloff. There is a potential for an increase io pollutant
discharges. However, standard BMP requirements will reduce any potential impacts to water bodies to less
than significant.
b) The project would not result io a substantial depletion of groWldwater supplies or interfere substantially with
groWldwater recharge.
c) The proposed grading and development of vacant site C would result io changes io absorption rates,
draioage patterns, and the rate and amoWlt of surface rWloff but would not result io adverse impacts to
streams or rivers that would result in substantial erosion or siltation.
d) The proposed gradiog and development cifvacant site C would result io changes io absorption rates,
draioage pattems, and the rate and amoWlt of surface rWloffbut would not result io adverse impacts to
streams or rivers that would result io substantial floodiog or place structures io a flood zone.
e) The proposal would not expose people or structures to significant risk ofloss or injury or death iovolving
flooding.
f) The proposed grading and development of vacant site C would result io changes io absorption rates,
draioage patterns, and the rate and amount of surface rWloffbut would not exceed the capacity of existing
stormwater draioage facilities.
Mitie:ation: Mitigation measures are required. See Section F of the Mitigated Negative Declaration.
6.!g2
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general pIan, specific
plan, local coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an environmental
effect?
o
o
.
o
c) Conflict with any applicable habitat conservation plan
or natural community conservation plan?
o
o
.,
o
.
Comments:
a. The project site is within an established industrial/residential commuoity. The proposal would not result in a
community being physically divided.
b. The General Plan designates the project sites A, B & C as Business Center Manufacturing Park District. The
project proposes a General Plan amendment from Limited Industrial to Commercial Retail for Area A only.
Development on Area C will be subject to approval of a Conditional Use Permit (CUP) and design review.
c. The project would not conflict with the adopted City ofChula Vista MSCP Subarea Plan.
Mitil!ation: No mitigation measures are required.
X. .MINERAL RESOURCES.. Would the project:
a) Result in the loss of availability of a known mineral
o
o
o
.
6..!S3
..
Issues:
resource that would be of value to the region and the
residents of the state?
b) Result in the loss of availability of a locally important
mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
Comments:
Potentially
Signincant
Impact
o
Less Than
Significant
With
Mitigation
Incorporated
o
Less Than
Significant
Impact
o
No Impact
.
a-b) The proposal would not result in any loss of any known mineral on-site. Pursuant to the Environmental
Impact Report for the City of Chula Vista General Plan, the State of California Department of Conservation
has not designated the project site for mineral resource protection.
_ _h ___._ _______
Mitil!ation: No mitigation measures are required.
XI. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise levels in
excess of standards established in the local general
plan or noise ordinance, or applicable standards of
other agencies?
b) Exposure of persons to or generation of excessive
groundbome vibration or groundbome noise levels?
c) A substantial pennanent increase in ambient noise
levels in the project vicinity above levels existing
without the project?
d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
levels existing without the project?
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles' of a public airport or public use airport, would
the project expose people residing or working in the
project area to excessive noise levels?
12
6-54
o
o
o
o
o
.
.
o
.
o
o
o
.
o
o
o
o
o
o
.
.'
Issues:
Potentially
Significant
Impact '
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
f) For a project within the vicinity of a private airstrip,
would the proj ect expose people residing or working
in the project area to excessive noise levels?
o
o
o
.
Comments:
a-d) See Mitigated Negative Declaration, Section E.
e) The project is not located within an airport land use p1lii1 nor within two miles of a public airport or public use
airport; therefore, the project would not expose people residing or working in the project area to excessive noise
levels,
f) The project is not located within the vicinity of a private airstrip; therefore, the project development would not
expose people wOrking in the project area to excessive noise levels,
Mitll!atlon: Mitigation measures are required. See Mitigated Negative Declaration, Section F:'."
XTI. POPULATION AND HOUSING. Would the
project:
a) Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through
extension of road or other infrastructure)?
o
o
o
.
b) Displace substantial numbers of existing housing,
necessitating the construction of replacernep.t housing
elsewhere?
o
o
o
.
c) Displace substantial numbers of people, necessitating
the construction ofreplacernent housing elsewhere?
o
o
o
.
13
6-55
Issues:
Comments:
Potentially
Signifi.cant
Impact
Less Than
Significant
With
Mitigation
Incorporated
a-;:) The proposal would not induce population growth or displace housing stock or people.
Miti!!ation: No mitigation measures are required.
XIII. PUBLIC SERVICES. Would the project:
a) Result in substantial adverse physical impacts
associated with the provision o(new or physically
altered govennnental facilities, need for new or
physicaIIy altered govennnental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain acceptable
service ratios, response times or other performance
objectives for any public services:
Fire protection?
Police protection?
Schools?
. Parks?
Other public facilities?
14
6-56
o
o
o
o
o
o
o
o
o
o
Less Than
Significant
Impact
..
.
.
o
o
o
No Impact
o
o
.
.
.
"
Issues:
Potentially
Signifi~ant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a) According to the Fire Department, the proposal would not have a significant effect upon or result in a need for
new or altered fire protection services. The CVFD currently meets the City's threshold standard in the vicinity of
the project A fire station (#8) is located less than a mile from the project area. The payment or credit of fees will
adequately mitigate potential cost impacts associated with the project.
b) According to the Police Department, the proposal would not have a significant effect upon or result in a need for
- ,substantial new or altered police protection services. The CVPD currently meets the City's threshold criteria for
Priority I Calls for Service (CFS). The payment of fees will adequately mitigate potential cost impacts associated
with the project
c) The pruposed project is not residential in nature and as such would not induce population growth.
d) Because the proposed project would not induce population growth, it would not create a demand for
neighborhood or regional parks or facilities or impact existing park facilities.
e) The proposed project would not have a significant effect upon or result in "a need for new or expanded
governmental services and could continue to be served by existing public infrastructure.
Miti!!ation: No mitigation measures are required.
;. '.~
XIV. RECREATION. Would the project:
a)
Increase the use of existing neighborhood and regional
parks or other recreational facilities such that
substantial physical deterioration of the facility would
occur or be accelerated?
o
o
o
.
b)
Does the project include recreational facilities or
require the construction or expansion of recreational
facilities, which have an adverse physical effect on the
environment?
o
o
o
.
15
6-57
'.
Issues:
Comments:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Because the proposed project would not induce population growth, it would not create a demand for
neighborhood or regional parks or facilities nor impact existing neighborhood parks or recreational facilities.
b) The project does not include or require the construction or expansion of recreational facilities.
Mitil!ation: No mitigation measures are required.
xv. TRANSPORTATION I TRAFFIC. Would the
project
a) Cause an increase in traffic, which is substantial in
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at intersections)?
b) Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
management agency for designated roads or
highways?
c) Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantia! safety risks?
d) SubstantiaIIy increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompanble uses (e.g., fann equipment)?
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
16
6-58
o
o
o
o
o
o
.
.
o
o
o
o
o
o
o
o
o
.
o
o
.
.
.
o
Issues:
g) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus
turnouts, bicycle racks)?
Comments: See Mitigated Negative Declaration, Section E.
Potentially
Significant
Impact
o
Mifu!ation: Mitigation measures are required. See Section F of the MND.
XVI. UTILITIES AND SERVICE SYSTEMS.
Would the project
a) Exceed wastewater trea1ment requirements of the
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or
wastewater trea1ment facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects?
c) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which couId cause significant
environmental effects?
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or are
new or expanded entitlements needed?
e) Result in a determination by the wastewater lrea1ment
provider, which serves or may serve the project that it
has adequate capacity to serve the project's projected
demand in addition to. the provider's existing
commi1ments?
17
6-59
o
o
o
o
o
Less Than
Significant
With
Mitigation
Jncorporated
o
o
o
o
o
o
Less Than
Significant
Impact
o
o
:'....
.
.
o
.
No Impact
.
.
o
o
.
o
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
f) Be served by a landfill with sufficient pernritted capacity
to accommodate the project's solid waste disposal
needs?
o
o
.
o
g2 Comply with federal, state, and local statutes and
regulations related to solid waste?
o
o
.
o
Comments:
a) The project is located within an urban setting presently served by an utilities and service systems and would
not exceed the wastewater treatment requirements of the RWQCB. Therefore, no adverse impacts to
wastewater treatment facilities would occur as a result of the proposed projeCt for Area C.
b) The proposal would not require new construction nor expansion of existing wastewater treatment facilities.
Development of the p~oject win not impact existing water or wastewater treatment facilities.
c) No construction of new storm water drainage facilities or expansion of existing faCilities would be necessary
as a result of the proposed project. The project is required to implement Best Management Practices to
prevent pollution of storm drainage systems and comply with the City Storm Water Management
Requirements therefore; environmental impacts would be less than significant
d) The project site is within the Otay Water District service territory. The Water District has provided a letter
stating that they have the capacity to serve the proposed proj ect.
e) The City of Chula Vista has sufficient wastewater capacity to serve this project. No impacts are noted.
f) The project win be served hy a local landfill that has adequate capacity.
g) The proposed project will comply with an state and local solid waste requirements. No impacts are noted.
Mitie:ation: No mitigation measures are required.
xvn. THRESHOLDS
Will the proposal adversely impact the City's
Threshold Standards?
A. Library
o
o
o
.
The City shall construct 60,000 gross square feet (GSF)
of additional library space, over the June 30, 2000 GSF
total, in the area east of Interstate 805 by buiIdout The
construction of said facilities shall be phased such that
the City will not fall below the city-wide ratio of 500
GSF per 1,000 population. Library facilities are to be
adequately equipped and staffed.
18
6-60
'.
Issues:
B) Police
a) Emergency Response: Properly equipped and staffed
police units shall respond to 81 percent of "Priority One"
emergency calls within seven (7) minutes and maintain an
average response time to all ''Priority One" emergency
calls of 5.5 minutes or less.
b L Respond to 57 percent of "Priority Two" urgent caIls
within seven (7) minutes and maintain an average
response time to all "Priority Two" calls of7.S minutes or
less.
C) Fire and EmerlZencv Medical
Emergency response: Properly equipped and staffed fire and
medical .units sha11 respond to calls throughout the City
within 7 minutes in 80% of the cases (measured annually).
D) Traffic
The 11rreshold Standards require that all intersections must
operate at a Level of Service (LOS) "C" or better, with the
exception that Level of Service (LOS) "D" may occur during
the peak two hours of the day at signalized intersections.
Signalized intersections west ofI-80S are not to operate at a
LOS below their 1991 LOS. No intersection may reach LOS
"E" or "F" during the average weekday peak hour.
Intersections of arterials. with freeway ramps are exempted
from this Standard.
E) Parks and Recreation Areas
The Threshold Standard for Parks and Recreation is 3 acres
of neighborhood and community parkland with appropriate
fuci1ities/1,000 population east ofI-80S.
F) DrainalZe
The 11rreshold Standards require that storm water flows and
volumes not exceed City Engineering Standards. Individual.
projects will provide necessary improvements consistent with
the Drainage Master Planes) and City Engineering Standards.
19
6-61
Potentially
Significant
Impsct
o
o
o
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
.
o
.
Less Than
Significant
Impact
No Impact
.
o
.
o
o
o
.,
. .~
o
.
o
o
Issues:
G) Sewer
The Threshold Standards require that sewage flows and
volumes not exceed City Engineering Standards. Individual
projects will provide necessary improvemeots consisteot with
Sewer Master Planes) and City Engineering Standards.
H) Water
The Threshold Standards require that adequate storage,
treatmeot, and transmission facilities are constructed
concurrently with planned growth and that water quality
standards are not jeopardized during growth and construction.
Applicants may also be required to paiticipate in whatever
water conservation or fee off -set program the City of Chula
Vista has in effect at the time of building P=Iit issuance.
20
6-62
Potentially
Significant
Impact
o
o
Less Than
Significant
With
. Mitigation
Incorporated
o
o
Less Than
Significant
Impact
.
o
,".0..J
No Impact
o
.
'.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a) The project would not induce population growth; therefore, no impacts to library facilities would result. No
adverse impact to the City's Library Threshold standards would occur as a result of the proposed project.
b) No adverse impact to the City's Police threshold standards would occur as a result of the proposed project
Police Department states that they can continue to provide service at current levels
c 2 According to the Fire Department, adequate fire protection and emergency medical services can continue to be
provided to the site. Although the Fire Department bas indicated they will provide service to the project, the
project will contribute to the incremental increase in fire service demand throughout the City. This increased
demand on fire services will not result in a significant cumulative impact No adverse impact to the City's Fire
threshold standards would occur as a result of the proposed project .
d) The surrounding street segments and intersections continue to operate in compliance with the City's Traffic
Threshold Standards at acceptable LOS levels with the exception of the intersections of Otay Lakes Road/V ons
Driveway and Showroom P!acelFenton Street, which operate at an LOS "F':.during PM peak hours with or
without the project. The intersection impacts to Otay Lakes Road/VonsDriveway are considered to be
cumulative. The traffic impacts to Showroom Place/Fention Street are considered to be direct Tn order to reduce
the cumulative and direct impacts, mitigation is required. See Mitigated Negative Declaration, Section F.
. .
.,,~
e) The prqject does not propose residential development; therefore, this Threshold Standard is not applicable.
f) The applicant proposes new drainage facilities on the project site in order to properly convey stormwater from the
developed site to existing city drainage facilities. No adverse impacts to the City's storm drainage system or
City's Drainage Threshold standards will occur as result of the proposed project
g) Based on the Sewer study prepared by K&S Engineering on August 2007, the Engineering Division has
determined that the existing sewer facilities are adequate to serve proposed project development on Area C and
existing and proposed development on Area A only. No new sewer facilities are anticipated to be required and no
adverse impacts to the City's Sewer Threshold standards will occur as a result of the proposed project.
h) Pursuant to correspondence received from the Otay Water District, the District has the terminal long-term water
storage capacity to serve the proposed proj ect Otay Water District indicates that water service can be provided at
the required pressures once the owner makes all necessary district deposits to cover engineering and inspection
costs. The existing domestic water services and fire service that currently service the project site are adequate and
will not need to be altered. Project impacts to the District's storage, treatment, and transmission facilities would
be less than significant.
Mitigation: Mitigation Required (Drainage) See Section E & F of the MND.
21
6-63
,
Issues:
XVIII. MANDATORY FINDINGS OF
SIGNIFICANCE
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
- community, reduce the number or restrict the range of
a rare or endangered plant or anirnal or eliminate
important examples of the major periods of California
history or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable when
viewed in connection lvith the effects of past projects,
the effects of other current project, and the effects of
probable future projects.)
c) Does the project have environmental effects, which
will cause substantial adverse effects on human
beings, either directly or indirectly?
Comments:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
o
o
o
.
o
o
o
.
,'.../
o
.
o
o
a) The project site presently consists principally of graded land and developed commercial land uses. The
project site is located within an established urbanized community. The site lies within the designated
development area of the adopted Chula Vista MSCP Subarea Plan. There are no sensitive plant or animal
species or cultural resources on the site.
b) As descnoed in the Mitigated Negative Declaration, significant direct and cumulative project impacts would
be mitigated to below a level of significance through the required mitigation measures
c) The project does not propose or have environmental effects, which will forseeably cause substantial adverse
effects on human beings, either directly or indirectly.
22
6-64
,
XIX. PROJECT REVISIONS OR MITIGATION MEASURES:
Project mitigation measures are contained in Section F, Mitigation Necessary to Avoid Significant
Impacts, and Table I, Mitigation Monitoring and Reporting Program, of Mitigated Negative
Declaration 18-07-015.
xx. AGREEMENT TO IMPLEMENT MITIGATION MEASURES
By signing the line(s) provided below, the Applicant and Operator stipulate that they have each read,
understood and have their respective company's authority to and do agree to the mitigation measures
c_ontained herein, and will implement same to the satisfaction of the Environmental Review Coordinator.
Failure to sign the line(s) provided below prior to posting of this Mitigated Negative Declaration with
the County Clerk shall indicate the Applicant's and Operator's desire that the Project be held in
abeyance without approval and that the Applicant and Operator shall apply for an Environmental Impact
Report. .
Eastlake Corporate Center, LLC,
a California limited liability company
By: IRE Enterprises, Inc.,
a California Corporation, managing member
/O-I/-cJ7
Date
23
6-65
'.
XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated
by the checklist on the previous pages.
. Land Use and Planning
o Population and Housing
o Geophysical
o Agricultural Resources
_. HydrologyfWater
. TransportationITraffic 0 Public Services
o Biological Resources 0 Utilities and Service Systems
o Energy and Mineral Resources . Aesthetics
. Air Quality
. Paleontological
Resources
o Hazards and Hazardous 0 Cultural Resources
Materials
. Noise 0 Recreation
o Mandatory Findings of Significance
XXII. DETERMINATION:
On the basis of this initial evaluation:
I find that the propo~ed proj ect could not have a significant effect on the environment, 0
and a Negative Declaration will be prepared. ..,
I find that although the proposed project could have a significant effect on the .
environment, there will not be a significant effect in this case because revisions in the
project have been made or agreed to by the project proponent. A Mitigated Negative
Declaration will be prepared.
I find that the proposed project may have a significant effect on the environment, and 0
an Environmental Impact Report is required.
I find that the proposed project may have a "potentially significant impacf' or ''potentially 0
significant unless mitigated" impact on the environment, but at least one effect: I) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and 2)
has been addressed by mitigation measures based on the earlier analysis as descnbed on
attached sheets. An Environmental Impact Report is required, but it must analyze only the
effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, 0
because all potentially significant effects (a) have been analyzed adequately in an earlier EIR
or Negative Declaration pursuant to applicable standards and (b) have been avoided or
mitigated pursuant to that earlier EIR or Negative Declaration, including revisions or
&' mitigation m~es that are imposed upon the proposed project, nothing further is required.
_~ N<JJ. 2.'. ''',
Benj . Gu Date -
Senior Planner
City ofChula Vista
24
6-66
'.
APPENDIX '!A"
Photo simulation for Design District Area B
6-67
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Existing Condition
IRE DEVELOPMENT
Eastlake Design District
Chula Vista, California
Conceptual Development
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6-68
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existing Condition
IRE DEVELOPMENT
Eastlake Design District
Chula Vista, California
Conceptual Development
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6-69
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Existing Condition
IRE DEVELOPMENT
Eastlake Design District
Chula Vista, California
Conceptual Development
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6-70
'.
Existing Condition
IRE DEVELOPMENT
Eastlake Design District
Chula Vista, CalIfornia
Conceptual Development
'7'
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6-71
Existing Condftion
IRE DEVELOPMENT
Eastlake Design District
Chula Vista, California
Conceptual Development
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6-72
Existing Condition
IRE DEVELOPMENT
Eastlake Design District
Chula Vista, California
Conceptual Development
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6-73
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County of
San Diego
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~ 11II Project Location
NORTH
L:\Gabe FlIes\Projeots by Requestor\Ben Guerrero\Eastlake Bus CenteMerla\s\Exhlblt-1.aI10.09,O~
Eastlake Business Center
City of Chula Vista - Vicinity Map
EXHIBIT 1
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'A: Proposed amendment to ExIsting Design District 16.7acres . .. .
8: Proposed change to BC-3. 17.7 acres Eastlake BUSIneSS Center
c: Proposed Hotel & Oftica buildings 9.6 aeras , ,
Total Acres: '44 acres City of Chula Vista - Vicini~ ~:rap ,:
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L:\Gaba FlIes\ProJects by Requestor\Ben Guarrero\Eastlake Bus CentaMerlals\Exhlblt-2.aI10.09.07
C'l
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Eastlake Business Center
City of Chula Vista - Project Area
EXHIBIT 3
NORTH
L:\Gabe FJles\ProJects by Requestor\Ben Guerrero\Eastlake Bus Cenler\A.erlals\Exhlblt-3.aI10.09.07
Not to Scale
C)
t:.:;"':J
FfNTON ST
e:.'J
OTAY LAKES ROAD
. .
Eastlake Corporate Center (Area C)
City of Chula Vista - Landscape Plan
NORTH
L:\Gaba Flles\ProJecls.by Requestor\8en Guerrero\Eastlake Bus Center\Aerials\Exhlblt-4.al 9.26.07
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EXHIBIT 4
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Eastlake Business Center
City of Chula Vista - Topographical Plan
EXHIBIT 5
NORTH
L:\Gabe Flles\ProJects by Requestor\Ben Gi..lerrero\Eastlake Bus CenteMertals\Exhlblt-5.aI10.09.07
Not to Scale
C)
NORTH
.. Eastlake Design Center (Areas A&B)
City of Chula Vista - Aerial View
EXHIBIT 6
L:\Gaba Fllas\ProJects by Requastor\8en Guerrero\Eastlake Bus CenteMerlals\Exhlblt-6.al 9.26.07
ATTACHMENT "A"
MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
Eastlake Business Center Development Proiect - IS-07 -015
This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista
in conjunction with the proposed Eastlake Business Center Development project. The proposed
project has been evaluated in an Initial StudylMitigated Negative Declaration prepared in
accordance with the California Environmental Quality Act (CEQA) and City/State CEQA
Guidelines (IS-07-015). The legislation requires public agencies to ensure that adequate
mitigation measures are implemented and monitored for Mitigated Negative Declarations.
AB 3180 requires monitoring of potentially significant and/or significant environmental impacts.
The Mitigation Monitoring and Reporting Program for this project ensures adequate
implementation of mitigation for the following potential impacts(s):
1. Aesthetics
2. Air Quality
3. Paleontological
4. Hydrology and Water Quality
5. Noise
6. Transportation/Traffic
MONITORING PROGRAM
Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators
shall be the Environmental Review Coordinator and City Engineer of the City of Chula Vista.
The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and
Reporting Program are met to the satisfaction of the Environmental Review Coordinator and
City Engineer. The applicant shall provide evidence in written form confirming compliance with
the mitigation measures specified in Mitigated Negative Declaration IS-07-015 to the
Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator
and City Engineer will thus provide the ultimate verification that the mitigation measures have
been accomplished.
Table I, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures
contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative
Declaration IS-07-015, which will be implemented as part of the project. In order to determine if
. the applicant has implemented the measure, the method and timing of verification are identified,
along with the City department or agency responsible for monitoring/verifying that the applicant
has completed each mitigation measure. Space for the signature of the verifying person and the
date of inspection is provided in the last column.
6-80
Mitigation
Measure No.
1.
Height limit for buildings for Are C may be increased up to 76 feet
contingent upon compliance with all proposed revisions to the PC
District Regulations and Design Guidelines which include a
combination of increased building setback. architectural design
treatment and reduction of vertical building massing. The Design
Review Committee may authorize deviations from these
requirements where otherwise consistent with the intent and
purpose of the PC District Regulations and Design Guidelines.
2.
At the time when actual development is proposed for Area B, the
applicant will be required to comply with the intent and purpose of
the PC District Regulations and Design Guidelines and prepare
additional visual analysis in conjunction with a request for
approval of Design Review entitlements by the City of Chula Vista
Design Review Committee (ORe).
3.
The following air quality mitigation measures shall be implemented
during grading and construction:
. Minimize simultaneous operation of multiple construction
equipment units.
. Use aqueous diesel fuel and lean NOx catalysts for all heavy
diesel engine construction equipment.
. Use electrical construction equipment as practical
. Use catalytic reduction for gasoline-powered equipment
. Water the construction area twice daily to minimize fugitive dust
. Pave permanent roads as quickly as possible to minimize dust
. Use electricity from power poles as opposed to mobile power
generators
. Pave last 100 feet of internal travel path prior to exiting onto a
public street
Environmental
Projects
Monitor to
verify wI
Planning Staff
Environmental
Projects
Monitor to
verify wI
Planning Staff
Environmental
Projects
Monitor to
verify by doing
site visits
during
construction
phase.
ApplicanUDeveloper
Notes
On
Tentative Map
&
Grading &
Improvement
Plans
x
x
x
x
X
As a note on
TM & grading
plans
Applicant/Developer
. Install wheel washers by a paved apron prior to vehicle entry
on public roads
. Remove any soil/dirt from public streets within 30 minutes of
occurrence
. Suspend all soil disturbance and travel on unpaved surfaces if
winds exceed 25 mph
The air quality mitigation measures shall be shown on all
applicable grading, and building plans and details, notes, or as
otherwise appropriate, and shall not be deviated from unless
approved in advance in writing by the City's Environmental
Review Coordinator.
4.
Prior to issuance of a building' permit for Area C, the
ApplicanUDeveloper shall have a paleontological monitoring
program approved by the Environmental Review Coordinator.
Said monitoring program shall be implemented during grading,
excavation, and utility trenching activities in order to mitigate
potential Impacts to any undiscovered nonrenewable
paleontological resources (i.e. fossils).
Environmental X
Projects As a note on
Monitor to TM & grading
verify by
coordinating plans
w/ERC & Site
visits
x
x
Applicant/Developer
5.
In order to reduce potential water quality Imp_acts, the Environmental
ApplicanUDeveloper shall be required to comply with the National Projects
Pollutant Discharge Elimination System (NPDES) regulations Monitor to
including ,the preparati.on and implementation of a Water Quality verify w/City
Technical Report (WQTR) & a Storm Water Pollution Prevention Building and
Plan (SWPPP). The WaTR shall be prepared pursuant to the Engineering
provisions of the City of Chula Vista Development & staff & site
Redevelopment Projects Storm Water Management Standards visits.
Manual. The SWPPP shall be prepared pursuant to the provisions
of the NPDES General Construction Permit. The
AppJicanUDeveloper shall also implement water quality Best
Practices (BMPs) as approved by the City Engineer:
x
As a note on
TM & grading
plans
x
Applicant/ Developer
6.
All runoff from the project area shall be directed to, and pre-
treated by a Treatment Control BMP before discharge to public
storm drainage systems. The design of high efficiency BMP's
such as vegetated swales shall be in accordance with criteria
established by the California Stormwater Quality Association in
the California Stonnwater BMP handbook (BMP#TC-30).
7.
Prior to commencement of grading, temporary desilting and
erosion control devices shall be installed. Protective devices shall
be provided at every storm drain inlet to prevent sediment from
entering the storm drain system. These measures shall be
reflected in the grading and improvement plans to the satisfaction
of the City Engineer and Environmental Review Coordinator.
8.
Pursuant to Section 17.24.050(J) of the Chula Vista Municipal
Code, project~related construction activities shall be prohibited
between the hours of 10:00 p.m. and 7:00a.m. Monday through
Friday and between 10:00 p.m. and 8:00 a.m. Saturdays and
Sundays.
9.
Prior to the issuance of building permits, the Applicant/Developer
shall submit a noise report supported by data identifying specific
noise attenuation features to be included in the project design, to
the City of Chula Vista Environmental Review Coordinator and the
City Building Official demonstrating that noise levels will be less
than 45 dBA for those hotel quest rooms facing south towards
Qtay Lakes Road.
Environmental
Projects
Monitor to
verify w/City
Building and
Engineering
staff & site
visits.
Environmental
Projects
Monitor to
verify w/City
Building and
Engineering
staff & site
visits.
Cooe
Enforcement
Officers to
respond to any
flagrant
violations
x
x
x
As a note on
TM & grading
plans
x
x
x
As a note on
TM & grading
plans
X
As a note on
TM & grading
plans
Environmental X
Projects As a note on
Monitor to
TM & grading
verify by
reviewing final plans
noise report
x
x
t\pplicantl Developer
Applicant! Developet
10.
Prior to the issuance of the first building permit for Area C, the
Applicant/Developer shall pay the required amount of
Transportation Development Impact Fees (TDIF) as confirmed by
the City of Chula Vista City Engineer to cover its share of the cost
of improvements at the intersection of Olay Lakes RoadNons
Driveway, as described in the Project's Traffic Impact Analysis
(September 2007).
Environmental
Projects
Monitor to
verify with
City Building
& Engineering
staff
X
As a note on
TM & lmprov.
Plans
The Applicant/Developer shall be required to enter into an Environmental As a note on
agreement to design, construct, and secure a fully actuated traffic Projects TM & Improv.
signal including interconnect wiring, mast arms. signal heads and Monitor to Plans
associated equipment, underground improvements, standards and verify with
luminaries prior to completing development of Area B at the City Building
intersection of Showroom Place and Fenton Street or as & Engineering
determined and approved by the City Engineer. The staff
Applicant/Developer shall bond for the signal improvement prior to
the issuance of the first building permit for Area B. The bond shall
be in an amount equal to 200% of the engineer's estimate for
development of Area B. If signal plans are submitted prior to the
first building pennit for Area B with an approved engineer's cost
estimate, then the bond may be reduced to as low as 100% of the
estimated cost. The Applicant/Developer shall also prOVide one
shared through/right-turn land and one left-turn lane on soutbound
(outbound) Showroom Place. The Applicant/Developer shall also
provide one left-turn lane and one right-turn lane on northbound
Fenton Street with right-turn over1ap phasing.
11.
Applicant! Developer
x
x
Applicant! Developer
6-85
ATTACHMENT 3
FIGURES
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L--JFenton Slreet
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108.1
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rln.3l Gr-...m:: 1Mt~ NCI Ac.~3 \4011f tic G'01'~mII'!Gd ar;no.~ ma:;Jgnu1i/lg ,:onn,llrnc!,
r.:\l Ca1f.."'"I:IJJ/.1JiJIJ Ir,ifJl/lioi Ci::''1JGalj/,W 00:;11 Ci,t::/htio!l si<l:i~lilZ.
L..J
~ Qo.rI $,uat;& (SJu;.....::I irx;~dI:lQ in ClIlrKJ/lIlwrt P~i< :sf:Jt:Stk:..
~ fASTLAKE
A pl::IO 11.00 c:owmunit)' by The E3!tl.:lkc Compal1)'
Exhibit 5
\1-16-09
11
! 1
II
10
00
10
0'
I'
I
.
,
!Esrimated
Net Ac1'8s"
19.8
58.2
78.0
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C:~r Land PlCn~lr"1g
---.,,= r-\-,
ri....,; I
G .... ,...u ;IO.""L.~
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[-12
ATTAC~~T 3, FIGURE 3A
1
PROPOSED
Site Utilization Plan
Business Center /I Supplemental SPA
Poi!in9HlI1$Rarch
---J'r----r"'-::---
\l5os......IlAcs.i::.
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ToUI
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.;::.........,....._...=s. 1;......h<:I'M..lIMlU..""-'.....,." SlI_. &~..
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n Ccffl...p:uaI jl1Ul:T1i11 Ot-....llIllOiI 1lQ/. ,,, CoteWl,'I:l" .1I.:Il~1I:S.
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']
~ EASTLAKE
A pbannt:'d cnmmllDiry byThI.' F..:otLak.e Cllmpan~'
Lcr.oPI::::TW'lO
=..~..;,: r"T'i
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~
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~
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1- 10
J
ATTAOHMENT 3, FIGURE 3B
UZ~I \ Rs-5" Jl~
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\\_-....~~1 \ RE~~,' ,22\ ....
.A \;E~ ( I Rs-5 /:. RP.~ '\.~:" 4:.2 ..," ~r\
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~ '";;s-s'~ 11.:"] ~H 05-4 '\=2 1 ~ I BC~ ~. B~;;:;~~ ''\\
,...,~ -:"fL ,(. ~.-:.(~ ..}-,.... ,. ,,,,.., x..
:& f "'I..l ,,\\VC.'./:;~;\....-<..(\~ -=~\/ )~
os-. <9.: RN ~ RC-22 'I \\ /'''BC.:l\\''.!-<'::~'\\ BC.l \;':' '\
~ '<- ....., RN \""" \1 ~.vc.4\'\ " ~ ow II
I; 05-1 r \~VC~.... II
\ VC.l .J.~C~ ........, (/
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t.~ I~J05-4 ~~ ~~\...~~ .~ Rs-5 J"\ I fU
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~I i... '\., ,\ RM-25"" (;;;/-'0 /.
""Y'" " II ,- '\~~...-:
'~~---
I Existi"9 I
Land Use Districts
~
~/
RESIDENTIAL
RE-3
R5-5
11.5-7
RP-8
RP-5L
RC-l0
RC-13
RC-15
RC-22
RM-24
RM-44
Residential Estates
Residential Single Family
Residential Single Family
Residential Planned Concept
Residential Small Lot
VC-l
VC-l.
VC-2
VC-3
FC
PA
Residential Condominium
Residential Planned Concept
Residential Condominium
Residential Condominium
Residential Multi-Family
Residential Multl.Family
VILLAGE CENTER & COMMERCIAL
Village Center (Retail)
Village Center (Retail)
Village Center (Prof. Admin.lUd, Retail)
Village Center (Retail)
Freeway Commercial
ProfesSional & Administrative
BC-l
BC-2
BC.J
Business Center (Manufacturing Park District)
Business Center (Manufacturing Service District)
Business Center (Core District)
SPECIAL PURPOSE
05-1 Open Space
05-2 Open Space
05-3 Open Space
05-4 Open Space
05-5 Open Space
05-8 Open Space
05-7 Open Space
FU Puture Urban District
PQ PublicJQuasi-pubUc District
CPF Community Purpose District
(GH) Guest House Land Use Dlsllict Ovenay,
(Refer to Section 11.30 in PC Dlst. Regs,
j~~jjm~\jH:m~jj Design District Overlay Area (Refer to Section
UE:i:;ijiUHi IV,3 in PC Dist. Regs,
BUSINESS CENTER
~EASTlAKE II
A planned community by The eastLake Co.
I..~n:j Lend PIonm
n.::l9.1.. .J
8123105
ATTAC~~'NT 3, FIGURE 4A
PROPOSED
Land Use Districts
Repeal of Design
District Overlay:
Change from
BC-1 to BC-4
\ Repeal of Design
~\\ District Overlay;
~ Cange from BC-1
, ~ to YC-5
;S
~
: ..'i.;,
J::
..
..
'"
RE-J
RS-$
R50r
RP"
RP-tl.
&10
RC.1J
&15
RC.U
RM-2.
RM-CC
RESIDENTIAl.
_ Esrat..
R_ SlngIe Family
R_a1 Sin<je Famdy
Ra_ Plannod Ccncopl
R_ SmlIII Lot
ROSKl_ Concla'nir1iuR1
_ Planned ConcePt
R._ Condominium
_ Cclndcminitn1
_MuI1I-FamiIy
Re_ Multi-Family
V1Ll.AGE CENTER & COMMERCIAl.
VC.1 Center (Re/all)
vc.1. IIage Con... (Retail)
VC.2 IIIage Canlor (Prol Admin./LId. Rc...Q
vc.J ViIage Center (Retllll)
Vc.c Village Center (Retail)
Vc.s _'~;R:;,;q"':
.........................
FC Freeway CommercIal
PA ~&~~
BUSINESS CENTER
BIlIiness Center (Uanufadurlng PIJIIr Districtl
BuSn... Center (/Janufllcturing Semt:. D1s/11cll
Busi.... Canter (eM> DIatrldI
B';;~ c;.;; ie;; ow;:
.-----.............
BC.1
Bc.2
BC-3
. BC-4
.
SPECIAL PURPOSE
0501 Open Space
0502 Space
0S-3 pen Space
OS-C Open Space
OW Space
OW n Space
o&-r Open Space
FU PuIure Ur1lan Dis1rid
PQ PubIk:JQuasI.pub DislnCI
CPF IIyPIJI'llOSOCISlric:l
(GHl Guest House Land Use 00._ Overtay.
(Refer to Sect>on 11.30 in PC Dill. Regs.
..4E4STLAKE II
A planned community by TIM Eas1LaIte Co.
Revised 1125>117
.,,)II'and~
r:~'"'1~.J
Sl2>i05
I Revised 10/23/07 I
ATTACHMI!l~T 3, FIGURE 4B
ATTACHMEN'I<\3, FIGURE 5
6-95
ATTACHMENT 3, FIGURE 6
ATTACHMENT 4
PARKING STUDY FOR
EASTLAKE CORPORATE CENTER
TABLE 1
DATED SEPT. 7, 2007
6-96
Mr. Alan Huffman
September 7, 2007
Page 9
TABLE 4
CITY OF SAN DIEGO RATES FOR THE HOTEL AND CONFERENCE SPACE
ACCUMULATION BY HOUR
Use
Office
SF
H t I R * Conference Room
o e ooms SF
Total
SF
Size
Parking Rate
Required Spaces
Actual Spaces
Hour of Day
120,000
1 /300 SF of gross floor area
400
433
156
8,837
10/1000 SF
88
652
596
1 per room
156
163
,':"''''s;rj"r-.eo 't~"'f:,~r!j,~;;:M'-"~" ""~. "'~it"'!i".t#.lf.;e'l<t4\!l;';;,t'~i;..'-t ^""
i~:f.~~fy!':~f~J~;/i.~~';i~~i, :'_" . :1~,:t~9~';:;,.1t~~J,~~'i'1jjt~~!{i:j
'''''"^<i:l,,,,'tk~';;),",!I/lA~''.''':l',,J,",~,t(-M._ ".#+:1J,,~ '-Il;,.!i'-,:',.1'""-flGilr.c-ro-1>t,,
6:00 AM
7:00AM
8:00 AM
9:00 AM
10:00 AM
11:00 AM
12:00 PM
1:00PM
2:00 PM
3:00 PM
4:00 PM
5:00 PM
6:00 PM
7:00 PM
8:00 PM
9:00 PM
10:00 PM
11:00 PM
12:00 AM
;::L"J''':t,\<,~i).~.:i~'j(wr.1':-iib'~f',';:>::~:ii;t;';~,'i~~/liJt,#H'\ir~t
}lMj;Y!I!!!li,-R~_qUjji1n'arkijjg,ts
12
80
252
372
400
400
360
360
388
372
308
188
92
28
28
12
12
o
o
156
133
101
86
70
55
47
47
55
55
70
94
109
117
140
148
156
156
156
o
o
44
88
88
88
88
88
88
88
88
88
88
88
88
88
44
o
o
168
213
398
546
559
543
495
495
531
515
467
370
290
233
257
249
212
156
156
Footnote:
* Based on City of San Diego rate for Conference/ meeting space
:\:\173J'.sh:uedparking:Ulalysis\parkingk:tterJnc
6-97
ATTACHMENT 5
OWNERSHIP DISCLOSURE FORM
6-98
I
,
~I~
-.-
.- --
-
- -
p I ann
n g
&
Building
Planning Division I
Department
Development Processing
CRY OF
CHUlA VISfA
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following Information
must be disclosed:
1. List the names of all pensons having a financial Interest in the property that Is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material SuppliE;lr.
See Exhibit 'A'
2. If any penson' identified pursuant to (1) above Is a corpol'llllon or partnership, list the names of all individuals with
a $2000 liwestrnent in the business (corporation/partnership) entity.
See Exhibit 'A'
3. If anY person' identified pu~uant to (1) above Is a non-profit organization or 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. Please idE;lntify every penson, inclUding any agents,amployees, consuitants, or independent contractors you have
assigned to represent you before the City In this matter.
None
5. Has any pe~on' associated with this contract had any finanqial dealings with an official" of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes_ No~
If Yes, briefly describe the nature of the financial Interest the official" may have In this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No _ Yes..x If yes, which Council member?
Steve Padilla, Patricia Cbavez, Jobn McCann and Steve Castaneda
276 Fourth Avenue
Chula Vista /3-dlaSifornia
91910
(619) 691-5101
Plann ng & Building Department
Planning Division I Development Processing
CRY OF
CHUlA VISTA
APPLICATION APPENDIX B
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an Item of equivalent value) to an officlal** of the City of Chula Vista In the
past twelve (12) months? (This includes being a source of income, money 10 retire a legal debt, gill, loan, etc.)
Yes No.2L
If Yes, which officlal** and what. was the nature of Item provided?
ctor/Applicant
A. Vb
type name of Contractor/Applicant
Print or
Date:
rg-/w/Of.;
*
Person Is defined as: any individual, firm, co-partnership, joint venture, aSsociation, social club, fraternal
organization, corporation. estate. trust, receiver, syn.dicatEl, any other county, city, municipality, district, or other
political subdivision. -or any other group or combination acting as a unit.
**
Officiai includes, but Is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commission, or commlllee of the City, employee, or staff members.
276 Fourth Avenue
Chula Vista ~-l:glQ-ornia
91910
(619) 691-5101
EXHIBIT A
To
City of Chula Vista Disclosure Statement
Application Appendix B
Class A Units:
EDD 2004 Partners,a California general partnership
Attn: Kenneth G. Weimer
Ted Levenson and Carol A. Lohiser Levenson, as Trustees of the Levenson Living Trust dated
March 22, 2004
David 1. and Julie K Piper, as Co-Trustees of The Piper Family Trust
dated 4/23/02
Robert G. Russell, Jr.
First Regional Bank, Custodian FBO Richard Brooks IRA #2402
Stacy Renee Fischer and Ronney Brent Robinson, as Co-Trustees of The Stacy and Ron
Robinson Living Trust dated February 11,1998
Greg and Kathy Abell, as Co-Trustees
ofthe Abell Family Trust
Jeffand Janie Stoke, husband and wife
Steve Strauss and Lise Wilson, as Trustees of the Wilson-Strauss Trust UID/T/12/8/92
ASLI, L.P., a California limited liability company
c/o Oliver R. McElroy, CPA
Oliver R. McElroy, as Trustee ofthe
McElroy Family Trust
Oliver R. McElroy and Karen H. deLaurier, as Co-Trustees of the OK Trust
dated 9/29/04
Robert White
Gary Greenberg, Trustee
Gary L. Greenberg, DDS PC Defined Benefit Pension Plan
106966.000010/465378.07
6-101
EXHffilT A
To
City of Chula Vista Disclosure Statement
Application Appendix B
William B. and Judith L. Feinberg, as Co-Trustees ofthe Feinberg Family Trust
Ian Stuart, as Trustee of The Stuart Family Trust UIA dated 9/1/2000
Carol G. and Morton R. Goodman, as Co-Trustees of The Goodman Family Trust
dated April 23, 1986
Samuel Nathan Fischer, as Trustee of the Fischer Family Trust of 1991
Stuart and Jill Koenig, husband and wife
RES-SD Investors, a California general partnership
Paul and Stacy Jacobs, as Co-Trustees
The Paul and Stacy Jacobs Family Trust dated 5/3/00
Craig A. Ramseyer
Craig Sapin
John D. Tishler, Trustee
John D. Tishler Trust dated January 29, 2003
Steven J. Untiedt
Arnold G. and Esther Fischer, as Co-Trustees of the Arnold G. & Esther Fischer Family Trust
DTD 12/19/83, as amended
Lawrence M. Cushman
Randall S. and Karin J. Leavitt, husband and wife, as joint tenants with right of survivorship
Lainer Too, LLC, a California limited liability company
Sheldon Greenberg, as Trustee of the
Sheldon Greenberg Insurance Trust dated 1976
Howard Greenberg, as Trustee ofthe
Greenberg Inter-Vivos Trust
Hal and Debby Jacobs, husband and wife, as joint tenants with right of survivorship
106966.0000101465378.07
A-2
6-102
EXHmlT A
To
City of Chula Vista Disclosure Statement
Application Appendix B
William A. Waite, as Trustee of the
William A. Waite Trust dated 12/15/81
Jeff and Deni Jacobs, husband and wife, as joint tenants with right of survivorship
Sun State LLC, a California limited liability company
Arturo and Claris Levin, as Co-Trustees
of the Levin Family Trust dated 12/14/02
Mina Levin
Bill Levin
Roberto Levin and Julie Levin, as Trustees ofthe Roberto and Julie Levin Trust
dated July 23, 2004
Eric B. Shwisberg
Regan R. Tully
Michael A. Vogt
Frank G. and Candice Trovato, as Co-Trustees ofthe Trovato Family Trust dated 10/25/2000
Herbert R. and Ludivina G. Vogt, as Co-Trustees of the Vogt Family Trust UDT
dated 711 0/198 5
Class B Units
Eric B. Shwisberg
Regan R. Tully
Michael A. Vogt
106966.0000101465378.07
A-3
6-103
ATTACHMENT 6
EASTLAKE BUSINESS CENTER II SPA-BINDER
6-104
A++(\.<! h ment
'*G
IRE-
EastLake Design
Distriet and
Corporate Center
AMENDMENTS
December 11, 2007 City Council Package
TABLE OF CONTENTS
1. General Plan
2. General Development Plan
3. Sectional Planning Area
4. PC District Regulations
5. Design Guidelines
6. Air Quality Improvement Plan
7. Water Conservation Plan
[Note: All proposed revisions are shown in shading and redline/strikeout
Yy>->'/"',: ;,--,,:?,d/;;<Y0;"'}~:\:':,?'_~'L :t:", ~T: - ',,;;) --
format. Wording to be addedls.shgw~in"~nder linerand slla.<linl!; wording
to be deleted is shown in st(ilre8tlt~Bd.~~~g.]
GP
General Plan Land Use Diagram
..
. ~or""""'$"O"lIjIlCnl$..h8Ich, pI..ss".....P..g..LUT.28Jfo,Fill..IAclioRD"Ie"..',,"'...
.0 ~;~~~~~_~
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~Ift..
WJj
O1YOf
<HJIA VJSrA
L
E
G
E
N
D
0__""""'_'.'1
LAND USE
I'UBlICFACllITlES
=.:~~~
...~..-
---
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. """"..,........,..~
..........-....
.
::!'I-.....
---
-~-
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--.....'--"'"
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---
---....
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-......-
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,v-.....-
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GENERAl PlAN DIAGRAM
Figure 5-12
.+,
CI~LAT10fllS'fSTEM
--"'-
-----"..-.'-,
-.............."....]
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_-co....,
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""""'""'-,......,
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~'''t-
..
Page LlJT-47 _'1m
Aevlsed819107
GDP
GENERAL DEVELOPMENT PLAN
EASTLAKE II
INCLUDES THE FOLLOWING SPAs:
EASTLAKE I, EASTLAKE II (EASTLAKE GREENS &TRAILS),
SALT CREEK I, BUSINESS CENTER II
AND VILLAGE CENTER NORTH
Adopted November 16, 1999
by Resolution No. 19666
Amended August 23, 2005
by Resolution No. 2005-288
Prepared by:
Cinti Land Planning
2932 Poinsettia Drive
San Diego, CA 92106
Contact: Gary P. Cinti
email: gary@cintLcom
(619) 223-7408
~m~~ded'1007 . ......
Ev Resolution No. 2007"XXX
2001 AmertdlTlen1:Prep&red bv:
REF ClJnsu1ting
9755 ClairemontMesaBoulevard. Suite 100
SanDiell.o.. CA92124
Contact: Dan Werv.AICP
(858) 614c5081
d""erv(a),rbf.com
[Note: All proposed revisions are shown in shading and redline/strikeout format. Wordinlf to be
added is shown in under line and shading: wording to be deleted is shown in strikesllt tllla
shaaiRi2..1
SECTION 1.1
GENERAL DEVELOPMENT PLAN (GDP)
TABLE OF CONTENTS
SECTION
PAGE
1.1.1 Introduction & Background ................................................................1.1.1-1
1.1.1.1 Introduction....... ............ ........... .......................................... .... ........................... ..1.1.1-1
1.1.1.2 Background .........................................................................................................1.1.1-1
1.1.2 Record of Amendments........................................................................1.1.2-1
1.1.2.1 The 1994 General Development Plan Amendment............................................1.1.2-1
1.1.2.2 The 1995 Amendment.........................................................................................1.1.2-1
1.1.2.3 The 1998 Amendment.........................................................................................1.1.2-1
1.1.2.4 The 1999 Amendment.........................................................................................1.1.2-2
1.1.2.5 The 2002 Amendment..... ....................................................................................1.1.2-2
1.1.2.6 2003 Amendments ..............................................................................................1.1.2-2
1.1.2.6.1 Land Swap Amendment (CPFIRM)............................................................1.1.2-2
1.1.2.6.2 Village Center East (Kohls) ........................................................................1.1.2-3
1.1.2.7 The 2005 Amendments .......................................................................................1.1.2-3
1.1.2.7.1 Eastlake Design District..............................................................................1.1.2-3
1.1.2.7.2 Eastlake Walk .............................................................................................1.1.2-3
1.1.3 Goals & Objectives ...............................................................................1.1.3-1
1.1.3.1 Purpose & Intent ......................................................................................................3-1
1.1.3.2 General Goals: ......................................................................................................... 3-1
1.1.3.3 Residential Goals: .............................................................. ...................................... 3-1
1.1.3.4 Commercial & Industrial Goals: .............................................................................. 3-2
1.1.3.5 Open Space, Parks & Recreation Goals:.................................................................. 3-2
1.1.3.6 Public Facilities, Circulation & Infrastructure Goals: ............................................. 3-3
1.1.3.7 Plan Administration Goals: ......................................................................................3-4
1.1.3.8 Economic Goals: ................... ....... ......... ........ .................... ..................... ...... ............3-5
1.1.4 Pu rpose & Scope ........................................................................................ 4-1
1.1.5 Definitions................................................................................................... 5-1
1.1.5.1 General........ ........................... ....................... ........ ................. ..... .......... ........... ........ 5-1
1.1.5.2 Additional Definitions ............................................................................................. 5-1
1.1.6 Regional Context........................................................................................ 6-1
1.1.7 Site Characteristics .................................................................................... 7..1
1.1.8 General Development Plan ....................................................................... 8-1
1.1.8.1 Land Use ..................................................................................................................8-1
1.1.8.2 Planned Community District Regulations ............................................................... 8-1
1.1.8.3 Plan Summary ..........................................................................................................8-1
1.1.9 Plan Summary I Statistics ......................................................................... 9-1
1.1.9.1 Statistical Summary ................................................................................................. 9-1
1.1.9.2 Density Transfer........... ............... ....... ............. ....... ........... .................. ................ ..... 9-1
1.1.10 Conformance with the General Plan.................................................. 10-1
1.1.1 0.1 Introduction.......... ........ ............. ........ ................... ..................... ...... ....................... 10-1
1.1.10.2 Background & History ........................................................................................... 10-1
1.1.10.3 Conformance with the General Plan Elements...................................................... 10-2
1.1.10.3.1 Land Use Element.......................................................................................... 10-2
1.1.10.3.2 Circulation Element .......................................................................................10-3
1.1.10.3.3 Parks & Recreation and Conservation/Open Space Elements....................... 10-3
1.1.10.3.4 Public Facilities Element ............................................................................... 10-4
1.1.10.3.5 Housing Element............................................................................................10-4
1.1.10.3.6 Safety Element .............. ......... ............... ......................... ....... ........... .............. 10-4
1.1.10.3.7 Noise Element................................................................................................ 10-5
1.1.11 Implemen tation..................................................................................... 11-1
1.1.11.1 Growth Management/Phasing................................................................................ 11-1
1.1.11.2 Community Facilities & Improvements................................................................. 11-1
1.1.11.3 Community Purpose Facilities............................................................................... 11 -2
1.1.11.3.1 Purpose & Intent ............................................................................................11-2
1.1.11.3.2 Proposed CPF Master Plan ............................................................................11-2
1.1.11.3.3 Proposed CPF Sites........................................................................................ 1 1-3
1.1.11.4 Development Agreement ....................................................................................... 11-5
1.1.11.5 Subsequent Review ................................................................................................ 11-6
1.1.12 Administrative & Legislative Procedures.......................................... 12-1
ii
LIST OF TABLES
TABLE
Table A
Table B
Table C
Table D
PAGE
Land Use Balance ........................................................................................... 1.1.6-1
GDP Land Use Statistics.................................................................................1.1.9-2
GDP Residential Density ................................................................................ 1.1.9-3
Community Purpose Facility Acres for EastLake ........................................1.1.11-3
LIST OF EXHIBITS
EXHIBIT PAGE
1 Vicinity Map ................................................................................................... 1.1.1-2
2 General Development Plan Boundaries ..........................................................1.1.1-3
3 Adopted SPA Boundaries ...............................................................................1.1.1-4
4 General Development Plan Map.....................................................................1.1.8-2
5 Master Plan of Community Purpose Facilities .............................................1.1.11-5
iii
1.1.1 Introduction & Background
1.1.1.1 Introduction
The EastLake II General Development Plan (GDP) provides a policy bridge between the Chula
Vista General Plan and the detailed planning provided in Sectional Planning Area (SPA) Plans
for the EastLake II area (see Vicinity Map, Exhibit I).
This GDP establishes Land Use Districts and defines intensity of development permitted in each
district. This GDP is the second in a series of planning documents and programs that will guide
the development of the EastLake II area. The first being the Chula Vista General Plan.
Following the adoption of the General Plan and GDP, individual SPA Plans will further detail
the planning policies and programs that will administer and regulate development. The GDP and
the SPA Plans are required components of Planned Community (PC) Zoning and have been
established in accordance with Sections 65450 through 65553 of the State of California
Government Code and Sections 19.07.010 through 19.07.030 of the City of Chula Vista
Municipal Code and apply to the property outlined by the General Development Plan boundary
shown on Exhibit 2.
1.1.1.2 Background
The General Development Plan for EastLake I, which includes approximately forty percent of
the property, was established as the EastLake I General Development Plan in August 1982.
SPA's (neighborhoods) developed in EastLake I GDP area include EastLake Shores, EastLake
Hills, Salt Creek I, Village Center North, and the EastLake Business Center I and II. Refer to
Exhibits 2 and).
The EastLake Village Center North Supplemental SPA, includes Commercial , Office
Professional and Business Center. The component of the Village Center south of Otay Lakes
Road is included in the EastLake II SPA (Trails and Greens Neighborhoods) and is limited to
Commercial uses.
The second major increment of the EastLake Community was the planning of the EastLake
Greens and EastLake Trails neighborhoods, located east of the proposed alignment of SR-125,
between Otay Lakes Road, and Olympic Parkway. This second phase was merged with the
EastLake I GDP and the two areas are now known as the EastLake II GDP.
08/23/05
Amended 11/1/07
1.1.1.1
General Development Plan I
Vicinity Map
San Miguel Ranch
~ EastLake II
\-\If,,>> I Hills and Stlores
\,. .? Salt Creek
~~<5'
1
11
11
11
11
II
~EASTLAKE
C.~~,i Lend f'\Cnning
__00.-- m
r"'\-r"i I.... .J
A PlANNED COMMUNITY BY' EASltAICE OEVBOPMENT CO
11)11/01
Exhibit 1
08/23/05
Amendedll/ll07
1.1.1-2
General Development Plan I
General Development Plan Boundaries
EastLake II GDP
EastLake III GDP
~ E4STLAKE I
"pl... t'efR_.1ty b)" 1M EasllIkr C_p..,.
Cinll land Plannirtg
-.........."J-- ~
i""'L.r1 ~ ~
5102
Exhibit 2
08/23/05
Amended 1111/07
Generai Development Plan I
1.1.1.3
Adopted SPA Boundaries
EastLake
Village Center North
Supplemental SPA
I Salt Creek Spa
. EastLake I SPA
Shores Neighborl>ood
Hills Neighborl>ood
Business Center I & 11
ViHege Center Nor1h
P"!i9,,~"1 EastLake II SPA
Greens Neighborl>ood
Trails NeighbOlhood
Land Swap Area
~E'ASTLAKE
"plaoed 1ID."UMy tpyTke t.nt..k&' C_pe'r
Cion land Planning
A::19 ~
7/23102
Exhibit 3
08/23/05
Amertdedn/l!07
L 1.1-4
General Development Plan I
1.1.2
Record of Amendments
1.1.2.1
The 1994 General Development Plan Amendment
All of the original EastLake property has been annexed to the City. After that annexation,
EastLake made an exchange of property with the Otay Ranch involving parcels known as the
Land Swap Property. This amendment incorporated a portion of the Land Swap (22.7 acres) into
the EastLake Greens SPA for annexation to the City of Chula Vista. The balance of the Land
Swap Property is to be the subject of a future action.
In addition, the EastLake Greens SPA was originally proposed to contain five parcels for higher
density housing. These parcels were given an interim density designation in the SPA approval
process. This amendment revises these interim designations to permanent designations to
maintain the overall community character.
1.1.2.2
The 1995 Amendment
This amendment relocated one public and one private park in the southern part of EastLake
Greens to create more useable park sites. As a result of these park relocations, one residential
parcel was eliminated and a public/quasi-public site was enlarged. These changes reduced the
residential density in EastLake Greens by 133 units. Density transfers and boundary adjustments
were made as a result of these changes. One density transfer of significance was the conversion
of a parcel south of the EastLake High School from its "Interim Designation" to a permanent
designation of Medium-High, which is consistent with the General Plan for this parcel. No
changes to existing conditions were proposed in the northern portion of EastLake Greens,
EastLake Trails or EastLake I Planning Areas.
1.1.2.3
The 1998 Amendment
The amendment consisted of modirying and rearranging the EastLake Trails land uses and
incorporating 133.5 acres (Northern and Southern "Land Swap" Parcels) to the EastLake II GDP,
EastLake Greens SPA and associated regulatory documents. The following paragraphs describe
the amendment in more detail.
The Northern "Land Swap" Parcel - The Northern "Land Swap" parcel is designated for
Professional and Administrative Commercial in the General Plan, and the same land use
designation in the EastLake II GDP, (EastLake Greens Neighborhood).
The Southern "Land Swap" Parcel - The Southern "Land Swap" parcel is bisected by the
extension of EastLake Parkway creating two parcels. These two parcels are zoned PC and, under
the City's General Plan, have been designated Retail Commercial and Medium-High density
residential. The parcel west of EastLake Parkway was designated Freeway Commercial,
allowing large retail operations such as Home Depot, K-Mart, etc. The parcel east of EastLake
Parkway was merged with an 8.5 acre, Low-Medium density residential parcel, targeted for
45 dwellings, and a 6.3 acre Future Urban parcel located directly south. The combined parcels
will produce a 65 acre parcel with capacity for 750 dwelling units.
08123105
Amended 111l10?
1.1.2-1
General Development Plan I
EastLake Trails Neighborhood B Under the previously adopted EastLake II GDP, the EastLake
Trails was a 393.7 acre residential SPA designed to accommodate 1,260 dwelling units with
densities ranging from Low (0-3 dulac) to Medium-High Density (11-18 dulac). Retail
Commercial, Public/Quasi-public, Parks and Open Space land uses complement the residential
land uses.
The amendment featured basically the same land uses, except for the Retail Commercial and
Medium-High residential which were deleted. The new SPA establishes Low Density (0-3
du/ac), Low-Medium (3-6 du/ac) and Medium (6-11 du/ac) density residential land use districts,
in addition to support land uses such as: Community Purpose Facilities, Parks and Open Space,
and Public/Quasi-public sites.
1.1.2.4
The 1999 Amendment
The 1999 Amendment expanded the EastLake II GDP area to include the EastLake Business
Center II SPA which was previously within the EastLake III GDP. The phasing of development
and land use similarity made it more appropriate to include this SPA, comprised entirely of
employment uses within this GDP rather than the overwhelmingly single family residential
EastLake III GDP. A supplemental SPA Plan for the business center expansion area was
approved concurrently with the GDP amendment.
1.1.2.5
The 2002 Amendment
This amendmenfCinvolved the refinement of uses within the "Village Center North" area. The
retail commercial area north of Otay Lakes Road was amended from 36.9 acres to 38.1 acres. An
additional 13.6 acres of Professional and Administrative uses and 16.4 acres of Research &
limited Manufacturing are proposed. These additional areas were the result of the deletion of a
large Public/Quasi-public use. The amendment was triggered when the large hospital/medical
center complex previously intended to be developed within the Public/Quasi-public parcel north
of the retail commercial area was not pursued by the medical services sponsor. The amendment
resulted in an expansion of the area designated for retail commercial uses and designation of
Research and Limited Manufacturing (employment) uses on the remainder of the parcel located
between EastLake Parkway and SR-125. A Supplemental SPA Plan, Village Center North, and
related documents was processed concurrently with this GDP amendment for the areas with new
land use designations.
1.1.2.6 2003 Amendments
1.1.2.6.1 Land Swap Amendment (CPF/RM)
Ordinance No. 2905 (to amend PC District Regulations) Adopted 4/15/2003
Resolution No. 2003-140 (to amend GP/GDP/SPA and text language regarding CPF sites)
adopted 4/8/2003
This amendment involved the elimination of the CPF Site southwest of the SDG&E easement in
the EastLake Greens Neighborhood (Land Swap Area) of the EastLake II SPA, and a project-
wide update of the existing and proposed CPF sites. The Master Plan of CPF Sites and the text
describing CPF sites was updated to reflect this amendment and current City standards.
08/23/05
Amend6<l11ll107
1.1.2-2
General Development Plan
1.1.2.6.2 Village Center East (Kohls)
Ordinance 2925 (to amend PC Land Use District Mapfrom VC-2 to VC-4 and new land usesfor
VC-4) adopted 7/8/2003
Resolution 2003-293 (to amend the GP, GDP, and VC North Supplemental SPA)
This amendment was a project specific amendment that allowed a specific department store to be
permitted east of EastLake Parkway and north of Otay Lakes Road. This project has now been
built.
1.1.2.7
The 2005 Amendments
1.1.2.7.1 Eastlake Design District (nepealed2001)
Ordinance No. 2999 (to amend PC District Regulations to change Land Use District Map to add
"overlay zone" and add text specific for the Design District - adopted April 5, 2005)
Resolution 2005-102 (to add sign guidelines for the EastLake Design District for the Design
Guidelines Section of the SPA)
This amendment was sponsored by International Real Estate to create the EastLake Design
District.
1.1.2.7.2 Eastlake Walk
Ordinance No. 3018 (to change the PC Land Use District Map from BC-3 to VC-la and to add
new land uses for VC-la District), adopted September 2005
Resolution 2005-288 (to change GDP designation from IR to CRY
This amendment was sponsored by Sudberry Properties to create the EastLake Walk commercial
project.
1.1.2.8
The 2007 Amendments
Resolution 2007-XX}{ {amend the GP. GD? and SPA desirmation of 16. 7 vreviowlv develoved
acres from Industrial to Commerciall.
Ordinance No: XXXX (Reveal of Ordinance No. 2999 and Resolution 2005-102. 'aniend the PC
Ref!Ulafions and Design Guidelines of the SF A).
The.2007 arnendments '. w~re intend~d. to. foster ,the proper growth . and ',development of the,
Business Center II Area by promoting a I,!reater varietv of commercial uses in. the Business
Center]l area to achieve theoriginallv planned and desired high-end mix of commercial. light
industrial research and business uses. The General Plan. General DeveloPl11ent ,Plan,and th,e
EastLake ILSupplemental Sectional Planning Area were amended to change the land use
desil!flation ofaooroximate\v 16.1previouslvde,velooed acres at the norrheastcornerof Fenton
Street and Showroom Place within the Eastlake Business Center II from Limited Industrial to
Commercial Retail.
08/23/05
Amended 11/1107
1.1.2-3
General Development Plan I
The Planned Commetcial(PC) District Regulations\ver6~mended to reoeallhe Design~Distrldt
Overlay Zorie which prohibited a cOffiQlemeritai-v"mlx'of uses 'to support the' atl'ractionand
retention of the existing home' furnishing and design'sno\vrooms and retailers. This area was
rezoned to a new zoning 'district. ' VC-5.wblch 'allowed the' existing uses as well' as a
comolementarv mix of.retaiL:restaUrant, and business uses., The'balance.oCthe former EistLake
Des(~ OiitrlctOv&lay was' rezorled to BC-3 'fu',encollratethe lfght mtlusttiaLfesellrch. 8ffil:e
arid business uses .<iriliiria1 111anrief fdr-rille'Business Center Iiirea'arid' consiSt~nt'with 'the
adiacent VC-S District and eXlstin:g aeVe!OPmMf.
Tile PC' Regulations were also ameriCled to increaSe the in~imumbuilding heiglltswithill the
EastLake Business Center lland (0 amend the De'sign' Guidelines for EastLake Business Center
1/ Suoplemental SPA to establish special criteria ~lld standards for building heights greater thall
35 feet:Newoarking standards for fumit"!ifestores were als6established.
08/23/05
Amended 1111/07
1.1.2-4
General Development Plan I
1.1.3
Goals & Objectives
1.1.3.1
Purpose & Intent
This section provides goals and objectives intended to guide the development of EastLake II
from inception through project completion. The attainment of some goals can only be measured
during later phases of the planning process. And, the attainment of many goals anticipate actions
by both the public and private sectors working together. One purpose of listing these goals and
objectives is to guide the preparation of this General Development Plan. A further purpose is to
use them during subsequent planning phases (e.g., SPA plan, PFFP, design guidelines, etc.) to
maintain consistency, assist in resolving issues and defining programs.
1.1.3.2 General Goals:
. To maintain and complete development of EastLake as an identifiable
"community" within the City of Chula Vista; a community comprising distinct
neighborhoods which provide human scale physical and social environment.
. To provide for adequate schools, parks and recreation facilities, "community
purpose facilities" and other public/quasi-public uses.
. Conceptually size and locate land and facilities required for dedication to public
or quasi-public purposes based on maximum residential development established
with the General Development Plan, while providing standards and guidelines to
refine sizes and locations as more detailed plans are prepared.
. Establish implementation phasing that provides or assures provision of public
facilities concurrent with residential development, recognizing that residential
development phases and public facility increments often do not coincide exactly.
. Adopt a balanced and dynamic community development plan with efficiently
organized elements.
. Organize and design the individual elements of the plan for public and private
efficiency.
. Recognize implementation and marketing factors in the allocation and phasing of
land uses in the General Development Plan and create an implementation process
that is consistent with those factors.
. Accommodate changing demographic patterns and cultural diversity in the plan.
1.1.3.3 Residential Goals:
. To promote reasonably priced new home opportunities, economic stability and the
enhancement of property values.
. Identify the private costs of public policies for housing and development and
balance them with the intended benefits to the community, recognizing these costs
are paid by new home buyers.
08/23/05
Amended 11/lI07
1.1.3-1
General Development Plan I
. Encourage emerging housing concepts and provide a variety of housing types
suitable for a range of potential residents.
. Provide for a range of intensity and product type consistent with each residential
land use designation.
. Adopt development standards that encourage design innovation in housing and
site planning concepts that are consistent with quality residential development.
1.1.3.4 Commercial & Industrial Goals:
. Encourage commercial and industrial facilities that enhance the economic
viability and image ofthe City ofChula Vista and EastLake.
. Provide for development of commercial and employment uses that enhance public
and private economic interests.
. Create strong linkage between the City of Chula Vista, EastLake, and the
Olympic Training Center.
. Encourage facilities that support emerging industries and shopping trends.
. Provide for a range of intensity and uses consistent with each commercial and
industrial land use designation.
. Adopt development standards that include a level of flexibility that can
accommodate new uses and structures to attract emerging industries and shopping
trends.
. Provide parcel sizes, amenities, and infrastructure to serve the needs of emerging
industries and commercial users.
. Promote employment opportunities, particularly in professional and high tech
industries.
. Create specific incentive programs (public/private partnership) to attract
professional and stable industries with emerging and long range employment
opportunities for the residents of Chula Vista.
. To use the most current water quality and watershed protection principles in the
planning and design of commercial and industrial developments whenever
possible.
1.1.3.5 Open Space, Parks & Recreation Goals:
. Provide adequate parkland and recreational facilities to meet the needs of new
EastLake residents when needed.
. Conceptually size and locate land and facilities required for park dedication
purposes based on maximum residential development established with the
General Development Plan, while providing standards and guidelines to refine
sizes and locations as more detailed plans are prepared.
08/23/05
Amended 1111/07
1.1.3-2
General Development Plan I
o Recognize that a range of types and sizes of parks is an integral component of a
quality living environment. Within that range, establish quantified standards that
define "parkland" and "park improvements" for park credit purposes during the
implementation process.
o Create an implementation process that provides or assures provision of public
facilities concurrent with residential development, recognizing that residential
development phases and public park increments often do not coincide exactly.
o Incorporate new parks into the City's system as soon as these parks are ready to
serve an increasing resident population.
o Encourage efficiency and cost savings in park acquisition/maintenance through
cooperation and integration among public, private, and quasi-public interests.
o For facilities intended to serve more than the local resident population, establish
maintenance district boundaries, or other means, so that costs for park and open
space. maintenan.ce are consistent with the area intended to be served or
bCReiitteElbenefited.
o Implement the Chula Vista Greenbelt within EastLake consistent with the Chula
Vista General Plan.
o Maximize the utility and benefits of the Salt Creek Corridor consistent with
natural resource protection.
o Protect areas within Salt Creek with significant biological resource.
o Locate facilities and amenities within the Salt Creek Corridor that promote
recreational and educational experiences outside areas of significant biological
resources.
o Use parks and open space to reinforce community structure, design and safety.
o Design and integrate parks and open space areas into the community fabric to
maximize their benefits and enhance community cohesiveness.
o Integrate trails and paths into the overall circulation system to provide alternative
circulation routes.
o Include a comprehensive brush management plan for open space areas in SPA
Plans.
1.1.3.6 Public Facilities, Circulation & Infrastructure Goals:
o Provide a balanced community transportation system consistent with the City's
Circulation Element.
o Implement, as needed, community circulation improvements required to serve
new development within EastLake.
o Contribute to regional facility improvements in proportion to project traffic
impacts consistent with the City's Threshold Standards.
o Encourage practical non-vehicular circulation.
08123/05
Amended 1111107
1.1.3-3
General Development Plan I
o Connect neighborhoods and community facilities with pedestrian traillbicycle
route facilities.
o Plan for future public transit facilities and transportation demand measures; such
as, park-and-ride facilities, vanpools, shuttle services, and telecommunications
(for home office).
o Encourage public facilities and infrastructure that are appropriate to individual
circumstances.
o Review specific instances where aesthetic or environmental benefits may warrant
an exception to standards for public facilities or infrastructure.
o Determine the need and requirements for public and quasi-public facilities within
EastLake II.
o Explore the development of integrated telecommunications systems within the
EastLake community, which would enhance communications between home,
work, schools, and other community services.
o Continue to enhance the quality of the EastLake community through excellence in
public and private education facilities, which serve all residents.
o Evaluate and phase the availability of adequate public facilities to satisfy the
City's Threshold Standards.
o Provide opportunities for "community purpose facilities," such as, churches, child
care facilities, community meeting areas, and private educational services and
recreational facilities.
1.1.3.7 Plan Administration Goals:
o Promote the coordination and communication between public agencies,
community groups, the developer and builders.
o Provide effective development plan administration, implementing an adopted
community structure, which promotes efficient and timely economic growth and
development.
o Create an administrative process that allows for density transfers and other
refinements in SPA Plans, providing they are consistent with the established
community structure and do not create significant adverse environmental, public
service or infrastructure impacts.
o Provide an implementation process that allows for change and refinement within
established parameters, to preclude the burden of a formal amendment process for
revisions that are consistent with the framework and intent or the plan.
o Create efficient processing procedures for all phases of plan implementation.
o Establish, within the implementing document, processing times for each level of
plan review, appeal, amendment, or other routine application where these are not
otherwise covered by City ordinance.
08/23/05
Amended I ill/07
1.1.3-4
General Development Plan I
. Create a process that allows efficient conveyance of large parcels where no added
entitlement or construction is involved in the subdivision.
. Balance the subdivision dedication of public facilities and other development
exactions with the fiscal impacts to development.
. Create an implementation process which links the financing required for subsidy
and exaction costs in early stages of development with the timing and amount of
development revenues and consistency with the City's Threshold Standards.
. Encourage efficiency in the environmental review process.
1.1.3.8 Economic Goals:
. Promote the economic vitality of both public and private interests.
. Incorporate positive economic results or incentives to both public and private
interests at each phase of implementation.
. Promote planning that positively positions Chula Vista and EastLake In the
context of State and regional competitive forces.
. Establish minimum economic performance goals.
. Define in the Public Facility Financing Plan any required exaction so that the cost
and timing of the exaction can be budgeted.
08/23/05
Amended Jl/l/O?
1.1.3-5
General Development Plan I
1.1.4 Purpose & Scope
This General Development Plan (GDP)establishes development parameters for the EastLake II
General Development Plan Area, which is illustrated in Exhibits 2 and 4. The GDP addresses
the distribution of land uses, circulation pattern, defines the overall community structure and
establishes development densities.
The purpose of the plan is as follows:
. Assure a high quality of development, consistent with the objectives of the
developer, City ofChula Vista, and community.
. Provide for orderly planning and long range development of the project to ensure
community compatibility.
. Preserve open space and natural amenities on the property whenever possible.
. Establish a planning and development framework to allow diverse land uses to
exist in harmony within the planned community and surrounding developments.
The GDP establishes land use districts for the site and defines in broad terms the type and
intensity of development permitted in each district.
The Environmental Impact Report prepared in conjunction with the General Development Plan
and subsequent amendments, fulfills the environmental review requirements for any proposed
development as long as the development is in conformance with the GDP.
The GDP is implemented through the adopted Sectional Planning Area (SPA) Plan, which is
more detailed. Therefore, the GDP is designed to function as a policy bridge between the City's
General Plan and the SPA Plan.
The EastLake II General Development Plan is established in accordance with Sections 65450
through 65553 of the State of California Government Code (Specific Plans) and Sections
19.07.010 through 19.07.030 of the City of Chula Vista Municipal Code, and applies to the
property outlined by the General Development Plan Map, included as Exhibit 4.
08/23/05
Amended 11/1107
1.1.4-1
General Development Plan I
1.1.5
Definitions
1.1.5.1
General
The definitions of all terms used in this document shall have the same meaning as used in the
adopted Chula Vista General Plan and Municipal Code, unless otherwise specifically defined
herein.
1.1.5.2
Additional Definitions
Land Swap Area
This is the land area added to the EastLake Community from an exchange of land with
the adjacent property owner. It is comprised of two parcels west of the previously
adopted EastLake 11 SPA (Greens Neighborhood) area, more specifically defined as:
Northern Land Swap Parcel
A triangular parcel formed by Otay Lakes Road to the northwest, SR-125 to the east,
and the boundary between the Otay Ranch to the southwest.
Southern Land Swap Parcel
This parcel is bounded by SR-125 to the west, Olympic Parkway to the south, and to
the north and east by the southwestern boundaries of the original EastLake Greens
Neighborhood (generally along the SDG&E easement).
Planned Community of EastLake:
The planned community of EastLake refers to the combined area of EastLake 11 and
EastLake III, as depicted in Exhibit 2 herein.
Village Center North
The portion of the Village Center located north of Otay Lakes Road, including the
planning areas identified as VC-l, VC-2, VC-4, and E-lO in the EastLake Village
Center North Supplemental SPA.
08/23/05
Amended 1111/07
1.1.5-1
General Development Plan I
1.1.6 Regional Context
The Eastern Territories identified in the Chula Vista General Plan are primarily comprised of
several large planned communities. The planned community of EastLake was the first of these
significant developments to be planned and implemented as a comprehensive planned
community. It has evolved into two major implementation components, known as EastLake II
and EastLake III, which combined represent the lotal EastLake project. It has always been
envisioned as a complete community which included a full range of community components,
providing opportunities to live, work, shop, and play within one master planned community.
To compare EastLake II to the other three largest planned communities, the following table
provides the percentage allocation of land to uses comprising the live, work, shop, and play
concept.
Table A
Land Use Balance
Planned Community
EastLake II?
Rancho del Rey6
Otay Ranch?
Livel Work2 Shop3
48.3% ~1O.70/0 $,66.5%
52% 1.4% 4.6%
35% 3% 3.9%
Play'
11.5%
3.2%
2%
5.
6.
7.
Includes all residential land uses as a percentage of the total project area.
Includes all industrial, office & administrative land uses as a percentage of
the total project area.
Includes all commercial land uses as a percentage of the total project area.
Includes all park and recreation uses as a percentage of the total project
area.
EastLake IUncludes all of EastLake 11 GDP.
Rancho del Rey: Includes all areas in the adopted El Rancho del Rey Specific Plan.
Dtay Ranch: Includes the Urban Villages (Dtay Valley Parcel) in the adopted
Dtay Ranch GDP.
Note: The statistics in the above table are as of the adoption of this GDP and may change from time
to time as projects are amended.
Live:
Work:
1.
2.
3.
4.
Shop:
Play:
08/23/05
A';'"ndOd JIll /07
Ll.6-1
General Development Plan I
1.1.7 Site Characteristics
The EastLake II General Development Plan consists of approximately 2,300 acres at the eastern
edge of the City's incorporation boundary. Otay Lakes Road bisects the planned community
from east to west dividing the GDP into two major areas. The area to the north, which includes
the EastLake Hills, EastLake Shores, and Salt Creek I residential neighborhoods and the
Business and Village Centers, is known as EastLake I SPA. The area south of Otay Lake Road
includes, from west to east, the EastLake Greens and EastLake Trails Neighborhoods. (See
Exhibit 3).
All surrounding properties are either developed, under development or planned for development.
The GDP area is bounded to the north by the Salt Creek Ranch and Rancho San Miguel planned
communities; to the west by Otay Ranch Village Five and a subdivision known as Telegraph
Canyon Estates; to the east by the EastLake III General Development Plan area; and to the south
by Otay Ranch Village Eleven, south of Olympic Parkway.
The project site is generally comprised of gently rolling topography with the Salt Creek corridor
forming the predominate geographic feature. The rounded features of the site reflect the years of
plowing and discing associated with its historical dry farming use. Localized views to Salt Creek
and adjacent hillsides available from hillside locations. The range in elevation is approximately
I 50 feet from the creek bed to hilltop.
Salt Creek is also the significant natural resource on the site. The southernmost portion has been
identified as an environmentally sensitive area because of its biological and wildlife habitat
value, and aesthetic value. The original EastLake EIR (EIR 81-03) biological survey of the area
identified sensitive resources within Salt Creek and in the southernmost portions of the site. No
significant archaeological or cultural resources have been identified in several surveys of the
project site. Currently, most adjacent properties have been developed.
08/23/05
Amended] 11l/07
1.1.7-1
General Development Plan I
1.1.8
General Development Plan
1.1.8.1
Land Use
The General Development Plan designates a wide range of residential densities, residential
support uses, commercial and employment uses. Residential support uses are found within the
Public/Quasi-Public (PQ) category. These uses include schools, utility sites, and other
community facilities. A significant amount of employment uses (professional and
Administrative, and Research and Limited Manufacturing) is designated in the north-central
portion of the plan area. Commercial areas are designated adjacent to the planned SR-125
interchanges at Otay Lakes Road and Olympic Parkway. See Exhibit 4, the General
Development Plan Map.
Additional land use detail and statistics are included in the Sectional Planning Area (SPA) Plan
as the Site Utilization Plan. The purpose of this plan is to provide a more specific level of detail
of uses included as broad categories in the General Development Plan.
1.1.8.2
Planned Community District Regulations
With respect to development standards and use regulations, the Planned Community (PC)
District Regulations provide detailed standards that are applicable to each parcel of land. These
Planned Community District Regulations, as a component of the General Development Plan for
the EastLake 11 (expanded EastLake I) provide the primary development regulations for all four
SPA Plans within the GDP area. Within the Planned Community District Regulations, the Land
Use Districts exhibit, provides the geographic distribution of the various land use districts.
1.1.8.3
Plan Summary
The project consists of five residential neighborhoods: EastLake Hills, EastLake Shores,
EastLake Greens, EastLake Trails, and Salt Creek 1. The project includes sites for necessary
public facilities including a high school, two community parks and three elementary school sites
to be shared with EastLake Ill.
Detailed development policies, standards and programs are provided in SPA Plans to assure
well-planned, quality development, conservation of important onsite resources and provision of
adequate and timely public services and facility improvements to serve the project.
08/23/05
Amended 11/1107
1.1.8-1
General Development Plan I
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8123105
Corrected 10/23/07
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A planned community bY The East\.llke Company
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8/23105
I Revised 10/23/071
1.1.9
Plan Summary / Statistics
1.1.9.1
Statistical Summary
The statistics on the following pages, in Table B Land Use and Table C Residential Densities,
are based on the overall General Development Plan and detailed by SPA Plan area. In the event
that the statistics on these tables vary, due to density transfers or refinements, from any adopted
SPA Site Utilization Plan map the SPA Plan shall prevail.
1.1.9.2
Density Transfer
In order to promote flexibility in residential densities, the transfer of dwelling units from one
residential category to another within any SPA may be approved as a part of the SPA plan
approval process. Notwithstanding this provision, the clustering provisions of the General Plan
Update shall be utilized to maintain the community character inherent in the density categories
established by this General Development Plan.
Transfers of density shall be based on evidence that the proposed transfer would substantially
improve the spatial or functional relationships of the involved SPA, or would materially increase
the quality of land use, circulation or conservation pattern thereof. Transfers of density into the
low density category should not result in a reduction in lot size requirements.
Transfer of units from one parcel to another within the same SPA may be processed
administratively if:
I. the proposed unit count for all parcels remains within the range (s) indicated on
the Site Utilization Plan;
2. the proposed product types are consistent with those listed for each parcel on the
Site Utilization Plan; and,
3. the GDP and SPA total number of dwelling units is not exceeded. Modification
which are not consistent with all these criteria shall require a formal SPA
amendment.
Should such a transfer be approved, applicable statistics and the General Development Plan Map
shall be revised as an administrative matter without the necessity of a formal plan amendment.
08/23/05
Amended I Jll/o?
1.1.9-1
General Development Plan I
Table B
GDP Land Use Statistics (acres)
Land Use Category NEIGHBORHOOD AREA TOTALS
Hills Shores Salt Creek Greens Trails Business
I Center'
RESIDENTIAL
Low (0-3 dulac) 109.4 0 43.6 34.4 10.4 0 197.8
Low-Medium (3-6 dulac) 35.3 36.4 0 183.9 195.6 0 451.2
Medium (6-11 dulac) 0 66.3 0 156.1 18.4 0 240.8
Medium-High (11-18 0 24.3 28.5 99.5 0 0 152.3
dulac)
High (18-27 dulac) 0 10.3 0 0 0 0 10.3
Sub-total 144.7 137.3 72.1 473.9 224.4 0 1052.4
NON-RESIDENTIAL
Retail Commercial 0 0 0 19.6 0 38.1 so..)
97.0
Freeway Commercial 0 0 0 50.7 0 0 50.7
Professional & 0 0 0 29.0 0 0 29.0
Adminislrative
Research & Limited 0 0 0 0 0 245.1 m.o
Manufacturing 214.3
Open Space 93.6 54.8 18.9 37.9 5.3 4.6 215.1
Public/Quasi-public 10.0 0 0 85.3 17.8 0 113.1
Parks & Recreation 2.4 21.4 0 197.8 51.5 9.1 282.2
Major Circulation . . . 105.0 16.0 . 224.9
Future Urban 0 0 0 0 0 0 0
Sub-total 106.0' 76.2' lil":9' 521.0 113~1 310.5' ~
1226.3
TOTAL 250.7' 213.5' 91.0' 994.9 338.1 310.5' 2281.7
· Acreage not allocated
J Includes Village Center North uses.
2 Excludes Major Circulation
08/23/05
Amended 11/1/07
1.1.9-2
Gener.1 Development PI.n I
Table C
GDP Residential Density (dwelling units)
Residential Category NEIGHBORHOODS AREA TOTAL
S
Hills Shores Salt Creek 1 Greens Trails
Low (0-3 dulac) 291 0 169 94 31 585
Low-Medium (3-6 dulac) 163 186 0 872 926 2147
Medium (6-1 1 dulac) 0 663 0 1170 186 2019
Medium-High (1 ]-18 0 426 381 1307 0 2114
dulac)
High (I 8-27 dulac) 0 250 0 0 0 250
Total 454 1525 550 3443 1143 7115
Average Density (dulac) 3.1 11.1 7.6 7.3 5.1 6.8
Population (@2.88/du) 1308 4392 1584 9916 3292 20491
08/23/05
Amended 11ill07
1.1.9-3
General Development Plan I
1.1.10 Conformance with the General Plan
1.1.10.1 Introduction
This section describes the conformance of the project with the Chula Vista General Plan; the
history of the project to various General Plan updates, and; the relationship of the project to the
specific elements of the General Plan. Implementation of this GDP shall be consistent with the
requirements of the General Plan. Specific implementation and phasing strategies have been,
and will be, provided in the various SPA Plans which comprise EastLake II GDP Planning Area.
1.1.10.2 Background & History
When the planning of EastLake began in 1979 the General Plan for the Eastern Territories had
not been developed to its current state, since development of a new community on the scale of
EastLake had not been conceived prior to that time. Individual development proposals were
incrementally added as amendments to the General Plan. The approval of EastLake I, which
included the now existing communities of EastLake Shores, EastLake Hills, and the first phase
ofthe EastLake Business Center, was one of these incremental general plan amendments adopted
in 1982.
The submittal of plans for the next phase of EastLake community planning, EastLake Greens and
EastLake Trails, occurred prior to the comprehensive General Plan update, but was not adopted
until 1989. This planning was reflected in the General Plan and adopted as the EastLake II GDP.
The categories were broad interpretations of the specific planning being proposed for these
neighborhoods. The EastLake Greens neighborhood submittal included a SPA Plan concurrently
with the General Plan and GDP. The EastLake Trails neighborhood only included the
concurrent processing of the EastLake II GDP.
The next update of the General Plan in EastLake occurred when the EastLake III GDP area was
approved, bringing the Olympic Training Center to Chula Vista in 1990. A GDP was adopted
and reflected in a concurrent General Plan amendment.
The most recent major amendment to the General Plan for the EastLake community occurred in
2005 as a city-wide General Plan Update (GPU), which changed the land use designation in a
portion of Village Center north from Industrial to Commercial. This GPU amendment included
the 2005 amendment to this General Development Plan.
The Gelleral.. Planwasam~!ld~a 111' 2()07to're\SI!is~ifva)16.7~a6l'eal'ea p;'e"iously'd~yel?pea .!is
the, EastLake Desig? [)istfict' fe~turing furnitu~~tl.h?medesil1,? b,!~inesses from' Industrial to
Commel'cial to better reflect the current and desired usebfthe property:
The General Plan amendments and updates for EastLake reflect a consistent process of evolution
since its original conception as a new community. All have been amendments adopted
concurrently with more detailed development proposals. The current proposed amendment to
the General Plan for the EastLake Trails neighborhood is the most recent example of this
process. This concurrent planning process has maintained an ongoing consistency between the
General Plan and the GDPs and SPAs.
08/23/05
Amended 1111/07
1.1.10-1
General Development Plan I
1.1.10.3 Conformance with the General Plan Elements
1.1.10.3.1 Land Use Element
EastLake II General Development Plan consists of approximately 2,300 acres. The individual
neighborhoods of the EastLake II GDP consist of the Salt Creek I, Hills, Shores, Business Center
I and II, Greens/Land Swap and the Trails.
The Salt Creek I neighborhood is located north and south of East "H" Street, east of the future
SR-125 freeway alignment. The General Plan designates this neighborhood Medium-High
Residential (11-18 dulac). The GDP land use designation and maximum number of dwelling
units allowed on this site is about 7.6 dulac which is below the General Plan permitted density.
The Hills neighborhood located north of "H" Street is designated Low Residential (0-3 dulac),
Low-Medium (3-6 dulac) and Open Space with an elementary school. The GDP consists of
single family residential and open space uses consistent with the land use pattern established by
the General Plan. The EastLake Elementary School and park are located as indicated on the
General Plan Land Use Plan. The neighborhood overall density is approximately 3.0 dulac,
which is at the lower end of the General Plan designation.
The Shores neighborhood located south of "H" Street is designated a wide range of residential
densities including Low-Medium (3-6 dulac) , Medium (6-11 dulac), Medium-High (11-18
dulac), and High (18-27 dulac). The GDP land use is consistent with the various densities
arranged around the private lake which is shown on the General Plan as Public/Quasi-Public and
Water. There is also a small portion of open space reflecting the canyons to the southwest of the
residential neighborhoods. The overall neighborhood density is approximately 11 du lac, which
is at the low end of the General Plan density range for this area.
The Village Center is located north of Otay Lakes Road and is designated Retail Commercial in
the GDP. The Village Center is consistent with the General Plan and is intended to be developed
as a Commercial-Retail plus a minor area of Research & Limited Manufacturing.. The adjacent
area on the east side of EastLake Parkway is designated Professional and Administrative and is
designated in the GDP for professional and administrative uses.
The first phase of the EastLake Business Center is located in EastLake II General Development
Plan and is designated Research and Limited Manufacturing on the General Plan. This area is
planned to accommodate a broad range of business and industrial uses in the GDP to provide
local employment opportunities to the community.
EastLakeBusiness CenterIlislocatedwithintl1eEastLaketrGeneral Development Platt'and is
d~.sil.!nat~d Res~arch and bilTIited Manufacturinl.! al1dI~.etailConl.lTIercial... This. areais.Dlanred to
accommodate a: broad range of industrial arid retail uses along with. complementarv commercial
uses;
The Greens neighborhood is designated for a wide range of residential, retail commercial and
public uses on the General Plan. The GDP designates the area at the southwest corner of Otay
Lakes Road and EastLake Parkway as retail commercial to provide for a community shopping
center. The residential uses vary, including, Low-Medium (3-6 du/ac) Medium (6-11 dulac). and
Medium-High (11-18 dulac). The overall neighborhood density is about 7.2 dulac, which is well
within the average density of the General Plan.
08/23/05
Amended 1111/07
1.1.10-2
General Development Plan I
The public uses on the General Plan designate an area for a high school, community park,
elementary school, neighborhood park, water utility reservoir, and freeway commercial. The
southern portion of the "Land Swap" includes Medium-High Residential and Freeway
Commercial. The northern portion of the "Land Swap" includes professional and administrative
area on Otay Lakes Road. The GDP is consistent with the pattern of land uses designated on the
General Plan. The focal point of the Greens neighborhood is the EastLake Golf Course which is
integrated within the residential neighborhood. Residential densities are varied throughout the
GDP as permitted by the General Plan with the overall density within the acceptable range.
The Trails neighborhood is designated Low-Medium (3-6 du/ac), with open space, elementary
school, neighborhood park, and a small neighborhood commercial center at the comer of Otay
Lakes Road and Hunte Parkway. The commercial center is no longer included in the GDP and
will be eliminated. The GDP adjusts the location of the elementary school, which is permissible
by the General Plan, and designated the Salt Creek Open Space Corridor as a community park
which will serve both the EastLake II General Development Plan, but also the EastLake III
General Development Plan area. The proposed density of 5.1 du/ac is consistent with the
General Plan density range.
1.1.10.3.2 Circulation Element
The General Plan Circulation Element designates four major road facilities to serve the EastLake
II General Development Plan. SR 125 is planned as a major freeway/toll road providing regional
access to the area by connecting the Otay Mesa Border Crossing to freeways to the north such as
SR-54, and 1-8. The GDP provides the future right of way needed for SR-125.
The General Plan also designates three Prime Arterial roadways providing east west access to the
area from 1-805: "H" Street, Otay Lakes Road and Olympic Parkway. Each of these roads
requires a right of way to accommodate 4 lanes of traffic with raised medians. EastLake
Parkway and Hunte Parkway are shown as major roads (4 lanes) and several local streets are
designated as collector roads. All General Plan roads are shown on the GDP and adequate
provisions are included to accommodate traffic generated by the development.
1.1.10.3.3 Parks & Recreation and Conservation/Open Space Elements
The General Plan designates a community park on EastLake Parkway adjacent to the high school
and two neighborhood parks in the Greens and Trails neighborhoods. There are also major open
space corridors shown along the north side of the Hills which reflects steep topography and also
along Salt Creek in the Trails neighborhood. The Hills open space is treated as natural open
space in the GDP, however, the Salt Creek Open Space is planned for a combination of
community park, mitigation areas for habitat protection and a private homeowner's swim
complex and fishing lake. This combination of public and private park and open space uses is
consistent with the General Plan Open Space land use category.
The neighborhood parks are located within the Greens and the Trails neighborhoods and the
GDP supplements these park facilities with a number of private park facilities which include
swimming pools, basketball courts, tennis courts, picnic facilities, community meeting facilities
and tot lots located within the residential neighborhoods. The Trails neighborhood park will be
incorporated into Ie the Salt Creek Community Park, which actually provides more park land
than shown on the General Plan for EastLake II GDP.
08/23105
Amended 1111/01
1.1.1 0-3
General Development Pion I
1.1.10.3.4 Public Facilities Element
The Public Facilities Element provides policy guidance for all development projects. It
addresses water, sewer, drainage, hazardous waste disposal, schools and libraries. The EastLake
II General Development Plan implementation documents will provide detailed plans for the
provision of public facilities in accordance with adopted Master Plans and the City's Quality of
Life Threshold Standards.
This GDP must prepare a comprehensive Public Facilities Financing Plan for each neighborhood
to identify the public facilities to be provided by the developer to serve the development. Water
plans for each neighborhood are approved by the Otay Municipal Water District and required
facilities must be financed by the developer. Sewer plans are required to conform to the City's
Sewer Master Plan and facilities such as transmission mains and pump stations are made
conditions of tentative maps. Drainage facilities are designed on the basis of master drainage
plans and financed and made conditions of the development.
Hazardous wastes must be disposed of in accordance with State requirements of the Department
of Health Services and the County Hazardous Materials Management Division. The only facility
in Chula Vista is located at the Otay LandfilL
Master plans for both the elementary school district and the high school district provide the site
locations for schools designated on the General Plan. The GDP includes these school sites on
the land use map and the Public Facilities Financing Plans provide the phasing and financing
implementation necessary to construct schools in accordance with the school districts
enrollments.
1.1.10.3.5 Housing Element
The Housing Element requires that all major projects shall construct 5% low income housing
and 5% moderate income housing consistent with the HUD guidelines based on size and family
incomes. The GDP addressed this requirement and lays out the framework for an Affordable
Housing Agreement which implements the General Plan policy for each neighborhood. The
EastLake II General Development Plan provides for 5% low income housing and 5% moderate
income housing in accordance with the General Plan.
1.1.10.3.6 Safety Element
The City of Chula Vista provides for public safety and seismic protection through a variety of
mechanisms addressed in the GDP and implementation programs. Fire stations are located in the
GDP based on travel times to respond in case of fire or medical emergencies. Water supplies are
engineered to accommodate peak demand periods. Streets are designed with adequate widths
and safe routes for emergency vehicles. Building codes ensure the safety of buildings and
seismic studies of fault lines to identify appropriate setbacks and other safeguards in the event of
an earthquake. New development planned in this GDP is in conformance with all of the life and
property protections contained in the General Plan and implementing building codes and fire
codes.
08/23/05
Amended 11/1107
l.l.l 0-4
General Development Plan I
1.1.10.3.7 Noise Element
The Noise Element requires that the City apply noise protection standards which recognize the
right of every citizen to live and work in a safe environment without excessive noise. Noise
studies are carried out in conjunction with the environmental impact report requirements for
GDP's to identify setbacks or noise buffers for sensitive areas within the development. These
measures are carried out in the development of the project. There are no identified major noise
generators located within the GDP and the development is consistent with the policies of the
General Plan.
08/23/05
Amended tl/l/07
1.1.10-5
General Development Plan I
1.1.11 Implementation
1.1.11.1 Growth ManagementJPhasing
This GDP will be used by the City and the developer to ensure that development occurs in an
orderly fashion and that public facilities are provided concurrent with need while, at the same
time, providing flexibility to allow the developer to respond to changing market conditions. The
conceptual phasing information has been and will be presented in SPA Plan to be developed
primarily for the purposes of determining preliminary circulation and public facility
requirements. The objective of these phasing plans is that public facilities will be provided
concurrent with need and in accordance with the threshold standards established by the City of
Chula Vista.
1.1.11.2 Community Facilities & Improvements
Specific community facility requirements will be identified for each SPA Plan. The following
standards have been established for community facilities.
. Circulation: Development within EastLake II shall comply with the City's Level
of Service "C" requirement for the operation of circulation element roads. A
transportation phasing plan consistent with the City's Growth Management
Element shall be incorporated into the SPA Plans to ensure that level of service
standards are met.
. Water: A detailed water master plan shall be prepared in conjunction with each
SPA Plan. The water master plan shall be subject to review and approval by the
Dtay Water District.
. Sewer: A detailed sewer master plan shall be prepared in conjunction with each
SPA Plan. The sewer master plan shall include consideration of reclaimed water
and shall be subject to review and approval by the City of Chula Vista.
. Drainage: A conceptual drainage plan shall be included in each SPA Plan. The
conceptual drainage plan shall, in particular, address drainage areas in Salt Creek.
Drainage plans for individual developments shall be prepared to the satisfaction
of the City Engineer.
. Fire and Police: Each SPA Plan shall define specific facility requirements for
fire and police protection to the satisfaction of the Chula Vista Police and Fire
Departments.
. Schools: School facility requirements shall be defined in EastLake II GDP and
each subsequent SPA Plan to the satisfaction of the Chula Vista Elementary
School District and the Sweetwater Union High School District. Three
elementary school sites and one high school site are provided within the EastLake
II GDP area. As of this most current GDP amendment, all sites have been
implemented.
08/23/05
Amended 11/1/07
1.1.1 I-I
General Development Plan I
1.1.11.3 Community Purpose Facilities
1.1.11.3.1 Purpose & Intent
Chapter 19.48. P-C - Planned Community Zone, requires that all land in the PC zone provide a
minimum of 1.39 acres of land per 1,000 persons for community purpose facilities (CPF), such
as: a) Boy Scouts, Girl Scouts, and similar organizations; b) social and human service activities,
such as Alcoholics Anonymous; c) serVices for the homeless; d) services for military personnel
during the holidays; e) senior care and recreation; I) Worship, spiritual growth and development,
and teaching of traditional family values; g) non-profit or for profit day care facilities that are
ancillary to any ofthe above or as a primary use. For profit facilities as, primary use are subject
to further requirements and additional criteria as outlined in Section 19.48.025 (I); h) private
schools that are ancillary to any of the above; i) interim uses, subject to the findings outlined in
19.48.025(E); andj) recreational facilities, such as ball fields for non-profit organizations serving
the local community, subject to the requirements outlined in 19.48.040(B)(6)(d). However,
where recreational ball fields are desired as a conditional use in Community Purpose Facilities
land use districts, a "CPF Master Plan", showing the specific boundaries of the master plan and
existing and proposed distribution of CPF uses within a SPA, GDP or overall Planned
Community shall be considered and approved by the Director of Planning and incorporated as
part of the Planned Community's General Development Planes). In addition, recreational ball
fields shall not utilize more than 35% of the overall SPA, GDP or Planned Community CPF
acreage required, and no park credit may be granted for community purpose ball fields.
The total acreage required may be reduced by the City council in certain circumstances such as
when shared parking facilities are available with other facilities.
1.1.11.3.2 Proposed CPF Master Plan
The CPF Master Plan boundaries encompass EastLake Greens (including the "Land Swap"
Parcels), EastLake Trails, EastLake Business Center II, EastLake Vistas and EastLake Woods
(see Exhibit 5). Four sites are distributed throughout the remaining SPAs insuring that each
future CPF site will serve a different neighborhood. In addition, the sites are located along major
road to enhance accessibly to the facility by community residents.
Based upon the anticipated development statistics for the CPF Master Plan area, the overall
combined CPF acreage required and proposed is as follows:
08/23/05
Amended 11/1/07
1.1.11-2
General Development Plan I
Table D
Community Purpose Facility Acres for EastLake
Note: A concurrent amendment to the EastLake III GDP is in process. It will, if adopted, include
an amendment to this table and the text that follows.
EastLake EastLake EastLake Total
11* II. m
Greens Trails (adopted
Neil!b** Neil!b. GDP)
Dwelling Units 3443 1143 2061 6647
CPF ac!du 0.004003 0.004003 0.004003 --
CPF Required (ac) 13.8 4.6 8.3 26.6
CPF Provided (ac) 15.8 4.6 10.8 31.1
. EastLake I (North of Otay Lakes Road) is excluded from this table.
.. Includes proposed Land Swap amendment.
1.1.11.3.3 Proposed CPF Sites
The CPF Master Plan provide a total of31.1 acres in four different sites. Exhibit 5, identifies the
proposed CPF sites which are described in more detail below.
Site 1 (Existing): Located in EastLake Greens, a portion of this 15.8 acre site (12.2 acres) has
been conveyed to a religious institution for use as a place of worship. The remaining portion of
the site 3.6 acres is currently available for acquisition and use for community purpose facilities
and is further described below.
Site 1 (Future): Located in EastLake Greens on the east side of EastLake Parkway, south of the
SDG&E power easement. This 3.6 acre site is currently available for acquisition and use for
community purpose facilities.
Site 2: This CPF site is located within the Trails neighborhood and is proposed to conditionally
permit little league ball fields for non-profit organizations serving the local community. The
development of the site (4.6 acres) would be subject to the requirements outlined in the EastLake
II Planned Community District Regulations and Section 19.48.040(B)(6)(d) of the Chula Vista
Municipal Code.
Site 3: This site is located in the Vistas neighborhood of EastLake III GDP and consists of 10.8
acres. The future Vistas SPA Plan will refine the exact location and acreage this site
The sites identified on this Master Plan are, or will be, designated in the Planned Community
District Regulations as "CPF" to insure their continued availability pursuant to city requirements.
With the exception of CPF site Nos. 2 and 4, which will include little league ball fields as a
conditional use permit, the above mentioned CPF sites could accommodate by conditional use
permit the following land uses:
. Boy Scouts, Girl Scouts, and other similar organizations;
08/23/05
Amended 11I1/O?
!.I.11-3
General Development Plan I
. Senior care and recreation;
. Worship, spiritual growth and development, and teaching of traditional family
values;
. For profit and non-profit day care facilities that are ancillary to any of the above;
. Private schools that are ancillary to any of the above;
. Interim uses, subject to the findings outlined in Section 19.48.025(E) of the Chula
Vista Municipal Code;
. Recreational ball fields not to exceed 35% of the overall CPF acreage requirement
for the CPF Master Plan.
08123/05
Amended 1111107
1.1.11-4
General Development Plan I
Master Plan of
Community Purpose Facilities
CPF Locations
O EastL8ke Greens
(EJI~
. EastLake Greens
If_'
o Eastlake Tratls
. Eas.tlake Vistas
EetlLak. II EonIl._P EnOl.... PI T....
Green_ Nfigh TralbJ N.lgh. GDP
o..lUft Unitll 3403 1103 2061 66C
CPF_ .kellll 13.8 ~.6 8.3 2.
O'F Acres. ProoAd.. 15.8 U 1 .8 31.1
EastLake III . Woods
Eastlake Trails
EastLake III . Vistas.
Eastlake Greens
~ EASTLAKE III
A planned comt'nl.lntty by The eHtUQ Company
Cln1i Land Pk:InnIng
F09 CJ
4-4-01
Exhibit 4
08/23/05
Amended 11/1107
1.1.11-5
General Development Plan I
1.1.11.4 Development Agreement
A development agreement currently exists for development in EastLake II. The purpose of the
agreement was to ensure that the developer will participate in the construction and financing of
public facilities and to ensure that the land use entitlements provided for in this GDP are
achieved. This agreement was entered into by all parties prior to the issuance of any permits for
development within the plan area and shall bind future landowners/developers who acquire
interests in the property. Amendments of mutual benefit may be made from time to time to
insure its vitality.
1.1.11.5 Subsequent Review
The EastLake II GDP will be implemented, pursuant to the Chula Vista Municipal Code, through
the subsequent adoption of a series of plans and programs, which are summarized below:
. SPA Plans
EastLake II will be comprised of several SPA Plans. The areas north of Otay
Lakes road have been implemented as the EastLake I and Salt Creek I SPA Plans.
The area south of Otay Lakes Road and west of Hunte Parkway is being
implemented as the EastLake II SPA (Trails and Greens Neighborhoods) Plan.
The area south of Otay Lakes Road and east of Hunte Parkway will be
implemented as the EastLake II SPA (Trails and Greens Neighborhoods). (Refer
to Exhibit 3 for location of these SPA Plan areas.)
. Other Related Planning/Review Programs
All areas for future development in the EastLake II GDP will be subject to the
adopted provisions of the following supplemental planning documents:
I. Planned Community District Regulations;
2. Design Guidelines;
3. Public Facility Financing Plans;
4. Affordable Housing Programs;
5. Air Quality Improvement Plans;
6. Water Conservation Plans;
7. Development Agreements;
8. Salt Creek Park Master Plan;
9. Precise Plans for non.residential development;
10. Conditional Use Permits where required;
II. Site Plan and Architectural Review; and,
12. Tentative Tract Maps
08/23/05
Amended I 111107
1.1.11.6
General Development Plan I
1.1.12
Administrative & Legislative Procedures
The administration and legislative procedures applicable to the EastLake II GDP are those
specified in Chapter 19.48, P-C- Planned Community Zone, in the Chula Vista Municipal Code,
with Sections 19.48.070 and 10.48.080 having specific applicability.
H:\PDA T A \251 02850\Admin\reports\Amendments\GDP\EDIT _ GDP 10-23-07 Revisions,doc
10/23120074:28 PM
08/23/05
Ammended Ild/07
1.1.12-1
General Development Plan I
SPA
Supplemental Sectional Planning Area
(SPA) Plan for
EastLake Business Center II
Adopted November 16, 1999
by Resolution No. 19666
Amended April 5, 2005
by Resolution 2005-102
Prepared by:
Cinti Land Planning
2932 Poinsettia Drive
San Diego, California 92106
(619)223-7408
Contact: Gary Cinti
email: gary@cinti.com
Amended . 2007
Bv Resolution No. 2007-XXX
2007 Amendment PreDared by:
RBFConsulting
9755 Clairerhont Mesa Bdulaard. Suite 100
San Diego. CA 92124
Contact: Dan Werv. AICP
(858) 614-508 I
dwervlaJ.rbf.com
[Note: All proposed revisions are shown in shading and redline/strikeout format. Wording to be
added is shown in under line and shading; wording to be deleted is shown in slflkeeat lHld
sflaaisl1:.1
SECTION 11.2
SECTIONAL PLANNING AREA (SPA) PLAN
TABLE OF CONTENTS
11.2.1 INTRODUCTION
II.2.1.1 Background, Scope and Purpose of the Plan I-I
II.2.1.2 Record of Amendments 1-3
11.2.1.3 Location and Regional Setting 1-6
11.2.1.4 Community Structure 1-6
11.2.1.5 Legal Significance/EIR 1-8
11.2.1.6 SPA Plan Consistency with Approved GDPIPC Zone District 1-8
11.2.1.7 Related Documents 1-12
11.2.2 DEVELOPMENT CONCEPT
II.2.2.1 Design Influences II-I
11.2.2.2 Land Use Pattern II-I
II.2.2.3 Administrative AdjustmentslDensity Transfer II-I
11.2.3 CIRCULATION
II.2.3.1 Introduction III-I
II.2.3.2 Project Access III-I
11.2.3.3 Project Circulation Network III-I
11.2.3.4 Street Standards III-3
11.2.3.5 Phasing of Road Improvements III-3
11.2.3.6 Transit Planning Principles III-3
II.2.3.7 Trails, Edges and Buffers III-3
11.2.4 GRADING
II.2.4.1 Introduction IV-I
11.2.4.2 Grading Concept IV-I
II.2.4.3 Grading Requirements IV-I
11.2.5 PARKS, RECREATION and OPEN SPACE
11.2.5.1 Introduction V-I
II.2.5.2 Open Space V-I
11.2.5.3 Landscape Concept V-I
11.2.6 DEVELOPMENT PHASING VI-I
11.2.7 PUBLIC FACILITIES
II.2.7.1 Introduction VII-I
11.2.7.2 Potable Water Supply VII-I
11.2.7.3 Potable Water Demand VII-I
11.2.7.4 Reclaimed Water Supply and Master Plan VII-3
II.2.7.5 Sewer Service VII-3
11.2.7.6 Storm and Drainage System VII-6
Amended 1111107
SU01llemental Sectional Plannin2 Are. (SP Al
11.2.7.7
II.2. 7.8
II.2.7.9
11.2.7.10
11.2.7.11
11.2.7.12
11.2.7.13
11.2.8 APPENDIX
Table A
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5!!
Exhibit5b
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Exhibit 11
Exhibit 12
Exhibit 13
Exhibit 14
Urban Run-off
Roads
Schools
Child Care Facilities
Police and Fire Services
Library Services
Community Purpose Facilities (CPF)
VII-6
VII-6
VII-8
VII-8
VII-9
VII-9
VII-9
VIII-I
LIST OF TABLES
GDP and SPA Plan Statistics..................................................1-8
LIST OF EXHIBITS
Vicinity Map ....................... ........................................ ............ 1-4
EastLake SPA Boundaries ......................................................1-5
Community Structure...................................................... ........ 1- 7
General Development Plan ..................................................... 1-9
Existing Site Utilization Plan................................................ 1-10
Proposed Site Utilization Plan;.............................................I-11
Circulation Plan ................................................................... III-2
Trails, Edges & Buffers ....................................................... III-5
Grading Plan ........................................................................ IV-3
General Landscape Plan........................................................ V-3
Conceptual Phasing Plan...................................................... VI-2
Water System..... ................... .............................................. VII-2
Reclaimed Water System .................................................... VII-4
Sewer Plan .......................................................................... VII-5
Storm Water ....................................................................... VII-7
Aniended 1111107 ~
/>:,'\c,'_'_"- 'J/
'.?t:!/i';j'hzi' : ,c. ,;;; 'w ,;:;. ;~: ;{'; .>;v StitltllCthentaI Sectional Plannin2 Area (SPA)
11.2.1 INTRODUCTION
11.2.1.1 Background, Scope and Purpose ofthe Plan
EastLake Business Center II is an expansion of the original EastLake Business Center
established in the EastLake I SPA approval in 1985 and will complete the anticipated
employment/industrial and supporting complimentary commercial uses to be developed within
the Planned Community of EastLake. It continues the eastward development pattem established
with the prior neighborhoods. (Refer to Exhibit 2.)
As an increment to the overall EastLake community, EastLake Business Center II Supplemental
SPA is, to a large extent, an extension of the existing development both in design and planning
policy/regulations. Because it is a relatively minor addition, it is being planned as "supplement"
to the existing EastLake I SPA. This SPA plan relies upon established policies, programs and
regulations to a greater extent than other EastLake SPAs. It also provides more implementation
flexibility to avoid the necessity of formal plan amendments for minor plan adjustments.
This Supplementary Sectional Planning Area (SPA) Plan defines the development parameters for
the EastLake Business Center II development increment, including the land use designation,
design criteria, basic circulation pattern, and infrastructure requirements. Additionally, the
character and form of the business center will be implemented through a series of guidelines and
development standards prescribed in the EastLake II Planned Community District Regulations,
EastLake Business Center II Design Guidelines and other associated regulatory documents.
The purpose of the Supplemental SPA Plan, as with all EastLake SPAs, is to:
A. Assure a high quality of development, consistent with City and Community goals
and objectives.
B. Create an economically viable plan that can be realistically implemented within
current and projected economic conditions.
C. Provide for orderly planning and long-range development of the project to ensure
community compatibility.
D. Facilitate adequate provision for community facilities, such as transportation,
water, flood control, and sewage disposal; and, provide adequate assurance to the
Developer that approved development will be allowed in a timely and
economically viable manner.
E. Preserve open space and natural amenities on the property where appropriate and
possible.
F. Establish a planning and development framework which will allow diverse land
uses to exist in harmony within the community.
The SPA plan, once approved, is the implementation tool of the General Development Plan. It
establishes design criteria for the site and defines precisely the type and amount of development
permitted. It establishes the City's standards for that development including open space
provisions and major improvements to be constructed by the developer.
1:1
SUDDlemental Sectional Plannin2 Area (SPA)
Amended 1111107
The Planned Community District Regulations adopted as part of this SPA serve as an important
tool through which the City will review and evaluate schematic, preliminary and final drawings
of each individual project to be built in the Planned Community.
This Supplemental SPA Plan as a requirement and site-specific implementing document for the
City of Chula Vista PC Zone, supersedes the "standard" requirements of the City Zoning
Ordinance. In the case of a conflict between the provisions of the SPA plan and other regulations
or policies, the SPA Plan provisions shall apply. If a topic is not addressed by this SPA Plan,
then appropriate City regulations shall apply.
Document Organization
The EastLake Business Center II Supplemental SPA plan contains six documents or components
approach: 1) SPA Plan; 2) Planned Community District Regulations; 3) Design Guidelines; 4)
Public Facilities Financing Plan; 5) Air Quality Improvement Plan; and 6) Water Conservation
Plan. A development agreement section has also been incorporated as a companion to this
document. The purpose of these documents is as follows:
Supplemental SPA Plan
The purpose of the SPA plan is to define, in more detail than the City's General Plan and
EastLake II General Development Plan (GDP), the development parameters for the
Business Center II project area, including the land use, urban design criteria, circulation
pattern, open space concept and infrastructure requirements to support the project and
overall community.
Planned Communitv District Regulations
The Planned Community District Regulations, which are adopted by Ordinance pursuant
to title 19 of the Chula Vista Municipal Code, and are intended to implement the Chula
Vista General Plan, EastLake II General Development Plan and EastLake Business
Center II Supplemental SPA Plan, establish land use districts and standards to classify,
regulate, restrict and separate the use of land, building and structures, and regulate and
limit the type, height and bulk of buildings and structures in the various land use districts.
These standards are established to protect the public health, safety and general welfare of
the citizens of Chula Vista; to safeguard and enhance the appearance and quality of
development of EastLake I and II, and to provide the social, physical and economic
advantages resulting from comprehensive and orderly planned use ofland resources.
Design Guidelines
This document is a manual to guide the building and landscape design within the
Business Center II SPA to ensure that the quality of the adopted urban design and
architectural concept established for the overall EastLake Planned Community are
maintained.
Public Facilities Financing Plan
The Public Facilities Financing Plan (PFFP) is a requirement and implements the City of
Chula Vista Growth Management Program and Ordinance. The intent of this document
is to ensure that the phased development of the project is consistent with the overall goals
and policies of the City's General Plan, Growth Management Program and the EastLake
Amended 11/1107
1:2
'. Suoolemental Sectional Planning Area (SPA)
II General Development Plan docwnent, and to ensure that the development of the project
will not adversely impact the City's Quality of Life Standards.
Air Qualitv Improvement Plan
The purpose of the Air Quality Improvement Plan for the EastLake Business Center II
SP A is to respond to the Growth Management policies of the City of Chula Vista and
those policies and regulations established at the broadest geographic level (State and
Federal) in order to minimize air quality impacts during and after construction of projects
within the SPA, and to comply with the air quality standards and policies of the San
Diego County APCD.
Water Conservation Plan
The purpose of this document is also to respond to the Growth Management policies of
the City of Chula Vista, which are intended to address the long term need to conserve
water in new developments; short term emergency measures; and establish standards for
water conservation.
11.2.1.2 Record of Amendments
(To be inserted upon amendment)
Amended 11/1/07
1:3
Supplemental Sectional Flan1linJ! Area (SF A)
Vicinity Map
San Miguel Ranch
I
II
II
II
II
II
~ EASTLAKE
A PlANNED COMMUNITV BV EASTW<E tXIIB.OPMENT CO
Otay Ranch
Cim/'T"
~~~ ~~' l. ...J
..".~
I J...l '11-15-Qg
Exhibit 1
Amended 1111107
1:4
Suoolemental Sectional Plannine Area (SPA)
General Development Plan Boundaries
~E4STLAKE I
A pl.naed fGIDmuaity by The EatLllke COIUpaay
Cinti Land Planning
i~"~'~--I [1]
11~1s.es
Exhibit 2
Amended 11/1/07
1:5
Suoolemental Sectional Planning Area (SPA)
11.2.1.3 Location and Regional Setting
The EastLake Business Center II Supplemental SPA is located in the eastern portion ofthe Chula
Vista City limits. The site is located immediately east of the existing Business Center I
components of the EastLake I SPA, on the north side of Otay Lakes Road approximately 8 miles
east of the Chula Vista Civic Center. Exhibit I illustrates the location of EastLake Business
Center II in relationship_w~ithin the overall EastLake community.
The location of the EastLake Business Center II SPA within the overall EastLake Planned
Community is depicted in Exhibit 2. The entire community has been zoned "Planen~d
Community" (PC) and designated for a range of urban uses defined in two General Development
Plans (GDPs) identified as the EastLake II GDP (includes the Eastlake I SPA) and the EastLake
III GDP.
The EastLake Business Center II Supplemental SPA planning area is defined by a major
circulation route, Otay Lakes Road on the south, the planned community of Rolling Hills Ranch
boundary on the north, existing EastLake Business Center I on the west and the EastLake Woods
neighborhood to the east.
11.2.1.4 Community Structure
The primary community structure/design issues for the expansion area are appropriate edge
conditions: scenic edge at Otay Lakes Road; buffer edges at the east and north; and, a blending
edge on the west adjoining the existing Business Center. The new entry from Otay Lakes Road
will also help define/reinforce the identity and location of the Business Center as a whole in the
EastLake Community. Exhibit 3, Community Structure, indicated the following described
elements:
Blending Edge
This identifies the primary entry to Business Center
II. Fenton Street will contain a median at this
location and additional landscaping and signing will
be used to further enhance this intersection's
importance.
The theme trees along this corridor will continue
through Business Center IIdl-xcept their location
will be exterior of the contiguous sidewalk in an
additional landscape zone.
There are buffer edges along the northern and
eastern boundaries. The buffer along the eastern
edge will be primarily dense landscaping at the top
of slope within the future SPA to the east. Along
the northern edge special setbacks and landscaping
is proposed. Refer to the PC District Regulations
and Design Guidelines.
The blending edge identifies the concept to blend
the existing landscape along the common borders
between Business Center I & II.
Business Center Entry
Thematic Corridor
Bufer and Blending Edges
Amended 11/1107
1::6
Supplemental Sectional Planning Area ISP A)
Community Structure
Business Center II Supplemental SPA
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.... Thematic Corridor
~ Scenic Highway Edge
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-@ Existing Scobey Park
..tEASTLAKE I
A pbuoed commoDity by The EutLW Comp8llY
Exhibit 3
Cln1!lood~
fi:l1.
8-6-119
Amended 1111107
1:7
SUDlllemental Sectional Planning Area (SP A\
11.2.1.5 Legal SignificancelEIR
Adoption of the EastLake Business Center II Supplemental SPA Plan and the supporting
documents will establish the official development policy of the City of Chula Vista for EastLake
Business Center II. All future discretionary permits will need to be consistent with the SPA Plan
to be approved.
The project is also subject to the requirements of the California Environmental Quality Act
(CEQA). The provisions of CEQA will be implemented by the City as a part of the approval
process for this SPA plan package. All mitigation measures identified and incorporated into the
project as a part of the CEQA process shall be implemented through this SPA plan or other
appropriate component of the SPA plan package. Implementation of mitigation requirements
will be reviewed as defined in the mitigation monitoring program prepared for the project.
11.2.1.6 SPA Plan Consistency with Approved GDP/PC Zone District
The Business Center II Supplemental SPA Plan is designed to implement the Adopted EastLake
II General Development Plan (as amended). Comparison of the proposed General Development
Plan (Exhibit 4) and the Site Utilization Plan (Exhibit 5) shows the relationship of land use and
acreages between the policy plan and the more refined and detailed SPA Plan. The proposed
development statistics are listed in Table A (below).
Table A
GDP (SPA area only) and SPA Plan Statistics
LAND USE GDP Statistics (AC) SPA Plan (AC)
Residential NA NA
Research &. Limited Manufacturing WM84 WM84
CiToulatiaa Retail Conunercial 4-.+16.7 +,4..!I!.16.7
CirculationTOT.^.LS 4.1-lG4,& 7.4*W8rl-
TOTALS 104.8 108.1
*Includes Y, of Otay Lakes Road in its statistics.
11.2.1.6.1 Land Use Element
The land use designations shown on the EastLake II General Development Plan for the Business
Center II Supplemental SPA Plan area (108.1 acres) consists of Research & Limited
Manufacturing. Retail GomtnerCial and Circulation. Additional internal circulation is also
depicted. The Supplemental SPA Plan reflects the same land use pattern with respect to land use
type.
Amended 11/1/07
1:8
Suoolemental Sectional Plannine Area (SPA)
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Sub-total
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~Fenton Street
Total
25.3
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100.7
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.E_If1d~~~. Grw:,-'iO'lll.....M>II_,..,.....llkM ~.&~,
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Amended 1111/07
1:10
SUDDlemental Sectional Plannine Area (SP Al
PROPOSED
Site Utilization Plan
Business Center /I Supplemental SPA
I Addition of VC-Sl
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. ~ij6'..fofar" . ........ .. .. ........... ...... -rOO.7""" .. fB~O-" ..-
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Total 108.1
RoIfingNil/sRanch
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Exhibit 5b
I ReviseD 11/01107 i
Amended 11/1/07
1:11
SUDDlemental Sectional plannin2 Area (SF A)
11.2.1.7 Related Documents
The EastLake Business Center II Supplemental SPA contains six documents or components
approach: I) SPA Plan; 2) Planned Community District Regulations; 3) Design Guidelines; 4)
Public Facilities Financing Plan; 5) Air Quality Improvement Plan; and 6) Water Conservation
Plan. A development agreement section has also been incorporated as a companion to this
document.
Prior to the preparation of this plan, the Chula Vista General Plan and EastLake II General
Development Plan established the broad policy level standards and requirements for planning the
EastLake Business Center II. The GDP also quantified the development intended within the
SP A and established the CP Zoning implementation process.
All of the other documents which are components of the SPA plan package (design guidelines,
public facility financing plan, etc.) are prepared concurrently and based on this SPA plan.
Project CEQA documents are also prepared concurrently to document potential environmental
impacts and identify mitigation measures to reduce or eliminate such impacts.
Subsequent to the approval of all the SPA level documents, subdivision maps and improvement
plans will be prepared. These will provide the necessary details to actually construct the project
described by the SPA level documents. These plans, the construction process and ultimate
uses/activities within the SPA are required to be consistent with the applicable provisions of this
Supplemental SPA Plan and related documents.
Amended 11/1107
, .1:12,
SllllDlemental Sectional Plannine Area (SPA)
11.2.2 DEVELOPMENT CONCEPT
11.2.2.1 Design Influences
The primary influences in developing the EastLake Business Center II Supplemental SPA Plan
were the Chula Vista General Plan and EastLake II General Development Plan, the EastLake I
SP A Plan and adjacent existing and planned development to the north, west and south, and the
natural landform characteristics of the site. The primary design influences for the project are
depicted in Exhibit 3.
Site Characteristics and Visual Context
The project site is generally comprised of gently rolling topography toward the Salt
Creek Greenbelt corridor off-site to the east. The rounded features of the site reflect the
years of plowing and discing associated with its historical dry farming use. Localized
views to Salt Creek and adjacent hillsides are available from hillside locations. The
range in elevation is approximately 50 feet from the hilltops to SPA boundary. There are
manufactured slopes along the western boundary.
Northerly and easterly and existing and future residential developments. The residential
proposed to the east will be significantly below Business Center II. To the north the
Business Center is slightly above the residential development and, except for a few
residential lots along the northeastern boundary, is separated by open space lots.
Surrounding Land Uses
Existing development adjacent to the EastLake Business Center II SPA includes Otay
Lakes Road on the south. This arterial roadway is not only the major circulation route
serving the site, but it also contains major sewer, water and storm drain systems to which
the project must connect. Residential properties to the north are currently developed or
under development, as noted earlier in the planned community of Rolling Hills Ranch.
The residential to the east has been planned for Low-Medium Density Residential in the
adopted EastLake III General Development Plan as part of the Woods neighborhood. To
the south across Otay Lakes Road is the existing development known as EastLake
Greens. The Chula Vista General Plan and adopted General Development Plans have
designated the Business Center II area as a planned business center prior to the
implementation of any adjacent residential development.
11.2.2.2 Land Use Pattern
The EastLake Business Center II Supplemental SPA is designed entirely as an employrnent/light
industrial park with supporting and complimentary commercial (see Site Utilization Plan Exhibit
5) which extends the permitted uses eastward from the existing Business Center.
11.2.2.3 Administrative AdjustmentsIDensity Transfer
The SPA Plan provides guidance for future development at the subdivision and improvement
plan level, and is the basic reference for determining permitted land uses and required public
facilities. These are illustrated in the Site Utilization Plan, Exhibit 5, which is the key map for
this SPA Plan.
Amended 11/1/07
II-I
Suoolemental Seetiorial Pla11ninl! Area (SpA)
Even though the SPA Plan contains specific guidance for development, it is not intended to be
used in a manner which predetermines the development solution for each and every parcel. It is
intended to be used as a basic guide which reflects the City's intent for determining the intensity,
design and desired character of use for the property. The development parcel and interior
circulation arrangement indicated on the Site Utilization Plan is conceptual. Minor
modifications to these configurations may occur as a part of the tentative tract map approval
process. Modifications to the SPA Plan exhibits and text, to reflect adjustments based on an
approved tentative tract map, shall be accomplished without a formal SPA amendment.
Amended 11/1/07
.j j . :1I-2 .
SUDlllemental Sectional Plann;n. Area (SPA)
11.2.3
11.2.3.1
CIRCULATION
Introduction
The EastLake Business Center II Circulation Plan is almost completely an extension of the
existing circulation routes within the EastLake I and includes both vehicular and non-vehicular
circulation routes. The plan provides for the basic internal circulation systems to serve the
proposed development areas. The circulation plan is also consistent with the community-wide
network established by the EastLake II General Development Plan and in accordance with the
City of Chula Vista General Plan.
The SPA Plan Public Facilities Financing Plan (see Chapter II, Section 11.5 Public Facilities
Financing Plan) details a transportation phasing plan with specific improvements and timing of
circulation improvements to maintain the levels of service established in the City's Threshold
Standards in the City's Growth Management Element of the General Plan.
Specific project access points, and internal circulation, including bicycle, pedestrian, hiking and
road crossings will be determined by the City Engineer during the tentative tract map process.
Variations to the concepts herein may occur where safety or efficiency can be enhanced.
11.2.3.2 Project Access
Primary access to the project will be provided from Otay Lakes Road. Secondary access is
provided through the extension of Fenton Street from the existing Business Center which also
connects to Otay Lakes Road via Lane Avenue and EastLake Parkway. Regional access is
provided from the west by I-80S via Telegraph Canyon Road/Otay Lakes Road. The future
construction of SR-125 immediately west of the EastLake Greens SPA will provide additional
north-south regional access.
Currently, Otay Lakes Road exists at the southern project edge, having been constructed in
conjunction with previous EastLake Greens SPA development. Otay Lakes Road extends to the
east, past the project site and beyond Otay Lakes, as a two lane road.
11.2.3.3 Project Circulation Network
The internal circulation network is conceptually shown on the Circulation/Street Sections Plan
(Exhibit 6). The internal circulation concept is to provide an efficient traffic conduit through the
site while providing adequate access for all potential development sites. The public street system
shown may be supplemented internal circulation systems, particularly on larger development
sites.
The need for intersection signalization and/or limits on turning movements shall be made by the
City Engineer based on anticipated volumes and safety needs.
Amended 11/1/07
III-I
Suoolemental Sectional Flannin. Area (SF A)
Circulation Plan
Business Center" Supplemental SPA
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~ EASTLAKE
C>"l;t Land Planning
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10-4-99
Amended i 1/1'/07
III-2
Suoolemental Sectional Plannin2 Area (SPA)
11.2.3.4 Street Standards
Street standards for the arterial roads at the periphery of the SPA have been established in the
Circulation Element of the Chula Vista General Plan and previous project development
approvals. Internal streets will be constructed to meet City engineering standards. The
Circulation/Street Section plan (Exhibit 6) indicates the proposed street sections. The final
improvement designs, including any deviations from design standards, will be determined as a
part of the subdivision approval process.
11.2.3.5 Phasing of Road Improvements
The phasing of community development concurrent with provision of adequate road capacity and
access improvements is fully described in the Public Facilities and Financing Plan (Chapter II,
Section II.5 of the SPA Plan package). These improvements have been phased and designed to
maintain an adequate level of service in the circulation system serving the EastLake Business
Center II project area and surrounding community throughout the development process. The
provision of adequate internal circulation improvements is expected to be controlled via
subdivision map conditions.
11.2.3.6 Transit Planning Principles
Transit stops will be strategically located near vehicular and pedestrian main access points
through evaluations with the City's transit coordinator. Sites will be planned based on the
following principles, which may be used in determining appropriate final locations:
1. Where there are numerous major pedestrian generators, access to stops for transit
vehicles moving in both directions is facilitated by locating transit stops near
intersections with striped crosswalks.
2. Transit stops should be located and walkways designed to provide access as
directly as possible without impacting residential privacy.
3. At intersection points of two or more transit routes, stops should be located to
minimize walking distance between transfer stops.
4. Transit vehicle conflicts with automobile traffic can be reduced by locating bus
turnouts at the far side of intersections in order to permit right-turning vehicles to
continue movement.
5. Transit stops should be provided with adequate walkway lighting and well-
designed shelters.
6. Walkway ramps should be provided at transit stops to ensure accessibility to the
handicapped and must be designed to be A.D.A. compliant.
11.2.3.7 Trails, Edges and Buffers
Thematic Corridor Link
The EastLake Community Trail (Thematic Corridor) which extends from EastLake Hills through
the developed portion of the EastLake Planned Community to its current terminus at the end of
Fenton Street, will also be extended with the street extension. This is a special landscaped trail
Amended 11/1/07
III-3
SUIlDlemental Sectional Plannin2 Area (SPA)
for pedestrians connects the major community destinations within EastLake. The Thematic
Corridor also includes an on-street bicycle lane. Refer to Exhibits 6 and 7.
Scenic Highway Edge
Existing Otay Lakes Road is designated as a scenic highway. The treatment of this scenic
highway shall reflect the landscape treatment that currently exists along it's southern boundary
within the Greens SPA. This highway includes a meandering walk and an on-street bicycle trail.
Refer to Exhibit 7.
Residential Edge
The northern residential edge abutting the Rolling Hills Ranch SPA will have increased building
setbacks and require dense landscaping along the upper portion of slope banks and within a ten
foot landscape setback within the abutting lots. There shall be a requirement, prior to the
issuance of the first building permit for any lot abutting Rolling Hills Ranch, that a Master
Landscape Plan be approved by the Director of Planning for the slopes abutting Business Center
II and Rolling Hills Ranch. This plan shall be offered to the Rolling Hills Ranch developers for
comment and may include provisions for off-site tree planting to reduce the visual impact of
Business Center II buildings as viewed from the adjacent homes. Refer to the Design Guidelines
for location and criteria for this Master Landscape Plan. Refer to Exhibit 7.
The eastern residential edge is significantly higher than expected residential development in
EastLake III GDP, but will also require dense landscaping along the upper portion of the
Business Center lots and downslope. Refer to the Design Guidelines for additional detail. Refer
to Exhibit 7.
Amended 11/1107
III-4 .
Sunnlemental Sectional Plannin2 Area (SPA)
Trails, Edges & Buffers
Business Center /I Supplemental SPA
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C-;;rlTj Land Planning
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9-8-99
Amended 1111107
I1I-S
Suoolemental Sect;onaIFlani1in2 Area (SF A)
11.2.4 GRADING
11.2.4.1 Introduction
The Land Use Element of the Chula Vista General Plan states that the mesas, hilltops and gently
rolling topography offer the best sites for development. Steeply sloped hillsides and valleys can
serve as open space/greenbelt resources, linking the developed areas which they intersect. For
the EastLake Business Center II Supplemental SPA, no on-site areas have been identified as such
a greenbelt resource. Development sites within the SPA should be graded to blend with and
create an aesthetically pleasing development site consistent with current or proposed grading of
adjacent areas and the Otay Lakes Road scenic corridor.
11.2.4.2 Grading Concept
The SPA level grading plan for the EastLake Business Center II is intended to provide a
preliminary grading concept, identifying slope bank locations and necessary maintenance provi-
sions. The preliminary grading design is as indicated on the Grading Concept, Exhibit 8.
The grading concept is based on the following objectives:
. Consistency with existing or proposed grading on adjacent properties.
. Creating efficient man-made landforms that visually respond to natural terrain
characteristics where practical.
. Creating and maintaining on and off-site views.
. Creating useable building areas and landscape edges.
. Separating potential non-residential and residential use conflicts.
. Creating, where possible, barriers or physical separation from traffic nOise
sources.
11.2.4.3 Grading Requirements
Final grading design to implement the SPA grading concept should incorporate the following:
. General Standards: Grading within EastLake Business Center II shall be subject
to Chapter 15.04 - Excavation, Grading and Fills of the City of Chula Vista
Municipal Code and Subdivision Manual.
. Grading Design: Graded areas should be contoured to blend with natural
landform characteristics. Rounding both vertical and horizontal intersections of
graded planes; obscuring slope drainage structures with a variety of plant material
massing; incorporating the use of variable slope ratios for larger slope banks; use
of landscape planting for erosion control and to obscure man-made banks; and,
other similar techniques should be used. Artificially appearing slope banks with
rigid angular characteristics should be avoided.
. Cut and Fill Slope Construction: Slope banks in excess of four feet in height
should be constructed at a gradient of 2 to I (horizontal to vertical) or flatter
unless otherwise approved by the City Engineer. Minor interior slopes between
lots up to 1.5: I may be approved by the City Engineer.
Amended 11/1/07
IV-!
SuoolemenW SectioriilIPlannin2 Area (SPA)
. Erosion Mitigation: Based on actual field conditions encountered, the erosion
potential of slopes should be reduced with berms at the tops of all slopes, paved
interceptor ditches and terrace drains and vegetation. Vegetation should consist
of drought-tolerant native or naturalized species, requiring little or minimal
irrigation, deep rooted and well suited to the on-site soils. Spray-on applications
and coatings, combined with jute or hemp mesh can be effective methods for
stabilizing soils. Final plans should be based on coordinated input from a licensed
landscape architect.
. Maintenance: The application for any grading permit should provide assurance
acceptable to the City Engineer that landscaped slope banks and medians will
have adequate maintenance to ensure continued viability of landscaping.
Generally, except for private lots, slope banks which exceed ten feet in height
should be maintained by a homeowners' or property owners' association.
Amended 1111107
IV-2
Suotllemelltal Sectioruill'Ilumin2 Area(SPA)
Grading Plan
---j
Boswell Rd.
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Bus, Ctr, I SPA
"f Slope Bank
-'" Elevation
C Area of Cut
F Area of Fill
Balanced Grading Quantity = Approx, 1,92 mil, cu, yds
This plan is conceptusl and may be refined without
amendment by the Tentstive Tract Map & Grading
Plans.
~E4STLAKE I
A planned commnnity by Tbe EastLake Company
CinN Land Planning
fi:~Ei~
Amended 11/1/07
IV-3
Suoolemental Sectional Planning Area (SPA)
11.2.5 PARKS, RECREATION and OPEN SPACE
11.2.5.1 Introduction
The EastLake Business Center II Supplemental SPA Plan does not include any park land nor
does it include any residential uses which would generate a public park demand. As noted
previously, there is a private park within the existing Business Center which provides park and
recreation opportunities to employees of companies located within the Business Center (I and II).
11.2.5.2 Open Space
While generally accepted standards have been established for the provision of acreage and the
function of a hierarchy of parks, the "need" for open space is more difficult to quantify. Usually
the need, amount and location of open space is determined by the natural environmental
conditions of the land and facility related needs such as detention basins, future road
rights-of-way, and buffer space between unrelated land uses, etc. Steep slopes and sloping lands
with unstable geologic conditions are obvious candidates for open space, as are noise buffer
areas along major traffic ways.
Open space areas within EastLake Business Center II may be provided for buffer areas where
required along Otay Lakes Road and where buffering is required to minimize the potential for
land use conflicts. Alternatively, structural separations such as berm, walls or fences may be
used or combined with landscaped open space. Open space lots and acres will be shown on the
tentative tract map. Maintenance of all open space lots and medians shall be by a homeowners
association or as otherwise approved by the City Engineer.
11.2.5.3 Landscape Concept
The General Landscape Plan, Exhibit 9, provides a general design framework which allows
latitude and flexibility while maintaining the overall goals and objectives ofthe community. The
intent of the landscape concept is to reinforce the development pattern established by the Site
Utilization Plan. This pattern consists of the predominate employment development areas served
by a simple circulation/landscape corridor. Plant selection will follow that of the existing
Business Center to perpetuate distinct identities and visual continuity throughout the Business
Center as a whole. In addition, the thematic corridor and major thoroughfare have identified
dominant trees and landscape designs which will be continued.
Additional elements in the Landscape Concept include:
. Arterial - Scenic Corridor: Otay Lakes Road is an eXlstmg arterial scenic
highway. The landscape improvements existing on the south side of this road
were developed with the EastLake Greens SPA. The landscape improvements on
the north side, to be developed with this SPA, shall reflect the character and
quality of those existing improvements to the south.
. District Entry: An entry sign and enhanced planting will be located at the
intersection of Otay Lakes Road and Fenton Street. The design character shall be
similar to the similar entry treatment at the intersection of Otay Lakes Road and
Lane Avenue.
Amended 11/ 1/07
V-I
SUDDlemental Sectional Flannine Area (SF A)
. Thematic Corridor: The existing Thematic Corridor along Fenton Street shall
continue easterly to Otay Lake Road. Since this corridor does not connect to a
dominant neighborhood feature in Business Center II it will be a transition as a
continuation of the dominant tree theme in the corridor, but with a contiguous
sidewalk.
. Residential Interface Buffer: The Business Center pads are above adjacent
existing and future residential development to the north and east. In both
locations a dense landscape buffer will be provided along the upper portions of
the slope. Along the northern boundary with Rolling Hills Ranch an additional
building setback is provided. A solid fence shall be required adjacent to all
residential parcels. Refer also to Section 11.2.3.7, Trials Edges and Buffers, and
the Design Guidelines.
All development in the EastLake Business Center II shall be in compliance with the Chula Vista
Landscape Manual, adopted by Resolution No. 17735 in November 1994.
Amended 1111/07
V-2
Suoolemental Sectional Plannina Area (SPA)
General Landscape Plan
Business Center /I Supplemental SPA
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Exhibit 9
Amended 11/1/07
V-3
Suoolemental Sectional Planning Area (SPA)
11.2.6
DEVELOPMENT PHASING
Four phases of development are envisioned based on the need to balance grading and
infrastructure improvements. The development of individual building sites will commence as
the market dictates. Build-out of all building sites may occur over a several year period, as has
been experienced within the existing Business Center I.
The proposed phasing indicated herein, on Exhibit 13, is more specifically defined by the Public
Facilities Financing Plan and the Business Center II Master Tentative Map conditions of
approval, which shall prevail in the event of conflict.
Amended 1111/07
VI-I
Suoolemental Sectional Plannine Area (SP Al
Phasing
Business Center /I Supplemental SPA
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10-8~99
A planned communit), by The EastLake Company
Amended 11/ 1/07
VI-2
Suoolementlll SectionalPlannin2 Area (SPA)
11.2.7
11.2.7.1
PUBLIC FACILITIES
Introduction
The inclusion of public facilities issues is a distinguishing feature of SPA Plans. This portion of
the plan outlines the public facilities which enable the community to function properly. The
companion Public Facilities and Financing Plan (Section 11.5 of the EastLake Business Center II
Supplemental SPA Plan) describes the "backbone" facilities in more detail and assigns the
responsibility for construction and financing of all required facilities.
The facilities described in the SPA Plan have been identified and capacities determined based
upon projected land uses and their distribution, as shown on the Site Utilization Plan (Exhibit 5).
11.2.7.2 Potable Water Supply
The EastLake Planned Community, including the EastLake Business Center II SPA, is located
within the boundaries of the Otay Water District (OWD), which is responsible for providing
local water service. OWD is a member of the County Water Authority and the Metropolitan
Water District of Southern California. The anticipated water supply system is depicted in
Exhibit II. This concept will be revised in consultation with the water district and detailed on
the subdivision conditions and improvements plans. The phasing and financing requirements are
provided in the Public Facilities Financing Plan (Section 11.5 ofthe SPA Plan package).
11.2.7.3 Potable Water Demand
Domestic water demand for EastLake Business Center II will be estimated as a part of the water
master plan to be approved by the OWD. An analysis of available water supply will also be
completed to assure that sufficient supplies are planned to be available as demand is generated
by the project.
Water "will serve" acknowledgments from the Water District will be required by the City during
the subdivision map process.
Amended 11/1107
VII-l
SUDlllementlll Sectional Plannin2 Area (SPA)
Water System
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Bus CIr: I SPA
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..4 EASTLAKE I
A pllnned community by The EIIStLake Company
Exhibit!]
Clnti land PIomJng
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8.12-99
Amended 1111/07
VlI-2
Sunnlemental Sectional Flanninl! Area (SF A)
11.2.7.4
Reclaimed Water Supply and Master Plan
Based on current District policies regarding new subdivision development, landscape irrigation
for parks, schools, greenbelts, road medians, and multi-family residential is required to utilize,
where available, recycled water. The project is located in the OWD Central Service Area which
currently receives recycled water from the District's 1.3 MGD capacity Ralph W. Chapman
Recycling Facility.
The existing reclaimed water distribution system serves EastLake Greens and connections to the
system to serve the EastLake Business Center II SPA should be planned. Potential demand
within the SPA will be estimated as a part of a Reclaimed Water Master Plan for the EastLake
Business Center II Supplemental SPA to be approved by the OWD and the City of Chula Vista.
A conceptual plan to distribute reclaimed water within the project is depicted on the Reclaimed
Water plan (Exhibit 12).
Reclaimed water requirements for the project will be coordinated by the Water District and the
City. The phased construction of reclaimed water facilities, based on the District approved
master plan, will be incorporated into the Public Facilities Financing Plan and/or subdivision
map conditions to assure timely provision of required facilities.
11.2.7.5 Sewer Service
The EastLake Business Center II Supplemental SPA is primarily located in the Telegraph
Canyon drainage basin. A small portion of the site is within the Salt Creek drainage basin. The
portion of the site within the Salt Creek basin may be approved by the City Engineer for
diversion to the Telegraph Canyon sewer system. If not approved, Exhibit 12 indicates the
alternative for connection to the Salt Creek sewer system. Extension of trunk sewer facilities to
serve the Salt Creek basin by gravity flow are planned as a part of the Otay Ranch project.
Currently, no facilities exist near the project site in the Salt Creek basin. Because of this, interim
pumping of project flows to facilities in the Telegraph Canyon Gravity Sewer Basin is
anticipated.
The trunk facilities in the Telegraph Canyon Basin currently convey pumped flows from
EastLake Greens, Trails, and the Olympic Training Center, and will accommodate interim flows
from Salt Creek Ranch and EastLake III. The City has established a flow monitoring program
and financing plan for the Telegraph Canyon Basin to assure facilities can continue to
accommodate pumped flows. The EastLake Business Center II Supplemental SPA will be
required to participate in this program and development phasing may be constrained by sewer
capacity. EastLake Business Center II Supplemental will also participate in the Salt Creek
Gravity Basin Sewer Plan established by the City.
Sewer generation and facility requirements for the project will be determined in a Sewer Master
Plan to be prepared for and approved by the City. The phased construction of sewer facilities
and/or participation regional improvement programs, based on the approved master plan, will be
incorporated into the Public Facilities Financing Plan and/or subdivision map conditions to
assure timely provision of required facilities. A plan for sewer collection within the project is
depicted on the Sewer Plan (Exhibit 13).
Amended 11/1/07
VII-3'
;.....Suoolell1ental SectionaJ.l>lannin2 Area (SPA)
Reclaimed Water System
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---.- Existing 950 Recycled Zone
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~ EASTLAKE I
A pbnned community by The EastLake Company
Exhibit 12
On. Land Planning
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8-12-99
Amended 1111107
VII.4
Suoolemental Sectional flannin2 Area (Sf A)
Sewer Plan
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Engineer:
EastLake Greens SPA existing
14" parallel "i:
to ree mai ns <Of,
o.
-l>~
Telegraph Canyon
Drainage Basin
+ Proposed Sewer
<-- Existing Sewer
~ E4STLAKE
A planned community by The Ea'lLake Company
Salt Creek
Drainage Basin
Existing Tempory
Pump Sf8tion
Note: This plan Is concepbJal and
sl.biect 10 refinement Refer ~ adopted
Tentative Tract Map For more precise
details and requirements.
C.inti Land Planning
__,0&"''''__ rr"
~L....j
10.8.99
Amended 11/1107
Suoolemental Sectional Plannillg Area (SPA)
VII-5
11.2.7.6 Storm and Drainage System
Conceptually, the on-site runoff from developed areas in the EastLake Business Center II
Supplemental SPA will be collected by an on-site system and eventually discharged into the
Telegraph Canyon and Salt Creek drainage basins. No significant diversion of run-off is
anticipated. Anticipated flows will be calculated and a Storm Drain Master Plan will be prepared
for and approved by the City. There will be a detention basin in Salt Creek north of Olympic
Parkway, which is designed to serve development in EastLake III as well as EastLake II. No
significant conflicts between storm drain facilities and recreation use of the Salt Creek corridor
are anticipated.
The phased construction of storm drain facilities, based on the city-approved master plan, will be
incorporated into the Public Facilities Financing Plan and/or subdivision map conditions to
assure timely provision of required facilities. A conceptual Storm Water Plan for the project is
depicted in Exhibit 14.
11.2.7.7 Urban Run-off
The Upper and Lower Otay Lakes are operated by the City of San Diego as domestic water
reservoirs. These reservoirs must be protected from urban run-off to maintain water quality for
domestic use. The EastLake Business Center II SPA does not drain into the watersheds for these
reservoirs. Salt Creek is a USGS blueline stream, which designates it as "waters of the United
States" under the Clean Water Act (CW A). All development in excess of five acres which drains
to waters of the United States must incorporate urban run-off planning, which, for EastLake
Business Center II, will be detailed at the Tentative Tract Map level. The proposed development
shall comply with all applicable Federal, State, and local regulations.
11.2.7.8 Roads
Roads included in this SPA proposal are addressed in Chapter 11.2.3 Circulation of this SPA
Plan. The Public Facilities Financing Plan (Section 11.5 of the SPA Plan package) details their
phasing and financing.
Amended 11/1/07
VlI-6
Suoolemental Sectional Plannine Area (SP A)
Storm Water
---j -- --~
,-
i RCP -t-1
J ~
'.
xisting 18" RCP
Existing
30" RCP
-
Exist. 24" RCP
EastLake Greens SPA
RCP
.....
Telegraph Canyon Salt Creek
Drainage Basin Drainage Basin
.~ Flow Direction
o Storm Drain Inlet
. Connection to Existing System (Outlet)
( Outlet
~E4STLAKE
Clnn Land Planning
~~
Amendedll/1I07
VII-7
Suoolemental Sectional Planning Area ISP A)
11.2.7.9 Schools
The EastLake Business Center II SPA includes only eili.blovrnentllight industrial park with
supporting and complimentary commercialemplsymeffl uses. It neither includes a school site nor
does it directly create demand for new or additional school facilities which are associated with
new residential development.
EastLake Business Center II is located within the Sweetwater Union High School District
(grades 7-12) and the Chula Vista Elementary School District (grades K-6). The Board of
Trustees of the Sweetwater Union School District and the Board of Education of the Chula Vista
Elementary School District have each formed Community Facilities (Mello-Roos) Districts for
the purpose of financing school facilities within the EastLake Community through the use of
special taxes and the issuance of bonds. Since the SPA is located within the overall community,
these special taxes will be applied to the Business Center II property.
Adult school services are provided in the evening at local school district facilities. Southwestern
College, located approximately I mile west of EastLake, provides community college services to
local residents. Neither of these services are expected to be affected by development of the
Business Center expansion.
11.2.7.10 Child Care Facilities
The city adopted the Child Care Element of the Chula Vista General Plan in March, 1995. The
purpose of the Child Care Element is "to provide comprehensive policy direction for the
provision of adequate child care facilities necessary to serve existing and future developed areas
in the City in a coordinated and effective manner."
EastLake Business Center II SPA, and the EastLake Planned Community as a whole, may have a
mix of child care providers, such as school, church, non-profit or commercial facilities. Child
care facilities may be located within private homes, commercial centers, offices, government and
industrial complexes, and/or adjacent to public and private schools when appropriate. Family
day care homes and facility-based child care centers are discussed below.
Home-based child care includes small family day care homes (SFDCH) that serve up to_8
children and large family day care homes (LFDCH) that serve 9-14 children. The Chula Vista
Municipal Code allows the establishment ofSFDCHs and LFDCHs within the R-l Zone as well
as the RE and RS land use districts of the PC Zone found throughout the EastLake Community.
A conditional use permit is required for all family day care homes within R-2 and R-3 Zones.
Consistent with Chula Vista zoning, SFDCHs could potentially be located within all residential
zones in the EastLake Community. Since the State of California has family day care home
licensing responsibility, all family day care homes within the residential areas of EastLake would
be required to comply with both state and local regulations.
The City of Chula Vista has established specific requirements for operating a large family day
care home, which have been incorporated in the Planned Community District Regulations
adopted for EastLake II (see Section 11.3, Planned Community District Regulations). Facility-
based child care may be conducted by non-profit quasi-public organizations or commercial
providers. These facilities may be located on a variety of non-residential parcels (including PQ
and CPF sites). Further, day care and nursery schools will be permitted within the Business
Center itself, subject to Administrative Review (see PC District Regulations).
Amended 11/1/07
VIl-8
Suoollltnental Sectional Plaonih2Area (SPA)
The State has adopted regulations related to licensing, application procedures, administrative
actions, enforcement provisions, continuing requirements and physical environment for child day
care and day care centers. All child care facilities within the SPA will need to comply with state,
as well as local regulations.
II.2.7.11 Police and Fire Services
Both police and fire services are provided by the City of Chula Vista. Police services are
provided from the central police facility in central Chula Vista. Two fire stations are in close
proximity to the project site. One, a temporary facility, is located in the EastLake Business
Center, immediately adjacent to the project site. The station will be relocated to a new
permanent site as the City's Fire Master Plan is implemented. The final location of the new
permanent site has yet to be determined. It is anticipated that the site will be in close proximity
to EastLake Business Center. A second station is located approximately 5 minutes away on Otay
Lakes Road, south of East "H" Street. This station is planned to be relocated to the Rancho del
Rey community to the west of EastLake.
II.2.7.12 Library Services
Library services are provided by the City of Chula Vista. The City operates a central library,
which is located at 4th and "F" Streets in central Chula Vista, to serve the entire community.
Growth in eastern Chula Vista raises questions as to how library service is to be provided within
the Eastern Territories and in what locations. Smaller branch libraries or a large facility to serve
the area east of 1-805 merit consideration.
A Library Service Master Plan has been completed which suggests a branch library in the eastern
area of the City should be considered. Rancho del Rey reserves a site for a City library along
East "H" Street. In addition, the EastLake Village Center Master Tentative Map reserves a I
acre site for a library within EastLake I. Currently, the city operates a shared facility on the
EastLake High School campus which provides neighborhood library services.
Again, library services are generally associated with increased residential development and, as a
non-residential project, the Business Center expansion is not expected to affect library services.
II.2.7.13 Community Purpose Facilities (CPF)
Community Purpose Facilities are required in the City of Chula Vista at the rate of 1.39 acres per
1000 persons to be addressed with each SPA Plan. Since the proposed project does not affect the
population in the project area, it does not affect the CPF plans adopted for the EastLake
Community as a whole.
Amended 1111/07
. .Vll-9
Suriulemental Sectional Plannin2 Area (SPA)
11.2.8
APPENDIX
H:\PDA T A \251 02850\Admin\reports\Amendments\SP A \EDIT _ SPA_I 0-23-07 .doc
10123/20074:56 PM
Amended 11/ 1/07
VJ1I-1
Suoolemental Sectional Plannine Area (SPA)
PC DISTRICT REGS
EastLake II
Planned Community (PC)
District Regulations
Regulations for the following SPA Plans:
EastLake I
(including: EastLake Hills, EastLake Shores, Business Center I, & Village Center
North Supplemental SPA Plan)
EastLake Business Center II SPA Plan
]~'&\W~~..' ..,
L. ..,. .~'" "..',~~..
EastLake II SPA Plan
(Consolidation of EastLake Greens & Trails)
Ordinance No. 3018
Resolution No. 2005-288
Adopted August 23, 2005
Prepared by:
Cint; Land Planning
2932 Poinsettia Drive
San Diego, CA 92106
Contact: Gary P. Cinti
email: gary@cinti.com
(619) 223-7408
Affi~~'ii~~
iii
iite: An .' ij)''ds~'''2i!!Ili~~ii"YWlf
~1 i',;'. - - .--. -.p;/,,~~>->;u>"~~~~~0h\'!0''04;9_9;t:,!.\t\.;;''i'"
shown In nnder,U"ne'aild shadlli2::,wor
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-.'.-
TABLE OF CONTENTS
INTRODUCTION
SECTION I. GENERAL PROVISIONS
La
1.1
1.2
1.3
1.4
1.5
1.6
1.7
Purpose and Scope
Private Agreements
Repeal of Conflicting Ordinances
Establishment of Land Use Districts
Clarification of Ambiguity
Effects of Regulations
Enforcement
Definitions
SECTION II. RESIDENTIAL DISTRICTS
II.a
11.1
II .2
II.3
II .4
II. 5
II.6
II. 7
Purpose
Land Use District Grouping
Permitted Uses
Property Development Standards: Residential Districts
Performance Standards: Residential Districts
Accessory Structures: Residential Districts
Walls and Fences: Residential Districts
Signs: Residential Districts
SECTION III. VILLAGE CENTER & COMMERCIAL DISTRICTS
III. 0
III.1
III. 2
III.3
III. 4
III. 5
III.6
Purpose
Permitted Uses: Village Center Districts
Property Development Standards: Village Center Districts
Performance Standards: Village Center Districts
Permitted Uses: Commercial Districts
Property Development Standards: Commercial Districts
Performance Standards: Commercial Districts
SECTION IV. BUSINESS CENTER DISTRICTS
IV.a
IV.1
Purpose
Permitted and Conditional Uses: Business Center Districts
Pt:~~
R~'1i!l1!~~'
SECTION V. SPECIAL PURPOSE DISTRICTS
v.a
V.1
V.2
V.3
V.4
V.5
Purpose
Permitted and Conditional Uses: Open Space Districts
Permitted and Conditional Uses: Quasi-Public Facilities (PQ),
Community Purpose Facilities (CPF) District Regulations
Property Development Standards: Special Purpose Districts
Signs: Special Purpose Districts
SECTION VI. SPECIAL USES AND CONDITIONS
VI. 0
VI. 1
VI.2
VI.3
VI.4
Temporary Uses
Home Occupations
Recreational Courts
Kennels - Commercial and Non-commercial
Arcades
SECTION VII. COMPREHENSIVE SIGN REGULATIONS
08/23/05
RCviSbi 1lil101
Pa.e
III
1-1
1-1
1-1
1-1
I-1
1-2
1-2
1-3
1-3
II-I
II-1
II-1
II-1
II-2
II-5
1I-7
1I-7
II-7
III-I
III-1
III-1
1II-7
III-7
III-B
1II-12
III-12
IV-I
IV-1
IV-1
IV-6
IV-9
V-I
V-1
V-1
V-2
V-2
V-3
V-3
VI-I
VI-1
VI-2
VI-3
VI-3
VI-4
VII-I
EaSILake II SPA Plans
VII. 0
VII.l
VII. 2
VII. 3
Purpose
Permit Requirement and Review
Sign Regulations
Sign Design Standards
VII-l
VlI-l
VII-S
VII-7
VlII-l
SECTION VIII. OFF-STREET PARKING
VIII.O
VIII.l
VIII. 2
VIII.3
VIII. 4
Purpose
General Provisions
Schedule of Off-street Parking Requirements
Property Development Standards: Off-street Parking
Performance Standards: Off-Street Parking
VlII-l
VlII-l
VIII-2
VIII-6
VIII-7
SECTION IX. ADMINISTRATION
IX.O
IX.l
IX.2
IX.3
IX.4
IX-l
Purpose
Standard Procedures
Administrative Review
Site Plan and Architectural Approval
Other provisions
IX-l
IX-l
IX-l
IX-l
IX-l
EXHIBITS
Exhibit 1 LAND USE DISTRICTS
jy:v
08/23/05 ii
~-
EastLake II SPA Plans
INTRODUCTION
These Planned Community (PC) District Regulations are adopted pursuant to Title 19, Zoning, of fue Chula Vista
Municipal Code and are intended to implement and integrate fue Chula Vista General Plan, fue General
Development Plan, and the Sectional Planning Area Plans (SPAs) for EastLake I, Salt Creek I, EastLake Greens and
EastLake Trails. (Refer to Exhibit 2 in Chapter I, Section 1.1) These regulations set forfu the development and use
standards for all property within EastLake II General Development Plan Area by establishing:
setbacks;
building heights;
parking requirements;
landscape requirements;
use restrictions;
animal regulations;
density of development;
lot size, width and depfu;
fencing requirements; and,
signing regulations.
The PC District Regulations, along wifu fue various SPA Plans, delineate precisely fue allowable use of fue
property.
The PC District Regulations are organized into four basic land use districts:
Residential;
Village Center and Commercial;
Business Center; and,
Special Purpose.
08/23/05
ReVised lim07
iii
EastLake II SPA Plans
SECTION I.
GENERAL PROVISIONS
I. 0 Purpose and Scope
For the purpose of promoting and protecting the public health, safety and welfare of the people of the City of Chula
Vista, to safeguard and enhance the appearance and quality of development of EastLake II, and to provide the social,
physical and economic advantages resulting from comprehensive and orderly planned use of land resources, these
Planned Community District Regulations defining land use districts and regulations within those districts are hereby
established and adopted by the City Council.
I . 1 Private Agreements
The provisions of this ordinance are not intended to abrogate any easements, covenants, or other existing agreements
which are more restrictive than the provisions of this ordinance.
I .2 Repeal of Conflicting Ordinances
Whenever the provisions of this ordinance impose more restrictive regulations upon construction or use of buildings
or structures, or the use of lands or premises than are imposed or required by other ordinances previously adopted,
the provisions of this ordinance or rules or regulations promulgated hereunder shall govern.
I.3 Establishment of Land Use Districts
A. Division of EastLake II into Land Use Districts
In order to classify, regulate, restrict and separate the use of land, buildings and structures, and to regulate
and limit the type, heigbt and bulk of buildings and structures in the various districts, and to regulate the
areas of yards and other open area abutting and between buildings and structures, and to regulate the
density of population, EastLake II GDP is bereby divided into the following Land Use Districts:
Residential Land Use Districts
RE-3
RS-5
RS-7
RP-8
RP-13
RP-SL
RC-IO
RC-15
RC-22
RM-25
RM-44
Residential Estate
Residential Single Family
Residential Single Family
Residential Planned Development
Residential Planned Development
Residential Planned Development
Residential Condominium
Residential Condominium
Residential Condominium
Residential Multi-Family
Residential Multi-Family
Village Center and Commercial Land Use Districts
VC-l
VC-2
VC-3
VC-4
Village Center
Village Center
Village Center
Village Center
FC
PA
Freeway Commercial
Professional and Administrative
08/23/05
jf~
[-I
EastLake II SPA Plans
Business Center Land Use Districts
BC-l Business Center Manufacturing Park
BC-2 Business Center Manufacturing Service
BC-3 Core District
Bd:4$';~;~lf+;l!Yearll~II'j\n
Special Pumose Land Use Districts
OS-l Open Space
OS-2 Open Space
OS-3 Open Space
OS-4 Open Space
OS-5 Open Space
OS-6 Open Space
OS- 7 Open Space
PQ-I Quasi-Public Facilities
CPF Community Purpose Facilities
B, Adoption of Land Use Districts - Maps
Said several Land Use Districts and boundaries of said Districts and each of them hereby are established
and adopted as shown, delineated and designated on the EastLake II Planned Community District
Regulations Land Use Districts Map of the City of Chula Vista, San Diego County, which map, together
with all notations, references, data, district boundaries and other information thereon, is made a part hereof
and adopted concurrently herewith.
e. Filing
The original of the EastLake II Planned Community District Regulations Land Use District Map shall be
kept on file with the City Clerk and shall constitute the original record. A copy of said Map shall also be
filed with the Planning Department.
D. Changes to the Land Use District Map
Changes to the boundaries of the land use districts shall be made by ordinance and shall be reflected on the
EastLake II Planned Community District Regulations Land Use District Map. Minor changes resulting
from the approval of a tract map may be made to the land use district map as an administrative matter.
I . 4 Clarifleation of Ambiguity
If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this
ordinance, or if ambiguity exists with respect to matters of height, yard requirements, area requirements or land use
district boundaries as set forth herein, it shall be the duty of the Director of Planning and Building to ascertain all
pertinent facts and forward said [mdings and recommendations to the Planning Commission, or on appeal, to the
City Council and if approved by the Commission or, on appeal, by the City Council. Thereafter, the established
interpretation shall govern.
Should any provision of these regulations conflict with those of the Municipal Code, the requirements herein shall
apply.
I . 5 Effects of Regulations
The provisions of this ordinance governing the use of land, buildings, and structures, the size of yards abutting
buildings and structures, the height and bulk of buildings, the density of population, the number of dwelling units
per acre, standards of performance and other provisions hereby are declared to be in effect upon all land included
with the boundaries of each and every land use district established by this ordinance.
08/23/05
Rmse<i{:J11ll07
1-2
EastLake II SPA Plans
r. 6 Enforcement
A. Enforcement bv City Officials
The City Council, the City Attorney, the City Manager, the Director of Public Safety, the Building Official,
the Director of Planning and_Building, the City Clerk and all officials charged with issuance of licenses or
permits, shall enforce the provisions of this ordinance. Any permit, certificate or license issued in conflict
with the provisions of this ordinance shall be void.
B. Actions Deemed a Nuisance
Any building or structure erected hereafter, or any use of property contrary to the provisions of a duly
approved Design Review, Site Plan, Variance, Conditional Use Permit or Administrative Permit and/or this
ordinance shall be and the same hereby is declared to be unlawful and a public nuisance per se and subject
to abatement in accordance with local ordinance.
C. Remedies
All remedies concerning this ordinance shall be cumulative and not exclusive. The conviction and
punishment of any person hereunder shall not relieve such persons from the responsibility of correcting
prohibited conditions or removing prohibited buildings, structures, signs or improvements, and shall not
prevent the enforced correction or removal thereof
D. Penalties
Any person, partnership, organization, frrm or corporation, whether as principal, agent, employee or
otherwise, violating any provision of this ordinance or violating or failing to comply with any order or
regulation made hereunder, shall be guilty of an infraction and, upon conviction thereof, shall be
punishable as provided by local ordinance.
I.7 Definitions
For the purpose of this Ordinance, certain words, phrases and terms used herein shall have the meaning assigned to
them by Title 19 of the City of Chula Vista Municipal Code.
When not inconsistent with the context, words used in the present tense include the future; words in the singular
number include the plural; and, those in the plural number include the singular. The word "shall" is mandatory; the
word "may" is permissive.
Any aspect of land use regulation within EastLake II General Development Plan Area not covered by these district
regulations or subsequent plan approvals, shall be regulated by the applicable section of the Chula Vista Municipal
Code (CYMe).
08/23105
~
1-3
EastLake II SPA Plans
SECTION II.
RESIDENTIAL DISTRICTS
II.O Purpose
In addition to the objectives outlined in Section 1.0 (Purpose and Scope), the Residential Districts are included in the
Planned Community District Regulations to achieve the following purposes:
To reserve appropriately located areas for family living at a broad range of dwelling unit densities
consistent with the General Plan and with sound standards of public health, safety and welfare;
To ensure adequate light, air, privacy and open space for each dwelling;
To minimize traffic congestion and avoid the overloading of public services and utilities by
preventing construction of buildings of excessive bulk or number in relation to the land area
around them;
To protect residential properties from noise, illumination, unsightliness, odors, smoke and other
objectionable influences; and,
To facilitate the provision of utility services and other public facilities commensurate with
anticipated population, dwelling unit densities and service requirements.
11.1 Land Use District Grouping
To facilitate the establishment of permitted use and development standards which are applicable to more than one
land use district, land use groups are herein established. The following land use groups are established and shall be
identified by the designation indicated below:
Land Use Land Use District
Grouo Desienation Included in Grouo
RE RE-3
RS RS-5 and RS-7
RP RP-8, RP-I3 and RP-SL
RC RC-IO, RC-15 and RC-22
RM RM-25 and RM-44
11.2 Permitted Uses
The following uses shall be permitted where the symbol "P" appears and shall be permitted subject to a Conditional
Use Permit where the symbol "C" appears. Uses where the symbol "A" appears shall be permitted subject to an
Administrative Review. Uses where the symbol "N" appear shall not be permitted. Uses where the symbol "aU
appears are only permitted as an accessory use to a basic permitted use.
Land Use
Land Use Groun
RE RS RP RC RM
P P P P P
N N P P P
A N N N N
p p P P P
A. Residential Uses
1. Single family dwellings
2. Duplex dwellings
3. Guest dwellings or accessory living quarters
4. Mobile homes on individual lots which are certified
under the National Mobile home Construction and
Safety Standards Act of 1974
5.
Group residential, including but not limited to,
boarding or rooming homes, dormitories, and
retirement homes
N
N
C
A
A
6.
Multiple dwellings
N
N
A
P
P
08/23/05
RlVised Illil07
II-I
EastLake II SPA Plans
Land Use Land Use Groun
RE RS RP RC RM
7. Iownhouse dwellings N N P P P
B. Agricultural Uses
J. All types of horticulture P P P P P
2. Agricultural crops A A A A A
3. Animal raising or grazing A N N N N
4. Keeping of three (3) dogs and/or three (3) cats (over P P P P P
the age offour months)
C. Public and Ouasi-Public Uses
J. Day nurseries, day care schools and nursery schools C C C C C
(Children under 12 subject to City Standards)
2. Convalescent homes C C C C C
3. Churches, convents, monasteries and other religious
places of worship (subject to requirements of Section C C C C C
19.58.110 CYMe)
4. Essential public services including but not limited to:
schools, libraries, museums, parks, public works C C C C C
facilities and other civic uses
5. Public utility and public service substations, reservoirs, C C C C C
pumping plants and similar installations
6. Recreational facilities including but not limited to:
country clubs, tennis and swim clubs, golf courses,
racquetball and handball. (Sites for such facilities C C C C C
which are 2 acres or less in size shall be subject to
Administrative Review only.)
7. Recreational courts, including but not limited to: A A A A A
tennis, basketball, and similar uses
D. Home Occuoations
J. Home occupations subject to the provisions of A A A A A
Section VI. I
E. Accessorv Uses
J. Accessory structures and uses located on the same A A A A A
site as a permitted use
2. Accessory structures and uses located on the same A A A A A
site as a conditional use
F. Temoorarv Uses
l. I emporary uses as prescribed in Section VI.O A A A A A
II.3 Property Development Standards: Residential Districts
A. Ihe following Property Development Standards shall apply to all land and buildings, other than accessory
buildings, permitted in their respective residential land use districts. Ihe use of the symbol "SP" indicates
that the standard is established by the approval of a Site PlanfTentative Iract Map. Dimensions and
08/23/05 11-2 EastLake II SPA Plans
~
standards are minimums. Minor variations may be permitted subject to site plan or tract map approval
providing that the minimums specified herein are maintained as average minimums. Lot widths and depths
are herein maintained as average minimums. Lot widths and depths are typical minimums but may vary
slightly with irregularly shaped lots and site specific conditions. The parking standards for a planned
Senior Citizen or "affordable" residential development may be reduced from those specified herein for the
district in which it is located by the Director ofPlanning.
B. Large Da v Care
The City of Chula Vista has established specific requirements for operating a large day care facility,
including:
I. A large day care facility shall not be within 1,200 feet of another such facility on the same street
as measured from the exterior boundaries of the property.
2. An area shall be provided for the temporary parking of at least two vehicles for the safe loading
and unloading of children. In most cases, the driveway in front of a two-car garage will satisfy
this requirement.
3. A usable rear yard play area of 1,200 sq. ft. shall be provided. Outdoor play activity shall not be
allowed in the front or exterior side yard of the home.
4. Play areas shall be designed and located to reduce the impact of noise on surrounding properties.
The Zoning Administrator may impose reasonable requirements to alleviate noise, including but
not limited to installation of a six-foot high block wall around the perimeter of the rear yard.
08/23/05
ReVlsCditW07
11-3
EastLake II SPA Plans
Residential Proper~ Development Standards
Land Use GrouplDistrict
RP
Site Condition RE RS RP-8 RP-13 RP-SL RC RM
1 Lot area (in net OOO's square feet) 8 5 3' 3' 2.5 SP SP
2 Lot Width (in feet) 70 50 38 38 50 SP SP
(Attached Products in RP district) 25 25
3 Lot deoth (in feet) 100 100 90 50 50 SP SP
4 Lot coverage (percent) 40 50 SP SP SP SP SP
5 Front yard setback: (garage)
a) To direct entry garage 20 20 SP SP 20 SP SP
b) To side entry garage 20 15 SP SP 10 SP SP
(single story garage in RS district) 10
6 Front yard setback: (main residence) 20 20 SP SP 10 SP SP
7 Side yard setback:
a) to adjacent residential lot 15/5 10/5 .. SP SP 10/5 SP SP
(min. total/one side)
b) to adjacent street (comer lot) 10 10
8 Rear yard setback 20 15 SP SP SP SP SP
9 Building height (maximum in feet) 28*** 28*** 28*** 28*** 28*** 45 45
(2 1/2 stOry max. RE, RS, & RP districts)
10 Parking spaces per unit: (g=garage; c-carport; op-open)
SF Detached Units 2g 2g 2g 2g 2g 2g 2g
SF Attached Units Ig+lc Ig+lc Ig+lc Ig+lc Ig+lc
MF Units (1 bedroom units) Ic+O.5op Ic+0.5oo
MF Units (2 bedroom units) Ic+lop 1c+lop
MF Units (3+ bedroom units) Ic+ 1.500 Ic+1.50p
Notes:
Refer to paragraph 1I3D for detached structure overlay standards.
. May be modified for attached unites with Site Plan Approval
.. RS & RS-5 District only; 13/3 in RS-7 District.
... May be increased to 35 feet with Site Plan Approval.
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C. Grouo Parking Standards for RC and RM Land Use Grouos
The parking requirements include 0.5 spaces for guest parking. This requirement may be reduced to 0.3
space per unit by the Zoning Administrator which would result in a reduction of the standards set forth in
the table. If more than one space per dwelling unit is assigned to the dwelling unit, then the required guest
parkiog spaces shall be marked and clearly identified as guest parking. The guest parking spaces shall not
be permitted to be assigned to individual dwelling units.
D. Soecial Requirements
I. Front yard setbacks shall be measured from the right-of-way of the fronting street. The front yard
setback may be reduced, subject to site plan approval, within the RP, RC and RM districts. If the
front yard setback is reduced to less than twenty (20) feet, and the dwelling unit is located on a
street, cul-de-sac, or court containing more than twelve (12) dwelling units, then the garage shall
be equipped with an automatic garage door opener.
2. The allowable building area for each lot shall be as permitted in the table below. The maximum
building area for single family detached and attached products shall be the square footage listed or
that permitted by the percentage of lot area, whichever is greater. Homeowner additions shall be
allowed only where consistent with these standards. A 300 square foot open patio (covered but
open on three sides) shall be permitted on each residential lot and shall be exempt from inclusion
in this calculation.
E. Detached Structure Overlav Standards
1. The Detached Structure Overlay Standards shall only apply to those areas depicted on the Land
Use Districts map as "Detached Structure Overlay."
2. Uses Pennitted: A Guest House as defined in Section 10.04.106 CYMC, except as further defmed
as follows: A "Guest house" means detached living quarters of a permanent type of construction,
without kitchen or cooking facilities and intended for use by occasional guests and occupants of
the main building. Use by occasional guests shall not exceed 90 days for anyone guest over a one
year period. A guest house shall not be separately rented, let, or leased, whether compensation is
direct or indirect.
3. Site Development Standards: Shall be as indicated for the base residential land use district, except
that the front setback may be reduced to 15 feet if approved by the Director of PI arming.
Pennitted Building Area
District
RE & RS-5
RS-7
RP-SL & RP-8
RP-13
Square Footage
4,500
3,900
2,900
2,300
Lot Area Percentage (FAR)
50%
50%
55%
55%
All residential development north of Otay Lakes Road, within the EastLake I SPA, shall be exempt from
this maximum building area standard. RP-13 parcels in the Greens SPA are limited to 2,000 square feet.
II.4 Performance Standards: Residential Districts
In all Residential Districts, the following performance standards shall be met:
A. Air conditioners, antennas, ham radio antennas, solar panels, heating, cooling, ventilating
equipment and all other mechanical, lighting or electrical devices shall be so operated and located
so that they do not disturb the peace, quiet and comfort of neighboring residents and shall be
screened, shielded and/or sound buffered from surrounding properties and streets. All equipment
shall be installed and operated in accordance with all other applicable ordinances. Heights of said
equipment shall not exceed the required height of the zone in which they are located. Private,
individual satellite dish antennas greater than three (3) feet in diameter are subject to a Conditional
Use Permit. Conununity or association operated satellite dish antennas may be allowed subject to
a Conditional Use Pennit.
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EastLake II SPA Plans
B. Required front and exterior side yards shall be landscaped and shall consist predominantly of
trees, plant materials, ground cover and decorative rocks, except for necessary walks, drives and
fences. All required landscaping shall be permanently maintained in a healthy and thriving
condition, free from weeds, trash and debris. Landscaping requirements may be met by either
installation by the builder or developer, or for single family development, requirements through
CC&R's that individual homeowners instaU their front yard landscaping within one year of
occupancy. or sooner if required by CC&R's.
C. AU utility connections shall be designed to coordinate with the architectural elements of the site so
as not to be exposed except where required by utility provider. Pad-mounted transformers and/or
meter box locations shall be included in the site plan with any appropriate screening treatment.
Power lines and cables shaU be instaUed underground.
D. The acceptable outdoor noise exposure level, measured at the property line, for each residential
district is provided in the table below. (See Chapter 19.66 CVMC for defmitions and additional
details).
Exterior Noise Limits*
Receivinl! Land Use District
RE, RS, RP
RC,RM
"'Environmental Noise - leq in any hour
*Nuisance Noise - riot to be exceeded at any time
7 a.m. - 10 o.m.
55 dbA
60 dbA
10 O.m. - 7 a.m.
45 dbA
50 dbA
E. The maximum permissible dwelling unit interior noise levels are provided in the table below.
Interior Noise Limits*
Time Interval
7 a.m. - 10 p.m.
10 p.m. -7 a.m.
Anv Time
55 dbA
45 dbA
1 min. in 1 hour
50 dbA
40 dbA
5 min. in 1 hour
45 dbA
35 dbA
F. Energy Conservation. Buildings shall be located on the site to provide adjacent buildings
adequate sunlight for solar access when practical. Buildings should be designed to minimize
energy consumption requirements, including but not necessarily limited to, the following
conservation considerations:
Co-generation;
South facing windows;
Eave coverage for windows;
Double glazed windows;
Earth berming against exterior walls;
Greenhouses; and,
Deciduous shade trees.
G. In the RC and RM districts, including the conversion of apartments to condominiums where
permitted, the following performance standards shall be met:
I. Masonry waUs or fences six (6) feet in height, from the highest finished grade,
shall be required where needed for noise attenuation and/or privacy.
2. Where a lot fronts on more than one street, it shall be considered to have
multiple frontages and shall be required to meet special side yard setbacks.
3. When an RC and/or RM lot is adjacent to any single family zone, a minimum of
fifteen (15) feet oflandscaping shall be maintained on the RC and/or RM lot
between such uses.
4. Lockable, enclosed storage shall be provided in the carport area; substitutions
may be approved by the Director of Planning;
5. Conveniently located common laundry facilities shall be provided for units
which do not have individual hook-ups.
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EastLake II SPA Plans
6. Conveniently located and well screened trash enclosures shall be provided for
all dwelling units.
7. Recreation vehicle (including campers, boards and trailers) parking areas shall
be provided, fully screened from view or the development CC&R's shall
prohibit all parking of recreation vehicles.
II.5 Accessory Structures: Residential Districts
Accessory Buildings and Structures: Accessory buildings and structures, attached or detached, used either wholly or
in part for living purposes, shall meet all of the requirements for location of the main structure as constructed or
required by the District, whichever is less restrictive; except as herein provided.
A. Enclosed accessory buildings or structures that are attached to the main building shall not be
allowed to encroach into the required rear yard setback. Open structures may be allowed to
encroach into the rear yard setback subject to approval by the Director of Planning.
B. A detached accessory structure shall meet the setback requirements of the main building for the
front and street side yard areas.
C. A detached accessory structure may be located within an interior side or rear yard provided that
such structure is located no closer than five (5) feet to an interior side or rear lot line and is at least
six (6) feet from the main structure and does not exceed one story in height.
D. Porches, steps, architectural features such as eaves, awnings, chirrmeys, balconies, stairways, wing
walls or bay windows may project not more than four (4) feet into any required front or rear yard
area, and not into any required side yard more than one-half of said required side yard.
II.6 Walls and Fences: Residential Districts
In any required front or side yard adjacent to a street, a wall, fence or hedge shall not exceed forty-two (42) inches in
height, except as provided herein:
A. A wall, fence or hedge not more than six (6) feet in height may be maintained along the interior
side or rear lot line, provided that such wall, fence or hedge does not extend into a required front
or side yard adjacent to a street except for noise attenuation as required by the City and as herein
provided.
B. A wall, fence or hedge adjacent to a driveway or street providing vehicular access to an abutting
lot or street shall not exceed forty-two (42) inches in height within the front or side yard setback
area of the lot. Comer cut-offs may be required to maintain a reduced height in special
circumstances for safety and visibility.
C. Fiberglass or bamboo sheeting or other similar temporary material shall not be permitted as a
fencing material on street frontages.
II.7 Signs: Residential Districts
No sign or outdoor advertising structure shall be permitted in any residential district except as provided in Section
VII.
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EastLake II SPA Plans
SECTION III.
VILLAGE CENTER & COMMERCIAL DISTRICTS
III.O Purpose
In addition to the objectives outlined in Section 1.0 (Purpose and Scope), the Village Center and Commercial
Districts are included in the Planned Community District Regulations to achieve the following purposes:
To provide appropriately located areas for office uses, retail stores, service establishments and
wholesale businesses, offering commodities and services required by residents of the City and its
surrounding market area;
To provide an opportunity for commercial and quasi-public community support facilities;
To encourage office and commercial uses to concentrate for the convenience of the public and for
a more mutually beneficial relationship to each other;
To provide adequate space to meet the needs of modem conunercial development, including
off-street parking and loading areas;
To minimize traffic congestion and to avoid the overloading of utilities by preventing the
construction of buildings suited to the amount of land around them;
To protect commercial properties from noise, odor, smoke, unsightliness, and other objectionable
influences incidental to industrial uses; and
To promote high standards of site planning, architectural and landscape design for office and
commercial developments within the City ofChula Vista.
III.1 Permitted Uses: Village Center Districts
The matrix of land uses on the following pages indicates the relative permissive status using the following symbols:
"P"
"C"
Permitted.
Permitted subject to Conditional Use Permit approved by the Chula
Vista Planning Commission.
Permitted subject to Conditional Use Permit by the Zoning
Administrator.
Permitted Accessory Use to a Permitted or Conditional Use.
Use Not Permitted.
First symbol before "/" is the permissive status if all required
discretionary applications for implementation have been submitted
prior to December 31, 2004. Second symbol after "I" is the permissive
status if all applications have not been submitted prior to December 31,
2004.
Subject to Zoning Administrator review and approval.
"A"
"a"
"N"
"PIN"
"PlU
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Land Use District
Land Use VC-I VC-Ia VC-2 VC-3 11II
A. Administrative and Professional P P P P P
Services
B. General Commercial Uses
I. Antique shops (no outdoor P P N P N
storage)
2. Apparel stores P P PIN P P
3. Art, music and photographic P P PIN P P
studios and supply stores
4. Appliance stores and repair P N PIN P P
(no outdoor storage)
5. Arcades and electronic C C PIN C P
games (see Section VIA)
6. Athletic and health clubs C C C C C
7. Automobile and/or truck A N N A N
services, sales, rental
agencies
8. Bakeries - retail P P P P P
9. Barber and beauty shops P P P P P
10. Bicycle shops, P P P P P
non-motorized
II. Blueprint and photocopy P N P P P
services
12. Book, gifts and stationery P P P P P
stores
13. Candy stores and P P a P a
confectioners
14. Car Wash subject to C N N C N
proVISIOns of Section
19.58.060 CVMC
IS. Catering establishments P P N P N
16. Cleaners P P PIN P P
17. Commercial recreation C C C C C
facilities not otherwise listed
18. Eating and drinking
establishments:
a. Bars, nightclubs C C N N N
cabarets
b. Restaurants, coffee
shops, delicatessens:
I) with a\coholic C C C C C
beverages and/or
entertainment
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ReVfS@:i:'Hl<J1:7()1
Land Use District
Land Use VC-I VC-Ia VC-2 VC-3
2) without P P P P
alcoholic bev.
3) with outdoor P P P P
seating ·
c. Snack bars and P P P P
refreshment stands
contained within a
building
d. Fast rood restaurants C N N C
with drive-in or
drive-through (subject
to Site Plan and Arch.
Review by the Zoning
Administrator)
19. Equipment rental (enclosed P N P P
building)
20. Feed and tack stores (no P P N P
outside storage)
21. Financial Institutions with P N P N
drive thru
22. Florists' shops P P P P
23. Food stores, supermarkets, P P N P
drug stores
24. Furniture stores P P N N
25. Gasoline service stations C N N C
26. Hardware stores:
a. > 10,000 square reet P N N P
b. < 10,000 square reet P P N P
27. Hobby shops P P PIN N
28. Hotels and motels (and P N P N
accessory uses, including
restaurant, bar, shops)
29. Janitorial services/supplies P N N P
30. Jewelry stores P P P P
31. Junior department,
department stores, discount
and membership department
stores.
a. > 50,000 square reet P N PIN N P
b. < 50,000 square reet P P PIN N P
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EastLake II SPA Plans
Land Use District
Land Use VC-l VC-la VC-2 VC-3 ~
32. Kiosks, and moveable e e e e e
vendors, including photo
sales, located in parking lot
33. Liquor stores e C N e N
34. Medical and dental offices, P P P P P
clinics
36. Motorcycle sales and A N N A N
services including motorized
bicycles
a. Show room only, A P N A N
without service
37. Newspaper and magazine P P a P N
stores
35. Mortuaries N N N N N
38. Nurseries and garden supply P P N P N
stores in screened area
39. Office suites, general P P P P P
40. Office supplies/stationery P P P P P
stores
41. Parking facilities N N e e e
(commercial)
42. Pharmacies P P P P P
43. Photocopying services P P P P P
44. Printing shops P P P P P
45. Recycling drop-off bins A N N A N
46. Retail stores and shops P P PIN P P
47. Sign painting shops (encl. P N N P N
bldg.)
48. Stamp and coin shops P P PIN P P
49. Swimming pool supplies P P PIN P P
50. Television, stereo and radio P P PIN P P
stores including sales and
repair
51. Theaters A A N N N
52. Tire sales and services A N N A N
53. Travel agencies P P P P P
54. Veterinary offices and A Al C A e
animal hospitals
1. Overnight animal boarding
for non-medical purposes is
prohibited.
08/23/05 IIl-4 EastLake II SPA Plans
R~'Vi"edllrO 110'1
Land Use District
Land Use VC-l VC-la VC-2 VC-3
C. Public and Semi-Public Uses
1. Day nurseries, day care A A A A A
schools (subject to
provisions of the Municipal
Code)
2. Convalescent homes and C N N C N
hospitals
3. Clubs and lodges including A N N N N
YMCA, YWCA and similar
youth group uses
4. Libraries P P N P N
5. Educational institutions C C C C C
6. Hospital, medical care N N N N N
facilities
7. Post office P P N P N
8. Religious institutions N N C N N
9. Group care facilities and C C N C N
residential retirement hotels
ro. Utilities, public and private P N N P N
II. Uses determined to be C PI C C C
similar and consistent with
the purposes of this chapter
D. Accessorv Uses
1. Accessory structures and P P P P P
uses located on the same site
as a permitted use
2. Accessory structures and A A A A A
uses located on the same site
as a conditional use
E. T emoorarv Uses
1. Temporary uses as P P P P P
prescribed in Section VI.O
I!The VC-4 is a "Project Specific Land Use," district intended only to accommodate an approximately
98,500 square-foot KoW's department store substantially similar retail operation as Kohl's store located in
Temecula, California store (31870 RedhawkParkway, Temecula California 92592),16,800 square feet for
retail shops and restaurants. The Project Specific Land Use District will be in effect only until July 15,
2006 unless the following two requirements are met:
I) commence construction of the Kohl's department store no later than July 15, 2005. For purposes
of this land use designation, "commence construction" means the date of commencement
contained within a contract for the construction of the Kohl's building and related site
improvements which has been entered into by KoW's Department Stores; and
2) KoW's department store is open for business no later than July 15,2006.
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EastLake II SPA Plans
In the event that Kohl's has not commenced construction by July 15,2005, the VC-4 "project specific land
use" designation will revert back to VC-2 land use district. Furthermore, in the event that the Kohl's
department store is not open for business by July IS, 2006, the VC-4 "project specific land use" designation
will revert back to VC-2 land use district.
reduction.
ffe'i'lliitteCl
t.and uSe
~
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~
~
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.-
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Re'Sli-&rlll'lt
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III-6
EastLake II SPA Plans
111.2 Property Development Standards: Village Center Districts
The property development standards that shall apply to all land and buildings permitted in the Village Center
Districts shall be those indicated on an approved site plan submitted pursuant to Section 19.14.420 through Section
19.14.480 inclusive in Title 19 of the Chula Vista Municipal Code.
The following property devel~~tandards apply to all land and buildings other than accessory buildings
authorized in vC-li!llll VC-2 ~ districts. Any legal lot maybe used as a building site.
A. General Requirements
The following requirements are minimums unless otherwise stated:
VC-l VC-2 Sic's
I. Setback from Otay Lakes RoacII 50 feet 50 feet ~I
2. Setback from Fenton Avenue"~ NA 20 feet 2:Oireet
3. Setback from SR-1251e 50 feet NA ll1'Jl
4. Setback from EastLake ParkwaYE 30 feet 30 feet N~
5. Building height, maximumlll 45 feet 45 feet a:l"1eet
~flll!llllll.llt~llIl~_
~el'}~lf4l'1'f!J1f~1
s measured from edge of curb may be modified with approval of DRC.
measured from right-of-way.
chitectural features may exceed height with Design Review Approval.
s measured from R/W. May be modified with Design Review Approval.
III.3 Performance Standards: Village Center Districts
A. Required front and street side yards shall be landscaped. Said landscaping shall consist predominantly of
plant materials except for necessary walks and drives. All planting and irrigation shall be in accordance
with the City's Landscape manual. All required landscaping shall be permanently maintained in a healthy
and thriving condition, free from weeds, trash and debris.
B. The noise level emanating from any commercial use or operation shall not exceed the standards established
in the Chula Vista Municipal Code.
C. All ground mounted mechanical equipment, including heating and air conditioning units and trash
receptacle areas, shall be completely screened from surrounding properties by use of a wall or fence, or
shall be enclosed within a building. No material or equipment so screened shall have a height greater than
that of the enclosing wall, fence or building. Structural and design plans for any screening required under
the provisions of this section shall be approved by the Director of Planning.
D. All roof appurtenances including, but not limited to, air conditioning units, and mechanical equipment shall
be shielded and architecturally screened from view from on-site parking areas, adjacent public streets and
residential uses within the Village Center.
E. Reciprocal ingress and egress, circulation and parking arrangements shall be required to facilitate the ease
of vehicular movement between adjoining properties.
F. Lighting. All light sources shall be shielded in such a manner that the light is directed away from streets or
adjoining properties. Illuminators should be integrated within the architecture of the building. The
intensity of light at the boundary of any Village Center District shall not exceed seventy-five (75) foot
lamberts from a source of reflected light.
G. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to
be exposed except where required by utility provider. Pad mounted transformers and/or meter box
locations shall be included in the site plan with an appropriate screening treatment.
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EastLake II SPA Plans
H. Except where otherwise approved on a site plan, outdoor storage and/or sales areas shall be entirely
enclosed by solid walls not less than six (6) feet in height to adequately screen outdoor storage areas.
Stored materials shall not be visible above the required walls.
I. Air Pollution. There shall be no emission on any site, for more than one minute in any hour, of air
contaminants which, at the emission point or within a reasonable distance of the emission point, are as dark
or darker in shade as that designated as No. I on the Ringelman Chart as published in the United States
Bureau of Mines Information Circular 7718.
J. Odor. No use shall be permitted which creates odor in such quantities as to be readily detectable beyond
the boundaries of the site.
K. Energy Conservation. Buildings should be located on the site to provide adjacent buildings adequate
sunlight for solar access when practical. Buildings should be designed to minimize energy consumption,
including but not necessarily limited to the following conservation measures:
Cogeneration;
South facing windows;
Eave coverage for windows;
Earth berming against exterior walls; and,
Deciduous shade trees.
L. Land Use Compatibility: Notwithstanding the range of uses permitted in the permitted use matrix, areas
designated VC-3 that are also designated as Public/Quasi-Public on the General Development Plan shall be
limited to those uses determined by the Zoning Administrator to be compatible with the Public/Quasi-
Public designation.
111.4 Permitted Uses: Commercial Districts
The matrix of land uses on the following pages indicates the relative permissive status using the following symbols:
"P" Permitted.
"C" Permitted subject to Conditional Use Permit approved by the Chula Vista
Planning Commission.
"A" al'~:'i Permitted subject to Conditional Use Permit by the Zoning Administrator.
"a" Pennitted Accessory Use to a Permitted or Conditional Use.
"N" Use Not Permitted.
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EastLake II SPA Plans
Land Use District
Land Use FC PA
A. Administrative and Professional Services P P
B. General Commercial Uses
1. Antique shops (no outdoor storage) P N
2. Apparel stores P N
3. Art, music and photographic studios and supply stores P N
4. Appliance stores and repair (no outdoor storage) P N
5. Arcades and electronic games (see Section VIA) C N
6. Athletic and health clubs C C
7. Automobile and/or truck services, sales, rental agencies; C N
8. Bakeries - retail p N
9. Barber and beauty shops P N
10. Bicycle shops, non-motorized P N
II. Blueprint and photocopy services P a
12. Book, gifts and stationery stores P N
13. Candy stores and confectioners P a
14. Car Wash subject to provisions of Section 19.58.060 CYMC C N
15. Catering establishments P N
16. Cleaners P N
17. Commercial recreation facilities not otherwise listed C N
18. Eating and drinking establishments:
a. Bars, nightclubs cabarets C N
b. Restaurants, coffee shops, delicatessens:
1) with alcoholic beverages and/or entertaimnent C N
2) without alcoholic beverage C a
c. Snack bars and refreshment stands contained within a P
building a
d. Fast food restaurants with drive-in or drive-through P N
19. Equipment rental (in enclosed building only) p N
20. Feed and tack stores (no outside storage) P N
21. Florists' shops P a
22. Food stores, supermarkets. drug stores P N
23. Furniture stores (<10,000 sf) p N
24. Gasoline service stations C N
25. Hardware stores (<10,000 sf) P N
26. Hobby shops P N
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R.~
Land Use
08/23/05
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27.
Hotels and motels (and accessory uses, including restaurant, bar,
shops)
Janitorial services/supplies
Jewelry stores
Junior department, department stores, discount and membership
department stores
Kiosks, and moveable vendors, including photo sales, located in
parking lot
Liquor stores (package, off-sale only)
Medical and dental offices, clinics
Mortuaries
Motorcycle sales and services including motorized bicycles
Newspaper and magazine stores
Nurseries and garden supply stores in screened area
Office suites, general
Office supplies/stationery stores
Parking facilities (commercial)
Pharmacies
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
Photocopying services
Printing shops
Recycling drop-off bins
Retail stores and shops
Retail distribution centers and manufacturer's outlets which
require extensive floor areas for the storage and display of
merchandise, and high volume, warehouse-type sale of goods
Stamp and coin shops
Swimming pool supplies
Television, stereo and radio stores including sales and repair
Theaters
47.
48.
49.
50.
51.
52
53.
54.
Tire sales and services
Travel agencies
Veterinary offices and animal hospitals
General offices, financial institutions, Real Estate offices,
institutional offices
55.
Any other retail business or service establishment supplying
commodities or performing services determined by the Planning
Commission to be of the same general character as the above
mentioned permitted retail businesses or service uses and open
during similar normal business hours
IIJ-lO
Land Use District
FC PA
P
P
P
P
C
C
P
C
p
P
C
P
P
C
P
p
P
C
P
P
P
P
p
C
C
p
C
P
p
N
N
N
N
N
N
P
N
N
a
N
P
a
c
a
a
a
N
N
N
N
N
N
N
N
P
N
P
N
EastLake II SPA Plans
Land Use District
Land Use
FC
PA
C. Public and Semi-Public Uses
I. Day nurseries, day care schools (subject to provisions of the C C
Municipal Code)
2. Convalescent homes and hospitals C N
3. Clubs and lodges including YMCA, YWCA and similar youth C C
group uses
4. Libraries C C
5. Educational institutions C C
6. Hospital, medical care facilities C C
7. Post office P P
8. Religions institutions C N
9. Group care facilities and residential retirement hotels C N
10. Utilities, public and private C C
II. Any other public or semi-public use determined by the Planning
Commission to be of the same general character as other uses C C
permitted by this section
D. Accessory Uses
I. Accessory structures and uses located on the same site as a P p
permitted or conditional use
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EastLake II SPA Plans
III.5 Property Development Standards: Commercial Districts
The following property development standards apply to all land and buildings other than accessory buildings
authorized in this district. Any legal lot may be used as a building site, except no building permit shall be issued for
any lot having a lot size less than 6,000 square feet. Each building site shall have a minimum 20 foot wide vehicular
access to the street.
A. General Requirements
The following requirements are minimums unless otherwise stated:
FC PA
1.
2.
3.
4.
5.
6.
1 ac:
1 ac:
Lot area, net
7.
8.
Lot width (in feet) 100 ISO
Lot depth (in feet) 150 150
Front yard setback (in feet) 20 25
Side yard setback each side (in feet) 10 10
Public street setback (in feet) 20 20
. Otay Lakes Road 20 20
. Olympic Parkway 75.. n/a
Rear yard setback (in feet) 10... 10...
Building height, maximum 45 feet 45 feet
* Map for condominium development does not need to meet lot area requirement. Minimum lot
area may be reduced to 10,000 sf for master planned building complexes, subject to approval of a
Site Plan. Such Site Plan shall be for a total site of no less than 60,000 sf.
.. As measured from edge of sidewalk/curb.
... Increase to 50 feet when abutting residential district.
Note: Minor deviations may be approved by the Zoning Administrator with Site Plan Approval.
I I I . 6 Performance Standards: Commercial Districts
A. Required front and street side yards shall be landscaped. Said landscaping shall consist predominantly of
plant materials except for necessary walks and drives. All planting and irrigation shall be in accordance
with the City's Landscape Manual. All required landscaping shall be permanently maintained in a healthy
and thriving condition, free from weeds, trash and debris.
B. The noise level emanating from any commercial use or operation shall not exceed the standards established
in the Chula Vista Municipal Code.
C. All ground mounted mechanical equipment, including heating and air conditioning units and trash
receptacle areas, shall be completely screened from surrounding properties by use of a wall or fence, or
shall be enclosed within a building. No material or equipment so screened shall have a height greater than
that of the enclosing wall, fence or building. Structural and design plans for any screening required under
the provisions of this section shall be approved by the Director of Planning.
D. All roof appurtenances including, but not limited to, air conditioning units, and mechanical equipment shall
be shielded and architecturally screened from view from on-site parking areas, adjacent public streets and
residential uses within the Village Center.
E. Reciprocal ingress and egress, circulation and parking arrangements shall be required to facilitate the ease
of vehicular movement between adjoining properties.
F. Lighting. All light sources shall be shielded in such a manner that the light is directed away from streets or
adjoining properties. Illuminators should be integrated within the architecture of the building. The
intensity of light at the boundary of any Commercial District shall not exceed seventy-five (75) foot
lamberts from a source of reflected light.
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EastLake II SPA Plans
G. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to
be exposed except where required by utility provider. Pad mounted transformers andlor meter box
locations shall be included in the site plan with an appropriate screening treatment.
H. Except where otherwise approved on a site plan, outdoor storage andlor sales areas shall be entirely
enclosed by solid walls not less than six (6) feet in height to adequately screen outdoor storage areas.
Stored materials shall not be visible above the required walls. Permanent outdoor sales areas shall be
screened to improve site aesthetics when viewed from a distance, but the screening materials are not
required to be solid or opaque, and may allow filtered close-range views of the materials for sale.
Screening materials and design shall be consistent with the architecture/materials of the adjacent building.
I. Air Pollution. There shall be no emission on any site, for more than one minute in any hour, of air
contaminants which, at the emission point or within a reasonable distance of the emission point, are as dark
or darker in shade as that designated as No. I on the Ringelman Chart as published in the United States
Bureau of Mines Information Circular 7718.
J. Odor. No use shall be permitted which creates odor in such quantities as to be readily detectable beyond
the boundaries of the site.
K. Energy Conservation. Buildings should be located on the site to provide adjacent buildings adequate
sunlight for solar access when practical. Buildings should be designed to minimize energy consumption,
including but not necessarily limited to the following conservation measures:
1. Cogeneration;
2. South facing windows;
3. Eave coverage for windows;
4. Earth berming against exterior walls; and,
5. Deciduous shade trees.
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EastLake II SPA Plans
SECTION IV.
BUSINESS CENTER DISTRICTS
IV. 0 Purpose
In addition to the objectives outlines in Section 1.0 (Purpose and Scope), the Business Center Districts are included
to provide for a quality working environment and to achieve a harmonious mixture of uses which might otherwise
be considered incompatible when located in close proximity. Activities are intended to promote employment
opportunities in manufacturing, service, research and development, engineering and wholesale trade. In addition,
the Business Center Districts are included to advance the following objectives:
To reserve appropriately located areas for industrial use and protect these areas from intrusion by
dwellings and other non-harmonious uses;
To protect residential and commercial uses from noise, odor, dust, smoke, light intrusion, truck
traffic and other objectionable influences and to prevent fIre, explosion, radiation and other
hazards incidental to certain industrial activities;
To promote sufficient open space around industrial structures to protect them from hazard and to
minimize the impact of industrial operations on nearby residential or commercial districts; and
To minimize traffic congestion and avoid overloading utilities by restricting construction of
buildings of excessive size in relation to the amount of land around them.
A. Business Center Manufacturing Park District (BC-I)
This district is intended as an area for modem industrial. research, and administrative facilities which can
meet high performance and development standarc'!I!!l~~~R:;'_~
~e~ifii~9ii
B. Business Center Manufacturing Service District (BC-2)
This district is intended as an area for light industrial and limited service commercial uses which can meet
high performance and development standards
C. Business Center Core District! (BC-3 ~
Th~ district~ intended as an area for modern light industrial, administrative and service uses as a
transition from the Village Center Commercial Districts and the BC-I & BC-2 Districtsl
The Business Center District areas (BC-I, BC-2, ~and BC-!!ID of the EastLake Business Center have
been included and constitute a portion of the High TechlBio Tech Zone, an area of the City ofChula Vista,
the territory of which is shown on the Land Use Districts exhibit, within which certain qualifying high
technology, bio-technical and bio-medical uses are encouraged to locate by providing to those businesses
economic and land use processing incentives.
IV.1 Permitted and Conditional Uses: Business Center Districts
The following uses shall be permitted uses where the symbol "P" appears and shall be permitted uses subject to a
Conditional Use Permit where the symbol "c" appears. Uses where the symbol "A" appears shall be subject to an
Administrative Review. Uses where the symbol "N" appears are not permitted. Uses where th~.. . b. 01 "a" appears
are only permitted as an accessory use to a basic permitted use. Uses where the symbol "A". ., .! appeari shall
be subject to an Administrative Design Review/Conditional Use Permit or Variance.
Land Use District
Land Use BC-I BC-2 BC-3 BC-4
A. Manufacturing
I. Manufacturing, compounding, assembly or treatment of pI C C C
articles or merchandise from the following previously
prepared typical materials such as canvas, cellophane,
cloth, cork, felt, fIber, fur, glass, leather, paper (no
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IV-I
EastLake II SPA Plans
Land Use District
Land Use BC-I BC-2 BC-3 BC-4
milling), precious or semi-precious stones or metals,
plaster, plastics, shells, textiles, tobacco, wood, and
yarns; novelty items (not including fIreworks or other .
explosive type items)
2. Electrical and related parts; electrical appliances, P C C C
motors and devices; radio, television, phonograph and
computers; electronic precision instruments; medical
and dental instruments; timing and measuring
instruments; audio machinery; visual machinery;
cosmetics, drugs, perfumes, toiletries and soap (not
including refIning or rendering of fat or oils)
3. Furniture upholstering P C C C
4. Rubber and metal stamp manufacturing P C C C
5. Laboratories; chemical C C C C
6. Laboratories; dental, electrical, optical, mechanical and P P P P
medical
7. Bottling plants P P P P
8. Cement products manufacturing N C N N
9. Pharmaceuticals; laboratories and manufacturing P P P P
B. Storage and Wholesale Trades
1. Mini-storage, public storage and storage warehouses C P N N
2. Moving and storage fInns C P N N
3. Building materials and lumber storage yards and/or N C N N
contractors' yards
4. Building equipment storage, sales, rentals N C N N
5. Automobile fleet storage C C N N
6. Trailer, truck, or bus terminal C C C .N
C. Services
1. Animal hospital or veterinary clinic and/or office P P P P
2. Automobile and/or truck services including but not N C N N
limited to: sales, rental agencies, body repair, painting
and car washes
3. Blueprinting and photocopying P P P P
4. Cleaning and dyeing plant N C C C
5. Distributors, showrooms and automobile offices pI P P P
6. Eating and drinking establishmentB;
a. Bars C C C C
b. Restaurants, coffee shops, delicatessens:
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EastLake II SPA Plans
Land Use District
Land Use BC-l BC-2 BC-3 BC-4
I) With alcoholic beverages C C C C
2) Without alcoholic beverages A A A A
c. Snack bars, take-out only; refreshment stands P P P P
within a building
d. Fast food restaurants with drive-in or C C N N
drive-through
7. Furniture sales, new and used (no outdoor sales or P P P P
display)~
8. Gasoline dispensing and/or automobile service station C C N N
9. Kennels N C N N
10. Heliports C C C C
11. Motels, hotels and convention centers C C C C
12. Newspaper publishing, printing, and distribution, P P P P
general printing and lithography .
13. Offices, businesses, medical, professional, real estate P P P P
and research
14. Retail commercial when in conjunction with a P P P P
permitted or conditional use
Commercial recreation facilities N N C C
Janitorial services/supplies N N C C
Medical facilities, offices, clinics, convalescent homes, N N C C
hospitals, group care, and similar related facilities.
D. High-Technology Uses ..
Research, development and manufacturing of advanced P P P P
technology products (such as but not limited to
systems, subsystems, components, peripherals and
accessories), inclusive of prototype and experimental
products, utilized in the fields of aerospace, avionics,
computers, electronics, advanced materials, defense
industries, communications, energy and environmental
systems, transportation, telecommunication,
optics/laser, fiberoptics, optoelectrics, video, imaging,
magnetics, oceanography, and other related fields.
E. Bio- Technical Uses
Research, development and manufacturing of health P P P P
care, food safety, nutrition, agriculture productivity
and industrial and environmental improvement
products, inclusive of prototype and experimental
products involving use of organic, chemical, and
biological processes.
F. Bio-Medical Uses
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IV-3
EastLake 11 SPA Plans
Land Use District
Land Use BC-l BC-2 BC-3 BC-4
Research, development and manufacturing of organic P P P P
drug delivery systems and diagnostic and therapeutic
products, inclusive of prototype and experimental
products, utilized in the field of medical care.
G. Public and Semi-Public Uses
1. Day nurseries, day care schools and nursery schools A A A A
2. Post offices and post office terminals A C C C
3. Public utility pumping stations, equipment building A A - A
and installation
4. Public utility service yards N C C C "
5. Educational institutions, libraries, public or private C C C C
including vocational schools
6. Clubs, Churches, and lodges, including YMCA, and C N ~ A
('..'
similar youth group uses.
H. Other
1. Uses determined to be similar and consistent with the C C C C
purpose of this chapter.
I. Accessory Uses
1. Accessory structures and uses located on the same lot P P P P
as permitted or conditional use
2 Incidental services for employees on a site occupied by P P P P
a permitted or conditional use, including day care,
recreational facilities, showers and locker rooms .
3. Watchman's or caretaker's living quarters only when A A A A
incidental to and on the same site as a permitted or
conditional use
J. Temporary Uses
1. Temporary uses as prescribed in Section VI.O P P C A
~8
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IV-4
EastLake II SPA Plans
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EastLake II SPA Plans
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The following property development standards apply to all land and buildings other than accessory buildings
authorized in this district. Any legal lot may be used as a building site, except no building permit shall be issued for
08/23105 IV -6 EastLake II SPA Plans
~...
any lot having a lot size less than 6,000 square feet. Each building site shall have a minimum 20 foot wide vehicular
access to the street.
A. General Reauirements
The following requirements are minimums unless otherwise stated:
1.
2.
3.
4.
Lot area, net.:!
Lot width (in feet)
Lot depth (in feet)
Front yard setback (in
feet)
Side yard setback each
side (in feet)
Public street setback
(in feet)
BC-I BC-2 BC-3
I ac~ 1 ac! 1 ac!'.1
100 150 150
150 150 150
20 25 25
10 15 15
20 20 20
109 lOft fi
lOS'IJ'z
B~
.
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:z~
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60Jeet ~J~,~ ~Zl:i~
35 feet or 2
stories,
whichever is
less.
60
35 feet or 2
stories,
whichever is
!3111tC.
less~
70
70 1m
IV-7
-Map for condominium development does not need to meet lot area requirement. Minimum
lot area may be reduced to 10,000 sf for master planned building complexes, subject to
approval of a Precise Plan. Such Precise Plan shall be for a total site of no less than 60,000 sf.
~,;-May be reduced to zero (0) with Site Plan approval for the purpose of this provision, lot
means the minimum lot width and depth specified in the above minimum property
development standards. Rear yard setback shall be a minimum of 20' along the northern
boundary of the Business Center II SPA abutting Rolling Hills Ranch.
~t Height limit for buildings on lots within Business Center II, that are not adjacent to the external
boundary of the Business Center II SPA, may be considered to be increased subject to
subsequent environmental analysis of the project specific Design Review application. For the
purpose of this provision, "lot" means the minimum lot width and depth specified in the above
minimum property development standards.
'~Additional building height, up to 60', may be approved with Design Review approval, and must
be consistent with the Design Guidelines established for this planning area.
'Ref't' ""'
jj'
5.
6.
7.
Rear yard setback (in
feet)~
Building height,
maximumm
8.
9.
Lot coverage (percent,
net)
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EastLake II SPA Plans
B. Special Requirements
I. Along all street frontages situated across from any residentially zoned property, a minimum three
foot high landscaped earthen berm shall be constructed. long all other lot lines adjacent to
residential districts, a maximum eight (8) foot high wall may be constructed if required following
Director of Planning review. Fences should blend in with the site's architecture.
2. Streetscapes shall be enhanced to provide an easy transition from the street to the building. Patios,
circulation and parking spaces can be included in setback areas to help buffer adjoining parcels
from one another.
3. Reciprocal ingress and egress, circulation and parking arrangements shall be required where
possible and feasible to facilitate vehicular movement between adjoining properties and to limit
superfluous driveways.
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EastLake II SPA Plans
m8)i~!J1!lm!lt"mJ!llJl~ltfml!m:ll!1.lll.fml
A. In all Business Center Districts the required setbacks shall be landscaped. Landscaping shall consist
predominantly of plant materials and shall be irrigated by automatic sprinklers. All planting and irrigation
shall be in accordance with the City's Landscape Manual. All landscaping shall be pennanently maintained
in a clean, healthy and thriving condition, free of weeds, trash and debris.
B. All ground mounted mechanical equipment, including heating and air conditioning units and trash
receptacle areas, shall be completely screened from surrounding properties by use of a parapet, wall or
fence, or shall be enclosed within a building. Exposed gutters, downspouts, vents, louvers and other similar
elements shall be painted to match the surface to which they are attached unless they are used as part of the
design theme.
C. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to
be exposed except where required by utility provider. Pad-mounted lransfonners and/or meter box
locations shall be included in the site plan with an appropriate screening treatment.
D. Lighting. All light sources shall be shielded in such a manner that the light is directed away from streets
and adjoining properties. Illuminators shall be integrated within the architecture of the building. The
intensity of the light at the boundary of any Business Center District shall not exceed seventy-five (75) foot
lamberts from a source of reflected light.
E. Electrical Disturbance, Heat and Cold, Glare. No use except a temporary construction operation shall be
pennitted which creates changes in temperature or direct glare, detectable by the human senses without the
aid of instruments, beyond the boundaries of the site. No use shall be permitted which creates electrical
disturbances that affect the operation of any equipment beyond the boundary of the site.
F. Fire and Explosive Hazard. All uses involving inflammable and explosive materials shall be subject to
initial and continued compliance with all applicable State regulations contained in the California Code of
Regulations and the Unifonn Fire Code.
G. Noise. The acceptable outdoor noise exposure levels, measured at the property line, for the Business
Center districts are given in the following table. (See amended Chapter 19.66 CYMC for definitions and
additional details.)
Exterior Noise Limits.
Receivine: LaI1d Use [)is~ct
BC-I, BC-2, i!f6 BC-3 &:'B~
'Environmental Noise - Leg in any hour
-Nuisance N oisc ~ not exceeded at any time
H. Odor. Any use involving the creation or emission of odorous gases or other odorous matter shall be subject
to initial and continuous compliance with all applicable County regulations including, but not limited to
Rule 51 of the San Diego County Air Pollution Control District (APCD) regulations.
10 p.m. -7 a.m.
70 dbA
I. Radioactivity. Any use involving radioactive materials shall be subject to initial and continued compliance
with all applicable State regulations including, but not limited to, Title 17 of the California Code of
Regulations and Unifonn Fire Code.
J. Vibration. No use except a temporary construction operation shall be permitted which generates inherent
and recurrent ground vibration perceptible, without instruments, at the boundary of the lot on which the use
is located.
K. In any Business Center District, the conversion of a project to condominium ownership shall meet all the
requirements of the zone to the maximum extent possible. Specific City Council waiver shall be required
where the zone requirements cannot be met.
L. Air Pollution. Emission of air contaminants shall be subject to initial and continued compliance with all
applicable County regulations including, but not limited to, Rule 50 of the San Diego County Air Pollution
Control District (APCD) regulations.
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EastLake II SPA Plans
M. Outdoor Storage Areas shall be entirely enclosed by solid walls not less than eight (8) feet in height to
adequately screen views from the external boundaries of the property.
N. Energy Conservation. Buildings shall be located on the site to provide adjacent buildings adequate sunlight
for solar aCCeSs when practical. Buildings should be designed to minimize energy consumption, including,
but not necessarily limited to the following conservation measures:
Cogeneration;
South facing windows;
Eave covering for windows;
Earth berming against exterior walls; and,
Deciduous shade trees.
O. Toxic Materials. Any use involving hazardous materials shall be subject to initial and continued
compliance with all applicable State regulations including, but not limited to, those contained in the
California Code of Regulations, State Health and Safety Codes, and the Uniform Fire Code.
P. Liquid or Solid Waste. The discharge or deposit of liquid or solid wastes shall be subject to the provisions
of Section 19.66.150 CYMC.
NOTE: With the exception of the Uniform Building Code and Uniform Fire Code, the above referenced State and
County regulations shall not be administered by City departments/agencies.
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EastLake II SPA Plans
SECTION V.
SPECIAL PURPOSE DISTRICTS
V. 0 Purpose
These districts are intended for general agriculture, open space, public and quasi-public uses. Only those additional
uses which are complementary to, and can exist in harmony with, open space are permitted. For the open space
districts, there is no lot size limitation and it is the intent that these districts may be applied to a portion of a lot
provided that the remainder of the lot meets the requirements for which it is zoned.
In addition to the objectives outlined in Subsection 1.0 (Purpose and Scope), the Open Space District is included in
the Planned Community District Regulations to achieve the following purposes:
To preserve open space for the conservation of natural resources;
Maintain the natural character of the land;
Provide for public/quasi-public and recreational uses;
Conserve areas of historic and community significance for the enjoyment of future generations;
Provide for private use ofland under limited development; and
Promote public health and safety.
V.l Permitted and Conditional Uses: Open Space Districts
The following uses shall be permitted uses where the symbol "P" appears and shall be permitted uses subject to a
Conditional Use Permit where the symbol "C" appears. Uses where the symbol "A" appears shall be subject to an
Administrative Review. Uses where the symbol "N" appears are not permitted.
Land Use OS-I OS-2 OS-3 OS-4 OS-5 OS-6 OS-7
Agriculture - Interim A A A A A A A
Arboreta (horticultural garden) A A A P A P P
Christmas tree sales A N A A A A A
Commercial equestrian facilities N N N N N N A
Conference facilities N N N N N C C
Field crops A N A A A N A
Fruit and vegetable stands N N C N A N A
Golf course/Country Club N N N N N P A
Health Club/Spa N N N P N P P
Heliport N N N N C C C
Hotel/MotellLodging facilities N N N N N C C
Incidental concessions N N N P P P P
Parks and recreation facilities P P P P P P P
Public and quasi-public uses C C A C P A A
Temporary tract signs and offices A A A A A A A
Tree farming A A A A A A A
Utilities (public and private) P P P P P P P
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EastLake II SPA Plans
V.2 Permitted and Conditional Uses: Quasi-Public Facilities (PQ),
The following uses shall be permitted uses where the symbol "P" appears and shall be permitted uses subject to a
Conditional Use Permit where the symbol "C" appears. Uses where the symbol "A" appears shall be subject to an
Administrative Review, Uses where the symbol "N" appears are not permitted. Uses where the symbol "a" appears
are only permitted as an accessory use to a basic permitted use.
Land Use B2
Agriculture - Interim A
Arboreta (horticultural garden) P
Christmas tree sales A
Church/Religious Institution P
Church related schools C
Club, lodge, fraternal organization A
Community Facility P
Crops, Field N
Fruit and vegetable stands C
Grading and Infrastructure Improvements P
Incidental Concessions A
Parks and Recreation Facilities P
Public and Quasi-public uses P
Temporary tract signs and offices A
Utilities (public and private) P
Senior Care and recreation P
Day Care Facilities a
Recreation, non-profit, such as ball fields' P
J'Subject to the requirements outlined in Section 19.48.040 (B) (6) (d) CVMC.
v. 3 Community Purpose Facilities (CPF) District Regulations
Lands designated "CPF" shall be subject to the applicable provisions in Title 19 of the Chula Vista Municipal Code
for "Community Purpose Facilities", including, but not limited to, Section 19.48.020 through 19.48.025.
Permitted and Conditional Uses: Community Purnose Facilities ICPF) Districts
The following uses shall be permitted uses where the symbol "P" appears and shall be permitted uses
subject to a Conditional Use Permit where the symbol "e" appears. Uses where the symbolltA" appears
shall be subject to an Administrative Review. Uses where the symbol "N" appears are not permitted. Uses
where the symbol "a" appears are only permitted as an accessory use to a basic permitted use.
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V-2
EastLake II SPA Plans
CPF
1. Boy Scouts, Girl Scouts and other similar organizations C
2. Social and human service activities, such as Alcoholics Anonymous C
3. Services for homeless C
4. Services for military personnel during the holidays C
5. Senior care and recreation C
6. Worship, spiritual growth and development, and teaching of family C
values
7. Day care facilities that are ancillary to any of the above C
8. Private schools that are ancillary to any of the above C
9. Interim uses, subject to the rmdings outlined in 19.48.025(E) C
10. Recreation facilities, such as ballfields, for non-profit organizations C
serving the local community, subject to the requirements outlined in
19.48.004 (B)(6)(d).
V. 4 Property Development Standards: Special Purpose Districts
A. The following regulations shall apply to the site of a Permitted or Conditional Use. The requirements are
minimum unless otherwise stated.
J. Density - Maximum Dwelling unit per legal lot 0
2. Lot width (in feet) None Required
3. Lot depth (in feet) None Required
4. Front yard setback (in feet) 20
5. Rear yard setback (in feet) 20
6. Side yard setback (in feet) each side 20/10
7. Building height 35 feet or two stories,
whichever is less
V. 5 Signs: Special Purpose Distriets
Signs approved as a component of a SPA Plan (or Comprehensive Sign Program) shall be permitted within open
space districts included within the SPA. Other signs shall be permitted only as provided in Section VII of these
regulations.
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V-3
EastLake II SPA Plans
SECTION VI.
SPECIAL USES AND CONDITIONS
The provisions of this ordinance shall apply to the uses and conditions hereinafter enumerated, Where this section
prescribes regulations more restrictive than the land use district in which a use or conditional use is permitted, the
provisions of this section shall apply,
VI.O Temporary Uses
The provisions of this Section shall be known as the Temporary Use Regulations and shall provide regulations for
the uses hereinafter enumerated. Where this Section prescribes regulations more restrictive than the zone in which a
use or conditional use is permitted, the provisions of this Section shall apply, Temporary uses are subject to
approval by the Director of Planning, except as noted,
A, T emporarv Uses Listed
1. Circuses, rodeos, parades or similar outdoor entertainment or enterprises, subject to not more than
five (5) calendar days of operation in any calendar year, Requests exceeding these limitations will
require the submittal and approval of a conditional use permit.
2, Christmas tree sales lots, Halloween pumpkin sales, and other holiday sales subject to not more
than forty (40) calendar days of site occupation and operation in any calendar year,
3. Subdivision sales offices, sales information centers, sales pavilions, and model home complexes
located within the subdivision, subject to the following minimum requirements:
a, Offices shall be no closer than one vacant lot to an existing dwelling unit not part of the
subdivision, trailers may be used for no more than ninety (90) calendar days or until such
time as the subdivision sales offices have been completed, whichever is less;
b, An AC paved parking lot shall be provided with sufficient parking spaces to
accommodate said use;
c, Offices shall be allowed for a maximum of four years;
d, Faithful performance bonding in an amount appropriate to guarantee removal and/or
conversion of the sales office and attendant facilities shall be required; and,
f. Other conditions that the Director of Planning deems pecessary to assure that the sales
office will not constitute a nuisance or be objectionable to the residential uses in the
neighborhood,
4, Outdoor art and craft shows and exhibits, subject to not more than three (3) calendar days of
operation or exhibition in any sixty (60) calendar day period,
5. Contractorsl offices and storage yards on the site of an active construction project.
6. Mobile home residences for security purposes on the site of an active construction project.
7, Outdoor display and sales located within commercially zoned properties not to exceed more than
five (5) calendar days in any sixty (60) calendar days and subject to appropriate conditions of the
Planning Department.
8, Seasonal retail sales of agricultural products (fruit and vegetable stands) for periods of less than
ninety (90) days, if said products are raised on the premises,
9, Temporary use of properly designed mobile trailer units for classrooms, offices, banks, etc" for
periods not to exceed ninety (90) days subject to Administrative Review, Requests for such uses
of more than ninety days duration shall require approval of a Conditional Use Permit by the
Planning Commission, Such units shall meet all necessary requirements of building, fire and
health codes,
10, For any agricultural and animal husbandry activity or project (4-H, FFA, or similar) conducted for
educational purposes or school credits, a permit may be granted in any district when the Director
of Planning determines that such use will not cause a public nuisance relative to sanitation and
health conditions,
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11. Charitable or school sponsored drop-off bins for recycling of cans, newspapers or similar items, or
for drop-off of clothes and small items. Bins shall be located in the parking lots of businesses or
other public or semi-public property on a temporary basis when written permission is granted by
the property or business owner. Said bins shall be kept in a neat and orderly manner.
12. Additional uses determined to be similar to the foregoing in the manner prescribed by Section 1.4
of these regulations.
B. Permits and Bonds
All temporary uses shall be subject to the issuance of a Temporary Use Permit by the Director of Planning
and other necessary permits and licenses, including but not limited to building permits, sign permits, and
solicitors or vending licenses. In the issuance of such a permit, the Director of Planning shall indicate the
permitted hours of operation and any other conditions, such as walls or fences and lighting, which are
deemed necessary to reduce possible detrimental effects to surrounding developments and to protect the
public health, safety and welfare. Prior to the issuance of a permit for a temporary use, except those listed
under C, F, G, K and L above, a cash deposit may be required to be deposited by the City. This cash
deposit shall be used to defray the costs of clean-up of the property by the City in the event the Permittee
fails to do same.
C. Extension or Modification of Limits
Upon written application, the Director of Planning may extend the time within which temporary uses may
be operated, or may modify the limitations under which sucb uses may be conducted if the Director of
Planning determines that such extension or modification is in accord with the purposes of the zoning
regulations.
D. Condition of Site Followin2 Temoorarv Usa2e
Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the
temporary use upon completion or removal of the use, and shall thereafter be used only in accord with the
provisions of the zoning regulations.
E. Fee
The application shall be accompanied by a fee established by the Master Fee Schedule to cover the cost of
processing the application prescribed in this section. This fee may be waived by the approving authority
for charitable groups that do not need any public services.
VI. 1 Home Occupations
A. Home occupations may be permitted only when in compliance with the conditions listed herein. A permit
must be issued by the Director of Planning prior to operation of such use. The fee shall be in accordance
with the Master Fee Schedule.
I. There shall be no stock in trade or exterior storage of materials in the conduct of a home
occupation.
2. A home occupation shall be conducted entirely within a dwelling; if in an attached or a detacbed
garage, it shall not impede the use of said garage for vehicle storage.
3. Electrical or mechanical equipment which creates visible or audible interference in radio or
television receivers or causes fluctuations in lint voltage outside the dwelling unit, shall be
prohibited.
4. Only the residents of the dwelling unit may be engaged in the home occupation.
5. There shall be no sale of goods on the premises.
6. The establishment and conduct of a home occupation shall not change the principal character or
use of the dwelling unit involved.
7. There shall be no signs other than those permitted by this ordinance.
8. The required residential off-street parking shall be maintained.
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9. A home occupation shall not create vehicular or pedestrian traffic in excess of that which is
normal for the land use district in which it is located.
10. No vehicles or trailers (including pick-up trucks and vans) or construction or other equipment,
except those normally incidental to residential use, shall be kept on the site.
VI . 2 Recreational Courts
Construction of recreation courts, including necessary fencing and lighting, may be permitted subject to
administrative review and a finding that adjacent properties will not be unduly affected.
Recreation courts shall meet the following minimum standards:
A. A maximum 20-foot high fence (measured from the finished grade of the court) shall be allowed. Fences
shall include a screening material which screens the court activity from off-site view and which improves
the appearance of the fence.
B. Setbacks for the court shall be:
Side yard: 10 feet
Rear yard: 10 feet
C. Maximum of eight (8) lights permitted, height not to exceed 22 feet. All lights and light fixtures shall be
certified by a qualified lighting engineer to:
1. Be designed, constructed, mounted and maintained such that, the light source is cut off when
viewed from any point five (5) feet above the ground measured at the lot line.
2. Be designed, constructed, mounted and maintained such that the maximum illumination intensity
measured at the wall of any residential building on abutting property shall not exceed 2 foot
candle above ambient levels.
3. Be used between 7:00 a.m. and 10:00 p.m.
D. The surface area of any recreational court shall be designed, painted, colored and/or textured to reduce the
reflection from any light incident thereon.
E. Landscaping shall be installed as required between the fence and the property line.
VI.3 Kennels - Commercial and Non-commercial
The following regulations are established for operation and maintenance of commercial and non-commercial
kennels in the Manufacturing Service Land Use Districts pursuant to Section IV.I.C.9.
A. Animal runs shall meet the following minimums:
1. Minimum sizes:
3'0" x s'on for small size animals
3'0" X 9'on for medium size animals
9'on x 9'0" for large size animals
2. Animal runs shall be constructed and/or coated with non-porous material to discourage the
breeding of ticks and other similar pests.
3. All animal runs and animal holding areas shall have concrete or other durable flooring sloped for
proper drainage.
4. All animal runs shall be provided with adequate enclosures to provide protection from inclement
weather.
5. All animal runs shall be provided with drains sufficient to control drainage and daily washing of
the runs.
6. All animal runs shall be washed down daily to control odor, flies and the breeding of ticks, fleas,
bacteria and other similar pests.
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B. All kennels shall be served by sewer and/or all excrement produced by said kenneled animals shall be
dispersed on a regular basis so as to control flies and odor, or stored in an enclosed container and dispersed
on a regular basis.
C. All noise shall be sound attenuated so that the noise level measured at the property line is within the
ambient level for the land use district in which the site is located.
D. No animal runs, exercise areas or keeping of the kenneled animals for commercial and non-commercial
purposes shall be located within the required front, street side or side yards of the land use district in which
the site is located.
VI . 4 Arcades
A. In order to minimize adverse effects that arcades and electronic games may have on the neighborhood or
area in which it is located, the following regulations are established. Arcades may be permitted only in the
Village Center Commercial land use district subject to a conditional use permit and to the conditions listed
herein:
1. All such facilities shall provide parking with ingress and egress designed so as to minimize traffic
congestion; shall be not less than twenty feet away from any adjacent residential zone; and shall
show that adequate controls or measures will be taken to prevent offensive noise and vibration,
Should the Municipal Code be amended to provide additional regulation of these uses, such
amendments shall apply to arcade or similar uses within EastLake II.
2. The operation of four or less machines shall be permitted provided their operation is ancillary to
the use of the building and said use does not materially alter the principal use of such a building.
The operation of four or less machines where they are the principle use may be approved by the
Director of Planning where, in his judgment, the location does not constitute a traffic or safety
hazard to the public or abrogate the intent of the regulations contained in this section.
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SECTION VII.
COMPREHENSIVE SIGN REGULATIONS
VI I . 0 Purpose
The provisions of Sections VII.O through VII.3, inclusive, shall be known as the Comprehensive Sign Regulations.
It is the purpose of these provisions to establish a comprehensive system for the regulation of on-site and off-site
signs.
The City of Chula Vista recognizes the need for signs as a means to identify businesses within the community.
However, the City also recognizes that signing is an important design element of the physical environment.
Regulations consistent with the goals and objectives of the community are necessary to ensure that the character and
image the community is striving for can be attained.
It is the purpose of this chapter to make EastLake II attractive to residents, visitors, and commercial, industrial and
professional businesses while maintaining economic stability through an attractive signing program. Specifically,
the purposes of this chapter are to:
Protect the general public health, safety and welfare of the community;
Reduce possible traffic and safety hazards through good signing;
Direct persons to various activities and uses, in order to provide for maximum public convenience;
Provide a reasonable system of sign regulations, to ensure the development of a high quality visual
environment;
Encourage signs which are well designed and pleasing in appearance and to provide incentive and
latitude for variety, good design relationship to the business or use it identifies, and spacing
between signs and buildings;
Encourage a desirable urban character which has a minimum of clutter;
Enhance the economic value of the community and each area, business and use thereof, through
the regulation of such elements as size, number, location design and illumination of signs; and,
Encourage signs which are well located, and take in to account the service and usage of adjacent
areas.
VII.1 Permit Requirement and Review
A. Sign Permit Required
A sign permit shall be required in accordance with Section 19.60.030 of the Municipal Code for any sign
except as follows; provided, however, any signage in excess of the specific exemption listed below is
prohibited:
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I.
Permanent window sienaee not exceeding twelve (12) square feet per business frontage and
limited to the name of the business, service, or use, hours of operation, address and emergency
information, except exposed neon tubing signs advertising products for sale on the premises, are
permitted as permanent signs.
Temnorarv advertisine sieoaee painted on the window or constructed of paper, cloth, or similar
expendable material affIxed on the window, wall or building surface, provided that all of the
following conditions are met:
a. The total area of such signs shall not exceed twenty-five (25) percent of the window area;
however, in all cases, twelve (12) square feet per business frontage is permitted.
b. Such signs shall be affixed to the surface for no more than thirty (30) continuous calendar
days but for not more than sixty (60) days each calendar year, to promote a particular
event or sale of product or merchandise.
Real Estate Siens for Residential Sales: One (1) sign per street frontage not exceeding four (4)
square feet in area and five (5) feet in height, provided it is unlit and is removed within fifteen (15)
days after the close of escrow or the rental or lease has been accomplished. Signs placed on the
rear street frontage are prohibited. Open House signs not exceeding four (4) square feet in area
VII-I EastLake II SPA Plans
2.
3.
and five (5) feet in height are permitted for directing prospective buyers to property offered for
sale.
4. Political sil!ns: Political signs having to do with any issue, ballot measure, political statements and
expressions, or candidate in any Municipal, County, State or Federal election shall be permitted
subject to the following provisions and any other applicable provisions within this chapter.
a. Any person, party or group posting signs in the City shall abide by the provisions herein
set forth.
b. All political signs shall be placed, erected, constructed, painted or assembled, no earlier
than thirty (30) calendar days prior to the election and shall be removed no later than ten
(10) calendar days following the date of the election.
c. A political sign shall not exceed thirty-two (32) square feet in total area for one side;
double-faced signs shall not exceed thirty-two (32) square feet per side. No signs shall be
placed in a manner that would obstruct visibility of or impede pedestrian or vehicular
traffic, or to endanger the health, safety, or welfare of the community.
d. All political signs shall not exceed an overall height of eight (8) feet from the finished
grade immediately around the sign.
e. No political signs shall be lighted either directly or indirectly unless said sign is erected,
painted or constructed on an authorized structure already providing illumination.
f. No political sign shall be placed or affIXed to a traffic signal, street light, tree, fence,
utility pole or existing sign, nor shall be posted on any public property or in the public
right-of-way, if in the opinion of the Director of Planning, said sign impedes or renders
dangerous public access to any public improvement, including but not limited to utility
poles and fire hydrants; or obstructs the vision of any sign designed to regulate, control or
assist public or private transportation or obstructs the vision of any user of a public
right-of-way.
g. No political sign shall be posted in violation of any provisions of this chapter. Further,
the Director of Planning or his designee shall have the right to remove all signs placed
contrary to the provisions of this section. Any political sign placed on private property
without the consent of said private property owner may be removed by said owner or
representative of said owner.
5. Contractor or Construction Siens: For residential projects greater than four (4) dwelling units,
commercial and industrial projects, two (2) directory signs shall be permitted on the construction
site for all contractors (may include financial institutions, real estate agents, subcontractors, etc.)
not exceeding thirty-two (32) square feet each, unless legally required by government contracts to
be larger. No sign shall exceed eight (8) feet in overall height and shall be located no closer than
ten (10) feet to any property line. Such sign shall be removed upon the granting of occupancy by
the City. For all other projects, a total of two (2) signs per development site may be installed with
a maximum of four (4) square feet in area and five (5) feet in height for each sign. Such sign(s)
shall be removed upon finalization of building permits.
6. Future Tenant Identification Sien: Future tenant identification signs may be placed on vacant or
developing property to advertise the future use of an approved project on the property and where
information may be obtained. Such signs shall be limited to one (I) per fronting street and to a
maximum of ninety-six (96) square feet in area and twelve (12) feet in overall height each.
Further, such signs shall be placed no closer than ten (10) feet to any property line. Any such sign
shall be removed upon finalization of building permits. Where a project has in excess of 600
lineal feet of frontage, one additional sign for each 600 lineal feet is allowed.
7. Real Estate Siens for Sale of Commercial or Industrial Prooertv: One (1) sign per street frontage
not to exceed thirty-two (32) square feet in area to advertise the sale, lease or rent of such
property. No such sign shall exceed eight (8) feet in overall height and shall not be located within
the public right-of-way. Where a property has in excess of 600 lineal feet of frontage, one
additional sign for each 600 lineal feet is allowed.
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8. Interior sil!ns within a structure or building when not visible or readable, nor intended to be read
from off-site or from outside of the structure or building.
9. Identification siens for a business. service or use no greater than four (4) square feet in area may
be pennitted. Said signs shall not be visible from the public right-of-way, shall be attached to the
main building, shall be for pedestrian traffic, and shall not otherwise require a building permit.
10. Memorial tablets. olaaues. or directional sil2:ns for community historical resources, installed by a
City recognized Historical Society or civic organization.
11. Convenience siens and secondary directional sie:ns not exceeding four (4) square feet in area (see
SPA Plan).
12. Residential buildin2 identification si2ns used to identify individual residences and not exceeding
four (4) square feet in area.
13. One name clate per parcel not exceeding four (4) square feet in area for single family residential
uses and agricultural uses.
14. Official and le2al notices issued by any court, public body, person, or officer or in furtherance of
any nonjudicial process approved by state or local law.
15. Sie:ns orovidine: direction. waminQ:. or informational siims or structures required or authorized by
law or by Federal, State, County, or City authority.
16. A sin2le official fla2 of the United States of America and/or two (2) flags of either the State of
California or other states of the United States, counties, municipalities or official flags for nations,
and flags of internationally or nationally recognized organizations or the company flag. Flags
shall be a maximum of five (5) feet by eight (8) feet unless otherwise specifically approved on a
Site Plan.
17. Si2ns of public utilitv companies, indicating danger or which serve as an aid to public safety, or
which show locations of underground facilities or public telephones.
18. Safety siens on construction sites.
19. One 11) freestandin2 time and temperature si2n that conveys time and temperature only and not
exceeding twelve (12) square feet in area nor fifteen (IS) feet in height, or not higher than the
rooflioe, whichever is less, when combined with business identification in accordance with
Section VII.3, and counted toward sign area for the freestanding sign.
20. One (1) wall mounted time and temperature si2n that conveys time and temperature only not
exceeding twelve (12) square feet in area shown when combined with business identification in
accordance with Section VII.3, and counted toward sign area for the wall sign.
21. "No Tresoassinl!l1, "no parkingll, and similar warning signs not exceeding four (4) square feet.
22. Si2ns on public transportation vehicles regulated by a political subdivision, including but not
limited to buses and taxicabs.
23. Si2ns on licensed commercial vehicles, provided such vehicles are not used or intended for use as
portable signs or as may be prohibited in Section VII. LB.
24. A chan2e of copv conforming to an approved Comprehensive Sign Program. All other changes of
copy shall comply with Section VI!.I.
25. Incidental sil!ns for automobile reoair stores. l!asoline service stations. automobile dealers with
service repairs. motels and hotels, showing notices of services provided or required by law, trade
affiliations, credit cards accepted, and the like, attached to a freestanding sign, structure or
building; provided that all of the following conditions exist:
a. The signs number no more than four (4).
b. No such sign project beyond any property line.
c. No such sign shall exceed an area per face of four (4) square feet.
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EastLake II SPA Plans
26. CODY aonlied to fuel numns or disnensers by the manufacturer such as fuel identification, station
logo and other signs required by the law.
27. Agricultural sil11ls, either wall or freestanding types, non-illuminated, and not exceeding four (4)
square feet for lots two (2) acres or less and sixteen (I6) square feet for lots greater than two (2)
acres, identifying only the agricultural products grown on the premises. The number of such signs
shall be one (I) per street frontage or a maximum of two (2), with all signs to be located below the
roofline and freestanding signs to be no higher than eight (8) feet.
B. Prohibited Signs: All signs not expressly permitted are prohibited in all zones, including but not limited to
the following:
1. Roof signs.
2. Flashing signs (except time and temperature signs).
3. Animated signs (conveying the illusion of motion).
4. Revolving or rotating signs.
5. Vehicle signs (when parked or stored on property to identify a business or advertise a product).
6. Portable signs (except where permitted in this chapter).
7. Off-site signs (except temporary subdivision signs).
8. Signs within the public right-of-way (except those required by a governmental agency). No sign
shall be so placed, erected or constructed on a utility pole, traffic device, traffic sign, warning sign,
or so as to impede access to any public improvement, or to obstruct the vision of any such signs
except as may be permitted in Section VII.I.A4 of this Chapter.
9. Signs located on public property except as may be permitted in by Section VII.I.A4 of this
chapter or those required by a governmental agency.
10. Signs within the public right-of-way prohibited by the Streets and Highways Code (Sec. 101 et.
seq. and Sec. 1460 et. seq.), the Vehicle Code (Sec. 21400 et. seq.) and the Public Utilities Code
(Sec. 7538 et. seq.).
II. Signs blocking doors or fIre escapes.
12. Outside light bulb strings and exposed neon tubing outside of building (except for temporary uses
such as Christmas tree lots, carnivals and other similar events with prior approval of the City).
13. Banners, flags, pennants and balloons (except as permitted in Section VII.A16 and except for
special events as provided for in this chapter in Section VII.2.A3).
14. Inflatable advertising devices of a temporary nature, including hot air balloons (except for special
events as provided for in this Chapter in Section VII.2.A3).
IS. Advertising structures (except as otherwise permitted in this chapter).
16. Statuary (statues or sculptures) advertising products or logos of the business that are located
outside of the structure that houses the business.
17. The use of decals, stick-on or transfer letters, or tape on the walls or parapets of buildings, fences,
walls or other structures.
18. Readerboard/changeable copy signs, either electric or non-electric except as permitted in this
chapter.
19. Signs which purport to be or are an imitation or resemble offIcial traffIc warning devices or signs,
that by color, location or lighting may confuse or disorient vehicular or pedestrian traffIc. This
does not include traffIc or directional signs installed on private property to control on-site traffIc.
C. Shms Relatine to Inooerative Activities: Signs pertaining to activities or businesses which are no longer in
operation, except for temporary closures for repairs, alteration or similar situations, shall be removed from
the premises or the sign copy shall be removed within thirty (30) days afler the premises has been vacated.
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EastLake II SPA Plans
Any such sign not removed within the specified time shall constitute a nuisance and shall be subject to
removal under the provisions of this chapter and local ordinance.
D. Enforcement. Le~al Procedures. and Penalties: Enforcement, legal procedures and penalties shall be in
accordance with the enforcement procedures established by the Municipal Code. Unauthorized illegal
signs may be abated by the City in accordance with local ordinance. If said sign is stored by the City the
owner may recover said sign from the City upon payment to the City of any storage and/or removal charge
incurred by the City. The minimum charge shall be no less than three dollars ($3.00) per sign. All signs
removed by the City may be destroyed thirty (30) calendar days following removal. If any sign, in the
opinion of the Director of Planning, is an immediate threat to the public health and safety, said sign shall be
immediately and summarily removed with the cost of said removal charged to the property owner in
accordance with local ordinances.
E. Construction and Maintenance:
I. Construction: Every sign and all parts, portions, and materials shall be manufactured, assembled,
and erected in compliance with all applicable State, Federal, and City regulations an the Uniform
Building Code.
2. Maintenance: Every sign and all parts, portions, and materials shall be maintained and kept in
proper repair. The display surface of all signs shall be kept clean, neatly painted and free from
rust and corrosion. Any cracked or broken surfaces, and malfunctioning or damaged portions of a
sign shall be repaired or replaced within thirty (30) calendar days following notification of the
business by the City. Noncompliance with such a request will constitute a nuisance and will be
abated. Any maintenance, except a change of copy, which does not involve structural change, is
permitted.
VI I , 2 Sign Regulations
Sign permits may be issued for signs included under this section provided the signs are in compliance with all other
applicable laws and ordinances.
A. Siens Permitted in anv Land Use District:
The following signs may be permitted in any land use district. These signs are in addition to those signs
expressly permitted in each land use district and are subject to the provisions listed:
1. Convenience Siens: On-site signs no greater than six (6) square feet necessary for public
convenience or safety may be approved by the Director of Planning or his designee. Signs
containing information such as "entrance,11 tlexit,11 or directional arrows shall be designed to be
viewed from on-site or from an area adjacent to the site by pedestrians or motorists. Signs that
convey advertising or products shall not be considered a convenience sign.
2. Comprehensive Si~n Pro~ram for Commercial and Industrial Zones: A Comprehensive Sign
Program shall be developed for all commercial and industrial centers consisting of four (4) or
more tenant spaces. The purpose of the program shall be to integrate signs with building and
landscaping design into a unified architectural unit. This shall be achieved by:
a. Using the same background color on all signs.
b. Using not more than three (3) different colors for sign lettering.
c. Using the same type of cabinet supports, or method of mounting for signs of the same
type, or by using the same type of construction material for components, such as sign
copy, cabinets and supports, or by using dissimilar signing determined compatible by the
Director of Planning.
d. Using the same form of illumination for all signs, or by using varied forms of
illumination determined compatible by the Director of Planning .
e. Allowing the use of different colors for logos.
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EastLake II SPA Plans
3. Soecia! Event Signs: Special event signs may be approved for a limited period of time as a means
of publicizing special events such as grand openings, new management, inventory sales, Christmas
tree lots, parades, rodeos, and fairs that are to take place within EastLake II.
a. Communitv Soecial Events such as a rodeo or community fair may be permitted the
following signage:
(I) No more than four (4) off-site signs up to thirty-two (32) square feet and eight
(8) feet in height to publicize the event indicated above.
(2) Temporary advertising signing consistent with the requirements set forth in
Section VII.I.A.2.
b. Commercial Soecial Events such as grand openings, Christmas tree lots, painted seasonal
holiday window displays, and notice of new management may be permitted the following
signage:
(l) No more than one (I), thirty-two (32) square foot or smaller, eight (8) feet in
height, on-site, freestanding, special event sign.
(2) All other on-site special event signs can be either wall and window signs, flags,
banners and pennants. Inflatable advertising devices of a temporary nature may
be permitted. In no case shall any signage, flag, pennant, inflatable device or
banner be placed in a location not approved by the Director of Planning.
4. On-Site Subdivision Signs:
a. One (I) temporary, on-site subdivision sign not to exceed 64 square feet total area for two
(2) sides or 32 square feet for one (I) side and total overall height of twelve (12) feet may
be permitted on each Circulation Element street frontage of the property being
subdivided, not to exceed two (2) such signs for all phases of any subdivision; otherwise
a maximum of one (I) sign is permitted.
b. Such sign shall be for the identification of a subdivision, price information and the
developer's name, address and telephone number.
c. Such signs shall be removed within ten (10) calendar days from the date of the final sale
of the land andlor residences or within twenty-four (24) months, whichever comes first.
Extensions of twelve (12) months may be approved by the Director of Planning.
d. Signs shall be maintained in good repair at all times.
e. A cash deposit of three hundred dollars ($300) per sign shall be deposited with the sign
application to ensure compliance with this chapter and removal of such sign. Said
deposit shall be refunded to the applicant upon sign removal by the applicant. If the City
is forced to remove any signs, then the cost of removal shall be deducted from the
deposit.
5. Off-Site Subdivision Directional Sign:
a. A maximum of four (4) signs may be used to lead customers to the site.
b. Signs shall be made of panels which shall be no longer than seventy-two (72) inches by
twelve (12) inches each and shall be grouped on a single, double or four-sided kiosk.
Such structure shall contain no more than seven (7) panels per side nor exceed seven (7)
feet in height.
c. A sign kiosk shall be located not less than three hundred (300) feet from an existing
approved sign site. Further, each sign may only contain the name of the planned
community, subdivision, developer or development logo and a directional arrow.
d. The placement of each sign structure and its copy shall be reviewed and approved by the
Director of Planning prior to installation.
e.
All kiosks that are to be placed on private property shall be with prior written consent of
the property owner, to allow the City, in the event of noncompliance, to enter said
VII-6 EastLake II SPA Plans
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property and remove the sign. A copy of said consent shall be filed with the Department
of Planning prior to the acceptance of a sign permit application.
f. A kiosk location plan shall be prepared showing the site of each kiosk and shall be
submitted to and approved by the Director of Planning prior to the acceptance of a sign
permit application.
g. Any sign approved for a particular subdivision within EastLake II shall not be changed to
another subdivision without prior approval of the Director of Planning.
h. There shall be no addition, tag signs, streamers, devices, display boards, or appurtenances
added to the sign as originally approved. Further, no other directional signing may be
used as posters, portable signs, vehicle signs, trailer signs or temporary subdivision
(bootleg) signs.
I. All off-site subdivision signs not conforming to this ordinance shall be deemed a public
nuisance and removed prior to the program.
J. A three hundred dollar ($300) cash deposit shall be placed with the City to ensure
compliance with this chapter. Any sign placed contrary to the provisions of this chapter
may be removed by the City and the cost of removal shall be deducted from said deposit.
Additional costs incurred by the City resulting from the removal of illegal signs shall be
charged to the developer.
k. Said sign shall be allowed until the units within the subdivision are sold out, or for a
period of twenty-four (24) months, whichever occurs first. Extensions of twelve (12)
months may be approved by the Director of Planning.
VII.3 Sign Design Standards
Each sign shall be designed with the intent and purpose of complementing the architectural style of the main
building or buildings, or type of business on the site, and to the extent possible, signs located on commercial sites;
but in a predominantly residential area, shall take into consideration compatibility with the residential area.
A. Relationshio to Buildings: Signs located upon a lot with only one main building housing the use which the
sign identifies, shall be designed to be compatible with the predominant visual elements of the building,
such as construction materials, color, or other design details. Each sign located upon a lot with more than
one main building, such as a shopping center or other commercial or industrial area developed in
accordance with a common development plan, shall be designed to be compatible with predominant visual
design elements common or similar to all such buildiogs or the buildings occupied by the "main tenants" or
principal uses.
The Director of Planning may condition approval of any sign to require such visual elements to be
incorporated into the design of the sign where such element(s) is necessary to achieve a significant visual
relationship between the sign and building or buildings.
B. Relationshio to other signs: Where there is more than one (I) freestanding sign located upon a lot, all such
signs shall have designs which are complementary to each other by either similar treatment or incorporation
of one (I) or more of the following five (5) design elements:
I. Type of construction materials (such as cabinet, sign copy, supports);
2. Letter style of sign copy;
3. Type or method used for supports, uprights or structure on which sign is supported;
4. Sign cabinet or other configuration or sign area; or
5. Shape of entire sign and its several components.
C. Landscaoing; Each freestanding sign shall be located in a planted landscaped area which is of a shape,
design and size (equal to at least the maximum allowable sign area) that will provide a compatible setting
and ground definition to the sign. The planted landscaped area shall be maintained in a neat, healthy and
thriving condition.
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VII-7
EastLake II SPA Plans
D. Illumination and Motion: Signs shall be non-moving stationary structures (in all components) and
illumination, if any, shall be maintained by artificial light which is stationary and constant in intensity and
color at all times (non-flashing).
E. Sign Copv: The name of the business, use, serve and/or identifying logo shall be the dominant message on
the sign. The use of advertising information such as lists of products (more than one product), is
prohibited.
F. Relationship to Streets: Signs shall be designed so as not to obstruct any pedestrian, bicyclist or driver's
view of right-of-way.
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Revised 1111107
Vl1-8
EastLake 11 SPA Plans
SECTION VIII.
OFF-STREET PARKING
VIII.O
Purpose
All regulations set forth in this section are for the purpose of providing convenient off-street parking space for
vehicles. The parking requirements of this section are to be considered as the minimum necessary for such uses
permitted by the respective zone.
The intent of these regulations is to provide adequately designed parking areas with sufficient capacity and adequate
circulation to minimize traffic congestion and promote public safety. It shall be the responsibility of the developer,
owner or operator of the specific use to provide and maintain adequate off-street parking.
The provisions and standards set forth in this section apply primarily to non-residential uses. The standards for
residential uses are included in Section 11.3, Property Development Standards: Residential Districts.
VI:Ir .1 General Provisions
A. Off-street parking facilities, for both motor vehicles and bicycles, shall be provided for any new building
constructed, for any new use established, for any addition or enlargement of an existing building or use,
and for any change in the occupancy of an exiting building.
B. For additions or enlargement of any existing building or use, or any change of occupancy or manner of
operation that would increase the number of parking space required, the additional parking spaces shall be
required only for such addition, enlargement, or change and not for the entire building or use, unless
required as a condition of approval of a Conditional Use Permit.
C. The required parking facilities needed for any development shall be located on the same site, or if an
irrevocable access and/or parking easement is obtained, the parking may be on an adjacent site. Property
within the ultimate right-of-way of a street or highway shall not be used to provide required parking or
loading or unloading facilities.
D. The requirements of this ordinance shall apply to temporary as well as permanent uses.
E. All required off-street parking spaces shall be designed, located, constructed and maintained so as to be
fully usable during workday periods or as needed by the use of the premises.
F. Where the application of these schedules results in a fractional space then the fraction shall be rounded to
the higher whole number.
G. The parking requirement for uses not specifically listed in the matrix shall be determined by the approval
body for the proposed use on the basis of requirements for similar uses, and on any traffic engineering and
planning data that is appropriate to the establishment of a minimum requirement.
H. In the calculation of parking requirements for village centers, off-peak hour uses from the normal operating
hours of the center shall not be counted toward the parking requirement.
I. In situations where a combination of uses are developed on a site, parking shall be provided for each of the
uses on the site according to the schedule given in this section. Where residential and commercial uses are
mixed, reduced guest parking may be permitted by the Zoning Administrator in consideration of shared
parking with the commercial uses.
J. A maximum of 25 percent (1/4) of the parking spaces required on any site may be provided as "compact"
spaces for non-residential uses.
K. Tandem parking shall not qualify as required parking unless specifically approved by the Planning
Commission.
L. Required parking may be reduced by the Planning Commission with approval of a Conditional Use Permit.
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~
VIII-l
EastLake II SPA Plans
iB'e,
ar '.
Any use not sufficiently specified herein, as determined by the Director of Planning, or where the parking for a use
may require additional detail, the provisions of Title 19 of the Chula Vista Municipal Code relative to parking shall
be applied.
VIII. 2
Schedule of Off-street Parking Requirements
MINIMUM OFF-STREET PARKING REOUIRED
USE
A. Administrative and Professional Services
B. Shopping Centers and General Commercial
Uses except as noted below:
1.
Eating & drinking establishments
a.
Fast food restaurants with drive-in
or drive through.
b.
Planned Shopping Centers
Complexes (VC-I)
2.
Gasoline dispensing and/or automotive
services stations
3.
Appliance andlor furniture stores
4.
Hotels and motels
5.
6.
Auto and/or truck sales
Medical and dental offices or clinics,
veterinary offices or clinics
Conunercial recreation facilitiesf?,
7.
I space/300 square feet of gross floor area;
minimum of 4 spaces.
I space/200 square feet of gross floor area.
I space/each 2.5 seats or I space/50 square feet of
seating area where there are no ftxed seats.
I space/each 7 seats plus one (1) space per
employee. minimum 15 spaces and an on-site queue
line for at least eight (8) vehicles when drive
through is included.
5 spaces per 1000 square feet of building area for
all uses (outdoor garden areas and dining patios are
not required to provide additional parking).
2 spaces plus four (4) for each service bay.
I space/600 square feet of gross floor areaj
I space per unit plus I space for every 25 rooms or
portion thereof provided on the same lot.
1110 the car storage capacity of the facility.
I space/200 square feet of gross floor area;
minimum of 5 spaces.
a. Bowling alleys, billiard halls 5 spaces/alley plus 2 for each billiard table plus
required parking for other uses on the site.
':P8.ridJiJi'foi~~""~~Wiffi'e~!illm.v~fmH~~d&<irAt'~'lli!'11
soacell.1 00 ~~'I>),fffO~ flOtirlarea.
08/23/05
ReVised nWO?
-v."..;r,.sm
.
VIlI-2
EastLake II SPA Plans
b.
USE
Commercial stables
MINIMUM OFF-STREET PARKING REOUIRED
I spacel5 horses boarded on-site.
I spaceltee plus required parking for any other uses
on the site.
6 spaces/hole plus required parking for any other
uses on the site.
3 spaces/hole plus required parking for any other
uses on the site.
I spacellOO square feet of gross floor area.
3 spaceslcourt plus required parking for any other
uses on the site.
I space/3.5 seats.
I space/3.5 seats.
c.
Driving range (golf)
d.
Golf course (regulation)
e.
Miniature golf
f.
g.
Skating rinks
Tennis, handball, and racquetball
facilities
h. Theaters
(1) Motion picture
(2) Playhouse
1.
C. Public and Semi-Public Uses
Day nurseries, day care schools
2.
3.
1 spacelstaff member plus I spacel5 children or 1
spacell 0 children if adequate drop-off facilities
are provided. Drop-off facilities must be designed
to accommodate a continuous flow of passenger
vehicles to safely load and unload children. The
adequacy of drop-off facilities proposed shall be
determined by the Director of Planning.
homes I space/3 beds.
Convalescent andlor nursing
(congregate care facilities)
Hospitals
4. Educational institutions, private
Elementary and junior high school
5.
08/23/05
~GI
a.
b.
Senior high schools
Colleges and vocational schools
c.
Churches, convents, monasteries,
other religious institutions, and
other spaces of public assembly
Public Utilities
d.
1. 5 spaceslbed.
I space per employee plus 5 spaces.
I space per 4 students.
0.5 spacelfaculty member and employee plus I
space/3 students.
1 space/3.5 seats within the main auditorium or I
space/45 square feet of gross floor area within the
main auditorium where there are no fIxed seats.
To be determined by the Director of Planning.
VIII - 3
EastLake II SPA Plans
USE
MINIMUM OFF-STREET PARKING REOUlRED
D. Manufacturine: Uses
1. Manufacturing
I space per 1.5 employees or 1 space/800 square
feet of gross floor area devoted to manufacturing
plus the required parking for square footage
devoted to other uses, whichever is greater. Ten
(10) percent of the spaces provided must be
designed for use by carpools.
1 space/300 square feet of gross floor area. Ten
(10) percent of the spaces provided must be
designed for use by carpools.
I space/I ,000 square feet of gross area for the ftrst
20,000 square feet devoted to storage plus the
required parking for square footage devoted to
other use. 1 space/2,000 square feet for the
second 20,000 square feet. I space/4,000 square
feet for area in excess of 40,000 square feet.
E. Single Familv Residential and Multinle Familv Indicated in their respective land use districts.
Residential
2. Research and Development
3. Storage
1.
Senior Housing Projects
I space/bedroom (may be reduced by City
Council).
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ReVised 11/1/07
VIIl-4
EastLake II SPA Plans
F. Handicaooed Parkine Reauirements
Handicapped parking requirements are established by the State of California. The parking standards
contained in this section are identical to those established by the State. Any future change in the State
handicapped parking standards would preempt the requirements given in this section.
1. Handicapped parking for residential uses shall be provided at the rate of one space for each
dwelling unit that is designed for occupancy by the handicapped.
2. Handicapped parking spaces shall be provided for all uses other than residential at the following
rate:
Number of Automobile
Soaces Provided
1 -40
41 - 80
81 - 120
121 - 160
161 - 300
301 - 400
401 - 500
Over 500
Handicapped parking spaces required by this section
parking requirements.
G. Bicvcle Parking Reauirements
3.
Number of Handicapped
Soaces Reauired
I
2
3
4
5
6
7
7 + 1 for each
200 additional automobile
spaces provided
shall count toward fulfilling
automobile
The matrix below contains the minimum bicycle parking requirements. Only those uses identified in the
matrix are required to install bicycle parking. Bicycle parking facilities shall be stationary storage racks
or devices designed to secure the frame and wheel of the bicycle.
Use
1. Administrative and Professional Services over
20,000 square feet of gross floor area
2. Shopping centers with 50,000 square feet of
gross floor area
3. Eating and drinking establishments
a. Fast food restaurants, coffee shops,
delicatessens, etc.
4. Medical and dental offices or clinics, veterinary
offices or clinics
5. Commercial Recreation
6. Hospitals
7. Churches
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~JJlII\
VlII-5
Minimum
Bicvcle Parkine Recuired
5 spaces
1 space/33 automobile
parking spaces required
2 spaces
5 spaces
2 spaces
1 space/33 automobile
parking spaces required
4 spaces
4 spaces
EastLake II SPA Plans
H. Motorcvcle Off-Street Parking Reauirements
Motorcycle parking areas shall be provided for all uses, except residential, at the following rate:
1. Uses with 20 to 100 automobile parking spaces shall provide one designated area for use by
motorcycles.
2. Uses with more than 100 automobile parking spaces shall provide motorcycle parking areas at
the rate of one motorcycle parking area for every 100 automobile parking spaces provided.
VIII.3 Property Development Standards: Off-street Parking
The following property development standards shall apply to all land, buildings, and uses authorized by the Planned
Community District Regulations.
A. General Reauirements
The following are minimums unless otherwise stated:
1. Residential
a. Covered in a garage or carport: 10' x 20' each space
b. Uncovered: 9' x 18.5' each space
2. All others shall use Parking Table, on following page.
3. Motorcycle parking space: 4 feet by 8 feet.
4. Bicycle parking space: 2 feet by 6 feel.
5. Automobile, handicapped, motorcycle and bicycle: All parking stalls and maneuvering areas shall
be paved and permanently maintained with asphalt, concrete, or any other all-weather surfacing
approved by the Director of PI arming and subject to current city standards.
6. Striping and Identification
a. Automobile: All parking stalls shall be clearly outlined with double lines on the surface
of the parking facility.
b. Handicapped: All handicapped spaces shall be striped and marked according to the
applicable State standards.
c. Motorcycle: All motorcycle spaces shall have bollards installed and appropriately spaced
to prevent automobile usage of the motorcycle area. Motorcycle spaces shall be marked
so that they can be clearly identified for motorcycle usage.
d. Bicycle: All bicycle spaces shall be clearly identified.
B. Special Requirements
1. Any unused space resulting from the design of the parking area shall be used for landscaping
purposes.
2. All parking lot landscaped islands shall have a minimum inside dimension of four (4) feet and
shall contain a twelve (12) inch wide walk adjacent to parking stall and be separated from
vehicular areas by a six (6) inch high, six (6) inch wide Portland cement concrete curb.
3. All landscaping areas shall be irrigated automatically and kept in a healthy and thriving condition
free from weeds, debris and trash.
4. All parking facilities shall have lighting in accordance with the current City standards. The
lighting shall be designed and installed so as to confine direct rays to the site. Parking lot lights
shall be a maximum height of eighteen (18) feet from the finished grade of the parking surface and
directed away from the property lines.
5. All parking facilities shall be graded and drained so as to provide for the disposal of all surface
water on the site.
08/23/05
Revised ~ fi:urfl
VIII-6
EastLake II SPA Plans
6. In any R zone except RC and RM, the parking of motorized and non-motorized vehicles shall be
subject to the following requirements:
a. No motorized or non-motorized vehicle shall be parked, stored and kept in the front yard
except on land adjacent to the driveway or in the driveway.
b. If motorized or non-motorized vehicles are to be parked, stored, or kept on the lot, other than
as permitted in Ua." above, they must be for the personal use of the resident.
VIII.4 Performance Standards: Off-Street Parking
A. All parking facilities required by this ordinance shall be maintained in good operating condition for the
duration of the use requiring such facilities. Such facilities shall be used exclusively for the parking of
vehicles. The parking facilities shall not be used for the storage of merchandise, or for the storage or repair
of vehicles or equipment. Parking facilities shall not be used for the sale of merchandise, except 0 a
temporary basis pursuant to Section VI.O (Temporary Uses).
B. All shopping centers that use shopping carts shall provide convenient and safe on-site storage areas for the
shopping carts.
C. Handicap, motorcycle, and carpool parking areas, when required, shall be located within close proximity of
the entrance to the facility.
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VIII-7
EastLake II SPA Plans
A B C 0 E F G A B C 0 E F G
8'0- 8.0 12.0 23.0 21.3 .-
0' 8". 8.5 12.0 23.0 29.0 - 8'6' 20.7 18.5 9.8 5909 55.6
"0. 9.0 12.0 23.0 30.0 .. SO' 9'0- 21.0 18.0 10.4 60.0 55.5
,.,. 9.5 12.0 23.0 31.0 _. ,.,. ~:.~ 18.0 ::.~ ~~.~ ~::
10'0- 10.0 12.0 23.0 32.0 -. 10'0. lAD
8'0- 14.0 12.0 23.4 40.0 31.5
a". 14.5 12.0 24.' 41.0 32.0 "0. 21.0 19.0 '.6 6l.~ 57.'
20' "0. 15.0 12.0 26.3 42.0 32.5 1a- ,.,. 21.2 18.5 10.1 60.' 51.7
9". 15.5 12.0 27.8 43.0 33.1 10'0' 21.2 18.0 10.' 60.C 57.0
10'0- IS.' 12.0 29.2 43.8 33.4
S'O" "5 12.0 16.0 c5.0 37.1
S',- "., 12.0 11.0 C5.8 37.4 "0. 20.3 24.0 '.1 64.3 62.7
)0' "0. 17.3 12.0 18.0 4&.' 31.8 80' ,.,.. 20.4 24.0 '.6 6C.. 62.7
- "6" 11.8 12.0 1'.0 47.6 38.4 10'0' 20.5 24.0 10.2 65.0 6J 3
1010. IS 2 12.0 20.0 C8.4 38.1
8'&- 19.4 13.5 a.O 52.3 46.5 "0. 19.0 2C.0 '.0 62.0 ..
CS' "0- 19.8 13.0 12.7 52.5 4&.5 '0' "''- 19.0 2C.0 '.5 62.0 .-
"'- ~~. : :~.~ 13.C ~?~ 46.5 10'0. 19.0 2c.0 10.0 62.0 --
hn'n-- Ie I I.. .
Parking Table
....tn.
Std.
~
8'6-
"0.
Still Width.
\,OrmI).ct
j'6. . 0'40'
7'6" .. Cl'.60.
7'6' '61'-'0'
A.verage gross .re. f"e'quired for pining on.. en .t
dIfferent ,.,1..:
0' . 310 s..ft. 30'. 310 sq. ft. 60'. 260 s..ft.
10' . 350 sq. ft. CO'. 2BO .q.ft. 80'. 275 .q.ft.
20' . 400 sq. ft. SO'. 270 sq. ft. '0'. 275 sq. ft.
.Hote: Il ComplCt SPice 7.,. X 15' .. stand.rd.
b Add l' I. wIdth fo. ,II .toll.
IdJ.ce~t to any structures.
A ' Alll: IIIG ANGLE
B StAll WI01N
C STAll TO CURS
0 AISLE WIDTH
E CURS LEI/GTN PER CAR
F CURB TO CURB
G STAlL CEHTER
08/23/05
~<seail.ffrI07
VIII-8
EastLake II SPA Plans
SECTION IX.
ADMINISTRA nON
IX. 0 Purpose
The Land Use District Map and these Planned Community District Regulations shall be administered as provided
for herein.
IX. 1 Standard Procedures
A. General: The Administrative Procedures, Conditional Uses, and Variances, Chapter 19.14 of the Chula
Vista Municipal Code, shall be utilized as applicable to the administration of the Planned Community of
EastLake II.
B. High Tech/Bio Tech Zone: Notwithstanding the above provisions, the High Tech/Bio Tech Subcommittee
shall act in place of the Planning Commission and Design Review Committee on discretionary applications
for high technology, bio technical and bio medical projects located within the High Tech/Bio Tech Zone, as
described and establisbed by Ordinance No. 2621, in accordance with the authority vested in the High
Tech/Bio Tech Subcommittee by said ordinance.
C. Sectional Planning Areas (SPA) and Section Planning Areas Plans (SPA Plans). The administration of
SPA Plans shall be as provided for in Section 19.48.090 through Section 19.48.130 inclusive of the Chula
Vista Municipal Code, except that the Director of Planning may accept less detail or require additional
detail to suit the scope of the SPA.
IX. 2 Administrative Review
A. Purpose: Certain uses may vary greatly in its effect depending on the scope, location, or exact
circumstances. In order to avoid the permitting of these uses without any formal review, and to relieve the
Planning Commission and City Council of formally reviewing uses which have insignificant or compatible
effects, an Administrative Review is established.
B. Application: The Administrative Review is applicable to uses identified on the Permitted Use matrices
herein with the symbol" AU.
C. Procedures: The procedure shall be as specified in Section 19.14.030, Zoning Administration - Actions
authorized without public hearing, in the Chula Vista Municipal Code; except that in addition, the Zoning
Administrator may determine after reviewing the scope, location, or exact circumstances of the proposed
use that the formal hearing process of the Conditional Use Permit procedure is warranted. If the Zoning
Administrator makes the determination that a Conditional Use Permit is warranted, then the applicant shall
be required to comply with the Conditional Use Permit procedures as specified in Sections 19.14.060
through 19.14.110 inclusive in the Chula Vista Municipal Code.
IX. 3 Site Plan and Architectural Approval
A. Purpose: The purpose of site plan and architectural approval is to review proposed projects to determine
compliance with the provisions of those regulations and to promote orderly and harmonious development
with good design character.
B. Application: This approval process is applicable to projects within all districts except RE and RS districts,
where the Tentative Tract Map approval process may be used. Single family detached units on lots
exceeding 5,000 sf (including those in the RE or RS districts) may use the Tentative Map to satisfy the Site
Plan Review Requirement. Such single family units on lots larger than 5,000 sf may, at the discretion of
the developer, apply for Site Plan Review.
C. Procedures: The procedures shall be as specified in Section 19.14.420 through Section 19.14.480 inclusive.
IX. 4 Other Provisions
In the event that these regulations do not address any particular matter relevant to the proper development and use of
property within EastLake II, the provisions of Title 19 of the Chula Vista Municipal Code shall apply.
08/23/05
~
IX-l
EastLake II SPA Plans
H:IPDAT A\25102850IAdminlreports\AmendmentsIPCDlNovember 5 2007IPCD Regs Revised 12-10-07 dark
shade.doc 12/1 0/2007 6:29 PM
08/23/05
lfevfs&\~7
IX-2
EastLake II SPA Plans
DESIGN GUIDELINES
Design Guidelines
for EastLake Business Center II
Supplemental SPA
Approved November 16, 1999
by Resolution No.19666
Amended April 5, 2005
by Resolution No. 2999-102
Amended . 2007
B'V Resolution No.2007-XXX
2007 Amendment Prepared by:
RBF Consulting
9755 Clairemont Mesa Boulevard. Suite 100
San Diego, CA 92124
Contact: Dan Werv. AICP
(858) 614-5081
dwerv[a)rbf.com
Note: All ro osed revisions are shown in shadin and redline/strikeout format. Wordin to be
added is shown in under line and shading: wording to be deleted is shown in strikeem aile
shading.l
Prepared by:
Cinti Land Planning
2932 Poinsettia Drive
San Diego. California 92106
(619) 223-7408
Contact: Gary Cinti
email: garv(iilcinti.com
II.4.1
II.4.2
II.4.3
SECTION 11.4
DESIGN GUIDELINES
TABLE OF CONTENTS
Page
Introduction
IIA.l.l Purpose
I-I
Design Review Process
IIA.2. I Introduction
IIA.2.2 Design Review by Master Developer
II.4.2.3 City of ChuIa Vista Design Review
IIA.2A Zoning Administrator Design Review
IIA.2.5 Design Review Committee
II.4.2.6 Appeals
II-I
II- I
II-3
II-3
II-3
II-3
Business Center Design Guidelines
II.4.3. I Site Planning
-Planned Community District Regulations
-Site Planning
-Building Heights
-Circulation & Parking
-Service & Storage Areas
-Community Fencing
-Combined Wall and Fence Guidelines
-Fences and Walls
-Utilities, Antennae and Flagpoles
-Grading Standards
III-I
IIA.3.2 Architecture
-Building Massing
-Building Entries
-Colors and Materials
- T ex tures
-Equipment Screening
-Building Materials
-ArtISculpture
III-9
II.4.3.3 Lighting
-Safety/Security Lighting
_Architectural/Landscape Lighting
III-I 0
10-8-99
Revised 11-01-07
Page
1I.4.3.4 Sign Program
-Approval & Submittal
-General Standards
-Maintenance
-Illumination
-Hardware
-Prohibited Sign Types and Components
-Sign Criteria Summary
-Sign Types and Descriptions
111-11
1I.4.3.S Prohibited Sign Types and Components
1I.4.3.6 Sign Criteria Summary for Business Center
II 4.3.7 Sign Criteria for Design District Overlay
111-12
IlI-l3
IlI-29
IIAA
Landscape Design
1I.4.4.1 Purpose
1I.4.4.2 Landscape Concept
11.4.4.3 Landscaping Requirements
II. 4.4.4 Street Landscaping
11.4.4.5 Slope/Erosion Control
11.4.4.6 Landscape and Irrigation Standards
11.4.4.7 Landscape Maintenance
11.4.4.8 Special Master Landscape Plan
IV-l
IV-l
IV-6
IV-IO
IV-IO
IV-II
IV-l3
IV-18
II.4.5
Individual Lot Design Criteria
II.4.S.1 Individual Lot Criteria
1I.4.S.2 Organization of the Criteria
V-I
V-I
10-8-99
Revised 11-01-07
ii
LIST OF EXHIBITS
Page
Exhibit 1 Site Planning III-2
Exhibit 2 Parking Standards III-4
Exhibit 3 Fencing Types III-6
Exhibit 4 Combination Wall & Fence III-7
Exhibit S Building Mounted Sign III -13
Exhibit 6 Mounted Sign Letters III-14
Exhibit 7 Mounted Sign Letter Size III-IS
Exhibit 8 Freestanding Monument Sign III-l?
Exhibit 9 Signing Site Distance III-18
Exhibit 10 Sign Panels III-20
Exhibit 11 Sign Panels III-21
Exhibit 12 Entry Window Graphics III-23
Exhibit 13 Building Address Numbers III-2S
Exhibit 14 Construction/Leasing Sign III-27
Exhibit IS Vehicle Direction Sign III-28
Exhibit DD-a Sign Locations by Type III-31
Exhibit DD-b District Identification Monument - Sign Type "A" III-32
Exhibit DD-c District Entry Monument - Sign Type "B" III-33
Exhibit DD-d Tenant Identification Sign - Sign Type "C" III-34
Exhibit DD-e Project Directional Sign - Sign Type "D" III-3S
Exhibit DD-f Building Signs III-36
Exhibit 16 Scenic Highway Sketch IV-2
Exhibit 17 Entry Monument Sketch IV-3
10-8-99
Revised 11-01-07
iii
Exhibit 18 Thematic Corridor IV-4
Exhibit 19 General Landscape Plan IV-5
Exhibit 20 Business Center Trees IV-7
Exhibit 21 Landscape Intensity IV-9
Exhibit 22 Plant Material Matrix IV-14-17
Exhibit 23 Scope of Special Master Landscape Plan IV-18
Exhibit 24 Building Envelopes - Lots 1-6 V-2
Exhibit 25 Building Architecture - Lots 1-6 V-3
Exhibit 26 Building Envelopes - Lots 7-9 V-4
Exhibit 27 Building Architecture - Lots 7-9 V-4
Exhibit 28 Building Envelopes - Lots 12-16 V-S
Exhibit 29 Building Architecture - Lots 12-16 V-6
Exhibit 30 Key Map - Lot 1 V-7
Exhibit 31 Key Map - Lot 2 V-8
Exhibit 32 Key Map - Lot 3 V-9
Exhibit 33 Key Map - Lot 4 YolO
Exhibit 34 Key Map - Lot S V-ll
Exhibit 35 Key Map - Lot 6 V-12
Exhibit 36 Key Map - Lot 7 V-13
Exhibit 37 Key Map - Lot 8 V-14
Exhibit 38 Key Map - Lot 9 V-IS
Exhibit 39 Key Map - Lot 10 V-16
Exhibit 40 Key Map - Lot 11 V-17
Exhibit 41 Key Map - Lot 12 V-18
Exhibit 42 Key Map - Lot 13 V-19
Exhibit 43 Key Map - Lot 14 V-20
10-8-99 iv
Revised 11-01-07
Exhibit 44
Exhibit 45
10-8-99
Revised 11-01-07
Key Map - Lot 15
Key Map - Lot 16
V-21
V-22
v
11.4.1 Introduction
1I.4.1.1
Purpose
This document is a manual to guide the design of site plans, architecture, and landscape
architecture within the EastLake Business Center II Supplemental Sectional Planning Area
(SP A) of the EastLake Planned Community. It illustrates the master developer's philosophy and
commitment to a high quality, planned development program.
This manual includes design concepts to guide specific areas of consideration, but more
importantly it establishes design context within which each element is important to the success of
the entire program. Thus, the purpose of this manual is to ensure that all development within
EastLake Business Center II will maintain a high standard of design through consistency with
these published standards to which all project designers are expected to refer. The standards of
these guidelines are consistent with those established for previous development phases of the
EastLake Planned Community.
While it is the intention of the master developer to allow as much freedom as possible for
creative design expression at the parcel and individual project levels, it is sometimes mandatory
to precisely control the design of areas critical to the success of the overall community; locations
where only a limited number of solutions are acceptable. These situations are emphasized in
these guidelines.
These guidelines are intended to encourage tasteful, imaginative site planning and building
design while retaining a sense of homogeneity within the Business Center (I & II) as a whole.
Special emphasis has been placed upon methods that tend to reduce visual impacts of larger scale
buildings and that balance the elements of structure, landscaping and paving.
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1-1
I1A.2 DESIGN REVIEW PROCESS
II.4.2.1
The design review process includes two integrated procedures: I) design review and approval by
the master developer; and, 2) design review and approval by the City of Chula Vista. Essentially
the process requires the builder to formulate the design for his parcel review it with the master
developer and obtain its approval prior to formal design review application with the City. Refer
to the City of Chula Vista's Design Review process and procedures for additional detail.
II.4.2.2 Design Review by Master Developer
In order to ensure that these Business Center Design Guidelines are adhered to and
maintained, specific review and approval and enforcement procedures have been
established. Initial construction and development plans will be considered by the
EastLake Company Design Review Committee (ECDRC). Additional, future
improvements will be evaluated by the Architectural Review Committee of the EastLake
Business Center Owners' Association. These review committees will assure the integrity
of the business park by reviewing and approving all development proposals within the
EastLake Business Center. The committees will consider the level of conformance to the
intent and specific requirements of these guidelines and the adopted CC&R's, in addition
to all applicable statutes, codes, ordinances, or regulations of controlling governmental
jurisdictions.
All applicants shall submit four sets of accurate and complete plans to the appropriate
review committee for each plan submission stage. Each set shall include the necessary
architectural site plans, floor plans, exterior elevations or perspectives, and schematic
grading and landscaping plans to fu1ly describe the proposed improvements. In order to
facilitate design coordination between individual buildings, a1l architectural and
landscape plans for other Business Center projects will be available for review through
the committees.
Any changes or modifications to approved plans proposed during the initial construction
period sha1l be submitted to the EastLake Company for review and approval prior to
submittal to City or incorporation in building or site improvements.
Submittal Requirements for Master Developer Review
Schematic Master Plan Submittal
A Schematic Master Plan will be required only when ultimate site development occurs in
phases. Information sha1l include but is not limited to:
Gross and net acreage oflots
Building footprints and coverage
Number of stories and approximate square footage of buildings
Location of circulation roads and parking areas
Conceptual landscape design
Conceptual grading and drainage
Introduction
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II-!
Phasing Plan indicating the phasing of the ultimate Master Plan development
illustrating the extent of development at the completion of each phase
Preliminary Plan Submittal
A Preliminary Plan shall be submitted to the ECDRC, and obtain approval, prior to sub-
mission of plans to the City of Chula Vista. The Preliminary Plan, detailing specific
information about the site planning and architecture of the project shall be submitted and
approved by the ECDRC prior to submittal of construction documents to ECDRC.
Submittal shall include but is not limited to:
1.
10-8-99
2.
Site Plan
a. Gross and net acreage of lots
b. Building footprints and setbacks
c. Total building floor area
d. Site coverage (non-landscaped area/lot area)
e. Building coverage (footprint area/lot area)
Parking and Circulation
a. Location of interior circulation and parking areas (designate guest)
b. Dimensions oftypical parking stalls and parking aisles
c. Parking table (required vs. provided)
d. Pedestrian circulation
e. Location/design of trash enclosures
Grading and Drainage Plan
a. Existing contours and grades
b. Proposed finish grades, slopes and building pad elevations
c. Site drainage structures and systems
Landscape Plan
a. Plant materials, sizes and locations
b. Walkways and paved areas (specify type of materials)
c. Description of irrigation system
Architecture
a. Schematic floor plans
b. Schematic building elevations with materials and colors
c. Street e1evation(s)
d. Color and material board
Signage Plan
a. Sign copy and placement
3.
4.
5.
6.
1I-2
b. Elevations and sections
c. Colors and materials
d. Lighting details
Construction Documents
All applicants are required to submit two copies of the construction documents to the
ECDRC as well as the City of Chula Vista, for approval, in order to demonstrate the
precise construction details for implementing the approved Preliminary Plan.
Il.4.2.3 City of Chula Vista Design Review Process
The requirements of the City are fairly typical and are further detailed below, but each builder
should contact the City for current, specific requirements. As noted above, the approval from the
master developer should be obtained prior to formal review by the City.
Il.4.2.4 Zoning Administrator Design Review
The Zoning Administrator is authorized to consider and approve, disapprove or modify
applications on several subjects as provided in Section 19.14.030 of the Chula Vista Zoning
Code.
Il.4.2.5
Design Review Committee
The Design Review Committee (DRC) shall review all projects. The DRC shall base their
findings on the City's Design Manuals and these Design Guidelines. Refer to Sections 19.14.581
through 19.14.600 of the City's Zoning Ordinance for additional information.
Il.4.2.6 Appeals
An appeal to the Planning Commission on a decision of the Design Review Committee may be
filed within ten days after the decision as provided for in Section 19.14.583 of the City's Zoning
Ordinance.
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1I-3
Design ReviewAppraval by Master Developer
Preliminary Design ""eeting wit" The EostLake Componv
.
Dweloper R9Visw of Eadlake Compillny
~l'1d City .~lIidp.dinp.!; 1:. Ordinilt\r.p.fIl:
~~w.
Review Preliminary Desi~n Concept
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tlj'lldtlCi" , .'!1JIii:i ~JI!"'r'~ ~Pfi
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Up.!:ign HP-U'ip-w Cnmmittee
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Prelilnilll11ry City Review with
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.
Cit~ Design Ro\ic'I' frvccs$ Beglu
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10-8-99
JI-4
The EastLake Company
Design Review Process
Informal City Review
Formal City Design
Review Committee
Processing
11.4.3 BUSINESS CENTER DESIGN GUIDELINES
II.4.3.1 Site Planning
Planned Communitv District Regulations
Development standards for each land use area (i.e., permitted land uses, lot coverage,
height and bulk requirements, signs, etc.) are established in the EastLake PC District
Regulations which should be referenced for specific property development standards.
The following design guidelines supplement those requirements. Notwithstanding these
guidelines, compliance with the planned community district regulations and other
regulations of the City of Chula Vista or other authorized agencies shall take precedence.
Any aspect of development not addressed in the EastLake Business Center 11
Supplemental SPA Plan, EastLake 11 PC District Regulations, or these guidelines shall be
governed by the City of Chula Vista regulations.
Site Planning
The location and "footprint" of a structure on its lots is as important as the "design"
(appearance) of the building. Because of the variety of lot sizes and uses, special
attention must be paid to the location of each structure.
Office and commercial buildings should be arranged to make efficient use of the
site.
All site plans shall observe the setback standards described in the specific parcel
criteria herein.
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The following guidelines are intended to supplement the EastLake I SPA Plan and PC
Regulations and, if followed, should guarantee the development of a business park whose
occupants will have maximum opportunity for creative site planning and building design
while ensuring that the overall business park is homogenous and well maintained.
I. Coverage: Maximum building coverage shall not exceed 60% of the net lot area
on any lot.
2. Setbacks:
a.
All setbacks shall be measured from the property line which, on a street
frontage, is the same as the street right-of-way line.
III-I
Create enclaves of buildings and court-
yards; vary site topography and street
scenes,
Avoid rigid. repetitive, and monoto-
nOlls site layouts.
Exhibit 1
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Site Planning
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---------
NOT THIS
III-2
b. Landscape Setbacks: All landscape setbacks shall be improved,
predominantly with plant materials. Other improvements shall be limited
to service and access driveways, walkways, fences, walls and planters.
I) Front yard landscape setbacks: All front yard landscape setbacks
shall be 20 feet minimum. Where a lot abuts two public streets,
the Site Plan may designate a front yard and a comer side yard.
The landscape setback for a corner side yard shall be 10 feet
minimum. Unless otherwise approved on the Site Plan, the longest
street frontage shall be considered the front yard.
2) Side and rear yard landscape setbacks shall be 6 feet minimum,
except for corner side yards noted above.
3) Rear yard setbacks for lots abutting residential neighborhoods shall
be 10 feet from top of slope.
Building Heights
The maximum height of structures within the business park shall not exceed two stories,
or 35 feet, whichever is less. A provision that allows certain interior lots to be considered
for buildings above 35' is provided in the PC District Regulations.
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II1-3
Circulation and Parking
a. Textured andlor enhanced paving may
be used to accent driveways and building
entries or other significant areas.
d.
All parking stalls shall be clearly
outlined by stripes on the surface of the
parking facility.
Standard car size parking spaces shall
have a minimum size of 9 feet by 17.5
feet (with 1.5 foot overhang at front
curb).
Compact car size parking spaces shall
have a minimum size of 8 feet in width
and 13.5 feet in depth (with 1.5 foot
overhang at front curb). Compact car
parking spaces may comprise a
maximum of 25% of the total parking
space requirement providing said spaces
are controlled or appropriately marked to
ensure their utilization by compact cars.
Two-way private driveways shall have a
minimum width of 24 feet for per-
pendicular parking.
All parking facilities shall be lighted in
accordance with current City standards.
Lighting standards shall not be greater
than 18 feet in height.
10% of parking areas shall be
landscaped.
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10-8-99
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Landscaping
One eight foot wide landscape node shall be provided between every ten linear parking
spaces, for parking visible from streets. Variation in spacing is permitted in order to
allow landscape design to respond to each building and site plan. Design flexibility
should be used to create the appropriate balance (subject to approval) between landscape,
hardscape, site improvements and buildings. All tree wells shall include a 12" poured
concrete pad (in addition to the 6" curb) on every edge adjoining a parking space to
provide a step-out area for vehicle occupants.
Service and Storage Areas
a. All outdoor storage and sales yards shall be completely enclosed, screened from
public view by landscaping, wall, or fence, not less than eight feet in height,
constructed of material complementary to the building materials. Outdoor storage
includes material involved in fabrication, as well as, the parking of all company
owned or operated motor vehicles with the exception of regular passenger
vehicles. No chain link fences will be permitted without special approval of the
ECDRC.
b. No storage shall be permitted between the street and the building.
c. No loading shall be allowed which would be visible from Otay Lakes Road or
adjacent residential lots.
d. Streetside loading shall be allowed provided the loading dock is screened from all
adjacent streets.
e. All outdoor refuse collection areas shall be completely enclosed and screened
from view by a wall or fence constructed of materials which are complementary
to the building materials. All such areas shall have concrete floors and loading
pads, and shall be of sufficient size to contain all business generated refuse.
f. No refuse collection areas shall be permitted between street and the building.
Communitv Fencing
One of the most dominant visual elements of a community is its fencing. It is essential
for this element to be aesthetically pleasing and provide continuity in design to unify the
various architectural styles within individual neighborhoods into a single community
theme.
Although community fencing is not expected to be a significant element of the Business
Center II project, if it is used the following guidelines should be observed, particularly
along residential edges.
Fences and walls can serve many functions including security, identity, enclosure,
privacy, etc. However care must be exercised in the design of fencing in order to avoid
long, boring or awkward sections of fencing. It is intended that the available fencing
types be combined to attract interest and provide variety. Using a combination of open
10-8-99
II1-S
and solid styles, changing angles and directions is encouraged. Long straight runs of a
single fence style is monotonous and inappropriate.
The elevations ofthe EastLake Planned Community fencing program are sketched below.
These are to be used for all fencing indicted on the community Fencing Plan. Refer to
Exhibit 3a on page 6a.
The pilaster serves as the unifying design element among the different fence types and
will establish the theme for community fencing. Each type of fence serves a particular
purpose. The sound wall is a masonry wall intended to provide noise mitigation and
privacy. The solid theme wall is used where visual privacy is needed, but protection
from the noise of arterial highways is not important. This wall uses a pilaster similar to
the sound wall, but may use fence boards between. An open wall is used where a
physical barrier is needed, but a view needs to be preserved. Within EastLake, wrought
iron fencing between the theme pilasters is proposed as the open wall. Pilasters should be
provided at each property line intersection or at a typical spacing of approximately 200
feet.
Fencing Types
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10-8-99
I11-6
Exterior fences should be designed and placed according to the fonowing guidelines:
I. Walls should be made of a textured surface material that is compatible with the
design of the neighborhood area.
2. The monotony of a long wan should be broken by visual relief through
periodically recessing the wan or constructing pilasters.
3. Landscaping, such as trees, shrubs or vines, should be used to soften the
appearance of the wall.
4. Walls which serve as a subdivision exterior boundary should be up to six feet in
height from the highest finished grade.
S. Walls used as rear or side yard walls should be constructed up to six feet height
depending upon the conditions that exist.
6. Combined solid fencing, walls and open fencing may be used to create interest.
Masonry walls are required only where necessary for noise attenuation.
7. Fencing design should avoid long continuous runs. Jogging the fence line to
avoid monotony is encouraged.
8. Landscape planting should be used to supplement and soften fencing and
obscuring long lengths of fence with vines and shrubs is encouraged.
Combined Wall and Fence Guidelines
The combining of a conventional fence on top of a retaining wall can result in combined
wan height that is not desirable. The combining of walls is generally discouraged.
Where necessary, it shall be within the combined limits indicated in the sketch to the
below.
Combined Wall and Fence
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Exhibit 4
10-8-99
III-?
Fences and Walls
a. No fence or wall exceeding three feet in height shall be constructed within 20 feet
of the front (streetside) property line.
b. Walls and fences between buildings and the front property line are not allowed.
c. All fences and walls shall be an integral part of the building design concept and
shall be constructed of materials that are complementary to the building materials.
Textures and colors shall also be complementary.
Utilities. Antennae and Flagpoles
a. All exterior on-site utilities (gas, water and sewer lines; drainage systems;
electrical, telephone and communications wires and equipment, etc.) shall be
placed underground or properly screened.
b. On-site underground utilities shall be located so as to minimize disruption during
maintenance and repair.
c. No antenna or transmission or reception device which can be viewed from ground
level is permitted without specific approval of the ECDRC or EastLake's
Architectural Review Committee, as appropriate.
d. Temporary overhead power and telephone lines shall be permitted during
construction.
e. A maximum of three flagpoles may be permitted per lot. Any such flagpoles shall
be subject to the 35 foot maximum height limitation.
Grading Standards
Rather than create one large pad, the grading concept for the EastLake Business Center II
should provide separate pads for almost every lot. This reduces grading quantity and
height oflarge slopes, and produces smaller slopes which are more easily revegetated and
less obtrusive visually. Parcel grading should respect existing terrain and take into
account surrounding topography. Attention to thoughtful grading practices can do much
to enhance the aesthetic quality of EastLake Business Center. Grading within EastLake
Business Center is subject to Chapter 15.04 of the Chula Vista Municipal Code. The
following items are intended as guidelines to direct site grading:
a. Site grading should complement and reinforce the overall architectural and
landscape design character.
b. Finish grading in all landscaped areas should assure positive drainage away from
building floors and footings.
c. All buildings should be equipped with adequate roof drains, downspouts or other
drainage conveyances. All drain exits should deposit into storm drains or onto
hard surfaces. No roof drainage should be deposited into landscaped areas.
10-8-99
I1I-8
11.4.3.2
It is the objective of these guidelines to create a business park which is well planned and which is
compatible with the street scene. Each building, though expressing its own individuality shall
also be an integral part of the complete Business Center and must be designed accordingly.
Building Massing
a. All buildings are to be functional and contemporary.
b. Large-scale, uninterrupted walls facing a street shall be visually reduced to human
scale by:
Mature landscaping/mounding
Clustering small-scale elements such as planter walls around the major
form
Creation of horizontal shadow line
Landscaping terraces
Offset building planes and recessed areas
c. Radical theme structures which draw unnecessary attention to the building shall
not be acceptable.
d. Structures should be designed to create transitions in form and scale between
large buildings and adjacent smaller buildings.
Building Entries
a. Facilities entrance drive shall be readily observable.
b. Entry points to the building shall be incorporated into the design. The main entry
shall be readily identifiable and accessible.
Textures
a. Simple and uniform texture patterns are encouraged to enhance the architecture of
buildings.
b. Building should be designed with materials to complement landscaping materials.
Equipment Screening
a. All roof-mounted equipment shall be hidden from view with parapet walls or
screening. Screens shall be attractive in appearance and reflect or complement
the architecture and color of the building. Mechanical equipment shall not extend
above the enclosing wall or screen.
b. All exterior mechanical equipment which is visible from the upper floors of
adjacent buildings shall be kept to a minimum, shall be installed in an orderly,
Architecture
10-8-99
1II-9
compact manner, and shall be painted a color to blend with the adjacent
background.
c. Exterior mounted electrical equipment shall be mounted in a location where it is
screened from public view.
Building Materials
a. Materials shall be low maintenance.
b. Materials shall complement existing materials within the development.
c. Use of glass is encouraged.
e. Pre-engineered metal buildings are not permitted.
Art/Sculpture
Any art or sculpture placed within EastLake Business Center must be included in the
original plans approved for the project or subsequently approved by the ECDRC.
II.4.3.3 Lighting
Safetv/Securitv Lighting
1. Lighting shall be indirect and subtle. Overhead pole mounted down lighting is
encouraged. Light standards shall not exceed 18 feet in height.
2. Exterior pole lighting shall be High Pressure Sodium (HPS).
3. Lighting levels should emphasize walking areas so as to clearly identify the
pedestrian walkway and direction of travel.
4. Parking areas, access drives, and internal vehicular circulation areas shall have
sufficient illumination for safety and security. Lighting fixtures shall be a zero
cutoff. The parking lot illumination level shall achieve a uniformity ration of 3 to
1 (average to minimum) with a maintained average of I foot candle and a
minimum of 0.3 foot candle.
5. Outdoor pedestrian use areas (courtyards, entry ways, walkways, etc.) shall have
sufficient illumination for safety and security. Primary pedestrian use area light-
ing should achieve a uniformity ratio of 3.5 to I average illumination of 0.60 foot
candles and a minimum of 0.18 foot candles.
6. Service area lighting shall be contained within the service yard boundaries and
enclosure walls. No light spillover is allowed.
Architectural/Landscaping Li ghting
I. Lighting shall be indirect, such as soffit lighting, or incorporate a full cutoff shield
type fixture.
2. Architectural overhead down lighting, or interior illumination which spills outside
is encouraged. Said lighting should articulate and animate the building design.
10-8-99
II1-10
3. Exterior illumination to enhance building identity should respect and reinforce the
architectural treatment of the building. Patterns of light and fixture concealment
should be considered to avoid glare and intrusion onto adjacent properties.
4. Landscaping lighting shaH be subtle, indirect and should accentuate rather than
overpower landscape features.
5. Special lighting may be introduced at gateways and other key entries to indicate
entrances and identity.
11.4.3.4 Sign Program
The purpose of these sign guidelines is to provide the means for adequate identification of
buildings and businesses by regulating and controlling the design, location and maintenance of
aH tenant signs within EastLake Business Center II. In addition, the sign program is intended to
convey information to motorists and pedestrians that will simplify and clarify their movement
throughout the project.
The intent is to establish specific standards for all exterior signage that will ensure continuity,
consistency and harmony with the architecture. Each user/tenant is expected to establish and
maintain an "integrated" concept in the design of their signage. Signs and finishes shaH be
harmonious with the general character ofthe user/tenant's building.
Approval and Submittal
AH signs shaH be subject to the approval of the City Zoning Administrator prior to
instaHation.
All proposed exterior signs for each facility shaH be submitted to the ECDRC as
part of the Preliminary Plan submittal and shaH be consistent with this sign pro-
gram. Sufficient renderings indicating size, location, design, color, lighting and
materials shaH be submitted to the ECDRC for their review.
General Standards
Signs shaH be subtle, tasteful, imaginative, and an integral part of the building
design concept.
Signs shaH be for identification or instruction only; no advertising is aHowed.
Signs shaH require regular maintenance.
Maintenance
AH signs shaH be maintained in a neat and orderly fashion. Periodic inspections shall be
made by the EastLake Business Center Owners' Association. Prompt correction of any
deficiencies shaH be made by the entity responsible for the maintenance of said sign(s).
10-8-99
Ill-II
Illumination
Signs and logos visible from the exterior of any building may be internally illuminated,
but no signs shall be devised or constructed so as to rotate, gyrate, blink or move in any
animated manner.
Hardware
All attachments, devices, wiring, clips, transformers, lamps, tubes and other mechanisms
required for all signs shall be concealed.
11.4.3.5 Prohibited Sign Types and Components
Moving or rotating.
Moving or flashing lights.
Exposed ballast boxes or transformers.
Box or cabinet-type sign with transparent, translucent or luminous plastic
background panels.
Internally illuminated letters with transparent, translucent or luminous plastic
face.
Luminous vacuum formed plastic letters.
Cloth, paper or cardboard signs on exterior surfaces of the tenant building or lot.
Signs employing noise-making devices and components.
Signs with no returns and exposed fastenings.
Rooftop signs.
Post and panel-type signs (except temporary signs).
No sign, notice or other lettering shall be exhibited or affixed on any part of any
building except as specifically approved in writing by the EastLake Company.
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III-I 2
Specific sign types will be permitted only with designated building types, as described in the
Sign Criteria Summary matrix on the following page. Building type shall be determined by the
EastLake Company, which decision is final. Listed below are the building type definitions
utilized in the matrix.
Sign Criteria Summary for Business Center
II.4.3.6
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Exhibit 5
Building Mounted Signs
Only one tenant name per building permitted, utilizing metal reverse channel numbers.
Example illustrates the maximum height permitted for all cap letterforms.
Note: Refer to Section 11.4.3. 7 for Sign Criteria within the Design District Overlay area
10-8-99
!lI-\3
Mounted Signs
Fabricated letters have open backs (reverse channel) and may be either non-illuminated,
illuminated, exterior illuminated, back-lit, etc. Font style shall be selected which permit
readability without the need to oversize.
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10-8-99
II1-14
Building Mounted Signs
Maximum height for upper and lower case letterforms is 2'-7" from the top of ascending
letters to the bottom of descending letters.
Maximum height for all uppercase letterforms is 2'-0".
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10-8-99
Ill-IS
10-8-99
Sign Type 2 applies to all building types.
1) Sign type 2 shall be limited to identifying one major tenant or to
identifying a specific area, e.g., Gateway.
The copy shall be limited to the tenants' names and building address only.
b.
2)
3)
4)
5)
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7)
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9)
10)
The maximum height of all monument signs is 5'-0".
The maximum length of all monument signs is 10'-0".
The base or side supports of the sign shall incorporate a design element
that will "architecturally tie" it to the tenant building (Figure 4).
All graphics and identifying marks shall be within the limitations of the
sign face panel (Figure 4).
All sign background colors are to be neutral shades. Primary colors may
be used for tenant names and/or logos; however, colors must be
compatible with corporate colors and corporate identity.
If monument signs are to be illuminated, only ground lighting is permitted.
Signs are not to be placed in sight distance triangle (Figure 5).
One Sign Type 2 is allowed only at each building vehicular access point.
If on a corner lot, one additional Sign Type 2 is permitted at the corner. A
maximum of two signs of this type are permitted per project.
IlI-16
Example of Freestanding Monument Sign
Graphics and letterforms not to extend beyond sign face.
Spot lighting may be done by recessed, incandescent, adjustable angle fixtures.
Internally illuminated signs are not permitted.
Sign materials must be compatible with building materials.
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Exhibit 8
10-8-99
III-!?
Site Distance Triangle
Determination of traffic safety site triangle for City of Chula Vista and EastLake
Business Center.
Setbacks:
BC-I Zone: Front S.B.: 20'; Side S.B.: 20'
BC-2 Zone: Front S.B.: 25'; Side S.B.: 20'
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10-8.99
Ill-I 8
c. Sign Type 3 - Building Panel Signs
Sign Type 3 applies to Building Types A, D, E and G.
I) Sign Type 3 shall be limited to the identification of various tenants, each
having their own building entrance. There is a limit of one sign per tenant
regardless of the number of entries a tenant may have. For building type
"G", either Sign Type 3 or Sign Type 4 may be utilized but not both;
selection must be approved by ECDRC.
2) Signs to be positioned over tenant entry, centered if possible.
3) Signs to consist of an aluminum panel 10'-0" long, 2'-6" high, set 4" from
surface (Figure 6).
4) Maximum allowable area for graphics - 10'-0"long by 2'-0" high (Figure
6).
6)
7)
8)
Tenants may use their own logotype or symbol and colors; however,
colors must be compatible with corporate colors and corporate identity.
Background color on all Type 3 signs to be cool grey (PMS 441).
All Type 3 signs are non-illuminated.
No decorative elements such as borders are allowed.
5)
10-8-99
IIl-19
Building Mounted Panel Signs
Dotted line indicates the maximum allowable area for graphics - 10'-0" long by 2'-0"
wide. Graphics not to extend beyond this area.
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Exhibit 10
10-8-99
JII-20
Building Mounted Panel Signs
Centered over entry doors.
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Exhibit 11
10-8-99
III-21
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d. Sign Type 4 - Entry Window Graphics
Sign Type 4 addresses the general standards for all graphics placed on glass entry
windows. Sign Type 4 is limited to buildings with more than 2 entries. Sign
Type 4 specifically applies to Building Type G (note option listed under Sign
Type 3).
I) Sign Type 4 shall be limited to the name of the tenant and tenant's
business hours.
3)
Sign Type 4 may be placed either on entry door or windows to the left or
right of entry door (Figure 8).
Type style to be used is ITC Avant Garde Demibold, upper and lower
case, 2" cap height for tenant name and ITC Avant Garde, upper and lower
case, I" cap height for business hours, unless a different Type style is
integral with a trademark and/or logotype. Position is flush left (Figure 8).
Material is to be white vinyl die cut letters placed directly on glass. No
other colors or materials are allowed.
2)
4)
10-8-99
IlI-22
Entry Window Graphics
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Exhibit 12
10-8-99
I1I-23
e. Sign Type 5 - Building Address and Suite Numbers
Sign Type 5 addresses the general standards for all buildings in EastLake
Business Center. Sign Type 5 applies to all building types.
Addresses
1) Sign Type 5a shall be limited to the identification of the building address
number.
2) 18" height ITC Avant Garde Demibold.
3) Precision cut aluminum or bronze, opaque black or white acrylic numbers.
4) Numbers to be applied to the appropriate building face visible from the
street.
5) Non-illuminated.
Building Suite Numbers
4)
5)
Sign Type 5b shall be limited to building suite number identification.
Suite number must be displayed at both front and rear entrances.
2" height ITC Avant Garde Demibold, black or white acrylic or vinyl die
cut numbers.
Numbers to be applied above or to the right of the appropriate entrance.
Non-illuminated.
1)
2)
3)
10-8-99
III-24
Building Address Numbers
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Exhibit 13
10-8-99
III-25
f. Sign Type 6 - Construction/Leasing Sign
Sign Type 6 addresses the general standards for temporary leasing and
construction information, and applies to all building types.
1) Sign Type 6 shall be limited to one per building.
2) Overall size: 10'-0" high, 4'-0" wide (Figure 10).
3) Colors: PMS 441C light grey, PMS 447 dark grey (Figure 10).
10-8-99
IlI-26
Construction/Leasing Sign
Figure 10. Sign Type 6: Construction/leasing Sign
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Color: PMS 4.41
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10-8-99
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IlI-27
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g. Sign Type 7 - Vehicular Directional Sign
Sign Type 7 addresses the general standards for vehicular directional information
and may apply to all building types.
I) Copy should be limited to tenant, suite or address and any necessary
directional arrows.
2) Overall size: 2'-6" wide, 5'-0" high; copy area: 2'-6" by 2'-6".
3) Colors, materials and typefaces shall compliment existing SIgnS and
building architecture.
4) The ECDRC must approve appropriate application of any of these criteria.
Such decision shall be binding and final.
Vehicular Directional Sign
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Exhibit 15
10-8-99
1II-28
II 4.3.7 Sign Criteria for Design District Overlay D
The purpose of this section is to address some specific signs for the Design District, as
established in the EastLake II Planned Community District Regulations. Signs not
address in this section will be subject to the overall sign requirements for EastLake
Business Center II or the Chula Vista Municipal Code as applicable. Standards for signs,
that are not specified herein, shall be subject the Business Center II sign regulations.
The Design District will attract business and consumers of home improvement products
and services. In order to identify the location and efficiently guide the users to their
destination four types of signs are provided for herein. Additional, less dominant, signs
will be provided as part of the overall Design Review.
Exceptions to the sign standards herein may be approved by the Zoning Administrator,
subject to approval ofthe following findings:
That the sign is consistent with the general quality and character of the EastLake
Business Center II Planned Community;
That the sign provides a benefit to the viability of the Design District;
That the sign provides a benefit to the customers of the Design District;
And, That the sign is compatible with the character of the other signs in the
Design District and its surroundings.
Sign Locations: Exhibit DD-a, Sign Locations by Type, indicates the conceptual
locations of the four freestanding sign types. The exact locations will be established by
approval during Design Review. Additional typical tenant signs on the buildings are
shown on Exhibit DD-f, which are components of the overall building design, subject to
Design Review.
District Identification Monument - Sign Type "A": This sign is located at the base of the
slope bank at the intersection of Otay Lakes Road and Fenton Street. It is intended to
identify the district and the major tenants along this arterial highway. This maximum
dimensions and criteria are illustrated on Exhibit DD-b
Max. Size: Base- 30.0' W x 5.0' H; Vertical element - 15.0' W x 25.0' H
Tenant Panels: (8) 2.5' H xlO.O' W each
I\Iumination: Internally illuminated
District Entry Monument - Sign Type "B": This sign identifies the entry to the Home
Improvement District at the intersection of Fenton Street and Showroom Place to
efficiently guide customers to the district. The criteria for this sign is illustrated on
Exhibit DD-c.
Max. Size:
40.0' W x 9.0' H
I\Iumination: Internally illuminated
10-8-99
JIl-29
Tenant Identification Sign - Sign Type "C": This sign directs customers along Showroom
Place by indicating the location best entry to use for identified tenants. The criteria for
this sign is illustrated on Exhibit DD-d.
Max. Size: 6.0' W x 7.0' H
Illumination: Externally illuminated
Project Directional Sign - Sign Type "D": After entering the district from an entry drive,
this sign further directs a customer to the specific tenant location. The criteria for this
sign is illustrated on Exhibit DD-e.
Max. Size:
2.5' W x 5.0' H
Illumination: Non-illuminated
Tenant Sign on Tower Element (Refer to Exhibit DD-f). These are for the tower element
in the buildings and identify the primary tenant locations.
Max. Size: 20.0' W x 9' H
lllumination: Internally illuminated.
General Tenant Sign on Buildings (Refer to Exhibit DD-f). These are for individual
tenants storefronts within buildings.
Max. Size: 70% of storefront width.
lllumination: Internally illuminated.
10-8-99
III-3D
11.4.4 LANDSCAPE DESIGN
11.4.4.1 Purpose
The purpose of the General Landscape Concept is to establish the overall landscape treatment of
the project. Various entities will be responsible for the planning and implementation of land-
scape improvements; therefore, this plan will provide the guidance necessary to achieve a
visually compatible landscape.
The concept will provide a general design framework which allows latitude and flexibility to
each individual project while maintaining the overall goals and objectives of the community.
The landscape character of EastLake Business Center II will be created by the use of pre-selected
dominant plant materials and a selective plant palette. These plant materials have been
coordinated with other EastLake districts in accordance with the general landscape plan.
Landscape will reinforce the design patterns established by the land use plan. Since the Business
Center II project is an extension of the existing Business Center I development, the landscape
materials and patterns will be an extension of those previously established. Generally, trees and
landscape intensity zones will be used to establish distinct identity, visual continuity, order and
contrast.
11.4.4.2 Landscape Concept
The landscaping of the EastLake Business Center will create a serene, park-like setting for high
quality employment uses. Landscaped parkways, attractive entries, a central park facility and
coordinated site and slope plantings will create a distinctive controlled environment of visually
pleasing landscaping.
The basic landscape character will be created by the use of pre-selected, dominant accent and
parcel trees. These trees have been coordinated with the overall landscaping of the EastLake
Community so that the EastLake Business Center maintains its own distinctive identity.
The General Landscape Plan, Exhibit 9, provides a general design framework which allows
latitude and flexibility while maintaining the overall goals and objectives of the community. The
intent of the landscape concept is to reinforce the development pattern established by the Site
Utilization Plan. This pattern consists of the predominate employment development areas served
by a simple circulation/landscape corridor. Plant selection will follow that of the existing
Business Center to perpetuate distinct identities and visual continuity throughout the Business
Center as a whole. In addition, the thematic corridor and major thoroughfare have identified
dominant trees and landscape designs which will be continued.
10-8-99
IV-I
Additional elements in the Landscape Concept include:
. Arterial - Scenic Corridor: Otay Lakes Road is an existing arterial scenic
highway. The landscape improvements existing on the south side of this road
were developed with the EastLake Greens SPA. The landscape improvements on
the north side, to be developed with this SPA, shall reflect the character and
quality of those existing improvements to the south. Buildings shall be setback
75' from back of sidewalk along this corridor.
Scenic Highway
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10-8.99
IV-2
. District Entry: An entry sign and enhanced planting will be located at the
intersection of Otay Lakes Road and Fenton Street. The design character shall be
similar to the similar entry treatment at the intersection of Otay Lakes Road and
Lane Avenue.
Entry Monument
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10-8-99
IV-3
Thematic Corridor: The existing Thematic Corridor along Fenton Street shall continue
easterly to Otay Lake Road. Since this corridor does not connect to a dominant
neighborhood feature in Business Center II it will be a transition as a continuation of the
dominant tree theme in the corridor, but with a contiguous sidewalk.
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Residential Interface Buffer: The Business Center pads are above adjacent existing and future
residential development to the north and east. In both locations a dense landscape buffer will be
provided along the upper portions of the slope. Along the northern boundary with Rolling Hills
Ranch an additional building setback is provided. A solid fence shall be required adjacent to all
residential parcels. Refer also to Section 11.4.4.8, herein for Special Landscape Master Plan
criteria.
10-8-99
IV-4
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Note" 100/0 of all lots to be landscaped open space
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A pluned commuDlty by 1be EastLak~ CompUly
Exhibit 19
10-8-99
IV-S
11.4.4.3 Landscaping Requirements
The landscape concept of each specific site should be simple, with an emphasis on massing of
plant materials rather than sporadic, intermittent planting. Rolling berms and drought tolerant
trees, shrubs, and ground covers should be used to create a heavily landscaped setting and to
visually soften parking lots and other objectionable views. Preselected dominant and accent
trees should be utilized on the street frontages. A limited number of different plant materials
should be used. Each tree selected, for example, should fulfill a specific role in the landscape
(i.e., entry tree, parking lot tree, etc.). Lawn shall be kept to a minimum.
1. All development in the EastLake Business Center II shall be in compliance with the
Chula Vista Landscape Manual, adopted by Resolution No. 17735 in November 1994.
2. All landscaping shall be in conformance with the principles of the General Landscape
Plan. Landscape plans must be approved by the ECDRC.
3. Plant materials with invasive and shallow root systems and/or which create litter which
would stain paving or automobiles, or create a safety hazard should be avoided.
4. A general soil amendment program should be a part of the landscaping operation. This
should include soil tests by an approved agricultural soil laboratory to determine
corrective procedures.
5. Parking lots, service or storage areas, trash enclosures, etc., should be visually screened.
A 42 inch high landscape berm, wall, plant materials, or any combination thereof, shall
be used to screen parking lots from streets.
6. Off-site landscaping. Irrigation and landscaping at the street frontage should include the
area between the property line and the street sidewalk. These improvements and their
ongoing maintenance is the responsibility of the property owner, unless it is part of a
"common landscape area". The "common landscape area" shall be the responsibility of
the EastLake Business Center Association.
7. Site developer must plan to incorporate existing landscaped areas into their overall
landscape design and irrigation system.
8. The use of landscape related walls, planters, sculpture, enriched paving, etc. is
encouraged. The inclusion of such features may alleviate deficiencies in other
components of the overall landscape plan, subject to the determination of the ECDRC
and the City Landscape Architect.
9. Root barriers, special irrigation and adequate setbacks from improvements shall be
provided for trees that can damage public improvements.
The trees designated for the Business Center are:
Dominant trees - Platanus acerifolia and Pinus eldarica
Accent tree - Erythnia corralloidies
Parcel tree - select from the approved list
10-8-99
IV-6
10-8-99
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Dominant Tree
London Plane Tree
Platanus acerifolia
Exhibit 20
Dominant Tree
Mondell Pine
Pinus eldariC8
IV-7
Accent Tree
Naked Coral Tree
Etythrina cor81!oid~s
Trees shall be utilized in the following ratios:
On external streets (Otay Lakes Road):
80% Dominant trees
20% Accent trees
On internal streets:
50% Dominant trees
25% Accent trees
25% Parcel trees
On Thematic Corridor:
Populus species
To create a balanced landscape environment sensitive to maintenance and conservation concerns,
specific landscape intensity classifications have been established (refer to Landscape Intensity
Plan). These indicate the type of planting at a specific location or area. The classifications are
made based on maintenance and watering requirements. All landscape materials shall be tolerant
of reclaimed water used for irrigation.
I. Native Areas - These are existing vegetated areas undisturbed by construction operations.
Natural rainfall only is required for irrigation. Periodic cleanup and grubbing of seasonal
growth may be required.
2. Naturalized Areas - These are newly planted areas provided with temporary irrigation
systems. Once plants become established, they shall be capable of surviving with no
artificial irrigation.
3. Drought-Tolerant Areas - These are newly planted areas provided with permanent
irrigation systems. Water demand will be low, requiring substantially less irrigation than
ornamental areas.
4. Ornamental Areas - These are areas and corridors with a high degree of visual impact.
Plant materials will require regular maintenance and watering.
5. Manicured Areas - These are ornamental areas that require "special" attention due to
their significance (e.g., entries). These areas shall be kept to a minimum.
Plant Materials Matrix
The plant materials matrix, located at the end of this section, includes a partial list of
trees, shrubs, and ground covers suitable for use in the various landscape intensity
classifications. Other plant materials may be utilized with approval of the ECDRC and
the City.
10-8-99
IV-8
Landscape Intensity
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A planned community b)' The EastLakc Company
Exhibit 2 J
10-8-99
N-9
II.4.4.4 Street Landscaping
The major external street related to EastLake Business Center II is Otay Lakes Road. It is
designated "Scenic Highway" by the City. Much of the landscape for this street was installed
with previous development in the EastLake Community. Due to the significance of this street,
specific landscape standards have been prepared:
I. Medians - median planting consisting of pre-selected trees and shrub beds shall be
utilized.
2. Parkwavs - adjacent parkways shall be planted generously with ornamental and
drought tolerant plantings. A combination of landscaped berms and/or plant
materials shall be utilized to visually block parking areas and any other objection-
able views.
3. Slope areas - slope areas will increase the visibility of the landscaping from this
street because of the elevation of the Business Center above the street, two
important goals are achieved:
The view of parking lots will be greatly reduced.
The prominence of attractive buildings can be highlighted.
11.4.4.5 Slope/Erosion Control
The general intent of the slope erosion control program is to protect newly created slopes or
denuded areas from erosion or unsightliness. Dust abatement is also a concern. All slope
erosion control planting shall conform to the requirements of the City of Chula Vista Landscape
Manual and the City Landscape Architect.
Generally, five types of erosion control planting may exist subject to the direction and approval
of the City Landscape Architect:
Type I -These are permanent slope areas where permanent automatic irrigation systems,
trees, shrubs and ground covers are required.
Type 2 - These are permanent individual homeowner lot slopes where permanent manual
irrigation systems, trees, shrubs and/or ground covers are required.
Type 3 _ These are permanent slope areas to be naturalized. One-gallon and larger trees
and shrubs with hydroseeded ground cover will be required. Irrigation requirements will
be at the direction of the City LAfPD.
Type 4 - These are fire retardant slopes where fire retardant plant materials are used
between structures and native or naturalized slopes.
10-8-99
IV-IO
1I.4.4.6 Landscape and Irrigation Standards
Standards have been established for the planning of irrigation systems and landscaping. Some of
these are municipal standards, while others are specific to the EastLake Community. The City of
Chula Vista has specific standards in its Landscape Manual which must be met be all projects.
Additionally, the Planning Department may have specific standards related to each individual
project. The EastLake Company has specific standards in those common areas where the
EastLake Community Association will assume eventual maintenance responsibility.
Landscape Standards
Streetscape and common area landscape shall be planted to the following minimum standards:
Ground covers shall be used to eventually cover the entire planting area (flattened
material at the appropriate spacing or hydroseed with City and Master Developer
approval).
Spreading shrubs shall be used to eventually cover a minimum of fifty percent
(50%) of the area at mature growth. Shrub and ground covers shall be selected
subject to approval.
Tree plantings shall consist of the designated dominant, accent and other
approved trees (subject to City and Master Developer approval).
All trees will be staked in accordance with the City Standard detail. Type, size
and installation of trees in the City right-of-way are subject to City approval.
Agricultural suitability tests shall be completed for each landscape project. Soil
amendment and leaching recommendations by an independent laboratory shall be
implemented.
Irrigation Standards
All irrigation systems shall conform to the City of Chula Vista Landscape Manual
and EastLake Irrigation Design Manual.
Irrigation systems shall be designed to allow separate areas of maintenance
responsibility. For example, separate systems and meters for:
- EastLake Community Association
_ Private homeowners' or business owners' association
- Private entity
- Govemmental agency
_ Open space maintenance assessment district
- Private individual
- Other
10-8-99
IV-II
Open space maintenance district irrigation shall be coordinated with the City of
Chula Vista Open Space coordinator (Parks and Recreation Department). The
system shall conform to standard equipment and installation techniques.
Equipment shall be located and installed to minimize negative visual impact.
Low precipitation sprinkler heads should be utilized for optimum coverage and
maximum water conservation.
All irrigation systems shall be fully automatic with the exception of individual
homeowner properties.
Site Specific Guidelines
The landscape concept of each specific site should be simple, with an emphasis on massing of
plant materials rather than sporadic, intermittent planting. Rolling berms and drought tolerant
trees, shrubs, and ground covers should be used to create a heavily landscaped setting and to
visually soften parking lots and other objectionable views. Preselected dominant and accent
trees should be utilized on the street frontages. A limited number of different plant materials
should be used. Each tree selected, for example, should fulfill a specific role in the landscape
(i.e., entry tree, parking lot tree, etc.). Lawn shall be kept to a minimum.
I. All landscaping shall be in conformance with the principles of the General
Landscape Plan. Landscape plans must be approved by the ECDRC.
2. Plant materials with invasive and shallow root systems and/or which create litter
which would stain paving or automobiles, or create a safety hazard should be
avoided.
10-8-99
3.
A general soil amendment prOgram should be a part of the landscaping operation.
This should include soil tests by an approved agricultural soil laboratory to
determine corrective procedures.
Parking lots, service or storage areas, trash enclosures, etc., should be visually
screened. A 42 inch high landscape berm, wall, plant materials, or any
combination thereof, shall be used to screen parking lots from streets.
Off-site landscaping. Irrigation and landscaping at the street frontage should
include the area between the property line and the street sidewalk. These
improvements and their ongoing maintenance is the responsibility of the property
owner, unless it is part of a "common landscape area". The "common landscape
area" shall be the responsibility of the EastLake Business Center Association.
Buyer must plan to incorporate existing landscaped areas into their overall
landscape design and irrigation system.
The use of landscape related walls, planters, sculpture, enriched paving, etc. is
encouraged. The inclusion of such features may alleviate deficiencies in other
components of the overall landscape plan, subject to the determination of the
ECDRC and the City Landscape Architect.
4.
5.
6.
7.
IV-12
11.4.4.7
Landscape Maintenance
All landscape maintenance shall conform to the City Landscape Manual, community
requirements and project CC&R's.
Maintenance is divided into the following categories of responsibility:
- Individual property ownership
- Neighborhood association
- Community association
- Governmental agency
_ Maintenance assessment district
In general, the overall appearance of the landscape shall be neat, healthy and free of weeds and
debris. All new construction of multi-family, commercial, industrial, planned unit development
and unclassified uses shall be landscaped in accordance with a City approved landscape plan,
subject to City inspection of adequate maintenance levels.
]0-8-99
IV-]3
Exhibit 22
EASTLAKE BUSINESS CENTER II
PLANT MATERIALS MATRIX by
LANDSCAPE INTENSITY ZONE
(Partial List)
oM.__." i
.Ii ~
1: ~ " ]
l-- ~
~ ~ ;=
~ ~ 1 '"
'" l! = .
Plant Names - 13" l"n;~lil (Corom on) r. :5 ~ ,~
:;: " ~
TREES
AlbizzinjlJlibrissill (Type varies) " <
Agoni. tlexllosa (l'cppCJJllim: Tree) x '(
Arhulu. 111]000 (Srra.wl;cr!)' free) x '( x <
A.=u.'Lrum T(l11lauzofft1\num (uJeen l'<1lm) , "
Hauhinill hluhliM (Holi~ KOll(\ Orc!li;l Treel " "- x
Ca1ji~1emul1 vimi!llilis (Wecpin~ Bc,ttleb,u.h) x x ,
Cupaniopsis atlll"urtli"ide, {Omolwo<XI T,e,) x x
r: riobotrya ,j apoll 1 ea ([,nqua I) X x
EI)1l1rinn ~trulll>idic~ (Nllkcd Coral nee) , ,
l!llc,,-ly~tus 8pooics (B'.lca!yptus) " x "
ficus rubi~iMl'Jl (R'.Is!)' Leaf ~ jg,) x "
GciJcra pi1Tvi Idill (AllMmlian WJlIow) x x
Jacaranda i1l:ulif"lia (JllclUallda) "- "
Koc:lreub::rri<1 puniclIf"," (Clililc..lc fhulI<' Tree) " X
Lcptospc11rL\JIulae,igallll'D (/1,'Js::t-alwtl T,," TrOl') X X
Liquidambar ;,t)',,,,,II1I1' (American Swe..41uml x x
Lyollcthamnu., fimib\lncius ,:CaUllinn Ironwood) x x
Me!.llcucu quinqLJcnc:rvia (CajerLlr Tt~~) x II
~'lelaleuc~ llC50phiii1 (J'j"Jt Mclnleuca) x x
I'hoenix rcclinata (Sencl\a1 nale Pnlm) x x
Pinus bmria (Calabriwl Pine) x x
Pin"s ;o.mw:iCJ1Sis (CiI,nary 1sl",," Pine) x x
Pinus ddarica (Mcmdell Pine) x x
Pious halepellsig (Alerl'" pjne) " ,
hUllS ]linea (ItaliUl' S\1,Hl~ Pim;) x " ,
Pinus torreyuna (TOlley Pille) x x
"lalnda crnllcll~ls (Chi"",." Pi,wclJc) x )(
Platanus ""oriiblill (London Plane Tree) x x
P"pullls ,-pedes (Poplar) x ,< "
Quercus lIex (H<)l\; O~) x x
Qual'cus ne;rifolia (Cc-ast Live Uak) " ,
Rhu~ I nr,CCll (Afrir,sn Sumac) " x
S"hi m,s mollc (C;Jjforl1ia l'epl"") " x x
10-8-99
IV-14
Exhibit 22 (coot'd)
EASTLAKE BUSINESS CENTER II
PLANT MATERIALS MATRIX by
LANDSCAPE INTENSITY ZONE
i Ii
~ ~ 2 '" ~
" f;l .s
; ~ ~ 'a "
.;l !l x
ii ~
" 1;; .15
Plant .'1atlJe' - Rntlmlcal (Commoll) .:;: c <5 '" ...
SHRUBS
Acadll speci~ (AeLcili) x
Ag'PArrthus afne.ous (Lit). of the "'ile) x x
Arctost:lJ1hyl"~ "T'ec;cs ().1lill2.8tliti1) " x
CalJiandra lwe",I;; (Tr'.nidad flame TTee) X :\
CcallouIlL' 'I":,,i,,~ {Wild Lilac) x K
Cinns s?~ic'i (Rock.rQsc) x ." :<.
Cop:oslIIa kir\ii (Coprcs:m.) ]( " "
CC'tClle.asler .<J1""ie, f,Cc-toneasler) x x
f)oncnnea vi,c,,"~ (Hr.'psee-d Bush) x x
r'.l:hillll1 t'ttslwium (ltr"iclc :>f f\.'fadcir~) x x
f"c.fJonia specie' (EscalloJlii1) " x
Fcijo~ scllo')..'innll .:Pin,;)apple (lUU\'rJ) " X "
HomC!>;)calli., h~'hrids (Day Lil~) x Jl x
Hct""ro:.ui'J~:-. urnlJlifQlia (l'oyoa) " x "
r .1lntana spe;;~e~ (1.tmtnna) X A
r .eJl~{,>3pel'mum """pArium (New 7","I."d Tell TTC~.) x- x
"andiac. dom"xli,," (H("s'icnly B(lmooo) x x-
Neriulll ole(lm1....,. (OlcAuder) x x x
Phmiuia fi'a,,,,ii (phcliuiai " x
PiLloSpOruJ1' "PCCiC5 (Me.ek <mmv,e) x x x ~
Plumbago nuricu]ata (C:ljle l'lumb<lgo} It
l'od<J<;U!IlllS spCC.iC5 (ye..... pine) X X
l'run"-' 1)'OlUi lC.atajj"" Cherry) Jl :x
I):.m;cf. gfllllltllln mLTI~ (Dv..'alf POJll~run~j X
R"phic-Iepis in:!i"" (Iud:., llawthomi .>: x
Rh\'lJllUUS nJ.:::.(.....'IDlJ$ (ltahar. Buckthorn) x l<
RE-e.IS :ntee;rifnlia (LCn::Ollade non;,) x x
T'ccoma cilpeusis (Cape. ! 1(,,'e:'.,u~klcJ :-.:: x x
Vihumum 3p(,cle~ {Vihumum) x
Xylosm.a clll1g'.::!oOlum (XylC'5lJU':) , :\
10-8-99
IV.IS
Exhibit 22 (con' d)
EASTLAKE BUSINESS CENTER II
PLANT MATERIALS MATRIX by
LANDSCAPE INTENSITY ZONE
fi
I:
.!t "
]; ,0 ~ ""'
g " ~ s
0; ~ ~ ~ "
'" '"
.~ "
E ~ j; "
rlI!ltl Nam", - fillLllni",,) (Cumm(rn) ,"
:;; co '" ;>: ...
GROUl\"D COVER
Acacia teoo]el'l~ (I't~!'trote Ac~c;I)) x
Arcluthe;:u ""lcmdulu (r:upc Weed) ~ x X
.o\lI::tosti11l'h,.'ll)~ .speL:ies x x X
Baccharis pilulari. 'Tv.';" I'eul,,,, (flwflrf Coyote Bush) x . x
CcanOtJlU5 sp~je..~ (Wild Lila<;) x .
CCl'astiwn li:nn~nll~!-:a (~rIl)Vf' 1n ~u1TJ:'i1~~r) x ~
PmgaJ'io ch[J,lensix (Ormmu,.:nh11 S1niwbcrry) x x
Gazauia 31'""i", CO~un; 11) x X X ,
lledem l1elh (Engli,h Ivy) x x
Ice rlant~ (,<",') X X X X
LilfltilrJU spe~ies (f .an Luna ~l x X
Lilllo<~jUI!lI'""",ji (f1Lali",,) .
. , x
MyopOl1u<l p"n'il,,]iurn (Prml",l" M)','ponlm) x x X
Ophi()PD~l11l iOlllllni"um (Mundo Grass) x .
Pelarllouiu<lJ pdl\iOtum (Tvy Oeran;ur"j x ~
Potelltil14 wrnu (SpriTlj,\ Ci"'lucl"il) x X
Rcsnwinu, olIu.>wulis 'Pr\lsLrnlus' (l'rc~trate R~=!lry) X )( x
San\olinD. vir;n (Santolir.a) x )( Yo
Verb.."Oll h)'brids (Verbena) "X- x
Vin"" mayor "no minor (P~winklc) )( x
10-8-99
IV-16
Exhibit 22 (cont'd)
EASTLAKE BUSINESS CENTER II
PLANT MATERIALS MATRIX by
LANDSCAPE INTENSITY ZONE
Phml NaulCS . BO!il!lkal (Commr.m)
VI~ES
BUll~~il1villea ,'rede< (R""~~iJ.lViJlca)
Cissus ~pt:~i~ (Ci\Viux)
Fi~llS J'ep~n,' (Climhinll, Pig)
Hibocl1ia \"i1l1WmS [Cui""" Gold VLn,,)
PIw-h""lQci3.>US aiL' w<piJala (R,,,tnn Ivy)
Tru,;,:'hr:]Qspctnnun Ja!ilJl:n()itl~~ tST;::II J~Slllh.l<:J
\~:i_-:~H sinensis (Chj!le~t: \'Vi~LL'1"iaJ x:
10-8-99 IV-17
~ 'jl
~ ~
;;
.~
Ii ~
... g
x x
x x
x
x x
x x
X ,
" x
! " ~
u ~
~ .~
e '"
~ ~
c E
.:5 z s:
Yo
X
11.4.4.8 Special Master Landscape Plan
The northern portion of Business Center II abuts Rolling Hills Ranch. To minimize the visual
impacts of development in Business Center II, as viewed from the adjacent homes, a special
master landscaping plan is required. This special master landscaping plan shall be approved by
the Director of Planning prior to the issuance of the first building permit for Lots 2, 3,12, or 13.
This plan shall be offered to the Rolling Hills Ranch developers for comment and may include
provisions for off-site tree planting to supplement the tree planting within Business Center II.
Criteria for preparation and approval of the special master landscape plan shall be:
The plan shall be designed to reduce the visual impact of buildings by planting trees that
provide screening.
The container size of the trees to be planted shall that which would produce the most
screening over a five year period for the tree species, up to 24" box maximum. Spacing
of trees shall not constrain full maturity branching.
The trees shall be maintained by the respective property owners association.
The emphasis on the location of the special tree shall be at the top of slope or in locations
that best serve to screen the Business Center II buildings.
The scope ofthe plan area shall be as indicated in the exhibit below.
'/
/1
(-
) ~ Splclal Muter /~' .
'\ - i und,cape Plan Aru.
I' l,.__l L " '
I I I .
! 1-: \ '"
,. 1 1.\ '.
\\.~~. )
" r----r-o-! ,-- ~__,.....::. / ...........'
"1 : I IJ.;'
\ ' " /
\.
\ \ ! \ . "
.,' I I ,oW.... .,' l.'/:
'., 1\ "'- -'.
~\ \J-~-------- ------.".."- "-<..::.
..J ----- -.
-~.,-;;:;< ".
Exhibit 23
10-8-99
IV-18
11.4.5 INDIVIDUAL LOT DESIGN CRITERIA
11.4.5.1 Individual Lot Design Criteria
The descriptions and lot criteria described in this section are intended to provide specific
guidance for each lot. They have been prepared using general criteria and standards provided in
various documents in the Business Center II SPA, Design Guidelines, and Planned Community
District Regulations. These criteria and specifications are subject to change and refinement in
conjunction with the tract map approval process.
11.4.5.2 Organization of the Criteria
This section presents issues relating to building envelopes and building architecture in groups of
lots based on geographic areas, as follows:
Lots I to 6
Lots 7 to 9
Lots 10 to 16
Following these geographical groups are individual pages for each lot defining lot specific issues
and criteria.
10-8-99
V-I
Building Envelope
( ROLLING HILLS RANCH)
r~" ---- l..:"d
'PiC':" ..:ni~~'~
=l U'~~~iP~ i~~
J.' .lLo.te2 (
f \
I . ..\
F f"$<'. '"1
: J10' I
..' ff' . Building I
- '-"1 I Envelope I
; 'I LQt1 20'
; I I .
: I j
: I I :1
I ..
"~~1J!t. '" " .../
( ~"J
"--
.
.
I
. Setback along the North Side of
Fenton Street must include EastLake
Thematic Corridor Criteria
Building Coverage may not exceed
60% of Lot Area
Exhibit 24
10-8-99
V-2
_0"l"O'
, '.'~" '. ',L~;::; ~t".
,~~~'~~ng 'I!
, 1;,Etiy~~l:
I ,J iL?t3 II
-...,;":u\J,.>" I
20' . 11
"- +,0..- -, :
~iO''l'--j
r-"'"_~-:-Ir
( I'
20' ,BuilCling' J la'
Envelope>tl.i~.
I Lot4 1\
--~1r~10'~~ c.-
I B'ld '"
20' UI Ing I
Envelope I
I LotS I
l_ ___J I
10' !
-----,
r-----' t
, 1,10
20.!:JBUUding MI.
~. Ei;1velope I:
L LoU I:
--.......;_.:;,;,;0.. ....;;.;;.,j I
10-8-99
Exhibit 25
Building Architecture
(ROLLING HILLS RANCH)
.. I
~' ,.&&&4
41444
444444444 I
Lot 3
35'or
2 Story
Max.
f"
"
Lot 2
35'or
2 Story
Max.
j
I
r+--
,I Lot 1
.> I --' 35' Height
t-l may be
! increased"
j,yl,~
, ".
Lot4
35' Height
may be
Increased.
Lot 5
35' Height
may be
Increased"
Lot 6
35' or
2 Story
Max.
-,.-......
~~
. Building Height may be
Considered to be Increased
(see P.C. Regulations)
Jo. Building Elevations Facing
Residential Areas must be
Architecturaly Treated
V.3
'..-r"
I
I
I
,
,
I
,
I
,
,
Exhibit 26
Building Envelope
= !'o-~-j L
/I! f~7 r:=--~~//
I;(\Y;,"~~ r, '<~,~,""',I_""., ";f',:if~~:l',;\,~\:~
' \.-""\' /, ,LOtI, ,'I W~'''~f!1 ~\)
i \\\'d L~'~) I U~~,__,I! 11
L/,,1f~,2-~~'1~~~! ~
. _.."./~ ""''''tMc>et__.. -_____
~---
'Setback along the North Side of Otay Lakes
Road must include Scenic Highway Criteria (75)
Building Coverage may not exceed 60% of lot
area,
Exhibit 27
Building Architecture
-- -+~-:~--J L
:/ ./ "~.. - f ~--.~-:=_---.~,-,_._-.,
l / L~~. 7 / "- "- -"" -. '~':::-"'-</
',:'\ . Ht!Cht ~.~ I Lor B ", ",\\
1\.' " lncfealoed i 35' '\'-,',\
\:'. ' / . t1eiiht May Be Lot 9 ~\ ';.'\
I \yL\ I "~~d , '~~" ,\)\
, I ,- , /", )
L' , p - r I -- _.---1- --'- ''j''(
",/ ~~- -- -------.".
-~ -,--.- --.-.----
~------ .------.
-
'35' Building Height may be increased per P.C.
Regulations Section IV. 2.A. 8, and as noted below.
For commercial and industrial buildinas areater than 35 feet in heiaht. the Desian Review Committee shall
consider the followina soecial desian obiectives:
1. Ensure hiah aualityahdIullv finished architecture on elevations facina adioinina residential
develooment and orooerties'eaual to that of the other sides of the buildina.
2. . , Pr9videenhancedscreel1lnaiviail1creased'siie f and/or' amount of buffer landscaoina and/or
screeninawallsi
3. . Maintain'!comoarable 'aecess'!\to 'f' (iClI,t2andairiattheO'erimeter,lot line based on' a 35' buildina
heiClhtaHhemlhimum'setbacks;
a.Maintain a comoarableneiClhUosetbacl( tH:Sl ratio;t$eelV.2Aofthe Plal1l1ed Communitv
tPClDistrict ReaL/lationsl
b. Maintain a compaFablefa9ade areatmaximum buildina width X base heiaht of 35 feet) for
elevations <facinaresidential, develoomentsor 'adioinina residential lots. This mav be
accomolished bv reducinqthe t~talbuildinq width as the heiaht of the buildina increases so
that the total facade area remains~rouahlvthesame.
Examole) 35' heiqht )(100'widthbetv.oeensidevard setbacks = buildina area of 3.500
sauarefeet. A 70' tall buildina would have a taraet width of aooroximatelv 50 feet
wideflO'X50' "S.MO'sQuare feet),
10.8-99
Revised 11/01/07
V-4
Exhibit 28
Building Envelope
( ROLLING HILLS RANCH)
10' Landscape Setback
Building Coverage may not
exceed 60% of Lot Area
Thematic
Community Wdll
\...., ,,-
10'~1 .,.,..,.
I I 10'. 1.10.'
. I .... I S!dQ.
. I' Suilding 1 I .E..n. v'.
' I Env. , L!)t.
:.~'., L .otIl2.....1 11' .......1'3..........
,'[ L .. ....1 <.:;ll'"
~'~110' r
.! .."..J."-.
: ! L J20' 20' '.
:L..::~-
c'1 i :~It.\
--: l I ~1~8. \20'
~.jo.LOt.11\
' 1'10'
.'--11 \
. L.-JL_-'
~ 10'
, _10' -"""1 . 20'
t, LI Bldg. Env. / f I' BU",i1di~....
'" .:pi10', LO,.t 1~ 20Z'i " EnvelOP, e'
: ' , r,. ' /Lot 15 10'
~~-....;t0" / "" ""
. ~, T'...."':.' -........... ,;~. -....t~............ r to'
--. ""'..,' ,. ~rJ1o"-'~~,~,",
-_ .;r /ho,/ 10"1-.......~ ''':-:
------ f-../ ~ ,,' -... ".
"-. < ( Building "
. Setback along the North and "'.' Envelope
East Side of Fenton Street must '\ ,'\ \ Lot 16
include EastLake ThematiC \ \.......'
Corndor Cntena \\ '\40,
)1\ \
l ,I 110',.' 10'
I. I 'N(
IJ /"'{.,-...~-
",' , .
10' Landscaping &
Buildif"lg Setback
,
/
" (
" --", 10' Landscaping &
~' Building Setback
-:::.~~'7~
; ()-1l-9fi Revised l1w 1-07
Where buildin9s areaterthan 35'in
heiaht are permitted. the minimum
'-... setbacks shall be increased as set
forth in Section iV.2.A of the PC
District Reoulations and as set forth
in Exhibit 29. Buildina Architecture.
10-8-99
Revised 1 ]/01/07
V-5
Exhibit 29
Building Architecture
( ROLLING HILLS RANCH)
:-1
I
I
--J
...............
Lot 12
35'Height
May Be
Increased"
Thematic
Community Wall
""Buildin2 Elevations facin2 residential areas
must be architecturally" treated lex.mllles:
Substantial build' linc' offsets" . Ie
buildin hei hts: harmouiousl
windows cohesive colors and' inaterl '" and
overall: deSi2n 'comDosition compatible 'with :the
residential iiei2hbomood: to the north ahd east).
OBuildiri.2.Kei2ht ;maV' be llicre".sed pefP.c:
Re!!:iII':uohS'Section IV :2:A.8:~aftlL~1"oI16ws.
10.8.99
Revised 11101107
V-6
For" commercial and industrial buildinos
oreater than 35 feet in heioh!. the Desion
Review 'Committee shall consider the
followino soecial des ion obiectives:
1. Ensure hioh oualitv and fullv finished
architecture on elevations facino
adioinino ,residential: develooment and
oroperties" eoual to that of the other
sides of the buildino.
2. Provide enhanced screenino via
increased size and/or amount of buffer
landscapino and/or screenino walls.
3, Malhtaih:comp~rable access to lioht
and'airat the perimeter lot line based
ona .35' buildino heioht at the minimum
setbacks.
a, Maintain a comparable heioht to
setback IH:SI ratio. ISee Section
IV.2.A of the Planned Community
IPCrDistrict Reoulations)
b. Maintain a comparable facade area
(maximum buildino width X base
heioht of 35 feet) for elevations
facino residential' developments or
aclioinino residential lots. This mav
be accomplished bv reducino the
total buildind width as the heloht of
thebuildlnd inCreases so that the
total facade area remains rouohlv
the same.
Example: 35' heioht X 100'
width between side yard setbacks
'" buildino area of 3.500 souare
feet. A 70' tall buildino would
haye a taraet width of
approximately 50 feet wide 170' X
50'=3.500~souare feetl.
Land Use/Land Use District:
Fencing:
Landscaping:
Edges:
Special Conditions:
10-8-99
Lot I
Design Issues Summary
Manufacturing Park/BC-l
Screening on site storage and parking on] y
Blend with existing Business Center I. Thematic Corridor
along southern boundary.
Blended edgc with Business Center I and Thematic
Corridor
Within first phase and will establish precedent for Business
Center II. View from residential neighborhood in the Greens
j
J _u_
,', ......., , /1
'. ,,__~.' '"'...... i r .//r-... --,'
."::':~:~.r:"""-~~:'::_~-'-<~\ '-_:~}
;.
_.--
----. ..----
,
I
,
,
,
Key Map
Exhibit 30
V-?
Land UselLand Use District:
Fencing:
Landscaping:
Edges:
Special Conditions:
10-8-99
Lot2
Design Issues Summary
Manufacturing ParklBC-1
Mandatory Solid wall at top of Slope along north boundary.
Screening on site storage and parking.
Dense landscape screening required along north boundary
abutting Rolling Hills Ranch on pad and slope. Blend eastern
landscape with existing Business Center I.
Northern residential edge requires sensitivity [0 visual impact
on residential use.
Additional 10' setback (20' total) along Ilorthern border.
Architectural treatment ollllorth facing elevatioll.
j
1
,\. )', . /1
'..,,':.-::-;"'-";""__--1 L_// C'~)
-""--"""'" .._---_.~~--(.. ~-
--- \
,
"
,/
,
'.
......,(10. .......
,
I
,
,
,
,
,
\
~-
~-
~-
0""'''''......
Key Map
Exhibit 3 J
V-8
Land U seiLand Use District:
Fencing:
Landscaping:
Edges:
Special Conditions:
10-8-99
Lot 3
Design Issues Summary
Manufacturing ParkfBC- ]
Mandatory Solid wall at top of Slope along north boundary.
Screening on site storage and parking.
Dense landscape screening required along north boundary
abutting Rolling Hills Ranch on pad and slope.
Northern residential edge requires sensitivity to visual impact
on residential use.
Additional ]0' setback (20' total) along northern border.
Architectural treatment on north facing elevation.
J
]
\\ ,...." , /1
'....':.-:.;~ ,-",,;,....- _.J L..":/ C'--'''' ;
""'"'--___.r-..., '--- __"'~ '.. --
(
r~--""'-"
\ !
,
,
""""'" ,..-
:
,
\
"
"
\
,
,
,
,
~
,
I
I
\
\
,
,
\
- ----
Key Map
Exhibit 32
V-9
Land Use/Land Use District:
Fencing:
Landscaping:
Edges:
Special Conditions:
10-8-99
Lot 4
Design Issues Summary
Manufacturing ParkJBC-1
Screening on site storage and parking only.
No special conditions for landscaping.
Surrounded by Business Center uses.
Increase height potentiaL
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10-8-99
Lot 5
Design Issues Summary
Manufacturing ParkIBC-1
Screening on site storage and parking only.
No special conditions for landscaping.
Surrounded by Business Center uses.
Increased building height potential.
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V-II
Land Use/Land Use District:
Fencing:
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Edges:
Special Conditions:
10-8-99
Lot 6
Design Issues Summary
Manufacturing ParkIBC-1
Screening for on-site storage and parking only.
Thematic Corridor along southern boundary
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Exhibit 35
V-12
Lot 7
Design Issues Summary
Land Use/Land Use District:
Manufacturing Park/BC-I
Fencing:
Screening on-site storage and parking.
Landscaping:
Southern boundary requires Scenic Highway landscaping.
Edges:
Western edge to blend with established Business Center 1.
Southern edge is Scenic Highway. Northern and eastern
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Special Conditions:
Southern exposure to Scenic Highway and residential
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Exhibit 36
10-8-99
V-I3
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Fencing:
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Edges:
Special Conditions:
10-8-99
Revised 11/01/07
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Design Issues Summary
Manufacturing Park/BC-4
Screening for on-site storage and parking.
Southern boundary requires Scenic Highway landscaping.
Southern edge is Scenic Highway, Northern, western, and
eastern edges relate to Business Center II uses.
Southern exposure to Scenic Highway and residential
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V-14
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Special Conditions:
10-8-99
Revised 11/01/07
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Design Issues Summary
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Screening on-site storage and parking.
Southern boundary requires Scenic Highway landscaping.
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Exhibit 38
V-IS
Lot 10
Design Issues Summary
Land Use/Land Use District:
Manufacturing Park/BC-4
Fencing:
Screening on-site storage and parking.
Landscaping:
Southern boundary requires Scenic Highway landscaping.
Edges:
Southern edge is Scenic Highway. Northern, western, and
eastern edges relate to Business Center II uses.
Special Conditions:
Southern exposure to Scenic Highway and residential
development in the Greens SPA requires sensitivity to
visual impacts. Exposure at Business Center II entry
requires high quality landmark building design. Increased
building height potential.
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Exhibit 39
10-8-99
Revised 11/0 I /07
V-16
Lot 11
Design Issues Summary
Land Use/Land Use District:
Manufacturing ParkIBC-4
Fencing:
Landscaping:
Edges:
Special Conditions:
10-8-99
Revised 11101/07
Screening for on-site storage and parking.
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Increased building height potential.
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Exhibit 40
V-17
Lot 12
Design Issues Summary
Land Use/Land Use District:
Fencing:
Landscaping:
Edges:
Special Conditions:
10-8-99
Revised 11101/07
Manufacturing Park/BC-4
Mandatory Solid wall at top of slope along north boundary,
Screening on site storage and parking.
Dense landscape screening required along north boundary
abutting Rolling Hills Ranch on pad and slope.
Northern residential edge requires sensitivity to visual
impact on residential use.
Additional 10' setback (20' total) along northern border.
Architectural treatment on north facing elevation.
Increased building height potential.
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Exhibit 41
V-18
Lot 13
Design Issues Summary
Land Use/Land Use District:
Manufacturing Park/BC-4
Fencing:
Mandatory Solid wall at top of slope along northern and
eastern boundary. Screening on site storage and parking.
Landscaping:
Dense landscape screening required along northern and
eastern boundary, abutting residential use, on pad and
slope.
Edges:
Northern and eastern residential edge requires sensitivity to
visual impact on residential use.
Special Conditions:
Additional! 0' setback (20' total) along northern border.
Architectural treatment on north facing elevation.
Increased building height potential.
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Exhibit 42
10-8-99
Revised 11/01/07
V-19
Lot 14
Design Issues Summary
Land Use/Land Use District:
Fencing:
Landscaping:
Edges:
Special Conditions:
10-8-99
Revised 11/01/07
Manufacturing Park! VCc5
Mandatory Solid wall at top of slope along eastern
boundary. Screening on site storage and parking.
Dense landscape screening required along eastern
boundary, abutting residential use, on pad and slope.
Eastern residential edge requires sensitivity to visual
impact on residential use.
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Exhibit 43
V-20
Lot 15
Design Issues Summary
Land Use/Land Use District:
Fencing:
Landscaping:
Edges:
Special Conditions:
10-8-99
Revised 11/01/07
Manufacturing Park1VC-5
Mandatory Solid wall at top of slope along eastern
boundary. Screening on site storage and parking.
Dense landscape screening required along eastern
boundary, abutting residential use, on pad and slope.
Eastern residential edge requires sensitivity to visual
impact on residential use.
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Exhibit 44
V-21
Lot 16
Design Issues Summary
Land Use/Land Use District:
Manufacturing ParklVC-5
Mandatory Solid wall at top of slope along eastern
boundary. Screening on site storage and parking.
Fencing:
Landscaping:
Dense landscape screening required along eastern
boundary, abutting residential use, on pad and slope.
Thematic Corridor along western boundary. Scenic
Highway along southern boundary.
Edges:
Eastern and southern residential edges require sensitivity to
visual impact on residential use.
Special Conditions:
Southern exposure to Scenic Highway and residential
development in the Greens SPA requires sensitivity to
visual impacts. Exposure at Business Center II entry
requires high quality architectural design.
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10-8-99
Revised 11/01107
V-22
AQIP
Air Quality Improvement Plan
for
EastLake Business Center II
Supplemental SPA Plan
Addendum
November 2007
Addendum Adopted , 2007
by Resolution No. 2007-XXX
Project Sponsor.
IRE Development
821 Kuhn Drive, Suite 100
Chula Vista, CA 91914
(619) 661-6681
Contact: Alan Huffman
Prepared by:
RBF Consulting
9755 Clairemont Mesa Boulevard, Suite 100
San Diego, CA 92124
Contact: Dan Wery, A1CP
(858) 614-5081
dwery@rbf.com
EAST LAKE BUSINESS CENTER SPA AMENDMENT - NOVEMBER 2007
Project Description:
The applicant, IRE ("Applicant") development, is prosing to introduce commercial retail uses
within the existing Eastlake Design District and is requesting a land use designation change
from Light Industrial to Commercial Retail in order to complement the existing furniture and
home improvement businesses presently in the District. The Applicant is also proposing
certain modifications to the property development standards to accommodate up to five story
buildings (up to 76 ft. high), special parking ratios for furniture stores and restaurants and
professional and medical office uses, including medical clinics. Certain specialty retail uses
related to home improvement are currently allowed under a previously approved Master Use
Permit. However, these and other retail uses as well as developmental and operational
flexibilities are proposed to be incorporated into the EastLake II Planned Community District
Regulations.
More specifically, an amendment to the City of Chula Vista General Plan (GP A) was filed to
change the land use designation of approximately 16.7 previously developed acres at the
northeast corner of Fenton Street and Showroom Place (851-891 Showroom Place) Within
the Eastlake Business Center II project, hereafter referred to as Area "A" (see figure ~
from Limited Industrial to Commercial Retail. Concurrent amendments to the Eastlake II
General Development Plan (GDP), Supplemental Sectional Planning Area (SPA) Plan for
Eastlake Business Center II and associated regulatory documents are proposed for Area A
above and parcels identified as Lot 2 of Map 13971 and Lots 5-8 of Map 14395, herein after
referred to as Area B (see Figure~ and 2430 Fenton Street, herein after referred to as
Area C. The GDP and the Eastlake Business Center II Supplemental SPA amendment consist
of changing the land use designation of Area A from BC-l, Business Center Manufacturing
Park District with Design District Overlay zone to a new commercial land use district and
Area B from BC-I with Design District Overall to BC-4 (Business Center Core District).
Also included are certain modifications to the adopted property development regulations in
order to accommodate greater design and land use flexibility.
The purpose of this Air Quality Improvement Plan for the EastLake Business Center II
Supplemental Sectional Planning Area (SPA) is to respond to the Growth Management
Policies of the City of Chula Vista. The most significant air quality improvement measures
are those policies and regulations established at the broadest geographic level, i.e., State and
Federal. However, there are measures that can be applied on a City or project level which can
have a positive impact.
This addendum presents an overview of these issues, and identifies mitigation/improvement
measures in the following general categories, which can be implemented at the local level.
a. Pedestrian and Bicvcle Paths: The adopted EastLake II General Development Plan, and
subsequent SPA Plans, adopted by the City have emphasized the use of an extensive
trail system, connecting activity centers, to enable non-vehicular travel. Although an
employment park use is not a typical pedestrian destination, the Business Center II
project is integrated with the existing EastLake Village and Business Centers in the
central portion of the community. The clustering of "activity uses" (high school,
community park, and retail) and employment at a central location within the
) t119/07
II.7-)
Addendum to Air Quality Improvement Plan
community encourages the use of non-vehicular modes of travel to these destinations.
Bicycle and pedestrian trails, including the EastLake Thematic Corridor will be
extended to the project.
b. Land Use Mix: The EastLake II General Development Plan, adopted by the City,
includes job opportunities, recreation, education, retail and service commercial, and
public facilities within the community. Full implementation of the community plan
would minimize the length and number of automobile trips because of the range of
opportunities and services available within the community. The Business Center II
project will balance residential increments in the EastLake community with additional
employment uses.
c. Access to Regional Svstems: The LOS requirements applied to development within the
EastLake Business Center II SPA will encourage free-flow travel, which reduces air
emissions. Connections to regional vehicular circulation, public transit and
pedestrian/bicycle trail systems are integrated into the project.
d. Transit Access: The community circulation plan includes provisions for public transit
facilities. Transit stops are anticipated along arterials at key intersections, where desired
by the transit provider. The clustering of transit destinations (e.g., schools, shopping,
and employment) encourages the use of public transit and simplifies routing and
scheduling.
e. Site Design/Planning Guidance: This plan identifies the desirability and importance of
consideration of transit and pedestrian/bicycle building orientation in subsequent
implementing steps such as tentative map approval, site planning and design review.
Inclusion of these design factors will support and enhance the alternative circulation
systems provided at the neighborhood and community levels.
[ Park-and-Ride Facilities: The provision of a Park-and-Ride facility in proximity to the
project is anticipated. Construction of such a facility is required in the EastLake Village
Center, located just west of the project site. Such a Park-and-Ride facility could also
provide a staging area for carpools, vanpools, and transit vehicles. This facility should
be incorporated into a city-wide system of similar facilities coordinated with public
transit routes, including future light rail corridors.
& Telecommuting: The Master Developer is also working with the cable TV provider to
include high speed electronic communications connections through the cable TV
system. The Master Developer is committed to ensuring that new development are not
"technologically obsolete" but include necessary community infrastructure to take
advantage of anticipated electronic communication improvements.
h. Construction Mitigation: The dust emissions generated during project grading will be
mitigated by a series of specific mitigation measures identified in this plan. The
mitigation measures are expected to reduce project construction emissions to a less than
significant level.
L Implementation/Monitoring: In addition, this development will be subject to the
ongoing monitoring programs inherent in the City's Transportation Phasing Plan and
Growth Management Program. These programs will continue to be addressed during
subsequent implementing actions associated with the project.
11/19/07
II.7-2
Addendum to Air Quality Improvement Plan
These local mitigation measures may have a small impact on Air Quality in quantifiable
terms, but their enhancement of future transit options, alternative transportation modes within
the neighborhood and community, and public awareness should have a greater long term
public benefit.
Impact Reduction Measures:
This section of the AQIP amendment demonstrates how the EastLake Business Center SPA
Amendment - 2007 addresses key design issues, at the SPA Plan level, which are directed
toward reducing air pollution impacts. The design issues addressed below would be
incorporated as conditions of approval for the Project:
a. Street/Circulation Design with PedestrianIBicvcle Orientation
The Project does not alter the original air quality improvement plan implementation
measures, such as: trail system, pedestrian connection among centers, bicycle lanes
and other components to promote non-vehicular transportation. Instead, the Project
would be required to incorporate pedestrian connections to the existing
pedestrian!bicycle route connections and bicycle racks to promote the use of non-
motorized modes of transportations.
b. Housing/Employment Density Near Transit
The project provides and allows for additional employment within close proximity of
area housing, allowing for a reduction of vehicle miles traveled for those able to work
and live in the East Lake community.
'" Land Use Mix/Proximity
The Project introduces a hotel facility with full range of amenities to serve the needs
of corporate offices and other businesses in the area. This mixed-use approach will
result in less customers and executives visiting the site traveling west to seek
overnight accommodations restaurant facilities.
d. Site Design with Transit Orientation
The proposed and permitted future buildings will increase the concentration of
employment in the immediate area which may encourage and support the use of
transit services, thereby reducing total vehicle miles traveled. Placement of buildings
and building entrances, particularly larger buildings, can encourage transit or
alternative transportation modes. The SPA Plan does not specify building locations.
Hence, this issue can be addressed in the Tentative Map and site Plan/Design Review
processes when greater project detail is available.
~ Limited Commercial Use
The EastLake Business Center II Supplemental SPA includes an existing 16.7 -acre
commercial site. This limited amount of commercial use, which comprises less than
20% of the Business Center II, consists of complementary retail and commercial uses
that attract patrons to multiple stores per visit. The uses on this project site are also
accessible by those who work in the Business Center II and those who ride mass
transit. This will reduce total vehicle miles traveled by providing an alternative to
11119/07
II.7-3
Addendum to Air Quality Improvement Plan
such trips that would only likely be done by private automobile. This will encourage
local service and convenience trips from office and hotel employees and visitors.
[ Bicycle Route Integration with Transit & Emplovment
Bike lanes are designated on Fenton Street within the project area. On other internal
streets, bicyclists will be readily able to share the road with motor vehicles due to the
low volumes and limited speeds allowed. Project bicycle routes connect to regional
systems as indicated in the Circulation Element of the General Plan and provide
access to all regional destinations including the park-and-ride facility, and nearby
commercial centers and residential areas. The project will include connecting
sidewalks to the established walks, and paths and transit facilities.
g, Energy Efficient Landscaping
The project will include landscaping of the parking lots, perimeter grounds, as well as
near the proposed buildings to provide shade and reduce heat gain and energy usage
for both vehicles and buildings.
h. Alternative FuelslTelecenter
The project is provided with high-speed telecommunications services to facilitate
both on-site and off-site communications allowing for reduced commutation. The
project is proposed to include Class-A office and professional buildings and Hotel
with conferencing facilities. These facilities will be maintained with the latest
industry standards for communications.
!c Overall Sustainabilitv ofProiect
The project fits into the overall community plan and achieves the objectives of
providing both a job-housing balance as well as a job-housing match whereby the
high-quality buildings and professional jobs will enable employees to live and work
within the EastLake community, thereby improving overall efficiency, community,
quality of life and sustainability.
L Commitment to Chula Vista Greenstar Program
The developer of the subject project has committed to the first option in Chula Vista's
AQIP Guidelines and will participate in the Greenstar Building Efficiency Program.
The majority (50% or greater) of the structures shall be designed to exceed the
California 2001 Title 24, Part 6, Energy Efficiency Standards (CA 9110, effective
6/1/01) Title 24 by 10%.
Because energy conservation technology and programs are constantly maturing, the
specific program will be identified with application for building permits. The
particular building efficiency program to be used (potentially including a custom
building program) and the buildings to be constructed under the program, shall be
identified on the building permit application and approved prior to issuance of a
building permit. Energy calculations demonstrating program compliance will be
included with the Building Permit application.
11/19/07
ll.7-4
Addendum to Air Quality Improvement Plan
11/19/07
Construction Phase:
Even though the creation of dust is limited to the construction phase of a project and
is thus "temporary," a large development could significantly contribute to adverse air
quality impacts. As mitigation for these potential impacts, dust control during grading
operations will be regulated in accordance with the rules and regulations of the San
Diego APCD.
At the time tentative maps are approved for the project, the following measures would
be required to reduce fugitive dust impacts and emissions impacts from construction
equipment:
1h Clearing/Grading
. All unpaved construction areas shall be sprinkled with water or other
acceptable San Diego APCD dust control agents during dust-generating
activities to reduce dust emissions.
b. Disturbed Areas
. On-site stockpiles of excavated material shall be covered or watered.
. Disturbed areas shall be hydro seeded, landscaped, or developed as quickly as
possible and as directed by the City to reduce dust generation.
f., Track-Out Control
. On dry days, dirt and debris spilled onto paved surfaces shall be swept up
immediately to reduce re-suspension of particulate matter caused by vehicle
movement. Approach routes to construction sites shall be cleaned daily of
construction-related dirt in dry weather.
Dirt Hauling
Trucks hauling dirt and debris shall be properly covered to reduce windblown
dust and spills.
High Wind Ooerations
Additional watering or acceptable APCD dust control agents shall be applied
during dry weather or windy days until dust emissions are not visible.
Off-Road EQuioment
Enforce a 20 mile-per-hour speed limit on unpaved surfaces.
Heavy-duty construction equipment with modified combustion/fuel injection
systems for emissions control shall be utilized during grading and construction
activities. Catalytic reduction for gasoline-powered equipment shall be used.
Also, equip construction equipment with prechamber diesel engines (or
equivalent) together with proper maintenance and operation to reduce
emissions of nitrogen oxide, to the extent available and feasible.
. Use low pollutant-emitting construction equipment.
. Use electrical construction equipment, to the extent feasible.
d.
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11.7-5
Addendum to Air Quality Improvement Plan
. The simultaneous operations of multiple construction equipment units shall be
minimized (i.e., phase construction to minimize impacts).
Incorporation of all these measures, combined with the fact that construction is a one-
time short-term activity, will reduce potentially significant air quality impacts to
below a level of significance.
11/19107
II.7-6
Addendum to Air Quality Improvement Plan
11.7.1 IMPLEMENTATION MEASURES
Most of the above cited Impact Reduction Measures are included in the EastLake Business
Center II Supplemental SPA Plan and will be implemented through SPA approval or the
tentative map process. However, some will be implemented at a later approval phase such as
Design Review. These are identified below.
Table 3
Impact Reduction Measure Implementation Stage
SPA/Tentative Map Approval Site PlantDesign Review
- Street/Circulation Design - Site Design wi PedestrianlBicycle
- Land Use Mix & Housing/Employment - Transit-Oriented Building Siting
(done at GDP level) - Energy Efficient Landscaping
- Transit Facilities Alternative FuelslTelecenter
-
Site Design/Building Siting (prelim.) . (electronic communication capabilities)
-
- Pedestrian/Bicycle Orientation
- Transit-Oriented Building Siting
- Bicycle Routes
- Grading/Fugitive Dust Control
II.7.2 REFERENCES
Air Quality Improvement Plan for EastLake Business Center II Supplemental SPA Plan,
Adopted November 16, 1999 by Resolution No. 19666.
H:\PDATA\25102850\DATA OLfT\November 15, 2007\AQ1P ,ll,19,07.doc
11/19/07
n.7-7
Addendum to Air Quality Improvement Plan
December 16, 200:t AgeDcf4..
-propo~ed Corre c+l ()f) s:PojeIr1-4
0ccep+ecl b'l Cw",6 (
@ l'Aee-+1V\5 c-::gem lD)
Air Quality Improvement Plan
for
EastLake Business Center II
Supplemental SPA Plan
Addendum
November 2007
Addendum Adopted , 2007
by Resolution No. 2007-XXX
Project Sponsor:
IRE Development
821 Kuhn Drive, Suite 100
Chula Vista, CA 91914
(619) 661-6681
Contact: Alan Huffman
Prepared by:
REF Consulting
9755 Clairemont Mesa Boulevard, Suite lOa
San Diego, CA 92124
Contact: Dan Wery, AICP
(858) 614-5081
dwery@rbf.com
EASTLAKE BUSINESS CENTER SPA AMENDMENT - NOVEMBER 2007
Project Description:
The applicant, IRE ("Applicant") development, is prosing to introduce commercial retail uses
within the existing Eastlake Design District and is requesting a land use designation change
from Light Industrial to Commercial Retail in order to complement the existing furniture and
home improvement businesses presently in the District. The Applicant is also proposing
certain modifications to the property development standards to accommodate up to five story
buildings (up to 76 ft. high), special parking ratios for furniture stores and restaurants and
professional and medical office uses, including medical clinics. Certain specialty retail uses
related to home improvement are currently allowed under a previously approved Master Use
Permit. However, these and other retail uses as well as developmental and operational
flexibilities are proposed to be incorporated into the EastLake II Planned Community District
Regulations.
More specifically, an amendment to the City of Chula Vista General Plan (GP A) was filed to
change the land use designation of approximately 16.7 previously developed acres at the
northeast comer of Fenton Street and Showroom Place (851-891 Showroom Place) Within
the Eastlake Business Center II project, hereafter referred to as Area "A" (see figure~
from Limited Industrial to Commercial Retail. Concurrent amendments to the Eastlake II
General Development Plan (GDP), Supplemental Sectional Planning Area (SPA) Plan for
Eastlake Business Center II and associated regulatory documents are proposed for Area A
above and parcels identified as Lot 2 of Map 13971 and Lots 5-8 of Map 14395, herein after
referred to as Area B (see FigureD and 2430 Fenton Street, herein after referred to as
Area C. The GDP and the Eastlake Business Center II Supplemental SPA amendment consist
of changing the land use designation of Area A from BC-l, Business Center Manufacturing
Park District with Design District Overlay zone to a new commercial land use district and
Area B from BC-l with Design District Overall to BC-4 (Business Center Core District).
Also included are certain modifications to the adopted property development regulations in
order to accommodate greater design and land use flexibility.
The purpose of this Air Quality Improvement Plan for the EastLake Business Center II
Supplemental Sectional Planning Area (SPA) is to respond to the Growth Management
Policies of the City of Chula Vista. The most significant air quality improvement measures
are those policies and regulations established at the broadest geographic level, i.e., State and
Federal. However, there are measures that can be applied on a City or project level which can
have a positive impact.
This addendum presents an overview of these issues, and identifies mitigation/improvement
measures in the following general categories, which can be implemented at the local level.
a. Pedestrian and Bicvcle Paths: The adopted EastLake II General Development Plan, and
subsequent SPA Plans, adopted by the City have emphasized the use of an extensive
trail system, connecting activity centers, to enable non-vehicular travel. Although an
employment park use is not a typical pedestrian destination, the Business Center II
project is integrated with the existing EastLake Village and Business Centers in the
central portion of the community. The clustering of "activity uses" (high school,
community park, and retail) and employment at a central location within the
11/19/07
1I.7-1
Addendum to Air Quality Improvement Plan
community encourages the use of non-vehicular modes of travel to these destinations.
Bicycle and pedestrian trails, including the EastLake Thematic Corridor will be
extended to the project.
b. Land Use Mix: The EastLake II General Development Plan, adopted by the City,
includes job opportunities, recreation, education, retail and service commercial, and
public facilities within the community. Full implementation of the community plan
would minimize the length and number of automobile trips because of the range of
opportunities and services available within the community. The Business Center II
project will balance residential increments in the EastLake community with additional
employment uses.
c. Access to Regional Svstems: The LOS requirements applied to development within the
EastLake Business Center II SPA will encourage tree-flow travel, which reduces air
emissions. Connections to regional vehicular circulation, public transit and
pedestrian/bicycle trail systems are integrated into the project.
d. Transit Access: The community circulation plan includes provisions for public transit
facilities. Transit stops are anticipated along arterials at key intersections, where desired
by the transit provider. The clustering of transit destinations (e.g., schools, shopping,
and employment) encourages the use of public transit and simplifies routing and
scheduling.
~ Site Design/Planning Guidance: This plan identifies the desirability and importance of
consideration of transit and pedestrianlbicycle building orientation in subsequent
implementing steps such as tentative map approval, site planning and design review.
Inclusion of these design factors will support and enhance the alternative circulation
systems provided at the neighborhood and community levels.
[ Park-and-Ride Facilities: The provision of a Park-and-Ride facility in proximity to the
project is anticipated. Construction of such a facility is required in the EastLake Village
Center, located just west of the project site. Such a Park-and-Ride facility could also
provide a staging area for carpools, vanpools, and transit vehicles. This facility should
be incorporated into a city-wide system of similar facilities coordinated with public
transit routes, including future light rail corridors.
&, Telecommuting: The Master Developer is also working with the cable TV provider to
include high speed electronic communications connections through the cable TV
system. The Master Developer is committed to ensuring that new development are not
"technologically obsolete" but include necessary community infrastructure to take
advantage of anticipated electronic communication improvements.
h. Construction Mitigation: The dust emissions generated during project grading will be
mitigated by a series of specific mitigation measures identified in this plan. The
mitigation measures are expected to reduce project construction emissions to a less than
significant level.
L ImDlementation/Monitoring: In addition, this development will be subject to the
ongoing monitoring programs inherent in the City's Transportation Phasing Plan and
Growth Management Program. These programs will continue to be addressed during
subsequent implementing actions associated with the project.
11119/07
11.7-2
Addendum to Air Quality Improvement Plan
These local mitigation measures may have a small impact on Air Quality in quantifiable
terms, but their enhancement of future transit options, alternative transportation modes within
the neighborhood and community, and public awareness should have a greater long term
public benefit.
Impact Reduction Measures:
This section of the AQIP amendment demonstrates how the EastLake Business Center SPA
Amendment - 2007 addresses key design issues, at the SPA Plan level, which are directed
toward reducing air. pollution impacts. The design issues addressed below would be
incorporated as conditions of approval for the Proj ect:
a. Street/Circulation Design with Pedestrian/Bicycle Orientation
The Project does not alter the original air quality improvement plan implementation
measures, such as: trail system, pedestrian connection among centers, bicycle lanes
and other components to promote non-vehicular transportation. Instead, the Project
would be required to incorporate pedestrian connections to the existing
pedestrian/bicycle route connections and bicycle racks to promote the use of non-
motorized modes of transportations.
b. Housing/Employment Density Near Transit
The project provides and allows for additional employment within close proximity of
area housing, allowing for a reduction of vehicle miles traveled for those able to work
and live in the East Lake community.
c. Land Use Mix/Proximity
The Project introduces a hotel facility with full range of amenities to serve the needs
of corporate offices and other businesses in the area. This mixed-use approach will
result in less customers and executives visiting the site traveling west to seek
overnight accommodations restaurant facilities.
d. Site Design with Transit Orientation
The proposed and permitted future buildings will increase the concentration of
employment in the immediate area which may encourage and support the use of
transit services, thereby reducing total vehicle miles traveled. Placement of buildings
and building entrances, particularly larger buildings, can encourage transit or
alternative transportation modes. The SPA Plan does not specify building locations.
Hence, this issue can be addressed in the Tentative Map and site Plan/Design Review
processes when greater project detail is available.
e. Limited Commercial Use
The EastLake Business Center II Supplemental SPA includes an existing 16.7-acre
commercial site. This limited amount of commercial use, which comprises less than
20% of the Business Center II, consists of complementary retail and commercial uses
that attract patrons to multiple stores per visit. The uses on this project site are also
accessible by those who work in the Business Center II and those who ride mass
transit. This will reduce total vehicle miles traveled by providing an alternative to
11/19/07
11.7-3
Addendum to Air Quality Improvement Plan
such trips that would only likely be done by private automobile. This will encourage
local service and convenience trips from office and hotel employees and visitors.
[ Bicvcle Route Integration with Transit & Emplovment
Bike lanes are designated on Fenton Street within the project area. On other internal
streets, bicyclists will be readily able to share the road with motor vehicles due to the
low volumes and limited speeds allowed. Project bicycle routes connect to regional
systems as indicated in the Circulation Element of the General Plan and provide
access to all regional destinations including the park-and-ride facility, and nearby
commercial centers and residential areas. The project will include connecting
sidewalks to the established walks, and paths and transit facilities.
& Energv Efficient Landscaping
The project will include landscaping of the parking lots, perimeter grounds, as well as
near the proposed buildings to provide shade and reduce heat gain and energy usage
for both vehicles and buildings.
h. Alternative Fuels/Telecenter
The project is provided with high-speed telecommunications services to facilitate
both on-site and off-site communications allowing for reduced commutation. The
project is proposed to include Class-A office and professional buildings and Hotel
with conferencing facilities. These facilities will be maintained with the latest
industry standards for communications.
!.c Overall Sustainabilitv of Proiect
The project fits into the overall community plan and achieves the objectives of
providing both a job-housing balance as well as a job-housing match whereby the
high-quality buildings and professional jobs will enable employees to live and work
within the EastLake community, thereby improving overall efficiency, community,
quality oflife and sustainability.
.1 Commitment to Chula Vista Greenstar Program
The developer of the subject project Has committedmav commit to the first option in *
Chula Vista's AQIP Guidelines and will~ participate in the Greenstar Building
Efficiency Program. The majority (50% or greater) of the structures sbaJ.lmav be
designed to exceed the California 200 I Title 24, Part 6, Energy Efficiency Standards
(CA 9110, effective 6/1/01) Title 24 by 10%.
Because energy conservation technology and programs are constantly maturing, the
specific program will be identified with application for building permits. The
particular building efficiency program to be used (potentially including a custom
building program) and the buildings to be constructed under the program, shall be
identified on the building permit application and approved prior to issuance of a
building permit. Energy calculations demonstrating program compliance will be
included with the Building Permit application.
11119/07
11.7-4
Addendum to Air Quality Improvement Plan
Construction Phase:
Even though the creation of dust is limited to the construction phase of a project and
is thus "temporary," a large development could significantly contribute to adverse air
quality impacts. As mitigation for these potential impacts, dust control during grading
operations will be regulated in accordance with the rules and regulations of the San
Diego APCD.
At the time tentative maps are approved for the project, the following measures would
be required to reduce fugitive dust impacts and emissions impacts from construction
equipment:
a. Clearing/Grading
. All unpaved construction areas shall be sprinkled with water or other
acceptable San Diego APCD dust control agents during dust-generating
activities to reduce dust emissions.
Disturbed Areas
On-site stockpiles of excavated material shall be covered or watered.
Disturbed areas shall be hydroseeded, landscaped, or developed as quickly as
possible and as directed by the City to reduce dust generation.
Track-Out Control
On dry days, dirt and debris spilled onto paved surfaces shall be swept up
immediately to reduce re-suspension of particulate matter caused by vehicle
movement. Approach routes to construction sites shall be cleaned daily of
construction-related dirt in dry weather.
Dirt Hauling
Trucks hauling dirt and debris shall be properly covered to reduce windblown
dust and spills.
High Wind Overations
Additional watering or acceptable APCD dust control agents shall be applied
during dry weather or windy days until dust emissions are not visible.
Off-Road Equivment
Enforce a 20 mile-per-hour speed limit on unpaved surfaces.
Heavy-duty construction equipment with modified combustion/fuel injection
systems for emissions control shall be utilized during grading and construction
activities. Catalytic reduction for gasoline-powered equipment shall be used.
Also, equip construction equipment with prechamber diesel engines (or
equivalent) together with proper maintenance and operation to reduce
emissions of nitrogen oxide, to the extent available and feasible.
. Use low pollutant-emitting construction equipment.
. Use electrical construction equipment, to the extent feasible.
b.
.
.
f.,
.
d.
.
e.
.
f
.
.
] ]/19/07
11.7-5
Addendum to Air Quality Improvement Plan
] ]/]9/07
. The simultaneous operations of multiple construction equipment units shall be
minimized (i.e., phase construction to minimize impacts).
Incorporation of all these measures, combined with the fact that construction is a one-
time short-term activity, will reduce potentially significant air quality impacts to
below a level of significance.
[1.7-6
Addendum to Air Qua[ity Improvement Plan
_...~"'-- .-~"---'--"-+"'---~-.--'--"---"'--'---~.--'-'-"'-"- _.. .-- ._._-,,-----.-".--,_.---,
11.7.1 IMPLEMENTATION MEASURES
Most of the above cited Impact Reduction Measures are included in the EastLake Business
Center II Supplemental SPA Plan and will be implemented through SPA approval or the
tentative map process. However, some will be implemented at a later approval phase such as
Design Review. These are identified below.
Table 3
Impact Reduction Measure Implementation Stage
SPAffentative Map Approval Site PlanlDesign Review
- Street/Circulation Design - Site Design wi Pedestrian/Bicycle
- Land Use Mix & Housing/Employment - Transit-Oriented Building Siting
(done at GDP level) - Energy Efficient Landscaping
- Transit Facilities Alternative FuelslTelecenter
-
- Site Design/Building Siting (prelim.) (electronic communication capabilities)
- Pedestrian/Bicycle Orientation
- Transit-Oriented Building Siting
- Bicycle Routes
- GradingiFugitive Dust Control
11.7.2 REFERENCES
Air Quality Improvement Plan for EastLake Business Center II Supplemental SPA Plan,
Adopted November 16, 1999 by Resolution No. 19666.
H:\PDATA\25102850\DATA OlfT\November 15, 2007\AQ1P_ll_19_07.doc
] ]/]9/07
]1.7-7
Addendum to Air Qua]ity Improvement Plan
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WCP
Water Conservation Plan
for
EastLake Business Center II
Supplemental SPA Plan
Addendum
November 2007
Amendment Adopted , 2007
by Resolution No. 2007-XXX
Project Sponsor:
IRE Development
821 Kuhn Drive, Suite 100
Chula Vista, CA 91914
(619) 661-6681
Contact: Alan Huffman
2007 Addendum Prepared by:
RBF Consulting
9755 Clairernont Mesa Boulevard, Suite 100
San Diego, CA 92124
Contact: Dan Wery, AICP
(858) 614-5081
dwery@rbf.com
EASTLAKE BUSINESS CENTER SPA AMENDMENT - NOVEMBER 2007
Introduction:
The approach to Water Conservation Plan Addendum is intended to be comprehensive and
implemented throughout the life of the Project. Water conservation during construction and
after occupancy, as well as the installation of water conserving landscaping, appliances and
fixtures are addressed in this Addendum. Efforts to educate and increase awareness of the
need to conserve water should be disseminated to future owners/tenants by the Applicant.
The following are Water Conservation goals established in the adopted EastLake Business
Center II Supplemental SPA Water Conservation Plan:
1. To conserve water during and after construction of the projects within the EastLake
Business Center II Supplemental SPA.
2. To comply with the water conservation standards and policies of the City of Chula
Vista and Otay Water District.
3. To create a comprehensive framework for the design, implementation and
maintenance of water conserving measures, both indoor and outdoor.
4. To be economically efficient and cost effective.
Proiect Description:
The applicant, IRE ("Applicant") development, is prosing to introduce commercial retail uses
within the existing Eastlake Design District and is requesting a land use designation change
from Light Industrial to Commercial Retail in order to complement the existing furniture and
home improvement businesses presently in the District. The Applicant is also proposing
certain modifications to the property development standards to accommodate up to five story
buildings (up to 76 ft. high), special parking ratios for furniture stores and restaurants and
professional and medical office uses, including medical clinics. Certain specialty retail uses
related to home improvement are currently allowed under a previously approved Master Use
Permit. However, these and other retail uses as well as developmental and operational
flexibilities are proposed to be incorporated into the EastLake II Planned Community District
Regulations.
More specifically, an amendment to the City of Chula Vista General Plan (GP A) was filed to
change the land use designation of approximately 16.7 previously developed acres at the
northeast corner of Fenton Street and Showroom Place (851-891 Showroom Place) Within
the Eastlake Business Center II project, hereafter referred to as Area "A" (see figure->
from Limited Industrial to Commercial Retail. Concurrent amendments to the Eastlake II
General Development Plan (GDP), Supplemental Sectional Planning Area (SPA) Plan for
Eastlake Business Center II and associated regulatory documents are proposed for Area A
above and parcels identified as Lot 2 of Map 13971 and Lots 5-8 of Map 14395, herein after
referred to as Area B (see Figure-.--J and 2430 Fenton Street, herein after referred to as
Area C. The GDP and the Eastlake Business Center II Supplemental SPA amendment consist
of changing the land use designation of Area A from BC-I, Business Center Manufacturing
Park District with Design District Overlay zone to a new commercial land use district and
Area B from BC-l with Design District Overall to BC-4 (Business Center Core District).
Also included are certain modifications to the adopted property development regulations in
order to accommodate greater design and land use flexibility.
Water Supply:
EastLake Business Center II Supplemental SPA is located within the OWD's Central Service
Area. The Project would receive its water supply from the Otay Water District's Central
System. The OWD also provides recycled water to the Project area. The District owns and
operates the Ralph W. Chapman Water Recycling Facility located near the intersection of
Singer Land and Highway 94. This plant produces up to 1.3 million gallons of recycled water
for non-potable water uses such as irrigation of golf courses, school playing fields, public
parks, and public landscaping. Additional recycled water supply will be available from the
City of San Diego's proposed 6 million gallons per day (MOD) capacity South Bay Water
Reclamation Plant, which will be located in the Tijuana River Valley at Monument and Dairy
Mart Roads near the Mexican border.
Supply of recycled water for the Project would be coordinated by the Otay Water District and
the City of Chula Vista. The phased construction of potable and recycled water facilities,
based on the District-approved master plans, have been installed per public facilities
Financing Plan and subdivision map conditions for the overall Business Center II area.
Water Consumption:
This section presents information on the anticipated increase in water demand as a result of
the Eastlake Business center SPA Amendment. Table 2, below, shows the current water
consumption within the SPA, and projected water consumption after Project built out.
The total proj ected average water consumption at built out, without conservation measures, is
approximately 0.105 million gallons per day (MOD). A difference of _MOD. The focus
of this Addendum is to describe conservation measures for reducing the projected
0.105MOD potable water use within the industrial project.
Table 2
EastLake Business Center II Supplemental SPA
Project Water Use
Land Use Acres Consumption Rate! Water Use (MGD)
Industrial 84.0 1.0 afy/acre 0.075
Commercial * 16.7 2.0 afy/acre 0.030
Total 100.7 1.17 afy/acre 0.105
layf= acre-foot per year;
1 acre-foot = 326,000 gallons
. Consumption and savings rates rate taken from Section I1.7. 7 of the EastLake I Supplemental Water
Conservation Plan for EastLake Village Center North Supplemental SPA (July 23,2002)
2
Water Conservation Measures:
Implementing water conservation measures before a project is constructed provides an
opportunity to include measures, which might not otherwise be practical. Unlike a
residential project where there are a variety of indoor fixtures and appliances, which can be
selected for water conservation, industrial and commercial developments are fairly limited in
options.
Indoors:
Industrial and commercial water demand includes indoor water used by businesses and
service providers. Historically, eighty percent of industrial water is used indoors, primarily
for industrial processes. The adoption of state and federal laws has required that water
efficient equipment and process be implemented in these activities, comparable to the low
flow fixture requirements for new residential development. Implementation of these
requirements will result in conservation savings of twelve to fifteen percent, according to the
Department of Water Resources. The existing 16. 7-acre commercial site, which is built-out,
includes water conservation measures and has the same conservation savings.
Applying this estimate to the Business Center II project, yields an estimated conservation
amount of 0.010 MGD [0.105 MGD x .8 (indoors) x .12 (conservation factor)].
Outdoors:
Landscape/Irrigation - Industrial water demand includes irrigation water used on industrial
sites. Outdoor irrigation is estimated to comprise twenty percent of industrial water use
which is calculated to be 0.015 MGD in the Business Center II project. The Commercial
water demand for irrigation water is estimated to comprise 20% of commercial water use
which is calculated to be 0.006 MGD. The Commercial portion of EastLake Business Center
II is already built out and was constructed in conformance with the industrial zoning.
Therefore, the amendments proposed to accommodate a larger mix of uses on the
commercial site will not result in a change to outdoor water use.
With the installation of an efficient and properly maintained irrigation system, a decrease in
the area planted with cool-season turf and use of low-water requiring plants, a thirty percent
reduction in irrigation water requirements can be expected. Applying this estimate to the
Business Center II project, yields an estimated conservation amount of 0.006 MGD [0.105
MGD x .2 (outdoors) x .30 (conservation factor)].
Water Use Durin!! Construction:
Water conservation measures can also be implemented during the construction/grading
process. The three primary uses are: dust abatement; soil compaction; and, street washing.
Since the imposition of Stage 2 water conservation requirements by the Otay Water District,
water conservation has been incorporated in EastLake construction activities, as appropriate.
Water use has been limited to that necessary for proper soil compaction; soiled streets have
been swept instead of washed. Recycled water could be used for these grading activities,
when it is available.
3
The use of native/naturalized plant materials on graded slopes in open space will reduce the
need for irrigation in the future. Open space slopes within the EastLake Business Center II
Supplemental SPA will be planted with drought tolerant plant materials to reduce the need
for irrigation and maintenance.
Implementation Measures:
In addition to the implementation measures outlined in the previously adopted EastLake
Business Center II Supplemental SPA, the Applicant of the subject Project has committed to
following the water conservation measures:
. Indoor water conservation measures:
o Hot-Water Pipe Insulation: Install insulation on all hot water pipes in all common
areas and all tenant-developed areas.
o Pressure Reducing Valves: Provide pressure reducing valves at all meters, set to
deliver water at no higher than 60 psi.
. At least one outdoor water conservation measure and at least one additional water
conservation measure from either the indoor or outdoor categories.
o Outdoor Water Conservation Measures
. Water Efficient Irrigation System - Use of rain sensors and soil moisture
measuring devices for scheduling and controlling all landscape irrigation
programs in commercial, industrial and business centers including tenant
areas.
. Evapotranspiration (ET) Controllers - Timed, fixed irrigation scheduling
based on estimates of actual plant evapotranspiration rates. Radio signal from
a central control station or satellite transmits information to the controllers to
operate the sprinklers for the appropriate length oftime.
. Water-Efficient Landscaping - Use of native vegetation and drought tolerant
plant materials, avoiding grass and turf to the extent practical and use of
irrigation systems and controllers as required by the Chula Vista Landscape
Manual Use. In addition, the use of drip irrigation where possible and
restriction of sprinkler irrigation as recommended by the water purveyors.
. Recycled Water - Expand use of recycled water beyond areas mandated by
the water purveyor to those areas where landscaping is within a reasonable
reach of recycled water pipelines, to the extent that such use is acceptable to
regulatory authorities.
. Outdoor Garden Sales - All tenants with outdoor garden sales areas to install
micro-irrigation systems (trickle or drip irrigation) and provide water
conservation educational materials for consumers.
o Indoor Water Conservation Measures
.
Dual-Flush Toilets - Install dual-flush (ULFT) toilets in public restrooms
including gas station restrooms.
4
. Waterless Urinals - Install waterless urinals in public restrooms (men's
rooms) including gas station restrooms.
. Pre-Rinse Sprayer on Sinks - Install automatic shut-off sprayer for pre-rinsing
dishes with a maximum flow rate of 1.6 gpm in all restaurant and fast-food
units.
. High-Efficiency Dishwashers - Install high-efficiency dishwashers in
restaurant buildings.
. Air-Cooled Ice Machines - Install air-cooled ice machines instead of water-
cooled machines in restaurants.
. Conductivity Meters - Install conductivity meters on cooling towers to
regulate cycling of cooling water and chemicals.
o Optional Water Conservation Measures
. Sub-meter all individual tenants in buildings.
. Provide educational materials and guidance to tenants.
Implementation Timin!!
All implementation measures listed above shall be incorporated in the building plans and
installed as part of the individual projects prior to issuance of certificate of occupancy.
H;\PDATA\251028S0\DATA OUT\November 15, 2007\WaterConsewation_l1_15_07 no red.doc
5
ATTACHMENT 7
PUBLIC FACILITIES FINANCING PLAN
&~/D4-ft
l-l-f-tA { J 1 J'Y\e n \
I ~'l
DRAFT
THE EASTLAKE BUSINESS CENTER II
SUPPLEMENTAL
PUBLIC FACILITIES FINANCING PLAN
AMENDMENT
Approved by:
Chula Vista City Council
November 16, 1999
Resolution No. 19666
Prepared by:
bulk." , UlOft'"
October 27, 1999
Amended November 19. 2007
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...........................................................................................................4
5.1 INTRODUCTION ............................................................................................................ 9-10
5.1.1. Background ............................................................................................................ 9-10
5.1.2. Purpose ..................................................................................................................9-11
5.1.3. Assumptions ........................................................................................................ -!4-12
5.104. Threshold Standards ............................................................................................ H-14
5.2 DEVELOPMENT SUMMARY ..................................................................................... ~16
5.2.1. Development Phasing .......................................................................................... ~ 16
5.3 PUBLIC FACILITIES THRESHOLD STANDARDS AND INFRASTRUCTURE !9-22
5.3.1. Traffic .................................................................................................................. !9-22
5.3 .2. Police...................................... ............................................ ............. ............... ..... 'R- 38
5.3.3. Fire and Emergency Medical Services ................................................................ ~ 41
5.304. Schools................................................................................................................. ~5
5.3.5. Libraries............................................................................................................... ~5
5.3.6. Parks and Recreation ........................................................................................... ~5
5.3.7. Water ................................................................................................................... ~6
5.3 .8. Sewer ................................................................................................................... e 55
5.3.9. Drainage....................................... ........................... ............ ................... ......... ..... 48-61
5.3.10. Air Quality ........................................................................................................... g..68
5.3 .11. Fiscal.................................................................................................................... ~ 70
5.3 .12. Civic Center ......................................................................................................... ~ 72
5.3.13 Corporation Yard ................................................................................................. ~ 75
5.3.14. Other Public Facilities ......................................................................................... 6l-77
5.3.15. Public Facilities Finance...................................................................................... 63-78
APPENDIX A - FISCAL IMPACT ANALySIS....................................................................... -1G-A-l
APPENDIX B - WATER WILL SERVE LETTER (OMWDl ............................................. B-1
APPENDIX C - FIRE FLOW CALCULATIONS (OMWDl................................................ C-l
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
1
2
3
H
~~
4-Q
*-1
6-J!.
'7-2
&-10
9-11
-!4-12
LIST OF EXHIBITS
Vicinity Map ................................................................................................... 7
Topographic Map ............................................................................................ 8
Proiect Location.................................... .................... ....... ..... .......................... 9
SPA Boundaries ............................................................................................ ~ li
1999 Phasing Plan ......................................................................................... +'7-19
Proposed General Development Plan............................................................ H 20
ProDosed Site Utilization Plan ...................................................................... M 21
Circulation Plan........... ...... ........... .................. ............................................... ;!9 37
Potable Water ................ ..... ... ......... ..... .... .... ............... ................................... 4G- 53
Recycled Water ............................................................................................. 4+ 54
Sewer....... .... .............. ................. ...... ........................ .... .... ............................. 4-1 60
Storm Water .................................................................................................. ~ 67
2
EastLake Business Center II
Supplemental PPFP Amendment
Table
Table
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Table
Table
Table
Table
Table
Table
Table
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Table
Tal3le
Table
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LIST OF TABLES
5-1 1999 Supplemental PFFP Land Uses...................................................H 17
5-1A Proposed 2007 Supplemental PFFP Amendment Land Uses..............H 17
5-2 1999 Supplemental PFFP Phasing Summary ......................................M.lli
5 3 Tranoportatieft & IRterim Pre 125 DIF Fees........................................23
5 1 Peliee Fees ...........................................................................................2&
55 Fire/EMS Fee fer Bllsiftess CeRter 11...................................................31
5 6 EastLake TriaEi f.greemeRt EDU BalBFIee ...........................................31
5 7 EOU's fer Water Usage .......................................................................35
5-3 Existing Segment Operations................... ... .................... ........ ....... ......23
5-4 Existing Intersection Operations..........................................................25
5-5 Trip Generation for Area A & B..........................................................28
5-6 Trip Generation for Area C..................................................................29
5-7 Estimated Transportation DIF Fees for Area B & C ...........................33
5-7 A Traffic Signal Fees for Area B & C .....................................................34
5-8 Police Fee.......................................................... .................................. .40
5-9 Fire Station Inventory ..........................................................................42
5-9 A Fire/EMS - Emergencv Response Times since 1994.. ........................43
5-10 Fire/EMS Fee for Business Center II Area B & C...............................44
5-6-11 EastLake Triad Agreement EDU Balance ...........................................:;4 47
:; 7 EOU's fer Water Usage.......................................................................35
5-& 12 1999 Average Annual Day Water Demand Projection........................~ 48
5-& 11 2000 Average Annual Day Water Demand Projection........................~ 48
5-9 14 1999 Maximum Day Water Demand Projection .................................;;e 49
54O.li 1999 Fire Flow Criteria........................................................................;;e 49
5-H 16 1999 Short-Term Pumping Capacity Balance .....................................;;e 50
5-H 17 1999 Projected Recycled Water Demands...........................................;.150
5-H.lli 2007 Projected Recycled Water Demands...........................................;.1 a
5-H-19 1999 Projected Peak Recycled Water Demands..................................;.1 a
5 11 Civie Faeilities Ill"/eRtery.....................................................................57
5 15 Fature Faeilities ............................,......................................................57
5-20 Net Fiscal Impact.................................................................................71
5-+6 21 Civic Center Fee for Bllsiftess Center II ..............................................~ 74
5 17 Cel'fleflltioft Yare Faeilities..................................................................59
5-+7 22 Corporation Yard Fee fer Bllsiaess Ceater II ......................................~ 76
5-+9 23 Public Facilities Fees fer Other Poolie Faeilities.................................62 78
5~ 24 Bllsiftess Center II Summary of Facilities for Area B & C..................e9 86
3
EastLake Business Center II
Supplemental PFFP Amendment
EXECUTIVE SUMMARY
lbis supplemental Public Facilities Financing Plan (PFFP) to the EastLake SPA Plan
Amendment PFFP (dated June 30, 1992) addresses the public facility needs associated with
the EastLake I SPA Plan Amendment to include the EastLake Business Center 11 project.
The supplement. as amended. has been prepared under the requirements of the City of Chula
Vista's Growth Management Program and Implementation Ordinance Number 2448.
Further, this supplement is a hybrid meant to bridge the gap between current version of the
EastLake SPA Plan Amendment PFFP and the city's current guidelines.
The preparation of an Amendment to the supplemental PFFP is required in conjunction with
the preparation of the '.!Befleed supplemental Sectional Planning Area (SPA) Plan for
EastLake Business Center II. 1bis supplemental PFFP. as amended. ensures that the future
development of the Business Center II project is consistent with the overall goals and policies
of the City's General Plan, Growth Management Program, the Amended EastLake II General
Development Plan (GDP) and the Amended EastLake I SPA Plan. Further, the supplemental
PFFP. as amended. ensures that the development of the project will not adversely impact the
City's Quality of Life Standards. Lastly, this supplemental PFFP. as amended. meets the
policy objectives of the EastLake 11 GDP.
In 1999. +!he 104.7 acre EastLake Business Center II prejeet will be was deleted from the
EastLake III General Development Plan (GDP) and annexed to the EastLake II GDP and the
EastLake I SPA Plan. The EastLake BlliJiaess Cemer II plan;1ing area eaeempaDses
appf6llimately I ()4. 7 gress II€FeS (76 flet l16fes) .....Mllia the City ef ChIlla Vista. The EastLake
Business Center II development is bordered by the EastLake Business Center I to the west,
the Rolling Hills Ranch subdivision to the north, Otay Lakes Road to the south, and the
future EastLake Woods residential development to the east.
The prejeet will eeaDis! ef feW" develepmeat phases. The deyelepffiea! ef Phase If. aatll B
is elifleetee 16 cemmeace iHlffieeiately Hflea 8!l!lFe'itiI ef tile BRa! map. The ee'lelepmeat ef
Phases 2}\ aatI 2B will be linked te the mllfllet eemaad aatI the eempletiea ef ceflaia
tHmspeFlllliea Me se'Ner impFeYemeats.
In 2007. a new proiect was filed to change or modify the uses on approximatelv 45 acres
within the EastLake Business Center II SPA Plan. The proposed changes and modifications
are as follows:
. A change in the land use designation of approximatelv 16.7 previouslv developed acres at
851-891 Showroom Place (hereafter referred as Area "A") from Limited Industrial to
Commercial Retail. 1bis includes amendments to the General Plan. existing General
Development Plan (GDP) and Supplemental Sectional Planning Area (SPA) Plan to
reflect the land use change.
. A change in land use district designation for Lot 2 of Map 13971 and Lots 5-8 of Map
14395 (herein after referred to as Area B) and 2430 Fenton Street (hereinafter referred to
as Area C) from BC- I to BC-4. This change would permit hotels and medical clinics
with a Conditional Use Permit and increase the building height to 76 feet.
4
EastLake Business Center II
Supplemental PFFP Amendment
. A five stOry hotel and four stOry office building are proposed on Area C and are included
in the PFFP analvsis in addition to the aforementioned change in land use for Area A.
A. Public Facility Cost and Fee Summary
The following discussion identifies and summarizes the various facility costs associated with
development of the EastLake Business Center II project. The facilities and the buildings on
Area A acres have been constructed and their ea51 are idefltiiied m detail in 8eetieR 5.3 af this
SlIflfllemeatal PFFP. Development Impact Fees (OIF) have been paid for Area A but not Area
B and C. Each subsection iHdieates a reoommeflaea fbaaeiag a1temati'le fer of this
Supplemental PFFP Amendment uodates existing facilities and the threshold facilities based
upon current City practices and policies. However, where another financing mechanism may
be shown at a later date to be more effective, the City may implement such other mechanisms
in accordance with City policies. In a6aitiefl, Table 5 20 SIlHlffiarizes the J3lIblie faeility
flIlasing liRa assaeiatea easts '?'ithiR a taBle fermat.
Transportation DIF Fees geaemtea BY and Traffic Signal Fees for the EastLake Business
Center II Area A project tetaI IIflflfflJHmately $10,494,750 have been paid when building
permits were issued based on the previous Industrial land use designation and an earlier fee
schedule. Fees geflemtea fer Pre SR 125 facilities llI'C aflflr-eJHmately $2,152,509 ',vhile the
tmffie Troffie signal fees are awreJfiffiately $115,830. New fees are applicable to Area Band
C. Area B fees will be paid in the future and Area C fees will be paid when building permits
are issued for the hotel and office.
Backbone sewer and water improvements ',viII be were funded, in part, through the payment of
D IF fees and capacity fees established for these purposes. On-site facilities will be funded by
the Developer.
The tata! cests fer the EastLake Business Center II project Capital Improvement Plan (ClP)
Potable Water and Recycled Water facilities 'Nill be ~ determined by the Otay Water
District (OWD) and constructed. },eeerdiag 16 the own paliey Na. 26, OWD ',viII flffl'~ae
reimBlH'Sement fer eall5lmetiaR and aesign easts assaeiatea ".ith develepffieflt af these
imj'lrevemeflts.
The lata! east fer Wastewater backbone svstem for the EastLake Business Center II project is
aJ'lp!'6llimately $342,656. Me51 ef the prejeet site is withifl the Telegmph Canyeft Gfa'/ity
Sewer Basin DIE .'\ pameR af the site, awreximately 29% (all iR Pltase 2B), is yJitBin the 8llit
Creek SC\\'er Basm. has been constructed.
The EastLake Business Center II project will not have an impact on the schools, parks and
libraries and lflerefere '.\'ill did not generate fees.
Police, fire and emergency medical services, civic center, corporation yard, and other public
facilities ,....ill be have been funded from revenues generated from the payment of Public
Facilities Development Impact Fees (PFDlF) at the time building permits were issued for Area
A is_ce. These fee reveooes tetalllflflFeJHmately $910,590. New fees are applicable to
Area B and C. Area B fees will be paid in the future and Area C fees will be paid when
building permits are issued for the hotel and office.
The net fiscal impact from the amendment is negative in 2007 ($91.800 Loss) and 2008
($57.400 Loss) but becomes pOsitive in 2009 ($306.500) and pOsitive at buildout ($345.000).
5
EastLake Business Center II
Supplemental PFFP Amendment
B. Public Facility Thresholds
City Council Resolution Number 13346 identified eleven different public facilities and
services with related threshold standards and implementation measures. The following is a
summary of the threshold compliance by the EastLake Business Center II project~
amended:
. Based upon the traffic analysis prepared for the EastLake Trails project (Linscott, Law &
Greenspan (LL&G), September 7, 1999) and the Traffic Impact Analvsis for EastLake
Design District bv LL&G dated September 10. 2007, threshold compliance is projected
to be maintained with implementation of the improvements identified therein IIFlS .,lith
the J'1ayHlellt ef UanilpeItatien DIP fees or the construction of street improvements also
identified therein. The EastLake Business Ceater II pmjeet shall Be cellllitieRtJs te pay
TrWlSflertatien DIP Pees, Interim Pre 8R 125 DIP Pees !II1d Traffic Signal Pees at tee !'lite
ill effeet at the time Bllilsing peHllits are iSSlies.
. The Otay Water District's Water Resource Master Plan and the Sub-Area Master Plan
(SAMP) identify water facilities to be constructed that will provide the necessary water
service to meet OWD criteria. The Developer shall request and deliver to the City a
service availability letter from the Otay Water District prior to each [mal map new
building construction. ill a8sitien the Develefler vlill J'1re'lise water im)*evements
aecerding Ie O\\'D a!l)*eves S:\MP.
. Provide Reeyeles '.vater imprevements accerdiag te the S:\MP. Recycled water
reEtHiremeats for the project will Be ceerdillatea has been constructed and approved by
the Otay Water District and the City ofChula Vista. The phased construction of recycled
water facilities, was based on the SAMP, w:ill Be iReeFflerates iRte the ceRElitiens ef
8J3Ilfeval for a future suBsi'.4sien map.
. The sewer facilities to accommodate sewer .flows from the EastLake Business Center II
project have been identified and constructed ver the Supplemental PFFP. +fte
censtmetien ef new sewer lines mllSt Be phases ','lith the eenstruetion ef streets, hewever,
this 'News net Ilflflly te the lIflgrase of eKisting faeilities. f.s sll6ll, the facilities identifies
in this sllflfllemeHtai PPPP shall Be reEtHires of the Develeper either as eenGtruetes
faeilities er threugh the payment of fees.
. The City will monitor Fire Department responses to emergency fire and medical calls and
report the results to the Growth Management Oversight Commission (GMOC) on an
annual basis.
. The City will monitor police responses to calls for service in both the Police Emergency
(priority one) and Urgent (priority two) categories and report the results to the GMOC on
an annual basis.
. The City continues to provide a development forecast to the APCD in conformance with
the threshold standard. A separate Air Quality Improvement Plan is provided as part of
the SPA document.
. Civic Center facilities and Corporate Yard facilities ':lill Be have been funded through the
collection of the public facilities fees at the rate in effect at the time building pennits are
were issued.
6
EastLake Business Center II
Supplemental PFFP Amendment
Vicinity Map
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Exhibit 1
7
EastLake Business Center II
Supplemental PFFP Amendment
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Topographic Map
Scale: I" = 2000'
Exhibit 2
Map Sourte: San Diego County 2000' Regional Base Map Series. Jamul Quad
8
EastLake Business Center II
Supplemental PFFP Amendment
:::JEEttij
IOLJ
_Nl .
Project Location
Supplemental PFFP Amendment
:-'-J..UJ ~
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file
~ !otlice]
The oroiect area includes aooroximatelv 45 acres of EastLake Business Center II within three
areas. Area A is the subiect of a land use change from Light Industrial to Commercial Retail.
Area B and C is the subiect ofthe EastLake Business II SPA Amendment to modify the Planned
Community (PC) District Regulations. Areas A. Band C have been analvzed as Dart of this
Suoolemental PFFP Amendment.
Exhibit 3
9
EastLake Business Center II
Supplemental PFFP Amendment
5.1. INTRODUCTION:
This docwnent is a SllJ3fllemeBt te the RflflrSved EastLake I SP!. Plan !.mendmcnt
amends the supplemental Public Facilities Finance Plan (dated Jane 3ll, 1995 October 27.
1999). The amendment addresses the conversion of approximatelv 16.7 acres of Limited
Industrial to Commercial Retail land within the EastLake Business Center II development
and a new Light Industrial Land Use designation for the remainder of the proiect site.
The proiect site consists of approximatelv 43.7 acres located on the northside of Otav
Lakes Road and west of Hunte Parkwav. The proiect site contains three distinct areas
(See Exhibit 3). Area A contains the existing Eastlake Design District which consists of
the aforementioned 16.7 acres. Area B consists of relativelv flat vacant building pads.
Area C is vacant land located next to Otav Lakes Road. The supplement. as amended,
addresses the public facility needs associated with the EastLake II SPA Plan Business
Center II project. Further, the supplemental PFFP. as amended. identifies each
improvement needed to service the Business Center II property, the phasing and the
appropriate funding sources.
The implementing actions covered by the Public Facilities and Financing Plan are:
. Use of Public Financing Mechanisms where applicable
. Construction of major streets, sewer, water and drainage facilities
. Internal subdivision improvements pursuant to the Subdivision Map Act
. Provision of other public facilities
. Maintenance of certain facilities such as open space areas and street medians.
5.1.1 BACKGROUND:
The EastLake Business Center II is an expansion of the original EastLake Business
Center established in the EastLake I SPA approval in 1985. It will continue~ the
eastward development of the original plan and complete~ the anticipated planned
employment/industrial uses te be develeflcd within the planned community of EastLake.
The first three residential neighborhoods and the commercial and industrial districts were
approved in the EastLake I SPA. The Business Center II will extended development
eastward, north ofOtay Lakes Road, towards the fumre EastLake Woods neighborhood.
. Amendment History
Februarv 19. 1985: The Chula Vista Citv Council adopted the EastLake I SPA and
PFFP.
June 30. 1992: The Chula Vista City Council adopted the EastLake I SPA
Amendment including an amended PFFP. The amended PFFP updated and replaced
the original 1985 PFFP and addressed the construction of a Kaiser Permanente
Medical Center.
November 24. 1999: The Chula Vista City Council adopted the EastLake II GDP
Amendment and the EastLake I SPA Amendment. This action included the EastLake
Business Center II Supplemental PFFP to reflect the incorporation of 108 acres of
10
EastLake Business Center II
Supplemental PFFP Amendment
Research and Limited Manufacturing (Business Center II expansion) into the
EastLake I Public Facilities Finance Plan. The Supplemental PFFP is a separate
document. which is intended to supplement the original EastLake I PFFP. identifies
additional public facilities needed for the EastLake Business Center II proiect and
ensured that the phased development is consistent with the overall goals and policies
of the Citv's General Plan. Growth Management Program. and the EastLake II
General Development Plan.
September 17. 2007: The EastLake Business Center II Supplemental PFFP
Amendment was submitted to the City of Chula Vista to address the conversion of
approximatelv 16.7 developed acres (Area A) at 851-891 Showroom Place from
Limited Industrial to Commercial Retail. The amendment would allow additional
commercial retail uses to compliment the existing tenant mix. Concurrent
amendments to the Eastlake II General Development Plan (GDP), Supolemental
Sectional Planning Area (SPA) Plan for Eastlake Business Center II and associated
regulatorv documents are proposed for Area A and parcels identified as Lot 2 of Map
13971 and Lots 5-8 of Map 14395 (Area B) and 2430 Fenton Street (Area C). The
GDP and SPA Amendment consist of changing the land use designation of Area A
from BC-1 (Business Center Manufacturing Park District) with Design District
Overlav to a new commercial evC-5) land use district and Area B and C from BC-I
(with Area B currentlv including the Design District Overlav) to BC-4 (Business
Center Core District). Also rescind the previouslv adopted Design District Overlav
Zone and include certain modifications to the adooted orooertv development
regulations in order to accommodate greater design and land use flexibilitv including
increasing the building height to 76 feet for Area B and C.
5.1.2 PURPOSE:
The J'llHpose sf this aeollHleHt is te SHflJ'llemem t-he IIflPf6'/ed BastLake I PFFP (Elated
JUBe 30, 1992. This supplement. as amended. addresses public facility needs associated
with the conversion ofaoproximatelv 16.7 acres oforeviouslv develooed industrial land
to Commercial Retail (also known as the Design District) and the introduction of a new
Light Industrial Land Use designation within the EastLake Business Center II project.
The new Light Industrial Land Use designation will change Area B and C from BC-l to BC-
4. This change would oermit hotels and medical clinics with a Conditional Use Permit and
increase the building height to 76 feet. Additionallv. a five stOry hotel and four stOry office
building are prooosed on Area C and are included in this analvsis. Regarding required
public facilities needs, the supplemental PFFP. as amended. identifies a preliminary cost
estimate for each improvement installation, phasing and appropriate funding sources.
The purpose of all PFFP's in the City of Chula Vista is to implement the City's Growth
Management Program and to meet the General Plan goals and objectives, specifically
those of the Growth Management Element. The Growth Management Program ensures
that development occurs only when the necessary public facilities and services exist or
are provided concurrent with the demands of new development. The Growth
Management Program requires that a PFFP be prepared for every new development
II
EastLake Business Center II
Supplemental PFFP Amendment
project, which requires either SPA Plan or tentative map approval. Similarly,
amendments to a supplemental SPA Plan require an amendment or in this 61lSe a
slIpplement to the supplemental PFFP.
The PFFP is intended to be a dynamic and flexible document. The goal of the Financing
Plan is to assure adequate levels of service are achieved for all public facilities impacted
by the project. It is understood that assumed growth projections and related public
facility needs are subject to a number of external factors, such as the state of the
economy, the City's future land use approval decisions, etc. It is also understood that the
funding sources specified herein may change due to financing programs available in the
future or requirements of either state or federal law. It is intended that revisions to cost
estimates and funding programs be handled as administrative revisions, whereas revisions
to the facilities-driven growth phases are to be accomplished through an update process
via an amendment to or a supplement to the PFFP.
5.1.3 ASSUMPTIONS
There are a number of key assumptions implicit to this supplemental PFFP. as amended.
The assumptions play a major part in determining public facility needs, the timing of
those needs and the staging of growth corresponding to the various facilities. Key land
use and phasing assumptions can be summarized as follows:
A. The proposed -l-999 EastLake I SPA Plan !\menament Business Center II
Supplemental SPA Plan Amendment is limited to~ the annellation of I(J1.7 aeres of
Resear-efi aHa Limited MOBHfaetlHing, iale...m IlS EastLalce BHsiness Center II, to the
EastLalce I SP!\ Plan bowularies (See Bleliibit 3).
1. An amendment to the Citv of Chula Vista General Plan (GP A) to change
the land use designation of approximately 16.7 previouslv deyeloped acres
at the northeast comer of Fenton Street and Showroom Place (851-891
Showroom Place) within the Eastlake Business Center (Area "A") from
Limited Industrial to Commercial Retail. The GP A amendment would
allow additional commercial retail types of uses to complement the
existing tenant mix.
2. Concurrent amendments to the Eastlake II GDP. supplemental SPA Plan
and associated regulatorv documents are also proposed for Area A. B and
C. The GDP and SPA Amendment consist of repealing the existing
Design District Overlay from Area A and B. The amendment would
change the land use designation of Area A from BC-I (Business Center
Manufacturing Park District) to a new commercial (VC-5) land use district
and Area B from BC-I to BC-4 (Business Center Core District). Also
included are certain modifications to the adopted property development
regulations in order to accommodate greater design and land use
flexibilitv. including an increase in building height from 35 to 60 feet UP
to a maximum of76 feet for Area Band C.
12
EastLake Business Center II
Supplemental PFFP Amendment
3. The proiect proposes the repeal of previous Iv adopted Master Use Permit
PCC-05-070 for Area A and B and the approval of new conditional use
permit and design review for a proposed hotel and office building on Area
C.
4. The new conditional use permit application reqUests permission to
establish and operate an approximatelv 148.024 square foot. five-story
hotel with 156 rooms and approximatelv 9.000 square feet of conference
rooms and other amenities on Area C. The hotel will also provide a
restaurant for its guests and a total of 163 parking spaces.
5. A design review application was also filed for the construction of an
approximatelv 122.071 square foot. four-story Class A office building
providing approximatelv 433 parking spaces in Area C of the EastLake
Business Center (2430 Fenton Street).
B. Land use allocation and intensity of development will be regulated by the
EastLake Planned Community (PC) General Development Plan, PC District Regulations,
and the Supplemental SPA Plan for EastLake Business Center II I SPf. Plan, as amended.
C. The proposed projeet eonsists of a 70,000 s€J.aare f-eat earporate amee ana a
20,000 sqaaFe foot warehalise OR 10 aeres (kHO'NR as the LevitoR Prejeet) and an
additioRal 9& aeres af geRcral iRdlistriallises.
!;)..C. Future development will be implemented in phases generally consistent with the
information utilized in the City's Transportation Phasing Plan. Dcvclapmeat af Phases
1:\ ana IB eOllsist of 8jlproldmately 42 gross aer.es (iRellidiRg paalie streets). This 42
aeres iRellides the 10 aere LevitoR projeet plus 32 a6sitioHlll aeres of the total 104.7 aere
that eoald ae aailt aRd aeeliflies aefore reaehiRg a sigRifiellHt threshold impaet.
,A.pprOldmately 17 aeres (grass aereage iRellisiRg pHhlie streets) of Phase 2,A. eaR ae Bliilt
wheR OIYlllpie Padcway is exteRses to H1iHte Parkway.
The remaiRiRg aflprOldmately 45.7 aeres (grass aereage inellidiHg pliBlie streets)
iHellisiRg Phase 2B eaR Be Bliilt '.vfleR Olympie Parkway is exteHses to Wlieste Raad ar
the eOHstrlietioll of SR 125.
E. The projeet eOHsists of apJ'lreximately 101.7 gross aertls, &flJ'lraldmateIy 97 aeres
clcellises the J'llialie streets and 8jlJ'lroldmately 74.8 Ret aeres illelliaes padded lat areas
0Illy;
13
EastLake Business Center II
Supplemental PFFP Amendment
5.1.4. THRESHOLD STANDARDS:
City Council Resolution No. 13346 approved eleven public facilities and services with
related threshold standards and implementation measures, which were listed in a policy
statement dated November 17, 1987 and have subsequently been refined based on
recommendations-from the Growth Management Oversight Commission (GMOC).
The eleven public facilities and services with related threshold standards are:
. Traffic
. Police
. Fire/EMS
. Schools
. Libraries
. Parks and Recreation
. Water
. Sewer
. Drainage
. Air Quality
. Fiscal
During the development of the Growth Management Program two new facilities were
added to the list of facilities to be analyzed:
. Civic Facilities
. Corporation Yard
Threshold standards are used to identify when new or upgraded public facilities are
needed to mitigate the impacts of new development. Building permits will not be issued
unless compliance with these standards can be met. These threshold standards have been
prepared to guarantee that public facilities or infrastructure improvements will keep pace
with the demands of growth.
The 2005 General Plan Update includes a Growth Management Element that provides a
framework for continuing the evolution of the City's Growth Management Program. A
revised Growth Management Ordinance and Growth Management Program Guidelines is
planned for Citv Council review and adoption in 2007.
14
EastLake Business Center II
Supplemental PFFP Amendment
SPA Boundaries
.", .
<.. .." .
Exhibit 4
..4EASTLAKE
A pll....'CI mmm..ity by The EullAke COIIIPIlDY
Ginti Land Planning
........010111"___ m
n...fi ~-lJ9
15
EastLake Business Center II
Supplemental PFFP Amendment
5.2. DEVELOPMENT SUMMARY
1999 Supplemental PFFP Summary
The EastLake Company proposes to develop the EastLake Business Center II
project prior to the completion of the overall EastLake III General Development
Plan (GDP) and Sectional Planning Area (SPA) planning program. To do this,
The EastLake Company proposes to delete the EastLake Business Center II site
from the EastLake III GDP and annex it to the EastLake II GDP and the EastLake
I SPA Plan. The land use designations shown in the EastLake II GDP for the
Business Center II Supplemental SPA Plan area consists of Research & Limited
Manufacturing and Circulation. This project is designed to implement the
EastLake II General Development Plan (as amended). CBffij3ar1SBn Bf the
PreflBSea Oeneml Develeflment Plan (EJ[hibit 1a ana 1b) ana the Site Utilizatien
Plan (EJ[hibit 5a) shews tile relatisn~hi!l sf IEllla lIse ana aereage's between the
pelie)' plan ana the mere refinea and detailed SP f. Plan.
2007 Supplemental PFFP Amendment Summary
IRE Development proposes to redevelop approximatelv 16.7 previouslv
developed acres at 851-891 Showroom Place (Area A) from Limited Industrial to
Commercial Retail. This redevelopment will involve commercial uses of the
existing buildings. IRE also proposes to develop areas B and C with new uses
consistent with the proposed OP A. ODP and SPA Amendment. The
Supplemental PFFP Amendment addresses OP A to change the land use
designation of Area A from Limited Industrial to Commercial Retail. Concurrent
amendments to the Eastlake II ODP. Eastlake Business Center II Supplemental
SPA Plan and associated regulatorv documents are also proposed for Area A. B
and C. The ODP and SPA amendment consist of changing the land use
designation of Area A from BC-I (Business Center Manufacturing Park District)
with Design District Overlav to a new commercial evC-5) land use district: and
Area B and C from BC-I (with area B currentlv including a Design District
Overlav) to BC-4 (Business Center Core District). Also included are certain
modifications to the adopted propertv development regulations in order to
accommodate greater design and land use flexibilitv. including an increase in
building height from 35 to 60 feet UP to a maximum of76 feet for Areas Band C.
More specificallv for Area C. the proiect further proposes repeal of the previouslv
adopted Master Use Permit PCC-05-070 for Area A and B and approval of
conditional use permit and design review for a new 156 room. 5-storv. hotel and a
new approximately 122.000 square foot. 4-storv. office building.
5.2.1. DEVELOPMENT PHASING:
1999 Supplemental PFFP Summary
Proposed land use within the EastLake Business Center II will was oroposed to be
exclusively industrial designations. The subdivision is was proposed to be
developed as summarized in Table 5-1 belew: and illustrated in Exhibit 7.
16
EastLake Business Center II
Supplemental PFFP Amendment
TABLE 5-1
PaepeSEB 1999 SUPPLEMENTAL PFFP LAND USES
Gross Net Acreage Net Acreage
Phasing Land Use Pad Areas
Acreage wlout Streets Onlv
IA Research & Limited Mfg. 15.2 13.1 9.5
1B Research & Limited Mfg. 32.8 29.9 22.5
2A Research & Limited Mfg. 18.1 17.5 12.0
2B Research & Limited Mfg. 38.6 36.5 30.8
Total 104.7 97.0 74.8
Acreage's provided by Hunsaker & Associates, 10/15/99.
The 1999 project will was to be built in four phases (see Exhibit 5). Phase IA will
include!:! construction of the entrances to the project from Fenton Street, portions of the
Fenton Street extension and Street "N' Harold Place, and development of Lot I and 6.
Phase IB ~onsisted of the completion of the Fenton Street extension and
development of Lot 7 through 10. Phase 2A will include!:! completion of Street ".\"
Harold Place and development of Lot 2 through 4. Phase 2B construction will include!:!
the construction of Street "B" Showroom Place and development of Lot 5, II through 16.
Any changes in the phasing will needed to be approved by either the City Engineer or the
Director of Planning and Building.
2007 Supplemental PFFP Amendment:
There is no planned phasing for Area A. All of the streets and public utilities have been
constructed for the EastLake Business Center II proiect. A summary of the EastLake
Business Center II proiect phasing is provided in the following table.
TABLE 5-1A
PROPOSED 2007 SUPPLEMENTAL PFFP AMENDMENT LAND USES
Land Use Gross Acreal!:e* Net Acreal!:e Net Acreal!:e Pad
wlout Streets* Areas Only
Research & Limited Mf!'. 84.0 84.0 58.1
Commercial Retail 16.7 16.7 16.7
Circulation 4.1
104.8 100.7 74.8
· Acreage's orovided bv RBFConsultin..
17
Eastlake Business Center II
Supplemental PFFP Amendment
Table 5-2
1999 SUPPLEMENTAL PFFP PHASING SUMMARY
Facility Facility Description Phase Phase Phase Phase Timing Financing Metbod
lA 1B 2A 2B
Traffic 4-Wav Stoo laJ. Lane & Fenton SI. X Concurrent wi Building Permit Fee Pr""ram
Olvrnpic Pkwv to Hunte Pkwv X Concurrent wi Building Permit Fee Program
Olvrnoic Pkwv to Wueste Rd. X Concurrent wi Building Permit Fee Program
Traffic Signal & median mod. @ X Concurrent wi Building Permit Fee Program
Fenton/Olav Lakes
Improvements to Lane & Fenton SI. X Concurrent wi Building Permit Fee Program
Pay DIF Fees X X X X " Fee Program
Potable Service A vail Letter from OWD to X X X X Concurrent wi Final Map N/A
City
Water Water Improvements per OWD & SAM X X X X Concurrent wi Final Man Caoacitv Fees and Exactions
OWD CIP Fees X X X X Concurrent wi Final Map ~Fees and Exactions
Recycled Improvements per OWD & SAMP X X X X Concurrent wi Final Map Capacity Fees and Exactions
Water
Sewer Connection to Tele. Cvn. Trunk Sewer X Concurrent wi Building Permit Fee Program
Connection to Salt Creek Trunk Sewer X Concurrent wi Building Permit Fee Program
Pay Fees X X X X " Fee Prwam
Storm Connect to Tele Cyn Drainage X Per Ordinance Subdivision exaction
Drain SYStem
Connect to Salt Creek Drainage System X Per Ordinance Subdivision exaction
Schools No snecific facility N/A N/A N/A N/A Concurrent wi Final Map CFD
Parks Park dedication & construction N/A N/A N/A N/A Pavl Building Permit Fee Program
Librarv Pay PFDIF Fee N/A N/A N/A N/A Pay Building Permit Fee PrOgram
Fire & EMS Pay PFDIF Fee X X X X Pay Building Permit Fee Program
Police Pay PFDIF Fee X X X X Pay Building Permit Fee PrlWiam
Civic Pay PFDIF Fee X X X X Pay Building Permit Fee Program
Corn. Yard Pay PFDIF Fee X X X X Pavl Building Permit Fee Program
Other Pay PFDIF Fee X X X X Pay I Building Permit Fee Program
18
EastLake Business Center n
Supplemental PFFP Amendment
1999 Phasing
Business Center /I Supplemental SPA
---j -~ I
_Rd.'Phase 2A I I
. :':; \
: : I ..
i r--";t-..a \.\
l j 1L_Phase 28\
___S' Phase:1AT--tI~ .
.: I .,' )
Phase 1 B i'
-
~-
EastLake III GDP
EastLake Gf8etlS SPA
Exhibit 5
A plllnned community by Tbe E..tLake Comp8ny
c 0', land ~
................- ,.,...,
~_L~
10-8-99
~EASTLAKE
19
EastLake Business Center II
Supplemental PFFP Amendment
CR:.....~ .......7~
't: ,...".,C-. 50.7
..... PnlIJAdmfn, 21.0
It hs...Ud.....,.~ -te+:e-2U,",
OS 0ptlt$Nc. 215.1
flQ NlIdQuMtoPllllk' 113.'
P ,... """'""" 282%
.....CftuIIIoa DlI.'
...... U'II" .- MId "'iiiiI
~TDIII .'.1:U lltS
\:
PROPOSED
General
Development
Plan
:\ ,'LM
:'b",/./
, ,"
\,}.--
';..
,'-1'
w.tME .r=l~~
L
L L_fD4""" .... .. lIS
LM ~p......, .... .. 2147
M ...........11.... .... IA ....
M. Mtd+ftIl(tM.....) 'SO' .,. ....
. fIIII(1..27...... --!!!. ... ...
-- ,.... .. 7iii
,~'
/0~"'!"~'
...
...
-_:O:',!1
v
........,..C.-r;SM._.,ur.rwoOO"",,,-.-'=<""'.,,..,,
:4fASMKE" II
A planned communllr by The hllUll.. ComPllnv
/"
"
'to
,-
"-"lcnd~
~U
8/23105
I RevIsed 10123/fIT I
Exhibit 6
20
EastLake Business Center n
Supplemental PFFP Amendment
PROPOSED
Site Utilization Plan
Business Center /I Supplemental SPA
__oj R~:~___
Boswell Rd.
Pi
"
II
II
I,
1
,...1
_~_ __~~",""'E.'tu..",SPA
::::::'_w, G_no SPA ~
E-11
~arcel Land Use
No. Acres Net Acres*
~EmPIOyment Park 25.3 19.8
.~E\l'lPIl>l!,.eDIJ'.iltl<_ __... .5ll.l_ _ _. Jlli. _ _ _.
)Addltlon ofvc-sl ~ ~u~~~~r .. ;r~.!~ :&:1='.. .. ...... .. .. .... ~~~f .. .. _ .. ;:~:_ .. .. ..:
~Olny Lakes Road 3.3
~Fenton Street 4_1
Total 108.1
.E~'OI<<Jt~:k"'l' GIoA;JlctHIOa& M1""""'1'C! ,'U 'crsrn.",.& $IQpu.
F.tlIlGlClft"M/w'IA=s"""IIe~ar_Uecf~,.,.,w.~
D Com::lJDlua'lnf(!lflaf ClrculJUoII norm CIICllaliondal/stiC;s.
o Open ~ (S10~S; ir'cudlldln Empo~I!IP41k .AIiItic$.
~ EASTLAKE
A plllnh~ community by The- Ea!lI1.llkl' C(tmnanv
Exhibit 5
I Revised 111011ll7 I
21
..\ -.', s=l;'""7'\~~:-:r>)
\ ,..~n .;. ,.;'A:i ., .
\ /~-t~:rY'-'F..:::'1,~ l.- ,\
~---::J, i/-"r:K '...'.....).
.,,\.\,._~, '
r ,...... .
"A~::"~
land PIonning
;::;;,::r; ~.,
,~ ,.", ~.....~ ~
'O+9~
Exhibit 7
EastLake Business Center n
Supplemental PFPP Amendment
5.3 PUBLIC FACILITIES THRESHOLD STANDARDS AND
INFRASTRUCTURE REQUIREMENTS
5.3.1. TRAFFIC
5.3.1.1. CITY THRESHOLD STANDARDS:
City-wide: Maintain Level of Service (LOS) 'C' or better as measured by observed
average travel speed on all signalized arterial segments except that during peak hours a
LOS 'D' can occur for no more than two hours of the day.
West of Interstate 805: Those signalized intersections which do not meet the standard
above, may continue to operate at their current (year 1991) LOS, but shall not worsen.
5.3.1.2. EXISTING CONDITIONS:
The supplemental circulation component of the EastLake Business Center II project is
based on a comprehensive Traffic Impact Analysis report that was prepared by Linscott,
Law & Greenspan (LL&G), October 13, 1999. The Supplemental PFFP amendment
circulation is based on the Traffic Impact Analysis. EastLake Design District bv LL&G,
dated September 10. 2007 (herein referred to as the LL&G traffic analysis). The analysis
within both of the LL&G traffic analysis repeft determined the appropriate size and
phasing of circulation improvements.
Otay Lakes Read Ilfta Lane kielllle previae the primary aeeess te the prejeet. amy
Lakes Read is elassifiea as a Sill LaBe Prime lkFleria!. Tedey, Ota)' Lakes Read is a fellT
lane street, with enhafteed illtefSe6tiell geemetfy at Bast' H' Street, previdillg Ilerth selllh
a66ess eet'Neell Bellita R-ead and Telegraph CaDyell Reaa, at whieh peiat it tIlms te the
eaot. .'\t the iftterse6tieR 'Nith Telegfllflh Coo)'ell ReadlLa Media Read, Otay Lakes Read
tfaftsitiells iftte a Six Lane Prime .\ReFfa!, and evelltllally iftte a Class 2 Celleeter (twe
Illftes) eaot efHl!ftte PaFllWay. Lane Avelllle is elassified as a Class I Celle6ter Street. It
ellffefttl)' pre'/iaes elle lalle ill eaeh dire6tiell aDd is step eefttrellea at Ota)" Lakes Reaa.
A. Existinl! Sel!ments
. Otay Lakes Road provides east-west access to the site. Olav Lakes Road is
classified as a Six-Lane Maior west of Paseo del Rev. and as a Six-Lane Prime
Arterial from Paseo del Rey to the SR 125 alignment in the City of Chula Vista
Circulation Plan. Between SR 125 and Eastlake Parkway. OlaY Lakes Road is
classified as a Seven-Lane Prime Arterial with four lanes westbound and three
lanes eastbound. East of Eastlake Parkway to Hunte Parkway, it is a Six-Lane
Prime Arterial. transitioning to a two-lane collector. east of Hunte Parkway. Olav
Lakes Road is currently built to its ultimate classification. Bike lanes exist on both
sides of the road and bus stops are located intermittently along Olav Lakes Road.
. Eastlake Parkway is classified as a Four-Lane Maior Street in the City of Chula
Vista Circulation Plan. between north of OlaY Lakes Road to South of SDG&E
22
EastLake Business Center II
Supplemental PFFP Amendment
easement and as a Six-Lane Maior Road south of the SDG&E easement in Eastlake
Greens. Currently. it provides four lanes (two lanes in each direction). Bike lanes
exist on either side of the road and curbside parking is prohibited.
. Fenton Street is classified as a Class I Collector in the City of Chula Vista
Circulation Plan. Currently. the mid-section of this roadway has two through lanes
(one lane in each direction) and a center two-way-Ieft-turn lane. Just east of
Eastlake Parkway and iust north of Otay Lakes Road. this roadway is four lanes
wide with a median and is built to Class I Collector standards. with four-lanes. two
in each direction.
. Lane Ayenue is classified as a Class I Collector in the City of Chula Vista
Circulation Plan. Currently. it provides four through lanes (two lanes in each
direction). Bike lanes exist on either side of the road and curbside parking is
prohibited.
. Showroom Place is a 40-foot wide unclassified two-lane cul-de-sac oroyiding
access to Areas A & B of the proiect site.
. SR 125 is a north / south six-lane toll facility connecting SR-54 and the SR-905
Route to the International US / Mexico border. through the City of Chula Vista.
This facility is currently under construction and is expected to be ooen to traffic by
the end of 2007.
TABLE 5-3
EXISTING SEGMENT OPERATIONS
Sel!ment ExistiDl! Roadway LOSC Existinl!
Class · Capacity b Volume LOS
Otav Lakes Road
SR 125 Ramos to Vons Dwv 7-Ln Prime Arterial 58.300 49400 ~
Vons Dwv to Eastlake Pkwv 7-Ln Prime Arterial 58.300 39.400 A
Eastlake Pkwv to Lane Ave 6-Ln Prime Arterial 50.000 25.500 A
Lane Ave to 6-Ln Prime Arterial 50.000 17.100 A
Eastlake Parkwav -
Fenton St to Olav Lakes Rd 4-Ln Maior Street 30.000 21.300 .A
Otav Lakes Rd to Clubhouse Dr 6-Ln Prime Arterial 50.000 33.200 A
Fenton Street'
Eastlake Pkwv to Lane Ave Class I Collector 22.000 7.200 A
Lane Ave to Harold PI Class I Collector 22.000 3.700 A
Harold PI to Otav Lakes Rd Class 1 Collector 22.000 1.900 A
Source: LL&G traffic analvsis
Footnotes:
a. Roadwav Classification neT City ofChula Vista Circulation Element and currently existine
b. Table B-1. City of Chula Vista Roadwav Canacitv Standards A veralZC Dailv V chicle Trios.
c. Fenton Street is classified as a Class I Collector in the City of Chula Vista Circulation Plan. Currently. the
mid.section of this roadway has two throm!h lanes (one lane in each direction) and a center two~wav-Ieft-tum
lane. Just east of Eastlake Parkway and lust north ofOtav Lakes Road. Fenton Street is four lanes wide with a
median and is built to Class I Collector standards. with four.lanes two in each direction. For the numose of
calculatim!: the onerations the canacitv of a Class I Collector is assumed.
23
EastLake Business Center II
Supplemental PFFP Amendment
The LL&O traffic analysis of existing conditions includes the assessment of the study
area street segments and intersections. Table 5-3 shows that under existing conditions the
daily street segment LOS of the study area segments are calculated to operate at LOS B
or better. Table 5-4 shows that under existing conditions the peak hour intersection LOS
all of the study area intersections are calculated to ooerate at LOS D or better.
The LL&O tfllffie analysis assessee the fellevliag key iaterseetieas ia the prejeet area:
. Telegrlljlft CIlHYOR ReadI-I 805 SeHtftBelffie RllffiflS
. Telegrlljlft CllHyeR Read/I 895 Nerthb6\me Ramps
. Telegrlljlft CllHyeR Road/Haleerest Drive
. Telegrlljlft CIlHYOR Read/Crest Drive/OlellHaer A"leffile
. Telegrlljlft CIlHYOR Read/Otll)' Lakes RiJaB
. Ota)' Lakes Reacl!EastLake Parkway
. Otll)' Lal,es Read/Lane f.'/ealle
. Otay Lalms Roacl/FeHteR Street
Both of the LL&O traffic analyses assessed the following key intersections in the oroiect
area:
. Otay Lakes Road / SR 125 SB Ramos
. Otay Lakes Road / SR 125 NB Ramos
. Otay Lakes Road / Vons Driveway
. Otay Lakes Road / Eastlake Parkway
. Otay Lakes Road / Lane Avenue
. Otay Lakes Road / Fenton Street
. Fenton Street / Eastlake Parkway
. Fenton Street / Lane Avenue
. East "H" Street / Lane Avenue
. Fenton Street / Showroom Place
. Fenton Street / Harold Place
The LL&O reJlert iadieates that the aforemeatieaed key iHterseetieas are etiffeHtly
efleratiag at L08 C dlll'iag the ".14 er PM peale Rellfs "lith the exeeptioa oftRe Telegr-lljlft
Caayea ReadlI 805 ~JertftbOlll1d RllfHJls iHterseetioa (LOS F, AM and PM peak aellFs).
Fllrtaer, tae Lane AveRlte IIftd Otay Lakes Roaa iHterseetiea ellrreHtly oflerates at LOS C
or better with the eleeeptieR ef the selltftilelllullefl tIIm mevemeHt dllriag the AM peale
ROllr (L08 D). Howe'"er, tRis iaterseetieR will Be signalized BY tae seeoRd qtlllrter ef the
year 2090 IIftd is BeRded by the Rolling Hills prejeet.
The aforementioned City Growta MaRagemeHt Thresholds Standards require that LOS C
or better operations at an intersection except that LOS D is acceptable during peak
periods (for a total of two hours). However, the City of Chula Vista does not have
criteria that specifically addresses the situation if the existing intersection LOS is LOS E
or LOS F.
24
EastLake Business Center II
Supplemental PFFP Amendment
TABLE 5-4
EXISTING INTERSECTION OPERATIONS
Intersection Traffic Peak Existinl!
Control Hour Delav · LOSb
1. Olav Lakes Rd I SR 125 SB Ramos Si2:nal AM , ,
PM , ,
2. Olav Lakes Rd I SR 125 NB Ramos SI.nal AM , ,
PM , ,
3. Otav Lakes Rd / Vons Drivewav SI.nal AM 28.3 .h
PM 45.0 D
4. Otav Lakes Rd / Eastlake Pkwv SiQ"nal AM ill .h
PM 33.2 .h
5. Olav Lakes Rd I Lane Ave SI.nal AM 23.0 .h
- PM 24.6 .h
6. Olav Lakes Rd I Fenlon Sl SI.nal AM 4.2 A
- PM 9.2 A
7. Fenlon Sl I Easllake Pkwv Sil1nal AM 28.0 .h
- PM 33.3 .h
8. Fenton 8t I Lane Ave SI""al AM 23.4 .h
- PM 27.6 .h
9. East "H" St/ Lane Ave 81.nal AM 35..8 D
- PM 34.9 .h
10. Fenton St I Showroom PI TWSC' AM 9.0 A
- PM 9.2 A
11. Fenlon St! Harold PI TWSC' AM III .Ii
- PM 25.5 J:
.
Source' I JAG traffic analvsis
Footnotes:
a. Avera2e delav exnressed in seconds neT vehicle
b. Level of Service
c. This intersection does not exist
d. TWSC - Two-Wav Stan Controlled intersection. Minor street left turn delav is renorted.
SIGNALIZED UNSIGNALlZED
DELAY /LOS THRESHOLDS DELA VILOS THRESHOWS
Delay
0.0 < 10.0
10.1 to 20.0
20.1 to 35.0
35.1 to 55.0
55.1 to 80.0
> 80.1
LOS
A
B
C
D
E
F
Delay LOS
0.0 < 10.0 A
10.1 to 15.0 B
15.1 to 25.0 C
25.1 to 35.0 D
35.1 to 50.0 E
> 50.1 F
Source: LL&G
25
EastLake Business Center II
Supplemental PFFP Amendment
5.3.1.3. TRAFFIC FACILITY & ADEQUACY ANALYSIS:
1999 Supplemental PFFP
The prepBsea prejeet eeHsists ef EastLake Business Center II Supplemental PFFP
addressed a 70,000 square foot corporate office and a 20,000 square foot warehouse on
10 acres (known as the Leviton Project) and an additional 98 acres of general industrial
uses. The number of trips estimated to be generated by the project are based on traffic
generation rates published by SANDAG in the Brief Guide of Vehicular Traffic
Generation Rates, July, 1998 for corporate offices (7 daily trips/I,OOO square feet) and
warehousing uses (5 daily trips/I,OOO square feet). For the remaining 98 acres, an
average of the corporate office rate and warehousing rate on a per acre basis was utilized.
This rate was calculated to be 85 daily trips per acre by LL&G.
2007 Supplemental PFFP Amendment
The EastLake Business Center II Supplemental PFFP Amendment addresses a land use
change of previouslv developed 16.7 acres of Research & Limited Manufacturing to
Commercial Retail (Area A. see Exhibit 3). The document also addresses the concurrent
amendments to the Eastlake II GDP. SPA Plan and associated regulatorv documents that
are affect Area A. B and C). The amendment trip generation was estimated bv LL&G
based on the Brief Guide of Vehicular Traffic Generation Rates for the San Diego
Region. April 2002. bv SANDAG.
Table 5-5 summarizes the existing and amendment trip generation with the proposed land
uses. Currently. Area A is calculated to generate a total ADT of 1.110 ADT with 44 trips
during the AM peak hour (31 inbound and 13 outbound) and 100 trips during the PM
peak hour (50 inbound and 50 outbound). The land use change will generate a net 3.900
ADT with 139 trips during the AM peak hour (110 inbound and 29 outbound) and 355
trips during the PM peak hour (189 inbound and 166 outbound)
Area B site land uses were calculated to generate a total of 5.440 ADT with 163 trips
during the AM peak hour (98 inbound and 65 outbound) and 448 trips during the PM
peak hour (224 inbound and 224 outbound),
The traffic study calculated the traffic for Areas A & B to be a net of 9.340 ADT with
302 trips during the AM peak hour (208 inbound and 94 outbound) and 803 trips during
the PM peak hour (413 inbound and 390 outbound), with the pass by reduction.
A. Project Buildout:
1999 Supplemental PFFP
A buildout analysis was included in the LL&G Traffic Impact Analysis (dated
October 13, 1999). The analysis indicates that all intersections in the project area are
calculated to operate at LOS D or better with the addition of the project traffic with
the exception of the Telegraph Canyon Road/I-805 Northbound Ramps intersection.
The buildout analysis also indicates that all studied street segments in the project area
will operate at LOS D or better.
26
EastLake Business Center II
Supplemental PFFP Amendment
2007 Supplemental PFFP Amendment
The Supplemental PFFP amendment focuses on the land use change of Area A from
Limited Industrial to Commercial Retail. However. from a traffic perspective there
are two projects proposed on Fenton Street between Harold Place and Olay Lakes
Road. The first is the Eastlake Design District (Area A and B) and the second is the
Eastlake Corporate Center (Area C). Individual Traffic Impact Analysis reports have
been prepared for each of the two proiects by LL&G (Traffic Impact Analysis.
EastLake Design District by LL&G. dated Aul!Ust 7. 2007 and Traffic Impact
Analvsis. EastLake Corporate Center by LL&G. dated August 9. 2007. Exhibit 3
depicts the locations of these proiects. As seen in Exhibit 3. A and B depict the
Eastlake Design District and C depicts the location of the Eastlake Corporate Center.
The traffic section of the Supplemental PFFP amendment includes both proiects for
analysis PUfDoses. Following are brief descriptions of each oroiect.
1. Eastlake Design District
The Eastlake Design District (Area A) is located in the northeastern Quadrant of
the OlaY Lakes Road / Fenton Street intersection in eastern Chula Vista. The
onlv access to the site is from Fenton Street via Showroom Place. north ofOtay
Lakes Road. The EastIake Design District currentlv consists mostlv of
furniture stores. Area A consists of 231.566 Square Feet (SF) building area of
which 189.697 SF is currentlv occupied by furniture stores. It is now olanned
to modify the land uses in Area A of the project and provide 125.100 SF
furniture retail. 39.350 SF office. 39.350 SF Specialty Retail/Strip
Commercial and 27.800 SF Restaurant for a total of231.566 SF.
Area B is presentlv vacant and even though no site-specific project is prooosed.
the traffic impact report analyzed a worst-case scenario (see Table 5-5), which
included specialty retail uses. Subsequent changes to the applicant's proposal
have resulted in Area B being oroPOsed for BC-4 industrial land uses instead.
BC-4 uses are industrial in nature and have less daily trip generation potential
then specialty retail. which were analyzed in the traffic study. The City
Engineering Deoartment has determined that this change will not result in anv
additional dailv trio generation. However. conditional uses mav require
additional traffic analysis not contemplated in the L1& G Traffic Analysis.
2. Eastlake Corporate Center
The planned Eastlake Corporate Center (Area C) is located on the south side of
Fenton Street at its intersection with Harold Place / Hitachi Place in the City of
Chula Vista. Two access drivewavs will be provided. one via the existing
Hitachi Driveway on Fenton Street opposite Harold Place and the second east
of Harold Place. Two buildings are prooosed to be constructed. a 155-room
hotel with an aooroxllnate 9.000 SQuare foot convention / meeting rooms and
an aoproximate 120.000 Square foot office building.
27
EastLake Business Center II
Supplemental PFFP Amendment
Dailv Trio Ends (ADTI AM P.ak Hour PM P.ak Hour
Land Us. OuantitY In:Out Solit I In Volume . I Volum.
Rate I ADT Rat. Out I Total Rat. In:Out Soht 1 In lOut I Total
A.' Current Land Us. '. ~
- - - . - -
Area A - FumiturelSneci.ltv Desi"" Ctrb I 189697 SF 1 6 IKSF 1 1 110 I 4% I 70 : 30 I 31 1 131 44 I 9% I 50 - 50 1 50 I 50 I 100
Total CurrentLand Uses , 189 697 SF 1 1 1110 I I . I 311 131 44 I 1 1 soT soT 100
B.' ..ro.....od L.nd Us.. . ", - ,. - - - , - .. - - - -
Area A , - -
Furniture Retail (54%) - - - - - - - -
125.100 SF 9- IKSF 750 4% 70 - 30 21 ~ 30 9% 50 - 50 34 34 68
Office (17%) 39.350 SF 20 IKSF 12Q 14% 90 - .ill 100 11 ill 13% 20 - 80 21 82 103
Soecialtv Retail I Strio Commercial 07%) 39.350 SF 40 IKSF 1.570 3% 60 - 40 28 19 47 9% 50 " 50 71 11 141
Restaurant 1\2%' 27766 SF 100 IKSF 2.780 1% 60 - 40 17 11 28 8% 70 ~ 30 155 67 222
Subtotal Ar.a A Land Us.s 231 566 SF 5890 166 50 216 281 254 535
Reduction due to Mixed-Use tl5o/~-c - - -880 - - -25 -8 -32 - - -42 -38 -80
Subtotal Area A Land Uses With Mixed-Use Reduction 5.010 141 42 183 239 216 455
I '..... : 1'otIilI........d..e 10 Ar.. A - 3900 - - 110 29 139 - - 189 166 355
Area B - - - - -
SneciOltv Retail I Strin Commercial d 160.000 SF 40 IKSF 6400 3% 60 - 40 115 77 ill 10% 50 - 50 320 320 640
Reduction due to pas.!m '15% Dailv and AM and 30% PM) , -960 - - - -17 -12 -29 - - - - -96 -96 -192
Subtotal Area B Land Uses With Passb" R.duction I 5440 98 65 163 224 224 448
Tntal Inc..... dodo Ar.a A &B T 1 9.340 208 94 302 413 390 803
. "1'otaIPrnlod";" ; .... ; , '. '. .
- -
Furniture Retail 125.100 SF 9- IKSF 750 3% 60 - 40 14 ~ 23 9% 50 - 50 34 34 68
Office 39.350 SF 20 IKSF 790 14% 90 - .ill 100 11 ill 13% 20 - 80 21 82 103
General Retail 39.350 SF 40 IKSF 1.570 3% 60 - 40 28 12 47 9% 50 - 50 71 71 141
Restaurant 27.766 SF 100 IKSF 2.780 1% 60 - 40 17 11 28 8% 70 - 30 155 67 222
Snecial'" Retail I Stri" Commercial 160.000 SF 40 IKSF 6.400 3% 60 - 40 115 77 192 10% 50 - 50 320 320 640
Reduction (Mixed~Uses: FurniturelRetaillRestaurant - 15%) c -880 - - - -24 -8 -32 - - - -42 -38 -80
Reduction IPassbv: Snecial'" Retail - 15% Doll" and AM and 30% PM' ' -960 - -17 -12 -29 - - - -96 -96 -192
Subtotal Pronosed Proiect With Mixed-Use and Passbv Reductions 10450 233 107 340 463 440 903
TABLE 5-5
TRIP GENERATION FOR AREA A & B
Footnotes:
a. Brie(Guide o(Vehicular Traffic Generation Rates (or the San Die~o Re~ion. SANDAG. Anril2002
b. Currentlv occuoied and e-cneratine: traffic
c. A mixed-use reduction ofl5% is assumed due to the same vehicle Oatronizin2 both the fumitwe and the restaurant or both the restaurant and retail e<<:. and is consistent with the narkin. analvsis.
d. Worst-<:ase scenario, The aonlicanl has a=ed to BC4 uses instead ofSoeciaItv Retail. BC4 uses have less dailv trio lreI1Cflllion ootentiaI than soecia1tv retliL which were aoa1vzed in the traffic studv..
e. A Dass-bv reduction of15% for daily traffic and AM Desk hour traffic and 30% for PM Deak hour traffic is annlied to the Community ShODDine: Center nomon ofllie oroiect ner ITE
(Institute ofTranSDOrtation Emrineers) trio e:eneration rates
28
EastLake Business Center II
Supplemental PFFP Amendment
TABLE 5-6
TRIP GENERA nON FOR AREA C
Dailv Trio Ends AM Peak Hour PM Peak Hour
(ADl
Land Use Ouantitv In:Out Volume In:Out Volume
Rate a ADT Rate Solit In Out Total Rate Solit In Out Total
Office 120.000 SF 20 IKSF 2.400 14% 90 10 302 34 336 13% 20 80 62 250 312
Hotel 155 Rooms 10 IRm 1.550 6% 60 40 56 37 93 8% 60 40 74 50 124
Total , .....i--... ...... I 3.950 358 I. 71 429 136 300 436
- - - - -
Source:
a. Brief Guide ofVehicu/ar Traffic Generation Rates for the San Die~o Re(!ion. SANDAG. Anril2002
29
EastLake Business Center II
Supplemental PFFP Amendment
The results sf the LL&G analysis iJuliellte that llflprsltimately 42 grsss acres (the
19 acre Leviton preject I 30 aaaitisnal acres) ef the llflprmtimate 104.7 acres
cOllla be bllilt Befere reachiflg a significRll.t thresheld impact. The gross aereage
iRelaaes streets, slopes and pad areas.
The elEtensi6R ef Olymflie Parkway te Pasee Rooeaers vias feliRa to flartially, blit
Rot fally, mitigate the prejeet impaets. ORee Olympic Parkway ellteRas t6 Pasee
Roocaero, 59 gross aeres cOIlM be Bailt befere a sigRifieRRt iHljlact woald Be
calclllatea.
CeRstrnetisR sn tile remainiflg 45.7 aeres is restricted liRtil OlYHlJlie Parkway is
elEtenaed from Pases RllIl.chers te Waeate Read er SR 125 is csmpleted.
B. Adequacy Analysis:
The cllHent LL&G RIl.alysis determiRed ho'''' mloleh sf the site eSllla be aeyelepea
befere a sigRifieRRt impaet scctlffea ts the eirealatian aetwilrk. LL&G's initial
assessment was that the I &05.' TelegFllflh CIlIl.')'SR Raaa iRterehllRge, and
particlllar the narthballfla fIlffiJls is the eeRstraint iR the eircalatieR system ill.
regards te the prepasea prejcet.
The Telegr(lj3h CanyeR RilaEi'NertkBellRa I 805 ramps iRterseetiaR are el'fleeted
te sperate at LOS F alifiRg the .'.M pealE psriad iR the Year 2999 '.vitheat the
praject. LL&G adaea prejeet traffic valames ta the iRterehllll.ge liRtil the two
sesaRd sigRifieRRt eriteria threshala .....as reaehea.LL&G's ealcalatieRs shew that
42 grass acres (the 19 aere LevitaR prejeet I 32 aaditieaal acres) efthe 195 aeres
cauld Be Bailt before reaefiiRg a sigRifieant impaet (greater tilllll. twe seeaRd delay
ifterease) at the I 895 Telegrllfla CIlft)'SR Rilad interchange.
The LL&G Traffic Analysis determined that the proiect at buildout has significant
impacts at the following:
. Intersections
OlaY Lakes Road / Vons Driyeway (Cumulatiye Impact)
Showroom Place / Fenton Street (Direct Impact)
These impacts can be mitigated by implementation of the following measures:
. Intersections
Olav Lakes Road / Vons Driveway:
Dualleft-tum lanes. one shared through / right lane should be provided in
the northbound approach and the existing signal phasing should be
modified to provide north / south protected phasing. LOS E conditions are
calculated prior to the addition of proiect traffic. The proiect traffic is
estimated to contribute towards worsening the existing condition. This
impact has been previously identified and these mitigation measures have
been previouslv recommended for the Eastlake Village Walk and Eastlake
30
EastLake Business Center II
Supplemental PFFP Amendment
Village Center Proiects. These mitigation measures have not vet been
implemented. It is recommended that these improvements be included in
the next CIP.
Showroom Place / Fenton Street:
Install a traffic signal when warrants are satisfied (expected to be needed
upon imolementation of Area B). Provide one shared through / right-turn
lane and one left-turn lane on southbound (outbound) Showroom Place.
Provide one left-turn lane and one right-turn lane on northbound Fenton
Street with right-turn overlao ohasing.
The LL&G Traffic Analvsis also concluded that an overall decrease in oeak hour
traffic would occur on the Otav Lakes Road street segment. from SR 125 to
Eastlake Parkwav. based on a comoarison of the prooosed oroiect to the aoproved
industrial land uses. The prooosed proiect trio generation was comoared bv
LL&G to the amount of traffic that would be generated bv the existing zoning
site land uses. LL&G determined that the proposed oroiect is calculated to
generate a net increase of 3.250 ADT. but 518 fewer trips during the AM peak
hour (452 fewer inbound trips and 66 fewer outbound trips) and 39 additional
trips during the PM oeak hour (290 additional inbound trios and 251 fewer
outbound trios). The lesser number of trios in the oeak hour volumes is due to the
modified land uses since each land use has different trip generation
characteristics. Therefore. the proiect is calculated to not significantlv imoact the
Otav Lakes Road segment.
1. Eastlake Desil!:n District
Analvsis of intersections and segments were conducted for the followinl!:
timeframes:
ExistingScenario 1 - Near-Term Without Proiect (Existing + Growth +
Cumulative Proiects)
. Scenario 2 - Near-Term with Area A (Proiect Phase I)
. Scenario 3 - Mid-Term (Near-Term without Proiect)
. Scenario 4 - Mid-Term With Proiect Area B (Phase II)
Scenario 5 - Year 2030 Without Proiect
Scenario 6 - Year 2030 With Proiect
2. Eastlake Corporate Center
Analvsis of intersections and segments were conducted for the followinl!:
timeframes:
. Existing
Scenario 1 - Near-Term Without Proiect (Existing + Growth +
Cumulative Proiects)
. Scenario 2 - Near-Term with Proiect
. Scenario 3 - Year 2030
31
EastLake Business Center II
Supplemental PFPP Amendment
5.3.1.4.
MASS TRANSIT:
The mass transit requirements were identified and required as part of the original
EastLake I PFFP in 1985. All of the provisions identified in the adopted EastLake I
PFFP and subsequent amendments shall remain in effect as a requirement of this
Supplemental PFFP, as amended, at buildout.
5.3.1.5.
TRANSPORTATION FACILITY REQUIREMENTS:
An analysis of Telegraph Canyon Road using the City's Transportation Management Plan
(TMP) methodology shows that Telegraph Canyon Road can accommodate project
traffic, especially since the project will add the majority of its generated traffic in the
counterflow direction on Telegraph Canyon Road. However, there is a "point" constraint
on Telegraph Canyon Road, the 1-805 northbound ramps intersection which LL&G
believes should be evaluated to provide a worst case analysis. This analysis showed that
a maximum of 42 gross acres could be developed before a significant impact (two second
increase in delay) would be calculated at this location assuming no new network is
provided in the eastern Territories.
The extension of Olympic Parkway from Brandywine Avenue to Paseo Ranchero was
found to partially, but not fully, mitigate the project impacts. Once Olympic Parkway
extends to Paseo Ranchero, 59 gross acres could be built before a significant impact
would be calculated. For the remaining 45.7 acres, the applicant must wait for Olympic
Parkway to be extended from Paseo Ranchero to Wueste Road or SR 125 is constructed.
These limitations are no longer in effect since Olvmpic Parkwav has been extended from
Paseo Ranchero to Wueste Road and SR 125 is eminent.
5.3.1.6. FINANCING TRAFFIC IMPROVEMENTS:
A. Transportation Development Impact Fees (TDIF):
On Deeember 7, 1993, the Chtila Viilla City COllHeil adapted Ordirumee 2580
ameOOiBg Offiinlmce 2251. The !lW'jlese of the eromanee is Ie eellcel developmeHt
impaet fees (OW) fer the eenstmetiea ef eireHlati8ll el_t trenspmtation faeilities to
aeeemmodate inereaseEl tftIffie geoofllteEl by new de'idopment in the eastem tel'l'iIeries.
The fee is $2,399 !ler Multi Family &.velling lmit aHd $99,950 fler gFess aare effcoti'/e
Janllilf)' 1,1995.
J\lso effeeti'/e Janllilf)' I, 1995 is an iHteflm pre SR 125 de'leleJlffieflt impaet fee
(Or-clinanee 2579) in the amoURt ef $820 !ler eEtlli-'lllieflt dwelling w1it (EDU) Ie
implement the !lre SR 125 ~. as deflBed in the study effiitled "Interim State Re\ite
125 PooHit}' F easibilit}' Sffidy" Elated May 1993.
The BastLake Besiness CeRter II !ll'6jeet is within the B01nlaries ef the Transfloflation
DW JlI'6gF1iffi IIBd are sul3jeet te the payment of the fees at the rates in effeet at the time
BlIilding fl~.uht;, are iSSlled. The DW erdinanee, flev.'tl'.'ef, Elees allow fer the issll!lflee
of credit in Iioo of fees WBea lIB eligible faeility is eellStrliete8 BY the JlI'6jeet. If the
total eligible eellStrlietion eost amellRIs Ie mere than the tetaI reEjliired DW fees as is
32
EastLake Business Center II
Supplemental PFFP Amendment
indieated belew, the ll'lIRI$([)evelefler will be given eredits teVl'tlfd futtlFe building
petmits outside efthe SPJ'. area
The TfIII1Sjlertatioo DW begimling JIIrllllU)' I, 1995 is $3,998 per gnu. BeeR Hew
single fwnily detaehed elwellmg is eoosiaerea eRe EDU fer the JlI:IIfleses ef this fee. .^.
single family attaehed dwelling is 9.8 EDITs. .^. lIIlit ',vithiH a IffilIti family dwelliHg is
eensidered (l.1l EOD's. CemmereiallOfliee is ehaFged at the rate ef 25.9 EOD's per
gross &ere of land.
The Interim Pre SR 125 DW begill:liBg JamiaFy I, 1995 is $829 per BOO. The Sllffie
BDD flItss aJlflly te the Interim Pre SR 125 DW as fertfle Tf61l5j'lertatieH DIF.
Area A. the 16.7 acre proiect area. has been built out and no additional TDIF is
reQuired. TDIF will be reauired for Area Band C at the time building permits are
reauested. See estimated TDIF for Area B and C.
Tf.BLE 5 3
TRANSPORT/'. nON & INTERIM: PRE 126 DlF FEES
TmHspol'ta8oB 011' IBteFim Pre SR 12S 011'
Llllld Use Aeres EOU's $3,998/ TmBsportati88 ~ sa 12S +etnJ
EOO Fee EDU Faetor Fee
Indllstrial ~ Nt'. 25/Gfess $Hl,191,759 25/Gress $2, 152,599 $12,617,2S0
Aefe Aefe
~ $10,191,7S0 $2,lS2,SOO $12 /i17,2S0
Land Use Acreal!e Transportation Fee' per Total
Industrial Acre
Industrial 27.36 $86.218 $2.358.924
TABLE 5-7
ESTIMATED TRANSPORT A TION DIF FEES FOR AREA B & C
B. Traffic Signal Fee:
FutlIre de...elejlffient ef! the BastLake BlISiResS CBIlter II p~eet will be reqeired ts pay
Tmffie Sigalll Fees JllHSlIlIflt te COOla Vista Cooneil Peliey tie. 475 91. The fee is
ellleulated at $13 .99 per vemele Irijl gellBfBted per day fer 'l6l'isHS lalld use eategeries.
Based Uflef! the LL&G FBflsfl the fees fer BastLaI<e BusiHess CeIlter II JlfBjeet are
estimated at $115,839 (8,919 :\DT).
Area A: Tbe 16.7 acre proiect area has been built out and no additional Traffic Signal
Fees are reQuired.
Area B: Tbe Applicant/Develooer shall be reauired to enter into an agreement with the
city to design and construct a traffic signal at the intersection of Showroom Place and
F enron Street. In addition. Traffic Signal F res will be reauired for Area B at the time
building permits are issued.
Area C: Traffic Signa! Fees are reauired for Area C at the issuance of building permits.
I Table based on Citv of Chula Vista Fonn 5509. dated 9/25/2007. Actual fee mav be different. Dlease
verifY with the Citv ofChula Vista at the time ofbuildine: Dennit.
33
EastLake Business Center II
Supplemental PFFP Amendment
Land Use Area ADT Traffic Sil!:nal Fee2 Total
Industrial B 5.440 $28.55 $155.312
Industrial C 3.950 $28.55 $112.773
9390 $268 085
TABLE 5-7A
TRAFFIC SINGALFEES FOR AREA B & C
5.3.1.7. THRESHOLD COMPLIANCE:
Threshold compliance will continue to be monitored through the annual intersection
monitoring program and the Eastern ChuIa Vista Transportation Phasing Plan updates.
Based Hj'len the BastLake BlI5iReGS Center II Traffic Impaet f.Ilalysis dated OeteBer 13, 1999,
The Supplemental PFFP Amendment circulation is based on the Traffic Impact Analvsis.
EastLake Design District bv LL&G. dated Aul!:Ust 7. 2007 and the Traffic Impact Analvsis.
EastLake Corporate Center bv LL&G dated Aul!:Ust 9. 2007. threshela Threshold compliance
is projected to be maintained with implementation of the improvements that were identified
above to have a significant impact and with the payment of transPortation impact fees or the
construction of street improvements identified herein.
The EastLake Business Center II project shall Be was built in four phases. Phase lA will
includeg construction of entrances to the project from Fenton Street, portions of the Fenton
Street extension and gtreet "/"J.." Harold Place, and the development of Lots 1 and 6 (orilrinal
1M numberstlocated at the northwest and northeast comer of Fenton and Harold Place. Phase
1 B will consisted of the completion of the Fenton Street extension and development of Lots 7
through 10 (original 1M lot numbers 7-9 included Area C and lot 10 included a part of Area
ill. Phase 2A will included the completion of Street "A" Harold Place and development of the
remaininl!: frontage lots. (Lots 2 through 51. Lots fronting on Harold Place have been built out.
Phase 2B construction will include4 the construction of ~et "B" Showroom Place and
development of the remaining Lots 11 through 16 (Jots 11-13 included Area B except for lot 10
and lots 14-16 included Area A).
PfiaseG If. ana IB '.vill eensist ef aWfel6mately 42 gress _s. The Tmflie :\.-Jalysis iRElieatcs
that up te 42 aeres egress aereage inelOOing ptlblie streets) efthe prejeet eauld be lmik \vithellt
Bl[eeeamg City Thresilald StaHllards.
Phose If. De7e1apment:
Pee L^. \\~Il iflelooe eenslmetien af entmHees te the projeet Ham PealeR ~et, peFliens
aftfie Penten Street elaensien BfIa gtreet "N', ana ae'ielepment efLets 1 8fIa 6.
L\ Required ImpAYiements:
1. Install all way step at the intemeetion ef Lane kieflue and Pentoo Street prior te
awre'ilIl eflbe first GmdiRg Plan.
2 Table based on City of Chula Vista Form 5509. dated 9/25/2007. Actual fee mav be different. nlease
verify with the City ofChula Vista at the time ofbuildine nermit.
34
EastLake Business Center II
Supplemental PFFP Amendment
2. Censlmet fler City Desiga Standards eT guamntee tlie eonstme-tien, agree Ie eeHStniet
",,,I seRStruet II sill de 500, Ie the sa-tisfuetiea of tlie City Engineer, at the easterly
terBlmllS of 80S well Rila6 Jlrier te lIPj'lFeVal eflhe HfSt fiRaI MRfl.
3. Pay Tl'llIISfleltatisR DIF, Interim Pi"e SR 125 DIF BREI Traffie Sigtllll Fee.
Phllse 18 Denlopment:
Phase IB ....~1I eSRSist ef the 68ffij'lletieR sf tlie FeRteR Street 8xtell5iOn, eanstflletieR sf II
flsmeR of Street "8,"!ll1d Eieveil~flment afLets 7 tr.roHgh HI.
IA RequiFed Imj'lroycmcnts:
I. CORstfllet fler City Desiga StBnElaffis er gHlIfllBtee tlie esllSlrue-tian, agr-ee Ie eaRStruet
lIRd eenstmet the median medifieati8ft at tile iHtefSeetion Elf F enten Streel,lOtay Lakes
Rea6 Jlrisr Ie lIJlIlroVal aftile Final Map.
2. Install a fully aeti'lllIed tmfiie sigtllll, ineludiBg intereellB6et wiring ami J*l!1 Fefle as
deteumned BY the City Engineer, at the interneetisn sf Fenten Street BRd Otay Lakt1s
Read Jlrier te lIJlIlffiVal sf the Final MRfl.
3. Pay TfIII15fJElrtatieR DIF, Interim Pre SR 125 DIF BREI Traffie SigDaI fee.
Phase U. De'/elopment:
Phase 21'. will inehitle eempletieR efSlreet "f." aHEI develejlHleHt efLets 2 tflroagh 4.
21. R-equiTed Improvements:
I. Ceflslrnet per City Desiga Standllfds eT gHlIfllBtee the eenstruetieR, agree ts ee!1stfllet
BREI eeRStFuet etiI de sacs fer Street /\ at the tll!'ffltiRls ef Street f. BREI, flHElr Is aflfJffival
eftlie FiRaI Mafl.
2. Guarantee the iflstaIlatien, agree te iHStalI !ll1d install all aR site f enteR Street
iffij'lrovemeflls, iflemdiBg lIBElefgr8llfld iffij'lro'/em6flts, traflie sigtllll staRElaffis '.vith
IlI!RiHllries, as deteHBined By the City BHgifleer, fer tlie iRtersee-tieR sf LIIfl6 /\ venue!
FenteR Street fFem tlie '....estefly sooaivisieR Belffidary Ie Street f. prier ts aflfJffival ef
the een espeRaing fiHaI map.
3. Pay TfIII1Sj'lsrtatiaR DIP, Interim Pre SR 125 DIF !ll1d Traffie Signal Fee.
NEl aevelej'lment (is_e efBaildiHg j'lem1its~ Beyeoo a eameifled tetal sf 59 (Baild ellt) gf8ss
oores aRee Olymflie Parkway fFem I 895 te HlIIlte Parkway is eSffij'lIeted BRa ooe6jlted By the
Gilf.
Phase 28 Development:
Phase 2B ean Be BHik after OI)'ffiflie PBfk\vay fFem PlI568 Ranehero te WlIeste Read is
eSffiJ'lIeted ST the esmpletioo ef tlie e8B5lr\ietisR ef SR 125. Phase 2B eeflSlfl.retieR '.vill ifleltiEle
eeffiJ'lletian af Street "B" BRa ae'/eIBjlHleBt ef the remaining Lets whieh ifleltides 5 !ll1d II
tI-.IBllgli Hi.
28 Required ImpFUycments:
I . Canstmet j'ler City Desiga SleBEIaffis eF gutIflIfltee The esnstmetien, agree Ie eellillruet
lIRa eel1Stmet etiI de sacs fer Street B at the terrninlI5 sf Street B ana, j'lfler te lIJlIlI8';a\
efthe Final Map.
2. Pay TfIII15fJsrtatien DIP, Interim Pre SR 125 DIF ana Traffie Sigaal Fee.
35
EastLake Business Center II
Supplemental PFFP Amendment
."flY ehanges in the phasing will neea te Be RJ3J3f6'1ea BY either the City HHgineer of Direeter sf
PIIlT_"liRg ana BHiIEling.
1. Area A: In the near-term with development of Area A. all segments are calculated to
ooerate at a LOS C or better. The segment of Eastlake Parkway between Fenton Street
and Otav Lakes Road is calculated to operate at an LOS D.
2. Area B: The Applicant/Develooer shall be reauired to enter into an agreement to
design, construct. and secure a fully actuated traffic signal including interconnect
wiring, mast arms. signal heads and associated eauipment. underground improvements.
standards and luminaries prior to completing development of Area B at the intersection
of Showroom Place and Fenton Street or as determined and approved bv the City
Engineer. The Applicant/Develooer shall bond for the signal improvement prior to the
issuance of the first building oennit for Area B. The bond shall be in an amount equal
to 200% of the engineer's estimate for development of Area B. If signa! plans are
submitted prior to the first building oermit for Area B with an approved engineer's cost
estimate, then the bond may be reduced to as low as IOO% of the estimated cost. The
ApJllicant/Develooer shall also provide one shared through/right-turn lane and one left-
turn lane on southbound (outbound) Showroom Place. The Applicant/Develooer shall
also provide one left-turn lane and one right-turn lane on northbound Fenton Street with
right-turn overlap phasing.
Area B will be used for BC-4 uses instead of specialty retail. BC-4 uses are industrial
in nature and have less daily trip generation potential than soecialtv retail uses. which
were analyzed in the traffic studv. The City Engineering Department has determined
that this change will not result in any additional daily trip generation.
Prior to the issuance of the first building permit for Area B the Applicant/Develooer
shall pay the reauired row and Traffic Sil!llal Fees.
3. Area C: Prior to the issuance of the first building permit for Area C the
Applicant/Develooer shall pay the reauired amount of row as confirmed bv the City
of Chula Vista City Engineer to cover its share of the cost of improvements at the
intersection of Otav Lakes Rd/Vons Driveway. as described in the Proiect's Traffic
Impact Analysis (Seotember 10. 2007),
Fenton Street / Hitachi Place / Harold Place: Prior to occupancy oermits for Area C. the
Applicant/Develooer shall provide one left-turn lane and one through / right turn lane
on all approaches. with Two-Way STOP Control in the North / South direction or as
determined and approved bv the City Engineer. Provide additional striping and traffic
control on Hitachi Place (Main Drivewav) as shown in the LL&G Traffic Analysis.
Prior to the issuance of the first building oennit for Area C the Applicant/Develooer
shall pay the required roIF and Traffic Signal Fees.
36
EastLake Business Center II
Supplemental PFFP Amendment
----r---------
Bos_1I Rd. 1
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~ fASTLAKE.1
A planned community by The EutLake Company
A - 84'Industrial Street
with Median
B - 72' Indust. St. with
Thematic Corridor
C - 72'Industrial Street
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1-6-H
Exhibit 8
37
EastLake Business Center II
Supplemental PPFP Amendment
5.3.2.
POLICE
5.3.2.1
CITY THRESHOLD STANDARDS:
Police Services are provided by the City of Chula Vista Police Department. The purpose
of the TIrreshold Standard is to maintain or improve the current level of police services
throughout the City by ensuring that adequate levels of staff, equipment and training are
provided.
A. Emergency Response (Prioritv It properly equipped and staffed police units shall
respond to 84 .li percent of "Priority One" emergency calls within seven (7}
minutes and maintain an average response time to all "Priority One" emergency
calls of ~ five minutes and thirtv seconds (5.5 minutes) or less (measured
annuallv).
B. Urgent Response (Prioritv m: properlv equipped and staffed police units shall
respond to fu? 57 percent of "Priority Two Urgent" calls within seven (7} minutes
and maintain an average response time to all "Priority Two" calls of seven 1
minutes and thirtY seconds (7.5 minutes) or less (measured annuallv).
5.3.2.2. EXISTING CONDITIONS:
Police protection for the EastLake II project is provided by the Chula Vista Police
Department (CVPD). The CVPD is headquartered in its new facility located at m 315
Fourth Avenue in Chula Vista. Currently, CVPD maintains a staff of +19 approximatelv
258 sworn officers and lQ approximatelv 98 civilian/support personnel. The department
is recruiting new officers and has approximatelv IS officers in training either in the field
or in the academv. The EastLake Business Center II project is east af within police patrol
beat 32, which is served by one patrol car 24 hours per day.
5.3.2.3. ADEQUACY ANALYSIS:
Based upon the Growth Management Oversight Commission -l-991 2007 Annual Report
dated AJlril1998 August 2007, both measures for Priority I Calls for Service (CFS) were
met, while aHly aHe sf the t'.\"a meaSIiFBS fer PriaFity I CFS was met. For Priority I CFS,
the Police Department responded to 83.,& 82.3% of the calls within an average of ~ 4.85
minutes. The Priority II CFS has not been met for several vears. For Priority II CFS. the
department responded to 40% of the calls within an average of 12.5 minutes. The
GMOC has submitted recommendations for continued improvement of the response to
priority II CFS. Included in the recommendations is a call for City Council slIflJlert af the
Psliee Department's effaFts te adelltlately staff and fliRd the eampletiaR af a laBg range
strategie plan to direct the City Manager to have the Police Department prepare and
implement an action plan addressing the departments performance in meeting the
threshold for Prioritv II calls. It was further recommended that the plan be completed in
2008 so that progress in development and implementation can be reflected in the
department's next report to the GMOC.
38
EastLake Business Center II
Supplemental PFFP Amendment
5.3.2.4. POLICE FACILITY REQUIREMENTS:
The development of the Business Center II project as amended. will incrementally increase the
demand for police services. TIle developmell.t of the prejeet has the potential of impaet of 475
eljlli'llIiell.t dVlelling wJits (BOO) whicR '.vill increase the poJ*l!atiofl by appfe)[fmately 1428
persBHS (3.007 persons per dwelling mH). }.eeeffiiag te City sttmElartls, this pBplliation '.viII
reljllire an additional 2.9 officers (U8 offieers!I,999 eitiz,ens) phiS al"l"felBmntely 2.8 SlIjlpeFt
staff te maiHlaiH _nt levels of police service. In addition, appfelBmately 444.5 sljllilFe feet
of police faeilities 'NOWa be reljllirea to Roase the additional 2.0 officers (222.25 SEjaaFe feet per
officer). Since the approval of the EastLake Business Center II proiect in 1999. the CVPD has
had a nearlv 30% increase in officer staffmg. The deoartment is properlv equipped and staffed
to meet Priority I thresholds. however in previous vears. the number of actual on-duty staff was
substantiallv lower than the number of authorized and/or emploved patrol officers: it appeared
that priority II thresholds were not met as a result of the. low actual on-duty staffing levels. The
Denartment has recentlv reached full authorized staffing and expects a full complement of
trained patrol officers to be working in the field. In addition. the new headquarters facility at
315 Fourth Avenue is expected to be adequate through the build-out of eastern Chula Vista.
Although the overall number of calls for service. as well as the number of Priority II calls have
not increased during the Past reporting period. Priority II CFS to the department's largest
geographical beat - beat 32 - increased 9"10 since the last repOrting period. The denartment
proiects that additional staff mav be necessary for at least one additional beat in the Eastern
part of the City.
5.3.1.5. DEVELOPMENT PHASING
The EastLake Business Center II parcels are within the Prioritv I response time that meets
the Threshold Standards.
5.3.1.6. FINANCING POLICE FACILITIES
In January, 1991 the City of Chula Vista City Council adopted Ordinance No. 2320
establishing a Development Impact Fee to pay for various public facilities within the City of
Chula Vista. TIle fooilities are required te Slijlfl6fl future development witlliR the City and the
fee sehedllie Ras been adapted in aecoreanee ....<ith Go';emment Code geetiBn 66999. The
pfepBsed HeW fee is $2,618.99 per equY.'ftlent Ekvelliag mH. The Public Facilities Development
Impact Fee (J'FDIF) is adiusted eveN October I" pursuant to Ordinance 3050. which was adopted bv
the City Council on November 7. 2006. The current fee for commercial (including office)
development is $25.874/acre and industrial development is $8.173/acre. This amount is subiect
to change as it is amended from time to time. Area A is built out and will not be obligated to
pav PFDIF fees. Area B and C will pav PFDIF fees at the time building oennits are obtained.
At the current fee rate. the estimated obligation for Area B and C at buildout is $41.724.00 (see
Table 5_8)3.
3 Fee based on Form 5509 dated 9/25/2007. Actual fee may be different. Dlease verify with the City of
Chula Vista at the time ofbuildine Dermit.
39
EastLake Business Center II
Supplemental PFFP Amendment
The JlertioR ef tile fee attriButable te the Jleliee serviees iR the Jlreflesea program is
$735iEDU.
The EailtLake B\lsiRess CeRter II projeet is withiR the BO\lRaaries ef the PIIBlie Faeilities
DlF Pre gram aIla, therefore, tile Jlrejeet 'Nil! Be sOOjeet te the pa)'meRt ef the fee at the
rate iR eff-eet at the time BllilaiRg Jleffilits are iss\lea. At the eurreRt fee mte, tile EastLake
BlIsiRess Center II S\lflfllemeRtal SP,', Plall eBligatieR at Builao\lt is $319,125.QO
Poliee Fee @ Polite Fee fer
De-;elopmeRt Phase EJW!s EastLal<e Business
!:73SIEDU
Center II
EastLal,e Business m !:319,12S !:319,12S
Center II
Tl.BLE 5 1
POLICE FEE FOR BUSINESS CENTER II
EDU's Basea 8n 5 awelling units per gF8SS aere minus publie streets.
Develooment Acrea!!e Police Feel Police Fee for
Area Industrial Acre Area B & C
AreaB&C 27.36 $1.525 $41.724
TABLE 5-8
POLICE FEE
5.3.1.7. THRESHOLD COMPLIANCE AND RECOMMENDATIONS
The City will continue to monitor police responses to calls for service in both the
Emergency (priority one) and Urgent (priority two) categories and report the results to
the GMOC on an annual basis. In aaaitien, the fallewing requiremeRts shall Be
aaar-essea:
Compliance ....411 Be has been satisfied with the payment of Public Facilities Fees. The
JlFOJleSea project will Be was required to pay public facilities fees for police services
based on e'llli'/aleRt awelling IIRits BY ae'/eleflmeRt Jlhase at the rate in effect the time
building permits III'e were issued. Remaining unbuilt lots in Area B and C will pav current
DW fees at the time building Permits are issued.
Currently, the police department is addressing the threshold standard for deficiency by
JlrepariRg a leng ffiRge requesting funding for a 5-vear strategic plan aIla a Jleliee faeility
master JlI!lfl. The strategic plan will evaluate service levels, staff levels, methods of
development, and any other factors related to service delivery. This will a1se inclllae an
e'/allIatieR ef the establishea tbreshela, which may Reea te Be adjllstea. The JlllBlie
faeility master plall will aaaress tile JlessiBility ef releeating the 611FFent Jleliee faeility te
a Blere eeBtFalloeatioR.
40
EastLake Business Center II
Supplemental PFFP Amendment
5.3.3. FIRE AND EMERGENCY MEDICAL
5.3.3.1. THRESHOLD STANDARD:
Fire and Emergency Medical Services are provided by the City of Chula Vista Fire
Department (CVFD). Emen!encv Medical Services (EMS) is provided on a contract
basis with American Medical Response (AMR)' The City also has county wide mutual
aid agreements with surrounding agencies should the need arise for their assistance. The
purpose of the Threshold Standard and the monitoring of response times is to maintain
and improve the current level of fire protection and emergeHey medical services (EMSj
in the City. Fire/EMS facilities are provided for in the 1997 Fire Station Master Plan,
lIated MllI"e11 23, 1989 as amended. The Master Plan indicates that response time is
primarily determined by the number and location of fire stations. The Fire Station Master
Plan evaluates the planning area's fire coverage needs, and recommends aH eight a nine
f2Lstation network at buildout to maintain compliance with the threshold standard (see
Table 5-5).
Emergency response: Properly equipped and staffed fire and medical units shall respond
to calls throughout the City within seven (7) minutes in ~ 80 percent (current service to
be verified) of the cases (measured annually).
5.3.3.2. EXISTING CONDITIONS:
Clffi'eHtly, the City ef Ciulla Vista Fire Dejlartmeat (CVFD) jlreyiees twe tire facilities to
serve the Ba:;tLake area. These twe facilities llI"e Fire StatieH }!e. 1 loeatell at 861 Otay
Lakes Read and Iaterim Fire StatioH Ne. 6 loeates at 975 LllIle k/eHue. Fire StatioH }!o.
1 pre'/illes baek'l1jl aHS sHjlflert to IHterim Ne. 6.
City staff recently eemjlletes the 1998 Fire StatieH Master FlaB Upoote '",hiek is refleFtes
te aaeljHately aedress future tire aeess. The Hf'lIate may Be eOHsiserell fer adejltieH by
the City CeHHeil iH the Belli" future.
There are currentlv eight (8) citv stations and one (I) fire protection district station
serving the Citv of Chula Vista. The existing and future stations are listed below:
41
EastLake Business Center ]I
Supplemental PFPP Amendment
CHULA VISTA EXISTING FACILITIES LOCATION
Station # I & Fire Prevention Bureau 447 "F" Street
Station #2 80 East" J" Street
Station #3 1410 Brand wine
Station #4 + Fire Trainina Tower 850 Paseo Ranchero
Station #5 (Montaome~\ 391 Oxford Street
Station #6 605 Mt. Miallel Rd.
Station #7 (Otav Ranch \ 1640 Santa Venetia
Station #8 (Woods Fire StatioO\ 1180 Woods Drive
COUNTY FIRE PROTECTION DISTRICT
FACILITY'
Bonita/Sunnvside Fire Protection Dist. 4900 Bonita Road
PLANNED CHULA VISTA FACILITIES COST ESTIMATE'
Station #5 Ito be reconstructed\ 391 Oxford Street ~1 200000
Station #9 EVC None Established
OTHER CAPITAL IMPROVEMENTS
Public Safetv Communications ICADIRMS\ Disnatch Center ~4 612 050
Public Safetv Communications (800MHz) Citvwide None Established
Brush Enaine Eastern Territories ~225 000
TABLE 5-9
FIRE STATION INVENTORY
5.3.3.3.
ADEQUACY ANALYSIS:
Two Hre matiolls are ill Blase j:1faJdmity ta the j:1rojeet site. Olle, a teffiJ:lorary [aeility, is
laeated ill the EastLake Bllsilless Ceater, immediately adjaeellt to the j:1fBjeet site. The
statioll will be relaeeted to a Ilew peFffi8!lellt site as the City's Fire Master PlaIl is
imjJlemellted. The Hllalleeatioll af the Ilev; j:1eFffi&llellt site has yet ta be dete_illed. It is
aIltieij:1ated that the site ,,;i11 be ill elose j:1raJ[imily to EastLake Bllsilless CentlJf. ,^. seeelld
statioll is leeated ajJj:1reJdmately 5 milllltes away ell Olay Lakes Read, sollth ef East "H"
Street. This statiell is j:1lar.ned ta be reloeatlJd te the RaIlBhe del Rey eemlflllllity te the
west afEastLake.
The Bllsilless ClJnter II j:1rejeet is ,...ithill the enistillg Fire 8!ld EMS Faeility resj:1ollse
times that meet the Threshald Stalldards.
The CVFD currentlv serves the EastLake Business Center II area. The closest CVFD
stations to the proiect site are:
. Fire Station #8. the "Woods Fire Station" located at 1180 Woods Drive (this
station would respond first).
. Fire Station #6. located at 605 Mt. Miguel Road.
· The Citv of Chula Vista has an Automatic Aid Al!Teement with Bonita/Sunnvside and the cities of
National Citv. Imoerial Beach. Coronado and San Die!!o.
, Cost Estimates are anotOximate fi!!ures and subiect to refinement bv the Citv ofChula Vista.
42
EastLake Business Center II
Supplemental PFFP Amendment
. Fire Station #7. located at 1640 Rancho Venetia Road. Olav Ranch Village 2.
. Fire Station #4. located at Paseo Ranchero. Rancho Del Rev
The Fire/EMS response time threshold was met for calendar vear 2006. This is the
second vear in a row that the CVFD met the threshold even with a substantial increase in
the number of reported emergencv calls. Dispatch time improved significantlv with full
operation of its dispatch center.
TABLE5-9A
FIREIEMS - EMERGENCY RESPONSE TIMES SINCE 1994
Years Call Volume % of All Call ResDonse
Within 7:00 Minutes
CY 2006 10.390 85.2%
CY 2005 9.907 81.6%
FY 2003-04 8.420 72.9%
FY 2002-03 8.088 75.5%
FY 2001-02 7.626 69.7%
FY 2000-01 7.128 80.8%
FY 1999-00 6.654 79.7%
CY 1999 6.344 77.2%
CY 1998 4.119 81.9%
CY 1997 6.275 82.4%
CY 1996 6.1 03 79.4%
CY 1995 5.885 80.0%
CY 1994 5.701 81.7%
Source: GMOC 2007 Annual ReDor!
5.3.3.4. FIRE & EMS FACILITY REQUIREMENTS:
f.nneJllltien ef Bllsiness Ceflter II imo EastLake II and its sueseqllem sevelopmem wOIIIs
net ehange the nees for fire ser"/iee in the area as preyiellsly analyzes in the BastLake
Ill/Olympic TraiBiBg Cemer BIR (City ef Cilula Vista 1990). The Chula Vista Fire
Department currently meets the standard threshold for fire protection for the EastLake II
area. The station nearest to the EastLake Business Center II proiect is Fire Station #8.
This station is within the EastLake Woods neighborhood approximatelv less than a mile
from the proiect area. Interim Fire Statien No.6, lecates at 973 Lane .',venlle in
Bllsiness Center I, wOIIIs Be the primary station to sefYe BlIsiness Cemer II. In the long
teffll, Fire StatioB No.6 will Be relocates to East "H" Street and San Miguel Road and
Fire Station }Io. 8 will be constructed fer the Salt Creek Ranch '",hen BastLake Trails is
fully seyelepes.
43
EastLake Business Center II
Supplemental PFFP Amendment
5.3.3.6.
FINANCING FIRE & EMS FACILITIES:
In January 1991, the Chula Vista City Council adopted Ordinance No. 2320 establishing
a Development Impact Fee to pay for nine categories of public facilities within the City
of Chula Vista. The facilities are required to support future development within the City
and the fee schedule has been adopted in accordance with Government Code Section
66000. The fees were afllllltea lly aaefltieR ef OflliHBllee tie. 2551 eR ,"<pril 27, 1993.
The flreflesea He..... fee is $2,618 fler elj:liivaleRt awelliRg UBit. The Public Facilities
Development Impact Fee (PFDIF) is adiusted every October 1st pursuant to Ordinance
3050. which was adopted bv the City Council on November 7. 2006. The current fee for
commercial (including office) development is $25J81/acre and industrial development is
$8.173/acre. This amount is subiect to change as it is amended from time to time. Area
A is built out and will not be obligated to pav PFDlF fees. Area B and C will pav PFDlF
fees at the time building permits are obtained. At the current fee rate. the estimated
obligation for Area Band Cat buildout is $16.470.00 (see Table 5-10)6.
The pertioH ef the prepesell fee attriblltable fer Fire lIfla EMS is $203/BDU
De'/elepmellt Fire Fee @ Fire & EMS Fee
BDU's $203/EDU Per Fer BusiHess
P.ftese CeRter II
BHsiRess Cellter II ~ $96, 125 $96, 125
TABLES !Ii
FIIlEI-EMS FEE FOR BBSINESS CENTER II
EDU's B..ed aa 5 dwolliag uails por grass aero minus pUBlie moet..
Development Area Acreal!:e Fire & EMS Feel Police Fee for
Industrial Acre AreaB&C
Area B & C 27.36 $602 $16.470
TABLE 5-10
FIRE & EMS FEE FOR BUSINESS CENTER II Area B & C
By prior agreement, the EastLake Development Company established a credit in the
amount of $616,153.00 by establishing the temporary fire station in the EastLake
Business Center. In recognition of the cost of this facility, the City has been providing
credits towards the payment of the fire component of the Public Facilities DIF amount.
}\s ef Septemller 30, 1999, the remaiBiRg ereait balllllee 'NlIS $335,581.70 (per Bell
BeemBH, City ef Cffilla Vista). It is iBteBaell that tile fire eeffijleReRt ef tile PFDIF
ealeallltea iR table 5 5 abeye '.vill furtiler redHee tilis erellit llalaHee, if BB)'.
The prejeet will lle sl:lbjeet te the PBYmeRt ef the fee lit the rate iR etTeet lit tile time
permits Bf'e issuell. ".t tile eUffeRt fee rate, the EastLal.e BusiRess CeRter II ellligatieR lit
llHilaellt is $96,125.
6 Fee based on Form 5509 dated 9/25(2007. Actual fee mav be different. Dlease verify with the City of
Chula Vista at the time ofbuildin2 Dermit.
44
EastLake Business Center II
Supplemental PFFP Amendment
5.3.3.7. THRESHOLD COMPLIANCE ACCOMMODATION:
The City will continue to monitor fire department responses to emergency fire and
medical calls and report the results to the GMOC on an annual basis. Remaining unbuilt
lots in Area B and C will DaV current DIF fees or aoolv available credits at the time building
permits are issued. In llElElitisa, tile fella'""iag reEluirements shall Be addressed. The
Bllsilless Ceme! II will Be eSllditieflee te pay poolie fueilities fees at tile rate ill eITcet at
tile time BHileillg permits are issHee. These fiFe eaaeitislls are alsa eescrieee ill the
PHBlie Faeilities FillllReillg PlllfIs (PFFP) far tfle EastLake II SP.'., whieh eeseriees poolie
facilities fees far fire llfIe emergelley meeieal ser/iees Basee an eElllivalem e.welliag lHlits
BY eevelspmem phase. IllelHsiall af the prajeet ill the PFFP welde allaw aeeeptable fire
pmtectian respallse times ill the area at eHileellt.
5.3.4.
SCHOOLS
The proposed project will not generate an increase in dwelling units or population in the
project area. Therefore, the prior annexation of the business park into EastLake II. the
conversion of 16.7 acres of industrial land to commercial use for Area A. the change in
land use district designation for Area B and C. and the proposed five stOry hotel and four
stOry office building on Area C will not result in a need for new or altered school facilities
or services.
5.3.5. LIBRARIES:
The proposed project will not generate an increase in dwelling units or population in the
project area. Therefore, the annexation of the business park into EastLake II and the
conversion of 16.7 acres of industrial land to commercial use for Area A. the change in
land use district designation for Area B and C. and the proposed five stOry hotel and four
stOry office building on Area C will not result in a need for Library services.
5.3.6. PARKS AND RECREATION:
The proposed project will not generate an increase in dwelling units or population in the
project area. Therefore, the annexation of the business park into EastLake II and the
conversion of 16.7 acres of industrial land to commercial use for Area A. the change in
land use district designation for Area B and C. and the 9roposed five stOry hotel and four
stOry office building on Area C will not result in a need for new parks or park services.
45
EastLake Business Center II
Supplemental PFFP Amendment
5.3.7 WATER
5.3.7.1 CITY THRESHOLD STANDARDS:
A. Potable Water:
Objectives and thresholds for water quality and availability have been determined by the
City of Chula Vista. To ensure that water quality standards are not decreased during
development and that adequate storage and construction of facilities occurs concurrently
with growth, the City of Chula Vista requires a service availability letter from the water
district for each project. A 12- to 18-month development forecast from the City and the
County Water Authority (CW A) to the Otay Water District (OWD), requesting
information on water availability, current capacity, storage capacity, and quality is also
required. The Growth Management Oversight Committee (GMOC) reviews impacts to
water availability and quality on an annual basis, after reviewing the water district's
response letters. The GMOC then presents its reports to the City Council of Chula Vista
with its determination.
B. Recycled Water:
Currently, the City of Chula Vista does not have threshold standards for Recycled water
quality and availability.
5.3.7.2. EXISTING CONDITIONS:
A. Potable Water:
The approximate 104.7 gross acre (74.8 net acres) EastLake Business Center II is located
within the OWD Central Service Area and is incorporated in Improvement District (LD.)
27. Pursuant to the Triad Agreement, that was entered into between the EastLake
Company and OWD on May 31,1989, all parcels within the EastLake Business Center II
are required to annex into OWD's Improvement District (LD.) 22 prior to approval of
plans or water service being available.
The Triad Agreement established a capacity fee per EDU for the majority of the EastLake
development that is intended to fund construction of regional storage facilities. As shown
in Table 5-6 11. the Triad Agreement includes 9,355 EDU's for the EastLake
development. Of this amount, EastLake has constructed 2,731 EDU's in the Greens
subdivision and is currently developing 1,481 planned EDU's in the Trails subdivision.
Additionally, EastLake has relinquished 1,450 EDU's back to OWD. Per the agreement,
all of the planned Business Center II, totaling 648 EDU's, will be counted against the
total EastLake EDU allocation in the Triad Agreement and will be required to pay
capacity fees as specified in the agreement.
46
EastLake Business Center II
Supplemental PFFP Amendment
Existing and Business Total
Approved . Relinquished** Subtotal Remaining
Develonment Center II Allocation
4,212 648 1,450 6,310 9,355 3,045
TABLE 5-' 11
EASTLAKE TRIAD AGREEMENT EDU BALANCE
.
EDU's based on conversion factor for commercial development equal to 6 EDU's per gross acre
as given in the Triad Agreement
Per July 2, 1996 letter from EastLake Development Company to Otay Water District
..
Potable water is provided to the Central Service Area by the San Diego County Water
Authority via the Second San Diego Aqueduct. Water is delivered at Aqueduct
connections No. 10 and No. 12 (former connections No.4 and No.9) and is conveyed by
gravity to OWD's emergency/operating reservoirs at a grade of 624 feet. Water is then
pumped from the 624 Zone to the 711 and 980 Zones.
The Central Area Pump Station located at the Patzig 624 Reservoir site, pumps water to
the 711 distribution system and storage reservoirs. The 980 Zone is supplied by the
EastLake Pump Station, which lifts water from the 711 Zone distribution system to the
980 Zone distribution system and storage reservoirs.
There are two existing reservoirs in the 980 Zone system, designated as the 980-1 and
980-2 Reservoirs. The reservoirs are located within the Otay Water District Use Area
situated north of the Rolling Hills Ranch development. The reservoirs have a capacity of
five million gallons (MG) each for a total of 10 MG.
Potable water eaR be is delivered to the EastLake Business Center II through existing
transmission mains in Lane A venue and Otay Lakes Road. The pfepSSea on-site
distribution system will connect~ to the 20-inch 980 Zone main in Otay Lakes Road and
the 16-inch main in Fenton Street. Connections to both existing transmission mains elIft
be made as Jlalt sf Phase L^. develspment, prBvidiftg provides redundant sources of
supply to the project.
B. Recycled Water:
Recycled water supply is currently available to the EastLake area from the 1.3 million
gallon per day (mgd) capacity Ralph W. Chapman Water Recycling Facility located near
the intersection of Singer Lane and Highway 94. Recycled water is delivered to storage
ponds located in OWD Use Area situated north of Proctor Valley Road. The ponds
operate with a high water level of approximately 950 feet. The EastLake Business Center
II will receive~ recycled water from the existing 20-inch 950 Zone transmission main in
Otay Lakes Road.
Supplemental recycled water supply '.vill be iLavailable from the City of San Diego's
planned 7 is mgd capacity South Bay Water Reclamation Plant, which has an Ilfttieipated
eompletillft date sf year 2()()1. was completed in 2002. The plant will be is located in the
Tijuana River Valley near the Mexican border. Construction of the supplv-link proiect
pipeline bel!an in October 2005 and was completed in the Sprinl! of2007. Deliveries to
47
EastLake Business Center II
Supplemental PFFP Amendment
OWD will be pumped lip to the planFloa through the supplv-link pipeline to the 680 Zone
Recycled Reservoir te-be located in EastLake Greens. OWD will AII-ye has the option of
pumping recycled water from the 680 Zone reservoir to supply 950 Zone demands.
5.3.7.4
WATER FACILITY REQUIREMENTS
A. Potable Water:
Water demands for the EastLake Business Center II were projected using unit water demand
factors in the tImft Sub-Area Master Plan (Thaft SAMP) for the EastLake Business Center II
project by John Powell & Associates, August 1999. An Otay Water District approved SAMP
will be lli required prior to processing water improvement plans. Water demands for the
development were projected using unit water demand factors from OWD's Water Resources
Master Plan (Master Plan).
PFefleoea laad Land use within the Business Center II .,,/ill be elfelusively is predominatelv
industrial with some limited commercial designations. The potable water lIemllIl6 is
SWBffiIlI'izea in the fellowiag table (fable 5 7).
TABLE S 7!!
EDD's FOR WATER USAGE
1- I~; I :;:; I ":: I
BquivaleRI UwelliRg URils (BOO's) based OR oam'ersiaR faolar af 6 BUD's ~er grass aOfe as s~eoiHed iR
Triad AgreemeRI
Table 5-8 12 presents the unit water demand factors and projected average annual day (AAD)
water demands for the 1999 Supplemental PFFP development. Table 5-13 presents the
reduced unit water demand factors (from OMWD) and reduced proiected AAD water demands
for the 2007 PFFP Amendment.
Land Use Gross Area (acre) Unit Demand (gdp/ac) AAD Demand (gdp)
Industrial 104.7 1,250 135,000
TABLE 5-3-12
1999 SUPPLEMENTAL PFFP
AVERAGE ANNUAL DAY WATER DEMAND PROJECTION
Land Use Gross Area (acre) Unit Demand (gdD/ac) AAD Demand (edp)
Industrial 84.0 893 75.012
Commercial 16.7 1.785 29.810
Total 104.7 ---- 104.810
TABLE 5-13
2007 SUPPLEMENTAL PFFP AMENDMENT
AVERAGE ANNUAL DAY WATER DEMAND PROJECTION
48
EastLake Business Center II
Supplemental PFFP Amendment
Table 5-9 14 provides the peaking factor used and the projected MD demand for the 1999
development.
TABLE 5-914
1999 SUPPLEMENTAL PFFP
MAXIMUM DAY WATER DEMAND PROJECTION
Business Center II Ultimate Zone
AAD Demand AAD Demand*
d d
\35,000 9,780,000
1.8
Business Center II
MD Demand (gdp)
243,000
MD Peaking
Factor**
Entire ultimate 980 Zone demand from Table 4.4 oflbe 1995 Otay Water District (OWD) Master Plan
.... Based on ultimate Zone AAD demand
.
The own has indicated that thev have adequate potable water service and long-term
water storage to accommodate the proposed amendment to the PFFP (see Appendix B -
letter to Ben Guerreo. City of Chula Vista. from David Charles. Otav Water District.
dated Mav 14. 2007),
Fire Flow Requirements
Fire flow requirements for the Business Center II were based on requirements used for
similar commerciaVindustrial development within OWD's Central Service Area as given
in recent SAMPs in 1999. Table 5-W 12 gives the fire flow requirements that was used
in the Draft SAMP for the EastLake Business Center II.
Land Use Fire Flow (gpm) Duration (hours) Residual Pressure
(psi)
Industrial 3,500 3 20
TABLE 5-W 15
1999 SUPPLEMENTAL PFFP
FIRE FLOW CRITERIA
The own has indicated that thev have adequate fire flow to accommodate the proposed
amendment to the PFFP (see Appendix C - letter to Ben Guerreo. City of Chula Vista.
from Otav Water District Engineering. dated June 14.2007).
Table 5-H 16 projects the short-term storage requirements for the 980 Zone by adding
storage requirements for Rolling Hills Ranch, EastLake Trails, and the EastLake
49
EastLake Business Center II
Supplemental PFFP Amendment
Table 5-H-16
1999 SUPPLEMENTAL PFFP
CENTRAL SERVICE AREA 980 ZoNE
SHORT TERM OPERATIONAL STORAGE BALANCE
Develonment Required Storal!e (MG)
Existing (I) 5.58
Rolling Hills Ranch (2) 2.87
EastLake Trails (3) 1.11
EastLake Business Center II 0.32
TOTAL 9.88
Existing Storage 10.0
Storage Deficiencv None
I) Per 1995 OWD Water Master Plan
2) Sub-Area Master Plan of Potable and Recycled Water for Salt Creek Ranch, Wilson Engineering, April 1997
3) Sub-Area Water Master Plan for EastLake Trails, John Powell & Associates, September 1998
Recommended On-Site Distribution System
The reeemmenEleEl existing on-site distribution system is shown in Exhibit '+ 2. Pipeline
sizes were based on hydraulic calculations at the connections to the on-site system. The
proposed system design would yield a minimum on-site residual pressure of
approximately 65 psi.
Analysis of Proposed Facilities
The necessary area-wide water improvements (i.e., transmission mains, pump stations,
reservoirs, etc.) to serve the Business Center II project have been physically constructed
or financially committed. Sufficient water capacity and infrastructure exist to serve the
Business Center II project.
B. Recycled Water:
Within the EastLake Business Center II, recycled water will be used to irrigate a
landscaped areas, including lawns, planted borders, and road slopes and medians. Based
on unit demand factors given in the Master Plan, average annual day recycled water
demands were computed for the 1999 project, which are presented in Table 5~ 17.
Table 5-18 presents the reduced unit recvcled water demand factors (from OMWD) and
reduced proiected AAD recvcled water demands for the 2007 PFFP Amendment.
TABLE 5-H 17
1999 SUPPLEMENTAL PFFP
PROJECTED RECYCLED WATER DEMANDS
Percent Irrigated Unit AAD
Land Use Area (ac) Demand Demand
Irrigated Area (ac) d lac d
Industrial 104.7 10 10.8 2,230 24,084
50
EastLake Business Center II
Supplemental PFFP Amendment
Percent Irrie:ated Unit AAD
Land Use Area (ac) Demand Demand
Irrie:ated Area (ac) (;'dn/a~ h!dD)
Industrial 84.0 ~ 4.2 2.155 9.051
Commercial 16.7 10 1.7 2.155 3.664
Total 104.7 --- 5.9 12.715
TABLE 5-18
2007 SUPPLEMENTAL PFFP AMENDMENT
PROJECTED RECYCLED WATER DEMANDS
Maximwn day and peak hour (PH) recycled water demands were computed using peaking
factors given in the Master Plan. Peak demands are summarized in Table 5-H 19.
ADD Demand
d
24,084
TABLE 543 19
1999 SUPPLEMENTAL PFFP
PROJECTED PEAK RECYCLED WATER DEMANDS
MD Demand MD Demand PH Demand
Peak Factor d Peak Factor
2.6 62,618 7.8
PH Demand
d
130
5.3.7.5. FACILITY PHASING:
A. Potable Water:
The project will be was constructed baHt in four phases. Phase IA will includeg
construction of the entrances to the project from Fenton Street, portions of the Fenton
Street extension and 8lreet "A" Harold Place, and the development of Lots I and 6
(located at the northwest and northeast comers of Fenton and Harold Place). Phase IB
will consisted of the completion of the Fenton Street extension and the development of
Lots 7 through 10 (included Area C and a oortion of Area B). Phase 2A will included the
completion of 8tre61 "N' Harold Place and the development of Lots 2 through 4 (lots
fronting on Harold Place are built out). Phase 2B construction will included the
completion of 8tre61 "E" Showroom Place and the development of Lot 5 (fronts on
Harold Place). II through 16 (Area A and B fronting on Showroom Place).
Supply of potable water to the EastLake Business Center II will be iLfumished from
District reservoirs and pump stations and conveyed to the site by gravity through existing
District transmission mains. BlI5eEl eR l"lar.BeEl gfeooEl ele'/atieRs withiR the Blwiaess
Ceffier, service Service to the site will be iLprovided from the existing 980 Pressure
Zone.
B. Recycled Water:
The development of the EastLake Business Center II is lIRElefiReEl at this time site
imorovements has been comoleted. Please see discussion of Phasing under Potable
Water above.
51
EastLake Business Center II
Supplemental PFFP Amendment
5.3.7.6. FINANCING WATER FACILITIES:
A. Potable Water:
There are two methods of financing and construction of potable water facilities for the
EastLake Business Center II. These methods are as follows:
I. Capacity Fees: OWD's Capital Improvement Program (CIP) provides for the design
and construction of facilities by OWD. Through this program, OWD collects an
appropriate share of the cost from Developers via the collection of capacity fees from
water meter purchases. The capacity fees are collected upon the sale of water meters
after building permit issuance according to OWD's fee schedule in effect at the time
of sale.
CIP projects typically include supply facilities, pumping facilities, operational
storage, terminal storage, transmission mains. Specific CIP projects, if required, are
identified in OWD's approved SAMP.
2. Exaction: The Developer designs and constructs facilities that serve their
development only. Upon completion, the facilities are dedicated to OWD.
According to OWD's policy No. 26, OWD will provide reimbursement for
construction and design costs associated with development of these improvements.
B. Recycled Water:
OWD will used the capacity fees and exaction methods for the financing and construction
of CIP Recycled water facilities for The EastLake Business Center II.
5.3.7.7. THRESHOLD COMPLIANCE:
A. Potable Water:
The Otay Water District's Water Resource Master Plan and the SAMP identify water facilities
to be constructed that will provide the necessary water service to meet 0 WD criteria The
facilities identified in the aforementioned plans are reljllired te be ~constructed as a part of
the prior development of the EastLake Business Center II project.
The Developer shall request and deliver to the City a service availability letter from the Otay
Water District prior to each final map.
Provide water improvements according to a district approved Sub-Area Water Master Plan for
the EastLake Business Center II project.
B. Recycled Water:
Provide Recycled water improvements according to a district approved Sub-Area Water Master
Plan for The EastLake Business Center II project. Recycled water requirements for the project
will be coordinated by the OWD and the City of ChuJa Vista The phased construction of
recycled water facilities, based on the approved SAMP, will be incorporated into the conditions
of approval for a future subdivision map. These conditions will assure the timely provision of
required facilities.
52
EastLake Business Center II
Supplemental PFFP Amendment
:1
v
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NO SCALE
LEGEND '
- - - EXISTING 980 ZONE
PHASE 1
PHASE 2
PHASE 3
EASTLAKE BUSINESS CENTER II
SUB-AREA WATER MASTER PLAN
POTABLE WATER SYSTEM
Exhihit 9
Po\vELL
P:\131\lJ3OIDrowings\131030POT,cdr August 6,19Q9
53
EastLake Business Center n
Supplemental PFFP Amendment
~~v ~ . ".A
l' /. \i'~i~~~~1~~~t:;j\:? ;~,)\,:
It!.!:", ; !",," '":r;aO:'f'~~A!!lJ!'t-,, n " -". '.'" . '
'. ,:{i:Z.i, ._. " L _'~:~;1;;~.~(:;~~:;i:~:;n?'~::1?'f~{,;:}::'i1~:~t:;24:)'r,;,;;,1i,
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NO SCALE
LEGEND
- - - EXISTING 950 ZONE
PROPOSED ON-SITE
EASTLAKE BUSINESS CENTER II
SUB-AREA WATER MASTER PLAN
RECYCLED WATER SYSTEM
Exhibit 10
NOTE:
PHASING OF PIPELINES WILL COINCIDE
WITH PHASING OF POTABLE WATER
PIPELINES AS SHOWN ON FIGURE 3,2.
Po\vELL
P~131lD3CNOnroings\131030RW,cdr ~u'16. 1999
54
EastLake Business Center IT
Supplemental PFFP Amendment
5.3.8.
SEWER
5.3.8.1.
CITY THRESHOLD STANDARDS:
Sewage flows and volumes shall not exceed City Engineering Standards as set forth in
the Subdivision Manual, adopted by City Council Resolution, as amended. The City
annually provides the San Diego Metropolitan Sewer Authority ("Authority") with a 12-
18 month development forecast and requests confirmation that the projection is within the
City's purchased capacity rights and an evaluation of their ability to accommodate the
forecast and continuing growth, or the City Engineering Department staff gathers the
necessary data.
The information provided to the GMOC includes the following:
. Amount of current capacity now used or committed.
. Ability of affected facilities to absorb forecast growth.
. Evaluation of funding and site availability for projected new facilities.
. Other relevant information.
. The grow'.h foreeast aHa AlItharity reSj3Bflse letters shall be pnl'liaea to the GMOC
fur iBelusisB in its reviev/.
5.3.8.2.
EXISTING CONDITIONS:
The EastLake Business Center II project is designated and planned for Research &
Limited Manufacturing uses. This Supplemental PFFP Amendment addresses the
removal of 16.7 acres of Research & Limited Manufacturing and converting it into
Commercial Retail. If approved. approximatelv 84.0 acres of Research & Limited
Manufacturing will remain. The project site consists of approximately 104.-7 JLgross
acres. which includes approximatelv 4.1 acres of streets. with the pads having a net
acreage of approximately 74.8 acres. Sewer service is the responsibility of the City of
Chula Vista for the project. The Citv of San Diego Metro provides sewer treatment
services for the City of Chula Vista and 14 other participating agencies in accordance
with the terms of a multi-agencv agreement (Metro Agreement). The City of ChuIa Vista
holds capacity rights of 19.843 mgd in the San Diego Metropolitan Sewerage System
(Metro). The City's current average wastewater flow into the Metro system is ~
approximatelv 18.723 mgd (preliminary Sewer ReflBft fer Salt Creek by Dllaek &
l'.sseeiates, Sefltemller 1999) (GMOC 2007 Annual Report. by the Citv of Chula Vista
dated August 2007). ChllIa Vista has lljlflTOldmately 7.25 mga remaifting El":ailaele
eliflaeity in the Metre Sev.tlr. The Metro system currentlv has adeQuate sewerage
treatment capacitv to serve the region until approximately 2025 when new treatment
facilities are expected to become operational. The City of Chula Vista. however. mav
reach its contractual capacity limits sooner than 2025. The Metro system treats its
sewage at the Point Lorna Sewage Treatment Plant.
The EastLake Business Center II project is located mostly within the Telegraph Canyon
Gravity Sewer Basin and partially within the Salt Creek Sewer Basin. The City of Chula
Vista requires that the sewer system be designed such that no diversion occurs. However,
55
EastLake Business Center II
Supplemental PFFP Amendment
the City Engineer may approve permanent diversion of certain lots provided specific
conditions are met (see Section 5.3.8.3.E.)
Most of the prejlased development, lots I through 12 (approximately 81.5 gross acres),
ellfl drain~ by gravity into the Telegraph Canyon Trunk Sewer located in Otay Lakes
Road. This portion of the project eaR be ~served by the existing IS-inch gravity trunk
sewer in Otay Lakes Road that extends to a point east of Lane Avenue. A 12-inch gravity
sewer line has been installed in Lane A venue that connects into the sewer line in Otay
Lakes Road. The 14-inch force mains from the Otay Lakes Road Sewer Lift Station
discharge into the Telegraph Canyon Trunk Sewer east of Lane Avenue. Exhibit 9
provides a map showing the locations of existing facilities.
A portion of the development, lots 13-16 (approximately 26.5 gross acres) on the easterly
side of the project, lies within the Salt Creek Sewer Basin. This portien ef the
rlevelepment will be reElHired te eenstruet a gfIl.,ity sewer line te the Salt Creek
Intereejlter. },s aR alternative, lets 13 16 efthe However. the site imorovements for this
area have been constructed and has been rleyelepment mBJ connected to the Telegraph
Canyon Trunk Sewer if tile de'.'lfwtrelHR impaet eaR be aemuately eyalaated aRd
mitigated.
5.3.8.3. FACILITY REQUIREMENTS:
Wilson Engineering completed an Overview of Sewer Service for the EastLake Business
Center II project dated October 5, 1999. The facility requirements are were based upon
the findings of the aforementioned Wilson Engineering report and the City of Chula Vista
Engineering Deoartment.
Lots 1 through ~ ~of the EastLake Business Center II project eaR be are served by
gravity sewer lines that will collect flow and convey it westerly in Fenton Street to the
existing 12-inch gravity sewer line in Lane Avenue. All prepesed 8-inch on-site gravity
sewer lines are adequate previded they are and constructed to minimum City of Chula
Vista standards. Exhibit 9 provides the reeommended an illustration of the on-site sewer
facilities.
f'.Jtllougfl sewage flews fram lets 13 threagfl 16 eaula be eeBVeyed te the Telegraph
Caayan TfUnk Sewer by grayity, the City clees net allew the cliyersion ef flows from ene
se'oVer baain to another. Sewer serviee te these lets will be pFevided either BY
eenstrueting a gravity sewer line that allews this develepment Ie Be served BY the Salt
Creek IRtereCjllar in the future er by eenneeting te the Telegr8jl1l Canyan grayity
eelleetien system. In the later eliae the Develeper will Be required te evaluate the imjlaets
that this develepment has en the dewnstrelHR reliehes ef the Telegf8jl1l Canyan
Iftlereeptar.
All sewage discharged into the Telegraph Canyon Trunk Sewer shall meet the standards
established by the Metropolitan Wastewater Department of the City of San Diego. All
industrial establishments are required to obtain an Industrial User Discharge Permit or
56
EastLake Business Center II
Supplemental PFFP Amendment
waiver from the Industrial Wastewater Control Program of the City of San Diego. The
sewer service charges for this development will be assessed based on the quantity and
quality of effluent that will be generated from the site.
A. Design Criteria and Sewage Flow Projections
The design criteria used for the Telegraph Canyon Gravity Sewer Basin is from the City
of Chula Vista Subdivision Manual.
B. Sewage Generation
The sewage generation factors used to project average day sewage flows from the
EastLake Business Center II is 2,500 gallons per day per acre.
C. Gravity Sewers
All gravity sewers within the project shall be designed to convey peak wet weather flow.
For new pipes with a diameter of 12 inches and smaller, the sewers shall be designed to
convey this flow when flowing half full. For new pipes with a diameter larger than 12
inches, the sewers shall be designed to convey peak wet weather flow when flowing three
fourths full by depth.
D. Projected Sewer Flows
Based on the sewage generation factor presented previously and 74.8 net acres of
proposed industrial development on the approximate 104.1 Lacre site, the projected
average sewage flow for the EastLake Business Center II is (},..l.% .231 mgd and +he the
projected peak wet weather flow is ~ .461 mgd7.
E. Dp/eF3ioB of Se'.'.'CF Flaws
If the Develeper pro)leses to cliveFl flows frem the Salt Creek Sewer Basia to the
TelegrO)lh Caayen Se'oVer Basin ia the aevelo)lmeflt of Lots 12 16, the Developer shall
eonaHet a sewer smay. This sma)' shall be suBmittea to ana ap)lroYea by the City
Eflgiaeer )lrior to the aevele)lmeHt ef these lots. The stllay H'lIlst aemoastrate to the
satisfaetioa ef the City Eagiaeer, that there is aaeqllate capaeity ia the Telegfll)lh Canyea
Om'/ity Sewer Line. Should the stua)' aetemline, that a6aitieHlli upgraaes are aeeclea to
mitigate flew generated frem Lets 12 16, the Devele)ler shall pay fer all upgrade eests
be)'ona those cests alTeaay idefltifiecl in the "TelegrO)lh CIIIlyBa Sewer Smay by Willaan
f.ssociates, aatea 1992." The Develo)ler shall )lay its fair share Bf the O)l)lrepriate
Develo)lmeHt IHl.)laet Feees), as aeteHfliflea by the City Engineer.
7
Proiected sewerage flows from the Sewer Caoacity Study for EastLake Desil!ll District by K&S
Engineering dated July 27. 2007.
57
EastLake Business Center II
Supplemental PFFP Amendment
5.3.8.4. FACILITY PHASING
Phases lA, IB, 2A and 2B Lets Hl12 ef Phase 2B ean be are sewered te through the
Telegraph Canyon Gravity Trunk Sewer. Lets 13 16 ef Phase 2B are ',vithiR the Salt
Creek Se'Ner HasiR. The sewer system shall be desigRed SHOO iliat Re di,tersien is
alle'lIed.
Sewer diversieR frem Salt Cr-eek Sewer BasiR te Telegraph Se'Ner Basin fer Lets 13 16
of Phase 2B may be eensidered and appre'ted by the City ERgiReer if the fellevRRg items
are reselved te the satisfaetieR efthe City EngiReer:
. CeRdllct a sewer stlldy as determined by the City ERgineer, ef the entire leagth ef the
affeeted se','rer liRe (T elegfllJ'lh CaRyeR Gravity Sewer Line) te demeRstrate, te the
satisfaetien efthe City ERgineer, that there is adeljllate eapaeity iR that llasiR.
. Pay fer all Hflgrade cests lleyeRd these eests already identified iR the "Telegraph
CaRyeR Se'Ner Stlldy lly WilldaR Asseciates, dated 1992."
. Pay fair share ef the appreJ'lriate De'lelepment IfIlJ'laet Fee(n), as detefffiiRed lly the
City ERgineer.
. Based en the se'iI'er stHdy liRd as deemed Reeessary lly the City ERgineer, Hj'lgrade, all
sewer line segments identified in said stlldy as eJ{eeeding City desigR eriteria fer
acceptaBle sewer flealc flews.
5.3.8.5. FINANCING SEWER FACILITIES:
To fund the necessary future improvements to the Telegraph Canyon Trunk Sewer,
development impact fees have been established by the City of Chula Vista. The July 31,
1992, Telegraph Canyon Sewer Basin & Improvement and Financing Plan was prepared
for the City of Chula Vista by Willdan Associates to establish a fee to fund future
improvements to the Telegraph Canyon Interceptor System. This fee is required to be
paid by all future developments within the Telegraph Canyon Gravity Sewer Basin to
fund improvements required to serve ultimate development within the basin. City of
Chula Vista Ordinance Number 2533 established the fee to be paid for future
development within the Telegraph Canyon Gravity Sewer Basin that connect into the
existing system. The erigiRal methed ef eailmlating the sewer DIF was lly HsiRg a faeter
ef Hl EDU's/aere. Usiag the The current fee is, $216.59 $3.478/EDU, the DIF fer Lets
1 12 ~witftiR the Telegraph ClH11eR Sewer Basia is estimated at i!>l63,n8. However,
the actual sewer DIF will be calculated on the number of fixture units and is subject
periodic adjustments. The number of fixture units for the EastLake Business Center II
will be determined during the building permit process.
f. peRiea of the prejeet (Lets 13 16) lies witfiiR the Salt Creek Sewer Basin. If a sewer
syntem serving Lets 13 16 is designed te flew inte the Salt Creek Seo.ver Basin, it will be
rell.lIired te partieiflate in the Salt Creek Gfav-ity Sewer Basin DIF. On Deeemller 6,
1991, tile Chllla Vista City Cellflcil adepted Ordiflllftee NlIffiller 2617 whieh established
the fee te lle paid fer futHre deyeleJ'lment within the Salt Creek Gra'lily Seo::er Basin.
58
EastLake Business Center II
Supplemental PFFP Amendment
Using the elll'Feat fee, $28HlOIEDU, the DIP fer Lets 13 Hi within the Salt Creek
Gravity Sewer Basin is estimates at $60,208. Hewe'/er, the aetual sewer DIP will
ellleHlatea en the RHffiBer ef BJ{mre Hnils, the elffi'eat fee in effeet, aRS '.vill Be aeterminea
daring the Bmlsing flermit flreeess.
SHBse'lHeat te the aferemeatienes 1992 TelegFllflh CaRyen Sewer Basin & IffiJlFevemeat
aRe Piallfteing PIllR, WilldllR & f.sseeiates flfeparee aR araenees stusy te address the
imfJaets of fllffilped flows frem other Basins aRS to de'/elefl a fiaaReing fllllR to eoastreet
the imflrovemeats neeessitates BY these flHffifles flows. The Telegraph CllRYen PUHlfled
Plews DIP is $560.09lEDU. The DIP for Lets 13 16 within the Salt Creek Gmyity
Sewer Basin is estimated at $118,720. Similar te the Salt Creek GrEl'.ity Sewer Basin
DIP, the ae-tual flarBfJed sewer DIP vlill be ealeHlates en the _Ber ef fiJltllre Haits, the
eHfFeat f-ee in erreet, aRe ',.-ill Be setermines soong the bHilding fle_it flreeess.
The EastLalle Business Ceater II flrejeet will be sHbjeet to most if net all ef the
aforemeBtiones DIP fees, sinee the siyersiea eeuld Be treatee like flermallent fllll1lped
flew3. The tetal fees te be flaid shall be defleaeeat Ujlen the Bnal sewer system plaR.
5.3.8.6. THRESHOLD COMPLIANCE:
The sewer facilities to accommodate sewer flows from the EastLake Business Center II
project have been identified. Generally, the City will not allow the design capacity of
trunk sewers to be exceeded. If the flows from the project are anticipated to exceed the
design capacity of downstream sewers, the City could require the construction of relief
lines. In some cases, the City may allow the design capacity but not the hydraulic
capacity of sewer lines to be exceeded at peak flow before relief facilities are required.
The EastLake Business Center II project shall pay fees pursuant to City of Chula Vista
ordinance~ er flfevide tRlnk sewer iffiJlfO'/ements, as needed. The development of Phases
If., I B aRS 2ft. are net aatieiflated te the EastLake Business Center II oroiect will not
exceed City Sewer Threshold Standards. The Haal mafl fer the de'/elefJmeat of Phase 2B
shall be desigHes SHell that ne sewer divemien is allewed, hewever, sewer siversiea frem
Salt Creek Se'.ver Basin te Telegrllflh Sewer Basin fer Lets 13 16 of Phase 2B may Be
eOHSideres liRd !lflflFOved by the City Engineer if the aforemelltioned items frem Seetien
5.3.8.4. are reselyes te the satisfaetien sf the City Engiaeer. Sewer fees will be
calculated based on the number of fixture units for the EastLake Business Center II
proiect. Sewer fees will be determined during the building permit process.
The Metro svstem currently has adequate sewerage treatment capacitv to serve the region
until approximatelv 2025 when new treatment facilities are expected to become
operational. The Citv of Chula Vista. however. mav reach its contractual capacitv limits
sooner than 2025. The developer shall pav capacitv fees at building permit issuance.
Development shall not occur without adequate sewer capacity as determined by the City
Engineer. Building permits will not be issued if the City Engineer has determined that
adequate sewer capacity does not exist. All development must comply with the
Municipal Code. specifically M.C. Sections 19.09.010 (A) 6 and 13.14.030.
59
EastLake Business Center II
Supplemental PFFP Amendment
Sewer Plan
---],,: ---r-----w-
i I _we" Rd. '
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existing 8"
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existing 12"
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existing
15"
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14" parallel ~
force mains ~
. .pC!'
+ Proposed Sewer
E1titJIinQ rempory
Pump Slatton
<-- Existing Sewer
Note: This ptan Is c:cnoeptual and
subject to rBfinemenL Reter ID adopted
Tentative Tract Map br more precise
details and requirements.
.4 fASTLAKE
A p1aDDro commuDity by Thc EIstLakc Company
Exhihit 11
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10-8-89
60
EastLake Business Center II
Supplemental PFFP Amendment
5.3.9. DRAINAGE
5.3.9.1. EXISTING CITY THRESHOLD STANDARDS:
Objectives and thresholds for hydrology have been determined by the City of Chula
Vista. The Growth Management Oversight Committee (GMOC) shall annually review
impacts to hydrology on an annual basis to determine its ability to meet the City's goals
and objectives.
5.3.9.2. EXISTING CONDITIONS:
A Hydrology Study was performed by Hunsaker & Associates, August 31, 1999, to
evaluate the pre-development and post-development flows discharging from the site.
According to the Study, approximately 80% of the surface waters on site drains south and
west to the Telegraph Canyon Drainage Basin while the remaining 20% drains south and
east to into the Salt Creek Drainage Basin. Currently, runoff is conveyed directly to San
Diego Bay through the city of Chula Vista.
The project site currently discharges to several outlet locations generally located on the
perimeter of the proposed development. Existing drainage improvements in the vicinity
of the Business Center 1I development include an existing 48" and 24" reinforced
concrete pipe (RCP) storm drain pipes within Otay Lakes Road. The 48" pipe drains
towards the west and is part of the Telegraph Canyon basin. The 24" pipe drains towards
the southeast and is part of the Salt Creek basin. In addition, there is an existing 36" RCP
storm drain in Boswell Road and an existing 18" RCP storm drain in Fenton Street within
the adjacent Business Center I development. Both the Boswell Road and Fenton Street
systems drain into the Telegraph Canyon basin system site.
5.3.9.3. DRAINAGE FACILITY REQUIREMENTS:
Diversion of drainage from one basin to another basin is prohibited. The project shall
drain that portion of the site that is within the Telegraph Canyon Drainage Basin (Lots I
through 12) to existing drainage facilities within Otay Lakes Road and Boswell Road.
That portion of the project within the Salt Creek Drainage Basin (Lots 13-16) shall drain
to existing drainage facilities within Otay Lakes Road and Hunte Parkway. Exhibit 10
illustrates the proposed project drainage facilities.
61
EastLake Business Center II
Supplemental PFFP Amendment
1999 SUPPLEMENTAL PFFP - Storm Drain Facilities: According to the prepesed
Te!ltati".'e Maj'l existing olans the following storm drain facilities are prepesed have been
constructed:
. Phase lA, Lots I and 6, shall drain to a public storm drain pipe within the proposed
Street A. This drain is pFellesed te be connected to a public storm drain pipe to be
located within Fenton Street and drains towards the west At the subdivision
boundary the pipe is directed south, exits the right of way of Fenton Street, and flows
south across Lot K to Otay Lakes Road. This pipe connects to the 48" public storm
drain pipe located within Otay Lakes Road (Telegraph Canyon Drainage Basin). All
fiffilre eft site storm drain pipes and facilities will require City Engineer approval.
. Phase I B, Lots 7 through 10, shaH drain to a public storm drain pipe that is prepElsed
te-be constructed within Street B and Fenton Street This pipe will conveYl! runoff
towards the west and eventually into the 48" public storm drain pipe located within
Otay Lakes Road.
. Phase 2A, Lots 2 through 4, shaH drain to a public storm drain pipe to be located
within Street A that drains towards the north, This flow is directed into a storm drain
pipe that flows west across Lot I and Lot B to an existing 42" public storm drain pipe
located within Boswell Street (Telegraph Canyon Drainage Basin).
. Phase 2B includes Lots 5, 11 through 16. Lot 5 will drainl! to the proposed storm
drain within Street A that flows north and west towards Boswell Street Lots II and
12 will drain towards a storm drain system within Street B that connects to a pipe
within Fenton Street and eventually flows into the 48" public storm drain pipe located
within Otay Lakes Road (Telegraph Canyon Drainage Basin). Lots 13, 14, IS and 16
",...ill net arain tewafil5 Street B mther they will drain towards the east into the Salt
Creek Drainage Basin.
. The project plans for new development shall demonstrate to the City Engineer that
the proposed storm drain system can adequately serve eaeh Ilrepesed phase the
proiect
In accordance with the City of Chula Vista Subdivision Manual, the project shall provide
on-site detention basins and sediment basins. as necessarv. Detention basins shall limit
flow rates to pre-development flow rates. Sedimentation basins shall provide adequate
storage of sufficient duration to trap transported sediment. The location of proposed
detention basins and sedimentation basins shall be delineated on the Grading Plans. All
detention basins and sedimentation basins shall be designed to City Standards and to the
satisfaction of the City Engineer,
The City of Chula Vista Subdivision Manual requires on-site erosion protection. Erosion
protection shall be delineated on Erosion Control Plans that accompany the Grading
Plans, All erosion control shall be designed to City Standards and to the satisfaction of
the City Engineer,
62
EastLake Business Center II
Supplemental PFFP Amendment
2007 Amendment - Water Qualitv
The prejeet shall eeHlply ';:ith all prBvisiefls sftRe Natisnlll Pslhltaflt Eliminatisn Syatem
(NPDES) ana the Clean Water Pregffiffi during all llhllaes sf aeyelellmeflt.
Urban runoff discharged from municipal storm water convevance svstems has been
identified bv local. regional. and national research programs as one of the principal
causes of water qualitv problems in most urban areas. The Municipal Storm Water
Pollutant Discharge Elimination Svstem (NPDES) Permit (Municipal Permit). issued on
Februarv 21. 2001 (Order No. 2001-01), and renewed on January 24. 2007 (Order No.
R9-2007-0001)' to the Citv of Chu1a Vista. the County of San Diego. the Port of San
Diego. and 17 other cities in the region bv the San Diego Regional Water Qualitv Control
Board (SDRWQCB). requires the development and implementation of storm water
regulations addressing storm water pollution issues in development planning and
construction associated with private and public development proiects.
The Citv requires that sufficient information and analvsis on how the proiect will meet
the water qualitv requirements shall be provided as part of the Tentative Map and/or Site
Plan review process. In this manner. the type. location. cost. and maintenance
characteristics of the selected Best Management Practices BMPs will be given
consideration during the proiect planning and design. Therefore. the City requires that
prior to approval of anv Tentative Map and/or Site Plan for the proiect. whichever occurs
first. the applicant shall obtain the approval of the Citv Engineer of a Water Qualitv
Technical Rel'ort containing specific information and analvsis on how the proiect will
meet the requirements of the Citv of Chula Vista Storm Water and Discharge Control
Ordinance and the NPDES Municipal Permit (including the Final Model SUSMP for the
San Diego Region).
During the construction phase. the proiect will be subiect to the requirements of the
General Construction Permit. The proiect will meet the requirements of the General
Construction Permit bv implementing a site-specific Storm Water Pollution Prevention
Plan (SWPPP) and incorporating a combination of onsite source control. Low Impact
Development (LID) BMPs and treatment control BMPs for the control of sediment and
non-visible pollutants. The site inspection requirements and site-specific Storm Water
Sampling and Analvsis Strategv (SWSAS) required in the SWPPP will provide
recommendations for storm water testing to evaluate the effectiveness of the BMPs.
Adiustments to the BMPs will be made as necessary to maintain or improve their
effectiveness.
For undeveloped lots within the proiect area the use of LID BMPs can be effective in
minimizing the impact of urban runoff. LID BMPs help Preserve and restore the natural
hvdrologic cvcle of the site allowing for filtration and infiltration which can greatlv
reduce the volume. peak flow rate. velocity. and pollutant loads of urban runoff.
The completed proiect will incorporate a Post-Construction Storm Water Operation and
Management Plan as a requirement for termination of coverage under the General
Construction Permit. The completed proiect will also require treatment of runoff that
63
EastLake Business Center II
Supplemental PFFP Amendment
occurs during the initial stage of a storm event based on the numeric sizing criteria
established in the Municipal Permit adopted bv the SDRWOCB on February 21. 2001.
The completed proiect will incoroorate a treatment train of non-structural and structural
BMPs that mav include but are not limited to: property owner education. stenciled inlets.
street and parking lot sweeping. landscaping. biofilters. filtration devices. hvdrodvnamic
separators. and/or drainage inserts to meet the applicable requirements of the General
Construction Permit. the Municipal Permit. and the Model SUSMP.
Biofilters. grass swales or strips. are flow-based site design BMPs that are designed to
remove sediment. heavy metals. and oil and grease from areas such parking lots.
Filtration devices are flow-based structural BMPs designed to remove the following
pollutants' sediment. nutrients. heavv metals. organic compounds. trash and debris.
oxvgen demanding substances. bacteria. oiL and grease. Hvdrodvnamic separators are
flow-based structural BMPs designed to remove sediment. trash. and debris. Drainage
inserts are flow-based structural BMPs designed to remove trash and debris.
Downstream erosion or increased runoff resulting from the construction of this proiect is
being addressed bv detention basins that are proposed in Poggi Canvon. Wolf Canvon
and Otav Vallev Road downstream of proposed storm drain outfalls.
5.3.9.4. FINANCING DRAINAGE FACILITIES:
A. On-site facilities: City policy requires that all master planned developments
provide for the conveyance of storm waters throughout the project to City
Engineering standards. As such, the Developer will be required to construct those
facilities through the subdivision exaction process.
B. Maintenance of On-site facilities: Storm drain facilities not located within the
right of way of a public street or easement dedicated to the City of Chula Vista
shall be private and maintained by the property owners. These facilities include
graded swales, concrete swales, drainage inlets, pipes headwalls, sedimentation
basins, detention basins, etc.
C. Off-site facilities: One or more temporary detention basins may be required for
that portion of the site that drains towards Salt Creek and shall be constructed by
the Developer.
D. Maintenance of Off-site facilities: Storm drain facilities constructed to convey,
collect, detain or retain runoff from the project, that are not located within the
right of way of a public street or easement dedicated to the City of Chula Vista,
shall be private and maintained by the property owners. These facilities include
graded swales, concrete swales, drainage inlets, pipes headwalls, sedimentation
basins, detention basins, etc.
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EastLake Business Center II
Supplemental PFFP Amendment
5.3.9.5. THRESHOLD COMPLIANCE:
1999 SUPPLEMENTAL PFFP
The site shall be responsible for the conveyance of storm water flows in accordance with
acceptable City standards, policies and requirements. The City Engineering Division
shall review all plans to ensure compliance with City Engineering Standards.
The Developer shall provide runoff detention basin and/or other facilities approved by the
City Engineer to reduce the quantity of runoff from the development to an amount equal
to or less than the present 100-year frequency runoff and demonstrate the adequacy of
existing facilities to the satisfaction of the City Engineer.
The Developer shall provide sedimentation basins with adequate storage and sufficient
duration to trap transported sediment. All sedimentation basin shall be designed to City
Standards and to the satisfaction of the City Engineer.
The Developer shall provide on-site erosion protection. All erosion control shall be
designed to City standards and to the satisfaction of the City Engineer.
The proposed development shall comply with all applicable regulations established by
the United States Environmental Protection Agency (USEPA) as set forth in the NPDES
pennit requirements for urban runoff and storm water discharge and any regulations
adopted by the City of Chula Vista pursuant to the NPDES regulations or requirements.
Further, the applicant shall file a notice of intent with the State Water Resources Control
Board to obtain coverage under the NPDES General Permit for Storm Water Discharges
Associated with Construction Activity and shall implement a Storm Water Pollution
Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The
SWPPP shall include both construction and post construction pollution prevention and
pollution control measures and shall identify funding mechanisms for post construction
control measures.
2007 Amendment
A. The EastLake Business Center II Proiect shall be responsible for the convevance
of storm water flows in accordance with acceptable Citv standards. policies and
requirements. The City Engineering Division shall review all plans to ensure
compliance with Citv Engineering Standards.
B. The Developer shall design. install and maintain on-site erosion protection. All
permanent or temporary erosion control shall be designed to Citv standards and to
the satisfaction ofthe City Engineer.
C. The prOpOsed development shall complv with all applicable regulations established
bv the United States Environmental Protection Agencv (USEP A) as set forth in the
NPDES oermit requirements for urban runoff and storm water discharge and any
regulations adopted by the City of Chula Vista pursuant to the NPDES regulations or
requirements. Further. the applicant shall file a notice of intent with the State Water
Resources Control Board to obtain coverage under the NPDES General Pennit for
65
EastLake Business Center II
Supplemental PFFP Amendment
Storm Water Discharges Associated with Construction Activity and shall implement
a SWPPP concurrent with the commencement of grading activities. The SWPPP
shall include both construction and POst construction pollution prevention and
pollution control BMPs and shall identifY funding mechanisms for post construction
control BMPs.
D. Prior to approval of gradim!/construction plans for EastLake Business Center II. the
Applicant shall obtain either (a) General Construction Activity Storm Water Permit
(NPDES Permit No. CASOI08758) from the SWRCB or (b) a municipal permit from
the City of Chula Vista that is in effect at the time of issuance of construction/grading
permits. Such permits are reQuired for specific (or a series of related) construction
activities. which exceed five acres in size and include provisions to eliminate or
reduce off-site discharges through implementation of the SWPPP. Soecific SWPPP
provisions include reQuirements for erosion and sediment control. as well as
monitoring reQuirements both during and after construction. Pollution control
measures also reQuire the use of best available technology. best conventional
pollutant control technologv. and/or best management practices to prevent or reduce
pollutant discharge (pursuant to SWRCB definitions and direction).
The SWPPP also includes specified vehicle fueling and maintenance procedures
and hazardous materials storage areas to preclude the discharge of hazardous
materials used during construction (e.g.. fuels. lubricants. and solvents) and
specific measures to preclude spills or contain hazardous materials. including
Droper handling and disposal techniQues and use of temporary impervious liners
to prevent soil and water contamination.
E. Prior to approval of grading/construction plans for EastLake Business Center II.
the Applicant shall demonstrate to the satisfaction of the Citv Engineer
compliance with all of the applicable provisions of the Municipal Code. Model
SUSMP for the San Diego Region. and the City of Chula Vista SUSMP as mav be
adopted in the future. The Applicant shall incomorate into the proiect planning
and design effective post-construction BMPs and provide all necessary studies
and reports demonstrating compliance with the applicable regulations and
standards. All BMPs including LID BMPs shall be identified and implemented
that specificallv prevent pollution of storm drain svstems from the parking lots.
and trash collection areas.
F. Prior to approval of building permits for EastLake Business Center II (as
determined bv the City Engineer). the Applicant shall submit and obtain approval
from the City Engineer of a maintenance program for the proposed post-
construction BMPs. The maintenance program shall include. but not be limited
to: 1) a manual describing the maintenance activities of said facilities. 2) an
estimate of the cost of such maintenance activities. and 3) a funding mechanism
for financing the maintenance program. In addition. the Developer shall enter
into a Maintenance Agreement with the City to ensure the maintenance and
operation of said facilities.
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EastLake Business Center II
Supplemental PFFP Amendment
Storm Water
--j
--
i
l
Exist.
42"
RCP
,-
-t-1
c!J
'.
xisting 18" RCP
Exist. 24" RCP
EastLake Greens SPA
~
Telegraph Conyon SOIt C_
Drainage Sa.in Dfl:lnag. B..ln
~ Flow Direction
o Stonn Drain Inlet
. Connection to Existing System (Outlet)
( Outlet
EXHIBIT 12
~E4STLAKE
f1~~~
67
EastLake Business Center II
Supplemental PFFP Amendment
5.3.10.
AIR QUALITY
5.3.10.1. CITY THRESHOLD STANDARDS:
The City annually provides the San Diego Air Pollution Control District (APCD) with a
12 to 18 month development forecast and request an evaluation of its impact on current
and future air quality management programs, along with recent air quality data. The
growth forecast and APCD response letters must be provided to the GMOC for inclusion
in its review.
5.3.10.2. EXISTING CONDITIONS:
The EastLake Business Center II project is within the San Diego Air Basin ("Basin").
The existing air quality for the Chula Vista area is monitored by the State Air Resources
Board at a monitoring station approximately five miles west of the project area. Air
quality is usually expressed as the number of days in which the air pollution levels
exceed state standards set by the California Air Resources Board (CARB) and federal
standards set by the EP A.
Of special concern to CARB and the EP A are the pollutants ozone, carbon monoxide,
particulates, nitrogen dioxide, sulfur dioxide and lead. Ozone is the major primary
pollutant in the Basin. The Basin is designated by the state and the feds as a "serious"
non-attainment area for ozone. In 1994, San Diego exceeded the state standard for ozone
on 79 days. No violations of the state standard for carbon monoxide have been recorded
since 1991. The Basin is in compliance for particulates and the pollutants nitrogen
dioxide, sulfur dioxide and lead.
5.3.10.2. AIR QUALITY IMPROVEMENT PLAN:
An Air Quality Improvement Plan is required by the city for all major development
projects (50 dwelling units or greater, or commercial and industrial projects with 50
EDD's of water demand or greater). This plan is required at the Sectional Planning Area
(SPA) Plan level, or equivalent for projects which are not processed through a Planned
Community Zone. The EastLake Business Center II Air Quality Improvement Plan, as
amended, was prepared by Jay Kneip Land Planning (August 9, 1999) and amended
August 23. 2007.
According to the EastLake Business Center II Air Quality Improvement Plan, as
amended. the future development of the EastLake Business Center II project will be
consistent with Regional Air Quality Strategy (RAQS) in the Basin. However, in
conformance with the threshold standard, the City will annually provide the San Diego
Air Pollution Control District (APCD) with a 12-18 month development forecast. The
City will also request an evaluation of its impact on current and future air quality
68
EastLake Business Center II
Supplemental PFFP Amendment
management programs, along with recent air quality data. The growth forecast and
APCD response letters must be provided to the GMOC for inclusion in its annual review.
5.3.10.2. THRESHOLD COMPLIANCE:
The City continues to provide a development forecast to the APCD in conformance with
the threshold standard. See EastLake Business Center II Air Quality Improvement Plan
in the SPA plan.
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EastLake Business Center II
Supplemental PFFP Amendment
5.3.11.
FISCAL:
5.3.11.1. THRESHOLD STANDARD:
A. The GMOC shall be provided with an annual fiscal impact report which provides an
evaluation of the impacts of growth on the City, both in tenns of operations and capital
improvements. This report should evaluate actual growth over the previous 12-month
period, as well as projected growth over the next 12-18 month period, and 3-5 year period.
B. The GMOC shall be provided with an annual "economic monitoring report" which
provides an analysis of economic development activity and indicators over the next
previous 12-month period, as well as projected growth over the next 12-18 month period,
and 3-5 year period.
5.3.11.2. FACILITIES MASTER PLAN:
A fiscal impact analysis amendment prepared by CIC Research, Inc., (see Appendix A)
identifies the estimated fiscal impact that the EastLake Business Center II prejeet, as
amendment. will have on the operation and maintenance budgets of the City of Chula Vista
(general fund). The Business Center II project will transfered approximately 104.7 acres of
Research and Limited Manufacturing designated land from the EastLake III GDP to the
EastLake II GDP. Information pertaining to the scope of development was derived from
BastLal<e CeHlflllll)' citv staff. The Business Center II pfE~jeet amendment will, previde change
approximately f4,8 16.7 net acres of Research and Limited Manufacturing to Commercial
Retail: create a 4.6 acre hotel site: create a 5.0 acre office site and retain 18.7 acres of Research
and Limited Manufacturing.
The CIC analysis of revenues and expenditures did not include DIF fees. The analysis focused
on the city's general fund account for city services. Estimated revenues were from property
taxes (secured and unsecured), property transfer tax, sales tax, franchise tax, TOT, business
licenses, utility taxes, etc. Estimated expenditures were from police, fire, administration, public
works and planning.
All valHeG are m 1999 dallW'S. Na ar.mJlll EKijtlSlments ta reyeIl.WlS er eests were utilized. The
estimated IIIlffiI8l fle'Ns af easts anti rey_ ere primarily related ta the estimated prejeet
aBs8l'j'ltiea and stIeet ffilIintenllll.ee sehedules.
f~"1fllla! flWef\tieS mnge Hem $81,399 in the first year ef develeJ'lffieBt (2909) ta 3:317,999 at
BHild allt (2992). Bl'l3eaditlireG flIIlge Hem $44,732 iR year eHe ta $177,213 at BHild alit. The
IltJt fisea\ imJlaet ffem dll'leleping the BHSmeSG Ceater II pfBjeet is pasia'le iR year eHe
($36,699) and remains pelliti'le la bllild ellt ($139,800.).
The methodologv used bv CIC for the amendment is essentiallv the same as the previous fiscal
impact analysis. Two basic methodologies were utilized in estimating public agencv revenues
and exoenditures: the case study and the average cost/revenue method. The case studv method
was used to estimate secured propertv tax the transient occupancv tax (fan for the hotel site
and some of the estimated sales taxes from the hotel/motel site. The average cost/revenue
method develops per unit/acre costs and revenues based on the associated costs/revenues
allocated to that land use in the Citv of Chula Vista. The cost factors used were developed bv
ERA for the updated 2007 Citv of Chula Vista Fiscal Model.
70
EastLake Business Center II
Supplemental PFFP Amendment
CIC estimated that the fiscal revenues will range from $146.000 in the first vear of
develooment (2007\ to $731.300 at build-out (2010). Fiscal exoenditures range from $237.800
in 2007 to $386.300 at build-out. The net fiscal impact from the Eastlake Business Center II
Amendment is negative in 2007 ($91.800 loss) and 2008 ($57.400 loss) but becomes pOsitive
in 2009 ($306.500) and is oositive at build out ($345.000). The large oositive impact in the
final vears is due to the hotel develooment.
Revenue Sources Revenues (In Thousands)
2007 2008 2009 2010
Secured Pronertv Tax $25.5 $35.0 $78.7 $89.3
Unsecured Pronertv Tax $6.8 $9.2 $15.6 $18.3
Pronertv Transfer Tax $0.9 ru $2.9 $3.3
Sales & Use Tax $26.7 $33.4 $67.8 $75.3
Franchise Tax $33.9 $46.2 $77.9 $91.6
TOT Tax $0.0 $0.0 $325.8 $325.8
Utility Tax $32.3 $44.0 $74.4 $87.5
Business License $13.3 $15.2 $24.7 $26.8
Miscellaneous Revenues $6.6 $7.6 $12.3 $13.4
TOTAL REVENUES $146.0 $191.7 $680.1 $731.3
Exnenditure Sources Exnenditures fin Thousands)
2007 2008 2009 2010
Le~islative & Administrative $0.6 $0.7 ill ill
Develonment and Maintenance Services $80.2 $84.1 $110.6 $115.0
Police $114.6 $120.1 $191.4 $197.6
Fire $42.4 $44.3 $70.5 $72.6
Cultural and Leisure $0.0 $0.0 $0.0 $0.0
Non-Denartmental $0.0 $0.0 $0.0 $0.0
TOTAL EXPENDITURES '10237.8 $249.1 $373.6 $386.3
Net (In Thousands'
2007 2008 2009 2010
TOTAL REVENUES $146.0 $191.7 $680.1 $731.3
TOTAL EXPENDITURES $237.8 $249.1 $373.6 $386.3
NET FISCAL IMPACT ('1091.8' ($57.4) '10306.5 $345.0
TABLE 5-20
NET FISCAL IMPACT
Source: eye Research. Inc. November 2007
5.3.11.3. THRESHOLD COMPLIANCE:
An analysis of the fiscal impacts of the Business Center II Amendment prejeet dcyelepmeBt
was prepared by CIC Research, Inc. The analysis concluded that the ultimate buildout of the
project will have a $139,899!ler year greater positive long-tenn fiscal impact on the City.
The results of the analysis will be included in the next annual fiscal and economic report
prepared for the GMOC.
71
EastLake Business Center n
Supplemental PFFP Amendment
5.3.12. CIVIC CENTER:
5.3.12.1. CITY THRESHOLD STANDARDS:
There is no adopted threshold standards for these facilities. The facility information is
being provided in this report to aid in establishing operational benchmarks which will
determine construction phasing of the Civic Center. These facilities are funded through
the collection of the DIF fees in effect at the time building permits are issued.
5.3.12.2. EXISTING CONDITIONS:
CIVIC F.\CILITIES INYENTORY
T....BLE S 14
ExistiR~ Civie CeRter faeilities
Civic CeBter
Previeus Ceuniy Health Center
Future PUBlic Werks InGjleetiens Divisien
Tetal
Parking Lets
SqUllre Feet
111,949 s.f.
3,129 s.f.
1.290 s.f.
I Hi,269 s.f.
333 sjlaces
In July of 2001. the final master plan for the renovations to the Civic Center was
approved by City Council. Rebuilding the Civic Center will cost approximately $50
million, which will primarily be funded by development fees (89%). The Civic Center
Redevelopment is currently underway and expected to be completed in three phases by
2009.
Recently, the new City Hall Redevelopment. or Phase One of the Civic Center Complex,
was completed. Phase Two was the remodeling of the old Police Station for a temporary
home for the Planning, Building and Engineering Departments. Phase Three was the re-
building of the Public Services Building, the permanent home for the Planning, Building
and Engineering Departments. The final phase is the construction of a new fire station
headquarters on the current Ken Lee Building site and parking lot expansion for the
complex.
15.3.12.3.
FACILITY REQlTIREMENTS:
The fellewing table slllllHlarizes the Ci'/ie Center faBility refJ.Hirements:
72
EastLake Business Center II
Supplemental PFFP Amendment
FUTBRE F A.CILITIES
TABLE S IS
FUTBRE F !.CILITIES COST sm. ESTIMATED CO&T
, ,.,. _ TT_" 25,765 sJ.8 $2,2(l3,3(l0
" nuL" . . 10,615 s.f. $3,Q23,500
~ 11 A 28,925 s.f. $3,023,llOO
A 6,000 s.f. $1,330,000
c $1,008,000
" , $2,872,000
7. Deffislitisll 5,920 s.f. $83,60Q
0 15, 125 s.f. $227,IQO
n ,., 15,00Q s.f. $180,QQO
,n T 55,QQO s.f. $698,500
-,- . . . ~ n.'
-
12. MailterPI!III - $65,25Q
TOT.A.L SIS,Hi9,300
5.3.12.4-~.
ADEQUACY ANALYSIS:
The need for the Civic Center cannot be easily related to population figures or acres of
commercial and industrial land which will be developed in the future. The facilities,
according to the master plan, are currently inadequate because of the lack of space. This
inadequacy will worsen as employee numbers and their workloads increase in response to
demands for services, which are generated by new development. Expansion of the Civic
Center Complex is currently underway. This expansion includes space planning. design.
and construction that is expected to keep pace with demand for additional work space.
The City Hall facilities have been renovated and now include a new state of the art
Council Chambers. Consistent with the Master Plan. the expansions and renovations
include the conversion of the old Police Station to additional office space. the re-building
of the Public Services Building and a new Fire Station Headquarters Building.
The City is ffisvillg ahead ts ifllj31effieHt Pllllse # I sf the Civie CeHter Master PI!III by
ae(jllirillg adaitisllall!llld ts the weilt sf the enisling Civie Cemer fsr the flFspssea paFking
garage.
8 Same sf tlle size figur.es Feflreseats a eembinatieR sf remedelea euistiHg sEfHafe metage and Re";;l)'
eenslrueled s,!"are reetage. The cempleted ci"/ie facilities "I:ill telal 149,120 square reet".villt 625 pl!fldng
~
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EastLake Business Center II
Supplemental PFFP Amendment
5.3.12.~.FACILITY FINANCING:
In JantilIl)' 1991, the ChHlli Vista City Ca_eil adapted OrdinBflse Na. 2329 establishiag
Ii DewlellmeHt Imllaet Fee to pay fer nine eategeries of pulllie fooilities within the City
sf Chulli ViDta. The fooilities are reE/uires ts sl!flpert future sevelepmeHt withiR the City
ana the Barrent fee sBheffilie as adeptes in ooeerallRee '.v-ith GsvBffiffieHt Ceae Seetion
66999. The prsllesed fee is $2,618 per eElHivaleHt dwelling lHlit.
The pertien ehhe prellBSea fee attributable fer the Civie CeHter is $489IEDU.
The Public Facilities Development Impact Fee (PFDIF) was updated bv the Chula Vista
Citv Council on November 19. 2002 bv adoption of Ordinance 2887. The PFDIF is
adiusted every October 151 pursuant to Ordinance 3050. which was adopted bv the Citv
Council on November 7. 2006. The current fee for commercial (including office)
development is $25.874/acre and industrial development is $8.173/acre. The PFDIF
amount is subiect to change as it is amended from time to time. Area A is built out and
will not be obligated to pav PFDIF fees. Area B and C will pav PFDIF fees at the time
building permits are obtained. At the current fee rate. the estimated obligation for Area B
and C at buildout is $62.463.00 (see Table 5-20)9.
The BastLal,e Bll5iness CeHter II prsjeet will be subjeet te the Jlll.ymeHt ef the fee at the
rate in effeet at the time sflmilding permits are issaes.
DeyelellmeHt BDU's Civie Fee @ Civie Center Fee
$ 180IBDU
BaDtLalce BaDiaess Center
n ~ $228,000 $228,900
TABLE S 1/i
CIVIC FEE FOR BlJ8INESS CENTER II
Development Civic
Area Acres FeeJIndustrial Civic Center Fee
Acre
AreaB&C 27.36 $2,283 $62,463
TABLE 5-21
CIVIC CENTER FEE
5.3.12.-4t-~. THRESHOLD COMPLIANCE AND RECOMMENDA nONS:
Civic Center facilities '.vill be have been funded through the collection of the public
facilities fees at the rate in effect at the time building permits are were issued. Remaining
unbuilt lots in Area B and C will pav current DIF fees at the time building oermits are issued.
9 Actual fee may be different, please verify with the City ofChula Vista at the time of building permit.
74
EastLake Business Center II
Supplemental PFFP Amendment
5.3.13.
CORPORATION YARD:
5.3.13.1. CITY THRESHOLD STANDARDS:
There is no adopted threshold standards for these facilities. The facility information is
being provided in this report to aid in the establishing operational benchmarks which will
determine construction phasing of the Corporation Yard. These facilities are funded
through the collection of the DIF fees in effect at the time building permits are issued.
5.3.13.2. EXISTING CONDITIONS:
The eel]leratisR yard is eUffimtly sfleratiRg beysRd eaflaeity. New de'/ele!llReHt, ';;ith its
resultwlt iRerea~e iR reeJuired lRaiHtellllflee serviees, ereates a Ileed fsr a larger
eeFfleratieR yard. The Rew yard may be leeated east ef I 8115 bee!l\lse ef the availability
of eeHtrally leeated large !lareels. The City ef Clm.la Vista Ce!"flsrate Yard Master PIIIfl
!lrsvides a detailed assessmeat ef the Ileeded [aeility, leeatieR IIfld essts. Tllllle 5 17
!lrsvides a summary of the essts fer tile !lre!lesed Rew CeFflerate Yard Paeility.
CORPORf. TION YARD FACILITY
TARLE S 17
Future Facilities
I. New Buildillgs
2. ReRe'/llted BuildiRgs
3. Bus Wasll/FlIel Isl!IREilCNG ..p equifllReat
4. gitewerk and demelitieR
Subtatal
5. gite aeeJlIisitieR
6. CeRstruetieR CeHtingeRey (@ 5%)
7. .^.re-fiiteetiEllgiReer Pees (@ 9~<')
8. CSllstruetieR Managemeat
9. geils Reflert~, Materials TestiRg !lRd InsfleelisR
J{). Peffilits
Ill. Fumitllre
12. TeleeelllHHUlieatieRslData gystem
Subtatal
TOT,~.L
Cast Estimate
$9,352,70ll
$2,2ll4,600
$2,1 28,2llQ
$2,892.llllQ
SHi,S77,SOO
$8,83ll,QOO
$828,9ll0
$1,492,llllg
$497,300
$240,llgg
$I65,8gg
$829,lgO
S3gQ,QOO
$13,183,100
$29,760,600
The new 25-acre Corporate Yard Facilitv was previouslv an SDG&E eauipment and repair
facilitv. The citv has renovated and added new improvements for the maintenance and repair
of citv owned eQuipment. This facilitv consists of a renovated building that serves as the
administration building for the Corporate Yard. Existing shop buildings have been renovated
and new shops have been added as well as a new maintenance building. The Corporate Yard
includes parking for emplovees. citv vehicles and eauipment. In addition, the new facilitv
includes a Bus Wash/Fuel Island/CNG and associated eQuipment.
5.3.13.3. F AOLITY REQUIREMENTS:
The need for the COIporate Yard cannot be easily related to population figures or acres of
commercial and industrial land, which w.il1 be developed in the future. The growth in
75
EastLake Business Center II
Supplemental PFFP Amendment
population, increase in street miles and the expansion of developed areas in Chula Vista,
requires more equipment for maintenance as well as more space for storage and the
administration of increased numbers of employees. The need for a larger Corporation Yard can
be specifically related to new development.
5.3.13.4. FINANCING FACILITY:
In JamlaFy 1991, fue Cffilla Vista City Ceuneil aclejlted OfliinaHee No. 232Q establishing a
Devele~meat ~aet fee te ~ay fer BiHe eategeries efpulllie facilities \ViiliiR fue City efCfiula
Vista. The fueilities are refjHired te S\ljlfleft futtire develeJlHleat within the City anti the fee
sefledWe has Ileen aclejlted in aeeerdanee wi1ll. GOy_eat Cede See-tien 6609Q. The fees
were lIfldated BY aclejltion ef Ordi8li8ce }Io. 2554 on Aflril 27, 1993. The Jlfflflesed fee is
$2,618 ~er el'Jllivaleat dwe1liRg 1IIlit.
The j'lOItion ofilie j'lfflpesed fee attrib\ltalJle fer COfjleflltien Yard Faeilities is $3E6lEDU. The
Public Facilities Develonment Imoact Fee (PFDlF) was undated bv the Chula Vista City
Council on November 19. 2002 by adontion of Ordinance 2887. The PFDlF is adiusted
every October 1st pursuant to Ordinance 3050. which was adonted by the City Council on
November 19. 2007. The current fee for commercial (including office) develonment is
$25.874/acre and industrial development is $8.173/acre. The PFDlF amount is subiect to
change as it is amended from time to time. Area A is built out and will not be obligated to nay
PFDlF fees. Area Band C will nay PFDlF fees at the time building oermits are obtained. At
the current fee rate. the estimated obligation for Area B and C at buildout is $88.099.00 (see
Table 5-21)10.
The EastLaIm Bll5iness Center II prejeet '",illlle Slibjeet te the payment ef1ll.e fee at 1Il.e flIte in
effeet at the time efllwl6iRg jlernHls are issued.
De'/ele~meRt EDU's Cefjl. YaFd fee @ Cel'fl. YaFd fee
$386/EDU Fer Business CeRter II
EastLaI,e BHsiness ~ $IE3,350 $183,359
-
TABLE !Ii 18
CORPORATE Y ARB FEE FOR BUSINESS CENTER II
Develoument Acres Corn. Yard Feel COrD. Yard Fee
Area Industrial Acre
AreaB&C 27.36 $3.220 $88.099
TABLE 5-22
CORPORATE YARD FEE
5.3.13.5. THRESHOLD COMPLIANCE:
Civic Center and Corporate Yard facilities wiIHle have been fimded through the collection of the
public facilities fees at the rate in effect at the time building permits are were issued. Remainim!
unbuilt lots in Area B and C will nay current DlF fees at the time building oermits are issued.
10 Actual fee may be different, please verify with the City ofChula Vista at the time of building permit.
76
EastLake Business Center n
Supplemental PFFP Amendment
5.3.14.
OTHER PUBLIC FACILITIES
5.3.14.1. THRESHOLD STANDARD:
There is no adopted threshold standard for these facilities which are part of the Public;
Facilities Development Impact Fee Program and include Administration. GIS, MaiHHame
Computer Svstems, TelCflhsHe System Upgfliae Telecommunications, and Records
Management. The information regarding these capital items is being provided in this
section of the PFFP to aid the City and the Developer in calculating the PFDIF fees to be
paid by the Business Center II project. as amended.
The puslie faeilities iaeHtifiea al3sye are aeseribea iH the reJ'lsr-t eHtitlea De';elopmcl'lt
Impact P.ec.fer Public Paei!ities aalea ,'.pril 29, 1993, IrnovlH as aeeWRcHt mHHber C993
~
5.3.14.2. EXISTING CONDITIONS:
The City continues to collect funds from building permit Issuance in the Eastern
Territories for deposit to the accounts associated with other public facilities. These
facilities include administration, records, management, telecommunications, computer
systems and GIS.
5.3.14.3. FINANCING OTHER PUBLIC FACILITIES:
This information is being provided to aid the City and the Developer in calculating the
level of funds to be received from the payment of fees associated with this "Other Public
Facilities" category.
la JWlIlary 1991, the ChHla Vista City CellHeil aaeptea OfEliaWlCe }!e. 2329 csta13lishiag
a De'lelopmeHt Impaet Fee te pay fer VariOHS pHslie faeilities withiH the City of Chula
Vista. The faeilities are reEjliirea to Stlpport aevelepmeHt '.vithia the City aHa the fee
seheallle has seca aaSJ'ltea ia aeesreanee with Gsvemrneat Ceae Seetiea 661199. The
proposea fee is $2,618 per eEjlii'.'a!eHt awelliag Hait. The eempeHeHt ef the fee
attrisHtable ts "Other PHblie Faeilities" as aeseHbea al3eve is $176.99 per BDU.
The Public Facilities Development Impact Fee (PFDIF) was updated bv the Chula Vista
City Council on November 19. 2002 bv adoption of Ordinance 2887. The PFDIF is
adiusted every October 151 pursuant to Ordinance 3050. which was adopted bv the Citv
Council on November 19. 2006. The current fee for commercial (including office)
development is $25.874/acre and industrial development is $8. 173/acre. The PFDIF
amount is subiect to change as it is amended from time to time. Area A is built out and
will not be obligated to pav PFDIF fees. Area B and C will pay PFDIF fees at the time
building permits are obtained.
77
EastLake Business Center II
Supplemental PFFP Amendment
The Business Center II proiect is within the boundaries of the public facilities DIF
program and. therefore. the proiect will be subiect to the pavment of the fee at the rate in
effect at the time building permits are issued. At the current fee rate. the estimated
obligation for Area Band C at buildout is $14.857.00 (see Table 5-22)11
TABLES 19
PUBLIC FACILITIES FEES FeR OTHER PUBLIC FACILITIES
I . ~~. I EDD's I o~~,,>;:~ "'1
BHGlBJ ~ ~~rejeet . 4+.S . S83;eOQ .
Development Acres Other Public Facilitv Other Public Facilities Fee
Area FeelIndustrial Acre
AreaB&C 27.36 $543 $14.857
TABLE 5-23
PUBLIC FACILITIES FEES
5.3.14.4 THRESHOLD COMPLIANCE AND RECOMMENDATIONS:
Other Public Facilities wiIl-be have been fimded through the collection of the public facilities fees
at the rate in effect at the time building permits are were issued. Remaining unbuilt lots in Area B
and C will pav current D IF fees at the time building oermits are issued.
II Actual fee may be different, please verifY with the City of Chula Vista at the time of building permit.
78
EastLake Business Center n
Supplemental PFFP Amendment
5.3.15. PUBLIC FACILITIES FINANCE
5.3.15.1 OVERVIEW:
All development within the City of Chula Vista must be in compliance with the City's
Growth Management Program. The appropriate public facility financing mechanisms are
required and approved by the City to fund the acquisition, construction and maintenance
of public facilities. New facilities will be required to support the planned development of
the Business Center II project.
The public facilities are generally provided or financed in one or more of the following
ways: Subdivision Exaction, Development Impact Fee and Debt Financing. It is
anticipated that all three methods will be utilized for the Business Center II project to
construct and finance public facilities.
5.3.15.2. SUBDIVISION EXACTION:
Developer constructed and financed as a condition of project approval.
Tentative Map Conditions:
Public improvements for the Business Center II project. as amended. will be were
constructed simultaneously with related subdivisions. Through the use of the
Subdivision Map Act, it is the responsibility of the Developer to provide fef the local
street and utility improvements. The use of subdivision conditions and exactions,
where appropriate, will ensure that the construction of facilities is timed with actual
development. When appropriate, however, the city may impose the use of other
public facilities financing mechanisms to finance the public improvements.
5.3.15.3. DEVELOPMENT IMPACT FEE (DIF):
Funded through the collection of an impact fee. Constructed by the public agency or
Developer constructed with a reimbursement or credit against specific fees.
Development Impact Fee Programs
Development Impact Fees (DIF) are acceptable methods to contribute to the financing
of capital improvements within the city of Chula Vista. The EastLake Business
Center II project is subject to fees established to help defray costs of facilities which
will benefit the Bllsiness Center II project. These fees include but may not be limited
to:
A. Eastem Chela Vista Transportation Development Impact Fee (TDIF):
Street DIl' established Established to provide financing for circulation
element road projects of regional significance~ ia the area east ef! 895.
79
EastLake Business Center II
Supplemental PFFP Amendment
B. Public Facilities Development Impact Fee (PFDIF): Pliblie Faeilities DlF
established Established to collect funds for civic center facilities, police
fueility relfteaeling, corporation yard releeatien, libraries, fire suppression
system, geographical information system, mainframe computer, telephone
system upgrade and a records management system.
C. Park Aeqaisitien md De'/elej3lfteflt Fees: PAD fee eota13lishea te pay fer
the aeqaisitien !illS seveloj3ffieflt ef new j311fk faeilities.
:g C. Traffic Signal Fees: To pay for traffic signals associated with circulation
element streets.
B D. Telegraph Canyon Gravity Sewer Basin DIF: Fee established to pay for
sewer basin improvements due to increased flows from future
development.
F Telegr-llflh Canyon Pulft.j3es Sewer DIF: Fee estaillishes te pay fer system
upgrades ",Athia the Telegr!lj3h C!lHyea gewer Basin te aeeoffimesate
flews generates eutside of the 13asia.
G TelegfllJlh C8B)'oa Basia DIF: Fee esta13lishea te j3ay fer tlraiaage 13asin
ilftpreveffieflts.
II. Iflterim SR 125 DIP: Fee eota13lishes te j3ay fer eeFtain transj30rtatiea
faeilities ia the eaotem area ef Caula Vista te relie'le tmffie eongestien
prier te eeaotl'lletien ef SR 125.
I E. Otay Water District Fees: OWD may require annexation to an existing
improvement district or creation of some other finance mechanism that
may result in specific fees being modified.
5.3.15.4. DEBT FINANCE PROGRAMS:
The City ofChula Vista has a history of using assessment districts to finance a number of
street improvements, as well as sewer and drainage facilities. The Otay Municipal Water
District has used such improvement districts for water system improvements. Both
school districts have implemented Mello-Roos Community Facility Districts to finance
school facilities.
80
EastLake Business Center II
Supplemental PFFP Amendment
A. Assessment Districts
Special assessment districts may be proposed for acquIrIng, constructing and/or
maintaining certain public improvements under the Municipal Improvement Act of
1913 and the Improvement Bond Act of 1915. The City has suspended the use of the
Lighting and Landscape Act of 1972 for new open space district formation due to the
passage of Proposition 218. The administration of the special assessment district is
the responsibility of the public agency.
B. Community Facilities District (CFD)
On January 13, 1998, the City Council adopted the "City ofChula Vista statement of
goals and policies regarding the establishment of Community Facilities Districts"
(CFD). The approval of this document ratified the use ofCFD's as a public financing
mechanism for:
. The construction and/or acquisition of public infrastructure, and
. The financing of authorized public services, including services provided by open
space districts.
On April 28, 1998, the City Council enacted the "Chula Vista Community Facilities
District Ordinance." This ordinance adopted the Mello-Roos Act with modifications
to accomplish the following:
. Incorporate all maintenance activities authorized by the "Landscaping & Lighting
Act of 1972" (1972 Act) and
. Include maintenance activities not listed in the "Mello- Roos Act" or the "1972
Act."
Special assessment financing may be appropriate when the value or benefit of the
public facility can be assigned to specific properties. Assessments are levied in
specific amounts against each individual property on the basis of relative benefit.
Special assessments may be used for both publicly dedicated on-site and off-site
improvements.
B C. Mello-Roos Community Facilities Act of 1982
The Mello-Roos Community Facilities Act of 1982 authorizes formation of
community facilities districts which impose special taxes to provide financing for
certain public facilities or services. Facilities which can be provided under the Act
include the purchase, construction, expansion, or rehabilitation of: Local park,
recreation, or parkway facilities; Elementary and secondary school sites and
structures; Libraries; and, any other governmental facilities that legislative bodies are
authorized to construct, own or operate. In addition, the City has enacted an
ordinance that adopted the Mello-Roos Act with modifications to accomplish the
maintenance of facilities.
81
EastLake Business Center II
Supplemental PFFP Amendment
5.3.15.5. OTHER METHODS USED TO FINANCE FACILITIES:
General Fund:
The City of Chula Vista's general fund serves to pay for many public services throughout
the City. Those facilities and services identified as being funded by general fund sources
represent those that will benefit not only the residents of the proposed project, but also
Chula Vista residents throughout the City. In most cases, other financing mechanisms
are available to initially construct or provide the facility or service, then general fund
moneys would only be expected to fund the maintenance costs once the facility is
accepted by the City.
State and Federal Funding
Although rarely available to fund an entire project, Federal and State financial and
technical assistance programs have been available to public agencies, in particular the
public school districts.
The City was reeemly awarded a $6 million State Grant to construct the
Montgomery/Otay Library.
Dedications
Dedication of sites by Developers for public capital facilities is a common financing tool
used by many cities. In the case of the EastLake Business Center II project, the project
will dedicate public streets.
Developer Reimbursement Agreements
Certain facilities that are off-site of the EastLake Business Center II project and/or
provide regional benefits may be constructed in conjunction with the development of the
project. In such instances, developer reimbursement agreements may be executed to
provide for a future payback to the Developer for the additional cost of these facilities.
Future developments are required to pay back their fair share of the costs for the shared
facility when development occurs.
Special Agreementsillevelopment Agreement
This category includes special development programs for financing special arrangements
between the City and the Developer such as credits against fees, waiver of fees, or
charges for the construction of specific facilities.
A development agreement can play an essential role in the implementation of the Public
Facilities Financing Plan. The Public Facilities Financing Plan clearly details all public
facility responsibilities and assures that the construction of all necessary public
82
EastLake Business Center II
Supplemental PFFP Amendment
improvements will be appropriately phased with actual development, while the
development agreement identifies the obligations and requirements of both parties.
5.3.15.6. Cumulative Debt
The City of Chula Vista has an established policy limiting the maximum debt to be
placed on a residential dwelling unit to an additional one percent above the property tax.
This policy was restated in the adopted Growth Management Program.
Like many other cities, Chula Vista has long understood that it is not the only agency
which can utilize public finance mechanisms and, therefore, can not always guarantee
that the total debt will remain at or below a maximum of 2 percent. The City needs to
coordinate its debt finance programs with the other special districts which provide service
to the residents of Chula Vista to ensure that the cumulative debt does not become
excessive. Coordination is also necessary to guarantee all public facilities needed to
support a development can be financed and constructed as needed.
This project does not include any Assessment Districts. All required supporting
infrastructure is being paid by the Developer.
5.3.15.7. LIFECYCLE COST
Section 19.09.060 Analysis subsection F(2) of the Growth Management Ordinance
requires the following:
"...The inventory shall include Life Cycle Cost ("LCC") projections for each
element in 19.09.060(E) ... as they pertain to City fiscal responsibility. The LCC
projections shall be for estimated life cycle for each element analyzed. The model
used shall be able to identify and estimate initial and recurring life cycle costs...
Background
Life Cycle Costing (LCC) is a method of calculating the total cost of asset ownership
over the life span of the asset. Initial costs and all Subsequent expected costs of
significance are included in the LCC analysis as well as disposal value and any other
quantifiable benefits to be derived as a result of owning the asset. Operating and
maintenance costs over the life of an asset often times far exceed initial costs and must be
factored into the decision process.
LCC analysis should not be used in each and every purchase of an asset. The process
itself carries a cost and therefore can add to the cost of the asset. LCC analysis can be
justified only in those cases in which the cost of the analysis can be more than offset by
the savings derived through the purchase of the asset.
83
EastLake Business Center U
SupplementaJ PFFP Amendment
Four major factors which may influence the economic feasibility of applying LCC
analysis are:
I. Energy Intensiveness - LCC should be considered when the anticipated energy costs
of the purchase are expected to be large throughout its life.
2. Life Expectancy - For assets with long lives (Le., greater than five years), costs other
than purchase price take on added importance. For assets with short lives, the initial
costs become a more important factor.
3. Efficiency - The efficiency of operation and maintenance can have significant impact
on overall costs. LCC is beneficial when savings can be achieved through reduction
of maintenance costs.
4. Investment Cost - As a general rule, the larger the investment the more important
LCC analysis becomes.
Applications for LCC Analysis
The City of Chula Vista currently utilizes LCC analysis in determining the most cost
effective purchase of capital equipment as well as in the determination of replacement
costs for a variety of rolling stock. The use of LCC techniques takes place in the
preparation of the City's Five Year Capital Improvement Budget (CIP) as well as in the
Capital Outlay sections of the armual Operating Budget.
There are no project facilities that are not covered by LCC analysis. In these existing
processes, the City should require the use of LCC analysis prior to or concurrent with the
design of public facilities required by new development. Such a requirement will assist
in the determination of the most cost effective selection of public facilities.
84
EastLake Business Center II
Supplemental PFFP Amendment
i
HI II II I I : @
, ' ,
tit
firl U II II
I w1i IIIII1
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. . . . . .
. . . . . .
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00
ummarv 0 SIma e ees an aCI ItJes or rea
Facilitv Facilitv Fee Estimate13 DIF Pro!!:ram Timin!!: Fundin!!: Source Financin!!:
Descrintion Method
Transoortation $2.358.924 Transoortation Facilities Concurrent wi Buildin2 DIF const.! Fee Pro2ram
Transoortation Facilities in Eastern Territories Permit exaction
Traffic Si~nal $268.085" Traffic Si~nal Fee 1$27.70) " DIF exaction Fee Pro2fam
Subtotal $2 627 009
Potable Water 980 Zone To be Determined bv City DIF fees do not aoolv Concurrent wi Final MaD OWD CIP Fees Caoacitv Fees
OWD to the OWD and Exactions
Recvcle Water 950 Zone To be Determined bv City D1F fees do not aoolv Concurrent wi Final MaD OWD CIP Fees Caoacitv Fees
OWD to the OWD and Exactions
Sewer Tele2raoh Cvn. Unknown Tele2faoh Cvn. Gravitv Concurrent wi Buildin2 CIPIDevelooment Fee Pro2fam
Gravitv Sewer Sewer Basin DIF Permit
Drainae:e Connect to exist. Unknown No Draina2e DIF Per Ordinance Develooer funded Subdivision exaction
SD
Schools No soecific facility N/A DIF not re"uired for schools Concurrent wi Final MaD Mello-Roos CFD CFD
Parks Park dedication & N/A Park Acauisition & Pay llil Bld2 Permit PAD Fees Fee Pro2fam
construction Develonment rp Ai)) Fees
Librarv Pay PFDlF Fee N/A Public Facilities D1F Pay (jj) BIM Permit N/A Fee Pro2fam
Fire & EMS Pay PFDIF Fee $16.470 Public Facilities DIF Pay llil BlM Permit $602/AC Fee Pro~am
Police Pay PFDIF Fee $41.724 Public Facilities DIF PaV( Bid. Permit $1.525/AC Fee Pro2fam
Civic Pay PFDIF Fee 62.463 Public Facilities D1F PaVI B Id2 Permit $2.283AC Fee Pr02ram
Comorate Yard Pay PFDIF Fee $88.099 Public Facilities DIF Pavl Bld~ Permit $3.220/AC Fee Pro~am
Other Pay PFDIF Fee $14.857 Public Facilities DIF Pay (jj) Bld2 Permit $543/AC Fee Pro2fam
Total $2 850 622
Table 5-24
EastLake Business Center II Supplemental PFFP Amendment
S fE t' t d F d F T' f A B & C
13 This is an estimated fee. The actual fee will be calculated at the time ofoermit issuance.
14 Fees based on the worst case (see Tables 5-5 and 5-6). The actual fee will be calculated at the time ofoermit issuance.
86
EastLake Business Center n
Supplemental PFFP Amendment
APPENDIX A
EASTLAKE BUSINESS CENTER II
FISCAL IMPACT ANALYSIS AMENDMENT
BY CIC RESEARCH
A-I
EastLake Business Center II
Supplemental PFFP Amendment
Appendix A
AMENDMENT TO FISCAL IMPACT REPORT
The purpose to this amendment is to determine the fiscal impact of the new land
use designations for the remaining 45 acres of the Eastlake Industrial Center. The land
use is changing from industrial to 16.7 acres of commercial retail, 5 acres of office, and
4.6 acres of hotel/motel. There will be 18.7 acres of industrial land remaining from the
original 45 acres. A brief description of the methodology of the study and a summary of
the results are presented in this report. Detailed tables of the fiscal impact analysis are
immediately following this summary report.
Methodology
The methodology is essentially the same as the previous fiscal impact analysis.
Two basic methodologies were utilized in estimating public agency revenues and
expenditures; the case study and the average cost/revenue method. The case study
method is based on specific characteristics of the project from which revenues can be
estimated. The case study method was used to estimate secured property tax the transient
occupancy tax (TOT) for the hotel/motel site and some of the estimated sales taxes from
the hotel/mote] site. The average cost/revenue method develops per unit/acre costs and
revenues based on the associated costs/revenues allocated to that land use in the City of
Chu]a Vista. This method was used for all costs and the remainder of the revenue
categories. The cost factors used were developed by ERA for the updated 2007 City of
Chula Vista Fiscal Model.
Summary of Results
The following table presents the results of the fiscal impact associated with the
Eastlake commercial development. Fiscal revenues range from $146,000 in the first year
of development (2007) to $731,300 at build-out (2010). Fiscal expenditures range from
$237,800 in 2007 to $386,300 at build-out. The net fiscal impact from developing the
Eastlake II Annexation is negative in 2007 ($91,800 loss) and 2008 ($57,400 loss) but
becomes positive in 2009 ($306,500) and is positive at build out ($345,000). The large
positive impact in the final years is due to the hotel/motel development.
A-2
EastLake Business Center II
Supplemental PFFP Amendment
Appendix A
EASTLAKE BUSINESS CENTER II AMENDMENT
NET FISCAL IMPACT
Revenue Sources
Revenues (In Thousands)
2007 2008 2009
$25.5 $35.0 $78.7
$6.8 $9.2 $15.6
$0.9 $1.2 $2.9
$26.7 $33.4 $67.8
$33.9 $46.2 $77.9
$0.0 $0.0 $325.8
$32.3 $44.0 $74.4
$13.3 $15.2 $24.7
$6.6 $7.6 $12.3
$146.0 $191.7 $680.1
Secured Property Tax
Unsecured Property Tax
Property Transfer Tax
Sales & Use Tax
Franchise Tax
TOT Tax
Utility Tax
Business License
Miscellaneous Revenues
TOTAL REVENUES
Expenditure Sources
Expenditures (In Thousands)
2007 2008 2009
$0.6 $0.7 $1.1
$80.2 $84.1 $11 0.6
$114.6 $120.1 $191.4
$42.4 $44.3 $70.5
$0.0 $0.0 $0.0
$0.0 $0.0 $0.0
$237.8 $249.1 $373.6
Legislative & Administrative
Development and Maintenance Services
Police
Fire
Cultural and Leisure
Non-Departmental
TOTAL EXPENDITURES
2010
$89.3
$18.3
$3.3
$75.3
$91.6
$325.8
$87.5
$26.8
$13.4
$731.3
2010
$1.1
$115.0
$197.6
$72.6
$0.0
$0.0
$386.3
Net (In Thousands)
2007 2008 2009 2010
$146.0 $191.7 $680.1 $731.3
$237.8 $249.1 $373.6 $386.3
($91.8) ($57.4) $306.5 $345.0
Source: CIC Research, Inc. November 2007
TOTAL REVENUES
TOTAL EXPENDITURES
NET FISCAL IMPACT
A-3
EastLake Business Center II
Supplemental PFFP Amendment
Appendix A
EASTLAKE BUSSINESS CENTER II AMENDMENT
FISCAL IMPACT
DETAILED TABLES
Table 1
ABSORPTION SCHEDULE BY LAND USE
Land Use
PerUnitl
Net Acre Value
(OOO's)
Cumulative Developed and Occupied Units/Net Acres
2007 2008 2009 2010 Total
Total Industrial Acres
Total Commercial Retail Acres
Total Commercial Office Acres
Total Commercial Hotel Acres
Total Acres
$1,456
$1,409
$3,317
$3,261
0.0
16.7
0.0
0.0
16.7
Table 2
ASSESSED VALUE
Land Use
PerUnitl
Net Acre Value
(Ooo's)
$1,456
$1,409
$3,317
$3,261
$0
$23,530
$0
$0
$23,530
6.0
16.7
0.0
0.0
22.7
12.0
16.7
5.0
4.6
28.7
18.7
16.7
5.0
4.6
45.0
18.7
16.7
5.0
4.6
45.0
Cumulative Assessed Value(OOO's)
2007 2008 2009 2010
Total Industrial Acres
Total Commercial Retail Acres
Total Commercial Office Acres
Total Commercial Hotel Acres
Total Acres
Table 3
Secured Property Tax Revenue (OOOs)
2006 Budget
For Secured Property Tax
$19,193,563
Secured Properly Tax Revenue (OOOs)
2007 2008 2009
SECURED PROPERTY TAX REVENUES
$8,736
$23,530
$0
$0
$32,266
$17,472
$23,530
$16,585
$15,001
$72,588
$27,227
$23,530
$16,585
$15,001
$82,343
2010
Total Assessed Values
Tax Rate
Total Chula Vista Share.
$23,530
$235
$25.5
1.0%
10.844%
$32,266
$323
$35.0
$72,588
$726
$78.7
$82,343
$823
$89.3
. Derived from discussions with the County Assessors Office, the City receives 10.844 % of the 1% property tax collected on the
subject property
Tax Per
Acre 2007 2008 2009 2010
$405 $0.0 $2.4 $4.9 $7.6
$405 $6.8 $6.8 $6.8 $6.8
$405 $0.0 $0.0 $2.0 $2.0
$405 $0.0 $0.0 $1.9 $1,9
$6.8 $9.2 $15.6 $18.3
A-4 EastLake Business Center II
Supplemental PFFP Amendment
Appendix A
Table 4
Unsecured Property Tax Revenue (Ooo's)
2006 Budget
For Unsecured Property Tax
$840,000
UNSECURED PROPERTY TAX
Total Industrial Acres
Total Commercial Retail Acres
Total Commercial Office Acres
Total Commercial Hotel Acres
Total Unsecured Property Tax
2006 Budget
For Property Transfer Tax
Table 5
ESTIMATED PROPERTY TRANSFER TAX REVENUES
Industrial/Commercial Resale Ratio (14 years)
Product
Total Industrial Acres
Total Commercial Retail Acres
Total Commercial Office Acres
Total Commercial Hotel Acres
Total Property Transfer Tax
Sales Taxes From New Demand
Sales Taxes Collected 2006
Estimated Non-Local Demand %
Estimated Local Demand
Local Demand Breakdown
Residential
Commercial (induding Office and Hotel)
Industrial
Other (Government. Schools, etc)
Total Local Demand
Commercial (including Office and Hotel)
Industrial
Per Acre
Commercial (including Office and Hater)
Industrial
$2,407,777
0.00003929
Tax Per
Acre
$59
$54
$140
$130
Property Transfer Tax (ODDs)
2007 2008 2009
$0.0 $0.3 $0.7
$0.9 $0.9 $0.9
$0.0 $0.0 $0.7
$0.0 $0.0 $0.6
50,9 51,2 52,9
2010
$1.1
$0.9
$0.7
$0.6
53.3
Table 6
ESTIMATED SALES TAX REVENUES
$ 26,788,000
280%
$ 19,287,360
75%
10%
5%
10%
$ 1,928,736
$ 964,368
$ 1,598
$ 1,112
Additional Sales Tax From Hotel/Motel Guests.
Avg. Daily Spending Per Capita Hotel/Motel Visitor-
Excluding LOdQinQ Expef!se . .
Hotel/Motel - Excluding Lodging Expense And Adjusted By
lodging Rate
Estimated Percentage of Expenditures Taxable in Chula Vista
Number of Rooms
Estimated Occupanr:y Rate
Taxable Sales
Tax Rate to City of Chula Vista
Estimated Annual Sales Taxes From EastJake Hotel/Motel
Per Acre Estimate Of Sales Taxes Generated By Visitors
2006 Budget
For Sales Tax
land Use
Total Industrial Acres
Total Commercial Retail Acres
Total Commercial Office Acres
Total Commercial Hotel Acres
Total Sales Tax
$26,788,000
Sales Tax
Per Unit/Acre
$1,112
$1,598
$1,598
$4,301
$ 94.51
$ 91.60
37%
150
67%
$ 1,243,248
1%
$ 12,432
$ 2,703
City of Chula Vista's Share of Sales Tax (ODDs)
2007 2008 2009 2010
$0.0 $6.7 $13.3 $20.8
$26.7 $26.7 $26,7 $26.7
$0.0 $0.0 $8.0 $8.0
$0.0 $0.0 $19.8 $19.8
526,7 $33,4 567.8 575,3
*Visitor spending is based on CIC Research's "2006 San Diego Visitor Survey" conducted for San Diego CONVIS
A-5
EastLake Business Center II
Supplemental PFFP Amendment
Appendix A
Table 7
ESTIMATED FRANCHISE FEES
2006 Budget
For Franchise Fees
$6,700,000
Total Industrial Acres
Total Commercial Retail Acres
Total Commercial Office Acres
Total Commercial Hotel Acres
Total Franchise Fees
$2,047
$2,027
$2,027
$2,027
Franchise Fee Revenue (000'5)
2007 2008 2009
$0.0 $12.3 $24.8
$33.9 $33.9 $33.9
$0.0 $0.0 $10.1
$0.0 $0.0 $9.3
$33.9 $46.2 $77.9
2010
$38.3
$33.9
$10.1
$9.3
$91.6
Land Use
Per Acre
Table 8
ESTIMATED TRANSIENT OCCUPANCY TAX
Number of rooms 150
Estimated Room Rate" $ 85
Occupancy Rate" 70%
Number of Days 365
Yearly Room Sales $ 3,257,625
T.O. Tax Rate 10%
Estimated T.O. Tax $ 325,763
Per Acre $ 70,818
2006 Budget
For Transient Occupancy Tax
$2,410,301
Transient Occupancy Tax (000'5)
Land Use
Total Hotel Acres
Total Transient Occupancy Tax
TOT per UniUNet
Acre
$70,818
2007
$0.0
$0.0
2008
$00
$0.0
2009
$325.8
$325.8
2010
$325.8
$325.8
. Estimated room rate and occupancy rate was based on Smith Travel Research, Annual 2006, which reported the following:
Occupancy Rate: South and East SO County 69%: SO County Midprice 70%; SO County 150 Room 75%
Room Rate: South and East SO County $64; SO County Midprice $91; SO County 150 Room $131
Estimates reflect a conservative approach to forecasting foom rates and occupancy rate.
A-6
EastLake Business Center II
Supplemental PFFP Amendment
Appendix A
1999/2000 Budget
For Utility Tax
Total Industrial Acres
Total Commercial Retail Acres
Total Commercial Office Acres
Total Commercial Hotel Acres
Total Utility Tax
2006 Budget
For Business license Tax
Land Use
Table 9
ESTIMATED UTILITY TAX
$6,400,000
Utility Tax Revenue (OOO's)
Tax per
Unit/Net Acre 2007 2008 2009 2010
$1,955 $0.0 $11.7 $23.5 $36.6
$1,936 $32.3 $32.3 $32.3 $32.3
$1,936 $0.0 $0.0 $9.7 $9.7
$1,936 $0.0 $0.0 $8.9 $8.9
$32.3 $44.0 $74.4 $87.5
Table 10
ESTIMATED BUSINESS LICENSE REVENUE
$1,229,948
Average
Business License
Fee Per Acre
Business License Fees (ODD's)
2007 2008 2009
2010
Total Industrial Acres
Total Commercial Retail Acres
Total Commercial Office Acres
Total Commercial Hotel Acres
Total Business License Tax
2006 Budget
Animal License & Bicycle Licenses
Motor Vehicle Licenses
Gas Tax
Law Enforcement Fines
Other Fines
Parking Citations
Charges for Current Services
Recreation Proqram
Total Misc. Revenue
Land Use
Total Industrial Acres
Total Commercial Retail Acres
Total Commercial Office Acres
Total Commercial Hotel Acres
Total Miscellaneous Revenues
$312
$795
$795
$795
$0.0
$13.3
$0.0
$0.0
$13.3
$1.9
$13.3
$0.0
$0.0
$15.2
$3.7
$13.3
$4.0
$3.7
$24.7
Per UniUAcre
Miscellaneous Revenue (OOO's)
2007 2008 2009
$0.0 $1.0 $2.0
$6.6 $6.6 $6.6
$0.0 $0.0 $2.0
$0.0 $0.0 $1.8
$6.6 $7.6 $12.3
$163
$394
$394
$394
A-7
$5.8
$13.3
$4.0
$3.7
$26.8
2010
$3.1
$6.6
$2.0
$1.8
$13.4
EastLake Business Center II
Supplemental PFFP Amendment
Appendix A
Legislative & Administrative
Table 12
ESTIMATED LEGISLATIVE AND ADMINISTRATIVE EXPENDITURES
Estimated Cost (OOO's)
2007 2008 2009
2010
Total Industrial Acres $ 9.84 per acre $0.000 $0,060 $0.120
Total Commercial Retail Acres $ 37.30 per acre $0.620 $0.620 $0.620
Total Commercial Office Acres $ 40.28 per acre $0.000 $0.000 $0.200
Total Commercial Hotel Acres $ 23.84 per acre $0.000 $0.000 $0.110
Total Legislative & Administrative $0.620 $0.680 $1.050
$0.180
$0.620
$0.200
$0.110
$1.110
Table 13
ESTIMATED DEVELOPMENT AND MAINTENANCE SERVICES EXPENDITURES
Estimated Cost (OOO's)
Development and Maintenance Services 2007 2008 2009 2010
Total Industrial Acres $ 650.98 per acre $0.000 $3.910 $7.810
Total Commercial Retail Acres $ 4,802.27 per acre $80.200 $80.200 $80.200
Total Commercial Office Acres $ 3,099.43 per acre $0.000 $0.000 $15.500
Total Commercial Hotel Acres $ 1.541.40 per acre $0.000 $0.000 $7.090
Total Development and Maintenance Services $80.200 $84.110 $110.600
Police
Table 14
ESTIMATED POLICE SERVICES EXPENDITURES
Estimated Cost (ODD's)
2007 2008 2009
$12.170
$80.200
$15.500
$7.090
$114.960
2010
Total Industrial Acres
Total Commercial Retail Acres
Total Commercial Office Acres
Total Commercial Hotel Acres
Total Police
$ 916.56 per acre $0.000 $5.500 $11.000
$ 6,860.31 per acre $114.570 $114.570 $114.570
$ 6,660.31 per acre $0.000 $0.000 $34.300
$ 6,660.31 per acre $0.000 $0.000 $31.560
$114.570 $120.070 $191.430
A-8
EastLake Business Center II
Supplemental PFFP Amendment
Appendix A
$17.140
$114.570
$34.300
$31.560
$197.570
Fire
Table 15
ESTIMATED FIRE SERVICES EXPENDITURES
Estimated Cost (000'5)
2007 2008 2009
2010
Total Industrial Acres
Total Commercial Retail Acres
Total Commercial Office Acres
Total Commercial Hotel Acres
Total Fire
Cultural and Leisure
$ 313.56 per acre $0.000
$ 2,538.77 per acre $42.400
$ 2,538.77 per acre $0.000
$ 2,538.77 per acre $0.000
$42.400
Table 16
ESTIMATED CULTURAL AND LEISURE
2007
$1.880
$42.400
$0.000
$0.000
$44.280
$3.760
$42.400
$12.690
$11.680
$70.530
$5.861
$42.401
$12.691
$11.681
$72.631
2010
Total Industrial Acres
Total Commercial Retail Acres
Total Commercial Office Acres
Total Commercial Hotel Acres
Total Cultural and leisure
$
$
$
$
per acre
per acre
per acre
per acre
$0.000
$0.000
$0.000
$0.000
$0.000
EXPENDITURES
Estimated Cost (OOO's)
2008 2009
$0.000
$0.000
$0.000
$0.000
$0.000
$0.000
$0.000
$0.000
$0.000
$0.000
Table 17
ESTIMATED OTHER NON-DEPARTMENTAL EXPENDITURES
Estimated Cost (OOO's)
2008 2009
$0.000 $0.000
$0.000 $0.000
$0.000 $0.000
$0.000 $0.000
$0.000 $0.000
Non-Departmental
Total Industrial Acres
Total Commercial Retail Acres
Total Commercial Office Acres
Total Commercial Hotel Acres
Total Non-Departmental
$
$
$
$
per acre
per acre
per acre
per acre
A-9
2007
$0.000
$0.000
$0.000
$0.000
$0.000
EastL.ke Business Center II
Supplemental PFFP Amendment
Appendix A
$0.000
$0.000
$0.000
$0.000
$0.000
2010
$0.000
$0.000
$0.000
$0.000
$0.000
Expenditures (In Thousands)
2007 2008 2009 2010
$0.6 $0.7 $1.1 $1.1
$80.2 $84.1 $110.6 $115.0
$114.6 $120.1 $191.4 $197.6
$42.4 $44.3 $70.5 $72.6
$0.0 $0.0 $0.0 $0.0
$0.0 $0.0 $0.0 $0.0
$237.8 $249.1 $373.6 $386.3
TABLE 18
NET FISCAL IMPACT
Revenue Sources
Revenues (In Thousands)
2007 2008 2009
$25.5 $35.0 $78.7
$6.8 $9.2 $15.6
$0.9 $1.2 $2.9
$26.7 $33.4 $67.8
$33.9 $46.2 $77.9
$0.0 $0.0 $325.8
$32.3 $44.0 $74.4
$13.3 $15.2 $24.7
$6.6 $7.6 $12.3
$146.0 $191.7 $680.1
Secured Property Tax
Unsecured Property Tax
Property Transfer Tax
Sales & Use Tax
Franchise Tax
TOT Tax
UtilityTax
Business License
Miscellaneous Revenues
TOTAL REVENUES
Expenditure Sources
Legislative & Administrative
Development and Maintenance Services
Police
Fire
Cultural and Leisure
N on-Departmental
TOTAL EXPENDITURES
2010
$89.3
$18.3
$3.3
$75.3
$91.6
$325.8
$87.5
$26.8
$13.4
$731.3
Net (In Thousands)
2007 2008 2009 2010
$146.0 $191.7 $680.1 $731.3
$237.8 $249.1 $373.6 $386.3
($91.8) ($57.4) $306.5 $345.0
Source: CIC Research, Inc. November 2007
TOTAL REVENUES
TOTAL EXPENDITURES
NET FISCAL IMPACT
A-IO
EastLake Business Center II
Supplemental PFFP Amendment
Appendix A
APPENDIX B
WATER WILL SERVE LETTER (OMWD)
B-1
EastLake Business Center II
Supplemental PFFP Amendment
Appendix B
~,---_._'-,.""
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...'-l)rtJir.nlcd to COll1nll/llil~ ~B/ll.litC
25~ SWEETWATER SPRlNGS BOULEVARD, SPRING VAllEY. CAlIFORNIA 91918.2004
TELEPHONE: 610.2222, AREA CODE ~'9 www.Olaywaler.gov
. Project 1iQ,.: P1438-000001
m~~~~n'ij~l~\\ Activity: 3111
~ J:~::N~:: \ ~I
...---.-....--
Mr. Ben Guerrero
Environmental Projects Manager
Chula Vista Planning Department
276 Fourth Ave MSP-100
Chula Vista, CA 91910
SUBJECT: WILL SERVE LETTER FOR HIGH RISE BUILDINGS IN
THE EASTLAKE BUSINESS DISTRICT
Dear Me Guerrero:
This letter is In response to a request made by you for Otay Water District to provide a
letter indicating that the project will be provided adequate potable water service and
long-term water storage facilities.
The Otay Water District has the terminal long-term water storage capacity to serve the
above referenced project. The developer will be required make all necessary district
deposits to cover engineering and inspection costs. In addition, fire flow calculation for
the business district is attached with a separate letter.
Any additional fees will be collected upon the sale of water meter(s) for this project.
Usually the meter purchase(s) occur in advance of the properties being dedicated to the
City: With this in mind, Otay Water District has .no objection to the recordation of the
"final map".' .
Should you have any further concern, please call me at (619) 670-2243.
Sincerely, .
rtJATrr DISTRICT
/.J/~T~
David T. Charles
Public Services Manager
DTC:jrf
PLEASE NOTE: .
This approval ofavailabillly is subject to a'l Otay Water District requirements in effect at the time of application for service.
P:\Pllb~c..\LETTERS\WlLL SERVE\2001\WILL SERVE LETTER EASTlAKE BUSINESS DISTRICT 6-14001,doc
B-2
EastLake Business Center II
Supplemental PFFP Amendment
Appendix B
APPENDIX C
FIRE FLOW CALCULATIONS
C-l
EastLake Business Center II
Supplemental PFFP Amendment
Appendix C
:"'-<-<~:""
J
..;q)r.rfienlcn tOC0l\1I1111llily ,Q(>hl!ieC'
2SS4 SWEETWATEFl SPFlINGS BOLlLEVAflD, SPRING VALlE\'. CALIFORNLIo. 91978-2004
TCLEPHONf: 670.2222, AREA COOE 1119 WWW,olaywtller,gov
June 14,2007
ir9J ~~-~O'~~,~!
nu 1 JUN 1 9 2007; !
PLANt,ING I I
-----~
W.O. P1438-0030000
Activity: J I 04
Benjamin Guerrero
Environmental Projects Manager
Chula Vista Planning Department
276 Fourth Ave MSP -100
Chul. Vista, CA 91910
SUBJECT: Fire flow calculations for Eastlake Business District
Mr. Guerrero,
Fire flow calculations for the subject site were perfonned by District staff using MWH Soft, Inc., H20
map water, Version 6.0, under the following assumptions:
,.
" .1 b.
c.
d.
e.
The water level in the storage facility at the time of a fire is at the minimum operational level that
typically occurs during peak-hour demand conditions.
The prescribed two-hour fire duration coincides with a maximum day demand condition.
lnto alld out of the pressure zone where a fire is occurring, all Agency booster pumps are off.
Areas outside the fire circumference in the same pressure zone maintain a minimum pressure of
20 PSI.
Current static pressure b~sed on hydtaulic grade line calculations is: 123 PSI
The results are as follows:
RESIDUAL PRESSURE:
88.6
PSJ-rsystem demand only at
maximum day condition)
PSI (System and fire flow demand of
2,500 gallons per minute)
GPM
GPM
STATIC PRESSURE:
104.5
FLOW @ 40 PSI:
. FLOW @ 20 PSI:
6195
7311
A hydrant system curve is also attached for your reference.
Sincerely,
THEOTAYWATER DISTR./CT
ENGINEERING PUBLIC SERVICES
)
P:IPuMiNlfirtflow II!:tHrsl2007lFlRE FLOW LETTER EASTUKE BUSINESS DISTRICT O~U.07.dot
C-2
EastLake Business Center II
Supplemental PFFP Amendment
Appendix C
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---------.--.-j
EastLake Business Center II
Supplemental PFFP Amendment
Appendix C
ATTACHMENT 8
WRITTEN CORRESPONDENCE RECEIVED AT
PLANNING COMMISSION HEARING
11-28-07
REQUEST TO SPEAK TO THE PLANNING COMMISSION
Date: -2...- 'S-
Name:--roj)/) {' ~!l "Z-
Address: lAhL1:-J0ty Sj/~ (;t;
TelePhone:~!1-7-<BS- -'8;,;;L I
.-,-,- .
Additional comments:
Oral Communications
OR '."""""::>
Agenda Item No. -S
Support 0 Oppose ~
Representing: ~A~e.-.-- f..~
(~~ \fJ~ 11"!/.~
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM IS-07-015; APPROVING
AMENDMENTS TO THE CITY'S GENERAL PLAN, THE
EASTLAKE II GENERAL DEVELOPMENT PLAN, THE
EASTLAKE BUSINESS CENTER II SUPPLEMENTAL
SECTIONAL PLANNING AREA ("SPA") PLAN, PUBLIC
FACILITIES FINANCING PLAN AND ASSOCIATED
REGULATORY DOCUMENTS FOR 44 ACRES AT THE
NORTHEAST, NORTHWEST AND SOUTHWEST CORNERS
OF FENTON STREET AND SHOWROOM PLACE WITHIN
THE EASTLAKE BUSINESS CENTER.
I. RECITALS
A. Project Site
WHEREAS, the areas of land which are the subject of this Resolution are
diagranunatically represented in Exhibit "A" attached to and incorporated into this
Resolution, and commonly known as EastLake Business Center II, and for the
purpose of general description herein consists of 44 acres subdivided into 3 separate
properties: (I) Area A consists of 16.7 acres located at the eastern portion of the
. Business Center, at the northeast comer of Fenton Street and Showroom .Place
and contains the existing (Phase I) 234,000 EastLake Design District; (2) Area B
consists of 17.7 acres located at the northwest comer of Fenton Street and
Showroom Place. Area B is currently vacant; and, (3) Area C, located south of
Fenton Street, consists of9.6 acres and is currently vacant ("Project Site"); and,
B. Project; Application for Discretionary Approvals
WHEREAS, a duly verified application was filed with the City of Chula Vista
Planning and Building Department on September II, 2006, by IRE Development
("Applicant"), requesting amendments to the City's General Plan, the EastLake II
General Development Plan, the EastLake Business Center II Supplemental SPA
Plan, the Planned Community District Regulations and associated regulatory
documents, including design guidelines, Public Facilities Financing Plan, Air
. Quality Improvement Plan and Water Conservation Plan for the Project Site
("Project"); and,
6-105
'"~"''''n. . ,"',...,,........... ...... '" "'...n,.,"........n.'_ .....n..""...', _....:.___ ,.. ,on.. .__
Resolution No. 2007-
Page 2
C. Prior Discretionary Approvals
WHEREAS, development of the Project Site has been the subject matter of
various entitlements and agreements, inciuding: (1) amended EastLake II General
Development Plan CGDP") approved by City Council Resolution No. 2005-288
on August 23, 2005; (2) Business Center II Supplemental SPA approved by City
Council Resolution No. 19666 on November 16, 1999; and, (3) amended
EastLake II Planned Community District Regulations approved by City Council
Ordinance No. 3018 on September 13,2005; and,
D. Environmental Determination
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act ("CEQA")
and has conducted an Initial Study, IS-07-015 in accordance with the California
Environmental Quality Act. Based upon the results of the Initial Study, the
Environmental Review Coordinator has determined that the project could result in
significant effects on the environment. However, revisions to the project made by
or agreed to by the applicant would avoid the effects or mitigate the effects to a
point where clearly no significant effects would occur; therefore, the
Environmental Review Coordinator has prepared a Mitigated Negative
Declaration,IS-07-015.
E. Planning Commission Record of Application
WHEREAS, the Planning Commission set the time and place for a hearing on the Project,
and notice of the hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City, and its mailing to property owners within
500 ft. of the exterior boundary of the Project Site at least ten (10) days prior to the
hearing; and
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on November 28,2007, and voted 5-0-1-1 to forward a recommendation to
the City Council on the Project; and,
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on the Project held on November 28, 2007, and the
minutes and resolution resulting therefrom, are incorporated into the record of this
proceedings; and,
J:\AlIomey\RESO\Pl.ANNING\PCM.Q7..Q4 cc RESO 29 November 2007 add conditons-8;J117&6
Resolution No. 2007-
Page 3
F. City Council Record of Application
WHEREAS, the City Clerk set the time and place for the hearing on the Project
application and notices of said hearings, together with its purposes given by its
publication in a newspaper of general circulation in the city, and its mailing to
property owners within 500 ft. of the exterior boundaries of the Project Site at least
ten (10) days prior to the hearing.
WHEREAS, the duly called and noticed pubic hearing on the Project was held
before the City Council of the City of Chula Vista on December 18, 2007, in the
Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth Avenue, at
6:00 p.m. to receive the recommendations of the Planning Commission, and to hear
public testimony with regard to the same.
NOW THEREFORE BE IT RESOLVED by the City Council of the City ofChula Vista that
it fmds, determines, and resolves as follows:
II. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council finds that, in the exercise of their independent review and judgment, the
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
(IS-07 -015), in the form presented, has been prepared in accordance with requirements of
the California Environmental Quality Act and the Environmental Review Procedures of
the City of Chula Vista and adopts Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program (IS-07-0I5).
III. APPROVAL OF GENERAL PLAN AMENDMENT
The City Council approves the amendments to the Chula Vista General Plan Land Use
Diagram text and statistics is as set forth and diagrammatically represented in
Exhibit "B," a copy of which is on file in the office of the City Clerk, known as
Document , to change the land use designation of 16.7 acres at the northeast
comer of Fenton Street and Showroom Place from Light Industrial to Commercial Retail.
The change of 16.7 acres from Light Industrial to Commercial Retail is shown in updated
Table 5-6 of the Land Use Element and Transportation Element of the General Plan, as
shown in Exhibit "B-1."
IV. GENERAL PLAN INTERNAL CONSISTENCY
The City Council finds and determines that the General Plan is internally consistent and
shall remain internally consistent following the amendments in this Resolution.
J:\AttomeyIRESOIPLANNING\PCM-07-04 CC RESO 29 November 2007 add conditolUl-6.J.l11lr1
Resolution No. 2007-
Page 4
V. GENERAL DEVELOPMENT PLAN FINDINGS
THE PROPOSED AMENDMENTS TO THE GENERAL DEVELOPMENT PLAN
CONFORM WITH THE PROVISIONS OF THE CHULA VISTA GENERAL PLAN, AS
AMENDED.
The proposed amendments to the EastLake II General Development Plan reflect the land
uses that are consistent with the City's General Plan as proposed to be amended.
VI. APPROVAL OF GENERAL DEVELOPMENT PLAN AMENDMENT
In light of the fmdings above, the City Council approves the amendment to EastLake II
General Development Plan in the form presented to the City Council and on file in the office
of the City Clerk.
VII. SPA FINDINGS/ APPROVAL
A. THE SECTIONAL PLANNING AREA ("SPA") PLAN, AS AMENDED, IS IN
CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN
AND THE CHULA VISTA GENERAL PLAN.
The proposed amendments to the EastLake Business Center II SPA Plan reflect the
land uses that are consistent with the EastLake II General Development Plan and the
City ofChula Vista General Plan as proposed to be amended.
B. THE SECTIONAL PLANNING AREA ("SPA") PLAN, AS AMENDED, WILL
PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE
INVOLVED SECTIONAL PLANNING AREAS.
The requested amendments to the EastLake Business Center II SPA plan includes a
Supplemental Public Facilities Financing Plan that outlines the required
infrastructure to serve the Project, the timing of installation and the financing
mechanisms to promote the orderly sequentialized development of the Project.
C. THE EASTLAKE SECTIONAL PLANNING AREA ("SPA") PLANS, AS
AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE,
RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL
QUALITY.
J:\Allomey\RESQIPLANNINGIPCM.07..Q4 CC RESO 29 November 2007 add conditons~1~
Resolution No. 2007-
Page 5
The proposed land use text and statistical amendments to the SPA, and development
standards will not adversely affect the circulation system and overall land use pattern
as previously envisioned in the EastLake II General Development Plan. A Mitigated
Negative Declaration (IS-07-015) and accompanying Mitigation Monitoring
Program was prepared for the Project. Mitigation measures have been included
related to aesthetics/visual quality, air quality, paleontological, hydrology and water
quality, noise, and traffic. Thus, the requested amendments to the SPA will not
adversely affect the adjacent land uses, residential enjoyment, circulation or
environmental quality of the surrounding uses.
D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT
SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION,
AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH
AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF
SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH
DEVELOPMENT WILL MEET PERFORMANCE STANDARDS
ESTABLISHED BY THIS TITLE.
The orientation and configuration of the 16.7 acres is substantially more suitable for
commercial retail rather than light industrial land use and more compatible with the
EastLake Design District which currently occupies the site.
Thus, changing the previously adopted land use designation from Light Industrial to
Commercial Retail is appropriate, and would be compatible with surrounding land
uses. This added acreage will contribute substantially to achieve the city's economic
development goals and objectives.
E. THE STREETS AND THOROUGHFARES ARE SUITABLE AND ADEQUATE
TO CARRY THE ANTICIPATED TRAFFIC THEREON.
The potential impacts to traffic and circulation have been thoroughly analyzed based
upon the proposed project resulting in specific requirements that must be complied
with at the time of development within the project area. This includes payment of in-
lieu fees to pay fair share of cumulative impacts to the off-site intersection located at
the intersection of the Vons Driveway and Otay Lakes Road and the construction of
a traffic signal at the intersection of Fen ton Street and Showroom Place.
F. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED
ECONOMICALLY AT THE LOCATION(S) PROPOSED AND WILL PROVIDE
ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH
PROPOSED LOCATION(S).
J:\AlIomey\RESO\PLANNING\PCM.07.()4 CC RESO 29 November 2007 add COndiIOl1ll~17crg
Resolution No. 2007-
Page 6
The proposed amendments increase the acreage designated Commercial Retail to
allow for additional complementary retail establishments to be located within the
existing Eastlake Design District in an effort to increase the economic viability of the
District and to provide additional services, including restaurants and other similar
uses, which complement the existing home improvement district.
G. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND
ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH
SAID DEVELOPMENT .
The proposed amendments are consistent with the previously approved plans and
regulations applicable to surrounding sites and therefore the proposed amendments
can be planned and zoned in coordination and substantial compatibility with said
development.
VII!. APPROVAL OF SPA AMENDMENTS
In light of the findings above, the City Council approves the EastLake Business Center I!
SPA amendments as presented in Exhibit "c" subject to the conditions set forth below:
1. Implement all environmental impact mitigation measures identified in Mitigated
Negative Declaration IS 07-015 and Mitigation Monitoring Program for this
proj ect.
2. Install all public facilities in accordance with the EastLake Business Center
Supplemental Public Facilities Plan 2007 Amendment or as required to meet the
Growth Management Threshold standards adopted by the City. The City Engineer
may modify the sequence of improvement construction should conditions change
to warrant such a revision.
3. Implement the Federal and State mandated conservation measures outlined in the
Water Conservation Plan for EastLake Business Center I! Supplemental SPA Plan
and 2007 Addendum.
4. Prior to approval of building permits for each phase of the Project, the Applicant
shall demonstrate that air quality control measures outlined in the EastLake
Business Center I! Supplemental Air Quality Improvement Plan and 2007
Addendum pertaining to the design, construction and operational phases of the
project have been incorporated in the project design.
J:\Atlomey\RESO\PLANNING\PCM-07-04 CC RESO 29 November 2007lll1d conditons-8oJ11711l
Resolution No. 2007-
Page 7
5. Prior to the 30th day after the Ordinance becomes effective, the Applicant shall
submit to the Planning and Building Department twenty (20) copies and a CD of
amended EastLake II GDP, EastLake Business Center II SPA, EastLake II
Planned Community District Regulations ("PC District Regulations"), Design
Guidelines, Air Quality Improvement Plan, Water Conservation Plan and
EastLake Business Center Supplemental Public Facilities Financing Plan 2007
Amendment. Specific document format, table of contents, and titles shall be as
determined by City Staff.
6. Prior to the 30th day after the Ordinance becomes effective, the Applicant shall
clean-up the SPA document by deleting all strike out, underlines, and shading.
Where the document contains both an existing and proposed exhibit, the previous
existing exhibit should be removed and substituted. In addition, the following
text, document format, map and statistical changes shall be incorporated into the
document:
SP A Pbn
1. Following Page 1-10, add sections II.2.1.6.2 through II.2.1.6.5 back into
the document
2. Change pagination on Pages 1-10 through 1-12.
PC District RegJlbtions
3. On Page I-II, change BC-4 designation from Core Professional District to
Core District
4. On Page IV-I, incorporate BC-4 into the definition of Business Center
Core District
5. Page IV-7 regarding new footnote 5(A), add the following language: "as
measured from the Property Line (except along Otay Lakes Road
measured from top of slope, irregardless of where property line is located"
6. Page VIII-2 regarding order footnotes: make new footnote for furniture
store parking as footnote 2.
DesigTI GlIic1dines
7. Following Page IV-18, the next page should be numbered V-I with
consistent page numbering to follow. Remove duplicated pages.
J:\Allomey\RESO\PLANNlNG\PCM.07.{)4 cc RESO 29 Nuvember2007 add conditons~l'1f1
Resolution No. 2007-
Page 8
IX. PFFP FINDINGS/APPROVAL
A. THE AMENDMENT TO THE EXISITNG PFFP COMPLIES WITH SECTIONS
19.09.050 THROUGH 19.09.100, REQUIREMENTS FOR PUBLIC
FACILITIES FINANCING PLAN.
The amendment to the EastLake Business Center II Supplemental PFFP has been
prepared according to the contents and details outlined in the Municipal Code. It
has been submitted to and reviewed by the Director of Planning and Building.
The Planning Commission has reviewed the proposed amendments and
recommends adoption by the City Council. Public facilities needed to serve the
project were identified and will be guaranteed by conditions of approval,
implementation of required mitigation measures identified in Mitigated Negative
Declaration IS-07-015, payment of Development Impact ("DIF") fees at the
building permit stage, and/or utilizing Community Facilities to finance or
maintain the public facility.
B. THE PROPOSED PFFP AMENDMENT IS CONSISTENT WITH THE
OVERALL GOALS AND POLICIES OF THE CITY'S GENERAL PLAN,
GROWTH MANAGEMENT PROGRAM, THE AMENDED EASTLAKE II
GENERAL DEVELOPMENT PLAN AND THE AMENDED EASTLAKE
BUSINESS CENTER II SPA PLAN.
The EastLake II General Development Plan and EastLake Business Center II SPA
outline the necessary public facilities required to meet its land use and circulation
objectives of the General Plan. The amendment to the existing PFFP outlines
detailed plans for the provision of these public facilities as they relate to the
proposed Proj ect.
The amended PFFP identifies required DIF fees that must be paid to help defray
costs of facilities that will benefit the project. The estimated fees required by this
project are $2,627,009 for Transportation Facilities and $2,850,622 for other
applicable Facilities.
While net fiscal impact of the Project on public facilities is negative in 2007
($91,800 Loss) and 2008 ($57,400 Loss), the fiscal impact becomes positive in
2009 ($306,500) and positive at build out ($345,000).
J:\Attomey\RESO\PLANNlNG\PCM-01-04 cc RESO 29 November 2007 add COnditonS-6,;,l,8f71~
Resolution No. 2007-
Page 9
C. THE AMENDMENT TO THE EXSITING PFFP ENSURES THAT THE
DEVELOPMENT OF THE PROJECT WILL NOT ADVERSELY AFFECT THE
CITY'S QUALITY OF LIFE STANDARDS.
As required by the City's Growth Management Ordinance, the PFFP amendment
analyzes the impact of the project on public facilities and services and identifies
the required public facilities and services needed to serve the project to maintain
consistency with the City's Quality of Life Threshold Standards. The PFFP
describes in detail the cost, financing mechanisms and timing for constructing
public facilities required to ensure that development occurs only when the
necessary public facilities exist or are provided concurrent with the demands of
the new development. Certain facility improvements have been identified as
project impacts based upon Mitigated Negative Declaration (IS-07-0I5) and
accompanying Mitigation Monitoring Program. These include the requirements
for the construction of a signal at the intersection of Fenton and Showroom Place
prior to development of Area B. Other required mitigation measures are related to
aesthetics/visual quality, air quality, paleontological, hydrology and water quality,
noise, and traffic. Implementation of these mitigation measures along with
payment of required DIF fees will ensure the Project will maintain consistency
with the City's Quality of Life Standards.
In light of the [mdings above, the City Council approves the EastLake Business
Center II Supplemental Public Facilities Financing Amendment as presented in
Exhibit "D."
X. APROV AL OF AMENDMENTS TO ASSOCIATED REGULA TORY DOCUMENTS
The City Council approves the amendments to the associated regulatory documents
including the Design Guidelines for EastLake Business Center II Supplemental SPA as
shown in Exhibit "c."
XI. APPROVAL OF ADDENDUMS TO ASSOCIATED REGULATORY DOCUMENTS
The City Council approves 2007 addendums to the Air Quality Improvement Plan and Water
Conservation Plan for EastLake Business Center II Supplemental SPA Plan as shown in
Exhibit "C."
XIII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, and any of such conditions fail to be so implemented
and maintained according to the their terms, the City shall have the right to revoke or modify
J:\Attomey\RESQ\PLANNING\PCM-07-04 cc RESO 29 Nov~ber 2007 add collditonS-6;JJ1171OS
Resolution No. 2007-
Page 10
all approvals herein granted, deny or further condition issuance of future building permits,
deny, revoke or further condition all certificates of occupancy issued under the authority of
approvals herein granted, instituted and prosecute litigate or compel their compliance or seek
damages for their violations. No vested rights are gained by Applicant or successor in
interest by the City approval of this Resolution.
XIV. !NY ALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
enforceability of each and every term, provision, and condition herein stated; and that in the
event that anyone or more terms, provisions or conditions are determined by the Court of
competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its
sole discretion, this resolution shall be deemed to be revoked and no further in force or in
effect.
Presented by:
Approved as to form by:
~o~ ~ iJ ~.-?~!f^-
Ann Moore
City Attorney
James D. Sandoval
Director of Planning and Building
J:\Allomey\RESO\PLANNINGIPCM-07-04 CC RESO 29 November 2007 add conditons~1~
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LAND USE AND lRANSPORTATlON ELEMENT
CHAPTER 5
TABLE 5-6
GENERAL PLAN LAND USE DISTRIBUTION IN 2030 BY PLANNING AREA
(ACRES)
Total East
General Plan Land Use General Bay- North- South- East U ni ncorp. U ni ncorp.
Designation Plan front west west Chula S weet- Otay
Area Vista water Ranch
Subareas Subarea Subarea
RESIDENTIAL
Low 6,972 64 1,555 2,453' 2,900
Low Medium 8,200 1,354 1,401 4,927 307 211
Medium 1,201 187 288 622 32 72
Medium High 734 143 113 381 97
High 417 17 124 253 23
Urban Core 84 84
COMMERCIAL
R.etail' c9T+988' 121 115 202 .91518' 32
Visitor 75 44 11 2 18
Professional & Admin. 160 21 61 7 59 12
MIXED Uffi
Mixed Use Residential 727 174 98 405 50
Mixed Use Commercial 110 37 58 15
Mixed Use Transit Focus Area 122 83 39
INDUSTRI AL
t..lmitiidJO((\.lSiiiar5t f,i9il-t,m 86 116 384 1,2ll>!-J,tB7
Regional Technology Park. 200 200
General I ndustri al 218 218
PUBLIC, QUAS PUBLIC
AND OPEN SPACE
PubliclQuasi-Public 3,021 27 225 321 2,028 381 39
Parks and Recreation 931 60 73 106 573 88 31
Open Soace 6,303 23 215 617 3,886 1,099 463
Open Soace Preserve 17,910 362 18 97 5,200 2;008 10,225
Open Space- 367 44 323 .
Active Recreation
Water 2,672 1,498 9 1,165
SPECIAL H..ANNING AREA
Eastern Urban Center 240 240
Resort 275 45 230
T own Center · 169 169
OTHER' 4,553 98 866 829 2,291 408 61
TOTAL ACRES 58,422 2,620 3,994 4,815 24,620 6,829 15,544
1- The unincorlXlrated r:x>rtion of the Northwest Planni'ngArea (87 acres of Residential Low) is included in the Unincorporated
Sweetwater Subarea column only.
2- Streets, frE!eYiays, utility right-of~ways
.Please see Page lUT-285 for FInal Action Deferral Areas Information
6EXHIBIT B-1
Page LUT-59
~!~
..
.,..'"
0iUA VISTA
EXHIBIT C
(SEE ATTACHMENT 6)
6-118
EXHIBIT D
(SEE ATTACHMENT 7)
6-119
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTS TO THE EASTLAKE II PLANNED
COMMUNITY DISTRICT REGULATIONS AND LAND USE
DISTRICT MAP
1. RECITALS
A. Project Site
WHEREAS, the areas of land which are the subject of this Ordinance are
diagrammatically represented in Exhibit "A" attached to and incorporated into this
Ordinance, and commonly known as EastLake Business Center II, and for the
purpose of general description herein consist of 44 acres divided into 3 separate
properties: (I) Area A consists of 16.7 acres located at the eastern portion of the
Business Center, at the northeast corner of Fenton Street and Showroom Place and
contains the existing (Phase I) 234,000 EastLake Design District; (2) Area B consists
of 17.7 acres located at the northwest corner of Fenton Street and Showroom Place.
Area B is currently vacant; and, (3) Area C, located south of Fen ton Street, consists
of9.6 acres and is currently vacant ("Project Site"); and,
B. Project; Application for Discretionary Approval
WHEREAS, on September 11, 2006, IRE Development ("Applicant") filed an
application requesting approval of amendments to the EastLake II Planned
Community District Regulation and Land Use District Map; and,
C. Prior Discretionary Approvals
WHEREAS, development of the Project Site has been the subject matter of various
entitlements and agreements, including: (I) amended EastLake II General
Development Plan ("GDP") approved by City Council Resolution No. 2005-288 on
August 23, 2005; (2) Business Center II Supplemental SPA approved by City
Council Resolution No. 19666 on November 16, 1999; and, (3) amended EastLake II
Planned Community District Regulations approved by City Council Ordinance
No. 3018 on September 13,2005; and,
D. Planning Commission Record on Applications
WHEREAS, the Planning Commission set the time and place for a hearing on the
Project, and notice of the hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City, and its mailing to
property owners within 500 ft. of the exterior boundary of the Proj ect, at least ten
(10) days prior to the hearing; and
J:lAlIomey\Qrdinance\PCM_07-04 CC ORD 21 NOVEMBER 2007finaU2-18-07.doc
6-120
Ordinance No.
Page 2
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on November 28, 2007, and voted 5-0-1-1 to forward a recommendation
to the City Council on the Project; and,
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on the Project held on November 28, 2007, and the
minutes and resolution resulting therefrom, are hereby incorporated into the record of
this proceedings; and,
E. City Council Record on Applications
WHEREAS, the City Clerk set the time and place for the hearing on the Project
application and notices of the hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the city, and its mailing to
property owners within 500 ft. of the exterior boundaries of the Project at least ten
(10) days prior to the hearing; and,
WHEREAS, the duly called and noticed public hearing on the Project was held
before the City Council of the City of Chula Vista on December 18, 2007, in the
Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth Avenue, at
6:00 p.m. to receive the recommendations of the Planning Commission, and to hear
public testimony with regard to the same; and,
F. Discretionary Approvals Resolution and Ordinance
WHEREAS, at the same City Council meeting at which this Ordinance was
introduced for fIrst reading on December 18,2007, the City Council of the City of
Chula Vista approved Resolution No. , by which it approved amendments
to the General Plan, the EastLake II General Development Plan, the EastLake II
Supplemental Sectional Planning Area ("SPA") Plan, the Design Guidelines, the
Supplemental Public Facilities Financing Plan, and the Air Quality and Water
Conservation Plans; and
G. Environmental Determination
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act ("CEQA")
and has conducted an Initial Study, IS-07 -015 in accordance with the California
Environmental Quality Act. Based upon the results of the Initial Study, the
Environmental Review Coordinator has determined that the project could result in
signifIcant effects on the environment. However, revisions to the project made by or
agreed to by the applicant would avoid the effects or mitigate the effects to a point
J:\Attorney\Ordinance\PCM-07-04 CC ORD 21 NOVEMBER 2007finaU2-18-Q7.doc
6-121
Ordinance No.
Page 3
where clearly no significant effects would occur; therefore, the Environmental
Review Coordinator has prepared a Mitigated Negative Declaration, IS-07-015.
Pursuant to the Resolution , the City Council adopted the Mitigated
Negative Declaration IS-07-015.
II NOW, THEREFORE, the City ofChula Vista finds, determines and ordains as follows:
A. CONSISTENCY WITH GENERAL PLAN
The City Council finds that the proposed Amendments to the EastLake II Planned
Community District Regulations and Land Use District Map are consistent with the
City ofChula Vista General Plan, as amended.
B. APPROVAL OF PROPOSED AMENDMENTS
The City Council approves the amendments to the EastLake II Planned Community
District Regulations and Land Use District Map as represented in Exhibit "B."
Ill. EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
Presented by:
Approved as to form by:
James D. Sandoval
Director of Planning and Building
,~/~ () ~A~ 1r'-
Ann Moore
City Attorney
J:\Attomey\OrdimmceIPCM-07-04 CC ORD 21 NOVEMBER 2007finaU2-1 s..07.doc
6-122
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LAND USE AND TRANSPORTATION ELEMENT
CHAPTER 5
TABLE 5-6
GENERAL PLAN LAND USE DISTRIBUTION IN 2030 BY PLANNING AREA
(ACRES)
Total East
General Plan Land Use General Bay- North- South- East U ni ncorp. U ni ncorp.
Designation Plan front west west Chula Sweet- Otay
Area Vista water Ranch
Subareas Subarea Subarea
RESIDENTIAL
Low 6,972 64 1,S55 2,453' 2,900
Low Medium 8,200 1,354 1,401 4,927 307 211
Medium 1,201 187 288 622 32 72
Medium High 734 143 113 381 97
High 417 17 124 253 23
Urban Core 84 84
COMMERCIAL
l~ll CW-:,;2iii1l 121 115 202 ~"-' 32
:..._.',~la:
Visitor 75 44 11 2 18
Professional & Admin. 160 21 61 7 59 12
MIXEDU~
Mixed Use Residential 727 174 98 405 50
Mixed Use Commercial 110 37 58 15
Mixed Use Transit Focus Area 122 83 39
INDUSTRIAL
!1rni\itedifftdUSttlalll ~'3 86 116 384 ~1
l"'",_,"~,,,71.,.
Regional Technology Park .. 200 200
General I ndustri al 218 218
PUBLIC, QUAS PUBLIC
AND OPEN SPACE
Public/Quasi-Public 3,021 27 225 321 2,028 381 39
Parks and Recreation 931 60 73 106 573 88 31
Ooen Soace 6,303 23 215 617 3,886 1,099 463
Ooen Soace Preserve 17,910 362 18 97 5,200 2,008 10,225
Open Space- 367 44 323
Active Recreation
Water 2,672 1,498 9 1,165
SPECIAL R.ANNING AREA
Eastern Urban Center 240 240
Resort 275 45 230
Town Center .. 169 169
OTHER' 4,553 98 866 829 2,291 408 61
TOTAL ACRES 58,422 2,620 3,994 4,815 24,620 6,829 15,544
1- The unincorporated portion of the Northwest Planning A rea (87 acres of Residential Low) is included in the Unincorp:>ratecl
Sweetwater Subarea column only.
2 - Str~, freeways, utility right-of-ways
.Please see Page lUT.285 for FInal Action Deferral Areas Information
Page LUT-59
~!~
00l~
6-126
Ex..HIBIT B-1
CITY COUNCIL
AGENDA STATEMENT
Item No.: l-
Meeting Date: W18/07
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL ADOPTING THE FINAL
MITIGATED NEGATIVE DECLARATION MND (IS-07-014) FOR
THE HIGH TECH HIGH UNIVERSITY PARK PROJECT; AND
ADOPTING A MITIGATION MONITORING AND REPORTING
PROGRAM (MMRP) PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE
ZONING MAP ESTABLISHED BY CHULA VISTA MUNICIPAL
CODE SECTION 19.18.010 AND APPROVING A ZONE CHANGE
(PCZ-07-03) FROM PLANNED COMMUNITY (PC) TO PUBLIC
QUASI-PUBLIC (PQ).
RESOLUTION OF THE CITY COUNCIL APPROVING
CONDITIONAL USE PERMIT (PCC 07-024) FOR HIGH TECH
HIGH LEARNING, A PUBLIC CHARTER CAMPUS FOR A HIGH
SCHOOL AND ELEMENTARYIMIDDLE SCHOOL, IN
ACCORDANCE WITH THE FINDINGS AND SUBJECT TO THE
CONDITIONS CONTAINED THEREIN.
SUBMITTED BY:
JAMES D. SANDOVAL,Jj)~ ~ <;$:J ,
DIRECTOR OF PLANNING AND BUILDING
DAVID M. GARCIA, CITY MANAGER J U.$JJ
SCOTT TULLOCH, ASSIST ANT CITY ~~AGER "'71
REVIEWED BY:
4/5THS VOTE: YES
NO X
INTRODUCTION
High Tech High (HTH) Learning is a state chartered public school and nonprofit organization
overseeing the development and operation of the facilities that house High Tech High schools. The
HTH Learning philosophy emphasiies small school size, small classes, personalized project-based
;
7-1
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Meeting Date: 12/18/07
Page 2 of 11
learning, real-world immersion, and performance-based assessment. HTH Learning currently
operates a total of seven High, Middle and Elementary schools, with six schools in San Diego
County and one school in northern California.
HTH Learning proposes a 550-student High School and 700-student Elementary/Middle School
including an Environmental Learning Center on a 10-acre portion of the University Park project
site, located at the southeast comer of Hunte Parkway and Discovery Falls Drive. The project
requires a rezone of the 10-acre project site from Planned Community (PC) to Public Quasi-
Public (PQ) to allow the use in advance of a Sectional Planning Area (SPA) Plan that is to be
developed for the proposed University Park site surrounding the project site.
The High Tech High Learning IO-acre High School and Elementary/Middle School project site
requires a rezone of the site in order to provide an implementing zone consistent with the
General Plan, as well as provide the City with the authority to establish controls over the project
site by way of a Conditional Use Permit. State law (Govemment Code 65854-65861) and Chula
Vista Municipal Code (CVMC), beginning at Section 19.12.030, establish the process for
adopting zone changes of property and require that the Planning Commission hold a public
hearing on proposed rezoning actions and provide a written recommendation to the City Council
as further discussed in this report. A CUP is required pursuant to CYMC 19.47.080(B) to allow
the proposed school use.
In order to meet the time constraints related to bond schedules and construction deadlines for the
2008 opening of the campus facilities, public hearings with both the Planning Commission and
City Council were requested to occur before the end of this calendar year, and are being held on
the same day to accommodate that request.
BACKGROUND
Representatives of HTH Learning approached City staff two years ago to discuss locating one or
more HTH schools in Chula Vista. After a thorough review of a number of different sites located in
Chula Vista, including the Bayfront Planning Area, the Southwest area, as well as a site within one
of the villages of Otay Ranch, the University Planning Area in Otay Ranch emerged as the most
attractive site.
A lease agreement with HTH Learning was approved by the City Council in January 2007 to
develop a High School, Environmental Learning Center, and Elementary/Middle School on a 10-
acre City owned site. The lease with High Tech High Learning is for a 50-year term, with two
25-year options at a rate of $1 per year. The structure of the lease will allow the City to retain
long-term ownership and control of the property, while High Tech High Learning will be
responsible for all costs associated with the development and maintenance of their facilities.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California EnvirOJ;unental Quality Act and has conducted an Initial Study (IS-07-0l4) in
7-2
Date, Item No.: ~
Meeting Date: 12/18/07
Page 3 of 11
accordance with the California Environmental Quality Act.
Based upon the results of the Initial Study, the Environmental Review Coordinator has
determined that the project could result in significant effects on the environment. However,
revisions to the project made by or agreed to by the applicant would avoid or mitigate the effects
to below significance; therefore, the Environmental Review Coordinator has prepared a
Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program (IS-07-014).
The Mitigated Negative Declaration (MND) includes a Mitigation, Monitoring and Reporting
Program (MMRP) that mitigates or avoids all significant environmental impacts. The MND and
MMRP was prepared by the Environmental Review Coordinator and was available for public
review from November 7, 2007 to December 7, 2007. No significant comments were received at
the close of the public review period.
RECOMMENDATION
Staff recommends that the City Council (1) adopt a resolution adopting the Mitigated Negative
Declaration IS-07-014 and associated Mitigation Monitoring and Reporting Program (MMRP),
(2) adopt the ordinance amending the zoning map and approving a Zone Change (PCZ-07-03)
for the 10-acre project site from Planned Community (PC) to Public Quasi-Public (PQ), and (3)
adopt a resolution approving Conditional Use Permit (pCC-07-024) in accordance with the
findings and subject to the conditions contained therein.
BOARDS/COMMISSION RECOMMENDATION
On November 19, 2007 the Resource Conservation Committee voted unanimously to
recommend adoption of the Mitigated Negative Declaration and Mitigation, Monitoring and
Reporting Program (IS-07-014). The Planning Commission will consider the proposal at a
public hearing to be held earlier in the same evening prior the City Council public hearing. A
verbal summary of the result of the Planning Commission public hearing will be provided to the
City Council.
DISCUSSION
1. Project Setting
The 10-acre project site is located within the University Park Planning Area in the eastern
portion of Otay Ranch. It was determined that the most appropriate location for siting the
proposed educational facility would be nearest an existing circulation street adjacent to a future
University entry or gateway point. The southeast comer of Hunte Parkway and Discovery Falls
Drive meets those criteria.
In addition to the 10-acre project site, the proposed project will utilize a l2-acre borrow site
owned by the City immediately adjacent to the project site that will provide 400,000 cubic yards
of soils needed to create the building pads and a relatively flat campus site. The overall amount
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Meeting Date: 12/18/07
Page 4 of 11
of land area that is impacted in order to create the campus is approximately 26 total acres. This
includes an approximate 4-acre area owned by the City consisting of access roads (such as the
Discovery Falls extension) and slopes surrounding the 12-acre borrow site.
Topographically, the project site is characterized by rolling hillsides with elevations ranging
from 578-ft. in the northern corner of the. property to 461-ft. in the southern corner of the site, a
difference of 117-ft. The project site is bordered to the west, south, and east by areas of future
development associated with the University Campus. The borrow area and manufactured slopes
associated with the proposed project will be temporary in status given that the development of
the University Campus will encompass the surrounding areas.
The Otay Ranch General Development Plan (GDP) and Resource Management Plan (RMP)
established a ranch-wide standard that required preservation of at least 83 percent of the steep
slopes (slopes with gradients of 25 percent or greater) throughout the Otay Ranch. As the first
proj ect to be developed with the University Planning Area, the lO-acre proj ect area will impact
approximately .35 acres of the overall University Planning Area impacted steep slopes. This
estimated impact to steep slopes within the overall University Planning Area would not exceed
what the RMP steep slope allocation provisions would allow for the entire University Planning
Area, which is 55.7 acres. Therefore, implementation of the proposed 10-acre project is well
within the ranch-wide steep slope preservation standard.
The project site contains no natural vegetation communities or sensitive habitat. Per the City's
Multiple Species Conservation Program (MSCP) Subarea Plan, the proposed project is located
within a development area that is covered as part of the Otay Ranch development area and has
not been identified as a strategic preserve area within the City nor is it located within a
designated conservation area. The City's MSCP Preserve is located approximately 3,000 feet
southeast of the project site.
The land uses surrounding the project site are as follows:
North:
South:
East:
West:
Single- and multi-family Residential (Otay Ranch Windingwalk Village II)
Undeveloped - former agricultural lands (future University Campus)
Undeveloped - former agricultural lands (future University Campus)
Undeveloped - former agricultural lands (future University Campus)
2. General Plan, Land Use and Zoning
The City's General Plan designates the land area as the University Park Planning Area. In
addition, the Land Use and Transportation Element (Chapter 5) identifies several objectives that
expand on the University designation.
. Objective - LUT 86 "Encourage the dedication of land, and other voluntary actions that
facilitate creation of a multi-institutional university."
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Date, Item No.: 9-
Meeting Date: 12/18/07
Page 5 of 11
.
Objective - LUT 87 "Establish an educational institution that promotes economic
development and serves as a center of education, prestige, and distinction for the City of
Chula Vista and southern San Diego County."
.
Objective - LUT 88 "Ensure a multi-institutional university center facility that IS
accessible to students regionally and bi-nationally."
The Otay Ranch General Development Plan (GDP) designates this land area as Village Ten, with
a University Campus being the primary land use.
The subject property is currently zoned Planned Community (PC). The proposal is to rezone the
10-acres for the proposed High Tech High Learning Educational Carnpus from Planned
Community (PC) to Public Quasi-Public (PQ). The Public Quasi-Public (PQ) zone (Chapter
19.4 7) allows for such uses as agricultural and public parks to be established by right, but
requires uses such as schools, fire stations, and post offices to be established as conditional uses.
The Public Quasi-Public (PQ) zone change will provide the City with the authority to establish
controls and maintain the use of the property for an educational purpose through a CUP in
advance of the required SPA Plan for Village Ten.
3. Project Description
HTH Learning began in 2000 as a single charter high school launched by a coalition of San Diego
business leaders and educators concerned by the City of San Diego's shortage of qualified high-tech
workers. It has evolved into a nationally recognized school development organization with a
growing portfolio of innovative charter schools that are designed to ensure that all students graduate
well prepared for college, work, and citizenship. High Tech High creates a personalized, project-
based learning environment where students are known well and challenged to meet high
expectations.
The proposal to create a High Tech High School and Elementary/Middle School with an
Environmental Research Center will provide a small but academically rigorous, public charter
school in Chula Vista that is based on the HTH learning philosophy or common intellectual
mission of providing students with a personalized education with an adult-world connection. The
primary goals of the HTH Learning Environmental campus in Chula Vista will be to:
. Provide students with relevant academic and workplace skills, preparing graduates for
rewarding lives in an increasingly technological and global society.
. Increase the number of low-income and minority students who succeed in high school
and postsecondary education and who become productive members and leaders in the
high-technology industry.
The focus on global environmental issues at the HTH Learning Environmental campus in Chula
Vista will be reflected not only in the curriculum of each school, but also in the design and function
of the school facilities. The design will utilize two green building guides to benchmark the "green-
ness" of the High Tech High schools. The two green building guides to be used as benchmarks are
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Date, Item No.: 1-
Meeting Date: 12/18/07
Page 6 of 11
the US Green Building Council's Leadership in Energy and Environmental Design (LEED) rating
system and the Collaborative for the High Performance Schools Best Practices System. Each of
these systems incorporates sustainable products, water efficiency, energy and atmosphere, materials
and resources and indoor air quality. It has been proposed that the school be entirely energy
autonomous and serve as a paragon for environmental education with the hope that the school will
receive the highest possible certification on the LEED rating system.
The proposed schools' academic mission and research facilities will provide future collaboration and
research opportunities with the National Energy Center for Sustainable Communities, which will
also be located at the UPRC, as well as future academic partners within the campus. The proposal
by High Tech High is strategically aligned with the goals and objectives of the UPRC and the City
ofChula Vista, and will enhance the efforts of the City to develop the UPRC.
The development of two High Tech High public charter schools and an Environmental Research
Center (ERC) would occur on 10-acres and would be constructed in two phases: Phase One
consists of a 64,000-sq. ft. high school for 9'h through 12th grade students, including the ERC
facility. The High School will accommodate 550 students and 36 faculty members, including
hardscaped parking fields and softscaped outdoor use areas, on 8 of the 10-acres.
Phase Two would include the addition of a 70,000-sq. ft. Elementary/Middle School for
Kindergarten through 8th grade students. The Elementary/Middle School will accommodate 700
students and 47 faculty members on the remaining 2-acres. School phasing is summarized in the
table below. Each school building would include classrooms, specialty labs, administration
offices, a commons/dining area, and support/building core facilities.
Phase One
School Type Grades Students
High School & 9"'-12th 550(')
Integrated ERC
ERC Growing All 0
Areas
Phase One 9"'-12th 550
Total
Square
Focta e
Staff
Classrooms
Parking Stalls())
50,000
36 (2)
26
112
14,000
o
o
o
64,000
36
26
112
K-8 School
Pro' eet Totals
Footnote:
I. Student population assumptions for phase one: ISO students for 9'" grade; 400 students for grades 10"
-12'"
2. Staffing assumptions for phase one: 7 staff members for 9th grade; 29 staff members for grades lOth_
\2"
3. K-9'" grade ~ I stall per staff member plus 5 stalls for visitors
10"'-12'" grades = I stall per every 4 students
The Environmental Research Center will be highly integrated with the high school and will
consist of specialty labs, outdoor growing areas, and other facilities for environmentally-focused
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Date, Item No.: '1
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Page 7 of 11
research and teaching involving students, faculty, and vlsltmg researchers and community
members. Ancillary activities and programs that will take place on the campus will include
fundraising, athletics, preschool, childcare, adult education, research, performing arts, and
community events before, during, or after regular school hours and on weekends and holidays as
well. When the project is completed it will provide a complete campus including educational
buildings, on-site parking, open recreational space, landscaping, lighting, signage, pedestrian
pathways, fencing, and retaining walls. Proposed lighting will consist of standard security,
pathway, and parking lighting standards.
4. Staff Analysis
Zone Change
The proposed project site is currently shown as being located within a Planned Community (PC)
zone, within the University Study Area of the General Plan. Amendments to the General Plan
and Otay Ranch General Development Plan that applied to the University planning area were
deferred in December 2005. Amendments needed to facilitate development of a University(s)
and Technology Park will be before the Planning Commission and City Council in the future.
The proposed zone change will be consistent with the objectives mentioned above from the City's
General Plan Land Use and Transportation Element as well as the Otay Ranch GDP for the
establishment of Educational and Research Institutional land uses within the University Planning
Area.
A SPA Plan is required for all lands that are zoned Planned Community (PC). The zone change
from Planned Community (PC) to Public Quasi-Public (PQ) would allow for the development of
a public institutional use such as the HTH Learning public charter school within the University
Planning Area in advance of the required Sectional Planning Area (SPA) Plan for the
surrounding University Campus land use area.
A zone change to PQ for the education facility would be consistent with the land use designation
for the site and would not preclude opportunities for future University planning efforts. The
campus would ultimately be included in the future University SPA Plan.
The Planning Commission will be holding a public hearing regarding the proposed project just
prior to the City Council public hearing. If the Planning Commission recommends approval of
the Zone Change in conjunction with the Conditional Use Permit, then the Planning Commission
Resolution will incorporate their required written recommendation to the City Council regarding
the proposed rezoning of the property for the purposes of allowing this specific educational
facility. A City Council Ordinance will be required to establish the Zone Change.
Conditional Use Permit
The zone change from Planned Community (PC) to Public Quasi-Public (PQ) will provide the
City with the authority to establish controls and maintain the use of the property for an
educational purpose through a CUP. Pursuant to CVMC 19.14.080 Conditional Use Permit
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findings require, among other things, that any proposed use at the proposed particular location is
necessary or desirable to provide a service or facility which will contribute to the general well
being or purpose of the surround neighborhood or community.
HTH Learning will be contributing to the creation ofthe University environment. Other required
findings of a Conditional Use Permit are that the project not be detrimental to the health, safety,
and general welfare of persons working or residing within the vicinity, that the permit will be
compliance with other regulations and with conditions imposed upon the Conditional Use
Permit, and that the use will not adversely affect the General Plan or other government agency
adopted plan. These findings and supporting evidence are included in the draft CUP resolution.
The following issues were specifically evaluated in the context of the proposed project and
associated CUP findings:
Site Plan
The project area is located within a large development area that previously consisted of
undeveloped hills and canyons of agricultural land. It was determined that the most appropriate
location for siting of the proposed project would be nearest an existing circulation street that was
adjacent to a future University entry or gateway point.
The IO-acre site provides enough land for HTH Learning to construct a High School,
Environmental Research Center, and Elementary/Middle School, and its location at the southeast
comer of Hunte Parkway and Discovery Falls Drive provides the necessary vehicular and
pedestrian access to the City's existing circulation system of arterials, trails, and paseos.
The extension of Discovery Falls Drive at Hunte Parkway does not preempt or preclude the
future development of circulation plans for the university campus within the future University
Sectional Planning Area (SPA) Plan. It is anticipated that the extension of Discovery Falls Drive
can be developed as a circulation roadway into any manner to be determined by the future
University SPA Plan. For example, the roadway could become part of an internal university
street grid with multiple points of access, or it could become a wider collector or arterial
roadway to serve the university.
The current design of the extension of Discovery Falls Drive is exclusively to provide access for
pedestrian and vehicular traffic to the HTH Learning project site and to accommodate a smooth
traffic flow to and from the site during peak hours. Access to the project site will be provided
via two access points: a full access driveway that would connect with the south leg of the Hunte
Parkway/Discovery Falls intersection, and an "Emergency Vehicle Only" access driveway to the
east on Hunte Parkway. The project driveway will form a T-intersection with an extension of
Discovery Falls Drive. Since Discovery Falls Drive will not be open for traffic operations south
of the project driveway until such time that the University SPA Plan is implemented, only two
turning movements will be provided into the project site from this Discovery Falls Drive
extension.
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Meeting Date: 12/18/07
Page 9 of 11
A student drop-oWpick-up area is located on the eastern side of the project site. This drop-
off/pick-up area would take access from the driveway connection to the extension of Discovery
Falls Drive. Traffic in the drop-off/pick-up area will circulate in a one-way counterclockwise
fashion in which cars park curbside to drop-off students. Parking will be prohibited within the
inside curb lane of the travel way to allow for fire/emergency vehicle access. An attendant will
be present during the peak drop-off /pick-up periods to keep circulation flowing and to ensure
fire/emergency lane is not constricted or blocked. Lastly, to discourage mid-block pedestrian
crossing on Discovery Falls Drive, parking or stopping will be prohibited on both sides of
Discovery Falls Drive and Hunte Parkway in the vicinity of the project site.
The Educational buildings will consist of classrooms, labs, administration offices, a dining area,
and support facilities. The Environmental Research Center (ERe) will consist of specialty labs,
growing centers, and other like facilities for environmentally focused research and teaching.
Outdoor areas will incorporate horticulture, aquaponics, and other environmentally related
activities that may be enclosed in greenhouse-like structures.
Outdoor areas will also include learning patios, plazas, walkways, dining terraces, play yards
with half-court basketball courts, small turf playfields, areas for drop-off and pick up, and
parking for automobiles and bicycles. There are no plans for major athletic fields or facilities as
athletics are not a primary component of the High Tech High Learning program.
Parking
Municipal Code Section 19.62 requires one parking space per teacher or employee plus 5
parking stalls for visitors for the Elementary/Middle School, and one parking space for every 4
students for the High School. Thus, the project requires 164 parking spaces based on the
following:
. K_8th grade (47 employees): 47 spaces (1 space per employee) + 5 spaces = 52 spaces
. 9th grade (7 employees): 7 spaces (1 space per employee) + 5 spaces = 12 spaces
. 10th _ 12th grade (400 students): 1 space for every 4 students = 100 spaces
The project site plan provides a total of 164 parking spaces. 112 spaces will be provided for the
completion of Phase One and an additional 52 spaces will be provided for the completion of
Phase Two. Therefore, the proposed parking supply of 164 spaces will satisfy the on-site
parking requirement in accordance with City parking standards.
Hours of Operation
The CUP will establish that the primary hours of operation of the proposed High School,
Environmental Research Center, and Elementary/Middle School will be between 8:30 AM and
4:00 PM Monday through Friday. Specialized and limited ancillary activities (Ancillary
Activities) may be offered before and after school hours and on weekends and holidays outside
these operational hours, without the imposition of any additional restrictions or conditions (such
Ancillary Activities were incorporated through the SANDAG traffic generation manuals to
establish peak hours for traffic analysis). It is anticipated that the start and end times for each of
the different schools will be staggered in the morning and afternoon in order to minimize traffic
7-9
Date, Item No.: ;J
Meeting Date: 12/18/07
Page 10 of 11
congestion during peak drop-off and pick-up times.
Design Review
The Design Review Committee conducted a preliminary review of the design on December 18,
2006. At that meeting, the architectural team provided conceptual elevations that showed a very
strong modern architectural approach to the design of the buildings. Classroom spaces or
laboratories, framed by large fenestrations between classrooms, open lightweight vertical support
and horizontal truss span structural systems, will reflect the fluidity and flexibility that is the
trademark of the High Tech High Learning philosophy. The Committee was generally
enthusiastic about the flex-space concept for the buildings and indicated that the design of the
campus was going in the right direction.
Since there is currently no design theme established for this area absent the University SPA Plan,
both the DRC committee members and staff directed the High Tech High architecture team to try
to pick up on the overall Otay Ranch themes that have already been established in the area, and
to also look at some of the other high school buildings that use similar materials and themes.
The Design Review application was submitted in September 2007 and it is anticipated that the
project will go before the Design Review Committee at a public hearing tentatively scheduled for
January 2008 for a final design approval. The Design Review Committee approval will ensure
that the architectural plans provided for final review will reflect the considerations noted above.
To improve energy use, the project will exceed the standard California Title-24 Energy Code by
a minimum of IS percent. Measures that would be implemented to achieve certification include
integrating a 50kW photovoltaic system in the roof design, imposing a minimum daylight factor
of 2-percent in at least 75-percent of classrooms and regularly-occupied spaces, and installation
of a Building Management System (BMS) integrating the lighting, irrigation, and mechanical
system to maximize energy and water efficiency.
In addition, the architectural team proposes that their buildings will be certified through the
Collaborative for High Performance Schools and the latest US Green Building Council
Certification known as Leadership in Energy and Environmental Design (LEED) for Schools.
The project will also encourage the use of alternative modes of transportation to and from the
campus by including bicycle storage and changing facilities. Similarly, the parking areas will
include preferred parking for low emitting/fuel-efficient vehicles as well as preferred parking for
carpools.
CONCLUSION
The High Tech High Learning High School and Elementary/Middle School educational facility
is consistent with the Otay Ranch GDP policies, and staffrecommends that the City Council (I)
adopt a resolution adopting the Mitigated Negative Declaration IS-07-014 and associated
Mitigation Monitoring and Reporting Program (MMRP), (2) adopt the ordinance amending the
7-10
Date, Item No.: ::;.
Meeting Date: 12/18/07
Page 11 of 11
zoning map and approving a Zone Change (PCZ-07-03) for the 10-acre project site from Planned
Community (PC) to Public Quasi-Public (PQ), and (3) adopt a resolution approving Conditional
Use Permit (PCC-07-024) in accordance with the findings and subject to the conditions
contained therein.
DECISION-MAKER CONFLICTS
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property that is subject to this action.
FISCAL IMPACT
The proposed project will not have an impact on the City's General Fund, and there are no fiscal
impacts to the City coming from the preparation of the reports and resolutions for these
discretionary applications, as all costs are covered by their respective deposit accounts.
It appears that there won't be any tax benefits from the leasing of the city owned site. As
mentioned above, the City of Chula Vista owns the property and High Tech High Learning
currently leases the property from the City for a nominal rate of $1 per year, but will be
responsible for all costs associated with the development and maintenance of their facilities.
ATTACHMENTS
1. Locator Map
2. Planning Commission Resolution PCC-07-024
3. Mitigated Negative Declaration 1S-07-014
4. Draft City Council Resolution for the Mitigated Negative Declaration
5. Draft City Council Ordinance for the Zone Change
6. Draft City Council Resolution for the Conditional Use Permit
7. Application and Disclosure Statement/Site Plan
Prepared by: Harold Phelps, Associate Planner, Planning & Building Department
J: \PlanningIHAROLD\PCZ-07-03 _PCC-07-024 _ CC _ Revised. doc
7-11
Birch Rd
LOCATOR
~
NORTH
High Tech High
IS-07 -014
Vicinity Map
Figure 1
7-12
At-fu.chlYlen+ 2
RESOLUTION NO. PCC-07-024
A RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL ADOPT A
RESOLUTION ADOPTING THE MITIGATED NEGATIVE
DECLARATION IS-07-014 AND ASSOCIATED MITIGATION
MONITORING AND REPORTING PROGRAM (MMRP), ADOPT THE
ORDINANCE AMENDING THE ZONING MAP AND APPROVING
ZONE CHANGE PCZ-07-03 FOR THE 10-ACRE PROJECT SITE FROM
PLANNED COMMUNITY (PC) TO PUBLIC QUASI-PUBLIC (PQ), AND
ADOPT A RESOLUTION APPROVING CONDITIONAL USE PERMIT
PCC-07-024 IN ACCORDANCE WITH THE FINDINGS AND SUBJECT
TO THE CONDITIONS CONTAINED THEREIN.
WHEREAS, a duly verified application for a preliminary environmental review, zone
change, and a conditional use permit was filed with the City of Chula Vista Planning and
Building Department on October 17, 2006 by High Tech High Learning, ("Applicant"); and
WHEREAS, the application requests permission to construct a State Chartered Public
High School and Elementary/Middle School facility on a 10-acre property located at the
southeast comer of Discovery Falls Drive Extension and Hunte Parkway, APN 643-070-10-00;
and
WHEREAS, The Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has conducted an Initial
Study (IS-07-014) in accordance with the California Environmental Quality Act. Based upon the
results of the Initial Study the Environmental Review Coordinator has determined that the
proj ect could result in significant impacts on the environment. However, revisions to the proj ect
made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point
where clearly no significant effects would occur; therefore, the Environmental Review
Coordinator has prepared a Mitigated Negative Declaration (MND IS-07-014) and associated
Mitigation Monitoring and Reporting Program (MMRP); and
WHEREAS, the Planning Commission has considered the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program (IS-07-014) and hereby finds that
the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-07-
014) have been prepared in accordance with the requirements of the California Environmental
Quality Act (CEQA), and the Environmental Review Procedures of the City ofChula Vista; and
WHEREAS, the Resource Conservation Committee (RCe) found that the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program (lS-07-014) were
adequate and unanimously recommended adoption of the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program (IS-07-014) at their November 19,2007 meeting;
and
7-13
Planning Commission Resolntion PCC-07-024
Page 2
WHEREAS, the Planning Commission set the time and place for a hearing on said zone
change and conditional use permit and notice of said hearing, together with its purpose, was
given by its publication in a newspaper of general circulation in the city and its mailing to
property owners within 500 feet of the exterior boundaries of the Project site at least ten days
prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 5:00 p.m.
on December 18, 2007, in the Ken Lee Building Conference Room, 430 F Street, before the
Planning Commission and said hearing was thereafter closed; and
WHEREAS, the Planning Commission considered all reports, evidence, and testimony
presented at the public hearing with respect to the subject application.
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the
Planning Commission, the Planning Commission hereby finds that a recommendation of
approval adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program (IS-07-014), a recommendation for adoption of the Ordinance (PCZ-07-03) amending
the Zoning Map for the lO-acre project site from Planned Community (PC) to Public Quasi-
Public (PQ), and a recommendation of approval for the Conditional Use Permit (PCC-07-024)
are consistent with the City of Chula Vista General Plan and the Otay Ranch General
Development Plan, as well as the Zoning Code, and all other applicable plans so that the public
necessity, convenience, general welfare and good planning practice support the approval.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION
recommends that the City Council:
(1) Adopt the attached draft resolution adopting the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program (IS-07-014) for the High Tech High
Learning State Charter Public High and ElementarylMiddle School proposal;
(2) Adopt the attached draft ordinance amending the zoning map and approving Zone
Change (PCZ-07-03) for the 10-acre project site from Planned Community (PC) to
Public Quasi-Public (PQ); and
(3) Adopt the attached draft resolution approving Conditional Use Permit (PCC-07-024)
in accordance with the required findings and subject to the conditions contained
therein.
And that a copy of this resolution be transmitted to the owners of the property and to the
City Council at the public hearing to be held subsequent to this Planning Commission public
hearing on the same date.
7-14
Planning Commission Resolution PCC-07-024
Page 3
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 18th day of December, 2007 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
William C. Tripp, Chair
ATTEST:
Diana Vargas, Secretary
J :IPLANNINGIHAROLDlREsOLUTlONSIPCC-07-024_ PC _RESO.DOC
1-15
Mitigated Negative Declaratio
AAamrn-en+3
PROJECT NAME:
High Tech High University Park
PROJECT LOCATION:
Southeast corner of Discovery Falls Rd. and Hunte Pkwy
ASSESSOR'S PARCEL NO.:
643-070-10-00; 644-080-15-00; 644-080-10-00
PROJECT APPLICANT:
High Tech High Learning
CASE NO.:
IS-07-014
DATE OF DRAFT DOCUMENT:
November 1,2007
DATE OF RESOURCE CONSERVATION COMMISSION MEETING: November 19, 2007
DATE OF PLANNING COMMISSION HEARING: December 18. 2007
DATE OF CITY COUNCIL HEARING: December 18. 2007
DATE OF FINAL DOCUMENT: December 11. 2007
Revisions made to this document subsequent to the issuance of the Notice of Availability of the
draft Mitigated Negative Declaration are denoted by underline.
A. Proi ect Setting
The proposed lO-acre High Tech High University Park (project) site is located at the southeast corner
of Hunte Parkway and Discovery Falls Drive, within the eastern portion of the City of Chula Vista
(refer to Figure I). The project site consists of undeveloped lands previously used for dry farming.
Topographically, the property is characterized by rolling hillsides with elevations ranging from a high
of approximately 578 feet Mean Sea Level (MSL) within the northern comer of the property to a low
of approximately 461 feet MSL within the southern comer of the site. The land uses surrounding the
project site are as follows:
North:
South:
East:
West:
Single- and multi-family Residential (Otay Ranch Village 11)
Undeveloped (future University Campus)
Undeveloped (future University Campus)
Undeveloped (future University Campus)
B. Proiect Description
The proposed project consists of the development of two High Tech High public charter schools and
an Environmental Research Center (ERe) on approximately 10 acres of undeveloped land located in
eastern Chula Vista (refer to Figure 2). The proposed project would be constructed in two phases:
Phase One consists of a 64,000 square-foot (sf) 9'h through 12'h grade high school and environmental
research center that will accommodate 550 students and 36 faculty members on an approximate 8-
acre parcel. Phase Two would include the addition of a 70,000 sf K-8'" grade school that will
accommodate an additional 700 students and 47 faculty members on an adjacent 2-acre parcel. School
phasing is summarized in Table I below. Each school building would include classrooms, specialty
labs, administration offices, a commons/dining area, and supportlbuilding core facilities.
7-16
Birch Rd
LOCATOR
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NORTH
High Tech High
15-07-014
Vicinity Map
Figure 1
7-17
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SITE. PLAN
Figure 2
Table 1: School Phasing
Phase One
School Type Grades Students Square Staff Classrooms Parking Stalls!])
Foota e
High School & 9"'-12th 550!]) 50,000 36(2) 26 112
lnte rated ERC
ERC Growing All 0 14,000 0 0 0
Areas
Phase One 9"'-12th 550 64,000 36 26 112
Total
K-8 School
Pro'eet Totals
Footnote:
1.
2.
3.
Student population assumptions for phase one: 150 students for 9th grade; 400 students for grades lOth _ 12m
Staffing assumptions for phase one: 7 staff members for 9111 grade; 29 staff members for grades lOll> _ 12111
K.91h grade = I stall per staff member plus 5 stalls for visitors
to" ~ Itll grades = 1 stall per every 4 students
Outside areas would include leaming patios, plazas, walkways, dining terraces, play yards
including half basketball courts, green space, areas for drop off and pick-up, and parking
spaces for cars and bicycles.
The ERC will be highly integrated with the high school and will consist of specialty labs,
outdoor growing areas, and other facilities for environmentally-focused research and
teaching involving students, faculty, and visiting researchers and community members.
Ancillary activities and programs including, but not limited to, fundraising, athletic,
preschool, childcare, adult education, research, performing arts, and community events may
take place on the campus before, during, or after regular school hours and on weekends and
holidays as well. The completed project will include grading to create appropriate building
pads, on-site parking, open recreational space, landscaping, lighting, sign age, pedestrian
pathways, fencing, and retaining walls. Proposed lighting will consist of standard security,
pathway, and parking lighting standards. The proposed project will also evaluate the use of
an approximate 12-acre borrow immediately adjacent to the site that would provide 400,000
cubic yards of soils needed to create the building pads and a relatively flat campus. The
overall impact area (campus, access roads, slopes, and borrow area) encompasses
approximately 26 acres.
Zone Change
A redesignation of the 10-acre school site from Planned Communi tv (PC) zone to
Public/Quasi-Public (P-O) zone is proposed in order to allow a public use within Universitv
Campus area prior to the processing of the University Campus Sectional Planning Area
(SPA) Plan.
High Tech High University Park
Case Number: 15-07-014
Page 4
7-19
Hours of Operation:
The proposed schools and ERC would generally operate between 8:30 AM to 4:00 PM
Monday through Friday, with limited ancillary activities offered before and after school
hours and weekends and holidays as well. The start and end times for the different schools
may be staggered to minimize traffic congestion during peak drop-off and pick-up times.
Parking:
The proposed project would meet the minimum requirements set forth in the Chula Vista
Municipal Code for on-site parking for the two schools. Because the research center is an
extension of the high school and will have no faculty, staff, or students independent of the
schools, no additional parking is required for this facility.
LEED Certification
The proposed project is in the process of seeking certification through the Collaborative for
High Performance Schools and the latest US Green Building Council Certification:
Leadership in Energy and Environmental Design (LEED) for Schools. Measures that would
be implemented to achieve certification include, but are not limited, to integrating a 50kW
photovoltaic system in the roof design, imposing a minimum daylight factor of 2% in at least
75% of classrooms and regularly-occupied spaces, and installation of a Building
Management System (BMS) will be integrated with the lighting, irrigation, and mechanical
system to maximize energy and water efficiency. The project encourages alternative
transportation by including bicycle storage and changing facilities. Similarly, parking areas
would include preferred parking for low emitting/fuel-efficient vehicles as well as preferred
parking for carpools, which would encourage alternative transportation options. In order to
improve energy use, the project would exceed the standard California Title-24 Energy Code
by a minimum of 15 percent.
C. Compliance with Zoning and Plans
The proposed project site is located in the P-C Zone (Planned Community/Otay Ranch
University Campus) and PQ (Public/Quasi-Public) General Plan land use designation. The
proposed project is consistent with the goals, objectives, and policies of the City's General Plan
and Otay Ranch General Development Plan (GDP) for the establishment of educational and
research institutions within this area. A redesignation of the proposed school site from PC
zone to P-Q zone is proposed to allow for a public use within University Campus area prior
to the processing of the University Campus Sectional Planning Area (SP A) Plan.
Otay Ranch General Development Plan/Subregional Plan Program EIR
The Final Program Environmental Impact Report (Program Eill. #90-01) for Otay Ranch
General Development Plan/Subregional Plan (GDP/SRP) was prepared and certified jointly
by the City of Chula Vista and County of San Diego. The Program EIR 90-0 I addresses the
High Tech High University Park
Case Number: IS-07-014
Page 5
7-20
envirornnental impacts of implementation of the Otay Ranch GPAJGDP/SRP and related
documents, which include Facility Implementation Plans, a Village Phasing Plan, Phase One
Resource Management Plan (RMP), and a Service/Revenue Plan. As part of Program EIR
90-01, a Mitigation Monitoring and Reporting Program (MMRP) was prepared to define
implementation of the mitigation measures described in the Program EIR. Relative to the
project site, the Program EIR identified potentially significant impacts associated with
agricultural resources, landform development, biological resources, and air quality with
build-out of the site in accordance with the GDP.
A Statement of Overriding Considerations was adopted for Program EIR #90-01 that
addressed impacts to agricultural resources, landform development, biological resources, and
air quality within the development area of the proposed project. Thus, the potential impacts
(direct and/or cumulative) associated with agricultural resources, landform development,
biological resources, and air quality within this area have been assumed, considered and
approved through the adoption of the Statement of Overriding Considerations for the Otay
Ranch GDP.
D. Public Comments
On July 13,2007, a Notice of Initial Study was circulated to property owners and residents
within a 500-foot radius of the proposed project site. The notice period ended July 25, 2007.
Two written comment letters were received during the public review period. The comment
letters included comments pertaining to the project's exemption of school fees from Chula
Vista Elementary School District, consistency with the Otay Ranch General Development
Plan, biological resources, water quality, air quality, and project alternatives. The issues
regarding biological resources, water quality, and air quality are addressed in the Mitigated
Negative Declaration sections below.
On November 7. 2007 a Notice of Availabilitv of the Proposed Mitigated Negative
Declaration for the proiect was posted in the Countv Clerk's Office and circulated to propertv
owners and residents within a 500-foot radius of the proiect as well as those individuals who
have requested to be notified but who are located bevond the 500-foot radius. The 30-dav
public comment period closed on December 7.2007.
The Citv received I comment letter during the 30-dav public review period. The comment
letter was submitted iointlv bv the Californian Department of Fish and Game and US Fish
and Wildlife Service (Wildlife Agencies). The Wildlife Agencies expressed a concern
regarding: 1) the draft mitigation language for landscaping requirements and, 2) the potential
for Burrowing Owls to be present on site. The issues raised in these letters have been
addressed in the Mitigated Negative Declaration and attached checklist, as well as in the
attached response to comments (Attachment "B").
High Tech High University Park
Case Number: IS-07-014
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7-21
E. Identification of Environmental Effects
An Initial Study conducted by the City of Chula Vista (including the attached Environmental
Checklist form) determined that although the proposed project could have a significant
environmental effect, there would not be a significant effect in this case because mitigation
measures described in Section F below have been added to the project. Therefore, the
preparation of an Environmental Impact Report will not be required. This Mitigated
Negative Declaration has been prepared in accordance with Section I5070 of the State
CEQA Guidelines.
AESTHETICS
Steep Slope Analysis
The Otay Ranch General Development Plan (GDP) and Resource Management Plan (RMP)
established a ranch-wide standard that required preservation of at least 83 percent of the steep
slopes (slopes with gradients of 25% or greater) throughout the Otay Ranch. As an
implementing action of the GDPIRMP, a steep slope allocation table was provided a part of
the Phase 2 RMP (Exhibit 29). Geographically, the project site is located within the
University Campus planning area (formerly referred to as Otay Ranch Village 10). The
original steep slope tabulation assumed that approximately I ,30 1 steep slopes acres would be
impacted, and specifically allocated 55.7 acres of steep slope impact to Village 10.
In November 1998, the Sectional Planning Area (SPA) One Plan revised the original steep
slope allocations to Villages One, Five, Thirteen and Fifteen. Based on this reallocation, the
total number of estimated steep slopes impacts in Otay Ranch was reduced to 1,281.5 acres.
Overall, the SPA One revisions resulted in a net surplus of 18.8 acres of steep slope
encroachment as compared to the originally forecasted GDP impact of 1,301 acres. In
addition, based on a current tabulation for completed SPA plans (Villages One, Five, Six,
Eleven, and the Freeway Commercial), it has been estimated that an additional 1.0 acres of
steep slopes were not impacted as a part of the grading for these projects. The combination
of both of these totals results in a total surplus of 19.8 (18.8 + 1.0) acres of steep slopes that
can be impacted, while still maintaining the 83% slope preservation standard.
The Phase 2 RMP requires that the application of the preservation standard must be reviewed
and monitored as additional projects are processed within the Otay Ranch GDP Planning
Area to ensure that the ranch-wide goal of steep slope preservation is maintained. The
project area includes approximately .35 acres of impacted steep slopes (Steep Slope Review,
RBF, September 6, 2007). This estimated impact to steep slopes within Village 10 would not
exceed the RMP steep slope allocation of 55.7 acres. Therefore, implementation of the
proposed project would not significantly impact the ranch-wide steep slope preservation
standard.
High Tech High University Park
Case Number: IS-07-0 14
Page 7
7-22
Air Quality
To assess potential air quality impacts of the project, an Air Quality Assessment for the High
Tech High University Park, dated September 19, 2007 was prepared by RFB Consulting.
The results of this analysis are summarized below.
Thresholds of Significance
To determine whether a project would create potential air quality impacts, the City evaluates
project emissions thresholds in accordance with the South Coast Air Quality Management
District (SQAMD) standards.
Short-Term Emissions (Construction)
As stated in the air quality assessment, all grading activities, including those for Phase II
development, would occur with the development of Phase L As such, Phase II
implementation consisted of construction of building facilities. Construction equipment used
for grading would include graders, off-highway vehicles, and tractors. Approximately
400,000 cubic yards of earth would be moved from an adjacent borrow site in order to create
building pads and a relatively flat campus. The project, as proposed, would be balanced and
does not include soil hauling from off-site locations.
The results of the air quality modeling for short-term construction operations are presented
below in Table 2. Based on the results of the air quality assessment, the proposed project
would exceed SCAQMDs thresholds for both PMIO and PM2.5 without implementation of
mitigation measures during grading operations. Other project emissions associated with
grading activities, including CO, ROG, NO" and SO" would not exceed SCAQMD
thresholds.
High Tech High University Park
Case Number: 1S-07-014
Page 8
7-23
Table 2: Construction Air Emissions
PHASE I
Unmiti ated Emissions
SeA MD Thresholds
Is Threshold Exceeded?
Miti ated Emissions3.4
SeA MD Thresholds
Is Threshold Exceeded After
Miti atioo?
PHASE n
Unmiti ated Emissions
SCAQMD Thresholds
Is Threshold Exceeded?
Miti ated EmissionsJ".-
seA MD Thresholds
Is Threshold Exceeded After
Miti tion?
ROG - reactive organic gases; NOx - nitrogen oxides; CO - carbon monoxide; SOx - sulfur oxides; PM10 - particulate matter; up to
10 microns
Notes;
I. Emissions were calculated using the URBEMIS 2002 Computer Model, as recommended by the SOAPeD and SCAQMD.
2. Per the SCAQMD guidance, PM25 calculations were estimated using the following ratios:
. 0.96 percent ofPM1o asphalt emission;
. 21 percent ofPM1o fugitive dust; and
. 89 percent ofPMIQ construction exhaust.
). The reductionlcredits for construction emission mitigations are based on mitigation included in the URBEMIS 2002 computer model
and as typically required by the SCAQMD. The mitigation includes the following: properly maintain of mobile and other
construction equipment; replace ground cover in disturbed areas quickly; water exposed surfaces three times daily; cover stock piles
with tarps; water all haul roads three times daily; and limit speeds on unpaved roads to 15 miles per hour.
4. Refer to Appendix A (Air Modeling Data) for assumptions used in this analysis, including quantified emissions reduction by
miti ation measures.
52.78 64.94 78.22 1075.29 225.57 0.00
75 100 550 150 55 150
NO NO NO NO
52.78 64.94 78.22 123.86 28.30 0.00
75 100 550 150 55 150
NO NO NO NO NO NO
52.75 8536 118.82 3.19 2.84 0.01
75 100 550 150 55 150
NO NO NO NO NO NO
52.75 85.36 118.82 3.19 2.84 0.01
75 100 550 150 55 150
NO NO NO NO NO NO
The mitigation measures contained in Section F below would reduce short-term construction
related impacts to a level ofless than significant. These measures are included as a part of the
Mitigation Measure Monitoring and Reporting Program.
Cumulative Short-Term Emissions
Other projects in the area include the Sweetwater Union High School District (SUSHD)
Middle School 12 / High School 14 project, Eastern Urban Center (EUC), and the Otay
Ranch Village 2 SPA Plan. Both the EUC and SUHSD projects are currently in development
planning and have yet to obtain building entitlements. The Otay Ranch Village 2 SPA Plan
has been approved and is currently under construction and discussed below. Mass and rough
grading of the SUSHD Middle School were completed as part of initial grading activities for
the Otay Ranch Village II SPA Plan development, while grading of the EUC is not expected
to occur until mid to late 2008. By comparison, grading of the proposed project is expected
to be complete by early 2008. Therefore, for the purposes of this evaluation, it was assumed
that grading operations associated with the proposed project would not occur simultaneously
with grading operations associated with either the EUC or SUSHD developments.
The Otay Ranch Village 2 SPA Plan development is located approximately 1.5 miles west of
the proposed project and is currently in various stages of construction including: mass, rough,
and precise grading. As indicated above under the discussion of Short-term Emissions, the
High Tech High University Park
Case Number: [5-07-0/4
Page 9
7-24
primary pollutant of concern with regards to construction activities is PMIO. The majority of
PMlO emissions are associated with fugitive dust particles, which would primarily affect
sensitive receptors within the immediate area of grading operations. The air quality modeling
prepared for the Otay Ranch Village 2 SPA Plan Final Environmental Impact Report (FEIR
02-02) concluded that impacts associated with construction emissions, including PMIO, would
be less than significant with the incorporation of mitigation measures. Similarly, as indicated
in Table 2 above, the proposed project also would not result in exceeding the SCAQMD
thresholds for PMIO with the implementation of project specific mitigation measures
including, but not limited to: watering of exposed surfaces three times daily; covering stock
piles with tarps; watering all haul roads three times daily; and limiting speeds on unpaved
roads to 15 miles per hour.
Therefore, based upon the distance separating the proposed project from Otay Ranch Village
2 SPA Plan development and localized effect ofPMIO emissions, the findings and mitigation
measures contained in FEIR 02-02, and the air quality analysis performed for the proposed
project, the proposed project's incremental contribution to short-term cumulative
construction impacts would be considered less than significant.
Long-Term, Year 2010 and 2030 Emissions (Operation)
For purposes of this air quality emissions analysis, operational related air quality impacts
were studied for Year 2010 and 2030 buildout. Emissions were quantified based on the
build out of both Phase I and Phase II. Long-term air quality impacts would consist of mobile
source emissions generated from project-related traffic and from stationary source emissions
generated directly from natural gas. Emissions associated with each of these sources are
shown in Table 3 below. Based on the results of the air quality assessment, the proposed
project would not result in significant long-term air quality impacts.
Year 2010
Mobile
Source
Project-related motor vehicle trips
Natural gas combustion, landscape
maintenance
Totals
29.46 22.96 223.02 017 28.90
1.82 1.05 2.75 0.00 0.Q1
31.28 24.01 225.77 0.17 28.90 28.61
55 55 550 150 150 55
No No No No No No
9.05 4.9\ 56.13 0.16 2879
1.82 1.05 2.75 0.00 0.01
Area Source
seA MD Si nificance Criteria
15 Threshold Exceeded?
Year 2030
Mobile
Source
Project~related motor vehicle trips
Area Source
Natural gas combustion, landscape
maintenance
Totals 10.87 5.96 58.88 0.16 28.80 28.51
SeA MD Si nifiunee Criteria 55 55 550 150 150 55
Is Threshold Exceeded? No No No No No No
Notes
1. Mobile source emissions are based upon trip generation data supplied in the Rick Engineering Company on March 7,2007.
2. According to the SCAQMD, operational levels of PM lO, which are almost entirely mobile emissions, are composed of 99 percent of
PM2S. To calculate PMn emissions a ratio of99 percent of the total PMIO emissions was used_ Therefore, the PMn emissions are not
divided into area and mobile source emissions
High Tech High University Park
Case Number: IS-07-014
Page 10
7-25
Cumulative Long-Term Impacts
Implementation of the proposed project would result in an increase in emissions, which
would contribute to region-wide emissions on a cumulative basis. Based on the analysis
provided, the proposed project would not result in an exceedance of criteria pollutants for
long-term operational impacts. The proposed project would also be consistent with the land
use designations provided in the City's General Plan. Therefore, the proposed project would
result in a less than significant impact regarding cumulative impacts.
CO Analysis (Hot Spots)
In order to determine the potential for significant air quality impacts associated with CO
emissions, an evaluation of CO hot spots was completed. This was done to determine if the
proposed project emissions exceeded the acceptable regional criteria and violated the CO
standard. The CO "hot spots" were based upon the findings of the project traffic study.
According to the Traffic Impact Analysis, full build out of the project would warrant a CO
hotspot analysis at the Olympic ParkwaylEastlake Parkway and Birch Road/Eastlake
Parkway intersections. Future CO projections for these intersections were modeled using the
existing lane configurations. The projected traffic volumes were then modeled using the
CALINE4 dispersion model and the resultant values were added to an ambient concentration.
Based on the results of the CO hot spot analysis, the surrounding intersections would not
result in exceeding Federal or State CO standards; therefore, impacts would be considered
less than significant.
City of Chula Vista CO2 Reduction Plan
In order to reduce greenhouse gas emissions, the City of Chula Vista has prepared the CO2
Reduction Plan. The CO2 Reduction Plan aims to reduce CO2 emissions to 80 percent of
1990 levels by the year 2010. As a response to the City's CO2 Reduction Plan, the proposed
project is in the process of seeking certification through the Collaborative for High
Performance Schools and the latest US Green Building Council Certification: LEED for
Schools. In accordance with eh City's CO2 Reduction Plan and to aid in achieving LEED
Certification, the proposed project includes, but is not limited to: integrating a 50kW
photovoltaic system in the roof design, imposing a minimum daylight factor of 2% in at least
75% of classrooms and regularly-occupied spaces, and installation of a Building
Management System (BMS) will be integrated with the lighting, irrigation, and mechanical
system to maximize energy and water efficiency. The project encourages alternative
transportation by including bicycle storage and changing facilities. Similarly, parking areas
would include preferred parking for low emitting/fuel-efficient vehicles as well as preferred
parking for carpools, which would encourage alternative transportation options. In order to
improve energy use, the project would exceed the standard California Title-24 Energy Code
by a minimum of 15 percent.
High Tech High University Park
Case Number: IS-07-014
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Global Climate Chanf!e
In 1988, the United Nations established the Intergovernmental Panel on Climate Change to
evaluate the impacts of global warming and to develop strategies that nations could
implement to curtail global climate change. In 1992, the United States joined other countries
around the world in signing the United Nations' Framework Convention on Climate Change
agreement with the goal of controlling greenhouse gas emissions, including methane. As a
result, the Climate Change Action Plan (CCAP) was developed to address the reduction of
greenhouse gases in the United States. The CCAP consists of more than 50 voluntary
programs. Additionally, the Montreal Protocol was originally signed in 1987 and
substantially amended in 1990 and 1992. The Montreal Protocol stipulates that the
production and consumption of compounds that deplete ozone in the stratosphere (i.e.,
chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform) were to be phased
out by year 2000.
On June I, 2005, the Governor of California signed Executive Order S-3-05, which
established the following greenhouse gas emission reduction targets for the State of
California:
. By 2010, reduce greenhouse gas emissions to 2000 levels;
. By 2020, reduce greenhouse gas emissions to 1990 levels; and
. By 2050, reduce greenhouse gas emissions to 80 percent below 1990 levels.
Executive Order S-3-05 also recognized the importance of preparedness in that it directed the
Secretary of the California Environmental Protection Agency (CalEP A) to lead an effort to
evaluate the impacts of climate change on California and to examine adaptation measures
that would best prepare the state to respond to the adverse consequences of climate change.
In response to S-3-05, the California Climate Action Team (CCAT) was convened, which
comprised of representatives from CalEPA, CARB, Integrated Waste Management,
California Energy Commission, and several other state departments. The CCAT prepared the
Climate Action Team Report to Governor Schwarzenegger and the Legislature (dated March
2006), which provides an overview of scientific evidence regarding climate change as well as
potential effects on California. The report also provides recommendations regarding
strategies the state should pursue to reduce climate change emissions.
In addition to Executive Order S-3-05, the California Legislature passed Assembly Bill 32
(Global Warming Solutions Act) (AB-32) on August 31,2006. It requires the State's global
warming emissions to be reduced to 1990 levels by 2020. The reduction would be
accomplished through an enforceable statewide cap on global warming emissions that would
be phased in starting in 2012. Emission reductions shall include carbon sequestration projects
and best management practices that are technologically feasible and cost-effective.
However, AB-32 does not provide thresholds or methodologies for analyzing a project's
impacts regarding global climate change. AB-32 primarily provides a timeframe for
establishing plans, policies, and studies to address global climate change.
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Case Number: IS-07-014
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In light of legislation such as AB-32 and Executive Order S-3-05, there has been much
debate regarding the analysis of global climate change in CEQA documents. As previously
mentioned, although several studies are available regarding the overall impacts associated
global climate change, the conclusions and predictions vary with each report. Based on the
current scientific literature, on a proposed project of this size, it would be speculative to
determine whether the contribution of any particular project or plans to greenhouse gas
emissions and climate changes are significant.
Based on an investigation of compliance with local air quality thresholds, future long-term
operational impacts, incorporation of Green House Gas Reduction measures, and consistency
the City's CO Reduction Program, the proposed project would still have the potential to
result in emissions associated with greenhouse gases. However, there is significant
uncertainty involved in making predictions of the extent of which the project operations have
on greenhouse gas emissions and global climate change. Therefore, a conclusion on the
significance of the environmental impact of climate change cannot be reached. Section
15145 of the CEQA Guidelines provides that, if after a thorough investigation a lead agency
finds that a particular impact is too speculative for evaluation, the agency should note its
conclusion and terminate discussion of the impacts.
Biological Resources
A Biological Resources Report and Impact Analysis was prepared by Dudek and Associates,
dated May 2007, to assess the potential direct, indirect, and cumulative impacts to sensitive
biological resources of the project. Biological surveys of the study area were conducted by
Dudek biologist Tricia Wotipka on June 28 and November 28, 2006, to map and assess the
existing vegetation and to conduct a general reconnaissance-level survey for plant and animal
species recognized as sensitive by local, state, or federal wildlife agencies and/or
environmental organizations. The results of the report are summarized below.
The approximate 26-acre project site (campus, borrow area, slopes and access roads) consists
of two altered or non-native habitat types: 24.15 acres of agriculture and 2.18 acres of
disturbed land. No natural vegetation communities/habitat types including jurisdictional
waters of the U.S.lState, including wetlands, were observed within the approximate 26-acre
study area. The proposed project is within a development area of a Covered Project as
identified in the City's MSCP Subarea Plan and as such has not been identified as a strategic
preserve area within the City nor is it located within a designated conservation area;
therefore, the proposed project would not impact the goals and objectives of the City's
MSCP Subarea Plan. Lands adjacent to the project site include developed lands to north
including Hunte Parkway and the Otay Ranch Village 11 SPA development, and
undeveloped former agricultural lands to the east, south and west. The City's MSCP Subarea
Preserve is located approximately 3,000 feet southeast of the project study area.
On June 28, 2006, and November 28,2006, Dudek biologist Tricia L. Wotipka conducted a
general biological resources assessment of the approximately 26-acre study area, which
included a general wildlife and botanical survey, vegetation community mapping, and the
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preparation of a biological resources map. The assessment was conducted on foot and the
entire study area was walked to thoroughly complete the resource inventory.
Soils
According to Bowman (1973), the site supports two soil types within the Olivenhain series:
Olivenhain cobbly loam (OhC), 2 to 9 percent slopes and Olivenhain cobbly loam, 9 to 30
percent slopes. Soils in the Olivenhain series are typically characterized by well-drained,
moderately deep to deep cobbly loarns with a very cobbly clay subsoil (Bowman 1973). In
many places, microrelief of broad-base low hummocks, locally called mima mounds, may be
evident (Bowman 1973).
Botanv -Existing Plant Communities and Floral Diversitv
The majority of the site is in a highly disturbed state, which has been most likely affected by
previous grading, disking, ranching, and farming activities. No jurisdictional waters of the
U.S./State, including wetlands, under the jurisdiction of the U.S. Army Corps of Engineers
(ACOE), the Regional Water Quality Contral Board (RWQCB), the CDFG, and the City's
Wetland Protection Program (WPP) were identified within the 26-acre site. In accordance
with Table 5-3 of the City's MSCP Subarea Plan, the study area supports approximately
24.15 acres of agriculture and 2.18 acres of disturbed land. These vegetation
communities/land covers are graphically depicted in Figure 3 below; similarly, their acreages
are presented in Table 4.
Table 4: Acreages of Existing Vegetation Commnnities
Vegetation Communities I\ISCPTiel" Existing Acreage
Agriculture IV 24.15
Disturbed Lands IV 2.18
TOTAL 26.33
Agriculture (MSCP Tier IV)
Agricultural lands refer to areas which have been under previous or current cultivation or are
pastures actively grazed by livestock and contain fewer than 20 percent native plant cover.
These areas contain very few native shrubs and pastures are dominated by non-native
grasses, doveweed, and black mustard.
Within the study area, agricultural lands occupy a majority of the site (92 percent) and is
dominated by wild radish (Raphanus sativus), garland chrysanthemum (Chrysanthemum
coronarium), short-podded mustard (Hirschfeldia incana), black mustard (Brassica nigra),
ripgut brame (Bromus diandrus), and foxtail chess (Bromus madritensis).
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Biological Resources Map 3
7-30
Disturbed Land (M5CP Tier IV)
Disturbed land refers to areas where persistent mechanical disturbance has resulted in
severely limited natural vegetation growth. Disturbed land can include dirt roads, abandoned
pads, unvegetated, manufactured slopes, and other man-made land covers. Within the study
area, disturbed land refers to the sparsely vegetated, 2:1 manufactured slope along Hunte
Parkway.
Implementation of the proposed project would result in direct, permanent impacts to
approximately 26 acres of non-native plant communities/land covers, including 24.15 acres
of agriculture and 2.18 acres of disturbed land. Impacts to Tier IV habitat are not considered
significant in accordance with the City's MSCP Subarea Plan. Consequently, mitigation for
direct impacts to Tier IV habitat is not required.
Sensitive Biological Resources
Sensitive Vegetation Communities
No natural and/or sensitive vegetation communities, including wetlands and non-wetland
waters of the U.S.lState, were identified within the 26-acre study area. Agriculture and
disturbed land are considered non-native Tier IV land covers in accordance with the City's
MSCP Subarea Plan and as such have very little to no biological value. The proposed project
would not result in direct impacts to sensitive vegetation communities and; therefore, impacts
are considered less than significant.
Sensitive Plants
No state- or federally-listed endangered or threatened species or species considered sensitive
by the California Native Plant Society (CNPS) were observed within the study area and due
to the extent of disturbance present, none are expected to occur. Therefore, direct impacts to
sensitive plant species are considered less than significant.
The City's MSCP Subarea Plan Preserve is located approximately 3,000 feet southeast of the
project study area. Although the City's MSCP Preserve is not immediately adjacent to the
project site, implementation of the proposed project has the potential to indirectly impact off-
site, native vegetation communities due to the introduction of invasive non-native species on
the project site. Implementation of the mitigation measures contained in Section F below
would reduce potential indirect impacts to adjacent biological resources to a level of less than
significant.
Sensitive Wildlife
No state- or federally-listed threatened or endangered animal species, or evidence of nesting
birds (i.e., nest building, territorial defense, transport of nesting material or food for young,
etc.) was identified during the spring general reconnaissance. Given the extent of disturbance
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over the proiect site, the potential for sensitive wildlife species to nest within the studv area is
considered low. However. Burrowinll Owls are known to occur in the vicini tv and can nest in
burrows found on aericultural and disturbed land. Impacts to this species would be
considered sillllificant.survey and, due to the m(te[lt of disturbance, se[lsitive wildlife species
are not expected to [lest '.vitllin thc sttid)' area.
In addition, the study area has a moderate potential to provide foraging habitat for the
following avian species: white-tailed kite (Elan us leucurus), a USFWS Migratory Nongame
Birds of Management Concern (MNBMC), and the loggerhead shrike (Lanius ludovicianus),
a California Species of Concern (CSC). Implementation of the mitigation measures contained
in Section F below would reduce potential impacts to sensitive wildlife species to a level of
less than significant.
Habitat Linkages
Wildlife corridors are linear features that connect large patches of natural open space and
provide avenues for the immigration and emigration of animals. Salt Creek, which is located
off site approximately 3,000 feet southeast of the study area, is the only biological resource
in the project vicinity that may serve as a wildlife movement corridor. The study area itself is
not located within a movement corridor and is not expected to aid in the movement of
wildlife species because of its close proximity to other disturbed and developed sites. The
study area does not function as a habitat linkage or wildlife corridor; therefore, impacts are
considered less than significant.
Regional Conservation - Cumulative Impacts
The cumulative assessment of biological resources impacts relies on the Chula Vista's
adopted MSCP Subarea Plan. Preservation of the region's biological resources is addressed
through the implementation of regional habitat plans. Impacts to biological resources in
Chula Vista are managed through the Chula Vista MSCP Subarea Plan, which incorporates
the atay Ranch Resource Management Plan (RMP). Implementation of the City's MSCP
Subarea Plan contributes significant habitat conservation both within the Chula Vista
Subarea and within the Chula Vista MSCP Planning Area in the unincorporated County
Multi-Habitat Planning Area (MHPA).
The City's MSCP Subarea Plan designates the entire project area as a development area
within a Covered Project (i.e., atay Ranch). A Covered Project refers to those projects within
Chula Vista for which hard-line Preserve boundaries have been established pursuant to the
Subarea Plan and where conservation measures consistent with the MSCP Subregional Plan
and the City's Subarea Plan have been or will be specified as binding conditions of approval
in the proposed project plans.
In addition to the City's MSCP Subarea Plan, the atay Ranch area is governed by several
planning documents that are relevant to biological resources within the study area. They
include the atay Ranch General Development Plan! Subregional Plan (GDP/SRP) and the
atay Ranch RMP. The atay Ranch Resource Management Plan (RMP) further defines how
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open space is to be conserved and managed for biological resource value and constitutes the
California Environmental Quality Act (CEQA) mitigation for biological impacts associated
with development. Compliance relies on progressive acquisition of the designated Otay
Ranch Preserve areas to occur with each development approval.
In accordance with the City's MSCP Subarea Plan and Otay Ranch RMP, the proposed
project is considered a "common use" facility. Common use areas include, but are not limited
to, local parks and public schools and are distinguished from other beneficial uses because of
their widespread benefit to the region. Pursuant to the Otay Ranch RMP, common use areas
have been assumed with regards to preserve assembly and are not subject to conveyance
obligations pursuant to the Otay Ranch RMP; therefore, the proposed project would not
impact the goals and objectives of the City's approved Subarea Plan and supporting Otay
RanchRMP.
A Statement of Overriding Considerations was adopted for the Otay Ranch GDP in October
1993 that addressed impacts to biological resources, which included the loss of potential
foraging habitat within the development area of the proposed project. Thus, the loss of
potential foraging habitat within this area has been assumed, considered and approved
through the adoption of the Statement of Overriding Considerations (SOC) for the Otay
Ranch GDP. The construction of the proposed project would not result in any new significant
cumulative impacts that were not contemplated in the SOCs nor increase the severity of any
identified impacts in EIR 90-01.
Cultural / Paleontolol!ical Resources
Cultural Resources
An archeological survey and significance evaluation of the project site (and adjacent borrow
area) was conducted by Brian F. Smith and Associates (Archeological Assessment for the
High Tech High Chula Vista Project, December 6, 2006, revised Aprilll, 2007). The results
of the archeological survey and significance evaluation are summarized below. A copy of the
archeological assessment is available for review at the City's Planning and Building
Department.
One previously unrecorded prehistoric site, SDI-18-136, was discovered during the
archeological survey. A testing program was conducted in order to determine the significance
of the newly discovered resource. The testing program sufficiently documented the resource,
consisting of a minimal marine shell scatter, and has subsequently exhausted any research
potential. Therefore, the significance evaluation conducted for SDI-18-l36 determined that
the site is not significant according to criteria specified in State CEQA Guidelines, Section
15064.5. Impacts to this site resulting from project implementation would be considered less
than significant and no mitigation measures are required.
As noted in the archeological survey, a moderate potential still exists for additional
unrecorded sites to be discovered during initial grading operations. Therefore, to ensure that
impacts to potentially significant archeological resources are mitigated to less than
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significant, an archeological monitor shall be present during all cutting of previously
undisturbed soil. Implementation of the mitigation measures contained in Section F below
would reduce potential impacts to significant archeological resources to a level of less than
significant.
Paleontological Resources
In accordance with Appendix G of the CEQA Guidelines, impacts to paleontological
resources would be significant if the proposed project directly or indirectly destroys a unique
paleontological resource or site or unique geologic feature.
Grading for the proposed project would not impact any known paleontological resources;
however, grading activities have the potential to impact fossils that are potentially buried in
the underlying formations. The occurrence of fossils within the covered bedrock cannot be
evaluated prior to exposure. Areas of the Otay Formation with accumulations of colluvial
and alluvial deposits in the drainage course bottoms may be exposed during grading and
construction activities. The proposed grading of the Otay Formation sandstone would move
material with high sensitivity for paleontological resources. Exposure of these formations
could result in the unearthing of fossil remains, which could damage the fossils if they were
not recovered and salvaged. Destruction of the paleontological resources from these
formations would be a direct, potentially significant impact.
The mitigation measures contained in Section F below would mitigate potentially significant
impacts to paleontological resources below a level of significance.
Geolol!Y and Soils
In order to assess the potential geological and soils impact of the proposed project and the
associated off-site borrow area, a Geotechnical Investigation was prepared by GEOCON, Inc.
(Geotechnical Investigation, High Tech High Chula Vista, GEOCON Incorporated, February
13,2007). The results ofthis investigation are summarized below.
Soil conditions encountered during the geotechnical investigation included surficial deposits
comprised of compacted fill, topsoil, and colluvium. The geologic units include Tertiary-age
Otay Formation sandstone and mud stone members, Otay Formation bentonite member and
the Otay Formation gritstone member.
Soils
Development of the proposed project would result in a high school/middle school campus
with associated play yards, landscaping, parking, and access roads. Grading activities, which
remove the existing vegetative cover, would expose soils to runoff and erosion. The soils
contained in the project area have severe erosion susceptibility, resulting in a potentially
significant erosion impact. Construction on liquefiable soils within drainages could result in
injuries or loss of property during ground shaking of sufficient magnitude and duration.
Expansive soils within pavement, foundation, or slab sub grade could heave when wetted,
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resulting in cracking or failure of these development improvements. Development on
compressible soils could potentially settle under increased load and damage structures, roads,
and property.
Surficial soils (compacted fill, colluvium, and topsoil) are not considered suitable for the
support of fill or structural loads in their present condition. No additional soil or geologic
conditions were encountered or identified as part of the site-specific geotechnical
investigation that would preclude the development of the project as proposed, provided the
recommendations contained in the Geotechnical Investigation Report (Geotechnical
Investigation, High Tech High Chula Vista, GEOCON Incorporated, February 13, 2007) are
followed.
The potential discharge of silt during construction activities could result in siltation impacts
downstream. Appropriate erosion control measures would be identified in conjunction with
the preparation of final grading plans and would be implemented during construction. The
implementation of appropriate water quality best management practices (BMPs) during
construction would be required in accordance with the Chula Vista Standard Urban Storm
Water Mitigation Plan (SUSMP) and the City's Storm Water Management Standards
Manual. All portions of the development area disturbed during construction would either be
developed or would be appropriately landscaped in compliance with the Chula Vista
Municipal Code, Sections 19.36.090 and 19.36.110. Compliance with the above requirements
would be ensured by the City Engineer prior to the issuance of grading permits for the
proposed project and during construction. Therefore, the potential for the discharge of silt
into the drainage system would be less than significant.
Groundwater
Groundwater was not encountered during the geoteclmical exploration of the site. Dependent
of the time of year grading is performed, perched water conditions may develop within the
westerly drainage possibly requiring some dewatering to facilitate removal of the colluvium.
A subsurface drainage system should be installed at the base of the canyon cleanout to
preclude the build up of water within fill materials. Groundwater is not expected to adversely
impact the development of the property as proposed, provided the recommendations
contained in the Geotechnical Investigation Report are followed.
Seismicity
Based on the Geotechnical reconnaissance, evidence obtained in the exploratory borings and
trenches, and a review of geologic maps, reports, and aerial photographs, the project site is
not located on any known active, potentially active, or inactive fault traces as defined by the
California Geological Survey (CGS). The CGS considers a fault seismically active when
evidence suggests seismic activity within the last I 1,000 years. Based on a review of
available geologic data and published reports the project is not located within a State of
California Earthquake Fault Zone.
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The potentially active La Nacion Fault is located approximately 3 miles west of the project
site. The site could be subject to moderate to sever ground shaking in the event of a major
earthquake along this fault However, as stated in the Geotechnical report, no geologic
conditions exist (including the La Nacion Fault) that would preclude the development of the
property provided that the recommendations of the Geotechnical investigation are
implemented. Therefore, impacts associated with seismicity/ground shaking are not expected
to adversely impact the development of the property as proposed, provided the
recommendations contained in the Geotechnical Investigation Report are followed.
Liquefaction
Liquefaction is generally limited to granular soil deposits located below the groundwater
table which are relatively loose, unconsolidated condition that are subjected to ground
accelerations from a large earthquake. Due to the dense nature of the underlying formational
soils, remedial grading recommendations and the lack of near-surface ground water table, the
potential for liquefaction at the site is considered less than significant.
Tsunamis, Seiches, and Earthquake-Induced Flooding
Tsunamis, seiches, and earthquake-induced flooding are not expected to occur on the project
site given its distance inland and elevation above the Otay Reservoirs.
A final soils report is required to be prepared to the satisfaction of the City Engineer, prior to
the issuance of grading and construction permits. Erosion control measures will be identified
in conjunction with the preparation of the grading plans and implemented during the
construction phase.
Implementation of project-specific design mll1gation measures as described in the
geotechnical investigation (Geotechnical Investigation, High Tech High Chula Vista,
GEOCON Incorporated, February 13, 2007) would be required to reduce or avoid significant
impacts resulting from compressible and expansive soils. Potential impacts resulting from
geologic hazards would be reduced below a level of significance through implementation of
the project design recommendations contained in the Geotechnical investigation
(Geotechnical Investigation, High Tech High Chula Vista, GEOCON Incorporated, February
13, 2007), compliance with the City's Building Code, California State building codes (e.g.,
Title 24 of the California Code of Regulations, and the UBC), standard practices of the
Association of Structural Engineers of California, and the mitigation measures contained in
Section F below. These measures are included as a part of the Mitigation Measure
Monitoring and Reporting Program.
Hazards and Hazardous Materials
A Phase I Environmental Site Assessment (ESA) was prepared by Dudek and Associates
(dated May 2007) to assess the potential for hazardous materials to be located on the project
site. The Phase I ESA was prepared in accordance with the guidelines stipulated in the
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American Society for Testing and Materials Standard E-1527-05. The results of the Phase I
ESA are summarized bellow.
Information obtained during the Phase I ESA indicated that the project site and surrounding
areas have been used for dry farming and potentially irrigated farming, as well as cattle and
sheep grazing. Pesticides may have been used during agricultural activity on irrigated parts of
Otay Ranch after 1950. Previous environmental investigations on nearby portions of Otay
Ranch detected levels of arsenic and organochlorine pesticides that exceed the United States
Environmental Protection Agency's (USEPAs) preliminary remediation goals (PRGs). The
Phase I ESA prepared for the proposed project reveled no evidence or recognized
environmental conditions in connection with the project site except for the historical
agricultural activities.
The results of the Phase I ESA could not confirm the use of pesticides on the project site and
associated borrow area and, therefore, recommended a Phase II ESA be conducted to further
evaluate the site for the presence of excessive levels of arsenic and organochlorine pesticides.
A Phase II ESA was prepared by Dudek and Associates (dated July 2007) to further assess
the potential for hazardous materials to be located on the project site. The results of the
Phase II ESA are summarized bellow.
As stated in the Phase II ESA, IS soil samples were collected at IS locations on the project
site (and associated borrow area) for arsenic and organochlorine pesticides analysis. The
results of the soil analysis indicated that the concentration levels for organochlorine
pesticides were less than CaVEPA California Health Screening Levels (CHSLs).
Additionally, as stated in the Phase II ESA, three soil samples representing the highest
concentrations of organochlorine pesticides were also tested for organophosphorus
pesticides. The results of which indicated that the organophosphorus concentrations for all
three samples were below laboratory detection limits.
As previously stated, the soil samples were also analyzed for excessive levels arsenic. The
results indicated that, although the soil samples had detectible concentrations of arsenic, the
concentrations were within the range of naturally occurring arsenic concentrations in
Southern California including areas within the immediate vicinity of the project site. Based
on the results of the Phase II ESA, no further action is required; therefore, impacts associated
with hazardous materials are considered less than significant and no mitigation is required.
Hvdrolol?:V and Water Quality
In order to assess potential impacts to Hydrology and Water Quality, a Preliminary Drainage
Study and Water Quality Technical Report were prepared by RBF Consulting August 10,
2007 and September II, 2007, respectively. The results of those analyses are summarized
below.
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Existing Conditions
The project site consists of undeveloped, former farmlands, with no eXlstmg drainage
improvements. Runoff from the undeveloped site currently drains to one of two tributary
canyons of Salt Creek. The existing receiving tributaries are devoid of vibrant vegetation and
generally devoid of dry weather runoff. The western portion of the project site, south of the
existing grading of Hunte Parkway, drains to a valley tributary of Salt Creek. This tributary
merges with Salt Creek just upstream of the confluence with Otay River. The eastern portion
of the project site drains to tributary of Salt Creek and then to a regional water quality basin
constructed as part of the Otay Ranch Village 11 SPA Plan development.
The most immediate receiving waters for the project site are the unnamed tributaries to Salt
Creek. Once flow reaches Salt Creek, the runoff progresses in a southerly direction to the
Otay River and then westerly, via the Otay River, to San Diego Bay. According to the
California 303(d) list published by the San Diego Regional Water Quality Control Board
(R WQCB Region 9), none of the receiving waters for the site are impaired for any pollutants.
Additionally, no Federal Emergency Management Agency (FEMA) Special Flood Hazard
Areas (SFHAs) have been mapped on the project site.
Hydrologic Effect of the Project
As stated in the preliminary drainage report, development of the project will increase
impervious areas and overall drainage area to the western receiving tributary. Based on the
preliminary site design, all runoff from the development footprint of the two schools would
discharge to the western tributary via storm drain conveyance system. Grading of the borrow
site located to the south and east of the site will be performed such that runoff from the
borrow area will maintain existing flow patterns.
To moderate the increase in flow resulting from site development, a detention basin has been
proposed within the multi-purposed field area. The detention basin has been designed to
attenuate the 2, 10, and 100-year developed design flows to pre-development peak flows to
the western tributary. In addition, an energy dissipation devise will be installed at the
proposed storm drain outfall to reduce the effects of concentrated flows. Based on the results
of the preliminary drainage study, the hydrological effects ofthe project are concidered to be
less than significant.
On-Site Improvements
Permanent Treatment, Site Design, and Source Control BMPs shall be included as part of the
project in accordance with the City of Chula Vista SUSMP requirements and the Water
Quality Technical Report for the High Tech High (RBF Consulting, September 11,2007).
The facilities proposed to manage runoff and water quality from the site include, but are not
limited to: grading of pads to direct runoff away from structures, storm drain systems to
direct on-site runoff to appropriate outfall locations, rip rap systems, vegetated swales
(including use of the play field), detention basin, and sub-drains to be installed at all canyon
fill areas.
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In accordance with the City's Standard Urban Stormwater Mitigation Plan (SUSMP) and
RWQCBs new NPDES permit adopted January 24, 2007, the project is also required to
implement Low Impact Development (LID) design features. Features included in the site
design to minimize the transfer to off-site facilities and maximize on-site treatment include,
but are not limited to, the following:
. Discharge of roof runoff to landscape areas and not directly to storm drains. This
includes minimizing the amount of roof gutters to reduce concentrated roof flows.
. Sheet flow of parking lot drainage to landscape areas to maximize contact with
landscaping before runoff enters the storm drains. This will result in increased
infiltration and treatment.
. Use of vegetated swales to convey runoff from parking areas. This will increase
infiltration and treatment of runoff before excess runoff enters storm drains.
. On-site detention facility and sheet flow of runoff across landscaped playing field
areas. Flow from the detention facility is regulated to attenuate the peak 100, 10, and
2-year flows to pre-development flow conditions.
. Use of decomposed granite for future pad areas of the Environmental Research
Center instead of concrete pavement in order to minimize the quantity of runoff from
the site.
Temporary Construction Improvements
Best Management Practices (BMPs) to prevent, reduce, or treat water pollutants will be
implemented during the constructing phase of the project and include, but are not limited to,
vegetation stabilization (hydroseeding), desilting basins, silt fencing, straw wattles, gravel
bags, storm drain inlet protection, construction ingress/egress stabilization, spill prevention
control, and employees and subcontractor training.
The project applicant shall obtain an NPDES Permit for Construction Activity from SWRCB.
Adherence to all conditions of the General Permit for Construction Activity is required. The
applicant shall be required under the SWRCB General Construction Permit to develop a
SWPPP and a Monitoring program Plan. The SWPPP shall specify both construction and
post-construction structural and non-structural pollution prevention measures. The SWPPP
shall also address operation and maintenance of post-construction pollution prevention
measures, including short-term and long-term funding sources and the party or parties that
will be responsible for the implementation of said measures.
In addition, the applicant must provide to the satisfaction of the City Engineer verification
that a complete and accurate Notice-of-Intent (NOI) has been filed with the SWRCB. A
copy of the acknowledgement from the SWRCB that a NO! has been received for this project
shall be filed with the City ofChula Vista when received. Further, a copy of the completed
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NO! from the SWRCB showing the Pel1I1it Number for this project shall be filed with the
City of Chula Yista when received.
As a standard condition of approval, a final drainage study will be required in conjunction
with the preparation of the project grading plans. Properly designed drainage facilities will
be installed at the time of the site development to the satisfaction of the City Engineer. In
addition, compliance with required NPDES regulations and BMPs will reduce water quality
impacts to a less than significance level. These measures are included as a part of the
Mitigation Monitoring and Reporting Program (See Section F).
Noise
To assess the potential noise impacts of the project, an acoustical impact analysis was
prepared by RBF Consulting, Acoustical Assessment for the High Tech High University Park,
dated October 30, 2007 a copy of which is available for review at the Planning and Building
Department. The results of this analysis are summarized below.
Noise Standards
The acoustical analysis assessed the project with respect to the regulations contained in
Chapter 19.68, Perfol1I1ance Standards and Noise Control, of the Chula Vista Municipal
Code (noise control ordinance) and the noise element of the Chula Yista General Plan.
Pursuant to the noise control ordinance, no person shall operate, or cause to be operated, any
source of sound at any location within the city or allow the creation of any noise on property
owned, leased, occupied, or otherwise controlled by such person which exceeds the
established noise level limits (CYMC S 19.68.030(A)(4)). The noise level limits of the noise
control ordinance vary by receiving land use category and time of day (daytime versus
nighttime). Per Section 19.68.030 (B)(4) of the noise control ordinance, if the ambient noise
level exceeds the established noise level limit, then the allowable noise exposure standard
shall be the ambient noise level. The existing and potential future noise-sensitive uses
adjacent to the project site potentially affected by project-generated noise consist of single-,
and multi-family residential units to the north.
For the evaluation of potential off-site receivers due to on-site noise sources, the City noise
ordinance allows the facility to make hourly average noise levels of up to 55 dBA Leq (60
dBA Leq for multi-family) or the ambient, whichever is higher, during the daytime hours at
the residential property line. When evaluating the potential noise impacts to on-site receivers
due to off-site sources (i.e., traffic), for this project the City has specified a land use
compatibility noise standard of 65 community noise equivalent level (CNEL) for on-site
outdoor use areas and 70 CNEL for the outdoor activity court (basketball court).
Existing Conditions
Ambient noise levels were measured during daytime hours at three locations in order to
ascertain the typical worst-case existing sound levels. The hourly average sound level (Leq)
recorded over the monitoring period ranged from 68.3 dBA Leq near the intersection of
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Olympic Parkway and Exploration Falls Drive to 46.9 dBA Leq near the intersection of
Hunte Parkway and Olympic Parkway. By comparison, the existing ambient noise
measurement collected at the project site was 47.5 dBA Leq.
On-Site Noise Levels
Phase I Development
Based on a review of the preliminary site plans for Phase I, the nearest on-site sensitive noise
receptors to Hunte Parkway include the out door activity court (basketball court) and north
facing building fa<yades. As stated in the acoustical assessment, noise levels (under full build
out conditions) noise levels at these locations would be approximately 65.3 dBA CNEL. As
previously stated, the applicable noise threshold for the basketball court area would be 70
dBA CNEL; therefore, noise levels at the basketball court would be consistent with the City
of Chula Vista noise standards and considered less than significant.
The north-facing building facades are also located within the 65 dBA CNEL noise contour
and as such would be subject to applicable requirements of the California Uniform Building
Code (UBC) that establishes a 45 dBA CNEL interior noise threshold for sensitive indoor
receptors. Standard construction practices typically provide an outdoor to indoor attenuation
rate of approximately 20 dBA. As previously discussed, the project would exceed the
standard California Title-24 Energy Code by a minimum of 15 percent. Therefore, interior
noise levels with buildings associated with Phase I development would be reduced to a level
of less than significant though the use of industry standard construction materials and
techniques consistent with the UBC. Compliance with UBC is required for all projects and is
verified through the City's development plan check process prior to issuance of building
permits.
Phase II Development
Preliminary site plans for Phase II are currently not available and the exact building locations
and sensitive outdoor uses such as play areas have not yet been determined. As indicated in
the analysis for Phase I, at 230 feet from the Hunte Parkway roadway centerline, noise levels
would be slightly above 65 dBA CNEL. Therefore, a potently significant impact would
occur if future buildings and/or outdoor use areas were proposed within 230 feet of the
roadway centerline. Prior to the issuance of building design permits for Phase II construction,
the applicant shall be required to prepare, to the satisfaction the Environmental Review
Coordinator, a subsequent acoustical assessment permits to ensure that sensitive outdoor uses
would not be exposed to noise levels exceeding 65 dBA CNEL. This mitigation measure is
included as a part of the Mitigation Monitoring and Reporting Program (See Section F).
Implementation of the mitigation measures contained in Section F of this MND would reduce
potential noise impacts to a level ofless than significant.
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Stationary Noise Sources
Potentially significant stationary noise sources associated with the school operations and
development activities consist of rooftop air conditioners (HV AC) or equipment and school
operations/activities. A summary of the analysis of estimated noise generated by these
stationary sources is as follows:
HVAC/Roofmounted Equipment
The proposed project would require the use of heating, ventilation, and air conditioning units
(HV AC) at the school building, the location, type, number of units, and unit specifications of
which are currently not available. Noise levels from the mechanical equipment would be
minimized by orienting equipment away from any identified sensitive receptors, proper
selection of equipment, shielding, and proper installation. Impacts associated with roof
mounted HV AC equipment are anticipated to be less than significant. However, upon
completion of final site plans including mechanical design, the applicant shall be required to
submit a supplemental noise analyses and mechanical plans for each phase subject to review
the City Environmental Review Coordinator prior to issuance of building permits for each
respective phase.
Upon review of supplemental noise analysis, if it is determined that there are potential noise
impacts created by the HV AC or other mechanical equipment, then applicable mitigation
measures shall be developed to ensure these impacts are reduced to a level of less than
significant. The applicant shall be required to be in compliance with applicable mitigation
measures identified in the updated noise analysis. This mitigation measure is included as a
part of the Mitigation Monitoring and Reporting Program (See Section F).
Public Address (PA) System and Bell Signal System
Typical noise sources generated from school facilities and sports events include public
address systems and bell signal systems that are essential to a school facility. The City of
Chula Vista Noise Ordinance, Section 19.68.050, regulates these signaling devices. Limiting
the operation cycle or sounding of these devices to no more than two minutes continually in
any 60-minute period or intermittent sounding over a five-minute period in any hour.
Currently, the project proposal does not include the use of P A and/or bell system. However,
in the event that such a system is proposed, the applicant shall be required to submit a
supplemental noise analysis based on final site designs and to the satisfaction of the
Environmental Review Coordinator, to verify conformance with Chula Vista Noise
Ordinance, Section 19.68.050.
Upon review of supplemental noise analysis, if it is determined that there are potential noise
impacts created by the P A system or bell signal system, then applicable mitigation measures
shall be developed to ensure these impacts are lessened to a level of less than significant.
The applicant shall be required to be in compliance with applicable mitigation measures
identified in the updated noise analysis. This mitigation measure is contained in Section F
below.
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School Operations/Activities
The acoustical assessment prepared by RBF also included an evaluation of other potential
noise generating operations and/or activates including routine landscape maintenance,
ancillary activities (outdoor activity court, pre-school, adult education, etc.), and parking lot
activities (parking lot traffic, car door slamming, conversations). As detailed in the acoustical
assessment, noise associated with operational activities would not exceed the City's
applicable noise standards; therefore, impacts associated with school operations/activities are
considered less than significant.
Short-term Construction Activities
A variety of noise-generating equipment would be used during the construction phase of the
project. Construction equipment utilized during development may include scrapers dump
trucks, loaders, jackhammers, and concrete mixers, along with others.
Construction activities are exempt from the exterior noise standards specified in Chapter
19.68 as discussed in Section 19.68.060 of the City's Municipal Code. However,
construction noise has the potential to be a nuisance in existing residential areas in the
vicinity of the project site. Pursuant to the Chula Vista Municipal Code Section 17.24.050
(Paragraph J), construction is prohibited Monday through Friday from 10:00 P.M. to 7:00
A.M., and from 10:00 P.M. to 8:00 A.M. on Saturdays and Sundays. Compliance with this
regulation will ensure that construction noise does not cause a significant nuisance noise
impact.
Although construction noise is exempt from the levels specified in Section 19.68.040,
potential construction noise levels were estimated for assessment of potential impacts to on-
site receivers (e.g., classrooms) during the development of Phase II. Cumulative worst-case
levels associated with construction equipment were calculated for the closest sensitive on-site
receptors (i.e., classrooms/school buildings) during the construction of Phase II. The City
does not have fixed operation standards for these types of construction activities, however,
assessment is discussed below.
Noise produced by construction equipment varies substantially, depending upon the type of
equipment being used and its operation and maintenance. Construction noise is generally of
relatively short duration, lasting from a few days to a period of months. Noise impacts
associated with construction activities would typically occur in several distinct phases, each
with its own noise characteristics. The first phase, site preparation, is generally the noisiest
and has the shortest duration. Activities that occur during this phase include earth-moving
and compacting of soils. High noise levels are created during this phase from the operation
of heavy-duty trucks, backhoes, and front-end loaders. The majority of this type of
construction will occur during the development of Phase 1.
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As stated in the acoustical impact report, a reasonable worst-case evaluation assumed that the
three loudest pieces of equipment would operate simultaneously and continuously over at
least one hour within a focused area of 15 yards of each other. The combined sound level of
three of the loudest pieces of equipment (scraper, bulldozer, and heavy truck) is 92 dBA
measured at 50 feet from the noise source. These estimations of noise levels take into account
distance to receptor attenuation, attenuation from molecular absorption, and anomalous
excess attenuation.
Construction activities associated with Phase II development has the potential to adversely
affect noise-sensitive uses such as classrooms and other school buildings. As such, these
noise levels are considered to represent a potentially significant impact. Although the City
does not regulate construction noise during the day it should be noted that if noise levels are
found to be excessive enough to disrupt classroom activities, or impact students or teachers
in the classrooms, onsite temporary noise barriers or other noise abatement measures shall be
implemented on a case-by-case basis to provide adequate attenuation to the affected phased
areas.
The project would be required to limit construction hours, place mufflers on equipment
engines, and orient stationary sources to direct noise away from sensitive uses. These
measures are included as a part of the Mitigation Monitoring and Reporting Program (See
Section F). Thus, construction-related impacts would be less than significant.
T ran s po rta tio nrrraffic
A Traffic Impact Analysis was prepared by Rick Engineering Company (dated May 1,2007)
in order to identify potential traffic impacts associated with the development of the proposed
project. The results ofthe traffic impact analysis are summarized below.
Intersection and Roadwav Segment Analvsis Methodologv
The project driveways, nearby intersections and roadways were analyzed under the following
scenanos:
. Near Term (2010) No Project
. Near Term (2010) with Phase I Project .
. Near Term (2010) with Phase I + Phase II Project
. Long Term (2030) No Project
. Long Term (2030) with Phase I + Phase II Project
The level of service for roadway operations was calculated based on the City's Average
Daily Trip Table for each roadway classification (Table B-1, Page 6 of the City ofChula Vita
Traffic Impact Study Manual).
The level of signalized intersections was calculated using the methodologies described in
Chapter 16 of the 2000 Highway Capacity Manual (HCM). The level if service for signalized
intersections is defined in terms of average control delay, which is made up of a number of
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factors that relate to right-of-way control, geometries, traffic controls, and incidents. The
signalized intersection analysis also takes into account intersection spacing and coordination.
The cycle lengths were optimized to complete the intersection LOS analysis.
Significance Criteria
The City's "Guidelines for Traffic Impact Studies" was utilized for the basis of determining
potential impacts, both project specific or cumulative, to freeway segments, roadway
segments, and intersections.
Existing Conditions
The project site is located on the south side of Hunte Parkway, east of the future extension of
Discovery Falls Drive. Public access to the site will be provided via one driveway off of the
future extension of Discovery Falls Drive. A dedicated emergency access will be provided
off of Hunte Parkway. Currently, all roadway segments and intersections within the study
area operate at an acceptable level of service in accordance with City threshold standards.
Proiect Trip Generation
Phase I of the project would generate 1,100 daily trips with 220 (154 inbound and 66
outbound) trips during the a.m. peak-hour and 110 (44 inbound and 66 outbound) trips during
p.m. peak-hour. The Phase II portion of the project would generate 1,331 daily trips with 416
(250 inbound and 166 outbound) trips during the a.m. peak-hour and 120 (48 inbound and 72
outbound) trips during p.m. peak-hour. The entire project (Phase I + Phase II) would generate
a total of 2,431 daily trips with 636 (404 inbound and 232 outbound) trips during the a.m.
peak-hour and 230 (92 inbound and 138 outbound) trips during p.m. peak-hour.
Near Term (2010) Condition
Based on the information provided in the draft SUHSD Middle School 12/High School 14
traffic impact study prepared by Katz, Okitsu and Associates dated October 2006, turning
movement volumes at some of the study intersections (common intersections with Katz,
Okitsu and Associates traffic study) for Near-Term (2010) Condition were formulated. The
turning movement volumes at the remaining study intersections were based on a comparison
of traffic forecasts from the City's tollway model and traffic forecasts obtained from
Linscott, Law and Greenspan Engineers staff for a freeway. Traffic volumes were
reduced/adjusted to represent future forecasts for the toll condition at the remaining
intersections.
Based on the modeling results for Near-Term (2010) No Project conditions, all of the study
intersections and roadway segments are expected to operate at acceptable levels of service.
Under Near-Term (2010) + Phase I Project Conditions, significant impacts would occur
without improvements to the intersection of Discovery Falls Drive at Hunte Parkway. The
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following intersection improvements are necessary to reduce potential traffic impacts to a
level ofless than significant:
.
Installation of fully activated traffic signals at the intersection of Hunte Parkway at
Discovery Falls.
Install a westbound left turn pocket on Hunte Parkway at Discovery Falls
Install a northbound left turn pocket on Discovery Falls at Hunte Parkway
Install a southbound left turn pocket on Discovery Falls at the Project Driveway
Install a one lane inbound and two lanes outbound at the Project Driveway
.
.
.
.
Similarly, potentially significant impacts associated with Near-Term (2010) with Phase 1 plus
Phase II Project Condition traffic would be mitigated to less than significant with
implementation ofthe following street improvements:
. Install an eastbound right turn pocket on Hunte Parkway at Discovery Falls
. Install one additional lane inbound to have two lanes inbound and two lanes outbound
at the Project Driveway
Long Term (2030) Condition
Based on the modeling results for Long-Term (2030) No Project Condition, all of the study
intersections and roadway segments are expected to operate at acceptable levels of service.
With implementation of the traffic control measures described above, all of the study
intersections and the roadway segments are expected to operate at acceptable levels of
service under Long-Term (2030) plus Project (Phase I + Phase II) Condition.
The mitigation measures described in Section F below would mitigate traffic impacts to a
level ofless than significant.
Proiect Site Access and Circulation
Access to the project will be provided via two access points: a full access driveway that
would connect with the south leg of the Hunte ParkwayIDiscovery Falls intersection
providing full access; and an Emergency Vehicle only access driveway on Hunte Parkway.
The project driveway on Discovery Falls will form a Tee-intersection with Discovery Falls.
Discovery Falls will not be open for traffic operations south of the project driveway under
Near-Term Conditions; therefore, only two turning movements will be provided under near-
term project conditions: Inbound project vehicles turning left into the project driveway from
southbound Discovery Falls; and the outbound project vehicles turning right onto northbound
Discovery Falls from the project driveway. These two movements will be non-conflicting
and do not need traffic control. These two movements will occur simultaneously resulting in
reduced stacking of vehicles at the project access. Under long -term conditions, Discovery
Falls is expected to be open for traffic operations south of the Project Driveway. An all-way
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STOP sign control was assumed to adequately control future traffic movement at this
intersection.
At the intersection of Discovery Falls and the Project Driveway, two right turn lanes are
required to sufficiently accommodate the project vehicles turning right onto northbound
Discovery Falls for Phase I buildout. The southbound Discovery Falls approach at this
intersection would be provided with one lane striped as a left turn only lane to accommodate
the project vehicles turning left into the driveway with one receiving lane on the project
driveway under Phase I buildout. An additional left turn lane will be provided along
southbound Discovery Falls approach at this intersection with an additional receiving lane on
the project driveway to accommodate the increased number of project vehicles with Phase II
buildout.
At the intersection of Hunte Parkway and Discovery Falls, there would be a considerable
number of project vehicles (335 vehicles during the AM peak) turning right onto southbound
Discovery Falls from eastbound Hunte Parkway during the school peak hours. The
intersection level of service calculations show that the intersection of Hunte Parkway and
Discovery Falls is expected to operate acceptably under Near-Term (2010) with Phase I plus
Phase II Project and Long-Term (2030) with Project Conditions. However, to reduce the
potential queuing issues, an exclusive right turn lane for the eastbound Hunte Parkway
approach would be required. In addition, overlap phasing for the eastbound right turn
movements are also required to allow for simulations movement to occur with the
northbound left turn movement, thereby reducing potential queuing impacts for the
eastbound right turn movement.
Drop-ojJ1Pick-up Areas
Based on the proposed site plan, there is a drop-offlpick-up area located on the eastern side
of the project site. This drop-off/pick-up area would take access from the driveway at
Discovery Falls. The project traffic in the drop-offlpick-up area will circulate in a one-way
counterclockwise fashion in which cars park curbside to drop-off students. Based on the
preliminary site plan, the one-way circular travel way has a total width of 30 feet with
approximately 200 feet of storage. Additionally, a 10-foot wide passenger drop offlpick up
lane and a 20-foot travel way, which includes a fire lane, is provided. Parking should be
prohibited within the inside curb lane of the travel way to allow for fire/emergency vehicle
access. An attendant should be present during the peak drop-off /pick-up periods to keep
circulation flowing in a safe manner and to ensure fire/emergency lane is not constricted or
blocked. Lastly, to discourage mid-block pedestrian crossing on Discovery Falls, parking and
stopping must be prohibited on both sides of Discovery Falls and Hunte Parkway in the
vicinity of the project site.
The mitigation measures contained in Section F below would mitigate potential impacts to
queuing and pedestrian safety to a level of less than significance. These measures are
included as a part of the Mitigation Monitoring and Reporting Program.
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Parking
The City of Chula Vista Municipal Code requires I parking space per teacher or employee
plus 5 parking stalls for visitors for K_9th grades, and 1 parking space per 4 students for 10th
- 12th grades. In accordance with the City's parking standards for educational facilities, the
project would be required to provide 164 based on the following:
.
K_Sth grade (47 employees): 47 spaces (\ space per employee) + 5 spaces = 52 spaces
9"' grade (7 employees): 7 spaces (\ space per employee) + 5 spaces = 12 spaces
10"' - Ith grade (400 students): I space for every 4 students = 100 spaces
Total Requirement: 164 spaces.
.
.
.
The proposed project will provide a total of 164 parking spaces. Phase I and Phase II will
have 112 and 52 spaces, respectively. Therefore, the proposed parking supply (164 spaces)
will satisfy the on-site parking requirement (164 spaces) in accordance with City parking
standards. Therefore, no significant parking impacts will result from the proposed project.
F. Mitigation Necessarv to Avoid Significant Impacts
The mitigation measures detailed below would mitigate potentiallv significant effects on the
environmental to a level ofless than significant. These measures have been incorporated into
the proiect's Mitigation Monitoring and Reporting Program (MMRP) provided as
Attachment "A" to this report.
Air Qualitv
I. The following air quality mItIgation requirements shall be shown on all applicable
grading, and building plans as details, notes, or as otherwise appropriate, and shall not be
deviated from unless approved in advance in writing by the City's Environmental Review
Coordinator:
a) Minimize simultaneous operation of multiple construction equipment units;
b) Use low pollutant-emitting construction equipment;
c) Use electrical construction equipment as practical;
d) Use catalytic reduction for gasoline-powered equipment;
e) Use injection-timing retard for diesel-powered equipment;
f) Water the construction area a minimum of three times daily to minimize fugitive dust;
g) Stabilize graded areas as quickly as possible to minimize fugitive dust;
h) Pave permanent roads at the direction of the Environmental Review Coordinator or City
Engineer to minimize dust;
i) Use electricity from power poles instead of temporary generators during building, if
available;
j) Apply stabilizer or pave the last 100 feet of internal travel path within a construction site
prior to public road entry;
k) Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads;
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I) Remove any visible track-out into traveled public streets within 30 minutes of
occurrence;
m) Wet wash the construction access point at the end of each workday if any vehicle travel
on unpaved surfaces has occurred;
n) Provide sufficient perimeter erosion control to prevent washout of silty material onto
public roads;
0) Cover haul trucks or maintain at !east 12 inches of freeboard to reduce blow-off during
hauling; and
p) Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 miles per
hour.
Biological Resources
2. Prior to issuance of land development permits, including clearing or grubbing and
grading permits, following notes shall be included on the respective plans to the
satisfaction of the Environmental Review Coordinator:
"To avoid any direct and indirect impacts to raptors and/or any migratory birds,
removal of habitat that may support active nests should occur outside of the
breeding season for these species (January 15 to August 15). In addition
construction activities adjacent to nesting habitat should also occur outside of the
breeding season for these species. If the removal of habitat and/or construction
activities adjacent to nesting habitat must occur during the breeding season, the
applicant shall retain a City-approved biologist to conduct a pre-construction
survey to determine the presence or absence of nesting birds on or within 300 feet
of the construction area and nesting raptors within 500 feet of the construction
area. The pre-construction survey must be conducted within 10 calendar days prior
to the start of construction, the results of which must be submitted to the City for
review and approval prior to initiating any construction activities. If nesting birds
are detected by the City-approved biologist, a biological monitor shall be present
on site during construction to minimize construction impacts and ensure that no
nest is removed or disturbed until all young have fledged."
"To ensure that no direct or indirect imvacts to nestin!!. burrowin!!. owls occur
durin!!. construction, construction activities within the area of votential effect for
nesting habitat should occur outside of the burrowin!!. owl's breedin!!. season (Avril
15 to Julv 31), or sooner if a Qualified biolof!ist demonstrates to the satisfaction of
the Wildlife A!!.encies that all nestin!!. is comvlete. If construction must occur during
the breedin!!. season, pre-construction survevs (in accordance with accepted survev
protocols) must be performed bv a Citv-avvroved biolo!!.ist to determine the
vresence or absence of active burrows/nests within all suitable habitat vrior to the
initiation of construction-related activities. The vre-construction survevs must be
conducted within 10 calendar davs vrior to the start of construction, and results
submitted to the Citv for review and avvroval prior to initiatin!!. anv construction
activities.
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If burrowin" owls are detected, a miti"ation plan shall be vrepared bv a Citv-
aooroved bioloEist and submitted to the Citv for review and aOTJYoval. The
aoolicant shall imolement the miti"ation olan to the satisfaction of the City to
ensure that disturbance of breedin" activities is reduced to a level less than
si"nificant. Construction setbacks of 300 feet from occupied burrows or artificial
nests (e."., inside construction debris Diles or pipes) shall be implemented until the
voun" are comoletelv indeoendent of the nest. A bio-monitor must be on site durin"
construction until all voun" have f/ed"ed to minimize construction imoacts and
ensure that no nests are removed or disturbed and no nestin" activities are
disruoted. I( an active burrow is found outside of the breedin" season, or arier an
active nest is determined to no lon"er be active bv a Qualified biolo"ist, the
burrow in" owl will be relocated in coordination with the Wildlife A"encies. "
In addition. prior to issuance of land development permits. including clearing or grubbing
and grading permits.. the applicant shall be required to provide written proof to the
satisfaction of the Environmental Review Coordinator that a qualified biological monitor
has been retained to fully implement the scope and intent of the aboye stated mitigation
measure.
3. Prior to issuance of land development permits, including clearing or grubbing and
grading permits, the applicant shall verify, to the satisfaction of the Environmental
Review Coordinator, that the landscaping plans for the proposed borrow area include a
hydroseed seed composition consistent with the with the adjacent vegetation communities
and that will not indirectly impact sensitive biological resources associated with the
City's Preserve located approximately 3,000 feet to the southeast.
Exotic plant species not to be used during the preparation of the proiect's landscape plans
include those species on the California Invasive Plant Council's (Cal-IPC) Invasive Plant
Inventorv. This list includes such species as pepper trees. pampas grass. fountain grass.
ice plant. myoporum. black locust. capeweed. tree of heaven. periwinkle. sweet alyssum.
English ivy. French broom, Scotch broom. and Spanish broom. A COpy of the complete
list can be obtained from the Cal-IPC website at http://www.cal-ipc.org. In addition.
landscaping adiacent to preserve areas will not use plants that require intensive irrigation.
fertilizers. or pesticides.
Cultural Resources
4. Prior to issuance of land development permits, including clearing or grubbing and
grading permits, the applicant shall provide confirmation and incorporate into grading
plans, to the satisfaction of the Environmental Review Coordinator, that an archeological
monitor will be present during all cutting of previously undisturbed soil. Should any
resources be identified during grading operations, the location of the discovery will be
secured, to the satisfaction of the Environmental Review Coordinator, from any further
disturbance. The City shall be notified and the discovery will be evaluated for
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significance; if found to be significant, a data recovery plan shall be prepared to the
satisfaction of the City's Environmental Review Coordinator.
Paleontological Resources
5. Prior to issuance of land development permits, including clearing or grubbing and
grading permits, the applicant shall incorporate into grading plans to the satisfaction of
the City Engineer and Environmental Review Coordinator, the following:
"Prior to issuance of any grading permits, the applicant shall confirm to the City of
Chula Vista that a qualified paleontologist has been retained to carry out the following
mitigation program. The paleontologist shall attend pregrade meetings to consult with
grading and excavation contractors. (A qualified paleontologist is defined as an
individual with a M.S. or Ph.D. in paleontology or geology who is familiar with
paleontological procedures and techniques.)
A paleontological monitor shall be on-site at all times during the original cutting of
previously undisturbed sediments of highly sensitive geologic formations (Otay
Formations) to inspect cuts for contained fossils. The paleontological monitor shall work
under the direction of a qualified paleontologist. (A paleontological monitor is defined
as an individual who has experience in the collection and salvage of fossil materials.)
In the event that fossils are discovered in unknown sensitive formations, it may be
necessary to increase the per-day field monitoring time. Conversely, if fossils are not
discovered, the monitoring should be reduced.
When fossils are discovered, the paleontologist (or paleontological monitor) shall
recover them. In instances where recovery requires an extended salvage time, the
paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert,
or halt grading to allow recovery of fossil remains in a timely manner. Where deemed
appropriate by the paleontologist (or paleontological monitor), a screen-washing
operation for small fossil remains shall be set up.
Prepared fossils, along with copies of all pertinent field notes, photographs, and maps,
shall be deposited (with the applicant's permission) in a scientific institution with
paleontological collections such as the San Diego Natural History Museum. A final
summary report shall be completed which outlines the results of the mitigation program.
This report shall include discussion of the methods used, stratigraphy exposed, fossils
collected, and significance of recovered fossils. "
Geologv and Soils
6. Prior to issuance of land development permits, including clearing or grubbing and
grading permits, the applicant shall verify that the applicable recommendations of the
preliminary geoteclmical investigations for High Tech High prepared by Geocon
(February 13, 2007) have been incorporated into the project design and construction
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documents to the satisfaction of the City Engineer. Recommendations to be implemented
include, but are not limited to:
. Grading plans shall indicate that excavations within the sandstone-mudstone
member of the Otay Formation will encounter bentonite layer or zones with
bentonite rich materials. These materials are highly expansive and should be
placed in deeper fill areas and a least 10 feet below proposed finish grade
elevations.
Grading plans shall indicate that cut pads that expose claystone or bentonite
materials should be under cut to completely remove the expansive soils. If the
bentonite or claystone layers are relatively thin and can be completely removed
in the upper I to 3 feet, then the depth of undercut should be at least 3 feet.
Where expansive materials extend deeper that 3 feet, the undercuts should be at
least 5 feet below proposed [mish pad grade elevations. After the over-
excavations have been performed, the area should be brought back to design
subgrade elevations with properly compacted low expansive granular soils.
Grading plans shall indicate that, in order to reduce the potential for differential
settlement, the cut portion of cut-fill transition pad (future ERC Finish Floor
547) should be undercut to a depth of at least 3 feet and replaced with
compacted, low expansive (El less that 50) fill soils. The main high school
building, approximately 425 feet in length, will be underlain by approximately 0
to 70 feet of fill. The cut portion of this building should be undercut at least 5
feet at the north end (FF 547) and the undercut should be increased to 10 feet at
a distance of approximately 75 feet from the north end (FF 548). Over-
excavations should be cut at a gradient of I percent toward the street or toward
the deepest fill area to provide drainage for moisture along the contact between
formational material and compacted fill.
Grading plans shall indicate that, where practical, the upper 3 feet of building
pads (cut or fill) and 12 inches in pavement areas should consist off properly
compacted low (EI less that 50) expansive granular soils. Highly expansive
material should be placed in deeper fill areas and properly compacted.
Grading and building plans shall indicate that under no circumstances should
water be allowed to pond adjacent to footings. The building pads should be
properly finish graded after the buildings and other improvements are in place
so that drainage water is directed away from foundations, pavements, concrete
slabs, and slope tops to controlled drainage devices.
Landscape Plans shall incorporate drought-tolerant vegetation having variable
root depths and requiring minimal landscape irrigation along all slope areas.
.
.
.
.
.
Hvdrologv and Water Oualitv
7. Prior to issuance of land development permits, including clearing or grubbing and
grading permits, a final drainage study shall be required in conjunction with the
preparation of final grading plans and must demonstrate that the post-development peak
flow rate does not exceed the pre-development flows as indicated in the Preliminary
High Tech High University Park
Case Number: IS-07.0/4
Page 37
7-52
Drainage Study, RBF September II, 2007, and to the satisfaction of the City Engineer.
Additionally, the City Engineer shall verify that the final grading plans comply with the
provisions of California Regional Water Quality Control Board, San Diego Region Order
No. 2001-01 with respect to construction-related water quality best management
practices. If one or more of the approved post-construction BMPs is non-structural, then
a post-construction BMP plan shall be prepared to the satisfaction of the City Engineer
prior to the commencement of construction. Compliance with said plan shall become a
permanent requirement of the Mitigation Monitoring and Reporting Program.
8. Prior to issuance of each grading permit, the project applicant shall obtain an NPDES
Permit for Construction Activity from SWRCB. Adherence to all conditions of the
General Permit for Construction Activity is required. The applicant shall be required
under the SWRCB General Construction Permit to develop a SWPPP and a Monitoring
program Plan. The SWPPP shall specify both construction and post-construction
structural and non-structural pollution prevention measures. The SWPPP shall also
address operation and maintenance of post-construction pollution prevention measures,
including short-term and long-term funding sources and the party or parties that will be
responsible for the implementation of said measures.
9. Prior to the issuance of each grading pennit, the applicant must provide to the satisfaction
of the City Engineer verification that a complete and accurate Notice-of- Intent (N0l) has
been filed with the SWRCB. A copy of the acknowledgement from the SWRCB that a
NOl has been received for this project shall be filed with the City of Chula Vista when
received. Further, a copy of the completed Nor from the SWRCB showing the Permit
Number for this project shall be filed with the City ofChula Vista when received.
10. Permanent Treatment, Site Design, and Source Control BMPs shall be included as part of
the project in accordance with the City of Chula Vista SUSMP requirements and the
Water Quality Technical Report for the High Tech High (RBF Consulting, August 10,
2007).
II. Prior to issuance of land development permits, including clearing or grubbing and
grading permits, a maintenance plan for temporary erosion control facilities shall be
established by the applicant to the satisfaction of the City Engineer. The applicant shall
be responsible for implementing, monitoring, and maintaining the required BMPs to
ensure that the measures are working properly, until the construction area has been
permanently stabilized. This will typically involve inspection, cleaning, repair operations
being conducted after runoff-producing rainfall.
12. After construction, energy dissipating structures (e.g. detention ponds, riprap, or drop
structures) as deemed necessary by a hydrologic or engineering consultant shall be used
at storm drain outlets, drainage crossings, and/or downstream of all culverts, pipe outlets,
and brow ditches to reduce velocity and prevent erosion to the satisfaction of the City
Engineer.
High Tech High University Park
Case Number: 15-07-014
Page 38
7-53
Transportation/Traffic
13. Prior to the approval of site improvement plans for Phase I construction, the applicant
shall enter into an agreement with the City to design, bond, and construct, to the
satisfaction of the City Engineer, a fully actuated traffic signal including conduit, wiring,
mast arms, signal heads, a controller and associated equipment, underground
improvements, standards, and luminaries at the Hunte ParkwayIDiscovery Falls Drive
intersection. Design of the intersection shall include, to the satisfaction of the City
Engineer, the following roadway improvements:
.
Westbound left turn pocket on Hunte Parkway at Discovery Falls
I:ffial Northbound left turn pocket!! on Discovery Falls at Hunte Parkway
.
Driveway Entrance shall include:
.
Southbound left turn pocket on Discovery Falls at the Project Driveway
One lane inbound and two lanes outbound at the Project Driveway
.
14. Prior to the approval of site improvement plans for Phase II construction, the applicant
shall enter into an agreement with the City to design, bond, and construct, to the
satisfaction of the City Engineer, the following roadway improvements:
. Eastbound right turn pocket on Hunte Parkway at Discovery Falls
. One additional inbound lane constructed/striped at the Project Driveway.
15. Prior to approval of building permits for Phase I and Phase II construction, the applicant
shall submit a detailed Signage and Striping Plan, to the satisfaction for the City
Engineer, identifying the location offire lanes, appropriate advance school warning signs,
crosswalk locations, drop-offi'pick-up locations, and lane configurations (including
appropriate storage lengths) consistent with the recommendations contained in the High
Tech High Traffic Impact Analysis (Rick Engineering Company, May 1, 2007).
Noise
16. Prior to Grading Permit issuance, the Applicant shall demonstrate to the satisfaction of
the City Environmental Review Coordinator that the project complies with the following:
.
All construction equipment, fixed or mobile, shall be equipped with properly
operating and maintained mufflers;
Construction noise reduction methods such as shutting off idling equipment,
installing temporary acoustic barriers around stationary construction noise
sources, maximizing the distance between construction equipment staging areas
and occupied residential areas, and use of electric air compressors and similar
power tools, rather than diesel equipment, shall be used where feasible;
.
High Tech High University Park
Case Number: IS-07-014
Page 39
7-54
. During construction, stationary construction equipment shall be placed such that
emitted noise is directed away from or shielded from sensitive noise receivers;
. During construction, stockpiling and vehicle staging areas shall be located as far
as practical from noise sensitive receptors;
. Operate earthmoving equipment on the construction site, as far away from
vibration sensitive sites as possible; and
. The project shall be in compliance with Section 17.24.050.J of the City's
Municipal Code which regulates construction hours. Construction hours,
allowable workdays and the phone number of the job superintendent shall be
clearly posted at all construction entrances to allow for surrounding property
owners and residents to contact the job superintendent. In the event the City
receives a complaint, appropriate corrective actions shall be implemented and a
report the action taken to the reporting party.
17. Prior to the issuance of building design permits for Phase II construction, the applicant
shall be required to prepare, to the satisfaction the Environmental Review Coordinator, a
subsequent acoustical assessment permits to ensure that sensitive outdoor uses would not
be exposed to noise levels exceeding the City's 65 dBA CNEL standard.
18. Prior to the approval of design review permits for each phase of development, and upon
completion of mechanical design for the HV AC and roof-mounted equipment, the
Applicant shall be required to submit a subsequent noise analyses and mechanical plans
to the satisfaction of the Environmental Review Coordinator to ensure that noise levels
from the equipment will not exceed the City ofChula Vista's Noise Ordinance Standards
for sensitive noise receptors (i.e., 55 dBA Leq or 60 dBA Leq for multi-family). Upon
review of the additional noise analysis, if it is determined that there are potential noise
impacts created by the HV AC units and/or other roof-mounted equipment, then
applicable design measures shall be incorporated into the project's development plans to
ensure that project generated noise levels are consistent with the City's noise standards.
High Tech High University Park
Case Number: IS-07-014
Page 40
7-55
G. Agreement to Implement Mitigation Measures
By signing the line(s) provided below, the Applicant stipulate that they have read, understood
and have their respective company's authority to and do agree to the mitigation measures
contained herein, and will implement same to the satisfaction of the Environmental Review
Coordinator. Failure to sign the line(s) provided below prior to posting of this Mitigated
Negative Declaration with the County Clerk shall indicate the Applicant's and Operator's
desire that the Project be held in abeyance without approval and that the Applicant and
Operator shall apply for an Environmental Impact Report.
\Tee.;{ W.qllttL-t:, COO
Printed Name and Title of Applicant
(or authorized representative)
\?-/IO/ot
Date
Date
N/A
Printed Name and Title of Operator
(if different from Applicant)
Date
N/A
Signature of Operator
(if different from Applicant)
Date
H. Consultation
1. Individuals and Organizations
City of Chula Vista:
Scott Donaghe, Plarming and Building Department
Marisa Lundstedt, PI arming and Building Department
Rick Rosaler, Planning and Building Department
Steve Power, Planning and Building Department
Josie McNeeley, Planning and Building Department
Silvester Evetovich, Engineering Division
High Tech High University Park
Case Number: IS-07-0I4
Page 41
7-56
Jim Newton, Engineering Division
David Kaplan, Engineering Division
Tom Adler, Engineering Division
Mario Ingrasci, Engineering Division
Justin Gipson, Fire Department
Others:
RECON Environmental, Inc.
2. Documents
The following documents were used, referenced, or relied on in preparing this MND, and
the documents are available for public review and inspection at the City of Chula Vista
Planning and Building Department, 276 Fourth Avenue, Chula Vista, California, and are
incorporated by reference in this MND:
. City ofChula Vista General Plan Update, 2005.
. Final Environmental Impact Report, City of Chula Vista General Plan Update,
EIR No. 05-01, December 2005.
. City ofChula Vista MSCP Subarea Plan, February 2003.
. Final Environmental Impact Report, Otay Ranch Village 2, 3, and a Portion of
Village 4 Sectional Planning Area, EIR No. 02-02.
. Final Environmental Impact Report, Otay Ranch Village II Sectional Planning
Area, EIR No. 01-01.
. Otay Ranch Resource Management Plan, Phase II, 1996.
. Guidelines for Traffic Impact Studies in the City ofChula Vista, 2001.
. Geotechnical Investigation for High Tech High, GEOCON, February 13, 2007.
. Biological Resources Report and Impacts Analysis for High Tech High University
Park Campus, Dudek and Associates, May 2007.
. Phase I Environmental Site Assessment for High Tech High University Park,
Dudek and Associates, May 2007.
. Archeological Assessment for the High Tech High Chula Vista Project, Brian F.
Smith and Associates, April II, 2007.
. Water Study Technical Memorandum, RBF, April 19, 2007.
. High Tech High University Park Traffic Impact Analysis, Rick Engineering, May
1,2007.
. Phase II Environmental Site Assessment for High Tech High, Dudek and
Associates, August 2007.
. Drainage Report for High Tech High, RBF, August 10,2007.
. High Tech High Steep Slope Review, RBF, September 6,2007.
. Water Quality Technical Report for High Tech High, RBF, September II, 2007.
High Tech High University Park
Case Number: IS-07-0l4
Page 42
7-57
. Air Quality Assessment for High Tech High University Park, REF, September 19,
2007 and Supplement Letter dated October 3,2007.
. Preliminary Sewer Report, RBF, October 16, 2007.
. Acoustical Assessment for high Tech High University Park, REF, October 31,
2007
3. Initial Studv
This environmental determination is based on the attached Initial Study, any conunents
received on the Initial Study and any comments received during the public review period
for this Mitigated Negative Declaration. The report reflects the independent judgment of
the City of Chula Vista. Further information regarding the environmental review of this
project is available from the Chula Vista Planning and Building Department, 276 Fourth
Avenue, Chula Vista, CA 91910.
Date:
(Z~r/or
J:\Planning\GLaube\Otay Ranch\High Tech High\M:ND\Final\FfNAL_IS-07-014_MND _, 2-11-07.doc
High Tech High University Park
Case Number: 15-07-014
Page 43
7-58
ATTACHMENT "A"
MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
HIGH TECH HIGH UNIVERSITY PARK (lS-07-014)
This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista
in conjunction with the proposed High Tech High University Park project. The proposed project
has been evaluated in an Initial Study/Mitigated Negative Declaration (IS-07-014) prepared in
accordance with the California Environmental Quality Act (CEQA) and City/State CEQA
Guidelines. The legislation requires public agencies to ensure that adequate mitigation measures
are implemented and monitored for Mitigated Negative Declarations.
AB 3180 requires monitoring of potentially significant and/or significant environmental impacts.
The Mitigation Monitoring and Reporting Program for this project ensures adequate
implementation of mitigation for the following potential impacts(s):
1. Air Quality
2. Biological Resources
3. Cultural Resources
4. Paleontological Resources
5. Geology/Soils
6. Hydrology and Water Quality
7. Noise
8. Traffic
MONITORING PROGRAM
Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators
shall be the Environmental Review Coordinator and City Engineer of the City of Chula Vista.
The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and
Reporting Program are met to the satisfaction of the Environmental Review Coordinator and
City Engineer. The applicant shall provide evidence in written form confirming compliance with
the mitigation measures specified in Mitigated Negative Declaration IS-07-014 to the
Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator
and City Engineer will thus provide the ultimate verification that the mitigation measures have
been accomplished.
Exhibit I, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures
contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative
Declaration IS-07 -014, which will be implemented as part of the project. In order to determine if
the applicant has implemented the measure, the method and timing of verification are identified,
along with the City department or agency responsible for monitoring/verifying that the applicant
has completed each mitigation measure. Space for the signature of the verifying person and the
date of inspection is provided in the last column.
J:\Planning\GLaube\Otay Ranch\High Tech High\MND\lS-07-0147MMRPtexcdoc
7-59
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MITIGATION MONITORING AND REPORTING PROGRAM
Hi h Tech.Hiah University Park (15-07-014\
Mitigation Method of Timing of Responsible Completed
Measure Mitigation Measures Verification Verification Party Comments
No.
T.M I Pre 'I'ourlng -I Post : Inltl.als I Oate
Const. Const.- Cost.
AIR QUALITY ..
\. Plan Check & X X X Project
The following air quality mitigation requirements shall be shown on all Routine Site Applicant! City
applicable grading, and building plans as details, notes, or as otherwise Inspection Engineering
appropriate, and shall not be deviated from unless approved in advance in DepartmentlGen
writing by the City's Environmental Review Coordinator: eral Services
,) Minimize simultaneous operation of multiple construction equipment Department!
units;
b) Use low pollutant-emiuing construction equipment; City Planning
and Building
0) Use electrical construction equipment as practical; Department
d) Use catalytic reduction for gasoline-powered equipment;
oj Use injection-timing retard for diesel-powered equipment;
0 Water the construction area a minimum of three times daily to
minimize fugitive dust;
g) Stabilize graded areas as quickly as possible to minimize fugitive
dust;
h) Pave permanent roads at the direction of the Environmental Review
Coordinator or City Engineer to minimize dust;
i) Use electricity from power poles instead of temporary generators
during building, if available;
j) Apply stabilizer or pave the last 100 feet of internal travel path
within a construction site prior to public road entry;
k) Install wheel washers adjacent to a paved apron prior to vehicle entry
on public roads;
I) Remove any visible track-out into traveled public streets within 30
minutes of occurrence;
m) Wet wash the construction access point at the end of each workday if
any vehicle travel on unpaved surfaces has occurred;
0) Provide sufficient perimeter erosion control to prevent washout of
silty material onto public roads;
0) Cover haul trucks or maintain at least 12 inches of freeboard to
reduce blow-off during hauling; and
p) Suspend all soil disturbance and travel on unpaved surfaces if winds
exceed 25 miles per hour.
EXHIBIT 1: 12111//07
MITIGATION MONITORING AND REPORTING PROGRAM
Hi h Tech Hiah Universitv Park 115.07 -014)
Mitigation
Measure
No.
MItigation Measures
2
BIOLOGICAL RESOURCES
Prior to issuance of land development permits, including
clearing or grubbing and grading permits, the following
notes shall be included on the respective plans to the
satisfaction of the Environmental Review Coordinator:
"To avoid any direct and indirect impacts to raplors
and/or any migratory birds, removal of habitat that may
support active nests should occur outside of the breeding
season for these species (January 15 to August 15). In
addition construction activities adjacent to nesting habitat
should also occur outside of the breeding season for these
species. If the removal of habitat and/or construction
activities adjacent to nesting habitat must occur during the
breeding season, the applicant shall retain a City-approved
biologist to conduct a pre-construction survey to determine
the presence or absence of nesting birds on or within 300
feet of the construction area and nesting raptors within 500
feet of the construction area. The pre-construction survey
must be conducted within 10 calendar days prior to the
start of construction, the results of which must be submitted
to the City for review and approval prior to initiating any
construction activities. If nesting birds are detected by the
City-approved biologist, a biological monitor shall be
present on site during construction to minimize
construction impacts and ensure that no nest is removed or
disturbed until all young have fledged."
"To ensure that no direct or indirect imvacts to nestine
burrowing owls occur durin!! construction. construction
activities within the area of votentia/ effect for nestinrz
habitat should occur outside of the burrowim! owl's
breedim! season (Avril 15 to Julv 31) or sooner if a
aualified bi%!!ist demonstrates to the satisfaction of the
Wildlife Af!encies that all nestinrz is comv/ete. If
construction must occur durinf! the breedim! season.
Dre-construction surveYS (in accordance with accevted
surve') nrotoco/s l must be ner{ormed b" a Citv-aDDroved
-.j
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EXHIBIT 1: 12/J 1/107
Method of
Verification
Plan Check /
Site Inspection
by a qualified
Biologist
Timing of
Verification
T.M I p" I During I
Const. Const.
x
x
Post
Cost.
Responsible
Party
Project
Applicant! I
City Planning
and Building
Department
Completed
Comments
Initials I
Date
MITIGATION MO~ITORINGAND REPORT;ING PROGRAM
Hi h Tech"HiahUnlversitv Park 0$-07;014)
Mitigation Method of Timing of Responsible Completed
Measure Mitigation Measures Verification Verification Party Comments
No.
I p" I During I Post Initials I Date
T.M Const. Const. Cost.
......
I
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...,
biolOf!ist to determine the oresence or absence of active
burrows/nests within all suitable habitat Drior to the
initiation of construction-related activities. The ore-
construction surveYS must be conducted within 10
calendar days arior to the start of construction. and
results submitted to the City for review and aDvrova[
Drior to initiatinf! any construction activities.
If burrowim! owls are detected. a mitif!ation plan shall
be DreDared bv a Citv-QDDrOved bia/orris! and submitted
to the Citv for review and avvroval. The aDDlicant shall
imvlement the mitif!ation vlan to the satisfaction of the
eitv to ensure that disturbance of breedinf! activities is
reduced to a level less than sif!nificant. Construction
setbacks of 300 feet from occuvied burrows or artificial
nests fe.e. inside construction debris viles or vives)
shall be imvlemented until the vounf! are comoletelv
indeoendent of the nest. A bio-monitor must be on site
durinf! construction until all vounf! have fled~ed to
minimize construction imvacts and ensure that no nests
are removed or disturbed and no nestim! activities are
disruoted. If an active burrow is found outside of the
breedine season. or after an active nest is determined to
no loneer be active bv a aualified biolo~ist the
burrowinf! owl will be relocated in coordination with the
Wildlife Af!encies.
In addition. OTlOf to issuance of land develooment
oermits. includinl! clearinl! or I!rubbinl! and I!radinl!
oermits the aoolicant shall be reauired to orovide
written oroof to the satisfaction of the Environmental
Review Coordinator that a Qualified biological monitor
has been retained to fullv imolement the scone and
intent of the above stated mitil!ation measure.
EXHIBIT 1: 12/lI//07
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MITIGATION MONITORING AND REPORTING PROGRAM
Hi h Tech Hioh Unlversitv Park 115'07-014) .
MItigation Method of Timing of Responsible Completed
Measure Mitigation Measures Comments
No. Verification Verification Party
I "co I During. I Post InitIals I
T.M Canst. Const. Cost. Date
). Prior to issuance of land development permits, including Plan Check / X X Project
clearing or grubbing and grading permits, the applicant Site Inspection Applicant! CIty
shall verify, to the satisfaction of the Environmental Engineering
Review Coordinator, that the landscaping plans for the bya qualified Department!
biologist City Planning
proposed borrow area include a hydroseed seed and Building
composition consistent with the with the adjacent Department
vegetation communities and that will not indirectly impact
sensitive biological resources associated with the City's
Preserve located approximately 3,000 feet to the southeast.
Exotic plant soecies not to be used during the
preparation of the oroiect's landscaoe olans include
those soecies on the California Invasive Plant
Council's (Cal-IPC) Invasive Plant Inventorv. This
list includes such species as oeooer trees. pampas
grass. fountain grass. ice plant. mvoporum. black
locust. capeweed. tree of heaven. periwinkle. sweet
alvssum. English iVY. French broom. Scotch
broom. and Spanish broom. A cOPV of the
complete list can be obtained from the Cal-IPC
website at htto://www.cal-ipc.org. In addition.
landscaping adiacent to preserve areas will not use
plants that require intensive irrigation. fertilizers.
or nesticides.
CULTURAL RESOURCES
4. Prior to issuance ofland development permits, including Plan Check / X X X Project
clearing or grubbing and grading permits, the applicant Site Inspection Applicant! City
shall provide confirmation and incorporate into grading bya qualified Engineering
plans, to the satisfaction of the Environmental Review archeological Department!
Coordinator, that an archeological monitor will be present monitor City PlatUling
during all cutting of previously undisturbed soil. Should and Building
any resources be identified during grading operations, the Department
location of the discovery will be secured, to the satisfaction
of the Environmental Review Coordinator, from any
further disturbance. The City shaH be notified and the
discovery will be evaluated for siPllificance; if found to be
EXHIBIT 1: 12/11//07
MITIGATION MONITORING AND REPORTING PROGRAM
Hiah Tech Hiah Universitv Park 08.07-014)
PALEONTOLOGICAL RES()!fIJ.Cist'.~;Y(;1'i2.~ ~ 1">"sitfl'c~,
Prior to issuance of land development permits, including clearing
or grubbing and grading permits, the applicant shall incorporate
into grading plans to the satisfaction of the City Engineer and
Environmental Review Coordinator, the following:
"Prior to issuance of any grading permits. the applicant shall
confirm to the City of Chu/a Vista that a qualified paleontologist
has been retained /0 carry OuI the following mitigation program.
The paleontologist shall attend pregrade meetings to consult with
grading and excavation contractors. (A qualified paleontologist is
defined as an individual with a M.S. or Ph.D. in paleontology or
geology who is familiar with paleontological procedures and
techniques.).
MItigation
Measure
No.
Mitigation Measures
significant, a data recovery plan shall be prepared to the
satisfaction of the City's Environmental Review
Coordinator.
5.
......
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A paleontological monitor shall be on-site at all times during the
original cUl/ing of previously undisturbed sediments of highly
sensitive geologic formations (Otay Formations) to inspect cuts
for contained fossils. The paleontological monitor shall work
under the direction of a qualified paleontologist. (A
paleontological monitor is defined as an individual who has
experience in the collection and salvage offossil materials.)
In the event that fossils are discovered in unknown sensitive
formations, it may be necessary to increase the per-day field
monitoring time. Conversely, If fossils are not discovered, the
monitoring should be reduced.
When fossils are discovered, the paleontologist (or
paleontological monitor) shall recover them. In instances where
recovery requires an extended salvage time, the paleontologist (or
paleontological monitor) shall be allowed to temporarily direct,
divert, or halt grading to aI/ow recovery of fossil remains in a
timely manner. Where deemed appropriate by the paleontologist
(or paleontological monitor), a screen-washing operation for
small fossil remains shall be set UD.
EXHIBIT 1: 12/11//07
Method of
Verification
Plan Check /
Site Inspection
by a qualified
paleontologist
Timing of
Verification
T M I . Pre I During I
. I. I Const.Const.
x
x
Responsible
Party
Post
Cost,
~
x
Project
Applicant! City
Engineering
Department!
City Planning
and Building
Department
Completed
InitialSl
Comments
Date
.'.'1..,.,....,... .~~;{.':.;'
MITIGATION MONITORING AND REPORTING PROGRAM
Hi h Tech HinhUniversitv Park (15-07-014\
Mitigation Method of Timing of Responsible Completed
Measure Mitigation Measures Verification Verification Party Comments
No.
I Pre I DurIng 'I Post l/llllalsl
r,M' ... Const. Const. Cost. . Date
Prepared fossils, along with copies of all pertinent field notes,
photographs. and maps, shall be deposited (wi/h the applicant's
permission) in a scientific institution with paleontological
col/ections such as the San Diego Natural His/Dry Museum. A
final summary report shall be completed which outlines the
results of the mitigation program. This report shall include
discussion oj the methods used, stratigraphy exposed, fossils
collected, and significance ofrecoveredfossiIs.
.....
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01
EXHIBIT 1: 12111//07
MITIGATION MONITORING AND REPORTING PROGRAM
Hi Jh Tech Hiah Unlversltv Park (15-07-014\
Mitigation Method of Timing of Responsible
Measure Mitigation Measures Completed Comments
No. Verification Verification Party
TM I Pre I During I. Post Initials I Dale
. Canst. Canst. Cost.
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GEOLOGY AND SOILS .
6. Plan Check & X X X Project
Prior to issuance of land development pennits, including Site Inspection Applicant! City
clearing or grubbing and grading permits, the applicant by qualified Engineering
shall verify that the applicable recommendations of the soilslGeotechn Department!
preliminary geotechnical investigations for High Tech High ieal engineer City Planning
prepared by Geoeon (February 13, 2007) have been and Building
incorporated into the project design and construction Department
documents to the satisfaction of the City Engineer.
Recommendations to be implemented include, but are not
limited to:
. Grading plans shall indicate that excavations within the
sandstone-mudstone member of the Gtay Formation will
encounter bentonite layer or zones with bentonite rich
materials. These materials are highly expansive and
should be placed in deeper fill areas and a least 10 feet
below proposed finish grade elevations.
. Grading plans shall indicate that cut pads that expose
claystone or bentonite materials should be under cut to
completely remove the expansive soils. If the bentonite
or claystone layers are relatively thin and can be
completely removed in the upper 1 to 3 feet, then the
depth of undercut should be at least 3 feet. Where
expansive materials extend deeper that 3 feet, the
undercuts should be at least 5 feet below proposed finish
pad grade elevations. After the over-excavations have
been performed, the area should be brought back to
design subgrade elevations with properly compacted low
expansive granular soils.
EXHIBIT 1: 12/1 1//07
MITIGATION MONITORIt-l~At-lD.RI2PORTING.PROGRAM
Hioh Tech Hirih Uni~ersity Park (lS-07-014\
Mitigation
Measure
No.
Mitigation Measures
-.J
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. Grading plans shall indicate that, in order to reduce the
potential for differential settlement, the cut portion of
cut-fill transition pad (future ERe Finish Floor 547)
should be undercut to a depth of at least 3 feet and
replaced with compacted, low expansive (EI less that 50)
fill soils. The main high school building, approximately
425 feet in length, will be underlain by approximately 0
to 70 feet of fill. The cut portion of this building should
be undercut at least 5 feet at the north end (FF 547) and
the undercut should be increased to 10 feet at a distance
of approximately 75 feet from the north end (FF 548).
Over-excavations should be cut at a gradient of I percent
toward the street or toward the deepest fill area to
provide drainage for moisture along the contact between
formational material and compacted fill.
. Grading plans shall indicate that, where practical, the
upper 3 feet of buildmg pads (cut or fill) and 12 inches
in pavement areas should consist off properly compacted
low (EI less .that 50) expansive granular soils. Highly
expansive material should be placed in deeper fill areas
and properly compacted.
. Grading and building plans shall indicate that under no
circumstances should water be allowed to pond adjacent
to footings. The building pads should be properly finish
graded after the buildings and other improvements are in
place so that drainage water is directed away from
foundations, pavements, concrete slabs, and slope tops to
controlled drainage devices.
. Landscape Plans shall incorporate droughHolerant
vegetation having variable root depths and requiring
rninimallandscape irrigation along all slope areas.
EXHIBIT 1: 12/11//07
Method of
Verification
Timing of
Verification
I ,Pre I DurIng I
T.M' Consl. Const.
Post
Cost.
Responsible
Party
Completed
Comments
Initials I
Date
MITIGATION MONITORING AND REPORTING PROGRAM
Hi h Tech Hiah Universitv Park ()S-07-014l
Mitigation Method of Timing of Responsible Completed
Measure Mltlgation Measures Comments
No. Verification Verification Party
M I Pre I During I Post Inltlals I Dilte
T. Const. Const. Cost.
-..j
I
C'>
00
7.
HYDROLOGY AND WATER DUALITY
Prior to issuance of land development permits, including Plan Check &
clearing or grubbing and grading permits, a final drainage Routine Site
study shall be required in conjunction with the preparation Inspection
of final grading plans and must demonstrate that the post-
development peak flow rate does not exceed the pre-
development flows as indicated In the Preliminary
Drainage Study, RBF September II, 2007, and to the
satisfaction of the City Engineer. Additionally, the City
Engineer shall verify that the final grading plans comply
with the provisions of California Regional Water Quality
Control Board, San Diego Region Order No. 2001-01 with
respect to construction.related water quality best
management practices. If one or more of the approved
post-construction BMPs is non-structural, then a post-
construction BMP plan shall be prepared to the satisfaction
of the City Engineer prior to the commencement of
construction. Compliance with said plan shall become a
permanent requirement of the Mitigation Monitoring and
Reporting Program.
x
x
x
8.
Prior to issuance of each grading permit, the project Plan Check &
applicant shall obtain an NPDES Permit for Construction Routine Site
Activity from SWRCB. Adherence to all conditions of the Inspection
General Permit for Construction Activity is required. The
applicant shall be required under the SWRCB General
Construction Permit to develop a SWPPP and a Monitoring
program Plan. The SWPPP shall specify both construction
and post-construction structural and non.structural
pollution prevention measures. The SWPPP shall also
address operation and maintenance of post-construction
pollution prevention measures, including short-term and
long-term funding sources and the party or parties that will
be responsible for the implementation of said measures.
Prior to the issuance of each grading permit, the applicant Plan Check &
must provide to the satisfaction of the City Engineer Routine Site
~e.ri~~~tion that a_.comp~~te ~nd _ a~cur8te Notice-of-I~tent Inspection
x
x
Project
Applicant! City
Engineering
Department!
City Planning
and Building
Department
x
x
9.
EXHIBIT I: 12/11//07
......
I
m
co
MITIGATION MONITORING AND REPORTING PROGRAM
Hi h Tech Hiah University Park (15-07-014\
Mitigation Method of Timing of Responsible Completed
Measure Mitigation Measures Verification Verification Party Comments
No.
, ™ I p" I During .1 Post InItials I Date
. Const. Const. Cost.
(NOl) has been filed with the SWRCB. A copy of the
acknowledgement from the SWRCB that a NOI has been
received for this project shall be filed with the City of
Chula Vista when received. Further, a copy of the
completed NOl from the SWRCB showing the Permit
Number for this project shall be filed with the City of
Chula Vista when received.
10. Permanent Treatment, Site Design, and Source Control Plan Check & X X X
BMPs shall be included as part of the project in accordance Routine Site
with the City of Chula Vista SUSMP requirements and the Inspection
Water Quality Technical Report for the High Tech High
I (RBF Consultino, Auoust 10, 2007\.
II. Prior to issuance of land development pennits, including Plan Check & X X X
clearing or grubbing and grading permits, a maintenance Routine Site
plan for temporary erosion control facilities shall be Inspection
established by the applicant to the satisfaction of the City
Engineer. The applicant shall be responsible for
implementing, monitoring, and maintaining the required
BMPs to ensure that the measures are working properly,
until the construction area has been permanently stabilized.
This will typically involve inspection, cleaning, repair
onerations beine: conducted after runoff-oroducine. rainfall.
12. After construction, energy dissipating structures (e.g. Plan Check &
detention ponds, riprap, or drop structures) as deemed Routine Site
necessary by a hydrologic or engineering consultant shall Inspection
be used at stann drain outlets, drainage crossings, and/or
downstream of all culverts, pipe outlets, and brow ditches
to reduce velocity and prevent erosion to the satisfaction of
the Citv En2:ineer.
TRANSPORTATIONrI'RAFFIC
13. Prior to the approval of site improvement plans for Phase I Plan Check X X X Project
construction, the applicant shall enter into an agreement with Applicant! City
the City to design, bond, and construct, to the satisfaction of Engineering
the City Engineer, a fully actuated traffic signal including Department!
conduit, wiring, mast arms, signal heads, a controller and City Planning
associated equipment, underground improvements, standards, and Building
and luminaries at the Hunte ParkwaylDiscovery Falls Drive Department
intersection. Design of the intersection shall include, to the
EXHIBIT I: 12/111/07
Mitigation
Measure
No.
.....
I
.....
o
14.
15.
MITIGATION MONITORING AND REPORTING PROGRAM
Hi h Tech Hiah Ul1lversitv Park {IS-07-0141
Mitigation Measures
satisfaction of the City Engineer, the following roadway
improvements:
. Westbound left turn pocket on Hunte Parkway at
Discovery Falls
. "[hilll Northbound left turn pocket~ on Discovery
Falls at Hunte Parkway
Driveway Entrance shall include:
. Southbound left turn pocket on Discovery Falls at the
Project Driveway
. One ,lane inbound and two lanes outbound at the
Proj ect Dri vewa y
Method of
Verification
Timing of
Verification
,I Pre I During I
T,M1 Const. Const.
Prior to the approval of site improvement plans for Phase II Plan Check
construction, the applicant shall enter into an agreement with
the City to design, bond, and construct, to the satisfaction of
the City Engineer, the following roadway improvements:
x
x
. Eastbound right turn pocket on Hunte Parkway at
Discovery Falls
. One additional inbound lane constructed/striped at
the Proiect Driveway.
Prior to approval of building permits for Phase I and Phase Plan Check
II construction, the applicant shall submit a detailed
Signage and Striping Plan, to the satisfaction for the City
Engineer.- identifying the location of fire lanes, appropriate
advance school warning signs, crosswalk locations, drop-
off/pick-up locations, and lane configurations (including
appropriate storage lengths) consistent with the
recommendations contained in the High Tech High Traffic
Impact Analysis (Rick Engineering Company, May 1,
2007).
EXHIBIT 1: 12/11/107
x
x
Responsible
Party
Post
Cost.
x
Project
Applicant! City
Engineering
Department!
City Planning
and Building
Department
x
Project
Applicant! City
Engineering
Department!
City Planning
and Building
Department
Completed
Comments
Initials -T
Date
MITIGATION MONITORING AND REPORTING PROGRAM
High TechHiahUnlversitv Park 115-07-0141
Mitigation Method of Timing of Responsible Completed
Measure Mitigation Measures Verification Verification Party Comments
No.
I p" I During I Post Inltlals1 Date
T.M Canst. Canst. Cost.
16
NOISE
Prior to Grading Pennit issuance, the Applicant shall Plan Check/Site
demonstrate to the satisfaction of the City Environmental Inspection
Review Coordinator that the project complies with the
following:
x
x
Project
Applicant! City
Engineering
Department!
City Planning
and Building
Department
......
I
......
~
. All construction equipment, fixed or mobile, shall be
equipped with properly operating and maintained
mufflers;
. Construction noise reduction methods such as shutting
off idling equipment, installing temporary acoustic
barriers around stationary construction noise sources,
maximizing the distance between construction
equipment staging areas and occupied residential
areas, and use of electric air compressors and similar
power tools, rather than diesel equipment, shall be
used where feasible;
. During construction, stationary construction
equipment shall be placed such that emitted noise is
directed away from or shielded from sensitive noise
receivers;
. During construction, stockpiling and vehicle staging
areas shall be located as far as practical from noise
sensitive receptors;X
. Operate earthmoving equipment on the construction
site, as far away from vibration sensitive sites as
possible; and
. The project shall be In compliance with Section
17.24.050.1 of the City's Municipal Code which
regulates construction hours. Construction hours,
allowable workdays and the phone number of the job
superintendent shall be clearly posted at all
construction entrances to allow for surrounding
property owners and residents to contact the job
superintendent. In the event the City receives a
comolaint, aoorooriate corrective actions shall be
EXHIBIT 1: 12/11//07
MItigation
Measure
No.
17.
18.
.....
I
.....
N
MITIGATION MONITORING AND REPORTING PROGRAM
Hi h TechHigh Universitv Park 05-07-014\
MItigation Measures
implemented and a report the action taken to the
reporting party.
Method of
Verification
Prior to the issuance of building design permits for Phase II Plan Check
construction, the applicant shall be required to prepare, to the
satisfaction the Environmental Review Coordinator, a
subsequent acoustical assessment permits to ensure that
sensitive outdoor uses would not be exposed to noise levels
exceeding the City's 65 dBA CNEL standard.
Prior to the approval of design review pemits for each phase Plan Check
of development, and upon completion of mechanical design
for the HV AC and roof-mounted equipment, the Applicant
shall be required to submit a subsequent noise analyses and
mechanical plans to the satisfaction of the Environmental
Review Coordinator to ensure that noise levels from the
equipment will not exceed the City of Chula Vista's Noise
Ordinance Standards for sensitive noise receptors (Le., 55
dBA Leq or 60 dBA Leg for multi-family). Upon review of
the additional noise analysis, if it is determined that there are
potential noise impacts created by the HV AC units and/or
other roof-mounted equipment, then applicable design
measures shall be incorporated into the project's
development plans to ensure that project generated noise
levels are consistent with the City's noise standards.
EXHIBIT 1: 121111/07
Timing of
Verification
T M I Pre I Durln{l I
'. Canst. Canst.
x
x
Post
Cost.
Responsible
Party
x
Completed
Comments
InItIals I
Date
ATTACHMENT "B"
Comments and Responses on DRAFT MND IS-07-014
(30-day public Review Period: November 7,2007 through December 7, 2007)
COMMENT REFERENCE COMMENT PROVIDER
Comment/Response
A-I and A-2
U.S. Fish and Wildlife Service 1 CA Department of
Fish and Game
6010 Hidden Valley Road
Carlsbad, California 92011
A. U.S. Fish and Wildlife Service 1 CA Department of Fish and Game
6010 Hidden Valley Road
Carlsbad, California 92011
Comments/Responses A-I and A-2
A-I: Summary of Comment
The applicant shall ensure that development landscaping, especially landscaping
adjacent to sensitive habitat, does not include exotic plant species that may be
invasive to native habitats. Comment provided via e-mail received 12/3/07 (refer
to Exhibit 1 to this attachment).
Response to Comment A-I
Comment noted. Section F, Mitigation Measure NO.3 (Biological Resources) of
the draft MND provides mitigation that the Applicant must implement in order to
prevent potential impacts to adjacent Preserve areas. However, the following
language has been added to Mitigation Measure No. 3 of the MND in order to
provide additional information regarding the use of invasive non-native species
during the preparation of the project landscape plans:
"Exotic plant species not to be used during the preparation of the project's
landscape plans include those species on the California Invasive Plant Council's
(Cal-lPC) Invasive Plant Inventory. This list includes such species as pepper
trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed,
tree of heaven, periwinkle, sweet alyssum, English ivy, French broom, Scotch
broom, and Spanish broom. A copy of the complete list can be obtained from the
Ca1-lPC web site at http://www.cal-ipc.org. In addition, landscaping adjacent to
preserve areas will not use plants that require intensive irrigation, fertilizers, or
pesticides. "
Page 1 of3
7-73
A-2: Summary of Comment
The Wildlife Agencies expressed a concern regarding the potential occurrence of
burrowing owls onsite given that burrowing owls are known to occur in the
vicinity and can nest in burrows found on agricultural and disturbed lands that
have not been worked recently. Consequently, the Wildlife Agencies requested
that construction activities within the area of potential effect for nesting habitat
should occur outside of the burrowing owl's breeding season (April 15 to July
31). Furthermore, the Wildlife Agencies requested that focused surveys for
burrowing owls within the project area and a surrounding 500-foot buffer be
conducted within a year prior to the onset of project impacts. Comment provided
via e-mail received 12/3/07 (refer to Exhibit I to this attachment).
Response to Comment A-2
Comment noted. As stated on page 15 of the draft MND, no state- or federally-
listed threatened or endangered animal species, or evidence of nesting birds (i.e.,
nest building, territorial defense, transport of nesting material or food for young,
etc.) was identified during the spring general reconnaissance. However, as
indicated in the report, the study area has a moderate potential to provide foraging
habitat for several avian species. As a result, Biological Resources Mitigation
Measure No. 2 prohibits the removal of habitat that may support active nests
should occur outside of the breeding season for these species (January 15 to
August 15). In the event that the removal of habitat and/or construction activities
adjacent to nesting habitat must occur during the breeding season, the applicant is
required to retain a City-approved biologist to conduct a pre-construction survey
within 10 calendar days prior to the start of construction to determine the presence
or absence of nesting birds on or within 300 feet of the construction area and
nesting raptors within 500 feet of the construction area.
Although proper implementation of Biological Resources Mitigation Measure No.
2 should adequately satisfy the recommendations provided by the Wildlife
Agencies regarding the protection of burrowing owls, the following language has
been added to Biological Resources Mitigation Measure No.2 in order to provide
additional information pertaining to construction activities during the breeding
season for the burrowing owl:
"To ensure that no direct or indirect impacts to nesting burrowing owls occur
during construction, construction activities within the area of potential effect for
nesting habitat should occur outside of the burrowing owl's breeding season
(April 15 to July 31), or sooner if a qualified biologist demonstrates to the
satisfaction of the Wildlife Agencies that all nesting is complete. If construction
must occur during the breeding season, pre-construction surveys (in accordance
with accepted survey protocols) must be performed by a City-approved biologist
to determine the presence or absence of active burrows/nests within all suitable
habitat prior to the initiation of construction-related activities. The pre-
construction surveys must be conducted within 10 calendar days prior to the start
Page 2 of3
7-74
of construction, and results submitted to the City for review and approval prior to
initiating any construction activities.
If burrowing owls are detected, a mitigation plan shall be prepared by a City-
approved biologist and submitted to the City for review and approval. The
applicant shall implement the mitigation plan to the satisfaction of the City to
ensure that disturbance of breeding activities is reduced to a level less than
significant. Construction setbacks of 300 feet from occupied burrows or artificial
nests (e.g., inside construction debris piles or pipes) shall be implemented until
the young are completely independent of the nest. A bio-monitor must be on site
during construction until all young have fledged to minimize construction impacts
and ensure that no nests are removed or disturbed and no nesting activities are
disrupted. If an active burrow is found outside of the breeding season, or after an
active nest is determined to no longer be active by a qualified biologist, the
burrowing owl will be relocated in coordination with the Wildlife Agencies."
Page 3 of3
7-75
l A--\+,(..I"...~l 13, e~~:b,4 I J Page 1 of2
Glen Laube IS -O-:j -01(.1 Co""..e",+ Le:Ho/ t\ II
From: Cara_McGary@fws.gov
Sent: Monday, December 03,20074:42 PM
To: Glen Laube
Subject: Comments for High Tech High
Glen,
The Wildlife Agencies have reviewed the draft MND for the High Tech High University Park, dated November
1,2007. We have the following comments and questions about the MND that should be addressed in the final
MND.
A-'
I) The following text should be added to Section F, Subheading Biological Resources #3 of the MND:
"The applicant shall ensure that development landscaping, especially landscaping adjacent to sensitive habitat,
does not include exotic plant species that may be invasive to native habitats. Exotic plant species not to be used
include those species on the California Invasive Plant Council's (Cal-IPC) Invasive Plant Inventory. This list
includes such species as pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust,
capeweed, tree of heaven, periwinkle, sweet alyssum, English ivy, French broom, Scotch broom, and Spanish
broom. A copy of the complete list can be obtained from the Cal-IPe website at http://www.cal-ipc.org.ln
addition, landscaping adjacent to preserve areas will not use plants that require intensive irrigation, fertilizers, or
pesticides. Water runoff from landscaped areas will be directed away from the biological conservation
easement area and contained and/or treated within the development footprint."
A-2.
2) We are concerned about the potential occurrence of burrowing owls onsite. The project site is a former
agricultural site that is not currently being worked. Burrowing owls are known to occur in the vicinity and can
nest in burrows found on agricultural and disturbed land. We request that focused surveys for burrowing owls
within the project area and a surrounding SOO-foot buffer be conducted within a year prior to the onset of
project impacts. If burrowing owls are found on site, we request that the final MND include measures to avoid
them, or reduce the project-related biological impacts to a level less than significant. Furthermore, burrowing
owls are known to establish nests in pipes, culverts, and/or debris piles on active construction sites. If
burrowing owls are detected, we recommend that the MND include the following mitigation measures to avoid,
minimize, and adequately mitigate for impacts to this species:
"To ensure that no direct or indirect-impacts to nesting burrowing owls occur during construction, construction
activities within the area of potential effect for nesting habitat should occur outside of the burrowing owl's
breeding season (April 15 to July 31), or sooner if a qualified biologist demonstrates to the satisfaction of the
Wildlife Agencies that all nesting is complete. If construction must occur during the breeding season, pre-
construction surveys (in accordance with accepted survey protocols) must be performed by a City-approved
biologist to determine the presence or absence of active burrows/nests within all suitable habitat prior to the
initiation of construction-related activities. The pre-construction surveys must be conducted within 10 calendar
days prior to the start of construction, and results submitted to the City for review and approval prior to
initiating any construction activities.
If burrowing owls are detected, a mitigation plan shall be prepared by a City-approved biologist and submitted
to the City for review and approval. The applicant shall implement the mitigation plan to the satisfaction of the
City to ensure that disturbance of breeding activities is reduced to a level less than significant. Construction
setbacks of300 feet from occupied burrows or artificial nests (e.g., inside construction debris piles or pipes)
shall be implemented until the young are completely independent of the nest. A bio-monitor must be on site
during construction until all young have fledged to minimize construction impacts and ensure that no nests are
removed or disturbed and no nesting activities are disrupted. If an active burrow is found outside of the
7-76
12/03/2007
Page 2 of2
breeding season, or after an active nest is determined to no longer be active by a qualified biologist, the
burrowing owl will be relocated in coordination with the Wildlife Agencies."
Thank you for considering our comments on this MND. [fyou have any questions or comments pertaining to
this letter, please contact Amber Himes (Department ofFish and Game) at (858) 637-7100 or Cara McGary
(U.S. Fish and Wildlife Service) at (760) 431-9440.
Sincerely,
Amber Himes
Cara McGary
Cara McGary
Fish and Wildlife Biologist
Carlsbad Fish and Wildlife Office
6010 Hidden Valley Road
Carlsbad, California 92011
phone: (760) 431-9440 ex!. 374
fax: (760) 431-5901
email: cara_mcgary@fws.gov
7-77
12/03/2007
~\~
-?-
--
ENVIRONMENTAL CHECKLIST FORM
CllYOF
CHULA VISfA
1. Name of Proponent:
High Tech High Learning
2. Lead Agency Name and Address:
City ofChula Vista
Plmming and Building Department
276 Fourth Avenue
Chula Vista, CA 91910
3. Addresses and Phone Number of Proponent:
2861 Womble Road
San Diego, Ca 92106
4. Name of Proposal:
High Tech High University Park
5. Date of Checklist:
November I, 2007
6. Case No.
IS-07 -014
ENVIRONMENTAL ANALYSIS QUESTIONS:
Less Than
Potentially Significant Less Than
With
Issues: Significant MitigatioD Significant No Impact
Impact Incorporated Impact
L AESTHETICS. Would the project
a) Have a substantial adverse effect on a scenic vista? 0 0 0 X
b) SubstantWly damage scenic resources, including, but 0 0 0 X
not limited to, tress, rock outcroppings, and histone
buildings within a state scenic highway?
c) SubstantWly degrade the existing visual character or 0 0 X 0
quality of the site and its surroundings?
d) Create a new source of substantial light or glare,
o
o
X
o
7-78
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
which would adversely affect day or nighttime '~ews
in the area?
Comments:
a-d) No scenic vistas are located within, adjacent to, or in the vicinity of the proposed school site. No
substantial damage to scenic resources would result with the development of the proposed project. Hunte
Parkway is considered a scenic roadway. Scenic resources associated with this roadway include San Miguel
Mountains to the north, Jamul Mountains to the east, San Y sidro Mountains to the northeast, and the Salt
Creek Corridor. Scenic resources would not be significantly impacted given the project's pad elevation
relative to the elevation of Hunte Parkway (Hunte Parkway is generally situated 15 feet above the project
site). As such, although the project would be visible from portions of Hunte Parkway and Village II, the
proposed buildings would not substantially obstruct or block views to the surrounding mountains from
Hunte Parkway or the Village II development. An evaluation of the project's impact to steep slopes is
provided in Section E of the MND. The project will be required to comply with the light and glare
regulations (Section 19.66.100) of the Chula Vista Municipal Code (CVMC). Compliance with these
regulations will ensure that no significant glare, or light would affect daytime or nighttime views in the
surrounding residential neighborhood area or adjacent roadways. Project will be reviewed by the Chula
Vista Design Review Commission (DRC) to further ensure compatibility with the aesthetic quality of the
community.
The impacts of the off-site borrow area was considered in the analysis of landform alteration and aesthetics
impacts. The borrow area would be used to provide fill for the school site in order to create a sUitable
building pad.
The proposed borrow site consists of approximately 12 acres of former agricultural lands and would provide
approximately 400,000 cubic yards of fill. Grading of the borrow site would not obstruct or damage a
designated scenic vista and/or view nor would the site obstruct a view from a designated scenic roadway.
Grading of the borrow area would be performed to maintain a low ridge line running north to south in order
to retain the existing character of the site. Following grading activities, the site would be hydroseed with a
species mixture comparable to that of pre-graded conditions. It should be noted that the proposed project site
is bordered to the west, south, and east by future development areas associated with the University Campus.
The borrow area and manufactured slopes associated with the proposed project would be temporary in status
given that the development of the University Campus will ultimately encompass the surrounding areas.
Impacts to aesthetic resources are considered less than significant.
A Statement of Overriding Considerations (SOC) was adopted for the Otay Ranch General Development
Plan (GDP) in October 1993 that addressed impacts to Landform Alteration/Aesthetics. Thus, the change in
visual character within these areas of Otay Ranch have been assumed, considered and approved through the
adoption of the Statement of Overriding Considerations for the Otay Ranch GDP. The construction of the
proposed project and use of the borrow site would not result in any new significant or cumulative impacts
that were not contemplated in the SOC nor increase the severity of any identified impacts in EIR 90-01.
Mitigation: No mitigation measures are required.
7-79
Issues:
II. AGRlCULTURAL RESOURCES. In
determining whether unpacts to agricultural
resources are significant environmental effects, lead
agencies may refer to the California Agricultural
Land Evaluation and Site Assessment Model (1997)
prepared by the California Dept. of Conservation as
an optional model to use in assessing impacts on
agriculture and farmland. Would the project
a) Convert Prime Fannland, Unique Fannland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the Fannland
Mapping and Monitoring Program of the California
Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract?
c) Involve other changes in the existing environment,
which, due to their location or nature, could result in
conversion of Farmland, to non-agricultural use?
Potentially
Significant
Impact
o
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
o
Less Than
Significant
Impact
o
o
o
No Impact
x
x
x
7-80
Issues:
Potentially
Significant
Impact
Less Than
Significant
Witb
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a-c) The project site and borrow area do not contain Prime Farmland, Farmland of Statewide Importance,
or Unique Farmland. The project site and associated borrow areas are not currently in production and are
no longer zoned for agriculture. Additionally, the Otay Ranch General Development Plan (GDP) further
states that agricultural uses are allowed as an interim use and that long-term agricultural uses are not
planned for this area. Following grading activities, the borrow site would be hydroseed with a species
mixture comparable to that of pre-graded conditions. Therefore, impacts to agricultural resources are not
significant because the proposed project would not require or result in the conversion of prime farmland
or farmland of statewide importance.
A Statement of Overriding Considerations (SOCs) was adopted for the Otay Ranch GDP in October 1993
that addressed impacts to agricultural resources within the development area of the proposed project and
associated borrow site. Thus, the loss of agricultural land within this area has been assumed, considered
and approved through the adoption of the Statement of Overriding Considerations for the Otay Ranch
GDP. The construction of the proposed project would not result in any new significant cumulative
impacts that were not contemplated in the SOCs nor increase the severity of any identified impacts in EIR
90-01.
Mitieation: No mitigation measures are required.
III.AIR QUAliTY. Where avaihble, the significance
criteria established by the applicable air quality
management or air pollution control district may be
relied upon to make the following determinations.
Would the project;
a) Conflict with or obstruct implementation of the
applicable air quality plan?
o
o
x
o
b) Violate any air quality stmdard or contribute
substantially to an existing or projected air quality
violation?
o
o
x
o
c) Result in a cumulatively considerable net increase
of any criteria pollutmt for which the project
region is non-attainment under an applicable
federal or state ambient air quality standard
(including releasing emissions, which exceed
quantitative thresholds for ozone prea.rrsors)?
o
o
x
o
7-81
Issues:
d) Expose sensitive receptors to substantial pollutant
concentrations?
e) Create objectionable odots affecting a substantial
number of people?
Comments:
a-e) See Mitigated Negative Declaration, Section E.
Less Than
Potentially Significant Less Than
With
Significant Mitigation Significant No Impact
Impact Incorporated Impact
0 X 0 0
o
o
o
X
Mitil!ation: The mitigation measures contained in Section F of the Mitigated Negative
Declaration would mitigate potentially significant air quality impacts to a level of less than
significance.
IV. BIOLOGICAL RESOURCES.
project:
Would the
a) Have a substantial acivetse effect, either directly or
through habitat modifications, on any speCles
identified as a candidate, sensitive, or special status
specIes in local or regional plans, policies, or
regulations, or by the California Department of
Fish and Game or U.S. Fish and Wildlife Service?
b) Have a substantial advetse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
o
o
x
o
o
o
o
x
7-82
Issues:
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to,
marsh, vernal poo~ coastal, etc.) through direct
removal, filling, hydrological interruption, or other
means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native
wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
~ Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
Comments:
a-f) See Mitigated Negative Declaration, Section E.
Potentia.lly
Significant
Impact
Less Than
Significant
Witb
Mitigation
Incorporated
No impact
Less Tban
Significant
Impact
o
o
o
x
o
o
o
x
o
o
o
x
o
o
o
x
Mitie:ation: The mitigation measures contained in Section F of the Mitigated Negative
Declaration would mitigate potentially significant biological resources impacts to a level of less
than significance.
V. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as defined in ~
150M.5?
o
o
o
x
7-83
Issues:
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant
to ~ 15064.5?
c) Directly or indirectly destroy a unique
paleontological reSOUlce or site or unique geologic
feature?
d) Disturb any human remains, including those
interred outside of fonnal cemeteries?
Comments:
a-d) See Mitigated Negative Declaration, Section E.
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
o
o
o
x
o
o
o
x
o
o
o
x
Mitigation: The mitigation measures contained in Section F of the Mitigated Negative
Declaration would mitigate potentially significant impacts to paleontological resources to a level
of less than significance.
VI. GEOLOGY AND SOILS -- Would the
project:
a) Expose people or structures to potential
substantial adverse effects, including the risk of
loss, injury or death involving:
1.
Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
o
o
o
x
7-84
Issues:
11.
Strong seismic ground shaking?
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
ill.
Seismic-related
liquefaction'
including
Less Tban
Significant
Impact
o
o
x
o
ground
failure,
IV.
Landslides'
o
x
D
D
b)
Result in substantial soil erosion or the loss of
topsoil?
o
o
x
o
c)
Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in on.
or off. site landslide, lateral spreading, subsidence,
liquefaction or collapse?
o
o
o
d)
Be located on expansive soil, as defined in Table
IS.I.B of the Uniform Building Code (1994),
creating substantial risks to life or property?
x
e)
Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater
disposal systems where sewers are not available
for the disposal of wastewater?
o
D
x
D
Comments:
a-d) See Mitigated Negative Declaration, Section E.
D
D
x
D
D
D
D
x
d) The project does not propose the use of septic tanks or alternative wastewater disposal systems.
Sewer services will be provided by the City of Chula Vista. Therefore, development of the proposed
project will not result in impacts associated with the use of septic tanks or alterative wastewater disposal
systems.
Mitigation: See Mitigated Negative Declaration, Section F.
VII. HAZARDS AND HAZARDOUS
MATERIALS. Would the project:
7-85
Issues:
a)
Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
Potentially
Significant
Impact
o
o
o
o
o
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
o
o
o
o
o
Less Than
Significant
Impact
o
x
o
o
o
o
o
No Impact
x
o
x
x
x
x
x
b)
Create a significant hazard to the public or the
enVlronment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
c)
Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or
proposed school?
d)
Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code section 65962.5 and, as a
result, would it create a significant hazard to the
public or the environment?
e)
For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the project result in a safety hazard
for people residing or working in the project
area?
Q
For a project within the Vlctruty of a private
airstrip, would the project result in a safety hazard
for people residing or working in the project
area?
g)
Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
7-86
Issues:
h) Expose people or structures to a significant risk
of loss, injury or death involving wildland fires,
including where wildlands are adjacent to
urbanized areas or where residences are
intermixed with wildlands?
Comments::
Less Than
Potentially Significant Less Tban
With
Significant Mitigation Significant No Impact
Impact Incorporated Impact
0 0 0 X
a;c-h) The project proposal involves the development of an educational campus facility.
Development of the proposed project would not pose a health hazard to humans. The project site
and its surroundings are designated for development according to the General Plan, Zoning
Ordinance and adopted MSCP Subarea Plan. The project site is not located adjacent to any
designated Wildland areas and is located approximately 2,300 feet from the SDG&E transmission
line corridor. No significant hazards to human health safety would be created as a result of the
proposed project.
b) See Mitigated Negative Declaration, Section E.
Mitil!ation: No Mitigation Measures are required.
VIII. HYDROLOGY AND WATER QUALITY.
Would the project:
a) Result in an increase in polluunt discharges to
receiving waters (including impaired water bodies
pursuant to the Clean Water Act Section 303(d) list),
result in significant alteration of receiving water
quality during or following construction, or violate
any water quality sundards or waste discharge
requirements?
b) Subsuntially deplete groundwater supplies or
interfere subsuntially with groundwater recharge
such that there would be a net deficit in aquifer
volwne or a lowering of the local groundwater uble
level (e.g., the production rate of pre-exisring nearby
wells would drop to a level which would not
support existing land uses or planned uses for which
pennits have been granted)> Result in a potentially
D
D
x
D
D
o
x
D
7-87
Issues;
significant adverse impact on groundwater quality'
c) Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river, in a manner, which
would result in substantial erosion or siltation on- or
off-site?
d) Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river, substantially increase the
rate or amount of surface runoff in a manner which
would result in flooding on- or off-site, or place
structures within a 1 DO-year flood hazard area which
would impede or redirect flood flows?
e) Expose people or structures to a significant risk of
loss, injury or death involving flooding, including
flooding as a result of the failure of a levee or dam?
f) Create or contribute runoff water, which would
exceed the capacity of existing or planned
stormwater drainage systems or provide substantial
additional sources of polluted runoff?
Comments:
a-I) See Mitigated Negative Declaration, Section E.
Potentially
Significant
Impact
D
D
D
D
Mitil!ation: See Mitigated Negative Declaration, Section F.
IX. LAND USE AND PLANNING. Would the
project:
a) Physically divide an established community?
D
Less Than
Significant
With
Mitigation
Incorporated
X
D
D
D
D
Less Than
Significant
Impact
D
X
o
X
D
No impact
o
o
x
o
x
7-88
issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No impact
b) Conllict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the
project (including, but not limited to the general
plan, specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
o
o
x
o
c) Conllict with any applicable habitat conservation
plan or natutal community conservation plan?
o
o
x
o
Comments:
a) The school site is located in an urbanizing area and would be developed consistent with the existing residential
community to the north and the character envisioned for the future University Campus. The project would not
disrupt or divide an established community nor would the project conflict or interfere with the overall
development of the future University Campus SPA Plan.
b) The proposed school is consistent with the goals, objectives, and policies of the City's General Plan and
Otay Ranch General Development Plan (GDP) for the establishment of educational and/or research
institutions within this area. A redesignation of the proposed school site from Planned Community (PC) zone
to Public/Quasi-Public (P-Q) zone is proposed to allow for a public use within the University Campus area
prior to the processing of the University Campus SPA Plan.
c) The project site and borrow site are located within a development area of a Covered Project within the City's
MSCP Subarea Plan. Therefore the project would not conflict with the goals and standards of the City's
MSCP Subarea Plan. Refer to Section E of the MND for a discussion regarding the project's potential to
impact sensitive biological resources.
Mitigation: No mitigation measures are required.
X. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral
o
o
o
x
7-89
issues:
resource that would be of value to the region and
the residents of the stlte'
b) Result in the loss of availability of a locally-important
mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
Comments:
Potentially
Signulcant
Impact
Less Tban
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
o
o
o
x
a) The project site is undisturbed and has not been used for mining purposes. In addition, the site is not
designated as a site for mineral resources; therefore, the proposed project would not result in the loss of
availability of a known mineral resource of value to the region or the residents of the State of California.
b) Pursuant to the Environmental Impact Report for the City of Chula Vista General Plan, the State of
California Department of Conservation has not designated the project site for mineral resource
protection. Therefore, development of the proposed project would not result in the loss of availability of a
locally-important mineral resource recovery.
Mitieation: No mitigation measures are required.
XI. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise levels
in excess of stlndards established in the local general
plan or noise ordinance, or applicable stlndards of
other agencies?
b) Exposure of persons to or generation of excessive
groundbome vibration or groundborne noise levels?
c) A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
without the project?
d) A substantial temporary or periodic increase in
ambient noise levds in the project vicinity abo-v"e
o
o
o
x
o
o
x
o
o
x
o
o
o
o
x
o
7-90
Issues:
levels existing without the project)
e) For a project located within an airport land use plan
or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project expose people residing or working
in the project area to excessive noise levels?
D For a project within the vicinity of a private airstrip,
would the project expose people residing or working
in the project area to excessive noise levels?
Comments:
a-d) See Mitigated Negative Declaration, Section E.
Potentially
Significant
Impact
Less Tban
Significant
Witb
Mitigation
Incorporated
No impact
Less Than
Significant
Impact
o
o
o
x
o
o
o
x
e-f) The proposed project is not located within 2 miles of a public/private airstrip. Therefore, the
project would not expose students and/or employees in the project area to excessive noise levels
associate with airport operations.
Mitil!ation: See Mitigated Negative Declaration, Section F.
XII. POPULATION AND HOUSING. Would the
project:
a) Induce substantial population growth in an area,
either direcdy (for example, by proposing new
homes and businesses) or indirecdy (for example,
through extension of road or other infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement
housing elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of replacement
o
o
o
x
o
o
o
x
o
o
o
x
7-91
Issues:
Potentially
Significant
Impact
Less Than
Signilic3nt
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
housing elsewhere?
Comments:
a-c) The proposed project does not involve any residential development that would induce substantial population
growth in the area or require substantial infrastructure improvements. No permanent housing exists on the project
site and no displacement of housing or person would occur as a result of the proposed project. Based upon the
type of the proposal, no population growth inducement is would result.
Mitigation: No mitigation measures are required.
XllI. PUBLIC SERVICES. Would the project:
a) Result in substantial adverse physical impacts
associated with the provision of new ot physically
altered governmental facilities, need fot new or
physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times or other
perfonnance objectives for any public services:
Fire protection?
D
D
x
D
Police protection?
D
D
x
D
Schools?
D
D
D
x
Parks?
D
D
D
x
Other public facilities?
D
D
D
x
7-92
Issues:
Potentially
Significant
Impact
Less Tban
Significant
Witb
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a) Adequate fIre protection services and response times can continue to be provided to the site without an
increase of equipment or personnel. The applicant is required to comply with the Fire Department
policies for new building construction and fIre prevention. The proposed project would not have a
signifIcant effect upon or result in a need for new or altered fIre protection services. The City
performance objectives and thresholds will continue to be met.
b) Adequate police protection services and response times can continue to be provided upon completion of
the proposed project. The proposed project would not have a significant effect upon or result in a need
for substantial new or altered police protection services. The City performance objectives and thresholds
will continue to be met.
c) The proposed project would not induce population growth; therefore, no signifIcant adverse impacts to
public schools would result. According to the Chula Vista School District letter, the applicant would not
be required to pay the statutory building permit school fees for the non-residential construction/proposed
buildings.
d) The proposed project would not induce population growth; therefore, the project would not have an
impact on or create a demand for neighborhood or regional parks or facilities or impact existing park
facilities.
e) The proposed project would not have an impact on or result in a need for new or expanded governmental
services and would be served by existing or planned public infrastructure.
Mitigation: No mitigation measures are required.
XIV. RECREATION. Would the project
a) Increase the use of existing neighborhood and
regional parks or other recreational facilities
such that substantial physical deterioration of
the facility would occur or be accelerated?
o
o
o
x
b) Does the project include recreational facilities
or require the construction or expansion of
recreational facilities which have an adverse
physical effect on the environment?
o
o
o
x
7-93
Issues:
Comments:
Potentially
Significant
Impact
Less Tban
Significant
Witb
Mitigation
Incorporated
No Impact
Less Tban
Significant
Impact
a) Because the proposed project would not induce population growth, it would not create a demand for
neighborhood or regional parks or facilities, nor impact existing neighborhood parks or recreational facilities.
b) The project does not include the construction or expansion of recreational facilities. According to the Parks
and Recreation Element of the General Plan, the project site is not planned for any future parks and recreation
facilities or programs.
Mitil!ation: No mitigation measures are required.
XV. TRANSPORTATION / TRAFFIC. Would
the project:
a) Cause an increase in traffic which is substantial in
relation to the existing traffic load and capacity of
the street system (i.e., result in a substantial increase
in either the number of vehicle trips, the volume to
capacity ratio on roads, or congesnon at
intersections)?
b) Exceed, either individually or cumulatively, a level of
service standard established by the county
congestion management agency for designated
roads or highways:>
c) Result in a change in air traffic patterns, including
either an increase in traffic levels or a change 111
location that results in substantial safety risks:>
d) Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
e) Result in inadequate emergency access:>
f) Result in inadequate parking capacity'
o
o
o
x
o
o
o
x
o
o
x
o
o
o
x
o
o
o
o
x
o
o
o
x
7-94
Issues:
g) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus
turnouts, bicycle racks)?
Comments:
a-g) See Mitigated Negative Declaration, Section E.
Less Tban
Potentially Significant Less Tban
Witb
Significant Mitigation Significant No Impact
Impact Incorporated Impact
0 0 X 0
Mitil!ation: See Mitigated Negative Declaration, Section F.
XVI. UTIUTIES AND SERVICE SYSTEMS.
Would the project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects?
c) Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects>
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources. or
are new or expanded entitlements needed?
e) Result in a determination by the wastewater treatment
provider which serves or may serve the project that it
has adequate capacity to serve the project's projected
demand in addition to the provider's existing
o
o
X
o
o
o
x
o
o
o
x
o
o
o
x
o
o
o
x
o
7-95
Issues:
commitments?
t)
Be served by a landfill with sufficient pennined
capacity to accommodate the project's solid waste
disposal needs?
g) Comply with fedetal, state, and local statutes and
regulations related to solid waste?
Potentially
Significant
Impact
D
D
Less Than
Significant
With
Mitigation
Incorporated
D
D
Less Than
Significaot
Impact
x
x
No Impact
D
D
7-96
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significiot
Impact
No Impact
Comments:
a) The project site is located within an urbanizing area that can be served by all necessary utilities and
service systems. No exceedance of wastewater requirements of the Regional Water Quality Control
Board would result from the proposed project.
b) See XVLa. No construction of new water or wastewater treatment facilities or the expansion of existing
facilities would be necessary.
c) The proposed project is subject to the NPDES General Construction Permit requirements and shall obtain
permit coverage and develop a Storm Water Pollution Prevention Plan (SWPPP) prior to the issuance of
grading permits. The project is required to implement Best Management Practices to prevent pollution of
storm drainage systems and comply with the City's Storm Water Management Requirements. See Mitigated
Negative Declaration, Section E. Refer to the Hydrology and Water Quality Section addressing existing and
proposed storm water facilities.
d) The project site is within the potable water service area of the Otay Water District. Pursuant to
correspondence from the Otay Water District, the project may be serviced from existing potable water
mains. No new or expanded entitlements are required for the proposed project.
e) See XV La. and b.
f) The project will be served by Pacific Waste Services. Solid waste generated by the project will be
disposed at the Otay Landfill. The development would not generate a significant amount of solid
waste that would exceed the capacity of the Otay Landfill. The applicant will be required to
implement a recycling program for the proposed campus facility. Therefore, impacts to the Otay
Landfill's capacity are less than significant.
g) The proposal would comply with federal, state and local regulations related to solid waste.
Mitigation: See Section E of the Mitigated Negative Declaration; refer to the Hydrology and Water Quality
Section. The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate
identified storm water/storm drainage and water quality impacts to a level ofless than significance.
XVII. THRESHOLDS
Will the proposal adversely impact the City's
Threshold Standards?
A. ~
o
o
o
x
The City shall construct 60,000 gross square feet (GSF)
of additional library space, over the June 30, 2000
GSF total, in the area east of Interstate 805 by
buiIdout The construction of said facilities shall be
7-97
Issues:
phased such that the City will not fall below the city-
""de ratio of 500 GSF per 1,000 population. Library
facilities are to be adequately equipped and staffed.
B) Police
a) Emergency Response: Properly equipped and staffed
police units shall respond to 81 percent of "Priority
One" emergency calls within seven (I) minutes and
maintain an average response time to all "Priority One"
emergency calls of 5.5 minutes or less.
b) Respond to 57 percent of ''Priority Two" UIgent calls
within seven (J) minutes and maintain an average
response time to all ''Priority Two" calls of 7.5 minutes
or less.
C) Fire and Emer~en'Y Meclical
Emergency response: Properly equipped and staffed fire
and medical units shall respond to calls throughout the City
within 7 minutes in 80% of the cases (measured annually).
D) Traffic
The Threshold Standards require that all intersections must
operate at a Level of Service (LOS) "C" or better, with the
exception that Level of Service (LOS) "D" may occur
during the peak two hoUIS of the day at signalized
intersections. Signalized intersections west of 1-805 are not
to operate at a LOS below their 1991 LOS. No
intersection may reach LOS "E" or "F' during the average
weekday peak hoUI. Intersections of arterials with freeway
ramps are exempted from this Standard
E) Parks and Recreation Areas
The Threshold Standard for Parks and Recreation is 3
acres of neighborhood and community parkland with
appropriate facilities /1,000 population east of 1-805.
F) Drainage
The Threshold Standards require that storm water flows
and volumes not exceed Cay Engineering Standards.
Individual projects will provide necessary improvements
consistent with the Drainage Master Plants) and City
Potentially
Significant
Impact
o
o
o
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
o
o
o
Less Than
SignifiCant
Impact
x
x
x
o
x
No Impact
o
o
o
x
D
7-98
Issues:
Engineering Standards.
G) Sewer
The Threshold Standards require that sewage flows and
volumes not exceed City Engineering Standards.
Individual projects will provide necessary improvements
consistent with Sewer Master Plan(s) and City Engineering
Standards.
H) Water
The Threshold Standards require that adequate storage,
treatment, and transmission facilities are constructed
concurrencly with plalU1ed growth and that water quality
standards are not jeopardized during growth and
construction.
Applicants may also be required to participate in whatever
water conservation or fee off-set program the City of
Chula Vista has in effect at the time of building permit
issuance.
Potentially
Significant
Impact
D
D
Less Tban
Significant
Witb
Mitigation
Incorporated
D
D
Less Tban
Significant
Impact
x
x
No Impact
D
D
7-99
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a) The project would not induce substantial population growth; therefore, no impacts to library facilities would result. No
adverse impact to the City's Library Threshold standards would occur as a result of the proposed project.
b) According to the Police Department, adequate police protection services can continue to be provided upon completion
of the proposed project. The proposed project would not have a significant effect upon or result in a need for
substantial new or altered police protection services. No adverse impact to the City's Police Threshold standards
would occur as a result of the proposed project.
c) According to the Fire Department, adequate tire protection and emergency medical services can continue to be
provided to the project site. Although the Fire Department has indicated they will provide service to the project, the
project will contribute to the incremental increase in fire service demand throughout the City. This increased demand
on fire services will not result in a significant cwnulative impact. No adverse impact to the City's Fire and Emergency
Medical Threshold standards would occur as a result of the proposed project.
d) See Mitigated Negative Declaration, Section E; refer to the Transportation/Circulation Section addressing project
generated traffic conditions. Based upon the review of the proposed project design and traffic study no adverse
impacts to the City's Traffic Threshold standards would occur as a result of the proposed project.
e) The proposed project would not induce significant population growth and would not impact existing or proposed
recreational facilities. No adverse impacts to the City's recreational threshold standards will occur as a result of the
proposed project.
f) See Mitigation Declaration, Section E. Based upon the review of the project and preliminary hydrology study, the
Engineering Department has determined that there are no significant issues regarding the proposed drainage
improvements of the project site. The proposed 00- and off-site drainage improvements include the installation of a
new storm drain system including brow ditchs, grass swales, biretention areas, catch basins, a series of inlets and
piping, energy dissipaters, and subdrains. No adverse impacts to the City's drainage threshold standards will occur as a
result of the proposed project.
g) The project site is within the boundaries of the City of Chula Vista wastewater services area. The proposed project will
connect to an existing 8" sewer line along Hunte Patkway. Based on a maxiromn flow of half-full per the City's
Design Guidelines, the existing 8" sewer pipe has a capacity of 0.42 MGD. The calculated flow rate feeding the
existing line is approximately 0.21 million gallons per day. The High-Tech High Campus will add 0.06 MGD to the
existing line, creating a total capacity of 0.27, which is below the City's design capacity for the existing 8" sewedine.
Based upon the review of the project and preliminary sewer study, the City's Engineering Department has determined
that there are no significant issues regarding the proposed sewer improvements of the project site.
g) The project site is within the potable water service area of the Otay Water District. Pursuant to correspondence from
the Otay Water District, the project may be serviced from the existing water mains within Hunte Patkway in addition
to proposed new service systems designed in accordance with Otay Water District standards and required City
conditions of the project. No significant impacts to existing facility systems or the City's water threshold standards
will occur as a result of the proposed project.
Mitigation: No additional mitigation measures are required.
7-100
Issues:
XVIII. MANDATORY FINDINGS OF
SIGNIFICANCE
a) Does the project have the potenrm to degrade the
quality of the environment, substantially teduce the
habitat of a fish Ot wildlife species, cause a fish Ot
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable)
("Cumulatively considerable" means that the
incremenrnl effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current project, and the
effects of probable future projects.)
c) Does the project have environmental effects which
'\vill cause substantial adverse effects on human
beings, either direcily or indirecily?
Comments:
Potentially
Sigiiificliiit
Impact
Less Tban
Significant
Witb
Mitigation
Incorporated
No Impact
Less Tban
Significaiit
Impact
o
o
x
o
o
o
x
o
o
x
o
o
a) See Mitigated Negative Declaration, Section E. Potential short-term construction impacts are addressed in
the Mitigated Negative Declaration, Section E, under Biological Resources.
b) No cumulatively considerable impacts associated with the project when viewed in connection with the
effects of past projects, other current projects and probable future projects, have been identified.
c) The project will not cause substantial adverse effects on human beings, either directly or indirectly, as the
proposed project has been mitigated to lessen any potential significant impacts to a level of less than
significance.
Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate
potentially significant impacts to a level of less than significance.
7-101
XIX. PROJECT REVISIONS OR MITIGATION MEASURES:
Project mitigation measures are contained in Section F, Mitigation Necessary to Avoid Significant
Impacts, and Exhibit I, Mitigation Monitoring and Reporting Program, of Mitigated Negative
Declaration IS-07 -014
XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES
By signing the line(s) provided below, the Applicant and/or Operator stipulate that they have each read,
understood and have their respective company's authority to and do agree to the mitigation measures
contained in Mitigated Negative Declaration (IS-07-0I4), and will implement same to the satisfaction of
the Environmental Review Coordinator. Failure to sign below prior to posting of this Mitigated
Negative Declaration with the County Clerk shall indicate the Applicant and/or Operator's desire that
the Project be held in abeyance without approval and that the Applicant and/or Operator shall apply for
an Environmental Impact Report.
N/A
Printed Name and Title of Authorized Representative of
[Property Owner's Name]
N/A
Signature of Authorized Representative of
[Property Owner's Name]
Date
-sf u\ \tJ v\~ ~C;<:: I C 00
Printed Name and Title of
[Operator if dif ent from Property Owner]
utho lzed Representative of
fferent from Property Owner]
\ 1-/ I 0 ( at
Date
7-102
XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated,"
as indicated by the checklist on the previous pages.
0 Land Use and Planning X TransportationfT raffic 0 Public Services
0 Population and Housing X Biological Resources 0 Utilities and Service Systems
X Geophysical 0 Energy and Mineral 0 Aesthetics
Resources
0 Agricultural Resources
X HydrologyfWater 0 Hazards and Hazardous X Cultural Resources
Materials IPaleontological Resources
X Air Quality X Noise 0 Recreation
o Threshold Standards 0 Mandatory Findings of Significance
7-103
XXII. DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project could not have a significant effect on the
environment, and a Negative Declaration will be prepared.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because revisions in
the project have been made or agreed to by the project proponent. A Mitigated
Negative Declaration will be prepared.
I find that the proposed project may have a significant effect on the environment,
and an Environmental Impact Report is required.
I find that the proposed project may have a "potentially significant impact" or
"potentially significant unless mitigated" impact on the environment, but at least one
effect I) has been adequately analyzed in an earlier document pursuant to applicable
legal standards, and 2) has been addressed by mitigation measures based on the earlier
analysis as described on attached sheets. An Environmental Impact Report is
required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the
environment, because all potentially significant effects (a) have been analyzed
adequately in an earlier EIR or Negative Declaration pursuant to applicable standards
and (b) have been avoided or mitigated pursuant to that earlier EIR or Negative
Declara9,on, including revisions or mitigation measures that are imposed upon the
proposy"<}project, nothing further is required.
/1/II.l
/ Lvw'
( I
I f
lZ--i II lOr
Date l
Glen La e
Senior Planner
City ofChula Vista
J:\Planning\GLaube\Otay Ranch\High Tech High\MND\Final\FINAL~ IS-07-014_HTH_CHKLIST _12-11-07.doc
D
x
D
D
D
7-104
~erf\+ 4
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE FINAL MITIGATED
NEGATIVE DECLARATION MND (IS-07-014) FOR THE
HIGH TECH HIGH UNIVERSITY PARK PROJECT; AND
ADOPTING A MITIGATION MONITORING AND
REPORTING PROGRAM (MMRP) PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, High Tech High Learning, submitted applications requesting approvals for a
Rezone from Planned Community (PC) to Public/Quasi Public (PQ), and a Conditional Use Permit,
for a lO-acre Public Charter High School and ElementarylMiddle School facility ("Project") located
at the southeastern comer of the Hunte Parkway / Discovery Falls Drive intersection; and
WHEREAS, on July 13, 2007, a Notice of Initial Study (N0l) was circulated to property
owners and residents within a 500-foot radius of the proposed project site; and
WHEREAS, Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has conducted an Initial Study (IS-
07-014) in accordance with the California Environmental Quality Act. Based upon the results of the
Initial Study the Environmental Review Coordinator has determined that the project could result in
significant impacts on the environment. However, revisions to the project made by or agreed to by
the applicant would avoid the effects or mitigate the effects to a point where clearly no significant
effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated
Negative Declaration (MND IS-07-014) and associated Mitigation Monitoring and Reporting
Prograrn (MMRP); and
WHEREAS, on November 7,2007, a Notice of Availability (NOA) for Draft MND IS-07-
014 was posted at the County of San Diego Clerks Office and circulated for a 30-day public review
period to property owners and residents within a 500-foot radius of the proposed project site as well
as any individuals and/or groups that had requested to be noticed; and
WHEREAS, the Chula Vista Resource Conservation Committee held a duly noticed public
hearing for Draft MND IS-07-014 on November, 192007 and voted 4-0-1-2 recommending that the
City Council certify MND 07-014 and adopt the MMRP; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for
Final MND IS-07-014 on December 18, 2007 and voted X-X-X-X recommending that the City
Council adopt Final MND 07-014 and adopt the MMRP in accordance with Resolution
and
WHEREAS, the Chula Vista City Council held a duly noticed public hearing for the Final
MND IS-07-014 and MMRP on December 18, 2007; and
WHEREAS, the City Council considered Final MND IS-07-014 together with any
comments received during the public review process; and
7-105
WHEREAS, the Final MND IS-07-014 and other related materials are located in the
Planning and Building Department and maintained by the custodian of said documents who is the
Director of Planning and Building. This constitutes the record of proceedings upon which this
adoption of Final MND IS-07-014 is based.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of
Chula Vista does hereby find, determine, and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing on Final MND 07-014 held on December 18, 2007, as well as the minutes and
resolutions resulting therefrom, are hereby incorporated into the record of this proceeding.
These documents, along with any documents submitted to the decision-makers, including
documents specified in Public Resources Code Section 21167.6, subdivision(s), shall
comprise the entire record of proceedings for any claims under the California Environmental
Quality Act ("CEQA") (Public Resources Code 921000 et seq)
II. MND IS-07-014 CONTENTS
That the MND IS-07-014 consists of the following:
1. Initial Study Checklist IS-07-014; and
2. Mitigated Negative Declaration IS-07-0140 (including supporting technical reports)
3. Comments and Responses
4. Mitigation Monitoring and Reporting Program
(All hereafter collectively referred to as "MND IS-07-014")
III. CERTIFICATION OF COMPIANCE WITH CALIFORNIA
ENVIRONMENTAL QUALITY ACT
That the City Council does hereby find that MND IS-07-014 (Exhibit "A" to this Resolution,
a copy which is on file with the office of the City Clerk), and the Mitigation Monitoring and
Reporting Program are prepared in accordance with the requirements of CEQA (Pub.
Resources Code, S21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14
SI5000 et seq.), and the Environmental Review Procedures of the City ofChula Vista.
Mitigation Measures Feasible and Adopted
As more fully identified and set forth in MND IS-07-014, the City Council hereby
finds pursuant to Public Resources Code Section 21080(c)(2) and CEQA Guidelines
Section 15074.1 that the mitigation measures described in the above referenced
documents are feasible and will become binding upon the entity assigned thereby to
implement the same.
7-106
Adoption of Mitigation Monitoring and Reporting Program
As required by Public Resources Code Section 21081.6, the City Council hereby
adopts the Mitigation Monitoring and Reporting Program (Program) set forth in
MND IS-07-014. The City Council further finds that the Program is designed to
ensure that, during project implementation, the permittee/project applicant and any
other responsible parties implement the project components and comply with the
mitigation measures identified MND IS-07-014 and associated Program.
IV. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council has exercised their independent review and judgment and hereby finds on
the basis of the whole record before it that there is no substantial evidence that the project
will have a significant effect on the environment and concurs with the Planning Commission
and Environmental Review Coordinator's determination that Mitigated Negative
Declaration IS-07-014 in the form presented has been prepared in accordance with
requirements of the California Environmental Quality Act (CEQA) the State CEQA
Guidelines and the Environmental Review Procedures of the City ofChula Vista and adopts
the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-
07-014).
V. NOTICE OF DETERMINATION
That the Environmental Review Coordinator of the City ofChula Vista is directed after City
Council approval of this Project to ensure that a Notice of Determination is filed with the
County Clerk of the County of San Diego. These documents, along with any documents
submitted to the decision-makers, including documents specified in Public Resources Code
Section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any
claims under the California Environmental Quality Act ("CEQA") (Public Resources Code
g21000 et seq.).
BE IT FURTHER RESOL VED THAT the City Council of the City of Chula Vista finds
that the MND IS-07-014 and Mitigation Monitoring and Reporting Program have been prepared in
accordance with the requirements of CEQA (public Resources Code Section 21000 et seq.), CEQA
Guidelines (California Code Regs. Title 14 Section 15000 et seq.), and the Environmental Review
Procedures of the CityofChula Vista, and therefore is adopted.
Presented by
Approved as to form by
James D. Sandoval, AICP
Planning and Building Director
Ann Moore
City Attorney
Exhibit A Mitigated Negative Declaration IS-07-014
7-107
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 18th day of December, 2007, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Cheryl Cox, Mayor
ATTEST:
Susan Bigelow, City Clerk
ST ATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 18th day of December, 2007.
Executed this 18th day of December, 2007.
Susan Bigelow, City Clerk
J :\PLANNINGIHAROLDlREsOLVTlONSIIS-07-0 14MNDREso.DOC
7-108
~lYle,n+-S
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
THE ZONING MAP ESTABLISHED BY 19.18.010 AND APPROVING
A ZONE CHANGE RE-ZONING 10-ACRES OF LAND FROM
PLANNED COMMUNITY (PC) TO PUBLIC QUASI PUBLIC (PQ),
LOCATED AT THE SOUTHEAST CORNER OF THE DISCOVERY
FALLS DRIVE EXTENSION AND HUNTE PARKWAY WITHIN
OTAY RANCH UNIVERSITY PLANNING AREA 10.
WHEREAS, the subject matter of this Ordinance is the Zoning Map established by Chapter
19.18.010 of the Chula Vista Municipal Code, and the area of the Zoning Map to be used as the
project area is identified as Exhibit "A," attached hereto; and,
WHEREAS, an application was made by High Tech High Learning ("Applicant") to amend
the Zoning Map was filed with the City of Chula Vista Planning and Building Department on
October 17, 2006; and,
WHEREAS, the applicant proposes to rezone the 10-acre project area that is located within
Otay Ranch University Planning Area 10 from Planned Community (PC) to Public Quasi-Public
(PQ) ("Project"); and,
WHEREAS, the 1 O-acre proj ect site is owned by the City of Chula Vista, and on January 23,
2007, the City Council approved a lease with High Tech High Learning for a 50-year term, with two
25-year options at a rate of $1 per year; and,
WHEREAS, the structure ofthe lease will allow the City to retain long-term ownership and
control of the property, while High Tech High Learning will be responsible for all costs associated
with the development and maintenance of their facilities; and,
WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has conducted an Initial Study (IS-
07-014) in accordance with the California Environmental Quality Act. Based upon the results of the
Initial Study the Environmental Review Coordinator has determined that the project could result in
significant impacts on the environment. However, revisions to the project made by or agreed to by
the applicant would avoid the effects or mitigate the effects to a point where clearly no significant
effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated
Negative Declaration (MND 1S-07-014) and associated Mitigation Monitoring and Reporting
Program (MMRP); and,
WHEREAS, the Planning Commission recommended approval of the project at a public
hearing held at a time and place advertised, namely 5:00 pm on December 18,2007, in the Lee
Conference Room, 430 F Street; and,
7-109
Ordinance No.
Page 2
WHEREAS, the City Council set the time and place for a hearing on said zone change
(PCZ-07-03) and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and its mailing to property owners within 500 feet of the
exterior boundaries of the Project site at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
December 18,2007, in the Council Chambers, 276 Fourth Avenue and said hearing was thereafter
closed.
NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain as
follows:
I. ACTION
Hereby amends the Zoning Map, re-zoning the IO-acre project site for the High Tech High
Learning campus from Planned Community (PC) to Public Quasi-Public (PQ), finding that it
is consistent with the City of Chula Vista General Plan, the Otay Ranch General
Development Plan, and all other applicable Plans, and that the public necessity, convenience,
general welfare and good planning and zoning practice support their approval and
implementation.
II. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
Presented by
Approved as to form by
Jim Sandoval
Planning and Building Director
Ann Moore
City Attorney
7-110
Ordinance No.
Page 3
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista,
California, this 18th day of December 2007, by the following vote:
AYES: Council members:
NAYS: Council members:
ABSENT: Council members:
ABSTAIN: Council members:
Cheryl Cox, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 18th day of December 2007.
Executed this 18th day of December 2007.
Susan Bigelow, City Clerk
J :IPLANNINGIHAROLD\REsOLUTIONSIPCZ-07-03CCORD.DOC
7-111
~M~
RESOLUTION NO. 2007-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A CONDITIONAL USE
PERMIT, PCC-07-024, TO HIGH TECH HIGH SCHOOL
LEARNING, LOCATED AT THE SOUTHEAST CORNER
OF THE DISCOVERY FALLS DRIVE EXTENSION AND
HUNTE PARKWAY.
A. RECIT ALS
I. Project Site
WHEREAS, the parcels which are the subject matter of this resolution are
represented in Exhibit A attached hereto and incorporated herein by this reference, and
for the purpose of general description are located at the southeast corner of Discovery
Falls Drive Extension and Hunte Parkway, APN 643-070-10-00 ("Project Site"); and
2. Project Applicant
WHEREAS, on October 17, 2006 a duly verified application for a Zone Change
and Conditional Use Permit (PCC-07-024) was filed with the City of Chula Vista
Planning Department by High Tech High Learning ("Applicant"); and
3. Project Description; Environmental Determination
WHEREAS, said Applicant requests permission to construct a Public Charter
High School, ElementarylMiddle School, and Environmental Learning Center ("Project")
on a 10-acre property located on said Project Site; and
WHEREAS, said Applicant requests a rezone of the property from Planned
Community (PC) to Public Quasi Public (PQ), which would provide for a Conditional
Use Permit approval to authorize construction of a Public Charter High School,
ElementarylMiddle School, and Environmental Learning Center on a IO-acre property
located on said Project Site; and
WHEREAS, Environmental Review Coordinator has reviewed the proposed
Project for compliance with the California Environmental Quality Act and has conducted
an Initial Study (IS-07-014) in accordance with the California Environmental Quality
Act. Based upon the results of the Initial Study the Environmental Review Coordinator
has determined that the project could result in significant impacts on the environment.
However, revisions to the project made by or agreed to by the applicant would avoid the
effects or mitigate the effects to a point where clearly no significant effects would occur;
therefore, the Environmental Review Coordinator has prepared a Mitigated Negative
Declaration (MND IS-07-014) and associated Mitigation Monitoring and Reporting
Program (MMRP); and
7-112
Resolution No.
Page 2
4. Planning Commission Record of Application
WHEREAS, a hearing time and place was set by the Planning Commission for
consideration of the Project and notice of said hearing, together with its purpose, was
given by its publication in a newspaper of general circulation in the City, and its mailing
to property owners and residents within 500 feet of the exterior boundaries of the
property, at least ten (10) days prior to the hearing; and
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on December 18, 2007 and recommended that the City Council approve the
Project in accordance with Planning Commission Resolution No. PCC-07-024; and
WHEREAS, the Planning Commission reviewed and considered the Mitigated
Negative Declaration (MND 1S-07-014) and associated Mitigation Monitoring and
Reporting Program (MMRP), along with the applications for a Zone Change (PCZ-07-
03), and a Conditional Use Permit (PCC-07-024); and
WHEREAS, the Planning Commission after considering all evidence and
testimony presented recommended by a vote of X-X-X-X that the City of Chula Vista
City Council adopt Mitigated Negative Declaration (MND 18-07-014) and associated
Mitigation Monitoring and Reporting Program (MMRP) and approve the Zone Change
(PCZ-07-03) and the Conditional Use Permit (PCC-07-024); and
WHEREAS, the applicant has requested that the Planning Commission motion
and vote to approve the Project, along with any relevant comment be forward to the City
Council for their consideration at a public hearing to be held immediately following the
Planning Commission action; and
5. City Council Record of Application
WHEREAS, a hearing time and place was set by the City Council of the City of
Chula Vista for consideration of the Project and notice of said hearing, together with its
purpose, was given by its publication in a newspaper of general circulation in the City,
and its mailing to property owners and residents within 500 feet of the exterior
boundaries of the property, at least ten (10) days prior to the hearing; and
WHEREAS, a duly called and noticed public hearing on the Project was held
before the City Council of the City of Chula Vista on December 18,2007; to receive the
recommendation of the Planning Commission, and to hear public testimony with regard
to the same.
WHEREAS, the City Council of the City of Chula Vista reviewed and
considered the Mitigated Negative Declaration (MND 18-07-014) and associated
Mitigation Monitoring and Reporting Program (MMRP), Zone Change (PCZ-07-03), and
Conditional Use Permit (PCC-07-024); and
7-113
Resolution No.
Page 3
WHEREAS, the City Council of the City of Chula Vista after considering all
evidence and testimony presented voted X-X-X-X to adopt Mitigated Negative
Declaration (MND IS-07-0l4) and associated Mitigation Monitoring and Reporting
Program (MMRP) and to approve the Zone Change (PCZ-07-03) and the Conditional Use
Permit (PCC-07 -024) based on the findings and in accordance with the conditions listed
below.
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby
find, determine, and order as follows:
B. PLANNING COMMISSION RECORD
Record of the proceedings of the Planning Commission at their public hearing on
December 18, 2007, including their vote upon Planning Commission Resolution No.
PCC-07-024 recommending approval, along with any relevant comments, have been
provided to the City Council and are hereby incorporated into the record of this
proceeding. These documents, along with any documents submitted to the decision
makers, shall comprise the entire record of the proceedings for any California
Environmental Quality Act (CEQA) claims.
C. CONDITIONAL USE PERMIT FINDINGS
The City Council of the City of Chula Vista does hereby make the findings required
pursuant to the Chula Vista Municipal Code (CVMC 19.14.080) for the issuance of
conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the
evidentiary basis that permits the stated finding to be made.
I. That the proposed use at this location is necessary or desirable to provide a
service or facility which will contribute to the general well being of the
neighborhood or the community.
The proposal by High Tech High is strategically aligned with the goals and
objectives of the UPRC and the City of Chula Vista, and will enhance the efforts
of the City to develop the UPRC as an area where synergies between educational
institutions and the high tech industry will develop and be fostered.
HTH Learning is a high profile charter organization with an established reputation
for engaging regional and national commercial sector and non-profit partners. The
presence of HTH Learning in the UPRC may increase the visibility of the UPRC
and assist the City in its efforts to seek out education partners at all levels of
academia, furthering the goals and objectives the City Council has established for
the development of the UPRC.
The primary goals of the High Tech High Environmental program at this location
are to provide students with relevant academic and workplace skills, to prepare
graduates for rewarding lives in an increasingly technological and global society,
and to increase the number of low income and minority students who succeed in
7-114
Resolution No.
Page 4
high school and postsecondary education and who become productive members
and leaders in the high-technology industries.
The HTH Learning project will be the first project to be developed in the City's
University Park and Research Center (UPRC). This project will help establish the
UPRC with an academic facility, promote future environmental studies, and pave
the way for prototype sustainable development occurring in Chula Vista.
With the presence of HTH Learning High School, ElementarylMiddle School, and
Environmental Learning Center, the UPRC will eventually offer unique
collaborative opportunities between education and research facilities. It is
anticipated that HTH Learning will also provide and promote interactivity
between the future University and the proposed High School Environmental
Research Center and ElementarylMiddle School carnpus.
The proposed schools' academic mission and research facilities will provide future
collaboration and research opportunities with the National Energy Center for
Sustainable Communities, which will also be located at the University Park and
Research Center (UPRC), as well as future academic partners within the campus.
The proposal by High Tech High is strategically aligned with the goals and
objectives of the UPRC and the City ofChula Vista, and will enhance the efforts of
the City to develop the UPRC.
Based on the compatibility between the goals of the UPRC and HTH, the
proposed Public Charter High School and ElementarylMiddle School facility is a
desirable land use that will contribute to the future University Park land use as
well as the general well being of the surrounding Otay Ranch community and the
South Bay region.
2. That such use will not under the circumstances of the particular case be
detrimental to the health, safety or general welfare of persons residing or
working in the vicinity or injurious to property or improvements in the
vicinity.
The proposed Public Charter High School and ElernentarylMiddle School facility
will not be detrimental to the health, safety or general welfare of persons residing
or working in the vicinity or injurious to property or improvements in the vicinity.
The use is subject to conditions that will provide the necessary controls and
maintenance of the facilities so that activities On the site shall not become
detrimental to the health, safety or general welfare of persons residing or working
in the vicinity or injurious to property or improvements in the vicinity.
7-115
Resolution No. Page 5
3. That the proposed use will comply with the regulations and conditions
specified in the code for such use.
The proposed Public Charter High School and ElementarylMiddle School facility
will be developed and maintained in compliance with the Otay Ranch General
Development Plan (GDP) and the Zoning Code as well as the conditions specified
in this Conditional Use Permit. The conditions of approval require compliance
with all applicable codes and regulations on an on-going basis for use of the
facilities on the proposed project site. In addition, this project site may be
included within the Sectional Planning Area (SPA) Plan to be developed for the
surrounding University Planning Area 10, and as such will be required to be
maintained in compliance with the regulations and conditions specified in that
future document
4. That the granting of this Conditional Use Permit will not adversely affect the
General Plan of the City or the adopted plan of any government agency.
The granting of this permit will not require amendments to the Chula Vista
General Plan, or the Otay Ranch General Development Plan, and as such does not
affect the future long-range planning of the University Park Planning Area 10 as
the future land use surrounding the project site. This project site may be included
within the Sectional Planning Area (SPA) Plan to be developed for the
surrounding University Planning Area 10, and as such will be required to be
maintained in compliance with the regulations and conditions specified in that
future document, such that it will not adversely affect said University SPA Plan.
D. TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Permit PCC-07-024 subject to the
following conditions whereby the Applicant shall:
1. The subject property ("Project") shall be developed and maintained in conformance
with the approved application, plans, and specifications. Any proposed changes to
the approved plans or specifications will require review and approval for a substantial
conformance and/or changes/modification to this Conditional Use Permit
2. The Applicant shall comply with the following project description and hours of
operation: The primary hours of operation for the two proposed schools will be from
8:30 AM to 4:00 PM Monday through Friday. Limited ancillary activities offered
before and after school hours and weekends and holidays are anticipated as welL The
start and end times for the High School and ElementarylMiddle School shall be
staggered to minimize traffic congestion during peak drop-off and pick-up times.
3. The Applicant shall comply with the table provided in the Mitigated Negative
Declaration showing the phasing plan for the High School and ElementarylMiddle
School and comply with the maximum student capacities for 550 High School
students and 700 ElementarylMiddle School students.
7-116
Resolution No.
Page 6
4. The Applicant shall provide planting and irrigation plans. All planting, excluding the
hydro-seed mix turf groundcover, shall be on permanent irrigation systems. Provide
planting and irrigation plans in conformance with the conditions of approval for
review and approval by the Landscape Planner prior to issuance of building permit.
In addition, a water management plan shall be required in conjunction with the
planting and irrigation plans for each phase for review and approval by the Landscape
Planner prior to issuance of building permit.
5. The Applicant shall comply with all requirements of the Building Division, including
the following: Submit architectural plans that are stamped and signed by a licensed
architect. Plans shall include a site plan and building elevations that are consistent
with this approval. Structural plans and calculations must be stamped and signed by a
California Registered Civil/Structural Engineer. Project shall comply with 2007
CBC, CMC, CPC, and 2004 CEC. Seismic Zone 4, Wind Speed 70 MPH Exposure
C. Soils Report Required. Project plans shall comply with 2001 Handicapped
Accessibility Requirements, 2005 Energy requirements.
6. The Applicant shall provide a graffiti resistant treatment for all wall and building
surfaces. This shall be noted on any building and wall plans and shall be reviewed
and approved by the Planning Director prior to issuance of building permits.
Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the
Chula Vista Municipal Code regarding graffiti control.
7. The Applicant shall submit a Lighting Plan for the facilities, which demonstrates that
the proposed lighting will be shielded to remove any glare from adjacent properties.
The lighting shall be maintained in conformance with Section 17.28.020 of the
Municipal Code.
8. The Applicant shall implement, to the satisfaction of the Director of Planning and
Building and the Environmental Review Coordinator, all mitigation measures
identified in the Final Mitigated Negative Declaration (IS-07-014) and Mitigation
Monitoring and Reporting Program in accordance with the requirements, provisions
and schedules contained therein. Modification of the sequence of mitigation shall be
at the discretion of the Director of Planning and Building and Environmental Review
Coordinator.
9. The Applicant shall implement, to the satisfaction of the City Engineer and Director
of Planning and Building, staggered school start and dismissal times to further
alleviate traffic conditions during the peak drop off/pick-up period.
10. The Applicant shall provide a commercial trash enclosure large enough for solid
waste, mixed paper, and a cart for food and beverage containers to meet the minimum
50 percent recycling requirement. Commercial properties must have trash enclosures,
bins, or carts that meet design specifications. The locations and orientation of storage
bins and dumpsters must be pre-approved by the City's Recycling Coordinator and
7-117
Resolution No.
Page 7
the City franchise trash hauling company. Provide sufficient space for designated
recyclables. A shared paper/cardboard bin, along with food and beverage container
cart with other storage may be permitted by the City's Recycling Coordinator and the
City franchise trash hauling company.
II. The Applicant shall submit building plans designating a fire lane around the perimeter
of the entire complex to the satisfaction of the Fire Marshal. Where alternative
paving is proposed to be used on a portion of the fire lane, the surface and sub-surface
treatment must be approved by the Fire Department.
12. The Applicant shall ensure that automatic gates at the front of the school along Hunte
Parkway are equipped with both an Opticom Detection System and a Knox Key
Switch override. In the event that a regular power source is lost, an alternative power
source to operate the automatic gate shall be provided.
13. The Applicant shall provide a turn around to the satisfaction of the Fire Marshal.
Prior to Phase Two the turnaround will be provided to the east side of the school. The
turning radius shall be shown on building plans, which shall be reviewed and require
approval by the Fire Marshal.
14. The Applicant shall obtain a security survey from the Crime Prevention Unit of the
Police Department. Specific recommendations shall be provided for access control,
surveillance detection, and police response. In addition, training of management and
employees in security procedures and crime prevention shall coincide with the
commencement of operations.
15. The following fees will be required based on the final building plans submitted: (a)
Sewer Connection and Capacity Fees based on all new construction or additional
plumbing fixtures, (b) Traffic Signal Fees, based on the difference between the
existing and proposed use (c) Development Impact Fees (DIF), including the Salt
Creek Sewer DIF, The Public Facilities DIF (PDIF), and The Transportation DIF
(TDIF).
16. The Applicant shall ensure that the development of this project complies with all
requirements of State Water Resources Control Board (SWRCB) NPDES General
Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm
Water Runoff Associated with Construction Activity. In accordance with said
Permit, a Storm Water Pollution Prevention Plan (SWPPP) and a Monitoring Program
Plan shall be developed and implemented concurrent with the commencement of
grading activities to the satisfaction of the City Engineer. The SWPPP shall specify
both construction and post-construction structural and non-structural pollution
prevention measures. The SWPPP shall provide for the operation and maintenance of
post-construction pollution measures, including short-term and long-term funding
sources and the party or parties that will be responsible for the implementation of said
measures, which shall be subject to review and approval by the City Engineer. A
complete and accurate Notice-of-intent (NO!) must be filed with the SWRCB. A
7-118
Resolution No.
Page 8
copy of the acknowledgement from the SWRCB that a NO! has been received for this
Project shall be filed with the City of Chula Vista when received. Further, a copy of
the completed NO! from the SWRCB showing the Permit Number for this project
shall be filed with the City of Chula Vista when received. Project shall comply with
the permit and SWRCB.
! 7. Pursuant to NPDES Municipal Permit, Order No. 2001-01, the proposed Project is
considered a Priority Development Project and therefore subject to the requirements
of the Standard Urban Storm Water Mitigation Plans (SUSMPs) and Numeric Sizing
Criteria. The Applicant is required to complete the applicable forms (see City of
Chula Vista's Development and Redevelopment Storm Water Management
Requirements Manual) and comply with the Manual's requirements.
18. A Water Quality Technical Report is required to identify potential pollutants
generated at the site during the post-development phase of the project and to
identify/propose appropriate structural and non-structural Best Management Practices
(BMPs) to minimize discharge of such pollutants to the maximum extent practicable.
19. The San Diego Regional Water Quality Control Board adopted a new National
Pollutant Discharge Elimination System (NPDES) Municipal Permit for the San
Diego Region in December 2006. Under the new permit, the Applicant may be
subjected to additional requirements that the Applicant will be required to meet,
depending on the time development takes place and the time at which the Applicant
applies for building permits.
20. The internal circulation plan for the school shall be reviewed and approved by the
City Engineer.
21. The site plan for the school shall not prevent the future placement of a pedestrian
bridge over Hunte Parkway. Applicant shall provide pedestrian access to the future
pedestrian bridge from the south to the satisfaction of the City Engineer.
22. The site shall be developed and maintained in accordance with the approved plans
which include site plans, architectural elevations, exterior materials and colors,
landscaping, sign program and grading on file in the Planning Division, the
conditions contained herein, and Title 19.
23. Prior to any use of the project site or business activity being commenced thereon, all
Conditions of Approval shall be completed to the satisfaction of the Planning
Director.
24. This Conditional Use Permit approval shall expire if building permits are not issued
or the approved use has not commenced within one year from the date of this
approval, unless a written request for an extension is received prior to the expiration
date.
7-119
Resolution No.
Page 9
25. All buildings, parking and landscaping shall be maintained according to the approved
plans, unless modifications are approved by the City ofChula Vista.
26. The Hours of Operation shall be maintained according to the approved hours of
operation tables, unless modifications are approved by the City of Chula Vista.
27. Fire lanes are to be maintained and have an unobstructed width of not less than 20-ft.
width and 13-1/2-ft. vertical clearance.
28. Applicant shall maintain catch basin filters on site, which shall be periodically
inspected as scheduled by the City of Chula Vista Engineering Department.
29. The Applicant shall comply with all applicable federal, state, and local requirements.
Any violation of applicable City ordinances, codes, standards, and policies, or of any
condition of approval shall be grounds for revocation or modification of this
Conditional Use Permit by the City of Chula Vista. Violation of any terms or
conditions set forth herein shall be grounds for revoking or denial of building permits.
30. This Conditional Use Permit shall be subject to any and all new, modified or deleted
conditions imposed after approval of this permit to advance a legitimate
governmental interest related to health, safety or welfare which the City shall impose
after advance written notice to the Permittee and after the City has given to the
Permittee the right to be heard with regard thereto. However, the City, in exercising
this reserved right/condition, may not impose a substantial expense or deprive Permit-
tee of a substantial revenue source from which the Permittee cannot, in the normal
operation of the use permitted, be expected to economically recover.
31. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold
harmless City, its Council members, officers, employees, agents and representatives,
from and against any and all liabilities, injury, including personal injury,
dismemberment or death, losses, damages, demands, claims and costs, including
court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising
out of or related to, directly or indirectly, from (a) City's approval and issuance of
this conditional use permit, (b) City's approval or issuance of any other permit or
action, whether discretionary or non-discretionary, in connection with the use
contemplated herein. Applicant/operator shall acknowledge their agreement to this
provision by executing a copy of this conditional use permit where indicated, below.
Applicant's/operator's compliance with this provision is an express condition of this
conditional use permit and this provision shall be binding on any and all of
Applicant's/operator's successors and assigns.
E. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(1), NOTICE IS HEREBY GIVEN that the
90 day period to protest the imposition of any impact fee, dedication, reservation, or other
exaction described in this resolution begins on the effective date of this resolution and
7-120
Resolution No.
Page 10
any such protest must be in a manner that complies with Section 66020 (a) and failure to
follow timely this procedure will bar any subsequent legal action to attack, review, set
aside, void or annul imposition. The right to protest the fees, dedications, reservations, or
other exactions does not apply to planning, zoning, grading, or other exactions, which
have been given notice similar to this, nor does it revive challenges to any fees for which
the Statute of Limitations has previously expired.
F. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicant shall execute this document by signing the lines
provided below, said execution indicating that the property owner and applicant have
each read, understood, and agreed to the conditions contained herein. Upon execution,
this document shall be recorded with the County Clerk of the County of San Diego, at the
sole expense of the property owner and/or applicant, and a signed, stamped copy of this
recorded document will be filed within ten days of recordation with the City Clerk. The
filing shall indicate the property owners/applicant's desire that the project, and the
corresponding application for building permits and/or a business license, be held in
abeyance without approval. Said document will also be on file in the City Clerk's Office
and known as document No.
Signature of Property Owner
Date
Signature of Applicant Representative
Date
G. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision, and condition herein stated;
and that in the event that anyone or more terms, provisions, or conditions are determined
by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this
resolution and the permit shall be deemed to be automatically revoked and of no further
force and effect ab initio.
Presented by
Approved as to form by
Jim Sandoval
Planning and Building Director
Ann Moore
City Attorney
7-121
Resolution No.
Page 11
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 18th day of December, 2007, by the following vote:
AYES: Council members:
NAYS: Council members:
ABSENT: Council members:
ABSTAIN: Council members:
Cheryl Cox, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CllliLA VISTA)
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 18th day of December 2007.
Executed this 18th day of December 2007.
Susan Bigelow, City Clerk
J :\PLANNINGIHAROLD\REsoLUTlONsIPCC-07-024CCREso.noc
7-122
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BUIlding Department
Planning Division I Development Processing
APPLICATION . DEVELOPMENT PROCESSING . TYPE B
Part I
Phone:
Applicant's Interest in Property (If applicant is not the owner, the owner's authorization signature at the end of this form is required
to process this request.) DOwn 181 Lease 0 In escrow DOpUon to purchase 5--" k I c. C
Engineer/Agent: -I.-A Address: 'l-t-!;S c.\(<"rLJ'r,~',\- IV\'L," f;LJ SJ) '12''"-
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Type of Review Requested
D General Plan Amendment
o General Development Plan ONew (or) OAmendment
D SPA/Specific Plan DNew (or) DAmendment
51' Zone Change
o Tentative Subdivision Map
o Annexation
D Other:
Contact ./ \j
Phone:
o Email address of primary contact
Primary contact is:
:-::')tt
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Project Name:
General Description 0 roposed Project:
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Proposed Use: v.. , 'hI, ( C\\(,,-\'v.s k, \ (Oo~l'-0
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Subject Property Information (all types)
Location/Street Address: S D,J~(J(; <;~- (0 (" i'JL.,'" -rJ..\-
Assessors Parcel #: C/-t 3 -- 01-0 -' (0 Total Acreage:
General Plan Designation; ~ ?c
Planned Community (if applicable): LJ ,"\ -1 V uS I
Current land Use: \J ('-. L.o::..", -\--
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Redevelopment Area (ir applicable):
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General plan Amendment
c
00'\'2.(,)
~o
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Within Montgomery Specific Plan? 0 Yes
Proposed land Use Designation: ~
Justification for General Plan change:
276 Fourth Avenue
(hula Vista I Caldornia
7-123
91910
(6191691-\10]
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APPLICATION . DEVELOPMENT PROCESSING . TYPE B
Part 2
em OF
CHUIA VISTA
General Development Plan
General Development Plan Name:
Proposed Land Uses / Total Acres:
Commercial /
Parks /
Community Purpose /
Public/Quasi /
Acres
Acres
Acres
Industrial /
Schools /
Circulation /
Acres
Acres
Acres
Acres
Open Space /
Acres
Residentiolf Range:
Single Family Detached /
Single family Attached /
Duplexes /
Apartments /
Condominiums /
to Units Acres
to Units Acres
to Units Acres
to Units Acres
to Units Acres
to Units Acres
TOTALS /
Annexation
Prezoning:
LAFCO Reference #:
Tentative Subdivision Map
SubdIvision Name:
CV Tract #:
Minimum lot size:
Number of units:
Average lot size:
Zone Change
~ Rezoning
Proposed zoning:
o Pre zoning
70.
o Setback
Authorization
Print applicant name:
SrJ WaIf4/(J
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LAV'1I")
Date:
loflLle.,
Applicant Signature:
Print owner name.:
Owner Signature.: Date:
.Proof of ownership may be required. lener of consent may be provided in lieu of signature.
276 Fourth Avenue
(hula Vista 1 California
7-124
91910
(6191 691~5101
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0lY OF
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APPLICATION . DEVELOPMENT PROCESSING . TYPE A
Part 1
T e of Review Re uested
A licatian Information
Applicant Name _H \ \-\
Applicant Address J.. '3 b \
Contact Name ifY\ 0.....0....
Le_Q''';f\~
'WOrY\b\e KoaA
So..l\1r, Phone ({, i '1)
~ Conditional Use Permit
g. Design Review
o Variance
D Special Use Permit (redevelopment area only)
D Misc.
~" G; e.'(S', L ,1\
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Applicant's Interest in Property (If applicant is not the owner, the owner's authorization signature at the end of this form is required
to process this request,) 0 Own 121 Rent 0 Other:
<2S.hitec0Agent c;tIlA;n E Arc\-';h\-.s Address:::2.'111 SU:'D"\A A0'L S-i:) CI~ 'J;;wa
Contact Name: ~") i, l IrADf\ Phone:~,., \ q \ d:S r::, - q ~ {.,:l '
Primary contact is: D11Applicant 0 Architect! Agent Emall of primary contact lY\ So." Au5.G::o '" '010 -hcd"h'(j ~ 'O'd
General Project Description (all types)
Project Name: 81
General Description of Proposed Project: u"'"
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Has this project received pre-application review comments?
'-' hl,,_
( 0 iAe..r .
IS;(Yes (Date:)
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Subject Property Information (all types)
Location/Street Address: S"c>'ihQRsl- (oeM_, o~ 1i\k.r,ec\)'1('1 ".(:.. I+UAk Pl::..uJO ~^.\. \),\'(0""'0 "..II
Assessor's Parcel #: c''-i?'- D 70 - I 0 Total Acreage: 'i?S. '-I"" Redevelopment Area (if applicable): f1A-
General Plan Designation:' Zone Designation: ?C:
Planned Community (if applicable): ..... \ ve" j k. u.. =~ei': re'" (Q... k (l) P 2 c..)
Current Land Use: \J o....La....A -\- Within Montgomery Specific Plan? DYes M'No
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'^--Lr<L..... 5~,--~c"l. o+- ~ \.:J..{~r 'l<; L'--C'~ pe:...;-c",-'."
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Proposed Project (all types)
Type of use proposed: 0 Residential
Landscape Coverage (% of lot):
o Commercial
" .. . .
o Industrial [iJ Other: rei\' I. ( U'{'Jk- <:,\. c..l Go.:~r-
Building Coverage (% of lot): ;t3 Z
276 Fourth Avenue
(hula Vista I California
7-125
919\0
(6\9169\.5101
!'O(ffi 320
Rav 5 OJ
Pg1/2
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APPLICATION . DEVELOPMENT PROCESSING . TYPE A
Part 2
CrrYOf
CHULA VISTA
Residential Project Summary
Type of dwelling unlt(s):
Dwelling unil>:
Number of lots:
PROPOSED
EXISTING
1 Bedroom
2 Bedroom
3 + Bedroom
TOTAL
Density (DU/acre):
Maximum building height:
Minimum lot size:
Average lot size:
Parking Spaces:
Required by code: Provided:
Type of parking (i.e. size; whether covered. etc.):
Open space description (acres each of private, common, and landscaping):
Non-Residential Project Summary
Gross fioor area: . I o,313ZCL Proposed: j~3lfCL Existi~ 0 Building Height: SO ~~ Q::\-
Hours of operation (days & hours): Mnrv1.o.U '\hru(:)~ . \-6 ~z), '6: <,0 (] ,', - y ;00 pn"-'
Anticipated number of employees: (" L{ Maximum number of employees at anyone time: ~y
Number and ages of students/children (if applicable): II - \ 1) UOJ'-'<; Seating capacity: 0
Parking Spaces:
Required by code:
Type of parking (i.e.
\ <, b
Provided:
13 G,
size; whether covered, etc.): 'i{. ':5 Y--.
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U'''ILD''uc.c.l Svr-ho-,QL r'^'~o ~:k
Authorization
Print applicant name: -:::JpJ Wttik:lre
Applicant Signature: -9-(JJ (if
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L<:"AVnll<10
Date:
/'0 112 r c,.
Print owner name~:
~ Date:
.Note: Proof of ownership may be required. Letter of consent may be provided in lieu of signature,
276 Fourth Avenue
Chula Vista l California
7-126
91910
(6191691.5101
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COY OF
CHUlA VISTA
APPLICATION APPENDIX A
Project Description & Justification
Project Name:
\-t1(jh \~""' \~ \ )"\"'U5;~ .-P~~
H--n\- L<UD'- (\ \' !'-Q
a
Applicant Name:
Please fully describe the proposed project any and all construction that may be accomplished as a result of approval of
this project, and the project's benefits to yourself, the property, the neighborhood. and the City of Chula vista. Include any
details necessary to adequately explain the scope and/or operation of the proposed project You may include any
background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use
an addendum sheet if necessary.
For all Conditional Use Permits or Variances, please address the required "findings' as listed in the Application Procedural
Guide.
S~ Q'\-\Ws'"e! YIO~~c:.\ ~c.r\f~Df\
276 Fourth Avenue
(hula Vista I California
1-121
919 10
16191 691 -51 0 1
Prlnted 10/13/2006
Page 1 (2)
Project Description: High Tech High University Park Campus
Overview:
The proposed High Tech High University Park (HT~) Campus includes development of two
HTH schools and a research center on approximately 10 acres in the planned University Park and
Research Center (UPRC) in the Otly Ranch area of eastern Chula Vista The project site is
located on the south side of Hunte Parkway at the southeast comer of the future intersection of
Discovery Falls Road and Hunte Parkway. The campus will be built in two phases.
[n Phase One, an environmentllly-focused high school and research center (ERe) will be
developed on approximately eight (8) acres. Phase Two will add a second HTH school on an
additional adjacent two (2) to three (3) acres (See attached Phasing Diagram).
Each school building will consist of classrooms, specialty labs, administration offices, a
commons/dining area, and support!building core facilities. Outside areas will include learning
patios, plazas, walkways, dining terraces, play yards including half basketball courts, green space,
areas for drop off and pick-up, and parking spaces for cars and bicycles.
The research center, which will be highly integrated with the high school, will consist of specialty
labs, growing centers, and other facilities for environmentally-focused research and teaching
involving HTH students and faculty and visiting researchers and community members. Adjacent
to the Environmental Research Center Building will be open areas which may also be used for
horticulture, aquapanics, and other environmentally-related activities. Some, or all, of this space
may be enclosed in greenhouse-like structures.
In keeping with HTH's educational philosophy, the school and research facilities will be designed
for maximum flexibility. High Tech High's educational programs are deliberately very fluid so
that changes can be made easily to accommodate evolving student and teacher academic interests
and needs. This means that the configuration and use of the facilities will also evolve and change
over time. For example, areas used primarily for classroom teaching at one time may be used
primarily for research or individual student projects at another. This fluidity and flexibility is
essential to the success of High Tech High schools.
Ancillary activities and programs such as, but not limited to, fundraising, athletic, preschool,
childcare, adult education, research, performing arts, and community events may take place on
the campus before, during, or after regular school hours and on weekends and holidays as well.
The completed project will include grading to create appropriate building pads, on-site parking,
open recreational space and also to fit the HTH campus into the overall Masterplan for the
University Park and Research Center (UPRC). The completed project will also include
landscaping, lighting, signage, pedestrian pathways, fencing, and retaining walls. [t is anticipated
that there will be standard security, pathway, and parking lighting.
Hours of Ooeration:
High Tech High plans to operate each of the planned schools and the ERC during the peak period
of approximately 8:30 AM to 4:00 PM, though the facilities will be used by faculty, staff,
students, and others before and after school hours and often on weekends and holidays as well.
The start and end times for the different schools may be staggered to minimize traffic congestion
around drop-off and pick-up times.
7-128
Printed 10/13/2006
Page 2(2)
Parking:
High Tech High plans to meet the minimum requirements set forth in the Chula Vista Municipal
Code for on-site parking for the two schools. Because the research center is an extension of the
high school and will have no faculty, staff, or students independent of the schools, no additional
parking is to be provided for this facility. HTH anticipates that visiting researchers and
community members will be able to park in the visitor spaces provided for the high school
Phase One: High School and Research Center
This phase consists of building an environmentally-focused high school and research center, on
approximately eight (8) acres. These will be one-story structures.
School Type Grades Students Square Employees Classrooms Parking
· (appro]:) Footal!e Stalls
High School 9'"-12th 494 46,000 36 26 103
Environmental All 0 18,000' 0 0 0
Research Center
Totals 9'"-12th 494 64,000 36 26 103
*This includes approximately 6,000 sf of building space plus adjacent growing areas which may
or may not be enclosed in greenhouse-like structures
Enrollment at the high school will be phased over several years. High Tech High plans to open
the school in temporary, off-site facilities, in fall, 2007 with a 9'" grade only. The school will
open on site in fall, 2008 with a 9'" and to'" grade class. A grade will be added each year until
full enrollment is reached in fall, 2010.
Exterior areas will include areas for dining, recreation, drop.off and pick-up, and parking for cars
and bicycles.
Phase Two: Second HTH School on Additional Two Acres
This phase will consist of development of a second HTH school on approximately two (2) acres
adjacent to the Phase One property. This school will likely be an environmentally-focused
middle school.
School Type Grades Students Sq ua re Employees Classrooms Parking
(appro]:) Footal!e Stalls
Middle School 6'"-8'" 414 39,000 28 21 33
7-129
Disclosure Statement
Pursuant to Council Policy 101~Ol, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information
must be disclosed:
1. list the names of all persons having a financial interest in the property that is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
\-\ T \.r Luv".-,,~
C;~ of- Lh0"" ,~k
2.
If any person'" identified pursuant to (1) above is a corporation or partnership, list the names of aU individuals with
a $2000 investment in the business (corporation/partnership) entity.
4.
If any person* identmed pursuant to (1) above is a non-profit organization or 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.
~H(.g ~SQ.",>kk, (-EO l-tTfl L~.;''".>. \<.;<:..lw..rA. A t-IC.,'"son , l5o<v-..l W\o~(..pr
(tr ~'\4.Lcb<;J C.h,,;.....M.~ r::+- ~~ -:-\\-rY\ CDl-,;-t\ 1Sf"!,:-.....rrl Mcz_............bL-r
P ,
I<"~ \)~IfIS. 'Kna.rA "'1\..1.__i......b<r Lc.ud\ ()+..;b...r j<-()c........J.. r\l\.p."l'\.b.2.r-
, I
Please identify every person, induding any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
('<\Q",,- SOJ"\k I-l-Tt+
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5.
Has any person* associated with this contract had any financial dealings with an officialh of the City of Chula
Vista as IT relates to this contract within the past 12 months. Yes_ No~ nc:",,~ ~CJ~'l
If Yes, briefly describe the nature of the financial interest the officialu may have In this contract.
6. Have you made a cont~ibution oj more than $250, within th~ past twelve (12) months to a current member of the
Chula Vista City CounCIl? No ~ Yes _If yes, whIch Council member?
7-130
7. Have you provided more than $340 (or an Item of equivalent value) to an official" of the City of Chula Vista in the
past twelve (12) 1J)onths? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes_ No~
If Yes, which officialu and what was the nature of item provided?
oate_LQft zf 0
!. e of Contractor/Applicant
.ej VVqll,U",-
Print or type name of Con
C,->...tv!'j
Person is defined as: any individual, firm, co-partnership, joint venture, association, social dub, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit.
Official includes, but is not limited to: Mayor, Council member, Chula Vista Redevelopment Corporation member,
Planning Commissioner, member of a board, commission, or committee of the City, employee, or staff members.
September 8, 2006
7-131
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P I ann
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Planning Division
Department
Development Processing
ellY OF
CHULA VISTA
APPLICATION APPENDIX C
Development Permit Processing Agreement
Permit Applicant
Applicant's Address:
Type of Permit:
Agreement Date:
Deposit Amount:
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This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal corporation ("City") and the
forenamed applicant for a development permtt ("Applicant"), effective as of the Agreement Date set forth above, is made
with reference to the following facts:
Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit'") which the City has
required to be obtained as a condition to permitting Applicant to develop a parcel of property; and,
Whereas, the City will incur expenses in order to process said permit through the various departments and before
the various boards and commissions of the City ("Processing Services"); and,
Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with
providing the Processing Services:
Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows:
1. Applicant's Duty 10 Pay. ,
Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, including
all of City's direct and overhead costs related 'thereto. This duty of Applicant shall be referred to herein as "Applicant's
Duty to Pay."
1.1. Applicant's Deposit Duty.
As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount afore referenced ("Deposit").
1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against
Applicant's Deposit. If, after the conclusion of processing Applicant's Permit, any portion of the
Deposit remains. Ctty shall return said balance to Applicant without interest thereon. If, during the
processing of Applicant's Permit, the amount of the Depostt becomes exhausled, or is imminently
likely 10 become exhausted in the opinion of the e City, upon notice of same by City, Applicant
shall forthwith provide such additional depostt as Ctty shall calculate as reasonably necessary to
continue Processing Services. The duty of Applicant to initially deposit and to supplement said
deposit as herein required shall be known as "Applicant's Deposit Duty".
2. City's Duty.
City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Payor Applicant's Deposit Duty,
use good faith to provide processing services in relation to Applicant's Permit application.
2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or
for failure 10 process Applicant's Permit within Ihe time frame requested by Applicant or estimated by City.
276 Fourth Avenue
(hula Vista 1 California
7-132
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(6191691.5101
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P I ann
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Development Processing
CITY OF
CHUIA VISfA
Development Permit Processing Agreement - Page 2
. 2.2. 8~ executio.n o~ this ag~eement.App~icant s~all ha~e ~o right to the Permit for which Applicant has applied.
City shall use Its discretion In valuattng Applicant s Permit Application without regard to Applicant's promise to pay for the
Processing Services, or the execution of the Agreement.
3. Remedies.
3.1. Suspension of Processing
In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has
the right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as well as
the Penmit which may be the subject matter of any other Permit which Applicant has before the City.
3.2. Civil Collection
In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has
the right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect
same, the prevailing party shall be entitled to reasonable attorney's fees and costs.
4. Miscellaneous.
4.1 Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in
writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served
if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or
certified, with return receipt requested at the addresses identified adjacent to the signatures of the parties represented.
4.2 Governing t.awNenue.
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San
Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this
Agreernent, and performance hereunder, shall be the City of Chula Vista.
4.3. Multiple Signatories.
If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be
jointly and severally liable for the performance of Applicant's duties herein set forth.
4.4. Signatory Authority.
This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the
Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory
shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been
authorized to execute this Agreement by Applicant.
4.5 Hold Harmless.
Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and
employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders,
injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising out of
City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not
limited to the giving of proper environmental review, the holding of public hearings, the extension of due process rights,
except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the
City, its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include
any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents, or employees in
defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense,
shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or
employees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the
276 Fou rlh Avenue
ChuJa Vista I California
7-133
91910
(6191691-5101
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p I ann
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Planning Division
Department
Development Processing
CITY OF
CHULA VISfA
Development Permit Processing Agreement - Page 3
Applicant At its sole discretion, the City may participate at its own expense in the defense of any such action, but such
participation shall not relieve the applicant of any obligation imposed by this condition.
4.6 Administrative Claims Requirements and Procedures.
No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first been
presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code. as same may from time to time be amended, the
provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used
by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City
for the purpose of resolving any dispute over the terms of this Agreement.
Now therefore. the parties hereto, having read and understood the terms and conditions of this agreement, do
hereby express their consent to the tenns hereof by setting their hand hereto on the date set forth adjacent thereto.
Dated:
/O'/W'QCp
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA
By: c...l\I"'O-'T'''?'I.GL- G;~C'
Dated:
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RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE FINAL MITIGATED
NEGATIVE DECLARATION MND (IS-07-0l4) FOR THE
HIGH TECH HIGH UNIVERSITY PARK PROJECT; AND
ADOPTING A MITIGATION MONITORING AND
REPORTING PROGRAM ("MMRP") PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, High Tech High Learning, submitted applications requesting approvals for a
Rezone from Planned Community (PC) to Public/Quasi Public (PQ), and a Conditional Use Permit,
for a 10-acre Public Charter High School and Elementary/Middle School facility ("Project") located
at the southeastern corner of the Hunte Parkway / Discovery Falls Drive intersection; and
WHEREAS, on July 13,2007, a Notice ofInitial Study ("NOI") was circulated to property
owners and residents within a SOO-foot radius of the proposed project site; and
WHEREAS, Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has conducted an Initial Study (IS-
07 -014) in accordance with the California Environmental Quality Act. Based upon the results of the
Initial Study the Environmental Review Coordinator has determined that the project could result in
significant impacts on the environment. However, revisions to the project made by or agreed to by
the applicant would avoid the effects or mitigate the effects to a point where clearly no significant
effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated
Negative Declaration (MND IS-07-0l4) and associated Mitigation Monitoring and Reporting
Program ("MMRP"); and
WHEREAS, on November 7,2007, a Notice of Availability ("NOA") for Draft MND IS-07-
014 was posted at the County of San Diego Clerks Office and circulated for a 30-day public review
period to property owners and residents within a SOO-foot radius of the proposed project site as well
as any individuals and/or groups that had requested to be noticed; and
WHEREAS, the Chula Vista Resource Conservation Committee held a duly noticed public
hearing for Draft MND IS-07-0l4 on November, 192007 and voted 4-0-1-2 recommending that the
City Council certify MND 07-014 and adopt the MMRP; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for
Final MND IS-07-0l4 on December 18, 2007, and voted X-X-X-X recommending that the City
Council adopt Final MND 07-014 and adopt the MMRP in accordance with Resolution
and
WHEREAS, the Chula Vista City Council held a duly noticed public hearing for the Final
MND IS-07-0l4 and MMRP on December 18, 2007; and
WHEREAS, the City Council considered Final MND IS-07-0l4 together with any
comments received during the public review process; and
J:\Allorney\RESO\PLANNINGIIS-07-0 14MNDRcso_12-18-07.doc
7-137
Resolution No. 2007-
Page 2
WHEREAS, the Final MND IS-07-014 and other related materials are located in the
Planning and Building Department and maintained by the custodian of said documents who is the
Director of Planning and Building. This constitutes the record of proceedings upon which this
adoption of Final MND IS-07-014 is based.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of
Chula Vista does hereby find, determine, and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing on Final MND 07-014 held on December 18, 2007, as well as the minutes and
resolutions resulting therefrom, are hereby incorporated into the record of this proceeding.
These documents, along with any documents submitted to the decision-makers, including
documents specified in Public Resources Code section 21167.6, subdivision(s), shall
comprise the entire record of proceedings for any claims under the California Environmental
Quality Act ("CEQA") (Pub. Res. Code S 21000 et seq.).
II. MND IS-07-014 CONTENTS
That the MND IS-07 -014 consists of the following:
1. Initial Study Checklist IS-07-014; and
2. Mitigated Negative Declaration IS-07-0140 (including supporting technical reports)
3. Comments and Responses
4. Mitigation Monitoring and Reporting Program
(All hereafter collectively referred to as "MND IS-07 -0 ]4")
III. CERTIFICATION OF COMPIANCE WITH CALIFORNIA
ENVIRONMENTAL QUALITY ACT
That the City Council does hereby find that MND IS-07-014 (Exhibit "A" to this Resolution,
a copy which is on file with the office of the City Clerk), and the Mitigation Monitoring and
Reporting Program are prepared in accordance with the requirements of CEQA (Pub. Res.
Code S 21000 et seq.), the CEQA Guidelines (Cal. Code Regs. tit. 14 S 15000 et seq.), and
the Environmental Review Procedures of the City ofChula Vista.
Mitigation Measures Feasible and Adopted
As more fully identified and set forth in MND IS-07-014, the City Council hereby
finds pursuant to Public Resources Code section 21 080( c )(2) and CEQA Guidelines
Section 15074.1 that the mitigation measures described in the above referenced
J:\Atlomey\RESO\PLANNJNG\]S-07-014MNDReso~12.18-07.doc
7-138
Resolution No. 2007-
Page 3
documents are feasible and will become binding upon the entity assigned thereby to
implement the same.
Adoption of Mitigation Monitoring and Reporting Program
As required by Public Resources Code section 21081.6, the City Council hereby
adopts the Mitigation Monitoring and Reporting Program ("MMRP") set forth in
MND IS-07-014. The City Council further finds that the Program is designed to
ensure that, during project implementation, the permittee/project applicant and any
other responsible parties implement the project components and comply with the
mitigation measures identified MND IS-07 -014 and associated Program.
IV. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council has exercised their independent review and judgment and hereby finds on
the basis of the whole record before it that there is no substantial evidence that the project
will have a significant effect on the environment and concurs with the Planning Commission
and Environmental Review Coordinator's determination that Mitigated Negative
Declaration IS-07 -014 in the form presented has been prepared in accordance with
requirements of the California Environmental Quality Act ("CEQA") the State CEQA
Guidelines and the Environmental Review Procedures of the City of Chula Vista and adopts
the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
(IS-07-014).
V. NOTICE OF DETERMINATION
That the Environmental Review Coordinator of the City of Chula Vista is directed after City
Council approval of this Project to ensure that a Notice of Determination is filed with the
County Clerk of the County of San Diego. These documents, along with any documents
submitted to the decision-makers, including documents specified in Public Resources Code
Section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any
claims under the California Environmental Quality Act ("CEQA") (Pub. Res. Code S 21000
et seq.).
BE IT FURTHER RESOLVED THAT the City Council of the City ofChula Vista finds that
the MND IS-07-014 and Mitigation Monitoring and Reporting Program have been prepared in
accordance with the requirements ofCEQA (Pub. Res. Code S 21000 et seq.), CEQA Guidelines (Cal.
Code Regs. tit. 14 S 15000 et seq.), and the Environmental Review Procedures of the City ofChula
Vista, and therefore is adopted.
James D. Sandoval, AICP
Planning and Building Director
Presented by
J:\Al1omeyIRESOIPLANNING\IS.07-014MNDReso_12-1S.07.doc
7-139
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
THE ZONING MAP ESTABLISHED BY 19.18.010 AND
APPROVING A ZONE CHANGE RE-ZONING 10-ACRES OF
LAND FROM PLANNED COMMUNITY (PC) TO PUBLIC
QUASI PUBLIC (PQ), LOCATED AT THE SOUTHEAST
CORNER OF THE DISCOVERY FALLS DRIVE EXTENSION
AND HUNTE P ARKW A Y WITHIN OTA Y RANCH UNIVERSITY
PLANNING AREA 10
WHEREAS, the subject matter ofthis Ordinance is the Zoning Map established by Chapter
19.18.010 of the Chula Vista Municipal Code, and the area of the Zoning Map to be used as the
project area is identified as Exhibit "A," attached hereto; and,
WHEREAS, an application was made by High Tech High Learning ("Applicant") to amend
the Zoning Map was filed with the City of Chula Vista Planning and Building Department on
October 17, 2006; and,
WHEREAS, the applicant proposes to rezone the 10-acre project area that is located within
Otay Ranch University Planning Area 10 from Planned Community (PC) to Public Quasi-Public
(PQ) ("Project"); and,
WHEREAS, the 10-acre project site is owned by the City ofChula Vista, and on January 23,
2007, the City Council approved a lease with High Tech High Learning for a 50-year term, with two
25-year options at a rate of $1 per year; and,
WHEREAS, the structure ofthe lease will allow the City to retain long-term ownership and
control of the property, while High Tech High Learning will be responsible for all costs associated
with the development and maintenance of their facilities; and,
WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has conducted an Initial Study (IS-
07-014) in accordance with the California Environmental Quality Act. Based upon the results of the
Initial Study the Environmental Review Coordinator has determined that the project could result in
significant impacts on the environment. However, revisions to the project made by or agreed to by
the applicant would avoid the effects or mitigate the effects to a point where clearly no significant
effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated
Negative Declaration (MND IS-07-014) and associated Mitigation Monitoring and Reporting
Program ("MMRP"); and,
WHEREAS, the Planning Commission recommended approval of the project at a public
hearing held at a time and place advertised, namely 5:00 pm on December 18,2007, in the Lee
Conference Room, 430 F Street; and,
J:\AtlomeylOrdinanceIPCZ-07-03CCOrd_12-18-07.doc
7-140
Ordinance No.
Page 2
WHEREAS, the City Council set the time and place for a hearing on said zone change
(PCZ-07-03) and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and its mailing to property owners within 500 feet ofthe
exterior boundaries of the Proj ect site at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
December 18, 2007, in the Council Chambers, 276 Fourth Avenue and said hearing was thereafter
closed.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
1. ACTION
Hereby amends the Zoning Map, re-zoning the I O-acre project site for the High Tech High
Learning campus from Planned Community (PC) to Public Quasi-Public (PQ), finding that it
is consistent with the City of Chula Vista General Plan, the Otay Ranch General
Development Plan, and all other applicable Plans, and that the public necessity, convenience,
general welfare and good planning and zoning practice support their approval and
implementation.
II. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
Jim Sandoval
Planning and Building Director
Presented by
J:\Attorney\Ordinance\PCZ-07-03CCOrd~ 12-18-07.doc
7-141
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CONDITIONAL USE
PERMIT, PCC-07-024, TO HIGH TECH HIGH SCHOOL
LEARNING, LOCATED AT THE SOUTHEAST CORNER OF
THE DISCOVERY FALLS DRIVE EXTENSION AND HUNTE
PARKWAY
A. RECITALS
1. Project Site
WHEREAS, the parcels which are the subject matter of this resolution are
represented in Exhibit A attached hereto and incorporated herein by this reference, and
for the purpose of general description are located at the southeast corner of Discovery
Falls Drive Extension and Hunte Parkway, APN 643-070-10-00 ("Project Site"); and
2. Project Applicant
WHEREAS, on October 17,2006, a duly verified application for a Zone Change
and Conditional Use Permit (PCC-07-024) was filed with the City of Chula Vista
Planning Department by High Tech High Learning ("Applicant" or "HTH Learning");
and
3. Project Description; Environmental Determination
WHEREAS, said Applicant requests permission to construct a Public Charter
High School, Elementary/Middle School, and Environmental Learning Center ("Project")
on a I O-acre property located on said Project Site; and
WHEREAS, said Applicant requests a rezone of the property from Planned
Community (PC) to Public Quasi Public (PQ), which would provide for a Conditional
Use Permit approval to authorize construction of a Public Charter High School,
Elementary/Middle School, and Environmental Learning Center on a 10-acre property
located on said Project Site; and
WHEREAS, Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has conducted
an Initial Study (IS-07-0l4) in accordance with the California Environmental Quality
Act. Based upon the results of the Initial Study the Environmental Review Coordinator
has determined that the project could result in significant impacts on the environment.
However, revisions to the project made by or agreed to by the applicant would avoid the
effects or mitigate the effects to a point where clearly no significant effects would occur;
therefore, the Environmental Review Coordinator has prepared a Mitigated Negative
Declaration (MND IS-07-0l4) and associated Mitigation Monitoring and Reporting
Program (MMRP); and
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4. Planning Commission Record of Application
WHEREAS, a hearing time and place was set by the Planning Commission for
consideration of the Project and notice of said hearing, together with its purpose, was
given by its publication in a newspaper of general circulation in the City, and its mailing
to property owners and residents within 500 feet of the exterior boundaries of the
property, at least ten (10) days prior to the hearing; and
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on December 18, 2007, and recommended that the City Council approve the
Project in accordance with Planning Commission Resolution No. PCC-07-024; and
WHEREAS, the Planning Commission reviewed and considered the Mitigated
Negative Declaration (MND IS-07-014) and associated Mitigation Monitoring and
Reporting Program ("MMRP"), along with the applications for a Zone Change (PCZ-07-
03), and a Conditional Use Permit (PCC-07-024); and
WHEREAS, the Planning Commission after considering all evidence and
testimony presented recommended by a vote of X-X-X-X that the City of Chula Vista
City Council to adopt Mitigated Negative Declaration (MND IS-07-014) and associated
Mitigation Monitoring and Reporting Program ("MMRP"), and approve the Zone Change
(PCZ-07-03) and the Conditional Use Permit (PCC-07-024); and
WHEREAS, the applicant has requested that the Planning Commission motion
and vote to approve the Project, along with any relevant comment be forward to the City
Council for their consideration at a public hearing to be held immediately following the
Planning Commission action; and
5. City Council Record of Application
WHEREAS, a hearing time and place was set by the City Council of the City of
Chula Vista for consideration of the Project and notice of said hearing, together with its
purpose, was given by its publication in a newspaper of general circulation in the City,
and its mailing to property owners and residents within 500 feet of the exterior
boundaries of the property, at least ten (10) days prior to the hearing; and
WHEREAS, a duly called and noticed public hearing on the Project was held
before the City Council of the City ofChula Vista on December 18,2007, to receive the
recommendation of the Planning Commission, and to hear public testimony with regard
to the same; and
WHEREAS, the City Council of the City ofChula Vista reviewed and considered
the Mitigated Negative Declaration (MND IS-07-014) and associated Mitigation
Monitoring and Reporting Program (MMRP) , Zone Change (PCZ-07-03), and
Conditional Use Permit (PCC-07-024); and
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WHEREAS, the City Council of the City of Chula Vista after considering all
evidence and testimony presented voted X-X-X-X to adopt Mitigated Negative
Declaration (MND IS-07-014) and associated Mitigation Monitoring and Reporting
Program (MMRP), and approve the Zone Change (PCZ-07-03) and the Conditional Use
Permit (PCC-07-024) based on the findings and in accordance with the conditions listed
below.
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find,
determine, and order as follows:
B. PLANNING COMMISSION RECORD
The proceedings of the Planning Commission at their public hearing on December 18,
2007, including their vote upon Planning Commission Resolution No. PCC-07-024
recommending approval, along with any relevant comments, have been provided to the
City Council and are hereby incorporated into the record of this proceeding. These
documents, along with any documents submitted to the decision makers, shall comprise
the entire record of the proceedings for any California Environmental Quality Act
("CEQA") claims.
C. CONDITIONAL USE PERMIT FINDINGS
The City Council of the City of Chula Vista does hereby make the findings required
pursuant to the Chula Vista Municipal Code ("CVMC 19.14.080") for the issuance of
conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the
evidentiary basis that permits the stated finding to be made.
1. That the proposed use at this location is necessary or desirable to provide a
service or facility which will contribute to the general well being of the
neighborhood or the community.
The proposed Public Charter High School and Elementary/Middle School facility
is a desirable land use that provides an educational facility that will contribute to
the future University Park land use as well as the general well being of the
surrounding Otay Ranch community and the South Bay region.
The HTH Learning project will be the first project to be developed in the City's
University Park and Research Center ("UPRC"). This project will help establish
the UPRC with an academic facility that is promoting future environmental
studies that may lead to prototype sustainable development occurring in Chula
Vista.
HTH Learning is a high profile charter organization with an established reputation
for engaging regional and national commercial sector and non-profit partners. The
presence of HTH Learning in south county and specifically in the UPRC may
increase the visibility of the City in the region in its efforts to seek out education
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Resolution No. 2007-
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partners at all levels of academia, furthering the goals and objectives the City
Council has established for the development of the UPRC.
The UPRC will eventually offer unique education and research opportunities for
collaboration with the HTH Learning High School, Elementary/Middle School
and Environmental Learning Center. It is anticipated that HTH Learning will also
provide and promote interactivity between the future University and the proposed
High School Environmental Research Center and Elementary/Middle School
campus.
The primary goals of the High Tech High Environmental program is to provide
students with relevant academic and workplace skills, preparing graduates for
rewarding lives in an increasingly technological and global society. In addition, to
increase the number of low income and minority students who succeed in high
school and postsecondary education and who become productive members and
leaders in the high-technology industries.
2. That such use will not under the circumstances of the particular case be
detrimental to the health, safety or general welfare of persons residing or working
in the vicinity or injurious to property or improvements in the vicinity.
The proposed Public Charter High School and Elementary/Middle School facility
will not be detrimental to the health, safety or general welfare of persons residing
or working in the vicinity or injurious to property or improvements in the vicinity.
The use is subject to conditions that will provide the necessary controls and
maintenance of the facilities so that activities on the site shall not become
detrimental to the health, safety or general welfare of persons residing or working
in the vicinity or injurious to property or improvements in the vicinity.
3. That the proposed use will comply with the regulations and conditions specified
in the code for such use.
The proposed Public Charter High School and Elementary/Middle School facility
will be developed and maintained in compliance with the Otay Ranch General
Development Plan ("GDP") and the Zoning Code as well as the conditions
specified in this Conditional Use Permit. The conditions of approval require
compliance with all applicable codes and regulations on an on-going basis for use
of the facilities on the proposed project site. In addition, this project site may be
included within the Sectional Planning Area ("SPA") Plan to be developed for the
surrounding University Planning Area 10, and as such will be required to be
maintained in compliance with the regulations and conditions specified in that
future document.
4. That the granting of this Conditional Use Permit will not adversely affect the
General Plan of the City or the adopted plan of any government agency.
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The granting of this permit will not require amendments to the Chula Vista
General Plan, or the Otay Ranch General Development Plan, and as such does not
affect the future long-range planning of the University Park Planning Area 10 as
the future land use surrounding the project site. This project site may be included
within the Sectional Planning Area ("SPA") Plan to be developed for the
surrounding University Planning Area I 0, and as such will be required to be
maintained in compliance with the regulations and conditions specified in that
future document, such that it will not adversely affect said University SPA Plan.
D. TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Permit PCC-07-024 subject to the
following conditions whereby the Applicant shall:
l. The subject property ("Project") shall be developed and maintained in conformance
with the approved application, plans, and specifications. Any proposed changes to the
approved plans or specifications will require review and approval for a substantial
conformance and/or changes/modification to this Conditional Use Permit.
2. The Applicant shall comply with the following project description and hours of
operation: The primary hours of operation for the two proposed schools will be from
8:30 a.m. to 4:00 p.m. Monday through Friday. Limited ancillary activities offered
before and after school hours and weekends and holidays are anticipated as well. The
start and end times for the High School and Elementary/Middle School shall be
staggered to minimize traffic congestion during peak drop-off and pick-up times.
3. The Applicant shall comply with the table provided in the Mitigated Negative
Declaration showing the phasing plan for the High School and Elementary/Middle
School and comply with the maximum student capacities for 550 High School
students and 700 Elementary/Middle School students.
4. The Applicant shall provide planting and irrigation plans. All planting, excluding the
hydro-seed mix turf groundcover, shall be on permanent irrigation systems. Provide
planting and irrigation plans in conformance with the conditions of approval for
review and approval by the Landscape Planner prior to issuance of building permit. In
addition, a water management plan shall be required in conjunction with the planting
and irrigation plans for each phase for review and approval by the Landscape Planner
prior to issuance of building permit.
5. The Applicant shall comply with all requirements of the Building Division, including
the following: Submit architectural plans that are stamped and signed by a licensed
architect. Plans shall include a site plan and building elevations that are consistent
with this approval. Structural plans and calculations must be stamped and signed by a
California Registered Civil/Structural Engineer. Project shall comply with 2007 CBC,
CMC, CPC, and 2004 CEC. Seismic Zone 4, Wind Speed 70 MPH Exposure C. Soils
Report Required. Project plans shall comply with 2001 Handicapped Accessibility
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Requirements, 2005 Energy requirements.
6. The Applicant shall provide a graffiti resistant treatment for all wall and building
surfaces. This shall be noted on any building and wall plans and shall be reviewed
and approved by the Planning Director prior to issuance of building permits.
Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the
Chula Vista Municipal Code regarding graffiti control.
7. The Applicant shall submit a Lighting Plan for the facilities, which demonstrates that
the proposed lighting will be shielded to remove any glare from adjacent properties.
The lighting shall be maintained in conformance with Section 17.28.020 of the
Municipal Code.
8. The Applicant shall implement, to the satisfaction of the Director of Planning and
Building and the Environmental Review Coordinator, all mitigation measures
identified in the Final Mitigated Negative Declaration (IS-07-014) and Mitigation
Monitoring and Reporting Program in accordance with the requirements, provisions
and schedules contained therein. Modification of the sequence of mitigation shall be
at the discretion of the Director of Planning and Building and Environmental Review
Coordinator.
9. The Applicant shall implement, to the satisfaction of the City Engineer and Director
of Planning and Building, staggered school start and dismissal times to further
alleviate traffic conditions during the peak drop off/pick-up period.
10. The Applicant shall provide a commercial trash enclosure large enough for solid
waste, mixed paper, and a cart for food and beverage containers to meet the minimum
50 percent recycling requirement. Commercial properties must have trash enclosures,
bins, or carts that meet design specifications. The locations and orientation of storage
bins and dumpsters must be pre-approved by the City's Recycling Coordinator and
the City franchise trash hauling company. Provide sufficient space for designated
recyclables. A shared paper/cardboard bin, along with food and beverage container
cart with other storage may be permitted by the City's Recycling Coordinator and the
City franchise trash hauling company.
II. The Applicant shall submit building plans designating a fire lane around the perimeter
of the entire complex to the satisfaction of the Fire Marshal. Where alternative paving
is proposed to be used as on a portion of the fire lane, the surface and sub-surface
treatment must be approved by the Fire Department.
12. The Applicant shall ensure that automatic gates at the front of the school along Hunte
Parkway are equipped with both an Opticom Detection System and a Knox Key
Switch override. In the event that a regular power source is lost, an alternative power
source to operate the automatic gate shall be provided.
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13. The Applicant shall provide a turn around to the satisfaction of the Fire Marshal.
Prior to Phase Two the turnaround will be provided to the east side of the school. The
turning radius shall be shown on building plans, which shall be reviewed and require
approval by the Fire Marshal.
14. The Applicant shall obtain a security survey from the Crime Prevention Unit of the
Police Department. Specific recommendations shall be provided for access control,
surveillance detection, and police response. In addition, training of management and
employees in security procedures and crime prevention shall coincide with the
commencement of operations.
15. The following fees will be required based on the final building plans submitted: (a)
Sewer Connection and Capacity Fees based on all new construction or additional
plumbing fixtures; (b) Traffic Signal Fees, based on the difference between the
existing and proposed use; and, (c) Development Impact Fees ("DIF"), including the
Salt Creek Sewer DIF, The Public Facilities DIF ("PDIF"), and the Transportation
DIF (TDIF).
16. The Applicant shall ensure that the development of this project complies with all
requirements of State Water Resources Control Board ("SWRCB") NPDES General
Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm
Water Runoff Associated with Construction Activity. In accordance with said Permit,
a Storm Water Pollution Prevention Plan ("SWPPP") and a Monitoring Program Plan
shall be developed and implemented concurrent with the commencement of grading
activities to the satisfaction of the City Engineer. The SWPPP shall specify both
construction and post-construction structural and non-structural pollution prevention
measures. The SWPPP shall provide for the operation and maintenance of post-
construction pollution measures, including short-term and long-term funding sources
and the party or parties that will be responsible for the implementation of said
measures, which shall be subject to review and approval by the City Engineer. A
complete and accurate Notice-of-intent ("Nor") must be filed with the SWRCB. A
copy of the acknowledgement from the SWRCB that a NOI has been received for this
Project shall be filed with the City of Chula Vista when received. Further, a copy of
the completed Nor from the SWRCB showing the Permit Number for this project
shall be filed with the City of Chula Vista when received. Project shall comply with
the permit and SWRCB.
17. Pursuant to NPDES Municipal Permit, Order No. 2001-01, the proposed Project is
considered a Priority Development Project and therefore subject to the requirements
of the Standard Urban Storm Water Mitigation Plans ("SUSMPs") and Numeric
Sizing Criteria. The Applicant is required to complete the applicable forms (see City
of Chula Vista's Development and Redevelopment Storm Water Management
Requirements Manual) and comply with the Manual's requirements.
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18. A Water Quality Technical Report is required to identify potential pollutants
generated at the site during the post-development phase of the project and to
identify/propose appropriate structural and non-structural Best Management Practices
("BMPs") to minimize discharge of such pollutants to the maximum extent
practicable.
19. The San Diego Regional Water Quality Control Board adopted a new National
Pollutant Discharge Elimination System ("NPDES") Municipal Permit for the San
Diego Region in December 2006. Under the new permit, the Applicant may be
subjected to additional requirements that the Applicant will be required to meet,
depending on the time development takes place and the time at which the Applicant
applies for building permits.
20. The internal circulation plan for the school shall be reviewed and approved by the
City Engineer.
21. The site plan for the school shall not prevent the future placement of a pedestrian
bridge over Hunte Parkway. Applicant shall provide pedestrian access to the future
pedestrian bridge from the south to the satisfaction of the City Engineer.
22. The site shall be developed and maintained in accordance with the approved plans
which include site plans, architectural elevations, exterior materials and colors,
landscaping, sign program and grading on file in the Planning Division, the
conditions contained herein, and Title 19.
23. Prior to any use of the project site or business activity being commenced thereon, all
Conditions of Approval shall be completed to the satisfaction of the Planning
Director.
24. This Conditional Use Permit approval shall expire if building permits are not issued
or the approved use has not commenced within one year from the date of this
approval, unless a written request for an extension is received prior to the expiration
date.
25. All buildings, parking and landscaping shall be maintained according to the approved
plans, unless modifications are approved by the City ofChula Vista.
26. The Hours of Operation shall be maintained according to the approved hours of
operation tables, unless modifications are approved by the City of Chula Vista.
27. Fire lanes are to be maintained and have an unobstructed width of not less than 20-ft.
width and 13-1/2-ft. vertical clearance.
28. Applicant shall maintain catch basin filters on site, which shall be periodically
inspected as scheduled by the City ofChula Vista Engineering Department.
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29. The Applicant shall comply with all applicable federal, state, and local requirements.
Any violation of applicable City ordinances, codes, standards, and policies, or of any
condition of approval shall be grounds for revocation or modification of this
Conditional Use Permit by the City of Chula Vista. Violation of any terms or
conditions set forth herein shall be grounds for revoking or denial of building permits.
30. This Conditional Use Permit shall be subject to any and all new, modified or deleted
conditions imposed after approval of this permit to advance a legitimate
governmental interest related to health, safety or welfare which the City shall impose
after advance written notice to the Permittee and after the City has given to the
Permittee the right to be heard with regard thereto. However, the City, in exercising
this reserved right/condition, may not impose a substantial expense or deprive
Permittee of a substantial revenue source from which the Permittee cannot, in the
normal operation of the use permitted, be expected to economically recover.
31. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold
harmless City, its Council members, officers, employees, agents and representatives,
from and against any and all liabilities, injury, including personal injury,
dismemberment or death, losses, damages, demands, claims and costs, including
court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising
out of or related to, directly or indirectly, from: (a) City's approval and issuance of
this conditional use permit, (b) City's approval or issuance of any other permit or
action, whether discretionary or non-discretionary, in connection with the use
contemplated herein. Applicant/operator shall acknowledge their agreement to this
provision by executing a copy of this conditional use permit where indicated, below.
Applicant's/operator's compliance with this provision is an express condition of this
conditional use permit and this provision shall be binding on any and all of
Applicant's/operator's successors and assigns.
E. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to California Government Code section 66020(1), NOTICE IS HEREBY
GIVEN that the 90-day period to protest the imposition of any impact fee, dedication,
reservation, or other exaction described in this resolution begins on the effective date of
this resolution and any such protest must be in a manner that complies with section 66020
(a) and failure to follow timely this procedure will bar any subsequent legal action to
attack, review, set aside, void or annul imposition. The right to protest the fees,
dedications, reservations, or other exactions does not apply to planning, zoning, grading,
or other exactions, which have been given notice similar to this, nor does it revive
challenges to any fees for which the Statute of Limitations has previously expired.
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F. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicant shall execute this document by signing the lines
provided below, said execution indicating that the property owner and applicant have
each read, understood, and agreed to the conditions contained herein. Upon execution,
this document shall be recorded with the County Clerk of the County of San Diego, at the
sole expense of the property owner and/or applicant, and a signed, stamped copy of this
recorded document will be filed within ten days of recordation with the City Clerk. The
filing shall indicate the property owners/applicant's desire that the project, and the
corresponding application for building permits and/or a business license, be held in
abeyance without approval. Said document will also be on file in the City Clerk's Office
and known as document No. _
Signature of Property Owner
Date
Signature of Applicant Representative
Date
G. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision, and condition herein stated;
and that in the event that anyone or more terms, provisions, or conditions are determined
by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this
resolution and the permit shall be deemed to be automatically revoked and of no further
force and effect ab initio.
Presented by
James D. Sandoval, AICP
Planning and Building Director
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CITY COUNCIL
AGENDA STATEMENT
~v~ CITY OF
:~CHULA VISTA
12/18/07, ItemL
SUBMITTED BY:
REVIEWED BY:
RESOLUTION DECLARING THE CITY'S
INTENTION TO INCREASE SEWER SERVICE CHARGES AND
SETTING A PUBLIC HEARING TO CONSIDER SAID INCREASE
FOR FEBRUARY 5, 2008 AT 4:00 P.M.
DIRECTOR OF EN~~RING AND GENERAL SERVICES ~
CITY MANAGER __
ASSISTANT CITY AGER "7 /
4/5THS VOTE: YES D NO ~
ITEM TITLE:
BACKGROUND
The sewer service charge is paid by all users who are connected to the City's wastewater
collection system. Revenues derived from this fee are used to fund the cost of wastewater
treatment, system maintenance and operation.
On July 19, 2005, the City Council approved a five-year rate plan, based on the
recommendations of a Sewer Rate Study prepared by Camp Dresser & McKee, Inc. ("CDM").
The rate plan set the schedule for the adjustment of sewer service fees for Fiscal Year 2005-06
through Fiscal Year 2009-10. However, since then, the adopted rate plan has not met the revenue
objectives due to a variety of reasons. The primary reasons for the inadequacy of the adopted
rates were due to a combination of factors; baseline customer data used in the 2005 Rate Study
was over-estimated, in addition there have been unanticipated shortfalls in the growth projections
for new accounts contrary to the assumptions in the rate study, which formed the basis of the
adopted rate plan. .
A recent study by Camp Dresser & McKee, Inc. ("CDM") has determined that, over the long
term, the adopted rate plan would not generate the projected revenues, hence compromising the
ability of the fund to meet its obligations for wastewater treatment, system operation and
maintenance. It is therefore necessary that the City take the appropriate actions to adjust the rate
schedule and avoid this potential fiscal impact.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
8-1
12/18107, Item~
Page 2 of 11
"Project" as defined under Section 15378 of the State CEQA Guidelines because it does not
involve a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the
State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary.
RECOMMENDATION
That Council adopt the resolution declaring the City's intention to increase sewer service charges
and setting a Public Hearing to consider said increase for February 5, 2008 at 4:00 p.m.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
Sewer Service Charl!:e Update
The City of Chula Vista's sewer service charge is made up of three different fees: the Sewer
Service Fee, Sewer Facilities Replacement Fee and the Storm Drain Fee (see diagram below).
Consequently, revenue generated by the City's sewer service charge is distributed between three
separate funds. The City is proposing to adjust the Sewer Facilities Replacement fee and the
Sewer Service fee. The Storm Drain fee is not being re-evaluated or adjusted as part of this effort;
however it will be included in a future workshop regarding funding infrastructure needs.
On July 19, 2005, the City Council approved a five-year rate plan, which set the schedule for the
adjustment of sewer service fees for Fiscal Year 2005-06 through Fiscal Year 2009-10 based on
the findings and recommendations of the "Cost of Service and Rate Study for Sewer Services"
prepared by Camp Dresser & McKee, Inc. ("CDM").
Sewer Fees Relationship Diagram
I Sewer Service Charge I
I
I I I
Scwcr Service Fee Scwcr Facilities Replacement Fec Stann Drain Fee
Varies SFR $1.97/Month SFR $0.70/Month
(Dependent on quantity MFRlComm $O.lllhcf MFRlComm $0.06/hcf
and quality of flow)
I I I
Sewer Service Fund Sewer Facility Rcplaccment Fund Stonn Drain Fund
City Maintenance & Operations Sewer Rehab Projects Stonn Drain Projects
Metro Treatment Costs NPDES Compliance
8-2
12/18/07, Item~
Page 3 of 11
Since then, the adopted rate plan has not met the revenue objectives primarily because baseline
customer data used in the 2005 Rate Study was over-estimated coupled with a significant shortfall
in growth projections for new accounts contrary to the assumptions in the previous rate study.
Consequently, the City retained CDM to prepare another study dated October 2007 (see
Attachment A) with the primary goal of achieving the following objectives:
1. Existing Rates: To re-evaluate the performance of the adopted rate plan and its potential
ability to meet the revenue requirements based on the revised proj ected growth rate of the
City.
2. Cost Allocation: To re-evaluate the cost allocation amongst the various user classes to
ensure that it was proportional to use and equitable.
3. Single-Family Residential Billing Method: To re-evaluate the sewer-billing method for
single- family residential users and address the concerns those customers had regarding the
impact of residual winter irrigation usage on their sewer bill.
4. Financial Plan: To develop a financial plan, which returns the Sewer Service Revenue
Fund to self-sufficiency, and further rebuilds the reserve balance to an optimal level.
Findings
. Existing Rates
It has been determined that the existing rates (see Attachment B) were inadequate and have
not/will not generate the revenues needed to meet the obligations of the fund for wastewater
treatment, system operation and maintenance. Therefore, the rates needed to be adjusted and in
some cases increased. A new rate schedule (see Attachment B) is being proposed.
The primary reasons for the inadequacy of the adopted rates were due to a combination of
factors; baseline customer data used in the 2005 Rate Study was over-estimated and a shortfall
in the growth projections for new accounts.
Customer Data - 2005 Rate Study
The City of Chula Vista bills its customers in three different ways. Customers within Otay
Water District's (Otay) jurisdiction are billed monthly for water and sewer services on the
same bill by Otay. Customers in Sweetwater Authority's (Sweetwater) jurisdiction who reside
in the pre-annexation area are billed for sewer services bi-monthly by the City's Finance
Department. The remaining customers who are in the Montgomery area of the city who are in
either Sweetwater's or CAL-American's jurisdiction are billed for sewer services annually on
the property tax bill by the City's Engineering & General Services Department. All these
billing units maintained independent databases that were not linked. Ultimately the customer
data, which was used in the 2005 study, was assembled from these databases. Through a recent
audit of these systems, in preparation for the 2007 study, it was determined that the baseline
customer data used in the 2005 study was significantly higher than it should have been (See
8-3
12/18/07, Item~
Page 4 of 11
Table 1 & Figure 1). Consequently, the revenue requirement was spread over more customers
than actually existed, resulting in rates that were lower than they should have been, and
revenue that was significantly lower than projected with the difference compounding after the
application of an overly optimistic growth rate.
Table 1 - Number of Customer Accounts
Fiscal Year FY 2005-06 Sewer Rate FY 2007-08 Sewer Rate
Study Study Differeuce
05/06 48370 46399 -1971
06/07 50570 47020 -3550
----- 0-
07/08 52790 47550 -5240
----- - .~-~
_ 08/09 55018 48080 -6938
-
_09/10 57240 48620 -8620
--.--
10/11 49170
_nOnn n
11/12 49720
~ 65000
I '-
Ql
E 60000
0 55000
....
III
:l 50000
(J
- 45000
0
.. 40000
Ql
.Q 35000
E
:l 30000
Z
!O :\ ","" !'1) !'1)\....c:, c:,\........ "("-'1.-
0<::i ,p 'i/J'"
<::i <::i ~ <::i <::i .... ........
Fiscal Year
._--~.
~--
--+- FY 2007-08
Sewer Rate
Study
1__ FY 2005-06
I Sewer Rate
I Study
Figure 1 - Account Projections
Shortfall in the projected growth rate of new accounts
The revenue generated by the Sewer Service Revenue Fund primarily depends on the number
of customers on record and the amount of billable flow generated by these customers. The
2005 Cost of Service Study was based on customer usage data from the two prior years, FY
2003-04 and FY 2004-05. At that time, the City of Chula Vista was experiencing a high influx
of new development, which seemed to be on track to continue for a significant amount of time.
Unfortunately, shortly after the adoption of the rate schedule, development peaked and went
into a significant downturn that has impacted the revenues for the past two years and is
projected to continue to have a negative impact. An analysis of the actual customer data
utilized in this study compared to the projections used in the previous study shows that the
actual number of customers and billable flow for the last two years was significantly lower
than what was projected. This further exacerbated the situation and ultimately resulted in
revenues being significantly lower than the 2005 Study projections.
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Therefore, the combination of the inadequate rates and the decline in the growth rate resulted
in fewer paying customers, lower sewage volume, and consequently lower than expected
revenue for the fund. Single-Family Residential User growth has dropped from 5% to 1.15%.
This has resulted in a decline in expected revenues over the five-year period analyzed. Had
the baseline customer data been accurate, and had growth continued as previously predicted,
the adopted rates would have been adequate to cover expenses.
. Costs Allocation
Costs to be allocated
As earlier indicated, the Sewer Service Revenue Fund is primarily used to fund the cost of
wastewater treatment ("Metro Expenditures"), as well as maintenance and operation of the
City's wastewater collection system. The table below shows the estimated costs to be met in
Fiscal Year 2007 -08. These percentages are typical for this fund.
PROJECTED MAINTENANCE AND OPERATIONS EXPENSE FY 2007-08
Descrintion Amount I Percentaee
I
A WW Maintenance & Operatiou (incl. support Sycs) $ 9,789,100 . 33.2%
B Canital Exnenditure to Maintain Collection System $ 1,300,800 4.4'10~_
C Otay Water District ~ Billing Services $ 356,000 1.2%
D Spring Valley Costs (Capital Projects & M &0) $ 736,200 25%_-::::
E Metro Cost - Wastewater Treatment $ 18,273,300 58.6%
F Estimated~O",e-timeS:redit for Prior Year Metro Expenditures ($I,OOO,O()O)
Total $ 29,455,400 I 100.0%-
Metro Expenditures
The City is billed for wastewater treatment based on the quantity and quality (strength) of the
sewage generated. The above table shows that the wastewater treatment costs represents
approximately 59% of the fund's obligation. This is due to the fact that the City of San Diego
allocates all the costs for treatment (including the maintenance and operation of the Metro
system, and Capital Improvement Projects) to all participating agencies in proportion to the
quantity and quality of sewage they each contribute to the system. The City of Chula Vista's
proportionate share is based upon the current flow of approximately 9% of the total flow in the
Metro system.
City's Operation and Maintenance Expenditures
The City of Chula Vista had been developing at a very fast pace. Consequently, the addition of
new sewer mains to the collection system required the addition of new staff and equipment to
maintain these facilities. The City's in-house maintenance, operations (M & 0) and capital
costs represent approximately 38% of the operating budget. The City continues
to benchmark with other agencies throughout the region and the results of surveys indicate that
the City's costs for M & 0 are comparable with those of other agencies of similar size or
characteristics with one notable difference. The average spill recorded in the Orange,
Riverside, and San Diego Counties by the State Water Resources Control Board for FY 2006-
07, is 1.9 spills per 100 miles compared to only 0.8 spills per 100 miles for the City of Chula
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Vista. Chula Vista's spill rate for the most recent year was 58% lower than the three-County
average, a testament to the City's diligent management of the wastewater collection system.
Cost Allocation by User Class
CDM has developed a proposed revenue plan, which not only corrects for customer base and
growth rate, but also includes refinements to the cost allocation among the various user classes
based on quantity and quality of flow discharged by each user class. Attachment C shows the
account and flow distribution of the various users of the system who are obligated to share in
the cost of maintaining and operating this system. Single-family residential customers
represent approximately 91 % of the customer base and generate approximately 61 % of the
flow. Multi-family residential and commercial customers makeup the remaining 9% and
generate 39% of the flow. These percentages form the underlying basis of the cost allocation.
Attachment D shows the existing cost allocation and the proposed re-allocation. Adoption of
CDM's recommendations will make the rate structure even more proportional to use and also
more equitable.
.
Single-family Residential Billing Method - Implementation of a "Return Factor" for
Single-Family Residential Customers
A previous analysis of the City's sewer customer billing data indicated that the City's current
approach of billing single-family residential customers based on the lowest two winter months
of water usage is a fair and equitable method and is used by a majority of large utilities in the
United States. However, over the last few years, a significant number of customers seem to
continue to irrigate even during the lowest-use winter months. Since the usage within that
period is the basis of the customer's sewer bill for the fiscal year, a re-valuation of the
currently assumed 100% return factor for this user class determined that implementing a ninety
percent (90%) return factor, (assuming that 10% of the water used during this period by the
customer was used for irrigation, and 90% was used inside the house and returned to the sewer
system) still achieved mass balance. This reduced return factor was validated through a
comparison of billed sewer volume conveyed to Metro and customer billed estimates.
. Independent Study to verify the "Return Factor" for Single Family Residential
Customers
Although staff is currently recommending that the City implement a 90% return factor for
single-family residential customers at this time, this recommendation is based on the review of
similar studies by other agencies in the region, and validation by a mass-balance analysis.
However, since the flow generation characteristics of this user class may vary from region to
region, staff will be seeking a grant to conduct a limited study involving Chula Vista residents,
to determine the "actual" return factor for an "average" single-family residential household in
the City of Chula Vista. This may involve installing meters at sewer laterals, tracking the
number of users per household, and other relevant factors that impact sewage generation. The
goal of this study would be to determine an "actual" rate of return for Chula Vista residents
compared to County averages and help ensure that return rate assumptions are most reflective
of our city.
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Recommendations - Proposed Rate Plan
The current rate plan, which was adopted in July 2005, for FY 2005-06 through FY 2009-10,
represented an overall annual increase in revenue requirement of 7.5% for the first three years
and 3.5% for the two years thereafter. Although, the last Cost of Service Study by CDM
developed a five-year financial plan for FY 2007-08 through FY 2011-12, CDM recommended
the adoption of a three-year plan (FY 2007-08 to FY 2009-10) due to a variety of current/near-
term issues that could have significant impacts on future rates. The major issue is the potential
upgrade of the Point Loma Treatment Plant from an advanced primary treatment plant to a
secondary treatment plant, currently estimated to cost approximately $700 million to $1
billion. The City of San Diego has decided to request another waiver-results are not
anticipated for up to another year. It is for this reason that staff concurs with CDM's
recommendation to adopt a three-year rate plan. The proposed rate plan, being scheduled for
Council consideration on February 5, 2008, represents an overall increase in revenue
requirement of 5% for the remainder of Fiscal Year FY 2007-08, and two consecutive 9.9%
increases for the two years thereafter. This would be in lieu of the scheduled 3.5% increases.
Effective Date Adopted Rate Proposed Rate
Increases Increases
July 2005 7.5 Percent
July 2006 7.5 Percent
July 2007 7.5 Percent
February 2008 - 5.0 percent
July 2008 3.5 Percent 9.9 percent
July 2009 3.5 Percent 9.9 percent
Sewer Facility Replacement Fee Update
The Sewer Facilities Replacement Fee, which is a component of the sewer service charge, was
established in 1987 as a funding mechanism for the rehabilitation and/or replacement of
structurally deficient sewer facilities. This goal is achieved through the implementation of a
comprehensive Sewer Rehabilitation Program.
Sewer Rehabilitation Program
The Sewer Rehabilitation Program is a $1.4 million/year program, which involves the relining or
replacement of aging pipelines within the City's wastewater collection system. It also funds the
reconstruction of existing pump stations. This program has so far been driven by the information
gathered through a comprehensive video monitoring program. City crews using specialized
vehicles equipped with video cameras televise and evaluate the conditions of various lines within
the collection system. Using data gathered through this process, a priority list is developed of
locations that need to be rehabilitated or replaced. Subsequently, these lines are improved as part
of an annual Capital Improvement Program which the City funds every year.
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The current fee, funding level, and cost allocation were last evaluated in 2005 as part of the
Wastewater Master Plan Update, which was done concurrent with the General Plan Update. More
recently, staff reviewed the historical records i.e. findings of previous monitoring efforts, required
improvements and cost of the required improvements and made the following determination:
a. Program Status
Video Monitoring - Current data in the system indicates there are approximately 477 miles of
sewer lines in the City's wastewater collection system as of the beginning of FY 2007-08. To
date, Public Works crews have televised a net 155 miles of sewer lines mostly located within
the western portion of the City. This represents approximately 32% of the entire collection
system, which means that approximately 68% or 322 miles remain to be televised (mostly in
the eastern/newer section of the City). It is expected that the remaining portion of the system
will be televised within the next 10 years, after which the process will be repeated.
Completed Improvements - To date the City has completed over 30,000 l.f (7.5 Miles) of
required improvements at a cost of approximately $4.4 million.
b. Revenue Requirements - Although future monitoring efforts will be focused on the
eastern/newer portion of the City, which may result in a lower level of rehabilitation and/or
replacement, there is the potential that unanticipated replacement projects, and the findings
from the current Infiltration & Inflow (I & I) Study, could result in additional expenditures.
Therefore, staff recommends setting the fee such that it continues to generate the same
level of revenue as it does today ($1.4 million).
c. Review of the cost allocation among the user classes - The estimated cost of service of
$1.4 million per year was then used as the basis to allocate costs to the various user classes
in proportion to the quantity of wastewater contributed, and to develop the revised fees for
each user class. Using the same customer data as was used in the Cost of Service Study by
CDM, staff determined that the current cost allocation needed to be changed. Since the
City now has a consumption-based sewer service fee structure for all users, staff
recommends that the Sewer Facility Replacement Fee also be revised to a consumption-
based fee for all users. Staff is recommending a new fee of $O.l8/Hundred Cubic Feet
(hcf). Consequently, single-family residential users who are currently billed a flat fee of
$1.97/month, will now pay $0.18/hcf. Although, each user's fee will be dependent on
actual usage, the "average" single-family residential user will pay $1.62/month. For multi-
family dwellings and commercial users, fees will be increased from $O.II/hcfto $0.18/hcf.
The detailed cost allocation calculation is shown in Attachment E.
Table 2
Proposed Sewer Facilities Replacement Fee Update
User Class Current FY08 FY09 FYIO
$/hcf
Single-Family $1.97/month $0.18 $0.18 $0.18
Multi-family $O.l1/hcf $0.18 $0.18 $0.18
Commercial $O.ll/hcf $0.18 $0.18 $0.18
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Overall Rate Imoacts
Single-Family Residential Users
In July 2007, the City implemented the previously adopted rates, which represented a 7.5%
percent increase in revenue requirement from the prior year. Although, a 5% increase in revenue
requirement is being recommended for February 2008, it will have almost a zero net impact on the
average single-family residential user, who will see a net reduction offour cents on their bill. The
minimal impact is primarily due to the implementation of a 90% return factor and the reduction of
the sewer facilities replacement fee component of the sewer service charge. Attachment F shows
the impact of the proposed increases on single-family residential users at various levels of usage
from FY 2007-08 through FY 2009-10.
Multi-Family Residential and Commercial Customers
The individual impacts to these classes of customers will vary in accordance with their water
consumption (sewage generation). Collectively, the impacts on these user classes are shown in
greater detail in Attachment F.
Comoarison of City of Chula Vista's Sewer Service Fee with Other Local Al!encies
While acknowledging that every agency's cost for operating its wastewater collection system
varies in accordance with its unique characteristics (size, age of system, demographics etc.),
Attachment G shows a comparison of the sewer service charge an "Average Single-Family
Residential User" all the participating agencies in the Metro system, whose treatment costs per
million gallons, is the same as Chula Vista's.
Proposition 218
Pursuant to the California Supreme Court decision in the Bighorn-Desert View Water Agency v.
VeIjil, local govemments must comply with the notice and majority protest proceedings of Article
13D, section 6 (a) of the California Constitution when seeking an increase in sewer fees. Thus,
the City is required to provide written notice by mail of the proposed fee increase to the record
owner of each identified parcel upon which the proposed fee increase is imposed, the amount of
the proposed increase in the fee, the basis upon which the amount of the proposed fee increase is
calculated, the reason for the proposed increased fee, together with the date, time and location of a
public hearing on the proposed fee increase. The City shall conduct a public hearing upon the
proposed fee increase not less than 45 days after the mailing of the notice. At the public hearing,
the City shall consider all protests against the proposed fee or charge. If written protests against
the proposed fee or charge are presented by a majority of the owners of the identified parcels, the
City shall not impose the increase in the fee.
Tonight, the Resolution Declaring the City's Intention is before the City Council. Should the
Resolution of Intention be approved tonight, a Notice (Attachment H) will be mailed to all
property owners within the City who may be impacted by this rate increase. Based on our records,
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notices will be mailed to 52,902 property owners who will be impacted by the rate increase. The
notice will explain the reasons for the increase, the impact of the rate change on their bill, the
majority protest process and an invitation to attend a public hearing to be held 45 days later
(February 5, 2008).
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council Members and has determined that the
effect of the decision contemplated by this action on the public officials' interest in real property
also affects ten percent or more of all property owners in the public official's jurisdiction or 5,000
property owners in the jurisdiction of the official's agency in substantially the same manner.
Therefore, pursuant to California Code of Regulations sections 18707 and 18707.1, the Public
Generally Exception applies.
FISCAL IMPACT
If a majority protest does not occur related to the proposed sewer rate adjustments and if the City
Council subsequently approves the proposed sewer rate adjustments and increases, it is anticipated
that the City will generate sufficient revenues to meet projected fund expenditures for Fiscal Years
2007-08 through 2009-10. The Sewer Service Revenue Fund started Fiscal Year 2007-08 with an
un-appropriated balance of approximately $4.1 million. If the increase is not approved, that
balance would drop to $0.8 million by the end of the fiscal year. With the proposed rate
adjustment, the fund balance would increase to $1.4 million and then start to recover in the
ensuing years. This fee adjustment will increase the fund revenues by approximately $11.6
million, over the next two-and-a-half years.
If the fee increase is not approved, the City may address the resulting shortfall through a transfer
from the General Fund or by making operational cuts. Since the City cannot control the sewage
generation or treatment costs, the only other area of control will be the City's in-house operations
and capital expenditures. Reductions in these areas will impact our pipe cleaning, pipe monitoring
and pipe rehabilitation programs. The City's excellent spill-prevention record can be attributed to
these programs. Consequently, cuts in these programs could make the wastewater collection
system more susceptible to sewer spills, which could then result in significant penalties from the
State Water Resources Control Board. Therefore, the approval of the proposed rate increases is
crucial to the City's ability to provide a high level of operation and maintenance of the City's
wastewater collection system.
Furthermore, approval of the proposed sewer facility replacement re-allocation will ensure that the
City's cost allocation for each user group better correlates to their estimated impacts on the
system. This fee adjustment will continue to generate approximately the same level of revenue as it
does today ($1.4 million) over the next two-and-a-half years. The Sewer Facility Replacement Fund
currently has an unappropriated balance of approximately $3.3 million.
ATTACHMENTS
A. Cost of Service and Rate Study For Sewer Services - October 2007
8-10
B. Existing and Proposed Rate Schedules
C. Account and Flow Distribution by User Class
D. Existing and Proposed Cost of Service Allocation
E. Sewer Facility Replacement Fee Cost Allocation/Fee Determination
F. Rate Impacts on Various User Classes
G. Other Cities Rates- Single-Family Residential User Comparison
H. Public Hearing Notice
Prepared by: Anthony Chukwudolue, Senior Civil Engineer, Engineering Department
f \Engineer\A GENDA \CAS2007\12-18-07\Intention to Increase Sewer Rate.ac.doc
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ATTACHMENT A
City of Chula Vista
Cost of Service and Rate Study for Sewer Services
October 2007
Prepared by:
CDM
111 Academy, Suite 150
Irvine, California 92617
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Contents
Executive Summary .............................................. ............................................................. ES-1
Section 1 Introduction .................................................................... .................................. .1-1
1.1 Background ..................................................... .....................................1-1
1.2 Purpose.................................................................................... ............ .1-4
1.3 Scope of the Study ...............................................................................1-5
Section 2 Revenue.............................................................................................................. 2-1
2.1 User Classifications and Customer Growth ....................................2-1
2.2 Billing Method .....................................................................................2-2
2.3 Existing Sewer Rates ...........................................................................2-4
2.4 Sewer Service Fee Revenue Under Existing Rates..........................2-5
2.4.1 Revenue Under Existing Rates .............................................2-5
2.4.2 Other Revenues ............................................ ..........................2-6
2.4.3 Interest Income ....................................................................... 2-6
Capital Improvement Program .......................................................................3-1
Revenue Requirements ....................................................................................4-1
4.1 Operations and Maintenance Expense.............................................4-1
4.2 Debt Service Requirements ................................................................4-2
4.3 Transfer of Revenues to the Sewer Facilities Replacement Fund.4-2
4.4 Transfers of Revenues to the Storm Drain Fund ............................4-2
4.5 Bad Debt Write-offs.............................. ...............................................4-2
4.6 Routine Capital Outlays .....................................................................4-2
Section 5 Cash Flow Analysis ..........................................................................................5-1
5.1 Proposed Revenue Adjustments.......................................................5-1
Section 6 Cost of Service Analysis...................................................................................6-1
6.1 Cost of Service to be Allocated..........................................................6-1
6.2 Wastewater Parameters...................................................................... 6-2
6.2.1 Volume Related Costs............................................................6-2
6.2.2 Wastewater Strength Costs...................................................6-2
6.2.3 Customer Costs........................................................ .............. .6-2
Allocation to Wastewater Parameters ..............................................6-3
6.3.1 Allocation of Capital Costs ...................................................6-3
6.3.2 Allocation of Operating Expense .........................................6-3
Allocation of Cost to Customer Classes ...........................................6-4
6.4.1 Customer Classifications............. ............................... ...........6-4
6.4.2 Units of Service ........................ ............... ................................6-5
6.4.3 Unit Costs of Service ..............................................................6-6
6.5 Customer Class Costs of Service .......................................................6-7
Section 7 Rate Design........................................................................................................ 7-1
7.1 Proposed Sewer Rates......................................................................... 7-1
7.2 Appeal Process..................................................................................... 7-2
7.3 Rate Revenue Comparison.................................................................7-2
7.4 Proposed Rates................................................................................. ... 7-3
7.5 Rate Comparisons ................................................................. .............. 7-5
Section 3
Section 4
6.3
6.4
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Executive Summary
The City of Chula Vista (City) requested Camp Dresser & McKee (CDM) to conduct
an update of the cost of service and rate study for sewer service. The purpose of the
study is to evaluate the existing sewer rates, review and evaluate revenues and
revenue requirements, and perform cost of service and rate analyses to ensure equity
among customer classes. This report documents the results of the study and
recommends sewer rates that the City should charge its customers in the study
period.
Throughout this study, fiscal years will be termed as follows: Fiscal Year 2007-2008 is
shown as FY 07-08, FY 2008, or just 2008 herein.
The objective of this report is to support development of fair and equitable rates that
can be easily implemented and updated for the City's sewer system for the study
period of FY 07-08 through FY 11-12 and a five-year financial plan that will secure
financial stability of the sewer enterprise.
This financial plan was developed based on information that was readily available at
this time (from both the City of Chula Vista and the City of San Diego). Since the City
of Chula Vista receives wastewater treatment services from the City of San Diego
Metropolitan Wastewater District (Metro) and those costs are a significant component
of the fund's obligation, any major policy decisions (i.e., current consideration to
upgrade the Point Lorna treatment Plant from an advanced primary treatment plant
to a secondary treatment plant) will definitely impact the financial plan. The City will
have to re-evaluate the rates developed through this study should that situation or a
similar situation with significant unanticipated financial impacts arise.
The sewer service fees collected by the City of Chula Vista are primarily used to
maintain and operate the wastewater collection system and pay for the cost of
wastewater treatment. In addition to the sewer service fee, users also pay a sewer
facilities replacement fee and a storm drain fee as part of their monthly fbi-monthly
service charge. However, the storm drain fee was not analyzed in this study.
Revenues generated through the storm drain fee and sewer facilities replacement fee
are later transferred into the Storm Drain Fund and Sewer Facilities Replacement
Fund respectively.
We recommend the results of this study be used to make sewer rate adjustments
effective this fiscal year and the next two years. Beyond that time frame, significant
changes, such as potential cost increases from Metro, are likely to occur and a new
analysis should be conducted.
Summary of Findings and Recommendations
1. The City is currently serving approximately 47,000 individual sewer customer
accounts. The study anticipates continued increases in the number of sewer
customers throughout the study period. The projected growth rate varies
ES-1
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Executive Summary
depending on the customer category. Below are the annual percentage growth
rates used for the various customers; the rates were based on the review of
historical trends in the City within the last 2 years.
Table ES-l
Projected Growth by Customer Class
Customer Class FY 08-09 FY 09-10 FY 10-11 FY 11-12
Single-Family Residential 1.15% 1.15% 1.15% 1.15%
Multi-Family Residential 1.0% 1.0% 1.0% 1.0%
Mobile Homes 1.0% 1.0% 1.0% 1.0%
Commercial Low 1.0% 1.0% 1.0% 1.0%
Commercial Medium 0.0% 0.0% 0.0% 0.0%
Commercial High 0.0% 0.0% 0.0% 0.0%
Special Users 0.0% 0.0% 0.0% 0.0%
2. Sewer utility revenues are principally derived from sewer service fees. Other
revenue sources include industrial waste permits, miscellaneous fees, and interest
income among others. The Operating Fund is currently self-supporting, although
using existing reserve balances, and the proposed financial plan does not provide
for any future transfers from any other sources.
3. The sewer utility's annual revenue requirements consist of operations and
maintenance (O&M) expenditures, routine capital outlays, write-offs of
uncollectible accounts, and transfers to the replacement fund and storm drain
fund. O&M expenses, including capital outlays, are projected to increase from
$29,455,400 in FY 07-08 to $34,118,600 in FY 11-12.
4. By definition, cost of service is the annualized revenue requirements net of
revenue credits from other miscellaneous sources that need to be met through
sewer rates. The City's estimated 2008 test year cost of service to be met from
sewer rates totals $26,742,400. Revenue derived from charges for service under
current rates is estimated to be $25,469,000 for FY 07-08 excluding revenues
derived from Sewer Facilities Replacement Charges and Storm Drain Charges.
Therefore, the adopted rates are inadequate and do not generate sufficient
revenues to meet the revenue requirements.
5. Although not the subject of this rate study, also of note is the Sewer Utility Capital
Improvement Program (CIP) which is projected to total $9,101,300 over the next
five years - from FY 07-08 through FY 11-12. Projects include sewer replacements,
and annual improvements to the sewer system. To finance the capital program,
several funding sources are planned to be used, including sewer facility
replacement fees, storm drain fees, sewer capacity charges, transfers from the
General Fund, and existing fund balances in the capital funds. Consequently,
ES-2
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Executive Summary
capital costs will be offset by other funding sources and hence do not affect this
study
6. The purchase of additional Metro capacity is not included toward current CIP as
negotiations are underway. A reserve has been created towards paying for
additional capacity, but it will not be adequate, and additional debt may have to
be issued to cover the remainder of capacity costs. This debt will be serviced by
the Trunk Sewer Capital Reserve Fund and will not affect rates detailed in this
report.
7. Required revenue increases throughout the study period are based on an analysis
of the sewer utility's revenues and revenue requirements. Our analyses indicate
sewer utility revenues will require the following increases for FY 07-08 through
FY 11-12. There will be an initial 5.0% increase to the currently effective FY 07-08
rates and the subsequent rate increases will be in lieu of the previously adopted
rate increases.
Effective Date Adopted Rate Proposed Rate
Increases Increases
July 2005 7.5 Percent
July 2006 7.5 Percent
July 2007 7.5 Percent
January 2008 - 5.0 percent
July 2008 3.5 Percent 9.9 percent
July 2009 3.5 Percent 9.9 percent
July 2010 3.5 percent
July 2011 3.5 percent
8. A cost of service approach is used to develop rates for sewer service. This means
that customers are charged based on their proportional usage of facilities. The
proposed rates are consistent with State Water Resources Control Board (SWRCB)
guidelines and recognized rate industry standards as described in the Wastewater
Environment Federation (formally Wastewater Pollution Control Federation) rate
manual. Rates are set to recover the cost of service (maintenance, operation and
treatment). Wastewater treatment costs are dependent on the quantity and quality
of the effluent that is treated at the plant. In the San Diego Metro system, the
quality of the effluent is measured by two components; chemical oxygen demand
(COD) and total suspended solids (TSS). Consequently, rates are developed using
uniform unit costs for volume, chemical oxygen demand (COD) and total
suspended solids (TSS). These are applied to loadings and demands for service
from each customer category. The resulting cost of service rate schedule is based
on a uniform cost of service and recognizes different loadings for each customer
class.
9. Based upon results from the detailed cost of service study for the FY 07-08
through FY 11-12 test years, the proposed schedule of sewer rates shown in Table
ES-3
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Executive Summary
17 have been developed to recover the utility's cost in an equitable and practical
manner from all customers served. The proposed rates have higher fixed charges
and volume charges than the rates previously adopted and scheduled to go into
effect. The rates currently scheduled to go into effect will not produce the
necessary level of revenue.
10. Based on the findings of a recent City staff review of the historical records (i.e.,
findings of previous monitoring efforts, required improvements) and cost of the
required improvements, it is recommended that the Sewer Facilities Replacement
Fee be amended as follows: for all users the fee will be set at $0.18 per HCF.
Single-family users will no longer be charged a flat fee of $1.97 and for multi-
family Inon-residential users the fee will be increased from $0.11 to $0.18 per HCF.
11. The average single-family residential (SFR) customer is estimated to have an
average monthly water usage of 10 hundred cubic feet (HCF) or 120 HCF per year.
Table 17 shows a comparison of typical SFR monthly sewer bills under the
scenarios reviewed in this study.
Briefly, the average household pays $34.30 per month under the existing rates.
The rate structure changes proposed in this study incorporate cost of service
restructuring and results in an average monthly FY07-08 SFR bill of $34.26. This
means that a typical single-family residential customer will pay $0.04 per month
less under the proposed rates than under the adopted rates due primarily to the
reduction of the return factor as discussed below and the reduction of the sewer
facilities replacement fee for residential users. Detailed charges for other SFR
accounts with varying water usage are shown in Table 17.
12. Each customer class was assigned a return factor based on the average amount of
water that is conveyed through the sewer system. In previous studies, single-
family residential customers were billed as if 100 percent of the water entering
their residence was returned to the sewer system. Some of the water used by
single-family residential customers, even in winter, does not go back into the
sewer system due to landscape irrigation and other outdoor uses. By comparing
billed water flows to the sewer flows billed by Metro, the single-family residential
customer class has been assigned a 90 percent return factor in this study reflecting
the assumption that only 90 percent of water used will be conveyed through the
sewer system. Therefore, a typical customer using 10 HCF of water will only be
billed for sewer service based on a 90 percent return factor or 9 HCF. This
reduction in billed volume is the reason for the reduction in the typical SFR bill.
13. The City of Chula Vista bills its customers in three different ways. Customers
under Otay Water District's (Otay) jurisdiction are billed for water and sewer
services monthly on the same bill by Otay. Customers in Sweetwater Authority's
(Sweetwater) jurisdiction who reside in the pre-annexation area are billed for
sewer services bi-monthly by the City's Finance Department. The remaining
customers who are in the Montgomery area of the City who are in either
Sweetwater's or CAL-American's jurisdiction are billed for sewer services
ES-4
8-17
COM
Executive Summary
annuaIly on the property tax bill by the City's Engineering & General Services
Department. AIl these billing units had independent databases that were not
linked. Ultimately the customer data, which was used in the 2005 study, was
assembled from these databases. Through a recent audit of these systems, in
preparation for this new study, it was determined that the baseline customer data
used in the previous study was significantly higher than it should have been.
Consequently, the revenue requirement was spread over more customers than
ultimately existed, resulting in rates that were lower than they should have been,
and lower revenue than projected.
14. In addition, just prior to the 2005 Study, the City of Chula Vista was experiencing
an influx of new development, which seemed to be on track to continue for a
significant amount of time. Unfortunately, shortly after the adoption of the rate
plan, development peaked and went into a significant downtum, which seems
inclined to continue for the next few years. That has ultimately impacted the
revenues for the past two years. Consequently, the customer data used in this
study is significantly different from the previous study. The updated data
indicates that the projections of customer data (i.e., number of customers and
billable flow) were significantly higher than what actuaIly occurred, which further
impacted the revenues. Therefore, the combination of the inadequate rates and the
decline in the growth rate resulted in fewer paying customers, lower sewage
volume, and consequently lower than expected revenue for the utility. Residential
single-family growth has dropped from 5 percent to 1.15 percent. This has
resulted in a decline in expected revenues of approximately $2 million in FY07-08
and some $17.5 million over the period analyzed. Had the baseline customer data
been accurate, and had growth continued as previously predicted, the adopted
rates would have been adequate to cover expenses.
65000
60000
l!!
" 55000
E
S
.. 50000
"
(.)
-
0 45000
~
"
.a
E 40000
"
z
35000
30000
~." ~ ~., ~'" c- ~'b ~O; ,,<::l ,," ,,'\.
'\.<:l '\.<:l '\.<:l '\.<:l '\.<:l <:l '\.<:l '\.<::l '15' '15'
'];
Year
----- Current Model
-- Plior Model
Figure ES-1 - Previous and Current Study Estimates - Number of Customers
ES-5
8-18
COM
Executive Summary
15. As a result of not meeting revenue projections, expenses have exceeded revenues
and operating reserves are declining. Figure ES 2 below illustrates the difference
between current and previous study estimates. The lower line (red) reflects
revenue estimates based on adopted rates from the previous study, and the higher
line (green) reflects revenue estimates based on proposed rates for the current
study.
40.0
35.0
30.0
. 25.0
..
"0
c 20.0
c
~ 15.0
;;
10.0
5.0
0.0
2008
2011
2012
2009
2010
Fiscal Year
c::::::JO&M Expense (Last Study)
-.- Revenue with 7.5% increases (Last Study)
c:.::::J O&M Expense (This Study)
__ Re\enue .....ith 5% increases (This Study)
Figure ES-2 - Previous and Current Study Estimates - Revenues & Expenditures
16. Another important element that was taken into consideration in establishing the
revenue requirements is the restoration of a healthy operating reserve balance. The
study determined that with the projected revenue increases, reserves would be at
minimal levels for the next two years but begin a steady process of returning to
recommended levels after that. The indicated minimum reserve level has been set
at a 90-day working capital balance, typical for utilities. That amount is roughly
equivalent to the City's quarterly payment to Metro and also allows for an
emergency reserve. Bond rating agencies indicate reserves closer to 180 days are
typical for utilities with higher bond ratings.
90
8.0
70
6.0
5.0
4.0
3.0
20
1.0
00
2008 2009
.
.
2010
Year
2011
2012
_ Cumulati..e Operating Fund Balance -+- Minimum Desired Balance
Figure 2 Target Reserves vs. Actual Reserve Balance
ES-6
8-19
CDM
Executive Summary
15. A 5 % mid-year increase in FY 07-08 will assure revenues will be adequate to meet
expenses and start replenishing reserves. Due to Proposition 218 requirements, a
lead-time of several months is needed to comply with all regulations.
Consequently, rates are not anticipated to go into effect until December of 2007.
Proposed Rate Schedule
Shown below is a proposed rate schedule for the next five years. However, we
recommend only rates to be effective January 1, 2008 and Fiscal Years 2008-2009 and
FY 2009-2010 be approved at this time.
TABLE 16
Proposed Rate Schedule for Fiscal Years 2008 Through 2012
2008 2009 2010 2011 2012
Meter Monthly Service Chan::;e (1)
= $/month $/month $1month $/month $/month
Single-Family Residential 7.35 8.00 8.73 9.01 9.01
All Others
5/8 6.65 7.30 8.03 8.31 8.31
3/. 6.65 7.30 8.03 8.31 8.31
1 11.08 12.17 13.38 13.85 13.85
11/2 22.16 24.35 26.76 27.70 27.70
2 35.45 38.96 42.81 44.31 44.31
3 66.47 73.05 80.28 83.09 83.09
. 110.78 121.7' 133.79 138.48 138.48
6 221.55 243.48 267.59 276.95 276.95
8 354.48 389.57 428.14 443.13 443.13
Volume Charge (1)
$/hcf $/hcf $/hcf $/hcf $/hcf
Residential
Single-Family 2.99 3.27 3.57 3.69 3.82
Multi-Family 3.05 3.33 3.63 3.75 3.88
Mobile Homes 3.05 3.33 3.63 3.75 3.88
Non-Residential
Commercial - Low 3.05 3.33 3.63 3.75 3.88
Commercial - Medium 4.13 4.52 4.94 5.10 5.27
Commercial - High 6.29 6.89 7.55 7.80 8.07
Special Users 2.98 3.33 3.63 3.75 3.88
(1) Includes the Sewer Facilites Replacement Fee and Storm Drain Fee
Typical Bills
The table below shows residential bills under proposed rates for various levels of
winter periods water usage. The table recognizes that effective January I, 2008
residential users will be assigned a 90% return factor to provide an allowance for
winter period irrigation usages. Figure ES-3 shows the distribution of residential
customers by usage levels from I hcf to 20 hcf. The figure shows that the average is
not only 10 hcf but the largest number of users have a sewer bill based on 10 hcf.
ES-7
8-20
CDM
Executive Summary
TABLE 17
Comparison of Typical Single-Family Residential Monthly Sewer Bills
(1) (2) (3) (4) (5) (6) (7)
FY 2008 FY 2008 FY 2009 FY 2010 FY2011 FY 2012
Adopted Proposed Proposed Proposed Proposed Proposed
~ ~ Charae Charae ~ ~ ~
hef/mo. $ $ $ $ $ $
0 9.00 7.35 8.00 8.73 9.01 9.01
1 11.53 10.04 10.95 11.94 12.33 12.44
2 14.06 12.73 13.89 15.16 15.66 15.88
3 16.59 15.42 16.83 18.38 18.98 19.31
4 19.12 18.11 19.77 21.59 22.30 22.75
5 21.65 20.80 22.71 24.81 25.63 26.18
6 24.18 23.49 25.65 28.03 28.95 29.61
7 26.71 26.18 28.59 31.24 32.27 33.05
8 29.24 28.87 31.54 34.46 35.60 36.48
9 31.77 31.57 34.48 37.68 38.92 39.92
10 34.30 34.26 37.42 40.89 42.24 43.35 I
11 36.83 36.95 40.36 44.11 45.57 46.78
12 39.36 39.64 43.30 47.33 48.89 50.22
13 41.89 42.33 46.24 50.54 52.21 53.65
14 44.42 45.02 49.18 53.76 55.54 57.09
15 46.95 47.71 52.13 56.98 58.86 60.52
16 49.48 50.40 55.07 60.19 62.18 63.96
17 52.01 53.09 SS.G1 63.41 65.51 67.39
18 54.54 55.78 60.95 66.63 68.83 70.82
19 57.07 58.48 63.89 69.84 72.15 74.26
20 59.60 61.17 66.83 73.06 75.48 77.69
6,000
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USAGE (HCF)
Figure ES-3- Distribution of Customers at Each Level of Usage1,2
1 New customers who do not have a "winter usage history" are set up as "an Average" customer -10
HCF.
2 The City has a "Cap" of 20 HCF, therefore all customers who have a "winter average" of 20 HCF or
above are billed for only 20 HCF.
ES-8
8-21
tDlII
Executive Summary
Rate Comparisons
CDM performed a survey of wastewater charges in cities in San Diego County and
the results are presented in Figure 3 below. The figure clearly shows rates in Chula
Vista are on the low end in the County.
70,00
60.00
50,00
40.00
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30.00
20,00
10.00
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9
ES-9
8-22
i:DM
Section 1
Introduction
1.1 Background
The City of Chula Vista is the sewer and storm drain service provider to the
residences and commercial enterprises in its service area. The city is located eight
miles south of the city of San Diego and seven miles north of the Mexico border and
covers approximately 50 square miles. The city has grown at a rapid pace, primarily
due to new development on its eastern side in addition to in-fill development on the
west. Recently growth has slowed, however.
Wastewater generated in the city is collected and sent to treatment facilities in Point
Lorna and South Bay operated by the City of San Diego Metropolitan Wastewater
Department (Metro). The City is billed by Metro based on the wastewater flow and
strength sent to these treatment plants.
In providing sewer service, the City incurs considerable expense related to the
ongoing operating and capital needs of the utility. Operating and capital expenditures
change annually because of the need for repairs and replacements to existing facilities,
the need to improve service to meet more stringent state and federal environmental
compliance requirements, and to stay abreast of inflationary trends. The City, in
recognition of the importance of financially planning for the costs to replace, improve,
and operate the sewer utility, has engaged Camp Dresser & McKee to perform a
comprehensive update to the sewer cost of service and rate study performed in 2005.
The City's priorities in the coming years include the acquisition of additional
treatment capacity. The City is currently evaluating a variety of options for meeting
this need, some of the options being considered include a.) purchase or lease of
additional treatment capacity rights from a member agency or agencies in the Metro
system, b.) construction of an independent wastewater reclamation facility or c.)
facilitating the upsizing or acceleration of planned Metro treatment facilities to
accommodate the City's needs.
Although not part of this rate analysis given alternate funding sources, in addition,
the City also has plans for on-going upgrades and improvements of its municipal
sewer system. All these projects are included in the City's five-year capital
improvement program. A major challenge will be to balance the requirements of
expanded infrastructure with available City revenues. All planned expenditures will
need prioritization to assure that financial resources are used in the most effective
way. The City will also conduct a level of service review to ensure that the level of
service being provided is optimized and that available resources are used judiciously.
1-1
8-23
CDM
Section 1
Introduction
Sewer Service Charge
The City of Chula Vista's current Sewer Service Charge is made up of three different
fees; the Sewer Service Fee, the Storm Drain Fee and the Sewer Facilities Replacement
Fee as illustrated in the diagram below. Consequently, revenue generated by the
City's Sewer Service Charge is distributed between three separate funds. These
separate fees and funds are detailed as follows:
Sewer Fees Relationship Diagram
Sewer Service Charge
I I I
Sewer Service Fee Storm Drain Fee Sewer Facilities Replacement Fee
Vanes SFD $070lMonth SFD $1971Month
MFDIComm $O.06Ihd MFDIComm $O.11Ihd
I I I
Sewer Service Fund Storm Drain Fund Sewer Facility Replacement Fund
City M&O and Metro Exp Storm DrainlNPDES Sewer Rehab Projects
The Sewer Service Fee
This fee is comprised of two parts and is the focus of the study. There is a fixed
monthly fee paid by all users and a variable fee based on water consumption. The
fixed monthly fee is based on water meter size and currently ranges from $6.33 to
$337.60 per month. For the variable portion of the fee, residential and low-strength
commercial customers are charged $2.53 per Hundred Cubic Feet (HCF). Medium-
and high-strength commercial customers are charged $3.38 and $5.12 per HCF
respectively; while special user charges are individually calculated for each customer.
Sewer Service Revenue Fund - (Fund 41410)
Revenues derived from Sewer Service Fees are deposited into the Sewer Service
Revenue Fund. Funds in the Sewer Service Revenue account are used solely for the
purposes of maintaining and operating the municipal wastewater collection system,
any collection costs and wastewater treatment charges by the City of San Diego
Metropolitan Wastewater. Maintenance and operation is as dictated in Municipal
Code Section 3.20. This fund is considered the operating fund for purposes of this
study and will be discussed in detail later in the report.
Storm Drain Fee
While not part of this rate review, information regarding this fee is provided to
increase understanding of customer billing. This fee recovers a portion of the cost of
maintenance and operation of the storm drain system through two types of fees.
Single-family customers are charged a flat monthly fee, which is currently $0.70 per
month. All other customers are charged a monthly fee based on water consumption
that is currently $0.06 per HCF. This fee is collected as part of the monthly sewer
1-2
8-24
COM
Section 1
Introduction
service charge. Since this fee was established in 1991, the fee has never been increased
due to the constraints of Proposition 218. Consequently, the fee does not generate
sufficient revenues to meet the obligation of the fund.
Storm Drain Fund (Fund 30110)
Revenues in the Storm Drain Fund are derived from Storm Drain Fees paid by all
users for the operation and maintenance of the City's Storm Drain System including
underground drainage systems channels and ditches. Also competing for this limited
fund source are costs associated with complying with the requirements of the
National Pollutant Discharge Elimination System (NPDES). Because fee revenue is not
sufficient to meet budgetary requirements, the general fund currently subsidizes
storm drain activities. Details of the Storm Drain Fund are shown in the table below.
Storm Drain Fund
Description 2008 2009 ZQ1Q 2011 Wl
$ $ $ $ $
Source of Funds
Funds on Hand at Beginning of Year (374,200) (566.500) (753.100) (934.000) (1.109,100)
Storm Drain Fees (Transfer from Operating) 546,205 551,904 557,653 563.444 569,332
Permit Fees 400,000 400.000 400,000 400,000 400,000
Total Funds Available 572,005 385,404 204,553 29,444 (139,768)
Use of Funds
Fees and Services 342.100 342,100 342.100 342.100 342.100
Transfer to GENERAL FUND 343.700 343.700 343.700 343.700 343.700
Transterto REPLACEMENT FUND 179.726 179.726 179.726 179,726 179.726
Other Transfers Out 273.000 273,000 273.000 273,000 273,000
Total Use of Funds 1 ,138,526 1,138,526 1,138,526 1,138,526 1,138,526
Funds on Hand at End of Year (566,521) (753,122) (933,973) (1,109,082) (1,278,294)
[1] Interest on available storm drain fund computed at a 3.5% annual interest rate
Sewer Facilities Replacement Fee:
This fee is not the subject of the COM study however an internal review has resulted
in recommendations outlined below. This recovers the cost of sewer rehabilitation
and replacements through two types of fees. Single-family customers are currently
charged a flat monthly fee, which is currently $1.97 per month. All other customers
are charged a monthly fee based on water consumption that is currently $0.11 per
HCF.
Based on the findings of a recent City staff review of the historical records (Le.,
findings of previous monitoring efforts, required improvements) and cost of the
required improvements, it is recommended that the fee be amended as follows: for
single-family residential users the flat monthly fee of $1.97 will be removed. Under
the proposed rate schedule, all users, including single-family, multi-family and non-
residential users, will be charged $0.18 per HCF.
1-3
8-25
Section 1
Introduction
Sewer Facilities Replacement Fund (Fund 42800)
Revenues in the Sewer Facilities Replacement Fund are derived from Sewer Facilities
Replacement Fees paid on a monthly basis by all users connected to the City's
wastewater collection system. This fund is primarily used for the replacement and
rehabilitation of deteriorating municipal facilities, This fee is collected on a monthly
basis with the Sewer Service Charge, Details of the Sewer Facilities Replacement Fund
are shown in the table below, The table reflects the proposed changes in the Fees.
Sewer Facility Replacement Fund - 42800
Line Fiscal Year EndinQ June 30
No. Description 2008 2009 2010 .<!ill 2012
$ $ $ $ $
Source of Funds
1 Funds on Hand at Beginning afYear 3,382,608 1,689,548 1,781,406 1,884,944 2,000,262
2 Connection Fees 0 0 0 0 0
3 Sewer Facility Replacement Fees 1,392,368 1,406,632 1,421,013 1,435,491 1,450,228
4 Transfer in from Loan Payments 179,726 179,726 179,726 179,726 179,726
5 Interest Income 205,358 60,700 64,200 68,000 72,200
6 Total Funds Available 5,160,060 3,336,606 3,446,344 3,568,162 3,702,415
Use of Funds
7 Major Capital Improvements [2] 3,321,300 1,400,000 1,400,000 1,400,000 1,400,000
Bond Reserve Account Requirement 0 0 0 0 0
8 Automotive Equipment 0 0 0 0 0
9 Transfer out to Sewer Service Rev 149,212 155,200 161,400 167,900 174,600
10 Transfer out to General Fund
11 Total Use of Funds 3,470,512 1,555,200 1,561,400 1,567,900 1,574,600
12 Funds on Hand at End of Year 1,689,548 1,781,406 1,884,944 2,000,262 2,127,815
[1] Interest on available capital funds computed at a 3.5% annual interest rate.
[2] Shown on Table 3 as funding source "R".
1.2 Purpose
The purpose of this sewer rate study is to:
. Review and analyze the City's historical data and project future requirements and
resulting revenue needs;
. Plan for financing of the municipal capital improvement program proposed by the
City;
. Meet the financial requirements of system improvements;
. Analyze the cost of providing service by customer class;
. Develop an equitable sewer rate structure based on proper customer classification;
~ 1-4
8-26
an
Section 1
Introduction
. Design sewer rates based on cost of service, which will generate adequate
revenues to support revenue requirements.
1.3 Scope of the Study
This 2007 update to the 2005 rate study includes three phases: Financial Planning,
Cost of Service Analysis, and Rate Design.
. Financial Planning: Revenue requirements are projected for a five-year period
from FY 07-08 through FY 11-12. Financial planning involves estimation of annual
O&M and capital expenditures, inter-fund transfers, annual reserve requirements,
operating and capital revenues, and the determination of required annual sewer
service revenues from rates and charges.
. Cost of Service: Cost of service involves the apportioning of annual revenues
required from rates to the different user classes in proportion to their demands on
the sewer system.
. Rate Design: Rate design involves the development of a fixed and variable
schedule of sewer rates for each of the different user classes to reflect the required
revenue adjustments made during the financial planning phase.
This report includes six sections besides the Executive Summary and the Introduction.
Sections 2 through 7 present study results. These sections discuss in detail the
financial planning phase, cost of service analysis, and rate design phase.
1-5
8-27
COM
Section 2
Revenue
Revenue for the sewer utility is derived from sewer service charges, industrial waste
permits, miscellaneous revenues, and interest income from operations. This section
provides a description of those revenue sources.
2.1 User Classifications and Customer Growth
The level of future revenue from user fees the City can expect to receive is a function
of the number of customers served, the quantity of sewer flow, and the level of
current rates. Development of projected revenues under existing rates provides the
benchmark upon which to evaluate the need for revenue adjustments throughout the
five-year study period.
Seven classes of customer are recognized. They include single-family, multi-family,
mobile homes, low-strength commercial, medium-strength commercial, high-strength
commercial and special users (high-volume users and variance accounts). The study
assumes modest future growth in the City service area. Table 1 shows the projected
number of customer accounts, wastewater flow, and revenue assuming existing rates
for FY 07-08 to FY 11-12.
TABLE 1
Projected Number of Accounts, Volume, and Revenue
Fiscal
Year Ended
June 30
Average
Number of
Accounts
Total
WW
Volume
hcf
Revenue
Under
Existing
Rates
$
2007
2008 (1)
2009(1)
2010(1)
2011 (1)
2012 (1)
47,020
47,550
48,080
48,620
49,170
49,720
8,172,900
8,256,900
8,342,200
8,428,100
8,514,700
8,602,800
23,526,500
25,469,000
25,730,200
25,993,700
26,259,200
26,529,000
(1) Projected revenue under adopted FY 07-08 rates.
The City of Chula Vista also provides a low-income rate, which is 70% of the single-
family residential adopted rate. This rate is available to single-family residential users
who meet the City's income requirements for "low-income status." The City uses the
Federal Department of Housing and Urban Development's (H.U.D) guidelines as a
basis of approval.
2-1
8-28
COM
Section 2
Revenue
2.2 Billing Method
The City strives to establish sewer rates that are fair and equitable, so the billing
method for each user class is designed to match its estimated cost of service. Rates
have been designed to recover fixed costs of maintenance and operation of the
system, which is more dependent on the size of the collection system than on the
amount of flow in the system. The rates also recover variable costs for wastewater
treatment, which is based on the quantity and quality of the treated sewage.
Consequently, users pay a sewer service charge that is made up of two components: a
fixed service charge and a variable commodity charge. Together these two
components comprise the customer's total Sewer Service Charge.
Fixed Service Charge: This charge applies to all users including residential,
commercial & industrial, and institutional users. Based upon meter size, the charge
allows the City to break out and recover the fixed costs of service that the City incurs
irrespective of the amount of flow that goes through the system (e.g., billing and
administrative costs, certain portions of the maintenance costs and debt service).
Commodity Charge: This charge varies and is dependent on the amount of
wastewater discharges (as measured by water used) and the user's strength
classification
Monthly Sewer Service Fee: Fixed Service Charge + Commodity Charge
Commodity Charge: (Sewer Rate x Rate of Return x Water Used)
The Rate of Return is the percentage of the amount of water used by a user that is
ultimately discharged into the wastewater collection system.
Single-Family Residential Users
Single-family residential customers - These customers pay a uniform monthly fixed
service charge based on meter size (assumed to be 5 j 8ths inches for all single-family
residential customers -SFR). The fee is currently $6.33jmonth exclusive of storm drain
and sewer facilities replacement fees. In addition, variable commodity charge based
on water consumption is paid. The City of Chula Vista uses a customer's "Winter
Average" to set their sewer service fee for the fiscal year. This concept is explained in
greater detail below.
Winter Water Usage Approach
In July 2003, the Chula Vista City Council approved a major change in the way the
Sewer Service Charge is determined for single-family homes. The structure was
changed from a flat-fee structure where all homes paid the same fee, to a
consumption-based structure, which was based on the amount of water used which
typically correlates to the amount of sewage generated. Under this new structure, the
sewer service charge is determined by using the lowest average water consumption of
two consecutive winter months; the winter months are the six months from
2-2
8-29
an
Section 2
Revenue
November through April. The underlying assumption being that most customers
significantly reduce or turn off irrigation sprinklers during the winter season.
Therefore, the water consumption during that period generally correlates to the
amount of sewage discharged, hence the use of this data as the basis of the rates.
A previous analysis of the City's sewer customer billing data indicated that the City's
current approach of billing single-family residential customers the lowest two months
of water usage is a fair and equitable method and is used by a majority of large
utilities in the United States. However, since a significant number of customers seem
to continue to use water outside the home even in the lowest use winter months, it is
therefore appropriate to bill for less than the total amount of the water used during
the winter period. A 90 percent return to sewer factor (return factor) is used to
develop the proposed rates shown in this report as compared to the previous rate
study which utilized a 100 percent return factor. This reduced return factor is
validated by a mass balance calculation of billed sewer volume conveyed to Metro
and customer billed estimates.
In addition, the City also has a cap on billable flow for single-family residential
customers. Based on the findings of a previous study, the City adopted a cap of 20
HCF. That means that single-family residential customers are capped at 20 HCF per
month. The cap was put in place to avoid charging single-family residential customers
for any residual irrigation usage that may have occurred during the winter period.
The study determined that with a 90% rate of return and a cap of 20 HCF for single-
family residential customers and an appropriate rate of return for all other user
classes, the total amount of billable flow approximately equals the amount of flow
treated at the plant ("mass balance").
Multi-Family Users
Multi-family users pay a fixed service charge based on the meter size and a variable
commodity charge that is calculated either of two ways:
a. If the individual units do not have their own meters, then the entire complex is
billed as a multi-family location on a "Master Meter" with a rate of return of
79% (84% for Mobile Homes).
b. If each unit has its own individual meter, it is billed as single-family home (i.e.,
based on winter average).
Commercial Users
Commercial users also pay a fixed service charge based on their meter size and a
variable commodity charge that is based on the strength classification of the user.
Commercial users are classified as low-strength, medium-strength or high-strength
users. In addition, the billable flow for commercial users assumes a rate of return of
90% of water consumed.
2-3
8-30
COM
Section 2
Revenue
Special Users
There are two types of special users: High-Volume Users and Variance Accounts are
both discussed in greater detail below.
High-Volume Users:
The State Water Resource Control Board guidelines for agencies establishing revenue
programs such as this require that commercial and industrial customers who
discharge over 25,000 gallons per day (gpd) of wastewater have their sewer service
charges determined individually based on flow as well as Chemical Oxygen Demand
(COD) and Total Suspended Solids (TSS) or estimated strength.
The City currently has seven (7) accounts in this classification.
Prudential Overall Supply
Scripps Hospital
Sharp Medical Center
County of San Diego
Fredericka Manor
Laura Smith
B.F. Goodrich
Sewer Variances
The City also has customers who have been granted special rates based on other
criteria because their recorded water usage did not reflect sewage discharged. In
accordance with the provisions of Chula Vista Municipal Code, these customers pay
processing fees and go through an application process where each component of their
sewer discharge is investigated and a special rate based on cost of service is
determined by staff. The City currently has 11 accounts in this classification.
Duke Energy
First Church of Christ
Sweetwater Union High School
Canyon Community Church
Inland Industries
Ecology Auto Parts
Paseo Del Rey Church
CV Elementary Schools
Southwestern College
Santa Fe Tortilleria
Otay Landfill
2.3 Existing Sewer Rates
The existing rate schedule is presented below in Table 2.
2-4
8-31
mM
Section 2
Revenue
TABLE 2
Existing Sewer Rate Schedule
FY 2008
Monthly
Service
Charae
$Imo
Single-Family Residential
9.00
All Others
5/8
3/4
1
11/2
2
3
4
6
8
9.00
9.00
13.22
23.77
36.43
65.97
108.17
213.67
340.27
Volume
Charoe
$/hcf
Residential
Single-Family
Multi-Family
Mobile Homes
Non-Residential
Commercial - Low Strength
Commercial - Medium Strength
Commercial - High Stength
Special User
2.53
2.53
2.53
2.53
3.38
5.12
Varies
In addition to the Sewer Service Fees, all users pay a Sewer Facilities Replacement fee
and a Storm Drain Fee, which are all integrated, into the monthly Sewer Service
Charges. All SFR customers are currently charged $1.97 a month, while
MFDjCornrnercial customers are billed $O.l1jHCF. SFR customers are billed a storm
Drain Fee of $0.70 a month while MFDjCommercial are billed $0.06jHCF.
2.4 Sewer Service Fee Revenue Under Existing Rates
Revenue for financing the City's sewer system is derived principally from sewer
service charges. Other revenues are received from miscellaneous revenues and
interest income.
2.4.1 Revenue Under Existing Rates
Revenue under existing rates is obtained by applying the current rate schedule,
shown in Table 2, to the projected number of customers served by the City and
estimated wastewater flow. Table 1 shows that the City will collect approximately
$25,469,000 in FY 07-08 for sewer services, excluding Storm Drain Charge and Capital
Facilities Charge revenues.
2-5
8-32
mM
Section 2
Revenue
2.4.2
Other Revenues
Other revenue sources include industrial waste permits; pump station maintenance
fees, reimbursements, and miscellaneous revenue. Total revenue from these sources is
estimated to be approximately $393,100 in FY 07-08.
2.4.3
Interest Income
Interest income varies from year-to-year depending on the investment of available
monies in the Sewer Operating Fund. Investment income projections are based on
available fund balances using an average annual interest rate of 3.5 percent
throughout the study period. Estimated interest income for FY 07-08 totals $121,700.
2-6
8-33
Section 3
Capital Improvement Program
The City has developed a sewer utility capital improvement program (CIP) to address
municipal sewer systems need in terms of projects necessary to bolster and reinforce
its existing infrastructure facilities. A summary of the sewer capital improvement
program, which reflects the planned expenditures for each year during the study
period, is shown in Table 3. The program is estimated to total $9,101,300 for FY 07-08
through FY 11-12; however, there are projects that may be carried over from FY 06-07.
Sewer projects include the purchase of additional Metro capacity, sewer replacements,
and annual upgrades and improvements to the sewer system.
Since these capital costs are not going to be funded from the operating fund directly,
they are provided for informational purposes only and will not affect rates
TABLE 3
Proposed Major Capital Improvement Program
Line Funding Fiscal Year Endil1Q June 30
No. Description Source (1) 2008 2009 2Q1Q <!ill 2Q12 I2I2!
$ $ $ $ $ $
1 Sewer Facility Replacement Fund
2 GIS-OrthopllolographylTopography R 17.000 17,000
3 G St Pump Station Improvements R (1,000,000) (1.000,000)
4 Sev.er Rehabilitation FY05-06 R (100.000) (100,000)
5 SeY.Er Rehabilitation FYOO-07 R (187,473) (187,473)
6 Inflow and Infiltration Study R 174,300 174,300
7 G St Sewer beMEen 2nd and 4th R 1,750,000 1,750,000
8 C St Sewer beMEen 4th and 5th R 600,000 600,000
9 Garrell 51 Sewer beMEen Da~dson & E i R 480,000 480,000
10 Ovic Center Renovations-Phase 3 R 80,000 80,000
11 Sewer Rehabilitation FY 07-00 R 1,507,473 1,507,473
12 Future Sev.er Rehabilitation R 0 1,400,000 1,400,000 1,400,000 1,400,000 5,600,000
0
13 Trunk Sewer Fund 0
14 Main St between Hilltop and Fresno T 30,000 30,000
15 Speclal Sewer Fund 0
16 CIP Mgml and Equip Purchase 5P 50,000 50,000
17 CIP Pdvanced Planning 5P 100,000 100,000
18 Total 3,501,300 1,400,000 1,400,000 1,400,000 1,400,000 9,101,300
(1) SD'" Storm!::>r'an Fund, T=TlUlk Sev.lerCq:li1al Reserve Furxl, R= Repacemenl Fund, ();;Clperating Fund, Sf>: Special SeY.erFund
an
3-1
8-34
Section 4
Revenue Requirements
Revenue Requirements of the utility consist of operation and maintenance expenses
and annual capital costs. The latter includes debt service, which the utility currently
does not have, and routine capital outlays for equipment replacements.
4.1 Operations and Maintenance Expense
Operation and maintenance (O&M) expense includes the cost of operating and
maintaining sewer collection, treatment and disposal of wastewater, and maintenance
of system facilities. Expenses include the cost of personnel, utilities (gas and electric),
chemicals, and miscellaneous materials and supplies to operate the sewer system on a
routine basis. Expenses also include payment to the General Fund for overhead costs.
Since O&M costs are an ongoing annual obligation of the City, they must be met from
sewer service charge revenue.
Table 4 presents a summary of the projected O&M expenses for the City's sewer
system. The forecasted expenditures are based upon the City's budget and the effect
of inflation in future years. Total operation and maintenance expense, including
capital outlay, is projected to increase from $29,455,400 in FY 07-08 to $34,118,600 in
FY 11-12. The Metro and Spring Valley costs shown on Lines 11 and 12 include both
O&M and capital costs.
TABLE 4
Operations and Maintenance Expense
No. Description Fiscal Year Endinq June 30
2008 NQl! w.Q ~ 2012
$ $ $ $ $
WW Support Services
1 Wastewater Engineering S41.900 552,800 563.600 574.700 586,000
2 WW Operations Admin 147,600 150,700 153,700 156,800 159,900
3 WW Maintenance 3,590,400 3,864,579 3,937,900 4,012,600 4,088,600
4 Lift Station/Pool Maint. 570,800 582,300 594,000 605,900 618,000
5 Sewer Billing and Collection 116,300 119,300 122,200 125,300 128,500
6 Sewer Service Supplies and Services 112,700 115,100 117,400 119,700 122,000
7 Sewer Service Risk Management 50,100 51,600 53,100 54,700 56,300
8 Transfer to General Fund 4,587,700 4.679,400 4,773,000 4,868,500 4,965,900
9 Transfer to 03 Refunding COP 21,000 21,500 21,900 22,300 22,700
10 Total WW Support Services 9,738,500 10,137,279 10,336,800 10,540,500 10,747,900
11 Metro Cost 17,273,300 18.381,000 20,005,000 21,437,600 22,509,500
12 Spring Valley 736,200 412,200 134,800 320,000 280,300
13 Other Professional Svcs. 50,600 52,100 53,700 55,300 57,000
14 Olay Water District Processing 356,000 366,700 377,700 389,000 400,700
15 Total O&M Expense* 28,154,600 29,349,279 30,908,000 32,742,400 33,995,400
16 Capital Outlay 1,300,800 926,000 423,400 605,400 123,200
17 Total O&M Expense 29,455,400 30,275,279 31.331,400 33,347,800 34,118,600
. - Total excludes Capital Outlay
calli 4-1
8-35
COM
Section 4
Revenue Requirements
4.2 Debt Service Requirements
The City currently does not have any existing outstanding bond indebtedness.
4.3 Transfer of Revenues to the Sewer Facilities
Replacement Fund
As part of the sewer service charge, a sewer facilities replacement fee of $1.97 per
dwelling unit per month is currently charged to residential customers. Non-
residential customers are currently charged $0.11 per HCF of water usage but in no
case less than $1.97 per meter. The rates will change to $0.18 per HCF for all users
effective January 1, 2008. Total revenues collected will be transferred to the Sewer
Facilities Replacement Fund.
4.4 Transfers of Revenues to the Storm Drain Fund
Similar to the sewer facilities replacement fee, the City also has a storm drain fee of
$0.70 per single-family dwelling unit per month. Non-residential customers are
charged $0.06 per HCF of water usage per meter. It is anticipated that the Operating
Fund will make a series of transfers to the Storm Drain Fund matching revenues
collected.
4.5 Bad Debt Write-offs
This study assumes bad debt write-offs of $300,000 annually based on historical
trends. The majority of the write-offs are from customers in the pre-annexation area of
the City who are billed by the City's Finance Department. Since the sewer billing is
not done in conjunction with the water bill, the City does not have the ability to shut-
off water service in order to collect these bills.
4.6 Routine Capital Outlays
Routine capital outlays, which are financed from annual system earnings, include
estimates for vehicle replacements, a new vactor truck, and other additions and
replacements to system equipment.
4.7 Otay Water District Billing and Collection Charges
A portion of the City (primarily east of 1-805) is billed for sewer service by the Otay
Water District ("Otay"). Otay bills the City on a per account basis for providing this
service. It is currently estimated that Otay will bill the City an average of $390,000
over the next 5 years. While this amount is quite significant, there are several benefits
associated with this arrangement. For example since the sewer bill is collected with
the water bill, the City has a low "bad debt" percentage for customers in that area
compared to the other areas where the City does not have a similar arrangement and
has less leverage to deal with delinquent accounts.
4-2
8-36
ClIVI
Section 5
Cash Flow Analysis
5.1 Proposed Revenue Adjustments
To provide for the continued operation of the sewer utility on a sound financial basis,
revenue must be sufficient to meet revenue requirements. This section of the report
analyzes the revenue increases needed to meet future revenue requirements.
The pro forma operations statement or cash flow summary presented in Table 5
provides a basis for evaluating the timing and level of sewer revenue increases
required to meet the projected revenue requirements during FY 07-08 through FY 11-
12. In order to meet projected revenue requirements and to maintain desired
operating and capital reserve fund balances, the following increases are proposed:
Effective Date Increases
January 1, 2008 5.0 percent
July 1, 2008 9.9 percent
July 1, 2009 9.9 percent
July 1, 2010 3.5 percent
July 1, 2011 3.5 percent
The magnitude of the increases shown above has been selected in order for total
sewer revenue to meet revenue requirements and avoid transfers from any other
funds, so that the Sewer Service Revenue fund can remain self-supporting. Estimated
sewer revenue under existing rates is shown on line 1 of Table 5. The annual revenue
shown is the same as in Table 1. Additional operating revenues from any proposed
rate increases are shown on Lines 2 through 7. Other revenues and interest income are
shown on Lines 10 through 15.
Operation and maintenance expenses, transfers to other funds, and bad debt
write-offs are shown on Lines 18 through 24. line 19 shows the transfers to the Sewer
Replacement Fund and Line 20 presents the transfers to the Storm Drain Fund
scheduled for each year.
The cash flow indicates the recommended revenue increases will be sufficient to meet
all the needs of the utility throughout the study period with the proposed 5.0 percent
increases effective January 1, 2008; 9.9 percent for the second and third; and 3.5
percent after that. It is anticipated that the Operating Fund will be self-sufficient and
no transfers from any other sources will be necessary although reserves are currently
being used to meet revenue requirements. Table 5 shows that annual fund balances
will remain positive but below a minimum desired balance defined as 90 days O&M.
5-1
8-37
an
TABLE 5
Operating Fund Flow of Funds
Line
t!Q.
Description
2
3
4
5
6
Revenue:
Wastewater Service Charges Under Existing Rates
Additional Service Charge Revenue Required:
Revenue Months
Increase Effective
5.00% 6
9.90% 12
9.90% 12
3.50% 12
3.50% 12
~
2008
2009
2010
2011
2012
7
Total Additional SeNice Charge Revenue
8
9
10
11
12
13
14
15
16
Total Wastewater Service Charge Revenue
Other Revenues
Facilitites Replacement Charge Revenue
Storm Drain Charge Revenue
Reimb - CIP Projects
Transfer In from Swr Facility Repl
Interest Income From Operations [1]
Interest Income From Restricted Reserves [1]
Reimbursement from General Fund
17
Total Operating Revenues Available
18
Revenue Requirements:
Operation and Maintenance Expense
19
20
21
22
23
Debt Service
Transfer to Replacement Fund
Transfer to Storm Drain Fund
Transfer Out to Other Funds
Bad Debt Write-Offs
Routine Capital Outlay
24
Total Revenue Requirements
25
26
Net Operating Funds Available
Beginning Operating Fund Balance
27 Cumulative Operating Fund Balance
28 Minimum Desired Balance [2]
2008
$
25,469,000
636,700
636,700
26,105,700
393,100
1,392,400
546,200
100,000
149,200
121,700
o
150,000
Section 5
Cash Flow Analys;s
Fiscal Year Ending June 30
~ 2010 <Q11
$ $ $
2012
$
25,730,200 25,993,700 26,259,200 26,529,000
1,286,500
2,674,700
3,961,200
29,691,400
393,100
1,406,600
551,900
o
155,200
42,100
o
150,000
1,299,700
2,702,000
2,969,500
6,971,200
32,964,900
393,100
1,421,000
557,700
o
161,400
76,500
o
150,000
1,313,000
2,729,600
2,999,900
1,165,600
8,208,100
34,467,300
393,100
1,435,500
563,400
o
167,900
142,700
o
150,000
1,326,500
2,757,700
3,030,700
1,177,500
1,218,700
9,511,100
36,040,100
393,100
1,450,200
569,300
o
174,600
216,500
o
150,000
28,958,300 32,390,300 35,724,600 37,319,900 38,993,800
28,154,600 29,349,279 30,908,000 32,742,400 33,995,400
1,392,400
546,200
o
300,000
1,300,800
1,406,600
551,900
o
300,000
926,000
1,421,000
557,700
o
300,000
423,400
1,435,500
563,400
o
300,000
605,400
1,450,200
569,300
o
300,000
123,200
31,694,000 32,533,779 33,610,100 35,646,700 36,438,100
(2,735,700)
4,163,000
1,427,300
7,038,700
[1] Estimated based on 3.5% interest rate.
[2] Estimated at 90 days of operation and maintenance expense.
8-38
(143,479) 2,114,500
1,427,300 1,283,821
1,673,200
3,398,321
2,555,700
5,071,521
1,283,821 3,398,321 5,071,521 7,627,221
7,337,300 7,727,000 8,185,600 8,498,900
5-2
mM
Section 5
Cash Flow Analysis
However, the fund balance grows over the five-year plan period. This minimum
desired balance is considered a reasonable working capital balance for a wastewater
utility and is a target that can be used to justify higher bond rating.
Figure 1 shows a graphical summary of the revenue under the proposed rates with
revenue requirements. The figure indicates that revenue under the proposed rates is
not sufficient to cover operation and maintenance and capital expenses for FY 07-08
and that drawdown of reserves will be necessary. However, no appreciable draw
downs are anticipated in FY 08-09 through FY 11-12 once the Operating Fund
becomes self-sufficient.
40.0
35.0
30.0
~ 25.0
..
'0
c 20.0
c
~ 1S.0
:i
10.0
5.0
0.0
2008 2009 2010 2011
l
2012
Fiscal Year
c:::::J Oty's Operating Expense c:::::J Metro/Spring Valley Costs
c:::::J Replacements and Stormwater ........ Rate Re\enue with increases
Figure 1 Sewer Operating Fund Summary
Figure 2 below shows the projected reserve balances against the desired level of
reserves. The figure shows that with the projected revenue increases reserves will be at
minimal levels for the next two years but begin a steady process of returning to
recommended levels after that.
Maintaining adequate reserves is critical to the successful financial operation of an
enterprise activity such as the Sewer Fund. The indicated minimum reserve level has
been set at a 90 day working capital balance, typical for utilities. That amount is
roughly equivalent to the utility's quarterly payment to Metro and also allows for an
emergency reserve. Bond rating agencies indicate reserves closer to 180 days are
typical for utilities with higher bond ratings.
5-3
8-39
CDM
Section 5
Cash Flow Analysis
9.0
. .
8.0
7.0
e 6.0
"
0 5.0
Q
c 4.0
~
i 3.0
2.0
1.0
0.0
2008
2009
2010
2011
2012
Year
_ Cumufati...e Operating Fund Balance -+-Minimum Desired Balance
Figure 2 Target Reserves vs. Actual Reserve Balance
5-4
8-40
CDM
Section 6
Cost of Service Analysis
The cost of service analysis is a critical element in a rate study. The total revenue
requirements net of revenue credits from miscellaneous sources, is by definition, the
cost of providing service. This cost of service is then used as the basis to develop unit
rates for the wastewater parameters and to allocate costs to the various user classes in
proportion to the quantity of wastewater contributed and the strength of wastewater.
In this study, FY 07-08 is referred to as the "test year", therefore, FY 07-08 revenue
requirements are used in the cost allocation process.
6.1 Cost of Service to be Allocated
The annual revenue requirements or costs of service to be recovered from charges for
wastewater service consist of the elements of O&M expense and capital related costs.
O&M expense includes cost directly related to the collection, treatment and disposal of
wastewater, and maintenance of system facilities. Capital related costs represent routine
capital outlays.
The test year cost of service to be recovered from wastewater service charges is
estimated at $26,742,400. As shown in Table 6, the total cost of service comprises net
operating expenses and capital costs are offset by other funds.
TABLE 6
Allocation of Revenue Requirements
Test Year 2008
Line Operating Capital and
tl2. - other Costs I.olol
$ $ $
Total Revenue Requirements
1 Operation & Maintenance Expense 28,154,600 28,154,600
2 Total Debt Service 0 0
3 Routine Capital Outlay 1,300,800 1,300,800
4 Bad Debt Write-offs 300,000 300,000
5 Transfer To Replacement Fund 1,392,400 1,392,400
. Transfer To Storm Drain Fund 546,200 546,200
7 Subtotal 29,000,800 2,693,200 31,694,000
Less Other Operating Revenue
8 Other Revenues 393,100 393,100
9 Reimbursements and Transfers 399,200 399,200
10 Replacement Fee Revenue 1,392,400 1,392,400
11 Storm Drain Fee Revenue 546,200 546,200
12 Interest Income 121,700 121,700
13 Subtotal 1,061,000 1,791,600 2,852,600
Adjustments
14 Adjustment for Annual Cash Balance 2,884,900 (149,200) 2,735,700
15 Adjustment to Annualize Rate Increase (636,700) (636,700)
,. Subtotal 2,248,200 (149,200) 2,099,000
17 Cost of Service to be Recovered from Rates 25,691,600 1,050,800 26,742,400
6-1
8-41
Section 6
Rate Design
In determining the annual cost of service revenues required from rates, revenues from
other revenue sources such as miscellaneous revenue, Storm Drain Fee revenue, and
Replacement Fee revenue are deducted from the appropriate cost element. In addition,
adjustments are made to account for cash balances.
6.2 Wastewater Parameters
The total cost of sewer service is analyzed by system functions in order to equitably
distribute costs of service to the various classes of customers.
For this analysis, sewer utility costs of service are assigned to three basic functional cost
components (wastewater parameters)
>- volume related costs
>- strength related costs
>- customer related costs
Functional cost components relate to services provided and not activities of the utility
as set out in the O&M budget.
6.2.1
Volume Related Costs
. Volume costs are those which vary directly with the quantity of wastewater
contributed and include:
. Capital costs related to the investment in the system facilities which are sized on
the basis of wastewater volume,
. O&M expense related to those facilities, and
. The expense of treatment chemicals and electric power associated with the
volume of wastewater treated.
6.2.2 Wastewater Strength Costs
. Consist of the O&M expense and capital costs related to wastewater treatment
facilities designed to remove pollutants, (Metro)
. Are based principally on the amount of pollutants in the wastewater.
. Are further separated into COD and TSS.
6.2.3
Customer Costs
. Customer costs are those, which tend to vary in proportion to the number of
customers served.
. These include billing and collection expenses and general administration.
CDNI 6-2
8-42
COM
Section 6
Rate Design
The separation of costs of service into these principal components provides the means
for further allocation of such costs to the various customer classes on the basis of their
respective volume, strength, and customer requirements for service.
General Fund Transfers were previously allocated entirely to customer costs, but after
changes to the accounting system due to the conversion to an enterprise fund
allocation adjustments had to be made. Costs were rolled up differently and therefore
costs that were previously volume related were rolled into the general fund transfer.
To compensate for this the General Fund Transfer has been split between volume and
customer costs. Those are the costs incurred by the City for transporting wastewater
to Metro and billing customers which City overheads support.
6.3 Allocation to Wastewater Parameters
The allocation of O&M and capital costs to the wastewater parameters selected
involves the following:
. Identification of functional O&M and capital costs of the wastewater system
. Determination of O&M and capital cost allocation percentages for the wastewater
parameters
O&M expense items are allocated directly to appropriate cost components, while the
allocation of capital costs is based upon a detailed allocation of related capital
investment. The separation of costs into functional components provides a means for
distributing such costs to the various classes of customers on the basis of their
respective responsibilities for each particular type of service.
6.3.1 Allocation of Capital Costs
Capital costs include routine capital improvements. A reasonable method of assigning
capital costs to functional components is to allocate such costs on the basis of the
capital investment.
All of the City's facilities are designed only to convey wastewater. The City currently
owns no facilities designed to treat wastewater. Hence all capital costs are allocated
100% to the volume component.
6.3.2 Allocation of Operating Expense
Projected net operating expense for the test year is allocated to cost components on
the basis of an allocation of O&M expense as shown in Table 7. O&M expense for the
test year is allocated to cost components in the same manner as capital costs, based on
the design criteria of the plant facilities. The allocation of Metro costs is based on
annual billing.
6-3
8-43
Section 6
Rate Design
6.4 Allocation of Cost to Customer Classes
The total cost responsibility of each customer class may be estimated by distributing
the cost of service allocated to functions in Tables 7 among the classes based on the
respective service requirements of each class.
TABLE 7
Allocation of Operation and Maintenance Expense to Functional Cost Components
Test Year 2008
Strength
Line Total Suspended
No. Cost Component Excense Volume COD Solids Customer
$ $ $ $ $
WW Support Services
1 WW Engineering 541,900 0 0 0 541,900
2 WW Operations Admin 147,600 0 0 0 147,600
3 WW Maintenance 3,590,400 2,692,800 0 0 897,600
4 Lift Station/Pool Maint. 570,800 281,404 138,134 151,262 0
5 Sewer Billing and Collection 116,300 0 0 0 116,300
6 Sewer Svc Supplies and Services 112,700 0 0 0 112,700
7 Sewer Svc Risk Management 50,100 0 0 0 50,100
8 Transfer to General Fund 4,587.700 1,940,597 0 0 2,647,103
9 Transfer to 03 Refunding COP 21,000 21,000 0 0 0
10 Total WW Support Services 9,738,500 4,935,802 138.134 151,262 4,513,303
11 Metro Cost 17,273,300 8,515,737 4,180,139 4,577,425 0
12 Spring Valley 736,200 736,200 0 0 0
13 Other Professional Svc 50,600 50,600 0 0 0
14 Otay Water District Processing 356,000 175,508 86,152 94,340 0
15 Total Operation & Maintenance 28,154,600 14,413,846 4,404,424 4,823,027 4,513,303
16 Percent 51.20% 15.64% 17.13% 16.03%
The allocation of costs of service into the principal service requirement components
(customer, volume and strength related) provides a means for further allocation of
costs to the various customer classes on the basis of their respective volume and
strength.
6.4.1
Customer Classifications
For purposes of cost of service analysis and rate design, sewer customers are classified
to reflect groups of customers with similar service requirements and who are served
at a similar average cost. Sewer customers are currently separated by the City into the
following classes:
. Single-Family Residential (includes low-income residential)
. Multi-Family Residential (includes mobile homes)
. Commercial - Low Strength
COM 6-4
8-44
CDM
Section 6
Rate Design
. Commercial - Medium Strength
. Commercial - High Strength
. Special Users (includes High Volume Users and Variance Accounts)
6.4.2
Units of Service
The determination of customer class responsibility for costs of service requires that
each general customer class be allocated a portion of the volume, strength and
customer costs of service according to its respective service requirements, and that all
costs directly associated with a specific customer class be allocated to that class,
The estimated test year service requirements or units of service for the various customer
classes are shown in Table 8. Cost responsibility by customer class is based on each
class' share of units of service, That is, if a class contributed one-third of the wastewater
flow it will be assigned one-third of volume related costs. The same is done for
strength-related costs and customer costs. Metered water and wastewater data for FY
05-06 and partial FY 06-07 flows were used to estimate customer usage by customer
category and to balance total wastewater plant loadings, Equivalent units in column 5
reflect additional dwelling units as well as an adjustment for larger meter sizes.
TABLE 8
Estimated Units of Service
Test Year 2008
(1) (2) (3) (4) (5)
Strength
Line Wastewater Suspended Number of Equivalent
No. Customer Class Volume COD Solids Accounts Units
hcf Ibs Ibs
Residential
1 Single-Family 4,694,000 16,408,000 4,834,500 43,300 43,300
2 Multi-Family 1,756,800 6,140,900 1,809,400 2,252 6,036
3 Mobile Homes 0 0 0 0 0
Non~Residential
4 Commercial - Low 699,900 2,446,600 720,900 1,435 3,465
5 Commercial- Medium 138,800 666,400 303,200 201 461
6 Commercial- High 156,000 1,947,100 681,500 196 471
7 Low Income 0 0 0 0 0
8 Golf Courses Club Houses 0 0 0 0 0
7 Special Users 290,000 905,000 271,500 161 1,053
8 Total 7,735,500 28,714,000 8,621,000 47,545 54,786
6-5
8-45
an
Section 6
Rate Design
Estimates of the wastewater volume of each class are based upon water usage records
and include an estimated return factor for water reaching the wastewater system. The
estimated total wastewater volume for test year 2008 is 7,735,500 HCF. InfiItration is not
included, but the return factor for single-family users has been reduced from 100% to
90% to account for incidental outside water usage during the winter period that does
not return to the sewer. Estimated strengths and return factors used in this study are
shown in Table 9.
TABLE 9
Wastewater Characteristics
Wastewater Strengths
Customer Return COD T55
Classification Factor mg/L mg/L
%
5ingle- Family Residential (1) 90 560 165
Multi-Family Residential 79 560 165
Mobile Homes 84 560 165
Commercial - Low 90 560 165
Commercial - Medium 90 1000 350
Commercial - High 90 2000 700
Special Users Varies varies varies
(1) Winter period usage.
6.4.3
Unit Costs of Service
Table 10 shows the development of the test year unit costs for each of the wastewater
parameters. The test year net O&M expense is allocated to volume, COD, TSS, and
customer based on the O&M allocation percentage shown in Line 16 of Table 7.
Capital costs are recovered through a separate fee and are therefore excluded from
this analysis. The unit costs of service shown in Line 5 of Table 10 are developed by
dividing Line 3 by Line 4.
6-6
8-46
a:JM
Section 6
Rate Design
TABLE 10
Development of Unit Costs
Test Year 2008
StrenQth
Line Suspended
N.o. I2la! lll2llIm.o = ~ Customer
$ $ $ $ $
1 Net Operating Expense 25,691,600 12,345,700 4,404,400 4,823,000 4,118,500
2 Capital Costs 1,050,800 1,050,800 0 0 0
3 Total Cost of Service 26,742,400 13,396,500 4,404,400 4,823,000 4,118,500
4 Total Units of Service 7,735.500 28,714,000 8,621,000 54,786
hef pounds pounds Eq. meters
5 Total Unit Costs of Service - $/unit 1.7318 0.1534 0.5594 75.1739
6.5 Customer Class Costs of Service
The cost responsibility of each customer class is determined by applying the unit cost
of service shown in Table 10 to the units of service estimated for a class (shown in
Table 8). The cost of service allocated to each customer class is summarized in
Table 11.
Table 12 shows a comparison of the cost of service for each customer class with
revenue under existing rates, indicating the impact of cost of service allocation on
each class. A 5.0 percent annualized increase in the level of sewer revenue is needed
to meet the projected revenue requirements for FY 07-08. The cost of service analysis
ensures that the test year 2008 revenue requirement of $26,742,400 is met.
The result of the cost of service analysis is very informative. Table 12 shows that most
customers have been paying close to their fair share of cost of service. The table
indicates that single-family, multi-family, commercial and special-user customers cost
allocation does not match their cost allocation and needs to be revised. .
6-7
8-47
CDM
Section 6
Rate Design
TABLE 11
Allocation of Costs of Service to Customer Classes
Test Year 2008
StrenQth
line Suspended
No. Total Volume = Solids Customer
$ $ $ $ $
Unit Cost of Service 1.7318 0.1534 0.5594 75.1739
Residential
Single-Family
2 Units 4,694,000 16,408,000 4,834,500 43,300
3 Cost-$ 16,605,700 8,129,200 2,516,700 2,704,800 3,255,000
Multi-Family
4 Units 1,756.800 6,140,900 1,809,400 6,036
5 Cost-$ 5,450,400 3,042,400 942,000 1,012,200 453,800
Non-resldentlal
Commercial - Low
6 Units 699,900 2,446,600 720,900 3.465
7 Cost-$ 2,251,200 1,212,100 375,300 403,300 260,500
Commercial - Medium
8 Units 138,800 866,400 303,200 461
9 Cost-$ 577,500 240,400 132,900 169,600 34,600
Commercial - High
10 Units 156,000 1,947,100 681,500 471
11 Cost-$ 985,500 270,200 298,700 381,200 35,400
Special Users
12 Units 290,000 905,000 271,500 1,053
13 Cosl-$ 872,100 502,200 138,800 151,900 79,200
14 Total Cost of Service - $ 26,742400 13,396 500 4 404.400 4,823,000 4118500
15 Total Units of Service 7,735500 28,714,000 8,621 000 54786
TABLE 12
Comparisons of Allocated Costs of Service with Revenue Under Existing Rates
Test Year 2008
Revenue Indicated
Total Under Revenue
Line Cost of Existing Increase
No. Customer Class ~ Rates (Decrease)
$ $ %
Residential
1 Single.Family* 16,605,700 16,484,300 0.7%
2 Multi-Family 5,450,400 4,903,100 11.2%
Non.Resldential
3 Commercial - Low 2,251,200 2,034,000 10.7%
4 Commercial- Medium 577,500 504,100 14.6%
5 Commercial. High 985,500 834,300 18.1%
6 Special Users 872,100 709,200 23.0%
7 Total 26,742,400 25,469,000 5.0%
... includes 250 low-income users
8-48
6-8
mM
Section 7
Rate Design
In general, class cost of service allocations serve as a "guide" to the necessity for, and
extent of, rate adjustments. Other considerations such as the change from previous
rate levels, public reaction to rate changes, past local policies and practices, and local
regulations may modify indicated cost of service adjustments. The end result of any
rate adjustment process, however, should be rate schedules, which are simple to
apply, clearly understood, and as equitable to each customer class as possible.
7.1 Proposed Sewer Rates
The cost of service analysis provides the basis for adjusting sewer service charges. The
cost of service allocation study provides the unit costs of service used in the rate
design process and gives a basis for determining whether resultant rates will recover
costs of service from customer classes and provide the total level of revenue required.
Table 13 presents the Proposed Rate Schedule for FY 2008 compared to Adopted 2008
rates. The Proposed 2008 Rates for Single-Family Residential Customers shown at the
right do not appear to vary much from the Adopted 2008 Rates but careful
examination shows that both the fixed Sewer Service Fee and the variable charge is
slightly higher. However, the fixed Sewer Facilities Replacement Fee has been
eliminated based on a cost of service analysis performed by City staff and replaced
with a variable fee. The results of these changes can be seen in typical bills shown in
Table 17 discussed below.
TABLE 13
Existing and Proposed Rate Schedule
Sinale~Familv Residential Adopted 2008 Proposed 2008
Fixed Variable Fixed Variable
Service Fee Fee Service Fee Fee
Sewer Service Fee 6.33 2.53 6.65 2.81
Sewer Facilities ReDlacement Fee 1.97 - - 0.18
Stann Drain Fee 0.70 - 0.70 -
SFR - Sewer Rate 9.00 2.53 7.35 2.99
Commercial - Low Strength Adopted 2008 Proposed 2008
Fixed Variable Fixed Variable
Service Fee Fee Service Fee Fee
Sewer Service Fee Varies 2.53 Varies 2.81
Sewer Facilities Reclacement Fee 0.11 0.18
Storm Drain Fee 0.06 0.06
Commercial LS- Sewer Rates Varies 2.70 Varies 3.05
Table 13 also provides an illustration of how Low-Strength Commercial Customer
Fees vary from Single-Family Residential. The Sewer Service Fees vary by meter si2e
and the Sewer Facilities Replacement and the Storm Drain Fees are both collected
7-1
8-49
caw
Section 7
Rate Design
from a variable fee. The net effect of this can be seen by comparing the bottom lines of
the two customers, which shows the combined sewer rates.
7.2 Appeal Process
The sewer variance review process ("appeal process") was amended in 2005 to
provide a mechanism for single-family residences to ask for a re-evaluation of their
sewer bill. This was done because some customers believed that their water usage
was not accurately evaluated due to a leak, excessive landscaping, or pool
maintenance, and that one or more of these elements affected their sewer service
charges.
The proposed rates incorporate a 90 percent return to sewer (return factor) for single-
family dwellings. This return factor takes into account the 10 percent of water used
during the winter period for purposes other than domestic use therefore reducing the
need for the appeals process. However, those residents who experience a leak during
the winter averaging period, and determine that their winter average may have been
impacted by the leak will still have an opportunity to apply for an adjustment.
7.3 Rate Revenue Comparison
Table 14 presents a summary of the revenue under the existing rates, cost of service
and revenue under proposed rates for each customer class for test year 2008. The table
shows that the proposed rate schedule will fairly recover the cost of providing sewer
service from all of the customer class. Adoption of the proposed rates would cause
varying charge increases for certain users.
TABLE 14
Comparison of Customer Revenue Under Proposed Rates
With Test Year Cost of Service
Test Vear 2008
Proposed Rates
Estimated
Test Year Revenue Revenue As a
2008 Under Under Pecent of
Line Cost of Existing Proposed Cost of
No. Customer Class Service Rates Rates Service
$ $ $ %
Residential
1 Single-Family 16,605.700 16,484,300 16,643.600 100.2
2 Multi-Family 5,4S0,400 4,903,100 5,418,100 99.4
Non-Residential
3 Low 2,251,200 2,034,000 2,243,000 99.6
4 Medium 577,500 504,100 576,600 99.8
5 Hi9h 985,500 834,300 981,400 99.6
6 Special Users 872,100 709,200 878,700 100.8
7 Total 26,742,400 25,469,000 26,741,400 100.0
7-2
8-50
1:DM
Section 7
Rate Des;gn
7.4 Proposed Rates
The calculated rates needed to meet the obligation of the sewer service revenue fund
for FY 07-08 through FY 11-12 are shown in Table 15 below and illustrate the rate
changes for all customer classes. The rates in Table 15 exclude the Storm Drain and
Sewer Facilities Replacement Fees. Table 16 shows the proposed Rate Schedule for FY
07-08 through FY 11-12, which includes the Storm Drain and Sewer Facilities
Replacement Fees. These are the rates recommended for adoption.
TABLE 15
Proposed Rate Schedule for Fiscal Years 2008 Through 2012
= = = 2Q11 =
Meter Monthly Service Chan::Je (1)
.s.@ $/month $/month $/month $/month $/month
Single-Family Residential 6.65 7.30 8.03 8.31 8.31
All Others (Meter Size in Inches)
5/8 6.65 7.30 8.03 8.31 8.31
3/4 6.65 7.30 8.03 8.31 8.31
1 11.08 12.17 13.38 13.85 13.85
11/2 22.16 24.35 26.76 27.70 27.70
2 35.45 38.96 42.81 44.31 44.31
3 66.47 73.05 80.28 83.09 83.09
4 110.78 121.74 133.79 138.48 138,48
6 221.55 243.48 267.59 276.95 276.95
8 354.48 389.57 428.14 443.13 443.13
Volume Chan:!e (1)
$lhef $/hcf $/hcf $/hef $/hcf
Residential
Single Family 2.81 3.09 3.39 3.51 3.64
Multi-Family 2.81 3.09 3.39 3.51 3.64
Mobile Homes 2.81 3.09 3.39 3.51 3.64
Non-Residential
Commercial. Low 2.81 3.09 3.39 3.51 3.64
Commercial - Medium 3.89 4.28 4.70 4.86 5.03
Commercial - High 6.05 6.65 7.31 7.56 7.83
Special Users Varies Varies Varies Varies Varies
Total Revenue 26,105,700 29,691,400 32,964,900 34.467,300 36,040,100
(1) Does not includes the Sewer Facilities Replacement Fee and Storm Drain Fee
7-3
8-51
a::JM
Section 7
Rate Design
TABLE 16
Proposed Rate Schedule for Fiscal Years 2008 Through 2012
2008 2009 2010 2011 2012
Meter Monthly Service Charge (1)
~ $/month $/month $/month $Jmonth $/month
Single-Family Residential 7.35 8.00 8.73 9.01 9.01
All Others
5/8 6.65 7.30 8.03 8.31 8.31
3/4 6.65 7.30 8.03 8.31 8.31
1 11.08 12.17 13.38 13.85 13.85
11/2 22.16 24.35 26.76 27.70 27.70
2 35.45 38.96 42.81 44.31 44.31
3 66.47 73.05 80.28 83.09 83.09
4 110.78 121.74 133.79 138.48 138.48
6 221.55 243.48 267.59 276.95 276.95
8 354.48 389.57 428.14 443.13 443.13
Volume Charqe ( 1)
$/hcf $/hcf $/hcf $/hcf $/hcf
Residential
Single.Family 2.99 3.27 3.57 3.69 3.82
Multi-Family 3.05 3.33 3.63 3.75 3.88
Mobile Homes 3.05 3.33 3.63 3.75 3.88
Non-Residential
Commercial - Low 3.05 3.33 3.63 3.75 3.88
Commercial - Medium 4.13 4.52 4.94 5.10 5.27
Commercial ~ High 6.29 6.89 7.55 7.80 8.07
Special Users 2.98 3.33 3.63 3.75 3.88
(1) Includes the Sewer Facilites Replacement Fee and Storm Drain Fee
Table 17 shows that the sample monthly bills for single-family residential customers for
FY 07-08 through FY 11-12. The proposed charges include the $0.70 per month Storm
Drain Charge and the $0.18 per HCF Facilities Replacement Charge.
Column 1 is the winter period water usage. The typical customer uses about 10 HCF.
However due to the reduced return factor the typical customer will only be billed for 9
HCF effective January 1, 2008. Column 2 of Table 17 shows the monthly sewer bill for
single-family residential customers with usage ranging from zero to 20 HCF under
existing rates. With the current cap set at 20 HCF, usage above 20 HCF is charged for
only 20 HCF. Column 3 shows what the wastewater bill is effective July 1, 2008 under
the rates already adopted. The fourth column indicates sewer bills based on Proposed
2008 Rates to be effective January 1, 2008. The remaining columns show single-family
residential typical bills for FY 2009 to FY 2012.
7-4
8-52
COM
Section 7
Rate Design
TABLE 17
Comparison of Typical Single-Family Residential Monthly Sewer Bills
(1) (2) (3) (4) (5) (6) (7)
FY 2008 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012
Adopted Proposed Proposed Proposed Proposed Proposed
~ l<l1aJ:go l<l1aJ:go l<l1aJ:go l<l1aJ:go l<l1aJ:go l<l1aJ:go
hcf/mo. $ $ $ $ $ $
0 9.00 7.35 8.00 8.73 9.01 9.01
1 11.53 10.04 10.95 11.94 12.33 12.44
2 14.06 12.73 13.89 15.16 15.66 15.88
3 16.59 15.42 16.83 18.38 18.98 19.31
4 19.12 18.11 19.77 21.59 22.30 22.75
5 21.65 20.80 22.71 24.81 25.63 26.18
6 24.18 23.49 25.65 28.03 28.95 29.61
7 26.71 26.18 28.59 31.24 32.27 33.05
B 29.24 28.87 31.54 34.46 35.60 36.48
9 31.77 31.57 34.48 37.68 38.92 39.92
10 34.30 34.26 37.42 40.89 42.24 43.35 I
11 36.83 36.95 40.36 44.11 45.57 46.78
12 39.36 39.64 43.30 47.33 48.89 50.22
13 41.89 42.33 46.24 50.54 52.21 53.65
14 44.42 45.02 49.18 53.76 55.54 57.09
15 46.95 47.71 52.13 56.98 58.86 60.52
16 49.48 50.40 55.07 60.19 62.18 63.96
17 52.01 53.09 58.01 63.41 65.51 67.39
18 54.54 55.78 60.95 66.63 68.83 70.82
19 57.07 58.48 63.89 69.84 72.15 74.26
20 59.60 61.17 66.83 73.06 75.48 77.69
7.5 Rate Comparisons
CDM performed a survey of wastewater charges in cities in San Diego County and
the results are presented in Figure 3 below. The figure clearly shows rates in Chula
Vista are on the low end in the County.
70.00
60.00
50.00
40.00
.
S
..
a
30.00
20.00
10.00
0.00
1:>0 'III:> R~
~~ ~ 0'11
ocP'" C; 0
~~O~ ,,).'1>4, #'\ ~., q..'I> ;po ,# ~Q ,# 'I>~ ,i-Q .;i.Q'\ .~Q'\
~qO"~'fjr:f'-.i"'~~~Q Q~~~$'-
,J,1I ~ ~~ ;/'"A'o ,,'I> ~'II 'II~ ~0 1.0<.......
&'1) v~v#<;;iq'l>'00~##
,J,~"f'4,v::. <f' ~"f'4, *-8:<iJ -8:1f-
.-A ~ ,,~ #~
#-- ~ #
CltylDlstrlet
.,,~
.
~
Figure 3 - Monthly Sewer Bill Comparison
7-5
8-53
00
I
C11
~
Attachment B
Adopted Rate Schedule FY 2006 - FY 2010
Meter Size FY 2006 FY 2007 FY 2008 FY 2009 FY 2010
Monthl" Fixed Service Chan!:e
$/Month $/Month $/Month $/Month $/Month
Simde Familv 1 $8.47 T $8.47 I $9.00 I $9.25 $9.75
All Others
5/8 $8.47 $8.47 $9.00 $9.25 $9.75
3/4 $8.47 $8.47 $9.00 $9.25 $9.75
I $12.34 $12.34 $13.22 $13 .64 $14.47
11/2 $22.00 $22.00 $23.77 $24.60 $26.27
2 $33.60 $33.60 $36.43 $37.76 $40.43
3 $60.67 $60.67 $65.97 $68.47 $73.47
4 $99.34 $99.34 $108.17 $112.34 $120.67
6 $196.00 $196.00 $213.67 $222.00 $238.67
8 $312.00 $312.00 $340.27 $353.60 $380.27
Volume Chan!e/HCF
Residential
Single Familv $2.16 $2.36 $2.53 $2.62 $2.70
Multi Familv $2.16 $2.36 $2.53 $2.62 $2.70
Mobile Homes $2.16 $2.36 $2.53 $2.62 $2.70
Non-Residential
Conunercial-Low $2.16 $2.36 $2.53 $2.62 $2.70
Commercial - Med $3.00 $3.22 $3.38 $3.47 $3.55
Commercial. HilJh $4.71 $4.94 $5.12 $5.23 $5.33
Snecial Users $2.16 $2.36 $2.53 $2.62 $2.70
*HCF - Hundred CubiC Feet
Rates Include Storm Drain Fee and Sewer Facilities Replacement Fee
Proposed Rate Schedule FY 2008-FY 2010
Meter Size FY 2008 FY 2009 FY 2010
Monthlv Fixed Service Charl!e
$/Month $/Month $/Month
Sil-:wIe Familv I $7.35 I $8.00 I $8.73
AJlOthers
5/8 $6.65 $7.30 $8.03
3/4 $6.65 $7.30 $8.03
1 $11.08 $12.17 $13.38
11/2 $22.16 $24.35 $26.76
2 $35.45 $38.96 $42.81
3 $66.47 $73.05 $80.28
4 $110.78 $121.74 $133.79
6 $221.55 $243.48 $267.59
8 $354.48 $389.57 $428.14
Volume CharQ"e/HCF
Residential
Sino\e Familv $2.99 $3.27 $3.57
Multi Familv $3.05 $3.33 $3.63
Mobile Homes $3.05 $3.33 $3.63
Non-Residential
Commercial-Low $3.05 $3.33 $3.63
Commercial - Med $4.13 $4.52 $4.94
Commercial- High $6.29 $6.89 $7.55
Snecial Users Varies Varies Varies
*HCF - Hundred CubiC Feet
Rates Include Storm Drain Fee and Sewer Facilities Replacement Fee
Attachment C
ACCOUNT & FLOW DISTRIBUTION BY USER CLASS
User Class # of Accts % Flow (HCF) %
A Single-Family Residential Users 43,300 91.07% 4,694,000 60.7%
B Multi-Family Residential User 2,252 4.74% 1,756,800 22.7%
C Low-Strength Commercial Users 1,435 3.02% 699,900 9.0%
D Medium-Strength Commercial Users 201 0.42% 138,800 1.8%
E High-Strength Commercial Users 196 0.41% 156,000 2.0%
F Special Users 161 0.34% 290,000 3.7%
Total 47,545 100.0% 7,735,500 100.0%
ACCOUNTS %
. B
4.74%
o C
3.02%
o D
0.42%
. E
0.41%
8-55
FLOW %
. B
22.7%
o C
9.0%
o D
. E1.8%
2.0%
. F
3.7%
Attachment D
Existing Cost Allocation
Multi-Family
19%
Commercial Low
8%
Commercial Med
2%
Commercial High
3%
Special Users
3%
Single-Family
65%
. Single-Family
C Commercial Med
. Multi-Family
. Commercial High
DCommercial Low
.Special Users
Proposed Cost Allocation
Mu~i-Famly
20%
Corrrrercial Low
8%
Corrmerciall'V\ad
2%
Commercial HIgh
4%
Single-Famly
63%
. Single-Fannly
o ColTJT'erciall'V\ad
. MultI-Family
. ConTT1erciaJ High
o Corrrnercial Low
. Special Users
8-56
Attachment E
RE-EV ALUATION OF THE SEWER FACILITIES REPLACEMENT FEE
Assumes Annual Avera e CIP Expenditure = $1,400,000
3 Year Average
43,300
4,693,959
61%
$849,544
SO.18
43,798
4,747,945
61%
$850,601
SO.18
44,302
4,802,582
61%
$851,682
SO.18
8-57
Attachment F
Rate change impact on various levels of Single-Family Residential Users
Single-Family Residential Users
Winter Adopted Proposed Difference Adopted Proposed Difference Adopted Proposed Difference
Average FY 2008 FY 2009 FY 2010
0 $ 9.00 $ 7.35 ($1.65 $ 9.25 $ 8.00 ($1.25\ $ 9.75 $ 8.73 ($1.02)
1 $ 11.53 $ 10.04 1$1.49 $ 11.87 $ 10.95 ($0.92\ $ 12.45 $ 11.94 ($0.51)
2 $ 14.06 $ 12.73 1$1.33 $ 14.49 $ 13.89 ($0.60\ $ 15.15 $ 15.16 $0.01
3 $ 16.59 $ 15.42 1$1.1 $ 17.11 $ 16.83 ($0.28) $ 17.85 $ 18.38 $0.53
4 $ 19.12 $ 18.11 ($1.01 $ 19.73 $ 19.77 $0.04 $ 20.55 $ 21.59 $1.04
5 $ 21.65 $ 20.80 ($0.85 $ 22.35 $ 22.71 $0.36 $ 23.25 $ 24.81 $1.56
6 $ 24.18 $ 23.49 ($0.69 $ 24.97 $ 25.65 $0.68 $ 25.95 $ 28.03 $2.08
7 $ 26.71 $ 26.18 ($0.53 $ 27.59 $ 28.59 $1.00 $ 28.65 $ 31.24 $2.59
8 $ 29.24 $ 28.87 ($0.37) $ 30.21 $ 31.54 $1.33 $ 31.35 $ 34.46 $3.11
9 $ 31.77 $ 31.57 1$0.20\ $ 32.83 $ 34.48 $1.65 $ 34.05 $ 37.68 $3.63
10 $ 34.30 $ 34.26 1$0.04\ $ 35.45 $ 37.42 $1.97 $ 36.75 $ 40.89 $4.14
11 $ 36.83 $ 36.95 $0.12 $ 38.07 $ 40.36 $2.29 $ 39.45 $ 44.11 $4.66
12 $ 39.36 $ 39.64 $0.28 $ 40.69 $ 43.30 $2.61 $ 42.15 $ 47.33 $5.18
13 $ 41.89 $ 42.33 $0.44 $ 43.31 $ 46.24 $2.93 $ 44.85 $ 50.54 $5.69
14 $ 44.42 $ 45.02 $0.60 $ 45.93 $ 49.18 $3.25 $ 47.55 $ 53.76 $6.21
15 $ 46.95 $ 47.71 $0.76 $ 48.55 $ 52.13 $3.58 $ 50.25 $ 56.98 $6.73
16 $ 49.48 $ 50.40 $0.92 $ 51.17 $ 55.07 $3.90 $ 52.95 $ 60.19 $7.24
17 $ 52.01 $ 53.09 $1.08 $ 53.79 $ 58.01 $4.22 $ 55.65 $ 63.41 $7.76
18 $ 54.54 $ 55.78 $1.24 $ 56.41 $ 60.95 $4.54 $ 58.35 $ 66.63 $8.28
19 $ 57.07 $ 58.48 $1.41 $ 59.03 $ 63.89 $4.86 $ 61.05 $ 69.84 $8.79
20 $ 59.60 $ 61.17 $1.57 $ 61.65 $ 66.83 $5.18 $ 63.75 $ 73.06 $9.31
Rate change impact on various levels of Commercial Users
Low-Strength Commercial- Average customer uses 45 hcfj month with a 1 inch meter
$ 115.69
$17.57 $ 123.82
Difference
Adopted
Difference Adopted
$9.20
Difference Adopted
$ 119.75
$26.86
Medium- Strength Commercial- Average customer uses 63 hcf/ month with a 1 inch meter
Adopted I Proposed I Difference Adopted I Proposed I Difference Adopted T Proposed I Difference
FY 2008 FY 2009 FY 2010
$ 204.87 I $ 231.641 $26.78 $ 210.39 I $ 254.85 I $44.46 $ 215.76 T $ 279.87 T $64.12
High-Strength Commercial - Average customer uses 73 hcfj month with a 1 inch meter
Adopted
Difference Adopted
$58.96 $ 357.25
Difference Adopted
$91.82
Difference
$ 349.60
$ 364.65
$129.00
j;\EngineerISEWER\2007\SEWER RATE STUDY CDM 20078"'2!'S'lrent F.dnc
Attachment G
Comparison of Average Single-Family Residential User Rates in San Diego County
(Metro Participating Agencies)
70.00
66.36
10.00
60.00
50.00
40.00
f!
co .!!
I 0
CJ1 C
CD 30.00
20.00
0.00
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J:IEngineerISEWER\2007ISEWER RATE STUDY COM 2007IAttachment G.doc
City/District
ATTACf-i'\/'\=,'\" /1
NOTICE OF PUBLIC HEARING
SEWER RATE INCREASE
February 5, 2008 · 4 pm
Council Chambers
276 Fourth Avenue, Chula Vista
8-60
~~'?-
:::~~
--..::.-..::~.-....:
...............~.......
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CllY OF
CHUIA VISTA
NOTICE OF PUBLIC HEARING
The City of Chula Vista will hold a Public Hearing to consider
the proposed Sewer Rate Increase on February 5,2008 at 4 pm
in the Council Chambers located at 276 Fourth Avenue Chula
Vista, California.
In compliance with Proposition 218, the City is hereby notifying
all affected property owners of the proposed Sewer Rate
change effective February 5, 2008 as follows:
. Affected property owners are notified by mail about the
proposed rate increase. This notice outlines the public
hearing process (see below), publicizes the public hearing
and provides information relating to the proposed rate
Increase.
. If written protests are presented by a majority of the
affected property owners prior to the close of the public
hearing, the proposed rate increase will be rejected.
This notice describes:
. Amount of proposed sewer rate increases
. Reasons for the proposed rate increase
. How the proposed rates were calculated
. How to file a protest for the proposed rates
. Where you can find more information about the
proposed increase
EXPLANATION OF RATE INCREASE
The City of Chula Vista along with 14 other participating agencies
belongs to the Metropolitan Wastewater District (Metro).The
wastewater generated in the city of Chula Vista is collected and
conveyed through the city's extensive sewer collection system
to treatment facilities in Point Loma and Southbay. Chula Vista's
local collection system includes 13 pump stations and over 477
miles of sewer lines.
The primary reasons for the proposed rate increase is to
provide revenue sufficient to:
. Operate and maintain the city's Wastewater Collection
system.
. Pay the City of San Diego for the treatment of sewage
generated by the City of Chula Vista.
. Repair and replace deteriorating wastewater facilities to
maintain system reliability.
All revenue from the City's sewer charges are used exclusively
for the recovery of costs associated with providing these services.
Consequently, the rates are set to meet the estimated cost of
servIce.
If adopted, the proposed rate changes will be implemented
over the next three years. The proposed rates are presented
in the table on the next page. The amount of your sewer bill
will depend on your customer class (i.e" residential customer
or commercial customer) and the amount of water you us~ _ 61
EXPLANATION OF RATES
The City of Chula Vista's sewer service charge is made up of
three different fees: the Sewer Facilities Replacement Fee, the
Storm Drain Fee and the Sewer Service Fee. Revenue derived
from these fees are used as follows:
Sewer Facility Replacement Fee:
Revenue derived from this fee is used to rehabilitate or replace
deteriorating sewer facilities (i.e" sewer lines, manholes, pump
stations and related appurtenant structures).
Storm Drain Fee:
This fund is used to maintain the storm drain system. It is also
used to fund costs associated with complying with the
requirements of the National Pollutant Discharge Elimination
System (NPDES).
Sewer Service Fee:
Revenue derived from this fee is used to pay the City of San
Diego (Metro) for wastewater treatment.This fee also pays for
the maintenance and operation of the city's wastewater collecton
system.The sewer service fee is made up of two components:
a fixed service charge based on water meter size and a
variable commodity charge based on water consumed.
Fixed Service Charges
All users connected to the city's wastewater collection system
pay a monthly fixed sewer service charge based upon their
meter size.
Commodity Charge - Single-Family Residential Users
All single-family residential customers currently connected to
the city's sewer collection system pay a monthly commodity
charge based on "winter water" usage:
New customers are assigned the median charge of 10 hcf and
are charged that rate until they establish their own winter water
use (i.e" two full cycles during the winter months of Nov-April).
Commodity Charge -
Multi-family Residential and Commercial Users
All multi-family residential and commercial customers currently
connected to the city's sewer collection system pay a monthly
commodity charge based on water usage.
Sewer rates are designed to exclusively recover the cost of
service.The Chart on the next page shows the cost allocation,
which is the underlying basis of the rates.
COST ALLOCATION
Replacement and
Storm Drain:
6%
Operation and
Maintenance:
34%
PROPOSED CHANGES
The proposed rate adjustment only impacts the Sewer Service
Fee and the Sewer Facility Replacement Fee, and are as follows:
I . Return Factor - Currently single-family residential customers
are assigned a commodity charge each fiscal year based on
100% of the average of their two lowest consecutive winter
month water use. If adopted, it will be based on 90% of the
winter average.
2. Sewer Facilities Replacement Fee - The Sewer Facilities
Replacement Fee for single-family residential customers is
currently billed at a flat rate of $1.97/month and $.0 II /hcf
for all other users. If the proposed rate schedule is adopted
all users including single-family, multi,family and commercial
will henceforth be billed at $0. I 8/hef.
HOW IS MY SEWER BILL CALCULATED?
Sample Calculation of Monthly 8ill for
on "Average" Single-Family Residential User
All single-family residential users are billed for service based on
their water usage during the winter period (November to April)
Nov/Dec Jan/Feb Mar/April
20hef 24hef 26hef
Lowest Winter Use = 20 hef
Winter Average = 20/2 = I Ohef (Basis of Monthly Fee)
Sewer Service Charge =
(Winter Average x Sewer Rate) + Fixed Service Charge
(Current Rate = $2.53; Fixed Service Charge = $9:00)
Therefore, for this custome~ Monthly Sewer Service Charge is
calculated as follows:
=( I 00% x lOx $2.53) + $9.00 = $34.30
Ifthe proposed rate changes are adopted, it will include a 90%
Return Facto~ therefore, for the same custome~ using the new
sewer rate, and new fixed service charge, their Monthly Sewer
Service Charge:
=(90% x lOx $2,99) + $7.35 = $34.26
Proposed 3 y~:~: Rate Sc~;.~ule .....
Monthly Fixed Service Charge
$/Mond1 $IMonth $IMond1
Single Family $7.35 $8.00 $8.73
All Others (meter size in inches)
5/8 $6.65
3/4 $6.65
1 $11.08
1 1/2 $22.16
2 $35.45
3 $66.47
4 $110.78
6 $221.55
8 $354.48
$7.30
$7.30
$12.17
$24.35
$38.96
$73.05
$121.74
$243.48
$389.57
$8.03
$8.03
$13.38
$26.76
$42.81
$80.28
$133.79
$267.59
$428.14
Residential
Single-Family $2.99
Multi-Family 3.05
Mobile Homes 3.05
Non.Residential
Commercial - Low 3.05
Commercial - Med 4,13
Commercial - High 6.29
Volume Charfe/HCF
3.27 3.57
3.33 3.63
3.33 3.63
3.33 3.63
4.52 4.94
6.89 7.55
HOW DO I OPPOSETHE RATE INCREASE!
If you oppose the proposed rate increase, your protest must
be submitted in writing to be considered, even if you plan to
attend the public hearing (see below). If written protests are
submitted by a majority of the affected property owners, the
proposed rate changes cannot be imposed.Your written protest
MUST be received prior to the close of public hearing.
Written protests must contain a description of the property,
such as the parcel number. Please also indicate the reason you
are protesting the rate increase. Please send your written
protest to:
City Clerk of the City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 9 1910
FOR MORE INFORMATION
Visit www.chulavistaca.gov for more information about the city
of Chula Vista and your sewer service. Please note, howeve~
that the City of Chula Vista requires that rate increase protests
be submitted in writing. E-mail protests will not be accepted.
Who should I call with questions!
If you have questions about the proposed rates, please call city
of Chula Vista, Engineering Department - Wastewater Engineering
8-6 tection at (619) 476-5380,
'~7A-':'_~"'''<''''''''''_"_'_''_'
(
CllY OF Office of the City Clerk
CHULA VISTA 276 Fourth Avenue. Chula Vista. CA 91910
8-63
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE CITY'S INTENTION TO
INCREASE SEWER SERVICE CHARGES AND SETTING A
PUBLIC HEARING FOR FEBRUARY 5, 2008, AT 4:00 P.M TO
CONSIDER ALL PROTESTS AGAINST THE PROPOSED
INCREASE TO THE SEWER SERVICE CHARGES.
WHEREAS, the Sewer Service Charge is the fee paid by all users who are connected to
the City's wastewater collection system to fund the cost of wastewater treatment and
maintenance of the system; and
WHEREAS, on July 19,2005, the City Council approved a five-year rate plan, which set
the schedule for the adjustment of sewer service fees for Fiscal Year 2005-06 through Fiscal
Year 2009-10 based on the findings and recommendations of the "Cost of Service and Rate Study
for Sewer Services" prepared by Camp Dresser & McKee, Inc. ("CDM"); and
WHEREAS, the adopted rate plan has not met the revenue objectives due to a
combination of factors, including, but not limited to, the overestimation of the baseline customer
data used in the 2005 Rate Study and the unanticipated shortfalls in the growth projections for
new accounts; and
WHEREAS in April 2007, the City retained CDM to prepare another study to re-evaluate
the performance of the adopted rate plan, re-evaluate the cost allocation among the various user
classes to ensure that it was proportional to use and equitable, re-evaluate the sewer-billing
method for single-family residential users, and develop a financial plan; and
WHEREAS, CDM has completed the "Cost of Service and Rate Study for Sewer
Services" dated October 2007 and has determined that the existing rates were inadequate and
would not generate the revenues needed to meet the obligations of the fund for wastewater
treatment, system operation and maintenance, and that rates needed to be adjusted and in some
cases increased; and
WHEREAS, at the current sewer rate level, necessary expenditures will exceed Fiscal
Year 2008 revenues by $3.3 million; and
WHEREAS, the adoption of the proposed sewer rate structure will ensure that the City
recovers sufficient revenues to meet projected expenditures for the maintenance and operation of
the City's sewer collection and treatment system for Fiscal Year 2008 through 2010.
H:\ENGINEER\RESOS\Resos2007\lZ-18-07\Reso-Sewer-Service-lncrease-Dee-Intent n:vS~Y6C40C
Resolution 2007-
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
that it declares its intention to increase the sewer service charges and sets a public hearing for
February 5, 2008, at 4:00 p.m. to consider all protests against the proposed increase to the sewer
service charges.
Presented by
Approved as to form by
~J ()vC~
Ann Moore
City Attorney
Scott Tulloch
City Engineer
H:\ENGINEER\RESOSlResos2007\12-18-07\Reso-Sewer-Service-Increase-Dee-Intent revied~ scgc
CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE:
12/18/07, Item S-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECOND AMENDMENT TO
THE CIVIC CENTER DESIGN BUILD AGREEMENT WITH
HIGHLAND PARTNERSHIP, INC. FOR THE CIVIC CENTER
RENOVATION PROJECT TO INCREASE THE GUARANTEED
MAXIMUM PRICE FOR PHASE 3 OF THE PROJECT BY
$1,699,514 AND AUTHORIZING THE MAYOR TO SIGN THE
SECOND AMENDMENT
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SECTION 3.50.170 OF THE
MUNICIPAL CODE AUTHORIZING THE CITY COUNCIL TO
APPROVE LOANS FROM THE CITY TO THE PUBLIC
FACILITIES DEVELOPMENT IMPACT FEE FUND MID-YEAR
RESOLUTION AUTHORIZING A LOAN IN THE AMOUNT OF
$4,161,570 FROM THE PARKS ACQUISITION AND
DEVELOPMENT FEE FUND TO THE PUBLIC FACILITIES
DEVELOPMENT IMPACT FEE FUND AND APPROPRIATING
$1,161,570 OF THOSE LOAN PROCEEDS TO PHASE 3 OF THE
CIVIC CENTER (GG-300) (4/5th VOTE REQUIRED)
SUBMITTED BY:
RESOLUTION APPROPRIATING INTEREST EARNINGS IN THE
AMOUNT OF $474,635 FROM THE CIVIC CENTER PHASE 2
CERTIFICATES OF PARTICIPATION TO PHASE 3 OF THE
CIVIC CENTER (CIP NO. GG-300) AND AUTHORIZING THE
TRANSFER OF ANY REMAINING PROJECT FUNDS FROM
CIVIC CENTER RENOVATIONS PROJECT PHASE 1 (CIP NO.
GG-139) AND PHASE 2 (CIP NO. GG-200) TO PHASE 3 (CIP NO.
GG-300) (4/5th VOTE REQUIRED)
DIRECTOR OF ENGINEERING AND GENERAL SERVICES ~
DIRECTOR OF FIN E
CITY MANAGER
ASSISTANT CITY AN
REVIEWED BY:
4/5THS VOTE: YES [!] NO D
9-1
12/18/07, Iteml
Page 2 of 10
BACKGROUND
In July of2001, the City Council approved a master plan for the renovation of the Civic Center.
On February 18, 2003, the City Council approved a Design Build Agreement ("Agreement")
with Highland Partnership, Inc. ("HPI") to design and construct the project. On August 3, 2004,
the City Council approved the Guaranteed Maximum Price ("GMP") of the project at
$38,346,000. The GMP reflects the amount to be paid to the design builder for design and
construction. The total project budget approved by City Council on August 3, 2004 was
$50,148,000. This action appropriates the funds to complete the third and final phase of the
project in accordance with those previous City Council actions.
On February 20, 2007, the City Council approved the funding of Phase 3 of the Civic Center
project and appropriated funds therefore. Phase 3 of the project includes the renovation of the
former police department building, the demolition of the Legislative Office Building and the
Community Development Building and the construction of the additional parking and
landscaped areas. The renovated former police department building will house the Human
Resources Department, Redevelopment Agency and Housing Authority, Recreation Department,
Information Technology Systems Department, Office of Conservation and Environmental
Services, a portion of the Building and Planning Department and the Chula Vista Employees
Credit Union. Phase 3 is funded by a combination of the Public Facility Development Impact
Fee Fund (93.68%) and the General Fund (6.32%). The approved budget for Phase 3 is
$15,015,000 and was funded using only cash on hand.
Since construction commenced on Phase 3, a number of issues have arisen which have caused
the project budget to be adversely impacted. The major issues are the discovery of unexpected
and significant amounts of asbestos in the building, significant enhancement to the City's
computer server rooms and associated equipment upgrades, changes in floor plans on the first
floor and the expansion of use of the basement with the relocation of Planning and Building staff
out of their leased space in the Eastlake Business Center into the basement.
ENVIRONMENTAL REVIEW
The project has been approved under a Mitigated Negative Declaration, IS-04-013.
RECOMMENDATION
That Council adopt the resolutions and ordinance.
BOARDS/COMMISSION RECOMMENDATION
None.
DISCUSSION
AMENDMENT TO THE DESIGN IBUILD AGREEMENT
Pro/eel Description
The Civic Center project has three construction phases. Phase I was the demolition and
reconstruction of City HalL That phase was substantially completed in November of 2005.
Phase 2 was the renovation of the Public Services Building CPSB"). That phase was
9-2
12/18/07, Item-S.-
Page 3 oflO
substantially completed in January of2007. The final phase is the renovation of the former police
department building and the demolition of the Legislative Office Building and Community
Development Building. The total project budget for the project that the Council approved on
August 3, 2004 is $50,148,000. The GMP, the portion that is paid to the City's Design Builder,
HPI, for this project, is $38,346,000. The GMP covers all design and construction related costs
of the project. The remaining funds in the budget beyond the GMP are utilized for a variety of
purposes including furniture, fixtures and equipment, proj ect insurance, staff time, consultant
services, etc.
As stated above, the first phase of the project was substantially completed in November 2005.
The phase included the demolition of the 18,300 square foot City Hall and construction of the
new facility. The actual cost of Phase 1 was $22,233,610 which translates into $542,390 below
the approved budget.
In an effort to make the multi-year, multi-phase project as fiscally efficient as possible, the
design costs for Phases 2 and 3 and the vast majority of the project insurance costs were all
included in Phase 1. Additionally, some materials such as doors, flooring, ceiling tiles, etc. were
purchased for all three phases during Phase 1.
Phase 2 included the renovation of the 29,700 square foot Public Services Building (PSB). The
Budget that was approved for Phase 2 was $12,357,000. In addition to that, $542,390 of the
Phase 1 savings was transferred into Phase 2, bringing the total Phase 2 budget up to
$12,899,390. Phase 2 has now been closed out with a total cost of $12,728,068. The net result
of the first two phases was a combined budget of $35,133,000 and a total expenditure of
$34,961,678, leaving an available balance of $171,322. Table 1 below summarizes the total
budgets for Phases 1 and 2.
Table 1. Phase 1 and Phase Two Budget Summary
Phase
Phase 1
Phase 2
* Approved budget for Phase 2 includes carryover of savings from Phase 1.
Phase 3 Chanl!es
Immediately after Phase 2 was completed, Phase 3 commenced. As stated above the approved
budget for Phase 3 is $15,015,000. As stated above, some expenses for Phase 3 were paid in
earlier phases. Attachment 1 is the staff report that was presented to City Council and approved
on February 20, 2007 regarding these issues. Shortly after staff was relocated out of the former
police department building and work commenced, a significant asbestos issue was discovered.
An environmental review of all of the buildings in the complex had been done prior to any
construction commencing. The reports, which the City contracted for directly and provided to
HPI, noted that there would be some asbestos present, however, it turned out that the problem
was far more extensive than was anticipated. This discovery led to a suspension of work while
9-3
~..
12/18/07, Item~
Page 4 of 10
an asbestos mitigation plan was developed and submitted to the appropriate governmental
agencies for approval.
At the same time that the asbestos plans were being developed, the Administration Department
informed the General Services Department that it wished to close the satellite building
inspection/plan check office in the Eastlake Business Park and relocate that operation to the
Civic Center. This relocation would enable the City to terminate and/or allow the office space
lease agreement it has to expire. The only place in the Civic Center that these staff can be
housed is the un-programmed area of the basement of the former police department. Our design
build agreement and project budget did not contain any funds for the design and construction
space as it was intended that it to be roughed in and then utilized at some point in the future
when necessary.
There have also been a number of other changes that the Engineering and General Services
Department have been instructed to undertake that were not part of the City's original scope or
were changes to the original scope that resulted in cost increases. Table 2 below provides a
summary of the approved project budget for Phase 3. Table 3 below provides a summary of the
cost additive changes. As the table indicates, we have described those changes that we would
have normally expected to be paid out of the approved project contingency, those changes that
were not typical contingency items but were also not a result of City generated scope increases
and those changes that were the result of scope changes that the City directed. The Engineering
and General Services Department generated none of the scope changes.
Table 2. Approved Design and Construction Budget for Phase 3
$785,000
$10000
$83,000
$166,000
$409,000
$142,000
$200,000
$739,000
$6,689,000
$1,419,000
$415,000
Total Desi n Builders Costs
$11,057,000
Ci
$3,012,000
Pro' ect Insurance
$946,000
Total Phase 3 Costs
$15,015,000
9-4
Table 3. Cost Additive Changes
Item
Cost
Site Utili Increases
ITS-Enhanced AC/Server Room Work
Plan Check Chan es
Sewer Pum Location*
Lobb Ceilin Modifications**
Comm. Dev. Floor Plan Chan es
Roof Drain/Slo e Issues
Eastlake Staff Relocation
Asbestos Abatement
Re lenishment of DB Contin enc ***
Pro' ect Insurance Increase
Additional Staff Time
$33,980
$289,959
$171,123
$75,194
$2,398
$151,202
$100,884
$401,200
$876,642
$400,000
$18,400
12/18/07, Item~
Page 5 of 10
Normal
Contingency
Item
City Generated
Scope Change
Yes
No
No
No
Yes
No
Yes
No
No
No
No
No
No
Yes
Yes
Yes
No
Yes
No
Yes
No
No
No
Yes/No
* While this is shown as an added cost, it was known when the City's FY 2007-08 CIP
Budget was approved and sufficient sewer funds were appropriated at that time to cover this
item.
** The amount depicted is for design costs only. Construction costs will be able to be
covered within the replenishment ofthe DB Contingency.
*** It is hoped that not all of this replenishment will be needed, however, we will be
demolishing two older buildings that may have environmental issues we're not aware of at
present, therefore, we feel it is prudent to fully fund the contingency at present. Any funds not
expended will be returned to the City's funds.
Table 4 below breaks down the gross costs into the normal contingency items, those items that a
contingency would not typically cover but were not City generated scope changes and the City
scope changes.
9-5
12/l8/07,Item~
Page 6 of 10
Table 4. Summary of Cost Changes
As Table 4 indicates, the project would have come in within the 2004 approved budget but for
the asbestos and city generated scope changes. In fact, we believe that there is a chance that the
project may have been slightly under budget since we had an original project contingency of
$415,000 and would have tapped into it for only $137,262 as of today. As stated above, there is
still quite a bit of work to do and the demolition of the Community Development and Legislative
Office buildings could still create some cost issues.
To further analyze the fiscal status of the Phase 3, if we were to assume the full expenditure of
the approved project budget and the asbestos remediation costs of $876,642, we would have been
6% over budget. With respect to the entire project, had all costs associated with all three phases
been spent, plus the asbestos costs, the project would be 1.75% over budget.
GMP Adiustment
The preceding discussion focused on the total project costs, which are ultimately what's most
important. The GMP only relates to those costs in the project that are payable to the design
builder. As such the amendment to the GMP is a somewhat different amount. As stated earlier,
the approved GMP for the entire project is $38,346,000. There have been no changes to the
GMP to date. The cost additive increases discussed within this report, result in a net need to
increase the GMP by $1,699,515. Table 5 below summarizes how the GMP adjustment was
calculated and Attachment 2 is a copy of Prime Contract Change Order #05 that details how the
above amount has been determined.
Table 5. Summary of GMP Adjustment
Amended Phase 3 GMP
A roved Non Cost Additive Transfers
Current Phase 3 GMP
Total Costs to Date
$8,428,488
$261,422
$8,689,910
Committed Costs to Date
General Conditions
Asbestos Abatement
Various Construction Cost Increases
$876,642
$1,225,940
9-6
12/18/07, Item~
Page 7 of 10
Previousl Committed Costs
Variance To Hard Costs From Bud
Civic Center Budi!et Status
As indicated in Tables 3 and 4, the total cost of changes to Phase 3 is $2,741,351. As prior staff
reports have indicated, there were some savings from the first two phases of the proj ect. Those
savings have been brought forward from phase to phase. It is important to note that the
Guaranteed Maximum Price (GMP) and total project budget for the entire project was
established on August 3, 2004. That price was set when construction costs, particularly material
costs, were escalating significantly. The Design Build Contract did provide for automatic GMP
increases based on recognized construction cost indexes. None of those automatic GMP
increases have been sought by HPI nor are any anticipated.
As the Civic Center project is a multi-phased project with several distinct funding sources, there
are funds that have not been expended in the cash accounts and the bond financed accounts for
Phases 1 and 2 that are available to be utilized to offset the Phase 3 increases. Table 6 below
provides a summary of funds available within the project that can be utilized to offset the Phase
3 cost increases.
Table 6. Funds Available in Civic Center Project (GG-139, GG-200 and GG-300)
Pro. ect Cost Increases
Phase 2 Bond Proceeds
Phase 2 Bond Interest
Phase 3 Sewer Funds
$171 322
$474,635
$75,194
As Table 6 indicates, after gathering together all available funds in the various phases of the
project, we remain $1,161,570 short. That number indicates a net increase of 2.31 % over the
available funds for the Civic Center project.
With respect to the 'Eastlake Staff Relocation' item, these costs are related to the relocation of
the Planning & Building Department's Inspections and Plan Review staff from the Eastern
Permit Center to the Civic Center complex. The eventual closing of the Eastern Permit Center
has always been assumed by the PFDIF program. In the 1999 PFDIF Update, it was assumed
that the staff housed at this satellite office would be relocated to the new Corporation Yard upon
the project's completion. Since that time, staff has determined that sufficient space is not
available to house these employees at the Yard as previously planned. It is therefore the
recommendation of staff that suitable space be constructed to house these functions in the
basement of the former Police Facility. While this decision is anticipated to add $401,200 to the
cost of Phase 3, this amount will be offset by the elimination of annual lease payments for the
satellite office. Upon expiration of the lease agreement on December 3, 2009, the closure of the
Eastern Permit Center will generate annual savings of$129,360.
9-7
12/18/07, Iteml
Page 8 of 10
Total Pro/eet Budzet Summary
Table 7 below provides a summary of the total budget history of the project, assuming that that
the recommendations contained within this report are enacted. Since the project is multi-phased
and contains several funding components, Table 6 relates actual expenditures to the budgets
established in the August 2004 GMP. This gives a more apples to apples comparison of budget
to actual expenditures.
Table 7. Project Budget Summary
Phase
Savings/(Shortfall)
Other Potential Issues
The only other significant issue that potentially could affect the total project budget is the
incorporation of an Events Monitoring Center in the basement of the building. The basement
includes a large training room that has a moveable wall that allows flexibility in terms of the size
of the space. The City Manager has directed staff to enable this space to be utilized as an Events
Monitoring Center in the event of an emergency or some other event. The room will provide the
City with an area in the Civic Center that can be used as an interim Emergency Operations
Center. The room and, in fact, the entire building, do not meet minimum seismic standards for
an essential services building. It has been the long-term plan of the City that when Fire Station
No.1 is reconstructed it would include a formal Emergency Operations Center. Fire Station No.
1 would be constructed to the necessary seismic standards to be classified as an essential services
building.
ORDINANCE AMENDING THE MUNICIPAL CODE
The Municipal Code, at Section 3.50.170 states,
"3.50.170 Fund Loans.
A. Loans by the City. The city may loan funds to the fund to pay for facilities should the
fund have insufficient funds to cover the cost of said facility. Said loans, if granted,
shall be approved upon the adoption of the annual city budget and shall carry the
interest rates as set by the city council for each fiscal year. A schedule for repayment
of said loans shall be established at the time they are made and approved by the
council, with the a maximum term not to exceed the life of the fund."
9-8
12/18/07, Item~
Page 9 of 10
This is apparently the only fund in the City that places a restriction on the city that it can only
undertake inter-fund loans during the annual budget process. Staff recommends that the above
language be amended to read as follows:
"3.50.170 Fund Loans.
Loans by the City. The City may loan funds to the fund to pay for facilities should the
fund have insufficient funds to cover the cost of said facility. Said loans, if granted, shall
be approved upon the adoption of the annual City budget, or bv resolution of the Citv
Council if granted mid-vear. and shall Carry interest based on the average interest rate on
the City's Pooled Investment Portfolio at the time of the loan. A schedule for repayment
of said loans shall be established at the time they are made and approved by the Council,
with the maximum term not to exceed the life of the fund.
This change allows the City Council to have the same flexibility to deal with changing
conditions affecting PFDIF projects as it does other projects.
AUTHORIZATION OF A FUND LOAN FROM THE PAD FEE TO THE PFDIF
As stated in the budget status section above, the actual project shortfall is projected to be
$1,161,570. In terms of the project that is the extent of the loan needed to fund the project. Due
to the draw down of cash reserves within the PFDIF and the slow down in development
activities, the Director of Finance has found that in order to maintain a workable fund balance in
the PFDIF that will allow it to meet its debt service obligations that a loan of $4,161,570 be
made from the PAD Fee fund to the PFDIF. This loan will serve as an internal backstop to the
PFDIF in the event that PFDIF revenues continue to languish. It is anticipated that within the
next two fiscal years that significant PFDIF revenues should be realized through the funding of
Community Facilities Districts in eastern Chula Vista which could generate up to $20 million in
PFDIF revenues. As the development industry still appears to be in a non-growth phase, it is
impossible with any certainty to estimate when those development projects will recommence.
This inter-fund loan simply allows the PFDIF to continue to meet its obligations and the loan
proceeds will be used only if sufficient PFDIF revenues are not available.
The PAD Fee fund is sufficiently funded to make this loan and the funds that are being loaned
are not projected to be needed for a number of years and in fact, won't be needed until the
community facilities districts discussed above move forward. As soon as they do, the PAD Fee
would be reimbursed for any funds utilized by the PFDIF and the loan terminated.
As per the above section of the Municipal Code, a schedule for repayment of this loan has been
established, and is included as Attachment 3 of this report. This repayment schedule assumes a
15-year repayment period and an interest rate of 5% (compounded annually). Assuming the full
15-year repayment period, the PFDIF Program would incur financing costs totaling $1,852,458,
with annual debt service payments of $400,935. If sufficient PFDIF revenues are available to
repay the loan at an accelerated rate, actual financing costs would be reduced.
This loan is in keeping with the Council's policy to utilize internal fund loans before seeking
loans from the outside.
9-9
12/18/07, Item~
Page 10 of 10
DECISION MAKER CONFLICTS
Staff has reviewed the property holdings of the City Council and has found a conflict exists, in
that Councilmember Jerry Rindone has holdings within 500 feet of the boundaries of the
property which is the subject of this action.
FISCAL IMPACT
The fiscal impact of these actions are described in detail above. Phase 3 of the Civic Center
project is funded by the PFDIF and the General Fund. At the time that Phase 3 funding was
approved, it was assumed that the PFDIF would loan the General Fund its share of the project's
cost. As a result of this loan agreement, tonight's action will only appropriate monies from the
PFDIF fund.
Most of the cost additive changes are direct construction costs and, based on the March 2006
PFDIF Update, 100% of the those costs are PFDIF eligible. With respect to internal staff costs
and project insurance, those costs are 93.68% PFDIF eligible. Assuming this same split is
applied to the $1,161,570 in additional project costs, this would result in a PFDIF obligation of
$1,088,159 and a General fund obligation of $73,411. Upon completion of Phase 3, the final
split of the project's cost between the PFDIF and the General fund will be calculated. The loan
repayment from the General fund for its share of Phase 3 will then be reviewed and revised as
necessary to account for these additional project costs.
The current PFDIF fee is sufficient to offset these construction and financing costs without
increasing the amount charged to developers.
Prepared by: Jack Griffin, Director afGeneral Services
Maria Kachadoorian, Director of Finance
M:\General Services\GS Administration\Council Agenda\Civic Center\Phase III GO 30Q\December 2007 GMP Adjustment Fina112 13 07.doc
Attachment 1; February 20, 2007 Staff Report
Attachment 2: Prime Contract Change Order #05
Attachment 3: PAD Fund Loan to PFDIP Fund Amortization Schedule
9-10
A-tt~~^"t.-i \
CITY COUNCIL
AGENDA STATEMENT
~l~ CITY OF
.ilffiCHULA VISTA
2/20/07, Item 10
SUBMITTED BY:
RESOLlITION APPROPRIATING FUNDS FROM THE
PUBLIC FACILITIES DEVELOPMENT IMP ACT FEE FUND FOR
THE CONSTRUCTION OF PHASE 3 OF THE CIVIC CENTER
RENOVATION PROJECT (GG-300)
DIRECTOR OF GENERAL SERVICE~J.}.
DIRECTOR OF FINffCE ,..t f'L- M.L\j
CITY MANAGER j!
ITEM TITLE:
REVIEWED BY:
4/5THS VOTE: YES [8] NO 0
BACKGROUND
In July of2001, the City Council approved a master plan for the renovation of the Civic Center.
On February 18, 2003, the City Council approved a Design Build Agreement (UAgreement")
with Highland Partnership, Inc. (UHPI") to design and construct the project. On August 3, 2004,
the City Council approved the Guaranteed Maximum Price (uGMP") of the project at
$38,346,000. The GMP reflects the amount to be paid to the design builder for design and
construction. The total project budget approved by City Council on August 3, 2004 was
$50,148,000. This action appropriates the funds to construct the third and final phase of the
project in accordance with those previous City Council actions.
Phase 3 of the Civic Center project is funded by a combination of the Public Facility
Development Impact Fee Fund (88.87%) and the General Fund (11.13%). The first two phases
of the project have been completed in accordance with the budget approved by the City Council.
The Public Facility Development Impact Fee Fund (UPFDIF") was established to fund a number
of specific projects in the City, including the Civic Center Renovations. The PFDIF funds may
only be used for those projects specifically approved by the City Council in the ordinance
establishing the PFDIF and its subsequent amendments.
Phase 3 of the project includes the renovation of the former police department building, the
demolition of the Legislative Office Building and the Community Development Building and the
construction of the additional parking and landscaped areas. The renovated former police
department building will house the Human Resources Department, Community Development
Department, Recreation Department, Information Technology Systems Department, a portion of
the Building and Planning Department and the Chula Vista Employees Credit Union.
E~RONMENTALRE~EW
The project has been approved under a Mitigated Negative Declaration, IS-04-013.
)0 -I
9-11
2/20/07, Item-KL-
Page 2 of7
RECOMMENDATION
That Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
None.
DISCUSSION
Proiect DescrilJtion
The Civic Center project has three construction phases. Phase I was the demolition and
reconstruction of City Hall. That phase was substantially completed in November of 2005.
Phase 2 was the renovation of the Public Services Building ("PSB"). That phase was
substantially completed in January of2007. The final phase is the renovation of the former police
department building and the demolition of the Legislative Office Building and Community
Development Building. The total project budget for the project that the Council approved on
August 3, 2004 is $50,148,000. The GMP, the portion that is paid to the City's Design Builder,
HPI, for this project, is $38,346,000. The GMP covers all design and construction related costs
of the project. The remaining funds in the budget beyond the GMP are utilized for a variety of
purposes including furniture, fixtures and equipment, project insurance, staff time, consultant
services, etc.
As stated above, the first phase of the project was substantially completed in November 2005.
The phase included the demolition of the 18,300 square foot City Hall and construction of the
new facility. The actual cost of Phase 1 was $22,233,610 which translates into $542,390 below
the approved budget.
In an effort to make the multi-year, multi-phase project as fiscally efficient as possible, the
design costs for Phases 2 and 3 and the vast majority of the project insurance costs were all
included in Phase 1. Additionally, some materials such as doors, flooring, ceiling tiles, etc. were
purchased for all three phases during Phase I. The addition of these costs brought the total Phase
I budget up to $25,283,854. Through January 17, 2007, the total amount expended for Phase I
was $24,793,162. Staff is in the process of closing Phase I and does not expect any additional
expenditures.
Phase 2 included the renovation of the 29,700 square foot Public. Services Building (PSB). The
Budget that was approved for Phase 2 was $12,357,000. In addition to that, $537,823 of the
Phase 1 savings was transferred into Phase 2, bringing the total Phase 2 budget up to
$12,894,823. While there are still some outstanding bills to be paid, it appears that the final cost
of Phase 2 will be $12,807,465 which translates into $87,358 below the approved budget.
At the time that Phase 2 was fmanced, Council also approved the addition of some Phase 3 costs.
The financing included all of the Phase 2 costs incurred during Phase 2 and reimbursement of
some of the costs in Phase I for Phases 2 and 3 that were not part of the Phase 1 financing.
Table I below provides a summary of how the Phase 2 bond proceeds have been expended:
/~~r
9-12
2/20/07, Item \ 0
Page 3 of7
Table 1.
S tartin Balance
NIC Im rovements
Phase I Reimbursements for Phase 2 and 3
Phase 2 Costs less reimbursement
Phase 3 Costs less reimbursement
Bond Proceeds Available to Move Forward
$0
$1,824,736
$3,046,293
. $11,044,005
$263,665
$17,183,964
$15,359,228
$12,312,935
$1,268,930
$1,005,265
$1,005,265
With the substantial completion of Phase 2 in January of 2007, the City is ready to move on to
Phase 3. This phase includes the renovation of the former police department, the demolition of
the Community Development Building and the Legislative Office Building and the construction
of additional parking and landscaped areas. Housed on the first floor of the renovated building
will be the Human Resources Department, Cornmwrity Development Department, Recreation
Department, a portion of the Building and Planning Department and the Chula Vista Employees
Credit Union. The basement will be home to the Information Technology Services Department
(ITS), a large conference/training room, additional conference rooms, storage areas, gym and
locker room and an un-programmed area that will be "roughed in". This un-programmed area
will be able to be easily finished if the City finds the need to use that space in the future.
From an architectural perspective, the building will be renovated on the exterior to complement
the architecture of the new City Hall and renovated PSB. The elevation facing the PSB will
contain the same tower and archway elements that will complete the new public open space area
in the center of the complex. The existing exterior walls of the building will be modified to
provide windows similar to City Hall and PSB.
The interior of the building will also be significantly modified. The main feature of the interior
of the building will be a 36 foot by 36 foot "atrium" in the center of the building. Above the
atrium, there is an existing clearstory, thus natural light will be able to penetrate all the way into
the basement of the building. Public access to the building will be switched from the side of the
building facing Fourth Avenue to the building elevation facing City Hall.
Proiect Schedule
The design build agreement between the City and HPI called for a start date of February 19,
2007 and substantial completion by May 7, 2008 for Phase 3. Substantial completion means that
the building is operational and open for business. Final completion is called for by August 6,
2008. By the final completion date, the Community Develo'pment and Legislative Office
buildings will have been removed and the parking and landscape areas will be complete. It is
both staff and HPI's goal to deliver the project on schedule. It should be noted, however, that the
schedule for the completion of Phase 2 was about five weeks later than originally planned. This
was principally caused by two major factors, the presence of unsuitable soils beneath the area
where the former Council Chambers were located and the need to undertake a greater effort in
renovating the roof of the building. These slight delays trickle through the project into the third
phase. In an effort to recover as much time as possible, some work in the basement of the former
police department was started in January of2007. The purpose 01 this work was to provide some
areas for the ITS Department to relocate equipment. / t)., ~
9-13
2/20/07, Item---1LL-
Page 4 of7
Pro/eet Fundinl?
As briefly discussed above, the project has proceeded within the budgeted amounts approved by
Council on August 3, 2004. It is staff's belief that upon completion of Phase 3, the project will
have been delivered within the budget that was approved. Table 2 below provides a brief
summary of the budget status of all three phases. .
Table 2.
,Origh"'l~g~ .'
"",,"'''.:
$22,776,000
$12,357,000
$15,015,000
With respect to Phase 2, we are confident that we will receive credits on our insurance costs.
While the amount and timing of these credits are unknown as of this date, any credit will reduce
the overage depicted above. We also expect to receive rebates from San Diego Gas and Electric
for the 30kwH photovoltaic system installed on the roof of the PSB.
As described earlier, the City has already financed a portion of Phase 3 of the project with the
financing of Phase 2. Also, as discussed above, the City has already incurred some costs for Phase
3. Table 3 below provides a breakdown and the amounts and in which phase the early Phase 3
expenditures occurred.
Table 3.
... . !'~::~~I~~T~~ 3.'
.
. Amt. Inc1:lITedin ..
Phase 2 f~,PhaSe 3 .
.,-:-'.": ....;: :.:c .:,;':;;":_': ", - ,;./ji~"-.
hi:"'"''
'~~In~~~e::!;' .
Design Builder Costs:
Design of Building
Design of Temp. Renov.
Development Staff Costs
D/B Fixed Fee (Design)
D/B Fixed Fee (Construction)
Construction Allowances
Demolition and Construction
DIB Costs Sub-Total
City Budgeted Allowances:
Project Insurance:
"Total ..
$785,000
$10,000
$83,000
$166,000
$155,201
51,199,201
576,369
5898,726
$2;X74~296 ,
'..- '.... , ,
$41,175
$27,015
$47,011
5115,201
591,485
575,000
.'./$281,686
$785,000
$10,000
$83,000
$166,000
$41,175
$27,015
$202,212
51,314,402
5167,854
5973,726
'i1~;m~~,~?$',982' .
/~~'I
9-14
2/20/07, Item.l.O...-
Page 5 of7
In terms of how Phase 3 will actually be paid for, the plan for that vas changed since the beginning
of the project. Originally, the City planned to finance all three phases of the project. During the
course of 2006, the City entered into negotiations with the development community with respect to
the updating of the PFDIF. The development community was very desirous of seeing the City not
fmance Phase 3. The eventual update of the PFDIF that the City Council approved in November of
2006 contemplated the City paying for Phase 3 as it went, i.e. not financing it. Based on the
November 2006 PFDIF update, Phase 3 of the Civic Center will be funded as follows:
PFD IF - 88.87% of construction and 79.27% of financing (portion financed with Phase 2)
General Fund - 11.13% of construction and 20.73% of financing.
Given that the total cost of Phase 3 has been approved at $15,015,000, that means that the PFDIF
share of the Phase is $13,343,830 and General Fund share is $1,671,170. As described above, some
Phase 3 costs have already occurred and a portion of the Phase 2 financing reimbursed the City for
those costs. Table 4 below summarizes the amount necessary to fully fund and complete the
proj ect.
As Table 4 below indicates, the remaining funds needed to complete Phase 3 is $12,586,744. Of the
amount, $1,005,268 of Phase 2 bond proceeds are available for Phase 3. This then requires an
additional appropriation of $11,581,476. Staff recommends appropriating the remaining PFDIF
share now. The general fund's share of this amount will be $1,337,031. Since the draw-down
schedule contemplates drawing the funds at a rate of 8.3% of the project monthly, the general fund
share will not be needed until the final 1.5 months of the project. With a final completion date of
August 6, 2008 as discussed above, the general fund component will not be required until late in
Fiscal Year 2008 or early in Fiscal Year 2009. It is anticipated that the General Fund's share will be
derived from an internal loan from the PFDIF paid back over 20 years at an interest rate of 5%.
This type of repayment schedule would require an annual General Fund appropriation of
approximately $135,000 starting in FY 2009. This loan will be addressed during the Fiscal Year
2008 Budget process.
Table 4.
','-'.- ...-.-....
. ",c""-,,,,,,,,,
"'-,..','" h"i'''' -,' '" ';;!C:,;- "'j;
.' ". Ph~s~j,~oiit,s "
.~h'ea:"dyPaid
. .;
";,.
. ".Ongwal
. )JWlget "
Design Builder Costs
City Budgeted Allowances
Project Insurance
$11,057,000
$3,012,000
$946,000
$1,314,402
$167,854
$973,726
$9,742,598
$2,844,146
o
Since the project was started, there have been some changes to the uses of buildings. The main
change was the decision to have the Community Development Department housed in the former
police department instead of in the PSB as originally planned. In 9rder to make that change work /! ...
from a space perspective, the original plan to have a portion of the Engineering Department located /(7 ..,!)
9-15
2/20/07, Item I D
Page6of7
in the former police department was changed and the entire Engineering Department is now located
in the PSB. This change occurred in early 2006 after a reorganization of the Engineering
Department. This change enabled the Community Development Department to have additional
space that it would need and also allow the Engineering Department to be kept together in the PSB.
This change has had a number of impacts on the project. First, some redesign of the interior space
plan was necessary in Phase 2 to eliminate Community Development and enlarge Engineering.
Similar redesign will occur in Phase 3. The more significant issue from a cost and logistic
perspective is that the General Services Department never anticipated having to find an alternate
location for Community Development. The plan in terms of interim moves of staff within the
complex was that the Human Resources Department would occupy the Community Development
Building and Legislative Office Building during Phase 3 construction. Those buildings would have
been vacated by the Community Development Department as they moved into the PSB. That was
the original plan.
With the change of plans, we needed to find a place to house both Community Development and
Human Resources during Phase 3. A number of options were explored including; leasing office
space off-site, utilizing the old public works center at F SI. and Woodlawn Ave., scattering staff
throughout a number of areas or leasing portable office space. Based on cost, minimizing public
inconvenience and maintaining departmental efficiencies, it was determined that the best way to go
was to lease portable office space and place those facilities in the rear of the Ken Lee parking lot. It
was further determined that it would be better to relocate Community Development to that space
even though it required an additional move. The reason for this is' that Human Resources handles
significantly more public traffic than Community Development and the Community Development
Building already had a counter/public waiting area as well as public parking immediately in front of
the building. We expect the cost of this effort to be approximately $205,000 ($45,000 for
construction and $160,000 for lease ($IO,OOO/month). It is our goal at this point in time to not
modify the project budget for Phase 3, however, given how tight the budget on Phase 2 was, it
would not be terribly surprising if a minor budget adjustment may be necessary.
DECISION MAKER CONFLICTS
Staff has reviewed the property holdings of the City Council and has found a conflict exists, in
that Councilmember Jerry Rindone has holdings within 500 feet of the boundaries of the
property which is the subject of this action.
FISCAL IMPACT
The fiscal impact of the project is as described above in the discussion regarding the split in the
costs of the project between the PFDIF and General Fund. As discussed above the general fimd
share of Phase 3 will not be needed until late in Fiscal Year 2008. Staff is recommending
appropriating the full share of the PFDIF obligation at this time. It is anticipated that the General
Fund's share will be derived from an internal loan from the PFDIF paid back over 20 years at an
interest rate of 5% (approximately $135,000 annually beginning in FY09) and will be addressed
during the FY 2008 budget process.
The projected Fiscal Year 2007 fund balance of the PFDIF is $15.8 million. This amount is
sufficient to pay the costs of Phase 3 of the Civic Center as well as meet the PFDIF's existing
debt service obligations. At the end of the project there will be a remaining fund balance of $5.1
million.
/o-~
9-16
2/20/07, Item..lD-
Page 7 of7
From an operational standpoint, the building will include new mechanical equipment that will be
significantly more energy efficient than the existing equipment. Also, the City is participating in
the Savings By Design program with SDG&E and is attempting to comply with the City's
energy conservation policy of exceeding California Title 24 standards by 20%.
From a maintenance and custodial perspective, once the building is complete, and the
Community Development and Legislative Office Building are removed, General Services will
attempt to analyze the demands the new building will create on those functions. It should be
noted that during the entire Civic Center project, custodial and building maintenance staff levels
have remained static since one building has been out of service the entire time. Obviously, this
will not be case at the conclusion of Phase 3. Given the shifting square footages and elimination
of the two smaller, less efficient buildings, its difficult to assess what the actual demands will be
until we are actually in the remodeled building and observe how the buildings operate as a
complex. One lesson that we have learned is that there is significantly higher demand for the use
of our buildings from outside the City given their usability, audio-visual capabilities, comfort
and attractiveness.
From the perspective of other departments in the complex there should not be any fiscal impact
as their staffing levels are not materially impacted. It is hoped, that given the new equipment,
shared counter spaces and more logical placing of departments that there will be increased
efficiencies among the departments In the complex. Whether those efficiencies will be able to be
quantified in terms of cost savings is something that those resident departments will have to
analyze once they've had sufficient time to become accustomed to the finished complex.
Prepared by; Jack Griffin, Director afGeneral Services
Maria Kachadoorian. Director of Finance
M:\General Scrvices\GS Administration\Council Agcnda\Civic Center\Phase 1Il GG 300\Civic Center Phase 3 finaI.doc
/~-1
9-17
RESOLUTION 2007 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROPRIATING FUNDS FROM
THE PUBLIC FACILITIES DEVELOPMENT IMPACT
FEE FUND FOR THE CONSTRUCTION OF PHASE 3
OF THE CIVIC CENTER RENOVATION PROJECT
(GG-300)
WHEREAS, on August 3, 2004, the City Council approved the Guaranteed
Maximum Price ("GMP") ofthe project at $38,346,000; and
WHEREAS, the total project budget approved by City Council on August 3, 2004
was $50,148,000; and
WHEREAS, this action appropriates the funds to construct the third and final
phase of the project in accordance with those previous City Council actions; and
WHEREAS, Phase 3 of the project includes the renovation of the former police
department building, the demolition of the Legislative Office Building and the Community
Development Building and the construction of the additional parking and landscaped areas; and
WHEREAS, the project has been approved under a Mitigated Negative
Declaration, IS-04-0 13; and
WHEREAS, with the substantial completion of Phase 2 in January of 2007, the
City is ready to move on to Phase 3; and
WHEREAS, the design build agreement between the City and HPI called for a
start date of February 19, 2007 and substantial completion by May 7, 2008 for Phase 3.
Substantial completion means that the building is operational and open for business. Final
completion is called for by August 6, 2008; and
WHEREAS, originally, the City planned to finance all three phases of the project
but as a result of the 2006, PFDIF update the City decide not to finance the third phase of the
project; and
WHEREAS, based on the November 2006 PFDIF update, Phase 3 of the Civic
Center will be funded as follows:
PFDIF - 88.87% of construction and 79.27% of financing (portion financed with Phase 2)
General Fund - 11.13% of construction and 20.73% of financing.
/7
/0'0
9-18
WHEREAS, given that the total cost of Phase 3 has been approved at $15,015,000,
that means that the PFDlF share of the Phase is $13,343,830 and General Food share is $1,671,170;
and
WHEREAS, the remaining funds needed to complete Phase 3 is $12,586,744; and
WHEREAS, of the amooot above, $1,005,268 of Phase 2 bond proceeds are
available for Phase 3. This then requires an additional appropriation of $11,581 ,476; and
WHEREAS, staff recommends appropriating the remaining PFDlF share now; and
WHEREAS, the General Fund's share of this amount will be $1,337,031, the
appropriation of which will be requested when the funds are needed; and
WHEREAS, it is anticipated that the General Food's share will be derived from an
internal loan from the PFDlF paid back over 20 years at an interest rate of 5% (approximately
$135,000 annually beginning in FY09); and
WHEREAS, the projected Fiscal Year 2007 fund balance of the PFDlF is $15.8
million. This amount is sufficient to pay the costs of Phase 3 of the Civic Center as well as meet
the PFDlF's existing debt service obligations; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chu1a
Vista does hereby appropriate funds in the amount of $11,581,476 from the Public Facilities
Development Impact Fee fund for the construction of Phase 3 of the Civic Center Renovation
Project (GG-300).
Presented by
Approved as to form by
Jack Griffin
Director of General Services
tL, d) VI,I'-. tl.Jt:~1 jk.d:C.....
Ann M6Je
City Attorney
/0--9
9-19
111 Highland
Prime Contract Change Order #05
F\ * (h.......\- z...
Client: City Of Chura VIsta
276 Fourth Avenue
Cnuls VIsta, CA 91910
Project: CIvic Center Complex
Attention: Jack Grlm!n . Director General SaMees
Kip Howard - Allegts Development Services
Date: October 26, 2007
GMP Per Prime Contract Amendment August 3, 2004 (Component A, B & C)
In accordance with Chula Vista Civic Center Complex Design I Build
Agreement
Section 15: Change in GMP and Contract Time, Item No. 15.2.5 The City
may. In its sole discretion, adjust the GMP or Contract Time for any
undisputed amount or time associated with the Change Order or Additional
Services.
Component A. City Hall GMP
City Hall construction savings - Transfer to Component B - PSB
City Hall Final costs
Component B - PSB GMP
Transferfrom City Hall (re-allocate 88,331 of the 480,136 to DB fixed fees)
Transfer to Design Builder fixed fees for added design services
PSB revised Total
PSB construction savings - Transfer to Component C - Old PO
PSB Final costs
Component C - Old PO GMP
Transfer from PSB (re-allocate 54,343 of the 110,354 to DB fixed fees)
Transfer to Design Builder fixed fees for added design seNices
Old PO revised Total (without reimbursables of $142,000)
TotaIA,B&C
Total Change Order Number 05
Contract Summary
Original GMP per First Amendment to Civic Center Design Build Agreement
GMP Cost Priorto this Change Order
New GMP including this Change Order
Contract Time will be changed by this Change Order (calendar days)
Variance from original GMP to new GMP
increase percentage
David H. Cecil
Senior Project Manager
Kip Howard
A/legis Development SeNlces
Jack Griffin
Director General Services
9-20
17,980,000
-480,136
17,499,864
9,451,000
391,805
88,331
9,931,136
-110,354
9,820,782
10,915,000
56,011
54,343
11,025,354
38,346,000
38,346,000
40,045,515
o
1,699,515
4.4%
38,346,000
38,346,000
1,699,515
At\~lL..."-t~r ')
--------------------------------------------------------------------------------
12-12-2007 Pg 1
Compounding period...:
--------------------------------------------------------------------------------
Nominal annual rate..:
Effective annual rate:
periodic rate. ..... ..:
Equivalent daily rate:
CASH FLOW DATA
Annual
5.000 %
5.000 %
5.0000 %
0.01370 %
Event
Date
--------------------------------------------------------------------------------
Amount
# Period End-date
--------------------------------------------------------------------------------
1 Loan
2 Payment
12-12-07
12-12-08
4,161,570.00
400,935.17
1
15 Annual 12-12-22
AMORTIZATION SCHEDULE - Normal amortization
Pmt Date Payment Interest
Loan 12-12-2007
2007 totals
1 12-12-2008
2008 totals
2 12-12-2009
2009 totals
3 12-12-2010
2010 totals
4 12-12-2011
2011 totals
5 12-12-2012
2012 totals
6 12-12-2013
2013 totals
7 12-12-2014
2014 totals
8 12-12-2015
2015 totals
9 12-12-2016
2016 totals
10 12-12-2017
2017 totals
11 12-12-2018
0.00
400,935.17
400,935.17
400,935.17
400,935.17
400,935.17
400,935.17
400,935.17
40'0,935.17
400,935.17
400,935.17
400,935.17
400,935.17
400,935.17
400,935.17
400,935.17
400,935.17
400,935.17
400,935.17
400,935.17
400,935.17
400,935.17
0.00
208,078.50
208,078.50
198,435.67
198,435.67
188,310.69
188,310.69
177,679.47
177,679.47
166,516.68
166,516.68
154,795.76
154,795.76
142,488.79
142,488.79
129,566.47
129,566.47
115,998.03
115,998.03
101,751.18
101,751.18
86,791.98
9-21
Principal
0.00
192,856.67
192,856.67
202,499.50
202,499.50
212,624.48
212,624.48
223,255.70
223,255.70
234,418.49
234,418.49
246,139.~1
246,139.41
258,446.38
258,446.38
271,368.70
271,368.70
284,937.14
284,937.14
299,183.99
299,183.99
314,143.19
Balance
4,161,570.00
3,968,713.33
3,766,213.83
3,553,589.35
3,330,333.65
3,095,915.16
2,849,775.75
2,591,329.37
2,319,960.67
2,035,023.53
1,735,839.54
1,421,696.35
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
'~~___ d _/~~
Ann Moore
City Attorney
Dated: Ie-I 13/01
I f
Second Amendment to
Civic Center Design Build Agreement
between
City of Chula Vista
and
Highland Partnership, Inc.
9-22
SECOND AMENDMENT TO
CNIC CENTER
DESIGN BUILD AGREEMENT
This Second Amendment to the Civic Center Design Build Agreement is entered into this
18th day of December 2007, by and between the City of Chula Vista, a municipal
corporation (City) and Highland Partnership, Inc. (Design Builder or D/B).
RECITALS
A. In July 2001, the City Council approved a master plan for the renovation of the
Chula Vista Civic Center.
B. The City Council approved a Design Build Agreement with Highland Partnership,
Inc. for the Civic Center Renovation Project (Project) on February 18, 2003 (Agreement).
The Agreement contemplated that the construction of the renovations of the Civic Center
would be accomplished in three components (now referred to as Phases): Component A
(Phase I), Component B (Phase 2), and Component C (Phase 3).
C. Pursuant to section 6.4.1 of that Agreement, the Guaranteed Maximum Price
(GMP) was not to exceed $28,081,000.
D. The City Council approved the First Amendment to Civic Center Design Build
Agreement on August 3, 2004. A copy of the First Amendment to Civic Center Design
Build Agreement is attached to this Agreement as Exhibit A.
E. The First Amendment to Civic Center Design Build Agreement set the GMP for
Component A for an amount not to exceed $17,980,000; for Component B for an amount
not to exceed $9,451,000; and for Component C for an amount not to exceed
$10,915,000, except as adjusted pursuant to Section 6 of the First Amendment to Civic
Center Design Build Agreement, for a total GMP of$38,346,000.
F. As construction began on Phase 3, City staff encountered significant asbestos
abatement issues and determined that the plans should be modified due to a number of
City-generated changes in scope.
G. The City staff and D/B have reviewed and agreed to the increased costs and desire
to increase the GMP for Component C (Phase 3) by $1,699,514.
AGREEMENT
In consideration of the mutual promises and covenants contained in this Second
Amendment to Civic Center Design Build Agreement, the Parties agree as follows:
1. Section 1: General Scope of Work to Be Performed bv D/B. Subsection 1.3.1
is deleted in its entirety and replaced with the following:
9-23
"Perform all services, work and obligations as described herein for the
not to exceed Guaranteed Maximum Price ("GMP") determined
pursuant to Section 6.4 of this Agreement. The GMP shall not exceed
the amount of Forty Million Forty-Five Thousand Five Hundred and
Fourteen and no cents ($40,045,514) which shall include all Hard
Construction Costs necessary to provide a fully completed and
functional Project including, but not limited to, the cost for all labor,
equipment, material and the D/B Fixed Fee which includes fees and
expenses of any type, including all expenses under this agreement,
associated with completing the Project, whether on-site or off-site, and
the DIE Contingency Fund. Any costs incurred by DIE in excess of
said GMP shall be the responsibility of the D/B unless a Change Order
is approved by the City pursuant to Section 15 of this Agreement. All
funds remaining in the GMP at completion of the Project shall belong
to the City.
2. Section 6. Subsection 6.4.2. Delete the first paragraph of section 6.4.2 in its
entirety and replace with the following:
"The GMP for component B shall not exceed $9,451,000 and the GMP
for component C shall not exceed $12,614,514 except as adjusted as
follows:"
All other terms of the Civic Center Design Build Agreement, as modified by the First
Amendment to the Civic Center Design Build Agreement and this Second Amendment to
the Civic Center Design Build Agreement, shall remain in full force and effect.
[END OF AGREEMENT. NEXT PAGE IS SIGNATURE PAGE.]
2
J:lAllomeyIELlSAIAGREEMENTS\Civic Cemo:r Design Build Agreement second~=ttllO increase GMP,doc
Signature Page to
the Second Amendment to the
Civic Center Design Build Agreement
CITY OF CHULA VISTA
HIGHLAND PARTNERSHIP, INe.
Cheryl Cox
Mayor
J. David Gardner
ATTEST:
Ian Gill
City Clerk
Approved as to form by:
Ann Moore
City Attorney
3
l\AttomcyIELlSA\AGREEMENTS\CiviC Ce11ler Design Build Agreemelll second~':.n~11O increase GMP,doc
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECOND AMENDMENT
TO CIVIC CENTER DESIGN BUILD AGREEMENT WITH
HIGHLAND PARTNERSHIP, INC. FOR THE CIVIC CENTER
RENOVATION PROJECT TO INCREASE THE
GUARANTEED MAXIMUM PRICE FOR PHASE 3 OF THE
PROJECT BY $1,699,514 AND AUTHORIZING THE MAYOR
TO SIGN THE SECOND AMENDMENT.
WHEREAS, in July 2001, the City Council approved a master plan for the renovation of
the Civil Center; and
WHEREAS, on February 18,2003, the City Council approved a Design Build Agreement
with Highland Partnership, Inc. for the Civic Center Renovation Project ("the Project"); and
WHEREAS, pursuant to the Agreement, the Project will be constructed in three
components; Components A (Phase 1), Component B (Phase 2), and Component C (Phases 3)
and Phase 1 and 2 are substantially completed; and
WHEREAS, Phase 3 of the Project involves the renovation of the former police
department building, the demolition of the Legislative Office Building and Community
Development Building, and the construction of the additional parking and landscaped areas; and
WHEREAS, on August 3, 2004, the City Council approved the First Amendment to Civic
Center Design Build Agreement which, among other things, set the Guaranteed Maximum Price
("GMP") for Component A for an amount not to exceed $17,980,000; for Component B for an
amount not to exceed $9,451,000, and for Component C for an amount not to exceed
$10,915,000, for a total GMP of $38,346,000; and
WHEREAS, as construction of Phase 3 began, staff has encountered significant asbestos
issues and a number of other changes; and
WHEREAS, staff desires to further amend the Civic Center Design Build Agreement by
increasing the GMP for Component C (Phase 3) by $1,699,514 for a total GMP of $40,045,514
to reflect increased costs for Phase 3 of the Project; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
as follows:
1. That it approves the Second Amendment to Civic Center Design Build Agreement with
Highland Partnership, Inc. for the Civic Center Renovation Project increasing the
Guaranteed Maximum Price of Component C (Phase 3) of the Project by $1,669,514 for
a total GMP of $40,035,514.
H:\ENGlNEERIRESOS\Resos2007\12-18-07\Civic Center Phase 3 GMP Adjustment - reVi~ ~Y1t;c
Resolution No. 2007-
Page 2
2. That it authorizes the Mayor to sign the Second Amendment to Civic Center Design
Build Agreement.
Presented by
Approved as to form by
\-I~~0 d
Ann Moore
City Attorney
~cf'-
Jack Griffin
Director of Engineering and
General Services
H:\ENGINEER\RESOS\Resos2007\12-18-07\Civic Center Phase 3 GMP Adjustment - reVig' ~:l1c
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SECTION 3.50.170 OF THE
MUNICIPAL CODE AUTHORIZING THE CITY COUNCIL TO
APPROVE LOANS FROM THE CITY TO THE PUBLIC
FACILITIES DEVELOPMENT IMPACT FEE FUND MID-
YEAR
WHEREAS, Chula Vista Municipal Code section 3.50.170 authorizes the City to loan
funds to the Public Facilities Development Impact Fee fund to pay for facilities should the fund
have insufficient funds to cover the cost of said facility; and
WHEREAS, section 3.50.170 requires approval of such loans upon the adoption of the
annual City budget; and
WHEREAS, because necessary construction and/or upgrades of public facilities may be
needed mid-year, staff desires to amend section 3.50.170 so that the City Council can approve,
by resolution, a loan from the City to the Public Facilities Development Impact Fee fund mid-
year.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION I: That Section 3.50.170 of the Municipal Code be amended to read as follows:
3.50.170 Fund Loans.
Loans by the City. The City may loan funds to the fund to pay for facilities should the
fund have insufficient funds to cover the cost of said facility. Said loans, if granted, shall
be approved upon the adoption of the annual City budget, or by resolution of the City
Council if granted mid-year, and shall carry interest based on the average interest rate on
the City's Pooled Investment Portfolio at the time of the loan. A schedule for repayment
of said loans shall be established at the time they are made and approved by the Council,
with a maximum term not to exceed the life of the fund.
SECTION II: This ordinance shall take effect and be in full force thirty (30) days after its
adoption.
Presented by
Approved as to form by
Jack Griffin
Director of Engineering and General Services
,-It_.:_.J fA- /~~
Ann Moore v
City Attorney
H:\ENGrNEER\Ordinances\Ord2007\12.18-07\PFDlF Loan Ordinance revised by ec {cle~2i'~
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING A LOAN IN THE AMOUNT
OF $4,161,570 FROM THE PARKS ACQUISITION AND
DEVELOPMENT FEE FUND TO THE PUBLIC FACILITIES
DEVELOPMENT IMPACT FEE FUND AND APPROPRIATING
$1,161,570 OF THOSE LOAN PROCEEDS TO PHASE 3 OF
THE CIVIC CENTER RENOVATIONS PROJECT (CIP NO. GG-
300)
WHEREAS, Chula Vista Municipal Code section 3.50.170 authorizes the City to loan
funds to the Public Facilities Development Impact Fee (PFDIF) fund to pay for facilities should
the fund have insufficient funds to cover the cost of said facility; and
WHEREAS, section 3.50.170 requires approval of such loans upon the adoption of the
annual City budget; and
WHEREAS, because necessary construction and/or upgrades of public facilities may be
needed mid-year, the City Council approved, in a related action, the first reading of an ordinance
amending section 3.50.170 so that the City Council can approve, by resolution, a loan from the
City to the PFDIF fund mid-year; and
WHEREAS, also in a related action, the City Council approved a resolution approving
the Second Amendment to the Civic Center Design Build Agreement between the City and
Highland Partnership, Inc. increasing the Guaranteed Maximum Price for the Civic Center
Renovations Project by $1,699,514 from $38,346,000 to $40,045,514; and
WHEREAS, the City Council finds that, due to cash flow considerations within the
PFDIF, it is more fiscally prudent to authorize a loan to the PFDIF to complete the Civic Center
Renovations Project rather than seek funding from an outside source or further draw down the
balance of the PFDIF fund; and
WHEREAS, staff proposes that a loan be made to the PFDIF fund from the Parks
Acquisition and Development Fee (PAD) fund; and
WHEREAS, the loan proceeds would only be utilized to meet PFDIF obligations should
the PFDIF fund have insufficient funds to meet it's capital and debt service costs; and
WHEREAS, one of the terms of the proposed loan is that all PFDIF revenues would be
pledged to first pay back the PAD fund once the PFDIF fund's reserve fund is fully funded; and
WHEREAS, a schedule for repayment of this loan has been established and it assumes a
15-year repayment period and an interest rate of 5% (compounded annually).
H:\ENGrNEER\RESQS\Resosl007\12-1S.07\Civic Center PAD Fee loan Resolution rcvis~'2. n
Resolution No. 2007-
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it authorizes a loan in the amount of $4,161,570 from the Parks Acquisition and
Development Impact Fee Fund to the Public Facilities Development Impact Fee Fund and
appropriates $1,161,570 of those loan proceeds to Phase 3 of the Civic Center Renovations
Project (CIP No. GG-300).
Presented by
Approved as to form by
Jack Griffin
Director of Engineering and
General Services
~aJ~r
Ann Moore
City Attorney
H:\ENGrNEER\RES05\Rcsos2007\12-18-07\Civic Center PAD Fee loan Resolution reVis~h!. ~'O
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING INTEREST EARNINGS IN
THE AMOUNT OF $474,635 FROM THE CIVIC CENTER
PHASE 2 CERTIFICATES OF PARTICIPATION TO PHASE 3
OF THE CIVIC CENTER (CIP NO. GG-300) AND
AUTHORIZING THE TRANSFER OF ANY REMAINING
PROJECT FUNDS FROM CIVIC CENTER RENOVATIONS
PROJECT PHASE 1 (CIP NO. GG-139) AND PHASE 2 (CIP
NO. GG-200) TO PHASE 3 (CIP NO. GG-300)
WHEREAS, in a related action, the City Council approved the Second Amendment to
Civic Center Design Build Agreement with Highland Partnership, Inc. for the Civic Center
Renovations Project ("Project"), increasing the Guaranteed Maximum Price ("GMP") by
$1,699,514 from $38,346,000 to $40,045,514; and
WHEREAS, the total project budget for the Project increased by a total of $2,741,351,
from $50,148,000 to $52,889,351; and
WHEREAS, the City has earned interest on the bond proceeds it utilized to finance
Phase 2 of the Project and this interest has not been appropriated as of this date; and
WHEREAS, there are project funds available in Phase 1 (CIP No. GG-139) and Phase 2
(CIP No. GG-200); and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
as follows:
1. That it appropriates interest earnings in the amount of $ 474,635 from the Civic
Center Phase 2 Certificates of Participation to Phase 3 of the Civic Center (CIP No.
GG-300).
2. That it authorizes the transfer of any remaining project funds from Civic Center
Renovations Project Phase 1 (CIP No. GG-139) and Phase 2 (CIP No. GG-200) to
Phase 3 (CIP No. GG-300).
Presented by
Approved as to form by
Jack Griffin
Director of Engineering and
General Services
,-/y~ tl-. ~~Ir-
Ann Moore
City Attorney
H-\ENGINEER\RESOS\Resos:!007\ 1 ~_18.07\(,ivic Center Approprinte Interest and lI-ansf~~t=~a~nces -revised by ec,doc
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CHULA VISTA BETTER GOVERNMENT AS~
ID# 3051564
PO Box 5574 . CHULA VISTA, CA 91912
..' PJ/O';:J ColUlc,;-1 H.e.d-01
lATION PubL'C C()t'lIMe'tl
L
12/18/07
Chula Vista Mayor and Council
Chula Vista City Hall
276 4th Avenue
Chula Vista, CA 91910
Dear Honorable Mayor and Council:
We ask that the City Council take action to determine if there are conflicts of interests,
abuses of power and prosecutorial misconduct involving John Moot, Chula Vista Mayor
Cheryl Cox and the local District Attorney's office. For the reasons listed below, we are
not confident that the District Attorney's office or the City's Board of Ethics can perform
a fair and impartial investigation into these matters.
We further request that you investigate a potential conspiracy involving former Chula
Vista City Councilmember John Moot, the office of District Attorney Bonnie Dumanis,
local land developer Jim Pieri and Chula Vista Mayor Cheryl Cox to deprive Chula Vista
voters of good government by abusing their positions and power to improperly influence
and intimidate elected officials and community groups on behalf of the proposed
condominium high rise.
#1. We request that you investigate former Councilmember and attorney John
Moot's apparent violation of both City and State laws regarding his employment by
local land developer Jim Pieri.
By working for Jim Pieri and submitting a contract to the City on behalf of the
developer within one year of serving on the Chula Vista City Council, did John
Moot violate section 2.28 of the Chula Vista Municipal Code?
Also, if John Moot's prior work on the City Council got him the job for Jim Pieri,
did he violate the Fair Political Practices Act prohibition on conflicts of interest,
Government Code Section 87407, which applies to prospective employment?
Please consider the following events and information when performing your
investigation:
The following events are noted in chronological order. (Please note that all numbers in
parentheses refer to supporting materials found in the appendix.)
LIOn April 23, 1991, the Chula Vista City Council passes an ordinance amending
section 2.28.050 of chapter 2.28 relating to the Board of Ethics. (6a.)
2.28.050 Section 2 e. reads:
I
'lit
"No ex-City officer for a period of one year after leaving office or employment,
shall, for compensation, act as agent or attorney for, or otherwise represent, aty
other person by making any oral or written communication, before any City
administrative office or agency, or officer or employee thereof, if the appearance
or communication is made for the purpose of influencing administrative action,
or influencing any action or proceeding involving the issuance, amendment,
awarding, or revocation of a permit, license, grant, or contract, or the sale or
purchase of goods or property."
On May 26, 1994, John Moot is appointed to the Chula Vista City Council. (1)
1.2 On March 28,1995, John Moot votes to approve ordinance 2629 which amends
Section 2.28.050 of the Chu1a Vista Municipal Code relating to the code of ethics. (6a)
Section 2.28.050 reads:
"No member of the City Council shall be eligible, for a period of one year after
leaving office, for employment by, or be on the payroll of, or be a paid consultant
or paid contractor to the City, or to any entity controlled by the City or the City
Councilor to any entity which receives a majority of its funding from the City or
of its Controlled Entities. . . "
1.3 On June 16, 1998, John Moot votes to approve a semi-exclusive negotiating
agreement with the Chrismatt Corporation, DBA The Pieri Company, for development of
a commercial center located at the northwest corner of Third Avenue and "H" Street. Jim
Pieri is the principal owner of The Pieri Company. (4)
1.4 On June 22, 1999, John Moot votes to approve an Exclusive Negotiating
Agreement extension for the development of property at the northwest corner of Third
Avenue and 'H' Street. (4)
1.5 On June 16,2000, John Moot votes to approve a resolution of the City Council
and the Redevelopment Agency of the City ofChula Vista approving a development
agreement with Gateway, LLC for the development of a mixed-use commercial/office
project at the northwest corner of Third Avenue and H Street. (5) The agreement
guarantees that over $7.2 million in taxpayer money will go to the developer and future
development obligations.
1.6 In December of 2000, John Moot steps down from office after deciding not to run
for re-election. Moot states that he wants to spend more time at his law firm. (6)
1.7 Around September 25, 2001, John Moot signs the First Amendment to the
Disposition and Development Agreement for Pieri's Gateway Project (Phase I of
Gateway Project to provide bridge loan) as legal counsel to developer Jim Pieri. (6a) He
signed the document after being out of office for ten months- an apparent violation of
City's municipal code 2.28.050.
2
1.8 To this day, John Moot continues to represent Jim Pieri and his companies.
Over the past seven years, John Moot has been appointed to serve on multiple City L
committees while his law firm has been paid by Jim Pieri.
#2. We request that you investigate a possible conspiracy involving Jim Pieri, John
Moot and the San Diego County District Attorney's office to remove Steve
Castaneda from the ChuIa Vista City Council in order to replace his seat with
someone more likely to approve his projects.
Was the District Attorney's investigation into Steve Castaneda at the behest of Jim
Pieri, John Moot and/or local political officers?
Has the District Attorney's office violated any conflict of interest or ethics rules
during this investigation?
Please consider the following events and information when performing your
investigation:
The following events are noted in chronological order. (Please note that all numbers in
parentheses refer to supporting materials found in the appendix.)
2.1 In 2004, Jim Pieri and John Moot begin pushing the City Council to approve
Espanada Chula Vista, LLC's proposal to build a city subsidized condominium project
called Espanada, which consists of two fifteen-story towers. Pieri is so confident that the
project will be approved that he begins taking deposits for condos before his company
presents the project to the City Council for approval. Chula Vista Elementary School
Board Member Cheryl Cox and her husband, County Supervisor Greg Cox, put down a
deposit for a townhouse unit in the project. (10)
2.2 The proposed Espanada project was heavily opposed by local residents
(13,14,16).
2.3 In November of 2005, Jim Pieri and John Moot hold a discussion with Mayor
Padilla during which they inform him that they are going to dig up dirt on
Councilmember Steve Castaneda.
2.4 On December 13, 2005, the Chula Vista City Council approves their General Plan
Update, which designates the proposed site for Espanada for mid-rise construction (up to
seven stories). The Espanada project had called for two IS-story towers. .
2.5 On January 3,2006, John Moot files a complaint with the Fair Political Practices
Commission (FPPC) against Steve Castaneda. The complaint alleges that Steve
Castaneda has a conflict of interest in participating in a future decision regarding the
approval ofEspanada- a project proposed by John Moot's client Jim Pieri. (26)
3
2.6 On February 22, 2006, Cheryl Cox makes an announcement that she will run for
Mayor of Chula Vista. Jim Pieri sends an email to his friends to ask them to join ~n in
supporting Cheryl Cox for Mayor. (27) Councilmember Steve Castaneda is also running
for Mayor.
2.7 On March 27, 2006, an anonymous complaint, which is similar to the January 3,
2006 complaint, is filed to the FPPC against Steve Castaneda. Moot is believed to have
sent in this complaint because he later files a public records request on June 14, 2006 to
view the results of the anonymous complaint. (28)
2.8 On March 31, 2006, the FPPC finds that there is no merit to either the January 3,
2006 or the March 27,2006 complaint filed against Steve Castaneda. (26) Even though
the FPPC finds Castaneda to be innocent of the accusations, John Moot submits the
original FPPC complaint to the Ethics Commission again.
2.9 In April of 2006, Steve Castaneda omits the sale of real property (approximate
value of$25,000 income) from his economic interest disclosure form. The sale of the
property had been finalized in late December of 2005 at the end of the required reporting
period. Castaneda's form disclosed ownership of the property and the loan taken out to
purchase the property. Upon learning of the omission, Castaneda amends the form three
weeks after submitting the original form to the City. (31)
2.10 On May 19, 2006, John Moot hosts a fundraiser for Cheryl Cox's campaign for
Mayor. (29) This event is believed to be the first of two fundraisers for Cheryl Cox's
campaign hosted by Moot.
2.11 In May of2006, District Attorney's Office starts investigation of Steve Castaneda
(42) regarding the renting ofan apartment and the disclosure form. The investigation
will continue for over a year despite the Attorney General exonerating Steve Castaneda
over the apartment issue on August 25,2006. (60)
2.12 On June 6, 2006, Cheryl Cox and incumbent Steve Padilla qualify for the run-off
in the Chula Vista Mayoral race. Castaneda finishes third.
2.14 On that same date, Proposition C, a local anti-eminent domain initiative, passes
with over 74% of the vote. Steve Castaneda is a big proponent of the initiative. Cheryl
Cox and Jim Pieri oppose the initiative. Despite objections from Pieri and Moot, Steve
Castaneda had actually led the fight to put the initiative on the ballot after the proponents
of the petition did not collect enough signatures to qualify the initiative for the ballot.
2.15 On June 15, 2006, the Ethics Commission sends a complaint to the FPPC and the
District Attorney's office regarding Steve Castaneda's economic interest disclosure
report.
2.16 On November 3, 2006, an article runs in the Union Tribune outlining that the
Lincoln Club of San Diego County had spent over $51,000 on Cheryl Cox's campaign
4
for Mayor. Jim Pieri is listed as having given $15,050 to the organization during Cox's
campaign. David Malcolm, who has long-standing financial ties to the Cox family,"
donated $10,160 to the Lincoln Club during Cox's campaign. (33)
2.17 On November II, 2006, Cheryl Cox wins the Mayoral election. (34)
2.18 On November 14, 2006, Jim Pieri posts a large "Congratulations Cox" banner at
his Gateway building. (35)
2.19 Cheryl Cox's husband sits on the County Board of Supervisors and represents
District One, which includes Chula Vista. County Supervisor Greg Cox has direct
control over the District Attorney's departmental budget as well as District Attorney
Bonnie Dumanis' salary.
2.20 On March 26,2007, the County District Attorney's office in Chula Vista signs a
lease for the fourth floor in Pieri's Gateway II office building. This represents the first
known monetary link between the DA's office and one of Jim Pieri's companies. (36)
2.21 On May 12, 2007, Steve Castaneda says that the DA probes are politically
motivated. Castaneda states that public integrity unit prosecutor Patrick O'Toole, long
time friend of John Moot, asked him to resign. (42)
2.22 On May 20,2007, a Union Tribune article comes out regarding the DA's Public
Integrity Unit. The Countv-wide unit has only conducted a Grand Jury investigation into
two people, both of whom were either Cheryl Cox's opponents in the Mayoral race or
worked for Cheryl Cox's opponents in the Mayoral race. (46)
2.23 In late May of2007, Patrick O'Toole continues his Grand Jury investigation into
Steve Castaneda. O'Toole is said to be dating a witness he called up to the stand, an
assistant Chula Vista City Attorney.
2.24 On June 2,2007, the Union Tribune reports that "Chula Vista spent $411,261 in
the last 14 months for outside lawyers who represented City officials questioned by the
District Attorney's newly formed Public Integrity Unit." No one is aware of the Public
Integrity Unit investigating anyone outside of Chula Vista, despite questionable activities
by multiple County officials.(64)
2.25 On July 5, 2007, Steve Castaneda pleads not guilty to 13 felony petjury charges
and two misdemeanor charges regarding his economic interest forms. Castaneda calls
this process a political witch hunt. The charges are not relevant to the original Grand
Jury investigations. (52)
2.26 On July 21, 2007, Steve Castaneda's Grand Jury transcript is released. (54) In
the transcript, O'Toole repeats several times that there was no abuse of power. He states,
"1' 11 go right out and say it - I have no evidence that Mr. Castaneda lived there for free
and then gave official benefits for doing that or anything like that."
5
2.27 In July 2007, Jim Pieri informs people at an event for the San Diego LincolJi
Club, a Republican political fundraising group, that he is 60% responsible for Steve
Castaneda's indictment. He also makes claims that his attorney, John Moot, provided
testimony to the Grand Jury as a legal witness even though he has a long history of
opposing Castaneda.
2.28 On October 3, 2007, Deputy District Attorney Patrick O'Toole refuses to release
transcripts of John Moot's Grand Jury testimony to Steve Castaneda's attorney.
2.29 On the same date, T71e Voice of San Diego, an online newspaper, reports on Brent
Wilkes' political problems prior to being involved in the Duke Cunningham scandal. (63)
The FPPC investigated Brent Wilkes' fundraising practices for County Supervisor Ron
Roberts' unsuccessful bid for San Diego Mayor in 2000. Wilkes was responsible for
collecting $10,000 for the campaign. The FPPC found that Wilkes had been "making
campaign contributions other than in one's oWl1name." The FPPC fined Wilkes $4,000
for the offenses. "The FPPC forwarded the Wilkes case, as a courtesy, to Bonnie
Dumanis, the San Diego County District Attorney. Her spokesman said the office took no
action." Despite District Attorney Bonnie Dumanis telling the Union Tribune that she
would prosecute a County Supervisor, no action was taken by her office to investigate
County Supervisor Roberts' friend, Brent Wilkes.
2.30 On October 17,2007, the City's Ethics Commission meets to discuss an ethics
complaint that had been filed against Steve Castaneda on June 15, 2006 regarding his
economic disclosure form. The Ethics Commission fails to properly notifY Steve
Castaneda about the meeting. Castaneda has already been charged with a misdemeanor
by the DA's office for the supposed offense. Castaneda's trial has not begun regarding
the matter. Michael German, who sat on the campaign ordinance committee with John
Moot, is chair of the Ethics Commission. It is apparent that the Ethics Commission is
being used as a political tool to embarrass and harass Steve Castaneda.
2.31 On October 18,2007, The Voice of San Diego, reports that County Supervisor Bill
Horn "received double reimbursements for almost $1,200 in meals and clothing" during
his 2001 election campaign. The article goes on to say that "Ian Trowbridge, a local
activist, revealed that Horn had failed to disclose $349,000 in income from his Chief of
Staff, Joan Wonsley. She gave the Supervisor -- her boss -- the money as a down
payment on a Carlsbad home he owned. At the same time, Horn had increased Wonsley's
salary 45 percent between 2000 and 2005, putting it on par with other Supervisors' Chiefs
of Staff. While County ordinances required Horn to make salary decisions regarding
Wonsley, State law also required him to disclose in annual conflict-of-interest statements
the money Wonsley had given him." (61) Despite District Attorney Bonnie Dumanis
telling the Union Tribune that she would prosecute a County Supervisor, no action has
been taken by her office. Bill Horn failed to disclose ten times the monetary income that
Steve Castaneda omitted on the same form.
6
#3. Are there conflicts of interest, which could be depriving the citizens of Chula
Vista of good government, involving Jim Pieri, John Moot, the San Diego L
County District Attorney's Office and Mayor Cheryl Cox?
Please consider the following events and information when performing your
investigation:
The following events are noted in chronological order. (Please note that all numbers in
parentheses refer to supporting materials found in the appendix.)
3.1 In 2004, Jim Pieri and John Moot begin pushing the City Council to approve
Espanada Chula Vista, LLC's proposal to build a condominium project called Espanada,
which consists of two fifteen-story towers. Pieri is so confident that the project will be
approved that he begins taking deposits for condos before his company presents the .
project to the City Council for approval. Chula Vista Elementary School Board Member
Cheryl Cox and her husband, County Supervisor Greg Cox, put down a deposit for a
townhouse unit in the project. (10)
3.2 In 2004 and 2005, Jim Pieri and John Moot actively intimidate local officials,
community groups and land owners who oppose the project.
3.3 On November 20,2004, a Union Tribune article titled "Rising downtown towers
give rise to debate in Chula Vista" reports that John Moot said, "... the apartment
complex (Edward Arms - which is situated on the proposed Espanada site) falls within
the City's redevelopment area. The City could exercise its eminent domain authority and
force the owner out." This is the first public mention of using eminent domain to move
the Espanada project along. (13)
In the same article, Franciso Flores, a homeowner whose property is situated on the
proposed Espanada site, complains that, "he is being pressured to sell." He goes on to
say that "a representative from Pieri's Mountain West real estate company has visited
him repeatedly and sent him letters..."
3.4 On December 23, 2004, another article in the Union Tribune is titled "Property
owner feels pressure to sell over proposed condo project." (14) Although Flores'
property was not located in a redevelopment area, Jim Pieri's representative, Nick Ross,
told Flores that the City would take his property through eminent domain ifhe did not
sell his land.
The City ofChula Vista's Community Development Department had sent Flores a letter
informing him that his property was in the redevelopment area. Two days later, City
officials sent him a letter saying that they had made a mistake.
3.5 Months later, a community member named Jerry Scott who had helped
Francisco Flores negotiate with Mountain West representatives is threatened by Jim
7
Pieri outside of a City Council meeting. Pieri informs Scott that "[he] shouldn't mess
with me." t.
3.6 Crossroads II, a local community group that focuses on development projects, is a
very vocal opponent of the Espanada proposal throughout the project approval process.
John Moot and Jim Pieri attempt to intimidate and discredit the opinions of Crossroads II
members throughout the process.
3.7 For example, on January 20, 2005, John Moot attends a Crossroads II meeting
where he questions the organization's right to publicly speak out against the Espanada
project. Moot also threatens to file a complaint against the group with the Secretary of
State and the Department of Corporations challenging Crossroads II's right to assemble
and organize. His attendance at the meeting is meant to intimidate and scare the
membership from speaking out against the proj ect. (15)
3.8 On the same day, John Moot follows up the meeting with a letter to Planning
Commissioner Kevin O'Neill claiming that Crossroads II is not a legitimate community
group. (15)
3.9 On March 25,2005, an OP-ED is published in The Star News titled "Attorney
wonders if all the facts are known" in which John Moot questions local community
advocate Earl Jentz' motives for funding a grassroots campaign against the Espanada
project. (16)
3.10 On October 4, 2005, Jim Pieri signs a letter given to him by Mayor Padilla which
officially withdraws the Espanada project from consideration by the Council. (18)
3.11 John Moot immediately complains that Padilla forced his client to sign the letter
without him being present.
3.12 On October 12,2005, City Manager Dave Rowlands sends a letter to Pieri
informing him that Pieri could retract his October 4, 2005 letter withdrawing the project.
(19)
3.13 On October 28, 2005, former U.S. Attorney Greg Vega of Seltzer, Caplan,
McMahon, Vitek is hired by Jim Pieri and sends a letter to the Mayor and Council on
behalf of Espanada Chula Vista, LLC. Greg Vega is a close friend of former U.S.
Attorney and current Assistant District Attorney Patrick O'Toole. (20)
3.14 In November of2005, Jim Pieri and John Moot hold a discussion with Mayor
Padilla during which they inform him that they are going to dig up dirt on
Councilmember Steve Castaneda, who has been a vocal opponent of Espanada.
3.15 On December 13,2005, the Chula Vista City Council approves the General Plan,
which designates the proposed site for Espanada for mid-rise construction (up to seven
stories). The Espanada project had called for two IS-story towers.
8
3.16 On February 22, 2006, Cheryl Cox makes an announcement that she will ntn for
Mayor of Chula Vista. Jim Pieri sends an email to his friends to ask them to join him in
supporting Cheryl Cox for Mayor. (27) Councilmember Steve Castaneda is also running
for Mayor.
3.17 On May 19,2006, John Moot hosts a fundraiser for Cheryl Cox's campaign for
Mayor. (29) This event is believed to be the first of two fundraisers for Cheryl Cox's
campaign hosted by Moot.
3.18 On June 6, 2006, Cheryl Cox and incumbent Steve Padilla qualify for the run-off
in the Chula Vista Mayoral race. Castaneda finishes third.
3.19 On that same date, Proposition C, a local anti-eminent domain initiative, passes
with over 74% of the vote. Steve Castaneda is a big proponent of the initiative. Cheryl
Cox and Jim Pieri oppose the initiative. Despite objections from Pieri and Moot, Steve
Castaneda had actually led the fight to put the initiative on the ballot after the proponents
of the petition did not collect enough signatures to qualify the initiative for the ballot.
3.20 On November 3, 2006, an article runs in the Union Tribune outlining that the
Lincoln Club of San Diego County had spent over $51,000 on Cheryl Cox's campaign
for Mayor. Jim Pieri is listed as having given $15,050 to the organization during Cox's
campaign. David Malcolm, who has long-standing financial ties to the Cox family,
donated $10,160 to the Lincoln Club during Cox's campaign. (33)
3.30 On November II, 2006, Cheryl Cox wins the Mayoral election. (34)
3.31 On November 14, 2006, Jim Pieri posts a large "Congratulations Cox" banner at
his Gateway building. (35)
3.32 Cheryl Cox's husband sits on the County Board of Supervisors and represents
District One, which includes Chula Vista. County Supervisor Greg Cox is one of
five Supervisors that have direct control over the District Attorney's departmental
budget as well as District Attorney Bonnie Dumanis' salary.
3.33 On January 9, 2007, Mayor Cox's secretary makes a note on her phone call
log that John Moot called regarding "the Urban Core [Urban Core Precise Plan] &
CVRC [Chula Vista Redevelopment Commission]". (37A)
3.34 On January 17,2007, Mayor Cox's calendar shows that she met with Jim Pieri.
(37B) For some reason information regarding this meeting was excluded from a May 9,
2007 records request. (41)
3.35 On January 23,2007, Jim Pieri holds a meeting with City staff in the Housing
Conference Room regarding Phase III of his Gateway project. Pieri tells City staff that
the District Attorney's office was requiring a pedestrian bridge between the Phase III
9
building and the Courthouse. The meeting document states, "The developer indicated
that the cost of constructing the bridge would be an important issue for Gateway aUf the
County. The construction costs are estimated at $2 million." (38) Jim Pieri plans to have
the City I County pay for the construction costs of the bridge.
3.36 On January 24, 2007, Mayor Cox's secretary makes a note on her phone caUlog
that John Moot called regarding a "Chamber Dinner". (37 A)
3.37 On the same date, John Moot called Cox again regarding a "phone call he
received from a reporter". (37 A)
3.38 The phone calls demonstrate that John Moot and Cheryl Cox confer on a regular
basis on a broad scope of topics, from the redevelopment of the urban core of Chula Vista
to alerting each other of potential questions from reporters.
3.39 On March 26, 2007, the County District Attorney's office in Chula Vista signs a
lease for the fourth floor in Pieri's Gateway II office building. This represents the first
known monetary link between the DA's office and one of Jim Pieri's companies. (37)
3.40 On May 20, 2007, a Union Tribune article comes out regarding the DA's Public
Integrity Unit. The Countv-wide unit has only conducted a Grand Jury investigation into
two people, both of whom were either Cheryl Cox's opponents in the Mayoral race or
worked for Cheryl Cox's opponents in the Mayoral race. (46)
3.41 On May 17, 2007, the Chula Vista City Attorney files a lawsuit against the City
Clerk, halting the initiative process for a petition seeking to limit building heights in
downtown Chula Vista. If approved by the voters this initiative would have affected Jim
Pieri's plans for a revised project at the Espanada site. (43)
3.42 In late May of2007, Patrick O'Toole continues his Grand Jury investigation into
Steve Castaneda. O'Toole is said to be dating a witness he called up to the stand, an
assistant Chula Vista City Attorney.
3.43 On May 20,2007, a Union Tribune article comes out regarding the DA's Public
Integrity Unit. The Countv-wide unit has only conducted a Grand Jury investigation into
two people, both of whom were either Cheryl Cox's opponents in the Mayoral race or
worked for Cheryl Cox's opponents in the Mayoral race. (46)
3.44 On June 2, 2007, the Union Tribune reports that "Chula Vista spent $411,261 in
the last 14 months for outside lawyers who represented City officials questioned by the
District Attorney's newly formed Public Integrity Unit." No one is aware of the Public
Integrity Unit investigating anyone outside of Chula Vista, despite questionable activities
by multiple County officials.(64)
10
3.45 On June 8, 2007, John Moot joins the City lawsuit against the City Clerk
regarding the building heights initiative. He is representing four high profile citizd1s in
the lawsuit, former Councilmembers Patty Davis and Patricia Chavez, former Port
Commissioner Ty Compton, and Chairman ofthe Growth Oversight Committee Kevin
O'Neill. (50)
3.46 On June 21,2007, Cheryl Cox forms an ad-hoc conunittee to look into clarif'ying
Chula Vista's campaign ordinance regarding contributions. She names John Moot as
head of the committee and appoints Ethics Commission Chair Michael German to the
committee. Meanwhile, former City Councilwoman Patty Chavez owes the City
$100,000 for violating the city's campaign contribution ordinance. John Moot's work on
the committee could exonerate Chavez by creating a chain of evidence regarding flaws in
the existing ordinance. Patty Chavez is one of the citizens that Moot is representing in
the lawsuit against the City Clerk regarding the building heights initiative.
3.47 In July, the Chula Vista City Council meets in closed session and discusses the
possible use of eminent domain in relation to the Edward Arms apartment complex,
ignoring the fact that the City Charter prohibits the City Council from exercising eminent
domain and despite the passage of the local anti-eminent domain ballot initiative,
Proposition C. Pieri needs that property to complete a land assembly for the construction
of an office building and parking garage for the District Attomey's office. (47)
3.48 On July 19, 2007, Jim Pieri meets with Cheryl Cox.
3.49 On July 26,2007, John Moot issues subpoenas to members of the building heights
initiative campaign in order to learn more about their campaign activities. (53)
3.50 In July 2007, Jim Pieri informs people at an event for the San Diego Lincoln
Club, a Republican political fundraising group, that he is 60% responsible for Steve
Castaneda's indictment. He also makes claims that his attorney, John Moot, provided
testimony to the Grand Jmy as a legal witness even though Moot has a long history of
opposing Castaneda.
3.51 On August 3,2007, John Moot is retained by a client (believed to be Pieri) to
examine whether Proposition C's Charter Amendment is in conflict with the State's
general law. (55A)
3.52 On August 14,2007, John Moot testifies at a City Council Meeting regarding the
proposed changes to the campaign contribution ordinance, even though he and Mayor
Cox are aware that he has a conflict of interest. John Moot had served on this committee
with the head of the Ethics Commission, Michael German. (57)
3.53 On September 25,2007, despite a conflict of interest, John Moot once again
testifies before the City Council regarding Chula Vista's campaign contribution
ordinance. Moot appears together with Ethics Commission and Campaign Finance Ad
Hoc Committee member Michael German and both advocate for Moot's changes to the
11
ordinance, despite those changes having been discredited at the prior meeting. (Once it
has been determined that those recommendations came from a process tainted by cdnflict
of interest, it was wrong for Michael Gennan and John Moot to advocate for the same
recommendations, and especially wrong for the Mayor to allow Moot and German to
continue to do so again at another meeting.) (58) German is also an attorney who works
for the Attorney General's office.
3.54 On October 3, 2007, Deputy District Attorney Patrick O'Toole refuses to release
transcripts of John Moot's Grand Jury testimony to Steve Castaneda's attorney.
3.55 On October 24,2007, Jim Pieri, Dan Horn and Growth Management Oversight
Committee member Kevin O'Neill are supposed to host a Lincoln Club fundraiser at Jim
Pieri's Mountain West Real Estate offices in Chula Vista. The event is cancelled due to
the fires. The flyer used to promote the event uses the City of Chula Vista's logo, which
is a violation of City law. The flyer advertises that Cheryl Cox and Councilmember John
McCann are to be the special guests at the event. The flyer also encourages people to
"playa leading role in the effort to defeat a local antidevelopment initiative and a
measure to create an elected City Attorney." (58) This use of the City Seal violates
chapter 1.08 of the Chula Vista Municipal Code.
3.56 On October 18,2007, the use of the City's logo on the Lincoln Club fundraiser
flyer had been brought to the attention of the City Attorney's office. (62)
3.57 On October 30, 2007, the City Attorney's notifies the Lincoln Club that they
are in violation of City law and asks them to remove the City logo from the flyer. (62)
The event was originally to have taken place six days before the letter from the City
Attorney was drafted.
#4. Did San Diego District Attorny Bonnie Dumanis abuse her position and
power in trying to influence the appointment process to fill a vacant Chula Vista
City Council seat? Did she also improperly use her office to investigate certain
punitive investigations as listed below?
4.1 In early December of 2005, District Attorney Bonnie Dumanis speaks with Mayor
Steve Padilla. She urges him to appoint an advisor and employee of the District
Attorney's office, Jesse Navarro, to the City Council seat being vacated by Patty Davis.
4.2 On December 18, 2005, Patricia Chavez is appointed to the Chula Vista City
Council instead of Jesse Navarro.
4.3 Later in December 2005, the District Attorney's office issues subpoenas to all
members of the City Council regarding the formation of the Chula Vista
Redevelopment Corporation. The subpoenas are issued just a few weeks after the
Mayor and City Council go against Dumanis' wishes by appointing a different
candidate, other than her choice, for City Council, than the candidate Dumanis
12
was supporting. The investigation was used against Mayor Padilla repeatedlyt
during the Mayoral race against Cheryl Cox.
4.4 On July 11, 2007 Dumanis would claim that she has "sworn off endorsing
fellow politicians" according to an article printed in the Union Tribune. In the
same article she lists multiple county officials that she would not prosecute
due to their personal relationships, including the Mayor of San Diego and the
San Diego County Sheriff. (52A) Dumanis later is quoted as saying that she
would prosecute County Supervisors.
i-
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Jl! ~11J
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, Sonny Cha'I)dler '
,
Ted Kennedy
13
I.
1. Moot is appointed 12/9/94
2. Moot votes to remove City Attorney 5126/96
3. Moot makes comments about Hispanic voters after 1996 Primary 3/26/96
4. Moot votes for Gateway ENA June 98 & Extension in 99 6/16/98 & 6/22/99
5. Moot votes for Gateway $7.5 million "agency participation" subsidy for Gateway
6/6100
6. Moot does not seek re-election - mentions 14 vote win during the November
1996 General Election 11/30100
6A. John Moot signs the first Amendment to the Disposition and Development
Agreement for Pieri's Gateway Project (Phase I of Gateway Project to provide bridge
loan) as counsel to developer Jim Pieri
By working for Jim Pieri and submitting a contract to the City on behalf of developer
within a year of serving on the Council, John Moot violated section 2.28 of the Chula
Vista Municipal Code
7. Moot chairs Chula Vista City 1 Schools Community Task Force - Moot presents
report to City and School districts 5/10103
8. Urban Development Committee is formed - Nov. 2003
9. Cox sits with Pieri on UDC
10. Cox puts down deposit on Espanada
11. Criticism of Espanada begins - 7/2/04
12. Pieri resigns from U DC - CVRC begins taking shape - 8/28/04
13. Espanada opposition grows - Francisco - 11/20/04
a. Moot speaks of eminent domain for Edward Arms
b. Francisco claims to have been visited several time
14. Flores article on being pressured to sell his property - 12/23/04
15. Pieri attacks Crossroads II in letter to Planning Commissioner O'Neil - 1/2005
16. Pieri attacks Earl Jentz in Star News Article 3/25/05
17. Jim Pieri threatens Gerald Scott at City Council meeting
18. Pieri signs letter to Padilla withdrawing Espanada Project 10/4/05
19. City Manager Rowlands' letter to Pieri saying that he could retract his letter
10/12/05
20. Greg Vega submits letter to City on behalf of Pieri - Greg has close ties with
Patrick O'Toole 11/1/05
21. Moot and Pieri tell Padilla that they were going to dig up dirt on Steve Castaneda
- may have mentioned O'Toole by name
22. Espanada fails, council supports mid-rise at location site 11/30/05
23. Dumanis contacts Padilla - She urges him to appoint Jesse Navarro to vacant
council seat
24. Patricia Chavez appointed to City Council 12/18/05
25. Subpoenas issued to City Council members from Dumanis' office regarding the
CVRC
26. FPPC complaint filed against Steve Castaneda by Moot 1/3/06
27. Castaneda and Cox enter Mayoral Race - Pieri sends out email encouraging
people to attend 2/22/06
28.Anonymous complaint against Steve Castaneda filed with FPPC (see 26) 3/27/06
28.A. DA starts investigation of Steve Castaneda (see 42)
29. Moot hosts Cox fund raiser 5/19/06
30. Sunbow condo conversion vote delayed due to possible conflict of interest
involving Steve Castaneda 4/5/06
31. Castaneda's 700 disclosure form is found to be missing $65,000 - 5/26/06
31.A. Ethics commission sends complaint to FPPC and DA's Office 6/15/06
32. Moot makes presentation before City Council concerning the City's finances
1 0/28/06
33. Lincoln club spends $50,000 on Cheryl Cox campaign. Pieri, David Malcom,
and Harvey Souza make $10,000+ donations to Lincoln club 11/3/06
34. Cheryl Cox wins Mayoral Election - 11/11/06
35. Pieri puts up Congratulations Cox banner at Gateway 11/14/06
36. Grand Jury investigation into Steve Castaneda begins
37. On November 23, County DA's office signs lease 4th floor in Pieri's Gateway II
office building
37A. John Moot's phone records with Cheryl regarding the UCSP, CVRC, Chamber
Dinner and a phone call that he received from a reporter. January 9th and 24th of
2007
378. On January 17, 2007 Jim Pieri meets with Cheryl Cox
38. Pieri holds meeting with city staff in Housing Conference Room. - makes
mention of having talks with CV School District (this while moot is on the school
ad hoc committee) and brings up the cost of the $2 million bridge "Cost of
constructing the bridge would be an important issue for Gateway and the County
39.
40. City Council votes to take themselves off the CVRC - reduces accountability for
CVRC actions 4/18/07
41. Public Records Request submitted by Jackie Lancaster - asks city to disclose
communication between local land developers and City Staff/Officials. 5/9/07
42. Steve Castaneda says DA probes are politically motivated 5/12/07
43. City Attorney files lawsuit against City Clerk, halting the initiative process for the
General Plan Protection Initiative 5/17/07
44. DA says they will move office in July to Pieri's building across the street. 5/17/07
45. City Clerk Susan Bigelow informs Charles Ulrich and Norma Cazares the City
Attorney Petition is insufficient 5/18/07
46. Article on Public Integrity Unit 5/20/07
47. Closed Door Discussion of use of eminent domain in relation to the Edward Arms
apartments
48. O'Toole is dating witness Elizabeth Hull, a deputy City Attorney
49. City pays over 450,000 in Lawyer fees for Grand Jury Investigations 6/2/07
50. Moot joins City's lawsuit against the City Clerk. Patty Davis, Patricia Chavez,
Kevin O'Neil and Ty Compton are plaintiffs 6/08/07
51. Cox puts together AD HOC Campaign Finance Committee. Names Moot as
head of committee. Patty Chavez forced to pay $100,000 for violating city's
campaign finance rules. 6/21/07
52. Steve Castaneda pleads not guilty to 15 charges - 13 felony, 2 misdemeanors.
52A. Dumanis claims that she does not endorse politicians. She says that she is
one of three virtuous people in public office in San Diego County.
53. Moot uses lawsuit with City to subpoena members of the GPPI campaign in order
to learn about campaign progress/activities 7/26/07
54. Transcript of Castaneda's Grand Jury testimonies released. 7/21/07
55. Pieri tells members of the Lincoln Club that he was 60% responsible for
Castaneda's troubles
55A. On August 3, 2007, John Moot is retained by a client (believed to be Pieri) to
examine whether Proposition C's charter amendment is in conflict with the State's
general law.
56. Moot presents anonymous '06 FPPC complaint to Ethics commission to
demonstrate Castaneda's history of investigation
57. Moot testifies at City Council meeting despite conflict of interest 8/14/07
58. October 24,2007, the Lincoln Club of San Diego uses Chula Vista's Logo to
promote fundraiser for Cheryl Cox and John McCann and also to raise funds to
fight the two initiatives that are circulating.
59. Chapter 1.08 of the Chula Vista Municipal Code regarding use of the City Seal
60. Union Tribune article about the AG's office clearing Castaneda
61. Voice of Sandiego Article pertaining to Bill Horn and his failure to disclose $349,000
62. Letters to and from the City Attorney regarding use of the Chula Vista Logo
63. Voice of San Diego article regarding Brent Wilkes' and Ron Roberts
64. Union Tribune article regarding City of Chula Vistas legal fees
65. South County Courthouse space expansion background
1
MINUTES OF AN ADJOURNED SPECIAL MBETING OF THE CITY COUNCIL
OF THE cm OF CHULA VISTA
Friday, December 9, 1994
4:50 p.m.
Council CoDfetence Room
City Hall
CAU. TO ORDER
ROU. CAU..
Council P_I' Robert P. Fox, Jerry R. Riadane, Stephen C. Padilla, &Del Mayor Shirley A. Hurton.
Also Present: City Atturney, Bruce M. BooglWll: and Cily Cleric, Beveriy A. Authelet (arrived at 5:35 p.m.)
BUSINESS
Councilman Rind""" stated that they had received a 1_1' from the Mayor that was of... emergency I1IIIure which
was nolll.ted on the agenda. He asked the City Allomey if they had the authorily 10 discuss thi..
City Allomey Boogaanl stated that he W88 aboUI 10 do a research on lhat, but it ....... his 1I-..l belief that at ...
adjourned special .-ins, you ClIIUlOl do an)'lhill, which has not been noticed. Only at a regular 0" an alljoumod
teenlat _tm, can you use the _gency exception 10 bri... aomethiIlJ up off the apnda. As he waa leaving 10
nlIlOIlIclt this, the Mayor stated 10 him that she did bOt bave on inteteIJt in di~ this tOIlilJht. Thelefu.g, he
did DOt do the nlIlOIlIclt.
Mayor Horton stated thal.he would rather wail for awhile; she will deal with Ibi.later fur some specific direction.
Councilman RiIldUl:le stated thai the subjecl was of interest and ....... hoping it would be placed 011 T.....y.. agenda.
llF.1.Ii'L'TION OF A COllN('n.~uBER - Coosidetation of an appointmenl for vacanl Seat No.3 which.......
created by the election of Shirley Horton.. _yor.
The meeting waa b1med over 10 the Cily AIlomey 10 explain the term for the appointed councilmelllber.
City AlIomey Boogaard stated thai the philOllOpby of the Charter is thai when a vacancy OOOIlrS, it is 10 be fined
by appointment until the nexl general municipal election. It is a cosl saving measure. If the term i. DOl OYer, then
there is Ie be an election at that ll""etal municipal election 10 fin the l'CID&ining lime. The next general municipal
election wiD occur in March 1996 with a nino-l1lOIlIh gap when the term would he over in December. Under the
Charter language, il i. possible 10 interpret Ibis to say that Ibis appoinlmenl will I'lIll between ROW &Del the ,.,......t
municipal election occnrring in March 1996. In March, Council wiD be requited 10 have two e1ectiOPS: an election
10 fill the niD&-month segment and an election which wiD fill the foot year period.
Councilman Fox lllIbd if il were possible to declare the _I vacalll again in March 1996 and reappoint io-.I of
bavinll two e1ectiOll$.
City Attomey Jlooeaatd reoponIIed that the purpose of the Clw1er was to be a cost-!laving measure. It ..y. you
should try 10 elect your ~tativ.. as mu<>h 88 possible.
Councilman Fox stated it would not be C08t effective 10 bave two election. for the same seat.
City AlIomey Boollaard responded that il was bOt two elections for the same _. and il would he very C08t
eflective. First of all, it wiD be a COltIlOlidated election: a special election would be $120,000. Consolidated
elections are $20.000 and fur two seats, we might be at $22,000. So the second electinll would he very C08t
effective. Mr. Boogaard further stated that _dy we have a rule that if you have a ll.....nlI mu.nicipal election
If I
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Minu....
December 9, 1994
Page 2
r
or eveft a special election which i. joined with the general municipal election, it is under SIBle law considered a
special mllllicipal election. If our rule sIales that if no one gets more than 50" of the VOOlS, we bave to bave a
sPecial runoff.
Councilman Itindolle asked if Council had tbe authority to detennine the length of iIn appointment and to specify
that so that we can eliminate these ambipities and that if we come to an ae-ment to make an appo~, the
perlIOD would be appoinli>cl to March 1996. And then if there is an individual who wins the general municipal
election at that time, we couJd then appoint that individual to the be\aoee of the nine _th..
City Attorney Booaurd stated that what you are aslcing is thai !be vacancy i. seated unlil a successor qualifies.
Uncler our rul.., a succeasor willllOl qualify if the election in March cloeo not produce a clear wilmer. Do yotI WIIIl1
to ..n a special runoff election in the ..u..mooth period (our rul.. ..n. for it).
Councilman Rindone stated suppose we appoinl Person X for this v""",,cy until March 1996. TheIl we bave the
g-m municipal election in March 1996, and we don't bave a ~ty wo.-.
City Attorney Boogaard atated that your appoinleo will conlinue to ..,tve until the results of a special runoff election.
This i. what our C'Iwl<>r call. fur. Some people feel that this appoint_t will nut until December 1996. It will
DOt; it will nut unlil March 1996 unIeas there is IlOl a clear wilmer. However, if there is nol a clear winDer in
March 1996, you will be tieing a special runoff election tequirellHllll- By the time you ..n a opecial runoff
election, it is going to take 109 days. It will put you within six months of the e1ectiDll. There will be two electiDDll
beld simultaneously: one for a nine month term and one for a four year lenD. You can run for either or both. 'The
appoinkle will serve until March 1996 or until a successor qualifies fur office.
Councilman Rindooe wed if this necessitated an election. I. there any way to avoid baving two electiolJll ntber f'
than a C'Iwl<>r change?
Cily Attorney Boogaard replied no. In March 1996, there will be two elections. Election No. I will be for nine
months, and Blection No 2 will be for a four year period. Same person could win both e1eclions. We should
end_or to do is to have a Charter change on the March 1996 ballot thai will avoid the ~ of baviDg
to call special runoff elections. He will process this in !be normal CO\ItIItl of charter cb8ll&"". Mr. Boopard stated
thai when we debeled the special runoff electioo rule, be had suggeali>cl thai in a special election you should go with
jUlll the higheat vote getter, but no one agreed with him. Insteod Council oaid we want to have not jUlll a special
election, but aIao a opecial JlIII()ff election if DO one was . clear winner.
Councilman Riadooe oIIIled he still SlIppotled thai position becaUllll il would be llIl unfair advantage to the pertIOD
if they did IlOl gel . .....ority oiDee they would be seated and thai was IlOl the pWpOll8 of giving any candidate a
p."r."....lial advllltlap in llIl eleclioo. 'The suggelllion to correct thai by Charter aIIIeIIClmeol would eHm;_ thai
ambiguity and ot the 88IIIIl lime would not provide thai benefil to an individual who might gellbe bigheol vote total
but not majority in !be e1ectiD1l and could be _Ii>cl.
City AIIo_y BoopanI stated the best _y to correct this problem woukl be to eliminate !be special runoff election
rule, bul Council _018 to be saying that you w"u1d like il to remain.
CounciItDIIl RindoIIe staIi>cl thai if you seated by the highest vole$, !bell that per80II bes a diatinct advllltlap over
the other person who is numing fur a full four year term. That is not fair; they .b"u1d compete equally.
Councilman Fox rell thai selecting a <XllIDCiI-'>er ...... . critical decision. He felt the per80IIlIelected shouid be
able to "hil the ground running," comprehend land _ i_, unc\ersIand the budget process, and have 8OltI8
eaperience "" city-related i_.
Mayor Horton fell thiIt this W8II a fsirly young C'..ouncil in experience wilh !be ID08l-ror counci1member ouIy being
on !be Council four y-.. We have 10151 Lea Moore wbo was O(J knowledgeable. She felt we needed to look at
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Minllles
December 9, t994
Page 3
the qualifications: what do they know aboul some of the important issues in Chula Vista, how involved have they
been in the planning process, and what is their backgr<lWld in the budget p_. Above all, land use beeauao moot
of the decisiOllll that C.ouncil makes are land uoe decisions. She would find it valuable to have 80_ who would
be available 10 assist the byor; libe would lib to bave a balaoce on the C.ouoeil.
Councilman Fox aaked if we were limited to people on the list.
Mayor Hortoo respooded that we were not limited kJ the people otl the list. We are only limited to thoae who "'"
resideD.. of Chula Vista. If someone baa another IUIDIO they WlUtI kJ bring to the table, Council would consider that.
Counci.lman Rindone stated he had IlIl opportunity to experience two si_ions in trying to fill v""'lDCies. The
ColmcilliboWd make best effort and good faith to fill the vacancy by oppoi.ntment. In the put, the process woo
done by I.ooItiog al the Ii. and each C<lIIIlCilmember ......... to vote on a specified number which happened to be
three. To narrow that list down, eacb candidate bad to receive one ()I'more votes. Council can agree to vole again
and eacb member receive one .... vote. If a candidate does not receive one or mote votea, the namo ia removed
from the list. It is a pr""""" toward developing a COll8Oll8US. He felt it was important to come to a co..-sus 011
the process. It was important for everyone to stale why they v()le(\ for eacb of the candidates.
Mayor Hortou &tated in order to nall'OW the field, we should wrile down three candidatea. Then we will evaluate,
and then vote.
Councilman Padilla suggested that _ read oft' each name, and Council indicate their vole.
Mayor Hortou added that evctyone IllUst lcn<>w who their top th.... choiCOll were. Therefore, reopond to just the
lop three, Dot to eVOlyone who bad poIential.
Council...... Padilla stated be had considered this process. He bad some vety sIrong opiDiODS aa a _ of
priDcipal and phiIosopby of what the approprialeaea&. in coafonnance with the city a.-r, and utility _ of ..
appointment. ID his view, he would bope tbat the balllllco of the term wouW he &maIllIIIII that we would look for
IlIl iIldividual who coWd be a caretalter and who could hit the ground numing. ID comhination with tbat, be did not
feel tbat Council should benefit or CODvey IDY political influence to that iIldividual or their abilitiea for the futuno,
i.e. the advaaIage of incumbency. He felt tbat ooe nf the downsidee of an appointment hiotoriually ill the City of
Chula Vista waa tbat there was DO geitiDg around the &ct that no matler who you appoint, you do CODvey to an
individual the advantage of incumbency for the IlOXI. eloctlon. His pbilosophy was tbat he woWd diliaently purllIUl
candidatea for appointment and would support appointment. He would do SO with the uadentaDding tbat the
iIldividual, aa could be Iealally &tated, would verbally........ Council that they would DOl inleDd to aeek e\ection to
the _t in 1996. He would be willing to consider and to wolle with the Council 011 8IIY munber of ..,.,lj,l..... to
make IlIl appoiDtment 10 the seat, but be would only cou&ider candidates who will assure the Council that they do
not intend to aeek election to the _t when it opens in 1996.
ColmcilDlan Rindone slated he did not philOllopbically _,..,., with that. If this was a CODdition which we wanted to
IDIb on the candidates, then that &houId have been -et-l upoa prior to the interviOWll and dillW88ioJJ. with alllhe
candidates that this was the criteria for the applicatioollllll fot interViewing. Tbi8 WIS not doDe. He did not _
it as _ negative factor that someone ru... for election if they have done well. He feh this could be a pooitive factor
for the City because it will provide continuity. He felt it waa extremely important to know that you are held
acooualable. liven if it is a term that is filled by appointment, the individuallllllSl still remain accoIIIItahIe lIIIII have
to face a potential election if they do well.
Mayot Hortou stated that &Ome of the people may not have applied if this was the situatioo.
Councilman Fox stated that be did ask each candidate if they iIIlended 10 run for election should they be appoiDted.
Every candidate responded that they probably would except for one. He felt that if we w.... going to change the
rules now, then we should go througb the process &gaia.
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Minutes
December 9, 1994
Page 4
1
Mayor Hortoa slated thai the process is. unless tho Council v_ .otherwise, thai tho candidate will servo Ibroullh
March 1996 ODd then havo the optiOllIo run for oIoetion.
CoUllci1man )>adilla stated that his intent WIS not 10 begin his term Oll. tho Council with tho feeling that ho could DOl
work. with other members of the Council; however, this was hi, principal. He felt thai this Council was
inappropriate to consider the lorms ond process of this appointmool befmc tho Council officiolly had tho dilly to
carry thoso decisions out was seated.
Mayor Horton responded to Councilman Padill. thai be had the option .iDee he WIlli elected to attend the moetinas
10 voice his opinion at ony lime, but he ....ver shared anything until tho night of the Council mooting wbon he WIlli
SW<JM in. Sho took offence 10 this.
Councilman Padilla stated thai he felllhe process bad oIready begun by declarina the l/8C&I1Cy and lIlIIkinlIa dociaioo
of what the conditions of aew appointment wortl. When lie was BWOm in, IIppiicatioDs were being tabn and
reviewed, and the dale for interviews was already llClI. It was nUl appropriate for him, in his view, 10 come forward
10 _ and yo11 about tho process until such limo as he WlI8 in office. When he was talc... inlo office. he made
his views very olear. In terms of the inlflrviews. he fell thai the questions regarding I'1IIDIIinI in 1996 were lID!IWered
by all tho candidates. Ho expressed his opinion aheutthis at the time. If Councilman Fox had nUl osI:ed U-
questions, lhon he would lavo. Although be foIt that tho process was tecbaically legal, he was aabd 10 review
applications and 10 submit........ ror interview prior 10 becoming a member of the City Council. He felt I1I8hod
having 10 tako up . docisiOll. of this magnitude which he talces very seriously.
Mayor HOrlOn responded that this was why thoy accommodated him 10 givo him extra u- 10 think. about this. She
expressed thot there were four COUDoilmemhors and we could talk allout this all night. inBtead we should proceed.
Councilman Padilla stated that ho understood that tho C.o"""il had within its power 10 set ony conditions which they
liked. If il i. the decision of the majority of the Cooocil that if this was not goinr 10 he . condilion of this
appointment, then he accepted that. But he felt we should not coasider any appU"""1 who was goinr 10 run in 1996.
Couaci1man Rindooe stated that it was lWIlOuooed tbroo weeks prior 10 any torm8 heifIJ instituted. When one is
olocted, they have every right, other than tho voting right. 10 porticipate in every closed soasion or ex"""", views.
Ho and his coll.pes would havo honored. respected, and appreciated any CODIIIIODI at illY time.
M (Padilla) that Councll COtIIlider indi'ridual& for appoinlmellt for the ._nt CouneiI Sellt No.3 wIlo willp'fe
Cound1lbe __ that they do DOt llltelld to -" election ill 1""
Motion lIOCOI1ded by Councilman FoX for discussion purposes. He asked if Councilman Padilla was suggoatinl that
we lIIart over.
Cuuncilman Padilla responded that if Council would reach a COQSOIllIIJ$, il would he an _y matter 10 got hold of
tho <me individual and uk him this question. If he reaponded favOtllbly, that would he the end of the - and
Council would lave an oppointee. He was willifIJ 10 participato in the plOCOSll as 10flJ as il took 10 Iill the
~. Ho oimply stated his position lhalthi. was the ",idoline which he belioved in, and he will adhere 10
it.
Councilman Rindono stated he would vote against tho rnotioo. heca_ he helieved if th_ were tu he preconditioos,
it should lave boon iIllOOUlICed. He also believed that what they ....... doing was ill tho best public heoofit.
Counci1man Fox stated that he foil Councilman Padilla was comet. He supported hi. philooopby. He oIso fell tho
Mayor was correct. If we agl'llOl! upon those conditions, we should have had tbem beforehand.
Motion failed by the following vote:
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MiDuleS
Oocembe< 9, 1994
Page 5
A YES: Fox. Padilla
NAYS: HorIon, Rindone
***..
Council nocessed at 5:50 p.m. and reconvened at 5:57 p.m.
**...
CouncillUlll1 Padilla reilerakld his position ",prding any particular candidate. He could not support auy candidate,
based on the interviews, who he did not believe would run in 1996.
Mayor Horton responded to Councillllllll Padilla that Council had voted and that Ibis w.. a democratic pl'OCelll8. She
asked if he knew who his top tlmle candidates would be.
Councilman Padilla replied that he was not coing to 8I1pporlany candidate who did not conform to those pide1ines.
COUIICilman Rindone staled that he had every right 10 his views and opinions in the way he voted. He felt we
should make every effort to try the appointn1Cllt proceIlll and ..,. if we can get three 01 _ votes for any candidate
to fill the v_y. He suggosled thai we use a similar process used previously. If Council c~. each membet
submit up to three candidates for further consideration. Any candidate to receive further roosideration must rec:cive
ODe vote or more. Th!lll be would like to heat from his colleagues as to why they were supporting the candidates.
MS (RindonelFox) that eowh Councilmember select up to thnle amdidlltes IIDd tbeIl JtowId 2 will ODIy be
selected from those who reeeived 0IIe mle or more. Prior to votmc in Round 2, eac:h wIJI have an opporiunity
to say why the amdidate was selected for the list.
Councilman Padilla asklld City Attorney llooeallfd if. under SlICb a motion adopted. he would be required 10 submit
tlmle _. City Attomey Boogallfd replied that he would not be tllquited to submit any 1IllDI08. CouIlcilman
Padilla 8laled that he would vote on the ptOOO88 motion.
MOTION PASSED 4-0.
Bocb COlIDCilmember submitted throe names to the Cledt for Round I as follows.
Fox:
Rindone:
Horton:
Padilla:
Nick. Aeuilar. Mary Salas, Cathy Jamison
Donna Hawk, Dennis Rowley, John Ray
John Willell, John Moot, Mary Sa1as
Did not submit any names
Mayor Horton ""preosed that John Willett wasretited aud would have the time to .....ist her durin& the day. He
was extremely knowledgeable on a wide variety of issues: involved ill land use, active in pub and recreation.
kDIlw what was SOing on in the bayfraul develop......t. IIIId knowledgeable about Route 125. John Moot W88 aD
attorney, and she would like 10 have all attorney oft the Council. He was on the p1anniDg conunissioo IIIId has the
IIIIId IIIlC lNIcqround. Mary SalaS was a quick. study. She has beeJl on the planning coillmiasion. She was articulate
IIIId thinks thing. through.
Councilman Fox exprossed that Nick Aguilar was his ftumber one choice because be could "bltthe gr<llIIId J'UIlIIine, "
was a previous elected official, Ilnderstood the budget ptOOO88. involved with the Chatnbe< of Commerce, IIIId most
significantly with NAFTA related issues and national tnode. H. feltlbat Aguilat would add expertise and baIaoce
10 the Council. Mary Salas would be au important addition because she was involved with BSCA because of her
relationship with California Trade and CoIlllOetCO. She w.. a plmming commisaioner and could "bltthe fIIOIDI'l
runnillg." Cathy Jamison was 88lected because of her experience in working with the youth. As a board """"be<
of the Boys and Girl. Club, she had helped turn the IlJ"OCY around IIIId generate SOIIIl> significat1l funda fur the
agODCY. She was a membe< of the Chambe< of Commerce. He felt she could help fuster critical pattnetsbipo dial
n
Mll>Ule8
December 9, 1994
Pace 6
1
we needed to look into wilh our churd> cottmnUlily. She was a "quick stu<ly' ond would need to utilize lhose
attribule8 in order to catch up on !he IaIId ..... related decisions.
Councilman ~ offerod ooasideration to 1)oona lIaM. boca..... she was a business owner ond would add
balance to lhe CowIl:i1. She was a cettified publi" _I and bas wotbd in Ibe private sector. She WIllI
ethical, honest, and full of integrity. She bas beoo IICIive in !he Downtown Bwn- Association, and she bas
wooderful interper80lllll skiUs. Dennis Rowley WIllI an individual who bod a lot to offer the community. 101m Ray
WIll a member of the plannintl oommiasion who was very involved in the Bayfronl projecl and would serve !he
community well.
Councilman POll asked if someone received three votes in the second round, would that mean they were
automoticaUy appointed. Or would they need 10 be formally nominated?
Mayor Horton "",lied that they would not be automatically appointed.
CoulIcilman ll.indone SIIggeated that every.- vote again with three votes to _ if there was any chanse, and willi
Councilman PadUla to see if be has Jiv... any thoughts to lbin,:s thai bave been said.
Mayor Horton asked if COIllICilman Padilla had any ronun<IlIS.
COlUlcilman Padilla stated lhal if Mr. Ray would confinu hi. iatentionnol to seelt election in 1996, then he was the
only <JOe he could coDSider. Ii was a matter of principal. As l8r as the olhers, he would have 10 stick to bin
principal.
Each councilll.....bt,{ submitted three JllUJIOIl to the Clerk fur Round 2. as follows:
Fox:
~:
Horton:
Padilla:
Mary Salas, Jolin MooI, Nick Aguilar
Donna Ha.w., Dennis Rowley, Jolm Moot
Jolin Willell, Iohn MOOI, Mary Salas
John Ray
CoulIcil eliminated those who had nol received any votes.
Councilman Rlndooe felt we needed to try to relICh a COlI!lllIIBII8. Although Mr. Moot was not his first choice, he
was highly qualified, and be did receive ill.... votes.
MS (RindonelBorton) to otTer tile name of Jolm Moot to fiIIlbe Council vaamcy uutil Mardt 19M or UDtiI
we Ioa.e a ..- who quaJlfies.
ClllIIlCUIIIlIII Fox suggeated that CowIl:iImaD Padilla consider participation. He ll1ldentood his priocipal, but we are
at the point where a decision wiD he made and the situation does invite hi. participation. He - part of the
process.
Councilman PadUla stated that this was DOl a matter of like or dislike, there were a number of candidates which he
know persoaaI1y thai were well qualified. He would participate if it were nol fur the ~ which he had
already made, he could lIUppOrt any one of them. It was DOl a q-'on of willinS- to participate or to be a -
player. This was a matter of principe!. He has taken a pusition in l'Oll"rds to the ~I which was a
reasonable one which bas beoo logically tbou*htlhtouah.
Motion failed by tile followine vole:
AYES: FOll, llindone
NAYS: Padilla, Bortoll
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Minule8
Deeember 9, 1994
Page 7
MS (Horton/Fox) to offer the IlIlIIIe of Mary Salas.
Councilman Riodone stated Ms. Sal.. WlIll bigbly qualified and he respecled ber a lfteal deal. He made the motiOll
fot Mr. Moot because it appeared that be bad tbtee vole8 and it bad been indicaled to him that Mr. Moot bad the
bighest respect, intellect, tenacity and wotlc ethic to do Ibe job. It w... incul:obent upon Council 10 gel on wilb Ibe
businells of the City and he would 8IIJlPOtl Ibe nomiDatioo of Ms. Sal....
Motion faUed by the following 1'01e:
AYES: Il.indooe, Hortoll
NAYS: Fox, Padilla
CoUllcilman Fox staled he was inlere8ted in ...looting the best. AIlboullb be felt Mary Salas' qualifications were
superior ""Jl"Cially since one of her primaty jobs was to implement economic development stnlellY would have been
sianificantto Ibe City. He felt we should not eliminale some of the other caodidates without delibetatiOll which
includes 10hn Moot.
Councilman Riodooe stated that both Salas and Moot were ellcellent candidale8. However, neither were in biB lop
three choiceo. He telt he had gone as far as he could. It was up to the others to make a movement. To bteaIt the
deadlock, he recomme<lded .. compromise candidate.
M (Rindone) m offer Ms. Hawk as a <lmdidatL The "".tion died lor Iacl< of a seroncI.
MS (FoxlHorton) m offer John Moot as a ClIIlditlate. Motion carried as lollows:
A YES: Fox, Riodone, Horton
NAYS: Padilla
Councilman Fox suggested that we make an attempt to make the choice an unanimous choice of this Council.
Councilman Padilla staled that reeo/!lli2illg that the Council bad nuode its decision clear, and he bad made bis
opiniOllS clear and bad recorded bis vole on that basis. As a matter of respeet of the decision of the majority and
.. an extension of his willinllJleSS to prove to Mr. Moot that this was oot a sole deci.iOll apinst him in IIIIY way,
be would off.,.. his SUppOrt of Mr. Moot to IIIllke the declsiOll of the City Co-.il UIIlIDimous.
A YES: Fox, PadUla, Rindo.... Horton
NAYS: None
The meeting adjourned al 6:40 p.m.
Respectfully submitled,
~UlO C (2-dU
Beverly A:1utbe1el, CMC
City Clerk:
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M
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!'e Lampie the'
per (Daniel
<a Vista), his
lbeeca Skanes
evil Dr. 'rerw
and mmlagee Theatre East, Ea~t
County's Performing Arts eel> ter
located in El Cajon.
For more information call
588-0205.
'st survivor to hold a
7ning for his menlol,
In Diego resi~
survivor, will
3k in Chula
"Because of
told from a
)8$ been corn~
iJ.TY of Anne
r's experience
,st, the book
ndsbip, love
ing IIile4::ause
~.m. to 4 p.m.
the WaJdan-
ay in Chula
David Faber
I characters play CV
ihool's Music
j~nt..present
(,,,,,~dy by
IliiI.<l.\.! I'A May
r.fby>81.
] at 7 p.m. in
gat Hilltop,
.<ets aTe $4 in
the door. Can
anon.
in New York
,n became the
. With music
leD Schwartz,
in time to the
tlo tJtory of the
I.. While hi.
wid a Holy
Intra) Europe,
loes not want
oops.
bere is ~mme.
,ging war, col~
olilice. To ap-
h6 join. the
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PIZZA l
1339 :
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army but then goe$ .bout staging
a revolt. Along the way. Pjppin
finds love with a wealthy young
widow.
Hilltop eenior Mnndel Cabrera
stars. &8", Pippin. Sonior Noelle
. Maaon liB the lelo\ling player
guides the audience through the
cours. of the ploy. Jo.. Vald..
pJaY$ Charlemagn. and Ste.
phanie Mauricio plnys Catherin.,
tho Jove interest.
In aU 27 student octo!". and
musicians will be featured.
Hilltop drama teacher and
''Pippin'' dirootor Kim Walsh .aid
this production is the school's
first mUftical play in tnuny yeare:.
Walsh collaborate. wit.h orches-
tra teacher Dannie Mauricio and
choral director Jim Morgan to
steil" the play.
eM loir is first
Sweetwater High School's show
PI choir. an Intematiollal Affair,
\y;. received a first plat.'e gold award
. in the sbow choir division of the
I Heritage Festival National Music
Competitions May 3 to 5 in Las
I Vegos.
I International Affair also won
tho Heritage Spirit of La. Vegas
Trophy. This award, which cli~
maxes the evening awards cere-
mony. is determined by an com-
petition adjudicators and festival
administrative staff. According to
,festival organizers, it is presented
to the on. perl"rming group that
lx.~t represents ita community
and state in musical exoenen(~e.
performance. standards and com-
petitivespirit.
The accolades were presented
following t.wo days of cQmpetj-
tions. There were more than 800
p~rt1dpants rep!-esenttng 34 mu-
sicui groups from severai ~1tateE.
~ I ~~ Up,f"~e-;Jf, ..
Boogaard-I ~
~nlinued~mp.geA: ! (~l r ;~~ (pe) (. IT"
!"''';~~''' ~ol?".,:nC11man ~. b co." to ~ ~., ,~"'- ~,,~ :..~.,~ ~J .AM
.....' _1:- .;:'rlnOU:l~e hb wrongdO"- ~ F<:imOU3 Szechwan. Mandar.;!, Chinf"<;(
.'" ",,:~ ':;'~ik.rh.g 8"'11M~ n~~ipts. ; Across ir,m DM',,'.. "..r;':;.,"
, "'ul.t!'So:18Y. Bo?saard said _ :.<; ~,;~ ... '_, or- . , .''':.
~',.':~; notcommuhlcated wH:I1.tlv;,". :. H~lAJr". mtlj!Y\i~~l" r:CUU uO GU ~ Hc.t.~1':;' i:di~; _.
, .. ,..fncp. the meeting 9.,u" '.. :!! L~ 398 C S!~(!el D C~!!h~ V~~ta:... :',..IOtlr<ot .~ ~~ e ~utu~b Ave r
~f)tiflu.e to do hi~ job untl: a _~".. _ .~, " 'w'"", -.... (It .,. ~
~~ Made.
~rm s. little ~."Ustrated that she
tnn~t provide any Ii~"iiica. It's
i' arJ. to defe~d myself against an
ambiguous 'attack/' Boogo$lrd
said.
He said h~ ",,"ed her to air the
matter during the public lle8SiOll
last week because he felt it was
the only way to protect his repu-
tation.
"]: feel I have done nothing
wrqng," Boogaard .aid. "All my
decisions were legany sound. And
if the. public ,eVer gets. to hear-
th... supposed charge. all"ilUBt
me, they will undel'lta"d that I
wa$ at all tirnes operaling in th~
best inlere$t8 of my client. the
<!ity."
HGrtoo said she and members
of council haye had prior dilleUS-
sieJns With him about hi. work re.
lation.. "But no ORe wanted to
hurt M. re('.()rd by putting it in
writing."
She said his beha,vior was irra.
Uonal and very disruptive. "I
could no looser avoid a.ddreuing
~:.~~~a~ I ,,~ye h,~dwith,
!loogaard .aid 80me of his de-
cision. have been unpopular with
her and some of tho d.".,loper
community. ~rm known to driWt.
hard bargain but thet'. my....
sponsibility. My philosophy of
lawyerin, ,. to eliminate aU .ig#
nificant ri,k. and if I can't elitn~
in.t.> it, then I haya to diocus. it
with council and .orntltil'rlea they
don't want to hear it. They view it
us negative:' he aaid.
He said the conre.t of hi. per.
sonne~ ee_;tjion iila matt.erorpriv~
acy and he: wiU not waive that
right to privacy by com:neuting
on it..
Horton said hC!J:r rel.tioolf with
Boogaard have degenerated alto;
gethe-r. WI can no longer work with
him. It'll very dyefunetional, the
r-e!ationship with the City Attor-
ney'& office," she said.
She said she placed. an item on
the agenda in January to bring
the matter up to the council but
took it off. Beog.ard. she said. re-
quested. that she anow him to
look for another job. She agreed
then to giVE him Mvers} months
to look
Horton said she de.cided to put
the item on the agenda.las.t week.
Councilman Jerry Rindone said
Tuesday that he has dlBCuBsed
with Horton het specific concerns
about Boogaard and did not filld
th()s~ to warnmt this kind of ac_
tion.
[I
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.
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i
Mean while Councilman 2,00-
phel'l PadiHa Tuesday ang:e~"ed
Horton and Ccnncilmim Jerm
IV!oDt, INh6:t1 he ti.n!lOU'tlCi>;d th<:~t he
h~d obtained
sho," H(;rton has
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.- L"--~-~---~--\Cou;ncil race$
inChula Vii'.
I are sur""
"'00" "..""."".,GfjRAL" ""',""" \.
.
la I
/uding
neyer .
geight
'tola
project
pits
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" City
Big 8peru;U~r8
i find that tnoney
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t.~~r:,AY)/IIALlIi'r" ."
T~"cttiJL~" -\~ Vot~
k. he'
an
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.- relate 'Nt
received. 'oF,..
: "1 think"it j\l~t g~,-tO ahowthrH
. j. IDtmey,,~,J191....,~t1Y ekoJ.c...ti-Q.tllli,":'......'d
," Jim C.att,fnUl. ,Whow'li6I outspent
. "".r1y 2.to-lbyoppo"."1 M.ryS..
~ las in the.#'at ,No, .. 'r,lice ''i.et man~
i aged to .g.til!ir n..dji~. ",.ny
VfJt~,8-s'sa'\M.,
NothinS, -mQl'e _:d~tJr:n.htst,r~tej
th.t ~.llttle~t""~.~p~I."g'
...yJh.l1.y"'gi!f'inI<'.~I.!\, l><n'
....Ii1l>il.'.'. iI.'.:.~.'.':...I..iiI!I..Q.iJ!..i"""lW~~..~....,.............,...'......'........ti~.
3,"""'....' ".
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were
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'Jvl,}.fH (0 [JK'T\t",
. ,THE SAN mEGO UN/()N,"r"#.rlw!/E
-
3
s
Chula Vista
""',. ,-.,
...,
In the race among s;x candidates'
Cpt Seat No.4, the two' biggest
Yhtt;',w~etters".Mary ~la.s and Jim
Caltmill, wet~ also the two biggest
s.penders.
;But Cartmill, 36, a South BaY,'
Campm; Life associate directorj'
sa,YS hif> cloor~to-door campa,.isnin..1Q
made up for his lesser arn()tlqt,<<
.'money, He raised about $12,OOOi.
compared to Salas' more thl!!.,
$20,000, i
Oulike Cartmill. who is -e. board
fllE'mber of the Sweetwater Unwq
High School District, Salas does ~
already hold lln elected offiteand
said she had. lo overcome beina: an
unknown. Salas, 48, II state ec<)+
nomic deveklpmtlllt, SpedlllJil!lt, is a
(;,(\, plarllllng nilllmissiol'l.er.
net. Moot theorized~ "You had a
very_ energetic Hispank vote wl):o
came out to the. polls to vote :for
JUan Vargas and yqted for other
Hispanics, It
How much of 2 role Pina's His-
panic s\U'name, his placement in
first position on the ballot, his illes-
sage or his religious beliefs J)layed
!;r;O'O<tofwhit:h,was hisownm:ol1ey l.ti: iittract1t'i:~rvote!r'iS' MkriQWtf.
'- aggressively . campaigned Pina said, yesterday his 15 p.er-
against Moot's"character and 'yot- cent share surprised even him.
ing record, '''How did 1 do itl" be asked. ''l'm
Few p('.()ple expected Pioa to cap- ilot atlre, I think maybe the reaSOn
ture more than a few percent. maybe Was that people can see
"No one would have expected when somebody really cares about
someone who didn't campaign to them."
get 15 percent of the vote," Moot At campaign appearanCeS, Pillil
said. "H,ld a significant percent of empha,~ized that he could bring
that gOlle to me, I think I would (:ompaasil)f1 lo the City C{)yncil. Pi.
have won.it without Ii runoff." !la, who preaches religion to In..
Moot said the results shuw how mate!;! 1:15 pan d the San Diego SldJas. who re\'~('ived 29 percent
important it is for voten to keep County jllil ministry, advO<;~ted job of the VlJU'l, l\nd Cartmill, who pr..
,~",.Jt~;:Q(,:d!l.b.Qdfi.,A~~ng"fob.,'i~i,..";~,.Lo,,,,~t.,.~-tlttij;~j{~.1 M.~ifli'~.l..' l.th~~..~1t'~fiM:
.,X~.()un~i!..lI!1(j w:h~t tll.~jr~:I';p~r.j1;n~~ ,..lea3~_~BJivl~s (,I{~~npn~.t:. , ....... .' ,j'd ()i.ht~ri!1.l'j N(lyt';n-ll~r rtlflQrI,. _ .,,\ .
is. .e.veflnougu lWI S C::a:ltui aty Dean Archibllld, il retired IloJV~.
"Anytime when you have l5per~8Y have f()t'ced him into;t runoff, oHker who <ldvnctlted for nUlla"'-'
cent of the vote going to someone .wley 1il&1p, "l.thmk it'lO reJllly illl- gt'owth, recelve<l17 percettt of~
.who.has no experience or involt'e~ ptlrtant th,t fii\~, young p(~()~lt': lik~ vOlt, followed by S<:on Dave~~
ment in th~ .city, 1 thil$. iV,~.;'~ign' Vlt~iLaet invoJved early in the r~(J- Ii fOrmer .Pl"Qle'Cl.Jtor withJO peI'~
that people need to read rtlor#}U1<!, Iltt(;';llprocefHI. .r'V~! got tubelievt' cent;rnolhadvtJoCat.e Michellr. ~
j'J'IlY att~ntioI1".more"1:(T'wh.e. '.~njg' ,.(:hatgiven an9~Wlnjty. t9;f;Ality ~1PlQla).lIlt~ ..~ .per~J'?f, lrtti.;,etl~
".PI! in their .citY,~.M~t'$li4.,.. ./:>:,.:,) . .e to' il'gU'tll\1PIx~t'ter1J. AaYaJ oo\weo.ant Ardiito .~
Moot~peculat~' tl\llt;Rin~It\I.Y g<>ing l~ /kx,k to .. in lh. with Il'per'''"L
have ridden on the' coattllJ!~.1 .'. ,IT elect''''',''
Democratic Congre.~ioJ\,,1 liJ!ndi, ,lItoot, on the ot.., h"l1<i he-,
mlteJUtlnYa~gas" ,.J ~u gr~~.I:,lj.~a"s J:iUppprt
y.arg8s'.aggreSSl yo '~m "~."'~
door~to-door in tbe s, it4l;d.
un~u<cessluJ)11 '
'~" -:;'W~"''';!Iiii
Races for,Cii.y Council
produce some surprises
Continued from 6-,1
8-'1'
4
PUBLIC HEARINGS (Continued)
The corner of Third A venue and H Street represents a unique redevelopment opportunity
that links the Third A venue downtown shopping district with the South County
Government Center and the Chula Vista Shopping Center. In order to activate this
important location and strengthen the emerging Chula Vista office and retail market,
Agency staff has been negotiating with the development team for the Gateway Chula Vista
Project since June 1998, with the adoption by the Agency Board of a ~l~IIIC1:m1Il~~m
Jli!~.QYi!'tj)J!g ~&\$jm~!!~ (SENA) with the Chrismatt Corporation. The SENA was extended
for six months in June of 1999, with Gateway Chula Vista LLC as the new development
entity, during which time the final terms of the business deal were negotiated. During the
past several months, the specifics of the Disposition and Development Agreement (DDA)
have been negotiated, including all aspects of the sale of Agency land and other terms and
conditions of the development proposal. [Community Development Director; continued
from the meeting of May 23, 2000]
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Community Development Director Salomone explained the proposed project to the Council and
audience.
ChairlMayor Horton opened the public hearing and asked if anyone from the audience wished to
speak. There was no response, and she closed the hearing.
ACTION:
ChairlMayor Horton offered the following Resolutions, headings read, texts
waived:
AGENCY RESOLUTION NO. 1671 AND COUNCIL RESOLUTION NO. 2000-
182, A JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (A)
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT AND
RELATED AGREEMENTS BETWEEN THE AGENCY AND GATEWAY
CHULA VISTA, LLC FOR THE DEVELOPMENT OF A MIXED-USED
COMMERCIAUOFFICE PROJECT AT THE NORTHWEST CORNER OF
THIRD AND H STREET; (B) MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH; (C) AUTHORIZING EXECUTION OF SAID
AGREEMENT; AND (D) APPROVING FUNDING OF THE PROJECT WITH
VARIOUS AGENCY SOURCES AND CDBG FUNDS
The motion carried (5-0).
OTHER BUSINESS
4
Agenda
-2-
June 16. 1998
4. AGENCY
RESOLUTION 1591:
APPROVING A SEMI-EXCLUSIVE NEGOTIATING AGREEMENT
WITH CHRISMATI' CORPORATION DBA THE PIERI COMPANY
FOR DEVELOPMENT OF A COMMERCIAL CENTER LOCATED AT
THE NORTHWEST CORNER OF THIRD AVENUE AND "H" STREET-
-Chrismatt has requested a Semi-Exclusive Negotiating Agreement for 6
months in order to negotiate the purchase of Agency-owned properties,
develop plans and secure financing. The area under consideration consists of
16 separate parcels including 4 properties owned by !be Agency. Staff
recommends approval of the resolution and to direct staff to extend Owner
Participation Rights within 30 days of the effective date of the agreement.
(Community Development Director)
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within
the Agency's jurisdiction that is l1J!1. all /tem on this agenda. (State law, however, generally prohibits the
Redevelopme1lt Agency from taking action on any issues ,wt included on the posted agenda.) If you wish to
address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications Form"
available in the lobby and submit it to the Secretary to the Redevelopment Age1lcy or City Clerk prior to the
meeting. Those who wish to speak, please give your lIame alld address for record purposes and fo1l6w up action.
OTHER BUSINESS
5. DIRECTOR/CITY MANAGER'S REPORTfS)
6. CHAIRIMAYOR'S REPORTfS)
7. AGENCY/COUNCIL MEMBER COMMENTS
ADJOURNMENT
The meeting will adjourn to a closed session and thence to a Special Joint Redevelopment Agency/City Council
Meeting on June 23. 1998 at 6:00 p.m.. immediately following the City Council meeting, in the City Council
Chambers.
**Ift*******
Tuesday. June 16, 1998
6:00 p.m.
(immediately following the City Council meeting)
4
Council Chambers
Public Services Building
Joint Meetine of the Redevelooment Aaencv/Citv Council of the City of Chula Vista
1. ROLL CALL:
CALL TO ORDER
Agency/Council Members Moot _' Padilla _,
Rindone _. Salas _, and Chair/Mayor Horton_
ACTION ITEMS
The Items listed in this sectUJn of the agenda are expected fo elicit substantial discussions and deUberations by
the Agency, staff, or members of the general public. The Items win be considered illdividually by the Agency
and staffrecommendatlolls may in certain cases be presented ill the altematl.e. Those who wish to speak, please
fill out a "Request to Speak" form a.a/lable in the lobby and submit It to the Secretary to the Rede.elopment
Agency or the City Clerk prior to the meeting.
2. a) COUNCIL
RESOLUTION 19048
AGENCY
RESOLUTION 1589:
b) COUNCn..
RESOLUTION 19049
AGENCY
RESOLUTION 1590:
3. a) ORDINANCE 2734:
b) ORDINANCE 2735:
ADOPTING WRITTEN RESPONSE TO WRITI'EN OBJECTION
TO THE PROPOSED AMENDMENT OF THE BAYFRONT
REDEVELOPMENT PLAN-On 6/9/98. the Counci1IAgency approved
the Environmental Impact Report for the Town Centre I1Bayfront
Redevelopment Plan Amendments; and Council approved amending the
General Plan Land Use Designation for the Tidelands Property. The
first reading to adopt ordinances approving the redevelopment plan
amendments was postponed in order to respond to written comments
protesting the determination of blight in the Bayfront project area.
Staff recommends approval of the resolutions. (Director of Community
Development)
ADOPTING WRITTEN RESPONSE TO WRITTEN OBJECTION
TO THE PROPOSED AMENDMENT OF THE TOWN CENTRE
I REDEVELOPMENT PLAN
APPROVING AND ADOPTING THE REDEVELOPMENT PLAN
AMENDMENT NO. 5 FOR THE BA YFRONT
REDEVELOPMENT PRO.JECTS--Staff recommends the ordinance
be placed on first reading. (Community Development Director)
APPROVING AND ADOPTING THE REDEVELOPMENT PLAN
AMENDMENT NO. 5 FOR THE TOWN CENTRE I
REDEVELOPMENT PROJECTS--Staff recommends the ordinance
be placed on first reading. (Community Development Director)
4
RESOLUTION NO. 159
RESOLUTION OF THE REDEVELOPMENT AG NCY OF THE CITY OF
CHULA VISTA APPROVING A SEMI-EX LUSIVE . NEGOTIATING
AGREEMENT WITH CHRISMATT CORPORATION SA THE PIERI COMPANY
REGARDING DEVELOPMENT OF A MIXED US COMMERCIAL CENTER
PROPOSED AT THE NORTHWEST CORNER 0 THIRD AVENUE AND H
STREET
WHEREAS. provisions identifying the parcel (e.g. pproxlmately 4.1/2 acres at the northwest
corner of Third Avenue and H Street within Town Centre I Project ea) and suggesting conditions of blight on
the parcel (e.g. multiple ownerships/irregularlvacant parcels, unde tfllzed, etc.).
WHEREAS, the Agency desires to redevelop the site for purpOses of eliminating blight in
accordance with the Pian; and
WHEREAS. Chrismatt Corporation dba Pieri Compa y ("Developer"), has submitted a proposal
for a mixed USe commercial development which wouid include Ag ncy-owned property; and
WHEREAS. the Developer has requested an agreem nt with the Agency for the right to negotiate
a Disposition and Development Agreement; and
Wf-:EREAS, Community Redevelopment Law require the extension of Owner Participating Rights
to tenants currently located on the site.
NOW, THEREFORE, THE REDEVELOPMENT AGE CY OF THE CITY OF CHULA VISTA does
hereby approve a Semi-Exclusive Negotiating Agreement with Ch 'smatt Corporation for the development of
a mixed use commercial development at the norihwest corner of Third Avenue and "H" Street in the form
presented.
BE IT FURTHER RESOLVED that the Chairperson f the Redevelopment Agency is authorized
to execute said agreement in a final form approved by the Agency Attorney.
BE IT FURTHER RESOLVED that Redevelopment gency staff Is hereby directed to promptly
extend Owner Participation Rights to all qualified owners, tenants, and other property interest holders at the
project site In accordance with the requirements of state law and e Town Centre I Redevelopment Plan.
,
Presented by
~~~
Chris Salomone
Community Development Director
Resolution 1591
Page 2
4
PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA.
CALIFORNIA this 16th day of June, 1998 by the following vote:
AYES:
NOES:
Members Moot. Padilla, Rindone, Salas and Chair/Mayor Horton
None
ABSENT:
None
ABSTENTIONS:
None
AIw~~/1mZM
Shlrtey Ho n
Chairman
ATTEST:
~L,- ~~
Chris Salomone
Executive Secretary
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss:
CITY OF CHULA VISTA)
I, Chris Salomone, Executive Secretary to the Redevelopment Agency of the City of Chula Vista, California 00
HEREBY CERTI FY that the foregoing is a full. true and correct copy of Resolution No. 1591 and that the same
has not been amended or repealed.
Dated: June 17, 1998
(jJ~ ~
Chris Salomone
Executive Secretary
4
MINUTES OF A JOINT MEETING OF THE REDEVELOPMENT
AGENCY/CITY COUNCIL OF THE CITY OF CHULA VISTA
Tuesday, June 16, 1998
9:22 p.m.
Council Chambers
Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT:
Agency Members: Moot, Padilla, Rindone, Salas, and Chair
Horton
ABSENT:
Agency Members: None
ALSO PRESENT:
Executive Director, David D. Rowlandsl Legal Counsel,
John M. KahenYI City Clerk, Beverly A. Autheletl and
Deputy City Clerk, Charline Long
ACTION I'rEMS
2.a) COUNCIL RESOLUTION 19048 AND AGENCY RESOLUTION 1589: ADOPTING WRI~EN
RESPONSE TO WRI~EN OBJECTION TO THE PROPOSED AMENDMENT OF THE BAYFRONT
REDEVELOPMENT PLAN - On 6/9/98, the Council/Agency approved the Environmental
Impact Report for the Town Centre I/Bayfront Redevelopment Plan Amendmentsl and
Council approved amending the General Plan Land !Jse Designation for the Tidelands
Property. The first reading to adopt ordinances approving the redevelopment plan
amendments was postponed in order to respond to written comments protesting the
determination of blight in the Bayfront project area. Staff recommends approval
of the resolutions. (Director of Community Development)
b) COUNCIL RESOLUTION 19049 AND AGENCY RESOLUTION 1590: ADOPTING WRI~EN
RESPONSE TO WRI:lTEN OBJECTION TO THE PROPOSED AMENDMENT OF THE TOWN CENTRE I
REDEVELOPMENT PLAN.
Pam Buchan, Principal Community Development Specialist, stated that a letter from
San Diego County was received which raised several objections to the Bayfront
redevelopment plan amendment. In accordance with redevelopment amendment law,
whenever there is a written objection, the City has to respond in writing.
Staff has prepared a written response to the County and is recommending that City
Council adopt and authorize staff to forward the written response to the County.
Also, to adopt and approve Ordinances 2734 and 2735.
CXIllNCIL RI!:SOI1J'.rIQIS 19048, 19049, AND AGENCY RESOLtn'IctlS 1589 AND 1590 OFFERED BY
~YOR/CBAIR HORTON, hlladings read, texts waived. Resolutions approved nn.n;~\lsly 5-0.
3.a) ORDINANCE 2734. APPROVING AND ADOPTING ~HE REDEVELOPMENT PLAN AMENDMENT NO.
5 FOR ~HE BAYFRONT REDEVELOPMENT PROJECTS - Staff recommends the ordinance be
placed on first reading. (Community Development Director)
b) ORDINANCE 2735: APPROVING AND ADOP~ING THE REDEVELOPMENT PLAN AMENDMENT NO.
5 FOR THE ~OWN CENTRE I REDEVELOPMENT PROJECTS - Staff recommends the ordinance
be placed on first reading. (Community Development Director)
ORDINANCES 2734 AND 2735 PLACED ON FIRST READING BY MEMBER MOOT, headings read,
texts waived. Resoluitons approved unanimously 5-0.
4. AGENCY RESOLUTION 1591: APPROVING A SEMI-EXCLUSIVE NEGOTIATING AGREEMENT
WITH CHRISMA:IT CORPORATION DBA THE PIERI COMPANY FOR DEVELOPMENT OF A COMMERCIAL
ROA Minutes
June 16, 1998
Page 2
4
CEN'XER LOCATED AT THE NORTHWEST CORNER OF THIRD AVENUE AND "8" STREET - Chrismatt
has requested a Semi-Exclusive Negotiating Agreement for six months in order to
negotiate the purchase of Agency-owned properties, develop plans and secure
financing. The are under consideration consists of sixteen separate parcels
including four properties owned by the Agency. Staff recommends approval of the
resolution and to direct staff to extend owner Participation Rights within 30
days of the effective date of the agreement. (Community Development Director)
Pam Buchan, Principal community Development Specialist, stated that in April,
Chrismatt Corporation approached the City staff regarding a proposal for a major
commercial project at Third Avenue and H Street. To continue negotiations with
the Agency, since there is Ageney property involved, a semi-exclusive negotiation
agreement is recommended. This agreement provides a six-month negotiating
period to set out terms for a disposition and development agreement for the
acquisition or sale of Agency property; to discuss land costs, development plans,
and property owner's participation rights. It does not commit the Agency to
approve the project. Staff advised affected property owners of the meeting and
that a semi-exclusive negotiating agreement has been developed.
MAYOR/CHAIR HORTON OFFERED RESOLUTION 1591 beading read, text waived.
Resoluiton approved unanimously 5-0.
ORAL COMMUNICATIONS
None.
OTHER BUSINESS
5. DIRECTOR/CITY MANAGER'S REPORTlSI - none.
6. CHAIR/MAYOR'S REPORTlSI - none.
7. AGENCY/COUNCIL MEMBER COMMENTS - none.
ADJOURNMENT
The maeting adjourned at 9:30 p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC/AAE, city Clerk
BY:
4
CONSENT CALENDAR (Continued)
4. AGENCY RESOLUTION 1631, APPROVING A 180-DA Y EXTENSION TO THE
CHRISMATT SEMI-EXCLUSIVE NEGOTIATING AGREEMENT FOR THE
DEVELOPMENT OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF
TlllRD AVENUE AND H STREET
On June 16, 1998, the Agency approved a Semi-Exclusive Negotiation Agreement with the
Chrismatt Corporation for the development of property located at the northwest comer of
Third Avenue and H Street. Additional time will be necessary for staff to evaluate a financial
analysis of the project and negotiate terms and conditions for a Disposition and Development
Agreement for presentation to the Agency; therefore, an extension to the Semi-Exclusive
Negotiation Agreement is requested through December 17, 1999.
Staff recommendation: The Agency adopt theresolution. (Community Development Director)
5. AGENCY RESOLUTION 1632, APPROVING A DEFERRAL AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND THE OT A Y WATER DISTRICT FOR PAYMENT
OF DEVELOPER IMPACT FEES FOR THE VETERANS HOME PROJECT AND
AUTHORIZING PAYMENT OF THE FIRST INSTALLMENT OF $26,400
On April 27, 1999, the Agency approved a resolution to reimburse the State Department of
Veterans Affairs for development impact fees imposed by the Otay Water District for the
Veterans Home Project. At that time, the staffreport outlined the need to reimburse the State
and discussed the terms and conditions ofa deferral agreement to pay the balance over a ten-
year period.
Staff recommendation: The Agency adopt the resolution.
ACTION:
Chair/Mayor Horton moved to approve staff recommendations and offered the
Consent Calendar, headings read, texts waived. The motion carried 4-0.
ORAL COMMUNICA TrONS
There were none.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
6. CONSIDERATION OF THE SALE OF SPACE 3 5 AT ORANGE TREE MOBILEHOME
PARK
AGENCY RESOLUTION 1633, AUTHORIZING THE COMMUNITY DEVELOPMENT
DIRECTOR TO EXECUTE APURCHASE CONTRACT AND RELATED DOCUMENTS
FOR SPACE 35 AT ORANGE TREE MOBILEHOME PARK
In November 1987, Orange Tree Mobilehome Park converted to resident ownership. The
Agency assisted the residents in purchasing their park. At that time, 29 residents did not wish
to purchase their spaces, and the Agency agreed to purchase them. The residents who did
not purchase their space remained as renters. The Agency's desire is to sell these spaces as
Page 2 - RDAlCouncil
d... d-.
06/22/99
4
MINUTES OF AN ADJOURNED MEETING OF THE REDEVELOPMENT AGENCY
AND THE CITY COUNCil- OF THE CITY OF CHULA VISTA, CAI.,IFORNlA
June 22, 1999
6:00 P.M.
An Adjourned Meeting of the Redevelopment Agency and the City Council ofthe City ofChula Vista
was called to order at 6:29 p.m. in the Council Chambers located in the Public SelVices Building, 276
Fourth Avenue, Chula Vista, California.
CALL TO ORDER
1. ROLL CALL:
PRESENT: Agency/Council Members Davis, Padilla, Salas and ChairlMayor Horton
ABSENT: Agency/Council Member Moot
ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney
Kaheny, Deputy City Clerk Griffin
CONSENT CALENDAR
(Items 2 - 5)
2. APPROVAL OF MINUTES of Joint Meeting of the City Council and Redevelopment
Agency of May 25, 1999
3. AGENCY RESOLUTION 1630 AND COUNCIL RESOLUTION 19504, APPROVING
THE AMENDED AND RESTATED AGREEMENT BETWEEN CITY OF CHULA
VISTA, REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, AND
CHULA VISTA BA YFRONT CONSERVANCY TRUST FOR A LEASE, LOAN, AND
OPERATING AGREEMENT FOR THE CHULA VISTA NATURE CENTER; AND
AUTHORlZlNG THE MAYOR TO EXECUTE SAID AGREEMENT
The lease, loan and operating agreement for the Chula Vista Nature Center expired on July
25, 1997. Although a committee of the Bayfront ConselVancy Trust is continuing to work
with the City Attorney to make various substantive changes to the agreement requiring
additional research and discussion, some changes have been incorporated at this time which
selVe to re-establish the terms and conditions for the relationship between the parties in regard
to the lease, loan and operation of the Chula Vista Nature Center.
Staff recommendation: The Agency/Council adopt the resolution (Nature Center Director)
,='" - (
4
RESOLUTION 1631
RESOLUTION OF THE REDEVELOPMENT A ENCY OF THE CITY
OF CHULA VISTA APPROVING A 180-DAY TENSION TO THE
CHRISMAn SEMI-EXCLUSIVE NEGOTIATIN AGREEMENT FOR
THE DEVELOPMENT OF PROPERTY L CATED AT THE
NORTHWEST CORNER OF THIRD AVENUE ND H STREET AND
APPROVING TRANSFER OF FUNDS FOR LE AL SERVICES
WHEREAS, the current semi-exclusive negotiating ag eement (SENA) with the Chrismatt
Corporation for development of approximately 4.5 acres of pro erty located at the northwest corner
of Third Avenue and H Street will expire on June 16,1999; and,
WHEREAS, Agency staff is currently evaluating a finan iai analysis prepared for the project
and is in the process of negotiating with the Chrlsmatt Corp ration terms for a disposition and
development agreement; and,
WHEREAS, due to the anticipated complexity of the te ms of said agreement, Agency staff
and the Chrismatt Corporation agree that additional time is ne essary to complete evaluations and
document preparation; and,
WHEREAS, the Chrismatt Corporation has requested a extension of the subject SENA for
1aO-days through December 17, 1999 and Agency staff concurs with the request.
WHEREAS, the Agency has an approved list of profes ionals to provide financial and legal
services on a project-by-project basis, and Straddling Yocca Ca Ison and Rauth are included on said
list.
NOW, THEREFORE, BE IT RESOLVED that the Re evelopment Agency of the City of
Chula Vista does hereby grant a 180-day extension of the subject semi-exclusive negotiating
agreement between the Redevelopment Agency and the Chris att Corporation for the development
of approximately 4.5 acres of property located a Third Avenue a d H Street.
BE IT FURTHER RESOLVED that the Redevelopmen Agency of the City of Chula Vista
does hereby authorize transfer of $19,320 from Bayfront Pro ssional Services account to Town
Centre I Professional Services account to finance legal services to be provided by Straddling Yocca
Carlson and Rauth for the Chrismatt project.
Presented by:
~ S:Q;l\A_~
Chris Salomone
Director of Community Development
4
Resolution No. 1631
Page 2 of2
PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA, CALIFORNIA this 22nd day of June, 1999 by the following vote:
AYES:
Members Davis, Salas, Padilla and ChairlMayor Horton
NOES:
ABSENT:
ABSTENTIONS:
None
Moot
None
~~Ah~ Jt;f,.w.
Shirley Hort
Chairman
ATTEST:
~h~~
Chris Salomone -
Executive Secretary
STATE OF CALIFORNIA}
COUNTY OF SAN DIEGO} ss:
CITY OF CHULA VISTA}
I, Chris Salomone, Executive Secretary to the Redevelopment Agency of the City of Chula Vista,
California DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No.
1631 and that the same has not been amended or repealed.
Dated: June 23, 1"999
~~
Chris Salomone
Executive Secretary
.' .
. i
5
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
AND A REGULAR MEETING OF THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
JUNE 6, 2000
4:00 p.m.
An Adjourned Regular Meeting of the City Council and a Regular Meeting of the
Redevelopment Agency of the City of Chula Vista were called to order by ChairlMayor Horton
at 4:40 p.m., in the Council Chambers, located in the Public Services Building, 276 Fourth
Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Agency/Council Members: Davis, Moot, Padilla, Salas, and ChairlMayor
Horton (Agency/Councilmember Salas arrived at 4:58 p.m.)
ABSENT: Agency/Council Members: None
ORAL COMMUNICATIONS
There were none.
CONSENT CALENDAR
(Items I thru 4)
ChairlMayor Horton noted that Consent Calendar Items #2 and #4 would be removed for
separate consideration.
1. APPROVAL OF MINUTES of September 21, October 5, October 12, October 19,
November 9, November 16, and November 30,1999
Staff recommendation: The Agency approve the minutes.
3. AGENCY RESOLUTION NO. 1669, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA APPROVING AN OWNER
PARTICIPATION AGREEMENT WITH THE ORTIZ CORPORATION FOR THE
DEVELOPMENT OF A GARAGElWAREHOUSE AT 788 ENERGY WAY WITHIN
THE OT A Y V ALLEY ROAD REDEVELOPMENT PROJECT AREA
The Ortiz Corporation proposes to construct a 3,533 square-foot garage/warehouse at its
existing construction yard located at 788 Energy Way, which is within the boundaries of
the Otay Valley Road Redevelopment Project Area. The building will be used for minor
repair and maintenance of vehicles and for storage. The proposed land use is allowed
under the General Plan, the Otay Valley Road Redevelopment Plan, and the Zoning
Ordinance.
Staff recommendation: The Agency adopt the Resolution.
Page 1 - Council/RDA Minutes
06/06/2000
5
CONSENT CALENDAR (Continued)
ACTION:
Chair/Mayor Horton moved to approve staff recommendations and offered
Consent Calendar Items #1 and #3, headings read, texts waived. The motion
carried 4-0, with Councilmember Salas not yet present.
2. AGENCY RESOLUTION ADOPTING NEGATIVE DECLARATION IS-oo-13,
APPROVING COASTAL DEVELOPMENT PERMIT DRC-0038, AND APPROVING
AN OWNER PARTICIPATION AGREEMENT WITH JACK-IN-THE-BOX
INCORPORATED FOR THE DEVELOPMENT OF A GAS STATION WITH
CONVENIENCE STORE AND DRIVE-THRU RESTAURANT WITHIN THE
BA YFRONT REDEVELOPMENT PROJECT AREA
Jack-in-the-Box Incorporated proposes to construct a gas station, convenience store and
drive-through restaurant at the northeast comer of Bay Boulevard and J Street, which is
within the boundaries of the Bayfront Redevelopment Project Area. The proposed land use
is allowed under the General Plan and the Bayfront Specific Plan.
Staff recommendation: The Agency adopt the Resolution.
Mayor Horton expressed concerns about the amount of trash generated by this type of business
and asked whether language could be incorporated into the permit to require the owner or lessee
to make certain the area is regularly cleaned and maintained free of trash. She also expressed
concern with the proposed project design, stating that it should fit in with what is proposed to be
one of Chula Vista's signature developments. Staff responded by detailing the design structure
and proposed signage.
Mr. Carl Hoy, representing Jack-In-The-Box Incorporated, stated that the proposed design is
different than that of a regular Jack-In-The-Box, and an effort has been made to provide a design
that conforms to the present look of the bayfront. He also asked Council to approve the proposed
signage, once final approval has been received from the Design Review Committee.
Mayor Horton asked if a freeway sign could be placed by Caltraus as an alternative to the
proposed project signage. Staff responded that the applicant believed the project would be
dependent upon its own signage. Mayor Horton stated that she could not support the proposed
type of sign on the bayfront.
Councilmember Padilla asked how critical the sign was to the success of the project. Mr. Hoy
stated that he did not wish to sacrifice approval of the project as a whole because of the signage
issues. Staff also commented that the signage would be brought back for Council consideration
once approved by the Design Review Committee.
Councilmember Salas asked about the proposed project landscaping. Staff responded that the
project will have extensive landscaping, and the provisions of the landscape plan would be
forwarded to Council.
Page 2 - CouncillRDA Minutes
June 6, 2000
5
CONSENT CALENDAR (Continued)
Deputy Mayor Moot expressed concern about the type of proposed sign at a critical intersection
on the bayfront and felt its approval could create problems over the longer term.
Councilmember Padilla stated that the City should be selective about developments in the
bayfront area and that he would oppose any pole signs along the bay front. He also said that the
project and its signage should be considered at the same time and suggested that the sign issue be
resolved and then the whole project returned for Council consideration.
Councilrnember Davis was concerned that the project might be inappropriate for the area.
ACTION:
Councilmember Padilla moved to refer the project back to staff to be considered
along with the signage. Deputy Mayor Moor seconded the motion, and it carried
5-0.
4. AGENCY RESOLUTION NO. 1670, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA ADOPTING NEGATIVE
DECLARATION IS-00-12 AND APPROVING OWNER PARTICIPATION
AGREEMENT WITH THE MAIN SQUARE CORPORATION FOR THE
DEVELOPMENT OF AN INDUSTRIAL BUILDING LOCATED AT THE
SOUTHEAST CORNER OF MAIN STREET AND FOURTH AVENUE WITHIN THE
SOUTHWEST REDEVELOPMENT PROJECT AREA
The Main Square Corporation proposes to construct a 22,640 square-foot industrial
building at the southeast comer of Main Street and Fourth Avenue, which is within the
boundaries of the Southwest Redevelopment Project Area The building will be used for
the establishment of automobile repair shops.
Mayor Horton expressed support for revitalizing the area with new development but was
concerned about the type of businesses allowed. Staff responded that the project will be well-
designed and landscaped, and there will be no parking or work performed on the street.
ACTION:
Chair/Mayor Horton offered Agency Resolution No. 1670, heading read, text
waived. The motion carried 5-0.
ORAL COMMUNICATIONS
There were none.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
5. PUBLIC HEARING TO CONSIDER ADOPTION OF A DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY
AND GATEWAY CHULA VISTA LLC FOR THE PURPOSE OF DEVELOPING A
304,000 SQUARE-FOOT MIXED OFFICE AND RETAIL DEVELOPMENT AND
1,014-SPACEPARKING STRUCTURE, ENTITLED THE GATEWAY CHULA VISTA
PROJECT, ON A l6-PARCEL SITE AT THE NORTHWEST CORNER OF THIRD
AVENUE AND H STREET IN DOWNTOWN CHULA VISTA, WITHIN THE TOWN
CENTRE I REDEVELOPMENT PROJECT AREA
Page 3 - Council/RDA Minutes
June 6, 2000
~'--"'._~~--~'--'-',-,. _.,~-~ .... ~_.__.~ ...--.-,-.---- ~"
5
PUBLIC HEARINGS (Continued)
The corner of Third Avenue and H Street represents a unique redevelopment opportunity
that links the Third Avenue downtown shopping district with the South County
Government Center and the Chula Vista Shopping Center. In order to activate this
important location and strengthen the emerging Chula Vista office and retail market,
Agency staff has been negotiating with the development team for the Gateway Chula Vista
Project since June 1998, with the adoption by the Agency Board of a Semi-Exclusive
Negotiating Agreement (SENA) with the Chrismatt Corporation. The SENA was extended
for six months in June of 1999, with Gateway Chula vista LLC as the new development
entity, during which time the fmal terms of the business deal were negotiated. During the
past several months, the specifics of the Disposition and Development Agreement (DDA)
have been negotiated, including all aspects of the sale of Agency land and other terms and
conditions of the development proposal. [Community Development Director; continued
from the meeting of May 23, 2000]
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Community Development Director Salomone explained the proposed project to the Council and
audience.
ChairlMayor Horton opened the public hearing and asked if anyone from the audience wished to
speak. There was no response, and she closed the hearing.
ACTION:
ChairlMayor Horton offered the following Resolutions, headings read, texts
waived:
AGENCY RESOLUTION NO. 1671 AND COUNCIL RESOLUTION NO. 2000-
182, A JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (A)
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT AND
RELATED AGREEMENTS BETWEEN THE AGENCY AND GATEWAY
CHULA VISTA, LLC FOR THE DEVELOPMENT OF A MIXED-USED
COMMERCIAUOFFICE PROJECT AT THE NORTHWEST CORNER OF
THIRD AND H STREET; (B) MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH; (C) AUTHORIZING EXECUTION OF SAID
AGREEMENT; AND (D) APPROVING FUNDING OF THE PROJECT WITH
VAroOUSAGENCY SOURCES AND CDBGFUNDS
The motion carried (5-0).
OTHER BUSINESS
5
OTHER BUSINESS (Continued
7. CHAIR'S REPORTS
There were none
8. AGENCY MEMBER COMMENTS
There were none
ADJOURNMENT
At 6:30 p.m., Chair/Mayor Horton adjourned the City Council to an Adjourned Regular Meeting to
be held June 12, 2000, at 6:00 p.m., and the Redevelopment Agency to an Adjourned Regular
Meeting to be held June 13th, 2000 at 6:00 p.m.
Respectfully submitted,
-;;:::::----
Lorraine Bennett, Deputy City Clerk
Page 5 - CouncilfRDA Minutes
June 6, 2000
;ouncilman caHs ex.perience rewarding I As he departsl Moot cites amph...
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6
CQuncilman calls experience rewarding I As he departs. Moot cites amphitheater as
highlight of term
[6 Edmon}
The San DIago Union - Tribune - San Diego. Cain.
Author: Amy Oakes
Date: Nov 30, 2000
Start Page: R 1
Section: LOCAL
DocumentTypes: BIOG
Text Word Count: 742
..._.__..._____._._.. ,,-.--.-...-......-.-.----.-.-...----__..__.0...-----...-
DocumentT ext
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CHULA VISTA __ The COors Amptlitheathre may seem like a success now, but several years ago, when a daveloper
proposed building the 20,000-seat venue, it raised quite a commotion.
The so-called "sex, drugs and rock 'n' roll opposition" fiercely rallied against the project, certain It would shatter the
tranquility of the community, recalls Councilman John Moot. But the city met the opposition with public forums and
discussions until most of the concerns were resolved.
And the amphitheater became a reality.
"It was one of the finest moments ofthe council," Moot said, reflecting on hiS six years as a member.
Moot leaves office Tuesday. His seat will be filled by former Councilman Jerry RIndone, who defeated challenger
Michael A. Diaz In a close November runoff.
Moot said he stepped down because he wanted to spend more time with his three sons, but he didn't rule out a return to
city government after they head off to collage. Until then, he'll devota his time to his family and return to full.time work
w\th the law firm Sullivan, Wertz, McDade and Wattace of San Diego.
nit's been a unique and rewarding experience," Moot said. "But there comes a time to move on to other things."
Moot leaves office as the city continues to grapple with population growth and potential commarclal development.
Several key projects toom, Including the private construction of the state Route 125 tollway, which would relieve traffic
congestion on the city's east side, and bay-front development, which is seen as a key to making Chula Vista a
destination point In the South County.
But Moot will take wllh him several key accomplishments -- and some touglllessons. Moot cites the amphitheater,
improvement of after-school programs, creation of a ragional power-buying pool and careful approach to the annual
budget as some of the highlights during his tenure.
Of course. there were some tense times, too,
Moot said his biggest ragret Is the division on the council after the Mng of City Attorney Bruce Boogaard in June 1996.
"It was a very difficult year to 10 months where the council was very divided on how to handle top management
decisions," Moot said.
That November, Moot narrowly won re-election. The race was so close that the winner was not known for several days.
Moot won by Jusl14 votes, despite last-minute efforts to unseat him.
Seemingly out of nowhere, retired Chuia Vista physician Ai Saiganlck pumped $49,000 of his own money Into an
independent effort to defaat Moot. Satganlck said recently that he supported Moot's opponent, Dennis Rowiey, out of
frustration with what he called Moofs arrogance.
Asked how he woutd rate Moot's past four years on council, Salganlck said, "t don't think ha's done anything."
But council membars and others teil a differant story.
COuncilwoman Patty Davis said her counteopar!, whom she sometimes referred to as "Landslide Moot" for his close
race, was very resourceful and applied his experience as an attorney to examining issues.
"I think he brought a great perspective to tha council," Davis said.
Mayor Shirley Horton said Moot could quickly synthesize information and make fair daclsions.
"He doesn't play porrtics," Horton said. "He feels obligated to do what's right for the community."
8114120072:02 PI
101'2
...._--...-....-...~._...._- ---...--
ouncilman calls experience i'ewarding I As be depalis. Moot cites amph...
6
nn:p:/lpqaSD.py.i:11l..;lHVl;;;j ,\..<U'U' OlO.LH.JH"5,_n.:n.tol <................_.". v .~ '" . _ __ ._u+-
Moot grew up in a political familYe When he was a teen-ager, he said, his father ran for mayor of Buffalo, N.Y.
"I had grown up in a family environment where publiC service and elected office were seen as good things," Moot said.
Moot served with several local organizations, including the Chula Vista Boys and Girls Club and the Eastlake Affordable
Housing task Force.
He was appointed to the council in 1994 to complete Horton's term after she was elected mayor. He had served four
years on the city's Planning Commission.
He says he has no desire to be a career politician but has told his council colleagues he's willing to offer any assistance
they request Horton has suggested that he remain the council's representative on the R13gional San Diego Power PooL
Moot says thare's more he would have liked to accomplish, but he realizes that another four years in office wouldn't
have made 8 difference.
"It's good to recognize when you've done all that you could do," he said,
[Illustration]
1 PIC; Caption: Retiring Chula Vista Councilman John Moot plans to spend more time with his sons, including Richard
(left) and Patrick. He stepped down after Six years In office.; Credit Peggy Peattie I Union-Tribune
Credit: STAFF WRITER
Reproduced with permission of the copyright owner. Further reprodllction 01' distribution is prohibited With(lut permission.
Abstract (Document Summary)
-....---. -.".-."-.......,,----., '"._.._.....,"~...-_. ..,.-. .
[John Moot] wiil take with him several key accomplishments - and some tough lessonse Moot cites the amphitheater,
improvement of after-school programs, creation of a regional power-buying pool and careful approach to tile annual
budget as some of the highlight$ during his tenure.
That November, Moot narrowly won re-election. The race was so close that the winner was not known for several days.
Moot won by just 14 votes, despite last-minute efforts 10 unseat him.
Seemingly out of nowhere, retired Chuia Vista physician AJ Salganick pumped $49,000 of his own money into an
independent effort 10 defeat Moot Salganick said recently that he supported Moot's opponent, Dennis Rowley, out of
frustration with what he called Moot's arrogancee
Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibIted without permission.
8il4/2007 2:02 PM
2012
6A
ORDINANCE NO. 2453
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS
2.28.020, 2.28.040, AND 2.28.050 OF CHAPTER 2.28 RELATING
TO THE BOARD OF ETHICS
The City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Sections 2.28.020, 2.28.040 and 2.28.050 of Chapter 2.28
of the Chula Vista Municipal Code are amended to read as follows:
Sec. 2.28.020 Application of Ordinance.
This Chapter shall apply only to members of the Chula Vista City Council,
City Manager, City Attorney, City Clerk, board members and commissioners,
as well as to ex-City officers who were subject to the Confl ict of
Interest Code.
Sec. 2.28.040 Fair and Equal Treatment.
No official subject to this Code. shall grant or make available to any
person any consideration, treatment, advantage or favor beyond that which
is the general practice to grant or make available to the public at large.
Sec. 2.28.050 Unethical Conduct.
1. General Policy. One of the highest callings is that of public
service. With that service comes a requirement to conduct oneself in
a manner above reproach, since the citizens of the community expect
and deserve a high standard of conduct and performance. This Code of
Ethics provides the following general guidel ines and specific
prohibitions to which City officials must conform in the pursuit of
their assigned duties and responsibilities.
a. All City officials should endeavor to fulfill their oblfgations
to the citizens of Chula Vista, city management and fellow
employees through respect and cooperation. They should strive to
protect and enhance the image and reputation of the City, its
elected and appointed officials, and its employees. All citizens
conducting business with the City shall be treated with courtesy,
efficiency and impartiality and none shall receive special
advantage beyond that available to any others. Officials shall
always be mindful of the public trust and confidence in the daily
exercise of their assigned duties, striving to conserve public
funds through diligent and judicious management.
6A
Ordinance No. 2453
Page 2
2.
Specific Prohibitions. City officials (including
commission, board and cOlll11ittee members) shall be considered
committed unethical conduct if any of the following occur:
a. Used one's position or title for personal gain but not found to
be an act of illegality or conflict of interest by the District
Attorney, Grand Jury or Fair Political Practices Commission.
nonpaid
to have
b. Knowingly divulge confidential information for personal gain or
for the gain of associates in a manner disloyal to the City.
c. Knowingly make false statements about members of the City Council
or other City employees that tend to di scredi t or embarrass,
those persons.
d. Used or permitted the use of City time, personnel, suppl i es,
equipment, identification cards/badges or facilities for
unapproved non-City activities, except when available to the
general public or provided for by administrative regulations.
e. No ex-City officer for a period of one year after leaving office
or employment, shall, for compensation, act as agent or attorney
for, or otherwise represent, any other person by makin~ any oral
or written communication, before any City administratlVe office
or agency, or offi cer or employee thereof, if the appearance or
communication is made for the purpose of influencing
administrative action, or influencing any action or proceeding
inVOlving the issuance, amendment, awarding, or revocation of a
permit, license, grant, or contract, or the sale or purchase of
goods or property.
f. Endorsed or recommended for compensati on any commerci al product
or service in the name of the city or in the employee I s offici al
capacity within the city without prior approval by a City Council
pol icy.
SECTIOll II: This ordinance shall take effect and be in full force on the
thirtieth day after its adoption.
Presented by
Approved as to form by
(." -7'" /.
"'-. . Y'~..c..._~...T. c.~~--.
Harrl et Ac on
Chairperson Board of Ethics
ILf'~
6A
Ordinance No. 2453
Page 3
PASSEO, APPROVED, and AOOPTED by the City Council of the City of Chula
Vista. California, this 23rd day of April, 1991, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Council members: Malcolm, Moore, Nader, Rindone
Councilmembers: None
Councilmembers: None
Councilmembers: None
~A~vu..~<=-
Leonard M. Moore
Mayor, Pro-Tempore
AITEST:
- "p .
. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN OIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista. California, do
hereby certify that the foregoing Ordinance No. 2453 had its first reading on
April 16, 1991, and its second reading and adoption at a regular meeting of
said City Council held on the 23rd day of April, 1991.
Executed this 23rd day of April. 1991.
. 7 (, /-,
G...{ /' 1-~ ('/.,.
It '1Iif, "f,' ({'. I f!.u;(J ~Ef
Beverly /I. Authelet, City Clerk
6A
ORDINANCE NO. 2629
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTION 2.28.050 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO THE CODE OF ETHICS TO PROHBIT
EMPLOYMENT OF A FORMER CITY COUNCILMEMBER FOR A
PERIOD OF ONE YEAR AFTER LEAVING OFFICE
The City Council of the City of Chula Vista does hereby ordain as follows:
SECTION I: That Section 2.28.050 of the Chula Vista Municipal Code is hereby
amended to read as follows:
See. 2.28.050 Unethical Conduct.
A. General Policy. One of the highest callings is that of public service. With that service comes a
requirement to conduct oneself in a manner above reproach. since the citizens of the community
expect and deserve a high standard of conduct and performanee. This Code of Ethics provides the
following general guidelines and specific prohibitions to which City officials must conform in the
pursuit of their assigned duties and responsibilities.
1. All City officials should endeavor to fulfill their obligations to the citizens of Chula Vista,
city management and fellow employees through respect and cooperation. They should
strive to protect and enhance the image and reputation of the City, its eleered and
appointed officials, and its employees. All citizens conducting business with the City shall
be treated with counesy, efficiency and impartiality and none shall receive special
advantage beyond that available to any others. Officials shall always be mindful of the
public trust and confidence in the daily exercise of their assigned duties, striving to conserve
public funds through diligent and judicious management.
B. Specific Prohibitions. City officials (including non-paid commission, board and committee members)
shall be considered to have committed unethical conduct if any of the following occur:
1. Used one's position or title for personal gain but not found to be an act of illegality or
conflict of interest by the District Attorney. Grand Jury or Fair Political Practices
Commission.
2. Knowingly divulge confidential information for personal gain or for the gain of associates
in a manner disloyal to the City.
3. Knowingly make false statements about members of the City Councilor other City
employees that tend to discredit or embarrass, those persons.
4. Used or permitted the use of City time, personnel. supplies, equipment. identification
cards/badges or facilities for unapproved non-City activities, except when available to the
general public or provided for by administrative regulations.
5. No ex-City officer for a period of one year after leaving office or employment, shall, for
compensation, act as agent or attorney for, or otherwise represent,. any other person by
- ------, _. ~.__...- .'- ..--.-- ----.-------.--.-
Ordinance No. 2629
Page 2
6A
making any oral or written communication. before any City administrative office or agency,
or officer or employee thereof, if the appearance or communication is made for the purpose
of influencing administrative action. or influencing any action or proceeding involving the
issuance, amendment, awarding, or revocation of a perm~t. license. grant, or contract, or
the sale or purchase of goods or property.
6. Endorsed or recommended for compensation any commercial product or service in the
name of the city or in the employee's official capacity within the city without prior approval
by a City Council policy.
7. No member of the City Council shall be eligible. for a period of one year after leaving office.
for employment by, or be on the payroll of, or be a paid consultant or paid contractor to
the City. or ro any entity controlled by the City or the City Council ('Controlled Entities"),
or to any entity which receives a majority of its funding from the City or of its Controlled
Entities, except by the permission of the Council finding on 4/Stbs vote that special
identified and articulated circumsrances exist, cast at a regular public meeting taken after
the involved member of the City Council has left office.
SECTION II: This ordinance shall take effect and be in full force on the thirtieth day
from and after its adOPtion.
presen, and ~ppro7as to form ~y
I ~f~i \ " "
Bruce M. Boogaard
City Attorney
J
6A
Ordinance No. 2629
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of March, 1995, by the following vote:
AYES:
Councilmembers:
Fox, Moot, Padilla, Horton
NOES:
Councilmembers:
None
ABSENT:
Council members:
Rindone
ABSTAIN:
Councilmembers:
None
,/"/ . r'., i
Shirley H?rton, Mayor
ATTEST:
1 /-.A
,. /. fyJf-
Yi..tv.hL,p, i ( (I"./L .
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 Ordinance No. 2629 had its first reading on March 2 1, 1995, and its second
reading and adoption at a regular meeting of said City Council on the 28th day of March,
1995.
Executed this 28th day of March, 1995.
) /
/ f: :
\. "/(~t
.~~ { .f-.
Beverly . Authelet, City Clerk
4
6A
PUBLIC HEARINGS (Continued)
The corner of Third A venue and H Street represents a unique redevelopment opportunity
that links the Third Avenue downtown shopping district with the South County
Government Center and the Chula Vista Shopping Center. In order to activate this
important location and strengthen the emerging Chula Vista office and retail market,
Agency staff has been negotiating with the development team for the Gateway Chula Vista
Project since June 1998, with the adoption by the Agency Board of a ~~III..:mlIl~"\~
Jli!~%!~l!tIgg ~l1~~1l1 (SENA) with the Chrismatt Corporation. The SENA was extended
for six months in June of 1999, with Gateway Chula Vista LLC as the new development
entity, during which time the fmal terms of the business deal were negotiated. During the
past several months, the specifics of the Disposition and Development Agreement (DDA)
have been negotiated, including all aspects of the sale of Agency land and other terms and
conditions of the development proposal. [Community Development Director; continued
from the meeting of May 23, 2000]
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Community Development Director Salomone explained the proposed project to the Council and
audience.
Chair/Mayor Horton opened the public hearing and asked if anyone from the audience wished to
speak. There was no response, and she closed the hearing.
ACTION:
Chair/Mayor Horton offered the following Resolutions, headings read, texts
waived:
AGENCY RESOLUTION NO. 1671 AND COUNCIL RESOLUTION NO. 2000-
182, A JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (A)
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT AND
RELATED AGREEMENTS BETWEEN THE AGENCY AND GATEWAY
CHULA VISTA, LLC FOR THE DEVELOPMENT OF A MIXED-USED
COMMERCIAUOFFlCE PROJECT AT THE NORTHWEST CORNER OF
THIRD AND H STREET; (B) MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH; (C) AUTHORIZING EXECUTION OF SAID
AGREEMENT; AND (D) APPROVING FUNDING OF THE PROJECT WITH
V ARlOUS AGENCY SOURCES AND CDBG FUNDS
The motion carried (5-0).
OTHER BUSINESS
4
6A
Agenda
-2-
June 16, 1998
4. AGENCY
RESOLUTION 1591:
APPROVING A SEMI.EXCLUSIVE NEGOTIATING AGREEMENT
WITH CHRISMATI' CORPORATION DBA THE PIERI COMPANY
FOR DEVELOPMENT OF A COMMERCIAL CENTER LOCATED AT
THE NORTHWEST CORNER OFTIDRD A VENUE AND "H" STREET-
-Chrismatt has requested a Semi-Exclusive Negotiating Agreement for 6
months in order to negotiate the purchase of Agency-owned properties,
develop plans and secure financing. The area under consideration consists of
16 separate parcels including 4 properties owned by the Agency. Staff
recommends approval of the resolution and to direct staff to extend Owner
Participation Rights within 30 days of the effective date of the agreement.
(Community Development Director)
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within
the Agency's jurisdiction that is ~ nit Item on this agenda. (State law, however, generally prohibits the
Redel'elopment Agency from taking action on any issues not included on the posted agenda.) If you wisl, to
address the Agency on such a subject, please complete the "Request to Speak Under Oral ComtnUnicatlans Form"
available in the lobby and submiJ iJ to the Secretary to the Redevelopment Agetlcy Dr City Clerk prior to the
meeting. Those who wish to speak, please give your name alld address for record purposes andfollow up act/on.
OTHER BUSINESS
5. DIRECTOR/CITY MANAGER'S REPORTIS)
6. CHAIRIMAYOR'S REPORTISl
7. AGENCY/COUNCIL MEMBER COMMENTS
AD,JOURNMENT
The meeting will adjourn to a closed session and thence to a Special Joint Redevelopment Agency/City Council
Meeting on June 23, 1998 at 6:00 p.m., immediately following the City Council meeting, In the City Council
Chambers.
**1Il*****"*
Tuesday. June 16, 1998
6:00 p.m.
(inunediately following the City Cnuncil meeting)
fJA
Council Chambers
Public Services Building
Joint Meetin2 of the Redevelooment Aeencv/Citv Council of the Citv of Chuta Vista
I. ROLL CALL:
CALL TO ORDER
Agency/Council Members Moot_. Padilla_.
Rindone _' Salas _. and Chalr/Mayor Horton_
~CTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Agency, staff, or members of the general public. The items will be considered individually by the Agency
and staffrecommendatiolls may in certain cases be presented i'l the alternative. Those who wish to speak, plea.e
fill out a "Request to Speak" form available in the lobby and submit it to the Secretary to the Redevelopment
Agency or the City Clerk prior to the meeting.
2. a) COUNCIL
RESOLUI10N 19048
AGENCY
RESOLUI10N 1589:
b) COUNen.
RESOLUI10N 19049
AGENCY
RESOLUTION 1590:
3. a) ORDINANCE Z734:
b) ORDINANCE 2735:
ADOPTING WRITTEN RESPONSE TO WRITTEN OBJECTION
TO THE PROPOSED AMENDMENT OF THE BAYFRONT
REDEVELOPMENT PLAN-On 6/9/98, the Council/Agency approved
the Environmental Impact Report for the Town Centre I/Bayfront
Redevelopment Plan Amendments; and Council approved amending the
General Plan Land Use Designation for the Tidelands Property. The
first reading to adopt ordinances approving the redevelopment plan
amendments was postpOned in order to respond to written comments
protesting the determination of blight in the Bayfront project area.
Staff recommends approval of the resolutions. (Director of Community
Development)
ADOPTING WRITTEN RESPONSE TO WRITTEN OBJECTION
TO THE PROPOSED AMENDMENT OF THE TOWN CENTRE
I REDEVELOPMENT PLAN
APPROVING AND ADOPTING THE REDEVELOPMENT PLAN
AMENDMENT NO. 5 FOR THE BA YFRONT
REDEVELOPMENT PROJECTS--Staff recommends the ordinance
be placed on first reading. (Community Development Director)
APPROVING AND ADOPTING THE REDEVELOPMENT PLAN
AMENDMENT NO. 5 FOR THE TOWN CENTRE I
REDEVELOPMENT PROJECTS--Staff recommends the ordinance
be placed on first reading. (Commuuity Development Director)
4
R~ALUTION NO, 159
RESOLUTION OF THE REDEVELOPMENT AG NCY OF THE CITY OF
CHULA VISTA APPROVING A SEMI-EX LUSIVE . NEGOTIATING
AGREEMENT WITH CHRISMATT CORPORATION SA THE PIERI COMPANY
REGARDING DEVELOPMENT OF A MIXED US COMMERCIAL CENTER
PROPOSED AT THE NORTHWEST CORNER 0 THIRD AVENUE AND H
STREET
WHEREAS, provisions identifying the parcel (e,g, pproximately 4-1/2 acres at the northwest
corner of Third Avenue and H Street within Town Centre I Project ea) and suggesting conditions of blight on
the parcel (e.g. multiple ownerships/irregular /vacant parcels. unde tlllzed, etc,).
WHEREAS, the Agency desires to redevelop the site for purposes of eliminating blight in
accordance with the Plan; and
WHEREAS, Chrismatt Corporation dba Pieri Compa y ("Developer"), has submitted a proposal
for a mixed use commercial development which would include Ag ncy-owned property; and
WHEREAS. the Developer has requested an agreem nt with the Agency for the right to negotiate
a Disposition and Development Agreement; and
WEEREAS. Community Redevelopment Law require the extension of OWner Participating Rights
to tenants currently located on the site.
NOW, THEREFORE. THE REDEVELOPMENT AGE CY OF THE CITY OF CHULA VISTA does
hereby approve a Semi-Exclusive Negotiating Agreement with Ch 'smatt Corporation for the development of
a mixed use commercial development at the northwest corner of third Avenue and "H" Street in the form
presented.
BE IT FURTHER RESOLVED that the Chairperson f the Redevelopment Agency is authorized
to execute said agreement in a finar form approved by the Agency Attorney.
BE IT FURTHER RESOLVED that Redevelopment gency staff is hereby directed to promptly
extend Owner Participation Rights to all qualified owners, tenants, and other property interest holders at the
project site In accordance with the requirements of state iaw and e Town Centre I Redeveiopment Pian.
Presented by
~~,
Chris Salomone
Community Development Director
Approve as to form by
Resolution 1591
Page 2
4
6A
PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA,
CALIFORNIA this 16th day of June, 1998 by the following vote:
AYES:
NOES:
Members Moot, Padilla, Rindone, Salas and Chair/Mayor Horton
None
ABSENT:
None
ABSTENTIONS:
None
d1/A~';1jlotZM
Shirley Ho n
Chairman
ATTEST:
~L,- ~~
Chris Salomone
Executive Secretary
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) 55:
CITY OF CHULA VISTA)
I, Chris Salomone. Executive Secretary to the Redevelopment Agency of the City of Chula Vista. Caiifornia DO
HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No. 1591 and that the same
has not been amended or repealed.
Dated: June 17, 1998
~~
Chris Salomone
Executive Secretary
6A
MINUTES OF A JOINT MEEXING OF XIlE REDEVELOPMENT
AGENCY/CIXY COUNCIL OF THE CI~Y OF CHULA VIS~A
Tuesday, June 16, 1998
9,22 p.m.
Council Chambers
Public Services Building
CALL XO ORDI!:R
1. ROLL CALL.
PRESENX.
Agency Members, Moot, Padilla, Rindone, Salas, and Chair
Horton
ABSENT.
Agency Members, None
ALSO PRESENT,
Executive Director, David D. Rowlands; Legal Counsel,
John M. Kaheny; City Clerk, Beverly A. Autheletl and
Deputy City Clerk, Charline Long
ACXION ITEMS
2. a) COUNCIL RESOLUTION 19048 AND AGENCY RESOLUTION 1589. ADOPXING WRIXTEN
RESPONSE XO WRIXXEN OBJECXION XO TilE PROPOSED AMENDMENX OF THE BAYFRONT
REDEVELOPMEN~ PLAN - On 6/9/98, the Council/Agency approved the Environmental
Impact Report for the Town Centre I/Bayfront Redevelopment plan Amendments; and
Council approved amending the General Plan Land Use Designation for the Tidelands
Property. The first reading to adopt ordinances approving the redevelopment plan
amendMents was postponed in order to respond to written comments protesting the
determination of blight in the Bayfront project area. Staff recommends approval
of the resolutions. (Director of Community Development)
b) COUNCIL RESOLUTION 19049 AND AGENCY RESOLUTION 1590. ADOPXING WRIXTEN
RESPONSE XO WRI~EN OBJECXION XC Till!: PROPOSED AMENDMENT OF XIlI!: XCWN CENTRE I
REDEVELOPMENT PLAN.
Pam Buchan, Principal Community Development Specialist, stated that a letter from
San Diego County was received which raised several objections to the Bayfront
redevelopment plan amendment. In accordance with redevelopment amendment law,
whenever there is a written objection, the City has to respond in writing.
Staff has prepared a written response to the County and is recommending that City
Council adopt and authorize staff to forward the written response to the County.
Also, to adopt and approve Ordinances 2734 and 2735.
COUNCIL RESOImICftS 19048, 19049, J\ND AGENCY RESOLU'I'Il>>IS 1589 J\ND 1590 0........... BY
Ml\toR/CBAIR HORTON, headings read, texts waived. Resolutions approved nnan'mnus1y 5-0.
3. a) ORDINANCE 2734, APPROVING AND ADOPTING TilE REDEVELOPMENT PLAN AMENDMENT NO.
5 FOR XHE BAYFRONT REDEVELOPMENT PROJEC~S - Staff recommends the ordinance be
placed on first reading. (Community Development Director)
b) ORDINANCB 2735' APPROVING AND ADOPTING XIlE REDEVELOPMENT PLAN AMENDMENT NO.
5 FOR TilE TOWN CENTRE I REDEVELOPMENT PROJECTS - Staff recommends the ordinance
be placed on first reading. (Community Development Director)
ORDINANCES 2734 AND 2735 PLACED ON FIRST READING BY MEMBER MOOX, headings read,
texts waived. ResoluitoDs approved unanimously 5-0.
4. AGENCY RESOLUTION 1591, APPROVING A SEMI-EXCLUSIVE NEGOXIATING AGREEMENT
WIXIl CIlRISMATT CORPORATION DBA THE PIERI COMPANY FOR DEVELOPMENT OF A COMMERCIAL
RDA Minutes
Juns 16, 1998
Palle 2
6A
CENTER LOCATED AT THE NORTHWEST CORNER OF THIRD AVENUE AND "B" STREET - chriamatt
has requested a Semi-Exclusive Nellotiatinll Agreement for six months in order to
nellotiate the purchase of Agency-owned pJ:'operties, develop plans and secure
financing. The are under consideration consists of sixteen separate parcels
including four properties owned by the Agency. Staff recommends approval of the
resolution and to direct staff to extend owner Participation Rights within 30
days of the effective date of the agreement. (Community Development Director)
Pam Buchan, Principal community Development Specialist, stated that in April,
Chrismatt Corporation approached the City staff regarding a proposal for a major
commercial project at Third Avenue and H Street. To continue negotiations with
the Agency, since there is Agency property involved, a semi-exclusive negotiation
agreement is recommended. This agreement provides a six-month negotiating
period to set out terms for a disposition and development agreement for ths
acquisition or sale of Agency property; to discuss land costs, development plans,
and property owner's participation rights. It does not commit the Agency to
approve the project. Staff advised affected property owners of the meeting and
that a semi-exclusive negotiating agreement has been developed.
MAYOR/CHAIR HORTON OFFERED RESOLUTION 1591 beading read, text waived.
Resoluiton approved unanimously 5-0.
ORAL COMMUNICATIONS
None.
OTBER BUSINESS
5. DlREC~R/CITY MANAGER'S REPORTISI - none.
6. CHAIR/MAYOR'S REPORTISI - none.
7. AGENCY/COUNCIL MEMBER COMMENTS - none.
ADJOURNMENT
The meeting adjourned at 9:30 p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC/AAE, City Clerk
BY:
6A
CONSENT CALENDAR (Continued)
4. AGENCY RESOLUTION 1631, APPROVlNG A l80-DAY EXTENSION TO THE
CHRISMATT SEMI-EXCLUSIVE NEGOTIATING AGREEMENT FOR THE
DEVELOPMENT OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF
TlllRD AVENUE AND H STREET
On June 16, 1998, the Agency approved a Semi-Exclusive Negotiation Agreement with the
Chrismatt Corporation for the development of property located at the northwest comer of
Third Avenue and H Street. Additional time will be necessary for staff to evaluate a financial
analysis ofthe project and negotiate terms and conditions for a Disposition and Development
Agreement for presentation to the Agency; therefore, an extension to the Semi-Exclusive
Negotiation Agreement is requested through December 17, 1999.
Staffrecommendation: The Agency adopt the resolution. (Community Development Director)
5. AGENCY RESOLUTION 1632, APPROVING ADEFERRALAGREEMENTBETWEEN
THE CITY OF CmJLA VISTA AND THE OT A Y WATER DISTRICT FOR PAYMENT
OF DEVELOPER IMPACT FEES FOR THE VETERANS HOME PROJECT AND
AUTHORIZING PAYMENT OF THE FIRST INST ALLMENT OF $26,400
On April 27, 1999, the Agency approved a resolution to reimburse the State Department of
Veterans Affairs for development impact fees imposed by the Otay Water District for the
Veterans Home Project. At that time, the staff report outlined the need to reimburse the State
and discussed the terms and conditions ofa deferral agreement to pay the balance over a ten-
year period.
Staff recommendation: The Agency adopt the resolution.
ACTION:
ChairlMayor Horton moved to approve staff recommendations and offered the
Consent Calendar, headings read, texts waived. The motion carried 4-0.
ORAL COMMUNICATIONS
There were none.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
6. CONSIDERATION OF THE SALE OF SPACE 35 AT ORANGE TREE MOBlLEHOME
PARK
AGENCY RESOLUTION 1633, AUTHORIZING THE COMMUNlTYDEVELOPMENT
DIRECTOR TO EXECUTE A PURCHASE CONTRACT AND RELATED DOCUMENTS
FOR SPACE 35 AT ORANGE TREE MOBILEHOME PARK
In November 1987, Orange Tree Mobilehome Park converted to resident ownership. The
Agency assisted the residents in purchasing their park. At that time, 29 residents did not wish
topurchase their spaces, and the Agency agreed to purchase them. The residents who did
not purchase their space remained as renters. The Agency's desire is to sell these spaces as
Page 2 - RDAlCouncil
,;2-.2..
06/22/99
6A
MINUTES OF AN ADJOURNED MEETING OF THE REDEVELOPMENT AGENCY
AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA
June 22, 1999
6:00 P.M.
An Adjourned Meeting of the Redevelopment Agency and the City Council ofthe City ofChula Vista
was called to order at 6:29 p.m. in the Council Chambers located in the Public Services Building, 276
Fourth Avenue, Chula Vista, California.
CALL TO ORDER
1. ROLL CALL:
PRESENT: Agency/Council Members Davis, Padilla, Salas and ChairlMayor Horton
ABSENT: Agency/Council Member Moot
ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney
Kaheny, Deputy City Clerk Griffin
CONSENT CALENDAR
(Items 2 - 5)
2. APPROVAL OF MINUTES of Joint Meeting of the City Council and Redevelopment
Agency of May 25, 1999
3. AGENCY RESOLUTION 1630 AND COUNCIL RESOLUTION 19504, APPROVING
THE AMENDED AND RESTATED AGREEMENT BETWEEN CITY OF CHULA
VISTA, REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, AND
CHULA VISTA BA YFRONT CONSERVANCY TRUST FOR A LEASE, LOAN, AND
OPERATING AGREEMENT FOR THE CHULA VISTA NATURE CENTER; AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The lease, loan and operating agreement for the Chula Vista Nature Center expired on July
25,1997. Although a committee of the Bayfront Conservancy Trust is continuing to work
with the City Attorney to make various substantive changes to the agreement requiring
additional research and discussion, some changes have been incorporated at this time which
serve to re-establish the terms and conditions for the relationship between the parties in regard
to the lease, loan and operation of the Chula Vista Nature Center.
Staff recommendation: The Agency/Council adopt the resolution (Nature Center Director)
(~- (
4
6A
RESOLUTION 1631
RESOLUTION OF THE REDEVELOPMENT A ENCY OF THE CITY
OF CHULA VISTA APPROVING A 180-DAY TENSION TO THE
CHRISMATT SEMI-EXCLUSIVE NEGOTIATIN AGREEMENT FOR
THE DEVELOPMENT OF PROPERTY L CATED AT THE
NORTHWEST CORNER OF THIRD AVENUE ND H STREET AND
APPROVING TRANSFER OF FUNDS FOR LE AL SERVICES
WHEREAS, the current semi-exclusive negotiating ag eement (SENA) with the Chrismatl
Corporation for development of approximately 4.5 acres of pro erty located at the northwest corner
of Third Avenue and H Street will expire on June 16.1999; and,
WHEREAS, Agency staff is currently evaluating a finan ial analysis prepared for the project
and is in the process of negotiating with the Chrismatt Corp ration terms for a disposition and
deveiopment agreement; and,
WHEREAS, due to the anticipated complexity of the te ms of said agreement, Agency staff
and the Chrismatl Corporation agree that additional time is ne essary to complete evaluations and
document preparation; and,
WHEREAS, the Chrismatl Corporation has requested a extension of the subject SENA for
180-days through December 17, 1999 and Agency staff concurs with the request.
WHEREAS, the Agency has an approved list of profes lonals to provide financial and legal
services on a project-by-project basis, and Straddling Yocca Ca Ison and Rauth are Included on said
list.
NOW, THEREFORE, BE IT RESOLVED that the Re evelopment Agency of the City of
Chula Vista does hereby grant a 180-day extension of the subject semi-exclusive negotiating
agreement between the Redevelopment Agency and the Chris atl Corporation for the development
of approximately 4.5 acres of property located a Third Avenue a d H Street.
BE IT FURTHER RESOLVED that the Redevelopmen Agency of the City of Chula Vista
does hereby authorize transfer of $19,320 from Bayfront Pro~ ssional Services account to Town
Centre I Professional Services account to finance legal services to be provided by Straddling Yocca
Carlson and Rauth for the Chrismatl project.
Presented by:
~ s:~~_~
Chris Salomone
Director of Community Development
4
6A
Resolution No. 1631
Page 2 of 2
PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA, CALIFORNIA this 22nd day of June, 1999 by the following vote:
AYES:
Members Davis, Salas, Padilla and ChairlMayor Horton
NOES:
None
ABSENT:
ABSTENTIONS:
Moot
None
AJAh~ Jt?fJl ~
Shirley Hart
Chairman
ATTEST:
~L~~
Chris Salomone -
Executive Secretary
STATE OF CALIFORNIA}
COUNTY OF SAN DIEGO} ss:
CITY OF CHULA VISTA}
I, Chris Salomone, Executive Secretary to the Redevelopment Agency of the City of Chula Vista,
Califomia DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No.
1631 and that the same has not been amended or repealed.
Dated: June 23, 1999
~~
Chris Salomone
Executive Secretary
.' .
5
6A
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
AND A REGULAR MEETING OF THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
JUNE 6, 2000
4:00 p.m.
An Adjourned Regular Meeting of the City Council and a Regular Meeting of the
Redevelopment Agency of the City of Chula Vista were called to order by Chair/Mayor Horton
at 4:40 p.m., in the Council Chambers, located in the Public Services Building, 276 Fourth
Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Agency/Council Members: Davis, Moot, Padilla, Salas, and Chair/Mayor .
Horton (Agency/Councilmember Salas arrived at 4:58 p.m.)
ABSENT: Agency/Council Members: None
ORAL COMMUNICATIONS
There were none.
CONSENT CALENDAR
(Items 1 thru 4)
Chair/Mayor Horton noted that Consent Calendar Items #2 and #4 would be removed for
separate consideration.
1. APPROVAL OF MINUTES of September 21, October 5, October 12, October 19,
November 9, November 16, and November 30,1999
Staff recommendation: The Agency approve the minutes.
3. AGENCY RESOLUTION NO. 1669, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA APPROVING AN OWNER
PARTICIPATION AGREEMENT WITH THE ORTIZ CORPORATION FOR THE
DEVELOPMENT OF A GARAGElWAREHOUSE AT 788 ENERGY WAY WITHIN
THE OT A Y V ALLEY ROAD REDEVELOPMENT PROJECT AREA
The Ortiz Corporation proposes to construct a 3,533 square-foot garage/warehouse at its
existing construction yard located at 788 Energy Way, which is within the boundaries of
the Otay Valley Road Redevelopment Project Area. The building will be used for minor
repair and maintenance of vehicles and for storage. The proposed land use is allowed
under the General Plan, the Otay Valley Road Redevelopment Plan, and the Zoning
Ordinance.
Staff recommendation: The Agency adopt the Resolution.
Page 1 - Council/RDA Minutes
06/06/2000
5 6A
CONSENT CALENDAR (Continued)
ACTION:
Chair/Mayor Horton moved to approve staff recommendations and offered
Consent Calendar Items #1 and #3, headings read, texts waived. The motion
carried 4-0, with Councilmember Salas not yet present.
2. AGENCY RESOLUTION ADOPTING NEGATIVE DECLARATION IS-OO-13,
APPROVING COASTAL DEVELOPMENT PERMIT DRC-0038, AND APPROVING
AN OWNER PARTICIPATION AGREEMENT WITH JACK-IN-THE-BOX
INCORPORATED FOR THE DEVELOPMENT OF A GAS STATION WITH
CONVENIENCE STORE AND DRlVE-THRU RESTAURANT WITHIN THE
BA YFRONT REDEVELOPMENT PROJECT AREA
Jack-in-the-Box Incorporated proposes to construct a gas station, convenience store and
drive-through restaurant at the northeast comer of Bay Boulevard and J Street, which is
within the boundaries of the Bayfront Redevelopment Project Area. The proposed land use
is allowed under the General Plan and the Bayfront Specific Plan.
Staff recommendation: The Agency adopt the Resolution.
Mayor Horton expressed concerns about the amount of trash generated by this type of business
and asked whether language could be incorporated into the permit to require the owner or lessee
to make certain the area is regularly cleaned and maintained free of trash. She also expressed
concern with the proposed project design, stating that it should fit in with what is proposed to be
one of Chula Vista's signature developments. Staff responded by detailing the design structure
and proposed signage.
Mr. Carl Hoy, representing Jack -In- The-Box Incorporated, stated that the proposed design is
different than that of a regular Jack-ln- The-Box, and an effort has been made to provide a design
that conforms to the present look of the bayfront. He also asked Council to approve the proposed
signage, once final approval has been received from the Design Review Committee.
Mayor Horton asked if a freeway sign could be placed by Caltrans as an alternative to the
proposed project signage. Staff responded that the applicant believed the project would be
dependent upon its own signage. Mayor Horton stated that she could not support the proposed
type of sign on the bayfront.
Councilmember Padilla asked how critical the sign was to the success of the project. Mr. Hoy
stated that he did not wish to sacrifice approval of the project as a whole because of the signage
issues. Staff also commented that the signage would be brought back for Council consideration
once approved by the Design Review Committee.
Councilmember Salas asked about the proposed project landscaping. Staff responded that the
project will have extensive landscaping, and the provisions of the landscape plan would be
forwarded to Council.
Page 2 - Council/RDA Minutes
June 6. 2000
5 6A
CONSENT CALENDAR (Continued)
Deputy Mayor Moot expressed concern about the type of proposed sign at a critical intersection
on the bayfront and felt its approval could create problems over the longer term.
Councilmember Padilla stated that the City should be selective about developments in the
bayfront area and that he would oppose any pole signs along the bayfront. He also said that the
project and its signage should be considered at the same time and suggested that the sign issue be
resolved and then the whole project returned for Council consideration.
Councilmember Davis was concerned that the project might be inappropriate for the area.
ACTION:
Councilmember Padilla moved to refer the project back to staff to be considered
along with the signage. Deputy Mayor Moor seconded the motion, and it carried
5-0.
4. AGENCY RESOLUTION NO. 1670, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA ADOPTING NEGATNE
DECLARATION IS-00-12 AND APPROVING OWNER PARTICIPATION
AGREEMENT WITH THE MAIN SQUARE CORPORATION FOR THE
DEVELOPMENT OF AN INDUSTRIAL BUILDING LOCATED AT THE
SOUTHEAST CORNER OF MAIN STREET AND FOURTH AVENUE WITHIN THE
SOUTHWEST REDEVELOPMENT PROJECT AREA
The Main Square Corporation proposes to construct a 22,640 square-foot industrial
building at the southeast comer of Main Street and Fourth Avenue, which is within the
boundaries of the Southwest Redevelopment Project Area The building will be used for
the establishment of automobile repair shops.
Mayor Horton expressed support for revitalizing the area with new development but was
concerned about the type of businesses allowed. Staff responded that the project will be well-
designed and landscaped, and there will be no parking or work performed on the street.
ACTION:
ChairlMayor Horton offered Agency Resolution No. 1670, heading read, text
waived. The motion carried 5-0.
ORAL COMMUNICATIONS
There were none.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
5. PUBLIC HEARING TO CONSIDER ADOPTION OF A DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY
ANDGATEWAYCHULA VISTA LLC FOR THE PURPOSE OF DEVELOPING A
304,000 SQUARE-FOOT MIXED OFFICE AND RETAIL DEVELOPMENT AND
1,014-SPACE PARKING STRUCTURE, ENTITLED THE GATEWAY CHULA VISTA
PROJECT, ON A 16-PARCEL SITE AT THE NORTHWEST CORNER OF THIRD
AVENUE AND H STREET IN DOWNTOWN CHULA VISTA, WITHIN THE TOWN
CENTRE I REDEVELOPMENT PROJECT AREA
Page 3 - Council/RDA Minutes
June 6, 2000
,~-~.". '-'--"~--~-_.....-,-_._...~._-~- -~~.__.~~ -,_.,~_._--_.~.
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PUBLIC HEARINGS (Continued)
The corner of Third Avenue and H Street represents a unique redevelopment opportunity
that links the Third Avenue downtown shopping district with the South County
Government Center and the Chula Vista Shopping Center. In order to activate this
important location and strengthen the emerging Chula Vista office and retail market,
Agency staff has been negotiating with the development team for the Gateway Chula Vista
Project since June 1998, with the adoption by the Agency Board of a Semi-Exclusive
Negotiating Agreement (SENA) with the Chrismatt Corporation. The SENA was extended
for six months in June of 1999, with Gateway Chula Vista LLC as the new development
entity, during which time the final terms of the business deal were negotiated. During the
past several months, the specifics of the Disposition and Development Agreement (DDA)
have been negotiated, including all aspects of the sale of Agency land and other terms and
conditions of the development proposal. [Community Development Director; continued
from the meeting of May 23, 2000]
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Community Development Director Salomone explained the proposed project to the Council and
audience.
Chair/MayoT Horton opened the public hearing and asked if anyone from the audience wished to
speak. There was no response, and she closed the hearing.
ACTION:
Chair/Mayor Horton offered the following Resolutions, headings read, texts
waived:
AGENCY RESOLUTION NO. 1671 AND COUNCIL RESOLUTION NO. 2000-
182, A JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (A)
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT AND
RELATED AGREEMENTS BETWEEN THE AGENCY AND GATEWAY
CHULA VISTA, LLC FOR THE DEVELOPMENT OF A MIXED-USED
COMMERCIAL/OFFICE PROJECT AT THE NORTHWEST CORNER OF
THIRD AND H STREET; (B) MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH; (C) AUTHORIZING EXECUTION OF SAID
AGREEMENT; AND (D) APPROVING FUNDING OF THE PROJECT WITH
V ARlOUS AGENCY SOURCES AND CDBG FUNDS
The motion carried (5-0).
OTHER BUSINESS
s6A
OTHER BUSlNESS (Continued
7. CHAIR'S REPORTS
There were none
8. AGENCY MEMBER COMMENTS
There were none
ADJOURNMENT
At 6:30 p.m., Chair/Mayor Horton adjourned the City Council to an Adjourned Regular Meeting to
be held June 12, 2000, at 6:00 p.m., and the Redevelopment Agency to an Adjourned Regular
Meeting to be held June 13th, 2000 at 6:00 p.m.
Respectfully submitted,
~
Lorraine Bennett, Deputy City Clerk
Page 5 - Council/RDA Minutes
June 6, 2000
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FIRST A.lVIENDMENT TO
DISPOSITION AND DEVELOPMENT AGREEMENT
(Phase I of Gateway Project to Provide Bridge Loan)
This FIRST AMENDMENT TO DISPOSITION MiD DEVELOPMEl'.'T
AGREEMENT ("First Amendment") is entered into as of September 25,2001
CDate of First Amendment'') by and between the REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA, a public body corporate and politic ("Agency") and
GATEWAY CHUI.;A VISTA, LLC, a California limited liability company ("Developer").
A.. The Agency and the Developer are parties to that certain Disposition and
Development Agreement dated June 6, 2000 ("DDA").
B. The DDA relates to redevelopment, development, and operation of a phased
First Class, First Quality 344,000 square feet mixed-use commercial/office project with restaurant
and retail components and common areas, includinij a four-tier 1300 space parking structure that
spans all Phases of the Project; specifically the retail component will include up to 81,000 square feet
with a restaurant, deli, coffee shop, financial institution, and other retail uses, Phase I will include
102,237 square feet in a five story office tower at the easterly portion of the Site, Phase II will
include 125,000 square feet in a six story office tower, and Phase III will include 117,000 square feet
in a five story office tower at the westerly portion ("Project'').
~
C. Capitalized terms used in this First Amendment are defined and set forth in the DDA,
unless separately defined in this First Amendment, inclusive of the Attachments hereto.
D. The financial assistance to be provided by the Agency to Developer pursuant to the
DDA includes the Agency Participation to be paid in up to five (5) separate installment payments
with specific Conditions Precedent thereto, as set forth therein.
E. In particular for purposes of this First Amendment, the First InstaJlment Payment of
Agency Participation under the DDA includes (i) payment of up to $1,500,000.00, inclusive of
$200,000.00 as repayment for the fair market value of the Phase I Agency Parcels included in the
Phase I development, (ii) plus reimbursement for the costs of the Public Improvements pursuant to
the terms of the Reimbursement Agreement in an amount not to exceed $300,000.00, (iii) plus
reimbursement for fifty percent (50%) of the Phase I Permit Fees, the total of which is to be paid
after the Conditions Precedent to the First Installment Payment are satisfied,
F. Developer has requested the Agency provide an early disbursement of up to
$1,300,000.00 ofthe First In~tallment Payment of Agency Participation ("First Installment
Advance") to fill Developer's short-term cash flow needs pending securing and closing on the
Construction Financing.
G. The Agency desires to accommodate Developer's request by this First Amendment
and provide the First Installment Advance as an advance. of part of the First Installment Payment of
Agency Participation subject to the tetms and conditions herein set forth and specifically to the
Conditions Precedent to First Installment Advance, as hereinafter defined and set forth, thereby
-.....
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amending and modifying the timing of and Conditions Precedent to the First Installment Payment of
Agency Participation undenhe DDA and facilitating, in effect, a bridge loan from the Agency to the
Developer ("B ridge Loan"),
H. The Developer has selected, and by this first Amendment the Agency hereby
approves selection of, GMAC Commercial Mortgage Corporation ("GMAC") as the Construction
Lender providing the Phase I Construction Financing. Developer represents it has provided to the
Agency a true and complete copy of that certain "Application to GMAC Mortgage Corporation tor a
First Mortgage Construction Loan" dated July 20, 2001 ("Application") entered into between
Developer and GMAC. A true copy of such executed Application is attached hereto as Exhibit A
and fully incorporated by this reference. The Application contains a summary of the terms and
conditions to closing and funding a First Mortgage Construction Loan of$13.75 million for Phase I
of the Project ("Phase I Construction Loan" or "Construction Loan''). The Application also includes
the terms and conditions of the Commitment, as therein defined, under which GMAC'agrees to loan,
and Developer, as Borrower, agrees to borrow the funds necessary to continue and complete the
Phase I Improvements on the terms and conditions therein set forth.
\.-
I. Subject to the terms and conditions hereinafter set forth, the First Installment
Advance will be available only for payment of Qualified Project Advance Costs (as the term is
hereinafter defined) through direct disbursement by the Agency to the following contractors:
(i) Project general construction contractor, DPR Construction, Inc., a California corporation
("General Contractor" or "DPR") for the existing contract between the Developer and DPR for
construction of the Phase I Improvements ("Construction Contract"), (ii) the architect for the Phase I
Improvements: (iii) the civil engineering firm for !.he Phase I Improvements, collectively
"Approved Payees" and individually "Approved Payee"). .
J. The Bridge Loan of the First Installment Advance will be evidenced by a promissory
note executed by Developer, as maker, and the Agency, as holder, substantially in the form of the
Promissory Note Secured by Deed of Trust, attached as Exhibit C hereto and fully incorporated by
this reference ("Promissory Note").
K. The term of the Promissory Note and date payment of principal and accrued interest
is due (or alternatively, the Note otherwise cancelled as described therein) shall be as set forth in the
Promissory Note with the outside date to be thefirst to occur of (i) June 15,2002, or (Ii) the date
upon which all GMAC conditions are met and under which all funds necessary for the completion of
the construction of Phase I Improvements under the Building Loan Agreement for the Construction
Loan are available for full distribution upon Developer's submittal of a Construction Loan draw
request ("Construction Loan Full Funding Status").
L The Promissory Note will be secured by an insured first trust deed encumbering the
Phase I Developer Parcels subject only to non-delinquent taxes, the Redevelopment Plan, and such
other exceptions to title approved by Agency legal counsel in hislher sole and reasonable discretion.
The Deed of Trust shall be substantially in the form ofthe "Construction Deed of Trust with
Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing", attached as
Exhibit D hereto and fully incorporated by this reference ("Deed of Trust").
M. The Deed of Trust will further provide for a general assignment of rents, a specific
~ assignment of leases and rents, an assignment of contractual agreements affecting the Phase I Parcels
Page 2 ofI3
DOCS0C\844419v9\24212.0002
6A
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and Project by the Developer to the Agency, including assignment of architectural contracts for the
design and for construction of the Phase I Improvements, including the DPR contract between
Developer and DPR, as more fully described and defined in the Conditions Precedent to the
First Installment Advance. .
N. The Promissory Note wjll be further secured by a security agreement and financing
statements in conformity with the Uniform Commerdal Code ("UCC") to be executed by Developer
and filed with the appropriate County and/or State orltices. which UCC filing(s) shall create a first
lien on all personal property, fixtures, and equipment now or hereafter used in the operation of the
Phase I Parcels.
O. Developer will provide additional security and cause performance on one or more
capital calls or contributions to the Project by any and all Members of the Developer entity pursuant
to this First Amendment and pursuant to the terms of that certain "Capital Call Guaranty" executed
by each Member, substantially in the form of Exhibit E attached hereto and fully incorporated by this
reference, as a supplemental promise to pay the Capital Call Amount (as herein defined) in the event
that the Construction Loan Full Funding Status (as herein defined) with GMAC has not been
achieved by Developer on or before May 3 I, 2002.
P. The DDA, the First Amendment, along with each of the agreements/attachments
hereto and such other ancillary documents entered into between the Agency and Developer may be
collectively referred to as the "Bridge Loan Agreement" or the "Loan Agreement" and together as
the "Bridge Loan Documents" or the "Loan Documents." The Agency is also referred to in such
documents as "Lender" and the Developer is also referred to as "Borrower".
"'"
Q. The parties acknowledge that Parcel Map No. 18753 has been completed and was
filed in the Official Records, Office of the County Recorder, County of San Diego on July] 6,200 I.
NOW THEREFORE, in consideration of the foregoing recitals, which are a substantive part
of this First Amendment, the covenants and consideration contained and exchanged herein, Agency
and Developer agree as follows:
Section]. First Installment Advance; Bridge Loan. The Agency agrees to Joan to the
Developer, and the Developer agrees to borrow from the Agency, the sum of $],300,000 as a
Bridge Loan and advance of a portion of the First Installment Payment of Agency Participation,
herein the "First Installment Advance".
'---
(a) GMAC Letter. Developer shall cause GMAC to provide to the Agency and
Developer a separate representation letter, in a form reasonably satisfactory to the Agency's legal
counsel and the Executive Director ("GMAC Letter") which letter shall identify a schedule, and the
material outstanding conditions to the closing of the Phase 1 Construction Loan, and the conditions
by which Developer (as borrower) will achieve Construction Loan Full Funding Status. A true copy
of the GMAC Letter, when approved by GMAC and after review and approval by the Executive
Director, shall be attached hereto as Exhibit B and fully incorporated by this reference.
(b) Set Aside Account. The Agency agrees to set aside in a separate Agency account the
sum of $] .300,000 as the First Installment Advance. Such funds shall be earmarked for and
disbursed for the benefit of Developer in one or more installment-payments to Approved Payee(s) in
Page 3 of 13
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a cumulative amount 110tto exceed $1,300,000.00 subject to the terms and conditions hereof.
including the Conditions Precedent to First Installment Advance. .
(c) Qualified Project Advance Costs.. The First Installment Advance shall be disbursed
only for incurred Qualified Project Advance Costs and remitted to Approved Payees.
(i) The term "Qualified Project Advance Costs" shall include only hard and soft
costs incurred through and for work completed pursuant to the terms of the COntracts entered into
between the Developer and Approved Payees which costs shall directly pertain to construction
through completion qfthe Phase I Improvements. Qualified Project Advance Costs shall be reduced
by reimbursements, if any, received by the Developer from third parties, including for example
reimbursement by tenants. The term Qualified Project Advance Costs shall not include any other
items or costs defined or listed in the DDA as Project Costs and shall expressly exclude repayment or
payment ofany and all amounts advanced by, incurred, or owed to the Developer entity, including
any Member of the Developer entity, or any affiliate thereof.
(d) Draw Request. The First Installment Advance shall be made available only by the
Agency for direct disbursement to Approved Payees as payment on behalf of Developer under the
Construction Contract or other contract upon submittal by an Approved Payee of a complete draw
request evidencing amounts incurred, due, and payable for Qualified Project Advance Costs
("Draw Request").
'--
(i) Each Draw Request shall: (I) be on a form reasonably acceptable to Agency
and its legal counsel, (2) be prepared by an Approved Payee, (3) signed by an Approved Payee's
authorized representative(s), (4) evidence amounts incurred, due, and payable for Qualified Project
Advance Costs incurred under the an Approved Payee contract, (5) conform to the requirements of
the Construction Contract or other Approved Payee contract, and (6) be approved by Developer, as
evidenced by the signature of the Chairman Manager of the Developer entity on each Draw Request.
(A) The execution by beveloper of any Draw Request shall serve as'
conclusive evidence of Developer's unconditional approval of'such Draw Request, and Developer
knowingly waives any legal right to claim the Agency should not have made such payment.
(e) Promissory Note. The Bridge Loan of the First Installment Advance shall be
evidenced by the Promissory Note executed by duly authorized Members of the Developer entity.
The terms of the Promissory Note shall include, without limitation, (i) interest shall commence to
accrue on January 15, 2002 at the rate often percent (10%) per annum simple interest until principal
and interest paid in full; (ii) the full principal balance and accrued interest shall be due on the first to
occur of (A) June 15,2002 or (B) the date Developer achieves Construction Loan FuJI Funding
Status; (iii) in the event the Construction Loan closes, the Construction Loan Full Funding Status is
achieved, and the full proceeds thereof are available to be disbursed for the Project, then the Note
will be cancelled and Deed of Trust reconveyed.
(f) Capital Call Guaranty. Developer acknowledges and agrees in addition to the
Promissory Note it shall cause each of the Members ohhe Developer entity in their separate capacity
to execute and enter into the Capital Call Guaranty by which each Member, jointly and severally,
shall agree to make a specific cash capital contribution to the Project ("Capital Call") under certain
terms and conditions. Said Capital Call Guaranty shall be a supplemental promise by each Member,
~
Page 4 of 13
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\....
jointly and severally, .to pay the Capital Call Amount (hereinafter defined) in the event the Developer
has not achieved Construction Loan Full Funding Status on or before May 3 1,2002.
(i) Developer shall cause each Member of the Developer entity under the
Capital Call Guaranty to agree, jointly and l;everally, as Guarantor thereunder, to unconditionally and
irrevocably guarantee and promise to pay to the Agency, as Lender, on demand, in lawful money of
the United States, in immediately available funds, on or before 5:00 p.m. PDT on June], 2002 the
principal sum of the Capital Call Amount. The Capital Call Amount shall be either (A) the amount
of cash that is owing and necessary to establ ish a "breakeven" level of net operating income for
Phase I of the Project, and to pay all other costs or amounts owed, as determined pursuant to the
terms of the GMAC Commitment, the GMAC Lett~r, and other Construction Loan documents, in
order to achieve Construction Loan Full Funding Status presuming the facts described in subsection
(ii) below, or (B) the repayment of the Initial Advance Installment, as further set forth in subsection
(iii) below ("Capital Call Amount").
~
(ii) The Agency agi-ees that in the event the Capital Call Amount is due from
Guarantor under the Guaranty to achieve ConstructiPn Loan Full Funding Status, the Agency shall
either (A) direct Guarantor to directly pay GMAC (or other approved Construction Lender) to
achieve Construction Loan Full Funding Status, or (B) if such funds are paid by Guarantor to the
Agency, then Agency shall disburse such amount to GMAC (or other approved Construction Lender)
to achieve the Construction Loan Full Funding Status. Therefore, under the terms of the Capital Call
Guaranty to the extent the GMAC Construction Loan Full Funding Status has not been achieved on
or before May 31. 2002, and the GMAC Commitment has not expired and/or the Construction Loan
has closed but not fully funded, nor have such commitments been rescinded or otherwise cancelled
and are still pending, and payment of the Capital Call Amount is the only remaining condition to be
satisfied to achieve Construction Loan Full Funding Status and cause such Construction Loan to be
available for full disbursement of loan proceeds, and provided the Developer is not in default under
the DDA and First Amendment and all other Bridge Loan Documents, the Agency will cause the full
amount of the Capital Call payment paid by the Guarantor to be remitted to GMAC or other
Construction Lender in such way as to cause the Construction Loan to close and fund.
(iii) To the extent the Construction Loan Full Funding Status has not been
achieved on or before May 31, 2002 and the GMAC Commitment and/or the Construction Loan has
expired, or otherwise been rescinded or otherwise cancelled, and no other pcrmitted Construction
Lender is in place to fully fund the Construction Financing for the Phase I Improvements by such
date to evidence Construction Loan Full Funding Status, then the Capital Call Amount shall be the
full amount of the Initial Advance Installment ($1.300,000) plus interest at the Interest Rate defined
in the Promissory Note, if any, accrued thereunder. Such amount shall be payable in full by
Guarantor under the terms of the Capital Call Guaranty.
(g) Deed of Trust. The Promissory Note shall be secured by an insured first lien
Deed of Trust recorded against the Phase I Developer Parcels in the Official Records, County of
San Diego.
(h) Lender's Policy of Title Insurance. Concurrently with the recordation ofthc
Deed of Trust securing the Bridge Loan for Phase I, United Title Company (as underwritten by
Chicago Title, together the "Title Company"), or such other title insurance company as may be
~ mutually approved by the Agency and Developer, shall provide, issue, and deliver to the Agency a
Page 5 of J3
DOCSOC\8444 19v9\242 12.0002
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lender's policy of title insurance with such endorsement(s) as reasonably required by the Agency'
legal counsel insuring that the security interest in Phase I Developer Parcels and Phase I
Improvements is vested in the Agency in the condition required by this First Amendment. Developer
shall cause the Title Company to provide to the Agency an original of the lender's policy title
insurance, inclusive of all endorsements. The lender's policy of title insurance shall be in the amount
of the Bridge Loan ($1,300,000). Said lender's policy shall evidence the Deed ofTrust is a first lien
on Phase I Developer Parcels free and clear of financial encumbrances, mechanics liens, and other
exceptions to title reasonably required by Agency legal counsel and demanded to be cleared from
title in connection with and as a condition to providing the Bridge Loan. All costs incurred for or
related to such title insurance and clearance of exceptions shali be borne solely by the Developer.
(i) UCC Financing Statements. As further security and as a part of the Deed of Trust,
Developer shall execute and deliver the necessary VCC security agreement(s) and financing
statement(s) creating a first lien on all personal property, fixtures, and equipment now or hereafter
used in the operation of the Phase I Parcels. Developer shall furnish continuation statements at
required intervals. Agency shall receive satisfactory evidence that its lien on all Phase I personal
property, fixtures, and equipment is a first and prior lien. In connection with the VCC filing and as
an ongoing obligation hereunder, Developer shall furnish to Agency a detailed schedule of all such
personal property, fixtures, and equipment related to the Phase I Parcels and/orthe Phase I
Improvements. Such schedule shall be updated not less than bi-monthly by the Developer.
'"'-
G) DPR Performance Guaranty. Developer shall cause DPR to execute the
Performance Guaranty, substantially in the form of Exhibit F attached hereto and fully incorporated
by this reference. The Performance Guaranty shall evidence the commitment and contractual
obligation ofDPR to perform under and complete performance under the terms of the Construction
Contract, subject to the provisions thereof which tequire timely payment to DPR for such continued
performance. '
(k) Assignment of Construction Agreements. Developer shall enter into and execute
(and shall cause its contractors to enter into and execute) the Assignment of Construction
Agreements. substantially in the form of Exhibit G attached hereto and fully incorporated by this
reference. The Assignment of Construction Agreements shall cause automatic assignment of any and
all outstanding agreements relating to the planning, design, or construction of the Phase I
Improvements in the event Construction Loan Full Funding Status is not timely achieved and
Developer fails to cause the Capital Call to be made by one or more Members of the Developer
entity.
(I) Assignment of Architectural Agreements and Plans and Specifications.
Developer shall enter into and execute (and shall cause its contractors to enter into and execute) the
Assignment of Architectural Agreements and Plans and Specifications, substantially in the form of
Exhibit H hereto and fully incorporated by this reference. The Assignment of Architectural
Agreements and Plans and Specifications shall cause automatic assignment of the working drawings,
construction plans and specifications, architectural agreements and documents relating to the
architecture and plans and specifications for the Phase I Improvements in the event Construction
Loan Full Funding Status is not timely achieved and Developer fails to cause the Capital Call to be
made by one or more Members of the Developer entity.
~
DOCSDa8444 1 9v9I242 12.0002
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Section 2. Conditions Precedent to First Installment Advance. The First Installment
Advance shall be paid by the Agency to the Developer (as disbursed directly to each
Approved Payee) within five (5) days of the Developer's satisfaction of all the following
"Conditions Precedent to First Installment Advance":
(a) Developer shall open an escrow with the Title Company for the Bridge Loan
("Escrow) and an Escrow officer shall be assigned to carry out the terms of this Bridge Loan subject
to mutually agreeable escrow instructions ("Escrow Officer").
(b) True yopies of the fully executed GMAC Application and the GMAC Commitment
shall have been delivered to the Agency Executive 9irector.
(c) The approved GMAC Letter shall be in place, as evidenced by a duly executed
original having been delivered to the Agency Executive Director and appended to this First
Amendment.
'-
(d) The GMAC Commitment and the G!l.1AC Letter together evidence the specific
outstanding conditions to closing the GMAC Construction Loan and thereafter the Developer
achieving Construction Loan Full Funding Status by December 31,200] (or such other date specified
by GMAC or other Construction Lender, but in no event beyond June 15,2002.) Further, assuming
the Construction Loan timely closes pursuant to the GMAC Commitment, then the only condition to
Developer achieving ConStruction Loan Full Funding Status shall be that Developer provide
evidence of executed leases with tenants for space in the Phase I Improvements, which leases
(along with all previously reviewed and approved tenant leases) cumulatively provide GMAC with a
"breakeven" level of net operating income for the Project, Le., Developer achieving Construction
Loan Full Funding Status on or before June 15, 2002.
(e) Developer shall have executed and delivered to Escrow the Promissory Note.
substantially in the form of Exhibit C duly executed by the Chairman Manager and the other
Manager, as those terms are defined in that certain Amended and Restated Operating Agreement
dated April 24,2000, as amended by the First Amendment to Amended and Restated Operating
Agreement dated November I, 2000, and the Second Amendment to Amended and Restated
Operating Agreement March 26, 2001 (collectively "LLC Operating Agreement").
(f) Developer shall have duly executed and delivered the "Construction Deed of Trust
with Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing",
substantially in the form of Exhibit D, ready for recording in the Official Records, County of
San Diego, as a first lien against the Phase I Developer Parcels. As a pan thereof, Developer shall
have duly executed and delivered the VCC security agreement(s) and financing statement(s), creating
a first lien on all personal property, fixf\lres, and equipment now or hereafter used in the operation of
the Phase I Parcels.
(g) The Title Company shall be ready to issue to tbe Agency the lender's policy oftitle
insurance required bereunder, including all requested endorsements.
(h) Developer shall have caused each Member ohhe Developer entity to have executed
and delivered to Escrow the Capital Call Guaranty, substantially in the form of Exhibit E.
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'-- (i) Developer shall have caused DPR to have duly executed and delivered to Escrow the
Performance Guaranty, substantially in the form of Exhibit F.
G) Developer shall have caused its contractors to execute and Developer shall have duly
executed and delivered to Escrow the Assignment of Construction Agreements, substantiaJly in the
form of Exhibit G.
(k) Developer shall have caused its contractors to execute and Developer shall have duly
executed and delivered to Escrow the Assignment of Architectural Agreements and Plans and
Specifications, subst!jfltially in the form of Exhibit H.
(1) Developer has acquired, obtained fee title for, and closed escrow on the Phase II
DevelDper Parcels.
(m) TIle Developer shall have submitted to the Agency Executive Director and for review
by the Agency's eCDnomic consultant an updated, cDmplete, and true copy of the Developer's current
pro forma line item Project Costs budget for the Phase I Improvements, as submitted to GMAC in
connection with the Application, the Commitment, and the GMAC Letter. The Developer represents
to the Agency that such submittal will be, and shall be, substan'tially comparable in amounts and
categDries of Project Costs for the Phase I Improvements as the prior submittal(s) relating tD Phase I
which were attached to the DDA and/or submitted to and on file with the Executive Director.
~
(n) Developer shall have provided tD the Agency Executive Director a complete copy of
the CDnstruction Contract between the Developer and DPR for the construction of the Phase I
ImprDvements, certified by the Developer to be a true and correct copy thereof, and copies of all
other contracts relating to the cDnstruction Df the Phase I Improvements, including withDut limitation
the architect's contract.
(0) Developer shall not be in Default of this Agreement, including but without limitation,
compliance with applicable times for performance as set fonh in the Schedule of Performance, and
all representations and warranties of the DeveloP1r contained herein shall be true and correct in all
material respects.
(p) With the exception of the parking garage building permits, all other development and
building approvals and permits for the Phase I Improvements shall have been issued (or are ready to
issue upon payment of the applicable permit fees) by the City, the Agency, and any other
governmental agencies withjurisdictiDn over the Phase I Improvements and Phase I Parcels required
for the Developer to cDntinue construction through completion of the Phase I Improvements on the
Phase I Parce Is.
(q) The insurance,cenificates conforming to Section 1304 of the DDA shall be up to date
and in place.
Section 3. Developer CDvenant Re EffDrts to Achieve Construction Loan Full Funding
Status before June 15, 2002. As a material and ongoing prDvision of this First Amendment,
Developer hereby covenants and agrees it shall; (a) abide by the GMAC Application and Gl'vlAC
Commitment, (ii) take all reasonable and necessary steps toward closing the ConstructiDn Loan,
..... (iii) in the event the GMAC Commitment expires to take all reasonable and necessary steps to apply
DOCSOC\8444I9v9\24212.0002
Page 8 of 13
6A
'-
for and obtain either a.n extension of the GMAC Commitment or other Construction Financing;
(iii) cause the Chairman Manager, the other Manager, and all Members of the Developer entity LLC,
as applicable and required by GMAC, to timely review, approve, and sign all documents necessary to
close the GMAC Construction Loan, or close other Construction Financing, for Phase I of the Project
as soon as possible and as reasonably practicable, all in order for Developer to timely achieve
Construction Loan Full Funding Status on or before June 15,2002.
Section 4. Amended and Restated Conditions Precedent to First Installment Advance.
Due to the payment of the First InstalllT1ent Advance it is necessary that the parties amend and restate
the Conditions Preceflent to the First Installment Advance set forth Section 802.] of the original
DDA. Section 802.] is hereby amended and restated by this First Amendment as follows:
"Section 802.1 Conditions Precedent to First Installment Payment of Agency
Participation. The First Installment Payment of the Agency Participation, less the full amount of the
First Installment Advance disbursed to the Developer through the Approved Payees pursuant to the
First Amendment, shall be paid by the Agency to the Developer within thirty (30) days of the
Developer's satisfaction of all of the following Conditions Precedent to the First Installment Payment
of Agency Participation.
(a) As to the proceeds necessary for the First Installment Payment of Agency
Participation, the Agency acknowledges that the following condition has been satisfied.
'""
(i) The Agency and/or the City shall have received sufficient proceeds from the
DDA Financing or other Agency Indebtedness necessary to meet the Agency's financial obligations
to the Developer hereunder for the First Installment Payment of Agency Participation, the Second
Installment Payment of Agency Participation, and the Third Installment Payment of Agency
Participation. The Agency and Developer expressly and knowingly agree that the issuance of such
DDA Financing or other Agency Indebtedness (whether pre- or post- Date of Agreement) is
necessary for the Agency to meet such financial obligations to the Developer hereunder, in particular
payment of the specified Agency Participation installment payments.
(b) The Phase I Conveyance shall have occurred as evidenced by the close of Escrow for
the Phase I Conveyance and Developer holding fee title to all Phase I Parcels.
(c) The Agency acknowledges that the following condition has been satisfied.
(i) Developer has acquired, obtained fee title for, and closed escrow on the Phase
II Developer Parcels.
(d) The Developer shall have submitted to the Agency Executive Director and for review
by the Agency's economic consultant a true copy of the most current and updated version (as of the
date the Developer achieved Construction Loan Full Funding status) of Developer's pro forma line
item Project Costs budget for the Phase I Improvements, inclusive of the Public Improvements (ifthe
Agency has so elected for the Developer to construct such improvements and inclusive of the scope
of such Public Improvements in Phase !, as approved by the City Engineer in hislher sole discretion)
as submitted to GMAC, Developer's approved lender for the Construction Financing for the Phase I
Improvements. The Developer represents to the Agency that such submittal shall and will be the
~
Page 9 of 13
DOCS0C\844419v9\24212.0002
6A
substantially comparaj:>le in amounts and categories of Project Costs as the Base Pro Forma for
"- Phase I as is on file and attached to the original DDA.
(e) True copies of the most current and updated Baise Pro Forma for Phase I and the
Base Pro Forma for Phase II are on file with the Agency Executive Director.
(f) Developer achieved Construction Loan Full Funding Status and the Construction
Loan fully funded priorto'June 15.2002.
(g) The Agency acknowledges that the following condition has been satisfied by
Developer obtaining the Performance Guaranty of DPR and complying with the other terms and
provisions of the First Amendment relating to the Construction Contract.
(i) Developer shall provide the Agency Executive Director a copy of the contract
between the Developer and one or more general contractors for the construction of the Phase I
Improvements, certified by the Developer to be a true and correct copy thereof, and a copy of one or
more general contractor's performance bond(s) for the completion of the work for such Phase, and
such bond(s) shall include the City and Agency named as beneficiaries ancl/or additional insureds, as
reviewed and approved by Agency legal counsel. All surety bpnds shall be issued by a surety
company admitted in California and such company(ies) shall nave an "A-V" or better rating.
(h) The Agency acknowledges that the following condition has been satisfied.
(i) Parcel Map No. 18753 for the Project was recorded in the Office of the
...... Recorder of the County of San Diego on July] 6,200].
(i) The Agreement Affecting Real Property has been recorded against the Phase] Parcels
in a position superior and non-subordinate to all monetary liens and other encumbrances as required
hereunder.
G) The Developer shall not be in Default of this Agreement, including but without
limitation, compliance with applicable times for J:jerfonnance as set forth in the Schedule of
Performance, and all representations and warranti)es of the Developer contained herein shall be true
and correct in all material respects.
(k) All development and building approvals and permits for the Phase I Improvements
shall have been issued by the City. the Agency, and any other governmental agencies with
jurisdiction over the Phase I Improvements and Pl1ase I Parcels required for the Developer to
commence construction of the Phase I Improvements on the Phase I Parcels, including permits
necessary for the parking garage improvements. The Developer acknowledges that completion of
and City approval of grading improvements and Jot certifications are required by the City Engineer as
a standard condition to issuance of a building permits for the Phase I Improvements.
(1) The insurance certificates confonning to Section J 304 of this Agreement shall be up
to date and in place.
(m) The following condition is hereby deleted.
--.
Page 10 ofl3
DOCS0C\844419v9\24212.0002
6A
(i) . The Developer shall have submined evidence reasonably satisfactory to the
'""" Agency that the Developer has obtained executed leases to occupy cumulatively not less than fifty
percent (50%) oftbe gross leaseable area (inclusive of an up to 13% load factor) of the Phase I
Improvements office space, all with good credit tenants and meeting the tenant qualifications set
forth in Section 1000. er seq. I
(n) The following condition is hereby deleted.
(i) Developer shall have provided evidence reasonable satisfactory to the Agency
Executive Director of pre-leasing leners of interest on not less than twenty-five percent (25%) of the
Phase II gross leaseable office space (inclusive of an up to 13% load factor) with prospective good
credit tenants and meeting the tenant qualifications set forth herein.
Section 5. Execution in Connterparts. This First Amendment and each of the attachments
may be executed in any number of counterparts, each of which, when executed amI delivered to the
escrow officer, will be deemed to be an original and all of which, taken together, will be deemed to
be one and the same instrument.
,
Section 6. No Other Cbanges. Except as expressly provided to the contrary in this
Amendment, the tenns of the Agreement shall remain in full force and effect as wrinen. All tenns
used herein and not defined herein but defined in the Agreement shall have the meaning given to
such tenns in the Agreement.
'-'
[Signature block for First Amendment begins on next pagel
"""
Page 11 of13
DOCS0C\3444I9v9\24212.0002
6A
~ IN WITNESS WHEREOF, tbe Redevelopment Agency oftbe City of Cbula Vista, as
Agency, and Gateway Cbula Vista, LLC, as Developer, bave signed this First Amendment to
Disposition and Development Agreement as of the 11>ate of First Amendment.
REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA, a public body corporate
and pol itic
ii ....-
By'. ,~!, , ',. / It!--.. 'J
, ~"" .v~ . rvJ,;,,-
Chaim,'an or A'uthorized Designee
~
"AGENCY"
'.,""",
~l5
eral Counse I
ignature block continued on next page.]
'--
Page 12 of 13
DOCS0C\844419v9\24212.0002
'-
"'"
'-
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[Signature block continued from previous page.]
DOCSOCll444 19v9I242 12.0002
GATEWAY CHULA VISTA, LLC, a California
Iimitedlia" flll~ ".
, --....
Coast l,\acific operties,1.;)
Co-Managing Member
,
'" _-:-"~.----
- . -.~-
\ James V. Pieri, Chairman Manager
By: Chul Ista Asset Manageme
Its: Co . e
"DEVELOPER"
I
Page 13 of 13
..JIlIl JYIUUl ~ J 'o/V. I,jClCVVOY ~" r'HSVt11'....l::"
Pa~" 1;
6A
From: Ffdnk Guzauskas - IL <Frank_Guzauskas@gmaccm.com>
To: "'Ikraker@cl.chula-vista.ca.l.is'" <lkrak"r@cLchula-vista,ca.us". "'csbrady@sycr com'"
<csbrady@sycr.com>. '"jmoot@swmw.com''' <jmoot@swmw.com> .
Date: Fri, Oct 5, 2001 11 :.24 AM
Subject: FW: Gateway CV Advance
Gi%1f\C
G.-~
./
Frank J. Guzauskas
AVP. Construction lending
GMAC Commercial Mortgage Corp.
100 S. Wacker Dr., Suite 400
Chicago. IL 60606
(312) 845-8572: FAX (312) 845-8571
The information on this electronic maii message is confidential and may also
be attorney client privileged. The information is Intended cnly for the use
of the individual or entitiy to whom it is addressed. If you are not the
intended recipient, or the employee or agent responsible .fur delivering It
to the intended recipient, you are hereby notified that a~~ distribution,
dissemination, or copying of this communication is striCtlY prohibited. If
you have received the electronic message In error, please Immediately notify
me by telephone and discard the message. Thank you.
" --Original Message-
" From: Frank Guzauskas - IL
> Sent: Friday, October 05.2001 10:23 AM
> To: 'Gerben Hoeksma'
" Subject: RE: Gateway CV Advance
>
>
> Below Is my response to your request If you have any questions, feel free
> to call me.
"
" 1) I have the first set of draft documents and checklist from my attorney,
" Once I review them, I will give my attorney the go-ahead to release these
> drafts to the borrower's attorney. I expect that to occur some time next
" week.
\
"
" 2) The loan fee due to GMACCM upon closing is $206,250. We ourrently hold
> a balance of $125,625 to be applied towards that fee. The borrower will
" owe an additional 580,825 at Closing for our fee. The current balance of
" the Good Faith deposit to cover due diligence is $6,874,07, Any unused
> baiance wili be credited back to the borrower at closing and any excess
> costs will be the responsibility of the borrower.
>
> 3) We are still awaiting our consultants final comments as to the plans &
> specs for the garaget,portlon of the project. We have not completed
: reviewin~lion of title andjtherefore neither have been approved.
>.4) Per our Commitment, if the loan is not funded prior to December 31,
" 2001, the Commitment Is technically null and void. GMACCM would have to
> obtain current leasing status report from the borrower, look at an update
> on the market and re-evaluate the project. I can nol comment on the
> CommIttee's likelihood of approving or not approving Olir request.
-0S-01 11.S7 F~OM,SULLIVAN YERTZ
, MOOI - I-VV. l.:iatew"y L.. v AoVance
........-.-- ..
1D'9192;;$:3"'115
~""t...J::; .J/~
~aoe 2 I
-I
6A
;>
;> 5) The conditions to closing are basically receipt of all of the items
;> spelled out In our checklist,.Thlslist includes, but is not limited to
;> organizational docs, loan docs, construction docs, financial information,
;> diligence materials, payment & perfonnnance bonds, insurance policies,
;> title commitment & policy, sulVey and backup supporting costs incurred to
;> dete on the project You have been provided with a copy of GMACCM's
;> fully-executed Commitment which spells out all the conditions to close and
;> to fund. Any future fundings will be sUbJect to our Commitment and Loan
;> Agreement
;>
;> S) Other than meeting the pre-leasing requirement, this will be determined
;> by how much negotiations take place on the documents and rece.ipt of all
;> the necess,,!')' information per # 5 above In acceptaDle form.
;>
;> Please keep in mind that we need at least 5 business days to review
;> information 0 nee we have received it.
;>
;> All of GMACCM's obligations are governed by the temns of Its Commitment
;> Letter. This letter is only for informational purposes and does not
;> change or modify any terms or conditions of the Commitment Letter.
;>
:>
;>
;> Fra~ J. Guzauskas
;> AVP, G.pnstruction Lending
;> GMAC ~mmerci,,1 Mortgage Corp.
;> 100 S. W' ker Dr., Suite 400
;> Chicago, IL OS06
;> (312) 845-85 ; FAX (312) 845-
;> The information n this electron mail message is confidential and may
;> also be attorney ent privlleg . The information is intenlled only for
;> the use of the indivl ual or e y to whom tt is addressed. If you are
;> not the intended reci . nt, the employee or agent 'responsible for
:> delivering It to :he inten e recipient, you are hereby notified that any
;> distrib\ltion, disseminatio or copying of this communication is strictly
;> prohibited. If you have r c ved the electronic message In arror, please
;> immediately notify me y tel hone and discard the message. Thank you.
;>
;> -,..-Original Messag ---
;> From: Lor ne Kraker [S P:lkraker@cLchula-vista.ca.us]
:> Sent: Tu day, OClober 0 2001 12:44 PM
;> To: 'Frank_Gu uskas@gmaccm. om'
:> Co: 'patrick_v eny@gmaccm.com' '8rett_Stang@gmaccm.com';
;> 'csbrady@Sycr. om'; Byron Estes; '1mo @swmw,com'
" Subject: ?ateway CV Advance
:> Dear Mr. Guzauskas:
;> I
;> As you maY~ow, the City ofChula Vista has reed to advance $1.3
:> million
;> to Gateway Chula Vista, LLC. One important con '!ion to closing on this
;> advance is ur obtaining a letter from GMAC re~ar . 9 th7 status of GMAC's
;> pending Co truelion Loan. Mr. stang has prOVided \IS With helpful
,-" -"-~~'
'--'-~'-,
.....,
Page 3 I
. -.,
6A
,. information, but additional informaticn Is required. We would greatly
,. appreciate your assistance in compleu',g this process.
,.
:> Specifically, as a condition to closing o.n the City advance, the City is
,. requesting a letter from GMAC that addr"esses the foliowing questions:
,.
> ,. GMAC requires "fully executea construction loan dowments". Among
:> other documents, this includes the Building Loan Agreements and a
,. guarantee
,. from the LLC'members. Please provide information regarding the status of
:> completing tne loan documents. Are u'ere any material Issues between the
:> parties?
:>
,. 2. Please provide an estimate of fees due and payable by u'e developer as
>a
:> condition to close on the GMAC loan. To pay these fees, what additional
> funds must be contributed above and beyond the existing balance In u'e
,. deveioper s Expense Deposit?
:>
> 3. Has GMAC approved l~e physical con'dition and con.dltlon of mie to the
:> underlying security? j
:>
:> 4. If the "brea~-even" threshold has not been achieved by December 31.
> 2001, please describe the process for Obtaining an extension of the GMAC
> loan commitment, and give an indication of the likelihood thatlhe
,. developer
:> would obtain such an extension.
:>
,. 5. Please identify any other outstanding conditions to closing the GMAC
,. construction loan, Once the construction loan Is closed, please identify
,. any conditions oU,er than the "brea~-even" thn~shold should GMAC fully
> funding Phase 1 construction.
,.
,. 6. Please estimate when GMAC expects to be in a position to close the
,. construction loan,
>
> Than~ YOt< in advance for your assistance with tt:is matter. \Nhile we all
> eagerly await the lease-up of the project that achieves "break-even"
,. status,
,. we are all attempting to keep the momentum of the project mOiling forward.
,. The closing of the City advance is an important element of the momentum;
> accordingly, your cooperation is greatly appreciated.
>
:> Please do not hesitate to call me with any questions or comments you may
> have with respect to this request. My work number Is 619-691-5037 and my
> cell number is 619-733-8842.
,.
:> Very truly yours,
:>
:> Glen Googins
> Assistant City Attomey
ee:
PatricK Vahey - CO <PatricK_ Vahey@gmaccm.com>, 8rett Stange - SJ
r-05-01 11.57 FROM.SULLIVAN WERTZ
:n Moal- I-W: Gateway L:V Aovance
---.-
lUIl::il~~.;I...:l"'llb
rM.....e
.. . ~
"",
Pa~e 4 j
6A
<brett_stange@gmaccm.com". Phil Keel-IL "PhiLKeel@gmaccm.com;., Carol Conklin -Il
<Carol_Conklin@gmaccm.com:>, 'Gerben Hoeksma' <ghoeksma@amlgm.com:>
I j,
IlT'f'
6A
Sill
;-{
CI\,d-fD2. ~l'mL
~*
2.28.050 Unethical conduct.
A. General Policy. One of the highest calHngs is that of public service.. With that
service comes a requirement to conduct oneself in a manner above reproach,
since the citizens of the community expect and deserve a high standard of
conduct and performance. This code of ethics provides the following general
guidelines and specific prohibitions to which city officials must conform in the
pursuit of their assigned duties and responsibilities:
1. All city officials should endeavor to fulfill their obligations to the citizens of
ChuJa Vista, city management and fellow employees through respect and
cooperation. They should strive to protect and enhance the image and reputation
of the city, its elected and appointed officials, and its employees. All citizens
conducting business with the city shall be treated with courtesy, effiCiency and
impartiality and none shall receive special advantage beyond that available to
any others. Officials shall always be mindful of the public trust and confidence in
the daily exercise of their assigned duties, striving to conserve public funds
through diligent and judicious management.
8. Specific Prohibitions. City officials (including nonpaid commission, board
and committee members) shall be considered to have committed unethical
conduct if any of the following occur:
1. Used one's position or title for personal gain but not found to be an act of
illegality or conflict of interest by the district attorney, Grand Jury or Fair Political
Practices Commission.
2. Knowingly divulged confidential information for personal gain or for the
gain of associates in a manner disloyal to the city.
3. Knowingly made false statements about members of the city council or
other city employees that tend to discredit or embarrass those persons.
4. Used or permitted the use of city time, personnel, supplies, equipment,
identification cards! badges or facilities for unapproved non city activities, except
when available to the general public or provided for by administrative regulations.
5. No ex-city officer for a period of one year after leaving office or
employment shall, for compensation, act as agent or attorney for, or otherwise
represent, any other person by making any oral or written communication before
any city administrative office or agency or officer or employee thereof, if the
appearance or communication is made for the purpose of influencing
administrative action, or influencing any action or proceeding involving the
issuance, amendment, awarding, or revocation of a permit. license, grant, or
contract, or the sale or purchase of goods or property.
6. Endorsed or recommended for compensation any commercial product or
service in the name of the city or in the employee's official capacity within the city
without prior approval by a city council policy.
7. No member of the city council shall be eligible, for a period of one year
after leaving office, for employment by, or be on the payroll of, or be a paid
consultant or paid contractor to, the city, or to any entity controlled by the city or
the city council ("controlled entities"), or to any entity which receives a majority of
its funding from the city or of its controlled entities, except by the permission of
the council finding on four-fifths vote that special identified and articulated
--
-
,
--
~
6A
circumstances exist, cast at a regular public meeting taken. after the. in~olved
member of the city council has left office. (Refer to Civil Service Commission fo~
the hiring rules.) (Ord. 2629 S 1,1995; Ord. 2453 91.1991; Ord. 2297 S 1.1989,
Ord. 104091.1967; prior code 91.51).
2.28.060 Advisory opinions. . . .
When a council member or other o~cial. has d~ubt ~s t~ the applicability of a
provision of this code to a particular ~I~uatlon.. written InqUIry should ~e made to
the board of ethics for an advisory opinion. Said person sho~ld be gUIded by that
opinion when given. The councilmembers or other officlal~ shall have the
opportunity to present their interpretation of the facts a~ .Iss~e and of the
applicable provisions of the code before such advisory deCISion IS made. (Ord.
u2297~ 1,1989).
2.28.070 Creation ofthe board of ethics.
A board of ethics shall be created and appointed in accordance with Section 600
of the city of Chula Vista Charter and Chapter ?2.!l CVMC. (Ord. 2297 ~ 1, 1989).
--.
2.28.080 Purpose.
It is the purpose of this board to advise the city council of the city of Chula Vista
on all matters relating to potential unethical conduct and to make such necessary
and appropriate recommendations to the city council for the implementation of the
code of ethics and amendments thereto, which may become necessary from time
to time. This board will serve as a hearing body on all such matters and shall
render impartial and objective opinions and insure that those covered by this
chapter are appropriately informed. (Ord. 2297 ~ 1, 1989).
2.28.090 Duties of the board.
It shall be the function of the board of ethics to implement the code of ethics
adopted by the council for public officers and employees. The duties of the board
shall be:
A To receive or initiate complaints of violations of the code of ethics. All
complaints shall be sworn under penalty of perjury and shall be in writing,
containing full allegation of facts which would constitute a violation of the code. All
alleged violations must be submitted within 60 days of occurrence or when it should
have been discovered with the exercise of reasonable diligence. Justification for
any delay in filing complaints is the responsibility of the complainant
For board action. complaints concerning unethical patterns of behavior must be
received by the board within 60 days of the most recent event comprising the
pattern of behavior complained of, or within 60 days of when the last event should
have been discovered with the exercise of reasonable diligence.
The board will. in its discretion, limit the pattern of behavior to those events the
board feels are proximately related in time to be a part of the same pattern of
behavior.
B. To hear and investigate complaints and tr.ansmit the findings and
recommendations to the city council.
C. To render advisory opinions or interpretations with respect to the application of
the code. either on request or on its own initiative.
D. To propose revisions of the code to assure its continuing pertinence and
effectiveness. The affirrnative vote of five members of the board shall be necessary
for it to find conduct to be unethical. (Ord. 2297 ~ 1. 1989).
hno://www.codeoublishin!!.comlCNChulaVisla/HtmJlchula02.hunl
07/2712005
6A
IIfPPC Home Page
aCommission
ar"'gendas
IIFPPC Regulations
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Act
W:;andidates and
Committees
JIInterested Persons'
Meetings
at-Obbyists
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Government Officials
and Employees
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.
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~Re\/olving Door and Ott".er
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(revised 02106)
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aEOthics Orientation for
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~ 1234 Ethics
Training for Local
Officials
aConflicts of Interest /
Restrictions on Government Officials and
Employees
Overview of Post-Employment Restrictions
The Political Reform Act places three restrictions on the
activities of public officials who are leaving government
employment. Two are post-employment, while the third
regulates activities of an official before leaving.
. One-Year Ban: Gov. Code Section 87406 restricts
former state officials, for one year after leaving state
service, from being paid to communicate with their
former agency in an attempt to influence agency
decisions that involve the making of general rules (such
as regulations or legislation), or to influence a permit,
license, contract, or transaction involving property or
goods. (Note: The Act also places a one-year restriction
on the activities of members of certain air pollution
control districts.)
. Lifetime Ban: Gov. Code Sections 87400-87405 prohibit
former state officials from being paid to appear in a
proceeding involving specific parties (e.g., a lawsuit,
administrative law judge hearing, or a state contract) in
which the official participated.
. Prospective Employers: Gov. Code Section 87407
prohibits state and local public officials from making,
participating in, or influencing a governmental decision
that directiy relates to a prospective employer.
For detailed information, contact the FPPC for assistance. Need
personal help? Call 1-916-322-5660 or toll-free 1-866-ASK-
FPPC and press "2" for telephone assistance.
(Revised 10/2012003)
,eport tackles problem of crowded schools - Sigl1o.nSanDiego,com Arc...
7
Report tackles problem of crowded schools
[6 Edition]
The San Diego Union - Tribune - San Diego, Calif.
Author: Liz Neely and Amy Oakes
Date: May 10, 2003
Start Page: 8.4
Section: LOCAL
Document Types: ANNOUNCEMENT
Text Word Count: 590
Document Text
loO
http://pqasb.pqarchiver,comlsandiego-sub/access/33502028J.html'ldids. ..
81l4120072:i7PM
leport tackles problem ot crowded schools - :SlgnOn~anDiego,com 1"l.rc,~.
tlttp:/ Ipqaso.pqarcmver.cOID/SanGHjgo~::>Llo/at:Ct:::sSJ ,).,)JV"'V,,-O.l .mUll ~ U1~...
7
CHULA VISTA -- A task force created last year to deal with crOWded schools has released e report With
recommendations for Improving communication between parents, the school districts and the city.
The Chula Vista City/Schools COmmunity Task Force report callS for the formation of several committees to study and
monitor student enrollment, school t;onstructi<m, infrastructure and more, Further, th(~ task force outlines ways the city
and school districlll can better inform parents about how Mello-Roos/community faCility district money is used to pay for
new schools. Mello~Roos is a tax paid by homeowners in some new hOUSing developments.
"I really think this is a tremendous opportunity to put procedures in place that Will ensure we won~ be having another
task force in another four years to look at the same issues," said tesk force Chairman John Moot The tasl< force was
created last August under the direction of then Mayor Shirley Horton. The 15-mernber committee was made up of
appointees from the city and the Sweetwater Union High and Chula Vista Elementary school districts.
Moot will present hlghllghlll of the report to the Chula Vista City Council on Tuesday, the Chula Vista school district on
May 20 and the Sweetwater district on June 16. Each governing board will decide whether to adopt the
recommendalions.
In the past few years, the city has experienced an unexpected high rate of grolNlh. Some residents and city officials say
the schools were not being built fast enough to accommodate new residents moving here. In Eastlake, parents of
students formed a group and held several meetings with city and school officials,
Bruce Husson, chief operating officer for the Sweetwater district, said communication between the community, the city
and the school districts has already improved. Further, Sweetwater is finishing a long-range facilities master plan that
will include much of the infonnation the task force is seeking. The report is expected to go before the school board in
July, Husson said.
Chula Vista Mayor Steve Padilla. who had not yet looked at the report, said the state of the city's schools has been a
growing concem for him.
"It's a major issue in the community," he said.
But, he said, he was disappointed that the task fOrce did not look at the issue of reorganiZing the school districts as a
possible option.
Among the task force's recommendations are:
Form an ad hoc committee composed of members from the City Council and each school board, The committee would
meet twice a year to discuss and anaiyze student enrollment projections, building plans, status of schoois under
construction, and other issues. Additionally, the report calls for the creatIOn of a parent advisory committee that would
provide input to the ad hoc committee both before and after each meeting.
Amend the Growth Management Oversight COmmission (GMOC) Threshoid Standard so that it provides more
information about schools in the city, Each year, the Clly Councll.appointed GMOC reviews the effects of residential
grolNlh on city services, schools, the environment and streets. The standards for levels of service were established in
the city's grolNlh management ordinance, Wllich was adopted In 1987.
Create a document for new homeowners that would explain how Melio- Roos/community facility district financin9 works
and why the funds are pooled to build new schools.
Create a committee made up of staff from the school districts and the city that would discuss and analyze joint
recreation uses between the city and school districts.
Change proof-of-resldency requirements to be more stringent
Liz Neely: (619) 498-6631; Iiz,neeiy@uniontrlb.com
Amy Oakes: (619) 498-6633; amy.oakes@uniontrib.com
Credit: ST AFI' WRITERS
Reproduced with P6mlissiorl of the copyright owner. F="urther reproduction or distribution is p.rohibited without permlssioll.
Abstracl (Document Summary)
Tile Chula Vista City/Schools Community Task Force report calls for the formation of several committees to study and
monitor student enrollment, school construction, infrastructure and more. Further, the task force outlines ways the ctty
and sChooi districts can better inform parents about how Mello-Roos/communlty facility district money is used to pay for
new schools. Mello-Roos Is a tax paid by homeowners in some new housing developments.
[John Mooij will present highlights of the report to the Chula Vista City Councii on Tuesday, tile Chula Vista school
district on May 20 and the Sweetwater districl on June 16. Each governing board wili decide whether to adopt the
200
81 t 4/2007 2:17 PM
leport tackles problem of crowded schools - SigllOnSanDiego.com Arc..,
http://pqasb.pqarchi ver.comisandiego-subiaccessi3 3 S020281.hlmt?dids..,
7
recommend-atlbns,
Bruce Husson, chief operating officer for the Sweetwater district, said communication between the community, the city
and the school disiricts has already improved. Further. Sweetwater is finishing a iong-range faclltties master plan that
will inciude much of the information the task force is seeking. The report is expected to go before the school board in
July, Husson said.
Reproduced with permission of the copyright owner. Further reproduction or dlstrlbulion is prohibited without permission.
8il4i2007 2: 17 PM
3of3
:usjoesses look to spark development I Evolution has been slow on 3rd...
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8
Businesses look to spark development I Evolution has been slow on 3rd Avenue in
Chula Vista
[6 Edition]
The San Diego Union - Tribune - San Diego, Calif.
Author: Amy Oakes
Date: Nov 20, 2003
Start Page: 8.1
Section: LOCAL
Text Word Count: 1079
Document Text
CHULA VISTA '- Not much seems to change along Third Avenue In downtown. SMps come and go, but its evolution
Into a hoped-for Gaslamp Quarter of South County has been slow ~ very slow.
City officials Can point to some successes, but the heart of Chula Vista beats faintly. Some say the city should step
aside and let 8 private agency try to attract restaurants, boutiques and clubs.
"They have to do something here," said Carl Rosenbaum, who has worked downtown for Seven years. "If you ever corne
down here, you wouldn1 even know It's a downtown, It looks like a gMst town."
A group of 1 0 local business leaders believes the c,ty should create a nonprofit development corporation to spur
downtown redevelopment. Known as the Urban Development Committee, the group fomled about a year ago and
funded most of a stUdy to explOre Its contention.
Mayor Steve Padilla said the City Council will consider the study early next year. He has asked a consultant, city officials
and some UDC members to examine further the nity's redevelopment options. Their findings will be presented to the
council.
"Ultimately, you'll see some modification of what we're doing now," Padilla said,
During his mayoral campaign, Padilla taiked about the nead for a private group, similar 10 San Diego's Centre City
Development Corporation, to lead the redevelopment effort.
Since the Redevelopment Agency was created in 1972, it has faiied to attract major private development downtown,
Padilla cited the success of San Diego's CCDC, created in 1975, as a role model for cities.
Chula Vista officials have lOng envisioned creating the city's own Gaslamp Quarter on Third Avenue. But their efforts to
bring in upscale restaurants and Clubs have fallen short.
"I'm simply saying that what we have done In the past hasn1 produced what we've desired," Padilla said.
Business leaders said they, too, are frustrated by the slow progress of downtown redevelopment.
"There are some things we feal that could be done that aren't being done," said Jerrold Siegel, a UDC member and
preslclent of Peartreas Catering.
Organizing resources
Although city officials and business owners may be reluctant to discuss specifics, others, demit hesitate to offer opinions.
Rosenbaum said that if the city wants a thriving downtown, It should only allow restaurants, stores end nightclubs on
Third Avenue. Instead, he said; businesses such as dentist atTicss continue to open.
"They don't bring people downtown at night," he said.
Siegel said he doesn"t want to dwell on what COUld have been. He wants to focus on generating new interest in urban
development. Chula Vista has long been a bedroom community of San Diego, he said, and only since the success of
Eastlake have developers reaUy taken an interest in the city. Even the older neighborhoods have attracted
redevelopment projects.
Slegei said the city can~ concentrate all of Its resourceS on downtown. The proposed development corporation,
however, GOuld focus entirely on bringing developers downtown.
"It's really e bridge between the city and developers," Siegel said.
The UDC hired Keyser Marston Associates to study the best way to redevelop the city. The city agreed to provide
$15,000 for the study, and the UOC \Jsed part olthe $80,000 1\ raised for the resL
I "f3
8/1 5/2007 II :52 AM
lsin.esses look to spark development ~ Evolution has be.en slow on 3rd.'S
http://pqasb.pqarchiver.com/sandiego..subJaccessI4S~29S7 41.l1tml '((\Ids...
The study analyzed the number of city staff members devoted to redevelopment projects and the hours they worked, as
w~1l as projects under way.
In its repert, Keyser Marston recommended that the UDC pusl' for the creation of a nonprofit development corporation
that would advise the council. The council would continue to serve as members of the redevelopment agency and would
have final approval on projects.
Siegel said the corporatIon's board would be appointed by the council and each member would represent a
development expertise, such as architecture or finance. The corporation would be funded with redevelopment agency
revenue, including taxes, developer deposits and other fees and reve(lue.
The corporation, which would not own lend, sell bonds or borrow funds, would staff and implement downtown
redevelopment projects and programs, working with private Investors.
A stepped-up effort
C~y officials and business owners have talked for years about revitalizing downtown. In recent months, city officials
have stepped up the effort.
The Community Development Department is wor1<ing on an urban-core plan that would create design guidelines for
projects and speed the pem.i! process The plan Is scheduled to be completed in about a year.
With a clear picture of what Chula Vista wants, crty officiais say it will be easier to attract developers.
The city has had several successful redevelopment projects, such as the Gateway office buildings at Third Avenue and
H Street. The first building is nearly full and the next is scheduled for construction earty next yeaL
Other projects Include a facade renovation program, which provides money to businesses to improve their storefronts,
and urban in-1I11 projects, which will add more homes downtown.
Commission struggles
While the city ponders ~s redevelopment future, the Economic Deveiopment Commission, which advises the City
Council about economic development, appears to have iost its charge. Since April, three of the nine voting member
seats have been vacant, making it difflcutt to have a quorum for monthly meetings. A fourth seat has been vacant since
March when Commissioner WUliam Hall, a Navy reservist, reported to active duty. The commission did not ask to
replace him.
Since July 2002, seven meetings have been canceled, according to city records.
"They heve broke the EDC (Economic Development Commission)" said Ramln Moshiri, who has served on the
commission since August 2001. "It's not worth being there."
COmmission chairman Russ Hall said he was told that the commission's future role is uncertain as the city explores the
creation of a development corporation, He said the r.ouncil plans to discuss the commission's goais and focus within the
next few weekS, Some of the commission's duties to attract commercial development may overlap with those of a
development corporation.
"It's not the fautt of anybody," Hall said. "We just fall through the crackS."
Sandy Aros, who hes wor1<ed on Third Avenue for 20 years and lived there for 10, seid 8tJe thinks something needs to
happen downtown. When the pharmacy closed earlier this year, she said, people iost a pepular casual gattJerlng place.
She spends a lot of time walking along Third Avenue and is always hearing rumors about Shops and restaurants
opening. But those businesses rarely materialize.
"I hear lots of stuff," she said. "But, r m not seeing anything."
Amy Oakes: (619) 498-6633: emy.oakes@uniorrtrib.com
Credrt: STAFF WRITER
Reproduced with permiSSion of the copyright owner. Further reproduction or dl$tfibulion is prohibited without permission.
-."-------.--..,,.......-.-....-.-..."..-....'..--......-........._-_.....,-~_..,,_._._-.._-_...~_...-_..._~..'''_.._."-_.._---_..~----_.-
Abstract (Document summary)
Mayor Steve Padilla said the c~y Council will consider the study early next year. He has asked a consultant, city officials
and some UDC members to examine further the city's redevelopment options. Their findings will be presented to the
council.
[Jerrold Siegal] said he dOMn't want to dwell on what couid Ilave been. He wants to focus on generating new Intorest in
urban development. Chula Vista has iong been a bedroom community of San Diego, he said, and only since the
811512007 1\ :52 AM
2 DO
,us:ihesses look to spark development I ,t~,vOlllnOI1 nas Qt.."en SlOW on .11Uuo 8 l1Lt~'oll J!"'i....:l~'>t''-j........."..... ,-~..~~ --_u_.-;e:.- --,~.~-
success of EaStlake have developers really taken an interest in the city, Even the older neighborhOOdS have attracted
redevelopment projects 0
The UDC hired Keyser Marston Associates to sh,dy the best way to redevelop the city. The city agreed to provide
$15,000 for the study, and the UDC used part of tile $80,000 it raised for the rest.
Reproduced with permission of the copyright (lWrteL Further reproduction or distrIbution is prohibited without permission
30f3
&115/200711:52 AM
9
10
Si!JU2~.com
I ~ Click to Print I
County official's wife aims to serve
Cox: Chula Vista needs 'open' mayor
By Shannon McMahon
STAFF WRITER
February 22, 2006
~@PRINTTH'S
SAVE THIS I EMAIL THIS I Close
CHUIA VISTA - Cheryl Cox, a trustee for the Chula Vista Elementary School District, yesterday announced her
bid to become mayor.
Cox, 57, will run against incumbent Mayor Steve Padilla, Councilman Steve
Castaneda and local businessman Ricardo Macias in the June election.
Cox said she believes the city needs a leader who is more "open" and "accessible."
She said Padilla's management style has undermined public trust.
"I never thought I would be in the position to raise my hand and say, 'I want to be
your next mayor,' " Cox said. "I'm doing this for one reason: to restore trust in local
government."
Cox criticized the mayor's hiring of a personal bodyguard; his appointment of
Councilwoman Patty Chavez; his acceptance of a stipend for serving on the Chula
Vista Redevelopment Corp., which has not met; and his handling of the failed
Espafiada project, which called for two luxury high-rise condominium towers on H Street.
Cheryl Cox
"I think this is a bit of an overreaction to having your reservation deposit at the Espafiada high-rise
condominium canceled," Padilla said of Cox's decision to run. "Chula Vista is better off than it was four
years ago, and I don't think we want to go back."
Cox said she had reserved a space in the Espafiada towers as a p lace for her daughter to live.
Cox, a Republican, is the wife of former Chula Vista Mayor and San Diego County Supervisor Greg Cox.
She has 30 years of experience as a teacher, principal and administrator in South County, and briefly ran the
private Harborside School in downtown San Diego.
"I have believability going for me," Cox said. "People know me. If enough people believe in me, I'll be No.
I."
Cox first entered politics in 2000, when she was elected to the Chula Vista Elementary School District board.
In that race, she received endorsements from the Chula Vista police and firefighters unions, then-Mayor
Shirley Horton, former Councilwoman Patty Davis, Chula Vista Elementary School District Superintendent
John Vugrin and her husband.
In the race for mayor, Cox has not yet received endorsements.
10
In addition to serving on the school board, Cox has run a government and education relations consulting
company since 1995. Her company's projects include working with school administrators on teacher
improvement plans, getting schools accredited and helping developers through the permit process to get
projects built.
Cox, who is expected to receive endorsements from local developers, criticized Padilla's "back room"
handling of the Espafiada project. Padilla originally supported the project but later withdrew his backing
during a closed-door meeting with Espafiada developer Jim Pieri. At that meeting, Padilla gave Pieri a
pre-written letter to sign that said he would not develop the site.
Citing pending litigation, Padilla and City Manager Dave Rowlands refuse to say who wrote the letter and
why the issue was decided abruptly and without public knowledge.
Through his handling of the divisive issue, Padilla "has made it very precarious for the next developer
looking to come to Chula Vista," Cox said.
Pieri attended Cox's mayoral announcement ceremony, but said he had not decided whether to officially
support her campaign. Members of Crossroads, a community group that opposed Espafiada, also attended the
event, saying their focus was opposing Padilla rather than supporting Cox.
"We're just so anxious to turn over the city government and to get Padilla out," Crossroads member Peter
Watry said.
Cox said she questions the mayor's hiring of a personal bodyguard, saying Padilla should have made his
colleagues more aware of safety threats if there were any. Although he is no longer protecting Padilla, the
bodyguard is still on the payroll as the city tries to terminate his contract.
.Shannon McMahon: (619) 498-6634; shannon.mcmahonlaluniontrib.com
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12
Officials propose nonprofit agency I Redevelopment aim is to lure businesses
[1,6 Edition.1
The San Diego Union. Tribune. San Diego, Calif.
Authot: Amy Oakes
Date: Aug 26, 2004
Start Page: B.1.6
Section: LOCAL
Text Word Count: 1544
Document Text
Editions vary
CHULA VISTA _. Tired of warting for trendy restaurants and boutique shops to arrtve, locai officials want 10 create a
nonprofrt corporetion to take control of redevelopment. But they want to do It without giving up too much of tI1eir power.
Their plan is to help run tI1e agency by sitting on the corporation's board, a prospact that worried some business leaders
behind the organizing effort. They Ilad hoped for a development corporation independent of City Hall.
City officials haven't determined the composition of the corporation. They plan to present a draft proposal to the City
Council in October.
The proposal is expected to nscommend that the corporation be staffed by crty employees and that members of the City
CouncU serve on the group's board of direclol's.
"It's not going to be exactly like San Diego's Cantre City Development Corporation," said Mayor Steve Padilla, who
campaigned two years ago on the need to creete an outside agency to spur tI1e city's redevelopment. "It's going to be
sometl1lng unique to us."
San Diego's CCDC operates indepandently, with its own steff and board of directors. Padilla said Chula Vista would be
beller served with e nonprofit corporation connected to City Hall.
He said the corporation's board will be managing a large amount of city revenues and doveloping projects in the city's
entire redevelopment aree, about 11 percent of Chula Vista, and he believes elected leaders need to retain some
control.
"You have to ba acoountable to the voters," Padilla said.
Councilwoman Mary Salas said it will be Important for the ctty to maintain oversight of the day-to-day operations of tI1e
corporation, citing recent prOblems In the city of San Diego.
In July, San Diego City Councilman Michael Zucchet questioned why he wasnt consulted about projects done by the
CCDC in hiS distrtct.
In anotl1er Instanca earlier Ihis year, aud~s revealed executives of city of San Dieg(}-owned Data Processing Corp.
spant lavishly on meals and retreats. The executive director of tI1e nonprofit corporation, which provides computer and
telecommunication services, resigned a short time later. A new board of directors was named.
Salas said she isn't sure a corporation is needed but would be open to creating one, depending on how it will oparate.
The city's Community Development Department oversees redevelopment efforts.
"I'll support it ~ it makes sense and ~ the bylaws ana something I can agree with," Salas said.
The council waS scheduled to vote 10 creete the organization this month, But the proposal wes pulled fiom tI1e Aug. 3
agenda after local business leeders complained that city officials would have too much say In running the agency.
When the original report, released in July, began circuleting in the tlusiness community, Padilla and other city officials
heard grumblings about Ihe proposed structure.
Padlil$saidsomi> mi>mtl<:lrsoftl1eOOl1'1I1lillee, which wascreateqto 11ushf",r'ldE>vllloprn"nt corporation; wariledan
agliincysimilar to San Diego's. Their drive to have aboerd indepahdent of the council "raised some r"dflags,' he said.
"It beCllmeah Issqe that is not about Clur goal," Padilla said. "It became so~\elhii\g ~Is", som~tI1ing political."
Merripeh;ofli1egtoqp, known as the. Urban OevelopmerHCornmiltE>e, downpl$YE>d their oonce",s, refefring lJorr\ments
loOhalrmen .Chflsle"'IS, The committee chairman said little about any disagreement with the city, only.jhetdifferences
wi9,ebeing sel:tled.
Member Jil1\Pie";, alo~.aldeveloper, resigned in a letter dilled Aug.9t1D Lewis. Pier; wlnte, "ReceriteventsN.ve
8/1512007 t2:16 PN
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)1Iicials propose nonp.rotIt agency j KOOeVe.l.Opment mm IS to .Iun; Vll::illJ.,.
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12
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rE!$$,(;jn.$.for:'tT1y-'Uttlmate-'t.~,fPC:i$lori. .prhi-ate,;)O
f'1~rl~$911.lilldt9~1"i'!Qr$t!\()r911$r hl'rVieWliOh hoW 111$ .(JqrpOrEltl.9h"hOQlqQrJ$t~t(j;He~~ldln 'an,lht$tvlewth"flhe
commltl]\~t$$eatched' variQ~~oplltins for ttl~ corporation's struC[ul",asitwasia~kM 10 do.
"NOwil'suptothem 10 nnlsh," Pieri said,
City offlclal$ ate looking at IlVlne'$ Orange County Great Park Govemanca Corporation a~ a model. The nonprofit
corporation was created la$t year to overoee redevelopment of the ClosM EI T oro Marine bas. into 4,700 acr.s of
parks, homes and buslnesse~,
The board is made up of Irvlne'~ five City Council members and four people from the region. Originally, there were to be
two council members, said Dan Jung, the corporation's director of strategic programming.
But some voiCed concern about publiC overolght and accountability of the nearty $400 million In developer fees and
bonds projected from the projecl The council lhen changed the board's composilion,
''They felt there should be greater oversight by the City Council," Jung said.
Chula Vista's interest in creating a development corporation hes been brewing for years, especially as past attempts at
redevelopment have fallen shorl City officials have long envisioned the bay front and downtown as attractive destination
sho~, hotels and re~taurants, but have made little progress,
Councilman Jerry Rlndone said CRY redevelopment officials have waited for developers 10 come when they should have
been trying to entice them. He cited as an example their failure to find a developer for the former leader department
store on downtown's 3rd Avenue.
"They haven't been as aggressive as they should be," Rindone said.
Padilla said the corporation is part (')f an overall -city effolt to boost redevelopment since Ile took office In December
2002,
The cfiy hired Laurie Madigan later that month to lake over as director of community deveiopment She eventually
overhauled the department with a new organizancnal st,uG1ure and staff members,
This year, the department censolidated and expanded its redevelopment areas 10 cooroinate planning efforts and have
a larger pool of tax-Increment revenue. 1\ is currentiy creating a iend-use plan to guide development of the downtown
area.
"You've got to set the table before you open for business: Padilla said,
E:lected officials had to make change~, Padilla said, because the city's Redevelopment Agency is going broke,
The agency, formM in 1972, relies on tax..lncrement revenues, which are generated when property vaiues in
redeveloped areas increase, A portion of that increased tax revenue is reserved fOr the redevelopment agency.
A city report shows lhat in fiscal 2005, the agency could face a $978,091 deficit because there won't be enough tax
Incremenl to cover costs. The deficfi is projected to increase to $2.2 million the following fiscal year,
City Finance Director Maria Kachadoorian said the figures are based on conservative estimates for tax..incrernent
revenue and worot" case scenario projections for the amount of local money that will be shified 10 the state.
''This was the best estimate I could make based on what I have at the time: Kachadocrian said,
Finance officials cite several reaSons for the- agency's financial woes, ranging from higl1er administrative costs to money
lost when" was used to balance the stale budget. But most sfartfing to some council members was the agency's
investment in planning studies and public projects over the years.
Those projects. such as $3,5 rniUlon for the Chula Vista Center parXing garage, failed to generate tax revenue.
"We've got to get a better return on our investment," Councilman John McCann said. "The projects. have been nice, but
they haven't given us a return on our investment...
Councilwoman Patty Davis said the department also was hampered by having to juggle different duties, A development
corporation, she said, wouid be devoted to attracting private inve~tment.
"Their plate won't be so divided, n she said. "They will have the time to go out and attract the type of businesses we
want"
Padilla said the corporation's board could include four people with expertise in areas such as financing, as well as
council members. The board memberS could give the corporation and city "instant credibility in some circles," he said.
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)fficials propose nonprofit agency I Redevelopment aim is to lure basin...
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12
Padilla said the corporation could also process projects faster, making the city more attractive to prtvate investors.
Instead of having to get approval from separate commissions. such as Planning and Design Review, Padilla would like
the corporation to handle those issues with one or two public meetings.
"You have a process that is streamlined," he said. "You don't want a project applicant to have to go to five diffi9rent
publiC hearings.
"It's all about being user friendly."
The council, acting as the Redevelopment Agency, would have final approval.
The money tc create and maintain the corporation would corne from tha city's general fund until the agency's
tax-Increment revenues could cover ongoing costs. The cost has yet to be determined.
Although tha details regarding how the corporation will be structured are stiil being finalized, Padilla said ha is
commilled to the agency's creation.
"We're going to get it done and do whars best for tha city," Padilla said.
Amy Oakes: (619) 498-6633; amy.oakes@uniontrib.com
[Illustration]
o PICS; Caption: 1. A parking garage mirror reflected the Gateway Building on H Street in Chula Vista as construction
for tha Gateway Ii project continued neamy. (Ed. 6) 2. Belly Peraita (far rtght), manager of the Capri Villa apartments,
watohed with har grandson, Corey Peralta, as construction work continued on the Gateway II project on H Street in
Chula Vista. (Ed. 1) 3. A bicyclist rode by the Gateway Building on H Street in Chula Vista. The city Is considertng
creating a nonprofit redevelopment agency to allract businessas. (Ed. 1); Cradit: 1,2,3. Dan Trevan / Union-Tribune
Credit: STAF'F WRITER
Reproduced with permission of the copyr\ght owner. Further reproduction or distribution Is prohibited without permission.
...."..__,._.,~__._ ,_,,_..___m._"'.____. ".+_...M_....~._____".".
Abstract (Document Summary)
.m"_'.____.__~__..._,."..,....." . ...... ------ .. . ""'""".--..----.
San Diego',; CCDC operates independently. with its own staff and board of directors. [Steve Pedilla] said Chula Vista
would be better served with a nonprofit corporation connected to City Hail.
o PIGS; 1. A parl<lng garage mirror reflected the Gateway Building on H Street In Chula Vista as construction for tha
Gateway II project continued neemy. (Ed. 6) 2~ Berty Peralta (far right), manager of the Capri Villa apartments, watched
With her grandson, Corey Peralta. as construction work continued on the Gateway II project on H Street in Chula Vista.
(Ed. 1) 3. A bicyclist roda by the Gateway Building on H Straat in Chula Vista. The city Is considering craating a
nonprofit redevelopmant agency to attract businesses. (Ed. 1); Credit: 1,2,3. Dan Travan / Union-Tribune
"eproduced with J)Elrmlsslon of the ctJpyright owner. Further reproduction or distribution is prohibited without permission.
8/15/200712:16 PM
30\'3
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13
Rising downtown towers give rise to debate in Chula Vista
[6 Edition]
The San Diego Union - Tribune - San Diego, Calif.
Author. Amy Oakes
Date: Nov 20, 2004
Start Page: e, 1
Section: LOCAL
Text Word Count 1636
Document Text
___....__..__"._____'.~___.._..,."_._,...,,"...._..._,.___.__M._'._~._"......... ,
CHULA VISTA -- Almost daily. the Peraltas hike to the top of a nearby parking deck and watch their downtown
netghborhood transform.
From their fronHow seat, they have seen the rise of the first of three upscale office and retail buildings. The
347,000-square- foot complex, known as Gateway, will eventually cover the northwest comer of H Street and Third
Avenue where a lawn mower store and other businesses onCe stood.
As construction begins on the second phase, the developer is pushing plans to bllild two 14-story IUXllry condomlnillm
towers next door. The towers, called Espanada, would be the city's tallest bllildings and wOllld replace small apartment
complexes, a parking lot and some businesses.
"It's a good thing," said Betty Peralta. who has lived wtth her husband John in an apartment complex behind Gateway
for 16 years. "Ifs scary at first, but. you know, it's progress:'
Elected ctty leaders for years have talked about the need to pump life into Chula Vista's struggling downtown. eLll now
they face the question: Is the ctty ready for a $100 million high-nse project?
Espanada would bring upscale living to the atty's aging west side and p(,tentially serve as a catalyst for redevelopment.
The developer, Jim Pien, and other supporters say the project wollld attract other restallrants and shops downtown,
fulfilling the ctty leaders' vision of turning Third Avenue into the Gaslamp of South County. The project Includes retail,
office and restaurant space,
ellt it wollld come at a considerable cost, especially to the surrounding neighborhood, including Peralta's Rooseven
Street. Skeptics say the project will pllt more cars on already congested roads, that it will displace residents and that it is
too massive for the area.
These are just some of the issues city officials will grapple with in the coming weeks. The Planning Commission is
scheduled to consider the project Dec. 8, and the City COllncil the following week.
The plans call for two 14-story towers with 100 condominiums in each as well as an additional rooftop pool and
underground parking. There would be 16 three-story townhomes along the roadway entering the stte. 13,000 square
faet of retail space and 8,600 square feel designated for a restallrant.
Tha project would not only kick-start redevelopment. said John Moot, an attorney for Pieri, it also wOllld financially
benefit Ihe city. Based on the developer's analysis, the project could generale $1 million annually in redevelopment
revenUe from increased property values. A portion of that revenue goes to the city.
The developer also wOllld have to pay more than $3.3 million in one-lime deveiopmenl fees for public services, schools
and parks, Moot said.
The project has gone before the city's Resource Conservation Committee and the Design Review Committee. Both
commissions -- made lip of residents appointed by the cOllncil- have voted againstlhe project.
City officials have held several public informational meetings, From the start, Espanade has generaled much debate in
the communtty.
Traffic issue
Some who live on Rooseven Street, which would serve as the entryway for tower residents, say their narrow
neighborhood street can't absorb more traffic,
"This is already a racetrack," Peralta said. "n might get worse wilh those buildings."
Moot said the devek)per is working with city engineers to ensure the roads can absorb the traffic. The project proposes
to widen a portion of Roosevett Street near the yel-lo-built access road, he said.
Some residents havs expressed concern about how fast the project is proceeding.
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8/15/2007 1 :28 PM
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For months __ well before tI,e project was scheduled to go before lhe council for approval - Pieri has been soliciting
future tenants, He created an -interest list, took deposits and advertised the project on billboards, local publlcaUons and
on the internet.
John Chave1., a member of the Resource Conservation Commission, said his group thought Espanada should be
coordinated with the urban core specific plan, That plan, which is being drafted, creates overall development guidelines
for Chuia Vista's urban area, between interstate 5 and Dei Mar Avenue and C and l streets,
The plan, which will include an initial environmental impact report, should streamline development with the goal of
attracting more investment, officials say.
The completion of the plan is linked to the General Plan update, which is also under way. The Planning Commission
and council are expecting to hold public hearings on the update by March 2005,
Moot, the developer's attorney and a former councilman, pointed out that both land-use plans were supposed to be
completed this past summer and this fall, respe(,1ively,
Zoning changes
Under the current General Plan, Pieri would need zoning changes to build his project. Pieri's plans were based on the
updated plans allowing for higher density in parts of downtown.
'We want to buiid a project that Is in sync with the General Plan update," Moot said,
Several City Council members have expressed conr.ern about the project proceeding before the city completes Its
General Plan update. But they are quick to say this type of residential development is needed to spur redevelopment
downtown,
"There will be places In the plan for concepts like Espanada," Mayor Steve Padilla said.
Even though the land-use plans are a few months from being finalized, Pieri plans to proceed, He and his investors
have already put $10 million in the project, Moot said, noting that a delay could lose investors, and there are more than
1 ,000 people on the interest list.
"We live in the real world," he said. "People aren"l g()ing to wait forever."
Pieri also Is stili trying to acquire the land needed for the project, which is spread over nine parcels, Most of the
properties needed for the initial stages of the project have been acquired or are about to be sold.
However, tVl/O have resisted,
Theown~r ofa 28'unit aparll'n8nt complex onH Street has no ihtention of seiling and neither does Frencisco Flores,
who owns three homes along Roosevelt Street.
Flores said he is being pr<3$$ured to sell. He s;ald a rellresenlatiVe frQrn Pi.,i's M()untain west real estate company has
visitedliim repeatedly and sent hil" ietters, offering increasing amoullts Of ,"oney.
Flores seid he became concerned when tM letters hinted at his being forced \rom his property by the city,
Ml!ot $llidthey will continue to work with the property owners, The project could be altered around FlOres' prop.erty, M
sajd. Yilt,unlikeFlores' properly, the apartment complex failS within thecltYs r~d"velopment area, The city could
~xercise lis emi""nt- domalhauthc>rity and force th~ owner out.
ThilCity Wouid pay marl<.et.value for the property, as weil as provide ",Iodetiol\ essistence. Moot said the developer
woUld most likely pill' more,
"Wedoh~went to go through emlneritdomain," he said.
Known entity
Pieri is a well-known developer in Chula Vista and considered a pioneer in the clty. Some doubted Gateway would
attract tenants, but it did,
Pieri said he has planned an Espanada"type project for years, but waited until the market was right and until he believed
the city was ready, Ha submitted plans in July 2003.
Although some conSider Pieri visionary, others question his tactics. In his effort to show city officials he has community
support, he recently sent paid signature collectors out with petitions,
Councilwoman Mllry Salas said while shopping at Albertson's at Third Avenue and J Street, she was asked to sign a
petliicn In support of affordable housing, When she read thepetliion, she said, she realized it was a petition supporting
Espanada, whose condominiums are expected to sell for $350,000 to $1,8 million.
811512007 I :28 PI
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ising downtown towers give rise to debate in Chu1a VIsta - ~lgnun.:'Jilll."
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13
"A lot of people were iust signing ~," she said.
Selas sent a memo to Pien and to her cOlieagues on the council. She said her main concern was that people were not
reading the petitions they signed, She said she has since been informed by a compeny doing pUblic relations for the
project that the signature r.oliectors have been advised to be more explicit about the project.
Ultimately, the City Council will make the final decision. By that time, the council wiil have a new member. Planning
Commissioner Steve Castaneda will be sworn into office Dec. 7, replacing Salas, who will be forced out by term limits.
"This is prObably the hot-button issue of the year, 50 farj II Councilman John McCann said.
If the council approves the project In December, Pieri could obtain building permits by spring. Construction of the first
tower is expected to take 15 months, meaning the first tenants could move in as earty as fail 2006.
In the meantime, the Peraltas and their neighbors are contemplating change. Peraita's husband, John, said Ihe council
will face a tough decision when Espanada goes for approval. Not everyone will support the project, he said, but he
thinks it will be good for the cUy. It will attract more business and, he predicts, the surrounding area will improve,
"So many years, this town has stood around and not done anything," John Peralta said. "We think this progress is
great. II
Amy Oakes: (619) 498-6633; amy,oakes@uniontrib,com
[Illustration)
1 PIC 11 GRAPH 11 MAP; Caption: 1. The city of Chula Vista offers thiS concept of tl.e Espanada Tower project,
proposed for the corner of Third Avenue and H Street It is to be part of a 347,000-square-foot complex, known as
Gateway, which is rising where a lawn mower store and other businesses once stood. 2. Chule Vista's tallest lowers -
The proposed Espanada project offers two luxury condo towers with 100 units each, 16 townhomes, 13,000 square feet
of retail space and 8,600 square feet of restaurant space on 4.2 acres. The towers will be Chula Vista's tallest
structures. Here's how Espanada will compare to other local buildings. 3. Proposed Espanada resldentiaU commerciai
o.omplex; Credit: 1, Courtesy photo 2.3. SOURCES: City of Chula Vista; Paonica Companies; Project Design
Consultants 1 PAUL HORN / Union- Tribune
Credn: STAFF WRITER
~eproduced with permissiOf't of the copyright owner. Further reproduction 01' distribution Is prohibited without permiSSKm.
Abstract (Document Summary)
1 PIC 11 GRAPH 11 MAP; 1. The city 01 Chula Vista offers this concept olthe Espanada Tower project, proposed for
the corner of Third Avenue and H Street. It is to be part of a 347,OOQ-square--fool compiex, known as Gateway, which Is
rising where a lawn mower store and other businesses once stood. 2. Chula Vista's tallest towers .. The proposed
Espanada project offers two luxury condo towers with 100 units each, 16 townhomes, 13,000 square feet of retail space
and 8,600 square feet of restaurant spece on 4.2 acres. The towers wlli be Chule Vista's tailest structures. Here's how
Espahada will compare to olt..r local buildings, 3. Proposed Espanada residentiall commercial complex; Credit: t.
Courtesy photo 2,3. SOURCES: City of Chula Vista; Pacifica Companies: Project Design Consultants I PAUL HORN I
Union- Tribune
Reproduced with permission of the copyright owner. F'urther reproduction or distribution is prohibited without perrrtis$kJn.
300
8/ t 5/2007 I :28 PM
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14
H61(iout stands ground I Property owner feels pressure to sell over proposed condo
d,velopment
[?i6, 1 Edition]
The San Diego Union - Tribune. San Diego, Calif.
Author: Amy Oakes
Date: Dee 23, 2004
Start Page: 6.1.1.6
Section: LOCAL
Document Types: INTERVIEW
T ex! Word Count: 1252
Document Text
Editions vary
CHULA VISTA __ Francisco Flores Ignored the letters asking if tIe wanted to sell his homes on Roosevelt Street. And he
only helf- listened to the reai estate agent who carne knocking On his door one day.
Local developer Jim Pieri Is pushing plans to build two 200-foot- high luxury condominium towers and 16 town houSes
on land that Included Fiores' homes. Pieri made it ciear he wents Flores' property for his project, but Fiores dldn1 really
care all that much.
It wasn't until Flores received a letter - a "'DPY of correspondence between Pieri end the city - mentioning the city's
ability to take property by force In redevelopn',ent areas that he started to worry.
"When he (the real estate agent) gave him the letter, he started to pay attention," said Flores' son, Alex, who was
translating for his father. "It mentioned eminent domain."
While many of his neighbors have agreed to seil, Flores is one of ti,e few holdouts. He has no Intenuon of seillng the
15,Ooo-square- foot lot where his family lives.
The city has no legal authority to take his property, a point city officials ciarified after Flores saw that initiallelter. Stili,
Flores is feeling increasing pressure to clear out.
Pieri's attorney John Moot says it's unfair to cast the deveioper as Goliath to Flores' David, as some in the community
see him. Those people, Moot said, are against the project and may be using Flores as a "pawn" \0 block it.
The debate over Espsnada is just beginning, Supporters argue it is needed to jllmp.-start revitelization on the west side.
Opponents say ItlEl planned 15-sk>ry towers are too high and will bring too much traffic to already congested roads.
The City Councii was scheduled to vote on Espanada this month. But council members decided to wait until after the
general pian update is done.
lhat update, expected in March, will allow for hlgh-denslty residential development where the proj...ct is proposed.
Currently, the project would require a zoning change before it couid be built.
Pieri stili needs to acquire some of the land for the 4.2,acre project at the northeast comer of H Street and Fourth
Avenue. He has bought or is about \0 buy most of the property for the initial stages of construction.
All the properties except one _ Flores' _ are in Chula Vista's redeveiopment area. In a redeveiopment area the city has
the authority to use eminent domain _ pay market value lor the land and reiocation expenses -, but It is often used as a
last resort and needs to pass legal standards.
Along with Flores, the owner- of a 28-unit apartment complex on H Street has said he does not want to sell. The
compiex, however, is more vulnerable because it's In the city's redevelopment area.
Fair treetment?
From the start, Flores said he has not been treated fal~y.
About eight monthS ago, Flores said he started to receive Iatlers from Pieri's Mountain West real estate company with
offers \0 buy the property. When he didn't respond, a Mountain West representative started showing up at his home.
"One time, my dad kicked him out." Alex Flores said.
The first offer from Pieri, Alex Flores said, was for $400,000. The offers have since incrassed to more than $700,000.
He said Plert also has offered alternative properties - some smalter than the one his father owns.
Francisco Flores, through his son, said he countered with a $2.5 million selling price, with the intention of ha~lng Pieri's
811512007 1:37 n
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foldout stands ground I Property owner feels pressure to sel.1 over pfOpO..,
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14
efforts.
"I don't want to sell: Flores said. "We're established:'
Flores, who speaks predominantly Spanish, said that early on, Mountain West representative Nick Ross talked about
the city's ability to use eminent domain. Flores said Ross gave him a copy of the Feb. 9 letter from the city to Pieri
discussing the Espanada project. tt detailed the process by which the crty could condemn properlies for the project.
Ross also sent Flores a letter In May stating that eminent domain may be used to acquire properties "required" for
Espanada. It then stated, "Your property is one that is required for the project and for that reason I have made efforts on
numerous occasions to make you aware of the project, and have made offers to you for the purchase of your property,"
Ross wrote,
Flores' fear mounted when, in June, the city's Community Development Department sent him a letter stating that his
property was in Chula Vista's redevelopment area and that the Espanada project had been proposed in that locaijon.
Two days later, city officials sent him a clarification letter, saying they had made a mistake.
Flores tOOk his concems to the Planning Commission at lis Sept. 22 meeting. By then, members of Crossroads II, a
community actiVist group that voiced some objections about the Espanada project, had been helping him. They set up
meetings with city officials for him and read Qverthe letters he had received.
"They were intimidating him with the use of eminent domain," said Gerald Scott, a member of Crossroads II.
Moot, Pieri'S attorney and a former councilman, said the letters to Flores never actually stated that his property could be
taken by eminent dorl)ain, But, he said, he did recommend that Flores ''talk to an attorney who specializes in eminent
domain."
'Critical issue'
Don Kramer, the project manager for- Espanada, said the city is looking et ways to acquire the Flores property. In
October, Kramer sent an &-nisil to Ken lee, a community development specialist for the city, aSking if city officials had
discussed expanding the redevelopment area.
"This is a trftical1ssue as it impacts the Flores property on Roosevelt Street, as well as future projects under
consideration," Kramer wrote.
However, Lee and other city officials said they are not currently looking at expanding the redevelopment area, or
acquiring the Flores property.
"This is between Mr, Flores and Mr. Pieri," said Dana Smith, assistant director of community development.
Moot said Pieri is still trying to buy the properties. Property negotiations ror Gateway, an upscale office and retail
complex next to the proposed Espanada site, were more difficuK, Moot said.
In the end; Moot said, Pieri acquired the needed land privately. Moot said in most cases property owners fare better
dealing with a private buyer than going through eminent domain.
"We're quite confident and willing to pay more than fair market value," he said of the current hoidouts.
tf Pieri can't acquire the Flores property, Moot said, the project will be redesigned. Undor the current plans, Pieri wants
to build town houses where the Flores property is.
Still, Moot said, his client is committed 10 trying to negotiate with Flores.
But Flores is finm. He said he has his own plans for the prope.ty he bought 11 years !!go for $2t3,000. He has done
improvements over the years and plans to do more.
"My dad doesn't want to sell," Alex Flores said. "We like the area:'
Amy Oakes: (619) 498-6633; amy.oakes@unionlrib.com
[illustration]
2 PIGS; Caption: t. Francisco Flores locked over an empty lot next to his property on RooseveK Street In Chula Vista.
Homes once stood on the lot, but Ihey were demolished as part of a condominium projed proposal. Flores has refused
to sell his property to the developer. 2. Debate is beginning over the proposed Espanada condominiums. Some say the
project will help revllalize the neighborhOod. Others say It will bring traffic and congestion.; Credll: 1. Dan Trevan I
Union- Tribune 2. CIIy of Chula Vista
Credit: STAFF WRITlOR
ReprOduced wllh permission 01 the copyright owner. Further reproduction ot distr'ibution is prohibited without permisSion.
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8/15/2007 1,37 PM
,IdoUI stands ground \ Property owner reels pressure 10 sell over propo."
http://pqasb.pqarchiver.comlsaIldiegowsub/accesS/'/./Vtl~;) r:io 1.ntlU1 f(HOS___
Absl!'act (Document Summary)
Local developer Jim Pien is pushing plans 10 build two 200-foot- high luxury condominium towers and 16 town houses
on land that included Flores' homes. Pien made it clear he wants Flores' property for his project, but Flores didn't really
care all thet much.
Flores, who speaks predominantly Spanish, said that early on, Mountain West representative Nick Ross talkad about
the city's ability to us. eminant domain. Flores said Ross gave him a copy of the Feb. 9 letter from the city to Pieri
discussing the Espanada project. It detailed the process by which the city could condemn properties for the project.
[Pieri can't acquire the Flores properly, [John Moot] said, the project will be redesigned. Under the current plans, Pieri
wants to build town houses where the Flores property is.
Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibited without permission.
300
8/15/20071:37P
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18
October 4, 2005
Stephen c. Plldi11a
Mayor, City of Chuln Vista
276 Fourth Avenue
Chuln Vista, CA 91910
Dear ML Pac1il1a.
This is to notify. you that, effec;tive today, I am formally withclrawing my application for
the Espanada project, including my application for a general plan amendment (GP A 04-
(1), a rezone (pel 04-03), a specific plan (peM 04-04), design review (DRC 04-11) aud
certification of Environmental Impact RepOl1. 04-05.
!\ify dedsion to wit11t1raw the applicati.on is based upon my Goncem for the community
.and for the overall well-being oftbe City of Chula Vista. I realize this project has created
division in the comrrnmity. In decide to re-file an application, I will worle willi. the
Gomn!l.JI)ily and tIle concems raised by the citizens of Chllla Vista. .Using wise planning
and design principles as well as input front residents" I am confident that, should r decide
to re-file a newapplicatiol1" I can develop a project with broad based support
Please let me know ifyon)Jl.v.e-l!JJY L[aestions conGerning tlllS notification.
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Sincerely, ~
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FW: Espanada Demise
19
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20
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
November 1, 2005
4:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:17
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT:
Councilmembers:
Castaneda, McCann, Rindone, and Mayor
Padilla
ABSENT:
Councilmembers:
Davis (excused)
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATH OF OFFICE: Jerome Sandoval, Child Care Commission
Mayor Padilla announced that this item would be re-scheduled for a future date.
. INTRODUCTION BY DAN BEINTEMA, DIRECTOR OF THE NATURE CENTER,
OF THE EMPLOYEE OF THE MONTH, JOYCE REMP, REGlSTERED
VETERINARY TECHNICIAN
Nature Center Director Beintema introduced Ms. Remp. Mayor Padilla read the proclamation,
and Councilmember McCann presented it to Ms. Remp.
. INTRODUCTION BY POLICE CHIEF EMERSON OF NEWLY HIRED LATERAL
POLlCE OFFICER ROBIN DOWNEY
Officer Downey was unable to be present. This item will be rescheduled for the meeting of
November 15, 2005.
. PRESENTATION OF "EXCELLENCE IN GlVING AWARD" TO THE CITY
COUNCIL BY DONALD EPPS, REPRESENTATIVE OF UNITED WAY OF SAN
DIEGO COUNTY
United Way representative Epps presented the award to the Mayor and City Manager, who
accepted it on behalf of the City.
. VIDEO PRESENTATION OF 2005 MAYOR'S AWARDS FOR NEIGHBORHOOD
PRESERVATION
Mayor Padilla presented a video of the 2005 award recipients and introduced those who were
present in the audience.
ACTION ITEMS (continued)
II. REPORT; POTENTIAL EDITS TO THE DRAFT GENERAL PLAN UPDATE
REGARDING TRANSIT FOCUS AREAS
At the October 4, 2005 City Council meeting, the Mayor indicated his desire to have an
option before the Council for consideration as part ofthe General Plan Update (GPO) that
would provide for a maximum of mid-rise development for all of the property located
within the Transit Focus Area (TFA) at Third and H Street. Based on subsequent
direction from the pty Manager's office, staff has developed draft potential GPU edits
that could accomplish this, and would further clarify design considerations for
development within all TFA designated areas. Staff has prepared these edits for Council
review as an option to consider at the GPU hearing in December. (planning and Building
Director)
Councilmember Castaneda recused himself from participation in discussion on the item due to
activities of members of his family with regard to the Espanada project and pending a ruling
from the Fair Political Practices Commission. He then left the dais.
Mayor Padilla stated for the record that the Council had been provided with a copy of
correspondence addressed to City Attorney Ann Moore, dated October 28, 2005, from Attorney
Greg Vega of Seltzer, Caplan, McMahon Vitek with respect to Item 11. Mr. Vega, who
represents Espanada Chula Vista LLC, requested that the item be continued to provide him an
opportunity to study the suggested edits and provide input. Mayor Padilla clarified that the
proposed action at this time is to direct staff to prepare an alternative to be brought back for
Council consideration at the adoption hearing in December. Mayor Padilla stated that there was
sufficient time between now and December for Mr. Vega and/or his client to provide input, up to
and including testimony at the public hearing, on any suggested edits.
Advanced Planning Manager Batchelder provided an overview of the General Plan update,
including proposed edits to the transit corridor special study area, and responded to questions of
the Council.
Patricia Aguilar, representing Crossroads II, thanked and congratulated the Mayor for his
leadership on the issue and expressed hope that this meeting would mark a new spirit of
collaboration and cooperation between the.community and elected representatives.
Sharon Floyd spoke regarding an e-mail previously submitted to the Council in support of
designating the transit service area at Third and H Street for mid-rise rather than high-rise
buildings.
Earl Jentz, representing the Roosevelt Street Steering Committee, spoke in support of the
proposed edits and complemented the Mayor and City Council for being willing to meet and
listen to Chula Vista citizens. Further, he expressed hope that the groups and City would move
forward together.
Laura Hunter, representing the Environmental Health Coalition, expressed support for the
direction being taken on the proposed edits, the use of language including harmonizing change
and the vision of the Council. and the continued special planning efforts.
Page 7 - COWlciI Minutes
hnp:/Iwww.chulavistaca.gov
November I, 2005
ACTION ITEMS (continued)
ACTION:
Mayor Padilla moved to direct staff to bring back the proposed edits as another
GPU option to consider at the GPU hearing in December. Councilmember
McCann seconded the motion, and it carried 3-0-1, with Councilmember
Castaneda abstaining and not present in the Chambers due to the activities of
family members with regard to the Espanada project and pending a ruling from
the Fair Political Practices Commission.
12. CONSIDERATION OF ACCEPTANCE OF FUNDING FROM THE U.S.
DEPARTMENT OF JUSTICE'S OFFICE OF COMMUNITY ORIENTED POLICING
SERVICES FOR THE UNIVERSAL HIRING PROGRAM GRANT TO ADD ELEVEN
PEACE OFFICERS TO THE POLICE DEPARTMENT AND APPROPRIATING
FUNDS THEREFOR.
The Police Department has received funding from the U.S. Department of Justice's
Office of Community Oriented Policing Services to partially fund the hiring of 15
officers. The program will fund up to $75,000 per officer over a three-year grant period.
Appropriations for II officers are requested at this time, and the remaining four officers
will be addressed during the strategic plan implementation. (Police Chief)
ACTION:
Councilmember McCann offered the resolution, heading read, text waived:
RESOLUTION NO. 2005-264. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING $1,125,000 FROM THE U.S.
DEPARTMENT OF JUSTICE'S OFFICE OF COMMUNITY ORIENTED
POLICING SERVICES FOR THE UNIVERSAL HIRING PROGRAM GRANT,
ADDING ELEVEN PEACE OFFICERS TO THE AUTHORIZED STAFFING
LEVEL OF THE POLICE DEPARTMENT AND APPROPRIATING FUNDS
THEREFOR (4/5THS VOTE REQUIRED)
The motion carried 4-0.
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
With regard to Item 12, City Manager Rowlands suggested that, with Council permission, he
would work with Mayor Padilla and Councilmember Castaneda as an ad-hoc committee to
prepare a report regarding the establishment of a Public Safety Committee to be brought back to
Council for action.
He then provided an update on the actions taken to select a Director of the Chula Vista
Redevelopment Corporation, stating that a request for proposals was sent to 34 recruiting firms,
and responses are due by November 10, 2005. The Council will have an opportunity to
interview the top firms. He then distributed a list of applicants for the four appointee positions
and asked the Council to review the list, indicate on the list the applicants they would like to
interview, and forward the list to Assistant City Manager Smith by November 3, 2005, so that
the Mayor's Office can schedule interviews in mid-November.
Page 8 - Council Minutes
http://www.chulavistaca.gov
November 1, 2005
OTHER BUSINESS (Continued)
14. MAYOR'S REPORTS
Mayor Padilla stated that he attended Baykeeper's 10th anniversary celebration at the Hotel Del
Coronado. The organization is now known as Coastkeeper. He also requested a report back in
60 days on the Alpine Minot undergrounding and street condition issues, along with possible
options, and suggested that when prioritizing projects, staff consider that the neighbors have
taken the initiative on this request. Additionally, he encouraged everyone to participate in the
Chula Vista cleanup event scheduled for Saturday, November 5.
15. COUNCIL COMMENTS
With regard to the Mayor's comments on the Alpine Minot undergrounding project,
Councilmember Rindone asked the Council not to negate its prior commitment to the Nolan Way
neighborhood off ofL Street. He also requested a report back on the 1993-2005 residential units
permitted and requested additional information as to what units had been excluded and the
reason they were omitted. Additionally, although the City has a healthy reserve, he
recommended the City remain cautious and look closely at mid-cycle recommendations for
appropriations.
Councilmember Castaneda stated that a significant number of well-qualified candidates
participated in the recruitment process for Director of the San Diego Centre City Development
Corporation. He suggested that perhaps the City could save time and money by following up on
those candidates who might be qualified for the Director of the Redevelopment Corporation.
Council member McCann thanked staff for issuing the request for proposals for the Chula Vista
Redevelopment Corporation. He then reported that he attended the Veteran's Home Fleet Week
Celebration and the grand opening of the third Wal-Martin Chula Vista He also thanked the
Mayor for presenting the beautification award video, commended individual citizens for
improving the community, and asked that the video be made available on the City's web site, if
possible.
CLOSED SESSION
Closed Session was cancelled, and the following item was not discussed:
16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. Workers' Compensation Appeals Board, Case no. SDO 0195270
ADJOURNMENT
At 6:16 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of November IS,
2005, at 6:00 p.m. in the Council Chambers, noting that the Regular Meeting of November 8,
2005 has been cancelled.
--i I {'bJ..-~~
Susan Bigelow, MMC, City Clerk
Page 9 - Council Minutes
http://www.chuJavistaca.gov
November I. 2005
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'rehaciousness pays off I Down-to-earth activist in Chula Vista wears the mantle of
a hlgh..tise nemesis
(6 EditiOtl)
The San Diego Union - Tribune - San Diego, Calif.
Author. Shannon McMahon
Date: Nov 30, 2005
Start Page: B.1
Section: LOCAL
DocumentTypes: BIOG
TeXt Word Count: 1435
Document T ex!
CHULA VISTA - A year ago. city officials didn1 know who Eart Jentz was. They couldn't point him out in a crowd or
describe his civic interests.
Today, Jentz. is on the short list of key players in city development
A property owner and manager. Jentz ied the highly contentious fight against Espahada. a plan for two 19B-foot-high
towers on the north side of H Street between Third and Fourth avenues.
Through the Roosevelt Street Coaiition, which Jentz founded and funds, the 63-year-old activist has argued that
high-rtses would ruin the communitys character and add too much traffic downtown.
To press his point, Jentz paid for advertisements in newspapers, sent mailers to Chula Vista residents and hired
consu~ants to conduct polls.
"Eart Is tenacious and committed. and he is willing to spend his personal wealth to push causes he believes in," City
Manager Dave Rowlands said.
Eartier in the year, the Espanada project had significant support from the Chula Vista City Council. In Augu.i. the
council voted unanimously to proceed with a generai plan for city development that allowed high-rises in five areas of
the city, including the proposed site of Espanada's towers.
Now, after months of negotiations and a petition with more than a thousand signatures opposing Espanada, council
members say they support mid-rise zonIng on the site.
As the debate raged, Espanada carne to symbolize the city's future, Opponents said high-rise construction would
destroy the city's charaoter, diSCOurage affordable housing and Increase traffic and smog. Supporters said luxury
condominiums would modernize the city, encourage west-side development and brtng much-needed revenue
downtown .
Itspanada'Sdweleper, Jim Pieri, WOUld not comment aboUt Jentz for this story. However, in June, Piericornplained to
managers at The San DlegoUnion.Tribuneabout ads Critical of Espanada that Jentz had placed in the.paper, Sllying
they WIlre deceptive.
"JiniPierial1dlcantin~e to believe in the neMta lal<e advaritag~ ~if vertical c~lnstructibn to t!rIngln the qUality of life that
cornes with urban liVing:'sald John Moot, all attorn.,y for Pieri. "Eari Jentz Isa weaithy property owner who has a very
different vision for the west side 01 Chule Vista."
Jentz, a c~ reSident, oo-owns Balboa Rea~, an agency that operates about 50 apartment buildings, condominiums,
houses and commercial properties In Chula Vista, San Diego and Imperial Beach.
While the company has been involved in dozens of iawsuits, the majority involve evictions. In 1987, Jentz was sued by a
IemUy whose ohild drowned in a pool. The case was settled out of court.
Jentz, who owns a property adjacent to the Espanada s~e, said hiS opposition to high-risEl. Is not finanoialty motivated.
"I do not view Jim Pieri as a competitor," Jentz said. "I do not objeot to a project with the same number of occupants as
iong as it is not a high-rise. I just don't approve of high-rises."
Jentz declined to say how much his campaign has cm;t, but he has shown a willingness to spend a signfficant amount
From Aprtl through October, Jentz placed anti-Espanada ads valuad at about $40,000 in The Union-Tribune. He also
pUbliShed ads in smaller publications and printed hundreds of anti-Espanada posters, bumper stickers and yard signs.
And he expanded his Balboa Realty offices to include a headquartars lor the Rooseve~ Street CoalitiOn.
Jentz has toured the proposed Espanada site with the Chute Vista city manager and councilmen John McCann, Steve
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22
Castaneda and ,Jerry Rindone. Jentz ;s in the audience -- and often speaks -- at every GRy Council meeting that
involves zoning and high--rlse construction.
Although the debate over Espanada grew heated, those Interviewed for this story would not criticize Jentz pubiicly.
A newcomer to the world of grass-roots activism, Jentz started by creating the Roosevelt Street Coailtion in December
2004. The group. which has about 20 members. takes its name from the street that would be the main entrance 10
Espanada. The coalRion received added suppert from Crossroads II, a community group with 450 members.
In OCtober, Jentz lalJnched a petition drive for a ballot initiative to iimit high-rise construGtiofl in Chula Vista. Intended for
the June ballOt, the initiative would have allowed high~rise constructiOn in four zones of the city and required voler
approval for high-rise development elsewhere.
The Jantz cause gained signiiicant momentum after a maeting with Padilla on Oct. 3, when Jentz showed the mayor a
poll showing that a majority of residents did not support a high-risa at tha proposed location.
In that meeting, Padilla said he toid Jentz that the city would support mid-rise zoning on the Espanada site if Jentz
would stop his ballot efforts. Jentz dropped the petition drive on Oct 1 g.
The day after the O~'l. 3 meeting with Jentz, Padilla met privately with Pieri and presented him with a latter stating Pieri
would withdraw his appilcatlon for the Espanada project. Padilla asked Pieri to sign the latter, which he did.
Immadiately after they mat, Padilla want to tile City Councii meeting and announced that Pieri had withdrawn his project.
He then announced that he favered mid-rise construction at the IEspanada sita.
It is not clear what was said in Padilla's maeting with Pieri, which included the city manager and Padilla's chiaf 01 staff.
All have declined to discuss datalls.
Mo!)t; Pien's attorney, was iAcens'ed that Pieri signed a leU1!r he did not wr'ila Pie'i lale' retractad tha lattar ~ld has
<:Iaclded to mova forward with a shorter building on a portion of land that was onca part 01 the Espanada footprint, Mo"t
liaid.
Moot djd not say how tall the new project would be- Jentz said he would agree to a mld,.rise structure,
Every Saturday since October, Jentz has been arriving at Balboa Realty at 8 a.n!. and preparing materials for residents.
The tabla at the coamlcn's office is piled with clipbOards, bumper stickers and fila foldars alongside coffae and
doughnuts.
Members of the coaltiion and Crossroads II group spand the day walking around neighbOrhoods to collect signatures
from residents who oppose high~rise5,
''We support him and he supports us," said Sandy Duncan, a Crossroads mambarwho was preparing for a walk on a
recent Saturday. "He cares about peopla who could lose thair homes. He cares about affordable housing."
Jentz prafers not to walk. He doesn1 faal comfortable speaking in public. He blushes easily. His soft voice doesn't carry
across a room, let alone lend itself to rallying cries or emotional speeches.
Jentz said ha has no ambitions Of running for pUblic office. He said he never participated in a protest until the Espanada
issue surfaced. The closest he has come to civic Involvement was editing a parent newsletter for the Sweetwater Union
High School District and volunteering at HiI~op High School.
Jentz's real strength is his pocketbook.
He has hirad firms to conduct at least three polls. He has hired Rollin Bush, a grass-rools political consultant. Ha also
hired a marketing consultant. Bob Castaneda, who is the brother of Chula Vista Councilman Steve Oastaneda.
Jentz has been describad by ctty staff members as earnest, unassuming and quiet. He drives an oidar-model Dodga
Intrepid. His biack suspendars and glasses are a throwback to tha 1950s. His iow veice and deliberate walk reflact his
upbringing on an Iowa farm.
Before he moved to California, Jentz was a chemical engineer. later, he got into real estate.
Lately, Jantz looks tired. His eyes are red. Ha squints when he talks. He said he has started 10 consider retirement
"Up until now, I wasn1 ready to (relire):' he said, before his voiea trails off. "This projact takes continual vigilance. The
general plan can be amended four times per year."
Jentz has two degrees from Iowa State University. The first is in chemical engineering, the second in business. He
worked as a process angineer for Pittsburgh Plata Giass Go. and Ford Motor Co in tha '60s and early 70s.
A visit to California in the '70s convinced him tha1 weather and scenery were enough to pack up and move, which he did
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Tenaciousness pays off) Down-to-earth activist iu Chub Vista wears th...
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in January 1976,
Looking fOlWard, Jentz said, "1'i1 be giad when this is ail resolved."
22
[illustration!
2 Pies; Caption: 1. Sandy Duncan (right), a supporter of the Rooseven Street Coalition founded by Earl Jentz (not
pictured), talked to F'reda Dunn about signing a petition against high-rise buildings in Chula Vista. Dunn agreed to put a
poster against high-rises in her yard. 2, Earl Jentz, a property owner and manager, said he never participated in a
protest until the Espanada issue surfaced in ehuia Vista.; Credit: 1,2. Nelvin Cepeda I Union-Tribune
Credit: STAFF WRITER I Staff iibrarian Beth Wood contributed to this report.
Reproduced with permission ofUle copyright owner. Further reproduction or dlstlibution 15 prohibited without permission.
Abstract (Document Summary)
. - - --._-....._~.- ".. .,._-~----- ......... -----.....-,,-.-,..-...-,
Espanada's developer, Jim Pieri, wouid not comment about [Earl Jentz] for this story. However, in June, Pieri
complained to managers at The San Diego Union-Tribune about ads criticai of Espanada that Jentz had placed in the
paper, saying they were deceptive.
In that meeting, [Padiila] said he told Jentz that the city wouid support mid-rise zoning on the Espanada site if Jentz
would stop his bailot efforts. Jentz dropped the petition drive on Oct. 19.
2 PICS; 1. [Sandy Duncan] (right), a supporter of the Roosevelt Street Coalition founded by Earl Jentz (not pictured),
talked to Freda Dunn about signing a petition againsl high-rise buildings in Chula Vista. Dunn agreed to put a poster
against high-rises in her yard. 2. Earl Jentz, a property owner and manager, said he never participated in a protest until
the Espanada issue surfaced in Chula Vista.; Credrt: 1,2. Nelvin Cepeda I Union-Tribune
Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibited without permiSSion.
300
8114/20072:31 PM
23
:hula Vista appoihts political novice to City Council 1 Newcomer picked...
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24
Chula Vista appoints political novice to City Council I Newcomer picked over two
veterans
[1 fEdition]
The San Diego Union. Tribune - San Diego, Calli.
Author: Shannon McMahon
Date: Dee 18, 2005
Start Page: B.3
Section: LOCAL
Document Types: BIOG
T exl Word Count: 655
Document Text
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I of3
8/15120073:53 PM
ula Vista appoints political novice to City Council 1 Newcomer picke.d."
http://pqasb.pqarchiver.com/sanLilego~suo/aCCe-SS/:'1'''t.1() Y'"T-'.' ~ ."'<,.". ~,.....",.,
24
CHUlA VISTA _ The City Couhcil passed over two political veterans Friday night and appointed Patricia Chavez to the
seat vacated by Councilwoman Patty Davis,
Davis resigned from the council recently to recover from an illness, Chavez, who received unanimous council support,
will seNe until Davis' term ends next December.
Chavez, 34, is a newcomer to politiCS. She joined the city's Resource Conservation Commission in October. That same
month, she launched Chula Vistans for Civic Solutions, a community group, She has never held political office,
"This wasn't about finding the person who was the most polished or accomplished Of' who had the most technical
knowledge," Mayor Steve Padilla said, "This waS about finding someone with perspective and a heart for community
activism."
The council received 19 applications for Davis' seat. Friday night, Ihe council interviewed Chavez, Russ Hail and Dan
Hom,
Horn and Hall have each served on several commissions, including the city's Planning Commission, which is often
vlewad as a springboard to a council seat.
In their interviews with the council, Hom an<1 Hall spoke in detail about legislation and ways to improve tha city, Chavez
spoke in broader terms abOut the importance of communication and community involvement.
Horn, a public relations executive, ran in 2004 for the counoil seat now held by Steve Castaneda. During the campaign,
Hom received endorsements from Mayor Steve Padilla and council members John McCann, Jerry Rindone and Davis.
Davis endorsed Horn as an appointee to her seat
Hom said he was happy for Chavez,
"My first choice would halie been somebody with a little more experience, but I guess she willlry to do her best and as
long as she has the people's heart In mind, she'll be OK:' Hom said, "I still ttlink thai sometimes Y<lU have to know a little
bit about poities to be able to navigate it"
In the council meeting, Padilla said Hall was the most technically qualified person for the position,
Hall has 17 years of experience, havIng served on the city's Planning C6rY1mission, Economic Development
Commission and Parks and Recreation Commission.
'" think this is very suspicious:' Hall said of Chavez's appointment. "She has no credentials to be in this position as I
understand. , , . I was taid throughout this process by many people that were close to the scene that she was going to
be the choice regardless,"
Chavez declined to comment on Hall's statement.
"I don't Imow everything there is to know about policy,to Chavez said in her interview with the council, "but 1 love research
and I have a pulse for the cornrTlunity."
Despite the urging of council members and community activists, Chavez would not promise the council she would not
run for the seat once the term is completed,
"I wanted to come in with an open heart and an open mind," Chavez said when Castaneda asked if she woukl nm for
the office. "I'm not going to give promises that do not let me do my job effectively."
Chavez, a stay-at-home mother, has three children with her husband, Richard, 40,
"live never had a poUtical ambition," Chavez saki. "I'm here because I want to make a difference. I grew up in an area
where neighborhoodS were forgollen. I don't want to see that happen here,"
AbOut 60 community members were in the audience at the beginning of the emergency council session. By the end, 6
1/2 hours later, abOut a dozen remalhed. Many were disappoinled with Chavez's appointment.
"While she's a very nk,e person," said Eart Jentz, founder of the Roosevelt street Coalition, "I would heve preferred
somebody with a little more experience,"
Daliis was nol available to comment Friday night.
Davis resigned from her seat to recover from viral encephalitiS, a debilitating disease she contracted in the summer. The
last council meeting she attended was In July,
Davis said she hopes to return to public life upon full recovery.
Credit: STAFF WRITER
8/15120073:53 I'
20D
.._"..-_._._---_._...-._.,,'-_..~.....-._.,-_..-~.-.
lla Vista appoints political novice to City Council \ Newcomer pICKCU...
24
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....-...-......,--.- '"""'-"'--"'~-"-""'--~"--'~'-'^-"-'-"'" ".-,~..,....,-" .,-'-
Repl"Oduced with permission of the copyf'ight ownei'. Further reproductiOn or distribution Is prohibittfJd witholtt permission.
,~",__, '__m'_'__"_" ,..._, "'__~_""_""'_'O_'
Abstract (Document Summary)
[Pally Davis] resigned from the council recently to recover from an illness. [Patricia Chavez], who received unanimous
~.ouncil support, will serve until Davis' term ends next December.
The council received 19 applications f'or Davis' seat. Friday night, the council interviewed Chavez, Russ Hall and Dan
Hom.
Horn, a public relations execullve, ra" In 2004 for the council seat nOw held by Steve Castaneda. During the campeign,
Ham received endorsements from Mayor [Steve Padilla] and council members John McCa,,", Jerry Rindone and Davis.
Davis endorsed Ham as an appointee to her seat.
Reproduced with permission of the copyright owner, Further reproduction or distribution is prohibited wJthout permIssion.
8/15/2007 3:53 PM
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Chub Vim !:':thiC$lloard. That "OtlC fOWle no viOla1iOll of i\li dhi~$ tI.Iles 6ft6 elo",d the
mstu4', SinQil Iblscomplllir.t addJ:tl!JSt$ C~13Il69'S I\.lture decisi"n.m~ any violation
has ylll to 0CC'lll'. Thb city col.!.licil postpOll6d considel'lllioll of thi..rnlIllM \llltil such time
lIS $lfve CasIMed. Citlulcl ~cc" lIdvlee fl'QJ\'l tile 1'1'pC', ~l Di'Ji.sloll <::<lllol1mill$W$
~i1llllmilL Tllal )llvj~llllillP'" been rendcted lIlld is diseussed later ill tb.i!
raemolan~. .
On Morcb 27, 2001\, we =ived Illllldditiolllll eo",?larnl ~i:nS'l SIeve Castaneda
from lIII unknown oompllllMnt . . -' ' .
(Tab L)
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T.h' OOl1\pliUllll~!$ allo!!" mal Chula Vista City CQ\lllGil Memlx'.r Steve Cl\lJI~MIl
bllS s::,clIIl ~QTlai.oLl o{ In\orllSl thol sllolllll pn;.v@1 him fu'>m !.'~pjl'!'li>>1 jr. Q
..;;;amine EspIl1\.~ pI'Oject YGte
The Espana/lll PIQj..1l1 ~'lull'e$ all'llp<:lJJte 101m !lily'S ,en"'''' plal> tba1 would thell
"llow fort>lgb-density projectS irl some Ill'ees of the city. EspllIlada is llligh.rise
oon&>mlnill111 Jill'l!lec'l. S;>ecll1<:1lllr, lb. !SI'&lWla project calis {", t'lVt') 1 <I-SlOP' 1O"'.n
with 100 condomilliumt Iii each. I! wouldlltill contain lJ,OOO ":tU!l1C feel of retail spa.:.
cd 8,600 1~Il.ujeet for r:nOIlfIi'tt 'Psce. TheEI;p~ project would SIt on tl>e
'{)9!1/le~Jl oerrA' of4'" ...ve:nu. lilt" "If" ~et I" Chll!. Vi>la.
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I.':.n Jentz is a toW pl.c"'yttty <lwnef ""d . m.j.otcl'1"''lWl1 of thr. Espanade
1""".<'1. JI.lll'l J~n(. hG. aired.. l'u1;;lic relations fum. GIS. te conduct I'l.lblic rclo.ti",,,,,,
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PrONE I-tO. : 619 476 5379
Jul. 28 20~7 11:07AM P2
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poll:!: and surveys, Jobby t.he: "jty C\)lmCll and gt:neraUy promote pl,J~llc op,po!ttJon to the
Esp&ll1dl\ pro.iect.
11,~ wrnplair<1\.tlli ilJJ.~4 S~\,,"lIl pole.otiJ) ~onili~>s 9f illl~~.&!~ lID;!! ,,~:I .~l"'fl'
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JOB C'ASr."NliJIA (SU'l'tClllStoli.6a'~ b!:.M!W:l
n,e pu'bllc rtilntlcns firm. 01$, it ou.-ntd by P-ich",d Elal>cook""It:! h!t'spouse.
.-'UlOOrdir,g to Ibe l>>l'l!lllal..anl amlllews ",,;ell':!!, Bob Castal>d \..orkt for GIS II\d may
evell 00'" be 1\ )lancer. C"m?l.ill<lJ1U :Uk;. thAt Steve c..w;edl; has a oon.f!ic1 of
;nt~~t ID lhat hi. bn'lher "'lJIesenlll Eul JenlZ.
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Ulldtl'thl: .....ct. a p\ll;>lk offici&) '.lli')' IlVl p....'Iicl""'" in s so..~t:llal .;!eol.ion
th~t o(>~ld 1,.,.,3 . ",ltten&l iimr.eic,l..ffllO'l em ..,y m~ "fIIis IJf' hOt immediate f:unlll',
T!\~ AC't <:ld'lleS;1lUflediate ftlllily;G be \lif: omeial's !J>'li1Se of deJjelidelll child. (Oilll.
Code sectioo S2029.) Ibe iiblings, par;tltS. ooums, alml$ a.nQ undes, etc., arc ~eraih
IlQIIl1l ""'.J>IlOmiC inweSt \Illless they 'lfe linked by Sl>rr.e othtr financial tie. i.e., l!lSll a
source ofln.oome.
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Complllinantl poi"l~..d oul 1M! Bob CU'~ ruidod in A }.ome owned by SteVe
C~. In Nl AUli\Ist 6, 2(\05 article, llt_ Caw."Illda is ~$d saying Il\al hi'!
brol'lllf lived with him for c'>Out five m~ll'!h$ bw"l move6 out sbQUl6 to 8momlls ego Iilitl
!bat ble 'bl'Othe.r did not pay relit. ,,0 Slova C..'SWlCda ....""'ivod M ine<>ma from the
8!'fanS-Oment. (Tab:l)
U cloes lIot a:ppoar that Bob Ca.stalleclll is ar.l>\lOllomil: inwesl to Steve Cas\antlclll.
1bi$ "IllSl"'" i11l" III Cl$lU\lll.'S T!Oqvm for ~vi~ frpmlbc ClllT,miU!l>l\', Lc>g/ll
Di",jeion. Tnl:! tllIJYiee he. silloe bee:> rendered and I;Onc!udI::d thAl it 40CS !1()1 .~ Iha!
Bol> CuIAAeJa ie I Cill'l\.l~llfYil>g ec.:mom;.. in_""t t... St.ve QostaMda. ;Carr<1J1i!dl1
Advin Lener, ]W. I.06.QO!l, '!Taehed ~ Tat. 3.)
m~A1Ui SABCOeltC (all~ed bll'~~'" "..""or of !II"",. C'nDuedll}
Complainant is a!~ thill PJellarcl.Baboock, wlio is Sob C.;\talleda'. pIll'Ulor in
01S, II Blse . parmer In a butines, with. SUlW C~tmeda, To sUjl!'el1 this a.lh~l!adon,
~rnplejnll1ll pro\1d~ e l>tlpy ~f. fic;i1iNtS bl>Si,,"~ nlLmll sl~1 dAted .!vlarcll14.
1 ?Sl7, !bar show! Richard Babcook QDd SUO". Cut.llnClIa as .lelleral putrlel$ "f p,tliU"
R~~a:dt &. Jl40rketlng (PRM),
1" " ;o,w$ .w1:iel.dllW I\Ugulll 6, 2.<J05, Ste..~ Cas\e.nIlCl is qUGtcclll' hying llIti
ha nO longer work. wiili Rlt:hnrd Bab<:<>cl;, Another aniel: ~JX-'f1' Ri.llM'llB-.bcoek a.
SleV" CaitaIlllde'l lO;'met plll".nlll'. 111 ~ ,eMOO of updated fietl!IOla l>ur.l."tllSi ~
filed wit:, San DIego Co"nty, tile iictlliau. QUS;neSl name state_ filed in 1997 l!y
S;eve Castenecle and Riehlll'd Babcock cl"ing lousiness as PRM' expired 0Tl M=h f4, '
,002. (T.b 4.)
26
There are nO other lietiti"". business !lame S'llllemerllS on file betwo<;n Steve
C";!ol2ll4a l!.Q,6 ?J>JJig~ El.ill>w;;l;. Wj!p'~ut limber Jr'......$tigaci9P, it dge~ ill)t ~lU' thllt a
w.ines,l: !elalionship b"lW/lt>tl Sle\'e Ca;1_dll M4 lti.bud lbbcock W3ts. If however
thN..ii tlUen"""1, S_O COSI.,..d2. wocid n~ bt l'=.ir.ed tC' participatt in decisiom if
Riehll:'d a..l>cvclI tepr~!ed ~i1"1 Jentz. he/ore tho cily coU!lCil. (CiN'"'' Advice bmr,
No.l-\n.SS6, ~t!Of:l\ed as Tab 5)
lIS!: OF z1H"n ~EET toll. tAMl"AJON I'~OSES
Cotl1pleillams fur1:ber allege SIeve C.st""oda's c::arr.pai,. <>>lmJ>it!e& llu1l176 3/d
:>;n,-.I AI ilS campaip addr~ss but the ,'am]lAiJPl sjlltetn_ do ,,~reflect eilber an
a?Cpdlll.l.~ lbr re:n.llJT !hI; receipt of A j1QMlllllle!ary wow!blltiPn in lht forll1 oj
oamp&igll sp8C..Camplai;.'1ll1 contend$ thot the ~ is oW\l6d by Hello., B&ft'O.', ,Jl!bo
is aha A pro~ 6W1lCl' wt'.r. an interest U\ the elltLMilt of tlie EsplhMfl proJect.
SJl!v~ ~l'~ ~.jne~,1, tRJ,1, jJ )9<l"~ 1It'!'Pe ~.r.m. ad!l1m. O:l.lll,
camplliF lUl.e.m!lllts.1llIlloes reflem ihe corr.mlntlil's WEWd md molllllll ~BS 1M
276 3'd Sut&t &lI'lce this i~ Ib.e lacalion <-fm: busir,:u, Uy lImal oflhe Jlremi....s is
1'fObabl)' paid fur by Ik,~ ~\1111le6. $ htlSlness ""'pe:Ile. If tl'.al\' is lilY MlIV~ilU1"" of b
non-mollfiarY oon:.ribllUQrl W '!he CIlmpaigtl cOllllllittee, it _ald be from Steve
eUlAO"da's bl.lSlw:.sl, pltM, l1!ther tblUl from Henry>>~ !he pn'.perlY OWIlCt.
We ms;v have e Cmlplli~D reportin~ isnlt in thIl! the eill"l'lJ"alfl!l eom:m.i1.1ee should
have reported .. l1QO-monl:'tlllj' contribll1ion i<<;elvea trolll PRM. But lhls doCll 11'>1
plPYld~ Jl1_Jl9.mJe iIlim.~ 11; ~ BIlI1PJ. Thi.!t ~ an J__ for lb, ~ttll1ll~l I>r
inltrllS1IlMlYois.
HENR\' BARROS
COtl1plall1&l'll further alleges toil\! SIeVe Castaneda has. _filel in tbaIbe end
Henry Ban'OseO-<>vmpiO~ .132 J SUee! ill Chu.la Vislll. Accon:linS t~ AUlOtrack,
tl:is propel'lY wa, p\D'ehuod 11\ Jill)' 200S.
1JlllkIlk.hi:!, p ~ pfflml sl_ JIl)S hI'l" JIIl_llPmle ll>llf,ll~ iII.1l1Y penon
who CO~'M1lt P'l>petIY witb !be VJblIt Dfljcj.al. (WhU_ Nhice Lelti:ir, No. ",,9S,14S,
a;u;.'>ed lI$ rab6.) Thi.lIIIlllioMIHp ~Of:S DOl OOilV4!Y.llIl9GonGtnic IIll:ttlSt it! H~ .
lhfTolC. SIeve CLWilillda <!Q<;S ncwtlltr l....e All ~llOlllie wereS! in the property ;\lJelt
Accord.inlllo Mapqllesl, this proJ>C1tl' IA l~ated at: eS!1_ted l.2 :niles from \he proposed
~spllll3d~ prQjeel. Th. prvi*TY at ..2 J StrHl tS 1I0t close enough in proximity to
EspMada 10 pose a conflict ofinle:rest (l><:;yond 5GO feel). (Tab 1.)
CASTAmOA RJ!:SlOltNCEj>
For mriSI (1f 2005, $\avol1 ...,J Lorana Cll4W>cca ,ellid~<1 ,,' 1501 A"lllti<l. R.w.t In
Chllla Vb.. III 11l.llu.f 2Q~, 1M Cll$llinedllS sol:! 1hlue$llli:llWl0 R~l .. F,~Ulliul
FF'O~ : Cruia vista 11a~ot. &: CC1LV1Cil
Pr<ltiE 110. ; 619 47& 5379
Jul. 28 2027 11:07AM P3
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07,-261"213'1;;:'(
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0:Q\. ;;j. Jui\ i:;:/,t/,Ati.., c.~'l. c,. 855:,':."27
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Qreel). This re<idenc~ ,s IDcated approximately 4 milts from Ibe prO]>OsW,Espanada
I'T9Ject (Tab 8.)
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:m NO'lcmi>!',t 2005, 1M C..UI1:edu bC'-'ib1 a residence ill 785 E. fl.)>l., Cow1
'iI'Ilhin Ih~ Q:ta,y RIl."cb ;ubd!vlsIM. The existing ,..sidcilC~ '" ;I'stlos. 1lI... foIlr miles
nom '!he f'reI'CIBIld Es?"".::!.t j':'(>j"ct. (1".\\1:> 9.)
1t does not appelll' lllliItlly "fthe Caslal'lods'S !"sidenees wen: of dose tII'lDll~b
proltimJlY to be a contlie! of inteftsl for Steve C~.llfieda, (lk~ Tabs 6, 7; S llJld 9,)
Sjnccthe vote 011 the E$J'lIIIadal'rOJ~t wu dclriyed pendinf teceipl ...fthe advic.e
rendered b) V>~ !$g~.l Pl\'lj;on. Iht;elUlO j)2!I oonduc:tissue relative to lbuc
complaints:. ...'
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On _ ma%W llTll'J;!Jllfll il.' 'Iil1eiSs-uC5 in this c(IIllplallll, the millute~of tbe lneetinllS
of me C;;hlillt Vlsl.!l City Co~1 W=,"", ",,,;.,,1lIll ff# 1ha 2005 e.lendat)Ul, Then were a
few ins'lbtlees ",Lei.. Steve Castalleda v.olUlllwlly abstlliud frDlll parUPlplltins ill .
dedsiDIl$ due l~" poslli"\>le cOll1liel of lnlere!:t. In twO b"d..a:lCe.e, Ce$lancda alo$Wnlld
durlll' me public hea:ri lie portion of two 6tlinquent t1l.'l( lISlIlI$5melll itlclle.1luI !bell
partiCipated in fh. aeroal lIotes . montlllaW. 1 spokt wijli A!!IiS11ft1 Ci1)' AliGmey
Elizabeth Hull eonee!1"lllJ this lIl1d she illdk:.Ied!bat CaSllUl~'s next door nti&bbor_1
PM 91th. propci1}' cwr..c;r. wbQ "", de)inqllctt! ill p8)'L'lJlIIXIU and would be aif'llCIIld by
!he fim so c_ada abstained during the l'ublie llearin!l' That neie,hbor paid his or her
uu 'In !he prOJ>~y tltrare me i'lem we., on the following 1Il0mh' s aa8Jl4a.
I '"omml:l'JQ Ihat we 0:10'"" this ,Uliei' sinee IhIlrl: .cIoeCIlO11ll'plllll 10 " ·
vIolal10l'> o{the At.1
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pervisor~swite-seeks mayor's job I Cox: Chula Vista needs 'open' leade... http://pqasb.pqal'cbiver.com/sandleg()-SUbJaCCeSs!~'jL.o..J-lO"U .UUIU ,....J-~.~...
27
Supervisor'S wife seeks mayor's job I Cox: Chula Vista needs - open' leader
[R,S /Edition]
The Sen Diego Uni.on - Tribune - San DI~go, Caltt.
Aulhor: Shannon McMahon
Date: Feb 22, 2006
Start page: BA.R
SectiOn: LOCAL
Document Types: SlOG
Text Word Count 621
Document Text
""",-,-,.,,,,---.'.'-----."
Edttions vary
CHULA VISTA" Cheryl Cox, a trustee for the Chula Vista Elementary School District, yesterday announced her bid to
becom~ mayor.
Cox, 57, will run against incumbent Mayor Steve Pedilla, Councilman Steve Castaneda and local businessman Ricardo
Macias in the June election.
Cox said she believes the city needs a leeder who is more "open" and "accessible." She said Padilla's management
style has undermined public trust
"I never thought I would be in the position to raise my hand and say, '1 wantto be your next mayor,''' Cox said. "I'm
doing this for one reason: to restore trust in Iocai government"
Cox criticized the mayorS hiring 01 a personai bOdyguard; his appointment 01 councilwoman Patty Chavez; his
acceptance 01 a stipend lor serving on tlle Chula Vista RedevelOpment COrp., whiCh has not met; and his handling of
the failed E-,paade project, Which caited lor two luxury hlgh.hse condominium towers on H Street
"I think this is a bft of an overreaction to having your reservation deposit at the Espaeda high-hse condominium
canceled: Padilla said of Cox's decisiOn to run. "Chula Vista Is better off than it waS four years ago, and I dont think we
want to go back."
Cox said she had reserved a space in the Espaeda towers as a piece for her daughter \0 live.
COx, a Republican, is the wife of former Chula Vista Mayor and San Diego County Supervisor Greg Cox. She has 30
years 01 expetience as a teacher, phncipal and administrator in South County, and bhefly ran the phvate Harborside
School in downtown San Diego.
"i have believability going for me," Cox seid. "People know me. ti enough people believe In me, I'll be No.1."
Cox first entered polltlcs In 2000, when she was elected to the Chuia Vista Elementary School Olsthct bOard. In that
rece, she received endorsements from the Chula Vista police end firefighters unions, then"Mayor Shirley Horton, former
Councilwoman Patty Davis, Chula Vista Elementary School District supertntendent Johil Vugrln and her husband.
In the race for mayor, Cox has net yet received endorsements.
In eddftiOn to serving on the school bOard, Cox has run a government and education relations consulting company since
1995. Her company's projects include working wilh school administrators on taacher improvement plans, getting schools
accredited and helping developers through the permit process to get projects built
C9X,I'{hO i$ exp!Jljt<il\J to r~ceiveeodorsemeots frorilloc~ldeveIOper$,CtitlcizedPadilla's "bacK room" handilng ofthe
ii;spaada pmj"clRactllla originallY S\!PpMed the project but laWwilhorew his bacKing during a <liosed,door mee.ting
With l$aplledadevelOper Jim Pieri. At that meeting. Padilla gave Piehapte'wrlttenlettarto sign that said he would not
develop the site.
Citing pending litigation, Padilla and CIty Manager Dave Rowlands refuse to say who ",Tote the letter and why the issue
was decided abruptly and without public knowledge.
Through his handling of the divisive issue, Padilla "has mede II very precahous for the next developer lOoking to come to
Chula Vista," COx said.
Plertattended COx's mayoralaMouncement cerehiony, but said he had h6tdaCided whetnerto offiCiallY support her
campaign, Members of Crossroeds, a community group that opposed Espaada. also attended the event, saying their
focus was Opposing Padilla rather than supporting COx.
"We're just so anxious to hArn ovar the city government and to get Padilla out," CrossroadS member Peter Watry said.
811 5/2007 l :04 J
10f2
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:pervisor'swife seeks mayor's job I Cox: (.1lltla Vista needs 'open' leade... http://py'a~u.p\..!.(u'''''I1l\''''''~,''''v,,,,, ~~H~'-O- moo_..
27
Cox said she questions Ihe mayo(s hiling of a personal bodyguard, saying Pa,filla should have made his colleagues
more aware of safety threats if there were any. Although he is no longer protecting Padilla, the bodyguard is stili on the
payroll as the city tries to terminate his contract.
[lIIustratlonl
1 PIC; Caption: Cheryl Cox
Credit: STAFF WRITER
Reproduced with perr'rlisslon of the copyright owner. Further reproduction Qr distribution is prohibited without pel/mission,
....-.----~_..._.~.."._<-~.,_.,~,.... . .. ._...-_.._".,,,.~.._.. -
_...._._.._.._._..".."._~_______._....._."... ,.__.....,.._...."'."'''.__.........____'H__.''___.___.___M___... ---.
Abstract (Document Summary)
......_...,,____.~._..m. _._.. ...,._._......____m.........._.
Cox, whO is expected to receive endorsements from locei deveiopers, criticized [Steve Padilla]'s 'back room" handling
of Ihe Espaada project. Padilla originally supported the project but latet withdrew Ilis backing duting a c1osed-doot
meeting with Espaada developer Jim Pieri. At that meeting, Padilla gave Pieri a pre"wrttlen letter to sign that said he
would not deveiop the site.
Pieri attended Cox's mayoral announcement ceremony, but said he had not decided whether to officially support her
campaign. Members of Crosstoads, a community group that opposed Espaada, also attended the event, saying their
focus was opposing Padilla rather than supporting Cox.
Cox said she questions the mayor's hirtng of a personal bodyguard, saying Padilla should have made his colleagues
more aware of safety threats ff there were any. Although he is no longer protecting Padilla, the bedyguard is still on the
payroll as the city tlies 10 lerminate his contract.
Reproduced wIth permission of the copyrlght owner. Further reproduction or disltihutlon 1$ prohibited without permission.
201'2
8/15/2007 1:04 PM
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J '" J~', ;,:'U \I ,~u 1 0::: I. ,. ',J'); ',)j ;, j 1 \.. '.:' ( {<
open mee~;nvs law W)','i/ ha~. t "~
lj'oa"rd studs i:lil the que:;,tiCIT! (,t
bow mur'J-i H(CfJ.';!~ the pn:'~ss tn',j
public should h"IV('> 10 (ht:. dcr ",
et"f:ltlve prtH'{'SS of the Ethi
board.
The OJHl.P laint, WitS filed f<\'
if)ngtli'UeChuJa Vista coOUn\Jli\-
ty activist Peter Weary agdtnc.;1j
Chula VisTa ]\1'ayor Steve Pad~J-
la
VV':1try (~J~('ii{eS thai ;'131"'"'1 (,f the
process by whicll Pat.ricJ:1
ChClVtZ W~!S selected to fill ~ )i('
lJ i'.;,d "";,L',:'.l. ~
",i..; i~; 2/,lv~si.r:.g the ~-'-,
V\';, c.,' dai.rn, l'he el; ,'.;'~l"
~., "'.Ii. uJJer <,tclVlcC I,;;
!')I'"CaW5(;- 'the d'Cv
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'-\";'i_'~,' CGU.TS'\.~ to foilo'\!;
'"n;
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(:fnj':,i'~ in cbs.t,d Sf~~s~on." bi...ii.rd
ch;:,,:irD(;'r:,~on Ka.l'ell BDtch~<r ~;,;l,i"j
i,:;;:i~^('h(:,r ~i,:;tid dH' dOt,S1s't i,'..';cj11,'
; \)0" inv~K,t~gat:j{H1 into tlH: (',jj"n
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27,,(1"1
gEE nHIGS, ?A.tiE 12
City's former first lady wants to be mayor
CHERYL COX ENTERS
CV MAYOR'S RACE
By Patrick Heard
~rAJ:!) \VRrnm
Ending months of specula t ion
among South Bay pol.itk.l ob-
servers, Cheryl COlt has 311-
nounced she has decided to run
f(lr ITwJ:~~J! of Chuh~ Vj~;ta
CO)\, ;)i, made [!"1(~ .HH10UfH,"('
ment Tuesday a.ftE~rnoon at the
Galley Restauram '11 the Chul"
Vista Marlna beftliT about 7:)
sllpporters.
Cox said she bl'iieves ChuJi)
Vi'l!a Mayor Steve Padilia has
losl the confidence elf voter". and
that she will help re-establish
puhlic truSl j.ll city hall
"rrn doing this far ,om- l'(',W;OT1,"
ROu.ovER
M!fJrni1l!Cl<fJlHtf-l
,ol\lle II\d lire C:11!'fi:t. r~IlQndw! to ~ f..m-~0hicle ~eeid9l1t nn Olaw la~"s
Il..d~$t Il'f lI~nte PmMIWW ill MI\lltlay_ 8:lll:l<1lJi~la M!ig!1tm ex!rl'
. il~~~ar'llill ~li'ef t! 1M ~it~llp tmm llIe ",~!tz<!J~, wlm \Ij~~
~tIit.IleS!l!I~lIw' iierey lllt,
C r.; ~1;'dd. "1 \Vant \0 rp~"t(Jn::' 1,:nJb
Ii: i.fU,S,,! 1n 1'lJvernmem"
C(}x. cur;'~ntly serves un thf'"
BOiHli of Dl1'H:-~~rs of the Chub
Vi;sta ~1('m('nt3ry Sf.hoo] Dis.
tnct SJ'ie \va.:; elocted m NO'VCH\
lwr :-::;OUO. She \}Iras rcd~.(t<-'d in
2004. lier H'Tm expitt's in Ik"
cf.mber 2008.
She is the wife of S;,~n n1t'f~(1
C();;j.nty SUi)t'fVisor (~tt'!l ('('iX.
\lo'h(j a.l:;o ~-;erVti:>fj ,ll:', ni.;:-:ynr {it
C1mla Vista from J982To1990
~ 11 ;littH)U l'!dfflH her dec!'"inn,
C.ml dh'~,] v; hat ll,:-ts ht"C.OIlil' a f.::
wdhr lil,;-nIY of compbtlLt~
;Jg(~in'Si dW'!'Il;:tY(i!': Thi' l'i-ll1ld lip-
iXJimnu'i!\ "" itw cit\; COWWJ1Ijf'
I:'.:,lu!,:i;, ( Ild'/n:, PlIdilb\, h:UI('
piLle'f] chn,i(',-1fl tTp!;;("(" P;:li
1);W1'-, '.;vhu rl'~,;h~lj('d dw'1.o !:i
1I1"-;'. ~h\' ('\I:,1ro\l~T.j;d di'ci''''lC'il
1,') n ~;.\ili ;~ L'odY}~\I;~rd 1",
w;;, ,\I;j ('-:J',! ('~ >~10-,:!IL [I.'
lnH; i h, ;ind \ ;;1' r].. "'I'''\dH, ", ; \,
,l;'I:'<"'!;;' ;:nd t 1w ;,'i~ Ii ,'<I\!{wi f,e
!,:,'pl tll(HI-';d\d;~ (.','i d;IH
;"'j> I,. ri' :Ui.l\: i ),1 t : :,.
lJi.'l 'i 'il ',,(' C il' ,,'l'~ ,\.'
d;\'I;' .:: ,~.,
t'); .,'11'
"'.J'
)' ,j,
:i''',.'
i:: I !"(' (:,,; ,I,' "H C ~i' !"", i
,i i dW' :i'n~,();,!",i, :~w!
1(1,).\ ;:1 <'" V"i;~<
,it,!. :f;:'<~i'j);J ;,~ t hi'" I HI: '
~;rl'n ~,i~; 1>80;.\ (k.cid{"'d to r't.:ii
Ti-I i": iY,Yl't ~1 C'-ll.npa i.!.,(l' :1 h(J:,~':
'" ,. '. '.,"...'...'l'l.j",'.... .; ".... ,
\,ljJ' ,">' "',. d;,,.,,, "It:'.!< oJ I:::"
'c";~' DC' ;,"1[';,. 'Cjhf" 5;a;d.
(:{j); c:" "cd hv; Ca~n1J2i.s i!L~~':i"
'. 'i, i ':~ i,.; f> ,,""
,
Co;
!j,'
.>It """'k-
,..j ;\1,
CUI.I:;
: ,I';:'; ~
eVl ,,~ :
I..li;;'.....
ii("[
'.;':,;-"
Th " t \. ~)[ i..
~/T~ 1i:'1: ;Jfkr~ .'
.lnd :,1,; . i,eh d\.',
mmll:; ~111,d i':'i b~i
j\,12.ir Sj in Chl,!'.
!~ !' T\~~" rOt t:
I'
'~,.:\,;. CC'fnnHI,il.
\ ht,)\ win ),'1: a pr:
ati(;i: \'ntl:~r mjl'
h__ekll'~ Pili and I,
pWt~ \,1<cd'i :!<l ::~ 'l.
u,lnn;:'lil:i"1 n,'};.';!!",
40':) :';:~UU.
Umil,\j<<lil.'i"j:;
I"~I' l'iW llUU ~Ili~
{;I'" (, ,\? of I.
, ,
'. . ! i \1'\) ,.' ~ " ,
: i ',j 'I, Ill(' \ ~,
\1\ l \']ll r'~ b~,:
!w;nHJ" ':'\;1
:d"):f.,:-i 1 ,
,
'11 'I
. , ~ ~, ! t" ~
! , !~:I:;H
f/,;,'o '.'
f', ", "." II'~;
I'''':,
',',.! l.h~" ill(
".-
\"-l[.":
I;.
~ .' .. , ' i
! ';:J;I
j':'; ':;nn ,'j
-.},;,l.,;.
~;tI ~:!e.l~M~'I 1,}
,d' .. ~'i
9"~W' .- C1::'
I'~,"", '.;;J
uld
ern
Wi.
Jrh
ity
'0[>
~p
et.,1'
the sign~lures of registered i
c;lwla Vista voters, 0,. about I
g,6l)O ~ig~tures. !
Tho'tY tiln',:d in 1119'", ."!g,,.
tures to the c~ty d0rt..:.. ::~~:.~'-: ;;";
1.'", }muary
13m the" the Chllla -vista <Aty
'lent's aUk"" told petition t<,.-k.
.S they needed the ~l:l"o..;.a.h'"
of15percPtrtofrrP."lZi~~h","J ::. _~~,~
Vh1t~ VQ'(~P~ }1p-r ..:":...* tnI' . ,....'~p
ure ~'llfl ~l""e!:d tt"'~('!t:/3.ctlar.
it:r. :..io tt' hhY ::.-c(wres petJtwn~:
gatherer, collect signanm,s
from 15 percent of a city's reg.
istel'ed voters in ordeno change
~1 city's charter.
Uf-
~r;t
>er.
ty
.~er
le'j
lof
td
a
~d
o.
Feb.ll
1:48 a.m.~RQbb!lryitnd as.
salllt with a delldlY'Weapt>n ~t
Fourth Avenue alldG Street.
The vktim w'.u; p." hy sicaHy at-
tacked by three nWe sUspects.
The suspects sn-uck the vie.
timseveral lime$wlllletrying
to liet his pl'Opel"ty. The victim
was knocked to tb$; groulld by
a blQIV to the back of the lleek
by allllnknown objea, P<l/lllibly
a pipe,
5:48 p,m.-Asnuh with a
d.w<lly weapon .t Melrose
Street lit TlIlus Strl!(!l:. A firht
0CCiln'ed betweetlc~s ill
l'tWl YEihiell!$, Obef!l j ,_t was
al'llled Witha lItIekllDd lItmck
!hevletill1.
-<:'ompil.....~
F:,,r
:l'f
.
Ie
T()
!e
'll
II
k
,f,
a
27
entry; Cox (lar right) announced her plans to run fOF Cl1ula ',iSla mavor al a
Hews c0!1ferene9 ~il Tuesday. Cox is married ta Coumy St1DHF~isor Elml fonml!
Chu!a Vista Mayor Greg en
CGii.
r.1;~r:I:.. ;:.U fROM PAGE ~~
off to r;~jst. !O(.ltH'v i!\ mmd:H'or cd
PE(/Pli-' eou 'ld Of: ....r-.('n \v ri t i I!}.;:
ch(:c!\s.md pla(,1tip llwliI in I ',;::rJ1
paign ClJtllribullon ('!lvel[jpe!~
T1H'rc were 'S<:veral ;ndic';11(;.f'"
;I:'j :to'.'.' IHJ,1!;:r ht' baddn~ C~j\ 11i
lwr bid f() ttns(:.at J;'adilla.
Thr- .UlIHHll'l('("nwnt (}1 C~.i:,,'
press (Onkrellt"{< Tuesdavwas
distrihLH~'d vi;-! f...mail trc,m <:In
(,'mpioy~"(' ot ltw Mountain VI/est
UI'al~'y_J'nuii fJi-t:'t"i, prt~sidelll <llfd
CEO <If Moun'",n West H,'"ltv.
also) "I rend.,,] Cox' kickoff rally
He said iw ha,~;n't madl.3 up hi-s
mmd ~Tt ;~'..: i', ,-"j !:Iii.: j,didal('
lif'midlr'.;llpi)',rj
f"m 11:,,1I'l}P,F iJr:'h: ,}';.'';'' '~l:
'. "',
"-\'i("V'liJI~ ""','r.\'u~)\i:, ;" ';',
!)1Jirn." Pic:1"l S;ii,j
em: 'j;lU-; '.';,--)1.,1 i'" r: hi
i'!/lIling;i {'rIJ',(rJl.'!~' I" \H lh
"IC(' filS' l b.> ~ fl,i\, tf' i-k.~;jd~ ",
P,:dll];j xIJ.;! ;,f"li"!,;:'i,' (.d h~.
w,';ti(d '';h.k II'i:('(,~I':" ,dy i;~"I'
'o'l',n" el:'.';;, Vi-.!;-I \'i~1 ;IH1il.11
man S1'I'\'f' Cii",!;11':>."1;, ;;;i:;, ;,d'-.<;
,WIlIJLHH,'("d his. !hkll~Hln 1{j ni!!
PetTa BdLtj;I~' ;jl'mfJ~IIH'ed sh". 1<':
\;;vi'ilching h~'!" '-igln::; !nfil1791h
/\s~;i<mbh' H.' tJw m::~}'~i(S sn!l
alHI ~~oliti(";jl nt......('~.;['nE.r h ich;ll','j
Ma.das. .an Ea';t[;.lIH~ 'businf~S""
man. h~1S ;;:I:;u ;HUHfUnCi/'d he in
t(~-nd,;,; io !4-t'1+ dw x.oat
$.iLF.EP S~'A~T, t.~VIE V~/~iLL
~;n.. ~"'I'II"~r~r.:"""}
\)., .-~I:~.... I =1" ~~
'N ight
M.
: . ''1 .
S ,0 Ie
)" ","'u"" '..r....... ~ ~ 0 ," \;';; h b f" 1;"' i.."
. .,,,, . 'i,~~.. I ~ ~ .oS i. ,,,"J .,\.",;!~, "".
29
You're Invited
to II tBttttIfut ~ to mm
c~ftr:MdJot'rifC'uIit ~
Cheryl Cox
lFritfay, !May 19, 2006
fmm 7:30-9:304'"
'fNU(IiySi:IJtt !/IIi41M/XItdrfif ~
r# tM Iitw uJfwu ~
.'I'#ttz: !MtfDtJtfe '""'~ {Moot dt~
94J f'od)lmlltt
,1jjOt ~ ()dijiwrtill .1)~tM
~~ttJ""'fit"MJ4U8
W yru-)IlilIllS MId!lRlWd 11M ~ CUI!llbdlllo
C'*JlClltiJr~. )QI1lllIJ'1IIllIJ\llJf_1o
ll47W1rod8orClrd8. ClIoI8 VIGID, CA ll'l910.
~................t...~__l~
J:.~..._."...~ . , . .Ie,!."';;'"
.' ....:.. ~~~' .'::I~'
:(~".. <;J.i~~~t.~...
'.
.\
.
..... "
tl~.....t.
30
Chula Vista delays voting on condo plan
[S Edition]
The San Diego Union - Tribune - San Diego, Calif.
Author: Shannon McMahon
Date: Apr 5, 2006
Start Page: B.1
Section: LOCAL
Text Word Count: 679
Document Text
CHULA VISTA -- To the trustration ot several homeowners and tenants, the city attorney said yesterday a vote on the
final guidelines for a condominium conversion in the Sunbow neighborhood will be indefiniteiy delayed, pending a
review by the state attorney general.
The decision affects at least 42 tenants and 53 homeowners who have started rethinking their moves to or trom the
complex, called Sunbow Villas, which is being converted from apartments into condominiums. Many homeowners had
planned to move into the newly remodeled condos in late February.
"We're upset," said Kim Brown, who expected to move into the complex more than a month ago. "We think this is unfair
for us and the other people who are suffering in the process."
The City Attomey's Office delayed a vote on the item for three weeks while it in""stigated a possible conflict of interest
involving Councilman Steve Castaneda, who is a renter in the apartment complex.
The council approved an original version of the conversion plan in March 2005. That plan included a "supplemental
agreement" that required the developer to provide renters relocation benefits of $1 ,000 and refunds of their security
deposits, among other things.
Assistant City Attomey Elizabeth Hull said last week that Castaneda did not have a conflict since he moved into the
complex in August, which was too late to qualify for the benefits and after the March 2005 vote.
Still, the draft that was expected to be voted on by the council last night excluded the "supplemental agreement" that
contained those renter benefits.
Several tenants and tenant-rights advocates spoke at the council meeting last night, urging the council to include the
"supplemental agreement" in the final guidelines for the agreement.
"i don't understand why you would throw these protections out the window because ctthe poor judgment of one council
member," said Roxane Auer, a Los-Angeles based tenant advocate who has been representing several Sunbow
residents since October. Auer said tenants face increased uncertainty if documents securing relocation benefits and the
reimbursement of security deposits are not included in the city's official document.
Managers from Pacifica Companies, which is developing the Sunbow project, said regardless of a "supplemental
agreement," the company will give relocation benefits and security deposits to tenants within 10 days of recaiving their
notice of intent to move.
"Anyone who moves out will get that," said Project Manager Richard Campbell, who argued that Pacifica is also a victim
in the delay.
Eighty-eight units in the 202-unit compiex have been upgraded and are ready to be soid as condominiums. But as the
delays continue, Campbell said, home buyers have canceled their reservations.
"They do not want to wait for such a long time," Pacifica Regional Manager Rajib Sengupta said of potential condo
owners. "We lost six buyers last week."
Castaneda was not sitting on the dais last night during most of the discourse involving the condominium conversion.
Castaneda did not return a call seeking comment.
Last week, Castaneda said it was never his intention to inconvenience homeowners or tenants and said he was only
renting the apartment until his wife chose a home to buy.
"We all have to recuse ourselves from votes sometimes because of where we live," Castaneda said. "I don't want to
create problems for these people, but I have to go find a place to live."
Castaneda did not have to recuse himself on the original vote of guidelines for the conversion because he was not yet
living in the apartment.
The potential cOhfiict of interest stemmed from a section of state government code 1090 that prohibits public officials
30
from voting on any issue that benefits them financially. Under certain conditions of the code, if one councii member
stands to benefit from a vote, other members are prohibited from voting on it.
The govemment section code says, "Members of the Legislature, state, county, district, judiciai district, and city officers
or employees shail not be financially interested in any contract made by them in lheir official capacity, or by any body or
board of which they are members."
Credit: STAFF WRITER
Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibited without permission.
Abstract (Document Summary)
The City Attomey's Office delayed a vote on the item for three weeks while it investigated a possible conflict of interest
involving Councilman Steve Castaneda, who is a renter in the apartment complex.
"I don't understand why you wouid throw these protections out the window because d the poor judgment of one council
member," said Roxane Auer, a Los-Angeles based tenant advocate who has been representing several Sunbow
residents since October. Auer said tenants face increased uncertainty if documents securing relocation benefits and the
reimbursement of security deposits are not included in the city's official document.
Castaneda was not sitting on the dais last night during most of the discourse involving the condominium conversion.
Castaneda did not return a call seeking comment.
Reproduced with permission of the copyright owner. Further reproduction Of distribution is prohibited without permission.
~....
May 26, ~:006
Executive
Editor:
Car-!:JS Davalos
427-3000, 102
editor
@thestarncws.com
u "e,
_,mWfjf!l~-'{'llgr~vr,~::,:~ :I):;'h
.\.~_~~h.,~ ~~.__ \l,!<P!,"
rVlally n'~~i"\"jn!; ",ill ]'-
i\.1ollday. ;l.'by LJ, ~lO;i .,...
Castannrf~ .,.. l1nfribU+ft." """'"'a' 'd"e
',,~r:!...-.~::S~ "I ijU'~ III ,~
tens of thij~sands together
r MayoraIl;pefui;~r ~ideb;e ,
j I v Frank PruetT ,. ' I I'
I '
I 'IJ\FF',I:'RI11'Jl
I Mavnri:ll c:andidaies to,,;
slltn <it '!)(}silioning ih....,..
~:dyf's and needling t>;,< i;
II O1.lwr in a deb.<llf' 'tVt;drH'~:d ..
night ~111he Vogue The;n _I"
OJl Third l\\lemu\.
I From restoriilJ.! tl'~J':it to ;
developing f}w'ci{:..;'~ c;.'
. illldl.1(.!\'fr(lnrdi"'l,.jc.s.~".l
\ n~!:'aj::l.". ~;,i"V,' Cil,,;ulnl'i]
i [h...rvi ell;'; i~!(":'lrji(
"j,: \ch'j(. ft.bCI.i::' aiid
'.le''\.')'' P-Id!H<i f"n';! ,;;rt
dli!:i !,:iuL r;IjTrl
" ,;;. f\ .''.T,t. iin':
By Frank Pruett
STAFf'" \~'H1TC:k
I
I
g
~
,
,
~
Ii
I
Documents received by Thr!
Star News show that: council
membt'r and mayoral c,ludidate
Steven Castaneda made $65,O(J(J
with partner Henry Barms, an
area developer and a long~tinH'
campaign contrihutor. which he
did not report on state disclosure
forms.
Th(~ windfall C~l.me (rom II
lnnd deal (~xeeuted htst y(~nJ'.
According to Robert Stern, "
principal (;oauthor of the Politi.
cal Reform Act of 1974. which
sets fonh the conflict disdof~\ln'
n~quir(-'men!s. C,;:wt:lllled.i W;\S n'
qUired to rt1)ort the income ~lrrd
iIs sourcE' in his statement of
(~colJomic interest
"ff he received anv nlO1lf:V 1.('11.
in?' tht propenY,lh<>li IH>shoHld
hav(~ li..;tcd the il1(OI1W," S{crn
&1id. "I.f lhcsOLU"{~(~ of the in(ome
liw's ili or does btl::>int's'S in Cht!.
la Vi~l;l. then h{> would hmr(' 10
list tlIC bUYt;>'f with tlH' profH'j"
~\P .:'
. , ; 1 '- ~.. 1 '1"
i),. I':.;;n ;-lIi:,""-'
ran$~f.' of <l!110UfnS"
A(x'ording loCO\lnty Rf'cordt'l"
n~r()rd"). tIle purchaS\."'(} prU!Wft y,
a vac;J.1l! 10f next to th(. S<lll
J)jl.~go Country Club neat 40 L'
Strf'el j" .~\,'~dj-wf:'St Chula \liSle!.
W~I~ ;'lJu~<ii hy Barn)l!\ :and Cas.
l<;I,c~hj ~',::: i\ug;:' from, Lau(', V
hdt.;i t!'111!H \lst.a !'t"sH]f'nt. tor
~,:h;,;.~.I00
it sold DI""t" IS to Marh 'rhlan.
<.Iii .^.n-vf'do ill $370,O{),O
'1'#H' nel g;Jin from tilt' sak
amolmts to sliJZlniy mon' than
~l pt'ft"I'nt Over 11w f(Jur rllolH hs"
! hf' p;'lBr held tlH" dt'f'd
'TIe [pl.di! sold t hI' 101 d 11_":1 fJ.
Ca~;tal\('d;l said of IIH' r,h.d!. .lks
.;w t)ld('f l~'llmv Whi)'S(11'dl(-d thl'
prup"ny for;1 bng timt", and tll"
n'::dll'd 11 pOint in his:;f(. W}j;'Y:.
Ill' klr tHo' W;1fJf{,d to :.d! il h'i'
IlC\'t'r 11ll.'l ! hf' Vol"lll kH!aH~
..J Wid {,;l~h with Ht.nrl', fifl \.
Ii I i Y (,:l~;h.~ 11(' <..;aid .
! rltWNI~.! ;l In,lll fnJl1l Bdfr\J\
W:,S. !,!t(-T discov~'n'd on lh('
pl.(Jp~.:"ty (ji:-;('Jnstln> il~ [;;;i!all,'
,i;!.:o:. ~:;ll(,'fll"!ll of ,,"'Cof1mnic in
j 11,:,,):.
.d l
'd::n:.
u t- ;,',u t i ~;,(
li":;':'r\!I,
\ ~.. i i \.i ',\ f,.,'
P).:,: 'I.'
\VI !'i ',; hiI(;:; f_'",r,'-' <Ii'I ';' i!-,
~'(iI':~ (dficl <:Id ~'(ii;i:
~ 1(-';;: tlt.r C,~!,,! .1 r" !";,;
in i'll' C{!lI',;; ,,:
:J I i'~ ': "l ' ,
, \: I ,~; ( (';"1 i,; i
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'f:)",'.
..":\':
,,~ Ui'il\" ,
,I.,. .
; I". ;'
;"
, .. ~ I ;
"I ~
ti.
If'n.'sts th,lt li~l~ t!1(' <lIllOUllt to
bt', in Ii'll' r<lllg(' of SJ(U)Ol ID
$J()O,(){KI
Barros' imm !enn:.; 1m' Ji~,;ted ,l,.
6 pei"c(-nt over f) m()ll[h~ on Ill("
st;HE'rll('ll! ,!\...k("d ;jho~t!t lht-dnr
urn<;'llt. C,:-sti;!IH'd;i ~\(klJovd
edged hE-' i,ormwed from RlITil"':
10 pay ful' !Ji~; J1;df of !ht. pnlpt'r
ty bU1 1;';\: I I-H' pllrch;Js~' v,'hrdc'
\'>'<:lS cash
~l put up .:i ""rl;;11l ;l,~lWil;ll (It
mOflf'Y (';,.,llI0 niVf'r. h(. <,;jjd
"\Vt- Wjlllkd a quick l:S('ro~'I.' ~,U \Vi'
jJUll.lf! rash I pm .lli ;';5,000, th,'n
:<:.~o,o(Ju alid 1111'11 s:~q.OOO cd fll\"
\jWJ\ (";[0.;11 1.fI" 1'.111 1':1(' ~;7:J,(llJO
I iH'll I IJaid ilJlIJ J.,;,~ k \\1)(')1 WI'
';nld,:'
\Vlll'tJ ;i~".kl'ij Vi!";\';j J1l0ddl'vd
!JIWI' would pill Lq; ,';;/!i.OOO if I ,1
loan II) ("IJl.1 P;!fl!ll'l' lH for;1 brg
~'1 ',)liiJ"i' qi ;hi' plfi!Wny Ill,11l
th,lt InI'lJl!~ {'()uld pt()Vi()(..(,l~;
i;'n(.(];; w;l,-."IIIlr!
"~i('r;DI(, );',rTow !';lUl1f'V 1.1 bu.~'
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Chuta Vista to investigate complaint on Castaneda I Allegations refer to 2005 land
deal
[S IiEdItIOfl}
The San Diego Union - Tribune - San Diego, Calil.
Author: Tanya Mannes
Date: Jun 15, 2006
Start Page: 8.1
SectIOn: LOCAL
Document Types: INTERVIEW
Text Word Count: 1123
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CHUI.A VISTA __ The city's Board of Ethic.s wants to know more about City Councilman Steve Castaneda's dealings
with Chula Vista businessman Henry Barros,
The board met yasterday to discuss a complaint, filed by a Bonita man June 5, that references a 2005 land deal in
which Castaneda and Barros purchased a vacant lot, and then sold it five months later at a $65,000 gross profit.
Alter more than 90 minutes of discussion in closed session, the board voted unanimously to refer the matter to the state
Fair Polifical Practices Commission and the San Diego County district attorney.
'There Is probable caUSe to further Investigate Itlls complaint," Vice Chainman Christopher Seartes said, reporting the
resutts of the closed session.
Board Chairwoman Karen Batcher was absent. All other members were present: Searles, Guy Chambers, Felicia Starr
and G, Michael German.
Castaneda did not attend the meeting, He said after being informed of the outcome that he was surprised the board
dldn~ ask to hear his side,
"It's confusing to me,' Castaneda said, "I really wish they would have asked me to provide Information before they
involved other entities in an investigation."
Castaneda and Barros purchased a vacant lot at 40 L St. for $305,000 on July 14, 2005, according to property transfer
records, They sold the property Dee, 12,2005, for $370,000,
The men have known each other for four or five years, Castaneda said, About three years ago, he lent Barros $65,000,
which Barros paid baCk, he said, The money was to buy a property somewhere in the county, not in Chula Vista,
Castaneda said.
Castaneda suggested that the complaint __ filed one day before the primary "Iaction, in whiCh he was running for mayor
.. was 'a political ploy." He came In third,
The complaint, filed by Mark Croshier of Bonita, alleges that Castaneda's business relationship wtIh Barros was a
conflict of interest that should have been disclosed when Castaneda voted in December on the city's General Plan
The General Plan sets areas of toning and thus affects the value of land in Chula Vista.. including seven properties
owned by Barros,
The complaint states that Castaneda "is beholdan to Henry Barros, who has a substantial economic interest in how the
Ctty Council votes regarding the General Pian Update and other zoning issues."
Croshier, a retired Chula Vista police officer of 28 years, said he considars it his duty to speak up when he believes an
elected official isn' demonstrating Integrity,
'I'm not gonna let anyone take down this city that I gave my blOod for," Croshier said in an interview,
The Board of Ettllcs does not release compialnts, saying thay are ocnfidentlaL The San Diego Union' Tribune obtained a
copy from an associate 01 Croshle(s,
Croshler alleges in the complaint that Castaneda profited from the deal with Barros, aithough Castaneda dldn~ put up
any cash, a claim that Castaneda said is "completely false."
Castaneda confirmed in interviews that some statements in the complaint are true.
For example, the complaint states that Castaneda failed to report the Income from the sale of the vacant lot wtthin the
FPCC reporting period, which Castaneda acknowledged.
8/16/2007 10:54 A
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Castaneda filed updated forms lasl month In which he reported the income.
He also said that he borrowed $98,000 from Ba,,,,s for the land deal and regretted thai he did not disclose that loan
befOre voting on the General Plan.
Castaneda said the loan was at an annual "market rate" of 6 percent, the same rate that was being charged by
commerciallendiog institutions. He didn't think he was getting special treatment, so he didn't think it was a confljct of
Interest, he said.
He said he spoke with a deputy city attorney belore the General Plan vote.
"When I talked with the attorney, I said I own a property with Barros," Castaneda said. "She said, '00 you have a direct
benefit from any of his other properties,' and I said no. I didn't teil her I had a loan at market rate, which I shouid have."
Barros oWns seven properties In west Chula Vista, inciuding the former Lions Club building. A databsse search turned
up 24 Barros real estate transactions in Chula Vista in the past fIVe years. Only this one involved Castaneda, who
serves on Ihe council part-time and IS a transportation consu>>ant.
The deal was Initiated by Barros, who said he spotted the low- price listing and jumped at the opportunity.
Barros said he had put the lot in escrow, intending to buy it with other parlners who later backed out.
"I dkln't have enough cash to close," Barros said in an interview. "I was in a jam because I didn't have the money."
He approached Castaneda, who agreed to go in on the deal.
The Iwo planned to borrow 100 percent ollhe price of the land, they said. The partners ran into a snag when they
learned 1hat a lender would finance only 50 percent of a vacant lot Castaneda said he didnt have the cash lor that kind
of deal.
Castaneda ultimately agreed 10 put in $55,000 and borrow $98,000 from Barros, totaling a $163,000 investment He
disclosed the loan in FPPC lorms.
Barros paid lor the property, putting up $153,000 cash for his end 01 the deal, plus the loan to Castaneda.
"I usually go 50-50," Barros said. "In Illy mind he was taking the risk just like I was because the property was the
collateral."
Castaneda mede loan payments to Barros in September, October and November, upping his cash stake to $85,000,
according to canceled checks.
When the land was sold in December, each received a check for $171,583. according to records.
Castaneda paid off the remainder of his loan to Barros, along with $2,445 in interest
That left Castaneda with a net profit of $16,638. Castaneda dldn1 report the income during that period - "a mistake," he
said. . waiting until May 30.
The complaint also contained allegations about Castaneda's campaign office, which was in ranted space in a building
owned by Barros on G Street The complaint claims that Castaneda didn't disc 'lose the rent paid during the two months
he used the office before the primary.
In fact, Castaneda did report the rent payment of $900 in forms filed May 25 with the FPPC.
This is the second complaint that Croshiel has filed in the past year against Castaneda. Croshier asked the ethics board
in June 200510 determine whether Castaneda would have a conflict of Interest in voting on the high-rise project known
as Espanada because tihe councilman's brother, Bob Castaneda, was a paid lobbyist against the project.
That complaint was dismissed for lack of evidence.
Credit: STAFF WRITER I Union-Tribune researcher Anne Magill contributed to this report,
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Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibited without pemllssion.
Abstract (Document Summary)
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8/16/2007 ]0:54 AM
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bula Vista to inve~tigate complaint on Castaneda I Allegations refer to ..'
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The men have Known each other 'for four or five years, Castaneda said. About three years ago. tle lent [Henry Barros}
$65,000, which Barros paid back, he said. The money was to buy a property somewhere In the county. nol in Chula
Vista, Castaneda said.
The complaint, filed by Man< croshier 01 Bonita, alleges lhat Caslaneda's business relationship With Barros was a
caNUcl of interest that Should have been disclosed when Castaneda voted in December on Ihe city's Generai Plan.
Croshier alleges in the complaint that Castaneda profitadfrorn the deal with Barros, although Castaneda didn't put up
any cash, a claim that Castaneda said is "completely false:'
Reproduced with permission of the copyright owner Further reproduction or di6tribution is prOhibited without permission.
8/16/2007 10:54 P
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~hula Vista counciYbusted budget~ report says I Padilla caUs study a potl.._ hUp:llpqaso.pqarcmveLCUHUlSaIU.Uc::gv-Mlllla..,,,,,,,,,,,::,J -1 I. JJ ,l.....,.;..v"-J, .~u.J.UJ' ...u.......
32
Chula Vista council busted budget, report says I Padilla calls study a political tool
{S, C Edition]
The San Diego Union - Tribune. San Diego, Calif.
Author. Tanya Mannes
Date: Oct 28, 2006
Start Page: B.4.C
Section: LOCAL
Text Word Count: 743
DocumentTel<l
I 01'3
8/14/20072:26 PM
hula Vi,ia coulld] busted budget, report says I Pattilla calls study a polL
http://pqasb.pqarchiveLcomJsandiego-sub/accesS/l 153 I 5262 I .htn11?did...
32
'!Editions vary
CHULA VISTA _ In a report released two weeks before the Nov. 7 election, a taxpayer watchdog group is attacking the
City Councit for what it describes as a "self-Inflicted fiscal crisis" caused by overspending.
TaxpayersAdvocate.o19 President Scott Barnett analyzed Chula Vista's budget documents and concluded that the
council busted Its budget four years in a row while racking up more debt.
His report, tilled "Chula Vista - The Looming Fiscal Crisis," was released Wednesday.
"They are just out-of-control spending, based on the numbers," Bamett said yesterday. "The revenues have been
fabulous and they're stll spending more than they're taking in."
Mayor Steve Padilla, who is running for re-eiection against Chula Vista Eiementary School District trustee Cheryl Cox,
blasted the study as a potitlcal tool.
"This report contains as many misrepreserrtations and mischaractelizations as the campaign they're supporting," he
said. "The person who produced it is the past president of a right-wing political organization that is spending thousands
of dollars, as we speak, to support my opponent."
Barnett served from 2001 to 2003 as president of the Lincoln Club, a Republican donor group that spent $34,135 this
year supporting Cox in her bid for mayor, according to campaign finance disciosures filed Thursday and yesterday. He
said he is no longer a member.
The budget has been a hot topic in Ihe mayoral race.
Cox has made the budget a main issue in her campaign, criticizing the city for "blowing through" miltions of dollars in
reserves since Padilla was elected mayor In 2002.
Padilla has defended the reserve spending. The city dipped into savings for several reasons, inciuding a $5.3 million
reduction in revenue from the stale over several years, and for $2.3 miliion to buy property for the new Hartlorside Park.
The reserves are currently at 8 percent, which he described as healthy.
Cox said the study illustrates the need for a "deeper anaiysis" of the city's finances.
"One of the reasons people support me is that they want to know if aur elected officials have spent our money wisely,"
Cox said.
Barnett, who was executive director oflhe San Diego County Taxpayers Association for seven years, iaunched
TaxpayersAdvocate.org In Mayas a "nonpartisan watchdog group" on issueS of government finance. He said there are
Democrats and Republicans on ttle group's board of directors.
Barnell said Chula Visla'S spending has consistenUy outstripped heatthy revenue growtl1.
When revenues exceeded the city's own projections, Chula Visla spent that money, then tapped into the reserves. As a
result. the city spent $21 million more than it took in during the past four years, according to the study, Which is based
on the city's budget documents.
Meanwhile, the city significantly increased its debt, pension liability, salaries and payroll, Barnell said. He said the city
could be forced to raise taxes or cut spending "to address tllese alarming fiscai issues,"
S(jrnefindings in .lhert;>pOrtecho a presentation thatf"lfmt;>r City CoUncilmmn John Moot, arid cOmlilunity activists Russ
Hall and Kevin O'Neill. made Oct. 17 during public testimony to the CityCounoil.
OVdlll;lthaqiresslltatiOh M\lot displayed large p9\\lel bOard chertssliOwing year-over,year budgelcomparisons. Hall,
MootahdO'Neiilare suppbrtingCox Iii her bid for mayor.
CityCouriclirl1an.JOhn-MCCalin, Who "",dorses Cox, said the report supports hiS own conclusions.
"I lake the study very seliously because I had some Of the same concerns during the June budge1 hearing," he said.
"We can't go on spending more money than we take in."
McCann distributed a memo to the council May 30 in which he asked for an explanation of Why the city was spending so
much of its reserves, Which at one point dipped below 8 percent.
Since the budget hearings June 20, McCann has pushed city staff to come up with a contingency plan for budget cuts if
they become necessary.
The city is stili working on that contingen~'Y plan, said acting City Manager Jim Thomson. He said the department heeds
submitted potential arees for cutbacks a month ago. City staff members are analyzing first-quarter finenciat statements
to detennine the amount the budget could be reduced, he said.
8/14/20072:26 P
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:hula Vista council busted budget, report says I Pactllla caUs smoy a pall...
32
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'~lt'$ a work in progress at this time depending on what tne numbers show," Thomson said. ''The city is in solid financial
condition and we intend to keep ft that way."
Finance Director Maria Kachadoorian said she is preparing a report 10 the Cfty Councit in which she will respond to
Bartlett's findings.
Credft: STAFF WRITER
Reproduced with permission of the copyright owner. Further reproduotion or distribution is prohibited without pennis'5lon.
Abstract (Document Summary)
TaxpayersAdvocate.org President Scott Barnett analyzed Chula Vista's budget documents and concluded that the
council busled its bUdget four years in a row while racking up more debt.
Barnett served from 2001 to 2003 as president of the Lincoln Club, a Republican donor group that spent $34,135 this
year supporting [Cheryl Cox] in her bid for mayor, according to campaign finance disclOSUres filed Thursday and
yesterday. He said he is no longer a member.
During that presentation Moot displayed large poster board charts showing year-aver-year budget comparisons. Hall,
Moot and [Kevin O'NellQ are supporting Cox in her bid for mayor.
Reproduced with permission of the Copyright owner. Further reproduction or distribution is prohibited without permission.
30B
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CHULA VISTA -- The Lincoln Club of San Diego County is using its resources to get a Republican elected mayor on
Tuesday.
The political action comm~tee has spent $50,872 this year, mainly on direct mail, to heip R.epublican Cheryl Cox in her
campaign to unseat Mayor Steve Padilla, a Democrat.
Lincoln Club E;xecutive director Ctlris Niemeyer said the Chula Vista mayoral race, which is nonpartisan, is ''the most
Important race for us in the entire county,l.
"Our track record will show that over the past few years we have spent big for the hottest races," he said yesterday.
"Chula Vista is going to be a big city in the next decade, and it's important to have a strong person as mayor."
The Lincoln Club is a Republican donor group that states ~s mission is fostering fiscally responsible government. With
more than 400 members, the club has raised nearly $432,000 this year.
The club received major donations from people with Chula Vista ties: $10,160 from Suncoast Financial Mortgage Corp.,
which is owned by David Malcolm, a former city councilman and pert commissiOner; $15,050 from Jim Pieri, owner of
MountainWesl Real Estate; and $13,000 from the Village Club Card Room on Broadway. which is owned by Harvey
Souza.
The Lincoln Club has blanketed Chula Vista households with glossy pamphlets that aflack Padilla's character,
headlined: "Steve Padilla... A Shameful Record."
The pamphlets criticize Padilla tor taking pay advances on his mayor's salary and for using c~y money to hire a
$10,OOo-a-month bodyguard to drive him around while continuing to collect his car allowance.
"It was deceitful for Steve Padilla to take both a taxpayer- funded chauffeur and a car allowance," one mail piece slates.
"It was shameful of Steve Padilla to take 10 pay advances,"
Niemeyer said that Padilla's poor pertonmance in the primary -- he tralied 10 parcentage points behind Cox -- shows he
can be beaten.
"We know he's vulnerable, and we'n go after hirn,1I he said.
Cox, a trustee of the Chula Vista Elementary School District, has worl<ed as a government lobbyist for saveral Chula
Vista businesses.
Padilla said he wasn't surprised to hear that Malcolm, Pieri and Souza donated to t~le club. In mailers and in public
statements, Padilla has hammered on Cox's past consulting work for "oonvicted felon" Malcolm and "casino owner"
Souza.
In 2002, Malcolm resigned as Chula Vista's represHntativ€ on the Port Commission amid controversy over his lucratfve
consulting contract with a company doing business with the pert. He later pieaded guilty to " felony conflict-of-interest
charge.
Pedilla said Pieri is "stili angry" about a failed high-rise project propesed tor downtown Chuia Vista. The Espaada
project, which called tor two luxury condominium towers on H Street, drew criticism from residents who said it was out of
character w~h the neighborhood.
Pieri said he spent millions of dollars on land and planning. In October 2005, Padilla yielded to pressure from community
activists and yanked his support for high-rise zoning at that site, killing the project.
"It explains a lot." Padilla said. "Birds of a feathar flock together, and it Is now clear that Cheryl Cox is the David
Malcolm- Jim Pierl-Espaada high-rise candidate for mayor of Chuta Vista."
Pieri said he donates to the Lincoln Club regularly.
"Every year I contribute to the Lincoin Club beCause they do the best job supporting the Republican candidates In the
races," he said. "I don1 teli them what to do. That is up to them,"
Pieri said he has "basically stayed out of' tile Chule Vista mayoral race and is not supperting either candidate.
Malcolm 5aid yesterday that his wife, Annie, who is president of Suncoast, was the one who donated to the Lincoln
Club. He said they suppert San Diego bailot measures Propositions Band C -- and have no interest in the Chula Vista
mayoral race,
"I've lived in San Diego two years and I am very Ilappy to be out of Chula Vista politics," Malcolm said.
Cox has known Malcolm tor rnany years and said she considers him a supporter. She worked as a consultant for
200
8/15/2007IN2 PM
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Suncoast in 1996 and said she was paid $25.000 for helping the company bring Knott's Soak City water park to Chula
Vista.
Souza. who hired Cox in 1998 to help expand his card room, did not respond to a request for comment.
Cox said that her supporters are performing a public service by giving to pOliticai action committees,
"The value in campaign contributions 15 the contribution to the political process Itself," Cox said. "It helps candidates by
getting the word out and educating the voters on important issues."
She noted that Padilla could be calied the "union candidate" be~.ause the San Diego Imperial Counties Labor Council
supports him.
Chula Vista has strict rules ebout donating to polttlcal candidates. An individual can donate no more than $300 per
candidate per election.
But political action committees, like the Lincoln Club, are abla to accept contributions of any amount. The money goes
into a pool and is spent according to priorities set by the club's board of directors, Niemeyer said.
Malcolm's donation to the Lincoln Club bolsters Padilla's efforts to link Cox to Malcolm, In August, a Padilla campaign
worker was caught taking photographs of a Cox fund raiser In an attempt to get a photo of her with Malcolm, who didn't
attend.
"Mr. padilla needs to talk about what he's done in Chula Vista and quit worrying about someone who lives in San
Diego," Malcolm said. "He's trying to deflect from what he did. The men stole public money by taking pay advances and
car allowances he didn't deserve."
Contrtbution scenarto
Candidates for publiC office in Chula Vista can accept up to $300 per person per election.
political action committees don't have limits on how much they can accePt.
One PAC, the Lincoln Club of San Diego County, has spent nearly $51,000 this year supporting mayoral candidate
Cheryl Cox in her bid to unseat Steve Padilla.
Three donors with Chuia Vista ties gave at ieast $10,000 each to the club this year: David Malcolm, Jim Pieri and
Harvey Souza.
[illustration)
2 PICS 11 CHART; Caption: 1. Cheryl Cox 2. Steve padilla 3. Contribution scenariO
Credit: STAFF WRITER
Reproduced with permission of the copyright C1wneL Further raproductiofl or distrIbution is prohibited without permission.
_"'__.________..__".,"__,.,_...__.._'_,.,___._.~._.__...,._"". ._____....___._____....__...___.",."_.__...__.......____..___.____..._..__.. _......~.."_..m____.____
AbStract (Document Summary)
[Steve Padilla] said he wasn' surprtsed to hear thet [David Malcolm], [Jim Pieri] and [Harvey Souza] donated to the
club, In mailers and in public statements, Padilla has hammered on [Cheryl Cox]'s past consulting work for "convicted
felon" Malcolm and "casino owner" Souza.
"It explains a iot," Padilla said. "Birds of a feather floCk together, and it is now clear that Cheryl Cox is the David
Malcolm- Jim Pleri-Espaada high-rtse candidate for mayor of Chuia Vista."
Malcolm's donation to the Lincoln Club bolsters Padilla's efforts to link Cox to Malcolm. In August, a padilla eampeign
worker was caught taking photographs of a Cox fund raiser in an attempt to get a photo of her with Malcolm, who didn't
attend.
Reproduced with permission of' the copyright owner. Further reproducllon or distributIon is prohibited without permlssion_
8115/2007 12:421
3 on
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v l-ctones called a mlWdate tor change I Chula Vista winners vow good g.;.
http;llpqasb.pqarchiver.comJsandiego-sublaccessll161135411.html?did..
34
Victories called a mandate for change I Chula Vista winners vow good governance
[R Edition]
The San Diego Union - Tribune - San Diego, Calif.
Author: Tanya Mannes
Date: Nov 11, 2006
Start Page; B.8
Section: LOCAL
Document Types: INTERVIEW
Text Word Count 769
Document Text
CHULA VISTA -- In a dramatIc leadership change, Mayor Steve Padilla and Councilwoman Patty Chavez lost their
seats Tuesday after months of tough campaigning and news reports that focused on the public's lack Of trust in City
Hall.
.,"...... ..~--_."-_. ""'''--'-''-'''~'''''--~-----~'-'''.~"
Voters shOWed their dissatisfaction by ejecting school trustee Cheryl Cox as mayor and business owner Rudy Ramirez
as councilman.
The two challengers said their victories n each by a solid margin ~~ are a mandate for change. An incumbent had not
lost an election in Chula Vista Since 1970.
"II's goIng to be different from now on," Ramirez said Wednesday. "We're going to be straight up. We're going to be
forthright about how we go about doing things."
Cox said, "It's an afljnnatlon by voters that what they're looking for in government is good governance."
While the race drew attention throughout the region, fewer voters participated than in previous years,
Thirty-five percent of the cny's registered voters cast ballots, compared wnh 44 percent in the 2002 Chula Vista mayoral
election, according to the county Registrar of Voters Office.
Cox's campaign centered on fiscal prudence, She criticl~ed the City Council for "blowing through" millions of doNars in
reserves.
She said her message resonated with voters who distrusted Padilla after his personal financial problems became public.
Wednesday, she pledged to seek an independent audit of the city's finances.
"Thefirsi thing we need to do is make sure our financial house is in order," Cox said.
I'lamirez had worried that Chavez would betlefit from an incumbent's advantage after srle was appointed In December to
fill a council vacancy. He and others said that Padilla manipulated the appointment process with the goal of grooming
Chavez as a contender in this election.
In the end, Ramirez won by 13 percentage points: Cox won by 11 percentage points.
"It shows the voters are paying attention and they're engaged, and I'm grateful for that: Ramirez said. "Nobody'. going
to Snow the cnizens of Chula Vista."
Echoing a campaign promise, he pledged to fund street repairs and of her meat-and-potatoes maintenance.
"We're gonna live within our means and we're going to pay for the basic stuff first," he said.
Cox and Ramirez will be sworn into office Dec. 5.
Padilla celled Cox on Wednesday morning to congratulate her and piedge his support.
"I love my City very muoh, and j respect the decision of my fellow citiZens," said Padilla, who was a police detective
before he was elected to the council in 1994. "I am very grateful for 12 wonderful years and the opportunities this
community has given me."
Padilla said he will spend file next few weeks reflecting on what his next job Wili be. After calling Cox, he said he was
taking his 12-year-old daughter, Ashleigh, out for brunch.
"II's kind of nice to have my life back for a little bit: he said.
Chavez said she was Proud of her council work on traffic calming and graffiti eradicatIon Formerly a stay-at~home
mother, she said she learned much about the Jnner workings of government.
lof2
8/16/2007 10:57 AM
Victories called a maildate for change 1 Chula Vi~1a winners vow good g...
34
http://pqasb.pqarchiver.com/sandiego-sub/accessl1161135411.html?did.
"I~ has been an Incredible yesr,oI she saki. nWho else can work and give back to the community at the same time?"
Cox is a trustee "flhe Chula Vista Elementary School District. Her husband is San Diego County Supervisor Greg Cox,
a former Chula Vista mayor.
Ramirez owns San Diego Architectural Metals, e metal fabricetion business.
Both challengers bui~ large war chests.
Cox raised $203,858, which was $34,800 more than Padilla collected, according 10 campaign finance disclosure forms.
The Lincoln Club of San Diego County, a Republican political action committee, spent neariy $51 ,000 on her behalf.
Ramirez collected $104,369, which was $46,400 more than Chavez raised. Ramirez aiso received financial becking
from the Associated Builders and Contractors Political Action Commfttee and local landlord Earl Jentz.
Padilla and Chavez received some support from the San Dlego- Imperial Counties Labor Council, but the union's
spending tapered off as polls showed they were losing ground.
The incumbents spent much of their time on the defensive.
Padilla began losing ground a year ago after threats prompted him to hire a $10,000-e-month bodyguard. The
bodyguard controversy led to greater scrutiny of Padilla's personal finances, which were stretched thin after a divorce
and custody battle.
The San Diego Union- Tribune reported in April that Padilla had taken 10 pay advances on his mayoral salary to help
payoff personal debt. OUtraged resl<:lents criticized Padilla in publiC forums.
[lIIusti'allon)
1 PIC; Caption: Cat-lover Cheryl Cox, who defeated Chula Vista Mayor Steve Padilla, said her campaign for fiscal
prudence resonated wfth the city's voters.; Credit: John Gastaldo I Union-Tribune
Credit: STAFF WRITER
Reproduced with pemllssion of the copyright owner. Further reproduction or distribution is prohibited without permission.
Abstract (Document Summary)
[Rudy Ramirez] had worried U,at [PattY Chavez] would benefit from an incumbent's advantage after she was appointed
in December to fill a council vacancy. He and others said that [Steve Padilla] manipulated the appointment process with
the goai of grooming Chavez as a contender in this election.
Padilla began losing ground a year ago after threats prompted him to hire a $10,OOO-a-month bodyguard. The
bodyguard controversy led to greater scrutiny of Padilla's personal finances, which were stretched thin after a divorce
and custody battle.
The San Diego Union-Tribune raported in April that Padilla had taken 10 pay advances on his mayoral salary to help
payoff personai debt. Outraged residents criticized Padilla in public forums.
Reproduced with permission of the copyright owner. Further reproduction or disbibuUon is prohibited without pennission.
201'2
8/16/2007 10:57 All
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,
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ACGRSLSE. MFl
Rev. 12/2003
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37
ORIGINAL
COpy
LEASE AGREEMENT
OFFICE OF THE DISTRICT ATTORNEY
GATEWAY CHULA VISTA
333 H STREET
CHULA VISTA, CALIFORNIA 91910
APN: 568-450-42-00,568-450-45-00,568-450-60-00,568-450-63-00,
568-450-65-00
COUNTY: COUNTY OF SAN DIEGO, a political subdivision of the State of
California
LESSOR: GA TEW A Y CHULA VISTA 2, LLC, a California Limited
Liability Company
County Contract No.:
CCSF 65.110
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LEASE AG~EMENT
OFFICE OF THE DISttuCT ATTORNEY
TABLE OF CONTENTS
ARTICLE 1 SUMMARY OF BASIC LEASE PROVISIONS ....................................................1
1.1 Lessor .. ........... ........ ............................... ............ ........................... ...................... ............ 1
1.2 County.. ............... ....................................................... .......... ............ .......... ........ ....... ..... I
1.3 Premises, Building and Property ....................................................................................1
1.4 County's and Lessor's Lease Administrators................................................................. 2
1.5 Term ............................................................................................................................... 2
1.6 Scheduled Commencement Date.................................................................................... 2
1.7 Initial Base MontWy Rent ..............................................................................................2
1.8 Leasehold Improvements Allowance ............................................................................. 2
1.9 Leasehold Improvements Contingency .......................................................................... 2
1.10 Additional Rent for Lessor-Provided Leasehold Improvements.................................... 2
1.11 Deadline for Approval of Preliminary Space Plans .......................................................2
1.12 Refurbishment Allowance .............................................................................................. 2
1.13 County's Intended Use ................................................................................................... 2
1.14 Parking Spaces................ ......................................... ... .......... ............ ....................... ....... 2
1.15 Exhibits........................................................................................................................... 3
1.16 Construction of Lease Provisions ...................................................................................3
ARTICLE 2 PREMISES .............................................................................................................. 3
2.1 Lease of Premises ............... .................... ................................. .............................. ......... 3
2.1.1 Common Facilities .................................................................................................. 3
2.1.2 Parking Area and County's Parking Privileges....................................................... 3
ARTICLE 3 TERJI....................................................................................................................... 4
3.1 Commencement of Term ...................... ............................. ......... .................................... 4
3.1.1 Commencement Date .............................................................................................. 4
3.1.2 Ready for Occupancy .............................................................................................. 4
3.1.3 Acceptance of Premises by County ........................................................................ 4
3.1.4 Lessor's Failure to Deliver Premises or to Correct Deficiencies............................ 5
CCSF 85.11D
ACGRSLSE .MFl
Rev. 12/2003
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LEASE AGREEMENT
OFFICE OF TIlE DISTRICT ATTORNEY
TABLE OF CONTENTS
3.2 Tern] . ...... ...... ......... .................................................. ................. ........ ..................... .... ..... 5
3.3 Holding Over ... ............................. ....................... ............................................... ............ 5
3.4 County's Option to Extend Term ................................................................................... 6
3.5 County's Early Termination Rights................................................................................ 6
ARTICLE 4 BASE MONTHLY RENT........................................................................................ 6
4.1 Base Monthly Rent......................................................................................................... 6
4.1.1
4.2
4.3
4.4
Additional Rent For Lessor-Provided Leasehold Improvements ........................... 7
Rent Adjustments .. .................. ...... ... ............. ........... ........................................ ....... ....... 7
Rent Reduction for Unused Leasehold Improvements Allowance ................................ 7
Rent Renegotiation for First and Second Extension Periods.......................................... 8
ARTICLE 5 USE OF PRElIllSES...............................................................................................9
5.1 County's Intended Use ................................................................................................... 9
5.2 Signs ........ ............ ................... ............................. ... .............. ............ ............................ 10
5.3 County Compliance with Laws .................................................................................... 10
5.4 Condition of Premises .................................................................................................. 10
5.5 No Liens on Premises................................................................................................... 10
ARTICLE 6 UTILITIES.............................................................................................................. 10
6.1 Utility Serviccs ............................................................................................................. 10
6.2 Interruption of Service...................................................................................... ............ II
6.3 Overstandard Use ......................................................................................................... II
ARTICLE 7 T AXES.................................................................................................................... 11
ARTICLE 8 LESSOR'S MAINTENANCE AND REPAIR OBLIGATIONS.......................... 12
8.1 Maintenance and Custodial Services Furnished by Lessor ..........................................12
8.2 Additional Services Requested by County ................................................................... 12
8.3 Repairs. ............... ..... .... ......... ....... ................. ............................. ......... ....................... ... 13
8.4 Repair and Maintenance Safety Requirements............................................................. 13
8.5 Lessor's Failure to Provide Services and Repairs ........................................................14
ACGRSLSE.MFl
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CCSF 85.110
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OFFICE OF THE DIStRICT ATTORNEY
TABLE OF CONTENTS
8.6 County Waiver................... ...................................................................... ..................... 14
ARTICLE 9 COMPLIANCE JVITH LA JVS; SAFETY REQUIREMENTS ............................ 14 .
ARTICLE 10 HAZARDOUS MA TERIALS .............................................................................. 15
10.1 Hazardous Materials Laws - Definition ............................................................................ 15
10.2 Hazardous Materials - Definition...................................................................................... 15
10.3 Lessor's Representations and Warranties ......................................................................... 15
10.4 Indemnification by Lessor ................................................................................................ 16
ARTICLE 11 DEFAULT; REMEDIES.....................................................................................17
11.1 Default............................................................................................................................... 17
11.2 Lessor's Rcmedies ............................................................................................................ 18
ARTICLE 12 AFFIRMATIVE ACTION PROGRAM FOR VENDORS................................. 20
ARTICLE 13 IMPROVEMENTS AND ALTERA TlONS ........................................................20
13.1 Improvements by Lessor. ............................................................................................. 20
13.2 Alterations by County................................................................................................... 21
13.3 Vending Machincs........................................................................................................ 21
ARTICLE 14 DAMA GE BY FIRE OR OTHER CASUALTY; CONDEMNA TION ..............21
14.1 Damage or Destruction of the Premises ....................................................................... 21
14.1.1 Restoration by Lessor ................................................................................................ 21
14.1.2 Time for Completion of Repairs................................................................................ 22
14.1.3 Rent Abatement ......................................................................................................... 22
14.1.4 County's Right to Terminate..................................................................................... 22
14.2 Condemnation ........... ........................................ .............. ..................................... .............. 22
ARTICLE 15 QUIET ENJOYltfENT......................................................................................... 23
ARTICLE 16 LESSOR'S ACCESS TO PREMISES ................................................................ 23
ACGRSLSE.MFl
Rev. 12/2003
iii
CCSF 85.11D
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LEASE AGREEMENT
OFFICE OFTHE DIgfRICT ATTORNEY
TABLE OF CONTENTS
ARTICLE 17 ASSIGNMENT AND SUBLEASE...................................................................... 24
17.1 No Transfers, Sublets, Assignments or Mortgages........................................................... 24
17.2 Pennitted Transfers ............................................................................................. ........ ...... 24
ARTICLE 18 INSURANCE ...................................................................................................................... 24
18.1 Lessor's Insurance Obligations ......................................................................................... 24
18.2 County's Insurance Obligations........................................................................................ 24
18.3 Sufficiency of Coverage....................................................................................................24
ARTICLE 19 INDElIfNIn~.......................................................................................................24
19.1 Lessor' s Indemnity............... ..................................... .............. ....... ..... ............ .................. 24
19.2 County's Indemnity.............. ............................................. ..................... ..................... ...... 24
19.3 Survival. ...................... ............... ....................................................................................... 25
ARTICLE 20 BROKERAGE COMlIfISSION........................................................................... 25
20.1 Brokerage Commission ..... ..... ............................... ....... ............................. ................... ..... 25
20.2 Time of Payment ofConunission ..................................................................................... 25
ARTICLE 21 GENERAL PROVISIONS................................................................................... 25
21.1 Authority of Lessor ........................................................................................................... 25
21.2 Authority of County .......................................................................................................... 25
21.3 Captions ...... .......................................... ............................................................................ 25
21.4 County Approval .................................................................................................... ...... ..... 25
21.5 Cumulative Remcdies .......................................................................................................26
21.6 Entire Agreement ...... .............. .......................................................................................... 26
21.7 Exhibits ............................................ ......................................... ................................ ........ 26
21.8 Force Majeure ................................................................................................................... 26
21.9 Governing Law; Venue ..................................................................................................... 26
21.10 Joint and Several Liability .............................................................................................. 26
21.11 Memorandum of Lease ................................................................................................... 26
21.12 Estoppel Certificate....................... ..................................... ..................................... ........ 27
21.13 Subordination Agreement ............................................................................................... 27
ACGRSLSE.MFl
Rev. 12/2003
IV
CCSF 85.110
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LEASE AGF,EEMENT
OFFICE OF THE DIStRICT ATTORNEY
TABLE OF CONTENTS
21.14 Modification.................................................................................. .................................. 27
21.15 Notices ............................................................................................................................27
21.16 Partial Invalidity ..... ......................................................................................................... 27
21.17 Successors & Assigns .....................................................................................................27
21.18 Time of Essence; Business Days .................................................................................... 27
21.19 Waiver ............................................................................................................................. 28
21.20 Interest on Past-Due Obligations .................................................................................... 28
21.21 Attorneys' Fees ......... ...... ................................ ............... ................................................. 28
21.22 Rules and Regulations..................................................................................................... 28
21.23 Surrender of Premises ..................................................................................................... 29
ACGRSLSE.MF1
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CCSF 65.110
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37
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LEASE AGREEMENT
County of San Diego - Office of the District Attorney
This lease agreement ("Lease") is made and entered into effective as of ~Aj2:CH 1:6
_, 2007 ("Effective Date"), by and between GATEWAY CHULA VISTA 2, LLC, a
California Limited Liability Company ("Lessor"), and the COUNTY OF SAN DIEGO, a
political subdivision of the State of California ("County").
ARTICLE 1
SUMMARY OF BASIC LEASE PROVISIONS
1.1
Company
Lessor. GA TEW A Y CHULA VISTA 2, LLC, a California Limited Liability
Address for notice:
Mr. James V. Pieri, President
Gateway Chula Vista 2, LLC
c/o Mountain West Real Estate
333 H Street
Suite 6000
Chula Vista, California 91910
1.2 Countv. COUNTY OF SAN DIEGO, a political subdivision of the State of
California.
Address for noti ce:
Director
Department of General Services
5555 Overland Avenue
Suite 2240 [MS-0360]
San Diego, California 92123
1.3 Premises. Building and Property.
Floor: Fourth Floor
Suite No.: 4000
Rentable Square Feet of the Premises: Approximately 24,853 square feet
The term "Premises" as used in this Lease, means the appro"imately 24,853 square foot
area delineated in Emibit "A" - DESCRIPTION OF PREMISES. PARKING AREA AND
COUNTY'S PARKING PRIVILEGES, and located in the office building located at 333 H
Street, Chula Vista, California (the "Building"). The term "Property", as used in this Lease,
includes the Premises, the Building, the Common Facilities (defined in Article 2.1.1), the parking
- I -
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37
lots and any parking structures appurtenant to the Building, and also includes the land on which
the Building and the other facilities are located, and all other structures located on the Property.
1.4 CoUnty'S and Lessor's Lease Administrators. This Lease shall be administered on
behalf of County by the Director, Department of General Services, County of San Diego, or by
an authorized designee ("County's Lease Administrator"), and on behalf of Lessor by Mountain
West Real Estate, Attention: Mr. James V. Pieri, President.
1.5 Term. Seven (7) years. If County exercises its option(s) to extend this Lease
pursuant to Article 3, "Term", then the Term of this Lease shall include the option extension
period(s).
1.6 Scheduled Commencement Date. July I, 2007, or upon substantial completion of
the Leasehold Improvements (defined in Exhibit "B"), whichever occurs later, but in no event
later than August 1,2007, except if caused solely by Lessor delay.
1.7 Initial Base Monthlv Rent. Seventy-one thousand three hundred twenty-eight
dollars ($71,328) per month, as set forth in Section 4.1 Base Monthlv Rent.
1.8 Leasehold Imorovements Allowance. Approximately one million three hundred
nine thousand two hundred dollars ($1,309,200), as set forth in Section 1 ofExhibit"B"-
LEASEHOLD IMPROVEMENTS AGREEMENT.
1.9 Leasehold Imorovements Contingency. Up (0 fifty thousand dollars ($50,000), as
set forth in Section 1 of Exhibit B - LEASEHOLD IMPROVEMENTS AGREEMENT.
1.10 Additional Rent for Lessor.Provided Leasehold Imorovements. Tenant
improvement costs in excess ofthe Leasehold Improvements Allowance and Leasehold
Improvements Contingency shall be paid as additional rent over the initial Term at an interest
rate often percent (10.0%) per annum, amortized over the initial seven (7) year term of this
Lease, as set forth in Section 4.1.1 Additional Rent for Lessor-Provided Leasehold
Imorovements.
1.11 Deadline for Approval of Preliminary Soace Plans. Set forth in Section 3
CONSTRUCTION DRAWINGS AND SPECIFICATIONS of Exhibit "8" - LEASEHOLD
IMPROVEMENTS AGREEMENT.
1.12 Refurbishment Allowance. Set forth in Section 8 REFURBISHMENTS of
Exhibit "B" - LEASEHOLD IMPROVEMENTS AGREEMENT.
1.13 County's Intended Use. General office, and administrative space for County's
Office of the District Attorney, and other uses incidental to County's Intended Use, subject to
Lessor's reasonable prior written approval.
1.14 Parking Soaces. Described in Article 2.1.2 and Exhibit "A" - DESCRIPTION OF
PREMISES. PARKING AREA AND COUNTY'S PARKING PRIVILEGES.
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37
1.15 Exhibits. This Lease contains Exhibits "A" through "H", all of which are
attached to this Lease and made a part of this Lease, identified as follows:
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "0"
Exhibit "E"
Exhibit "F"
Exhibit "G"
Exhibit "H"'
DESCRlPTION OF PREMISES. PARKING AREA AND
COUNTY'S PARKING PRIVILEGES
LEASEHOLD IMPROVEMENTS AGREEMENT
EARLY TERMINATION CHARGE
SERVICES TO BE PROVIDED BY LESSOR
ASBESTOS INSPECTION CRITERIA
RULES AND REGULATIONS
INSURANCE REOUIREMENTS
MEMORANDUM OF LEASE
1.16 Construction of Lease Provisions. The provisions of this Article I summarize for
convenience only certain key terms of the Lease that are delineated more fully in the articles and
sections referenced in this Lease. If a conflict between the provisions of this Article 1 and the
balance of the Lease occurs, the balance of the Lease shaH control.
ARTICLE 2
PREMISES
2.1 Lease of Premises. Beginning on the "Effective Date" set forth above, which is
defined as the date this Lease is approved by the County's Board of Supervisors, Lessor leases
the Premises to County, and County leases the Premises from Lessor, on and subjeetto the
terms, covenants and conditions set forth in this Lease. The Premises include the rights granted
with respect to the Common Facilities, as defined in Section 2.1.1.
2.1.1 Common Facilities. Lessor grants to County the right to use the Common
Facilities, in common with other tenants of Lessor. As used in this Lease, the term "Common
Facilities" includes aH areas of the Property that are provided and designated by Lessor from
time to time for the general use, benefit or convenience of County or other tenants of the
Building or the Property, and their respective authorized representatives and invitees.
2.1.2 Parkin!! Area and County's Parkin!! Privile!!es. Lessor shall provide for
County's non-exclusive use, on a "first come, first served basis," eighty-six (86) parking spaces
delineated for County's non-exclusive use as sho....n on Exhibit "A" - Descriotion of Premises.
Parking Area and County's Parkin!! Privile!!es. Ifthe~e is an increase or decrease in the square
footage of the Premises, the number of non-excIusive parking spaces shall be increased or
decreased based on a parking ratio of four (4) parking spaces per 1,000 usable square feet of
occupied space in the Building. The Base Monthly Rent provided for in this Lease shall
constitute full payment to Lessor for County's use ofthe eighty-six (86) parking spaces, and
Lessor may not charge County any additional amounts for parking unless the County exercises
the privilege to utilize reserved parking. A maximum of fifteen (15) reserved parking spaces
may be made available to County during the Term of the Lease or any extensions of the Tenn,
based on availability which is not guaranteed by Lessor, at a rate of seventy doHars ($70.00) per
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37
reserved space per month. Lessor's failure to provide the non-exclusive parking spaces for a
period of five (5) consecutive business days or longer, shall entitle County to withhold rent due
under this Lease in an amount proportionate to the interference with County's use and enjoyment
of the Premises, unless the failure to provide the non-exclusive parking spaces is a Force
Majuere occurrence as defined in Section 21.8 of this Lease. County's use of the parking spaces
shall be subject to any terms and conditions set forth in Exhibit "A".
ARTICLE 3
TERM
3.1 Commencement of Term.
3.1.1 Commencement Date. Pursuant to the provisions of Exhibit "B"-
LEASEHOLD IMPROVEMENTS AGREEMENT. Lessor shall, at its sole cost and expense,
install the Leasehold Improvements (defined in Exhibit "8") in the Premises in accordance with
the Accepted Construction Documents (defined in Exhibit "8"), and at a price not to exceed the
Leasehold Improvements Allowance and the Leasehold Improvements Contingency, except as
permitted pursuant to Section 4.1.1 of this Lease and Section 4.2, Section 4.4, Section 4.5,
Section 4.6 and Section 6.3 of Exhibit "B" of this Lease. The term (''Term'') of this Lease shall
commence ("Commencement Date") on the Scheduled Commencement Date or, if the Premises
are not "Ready for Occupancy", as described in Section 3.1.2 Readv for Occuoancv. on tile date
the County accepts the Premises as specified in a letter-of-acceptance ("Letter of Acceptance")
delivered by County to Lessor within three (3) business days following Lessor's notification to
County that the Premises are "Ready for Occupancy".
3.1.2 Readv for OccuDancv. The Premises shall be deemed to be "Ready for
Occupancy" when (i) construction of the Leasehold Improvements have been substantially
completed in accordance with the Accepted Construction Documents, subject only to the
completion of items that do not materially interfere with County's use and enjoyment of the
Premises, (ii) any certificates or governmental approvals and permits required for County to
occupy the Premises for the County's Intended Use specified in this Lease have been obtained,
(iii) building services are available to the Premises, (iv) the Common Facilities have been
substantially completed, and (v) Lessor has notified County of satisfaction of the foregoing
requirements and has scheduled a walk-through inspection of the Premises by County's Lease
Administrator and by representatives of the occupying County Department.
3.1.3 Acceotance of Premises bv Countv. During County's initial walk-through
inspection of the Premises, which shall not be scheduled by Lessor until the Premises are
otherwise "Ready for Occupancy" as specified in Section 3.1.2, County's Lease Administrator
shall compile and deliver to Lessor a list of any deficiencies in the condition of the Premises.
Lessor shall correct all deficiencies within thirty (30) days following receipt of the list, or if the
deficiencies cannot be reasonably corrected within thirty (30) days, then Lessor shall
immediately begin correcting the deficiencies and diligently pursue correcting the deficiencies to
completion. At the discretion of County's Lease Administrator, County may issue its Letter of
Acceptance to Lessor without contingencies or contingent upon Lessor's correction of the
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deficiencies, and the Premises may be occupied by County as of the date of the initial walk-
through inspection ("Conditional Acceptance of the Premises"). Conditional Acceptance of the
Premises shall not relieve Lessor of its obligation to correct all deficiencies within thirty (30)
days, or if the deficiencies cannot be reasonably corrected within thirty (30) days, then Lessor
shall immediately begin correcting the deficiencies and diligently pursue correcting the
deficiencies to completion. If County's Lease Administrator reasonably determines that the
deficiencies warrant a postponement of acceptance, County may refuse to issue its Letter of
Acceptance of the Premises until Lessor corrects all the deficiencies to the reasonable
satisfaction of County's Lease Administrator. County's acceptance of the Premises shall not
constitute acceptance oflatent defects in the construction or operation of the Premises.
3.1.4 Lessor's Failure to Deliver Premises or to Correct Deficiencies. If Lessor
is (i) unable to deliver possession of the Premises to County in a completed condition Ready for
Occupancy within sixty (60) days after the Scheduled Commencement Date, or (ii) fails to
correct deficiencies noted on County's walk-through of the Premises within thirty (30) days of
notification of the deficiencies by County, except due to a Force Majuere occurrence or delays
caused by County requested changes to the Leasehold hnprovements, each of which shall extend
the Scheduled Commencement Date on a day-for-day basis, then Lessor shall pay County an
amount equal to one thousand dollars ($1,000.00) per day as liquidated damages for the period
from the Scheduled Commencement Dale until the Premises are Ready for Occupancy, or until
the deficiencies have been corrected, as applicable.
3.2 Term. The Term shall commence on lhe Commencement Date and, unless earlier
terminated pursuant to the provisions of this Lease, shall continue for the period set forth in
Section 1.5. If the Commencement Date is not the first day of a calendar month, then the Term
shall include the partial calendar month from and including the Commencement Date through
the last day of the partial calendar month, plus the full Term set forth in Section 1.5, so that the
Term shall expire on the last day of a calendar month. County shall confirm the
Commencement Date of the Term in its Letter of Acceptance.
3.3 Holding Over. The Term of this Lease shall expire without further notice at the
expiration of the Term specified in Section 1.5. If County holds over in occupancy of the
Premises, or any portion of the Premises, after the expiration of the Term without Lessor's
consent, County shall become a tenant on a month-to-month basis for a maximum of six (6)
months at one hundred three and three-quarter percent (103.75%) of the Base Monthly Rent in
effect at the expiration of the Term; provided, however, after the expiration of the six (6) month
period, Lessor may, at its option, continue the holdover on a month-to-month basis, except the
Base Monthly Rent shall be adjusted to one hundred twenty percent (120.0%) of the Base
Monthly Rent in effect during the initial six (6) months ofthe holdover. Any holdover shall be
subject to the terms and conditions specified in this Lease, so far as applicable. Any holding
over after the expiration of the Term shall not constitute a renewal or extension of this Lease,
except as specified in this Lease or when in writing signed by both parties to this Lease. During
any holdover after the expiration of the Term, the County shall continue to indemnify Lessor in
accordance with Article 19 INDEMNITY. the inclusion of this reference does not affect any
provisions in the balance of this Lease.
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3.4 County's Ootion to Extend Term. So long as County is not in default of its
obligations under this Lease, County shall have the option to extend this Lease upon the
expiration of the Tenn for two (2) additional consecutive five (5) year period(s) (the "First
Extension Period", "Second Extension Period", or collectively, the "Extension Periods"). The
option(s) may be exercised by County giving written notice of exercise to Lessor at least ninety
(90) days in advance of the normal expiration of this Lease, or of any extension of the Term of
this Lease. If County exercises its options(s) to extend the Term of this Lease, the Lease shall
continue on the same temlS and conditions, except the Base Monthly Rent shall be adjusted in
accordance with Section 4.4 Rent Renegotiation for First and Second Extension Periods. If
County exercises its option(s) to extend the Term for the First Extension Period or the Second
Extension Period, Lessor shall provide at the end of Lease Year 7 and at the end of Lease Year
14, as applicable, upon County's request, the Refurbishments for each extension period under the
terms set forth in Section 8 of Exhibit "B" - LEASEHOLD IMPROVEMENTS AGREEMENT.
3.5 CounlY's Earlv Temlination Rie:hts.
(a) If Lessor is unable, for any reason, except due to a Force Majuere
occurrence or delays caused by County requested changes to the Leasehold Improvements, each
of which shall extend the Scheduled Commencement Date on a day-for-day basis, to deliver
possession of the Premises to the County within sixty (60) days after the Scheduled
Commencement Date, County may elect to terminate this Lease by giving written notice to
Lessor at any time prior to the date County accepts possession of the Premises as described in
this Lease. The termination of this Lease by County shall not in any way prejudice County's
rights to exercise other remedies contained in this Lease for failure of Lessor to deliver
possession of the Premises to County by the Scheduled Commencement Date.
(b) So long as County is not in default under this Lease, this Lease may be
terminated by County, at its sole option, to be effective following the end of the sixtieth (60th)
month of the Term or following the end of the seventy-second (nnd) month of the Tenn, upon
one hundred eighty (180) days prior written notice to Lessor and payment of the applicable early
termination charge shown on Exhibit "c" - EARLY TERMINATION CHARGE. County shall
pay the early termination charge in conjunction with the final Base Monthly Rent payment.
ARTICLE 4
BASE MONTHLY RENT
4.1 Base Monthl y Rent. County shall pay to Lessor as rent for the first year of the
Term of this Lease the sum of seventy-one thousand three hundred twenty-eight dollars
($71,328) per month ("Base Monthly Rent"). The Base Monthly Rent for subsequent lease years
is adjusted as provided in Section 4.2 Rent Adiustments. All Base Monthly Rent due under this
Lease shall begin to accrue on the Commencement Date, and shall be payable in arrears on the
first day of each calendar month thereafter, without demand, set-off or deduction. If the
Commencement Date is not the first day of a calendar month, then the accrued Base Monthly
Rent for the partial month at the beginning of the Term shall be prorated on a per diem basis, and
paid on the first day of the following calendar month. County shall pay installments of Base
Monthly Rent in United States dollars, in the form of County warrants, cash, check (drawn in a
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bank located in the State of California) or electronic wire of funds, with County warrants or
checks delivered to Lessor by First Class Mail, postage prepaid, addressed to Lessor at the
address stated in Section LI Lessor, and with cash or electronic wire of funds delivered to
Lessor's bank.
4.1.1 Additional Rent for Lessor-Provided Leasehold ImDrovements. If
there are any costs in excess of the Leasehold Improvements Allowance and the Leasehold
Improvements Contingency that have been previously approved by County and are not paid as a
lump-swn payment under the provisions of Exhibit "B" - LEASEHOLD IMPROVEMENTS
AGREEMENT. County shall pay additional rent to reimburse Lessor ("Additional Rent for
Lessor-Provided Leasehold Improvements"). The Additional Rent for Lessor-Provided
Leasehold Improvements shall be payable in equal monthly installments and shall be equal to the
sum of the actual Cost of Construction of the Leasehold Improvements (defined in Section 6 of
Exhibit "B" - Leasehold Improvements Al!Teement), less the Leasehold Improvements
Allowance and the Leasehold Improvements Contingency. Each month of the Term of this
Lease, County shall pay to Lessor the Additional Rent for Lessor-Provided Improvements in
conjunction with the Base Monthly Rcnt at a rate of ten percent (10.0%) per annum, amortized
over a period commencing the first day of the month following the Commencement Date and
continuing to the conclusion of the initial Term.
4.2 Rent Adiustments. Beginning with the first day of the calendar month following
expiration of the first twelve (12) months of the Term, and thereafter on the first day of the
calendar month following expiration of each succeeding twelve (12) month period ("Adjustment
Date''), the Base Monthly Rent shall bc adjusted as follows:
Lcase Year 2:
Lease Year 3:
Seventy-four thousand threc dollars ($74,003) per month
Seventy-six thousand seven hundred seventy-eight dollars ($76,778) per
month
Seventy-nine thousand six hundred fifty-seven dollars ($79,657) per
month
Eighty-two thousand six hundred forty-four dollars ($82,644) per month
Eighty-five thousand seven hundred forty-three dollars ($85,743) per
month
Eighty-eight thousand nine hundred fifty-nine dollars ($88,959) per month
Lease Year 4:
Lease Year 5:
Lease Year 6:
Lease Year 7:
If the County exercises the option(s) to extend the Tenn, the Base Monthly Rent for each
of the first twelve months of the First Extension Period and Second Extension Period, as
applicable, shall be adjusted in accordance with the provisions of Section 4.4, and be subject to a
three and three-quarter percent (3.75%) annual escalation on each Adjustment Date throughout
the Extension Period.
4.3 Rcnt Reduction for Unused Leasehold ImDrovements Allowance. If the Costs of
the Leasehold Improvements (defined in Exhibit "B") are less than the Leasehold Improvements
Allowance set forth in Section 1.8, then the Base Monthly Rent for each month of the initial
Term of this Lease shall be reduced by amortizing the amount by which the Leasehold
Improvement Allowance exceeds the actual costs of constructing the Leasehold Improvements,
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on a per square foot basis over the initial Term ofthis Lease. For example, the Base Monthly
Rent for the first year of the Term shall be reduced by an amount computed through the use of
the following formula calculated as follows:
A = $71,328 - (B/84)
Where:
A = The "Adjusted Monthly Base Monthly Rent" for the first twelve
(12) months of the Term; and
B = The amount by which the Leasehold Improvements Allowance
exceeds the actual Costs of constructing the Leasehold
Improvements.
If the Costs of the Leasehold Improvements are less than the Leasehold Improvements
Allowance, the Adjusted Base Monthly Rent shall be used to revise the rent schedule shown in
Section 4.2 by applying a three and three-quarter percent (3.75%) annual escalation to the
Adjusted Base Monthly Rent on each Adjustment Date throughout the initial Term.
4.4 Rent Renegotiation for First and Second Extension Periods. If County exercises
its options to extend the Term of this Lease under the provisions of Section 3.4, the Base
Monthly Rent payable by County to Lessor for the First Extension Period and the Second
Extension Period, as applicable, shall be adjusted to ninety-five percent (95.0%) of the then
prevailing market rate rent ("Discounted Market Rent") for the Premises by use of the following
procedure:
(a) Commencing three hundred sixty-five (365) days prior to the first day of
the First Extension Period and/or the first day of Second Extension Period (the first day of the
First Extension Period and Second Extension Period is referred to as the "Market Rent
Adjustment Date"), County and Lessor shall confer and attempt to agree upon the Discounted
Market Rent. In determining the Discounted Market Rent, County and Lessor shall evaluate the
monthly rental amount which the Premises could be expected to return to the Lessor if offered
for lease on the open market under normal circumstances, taking into consideration other similar
Class A office properties located in San Diego County, the desirability, quality and utility of the
Premises, and related criteria, including, but not limited to, the following:
(i) The prevailing tenant improvement allowance being offered for
"second generation" (i.e., "re-leased" space) space in the San Diego County for similar Class A
office property.
(ii) The determination of the amount of the Discounted Market Rent
for the First Extension Period and Second Extension Period shall take into consideration, and be
comparable to, those rentals in the area which include rent escalation provisions based on the
consumer price index or a rent schedule with fixed rate rent increases. Improvements placed
upon the Premises by County shall not be considered in arriving at the Discounted Market Rent.
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(b) If County and Lessor are unable to agree upon the Discounted Market
Rent within three hundred forty-five (345) days of a Market Rent Adjustment Date, then each
party shall designate, by written notice to the other party delivered within three hundred thirty-
five (335) days of a Market Rent Adjustment Date, a real estate appraiser with at least five (5)
years of full-time commercial appraisal experience in San Diego County to appraise and
determine the Discounted Market Rent for the Premises. In determining the Discounted Market
Rent, the appraisers shall use the factors set forth in the preceding subsection. If either party
fails to designate an appraiser within the allotted time, the appraiser designated by the other party
shall determine the Discounted Market Rent.
(c) If two appraisers are eesignated, the two appraisers shall promptly meet in
an attempt to set the Discounted Market Rent. If the two appraisers are unable to agree upon the
Discounted Market Rent within three hundred-five (305) days prior to a Market Rent Adjustment
Date, they shall appoint a third appraiser meeting the qualifications stated above within two
hundred eighty-five (285) days ofa Rent Adjustment Date. If the two appraisers are unable to
agree on a third appraiser, either of the parties to this Lease, by giving ten (10) days written
notice to the other party (i.e., by two hundred seventy- five (275) days prior to a Market Rent
Adjustment Date), can apply to the then president of the Real Estate Board of San Diego County
for the selection of a third appraiser. Each party shall pay the fee of any appraiser it designates
and one-half (1/2) the cost of any third appraiser. Within two hundred fifty-five (255) days prior
to a Market Rent Adjustment Date, a majority of the appraisers shall set the Discounted Market
Rent. If a majority of the appraisers are unable to agree on the Discounted Market Rent, then the
average of the three appraisals shall be the Discounted Market Rent. If the low appraisal is more
than five percent (5%) lower and/or if the high appraisal is more than five percent (5%) higher
than the middle appraisal, then the low appraisal and/or high appraisal shall be disregarded in
averaging the appraisals. After the Discounted Market Rent has been set, tbe appraisers shall
immediately notify County and Lessor in writing.
(d) If County and Lessor cannot arrive at the Discounted Market Rent through
use of the foregoing procedure, or if either party fails to perform as required under this Lease, the
matter shall be submitted for arbitration by notice to the other party, unless both parties, by
mutual agreement, agree to extend the deadlines above, The judgment in any arbitration
proceeding may be entered in any court having jurisdiction and shall be final and binding
between County and Lessor. The arbitrator shall not have the power to add, modify or change
any provisions of this Lease. The arbitration shall be conducted in accordance with California
Code of Civil Procedure Section 1280, et. seq.
( e) If the Discounted Market Rent for the Premises is not determined prior to
a Market Rent Adjustment Date, County or Lessor may, at its option, terminate this Lease with
no cost or liability, except as required pursuant to this Section 4.4.
ARTICLE 5
USE OF PREMISES
5.1 County's Intended Use. The Premises may be used as general office and
administration space for County's Office of the District Attorney ("County's Intended Use") or
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for any other comparable use permitted by applicable zoning laws or ordinances, subject to
Lessor's reasonable prior written approval.
5.2 Sil!l1s. In accordance with Lessor-established standards for the Building, Lessor,
at its sole expense, shall place, construct, and maintain a directory located in the lobby of the
. Building, exclusively for the display of the names of tenants in the Building and their respective
suite numbers. In accordance with Lessor-established standards for the Building, County shall
be entitled to display the name of its department outside the Premises, and the individual names
of its authorized representatives in the directory, without additional costs to County. In
accordance with Lessor-established standards for the Building, Lessor, at its sole expense, shall
attach or affix to the principal entry door to the Premises any signs necessary to identify
County's occupancy of the Premises. If County uses the Premises for a comparable use as
permitted under Section 5.1, Lessor shall update the sign to reflect the change in occupancy upon
written request by County, at County's sole expense.
5.3 County Compliance With Laws. County, at County's sole expense, shall
promptly comply with all present and future laws, ordinances, orders, rules, regulations and
requirements of all governmental authorities having jurisdiction, affecting or applicable to
County, the Premises and the County's Intended Use of the Premises. County shall not use or
allow the Premises to be used for any improper, immoral or objectionable purpose. County shall
not commit waste or allow to be committed any waste and any public nuisance on the Premises.
5.4 Condition of Premises. County, at County's sole obligation, shall keep tllC
Premises in a clean and clear of refuse and obstructions, and dispose of all garbage, trash, and
rubbish in a manner satisfactory to Lessor, in accordance with Section 20 of Exhibit "F"-
RULES AND REGULATIONS.
5.5 No Liens on Premises. County, at County's sole expense, shall keep the Premises
free from any and all liens arising out of any work performed, materials furnished or obligations
incurred by or for County or the Premises. County shall indemnify, defend and hold Lessor
harmless and free from any and all liability, loss, damage, costs, claims, demands, suits, actions,
attorneys' fees, and all other expenses on account of claims of lien oflaborers or materialmen or
others for work performed or materials or supplies fumished for County or the Premises.
ARTICLE 6
UTILITIES
6.1 Utility Services. Lessor shall furnish to the Premises, and pay for at all times
during the Term, the following services necessary for the use and enjoyment by County of the
Premises for County's Intended Use: water, electricity and elevator services for the Premises
seven (7) days per week, twenty four (24) hours per day; and heating, ventilation and air
conditioning ("HV AC") from 6:00 a.m. to 6:00 p.m., Monday through Friday. HV AC services
will also be provided by Lessor to the Premises during additional hours with reasonable prior
written notice from County to Lessor, at County's sole cost and expense, at the rate of twenty-
seven dollars and fifty cents ($27.50) per hour, with any partial hour billed to County as a full
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hour, which shall be payable monthly by County as additional rent. The hourly rate paid by
County for after hours HV AC services shall be subject to annual adjustment on the anniversary
date of this Lease in an amount proportionate to electrical rate increases incurred by Lessor, if
any. Lessor shall not be obligated to provide telephone equipment or facilities to the Premises.
6.2 Interruption of Service. County agrees that Lessor shall not be liable for
damages, by abatement of rent or otherwise, for Lessor's failure to furnish or delay in furnishing
any services to the Premises, or for diminution in the quality or quantity of any services to the
Premises, when the failure, delay or diminution is caused by circumstances outside the control of
Lessor. Any failure, delay or diminution shall not be considered to constitute an eviction or
disturbance of County's use and possession of the Premises or relieve County from paying rent
or performing any of its obligations under the Lease. Lessor shall not be liable under any
circumstances for a loss of or injury to property or for injury to or interference with County's
business, including any loss incident to a failure to furnish any of the services under this Article
6. Except if due to a Force Majuere occurrence, if services to the Premises are interrupted for a
period of ninety (90) consecutive days, County may terminate this Lease with no cost or liability.
6.3 Overstandard Use. County shall not, without Lessor's prior written consent, use
heat-generating machines, machines other than normal fractional horsepower office machines, or
equipment or lighting other than standard office lights in the Premises that may affect the
temperature that is otherwise maintained by the air-conditioning system or increase the water
usage normally furnished to the Premises by Lessor. If County uses water, electricity, heat or
air-conditioning in excess of that required to be supplied by Lessor to tenants in the Building,
Lessor shall provide written notice to County ofthe cost of: (a) the excess service; (b)
installation, operation and maintenance of equipment installed to supply and separately meter the
excess service: and (c) increased wear and tear on existing equipment caused by County's excess
consumption. Upon receipt of written notice from Lessor, County may elect to pay the increased
cost directly to Lessor as additional rent or implement measurcs within thirty (30) days of
Lessor's written notice to County that reduce the excess service levels to service levels normally
furnished by Lessor, without additional payment to Lessor.
ARTICLE 7
TAXES
County shall be responsible for payment of the following taxes accruing during the Term,
and any extension of the Term, of this Lease: (a) taxes measured by or reasonably attributable to
the cost or value of County's equipment, furniture, fixtures and other personal property located
in the Premises, or to the cost or value of any Leasehold Improvements made in or to the
Premises by or for the County; (b) taxes assessed on or related to the possession, use or
occupancy by County of the Premises, for example, a rental tax related to and prorated based on
County's occupancyofthe Premises; and (c) taXes assessed either on this transaction or on any
document associated with this transaction to which County is a party that creates or transfers an
interest or an estate in or to the Premises. County shall not be responsible for payment of any
taxes accruing before, during or after the Term, or any extension of the Term, of this Lease,
except as provided pursuant to this Article 7. All tax payments shall be the sole responsibility of
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the Lessor, except as provided pursuant to this Article 7. As used in this Lease, except as
provided pursuant to this Article 7, the term "taxes" means all taxes, governmental bonds,
special assessments, Mello-Roos assessments, charges; rental income or transfer taxes, license
and transaction fees, including, but not limited to, (i) any state, local, federal, personal or
corporate income tax, or any real or personal property tax, (ii) any estate inheritance taxes, (iii)
any franchise, succession or transfer taxes, (iv) interest on taxes or penalties resulting from
Lessor's failure to pay taxes, (v) any increases in taxes attributable to the sale or improvement of
the Building, or (vi) any taxes which are essentially payments 10 a governmental agency for the
right to make improvements to the Building.
ARTICLE 8
LESSOR'S MAINTENANCE AND REPAIR OBLIGATIONS
8.1 Maintenance and Custodial Services Furnished bv Lessor. Except as otherwise
provided in Exhibit "D" - SERVICES TO BE PROVIDED BY LESSOR. Lessor shall, at its
sole expense, furnish to the Premiscs the services described in Exhibit "D". Maintenance and
custodial service levcls furnished by Lessor shall be equal to or greater than those furnished to
similar Class A office facilities located in San Diego County. Lessor's maintenance obligations
to be provided at Lcssor's expense under this section include, without limitation, replacing light
bulbs and fluorescent tubes, light fixture transformers, glass cleaning, restocking of main
restrooms with disinfectants, paper hand towels and toilet paper, minor "touch up" painting in
the Building and the Premises, and cleaning and repairing carpeting in the Building and the
Premises, as required. All services shall be provided at reasonable times and in a manner that
minimizes interfercnce with the Counly's use and enjoyment of the Premises. All individuals or
companies providing custodial and trash removal services under this Lease shall be bonded.
Lessor shall not be required to furnish any of the following services: (a) maintenance or repair to
automatic door openers, card access openers or key access readers; (b) maintenance or repair to
any County equipment including computers, phone systems, copiers, fax machines, postage
machines, or other similar equipment; (c) maintenance or repair to any security systems for the
Premises; (d) any graffiti removal from the Premises or from the Common Facilities located on
the same floor as thc Premises; or (e) any repair or replacement of County signage for the
Premises. Lessor shall not be required to furnish any of the following services if arising as a
result of any affirmative act or omission by COUDty: (a) drywall repair; (b) carpet repair; (c)
interior plumbing repair due to clogs or blockages of pipes; (d) interior glass repair (exclusive of
Building exterior glass); or (e) doorway or hardware repair.
8.2 Additional Services Reauested bv County. If County requests any services in
addition to those specified under this Lease, Lessor shall use commercially reasonable efforts to
supply the additional services, and the additional services shall be charged at reasonable rates
established by Lessor, which includes a fifteen percent (15.0%) management fee to be approved
in writing by County's Lease Administrator prior to provision of the service. The agreed cost of
the additional services shall be reimbursed to Lessor by County within thirty (30) days of
County's receipt of Lessor's invoice for the additional services, together with evidcnce of
Lessor's payment of the receipts for the additional services.
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8.3 Repairs.
(a) Subject to the provisions of this Lease pertaining to damage or destruction
ofthe Premises, Lessor shall, at all times and at its sole expense, keep the Premises, the
Building and the Common Facilities in good order, condition and repair, to ensure that the
Premises are at all times in good and tenantable condition.
(b) If County requests repair and maintenance services necessitated by
negligent or intentional acts or omissions of County, Lessor shall have the right to undertake and
complete the repair or maintenance services at the sole expense ofthe County with prior written
approval from County's Lease Administrator of the scope of the work and its costs. If Lessor
completes the repairs or causes the repairs to be completed, Lessor shall be reimbursed by
County for reasonable repair or maintenance expenses within thirty (30) calendar days following
County's receipt of (i) an invoice or receipt for the work, and (ii) evidence of Lessor's payment
of receipts for the work. Where work is necessary to cure an emergency situation, Lessor shall
perform the work immediately upon Lessor's discovery of the emergency situation and may then
seek reimbursement from County without having obtained County's Lease Administrator's prior
written approval of the work.
(c) County's obligation to reimburse Lessor for repairs necessitated by
negligent or intentional acts or omissions of County shall not extend to (i) damage and repairs
covered under any insurance policy carried by Lessor in connection wi th the Premises, the
Building, the Common Facilities or the Property, provided, however, the County shall be
obligated to pay Lessor for any insurance deductibles and any increase in Lessor's insurance
premiums related to insurance policy claims as they relate to the damage and repairs, prorated
based on County's percentage of occupancy under the total building area covered by Lessor's
insurance policy, subject to County review of all records necessary to confirm any increase in
Lessor's insurance premiums and that the increase is attributable to any negligent or intentional
acts or omissions of County, (ii) damage caused by any defects in the design, construction or
materials of the Leasehold Improvements, the Premises, the Building, the Common Facilities or
the Property, (iii) damage caused in whole or in part by the negligence or willful misconduct of
Lessor or any of Lessor's agents, employees, invitees, or licensees, (iv) reasonable wear and tear,
and (v) damage due to fire, earthquake, acts of God or the elements or other casualty.
8.4 Reoair and Maintenance Safety Requirements.
(a) Whenever feasible, Lessor shall schedule repair and maintenance work at
times other than normal working hours. Repair or maintenance work that involves the use of
processes which generate airborne contaminants that can negatively impact indoor air quality
may be conducted during normal working hours only with County's prior written consent, which
shall not be unreasonably withheld, conditioned or delayed.
(b) When repair or maintenance work must be performed during nomlal
working hours, mechanical ventilation units serving the Premises in the vicinity ofthe work shall
be shut down for the duration of the work, and until any contaminants generated by the work
have dissipated. During the course ofthe work, Lessor shall use commercially reasonable efforts
to provide alternative sources of fresh air to the Premises.
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(c) Lessor shall give County five (5) business days prior written notification
of any non-regularly scheduled maintenance, and of any and all repair work, to be performed on
the Premises.
(d) Lessor, and anyone performing work on behalf of the Lessor on the
Premises, shall maintain a "Material Safety Data Sheet" that contains all pertinent information
regarding hazardous matcrials used in connection with the work.
8.5 Lessor's Failure to Provide Senices and Reoairs. Except for circumstances
outside the control of Lessor, and Force Majuere occurrences, if Lessor fails to perform any act
or provide any service required under Article 8 ofthis Lease and does not cure the failure, or
commence and continue to diligently pursue the cure to completion within ten (10) days
following written notice by County (or immediately if the nature of the problem presents a
hazard or emergency), County shall have the right, but not the obligation, to remedy the situation
by making the relevant repairs or obtaining the relevant sen'ice. County's cost in making or
obtaining repairs shall be reimbursed to County by Lessor within thirty (30) days of delivery of
the invoices evidencing the work. Except for circumstances outside the control of Lessor, if
Lessor's failure to provide sen'ices and repairs interferes with County's use and enjoyment of the
Premises for more than five (5) continuous business days, County shall havc the right to abate
monthly rent and any additional rent othcnvise payable under this Lease on a prorated basis.
Except for circumstances outside the control of Lessor, if Lessor's failure to provide services and
repairs continues for twenty (20) or more continuous business days, County shall have the right
to terminate this Lease,
8.6 Countv Waiver. County. waives the provisions of Cali fomi a Civil Code sections
1941 and 1942 and any other laws permitting County to make repairs at Lessor's expense.
ARTICLE 9
COMPLIANCE WITH LAWS: SAFETY REOUIREMENTS
(a) Lessor represents that, as of the Commencement Date, there are no violations of
any laws or ordinances, or of rules or regulations of insurance-rating organizations, which would
materially affect County's use or occupancy of the Premises.
(b) The required test procedures for fire extinguishing systems set forth in the
Uniform Fire Code, 1988 Edition, Part WI, Division III, Appendix mc, entitled "Testing Fire-
Extinguishing Systems, Standpipes and Combination Systems", shall be the responsibility of
Lessor.
(c) If Lessor neglects, fails or refuses to maintain the Premises as provided in this
Lease, County may, without prcjudice to any other remedies provided in this Lease, upon
reasonable prior notice to Lessor, exercise one of the following options:
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(I) if the failure continues for twenty (20) consecutive business days, then
terminate this Lease; or
(2) if the failure continues for five (5) consecutive business days, then cure
Lessor's default by performance of any act, including payment of money, and abate the cost
curing the default, plus reasonable administrative costs, from any rent due under this Lease.
(d) Lessor shall be responsible for payment of all costs of complying with the
requirements of the Americans with Disabilities Act of 1990 ("ADA") (42 USCS ~~ 12101 -
12213), Title 24 of the California Code of Regulations ("Title 24") and California Civil Code ~
54.1 as they may apply to the Premises, the Building or the Property throughout the Term of this
Lease. Lessor's obligations under this Lease shall include, without limitation, all costs of
bringing the Prcmises, the Building and the Property into compliance, and maintaining
compliance, with the requirements of Title III of the ADA ("Title III") (42 USCS ~~ 12181 -
12189) applicable during the Term to public accommodations and commercial facilities, whether
or not the particular requirements of compliance (i) are specifically required by County's
Intended Use of the Premises, or (ii) may also be required of County under Title 11 of the ADA
("Title Il")( 42 USCS ~9 12131 - 12165). To the extent permitted by applicable law, Lessor
shall also be responsible for payment of all costs of bringing the Premises, Building and the
Property into compliance with the requirements of Title II which may be applicable to County's
Intended Use of the Premises but which are not also required by the requirements of Title III, and
for the costs of maintaining compliance during the Tenn. This section only applies to the
Premises as accepted by County on the Commencement Date, and as may be modified with
Lessor's written conscnt during the Teml under the provisions of Section 13.2 of this Lease.
ARTICLE 10
HAZARDOUSMATEIDALS
10.1 Hazardous Materials Laws - Definition. As used in this article, the term
"Hazardous Materials Laws" means any and all federal, state or local laws or ordinances, rules,
permits, decrees, orders. regulations or court decisions (including "common law") relating to
hazardous substances, hazardous materials, hazardous waste, toxic substances, environmental
conditions on, under or about the Premises, soil and ground water conditions or other similar
substances or conditions, including, without limitation, those hazardous or toxic substances
identified in the Resource Conservation and Recovery Act, 42 U.S.C., Section 6901, et g;g.
10.2 Hazardous Materials - Definition. As used in this article, the term "Hazardous
Materials" means any chemical, compound, material, substance or other matter the presence of
which gives rise to any reporting, notice or publication requirements, or duty to investigate,
under any Hazardous Materials Laws. Office and cleaning supplies in amounts normal and
customary for the Premises shall not be considered Hazardous Materials.
10.3 Lessor's Reoresentations and Warranties. Lessor represents and warrants that,
other than as disclosed to County and specifically approved in writing by County's Lease
Administrator:
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(a) Lessor has not received notice from any govemmental agency of violation,
or suspected or possible violation, of any Hazardous Materials Laws with respect to the Premises
or the Property, and there has not been a government-supervised cleanup or remediation of
Hazardous Materials on the Premises or the Property;
(b) to the Lessor's actual knowledge, any handling, transportation, storage,
treatment or usage of Hazardous Materials that occurred on the Premises prior to the
Commencement Date has been in compliance with all applicable Hazardous Materials Laws;
(c) no leaks, spills, releases, discharges, emissions or disposal of Hazardous
Materials have occurred on the Premises prior to the Commencement Date, and, to the best of
Lessor's actual knowledge, the soil, ground water, and soil vapor on or under the Premises is free
of Hazardous Materials as of the Commencement Date;
(d) after due and reasonable investigation, no asbestos in any form which has
become, or threatens to become, friable is constructed, placed on, deposited, stored, disposed of,
or located in the Premises, or on property of which the Premiscs is a part;
(e) after due and reasonable investigation, no underground improvements,
including but not limited to treatment or storage tanks, or water, gas or oil wells are on, or ever
have been on, the Premises or on the property to which the Premises is appurtenant.
lOA Indemnification bv Lessor. Lessor (and, if applicable, each of its general
partners) and its successors, assigns, jointly and severally shall indemnify, defend (with counsel
selected by County) reimburse and hold County and its officers, employees and agents harmless
from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in
settlement of claims) or loss, including reasonable attorneys fees, consultant fees, and expert fees
(consultants and experts to be selected by County) which arise during or after the Term from
Lessor's breach of any of its warranties set forth in Section 10.3, or in connection with the
presence or suspected presence of Hazardous Materials anywhere in the Premises, the Building
or on the Property, including the soil, ground water or soil vapor on or under the Property, unless
the Hazardous Materials are present as a result of the gross negligence or willful misconduct of
County, its officers, employees or agents. The indemnification provided by this section shall
cover costs incurred by County in connection with investigation of site conditions or any
cleanup, remedial, removal or restoration work required by any Hazardous Materials Laws
because of the presence of Hazardous Materials in the soil, ground water or soil vapor on the
Premises, and the release or discharge of Hazardous Materials by Lessor dtuing the course of any
alteration or improvement of the Premises by Lessor, unless Hazardous Materials are present as a
result of the gross negligence or willful misconduct of County, its officers, employees or agents.
The indemnification provided by this section shall also cover costs incurred in responding to:
(a) Hazardous Materials present or suspected to be present in the soil, ground
water or soil vapor on or under the Property before the Commencement Date;
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(b) Hazardous Materials that migrate, flow, percolate, diffuse, or in any way
move on to or under the Property following the Commencement Date; or
(c) Hazardous Materials present on or under the Property as a result of any
discharge, release, dumping, spilling (accidental or otherwise), onto the Property during or after
the Term of this Lease by any person, corporation, partnership or entity other than County.
The environmental indemnitics in this section shall survive the expiration or earlier
termination of this Lease and/or any transfer of all or any portion of the Premises, or of any
interest in this Lease, and shall be governed by the laws of the State of California.
ARTlCLE 11
COUNTY DEFAULT: REMEDIES
11.1 Default.
(a) Each of the following events shall be a default by County and a matcrial
breach of this Lease:
(1) Failure or refusal (i) to pay when due any installment of rent,
additional rent or any other amount required by this Lease to be paid by County or (ii) to observe
or perform any other covenant or condition of this Lease.
(2) The abandonment ofthe Premises by County.
(3) County's (i) application for, consent to, or suffering of, the
appointment of a receiver, trustee or liquidator for all or for a substantial portion of its assets; (ii)
making a general assignment for the benefit of creditors; (iii) admitting in writing its inability to
pay its debts or its willingness to be adjudged a bankrupt; (iv) becoming unable to or failing to
pay its debts as they mature; (v) being adjudged bankrupt; (vi) filil)g a voluntary petition or
suffering an involuntary petition under any bankruptcy, arrangement, reorganization or
insolvency law (unless in the case of an involuntary petition, which is dismissed within thirty
(30) days of the filing); (vii) convening a meeting of its creditors or any class of its creditors for
purposes of effecting a moratorium, extension or composition of its debts; (viii) allowing or
permitting to continue unstayed and in effect for ten (10) consecutive days any attachment, levy,
execution or seizure of all or a substantial portion of County's assets or of County's interest in
this Lease; or (ix) meeting with the intent to file any petition for protection under bankruptcy
law. Except to the extent expressly provided otherwise in clauses (vi) and (viii) of this section,
the events in this section shall constitute an immediate default by County's and no notice or cure
period under this Lease shall bc applicable.
(b) As a condition to pursuing any remedy for an alleged default by County
within Section 11.1 (a), Lessor shall, unless expressly relieved of the duty to provide notice for
the default under a provision of this Lease, give notice of the default to County. If Lessor serves
County with a Notice To Pay Rent or Quit pursuant to applicable unlawful detainer statutes, that
Notice To Pay Rent or Quit shall also constitute the notice of default required by this Section. If
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the alleged default is for nonpayment of rent, additional rent, taxes or other monetary amounts to
be paid by County to Lessor or any third party under this Lease, County shall have three (3) days
after notice is given to cure the default. For the cure of any other default, except where provided
otherwise in this Lease, County shall promptly and diligently, after notice, commence curing the
default and shall have thirty (30) days after notice is given to complete the cure or, in the case of
a failure or omission that cannot be cured by the payment of money and cannot be cured within
thirty (30) days, thirty (30) days plus additional time reasonably required for the curing of the
default; provided, however, County must commence curing a non-monetary default within the 30
day period if the performance ofthc non-monetary default would reasonably take more tllan 30
days to cure and must diligently prosecute the cure to completion.
(c) Lcssor and County agree that ifan attorney is consulted by Lessor in
connection with a default or breach, two hundred dollars ($200.00) is a reasonable amount per
occurrence for services and costs in preparing and serving a notice of default, and that Lessor
may include the cost of the services and costs in the notice as rent due and payable to cure the
default.
11.2 Lessor's Remedies. If any default by County is not cured within the applicable
period permitted by this Lease, Lessor has the following remedies in addition to all other rights
and remedies providcd by law or equity or specifically granted by other provisions of this Lease,
to which Lessor may resort cumulatively or in the alternative:
(a) Lessor may, at Lessor's election, terminate this Lease by giving County
written notice of termination. On the giving of the noticc, all County's rights in the Premises and
fixtures, and all pemlanently attached furniture, equipmcnt, signs, improvements, alterations,
additions and changes in the Premises (collectively reterred to, for purposes of this Section 11.2
only, as "Improvements") shall terminate. Promptly after notice of termination, County shall
surrender and vacate the Premises and all Improvements, in a clean condition equal to that or
bctter than that which existed whcn County initially opened the Premises for business, as
reasonably determined by Lessor, and Lessor may re-enter and take possession of the Premises
and all remaining Improvements and eject all parties in possession or eject some and not others
or eject none. Termination of this Lease under this Section 11.2 shall not relieve County from
the payment of any amount then due to Lessor or from any claim for damages previously accrued
or then accruing against County.
(b) Lessor may elect to have this Lease continue in effect for as long as Lessor
does not tenninate County's right to possession, and Lessor may enforce all rights and remedies
under this Lease, including the right to recover the rent as it becomes due. None of the following
shall constitute a tennination of County's right to possession:
Improvements;
(I) Acts of maintenance or preservation of the Premises or
and
(2) Efforts to relet the Premises, including entry UpOIl the Premiscs;
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(3) The appointment of a receiver to protect Lessor's interest under
this Lease.
(c) Lessor shall, upon Lessor's election to terminate this Lease in accordance
with Section 11.2 (a), be entitled to damages in the following amounts:
(1) The unpaid rent and additional rent, which had been earned at the
time of termination, plus interest as provided for in Section 21.20.
(2) The amount by which the unpaid rent which would have been
earned after tennination until the time of award exceeds the amount of rental loss that the County
proves could have been reasonably avoided, plus interest as provided for in Section 21.20.
(3) The worth at the time of award of the amount by which the unpaid
rent for the balance of the term after the time of the award exceeds the amount of renta110ss that
the County proves could be reasonably avoided; and
(4) Any other anlount necessary to compensate Lessor for all the
detriment proximately caused by County's failure to perfonn its obligations under the Lease,
including, without limitation, the cost of recovering possession of the Premises, expenses of
reletting, costs of necessary repair, renovation and alteration of the Premises, real estate
commissions previously paid by Lessor for the then unexpired portion of the Term of the Lease,
real estate commissions paid by Lessor for finding another tenant, reasonable attorneys' fees, and
any other reasonable costs.
The "worth at the tinle of award" of the amount referred to in subsection (c)(3) of this
Section 11.2 is computed by discounting such amount at the discount rate of the Federal Reserve
Bank of San Francisco at the time of award plus one percent (1%).
(d) Without terminating or affecting a forfeiture of this Lease, or constituting
Lessor's acceptance of a surrender of [he Premises, or otherwise relieving County of any
obligation under this Lease, Lessor may, but need not, relet the Premises, or any portion of the
Premises, at any time and for terms and conditions and rental as Lessor, in its sole discretion,
may deem proper. Whether or not the Premises are relet, County shall pay to Lessor all amounts
required of County under this Lease up to the date that Lessor terminates County's right to
possession of the Premises. The payments by County shall be due at the times provided in this
Lease, and Lessor need not wait until the tennination ofthis Lcase to recover payments by legal
action or in any other manner. If Lessor relets the Premises or any portion of the Premises, the
reletting shall not relieve County of any obligation under this Lease, except that Lessor shall
apply the rent or other proceeds actually collected by it for the reletting against amounts due
from County under this Lease, to the extent the proceeds compensate Lessor for non-
performance of any obligation of County under this Lease. Lessor may execute any lease made
pursuant to this section in its own name, and the new tenant shall be under no obligation to pay
any proceeds to County named in this Lease, nor shall County have any right to collect any
proceeds.
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(e) In the event of any default by County in the payment of money, other than
rent, or in the performance of obligations required of County under this Lease, then in addition to
the other remedies granted to Lessor in this Lease, Lessor (without waiving or releasing County
from any obligations of this Lease) may make, but shaH not be obligated to make, any the
payment and perform any other act on County's part to be made or performed under this Lease.
All amounts paid by Lessor and all necessary incidental costs, together with interest as provided
for in Section 21.20(b), from the date of payment by Lessor, shall be payable by County to
Lessor.
ARTICLE 12
AFFIRMATIVE ACTION PROGRAM FOR VENDORS
During the Term of this Lease, Lessor shall use its commerciaHy reasonable efforts to
comply with the Affirmative Action Program for Vendors pertaining to employment of disabled
persons, as set forth in Article IIIk (commencing at Section 84) of the San Diego County
Administrative Code, which is incorporated into this Lease by this reference. Lesso.r is informed
that the County's Affirmative Action Program for Vendors provides that its requirements shaH
not apply to any Lessor, or subcontractor of a Lessor, who has a regular, paid workforce of less
than fifteen (15) employees. A copy of this Affirmative Action Program will be furnished to
Lessor by the County's Lease Administrator upon Lessor's request. The County of San Diego
also has a policy of encouraging the participation of disabled veterans business enterprises in
facilities leased for County use.
ARTICLE 13
IMPROVEMENTS AND ALTERATIONS
13.1 Imorovements bv Lessor.
(a) Lessor shall install the leasehold improvements ("Leasehold Improvements") in
the Premises as set forth in Exhibit "3" - LEASEHOLD IMPROVEMENTS AGREEMENT.
(b) Lessor may at any time, make any changes, additions, improvements, repairs or
replacements to the Property, including the Common Facilities that Lessor considers desirable.
Lessor shaH not make changes, additions, improvements, repairs or replacements to the Premises
(i) except as are permitted or required of Lessor by other provisions of this Lease, (ll) that reduce
the parking committed to County pursuant to this Lease, (iii) that materially impair access to the
Premises, or (iv) that alter the Building's nature as a first-class office building. All changes,
additions, improvements, repairs and replacements shaH be performed expeditiously and in a
manner that minimizes interference with County's use and enjoyment of the Premises. If
Lessor's interference materially impairs County's ability to conduct its business from the
Premises and if the interference continues for ten (10) consecutive business days after County's
notice of the interference to Lessor, the rent payable under this Lease shall be abated in
proportion to the extent of the interference, from the commencement of the ten (10) consecutive
business day period, for as long as the interference continues. If the interference continues for
thirty (30) consecutive business days after County's notice to Lessor, County shall have the right
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to terminate this Lease by notice to Lessor at any time prior to the cessation of the interference.
County acknowledges that Lessor will construct another office building immediately adjacent to
the Building in which the Premises are located and that the construction of the office building
may interfere from time to time with County's use and enjoyment of the Premises during the
course of construction of the office building. County agrees that the interference with County's
use and enjoyment of the Premises caused in the normal course of the construction of the office
building shall be excluded as a basis for County's right to terminate this Lease and (or) as a basis
for County's claim of interference with its quiet enjoyment of the Premises.
13.2 Alterations bv County. County, at its own expense, may make any and all
alterations or improvements, or install any furniture, fixtures, or equipment necessary or
desirable for County's Intended Use of the Premises, subject to Lessor's reasonable prior written
consent. County may not make any structural or HV AC alterations, or make any alterations to
the Premises, the Building, the Common Facilities or the Property without Lessor's reasonable
prior written consent. . Furniture and non- fixture equipment installed or made by County shall
remain the property of County and, at the option of County, may be removed on or before the
expiration or earlier termination of this Lease, or any extension of this Lease, or may be
abandoned to Lessor. Any damage to the Premises caused by Lessor-permitted removal of
fixtures or improvements by County shall be immediately repaired by County to Lessor's
reasonable satisfaction within thirty (30) days of the expiration or earlier termination of this
Lease, except in the event of destruction of the Premises as provided for in this Lease. County
shall deliver possession of the Premises to Lessor in the same condition as in the beginning of
this Lease, or as altered, ordinary wear and tear excepted.
13.3 Vending Machines. At any time during the Term of this Lease, County has the
right to install vending machines in the Premises (except for coffee products), and to retain all
revenues from County-installed vending machines.
ARTICLE 14
DAMAGE BY FIRE OR OTHER CASUALTY: CONDEMNATION
14.1 Dama2e or Destruction of the Premises.
14.1.1 Restoration by Lessor. If, during the Term of this Lease or any extension
of this Lease, the Premises or the Leasehold Improvements are damaged or destroyed, or if the
Building or the Common Facilities are damaged, and if the damage materially interferes with
County's use of the Premises, Lessor shall, at its sole expense, repair the damage. This Lease
shall remain in full force and effect during the period necessary to complete the repairs, provided
that (i) the repairs can reasonably be expected to be made within one hundred eighty (180) days
from the date Lessor commences to repair the damage in compliance with applicable laws and
regulations, and (ii) insurance proceeds are timely made available to Lessor which, tog~ther with
any other funds provided by Lessor, are sufficient to repair the damage. Lessor shall give
County reasonable evidence of funds sufficient to restore the Premises.
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14.1.2 Time for Completion of R~airs. Any repairs undertaken pursuant to this
article shall be diligently pursued to completion by Lessor. Prior to commencing the repairs,
Lessor shall give County an estimate of the expected time to complete the repairs. If the repairs
are not completed by that date, then any rental abatement provided in Section 14.1.3 shall
continue to abate during the period from the expected completion date of the repairs to the actual
date of substantial completion of the repairs.
14.1.3 Rent Abatement. Iffire or any other casualty damages the Premises or the
Leasehold Improvements, the Building, or any of the Common Facilities nec.essary for County's
use or enjoyment of the Premises, then, during the period the damage or the repair materially
interferes with County's use or enjoyment of the Premises, County shall be entitled to a
proportionate reduction of rent resulting from the damage or repair, up to and including full
abatement of rent, except for tbe circwnstances where the County's officers, employees, agents,
contractors or equipment caused the casualty or damage. The proportionate reduction of rent
shal1 be based upon the extent to which the damage or repair material1y interferes with the
County's use or enjoyment of the Premises, except for circumstances where the County's
officers, employees, agents, contractors or equipment caused the casualty or damage.
14.1.4 County's Right to Terminate. If, in tbe reasonable judgment of County's
Lease Administrator, the Premises cannot reasonably be expected to be restored within the one
hundred eighty (180) days from the date Lessor commences to repair the damage to substantially
the same condition the Premises were in before the damage occurred, County may terminate this
Lease by notice to the Lessor given thirty (30) days after the damage or destruction, or failure of
Lessor to proceed with reasonable diligence to restore the Premises. The termination of this
Lease shall be effective thirty (30) days following delivery of the notice of termination. If
County does not terminate this Lease within the thirty (30) day period, then Lessor shall repair
the damage and this Lease shal1 remain in ful1 force and effect.
14.2 Condemnation. If all or any part of the Premises are taken or appropriated by any
public or quasi-public authority under the power of eminent domain, or under any agreement in
lieu of eminent domain (any taking or appropriation is referred to as a "Taking", or having been.
'Taken"), this Lease shall terminate as to the part Taken as of the date of the Taking. If a partial
Taking of the Premises occurs, County shall have the right to terminate this Lease as to the
remaining portion of the Premises by giving written notice to Lessor within thirty (30) days after
the Taking. The exercise of the right of termination shall be contingent upon whether, in the
reasonable opinion of County's Lease Administrator, the portion of the Premises Taken is of an
extent and nature that materially impairs County's access to the Premises, materially diminishes
the nature of the Building or the Common Facilities as they existed on the date of the Taking, or
materially interferes with County's Intended Use of-the Premises. Lessor shall be entitled to all
compensation, damages, income, rent, awards and interest which is paid or made based on
Lessor's interest in the Premises or the Building or the Common Facilities in connection with
any Taking. County shall be entitled to any portion of the compensation, damages, income, rent,
awards and interest intended by the authority exercising the power of eminent domain as
compensation for (i) County's relocation expenses, (ii) the value of County's leasehold interest
in the Premises, (iii) any excess rent or other costs payable by County for substitute premises
obtained over rent payable under this Lease, and (iv) the value of any alterations paid for by
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County which were not the property of Lessor and any other property of County Taken,
including any moveable furniture, equipment and other personal property. If a partial Taking of
the Premises occurs which docs not result in a termination ofthis Lease, Lessor shall, at its sole
expense, restore the balance of the Premises to a usable condition, and fully partition the
remainder of the Premises from the portions of the Premises that are Taken. If a partial Taking
of the Premises occurs, the rent to be paid under this Lease shall be equitably reduced by an
amount reasonably and mutually determined by County and Lessor based on the fair market
value of the Taken property.
ARTICLE 15
OUlET ENJOYMENT
Upon County's paying rent and performing its other obligations under this Lease, County
shall peacefully and quietly have, hold and enjoy the Premises throughout the Term and any
extensions of the Term, without hindrance, ejection or molestation by Lessor, any person
lawfully claiming through or under Lessor or any person claiming prior rights to County to the
Premises. County acknowledges that Lessor will construct another office building immediately
adjacent to the Building in which the Premises are located and that the construction of the office
building may interfere with County's use and enjoyment of the Premises during the course of
construction of the office building. County agrees that the interference with County's use and
enjoyment of the Premises caused in the normal course of the construction of the office building
shall be excluded as a basis for COlmty's right to terminate this Lcase and(or) as a basis for
County's claim ofinlerference with its quiet enjoyment ofthe Premises.
ARTICLE 16
LESSOR'S ACCESS TO PREMISES
Lessor shall have access to the Premises at reasonable times on reasonable prior written
notice to County's Lease Administrator (except in the case of an emergency, when notice shall
be commensurate with the circumstances) for the purposes of: (i) showing the Premises to
prospective purchasers and mortgagees of the Building or its surrounding property and
prospective tenants of the Premises, and (ii) inspecting the Premises or performing any repairs or
improvements required of or permitted to Lessor under this Lease. Prospective tenants,
purchasers and mortgagees shall at all times be accompanied by Lessor or Lessor's designated
agent. Lessor shall use all reasonable efforts in connection with the access to minimize
interference with County's use.and enjoyment of the Premises. If any entry by Lessor into the
Premises materially interferes with County's use and enjoyment of the Premises for more than
five (5) consecutive business days, County shall have the right to proportionately abate the rent
payable under this Lease.
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ARTICLE 17
ASSIGNMENT AND SUBLEASE
17.1 No Transfers. Sublets. Assil!lllIlents or Morteaees. County expressly and
voluntarily agrees not to transfer, sublet or assign or mortgage all or any part of the Premises.
17.2 Permitted Transfers. The provisions of Section 17.1 shall not prohibit County
from entering into concessions or licenses as necessary for the operation of any portion of
County's business conducted on the Premises. Each concession or license that is entered into by
County shall be subject and subordinate to the provisions of this Lease.
ARTICLE 18
INSURANCE
] 8.] Lessor's Insurance Oblilzations. Without limiting Lessor's indemnification
obligations to County under this Lease, Lessor shall provide and maintain, during the Term and
for any other period required under this Lease, at its sole expense, insurance in the amounts and
form specified in Exhibit "0" - INSURANCE REOUIREMENTS.
] 8.2 County's Insurance Oblieations. County maintains a policy of All-Risk Insurance
covering the Premises and the County's personal property in the Premises, including any fixtures
or equipment in the Premises owned by County. The County utilizes a program of self-funding
with regard to any liability it may incur for personal injury or property damage arising out of its
use or occupancy of the Premises.
18.3 Sufficiencv of Coverage. Lessor makes no representation that the types of
insurance and limits speci fied to be carried by County under this Lease are adequate to protect
County.
ARTICLE 19
INDEMNITY
]9.1 Lessor's Indemnity. County shall not be liable for, and Lessor shall defend,
indemnifY, protect and hold County harmless from, any and all claims, demands, liability,
judgments, awards, fines, mechanics liens or other liens, labor disputes, losses, damages,
expenses, charges or costs of any kind or character, including reasonable attorney's fees and
court costs (collectively "Claims"), related to this Lease and arising from any negligence or
willful misconduct of Lessor or its agents, servants or employees, except to the extent and
Claims relate to or arise from any negligence or willful misconduct of County or its officers,
agents or employees.
]9.2 Countv's Indemnity. Lessor is not liable for, and County shall defend, indemnifY,
protect and hold Lessor and Lessor's members, managers, officers, employees and agents
harmless from and against any and all Claims (as defined in Section 19.] above) related to this
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Lease and arising from any negligence or willful misconduct of Lessee or its officers, agents or
employees, except to the extent any Claims relate to or arise from any negligence or willful
misconduct of Lessor or its officers, agents or employees.
19.3 Survival. Neither termination of this Lease nor completion of the acts to be
performed under this Lease shall release the indemnifying party from its obligations to defend or
indemnify the other party as required under this Lease so long as the event upon which any
Claim is predicated shall have occurred prior to the effective date of any termination or
completion.
ARTICLE 20
BROKERAGE COMMISSION
20.1 Brokerage Commission. The Staubach Company- West, Incorporated ("County's
Broker") represents County as its agent in the negotiation ofthis Lease. Lessor shall pay
County's Broker a brokerage fee ("Commission") calculated in a separate written exclusive
listing agreement with Mountain West Real Estate ("Lessor's Broker").
20.2 Time ofPavment of Commission. One-half of the Conunission shall be due upon
execution of this Lease, with the balance due upon the earlier to occur of (i) the Commencement
Date, or (ii) County's occupancy of the Premises.
ARTICLE 21
GENERAL PROVISIONS
21.1 Authoritv of Lessor. Lessor represents and warrants that it has full power and
authority to execute and fully perfonn its obligations under this Lease pursuant to its governing
instruments, without the need for any further action, and that the person(s) executing this Lease
on behalf of Lessor are the designated agents of Lessor and are authorized to act on behalf of
Lessor, and that fee title to the Building and the Premises vests solely in Lessor.
21.2 Authoritv of Countv. County represents and warrants that it has full power and
authority to execute and fully perform its obligations under this Lease pursuant to its governing
instruments, without the need for any further action, and that the person(s) executing this Lease
on behalf of County are the designated agents of County and are authorized to act on behalf of
County.
21.3 Caotions. The captions, headings and index appearing in this Lease are inserted
for convenience only and in no way define, limit, construe, or describe the scope or intent of the
provisions of this Lease.
21.4 County Aooroval. Except where stated in this Lease to the contrary, the phrases
"County's approval", and "County's written approval" or similar phrases shall mean reasonable
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approval of County's Lease Administrator or a designee, as authorized by County's Lease
Administrator in writing,
21.5 Cumulative Remedies. If a default under tlus Lease occurs, each party's remedies
shall be limited to those remedies set forth in tI1is Lease. The remedies under this Lease are
cumulative and not exclusive of any other remedies under tI1is Lease to which the non-defaulting
party may be entitled.
21.6 Entire Agreement. This Lease, together with aU attached addenda, exhibits and
riders, constitutes the entire agreement between the County and Lessor with respect to the
subject matter of this Lease, and all prior or contemporaneous agreements, understandings and
representations, oral or written, are superseded.
21.7 Exl1ibits. All exl1ibits referred to in this Lease are attached to this Lease and
incorporated into this Lease by reference.
21,8 Force Majeure. If County or Lessor is prevented or delayed from performing any
act or discharging any obligation under this Lease because of any and aU causes beyond either
party's reasonable control, including unusual delays in deliveries, abnornJaI adverse weather
conditions, unavoidable casualties, strikes, labor disputes, inability to obtain labor, materials or
equipment, acts of God, governmental restrictions, regulations or controls, any hostile
government actions, civil commotion and fire or other casualty, legal actions attacking the
validity of this Lease or the County's occupancy of the Premises, or any other casualties beyond
the reasonable control of either party except casualties resulting from Lessor's negligent
operation or maintenance ofthe Premises or the Building ("Force Majeure"), performance of the
act shall be excused for the period of the delay, and the period for perfonnance of the act shall be
extended for a period equivalent to the period of the delay. Force Majeure shall not include any
bankruptcy, insolvency, or other financial inability on the part of either party to this Lease.
21.9 Governing Law; Venue. This Lease shall be governed, construed and enforced in
accordance with the laws of the State of California. Any litigation arising out of this Lease shall
be filed and maintained in San Diego County, California.
21.10 Joint and Several Liability; If more than one person or entity executes this Lease
as Lessor, each of them is jointly and severally liable for all of the obligations of Lessor under
this Lease.
21.11 Memorandum of Lease. Concurrent with execution of this Lease, Lessor and
County shall execute and cause to be acknowledged the Memorandum of Lease attached as
Exhibit "H". County may record the Memorandum of Lease in the office of the San Diego
County Recorder, but no sooner than Lessor becomes the owner of record of the legal parcels on
which the Building is, or will be, constructed, as applicable. The Memorandum of Lease shall
not modify any of the terms, conditions or covenants oftms Lease. Ifthere is a conflict between
tms Lease and the Memorandum of Lease, the terms, covenants and conditions of this Lease
shall control.
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21.12 Estoppel Certificate. Within ten (10) business days after Lessor's written request,
County shall execute, acknowledge and deliver to Lessor a written statement certifying (i) the
Commencement Date, (ii) that this Lease is unmodified and in full force and effect, or is in full
force and effect as modified and stating the modifications; (iii) the date to which the Base
Monthly Rent and any additional rent have been paid; (iv) that Lessor is not in default under this
Lease, or if Lessor is claimed to be in default, stating the nature of the claimed default; and (v)
all other reasonably requested information regarding this Lease. All statements shall be made to
County's best knowledge, and County shall not make nor be obligated to make any independent
investigation of the facts. Except as qualified in the preceding sentence, any statement may be
relied upon by a purchaser, assignee or lender with respect to this Lease, the Premises or the
Property. No certification shall be deemed to be a waiver by County of any right or cause of
action against Lessor based on any fact of which County has no knowledge because of the
concealment of the fact by Lessor.
21.13 Subordination Al!Ieement. Within fifteen (15) days after Lessor's written request,
County shall execute, acknowledge and deliver to Lessor a Subordination Agreement containing
County's agreement to subordinate this Lease to the lien of a Deed of Trust, and to attorn to
Lessor's Lender, subject to Lessor and Lender's observance of the non-disturbance agreement
and other provisions contained in Lender's form of Subordination Agreement.
21.14 Modification. The provisions of this Lcase may not be modified, except by a
writtcn instrument signed by County and Lessor.
21.15 Notices. All notices, demands, requests or other communication required or
permitted to be given under this Lease ("Notices") shall be in writing and (i) delivered in person
to an officer or authorized representative of the other party, (ii) sent by First Class United States
Mail, postage prepaid, (iii) sent by overnight delivery, or (iv) delivered or sent by facsimile, with
the original document subsequently sent by First Class United States Mail, postage prepaid.
Notices shall be sent to Lessor and County at the addresses set forth in Article 1, or to another
address designated by Lessor or County by written notice to the other party. Any Notice shall be
deemed received if delivered as set forth under (i), (iii) or (iv) above, or, in case of (ii) above,
forty-eight (48) hours from the time of mailing if mailed as provided in this section.
21.16 Partiallnvaliditv. If any provision of this Lease is determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be
affected by the determination. Each provision of this Lease shall be valid and enforceable to the
fullest extent permitted by law.
21.17 Successors & Assiens. This Lease shall be binding on and inure to the benefit of
the parties and their successors and assigns, except as may otherwise be provided in this Lease.
21.18 Time of Essence: Business Davs. Time is of the essence of each and every
provision of this Lease. For purposes of this Lease, "business days" means calendar days, except
for Saturdays, Sundays and County holidays.
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21.19 Waiver. No provision of this Lease or the breach of any provision of this Lease
shall be deemed waived, except by written consent of the party against whom the waiver is
claimed.
21.20 Interest on Past-Due Oblil!:ations. AJJ.y amount due from County to Lessor under
this Lease which is not paid when due (including, without limitation, amounts due as
reimbursement to Lessor for costs incurred by Lessor in performing obligations of County under
this Lease) shall bear interest at the lesser often percent (10%) per annum or the maximum
lawful interest rate, from the date due until paid, unless otherwise provided in this Lease, but the
payment of interest shall not excuse or cure any default by County under this Lease.
21.21 Attornevs' Fees. County agrees to pay Lessor, upon three (3) days prior written
notice, any fees or costs incurred by Lessor in effecting the collection of past due rent, additional
rent or other amounts due to Lessor under this Lease or assuring County's compliance with any
of the other terms and conditions of this Lease including, without limitation, fees and costs of an
attorney or collection agency. Nothing contained in this Lease shall limit any other remedy by
Lessor. Lessor and County agree that in the event of any litigation arising out of or in
connection with this Lease, to collect any indebtedness under this Lease, or to enforce any other
right or remedy under this Lease, the prevailing party shaIl be entitled to recover from the losing
party, in addition to any money judgment or other relief, reasonable attorneys' fees as may have
been incurred by the prevailing party in instituting or defending the litigation, or any appeal,
together with reasonable costs and expenses of litigation as may be aIlowed by the court, all of
which attorneys' fees, costs and expenses the losing party covenants to pay. For purposes of this
section, in any unlawful detainer or other action or proceeding instituted by Lessor based upon
any default or alleged default by County, Lessor shall be deemed the prevailing party if (a)
judgment is entered in favor of Lessor or (b) prior to trial or judgment County shall pay all or
any portion ofthe rent and charges claimed by Lessor, eliminate the condition(s), cease the act(s)
or otherwise cure the omission(s) claimed by Lessor to constitute a default by County under this
Lease.
2 1.22 Rules and Rel!:Ulations. County shall at all times comply with all applicable laws
which are now or in the future may be in effect relating to this Lease or the occupation and use
by County of the Premises, and with all reasonable rules and regulations established by Lessor
from time to time with respect to the Building ("Rules and Regulations"). A copy of the Rules
and Regulations in existence on the date of this Lease is attached to this Lease as Exhibit "F" -
RULES AND REGULATIONS, but Lessor reserves the right to reasonably amend the Rules and
Regulations from time to time by giving notice of anlendment to County, if Lessor determines
the amendments to be in the best interests of the Building and its tenants. County shall not be
bound by any amended Rules and Regulations until County has received a written copy of the
amendment. Lessor agrees that the Rules and Regulations shall be enforced in a uniform and
non-discriminatory manner and that the Rules and Regulations shall not interfere with County's
substantial benefit and enJ'oyment of the Premises or conflict with federal state and local laws
" ,
regulations, and statutes applicable to County, including policies adopted by County so long as
the policies are not materially inconsistent with any material Rule or Regulation applicable to the
Building.
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21.23 Surrender of Premises. Upon the expiration or earlier termination of this Lease,
County shall surrender the Premises to Lessor in the same condition as when received, broom
clean, ordinary wear and tear excepted.
IN WITNESS WHEREOF, Lessor and County have executed this Lease effective as of
the date first written above.
COUNTY:
LESSOR:
COUNTY OF SAN DIEGO, a
political subdivision of the
State of California
GA TEW A Y CHULA VISTA 2,
a California Limited Liability Company
By:
Coast Pa~ific Properties, LLC,
a C lfornia limited liability company,
C olrmm ,"(""" :j
tly: -- -~ ~
James V. Pieri,
Managing Member
-
By:
APRIL F. HEINZE, P.
Department of General
Director
Services
By: Chula Vista Asset Management, LLC
A California limited Liability Company
Manager
By:
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ExmBIT "A"
DESCRIPTION OF PREMISES. PARKING AREA AND
COUNTY'S PARKING PRMLEGES
County Premises: 24,853 square feet (rentable) on the fourth floor of the building located at
333 H Street, Chula Vista, California. [Assessor Parcel Numbers 568-450-42-00, 568-450-45-
00, 568-450-60-00, 568-450-63-00, 568-450-65-00]
LCl!:al Description of Property:
DESCRIPTION
The PropertylBuilding includes the real property described below, together with all
improvements located on the real property.
LEGAL DESRIPTION OF LAND:
Parcel 2 of Parcel Map 18753, in the City of Chula Vista, County of San Diego, State of
California, filed in the Office of the County Recorder of said San Diego County July 16,2001, as
Instrument No. 01-0489323 of official records.
County's Parkin!!: Privile!!:es: Lessor shall provide to County, for County's non-exclusive use,
on a "first come, first served basis," eighty-six (86) unreserved parking spaces for County's non-
exclusive use as shown on Exhibit "A-I". County shall have the privilege to. utilize reserved
parking at a maximum of 15 reserved parking spaces which may be made available to County for
the Term of the Lease or any extensions of this Lease, based on availability which is not
guaranteed by Lessor, at a rate of$70.00 per reserved space.
CCSF.85.11D. Rev. 04/99
A-I
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SCHEDULE "A-I" TO EXIllBIT "A"
SITE PLAN
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SCHEDULE "A-2"TO EXHIBIT "A"
FLOOR PLAN
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EXHIBIT "B"
LEASEHOLD IMPROVEMENTS AGREEMENT
llJis Leasehold Improvements Agreement ("Improvement Agreement") states the
agreement of County and Lessor regarding installation of Leasehold Improvements in the
Premises. .
1. DEFINITIONS.
1.1
"Accepted Construction Documents" is defined in Section 3.
1.2
in Section 4.6.
"Actual Cost of Construction of the Leasehold Improvements" is defmed
1.3 "Base Building Improvements" means those improvements to the
Premises that are physically in place at the Premises as of the Effective Date of the Lease.
1.4 "Change" and Changes" are defined in Section 6.
1.5 "Construction Contract" is defined in Section 5.4.
1.6 "Construction Dra\\ings" is defined in Section 3.
1.7 "Contractor" means Lessor's Contractor, Bycor General Contractors.
1.8 "Costs" is defined in Section 7.
1.9 "Improvements Budget"' is defined in Section 4. I and incorporated into
this Improvements Agreement as Schedule "B-3" to Exhibit "B".
1.10 "Leasehold Improvement Allowance" means the approximate sum of one
million three hundred nine thousand two hundred dollars ($1,309,200), which is $60.00 per
useable square foot of the Premises, and shall be paid by Lessor toward the cost of constructing
the Leasehold Improvements.
1.1 I "Leasehold Improvements" is defined in Section 2.
1.12 "Leasehold Improvements Contingency" is a sum of up to fifty thousand
dollars ($50,000) allocated by Lessor for completion of the Leasehold Improvements.
1.13 "Outline Specifications" means the Outline Specifications incorporated
into this Improvement Agreement as Schedule "B- I" to Exhibit "B".
I .14 "Preliminary Space Plan" means the Preliminary Space Plan incorporated
into this Improvement Agreement as Schedule "B-2" to Exhibit "B".
CCSF.85.11D, Rev. 02/2004
B-1
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37
1.15 "Project Designer" means Lessor's Project Designer, Block Studios.
1.16 "Refurbislmlents" is defined in Section 8.
1.17 Other terms are defined in this Improvement Agreement. The terms
defined in the Lease shall have the same meanings when used in this Improvement Agreement,
unless the context otherwise requires a different meaning.
2. PLANS AND SPECIFICA nONS FOR THE PREMISES.
TIle Project Designer has prepared the Preliminary Space Plan, attached as
Schedule 2 to Exhibit "B". The Preliminary Space Plan and Outline Specifications provide
guidelines for the Leasehold Improvements that Lessor shall install in the Premises in a manner
consistent with the Outline Specification and Improvements Budget.
3. CONSTRUCTION DRAWINGS.
Lessor shall have forty-five (45) business days from County's approval or deemed
approval of the Preliminary Space Plans to prepare and submit for County's approval
construction drawings ("Construction Drawings") based upon the Prelim inary Space Plans.
County shall have ten (10) business days after receipt of the Construction Drawings to give
written notice to Lessor of County's acceptance or rejection of the Construction Drawings.
County's decision to accept or reject the Construction Drawings shall be based solely on whether
they conform to and are a logical evolution of the Preliminary Space Plans. Unless Lessor
receives County's \\Titten rejection within ten (10) business days, the Construction Drawings
shall be deemed accepted by County. The Construction Drawings as approved, or deemed
approved, by County are referred to in this Improvement Agreement as the "Accepted
Construction Documents."
4. IMPROVEMENTS BUDGET.
4.1 Lessor shall provide County with a budget ("Improvements Budget")
showing the estimated total cost, on a "line item" basis, of constructing Leasehold Improvements
as shown on the Construction Drawings and in Schedule "B-3" to Exhibit "B" -
IMPROVEMENTS BUDGET. The Improvements Budget shall be submitted to County
concurrently with the Construction Drawings. The Improvements Budget shall include the total
costs of designing, constructing and installing the Leasehold Improvements, including the
following costs, as applicable: (i) labor and materials; (ii) permits, licenses and fees; (ill)
payments to be made to Lessor's contractors; (iv) space planning, architectural, engineering and
other consultants fees; (v) amounts to be paid for mechanical drawings, plans, specifications,
shop drawings, designs and layouts; (vi) premiums for the "course of construction" insurance
required in Section 5.6, below; (vi) construction administration; (vii) budget preparation; (viii)
equipment rental; (ix) testing and inspection; (x) sales and use (but not property) taxes; (xi)
necessary or required bonds; and (xiii) incidental costs related to the foregoing. Lessor
represents that (a) all costs in the Improvements Budget are consistent with standards in the
CCSF.8S.11D, Rev. 02/2004
B-2
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37
industry, (b) that each line item in the Improvements Budget reflects the lowest responsible bid
for each line item, and (c) that each line item was selected from at least three (3) competitive
bids.
4.2 County shall have ten (10) business days after receipt of the Improvements
Budget to give written notice to Lessor of County's acceptance or rejection of the Improvements
Budget If Lessor does not receive County's written rejection of the Improvements Budget
within ten (10) business days after receipt of the Improvements Budget, then the Improvements
Budget shall be deemed accepted by County. Ifthe aggregate total amount of the proposed
Improvements Budget exceeds the total Leasehold Improvement? Allowance and Leasehold
Improvements Contingency, then the Improvements Budget shall not be deemed accepted by
County, but shall be subject to this section and Section 4.1.1 of the Lease and Section 4.4,
Section 4.5, Section 4.6 and Section 6.3 of this Improvement Agreement. If Lessor receives
County's written rejection of the Improvements Budget, then within five (5) business days,
County shall meet with Lessor and the Project Designer to revise the Construction Drawings to
adjust the line-item amounts, or aggregate total amount shown in the Improvements Budget to
individual amounts, or a total amount, acceptable to County. Any revisions to the Construction
Drawings needed to adjust the Improvements Budget shall be completed by the Project Designer
within five (5) business days after its meeting with County, or within a time mutually agreed by
County and Lessor. Following any revisions, Lessor shall submit a new Improvements Budget
to County for County's approval.
4.3 If County rejects or requests rcvisions to an Improvements Budget
submitted by Lessor, the aggregate total amount of which is less than thc Leasehold
Improvements Allowance and Leasehold Improvements Contingency, then any delay resulting
from the rejection or request for revisions shall cause the Scheduled Commencement Date in the
Lease to be delayed by the same number of days reasonably required for Lessor to comply with
the request An extension of the Scheduled Commencement Date shall not be granted for a delay
resulting from a rejection or a request for revisions to an Improvements Budget submitted by
Lessor where the aggregate total amount of an Improvements Budget submitted by Lessor for
County's approval is greater than the Leasehold Improvements Allowance and Leasehold
Improvements Contingency.
4.4 If the aggregate total amount ofthe Improvements Budget submitted by
Lessor for County's approval is greater than the Leasehold Improvements Allowance and
Leasehold Improvements Contingency, and, following timely receipt of County's rejection of the
Improvements Budget, Lessor is unable to adjust the aggregate total amount of the
Improvements Budget to an amount equal to, or less than, the Leasehold Improvements
Allowance and Leasehold Improvements Contingency, then County shall have the option, at
County's sole discretion, to either (i) accept the Improvements Budget, subject to agreement by
County and Lessor as to their respective responsibility for payment of the excess costs, with
County paying for excess costs in the form of a lump sum payment or as additional rent under
the provisions of Section 4.1.1 of this Lease, or (ii) terminate the Lease with County having no
further obligations to Lessor if the Improvements Budget cannot be adjusted to an amount no
greater than the sum of the Leasehold Improvements Allowance and Leasehold Improvements
Contingency, plus twenty percent (20.0%) of the Leasehold Improvements Allowance and
CCSF.85.11D, Rev. 02/2004
B-3
".
37
Leasehold Improvements Contingency; provided however, Section 4.4(ii) shall not apply if the
Improvements Budget exceeds the sum of the Leasehold Improvements Allowance and the
Leasehold Improvements Contingency as a result of any County-initiated Changes in the
Leasehold Improvements for the Premises.
4.5 The Improvements Budget, as approved by County, shall constitute a firm
fixed/guaranteed maximum price contract between County and Lessor for Lessor to construct the
Leasehold Improvements for an amount not to exceed the approved Improvements Budget
except as provided in this section and in Section4.I.I of the Lease and Section 4.2, Section 4.4,
Section 4.6 and Section 6.3 of this Improvement Agreement. Lessor shall construct the entire
Leasehold Improvcments, including all items identified in any budgeting projections, in
compliance with the Accepted Construction Documents and the approved Improvements Budget,
at Lessor's sole cost and expense, except as provided in this section and in Section 4. I.I of the
Lease and Section 4.2, Section 4.4, Section 4.6 and Section 6.3 of this Improvement Agrecment.
Lessor shall complete construction of the Leasehold Improvements even if the cost of any
portion of the construction of the Leasehold Improvements exceeds the amounts set forth in the
Improvements Budget, or if the aggregate total cost of construction exceeds the total
Improvements Budget price or any amounts projected or budgeted, except as provided in this
section and in Section 4.1.1 of the Lease and Section 4.2, Section 4.4, Section 4.6 and Section
6.3 of this Improvement Agreement. County shall only be responsible for payment of the costs
of constructing the Leasehold Improvements, not to exceed the aggregate total amount of the
County-approved Improvements Budget, except as provided in this section and in Section 4.1.1
of the Lease and Section 4.2, Section 4.4, Section 4.6 and Section 6.3 of this Improvement
Agreement. County shall be responsible for payment of all costs of County-initiated Changes
requiring revisions in the Accepted Construction Documents, including engineering, estimating,
coordination, layout and printing of drawings, specification changes and any other incidental
expenses, to the extent the County-initiated Changes cause the cost of construction of the
Leasehold Improvements to exceed the Leasehold Improvements Allowance and the Leasehold
Improvements Contingency, as set forth in Section 6 of this Improvement Agreement. If there
are any County-initiated Changes that require revisions to the Accepted Construction
Documents, and the revisions to the Accepted Construction Documents cause the cost of
construction of the Leasehold Improvements to exceed the Leasehold Improvements Allowance
and the Leasehold Improvements Contingency, County shall reimburse Lessor, in the form of a
lump sum payment or as additional rent under Section 4.1.1 of the Lease.
4.6 As used in this Lease, the term "Actual Cost of Construction of the
Leasehold Improvements" means Lessor's actual cost to design, construct and install the
Leasehold Improvements, as documented and verified pursuant to the provisions of Section
4.6(a) through 4.6(c), below. The Actual Cost of Construction of the Leasehold Improvements
shall include Lessor's actual Costs, as defined in Section 7 of this Improvement Agreement, to
make Changes authorized by County, as set forth in Section 6 of this Improvement Agreement.
(a) Lessor shall disburse Leasehold Improvements construction funds
to its Contractor, up to the total amount of the Improvements Budget, for work performed and
materials in place on the Premises, upon certification by the Project Designer that the work has
been performed and the materials are in place. Lessor shall retain all invoices, receipts, payroll
CCSF.eS.llO, Rev. 02/2004
B-4
37
and expense records and other appropriate records (collectively, "Cost Records") which provide
evidence of (i) construction and installation of the Leasehold Improvements, and (ii) the Actual
Cost of Construction of the Leasehold Improvements. All Cost Records shall be maintained by
Lessor in accordance with generally accepted accounting principles, and shall be stored at
Lessor's place of business identified in Section I.l of the Lease for a period of twelve (12)
months following the Commencement Date. Copies of all Cost Records shall be delivered by
Lessor to County within ten (10) business days after Lessor's receipt of County's request for the
Cost Records.
(b) Lessor shall deliver to County, within thirty (30) days from the
Commencement Date, a letter which states the Actual Cost of Construction of the Leasehold
Improvements. The letter shall be signed by Lessor and the Project Designer, each certifying
that the Actual Cost of Construction of the Leasehold Improvements is true and correct to their
actual knowledge.
(c) Within the twelve (12) month period following the
Commencement Date, County or County's designated agent shall have the right at any
reasonable time to inspect and copy Cost Records, and to challenge the accuracy or calculation
of the Actual Cost of Construction of the Leasehold Improvements. If, after challenge by
County or County's internal auditor, an independent third-party auditor (selected by Lessor and
County) prepares an audit which indicates that Lessor's determination of the Actual Cost of
Construction of the Leasehold Improvements has resulted in the County paying rent in an
amount greater than County's obligations under this Lease, then (i) Lessor shall reimburse
County for the cost of the audit, (ii) Lessor shall reimburse County for the overpaid amounts, by
Cashier's Check, within thirty (30) days of County's demand for payment, together with interest
on the overpaid amounts at a rate equal to ten percent (10.0%), (iii) County and Lessor shall
reduce the amount of rent provided in the Lease to the amount reflected in the audit, and (iv)
Lessor shall reimburse County for its reasonable fees and costs, including reasonable attorney's
fees and costs incurred; provided, however, if the audit does not conclude that County has paid
rent in an amount greater than County's obligations under this Lease, then County shall not be
reimbursed by Lessor for the cost of the audit and County shall reimburse Lessor for its
reasonable fees and costs, including reasonable attorney's fees and costs incurred.
5. COMPLETION OF WORK. Following County's acceptance of the Construction
Drawings and Improvcments Budget, Lessor shall comply with the conditions set forth in this
Improvement Agrecmcnt pertaining to construction of the Leasehold Improvements.
5.1 Lessor shall enter into a contract for the construction of the Leasehold
Improvements with one of the three general contractors ("Contractor") chosen by competitive
bidding. Lessor may consider other relevant factors in addition to price when selecting a
Contractor, such as the experience and financial strength of the Contractor. The Contractor shall
be bondable and shall meet all licensing and insurance requirements of the State of California
and the jurisdiction in which the Premises are located. County reserves the right to approve the
Contractor, but the approval shall not be unreasonably withbeld. Subject to the County's review
and approval of bids received, the Contractor shall select subcontractors as a result of
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competitive bidding from at least three (3) subcontractors for each trade necessary to construct
the Leasehold Improvements where the labor costs for the trade will exceed six thousand five
hundred dollars ($6,500), or the material costs for the trade will exceed three thousand five
hundred dollars ($3,500). The Contractor may consider other relevant factors in addition to price
when selecting any subcontractor, such as experience and financial strength of a subcontractor.
5.2 Lessor is aware of, and will make the Contractor and all subcontractors
aware of, the County's AfTmnative Action Program for Vendor's, as described in Article 12 of
the Lease.
5.3 As part of the Improvements Budget, Lessor shall obtain and pay for all
governmental permits required to complete the Leasehold Improvements pursuant to Section 4.1
(iv) of this Improvement Agreement. Lessor shall file an application for a building permit for
the Leasehold Improvements within five (5) business days after County's approval of the
Accepted Construction Documents and the Improvements Budget. No work shall commence
until the Accepted Construction Documents are filed with the permitting authority having
jurisdiction over the Premises, all required building permits have been obtained, and the Project
Designer has certified that to its actual knowledge, if performed in accordance with the Accepted
Construction Documents, the work will comply with all laws, codes, regulations and statutes
applicable to the work.
5.4 Prior to award of any contract for construction or the installation of any
portion of the Leasehold Improvements (collectively "Construction Contract"') to the Contractor.
Lessor shall furnish to County, a true final executable copy of any proposed Construction
Contract with the Contractor.
5.5 Before commencing work on the Leasehold Improvements, Lessor shall
provide County with evidence that there exist sufficient funds to undertake and complete the
construction of the Leasehold Improvements and County agrees that Lessor may satisfy the
obligation by providing County with documentation verifying that an amount equal to the
Leasehold Improvement Allowance is impounded in an account controlled by Lessor's lender,
Artesia Mortgage Capital Corporation, and is to be allocated to Lessor for the purpose of
undertaking and completing the Leasehold Improvements for the County's Premises.
5.6 From commencement of construction of the Leasehold Improvements,
Lessor shall cause Contractor to maintain public liability, workers compensation and property
damage insurance in the form and amounts specified in tillS Lease, and during the course of
construction of the Leasehold Improvements and until the Commencement Date, Builder's Risk
Insurance in an amount equal to the expected value of the Leasehold Improvements when
construction is completed. Prior to commencement of construction, Lessor shall cause
Contractor to provide written evidence to County of the insurance coverage.
5.7 Lessor shall cause Contractor to diligently commence and complete the
co~struction of the Leasehold Improvements: (i) in a good and workmanlike manner by well-
tramed, adequately supervised workers; (ii) in compliance with the Accepted Construction
Documents (except for insubstantial deviations which do not interfere with the utility or use of
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the Leasehold Improvements); (iii) in compliance with all governmental and quasi-govemmental
rules, regulations, laws and building codes (including safety requirements), and all requirements
of the Lessor's and Contractor's insurers and lenders; and (iv) in a manner free from all design,
material and workmanship defects.
5.8 County shall have the right prior to completion of construction of the
Leasehold Improvements to enter the Premises for the purpose of inspecting construction
progress, making punch-list inspections, and installing any fixtures, telephones, electronic
communication or special equipment as County may desire, all without incurring any obligation
for the payment of rent or additional sums. County shall provide evidence of self-insurance, or
County's vendor, shall provide Lessor with evidence of County's insurance coverage for the
installation of any fixtures, telephones, electronic conununication or special equipment, as
rcasonably required by Lessor. County shall use its best efforts to minimize interference with
Lessor's construction of the Leasehold Improvements and will give written prior reasonable
notice on the dates, times and scope of work to be performed to Lessor and Contractor of
County's desire to enter the Premises. County will coordinate all installation work with
Contractor. Any occupancy delays caused by County's installing of any fixtures, telephones,
electronic communication or special equipment shall not be a basis for delay of the
Commencement Date of this Lease.
5.9 Lessor shall disburse Leasehold Improvement construction funds to
Contractor and subcontractors for work performed and materials in place and on the Premises,
upon certitication by the Projcct Designer that the work has been performed and the materials are
in place on the Premises. Contractor shall rctain on behalf of Lessor all invoices, receipts and
other appropriate records evidencing that the work has been performed and that the materials are
in place on the Premises. Copies of all invoices, receipts and other appropriate records related to
the Leasehold Improvements shall be delivered by Lessor to County within ten (10) business
days after Lessor's receipt of County's written request.
5.10 Lessor shall complete construction of the Leasehold Improvements on or
before the Scheduled Commencement Date. The Scheduled Commencement Date may be
adjusted under the provisions of this Lease.
5.11 Lessor shall cause the Leasehold Improvements to be constructed free of
any liens. If any liens are filed against the Premises or any portion of the Property as a result of
construction of the Leasehold Improvements or any other construction conducted by Lessor, the
liens shall be removed at Lessor's sole cost, and Lessor shall indemnify and defend County
against all costs associated with the removal of the liens and the defense of any litigation filed
pursuant to the removal of any liens.
5.12 Within thirty (30) days of County's acceptance of the Leasehold
Improvements, Lessor shall deliver to County's Lease Administrator two (2) sets of "as-built"
drawings, showing the construction of the Leasehold Improvements in place.
5.13 Lessor shall, as appropriate under the terms of the Lease, assign to County
any manufacturer's warranties \\~th respect to construction of the Leasehold Improvements.
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5.14 County's acceptance of the Leasehold Improvements pursuant to the
provisions of Section 3.1.3 of this Lease shall not be deemed to constitute acceptance by County
of any latent construction defects. Lessor shall deliver to County an original Certificate of
Occupancy for the Premises issued by the permitting authority within ten (10) business days
following completion of the Leasehold Improvements. Lessor shall record a Notice of
Completion promptly upon completion of the Leasehold Improvements and forward a certified
copy of the Notice of Completion to County.
5.15 County shall not be responsible for payment of any costs of removal or
abatement of any Hazardous Materials, as defined in Article 10 of this Lease, encountered during
construction or installation of the Leasehold Improvements.
6. CHANGES.
6.1 If County wishes to make a change ("Change" or "Changes") in the
Leasehold Improvements as shO\'ffi on the Accepted Construction Documents, whether prior to
or after the commencement of construction of the Leasehold Improvements, it shall give prior
written notice to Lessor of the requested Change. Lessor shall, within five (5) business days
thereafter, give County a reasonable good faith estimate of any increase or decrease in the Costs
of constructing the Leasehold Improvements resulting from the requested Change, and the delay
in completing the construction of the Lcasehold Improvements, if any, that would result from the
Change.
6.2 If County elects to proceed with the Change, it shall deliver prior written
notification of the Change to Lessor, and Lessor shall incorporate the Change into the Accepted
Construction Documents and the Leasehold Improvements. Any Change to the work may be
made only upon written request to Contractor by Lessor approved in writing by County, in each
. instance evidenced by a written change order describing the Change.
6.3 County shall be responsible for any extra cost in the Improvements Budget
resulting from Changes requested by County, and for any resulting delay in the Scheduled
Commencement Date, but only up to the amount of Lessor's prior estimates of the Costs, or of
any delay. County shall reimburse Lessor for any increase in the Costs of the Leasehold
Improvements resulting from any Changes requested by County, with County paying for excess
costs in the form of a lump sum payment or as additional rent under the provisions of Section
4.1.1 of this Lease. County shall receive credit for any decrease in the Costs of the Leasehold
Improvements resulting from any Changes requested by County.
6.4 Any Change shall be incorporated into the work in accordance with all of
the terms and provisions of this Improvement Agreement pertaining to construction of the
Leasehold Improvements, including without limitation those provisions governing compliance
with applicable laws, obtaining permits, and competitive bidding.
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7. COSTS. As used in this Lease, the term "Costs" means the Costs actually
expended by Lessor, as certified by the Project Designer, to install Leasehold Improvements in
accordance with the Accepted Construction Documents and working drawings prepared for the
Leasehold Improvements by Lessor pursuant to the instructions and approval of County,
including the following, as applicable: costs of preparing space plans, construction plans,
working drawings and the Accepted Construction Documents; costs of preparing the
Improvements Budget; costs oflabor; costs of equipment and material; contractor's field
overhead and fees (not to exceed five percent (5.0%) of the total Costs); engineering fees; costs
of governmental permits and plan-check fees; testing and inspection Costs; Lessor's direct field
supervision fees (not to exceed three percent (3.0%) of the total costs); sales and use taxes (but
not real property taxes); bonds; and other costs directly related to the construction of the
Leasehold Improvements. Other than as set forth above, Costs shaIl not include any construction
loan fees, if any.
8. REFURBISHMENT.
So long as County exercises any option it has under the Lease to extend the Term,
Lessor shall, upon County's written request, provide at the beginning of the First Extension
Period and Second Extension Period, as applicable, new paint and carpeting in the Premises
("Refurbishments"). Upon receipt of written notification from County of its intent to extend the
Tenn, Lessor shall at the beginning of the First Extension Period and at the beginning of the third
year of the Second Extension Period, as applicable, arrange and pay for the cost of painting and
carpeting, and associated costs such as moving furniture in order to complete the Refurbishments
at the beginning of the First Extension Period and at the beginning of the third year of the Second
Extension Period, as applicable. Lessor shall complete the Refurbishments for any extension
period no later than ninety (90) days following beginning of the First Extension Period and the
beginning of the third year of the Second Extension Period, as applicable. All the criteria and
requirements applicable to construction of the Leasehold Improvements shall also be applicable
to completion of the Refurbishments, including, but not limited to, compliance with all
applicable laws, the procedure for acceptance of the Refurbishments by County. and Lessor's
insurance requirements.
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SCHEDULE "B-1" TO EXHIBIT "B"
OUTLINE SPECIFICATIONS
DIVISION 0 - INTRODUCTION INFORMATION
00700 GENERAL CONDITIONS
The Lessor shall acquire a Project Designer, who is licensed to practice
architecture in the State of California, to provide complete professional services
for the design and construction of the Leasehold Improvements. The Lessor and
the Project Designer shall be responsible for the integrity of the design and
construction of the Leasehold Improvements and conformance with any and all
codes. During the construction of the Leasehold Improvements, the Lessor,
Project Designer, and the Contractor shall be available to attend regularly
scheduled project meetings.
DIVISION 1 - GENERAL REQUIREMENTS
01010 SUMMARY OF WORK
The Lessor shall improve the Premises in compliance with the Accepted
Construction Documents.
01035 MODIFICATION PROCEDURES
See Exhibit "B", Section 6, Changes.
01040 COORDINATION
During the construction of Leasehold Improvements, the Lessor shall direct a1l
construction related communication to the County's Project Manager. The
County's Project Manager shall be identified in writing by County's Lease
Administrator upon County's execution of this Lease. All County communication
to the Project Designer and the Contractor shall be made through the Lessor,
unless otherwise agreed between County and Lessor.
01060 REGULATORY REQUIREMENTS
The Leasehold Improvements shall be constructed and installed in compliance
with all applicable federal, state, and local codes and regulations. The most
recently adopted versions shall apply. All codes and regulations shall be
considered to be the minimum building needs and life safety standards. The
Leasehold Improvements shall comply with the American Disabilities Act of
1990 requirements, life safety requirements, and California Administrative Code
Title 24 requirements.
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01200 PROJECT MEETINGS
The Lessor shall provide a suitable place at the job site for conducting project
meetings. The Contractor shall record and distribute all meeting notes. A pre-
construction meeting for the Leasehold Improvements shall be conducted
immediately after County's execution of this Lease. Scheduled progress meetings
shall be held regularly thereafter, until the Premises are accepted by County.
01300 SUBMITTALS
Lessor, the Project Designer, and Contractor shall be responsible for submittals as
follows:
A. The Project Designer shall provide a list of required submittals to the
Contractor, with a copy to the County's Project Manager, no later than
five (5) business days after the pre-construction meeting. The Project
Designer shall review all submittals and, if deemed acceptable and when
necessary, forward these to the County's Project Manager for review.
B. Contractor shall submit to the County's Project Manager a construction
schedule for the Leasehold Improvements no later than five (5) business
days after the pre-construction meeting.
C. All colors and materials for the Leasehold Improvements shall be selected
by the County's Project Manager. The Lessor shall provide adequate
samples to the County's Project Manager, and allow reasonable time for
selection of colors and materials.
D. Prior to the installation of any lockscts in the Premises, Lessor shall
provide County's Project Manager with a key schedule for the Premises
for review and approval. lf a key schedule is not provided prior to
installation of the locksets, Lessor shall be responsible for any and all re-
keying or changing of locksets which are reasonably necessary to meet
County's requirements.
E. Upon the County's request, the Lessor shall provide certified copies of
payrolls and other documents which may be deemed necessary to verify
equal employment opportunity, non-segregated facilities, and statutory
requirements.
01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
The Lessor is responsible for maintaining the safety and security of the Leasehold
Improvements job site. The Lessor shall post project identification, distinguish
and mark the areas where a hard hat is required, govern that the hard-hat
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requirement is complied with, and erect barricades if necessary to control non-
construction traffic. The job site shall be kept clean at all times.
01700 CONTRACT CLOSEOUT
The Lessor shall abide by the acceptance provisions set forth in Article 3 and
Exhibit "B" of this Lease. During any of County's walk-through inspections, the
Lessor shall prepare a punch-list of deficient items and submit this list to the
County's Project Manager for review. This punch-list shall be used by County to
prepare the "list of deficiencies" described in the Section 3.1.3. Acceptance of
Premises bv County of this Lease.
01720 PROJECT RECORD DOCUMENTS
Lessor shall cause a set of as-built documents, including specifications and
drawings, to be up-dated and maintained at the job site by the Contractor. Lessor
shall submit two (2) sets of as-built documents to County as required in Section
5.12 of Exhibit "B".
01730 OPERATION AND MAINTENANCE DATA
Upon the completion of construction, Lessor shall submit two (2) copies of all
operation and maintenance manuals for the Leasehold Improvements to County.
The Lessor shall conduct demonstration sessions, as requested by the County,
which shall instruct County staff on how to maintain and operate the Leasehold
Improvements.
DMSION 2 - SITEWORK
02050 DEMOLITION
Promptly remove and properly dispose all unused materials and debris from the
job site: Properly cap-off all pipes, ducts and conduits as required.
02780 POWER AND COMMUNICATION
Power and communications shall be shall be routed to the Premises and Leasehold
Improvements via underground conduits.
02800 SITE IMPROVEMENTS
The parking lot and all exterior hard surfaces serving the Leasehold
Improvements shall be properly paved and sealed, and provide adequate sewerage
and drainage. Parking spaces shall be clearly marked, including all required
identifications for the physically disabled.
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DIVISION 3 - CONCRETE
No special requirements.
DIVISION 4 - MASONRY
No special requirements.
DIVISION 5 - METAL
No special requirements.
DIVISION 6 - WOOD AND PLASTICS
06200 FINISH CARPENTRY/ARCHITECTURAL WOODWORK
Lounge. Provide commercial grade base cabinets and wall-hung upper cabinets.
Cabinets shall have laminated plastic finish. Provide black or white melamine
interior shelving. Each base cabinet shall have one (1) adjustable shelf. Each
wall-hung upper cabinet and each full height cabinet shall have adequate number
of adjustable shelves so the shelves can divide the interior into sections of no
more than 12 inches in height. Counter top shall be plastic laminate with 4-inch
back splash. Provide power outlets at 24 inches on center at back splash.
New RestroomslShowers. Provide laminated plastic lavatory counters in new
restrooms with 6-inch front apron and 4-inch back splash.
Core Area Restrooms. Existing improvements to remain.
Receotion Counter. Provide reception counter. Occupying County department to
provide specifications to Lessor.
Prisoner Room. Provide bench and wainscot. Occupying County department to
provide specifications to Lessor.
Conference Room. Provide television-audio/visual cabinet. Occupying County
department to provide specifications to Lessor.
Suoolv Room. Provide millwork. Occupying County department to provide
specifications to Lessor.
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All millwork shall be manufactured and installed in accordance with the standards
in the latest edition ofthe Manual of Millwork of the Woodwork Institute of
California in the grade or grades specified or shown on the Accepted Construction
Documents. Comply with the standard in effect at the time of bid applicable
requirements of "Manual of Millwork", published by W.LC., unless otherwise
specified.
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
No special requirements.
DIVISION 8 - DOORS AND WINDOWS
08200 WOOD DOORS
Interior doors shall be 3'0" wide x 7'10" high x 1-3/4" thick veneer face, unless
otherwise specified. Provide silencers and door stops at all doors. Occupying
County department to provide Lessor with locations of doors requiring windows.
08700 FINISH HARDWARE
Provide building standard locksets. If there are existing doors to remain, revise
locksets to match the new hardware. All hardware shall have lever handles and
all automatic door closures shall conform with ADA requirements. Provide
cipher locks for rooms indicated in lease plans, Unican Simplex 1000 with lever
handle or an approved equal.
08800 GLAZING
New Restrooms/Showers. Provide a mirror to extend the full width of the
lavatory counter from the top ofthe back splash to 7 feet above floor. Provide
mirror for the physically disabled as required by codes.
Core Area Restrooms. Existing improvements to remain.
Other Interior Glazing. Occupying County department to provide specifications
to Lessor.
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DIVISION 9 - FINISHES
09200 INTERIOR WALLS
ThroUlmout Premises. Full height Level 4 smooth finish walls shall be fully
insulated with R-II insulation batt. Provide fire-rated walls and fire separation
walls in accordance with codes.
Fabric Wraopcd Panels. Occupying County department to provide specifications
to Lessor.
09300 TILES
New Restrooms/Showers. Provide slip-resistant glazed ceramic tile flooring with
6-inch high ceramic tile base, and full height ceramic tile on all walls in new
restrooms where required by applicable code requirements in effect in the City of
Chula Vista. Provide tile on all surfaces within shower enclosures where required
by applicable code requirements in effect in the City of Chula Vista. Provide tile
on restroom walls where required by applicable code requirements in effect in the
City of Chula Vista.
Core Area Restrooms. Existing improvements to remain.
09500 CEILING SYSTEMS
Where a suspended ceiling is required, provide acoustical ceiling system in light
color. Where a suspended ceiling is not required, structural members and
suspended pipes, ducts, conduits, etc. shall be architecturally designed to provide
a pleasant appearance.
09600 CARPET
Throul!hout Premises. Provide commercial grade 24-inch x 24-inch carpet tiles
with direct glue-down installation, in all areas unless specified otherwise. Provide
4-inch high carpet wall base in all carpeted areas, except along exterior walls with
windows where 2-inch high carpet wall base shall be used.
09650
RESILIENT FLOORING
Throul!hout Premises. Provide 4-inch high rubber base in areas \vith resilient
flooring unless specified otherwise.
LounlZe. StoralZe Rooms. Teleohone Room. Janitor Closet. Provide resilient
flooring in lounges, storage rooms, telephone rooms and janitor's closets. Sub-
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floor surfaces shaH be prepared in accordance with flooring manufacturer's
recommendations to receive new flooring.
09900 PAINTING
Provide two-coat finish oflo-sheen paint on all Level 4 smooth finish interior
walls unless specified otherwise.
DIVISION 10.. SPECIALITIES
]0160 METAL TOILET COMPARTMENTS
New Restrooms/Showers. Provide plastic laminate toilet partitions in new
restrooms. Provide one coat hook in each toilet compartment.
Core Area Restrooms. Existing improvements to remain.
]0400 IDENTIFYING DEVICES
Provide adequate exterior and interior directories and signs to identify rooms and
provide directions. Interior signs shall be made of II4-inch plastic with transfcr
lctters. The Lessor shall meet with the County's Projcct Manager to acquire
detailed sign specifications, prior to County's acceptance of the Leasehold
Improvements. All bilingual signs shall be as specified by County's Project
Manager and users. All signs shall conform with the sign program for the
building and shaH comply with the requirements of Section 5.2 of this Lease.
]0650 OPERABLE PARTITIONS
Provide operable partitions in Conference Room - 354 and Conference Room -
370. Operable partitions shall have manually operated, pair hinged panels.
Operable partitions shall be Hufcor #632 or an approved equal.
10800
TOILET AND BATH ACCESSORIES (AMERICANS WITH
DISABILITIES ACT (ADA) COMPLIANT)
New RestroomslShowers.
a. Provide a center mounted single handle faucet .and a soap dispenser at
each lavatory in the new reslrooms. Faucets shall be Zum, heavy duty
commercial faucets with a rotating stainless steel ball mechanism. All
stainless steel restroom soap dispensers shall be by Bobrick, or approved
equal. Lessor may provide faucets and soap dispensers equal to these if
approved by the County's Project Manager.
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b. Provide a seat cover dispenser and a double-roll toilet paper dispenser in
each new toilet compartment. Provide a sanitary napkin receptacle in each
new toilet compartment used by women.
c. Provide adequate paper towel dispenser/disposal in each new restroom.
d. Provide a wall-mount combination sanitary napkin and tampon dispenser
in each new women's restroom. The dispenser shall have a capacity of 17
napkins and 26 tampons, and shall be coin-operated with 25-cent action.
e. Provide a single handle faucet with hot and cold water service, at each
sink in lounges. The faucet shall be by Zurn, or an approved equal.
Lounge. Provide hot drinking water dispenser at the kitchen/break room sink.
The hot water dispenser shall be In-Sink-Erator Model H -770, or an approved
equal.
DIVISION 11 - EQUIPl\IENT
No special requirements.
DIVISION 12 - FURNISHINGS
12500 WINDOW TREATMENT
Provide building standard vertical blinds for all exterior windows.
12600 SYSTEM FURNITURE
Modular furniture and system furniture to be installed by County vendor. Lessor
shall provide wall mounted power/communications distribution system to the
modular furniture and systems partitions as shown in the Preliminary Space Plan.
Lessor shall coordinate the location of the power, telephone and data connections
with County's furniture and telephone/data vendors. Lessor shall provide the
final power connection to the modular furniture and system furniture. County's
telephone/data vendor shall provide all telephone and data wiring connections for
the modular furniture and systems furniture.
DIVISION 13 - SPECIAL CONSTRUCTION
13900 FIRE AND SECURITY SYSTEMS
Security SYstem. Security system to be provided by County or County vendor.
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IDF Room Fire Svstem. Lessor to provide aragonite fire suppression system.
DIVISION 14 - CONVEYING SYSTEM
No special requirements.
DIVISION 15 - MECHANICAL
15300 FIRE PROTECTION
Provide adequate fire extinguishers and other fire safety devices as required by
local Fire Marshal. Maintain all fire safety equipment in good worlcing condition.
Existing or new fire alarm system shall comply with ADA requirements.
15440 PLUMBING FIXTURES
Guidelines set in Uniform Plumbing Code shall be considered the minimum
requirements in detemlining numbers offacililies.
New Restrooms/Showers:
a. Provide self-rimming vitreous china lavatories.
b. Provide vitreous china flush-valve water closets with open-front plastic
seats. Seats shall be made of heavy-duty commercial grade material with
a non-absorbent finish.
c. Provide vitreous china blowout wall-hung flush-valvc urinals with water
reservoir.
d. Provide a floor drain in each restroom near thc center of the room,
preferably located under a toilet partition. Slope floor to drain.
e. Provide fixturcs to serve new showcrs.
Core Area Restrooms. Existing inJprovements to remain.
Loun~e. Provide stainless steel singlc bowl commercial grade sink with heavy
duty garbage disposer in lounge.
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15500 HEATING, VENTILATING, AND AIR CONDITIONING
The following shall be considered the minimum requirements for all areas in the
Premises. Some areas, such as telephone rooms, computer rooms, and restrooms
may have additional requirements.
The heating, ventilation and air conditioning ("HV AC") system shall be capable
of supplying outside air at 20 CFM per occupantJor a maximum occupancy of
180 occupants in the Premises, and maintaining minimum air circulation at 1
CFM per square foot. All areas in the Premises shall receive a minimum of six air
changes per hour.
Office areas shall be reasonably quiet, with a sound range not exceeding 55 db on
the "A" sound scale, 50 db on the NC curve, or 58 db on the third band frequency
(250 cycles).
The temperature control standards shall be set by the Lessor's building manager
to have the temperature control devices set so that the dry-bulb temperature in the
facility during occupied periods in not lower that 78 degrees Fahrenheit when
cooling or higher than 68 degrees Fahrenheit when heating. If the temperature in
different rooms is controlled by one thermostat, the average dry-bulb temperature
of those rooms will be used to determine compliance with the regulations
regardless of the thermostat setting. In computer rooms and telephone rooms, the
HV AC system shall maintain a mean room temperature of 68 degrees Fahrenheit,
and shall ensure that the room temperature never exceeds 73 degrees Fahrenheit.
The IN AC system shall be designed such that computer rooms and telephone
rooms are zoned separately from other areas of the facility. These rooms,
however, may be served jointly on the same zone. The HV AC system shall be
designed to dissipate heat from telecommunications equipment and computer
equipment.
Smoking is prohibited in all County occupied buildings. The HV AC system docs
not need to be designed to accommodate air changes due to smoking in the
facility. The HV AC system shall be designed to accommodate air changes due to
heat generated by personal computers.
All thermostats shall be secured by locked cases. Keys to the cases shall be
provided to the County's on-site building manager.
The system shall be fully automatic, operational HV AC system including HV AC
equipment with supply and return duct work, controls, air supply and return
outlets.
The HV AC system shall be designed, installed, and maintained to function in
accordance with the latest standards and recommendations of:
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the American Society of Heating, Remgeration and Air Conditioning
Engineers, Inc. (ASHRAE 62-1999 and ASHRAE 55-1992)
the National Fire Protection Association Standards 90A
the Uniform Mechanical Code
Energy Conservation Standards Title 24
the Uniform Building Code
The Lessor and the Project Designer shall carefully divide the Premises into
separate HV AC zones so that each zone will meet the above requirements. For
example, the lobby will have a heavier occupant load than staff areas, and
conference rooms will occasionally have extra-heavy occupant loads. Maximum
zone shall not exceed 2,000 square feet. Zone each system according to
occupancy and exterior orientation. Do not combine interior and exterior zones
on the same system.
Exhaust for bathroom, kitchens, etc., shall be at a rate of2 CFM per square foot.
DIVISION 16 - ELECTRICAL
16050 ELECTRICAL
Power Outlets. Provide two (2) quadriplex power outlets to each work station and
each private office. Provide four (4) duplex power outlets to each conference
room and other miscellaneous rooms. In computer rooms and telephone rooms,
provide power outlets according to the attached Telecommunications
Specifications. In all other areas, provide adequate power outlets to support the
need for vacuum cleaning. In addition, provide dedicated power outlets to the
locations as needed by the County. All outlets shaIl be either recessed in walls or
instaIled in system furniture panels.
Electrical Panels. AIl electrical panels located in the office areas shaIl have
lockable covers, and shaIl be finished to match adjacent conditions.
16500 LIGHTING
Provide building standard Columbia #P4D24-3 DuraLouver Parabolic, 2-foot x 4-
foot ceIl, with three (3) F32T8m35 lamps.
16700 COl\IMUNICATIONS
Provide two (2) telephone/data outlets to each work station, each private office
and all areas shown in plan. In computer rooms and telephone rooms, provide
telephone/data outlets according to the attached Telecommunications
CCSF.BS.IID, Rev. 02/2004
B-20
'.
37
Specifications. All outlets shall be either recessed in walls or installed in system
furniture panels.
The County's telephone vendor shall specify the County's
telephone/communications system. The County's telephone vendor requires a
main telephone room, with a demarcation between the main telephone room and
. the County phone room. The main telephone room shall be where shown on the
Preliminary Space Plan. County's telephone vendor requires telephone closets to
be located so that all telephone/data devices are within a 200-foot wire run from
any telephone closet. A 4-inch conduit shall be provided from the main telephone
room to each closet. Adequate electrical and air conditioning systems shall be
provided to support the main telephone room and closets, as specified in the
attached Telecommunications Specification. Telephone and data jacks, wiring,
and devices will be provided by the County. Wiring and devices associated with
the security systems shall be provided by County. Refer to the attached
Teleconununicatiolls Specifications for detailed requirements.
A path shall be provided for each telephone/data device between the device and a
telephone closet. The path shall comply with the following requirements:
A. Through full height walls and fire walls:
Provide 4-inch conduit penetrating the wall. Seal betwecn the conduit and
the wall. County's telephone vendor will seal between the conduit and
wires after wiring. Provide conduit sleeves in accordance with codes.
B. Through underground ducts:
Provide pull ropes throughout the path. Provide adequate junction boxes.
C. Through ceiling cavities at lay-in ceilings:
Telephone/data wires are to be tied up and away from the ceiling grid.
Inform the County Project Manager during design phase whether the
ceiling cavity is return air plenum.
D. Through ceiling cavities at hard ceilings:
Telephone/data wires above ceiling structural members must be hung or
tied per City of Chula Vista code, provided those structural members are
placed no further than 4 feet on center in both directions. Provide
adequate access panels for wiring.
If ceiling structural members are more than 4 feet apart in either direction,
provide adequate continuous conduits with pull ropes and adequate
junction boxes in the ceiling cavity. Provide adequate access panels for
CCSF.8S.11D, Rev. 02/2004
B-21
"
37
wmng. Infonn the County's Project Manager during design phase
whether the ceiling cavity is return air plenum.
E. Between telcphone rooms, telephone closets and computer rooms:
Provide adequate number of 4-inch conduits with pull ropes and adequate
conduits.
F. To system furniture panels:
Provide power to components.
G. County shall provide one PacBcll RJ38 X telephone line for security
requirements to be installed in County telephone/data room. Phone lines
shall be installed prior to fire marshal's [mal inspection approval of the
leased premises.
H. In situations not described above:
Consult the County"s Project Manager early in the Leasehold
Improvements design, recommend solutions, and expedite the solution
accepted by the County's Project Manager.
CCSF.8S.110, Rev. 02/2004
B-22
>.
37
TECHNICAL SPECIFICATIONS FOR
MAIN TELEPHONE ROOMS
Electrical
TYPICAL (100-500 staff) MUL TICARRIER
1. 5000V A UPS
Qty. I dedicated 208V AC single phase circuit
Circuit Breaker Size: 30 amp
Type: Two pole
Circuit Termination: NEMA 5-15R
2. 120VDC BBC W/Charger
Qty. 2 dedicated 120V AC single phase receptacle
Circuit Breaker Size: 15 amp
Type: Single pole
Circuit Termination: NEMA 5-15R
3. Single Point Ground
Qty. 1 #6 A WG extend from cxisting ground bar
Qty. 1 #6 A WG ground bar with a minimum of tcn #6 ground distribution connections
4. Overhead lighting typical 4-foot panels required.
5. Provide a Quad 120V AC 20 amp dedicated circuit in each intermediate telephone closet.
Environmental Reouirements
TYPICAL (100-500 staff) l\IUL TICARRlER
I. Recommended continuous operating range
Temperaturc: 65 degrees Fahrenheit to 85 Fahrenheit room air temperature
Humidity: 20 percent to 60 percent relative humidity
2. Total heat dissipation
PBX system is 6,800 BTUlhour
UPS system is 1,054 BTUlhour
CCSF.B5.110, Rev. 02/2004
B-23
.,
37
3. WalllFloor loading
Total weight of PBX (wall) is 520 pounds
Total weight of UPS (floor) is 1,246 pounds
4. The telephone room shall have a dual stand alone HV AC system consisting of two
dedicated x-ton (BTU's wiII be calculated at a later time) air conditioning units that will
run continuously. Unit I wiII run 72 hours at a time and then switch to Unit 2, which wiII
run for 72 hours while Unit I is off. These units will run 24 hours a day, 365 days a year.
Provide alarm monitoring contacts for remote monitoring.
5. Air conditioning units are to be installed outside of the ceiling space directly above the
main telephone room.
6. Install thennostat next to the telephone room entrance.
Floor Snaee
TYPICAL (100-500 staff) J\lUL TICARRIER
Minimum requirements 12 feet x 15 feet
Wall Snaee
TYPICAL (100-500 staff) MUL TICARRIER
Minimum requirements 2 sheets of 4' x 8' x 3/4" plywood
Closets
The nunlber of closets wiII be dictated by the floor plan of the building, "L" shaped buildings
would require more closets, as well as risers to support the closets. The size of the closet \ViII be
dictated by the size of the building and number of users.
Fire Code
Provide adequate fire protection in the area of the main telephone room.
Conduits
1. Provide and install (3) 4-inch conduits between the building telephone equipment room
and the local telephone company's service connection.
CCSF.85.11D. Rev. 02/2004
B-24
"
'.
.
37
2. Telephone closets for a building with multiple floors require the following design
considerations:
a) Telephone closets shall be stacked on top of each other.
b) 4-inch conduits connect each closet.
c) In large buildings, where two stacks oftelephone closets exist, horizontal
4-inch conduits connecting the closets on the same floor must be placed,
forming a conduit ring back to the main telephone room.
3. Provide the following for the telephone outlets/mud rings:
a) Install 3-inch conduit stubs between the telephone outlet and above drop
ceiling.
b) Provide a pull line in all conduits equivalent to #14 A WG 3/16
polypropylene.
4. Provide adequate 2-inch conduit stubs across hard ceilings and through the fire walls.
The contractor is to provide access between all telephone outlets and the serving
telephone closet.
5. Cores/power poles are to be provid",d in floor areas where there is no access to modular
partition systems.
6. A conduit path is to be provided from each c1evator. Elevator telephones wiII be tied to
the County telephone system. .
7. Under the floor cable duct distribution systems, require adequate duct space to
accommodate multiple cable pulls. Access shall be provided in and out of this type of
duct system to each partition modular furniture connection.
CCSF.8S.11D, Rev. 02/2004
B-25
37
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37
SCHEDULE "B-3" TO EXHIBIT "B"
I~lPROVEMENTSBUDGET
Budget Break Down
District Attorney I South Bay
Based on Prints For Permits/Pricing 02-28-07
Pricing Addition 03..05-07
Addendum #1 03-14-07
Soft Costs
Architectural Rngineering & Engineering Fees $45,117
(Construction Documents)
Permits $20,000
Prints $2,500
Design services for upgrades $20,900
Su.b Total $88,517
Construction costs $1,218,452
Total Costs $1,306,969
$ 1,294,507/21,820 useable sq ft $59.90
Tenant Improvement Allowance
21,820 useable sq ft x $ 60.00 $1,309,200
Total Costs $1,306,969
Total Under Budget $ 2,231
/I
.Approved by lof~~ Date 3/2.6 J;;.
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CCSF.85.110. Rev. 02/200'
B-27
37
EXHIBIT "C"
EARLY TERl\IINATION CHARGE
Early Termination Char!!e Durin!! the Initial Term. So long as County is not in default of
its obligations under this Lease, County has the right to terminate this Lease to be effective at the
end of the sixtieth (60th) month of the Term or at the end of the seventy-second (nnd) month of
the Term, upon at least one hundred eighty (180) days prior written notice to Lessor. If County
elects to terminate this Lease, County shall pay to Lessor, in conjunction with the final Base
Monthly Rent payment, an early termination charge equal to the sum of the unamortized costs of:
(1) the Actual Cost of Construction of the Leasehold Improvements installed by Lessor, and (2)
the Commission paid by Lessor to County's Broker and Lessor's Broker, which shall be
amortized using an interest rate often percent (10.0%) per annum for a period of seven (7) years.
The early termination charge shall be calculated as follows:
ETC = (84 - LM) x ((ACC + C) x 0.016601184))
\Vhere,
ETC = Early Termination Charge
LM = Lease Month the tennination is effective (The last month of the lease)
ACC = The amount oftl1e Actual Cost of Construction of the Leasehold
Improvements
C = The amount of the Conunission
The number 0.016601 184 is the constant used to calculate the monthly payment
necessary to amortize $ I at a montWy interest rate of 10.0% for a period of 7
years.
Following the Commencement Date of this Lease, Lessor shall provide County with a written
statement of the actual total costs expended by Lessor for (I) and (2) above, on which an early
termination charge will be calculated.
Basis of Calculation:
To verify the constant using a financial calculator, use the following inputs: Present Value = _
$1; Term = 7 years (7 x 12 = 84 months); Interest Rate = 10.0% (10/12 = .83333333).
To verify the formula using a financial calculator, use a hypothetical termination effective at the
end of the 60th month of the lease and a figure of$ I ,300,000 for the Actual Cost of Construction
and $200,000 for the Commission ("PV"); use 7 years as the Term ("n"); use 1 0.0% as the
Interest Rate ("i"). The resulting monthly payment is $24,901.78. That number times the
number of months of the term remaining upon termination equals the penalty (84 months - 60
months = 24 months; 24 months x $24,901.78 = $597,642.% termination penalty.)
..,1. e':IoI~
CCSF.85.11D. Rev. 04/99
cf1JJ
C-]
"
37
ExarnDle usine: the formula:
ETC = (84 - LM) x ((ACC + C) x 0.016601184))
ETC = (84 - 60) x (($1,300,000 + $200,000) x 0.01660118))
ETC = (84-60) x ($1,500,000 x 0.016601184)
ETC = 24 x $24,901.78
ETC = $597,642.72
CCSF.B5.11D. Rev. 04/99
C-2
37
EXHIBIT "D"
SERVICES TO BE PROVIDED BY LESSOR
Unless stated to the contrary, the following services shall be provided five business days (5) days
per week, Monday through Friday excluding non-business days, between the hours of 6:00 a.m.
and 6:00 p.m.:
1. ELEVATOR SERVICE
Lessor shall ensure that all of the elevators located on the Property, in the Premises, or in
the Common Facilities shall be available to County at all times, and shall operate twenty
four (24) hours per day, seven (7) days per week.
2. HEATING. VENTI LA TION AND AIR CONDITIONfNG SERVICE
The Lessor shall ensure that the following heating, vcntilating, and air conditioning
system ("HV AC System") requirements are maintained throughout the Premises and the
interior Common Facilities between the hours of6:00 a.m. and 6:00 p.m. (except as
noted).
The requirements of this Section shall be considcrcd the minimum requirements for all
areas in the Premises and thc interior Common Facilities. The HV AC System shall, at all
times, meet the specifications set forth in the mosl currently adopted version of the
Uniform Building Code.
The HV AC System shall be capable of supplying outside air at 20 CFM per occupant for
a maximum occupancy of 180 occupants in the Premises, and maintaining minimum air
circulation at I CFM per square foot. All areas in the Premises and the interior Common
Facilities shall receive a minimum of six (6) air changes per hour.
All areas in the Premises and the interior Common Facilities shall be reasonably quiet.
Throughout these areas, the BV AC system 1I0isc shall not exceed 55 db on the "A" sound
scale, 50 db on the NC curve, or 58 db on the third band frequency (250 cycles).
Except as specified below, the HV AC System shall, in all areas, maintain room
temperatures of not less than 68 degrees Fahrenheit, and not more than 78 degrees
Fahrenheit, as specified by the County Board of Supervisors.
The HV AC System shall be maintained such that it functions at all times, in
accordance with the latest standards and recommendations of:
the American Society of Heating, Refiigeration and Air Conditioning
Engineers, Inc.
the National Fire Protection Association Standards 90A
CCSF.8S.110, Rev. 02/2001
D-I
(
;
37
the Uniform Mechanical Code
Energy Conservation Standards Title 24
the Uniform Building Code.
The Lessor and the Project Designer shall carefully divide the Premises into separate
HV AC zones such that each zone will meet the above requirements. For example, the
lobby will have a heavier occupant load than staff areas, and conference rooms will
occasionally have extra-heavy occupant loads. Maximum zone shall not exceed 2,000
square feet. Zone each system according to occupancy and exterior orientation. Do not
combine interior and exterior zones on the same system.
Exhaust for bathroom, kitchens, etc., exhaust at a rate of 2 CFM per square foot.
3. ELECTRICAL SERVICE
Lessor shall, at all times, ensure that adequate electrical service is provided to the
Premises and the Common Facilities twenty-four (24) hours per day, seven (7) days per
week. Lessor's obligation under this Lease shall include electrical service that is
adequate enough to meet the lighting, elevator, and HV AC requirements specified in this
Lease.
4. SEWAGE SERVICE
Lessor shall, at all times, ensure that all sewage systems located on the Property and
serving the Premises and the Common Facilities are in good working order and free from
any blockage on a twenty-four (24) hour per day, seven (7) day per week basis. Lessor
shall.ensure that the sewage systems are of a suitable capacity to be able to, at all times,
remove sewage from the Property, regardless of occupancy loads of County or other
tenants, where the sewage originates from sources on the Property.
5. TRASH REMOVAL SERVICE
Lessor shall, at all times, ensure adequate trash removal services be provided for the
Premises.
6. WATER SERVICE
Lessor shall ensure that, at all times, an adequate supply of potable water, supplied at the
correct temperature, is available to the Premises and Common Facilities on a twenty-four
(24) hour per day, seven (7) day per week basis. Lessor's obligation under this Lease
shall include: (i) providing adequate water service and water pressure throughout the
Premises, and the Common Facilities to meet all codes, regulations, or laws concerning
the provision of water; (ii) providing hot water service up to 110 degrees Fahrenheit at all
the Premises and Common Facilities lavatory and lounge faucets; and (iii) providing
CCSF.B5.11D, Rev. 02/2001
D-2
37
clean, potable water which meets all codes, regulations, and laws governing the same to
all faucets throughout the Premises and Common Facilities.
7. LIGHTING
Lessor shall ensure and maintain the minimum lighting levels in the Premises and
Common Facilities, as set forth below. Lessor's obligations shall include replacing and
repairing all light fixtures, light bulbs, fluorescent tubes, or ballasts, as necessary. A
combination of general lighting and task lighting may be supplied by the Lessor to meet
the minimum lighting levels set forth in this section. The minimum lighting levels to be
maintained by Lessor throughout the facility are as follows:
A. Office areas set off with full-height partitions:
50:t 10 foot candles at desk tops
15 :t 5 foot candles elsewhere
B. Open office areas:
50:t 10 foot candles at desk tops
15 :t 5 foot candles elsewhere
C. Corridors and public areas:
15 :t 5 foot candles throughout
D. Restrooms:
15 :t 5 foot candles throughout
E. Exterior (immediately surrounding the Premises):
0.25 foot candles
F. Parking areas:
0.25 foot candles throughout
8. ROOF
Lessor shall provide a weather-tight, leak-proof roof throughout the Term of this Lease or
any extension of the Term of this Lease.
CCSF.SS.1LD, Rev. 02/2001
D-3
t.. .'
37
9. CUSTODIAL CLEANING SPECIFICATIONS
GENERAL
A. Lessor shall maintain the Premises at a high standard of cleanliness. These
specifications are intended to indicate an acceptable level of service. Cleaning
frequencies set forth are meant to be general guidelines; they are not to be
construed as complete. All items not specifically included but found to be
necessary to properly clean the buildings shall be included as though written in
these specifications.
B. The ternl "clean" means removal of trash, dirt, lint, marks, stains, spots, odors,
film (dirt, grease etc.) -
C. Lessor shall be responsible for instructing cleaning contractors or employees in
safety measures considered appropriate. Personnel will not place or use mops,
brooms, or any equipment in traffic areas or other location in such a manner as to
create safety hazards. The workers shall provide, place and remove appropriate
warning signs for wet or slippery floor areas caused by cleaning or floor finishing
operations. General safety requirements shall be complicd with in all activities
under this contract.
D. Unless otherwise specified, all work is to be performed between the hours of 6:00
p.m. and I :00 a.m., Monday through Friday of each week, except holidays. A list
of holidays will be furnished by the County.
E. All custodial work shall be performed consistent with a Class A office property to
BOMA standards.
F. All supplies shall be furnished consistent with a Class A office property by Lessor
or Lessor's contractor.
G. All lights are to be extinguished and doors and windows securely locked each
night after cleaning is completed.
OFFICE AREAS - DAILY (5 DAYS PER WEEK)
A. Empty and clean, by wiping out, all waste receptacles, removing waste to a
designated central location for disposal.
B. Hand dust and/or damp wipe all counters and other office furnishings, such as, but
not limited to, desks, chairs, tables, lamps, file cabinets and telephones.
C. Hand dust and/or damp wipe all ledges and flat surfaces below 72" from floor.
CCSF.8S.11D, Rev. 02/2001
D-4
37
D. Remove all finger marks, smudges and other marks around light switches, door
knobs, metal partitions and corridor walls.
E. Wash, sanitize and polish all water coolers.
F. Wipe clean all chrome, aluminum, stainless steel and other metal trim, such as but
not limited to, push plates, kick plates, door handles and railings.
G. Dry wipe all chalk boards with chamois and vacuum chalk dust, chalk tray and
erasers.
H. Wet mop all resilient tile floor surfaces.
1. Sweep all stairways.
J. Vacuum traffic areas of all carpets and rugs and spot clean carpets as necessary.
K. Pick up papers, leaves, trash and other loose material outside stairways, entrance
ways (from door to street and/or parking lot), and patios.
1. Clean entrance glass (entrance glass includes: glass doors, windows, window
frames and reception area partitions).
M. Clean and wipe dry all sinks or basins and polish metal fixtures.
N. Upon completion of work, replace all fumiture, wastepaper baskets, etc., and be
sure each office is left neat and orderly. Clean all sinks.
O. Report all damaged shades, blinds, broken windows and other similar items noted
while cleaning.
OFFICE AREAS - WEEKLY
A. Dust all baseboards, picture frames and vertical surfaces of all office furniture.
Dust all molding, ledges, tops of partitions, trim, ventilators, louvers and light
fixtures above 72".
B. Vacuum upholstered furniture.
C. Vacuum all carpeted areas completely and spot clean as necessary.
D. Damp mop all resilient tile and wood floor areas, including stairs.
E. Spray buff all resilient tile areas. Sweep and/or damp mop after spray buffing.
F. Clean all inside glass partitions.
CCSF.85.110, Rev. 02/2001
0-5
."
37
G. Clean and polish all metal entrance doors and janlbs.
OFFICE AREAS - MONTHLY
A. Scrub all resilient tile floors and stairs. Apply new floor finish as needed and
polish floors.
B. Dust all wood paneling.
OFFICE AREAS - OUARTERL Y
A. Clean all windows, outside and inside.
B. Polish all wood furniture and wood paneling.
C. Dust all wall surfaces. .
D. Dust exposed piping and overhead, exposed mechanical equipment.
E. Spot clean and shampoo all carpets.
OFFICE AREAS - ANNUALLY
A. Strip all floor finish and lay two coats of new finish.
RESTROOMS - DAILY (5 days per week)
A. Empty all disposal receptacles and clean inside when necessary.
B. Sweep floor.
C. Fill all paper and soap dispensers.
D. Clean with germicidal detergent all toilets and urinals, inside and outside,
including seats. Clean and polish all flushmeters and pipings.
E. Clean all wash basins and wipe dry. Clean and polish all basin fixtures and
exposed pipes underneath.
F. Clean all mirrors, shelves under mirrors, and other shelves or brackets.
G. Spot clean partitions, doors, and wall areas as needed. Wipe clean all dispensers
and receptacles.
H. Damp mop floor using germicidal detergent. Wet mop if ceramic tile or terrazzo.
CCSF.85.110, Rev. 02/2001
0-6
37
RESTROOMS - WEEKLY
A. Clean inside of toilets and urinals using bowl cleaner. Be sure all scale and
deposits are removed, especially under the lip of the bowl.
B. Serub floor using germicidal detergent.
C. Pour one gallon of water containing two ounces of germicidal detergent down
floor drain.
D. If floor is resilient tile, spray buff to restore finish. Apply new coal of finish when
necessary.
E. Dust all partition and door tops and ventilation louvers.
RESTROOMS - WHEN NECESSARY
A. Strip tile floors and apply two coats of floor finish.
B. Rcmove old seal and reseal ceramic tile floors.
11. MAIL DELIVERY STANDARD
Lessor shall ensure that U.S. Mail delivery point, and access to it, will be identical, and
available Monday through Saturday. This standard is rcquired by U.S. Postal Service
regulations.
12. SERVICES NOT TO BE PERFORMED BY LESSOR
Notwitllstanding anything to the contrary contained in this Lease, Lessor shall not be
required to furnish any of the following services: (a) maintenance or repair to automatic
door openers, card access openers or key access readers; (b) maintenance or repair to any
County equipment including computers, phone systems, copiers, fax machines, postage
machines, or other similar equipment; (c) maintenance or repair to any security systems
for the Premises; (d) any graffiti removal from the Premises or from the Common
Facilities located on the same floor as the Premises; or (e) any repair or replacement of
County signage for the Premises.
Moreover, notwithstanding anything to the contrary contained in this Lease, Lessor shall
not be required to furnish any of the following services if arising as a result of any
affirmative act or omission by County: (a) drywall repair; (b) carpet repair; (c) interior
plumbing repair due to clogs or blockages of pipes; (d) interior glass repair (exclusive of
Building exterior glass); or (e) doorway or hardware repair.
CCSF.85.11D. Rev. 02/2001
D-7
r)f
37
SCHEDULE "1" TO EXHmIT "D"
CUSTODlALSECURTfY
This schedule shall be applicable for all contracted custodial services to all County
departments involved in criminal justice activities, such as District Attorney, Probation, Public
Defender, Alternate Public Defender, Alternate Defense Counsel, County Counsel, Social
Services, Sheriff, MarshaIl, Superior Court and Municipal Court.
1. Persons Providing Services Under A Contract All persons providing services to County
Criminal justice facilities including employees, supervisors, managers, proprietors and
independent contractors must be reasonably acceptable to the County. For purposes of
this section, the term "persons providing services under a contract" shall also include
anyone who performs duties under a contract and or any person who will have more than
public access to County facilities.
2. Reasonable Acceotabilitv Will Be Determined Bv:
A. Background investigation.
B. County's previous experience with the individual (if applicable).
3. Background Investigation. All persons providing services under a contract must undergo
a County conducted background investigation as part of the process to determine
reasonable acceptability. The background check shall include those criteria required of
all personnel who have access by (i) criminal offender record information, or (ii) the
computer system, its terminals, or the stored information in the computer system, to
undergo background checks, as required by Title II, Sections 703 and 707, at the
California Code of Regulations.
A. For each person employed under a contract the County requires a completed and
signed Security Clearance Investigation fornI, a copy of the individual's valid
California driver's licenses or California Identification Card, a copy of the
employees Social Security card and four (4) color passport photographs (2" X 1
1/2").
B. Background investigations will take no less than fourteen (14) business days from
receipt of reasonably acceptable applications (applications completed in their
entirety shall be deemed acceptable).
C. The following specific clearance process is required of Courts and related
facilities, Sheriff's facilities, Animal Control Offices, Probation facilities,
Detention facilities and Health and Human Services Agency Offices:
Two (2) sets of fingerprint cards in addition to the Security Clearance
Investigation information. Checks in the amount of thirty-fi.ve d~Ilars
($35.00) made payable to the California Department of Justice will be
CCSF.BS.11D, Rev. 02/2001
D-8
37
required with fingerprint cards for each custodian. Checks are to be
attached individually to each custodian's clearance package at the time of
submittal to the County. The cost of this process is established by the
State of California and is subject to change.
D. The Lessor shall be notified of the reasonable acceptability of individuals
providing services by the delivery of a County-issued Identification Card.
E. In cases where an individual providing services is deemed unacceptable, the
Lessor will be notified that the employee has been found unacceptable.
4. Countv-Issued Identification Cards.
A. County-issued Identification Cards shall be worn at all times during the
performance of duties. The purpose of the card is to immediately identify the
wearer as an individual who is authorized to enter County facilities and perform
duties under a County Lease.
B. County-issued Identification Cards shall be for the exclusive use of the individual
named and pictured on the card.
C. County-issued Identification Cards shall remain the property of the County and
are returnable upon demand or upon the expiration or earlier termination of this
Lease.
D. Lessor shall assume all responsibility for employee or vendor use of and return of
County-issued Identification Cards. The Lessor will be assessed one hundred
dollars ($100.00) for each County-issued Identification Card not returned. Upon
the expiration or earlier termination of the Lease, final payment of the Base
Monthly Rent \vill be withheld until all County-issued Identification Cards are
accounted for or are reported lost by Lessor.
5. Kevs for Count v Facilities. The kcys to County facilities shall be used only for the
purpose of providing access to the Premises for the performance of contracted services
only. Unauthorized duplication of keys to County facilities is a misdemeanor under
Chapter 3, Section 469 of the California Standard Penal Code.
6. Access to County Facilities. Only those individuals who have been determined
reasonably acceptable, who have received their County-issued Identification Card, and
who have been designated by the Lessor as an approved vendor that will be providing
service to the facility and will have access to the Premises.e
CCSF.85.11D, Rev. 02/2001
D-9
,.,,1" lo
37
EXHIBIT "F"
RULES AND REGULATIONS
County shall comply with the following Rules and Regulations. If Lessor acts reasonably
and in good faith in enforcing them, Lessor shall not be responsible County for the failure of any
other tenant or occupant of the Building to comply with any of these Rules and Regulations.
1. Locks: Kevs. County shall not alter any lock or install any new or additional
locks or bolts on any doors or windows of the Premises without obtaining Lessor's prior written
consent. County shall bear the cost of any lock changes or repairs required by County. Two
keys shall be furnished by Lessor for the Premises, and any additional keys required by County
must be obtained from Lessor at a reasonable cost to be established by Lessor.
2. Doors ODeninl! to Public Corridors. All doors opening to public corridors must
be kept closed at all times except for normal ingress to and egress from the Premises.
3. Securinl! Doors: Admission to Building. Lessor reserves the right to close and
keep locked all entrance and exit doors of the Building during the hours that comparable
buildings are customarily closed and locked. When departing after the Building's normal
business hours, County and County's employees and agents must be sure that the doors to the
Building are securely closed and locked. Any person, including County and County's employees
and agents, who enters or leaves the Building at any time when it is locked or at any time
considered to be after the Building's normal business hours, may be required to sign the Building
register. Access to the Building may be refused unless the person seeking access has proper
identification or has previously arranged a pass for access to the Building. Lessor and its agents
shall not be liable for damages for any error concerning the admission to, or exclusion from, the
Building of any person. Lessor reserves the right, in the event of invasion, Property during the
continuance of that event by any means it considers appropriate for the safety and protection of
life and property.
4. Furniture, Frei2ht. and Equioment: Service Deliveries. No furniture, freight, or
equipment of any kind may be brought into the Building without prior notice to Lessor. All
moving activity into or out of the Building must be scheduled with Lessor and done only at the
time and in the manner designated by Lessor. No service deliveries (other than messenger
services) shall be allowed between the hours of 4 p.m. and 6 p.m., Monday through Friday.
Lessor may at any time restrict the elevators and areas of the Building into which messengers
may enter and may require that deliveries be left at the lobby security desk for pickup by County.
5. Heavv Objects. Lessor may prescribe the weight, size, and position of all safes
and other heavy property brought into the Building and the times and manner of moving those
items within and out of the Building. County shall not overload the floor of the Premises. If
considered necessary by Lessor, safes and other heavy objects must stand on supports that are
adequate to distribute the weight properly. Lessor shall not be responsible for loss of or damage
to any safe or property. Any damage to any part of the Building or to its contents, occupants, or
visitors caused by moving or maintaining any safe or other property referred to in this clause
shall be the sole responsibility and expense of County.
CCSF.85.11D. Rev. 04/99
F-l
37
6. Services Reauired bv County. Services required by County shall be attended to
only on application at the management office for the Project or at any other office location
designated by Lessor. Lessor's employees shall not perform any work or do anything outside
their regular duties unless under special instructions from Lessor.
7. No Disturbance of Other Occupants. County shall not disturb, solicit, or canvass
any occupant of the Building or Property and shall cooperate with Lessor and Lessor's agents to
prevent those actions.
8. Use of Restrooms: Responsibilitv for Damage. The restrooms, urinals, wash
bowls, and other apparatus shall not be used for any purpose other than that for which they were
constructed, and no foreign substance of any kind shall be thrown into them. The expense of any
breakage, stoppage, or damage resulting from violation of this rule shall be borne by the tenant
who caused, or whose employees or agents caused, the breakage, stoppage, or damage.
9. Restrictions on Defacement of Premises. County shall not mark, drive nails or
screws into, or drill into the partitions, woodwork, or plaster, or in any way deface the Premises
or any part of the Premises, without Lessor's prior written consent.
10. Permitted Machines. Except for vending machines intended for the sole use of
County's employees and invitees, no machines other than office machines of less than one
horsepower shall be installed, maintained, or operated on the Premises without Lessor's prior
written consent.
II. Inflammable or Comhustible Fluids or Materials. County shall not use, or kcep in
or on the Premises, Building, or Property, any kerosene, gasoline, or other inflammable or
combustible fluid or material.
12. Heating and Air-Conditioning. County shall not use any method of heating or air-
conditioning, other than that supplied by Lessor, without Lessor's prior written consent.
13. Foul or Noxious Gases or Substances: Noninterference With Others. County shall
not use or keep, or allow to be used or kept, any foul or noxious gas or substance in or on the
Premises. County shall not allow the Premises to be occupied or used in a manner causing noise,
odors, or vibrations that arc offensive or objectionable to Lessor or other occupants of the
Building or Property. County shall not interfere in any other manner with other tenants or those
having business in the Building or Property.
14. Animals. Birds. and Vehicles. County shall not bring into, or keep within, the
Premises, Building, or Property any animals (except dogs used for handicap purposes), birds, or
vehicles (e.g., bicycles). Bicycles may be kept in designated areas of the Property.
15. Cookinlr. No Use of Premises for Improper PUTDOses. No cooking shall be done
or permitted on the Premises, except that Underwriters' Laboratory (UL)-approved equipment
and microwave ovens may be used in the Premises for heating food and brewing coffee, tea, hot
chocolate, and similar beverages for employees and visitors. This use must be in accordance
with all applicable federal, state, and city laws, codes, ordinances, rules, and regulations. The
Premises shall not be used for the storage of merchandise, for lodging, or for any improper,
objectionable, or immoral purposes. .
CCSF.85.11D, Rev. 04/99
F-I
{.ll 10
37
16. Teleohone and Other Wires. County may not introduce telephone wires or other
wires into the Premises without first obtaining Lessor's approval of the method and location of
such introduction. No boring or cutting for telephone wires or other wires shall be allowed
without Lessor's prior written consent. The location oftelephones, call boxes, and other office
equipment affixed to the Premises shall be subject to Lessor's prior "'Titten approval.
17. Exclusion or Exoulsion. Lessor reserves the right to exclude or expel from the
Property any person who, in Lessor's judgment, is under the influence of alcohol or drugs or
commits any act in violation of any of these Rules and Regulations.
18. Loitering Prohibited. County and County's employees and agents shall not loiter
in or on the entrances, corridors, sidewalks, lobbies, halls, stairways, elevators, or common areas
for the purpose of smoking tobacco products or for any other purpose. County and County's
employees and agents shall not obstruct those areas but use them only as a means of ingress to
and egress from the Premises.
19. Oocration ofElectricitv. Water. and Air-Conditioning. County shall not waste
electricity, water, or air-conditioning and shall cooperate fully with Lessor to ensure the most
effective operation of the Building's heating and air-conditioning system. County shall not
adjust any controls of the heating and air-conditioning system.
20. Disoosal of Trash and Garbage. County shall store all trash and garbage within
the interior of the Premises. County shall not place or have placed in the trash boxes or
receptacles any matcrial that may not or cannot be disposed of in the ordinary and customary
manner of removing and disposing of trash in the vicinity of the Building. In disposing of trash
and garbage, County shall comply fully with any law or ordinance governing that disposal. All
trash, garbage, and refuse disposal shall be made only through entry-ways and elevators provided
for that purpose and shall be made only at times designated by Lessor.
21. Compliance With Safetv Regulations. County shall comply with all safety, fire
protection. and evacuation procedures and regulations established by Lessor or by any
govenunent agency.
22. Protection of Premises. County shall assume all responsibility, including keeping
doors locked ,md other means of entry to the Premises closed, for protecting the Premises from
theft, robbery, and pilferage.
23. Awnings. Curtains. and Electrical Ceiling Fixtures. No awnings or other
projection shall be attached to the outside walls of the Building without Lessor's prior ",Titteu
consent. No curtains, blinds, shades, or screens shall be attached to, hung in, or used in
connection with any ",indow or door of the Premises without Lessor's prior written consent. All
electrical ceiling fixtures hung in offices or spaces along the perimeter of the Building must be
fluorescent or of a quality, type, design, and bulb color approved by Lessor. County shall abide
by Lessor's regulations concerning the opening and closing of window coverings attached to
those windows, if any, in the Premises that have a \iew of any interior portion of the Building or
Building Common Areas.
24. Nonobstruction ofLi2:ht. County shall not cover or obstruct the sashes, sash
doors, skylights, windows, and doors that reflect or admit light and air into the halls,
CCSF.8S.110, Rev. 04/99
F-l
.
37
passageways, or other public places in the Building. County shall not place any bottles, parcels,
or other articles on the windowsills.
25. Provision ofInfonnation to COlll1tv's Emolovees. County shall comply with
requests by Lessor that COlll1ly infonn County's employees of items of importance to Lessor.
26. Hand Trucks and Similar EQuioment. Without Lessor's prior consent, County
shall not use, in any space or in the public halls of the Building, any hand trucks unless they are
equipped with rubber tires and side guards or similar equipment. COlll1ty shall not bring any
other vehicles of any kind into the Building.
27. Use of Buildinl!'s Name or Likeness. Without Lessor's prior written consent,
COlll1ly shall not use the Building's name or any photograph or other likeness of the Building in
connection with, or in promoting or advertising, County's business, except that COlll1ty may
include the Building's name in County's address.
28. Nontoxic Materials. All materials, fabrics, and products used in County's
furnishings, wall and floor coverings, and ceiling installations shall be nontoxic and subject to
the prior approval of Lessor's architect or engineer.
29. Rules Changes: Waivers. Lessor reserves the right at any time to change or
rescind anyone or more of these Rules and Regulations or to make any additional reasonable
Rules and Regulations that, in Lessor's judgment, may be necessary for:
(a) The management, safety, care, and cleanliness of the Premises,
Building, and Property;
(b) The preservation of good order; and
(c) The convenience of other occupants and tenants in the Premises,
Building, and Property.
Lessor may waive anyone or more of these Rules and Regulations for the benefit of any
particular tenants. No waiver by Lessor shall be construed as a waiver of those Rules and
Regulations in favor of any other tenant, and no waiver shall prevent Lessor from enforcing
those Rules or Regulations against any other tenant of the Property. County shall be considered
to have read these Rules and Regulations and to have agreed to abide by them as a condition of
County occupancy of the Premises.
CCSF.eS.l1D, Rev. 04/99
F-]
,
;.",' (.
37
EXHIBIT "G"
INSURANCE REOUIREMENTS
COUNTY'S INSURANCE OBLIGATIONS
County maintains a policy of All-Risk Insurance covering the County's personal property in the
Premises, including any fixtures or equi'pmcnt in the Premises owned by County. The County
utilizes a program of self-funding with regard to any liability it may incur for personal injury or
property damage arising out of its use or occupancy of the Premises.
LESSOR'S INSURANCE REQUIREMENTS
Without limiting Lessor's indemnification obligations to County under this Lease, Lessor shall
provide and maintain for the duration of this Lease, or as may be further required in this Lease,
insurance applying to the use and occupancy of the 'Building, the Common Facilities, if any, and
the Property, or any part of the Property, or any areas adjacent to the Property, and tbe business
operated by Lessor in the amounts and form set forth below. The cost of the insurance shall be
borne by the Lessor.
1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
A. Conunercial General Liability, Occurrence fonn, Insurance Services Oftice Form
CGOOO 1.
B. Property Insurance against all risk or special form perils, in an amount of ninety
percent (90.0%) of the full replacement cost of the Building, without deduction
for depreciation, including costs of demolition and debris removal. The policy or
policies of insurance shall include coverage for Lessor's merchandise, fixtures
owned by Lessor, any items identified in tillS Lease as improvements to the
Premises constructed or owned either by County or Lessor, and the personal
property of Lessor, its agents and employees.
2. Minimum Limits ofInsurance
Lessor shall maintain limits no less than:
A. Commercial General Liability including Premises, Operations, Products and
Completed Operations, Contractual Liability and Independent Contractors: One
million dollars ($1,000,000) per occurrence for bodily injury, personal injury and
property damage. The General Aggregate limit shall be two million dollars
($2,000,000) and shall be a Per Location Aggregate. Fire Damage Limit (Any
One Fire) three hundred thousand dollars ($300,000) and Medical Expense Limit
(Any One Person) five thousand dollars ($5,000).
CCSF.BS.110, Rev. 07/2001
G-!
(
37
B. Property: Full replacement cost with maximum ninety percent (90.0%)
coinsurance.
3. Deduetibles, Increased Premiums and Self-Insured Retentions
Any liability deductible, increased premium or self-insured retention" must be declared to
the County's Risk Manager. The property insurance deductible shall not exceed ten
thousand dollars ($10,000) per occurrence and shall be borne, along with increased
premiums by Lessor, except as provided by Section8.3(c) of this Lease.
4. Other Insurance Pro\isions
The general liability and property policy is to contain, or be endorsed to contain the
following provisions:
A. Additionallnsured Endorsement
Any general liability policy provided by Lessor shall contain an additional insured
endorsement applying coverage to the County of San Diego, the members of the
Board of Supervisors of the County and the officers, agents, employees and
volunteers of the County, individually and collectively.
B. Notice of Cancellation
Each required insurance policy shall be endorsed to state that coverage shall not
be canceled by the insurance company or Lessor, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has been given to
the County at the address shown in section of Lease entitled "Notices".
General Provisiolls
5. Qualifying Insurers
All required policies of insurance shall be issued by companies which have been
approved to do business in the State of California by the State Department of Insurance,
and which hold a current policy holder's alphabetic and financial size category rating of
not less than A-Vil according to the current Best's Key Rating guide.
6. Evidence of Insurance
Prior to the Commencement Date of this Lease, Lessor shall furnish the County with
copies of certificates of insurance and amendatory endorsements effecting coverage
required by this clause. Lessor shall furnish certified copies of the actual insurance
policies specified in this Lease, within thirty (30) days after the Commencement Date of
Lease. Thereafter, copies of renewal certificates and amendatory endorsements shall be
furnished to County within thirty (30) days of the expiration of the tenn of any required
CCSF.85.11D, Rev. 07/2001
0-2
.)i
37
[Add appropriate notary fonn for Lessor's type of entity]
STATEOFCALIFORNlA }
SS
COUNTY OF SAN DIEGO
On this _ day of , in the year _, before me, (here insert the name and
quality of the officer) personally appeared , personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person who executed this instrument as_
of the County of San Diego, a political subdivision of the State of
California, and acknowledged to me that such subdivision executed it.
WITNESS my hand and official seal.
(Name of title of officer)
By:
(Deputy)
(Name, Typed or Printed)
CCSF.6S.11D. Rev. 04/99
H-3
37
Schedule "1" to Exhibit "R"
Description of Propertv
Countv Premises: 24,853 square feet (rentable) on the fourth floor of the building located at
333 H Street, Chula Vista, California. [Assessor Parcel Numbers 568-450-42-00,568-450-45-
00, 568-450-60-00, 568-450-63-00, 568-450-65-00]
Lellal Description of Propcrtv:
DESCRIPTION
The PropertylBuiJding includes the real property described below, together with all
improvements located on the real property.
LEGAL DESCRIPTION OF LAND:
Parcel 2 of Parcel Map 18753, in the CityofChula Vista, County of San Diego, State of
California, filed in the Office of the County Recorder of said San Diego County July 16, 2001, as
Instrument No. 01 -0489323 of official records.
County's ParkiDl! Prh'i!el!es: Lessor shall provide to County, for County's non-exclusive use,
on a "first come, first served basis," eighty-six (86) unreserved parking spaces for County's non-
exclusive use as shown on Exhibit "A-I". County shall have the privilege to utilize reserved
parking at a maximum of 15 reserved parking spaces which may be made available to County for
the Term of the Lease or any extensions of this Lease, based on availability which is not
guaranteed by Lessor, at a rate of $70.00 per reserved space.
CCSF.85.11D, Rev. 04/99
H-4
.. 'it .~
37
RECORDED REQUEST OF DEPARTMENT
OF GENERAL SERVICES FOR THE BENEFIT
OF THE COUNTY OF SAN DIEGO
WHEN RECORDED, PLEASE RETURN
THIS INSTRUMENT TO:
(MAIL STATION 0-200)
County of San Diego
General Services Department
Acquisition Leasing Section
5555 Overland Avenue, Suite 2900
Building 2
San Diego, CA 92123
Attention:
SPACE ABOVE FOR RECORDER'S USE
ONLY
MEI\IOR-\NDUM OF LEASE
NO TRANSFER TAX DUE
APN: 568-450-42-00
568-450-45-00
568-450-60-00
568-450-63-00
568-450-65-00
I. Grant. Lessor grants to County a leasehold estate in the Premises in accordance
with the terms, covenants and conditions of the Lease.
2. Term. The term of the Lease is eighty-four (84 ) months, with a Commencement
Date and an expiration date as provided in the Lease subject to County's renewal rights as
provided in the Lease.
3. Filing. A copy of the Lease is on file with County at the address set forth above.
4. Options to Extend. So long as County is not in default of its obligation under the
Lease, the Lease provides that County shall have options to extend the term of the Lease for two
(2) consecutive periods offive (5) years each.
1
37
6. Summary. This Memorandum of Lease does not include all the terms, covenants
and conditions of the Lease. The provisions of this Memorandum of Lease shall not be used in
interpreting the tenns, covenants and conditions of the Lease and shall not be deemed to modifY
or otherwise change any of the tenns, covenants or conditions of the Lease. In the event of a
conflict between the Lease and this Memorandum of Lease, the terms, covenants and conditions
of the Lease shall control.
IN ,VITNESS WHEREOF, Lessor and Counly have executed this Memorandum of Lease
as of the_ day of ,2007.
"LESSOR"
GA TEW A Y CHULA VISTA 2, LLC,
a California limited liability company
By: Coast Pacific P 'es, LLC,
'CoIifumlli [j . '" U""'C' ~.. '
ChaIrman Mager .
By: - -- -"""'= ,
James V. Pieri,
I\1anaging Member
By: Chula Vista Asset Management, LLC,
A California limited liability company,
Manager
D.
By:
"COUNTY"
By:
The County of San Diego, a political subdivision of
the State of California
,,/ /
~~4g7....",,"~~ .
APRIL F. HEINZE, P.E.~irector
Department of General Services
CCSF.SS.IID, Rev, 04/99
-2-
. J. ~
37
STATE OF CA-l./r~tt-""IA )
) ss
COUNTY C;; A IV !) I ez.,-.;, )
On rlPl"l. t..-l- I 1-a:)( , before me, ~VY\^ ~ L",~ h $ "" personally
appeared -:r-" ~... s \). PICI2- ~ , personally known to me (er preuss Ie IRe
eR tRe t>~~jo Of [?\isf3Gter:; 8'qg~g~c) to be the persoI#whose name(&) is/afe-i;ubscribed to the
within instrument and acknowledged to me that hcl&I:Je/thcy executed the same in hislflet;lt\:i~ir
authorized capacity(.i@a1 and that by his/her/thdl signature(1t}- on the instrument the personEe:) or
the entity upon behalf of which the person(s) acted, executed the instrument.
-~. C 1Ii0MA$ LffAxsoN
g .~_.' . No::Vm~~" 1426172
. . """" . CllIHomIa ~
. Myc"::~c~ !
. "PIre. Jul2J. 200
WITNESS my hand and official seal.
~~~ -
My Commission Expires: '7 - 1.3 - 07
P:\7\781O\58650\Fonn FilelJ\JURA T\Jurat.doc
37
STATE OF
Gk1 ,l~lf>
\ n<; AJ <;'ili,,,
)
) ss
)
COUNTY
On ftAt('A:! "2-1,7CO+-. before me, )TI\-C\~l' K.vJC'I-,D personally
appeared i,) . (,/lC 0,->,-~,-rr , person lly known to me (or proved to me
on the basis of satisfactory e 'idence) to be the person(s) whose name(s) Is/are subscnbed to the
within instrument and acknowledged to me that he/she/they executed the same in hislher/their
authorized eapacity(ies) and that by hislher/their signature(s) on the instrument the person(s) or
the entity upon behalf of which the person(s) acted, executed the instrument.
P:\7\78I 0\58650\FolUl FilelJ\JURA T\Juratdoc
r----------....r
STACY R. kiNCAID <.
- ~''''."'K-''''... e~
~ tOS ANGElES COUNTY , .... . 2:
j COMMISSION' 1542737 " .. ,
MYCOMM. EXPIRES JAN. 8. 2009 .
~----------
NOTARIZE
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37
[Add appropriate notary form for Lessor's type of entity]
STATE OF CALIFORNIA
SS
COUNTY OF SAN DIEGO
On this _ day of , in the year _, before me, (here insert the name and
quality of the officer) personally appeared , personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person who executed this instrument as_
of the County of San Diego, a political subdivision of the State of
California, and acknowledged to me that such subdivision executed it.
WITNESS my hand and official seal.
(Name of title of officer)
By:
(Deputy)
(Name, Typed or Printed)
3
37
Description of Property
County Premises: 24,853 square feet (rentable) on the fourth floor of the building located at
333 H Street, Chula Vista, California. [Assessor Parcel Numbers 568-450-42-00, 568-450-45-
00, 568-450-60-00, 568-450-63-00, 568-450-65-00]
Lel!al Description of Property:
DESCRIPTION
The Property/Building includes the real property described below, together with all
improvements located on the real property.
LEGAL DESCRIPTION OF LAND:
Parcel 2 of Parcel Map 18753, in the CityofChula Vista, County of San Diego, State of
California, filed in the Office of the County Recorder of said San Diego County July 16, 2001, as
Instrument No. 01 -0489323 of official records.
County's Parkin!! Privile!!es: Lessor shall provide to County, for Coullty's non-exclusive use,
on a "first come, first served basis," eighty-six (86) urueserved parking spaces for County's non-
exclusive use as shown on Exhibit "A-I". County shall have the privilege to utilize reserved
parking at a maximum of 15 reserved parking spaces which may be made available to County for
the Term of the Lease or any extensions of this Lease, based on availability which is not
guaranteed by Lessor, at a rate of $70.00 per reserved space.
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January 15 ...
January 21
8:00am
9:30am
___------.t!pndav, January I.5.
8:30am MARTIN LlfrnER KING HOLlDAY
4:30pm Clly Manager candidate Interviews
Tue.da Janua 16
10:00am 1l:30am Ann Hlx, Acting Comm Dev DIrector (Ms. Hlx'. Office)
1L30am 12:00pm Lour. .1adlgan Re University Briefing (Mayor's Office)
2:00pm 3:30pm Jim Sandoval (Sandoval'. Office)
3:30pm 4:00pm Jolln Riess (Mayor's or~ce)
4:30pm 5:00pm CV Elementary School Groundbreaklng - Otay Ranch
Village 7 (Magdalena Ave, Peabody Way)
6:00pm 8:00pm Council Meeting
Wednesday,J_anuarv J
1D:OOam 12:00pm Notlce of Intent to Modify Venue Boundary Mtg.
(South Bay Courtl1ouse)
10:00am W:30am 'Publlc Safety SlIbCommlttee(Steve&Rudy)
1 :OOpm 2:00pm Jim Pieri 0
2:00pm 3:30pm Scott Tulloch (Tulloch's Office) . !
3:30pm 4:00pm LauMe Madigan Re: PoWer Plant Workshop (Mayor's
Office)
4:00pm 4:30pm CVEA BOARD MEETING (Conf Rm C106)
6:00pm 7:00pm San Diogo Chargers SubCommittee Mtg (executive
Conference ROOm)
378
J,-muary 2007
SMTWTFS
-TYTTs -6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 21. 23 24 25 26 27
28 29 30 31
February 2007
5l'-'lTWfFS
- '''-''-'1 i"j
4 5 6 7 8 9 10
1112 13 1.4 15 16 17
18 19 20 21 7.2 23 24
25 26 27 28
...___.. .._' .... Thursday,)anuarv 1
9:00am 10:00am Goodrich .ltg w/ Staubach Company, Gordon Carrier,
Lourie Madigan (CCR)
10:00am 10:30am Greg Matson, TAVA President (Mayor's Office)
11:00am 11:30am Denny StOM Re: Marco Limandri, UnlVetSily (Mayor's
Omce)
2:00pm 3:30pm Mary Vonables (Mayor's Office)
4:00pm 6:00pm Councll/Polt of San Diego Joint Worksllop (Council
Chambers)
5:30pm 7:30pm Cllamber Mixer (Googins' Office, 344 F Street, #100)
6:45pn1 7:15pm 'SW CV Civic Association (8oys & Girl. Club, 333
Oxford)
Frldav. January 19
8:30am 9:30am Hooper Knowlton 1Il & Denny Stone (Mayor's Office)
10:00am 10:30am Panera Bread RibboncuLt1ng (2015 Birch Road)
17.:00pm 1:30pm Paul Borden & CUrt Noland (Romesco)
2:30pm 4:00pm Malin Burnham & Denny Stone, Lee Kerschner
(Mayor's Office)
1:30pm
_ Saturday. January 2
3:30pm Gerry Laxson/Community care Team for SoBay (CV
ovlc Center Library)
9:00pm Bonita Business Association Installation Dinner (SDCC)
6:30pm
. . SlIndeY,),M\J.'l.tY.l1
'1/1.11/70074: 1 Ii PM
38
GATEWAY
CI1Y OF CHUl.A VISTA,
HOUSING CONF ROOM
."_........._,.,........,,,.,,.._._.,_....._...,._~.~-------~~--_._-_....-..-.....-..._.......,,_______.._.____H'.._~_._ -
r .'N'l'TE....
,V'11 . ) t -)
JANUARY 23, 2007
10:00 TO 11:00
XfTENOfES
Jim Pieri
Gatew ay
Eric Crockett
City Of Chula Vista
Ann Hix, Communiry Development
Er ic Crockett, Community Deve\opment
Ken lee, ComMunity Development
Diem 00, Community Developn'\(~nt
Developer
Jim Pieri, Mountain West
Don Kramer, Mountain Wesl
....ji'.HI~C CAU.lD B\
fYP( m. ,\H:E'!lMC
f,l.,(.-liJ"f!\lOll
Agenda Topics
--------^---'-""'",...-"...~~---_.""'-
TOPIC NO. 1 Phase \1\ Request
. The formal request for additional square footage was submitted January 22, 2007. Should the
request be approved, Phase III 'will be 7 SlOries and total approximately 155,000 sf.
. Timing for design of Phase 111 is critical. Anticipated constru(1ion could cnrmnence in July or August of
2007 with build-out in 18 months. Design needs to begin as soon as possible but is anticipated to
require certain modifications to the original site plans.
-------.--.-...----..-.--..-..-----
TOPIC NO.2 Modifications to Gateway Development
Developer requested consideration of the following modifir.atiOllS:
. Allow annexation of 'MorgM' property into Gateway. City indicated thiS action would require an
amendment to the Specific Plan and potentially the ODA.
. The addition of the Morgan p<operty into the Specific Plan would allow additional underground parking
spaces to be constructed during Phase III.
. The addition of the Morgan property into the Specific Plan would allow the potential for an additional
office building of approximately 55,000 sf to be built after completion of Gateway Phase III.
. Eliminate restaurant requirement in Phase II due to lack of necessary demographies to support it. Staff
supports the removal of this requirement to allow the space to be occupied and awee that the
demographics will not support a dass "A' restaurant on site.
. Remove interior side yard setback requirement to allow the future expansion of a new office building on
the Morgan site.
. Developer indicated that the District Attorney requires that a pedestrian bridge be constructed belweell
the Phase III building and the courthouse.
. The bridge would be a required by the DA if they were to occupy additional space within Phase Ill.
. The reason indicated for the bridge was security associated with transporting documents to and from the
courthouse.
. The Developer indicated thai the cost of constructing the bridge would be an importal\l issue for
_ G~eway and the County, The construction costs are estimated at $2 million,
TOPIC NO.3 Other Discussion Items
. Concept of roof top restaurant in Phase \II would require 8" floor, which would exceed the Specific
Plan height limit of 100'. Additionally, the permitting process and design is time consuming and
costly. Therefore, this option does not appear to be viable at this time.
. The Developer has been in diScussion with the school'district for seYl!fal years regarding their proposal
to construc.t administrative offices, but the school district has not demonstrated a desire 10 move
~_.~~~iS concept would require the Agency to acquire Edward Artns. -----
---,_.,.~-,-_.....--~---
P(RSON R[:;r>O!\lSIa-ti:
DE.ADllt..:f
A~~!CNi\'W'l1"':-
Provide timeline lor Specific Plan and ODA Amendments
Diem Do
"111/07
.------_._._-,_._---_..~.-,----~._---~'---_._<----"---~-----._......_._---~
Nf.:l(f I\.I~FH:-IG
: None scheduled
~~.~-----------------'--
edevelopment cOrp9r~ftionls board to be reca~i \ Elected officials will be... .http://pqa.~b.pqarchiver.com/sandiego-sub/acceSS/l~J I JU I"-t:V ~ .H~U'" .."........
40
Redevelopment corporation's board to be recast I Elected officials will be replaced
[R Edition}
The San Diego Union. Tribune. San Diego, Cellf
Author: Tanya Mannes
Date: Apr 18, 2001
Start Page: 8.4
Section: LOCAL
Text Word Count: 509
Document Text
C~IULA VISTA __ Chula Vista officials will restruclure the city's two-year-old redevelopment corporation with the goal of
making it more effective by removing elecled officials from its board of directors.
The C~y Council established the O.ula Vista Redevelopment Corp. In June 2005 as a way to streamline approval for
urban projects. Initially, It was governed by a nine-member board of four members appointed by the City Council and the
five council members.
The appointed members were selected for their development expertise, Under changes approved last month, the
elected officials will be replaced with five appointed members with expertise In real estate finance, law and development;
architecture; land use: education; urban design and environmental law. The new members must live in Chula Vista.
The change wiW make the eVRC more like San Diego's Centre City Development Corp" the downtown redevelopment
arm. No council members serve on its board.
Mayor Cheryl Cox and Councilman Jerry Rindone, who the council designated In December to work on CVRC Issues,
recommended the change. The CVRC board unanimously approved ~ March 22, after a four-hour debate,
"We will have people who have expertIse in redevelopment helping to form some of the business decisions regarding
redevelopment," Cox said April 4. "They will do much of the in-depth work and propose it as a complete project to the
council. II
The CVRC's mission is to redevelop blighted and vacant areas in w,!st Chula Vista with new businesses and homes. To
date, It has produced few tangible results, other than a 24 Hour Fitness gym that's opening on Ttllrd Avenue, replacing a
boarded-up theater.
Cox said that In three years, the council will review the CVRC'S progress to see if the restructuring is paying off,
Since its formation, the CVRe has struggled to gain the public's trust. Its board members were criticized for accepting
stipends.- the mayor received $1,500 a month; all other members received $750 a month - for eight months, even
though the board had never met. The council iater voted to eliminate the stipends,
Others complained that forming the CVRC limited public Input on projectS. The CVRC bypasses the city's three
traditional forums for public review: the Design Review Commission, the Resource COnservation Commission and the
Planning Commission.
To address those concems, In July 2006, the City Council created a Redeveiopment Mvisory Committee to advise the
CVRC, Commun~y groups, such as Crossroads 11, appoint members to the committee.
Councilmen Rudy Ramirez and Steve Castaneda had suggested dissolving the CVRC and returning redevelopment
decIsions to the City Council in its capacity as the Redevelopment Agency, Both uttlmately voted to restructure the
board rather than eliminate Itle corporation altogether.
"We're giving tham an opportuntty to do it in a way they believe tan be effective," Ramirez said.
The CVRC also voted to indefinitely postpone a head.hunting search for a chief executive officer to heed the
corporation, The city manager will designate an existing staff member to direct the CVRC. The city will save about
$350,000 a year by not hiring a CEO, Cox said,
Credit: STAFF WRITER
Reproduced wtth permissiOn of the COpyright owner. Further reproduction Or distribution is prOhlbtted without pem'lISStol1.
Abstract (Document Summary)
Mayor Cheryl Cox and Councilman Jerry Rindone, who the council designated in December to work on CVRC issUes,
re(.'Ommended the change, The CVRC board unanimously approved ~ March 22, after a four-hour debate.
Others complained that forming the CVRC limIted public Input on projects. The eVRC bypasses the city's three
8/16/2007 1 \ :20
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xievelopment COlpCfrationts board to be re,e3.st I hlectetl ottlclal:':> WUI UI;;,.. llHp,IIl-''-I~l"",.p':1'''''' "..,..
40
traditional forums for public review: the Design Review Commission, the Resource Conservation Commission and the
,Planning Commission.
The eVRe also voted to indefinitely postpone a head-hunting search for a chief executive officer to head the
corpol'stlon. The ctty manager will designate an existing staff member to direct tha CVRC The city will saVe about
$350,000 a year by not hiring a CEO, Cox said.
Reproduced wittl permission of the copyright owner. Further reproduction or distribution is prohibited without permission.
201'2
&/16/2007 11:20 AM
......._--,.,,----,--~.__.."_..,_....~.-
41
NED A. ARDAGNA, ESQ.
LAWOFFICE OF NEDARDAGNA
May 9, 2007
VIA FIRST CLASS U.S. MAIL
& CERTIFIED MAIL RETURN RECEIPT
City of Chula Vista
City Clerk's Office
276 4th Avenue
Chula Vista, CA 91910
Re: Public Records Act Request / Government Code &6251 et seQ
Dear City Clerk:
Please be aware that this law office represents the Ms. Jackie Lancaster, a resident of the City
of Chula Vista and a United States citizen with respect to the above described matter. I am writing to
you on her behalf.
This letter is a request for government records pursuant to the California Public Records Act,
Government Code 96251 et seq.("Public Records Act").
The term "RECORDS" except as otherwise specified hereinafter includes all documents.
letters. memoranda. written notes of telephone calls or meetings. calendars. staffpapers. reports, site
plans, facsimile messages. email messages. internal memoranda and any other recorded or graphic
material.
I hereby request the following RECORDS:
1. RECORDS evidencing or relating to connnunications, during the period December 1,
2006 through the present, between Mr. Jim Pieri and/or representatives of Mountainwest Realty and
any of the following departments of the City of Chula Vista or persons:
a. Mayor Cox and/or any of the mayor's staff;
b. Councilman Rindone and/or any of his staff members;
c. Councilman Castaneda and/or any of his staff members;
d. Councilman McCann and/or any of his staff members;
e. Councilman Ramirez and/or any of his staffmembers;
f. Anne Hicks and/or any of her staff members;
571 THIRDAvENUE, CHULA VISTA, CALIFORNIA 91910,
TEL: (619) 498-3886 FAX: (619) 872-0769 EMAlL: ned@Jawyer.com
41
City ofChula Vista
City Clerk's Office
Public Records Act Request
May 9, 2007
Page 2
g.
h.
1.
of its staff members;
J.
k.
members; and
L
Jim Thompson, and/or any of his staff members;
Dana Smith and/or any of her staff members;
City of Chula Vista Community Development Department and/or any and all
The Redevelopment Advisory Committee and/or any and all of its members;
The Chula Vista Redevelopment Corporation and/or any and all of its
The Chula vista Redevelopment Agency and/or any and all of its members.
2. RECORDS evidencing or relating to communications during the period December I,
2006 through the present between Mr. Kevin O'Neil and any of the following departments of the City
of Chula Vista or persons:
a. Mayor Cox and/or any of the mayor's staff;
b. Councilman Rindone and/or any of his staffmembers;
c. Councilman Castaneda and/or any of his staff members;
d. Councilman McCann and/or any of his staff members;
e. Councilman Ramirez and/or any of his staff members;
f. Anne Hicks and/or any of her staff members;
g. Jim Thompson, and/or any of his staff members;
h. Dana Smith and/or any of her staff members;
1. City ofChula Vista Community Development Department and/or any and all
of its staff members;
J.
k.
members; and
L
The Redevelopment Advisory Committee and/or any and all of its members;
The Chula Vista Redevelopment Corporation and/or any and all of its
The Chula vista Redevelopment Agency and/or any and all of its members.
3. RECORDS evidencing or relating to communications during the period December I,
2006 through the present between Mr. Gordon Carrier and any ofthe following departments of the
City of Chula Vista or persons:
a. Mayor Cox and/or any ofthe mayor's staff;
b. Councilman Rindone and/or any of his staffmembers;
c. Councilman Castaneda and/or any of his staffmembers;
d. Councilman McCann and/or any of his staff members;
e. Councilman Ramirez and/or any of his staff members;
f. Anne Hicks and/or any of her staff members;
571 THIRDAvENUE, CHULA VISTA, CALIFORNIA 91910,
TEL: (619) 498-3886 FAX: (619) 872-0769 EMAIL: ned@lawyer.com
41
City ofChula Vista
City Clerk's Office
Public Records Act Request
May 9, 2007
Page 3
g.
h.
Jim Thompson, and/or any of his staff members;
Dana Smith and/or any of her staff members;
City of Chula Vista Community Development Department and/or any and all
1.
of its staff members;
J.
k.
members; and
1.
The Redevelopment Advisory Committee and/or any and all of its members;
The Chula Vista Redevelopment Corporation and/or any and all of its
The Chula vista Redevelopment Agency and/or any and all of its members.
As you well know, the Public Records Act provides that if some parts of the records are
exempt from release, then reasonably segregated portions shall be provided. I, therefore, request that
if you determine that some portions of the requested records are exempt, you provide me immediately
with a copy ofthe remainder of those records. I reserve the right to appeal any decision.
In the event that access is denied to any part of the requested records, please describe the
deleted material in detail and specifY the statutory basis for the denial, as well as your reasons for
believing that your interpretation of the statutory justification applied in this instance. Please
separately state your reasons for not invoking your discretionary powers to release any material in the
public interest. Such a statement will be helpful in deciding whether to appeal an adverse
determination. Such written justification will also help to avoid a waste of the taxpayers' money and
unnecessary litigation.
I am prepared to pay reasonable costs for reproducing the requested records. If you have any
questions regarding this request, please telephone me at (619) 498-3886.
I look forward to receiving a timely response to this request within the ten day time period
permitted by law.
Very truly yours,
Ned Ardagna
cc: Client
571 THIRD A VENUE, CHULA VISTA. CALIFORNIA 91910,
TEL: (619) 498-3886 FAX: (619) 872-0769 EMAIL: ned@Jawyer.com
rtaneda says -IlA probes are ploy !'Unsubstantiated charges; ne cJaumj." lHq..r.1I P'1~,,~qt'.,- ---
42
'Castaneda says DA probes are ploy I 'Unsubstantiated charges,' he claims
[R,e,S,F Edition]
The San Diego Union - Tribune - San Diego, Calit
Author: Tanya Marines
Date: May 12, 2007
Start Page: B, 1
Section: LOCAL
Text Word Count: 796
.....,.--,."-........-..,,... -...,-...-'''.,.....-.'..''
Document Text
CHULA VISTA-ChulaVlsti> CitY councilman steveC~$l$l1edasald yesterday that District Attorney Bonnie bumanis
investigated hlrnlhreetimes inth!> It,st year to try to foreehim to resign,
Castaheda'cbntendsthat Durnai,ls COflSplredwtth CI1Ula vista Mayor CherYl COx, hiS opponent in last year's election,
Castaneda hasn't stated an intention to challenge Cox in the next mayorai race, but many expect him to do so,
In a statement e-mailed to the media, Castaneda said Patrick O'Toole, who leads the Public integrity Unit at the District
Attorney's Office, began targeting him in March 2006ir, a "pblltii:al witClt hunt."
Castaneda said O'Toole Initiated three ihvestlgations of him <.1I1d sUbpbenaedhim three limes to testify before the
criminal grand jury regarding "completely unsubstantiated charges raised by polttlcal opponents with deep political
connections."
"I'm up for re-election In 2008, and I'm sure that the Coxes and their political allies would like nothing better than fo' me
to run wijh a cloud ove' my head or flat-out resign," Castanede said,
He said O'Toole recently bffe,ed him a choice: Step down from office immedlateiy or he would charge him wijh a felony,
Castaneda said his alIorney advised him not to comment further on the deal, including what the felony charge wouid be.
Castaneda said the lengthy, expensive process of fighting a felony charge would take a toll on his family's reputation
and hiS career - even ~ he prevailed in court,
''The DA knoWs this, and they are leveraging that reality in an attempt to achieve the political outcome they seek," he
said.
Castaneda said Dumanls Is part of the county's "old power structure" that includes Cheryl COx's husband, county
Supervisor Greg COx, WllO has budget authority over the District Atlomey's Office, he said.
O'Tooie declined to comment on Castaneda's allegations.
nWe don't comment on investigations or the status of grand jury matters," he said.
Dumanis also declined to comment, according to her spokesman, Paul Levikow.
Last year, Cheryl Cox and Castaneda ran in the Chula Vista mayoral primary in an eflol1 to unseat incumbent Mayor
Steve Padilla. Castaneda received 25 percent of the votes in the June 6 primary, which wasn't enough for him to
proceed to the runoff. Cox won in NovembeL
COx said yesterday that Castaneda's allegations came as a surprise.
"I don't know what he's talking about," she said,
She said she considers Castaneda a colleague, not a rival. and noted that both share the goal of demolishing the South
Bay Power Plant.
liThe ra<..'e with me and Steve was over in June," Cox said,
Castaneda saki O'Toole's three Investigations focused on an apartment that Castaneda rented for hiS wife in Sunbow
Villas; property that he purchased in 2005 with Chula Vista resident Henry Barros; and his role as a board member of
the Chula Vista Redevelopment Corp.
Castaneda has been a City Council member since 2004. H~ is a transportation and land~use consultant who was once
an aide to Ron Roberts, the former San Diego counci~man who ;5 how a county supervisor.
"' am not a wealthy man, and this pretense has cost me personally thousands of dollars in legal fees, not to say what It
has cost the taxpayers," Castaneda said,
He said he has spent $15,000 on attorney fees, and the city hi,ed council fb' him and other cijy olflclals who were forced
8/16/2007 11 :25 AM
10f2
---_.~.--_.,.---,-'"--_.,-,.._-,._"-----_.__.._...
.tarreda says DA probes are ploy I 'lInsubstanliated charges,' he claims
bttp:/lpqasb.pqm'chl vcr .GUUlJ MW.li"'&V-"'~'''' ~~~-_.~ -
42
to te$tify jn the investigations.
Shortly ~~er ~;sl!~fl9~n~O'lentwas sentolJt, Ca~ta~eda atte01~t~dt"r~rnove one. statement in it In a subsequent
e"01au,..!)\l..~~I~.m.~\\Ij~ry~'!I~..~le!iSElshOqld'oothM!i'st~~dllia\9'l",,)~ti)f.!i~tened..to..c;hargf> hllYl,'.wltha.felOny,'jf. h!;
didil't'resii!n,Tliii,..;nfotiUatlon.iStlUe,but'lf"may' Dedellmed.pdvilegiid,,,..Msald',
Dumanis established the Public Inlegrity Unit in eariy 2006 to root out public corruption Involving violations of state law
in San Diego County.
Last year, O'Toola began using tha county's criminal grand jury early in his investigations as a fact,flnding body. The
grand jury has the authority to Issue subpoenas, and witnesses testify under oath.
Prelliously in San Diego County, the climinal grand jury was presentiid with the results of a district attorney's
Investigation as a final stap in gatting an indictmant. Now the grand jury gats involved much ealiler, before prosacutors
have determined whather any crtme was committed.
O'Toola is a formerf<'idarai prosecutor who previously served as the U.S. attorney in San Diego. He developed the new
procedure based In part on the federai model and on procedures used in Los Angeles and Santa Clara counties, he
said.
The criminal grand jury has 19 members. A new group is convened every 30 days, selected by lot from the tliaHuror
pool. Jurors' klentltie. are kept confidential.
[Illustration]
2 PICS; Capllon: 1. Steve castanada 2. Patrick O'Toole
Credit: STAFF WRITER
Reproduced wIth pem'llss;on of the COpyright owner. Further reproduction 01' distribution Is prohIbited without permission.
Abstract (Document Summary)
[Steve Castaneda] said [Bonnie Dumanls] is part ofthe county's 'old power structure" tIlat includes [Cheryl Cox]'s
husband, county Supervisor Greg Cox, who hes budget authority over the District Attorney's Office, he said.
Castaneda said OFoole]'s three investigallolls focusad on en apartment that Castaneda rented for his wife in Sunbow
Villas; properly that he purchased in 2005 with Chula Vista resi<lent Henry Barros; and his role as a board member of
the Chuta Vista Redevelopment Corp.
Shortly aftar his announcement was sent out. Castaneda attempted to remove one statement in it. In a subsequent
e-mail, he saki that the news release should not have stated that O'Toole threatened to charge him witll a felony if he
didn~ resign. The Information is true, but it "may be deemed privileged: he said.
Reproduced wl1h permission of the copyright owner. Further reproduction or distribution ;s prohibited without permission_
8116120071\:25,
20f2
._-"-".._-,.._""'-_._-'_.~---.~.
43
Land-use activists await legal ruling on initiative
[E,S,F Edition]
The San Diego Union - Tribune - San Diego, Calif.
Date: May 17, 2007
Start Page: B.2
Section: LOCAL
Text Word Count: 172
Document Text
CHULA VISTA -- Organizers who coliected 20,000 signatures to force a public vote to lock in land-use rules say they
won't back down from a court chalienge.
The Chula Vista City Council delayed a decision Tuesday to place the initiative - which includes strict caps on building
heights - on the June 2008 balio!. The city wili first ask a Superior Court judge to rule whether the initiative is legal.
At issue is whether organizers met the legal requirement to publicize their petition drive. They placed an ad in La Prensa
San Diego, which isn't a Chula Vista newspaper.
Earl Jentz, a real estate investor who funded the petition drive, said the group wili recirculate its petitions.
"This way, regardless of the outcome of the city's legal chalienge to our citizen baliot measure, the people's voice wili be
heard, Jentz said.
Steve Haskins, an organizer, said the initiative is valid.
"The city's legal chalienge is a ploy, and the politicians are doing the bidding of their developer friends," Haskins said.
-T.M.
Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibi ted without permission.
Abstract (Document Summary)
"This way, regardless of the outcome of the city's legal challenge to our citizen baliot measure, the peopie's voice will be
heard, [Earl Jentz] said.
"The city's legal chalienge is a ploy, and the politicians are doing the bidding of their developer friends," [Steve Haskins]
said.
Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibi ted without permission.
http://pqasb.pqarchiver.com/san(llego~suDHH;ca;~ -141 J I VJ.VV' "ueu^, , .......~...
(\'s office move to free up needed courthouse space - SignOnSanDiego...
44
PA's office move to free up needed courthouse space
[IE,S,F Edition]
The San Diego Union' Tribune. San Diego, Cam.
Author: Ray Huard
Date: May 17, 2007
Start Page: 6.5
Section: LOCAL
lex! Word Count: 572
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Document Text
Editions vary.
CHULA VISTA u Relief may be on U'e wey for the crammed South Bay courthouse in Chula Viste.
oistriot Attorneyaannle Ourhal1is willrhove most of her South COUntY operation from the courthouse to e new office
buildlt\gacross thestreat In duly, said Pat McGrath, chief of the district attorney's South Bay division.
The move will free up a good chun~ of the third floor, which court officials hope to convert to desperately needed
courtrooms.
.Our court is just sO busy all the time." said South Bay Court Supervising Judge Robert J. Trentacosta.
The number of criminal felony. family law and civil cases involving olllim. for $25,000 or iess have soared by nearly 39
percent since 2004, Trentacosta said. He said civil cases for claimS of more than $25.000 have increased by 31.5
percent.
With the South Bay population on the rise. there's no end in sight. Irentacosta said.
The 25-year-oid courthouse is so Jammed that people wIIh cases pending oiten must wait in the hallways for their
lawyers to come fetch them when a judge cells their case.
.We are very much in need of getting the space," he said.
With the district attorney moving out, Trentacosta sald there would be room to add three to four courtrooms.
Blrt there's a catch, because the operation of the court building Is unsettied. said Superior Court executive director Mi~e
Roddy.
San Diego County owns lhe building, but a 2002 law requires that ownership of court buildings be turned over this year
to the state, Roddy said.
In Chula Vista, the matter is further complicated because the county also operates a jail in the courthouse. said court
esslstant executive officer Harold Kosa~off, who oversees the Chula Vista courthouse.
Ultimately, Roddy said, building ownership may be transferred to the state with the county retaining responsibility for
running il.
In the meanttme, Roddy said talks are ongoing with the r.ounty over how to best use the, freed-up space.
"Nothing's been decided yet: countY spo~eswoman Linda Miller said.
In addttion to new courtrooms, Roddy said mor" room is needed for the family law section of the court and advisers who
help people file smail-claims cases.
The district ettorney will retain a small office on the second floor of the courthouse, but most of the dillislon's operellons
will shi1t to offices on H Street at Third Avenlle, McGrath said.
lhe hewOffice$\III1l1 co$t $800.000 $ year, about $600,.000 more than the diMrict atlameywasspandihgto lea$e ih the
courthouse~ 'but-for twiCie the space, distl'lc.taltorney spokesman Paul Levlkow said,
'The move waS long overdue, with 30 lawyers and 48 office wo~ers crammed into space meant for half that many,
McGrath said.
Prosecutors have been sharing offices with little room to interview witnesses or crime victims in private, he said.
"We're cubicles on top of cubicles," McGrath said. "There are cho~e peints in this office wilere you have to slow down
and listen to see if 5Omeone's coming the other way so you don't run into them,"
[tIIustration]
8/16/200711:15 A
10f2
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A.ls- office move to tree up neeo<:"..a cou:rmou~ :Spi1\jl;:; - >:ligm,.?uvau......-o."'5U'"
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44
2.Plbs; Caption: 1, Boxes of' misdemeanor-case files lined cubicles in the District Attorney's Office in the South Bay
dourthouse. The division is moving to H Street at Third Avenue. 2. Paralegai Ruby Castaneda prepared discarded
documents for shredding in the District Attorney's Office to free up space I~ the crowded Chuia Vista court buiiding.
(Eds. S,I') [1,2. John Gastaldo I Union.Tribune photos]
Credit: STAFI' WRITER
Reproduced with permission of the copyright owner, Further reproduction or distribution is prohibited without permission.
_",~~_."".."._m.._______ ... ..__,_....,.."'_...,____~__._._ .".-_._,-_.._~_.
Abstract (Document Summary)
"Nothing's been decided yet:" county spokeswoman Linda Miller said.
"We're cubicies on top of cubicles," [Pat McGrath] said. "There are choke points in this office where you have to slow
down and listen to see if someone's coming the other way so you don't run Into them..
2 PICS; 1, Boxes of misdemeanor-case files lined cubicles in the District Attomey's OffIce in the South Bay courthouse.
The division is moving to H Street at Third Avenue, 2. Paralegal Ruby Castaneda prepared discarded documents for
shredding in the District Atlorney's OffIce to free up space in the crowded Chuia Vista court building. (Eds. S,F) [1,2.
John Gastatdo I Union-Tribune photoS]
Reproduced with permisSion of the copyr'ight owner. Further reproduction or distribution is prohibited without permlstiotl.
201'2
8/16/2007 11:15 AM
05/19/2007 07:03
519-482-5514
SWC TRANSFER CTR.
PAGE 01
45
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CllY OF
CHUlA VISTA
OFFICE OF THE CITY CLERK
Ms. Norma Cazares
45 EI Rancho Vista
Chula Vista, CA 91910
Mr. Charles L. Ulrich
645 Ash Avenue
Chula Vista, CA 91910
May 18,2007
Dear Ms. Cazares and Mr. Ulrich:
In accordance with the election official's duties under Elections Code sections 9266, 9114 and
9115, I have examined the Petition to Amend the Charter of Chula Vista to Make the City
Attorney an Elected Officer of the City, ludependent of the City Council and other City Officials
("Petition"). This letter notifies you, pursuant to Elections Code section 9114, that I have
concluded that th,e Petition, on its face, is insufficient, for the reasons set forth in this letter.
I have determined that the Petition, and all the signatures on the Petition, are insufficient because
the Petition is procedurally defective. Based upon the Proof of Publication you submitted to the
City Clerk's Office, the Notice of Intent to Circulate, the Ballot Title and Summary were not
published in the adjudicated newspaper of general circulation in the City of Chula Vista as
required by Elections Code section 9205(a), which applies to petitions to amend the City Charter
through Elections Code section 9256. lUther, the Proof of Publication you submitted
demonstrates that these documents were published in La Prensa San Diego, a newspaper of
general circulation published in the City of San Diego, County of San Diego. Therefore, the
Proof of Publication you s\lbmitted does not demonstrate compliance with the publication
requirements of Elections Code section n05( a).
In addition, even if there were no adjudicated newspaper of general circulation in the City of
Chula Vista, the Petition is procedurally defective because no affidavit of posting as requJ.red by
Elections Code section 9206 was submitted to the City Clerk's Office. Therefore, I have not
received evidence of compliance with the publication and posting requirements of Elections
Code section 9205(b).
For these reasons, in accordance with my duties pursuant to Elections Code sections 9266, 9114
and 9115, this letter notifies you that the Petition and all the signatures on the Petition'are
insufficient. Because I have found the Petition to be insufficient, no further action shall be taken
on the Petition.
Sincerely,
~B~~C,C~
Cc: Mayor and Members of the City Council
Jim Thomson, Interim City Manager
Shawn Haggerty, attomey at law
276 FOURTH AVENUE' CHULA VISTA' CAIJFORNIA 91910' (619) 691-5041 . FAX (619) 585-5774
~P"I.C;""_f""'~c.ladF'~
\. lmit works as quietly as it began lit loOKS mLO auegea PUOUl,.; ~ULl lJ..l:H,..
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46
~A unit works as quietly as it began lit looks Into alleged public corruption
fR,F Edition)
the San Diego Union - Tribune - San Diego. Calif.
Author: Tanya Mannes
Date: May 20, 2007
Start Page: B,1
Section: LOCAL
Text Woro Count: 982
Document Text
Last year, District Attorney Bonnie Dllmanis quietly created a Public Integrity Unit, which uses a criminal grand jury to
look into the mO$t serious allegations of govemment corruption throughout the county.
In existence ebout 14 months, it has filed charges against one person: Jason Moore. a fon11er Chuia Vista mayoral aide.
Dumanis won't discuss whom or what the unit ha$ investigated, not wanting to tarnish reputations if no charges are filed,
Patrick O'Toole. the prosecutor who leads the unit. haS said that the Moore case was pari of "an Ofll/oing investigation
into the possible misuse of government resources, money and time in Chula Vista."
Earlier this month. Chula Vista COuncilman Steve Castaneda said the unit investigated him three times in the past year.
Castaneda spoke publicly about the investigations because he believes Dumanis is targeting him for political reasons.
Dumanis has declined to comment all Castaneda's statements. In a recent interview~ she said her office is determined
to be nonpolitical.
"In the last election cycle, our office was being used as a tool, and that disturbed me," she said.
She promised that in the future. in most cases, "we will not investigate a complaint until alter an eiection,"
That wasn' the case last year. The investigation of Moore bagan in August. while he was an aide to Chula Vista Mayor
Steve Padilla and workirlg on his re-election campaign. according to the grand jury transcript unseaied April 12.
Castaneda said the investigations of 111m bagan In March 2006, as he was campaigning for mayor,
The public has been given iittle information about the unit's work. The investigations that focused on Moore and
Castaneda bagan before Dumanis announoed the Public Integrity Unit existed, She did that March 1.
Moore was Indicted March 27, He has pleaded not guilty to flve felony perjury charges.
The 732-page grand jury transcript shows the investigation began in August, shortly after The San Diego Union-Tribune
reported that Moore was caught spying on an Aug. 3 fundraiserfor Padilla's political opponent. Cheryl Cox. who went on
to beat the incumbent In the November election, O'Toole was Ioo\(ing into whether Moore was on city time that day.
Based on the investigation, O'Toole doesn't dispute that Moore ultimately took the time off but contends he Iiad in sworn
testimony about when he submitted a request for personal leave.
"If someone lies to a grand jury. they're going to be charged with pe~ury," O'Toole said,
In seeking the indictment Of Moore, O'Toole questioned witnesses on seven days from March 8..26, according to the
transcript, The grand jury considered testimony from Moore; Padilla; Padilla's chief of staff. Tom Oriola; city recoros
custodian Louis Vignapiano; Marcia Raskin. the city Human Resources director; Natalie Flores, the City COuncil's
executive secretary; Chad Blum. Padilla's campaign manager, Don Giaquinto, a Padilla campaign worker; and Mike
Goloskie, an investigator with the district attorney's special investigations unit.
. Political witch hunt'
Castaneda said the Public Integrity Unit spent 14 months investigating three separate allegations against him. O'Tooie
subpoenaed Castaneda and other witnesses to testify about an apartment Castaneda rented for hiS wife; properly he
purchased as a business venture in 2005 with Chuta Vista resident Henry Barros; and his role as a board member of the
Chula Vista Redevelopment Corp,
He has not been charged with a crime.
On May 11. Castaneda issued a public statement accusing Dumanis of leading a "political witch hunt" against him. He
alleged that Dumanis conspired with Cox to begin targeting him in March 2006, when he was running against COx in the
mayoral primary, He said Cox's husband. county Supervisor Greg COx. influences Dumanis beoause the Board of
Supervisors controls the district attorney's budget.
lof3
8/1612007 12:39 PM
... unit works as quietly as it began lit look" into alleged public corrupt...
46
Castaneda said Durnanis was using the unit to force him to resign. He said O'Tooie recently offered him a deal: Resign
Immediately, and he would not charge him with a felony.
http://pqasb.pqamhiver,com/sandlego-suoracceSSJ11.IJO.LVOJl.IUIIH' ,.u""',,>
O'Tooie has declined to comment on Castaneda's allegations.
In a prevtouS interview, O'Toole spoke In general about 11001 he has privately persuaded some public officials 10 change
Iheir behavior wnhout filing charges.
"There's no way of measuring that, but n does happen," O'Toole said.
'We are wetching'
Dumanis formad the Public Integrity Unit In early 2006, when she assigned O'Toole, a fonl1er federal prosecutor who
previously served as the U.S. attorney In San Diego, to develop a way to handle the sensitive cases in which public
officials are accused of criminel wrongdoing. The unn now comprises two full-time prosecutors and one part-time
prosecutor within the Special Operations Division.
Duman is said it's a way to "let people know that we are watching."
O'Toole is using the criminal grand jury in the earliesl stages of Investigations, a lactic based on the federal model and
procedures used in Los Angeles and Sanla Clara ccuntles.
The gnand jury proceedings, in which witnesses testify under oath, take place behind closed doors to protect those
accused of crlmes, bumanls said.
"We have ccmplex investigations thet lake months, somelimes years," she said. "We don't want reputalions tarnished
before our investigation is finished."
When Dumanls announced Ihe Public Inlegrity Unit on March 1, she said it had been "a work In progr~.ss" for mors than
a year. She has said she wanted to wait until after last year's November elections 10 announce the unit. The
announcement was further delayed because of the holidays and her busy schedule
bumanls said she has always pieced Importance on public InlegrRy work, and the unit centrailzes that responslbilny.
The District Attomey's Office estlmales Ihalll has prosecuted 50 cases Involving public officials and employees since
bumanls took office In 2003.
DETAilS
PUBLIC INTEGRITY UNIT
Founded:
Early 2006 by Disloct Attorney Bonnie Dumanls
Purpose:
RootIng out public corruption that Involves violations of stale law
leed prosecutor:
Patrick O'Toole
Address for complaints:
Patrick O'Toole, Distoct Attomey's OffIcE>, 330 W. BroadWay, San Diego, CA 92101
{illustration]
1 CHART; Caption: DETAilS: PUBLIC INTEGRITY UNIT
Crsdit STAFF WRITER
Reproduced with permis$ion of the copyright owner. Further reproduction or distribution is prohlblted.~thout p~rm~ss~~:. -,-------~~
.".-----_..,,'^."._._.~'''_.~_.-.,~-- .._.-"--""._,,--_.._..__...._---_._~+_._._-^..__...._---,.,'~'-'"--".-- ._"-,,,- -~,,-. "" ~
Abstract (Document Summary)
In seeking the indlclment of [Jason Moore], O'[1"ooleJ queslioned witnesses on seven days from March 8-26. according
to the transcripl. The grand jury considered testimony from Moore; [Steve Padilla]; Padille's chief of staff. Tom Oriola;
cRy records custodian louis Vlgnapiano; Marcia Raskin, the cRy Human ResoUfces director; Natalie Flores, the CIty
Council's executive secretary; Chad Blum, Padilla's campaign manager; DOn Glaquinlo, a Padilla campaign worker; and
Mike Goloskle, an investigator with the district allOmey's special Investigations unll.
8/\6/2007 12:39
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A unit works as quietly as it began jlt looks mto atlege(1 puouc C~)nu!Jl..,
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46
(St"ve Cast.nedal.aid the Public Integrity Unit spent 14 months investigating three separate allegations against him.
O'Toole subpoenaed Castaneda and other witnesses to testify about an apartment Castaneda rented for ht$ wife;
pltlperty he purchased as a business venture in 2005 with Chula Vista resident Henry Barros; and his role as a board
member of the Chula Vista Redeveiopment Corp.
On May 11, Castaneda Issued a public statement accusing [Bonnie Dumanls] of leading a "political wrtch hunt" against
him. He alleged Ulat Dumanis conspired with Cox to begin targeting hiin in March 2006. when he was running against
Cox in the mayoral primary. He said Cox's husband, county Supervisor Greg Cox, influences Dumanis because the
Board of Supervisors controls the district attorney's budget.
Reproduced with permission of the copyright owner. Further reproduc\ion or distribution is prohibited without permissIon,
300
811612007 12;39 PM
47
b-Le '^- V"A 191 L
ilnJ 07
[INSERT PUBLIC AGENCY LETTERREAD]
June 22, 2007
l\fr. Carl L. Engstrom
1048 Irvine Avenue, Suite 572
Newport Beach, CA 92660
RE:
Your Letter Dated June 22, 2007 Regarding Real property located at 363-365
H Street in Chula Vista ("Property")
\\\~ corr.t'iflJVll.ltt-<.ce.. 1;'
\0 \ .....bO~:HO'\. Y00 ~~
~ --
-' jth,c, Cit} &.'Ii AgenC(f;)
r decision to.f€lil'Ll~,h the Property to the Redevelope f6l'-
. J1 .
~
Dear::vIr. Engstrom:
Thank you for your letter to me dated June 22, 2007.
David Garcia
City Manager/Executive Director
\) \'^- ~c...\e,?-\- vb your- .J..ar...vr-
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47
[INSERT PROPERTY mVNERlAGENT LETTERHEAD]
June 22, 2007
/
V City ~Bd Redevelopment Agency of the City ofChula Vista
276 FOUlih Avenue
Chula Vista, CA 9]910 /
Attn: Mr. David Garcia, City M."".;g'" and Executive Director
RE: Real property located at 363 and 365 H Street, Cbula Vista, CA ("Property")
Dear Mr. Garcia:
I represent Edward Anus LLC, the owner of the above-referenced Property. Mr. William
L. Mendoza is the Managing Member of this entity. As you know, Mr. Mendoza recently
received a "''Tilten offer to acquire the Property from Carmel Oaks Del Mar LLC
("Redeveloper"). In light of the facts and circumstances surrounding this offer, Mr.
Mendoza has decided to accept it.
The purpose of this letter is to request your acknowledgement of the circumstances
leading up to Mr. Mendoza's determination to accept this offer on behalf of Edward
Arms LLC.
.j....., 'n c--\-..- l1"(OC t" cJ., ~'1.l
My. Men za firmly believes that-but for his agreement to sell the Property for
redevel menfpurposes ~itB"r th" r:"+:' sf Ckdlfl""l.r;~t"-(~;'H the Redevelopment
Agency of the City ofChula Vista ("Agency"),.....<l.',," ,he State e.r C",];f~""~,,.("Srat0")
~uldftolrp ~('tjf)n in the imminent filture to acquire the Property for purposes of
dedicating it to one or more public use(s). lfnll,:"poo"T)', after dne consideration of all
applicable laws, and full compliance with due process requirements, the acquisition of the
Property .would occur via the exercise of the power of enunent domain.
. C ~~
The primary facts and circumstances that have lead Mr. JVlendoza to thi~elief are as ~
follows:
. ---~!--
L The.Qwl.Agencv H~ Eminent Domain Authority wit~ Resoect to the Property.
Pursuant to the State Constitution onrl it. ehortpr. the~t;' has the power of
eminent domain. This power can be exercised any where in the City. Pursuant to
the State Constitution, \~S Califgmia ~ 1)la'l~5, ~..:l~. ,;: jj ;C2 of the
Agency Redevelopment an, the Agency ItIee has the power of eminent domain.
In general, this power can be exercised within and/or for the benet1t of the
Redevelopment Project area. The Property is within tbe Ct, aJ,d the
Redevelopment Project Area. Therefore, while a more detailed analysis would be
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necessary to determine the full scope of this authority as it wQllld relate to any
particular public project, in general the ':"';':' ;md Agency ha~he powers of
eminent domain with respect to the Property. Recent examples of the use of
eminent domain, or the threat thereo1~ to acquire property for pub lie purposes
located near the Property include: (a) ~/Agency acquisition in 2001 of the
property at the southeast comer of Fourth A venue and F street for purposes of
developing the City's new Police Station (Agency Resolution of Necessity No. -
200 1 -1732); and (b) Agency assistance over the past few years with the assembly )
of multiple properties for the development of Pl1ases I, II and III of the Gateway;.
office/retail complex on a site immediately to the south of the Property.
Recentlv A roved ein+Aaency Plans Call for Redevelo ~ofthe Pro eft '.
Pursuant to City Ordinance "",0.296,2 adopted on May 4, 04 the Property was
included within the City's Redevelopment Project Are and Redevelopment Plan.
Within the Redevelopment Project A,ea, Section 40lfofRedevelopment Plan
cans for the elimination of blight, the '~enovation J6d restoration of deficient sites,
and for making underutilized land avaihble for development. pursuant to City
Council Resolution Nos. 2005-423 thr~ugh 47// approved on December 13,2005,
and Ordinance No. 2007 -3070 adopted 'on AJ'ril 26, 2007 the City also revised tbe
land use designations and zoning for th~,property. As a result, the current land
use designation for the Property is "Mix6iUse Transit Focus Area" and the
current zoning for the Property is UC~-2. These land use regulations call for high
density officelre~i1 and/or multi-fami r resifential projects on the .Propert?' with
up to 7 stones at Improvements and' mmuri\,pn Floor to Area RallO of2,:>, By
contrast, the Property is currently !Jnproved wlth a m'o story 2& unit apartment
complex that was built in 1958. )"he Floor to Are(l Ratio of the existing
improvements is only .66. Thiftmprovements are\~utdated and in need ~ Gc.. k'( ~
substantial repair. For redeve}6pment purposes, we Q,a\ e been il',J6\Ji)~.{ that the
Property would be c.onsidered to be in a "blighted" co1~tion. Tho Prepel't!i's
I\nysic.al condition cCin1blfrl '\'1,,,-;:11 TP:(';pnt l'ifJrl A B~"'~l ha1rll1'=.F': aDd
r.~op;~nt ~~~,~v~i~/lt:,utL H1 lhe u.~. ""d t!." w,pw",u,M~b ~'~ ~:~'?erty
'I3efftg: HVU-.......Ulllurmlng;r tney also plul,;v llH:; rl\.'1J~.lly .:>yd4..d.:..]y ill. the path Gf
-fl,.,do--v.....1VpillGUL. l
3.
The Agency Has Received a Proposal for the Development of a Public Proiect at
and around the Propertv, bas extended Owner Participation rights to Mr. Mendoza
and Mr. Mendoza has indicated that Edward Anns LLC has no intention of
developine: the PropertY. On June 14"' I received a letter from Ann Hix, the
City/Agency's Acting Director of Community Development. This letter
continued onr understanding that the Agency had received a proposal from
Redeveloper tq redevelop the Property, combined with adjacent parcels, into
approximately 166,000 sC\uare feet of public courthouse facilities to be owned
and/or operated by the California'Superior Court system (me "ProjecC). Ms.
Hix's letter apprised me of the Orfl' s rights to submit its develepwt:uL .
credentials a11d an altemative dev 0 ent ~al. My kner back to Ms. Hix
also dated June 14<11 apprised the .' 'Agency of the owner's determination not to
2
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Furthermore the Redeveloper and! r affiliates thereat: O'vTI substantially all of the
parcels adjacent to the Property.; uch panies are currently working on other
redevelopment project proposals for these parcels. Accordingly, in our view,
unless the Property is sold for redevelopment it will become an outdated "island"
parcel, wilh reduced utility and value. ~ .
In light Of.' the above facts .and Circum. stances, Edward r[~ ;retf. t1.es., ,t you
=kH~\LJ~qg~A.e~cep,tjes___dete~i.11ation to_r~M.pJ--QP~11Y_J~.Jhe..Re ':eIQR!:,r
for the dey'~lQpmentoftheProject (or asimila,-proie_c:t),.....'~-4d..n'~l'l(q6f'.. In your
consi'i:'Ieration of this request, please know that the owner 1> . ed--v. . le proposed
terms ofthe sale, and is pleased that, ".;th ;'g'lr tirIl(?l:' r".]?QI'l~e, the Property can be
redeveloped in a manner that is consistent with the ~nd Agency's redevelopment
objectives, and/or the needs of the State.
Thank you for your cooperation in this matter. I look forward to your response.
Sincerely,
Car] L. Engstrom
cc, Mr. William L. Mendoza
3
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47
[INSERT ~3ElXVrc.LCW\;lENT AGENCY LETTERHEAD]
I J ""~q 7007
, une ==-::'::..::,.., _
Ivlr. Carl L. Engstrom
1048 Irvine Avenue, Suite 572
Nev,.'Port Beach, CA 92660
RE: Your Letter Dated June 22, 2r}07 Regal'ding Real property located at 363-365
H Street in Chnla Vista ("Property")
Dear Mr. Engstrom:
Tbank you for your letter to me dated June ::28, 2007.
En..co UpOR-t~'I,. anrl circutHs-ta,*,-'-5-e_t-f\-H_t-iB--yeHI~,"*-i{-y--Ml€Ple8Se he
advised t113t the Agency __ "cJ:r;~'.':["d;;c l:l1-8-aCcept~ your decision to f~*jsft-sd I the
Property to the Redeveloper for public purposes in lieu of condemnation.
Very truly yours,
David Garcia
Gi-Pj----ManJ;;:r:'Executive Director
Red.::veloDmeni .A:2:encv of the Citv ofClnlla Vista
47
Llalliiillil
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GLEK R. GOOGINS. ATTORNEY AT LAW
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344 F STREET. SUITE 100 ,f'(;.. Y~/j,-rJi
CHULA VlSTA. CALlFORKl-' 91910 C'--:YtUc:-
TEL: 619.426.4409 E-MAIL GRGLA\C@COX.NET
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[INSERT PROPERTY OWNER/AGENT LETTERHEAD] '/1/1"3"/07
j I June 2223, 2007
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(::'ry-BB€-Redevelopment Agency ofthe City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attn: tvlr. David Garcia, Ci::; MGnttgeHl*~Executive Director
J'I
RE: Real property located at 363 and 365 H Street, Chula Vista, CA ("Property")
Dear YIr. Garcia:
I represent Edward Anns LLC, the ovmer oftbe above-referenced Property. My. \'iilliam
L. Mendoza is the Managing Member of this entity. As you know, Mr. Mendoza recently
received a ""Titten offer to acquire the Property from Camlel Oaks Del J\'lar LLC
("Redeveloper"). In light of the facts and circumstances surrounding this offer, ::VIr.
Mendoza has decided to accept it.
TIle. purposc of this letter is to request your acknowledgeme.nt of the circumstances
leading up to Mr. Mendoza's determination to accept this offer on behalf of Ed,,:ard
A.nns LLC.
il
Mr. Mendoza tirmly beb~ev at t for his agreement to sell the Property for
redevelopment purposes '. .' 'J'-B.f-GJ,ul-a-3.':;;tH ("Gi-<y:)::::t!'::~e~:.v:l?~'P;;;~ _
Agency of the City ofChula 15ta ("AgencY"~~~/1
would (alee ilct;l'n;nitiate nroceedings in the imminent future to acquire the Property for
purposes of dedicating it to one or more public use(s). -l+-1""cC5S:lIJ, GJ"tcrAft"r due
consideration of all applicable laws, and full compliance 'with due process requirements,
the acquisition of the Property fwould occur via the exercise of the power of eminent
domain.
TIle primary facts and circumstances that have lead Mr. Mendoza to thi ~1lief are as
follows: ~
x
The Gi,,,,"Agencv He..: H~ls Eminent Domain AUThority with Respect to the
PropertY. Pursuant to "''''~(~'H5i+EH1'0IHH''xj-ib-g;.tH'ta7-l...t!-G-it~TI\S-+Rt
i'~r ofel1li:10R: ([01T.ain. HHTJ.' =w'.~r ce.'1ll k c;;:'-ci,G:! aH7-W-li~~' ~. /.
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P--Hi~lF:t--ft+-~~ .' _ I and ',"__-'l_
~ . . ~Yelopment Plan, the Agency pW<,>-has the power
of eminent dama' . In general, this power can be exercised wit1lin and/or for the
benefit of the Redevelopment Project area. The Property is within th~
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GLEN R. GOOGINS. ATTORNEY AT LA'X~
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CHULA VISTA, CALIFORNIA 91910
TE.l: 619.426.44IJ9 E-MAIL: GRGLA~.@COX.NET
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[INSERT PROPERTY mVNERJAGENT LETTERHEAD] ,II: ~
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47
\/' I June 2~2.9, 2007
jl
i;:ity-&J-1-4 Redevelopment Agency of the City of Chula Vista
276 Fomih Avenue
Chula Vista., CA 91910
Attn: l'vIr. David Garcia, G-iiy-NCal"';; ~,. llllti-Executive Director
JI
RE: Real property located at 363 and 365 H Street, Chula Vista, CA ("Property")
Dear Mr. Garcia:
I represent Edward Anns LLC, the owner of the above-referenced Property. 1\1r. William
L. Mendoza is the Managing Member of this entity. As you know, Mr. Mendoza recently
received a '''Titten offer to acquire the Property from Carmel Oaks De! Mar LLC
("Redeveloper"). In light ofthe facts and circumstances surrounding this offer, l'vlr.
Mendoza has decided to accept it.
The purpose ofthis letter is to request your acknowledgement of the circumstances
leading up to Mr. Mendoza's determination to accept this offer on behalf of Edward
Arms LLC.
x
Mr. Mendoza firmly believ at- t for his agreement to sell the Property for
redevelopment purposes :ty of Ch~ln Vi~.t<: ("Ci:J:)~~~:::~e~~v:lo~rp:,~~
Agency of the City of Chula Ista ("Agency"}.#"'~~A"
would l-aJa~flinitiat'" proceedings in the imminent future to acquire the Property tor
purposes of dedicating it to one or more public use(s). ] r,- 808550.")', "i'i""Aftcr due
consideration of all applicable laws, and full compliance with due process requirements,
the acquisition of the Property f^",ould occur via the exercise of the power of eminent
domain.
~.
The primary facts and circumstances 111at have lead:>vIr. Mendoza to thi ~ ~lief are as
fo]]ows:
The f:.i1~Agencv ~I'IJS Eminent Domain Authoritv with Respec-t to the
PropertY. Pursuant to tfl€...&Eak"'-G~"HS4,iH~I.;.(.;,1-at1{.J...i~.aFler. t],e-Git:, n1l5 [11"
J"G.' """1' G <' c:11inenl 801110;11. 1'1,';'., FD?cr CO" bz eX2fc;sca :tn}' '.\'1',,'-ro i~.
.k"'.AY~~' =<~~ d ~ ,......
J2.H.r.s.m1:r.-t-l.++-~..PL~ -', ~JHCr~~lJI~. - i_'. \,-.....
. velopment Plan, the Agency p4-has the power
of eminent doma' . In general, this power can be exercised within and/or for the
benefit of the ,Redevelopment Project area. The Property is within th~
/
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credentials and an alternative deveiopment proposal. My Jetter back to Ms, Hi~
also dated June 14th apprised the ~Agency of the owner's detemlination not to
propose an alternative de:relopment project at the site. ~~
\/
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Furthermore, tR'=-iLl~ mv IlJ1ck,'sl3ndinz tint lhe Redeveloper and/or affiliates
thereof, own substantially all of the parcels adjacent to the Property 8nd thOl slIeb,
&tI<Otl-parties are cun-enHy working on other redevelopment project proposals for
these parcels. Accordingly, in our view, unless the Property is sold for
redevelopment it will become an outdated- "island" parcel, with reduced utility
and value.
,
./1
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In light of the above facts and circumstances, Edward Arms LLC requests that you
a€4;{,\\'lc,i;;c Dad accept it's determination to t'E'l-itn.iB-idi--Scll the Property to the
Redeveloper for the development of the Project (or a similar project), in lieu of
condemnation. In your consideration of this request, please know 1.l1at the owner is
satisfied wjth the proposed temlS of the sale, and is pleased that,.".-it:l ",OLlF--lffl-1-t'ly
fL~~-tJle Property can be redeveloped in a manner that is consistent with the G#j~
2-A4-Ageacy's redevelopment objectives, and/or the needs of the State.
Thank you tor your cooperation in this matter. I look forward to your response.
Sincerely,
Carl L. Engstrom
Ice. Mr. William L. Mendoza. Mm13Zinf! Member. Edward Arms LLC
,
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~~ Redevelopment Project Area. Therefore, while a
more detailed analysis would be necessary to determine the full scope of this
authority as it would relate to any particular public project, in genera] the ~~. G.l<!
Agency 1',*,'-f'-l"" the power;; of eminent domain with respect to the Property.
Recem examples ofIhe use of eminent domain, or the threat thereot: to acquire
property for public purposes located near the Property include: (a) C:y.,iAgency
acquisition in 2001 of the property at the southeast comer of Fourth A venue and F
street for purposes of developing the City's new Police Station (Agency
Resolution of Necessity No, 2001-1732); and (b) Agency assistance over the past
few years with the assembly of multiple properties for the development of PI lases
T, II and III of the Gateway office/retail complex on a site irrunediately to the
south of the Property.
"
/
ge ians C:l1l--t:e.FComemnlaTe the Redevelopment
oftbe Propen:v. Pant t . ~0rdinance No. 2962 adopted on May 4, 2004
the Property was included '-tl1m the City's Redevelopment Project A.rea and
Redevelopment Plan. Within the Redevelopment Project Area, Section 400 of
Redevelopment Plan calls for the elimination of blight, the renovation and
restoration of detlcient sites, and for making underurilized larid available for
development. 12<tl'Sttaffi-fO City Co,"~ci~ Re":.J1-HtiBH No~. 2005'!2: thrOL~;h .te'
appI"O''-cC on f)C2etft8e1' 1:, 2~nj Ordi_HBe-N'e~007 '07{) ad"ptcd 0:1 /'.jCril
::;6, 20071"~11.."--Gi-ly-al5c-+-"C~.joe-l&J,<d~:';i;11C1tions and zoniRg-fer--B'l€
Pr~p2rt> -As a result. the c,n'2IC! land ase-<~csj;na~I'-the V'1: pen)" jJ "P/l.i*e<l
Uc.c Tmn:,'it focus .'.ren" "nd t~1e--{'-'-llrrCnl :coTlin; ~'~,f-tfr.e-.J2r.t'1j"e-r-lT-i-s+.U; 2. T-he5€
inr:c 'lse rG;LHaOOnS call for hi,;h del~si"fy-~/;'etatJ-fl-A4LaF-ffi-H-l+i-fa.Jn-i+t
~"fl-l-i.al-.projcct:; on the Propzrty-wit-l'l-Bj; to -: ~:('ric: o(impr0'\;emen:s :ll1Eht
fFIi-Rtm'd-ffi-r~I'ffi-R.fr1-iB-B-f2.5. By' L'Bfl\~lTto The-Property is currently
improved with a m'o story 28 unit apartment complex that was built in 1958. +lw
Floe:' to .\rea RQtio OH4,~,i'n:; iFll~1'l€fllS is only .66. The improvements
on [he Propcm' are outdated and in need of substantial repair. For redevelopment
purposes, we ffip,.'J B6m: inu'fffl<:.'-tlbelieve that the Property would be considered to
be in a "blighted" condition. *~-12F&f-'''rl:(J j:hys-i-€fl-I-eei~~ombil1ecl ". i:h
reeefl't-Gi{)'.'.^,gen CJ' tiHN-H5e-&!'lB-i'€4..~Bj'>fR€R l npp :"(Prr'}~...ffi-t~,&-8~,.a
ffie-improyon:zlCtD m: the Pf()I;ffi}'--9e+n; "non confBrmin;:" tl~e:; Dl-5-&-j'l-ia~
Ilrefert:: sq~IGrcl:/ in 4e--j3at'R-ef-FcaOC.u,oeJBj3ffi€fll"
3. The Agencv Has Received a Proposal for the Development ofa Public Proiect at
and around the Pronertv. has extended Owner Participation rights to Mr. Mendoza
and Mr. Mendoza has indicated that Edward Arms LLC has no intention of
velo'in the Pro ertv. On June 14th I received a letter from Ann Hix. tbe
~/l}iency's Acting Director of Community Development. This lette~
~rmed our understanding that the Agency had received a proposal fl'om
Redeveloper to redevelop the Property, combined with adjacent parcels, into
approximately 1 66,000 square feet ofpublic courthouse facilities to be owned
and/or operated by the Califomia Superior Court system (the "Project"), Ms,
Hix's letter apprised me oftbe ovmer's rights to submit its development
~
L.
CllY OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
Date:
July 13, 2007
To:
Glen Googins
Fax:
619-393-0318
From:
Michael J. Shirey, Deputy City Attorney
Re:
Real Property located at 363 and 365 H Street, Chula Vista, CA
Pages (including cover sheet): 4
MESSAGE:
Pursuant to your telephone conversation with Michael Shirey, please see the attached.
Thanks!!!
THIS COMMUNICATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TOVVHOM IT IS ADDRESSED,
AND MAY CONTAIN INFORMATION WHICH IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER
APPLICABLE LAW. IF THE READER OF THIS COMMUNICATION IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY
NOTIFIED THAT ANY DISSEMINATION. DISTRIBUTION OR COPYING OF THIS COMMUN!CATION IS STRICTLY
PROHIBITED, IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR. PLEASE NOTIFY US IMMEDIATELY BY
TELEPHONE AND P-ETURN THE TRANSMITTED COMMUNICATION TO US AT THE BELOW ADDP.ESS VIA THE U.S, POSTAL
SERVICE. TRANSMISSION OF THIS DOCUMENT IS NOT INTENDED AS A WAIVER OF ANY ATTORNEY. PRIVACY OR
OTHER PRIVILEGE.
If you should have any questions regarding this transmission, please do not hesitate to
contact Joyce Malveaux, Legal Assistant at 619476-2320. Thanks.
27B FOURTH AVENUE - CHULA VISTA - CP.L1FORNIA _ (619) 691-5037 _ PHONE_ (619) 585-5727 _ FACSIMILE
J :\A ttomey\Michae I Sh \F onus\Faxes \G len G o()gins.doc
HP Fax Series 900
Plain Paper FaxfCopier
Last Fax
Date Time
~
Jul 13 1:16pm Sent
Result:
OK - black and white fax
Identification
93930318
47
Fax History Report for
C.V.City Atty - Lil. Div.
(619)41'6-5305
Jul 13 2007 1: 17pm
Duration Pages Result
1:23
4
OK
~i!>_
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0lY OF
CHUIA VISTA
REDEVELOPMENT AGENCY
VlA E-MAIL; HARDCOPY TO FOLLOW VIA U.S. MAIL
July 6, 2007
Mr. CarlL. Engstrom
1048 lrvine Avenue, Suite 572
Newport Beach, CA 92660
RE: Your Letter Dated July 5,2007 Regarding Real property located at 363-365
H Street in Chula Vista ("Property")
Dear Mr. Engstrom:
Thank you fDT your letter to me dated July 5, 2007.
Please be advised that the Agency accepts your decision to sell the Property to the
Redeveloper for public purposes in lieu of condemnation.
Sincerely,
UJL
David . Garcia
Executive Director
Redevelopment Agency of the City of Chula Vista
276 FOURTH AVENUE. CHULA VISTA. CAUFORNIA 91910' (019)E91-5047' FAX (619) 470-5310
~ Pm1...cn.u-~IdIJdP_
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07/~512e07 13'29
S<l9-5~8-5Bl.
KINK05 COQ-rA MESA
PACX: 02/0.
CARL L. ENGSTROM
Attomey at LaW
1048 Irvine Ave., Suite 572-
Nl!.wpoIt Belch. CA 9Z660
(949) Z95-7209
VrA F.<\X...lIARD con TO FOLLOW BY U.S. MAlIL
July 5, :ZOO?
Redevclopment Age;ucy at the City of Chula Vista
275 fourth Avenue
Chwa Vist.I, CA 91910
AtIn: Mr. ::;>;tvid Garcia, Executive Dir:cclOr
RE: Sale "f <"<>Oll'roperl:;/ loMted at 363 and 355 a: Street, Clmla Vista, CA
(""l'roper!J''') pursuant tn threat of ell1inmt dotnain pl"ocNdiilgs.
D=Mr.(larcia.:
[t$p:esent Edward AImS, LLC.1ha ow::let of !he abo\'e-rererenced Property. Mr.
WillilllT1 L. MendoZll Is the M:n1aging Member aithis ent>ty. A. you know, };Ir.
M&ldoza r~eeptly reealv"'i a wr1ttt::o 6ff"", to aCql1u-e the Property from Carmel Oa.kl; Del
Mar lJ..C (''Redeveloper''). Edward ArnIs.l..LC had no irllJontlOJJ \vi1..k~oe""no selllhe
PrQpeny. ! [owe""', in li~l't of the facts and cil:'C.umstances sunounding this offer. Mr.
Mendoza l.as reluctlll1tly d::cid.ed to accept thi.5 offe;r ou'bclJslf of'EdwlI(d Am1s. LLC.
The pUl'pOile of ihilllel1er 1; to reque.s.t your ackn"",'ledgexnent ofilie citcUlDStnnces
leadillg up to:Mr. Met'ldoza' 5 decl&ion. as Managing Member. "[() sell.
Mr. Monduz. ftOllly 1>elic"cs that-bUl for his lil~ent to s~lI the property for
redeve)ojlDent purposes- oQjtb.er me Redevelopment. Age:ney of the City of Chula Vists
("Ag=cy" l. and/or the sure of california ("Stll1t:;") would initial.. PlQceedings 00 the
i.mminent I iltUIe to acquire the Property for purposes of dedicating it to one or more
public u:;e(s). After due crlnsid.eration of all applicable laVlS. apcl full compliance with
due process requirements, the acquisition of tha P1'(lperty could occur via th~ exercise of
the power .)f ~inent doma.m.
The primllI'Y fact~ and circumstances th[l.t hayc le~q. Mr. Mendoza to this belief arc as
folloWS:
1. :nIl' A<'&1c'Y, Ens Eminent Doma!:'! Authoritv with Res= to the Prot>"".,v,
Pwsuant to the SLBle Constitution., m= Califoroib Code provisions.lll:rd
Se<,tion 503 of the A.ge:DC)' Redeyelo?me11C Pl.lIn. the Agency has the power of
eminent dOtnain. l~ gencral. this poWtO.' = be exercised withill..anrlIor f,"f the
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KZ~K05 COSTA MESA
PAGE 83/04
ben-,frt ofm.. R.ede"el.opme:nt Project ilre.a. The l'ropel:ty is with.in the Clly of
Ch<1a vista ("City') and the .Red~el<>pme;nT Projec;\ Area. Th=f.,,,,,, wltU" n
mOle detaileD anabsis would ~ peressary to del:=ine the full9cope of lhis
authority 118 it waul j relate to !lIlY plll:licul.ar publio project, in general tho Agency
hns the powor of /:1Ilinentdoraain with resp<:<'t m the Property, Recent e::twn!l)"'~
1)f 6e use of emine-lt dommn, or the threat thereof, to acquire PIl;lperty for public
purpose. located pc ar me l'l:operty include: {a} Agency ~cqu.i!dtion in 2001 of the
property at the SoOUl acast comer of Fourth ^ venoe lU1d F' street fOil' J?Ul:p08C:S of
do:velopingthe Cit~"s new Police Station (Agency R.eso!utionof Neceuit)' No.
:WC 1-1732); md (b) Ageooy 3Ssistao~ over the past feW years with lh.c ",~embJy
at rauldpk plopcrtles for the development of Phases 1, U and In of the Gnteway
office/retail romphtl: em a site immediately to t.\)e aouth of the Prcperty.
2. ~:cnth' AporoveC Citvl Al!en"" Plans Contcmol"te !he R..&veloomont of the
Pro~. Pursuanllo City Ordin"""" No. 2962 adopted on May 'I, 2004Jthe
Property was inclu.led within thl; City's l.l:.ed..,'eloJPll'lentProjecl Area and
Rede..c;!opm""-' PIon. Within the Re<i~"e1opment Projecl Area, S<::ction 400 of
Redevelopment Pha calls fot the cllmlnation of blight, the reDovation and
restoration of deficient sites, Il!Id for mcldngunderufiliZed land available for
de-,eloprncnt. The Property ls =tly improved Wil:b.ll two story 28 \lTl\r
"P.rtmeol eomplt~ that wss built in 1958. The> lmprovemcnl$ on the Pl:l)~'c:rty are
om:lsted 1lIld in nel,d of $l.lbst:lntial xepe.\t. For redevcloplMnr purposes, we
bel ,,"ve that tbe Pr{perty WO\lJ~ beconsidl!Ored [00'" in a "bltgbled" condJllon.
3. II:ll' A"er.ev Ha. Receivod . Prouosal for !he Development of" J"ublic Proiect :ill
l!!:l>' MOund the ProPcmv, 11"" e"tended Owner Particinntion, Ti!!hts to Mr. Mendoza
!Y!f' M~- Mendo~.(l. lias indicated thar Edwaro AT:11Is. LLC b>lS no Inle:ntio" of
.\We]olliDJr the 1'ro~ On 1= 14"1 received a IettfIr from Ann Hix, \he:
CitvlAgency's Ae:ting Pire:ctor of Community Developmeot. ~ letter
cor,rmned out und.~rsten.ding iliat the Agency had receiv"li II proposal from
Rbleveloper to redevelop tbeProperty, combined with adja=t parcels, jnto
3W1ttIXimately 166,000 sC(1W'" feet of Pllblic coun:l1ouse facilities to be owned
lTD,llor operated by me Califoroia Superior o,urt system (!he "P""j_"). Ms,
f{~:'s letter appcisld me ofrlleowner's rights to submit lts own de,,<::lopmem
crellenti~ and un alternative development proposal, My It.:llCr back to Ms. Hiz
el." dated June. 14'b appri&ed !.he Agf5fJJ;y of lhe owner's detcrrnlnatton o;:,t to
pIC pose lUl a]le= ioye deV1:1opment project at the site. The owner is aws:ce thar
the P)'<?ject is a hip priority project for the State. Fu.-th::more, it is: my
uru lerstmding ~!l.t the ltedcy."loper al\llfor affiliot~s thereof. own subst!ll1tia11yall
of ':be parcels adj..:em: to the pttJperty and that su!;b parties ..... eutrently working
on other. redeve1op"e:llt 1""jec! proposals for thl!lSe paIcels. Accordingly, in our
vi;w, unless the l'lcpomy is sold roc ,ed('.VelopmEl~t it will becoo;ce an outdated.
"is 11lnd" ~el, w: III r:ednoed uti!it)l and \laine,
1n light of the above facts nnd circumstartces, EdwaId AoDs. LLC requests tb2u: )'OU
accopt it's determination 1 q sl!lll the Property to the Redeveloper fOlr the developrlleOl of
2.
tB 39';1d
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07/B5/2e~7 19:29
949-5~5-5814
47
K!NKOS caSTA MESA
PAS'; 64/04
/he ptoject (OI a si1l'.Ua:r pI' accl) , in lieu of eCllldemnatlan. [n your consi~a.tiCll. ~f this
I"'l"Ost, pltase mow that ~lC OWD~r is satisfied with IhepIopo.ed te:rms Qfthe s~e.
TbMk YI>\l for )'OW' coopeation ill1IDs IIlatrer. 1 1 ookforwatd tl> YQm ."SpODS".
Sin=e1y.
~~~~
CadL.E.Il;~
00. Mr William L. Mendoz;ll, Managing Member, Edward AnnS, LLC
s
>;8 391Jd
lS3 I~ lS3~,I~lNOH
01318-<:<:,\>-519
>;P:S1 L80o/S01L8
47
CDN; ""3:!~
Carl L, EngMrom
Arton:te," .at La....
1048 Irvine Ave" Suite m
Newport Beach. CA 92660
c::lt,.....IIgstro_~ahlJo,cOll1
Tel: (949) 29,-1209
lul1C 14. 2007
City ofChula Vi~ta
Community Development Dept.
C/o Ms. Ann Hi,,-. Acting D~nx:tor
276 Foonh Avenue
Chul_ Vis:a. CA 91910
RE: R<,spon~e. to. Notice [0 the: Owner of Ass.es!\or's Parc~1 No, $6&~4SG-5l~
a1.0 k""wn,as 3li.l.3U5 H Street, Chul. Vista, CA
Dear Ms. Hix:
This 100ter ""nfirms receipt by Edw"d Arm., LlC. ,iJe owner of the above delcribed property, of your
letter dated June I~, 2007 regarding the Notice orSal"';'_,;on oflntorcSl in Ownc.r Participation and
Request lOr Submi",,;on of Allemate Development Proposar. As tile lepl represemative "fEdward Atms. L["C,
r would like to advi", you thot my clie", will nel proP<>'" an ahernale redevelopmen. projeCt ., 36l-3f>S
H S1rcer, Chul. Vista
Please contact me if you should have any question
YM~ s:= ~~
em/ L. Engs,ro~
Cc: Ene Cmtke\'. Redtvelopm""t Manager
W~li_m L, Mendo..
47
Solicitation of lr.terest in Owner Participation and Request for Submission of Alternate Development
Proposal for Assesso"s Parcel No. 566-450-51
June 14, 2007
Page 3 of 3
If you are interested in submitting ar; alternate development proposal and need
direction on a suggested proposal format, please contact us. Thank you for your
timely response to this sDlicitatior; of your interest in owner participation.
Si7IYy;
(d:1f(x #
Acting Director of Community Development
Attachment: Exhibit A-
Exh ibit B -
Exh ibit C -
Exhibit D -
Map of Development Site
Map of Subject Property
Rules Governing Owner Participation and Preferences
by Property Owners and Business Occupants
Statement of Interest
Cc: David R. Garcia, City Manager
Eric Crockett, Redevelopment Manager
Diem Do, Senior Community Development Specialist
Ann Moore, City Attorney
Cln' OF CHULA VISTA
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4;1
Newspaper: UNION-TRIBUNE
Date: Jun 02, 2007
Day of Week: Saturday
Edition: R,E,S,F
Section: LOCAL
Page: B-1
Length (in lines): 698
Headline: Lawyers' bills mounting for ethics investigations
Byline: Tanya Mannes
Credit: STAFF WRITER
Captions: Published: CHULA VISTA'S LEGAL BILLS
Town: CHULA VISTA
CHULA VISTA -- Chula Vista spent $411,261 in the last 14 months for
outside lawyers who represented city officials questioned by the district
attorney's newly formed Public Integrity Unit.
District Attorney Bonnie Dumanis created the unit in early 2006 to
investigate public corruption allegations throughout San Diego County.
To date, the unit has indicted one person - Jason Moore, an aide to
former Chula Vista Mayor Steve Padilla - on perjury charges.
Since March 2006, the city paid lllaw firms to represent employees who
testified before the unit's criminal grand jury, according to information
The San Diego Union-Tribune obtained through a California Public Records
Act request.
City Attorney Ann Moore provided the bill totals but not the attorneys'
invoices or contracts, saying they are protected by attorney-client
privilege.
Officials with the District Attorney's Office also didn't disclose details
oftheir investigations. Until an indictment is issued, grand jury
proceedings are kept confidential to protect the reputations of those
involved.
The city is required under state law to provide legal representation to
its officials and employees who are involved in litigation related to
their official duties.
"We have no choice but to hire private attorneys to perform whatever type
of legal work is necessary," Moore said.
She said the work can't be done in-house "because our office represents
the city, not the individual employees or officials."
City Councilman Rudy Ramirez, who took office in December, said that he
was alarmed when he learned how much the city had spent in legal bills and
that it was "a questionable use" of public resources.
"There needs to be some accountability on these secret investigations and
the resources attached to them," Ramirez said. "We need to get some
answers from the District Attorney's Office about whether or not tbese
investigations are legitimate."
Cbula Vista Mayor Cheryl Cox said most ofthe decisions to hire outside
counsel were made before she took office in December.
"Since much of this was acted on by a previous City Council, it is pretty
hard for me to know whether it is justified," she said.
Cox noted that the city can force an employee or official to pay back the
money "ifthe person was found to be acting outside the ~cope oftheir
employment, or doing something illegal."
Councilmen John McCann and Jerry Rindone did not respond to requests for
comment. Councilman Steve Castaneda declined to comment on the advice of
his attorney.
Prosecutor Patrick O'Toole, who heads the Public Integrity Unit, has
focused much of his energy on Chula Vista. He subpoenaed nine witnesses in
seeking the indictment of Jason Moore, which was part of a larger
investigation involving more witoesses, according to grand jury
transcripts released after the indictment. Moore pleaded not guilty in
April.
Last month, Castaneda said the unit had initiated three separate
investigatious of him in the last year. He accused Dumanis oftargeting
him for political reasons and pressuring him to resign. He has not been
charged with a crime.
City attorneys in San Diego, Imperial Beach, Solana Beach, Lemon Grove,
National City, Del Mar, Santee, Carlsbad, Oceanside and San Marcos said
there have been no Public Integrity Unit investigations in their cities.
Chula Vista's legal bills come as the city prepares to cut its budget
because of a slowdown in new home construction. Cox recently called for
austerity, saying she is prepared to fund "little other than core
services" for several years.
In a prepared statement, Dumanis did not comment specifically on the Chula
Vista investigations, but defended the Public Integrity Unit.
"The public has a right to expect that their public officials are not
breaking the law," Dumanis said. "Protecting and vindicating this right is
one of the most important priorities in the District Attorney's Office,
and the Public Integrity Unit continues to ensure that this is done."
O'Toole declined to comment beyond the official statement.
CHULA VISTA'S LEGAL BILLS
Baker & McKenzie, $37,676
Benjamin L. Coleman, $14,790
Cooley Godward, $6,105
Coughlan Semmer & Lipman, $49,782
Irell & ManeUa, $19,782
Knut Johnson, $13,413
La Bella & McNamara, $51,945
Luce Forward, $67,458
McKenna Long & Aldrich, $71,842
Morrison & Foerster, $48,987
Frank Vecchione, $29,481
Total: $411,261
End-of-Story
Chula Vista re~..;dents join suit over land use - Si.gnOnSanDiego.com Au.
http://pqash.pqarchiver.com/sandiego-sub/accessl1285486661.html?did..,
50
4 Chula Vista residents Join suit over land use
[R,F Edition]
The San Diego Union. Tribune. San Diego. Calif.
Author: Tanya Mannes
Date: Jun 8. 2007
Start Page: 6,2
Section; LOCAL
Text Word Count: 164
_._"----"._~_.-_.._~~""~-~.__..- -",-
,______.___,___,__.._._~~___..._".."~nm.___'''''_ ___..____._.__."""""__ '-'-
Document Text
CHULA ViSTA __ Four Chula Vista residents -- all former or current City Council. Planning Commission or San Diego
Port Commission members __ will join in a clly lawsuit lhat seeks to biock a citizens land-use innialive from the June
2008 ballot.
A locai real estate Investor collected more than 20,000 signatures supporting an Inlllatlve that would cap heights at 84
feet for most bUildings in the city, The council voted last month to ask a Superior Court judga to declare the initiative
Illegal and Invalid. contending it wasn't published properly.
Yesterday former Councilwomen Patty Davis and Patty Chavez, Planning Commissioner Kevin O'Neill and former Port
Commissioner Ty Compton were granted permission by Judge William S. Cannon to intervene in the lawsuit.
The residents petition stated that they "have an independent Interest in protecting the integrity of the election prooess In
Chula Vista," and they believe the Initiative is illegal.
They are represented by attorney John Moot, a former councilman.
-T.M.
Credit: STAFF WRITER
Reproduced with permission Qf' the copyright owner. Further reproduction or distribution is prohibited without pemiission.
Abstract (Document Summary)
Yesterday fonmer Councilwomen Patty Davis and Patty Chavez, Planning Commissioner Kevin O'Neill and fonmer Port
Commissioner Ty Compton were granted permission by Judge William S. Cannon to intervene in the lawsuit.
Reproduced with permission of lhe copyright owner, f=:urthef reproducllon or distribution is prohibited withoul permission.
8114/2007 2:23 P1\
1 of I
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51
City sues ex-official to force payment of $100,000 fine I Campaign finance violations
at issue
[R,E,S,F Edition]
The San Diego Union - Tribune - San Diego, Calif.
Author: Tanya Mannes
Date: Jun 21,2007
Start Page: B.3
SectiOn: LbCAL
Text Word Count 613
Document Text
Ed~lons vary
CHULA VISTA -- The city of Chula Vista has sued former City Councilwoman Patty Chavez to force her to pay a
$100,000 fine for violating the cily's campaign finance rules.
Chavez Is fighting the lawsuit, saying Ihe city's ordinance is "confusing and misleading."
"The city offers no means for candidates to understand the complex election laws either through workshops or a
question-and- answer center," Chavez said in a prepared statement,
"We want representation at public-otrice level to be reflective of Chule Vista's vibrant community - not just people who
cen afford to pay high-priced lawyers and consultants," said Chavez, who was a stay-at. home mother before her 2005
appointment to fill a vacant council seat.
Chavez lost her seat to Rudy Ramirez in the November runoff' election.
In a complaint filed June 7 in San Diego Superior Court, the cily's special counsel, former San Diego City Attorney John
Witt, says Chavez lent herself $11 ,250, violating the cily's $5,000 limit on personal c-onttibutlons. She failed to notify
Ramirez of the loan, as the city required.
Chavez said she was fined abollt $6,000, which then was reduced lc $3,000. She refused to pay It, and the city filed the
lawsuit.
Her attorney, Joseph Casas, said the proposed $100,000 fine is a "Draconian" application of a well-intended law
The city's campaign-finance ordinance sets a fine of $5,000 par violation, or three times the amount that was not
reported properly, whic'hever Is greater. Wilt said Chavez committed 20 separate vioiations between the June prtmary
and November rllnoff election and therefore "is liable for the greater fine of $100,000." Wit! said each time Chavez failed
to notify the cily clerk and her four opponents in the ptirnary equaled five COllnts.
In 2004, the City Council set a lirntt on personallbans of $5,000 per candidate. Candidates are allowed to exceed the
limit if they notify their opponents and tha city cletit Their opponents then can receive campaign contriblltions over the
$300-per-lndlvidllal limit, lip to the amount of the personal contribution.
The ordinance reqllires the cily to appoint special counsel to Investigate campaign"finance complaints, ievy fines and file
lawsllits on behaff of the ctty, as Witt did. The ordinance does not reqllire oversight or approval from the City COllncll.
Mayor Cheryl Cox said elected officials shouid not be involved in enforcing the ordinance because they could "taint the
process." Cox said she had not seen the Chavez lawsuit
Last year's elections were the first in which the new rules were in effect.
Other candidates - Councilman Ramirez, Pat Moriarty and Richie Macias -- said they were accused of violating the new
ruies about personal loans.
Ramirez said he is currently under investigation, and he expects to be vindicated.
"I have nothing to hide," he said.
In February, the city sued MaCias, who unsuccessflllly ran for mayor. Macias said the city wanted him to pay a $7,500
fine, and he refllsed. Macias said that last month his attorney filed a response to Ihe lawsllit
Moriarty, who unsuccessfully ran for City Council, said she settled her alleged violation before it went to court. She and
her campaign lreasllrer, Xavier Martinez, spirt a $6,150 fine.
Moriarty said she fait she was unfairly penalized for "an honest error_"
i 01'2
8/14/20072:20 PM
;ity &'Ues ex-official to force payment of $ 100,000 fine I Campaign fruan...
51
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Cox,t~c$n!lyiom'led er, ed hOc corominee to look at revising the ordinance and to makID sure it Is clear.
"1\ seemed 'a prudent time to address tile ooncern~'that were raised by the candldatilS," she said.
T"'e oornmil\ee members are: 10m'el CouMllmi>l) Jol)n Moot, an atlorney; G, MIChil<l1 German. a deputy attorney
gerteral: !;Ind Hwnberlo f'eraza.. chief of staff for Rep. Bob FUner, D-San Diego.
[lIIustratlon]
1 PIC: Caption: Patty Chavez
Credit: STAFF WRITER
_.__._----~._._-~..~-,..~--.~-_.,-,-,,_..-.._'-','''._......--..., ..,._."--,_.~.,
Reproduced with permission of the copyright owner. Further reproduction or distribution is prOhIbited withClut permission,
.,-.---..'-----.-----...<--. ...-....-"".--.-..---.....----
Abstract (Documenl Summary)
..,-,,,'_.---_.....~-,',,...~'..-_._~.,""'.,,'....._,_."...--"--,,--_.-.-_..
.,-,.~,.._....._,....-.._-_.._.,_..."~.-._".,'",,.._..-...-_... ....._,-..",.",,,..-,._... ,.
"We want representation at public-<>f!ice level 10 be reffective of Chula Vista's vlbrent communlly - not just peeple who
can efford to pay high-priced lawyers and consultants," said [Patty Chavez], whO was a stay-at-home mother before her
2005 appointment to fill a vacant councii seat
The clly's campaign-finance ordinance sets a fine of $6,000 per violation, or three times the amount that was not
reported properly, whichever is greeter. [John Wat] said Chavez committed 20 separate violations between the June
primary and November runoff election and therefore "is liable for the greater fine of $1 00,000." Witt said each time
Chavez failed to notify the city cieri< and her four opponents in the primary equaled five counts.
Mayor Cheryl Cox said elected officials shOuld not be Involved in enforcing the ordinance beceuse they could "lalnt the
process." Cox said she had not seen the Ct~avez lawsuit.
Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibited withOut permission.
8/14120072:20 PM
20f2
:ity councilman plead") Hot guilty to 15 charges I Felony perjury 18 amou..,
nltp.1I PY.t:l..")v'Plf"" .......~. "",.VVu... .....-._~e>-- --~. ...
52
City cou~pllman pleads not guilty to 15 charges I Felony perjury is among
allegatlqns
[tv' EditiQIlJ
The$iffi Diego Union" Tribune - San Diego, Calif,
Author: Tanya Mannes
Opt,,; Jul 6, 2007
$larIPage: S,1
Section: LOCAL
Text Word Count: 679
Document Text
CHULA VISTA -- City Counciiman Steve Castaneda, who once calied himself lhe victim of a "potlticai witch hunt" led by
Disltict Attomey Bonnie Dumanis, yesterday pleaded not guilty to felony perjury and other criminal Charges,
A county grand jury indicted Castaneda last week on 12 felony perjury counts, one felony count of preparing faise
documentary Elvkfence, and two misdemeanor counts of failing to report his income on stat&required economic
disclosure forms,
Prosecutor Patrick O'Toole, who heads the District Attomey's Public Integrity Unit, sought the indictment. It waS sealed
until Castaneda's arraignment yesterday in San Diego Superior Couri,
O'Toole said outside the courtroom that the felony charges relate to "numerous, separate lies" Castaneda aliegedly told
the grand jury during sworn testimony June 28, 2006; Oct. 16,2006; and Nov, 3, 2006,
"When you come Into the grand jury and raise your hand and swear to tell the truth, you have to tell the truth," O'Toole
said,
The two misdemeanor counts concern Castaneda's failure to report income from a 2005 land sale on his financial
disclosure forms, which are required by the state Political Reform Act Castaneda purchased a vacant lot at 40 L S1. in
Chula Vista with resident Henry Barros, and they sold the land live months later,
Castaneda didn't report the $30,000 he received from the sale until after "he was caught by the media:' O'Toole said,
adding that "transparency and full disclosure" are vital to the democratic procass,
If Castaneda were convicted on all counts and received the maximum possible penalty, he would spend 52 years in
plison. However, O'Toole said a S6rltence in this case would "realistically" be much lighter.
Castaneda, 47, left without speaking to tha media,
His attorney, Marc Carlos, said, "Mr. Castaneda asserts his innocence and he will fight this case,"
Castaneda hes been vocal about O'Toole's Investigations, which he called a tactic to pressure him to resign, He
contended that Dumanis conspired with Chula Vista Mayor Cheryl Cox, his rival in the 2006 mayoral primary.
O'Toole emphasiz.ed that his office Is nonpariisan and said, "Nothing was done to hurt him politically," O'Toole said his
investigations began after Castaneda's unsuf,Cessful run for mayor in June 2006,
The perjury counts, unrelated to the land deal with Barros, concem Castaneda's sworn testimony about his tenancy in
the SUnbow Villas condo conversion,
O'Toole was investlgeting whether Castaneda, who voted on the Sunbow conversion, received a benefll from living
there as a resu~ of his vote,
Castaneda rented a Sunbow apartment for about 11 months, O'Toole believes Castaneda intended to buy a condo--
although he didn1 ultimately -then lied about his intention,
The IndiCtment alleges that Castaneda lied when he said, "I was not planning to buy a condo there: It also alleges that
Castaneda lied when he said, " '" when I rented the apartment, I was toid that I would not be eligible for any banefit or
any relocation faes or anything:
Castaneda has said he did not receive any relocation money when he moved.
Carios said his client is "baing charged for things he supposedly thought about doing,"
''What we have here is a politically chargad accusation that doesn't mean very much," the lawyer said.
O'Toole has often talked publicly about the Imponanee of respacting the grand jury process, In March he secured an
indictment of Jason Moore, an aide to former Chuta Vista Mayor Steve Padilla, on five felony parjury counts related to
lof2
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_. ",_,__,,_.,_~"'__""__'__"W__'''__'__''''''_'' ..~...'-
:ity councilman pleads not guilty to l5 chal'ges I Felony perjury is amOll...
52
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hiS grand jury testimony.
Under a plea deal, Moore later pleaded guilty to one count of contempt of court, a misdemeanor.
Castahe<la, whose term explles at tl1e end of 2008, can remain on the City Council pending the result of the court
proce$s, but under oIty rules wouid have to step down if convicted of a fetony or a crime involving "moral turpitude."
Online: To read the indictment against Steve Castaneda, go to uniontrib.comimore/castanedahldict
[illustration]
1 PIC; Caption; Prosecutor Pa\ri(:k O'Toote (right) spoke yesterday at the arraignment of Chula Vista City Councilman
Steve Castaneda (center). At left is Castaneda's attomey, Mate Carlos. [E.arnie Grafton I Union-Tribune]
Credit: STAFF WRITER
Reproduced with permIssion of the copyright ownef. Further reprOduction or distribution Is prohlbited without PElrmisslon.
Abstract (Document Summary)
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--.-....--..---.,.---....,..---.---...--...---'-"---
[Steve Castaneda] didn't report the $30,000 he received from the sale until after "he was caught by lhe media,"
O'[Tooie] said, eddlng that "transparency and full disclosure" are vital 10 the democratic process,
O'Toole emphasized that his office is nonpartisan and said, "Nothing was done to hurt him polltlcelly." O'Toole said his
Investigations began after Castaneda's unsuccessful run for mayor in June 2006.
The Indictment alleges that Castaneda lied when he said, "I was not planning to buy a condo there." It also allegas that
Castaneda lied when he said, " ... when I rented the apartment, I was told that I would not be eligible for any benefrt or
any relocation fees or anything."
Reproduced with permission of the copyright owner. Further reproduc.tiOr1 OJ distribution is prohibited without permission.
8/1612007 t: \ 0 p~
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Virtue club list is short - just ask Dumanis
1ie:l;!_IlI. @G!l...... _ @~_r_ (i~. --,_.....
UNION-TRIBUNE
July 11,2007
GERRY Given the behavior of some of our elected officials, it's
BRAUN nice to know that a few politicians in this town remain
pillars of moral rectitude.
Three, to be exact. Let's call them the Axis of Virtue.
They are San Diego Mayor Jerry Sanders, Sheriff Bill Kolender and
District Attorney Bonnie Dumanis. Each is beyond reproach,
whistle-clean.
Says who? District Attorney Bonnie Dumanis, that's who.
I learned of the Axis of Virtue only this week, when Dumanis and I
met for lunch. True, about 40 other people were in the room. But for
a short time, it felt like just the two of us.
Dumanis had invited the media to meet with her Public Integrity
Unit, which recently secured an indictment ofChula Vista
Councilman Steve Castaneda on charges of concealing income and
lying under oath.
Nobody loves public integrity more than I do, so I was happy to join
the party.
Not surprisingly, the members of the Public Integrity Unit didn't
want to talk much about the details of their work. They like secrecy
so much that, although the unit formed 13 months ago, the public
wasn't told until March.
Give Dumanis credit for making this work a priority. Ferreting out
public corruption is a serious business that can make lifelong
enemies of powerful people.
Her predecessor, Paul Pfingst, did little along these lines, perhaps
heeding the lesson of his own predecessor, Ed Miller, who
prosecuted Mayor Roger Hedgecock for election code violations.
52A
radio gig from which Hedgecock would help to drive Miller from
office a decade later.
Ever diplomatic, Pfingst once tried to get the state attorney general
to take over a case against a public official by saying it would be
improper for him to prosecute a campaign contributor. I suspect
contributions came rolling in after that.
Anyway, getting back to the Axis of Virtue.
Early in our lunch, we learned that Dumanis does not want anyone
to think political considerations influence the Public Integrity Unit.
For that reason, she has sworn off endorsing fellow politicians, or
seeking their endorsements.
At which point a certain columnist recalled that, just three weeks
ago, Dumanis stood behind Mayor Sanders as he declared himself
innocent of wrongdoing in his mishandling of the Sunroad issue.
So I meekly raised my hand and asked Dumanis why, if she feels
that endorsements send the wrong message, she endorsed Sanders'
honesty in the middle of a political crisis.
"Jerry is somebody I have known for about 14 years," she said, "and
if any investigation was to come to this office regarding Jerry
Sanders it would have to go to the Attorney General's Office. So I
felt comfortable standing up and vouching for the integrity of Jerry
Sanders. "
She added: "I would stand with him today, and I would stand with
him anytime."
It struck me that a statement like that is much better than a simple
campaign endorsement. I'll be shocked if it doesn't appear on a
Sanders mail piece next year. By reprinting it here, in fact, I'm
probably doing more to help his re-election than all the public-
relations wizards on his office payrolL
Next I asked if Dumanis' effusive regard for Sanders would also
prevent her from investigating his staff, for fear that the public
would doubt the sincerity of her prosecution.
Durnanis said she'd prosecute his underlings - "unless it was
somebody who might be in his inner circle. I think that would go to
the Attorney General's Office."
52A
How big is that inner circle, ] wondered? I'd guess it's bigger today
than it was last week.
Though fearful of monopolizing the lunch,] pressed on: Were there
other public officials whom Dumanis holds in the same high regard?
"] hold a lot of people in regard," she said, "but] don't know. . . that
] wouldn't want to do their investigation."
She thought a while. "Probably Kolender. ] wouldn't do an
investigation of him."
] shouldn't have been surprised to hear the sheriff's name, given his
emeritus role as the county's Godfather of Law Enforcement.
Yet upon reflection, the "probably" should have sparked my
curiosity. Does Dumanis know something about Kolender that
prompted this momentary hesitation?
Oblivious, ] continued: Does anyone on the Board of Supervisors
warrant such esteem?
"No," Dumanis answered crisply.
Her tone told me there were no more Get Out Of Prosecution Free
cards available.
After lunch, Dumanis approached me with a follow-up thought: She
hoped] would not misconstrue her comment about the county
supervisors - who, incidentally, approve her office's budget - as a
disparagement of their honesty.
] assured her] would not.
After all, the Axis of Virtue is an exclusive club: Sanders, Kolender
and, of course, its gatekeeper, Dumanis herself.
The rest of us can only stand outside and hope that, someday, we
might be worthy of admittance.
.Gerry Braun: (619) 542-4563; !!errv.braunlaluniontrib.com
53
SUB -DiD
FOR COuRl" USE ON!. V
PARTY" WlTl1QIJT ATTORNE,V (NBf1Hj, sum DBr null1/nlr. (100 Otl~J;
on S. MOO1' , SaN 10606
Wertz McPade Wallace Moot & Brower
945 fourth Avenue
San Diego, C$lito.rnia 92101
me,"o.~.o.' 619-233-1000 ",,,"0./""""''''. 619-696.9416
.....,,_....\""""'" jmoo1:!!lwert"fficdac!e. com
ATTOI'l.EV~OO'.'""J' Patricia Davis, Patricia Chavez, Kevin
SupeRIOR couRt' OF CJ\UFORNIA, COUNlY OF $,.0 Diego
sml!l!l""""E..' 500 Thh'd Avenue
MA!}.lfllG ADDRESS:
CllYA.DZIl'OQD~ Chul$ vista, California 91910
._..""""', SO).l1;I1~,___.
PLAINTIPFiPIrtI1'IONER' patricia Oa"is, l?atriCia Chav,~z,
Kevin O'Neil, Marshall compton
OEFENDANTIi<ESPONOENT: Micnelle Townsend, et ai.
DEPOSITION SUBPOENA
FOR PRODUCTION OF BUSINESS RECORDS
CAGE NUMBER;
31-2007-0063119-CU-WM-S
TH E PEOI'LI! 01' THESTA Tl! OF CALIFORNIA, TO (name. address. and telephone number of deponent. If known):
William Baber, Treasurer, Chula Vistans for COllll1Iuni.ty !.npl1t, 8130 La Mesa
BOl1levard, Sl1ite 202, La Mesa, California 91.941, 619-690-4333.
1, YOU ARE ORDERED TO f'ROOUCE Tl-!E 15USIN~S RIiCORDll cll!ll<;rlbed In Item 3, a~ folloWS:
T~me ofdeposilion OffICer): June,' s Attorney Ser"i ce
On (date): July 26, 2007 At (time): 9: 00 a.m.
LoOatlon (aad/lil$s): 6130 La, Mesa. Bou1eva.rcl. Suite 202,_ 1,a Mesa California, 91941
00 not release the requll&llld ",com to the depO$itioll om~r prior to tI'Hl date alld time stated above,
.- .
s, r '-1 by delivering a tnJe.llilgible. and durable copy of the busineSS records described in Ilem 3, enclosed In a seallKi Inne,
wrapperwilh the title and number oftlla actlO11, name ofwlllle.s, and date of sMbpoena cleartywritlen on n, The inner
wrapper shalll11en be enclOSed In an outer envelope or wrapper, sealed, and mailed 10 the deposition offiCer al the
address in item 1,
b, D by dellvenng a trUe, legible, and durable CDPY olthe businss& records dMerlbed in item 3 [0 tile deposition afflcer at the
wUness's address, On fIlOl!ipt of payment in ""sh Of by check of the reasonable costs of prepenng the copy, .. determined
under Evldence Code $eotion , 663(b},
C, []J by making the original business records desMbed In Ilem 3 awTIable ror inSPlilction at your business add,ess by the
allomey's reprelientliltive and pe<millill9 copying at your business address und'" ressonable conditions during normal
business haurs,
l, TMl reoords are to be PfOduCild by lI1a dete end time shown In Itam i (but not sooner tllan 20 oays aller the 1.$ueMa of the
depasirion Ilubp06ns, or 15 days afIBr SIlIYI.a, whlchawf date i. latar), R.e$Oflllble oosts of locating records, makittg them
av.I'able IJfccPylng them. end postllPE\, If any, are lllaovB/'llbl. as....r fOrth In Evid&nr.e Oode sool/on 15!i3(1)), The ...Cords she/l be
accompanied by an atlidavit of 111. C<Jlf/OCIlan or Illl1er qualmed wIlMes j)ulllUant to !:vldence Code $ecUon 1561,
3, The rGoonl5to be praduced are de5crlbed as follows: See ^-,;tachmel1t 3,
ClD Continued on Attaohment 3,
4, IF YOU HAVE BEEN SERVeD WITH THIS SUBPOENA AS A CUSTOOIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER
CODE OF CIVIL PROCEDURE SECtiON 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS ElEEN
SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARnSS, WITNI!SSES, AND coNSUMER OR EMPI.OYEE
AFFECTEP Must BE OBTAINED BEfORE YOU ARE RIliQUIRED to PRODUCE CONSUMER Oft EMPI.OYEE RECORDS.
DISOBEDIENce OF THIS SUBPOENA MAY !!IE PlJNIStiED Afl CONTEMPT BY THIS COURT, YOU WILL ALSO BE UABLE
FOR nIl?: SUM OF FIVE HUNDRED DOLLARS AND Al.L DAMAGES RESULTING I' OM YOUR FAILURE TO OBEY"
Dete issued: July 9, 2007
,lg)'ln S_ !IIOO1:
rrvPE oR PRlMT mMEl
..
a1M'.2
COCkIclCi'llllll'rlMl8Clu<<l,H2il2Q:'i1o-lo2C.44tl.
eM! CadI!. ~ 1!it1l}(8),
GlWl!I'r'l1l'll'l1'ol cudt\ l8B0Q7 1
POl'ft1 AUoptoQ fw Mandllt'fl UP
JIi$GllOlC~oIClllMtlfniD
t1UUl"4l10 I""" Jllnu8l)' 'l. l/lW71
(PIVDf of iteNice on
DEPOSITION SUBPOENA FOR PRODUCTIONS
OF BUSINESS RECORDS
-- - --~ ----
-------~------
L ?'-~WTIFF'?ETiTIONER: Pat.rioi", Davis, Patricia Chavez,
I :<evin 6' Neil ( Ma;rshall COltlptl,n
i Q~FtNDANTIRES~OND~N", Michel.le T"wll""nct, ,,1: al.
PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR
PRODUCTION OF BUSINESS RECORDS
__'__o
SUBP.1l10
CASE NUMIl~
37-2007-0063119-cn-WM-S
1. I served this Ooposlt/en Subpoena lor F'mduotiDn of BUB/MSS Records by pel'llonally delivering a copy to the person served
as follow$:
a. Person seNe(i (name):
1>. Allures. wnere s/llrved:
C. Date Of deHvery:
d. Time of delivery:
e. (1) c-1 Wl!ness fees w..re paid
Amount: . . $ ___
(2) -....; Copying fees were patd,
,~mount: . $ __.__
f Fee for se",lce. . . .
..... .$
2. I received this sul>poena for service on (date):
3. P~f$Qn ~enling:
e, C .I Not a legiatered California process s6rver.
b. 0 ~Iifomi. sheriff or me...hal.
c. 0 Registered California proCllSS .erver.
d. n Employa& or independent COntractor of a registered California process .arver.
e. D Exempt from registratlon under Business and Professions Code section 22350(b).
f. 0 ~agi5tered professional pholllcopier.
g. 0 Exerop! from registration under Bus!n..s and Professions Code section 22451.
h. Nama, addre.., telephone numl>er, afld, If applicable, oounty of registraUon and number:
I declare under penalty of perjury under the laws of me State of
California that the foregoing is true and corre~,
(For California sheriff or ma...11a1 U$e only)
I certify lhat the fore90ing Is true and correct.
Dal$:
Date:
.
..
iSIGNATtJR1!)
{lUGNP\TURE:}
sIJap-mOfRo\o JSnUlliy 1. :!OO?)
Pagtl:lo12
PROOF OF Se~VICE OF
DEPOSITION SUBPOeNA FOR PRODUCTION
OF BUSINIi:SS RECORDS
nr-ONo,t 14'" f,O\1I-
53
DOCUMENTS TO BE PRODllCED BY wn.LIAM BABER
PURSUANT TO DEPOSITION SUBPOENA FOR
PRODUCTlON OF BUSINESS RECORDS
] , Copies of any and all checks andlor writt.en records for monies received by the Treasurer
for Chula Vistllns for Commllnity Input ("CVCP')fi'om October 15,2006 to the present.
2. Copies of any and all checks provided to William Baber as 1'l'el\slln".f for Chula Vistans
for Community Input from either Earl Jentz, Karen Jentz, or Balboa Realty.
3. Copies of any 1l11d aU checks or other written documentation evidencing payments made
by Chula Vistans for Community Input to the La Jolla Group.
4. Copies of any and all contracts, agreements, letters, correspondence, emails" or other
docurnenllltion evidencing wy agreemel1tbetween Chula Vistll11S for Community Input and the
La Jolla Group for purposes of work performed by the La Jolla Group for Chula Vistans fOt
Comm!1l1ity Inpm.
5. Copies of any and aU con1l'llcts, agreements, letters. correspondence, emllils, or other
documentation evidencing any agreement berween Chula VistllllS for Community Input and the
Campaign Services (10326 Park AVCllue, Santee, Calif(lrnia 92071) for purposes of work
pel1brmed by tne Campaign Services ft!' Chum Vistllns fot Community InpUt.
6. Copies of any and all checks written by Chula Vistans for CommunIty Input and/or Earl
Jentz, Karen Jentz or Balboa Realty to La hens-a Sail Diego.
7. Copies of any and all cheeks written to Earl Jentz, Karen Jentz, Balboa Realty and/or to
Publica Press (P.O. 8m' 2475, Spring Valley, California 91975).
8. Copies of any and all documents, flyers, advertisements, and/or other written materials
prepared by Publica Press and/or Campaign Services.
9. Copies of any and all correspondence, emaHs or memorandum of any communication to
you regarding or relating to The Petition For Submission To VoteTS Through Protection Of
General Plan For Voter Approval Of Certain Changes And Designation Of Height Limits in the
City of Cb.ula Vista ("The Petition"}
1 1 84598v1l573I_J
._-"..__.__.-.~----_._--'--_..,._-
mscript sheds light on Castaneda lIlvcsnganon - l::HeU,..IUL>"lLi.lJ'''''b~''''~m
54
Transcript sheds light on Castaneda inli'&stigation
[S,F,R Ediffon]
The San Diego Union. Tribune.. Sen Diego, Caiil.
Author: Tanya Mannes
Date: Jul 21, 2007
Start Page: B.4
SectIOn: LOCAL
Text Word Count: 435
......"..--.-..",,----.-...'. ....,.-...."'..--....-....-..---..-....,-.-........--.'''----.'"...._....__......._-,,--_._."..,...._..,....~......-_...._.....--'-- .
Document Text
Editions very
CHULA VISTA.. prosecutor Patrick O'Toole spent a year investigating whether Chula Vista City Councilman Steve
Castaneda used his office to receive special treatment whiie he was renting an apartment in Sunbow Vilies, a complex
that was being converted to condominiums.
O'Toole found no evidence that Castaneda committed a crime.
But O'Tooie, who heads the District Attorney's Public Integnty Unit, secured a grand jury indictment 01 Castaneda on
perjury charges lor allegedly lying about whether he thought about buying one 01 the sunbow condominiums.
On JUly 5, Castaneda pleaded not guilty to 13 lelony perjury counts and two unrelated misdemeanor counts related to
omissions on his economic Interest statements, which all elected officials must file.
Details 01 O'Toole's Investigation came to iight yesterday, when the 1,2OQ-pege grand jury transcnpt was unsealed.
The perjury charges stem lrom when Castaneda answered "no" when asked several times during sworn testimony il he
had thought about buying a condominium.
At least one wilness testified that Castaneda asked about the pnce of a condominium, according to the transcnpt.
O'Toole said he believes that indicates Castaneda wanted to buy one, even though he didn't ultimately do so.
In seeking the indictment, O'Toole told the grand jury that he looked into.. and ruled out .... allegaDons that Castaneda
did favors for the Sun bow developer, Ashok tsrarli.
ReSpOnding to a question from one of the grand jurors, O'Toole said, "I'll go right out here and say it: I do not have
evidence that Mr. Castaneda lived there free and then gave official benefits lor doing that or anything like that."
O'Toole told the grand jury that the charges are not related to Castaneda's residency, but about "lying about the lacts"
dunng an Investigation.
Castaneda's apartment In Sunbow Villas became a political issue leading up to the June 2.006 primary, with some
tenants blaming him for holding up the condo conversion. Castaneda was running for mayor, challenging then-Mayor
Steve Padilla.
The City Council questioned whether Castaneda's tenancy created a r.onfllct 01 interest. At the tima, Castaneda
accused Padilla of setting hitTlllp by convincing Israni 10 make him eligible for relocation benefits.
At the cily's request, state Attorney General Bill Lockyer welghad in on the issue, Lockyer Issued an opinion In August
2006 in which he cleared Castaneda 01 having a conflict of Interest.
Castaneda's attomey, Mate Carlos, said the grand jury transcript bolsters his delense because O'Toole acknowledged
no crime was committed.
''There's a huge issue 01 matenality; Carlos said. "Mr. O'Toole is trying to charge Mr. Castaneda lor things he thought
about that were legal anyway."
Credit: STAFF WRITER
Reproduced with permiSsion of the copylight owner. Further reproduction or distribution is prohibited wUhout permission.
Abstract (Document Summary)
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1 of2 8/16/20071:11 PM
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55
55A
,
WERTZ McDADE WALLACE MOOT BROWER
LMV'l't'R',; ! A 1>!~(lI~ESSIONAL CURl'ORAT]!),\)
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1H.1i,u,A.Ro~C!i fu:~"..<X~Mkhill!1
),lhn H. SI~ph"N E"~ll S. R,,~kh
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John Il.o5!Wel\?; Adm!nL.tWOI
PlUllel~l.4wlcnWu..:,n .n.-dMohody.....
August 3, 2007
Ann Moore
Cit)' Attorney, City of Chula Vista
276 Fourth A venue
Chula Vista, Califorma 9191 0
Susan Bigelow
City Clerk, City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Re: California Public Records Act Request re ProDosition C Charter Amendme.nt
Dear Ms. Moore and Ms. Bigelow
Please let this letter constitute a request pursuant 10 the California Public Records Act,
California Government Code Section 6250, et seq., and specifically, Section 6253, for cC11ain
public records identified herein.
Our finn has been retained by a c.lient to examine whether the Proposition C Charter
Amendment is in conflict with the stale's general law. California Constitution Article Xl,
Section 7, allows cities and cOW1ties to enact and enforce local ordinances so long as they are not
on conflict with the state's general law. A conflicting ordinance is preempted by state law and
thus void.
Recently, the California Supreme Court in 0 'Connell v. City of Stockton (2007) WL
2127704 (Cal.) addressed the issue of preemption striking down two local ordinances which
were preempted by specific state laws. ln light of this recent decision of the California Supreme
Court initiated by a city tax payer seeking declaratory and injunctive relief, I would like to
review cel1ain public rec.ords with respect to the Proposition C. Specifically, I would like to look
at the actual Proposition which was submitted and voted on as well as how it has been codified
into law. Additionally, I would like to look at all memoranda and supporting docwnentation
provided to either the Mayor, City Council, Cit)' Manager, Planning Directory or Head of
Community Development, which discusses the legality of and/or implementation of Proposition
C including whether or not Proposition C might be preempted by state law and/or Article Xl,
Section 7 of the Califomia Constitution, and/or not legally binding on the Chula Vista
Redevelopment Agency. This should include, but not be limited to, any agenda packet(s)
provided to the Councilor Redevelopment Agency as well as any letters or memoranda which
address the legality of or implementation of Proposition C either from any private attorneys who
submitted letters or memoranda offering a legal opinion with respect 10 Proposition C or
.
! 445 F(lurtn .~\'en\.l€:, SoJn Diego, C<l\iinrni" 92101
l1S6162\'l/liKJO-JSM]
1 Td'~F'bone 619-233-1888. F;:Jc:;imi1~~ &19-6%-9476 . ",,'ww.wert_zmcd~de.C(llil
I
55A
Anl1 Moore
Susan Bigelow
August 3, 2007
Page 2
mem<lr'Ulda by legal counsel for the City of Chula Vista. To the extent that the City Attorney's
office prepared any memoranda as to whether Proposition C was legal or pre.ernpted by state law,
or not binding on the Chula Vista Redevelopmel1t Agency, such memor3l1da is also requested.
To the extent that any legal opinions or memoranda prepared by the City Attorney is not
produced under all attorney-client privilege, I would request that the lUlder the applicable
provisions of the Brown Act, you present this request to tbe Mayor and Council and ask that they
waive lhe attorney-client privilege for such memoranda. Proposition C was enacted in 2006 and
tberefore releasing such memoranda would not divulge or expose any legal strategy that might
affect tbe outcome of any vote on Proposition C. At this point and time, especially in light oftbe
O'Connell decision, and the seemingly clear precedent set forth ill Wilson and Beville (1957) 47
Cal.2d 852, 859-8601, the public interest in determining whether certain city ordinances or laws
may violate the Califomia Constitution and be preempted by state law would outweigh the need
to eontinue to keep secret any information that might be useful in analyzing if Proposition C
violates the California State Constitution.
If there are any other documents or memoranda not specifically requested in this letter,
but which with a reasonable and diligent search could be located which touch on or address
whether Proposition C is or is not legal and/or preempted by state law, I would ask that these be
made available as well. I would like to make all appointment to come down and review any of
the responsive documents to this request and will tender payment for any docwnents which I
would like to have copied as part of this firm's legal review of the matter.
If you have any question please do nol hesitate to give me a call.
cc: David Garcia, City Manager
Very truly ours,
S.~
1 In Wilson, the Califol11ia Supreme Court held that a city charter carmot create a shorter
statute of limitations for eminent domain proceedings and struck down the portion of the charter
that attempted to do so as violating Article XI, Section 7 of the California Constitution The
California Supreme Court in its opinion stated "The exercise of the power of eminent domairl is a
matter of state wide concern) not a municipal affair, which cannot be abrogated by a
municipality; it must be exercised in accordance with state law.'! Id. at p. 859.
B
WERTZ. McDADE WALL."C~ MOOT BROWER, APC
ljB6262vIIlOOO-JSt,.{j
LA.t'\lY!:::J~~
56
57
http://chulavista.granicus.com/Viewpublisher.php?view_id=2v
August 14th Meeting - Item 16
~-
58
i! s:rJ"l. MM<
EVENT DETAILS ~
Lcogiil
Community> Eve-'1t Del:.1lils
)r Events
Chula Vista Mixer & Fundraiser
Wed Oct 24, 2007 5t30 PM
Lincoln Club of San Diego County
Chula Vista Mixer & Fundraiser
October 24, 2007 - 5:30 to 8 PM
Chula Vista Mixer &: Fundraiser
Please jOln Lincoln Oub Members and special guests Ch:ula Vista
Mayor Cheryl Cox and Chula Vista Councilman and State
Assembly District 78 Candidate John McCann. Hosted by Lincoln
Club ""'embers Dan Hom. Jim Pieri, arid Kevin OYNeHI.
Wed nesday I October 24
5:30-8:00 PM
MountalnWest Real Estate
333 H Street, Suite 6000
Chura Vista, CA 91910
Please RSVP by October 17 to Ashley Aluisi:
ashlev@sdlincolnclub ora.
Register Online Now!
Presented ~'''.
";""~
.Mi,.
, ,'vVEST
Ll
FoUowin~ the leadershi~ ~nd dit'&ti~n of founder Jim Pieri. MOUNTAfNWESTh15s
seen phenomenal Srowth in the last S years. With the opening of its new-est:
buildings, the Gateway Chula \ista ComplEX. MOUNTAlNWEST is prepared for the
fUbJre.
MOUNTAIN WEST Real Estate isa!lefmlting 2:5 years in commercial rea! estate.
From Its beglnning NDUNTAJNWEST has offered services in commercial ~ngJ
pr-operty and asset manag~t, and commercial construction management. The
focus for MOUNTAlNWEST development and lTiaNlgeiTle'nt in San Diego County b
primarily Within the South Say, North County, and San Diego Coastal areas.
Location; MountaJnWesf; Real Estate
~!~
-t-
~
CITY Of
CHUA VISTA
:: Protecting Chula
Vista's Future::
Lincoln Club goats incfude...
.. Support fiscally
~sponslble, pro-economic
candidates for Chula Vista
City CDuncf/
'" Influence the 7/itth
Assembly campaIgn
'" Continue its advocacy
efforts In ,support of the
Gaylord Convention
Center project
'" Playa leadin9 rOle In the
effort to defeat a local anti-
<Ievelopment in!tiatlve'~
a measure to create
an ~ City Attorney
<!to-
1lI--
CotltactA.dministratot
Lincoln Club
~.lrSPDFl
ClI&lnnan
Mike-Turk
Vk:;e~Chaln;
Steve Francis
&11 Lynch
01,"""",
AIel': Barton
Linden Blue
Fred Borrelli
Karen Boudreau
John Campbell
GMdoo Carrier
Ami CUne
Perry Dealy
Jtm FiUpatrick
Mindy Fletcher
Bob Hau.m
ttourosh Hangl!lfarin
Robert Hert:zka, M..O.
Dan Horn
Nary Humphrey
GUy larmw:zl
Bryan Min
Edward Mracek
Michael. Pattlmon
Ooui5ein
Steve- Wl1liams
JuUt Ueier WriBflt
Put Chairmen
Larry Richman
D.....Roth
A!l.an Royste-r
Bob Walldm
Executive DtrectDr
T.J. lane
rt1M~lincolndub.bf~
PDlitk.al Director
Joshua RarnIf1!Z
lmflu;lt4t<;rlHnrnlndub ern
Ewnb Coordinltcx"
As.ttIfyAluisi
xhl~"'linninnllb OIV
The Lincoln Club of San Dieoo
7EL: (c'.9~ 32: :9~1 i FA):"" (S~,E'
58
login
Board of Directors
"'-""'byC-
. P.O. Sox 12664 La ];oHa, tA 92039
. EHA.JL';
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~-.G<f-:: ~>nCCi:nC-L;:: .(;'9
Chula Vistll Municipal Code
59
~
1.08.010
Chapter 1.08
ClTY SEAL*
Sections:
1.08.010
Officiall1nd pictorial - Authorization
for commercial use required.
. For stlltmoryprovisions requiring that the city clcrk
be the custodian of the city seal, see Gov. Codc
940811.
1.08.010 Offi.cial and pictQrial-
Autnmization fQr ellmmercilll use
required.
A. The official seal ofthe city shall be circular,
shall have a diameter of a size appropriate for use
on official city documents, and having in the center
a design. described 3$ a sun ris.ing in the back-
ground over a grid pattern of city streets with a sail-
boat in San Diego Bay in the foreground and the
following inscription surrolmding the same:
CITY OF CHULA VISTA, CALIFORNIA.
B. The official logo of the city shall be of the
same approximate design as the official seal of the
city, 3$ adopted by the city council fTorn time to
time, and may be used on all documents pertaining
to the business of the city.
C- No person or pcrsons sha.1l use or allow to be
used any reproduction or facsimile or any pur-
ported reproductio.n or facsimile of the official seal
or official logo oftbe city, Or any other official seal,
logo, insignia, emblem,. or symbol of any city
agency, department, office, board, or commission
maliciously, or for any commercial purpose unless
previously authorized by the council. (Ord. 2278
~ 1, 1988; Oni J 208 9 1, 1969; prior code ~ 1.I 2).
1-7
60
Newspaper: UNION-TRIBUNE
Date: Sep 15, 2006
Day of Week: Friday
Edition: S
Section: LOCAL
Page: B-1
Length (in lines): 684
Headline: State lets Castaneda vote on condo bid I Conflict of interest in measure called 'remote'
Byline: Tanya Mannes
Credit: STAFF WRITER
Town: CHULA VISTA
Keywords: CALIFORNIA. CHULA VISTA. ELECTIONS. ETHICS. HOUSING. LAW. PROBES.
[Go To Best Hit]
CHULA VISTA -- The state attorney general has weighed in on a
controversy involving Councilman Steve Castaneda, who lived in
an apartment complex while the owners sought council approval to
convert the buildings to condominiums.
A final vote on the condominium conversion for Sunbow Villas, at
750 East Naples Court, was originally scheduled for March 14.
The council postponed it to allow for an investigation into
whether Castaneda had a conflict of interest and, if so, whether
that conflict would prevent other council members from voting on
the project.
Attorney General Bill Lockyer's op1n10n on the matter, issued
Aug. 25, states that a council member's tenancy in a complex is
a "remote interest" that shouldn't prohibit the City Council
from voting on an issue affecting the complex.
Lockyer states that the council "may execute the subdivision
improvement agreement while one of its members is a tenant" as
long as the landlord-tenant relationship is disclosed. Further,
the council member can receive general relocation benefits as
long as the council member doesn't vote on the agreement, he
states.
Castaneda said in an interview that he felt vindicated by
Lockyer's opinion.
60
"The attorney general just corroborated what I knew all along
that I did nothing wrong," he said. "I have a right, the same as
any other citizen of Chula Vista, to rent an apartment."
The conversion delay became an emotionally charged issue leading
to the June 6 mayoral primary as buyers blamed Castaneda for
holding up their purchase of the homes when he moved into the
complex.
Castaneda was running for mayor against the incumbent, Steve
Padilla.
Castaneda has publicly blamed Padilla for the Sunbow conversion
delay, alleging that the mayor orchestrated the conflict-of-
interest probe as a political move.
In the election Padilla placed second, qualifying him for the
runoff election Nov. 7; Castaneda came in third.
Padilla and Castaneda had battled over whether the council could
vote on the condo conversion. Under certain conditions of the
state government code, if one council member stands to benefit
from a vote, other members are prohibited from voting on it.
City Attorney
Lockyer.
Ann Moore requested the outside opinion from
At issue was a $1,000 relocation allowance for tenants of
Sunbow, which has 202 apartments. Castaneda said he moved into
the complex too late to receive the $1,000, under the original
version of the conversion agreement.
The council voted in March 2005 on tentative approval of the
condo conversion, which was before Castaneda had moved in. He
said Padilla's office later revised the agreement. Castaneda
said the change extended the $1,000 moving allowance to all
tenants, including himself - thereby creating a conflict of
interest for him and triggering the inquiry by the city
attorney.
60
Padilla denied the accusation that he orchestrated the condo
conversion delay, answering "absolutely not" when asked whether
his office changed relocation benefit terms.
"I think there was a difference of opinion as to what the
tentative map conditions were at the time it was approved,"
Padilla said. "My office worked with the city attorney and
planning and building on behalf of residents at the time to get
some assurance they would get their benefit."
Castaneda provided copies of internal city e-mails regarding
Sunbow. The documents indicate that a city staff member
complained to a supervisor that the mayor's office was getting
overly involved in negotiating the Sunbow condo conversion
agreement. The e-mails were exchanged in November and December
2005, after the initial vote and a few months after Castaneda
had moved in.
Padilla declined to comment on the e-mails, saying he wasn't
aware of them. Castaneda, who lived 11 months in Sunbow Villas,
said he never sought or received relocation money.
"It's very sad that the property owner and the citizens who
bought homes were dragged through this delay needlessly," he
said.
In the meantime, the company doing the conversion, Pacifica
Sunbow, sued the city over the delay. San Diego Superior Court
Judge William Cannon ruled July 19 that the project could
proceed because preliminary plans had already been approved, and
the council had missed a deadline for the final vote.
End-of-Story
61
voice of san
GOVERNMENT
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Horn's Trouble Started at Nordstrom Rack
How a shopping trip, afew meals and shoddy bookkeeping landed the county
supervisor on the radar of the state's campaignfinance watchdog.
By ROB DAVIS Voice Staff Writer
Thursday, Oct. 18, 2007 I With a televised campaign debate approaching, Supervisor Bill Horn
needed a suit to wear. His suits were either blue or gray, and his advisors wanted him in black. It
was June 2001, and Horn's 2002 reelection campaign was gearing up.
Late on a mild June afternoon, Horn went to
Nordstrom Rack in Mission Valley in search
of a discounted suit. He wanted something
cheap, he later told an investigator. He
settled on a $200 Kenneth Cole suit, size 50,
and a $90 pair of brown trousers.
He charged the garments to his American
Express and tucked away the receipt in an
envelope. The total bill came to $318.69.
Within a month, Horn's reelection committee
paid the credit card bill. Horn later submitted
the receipt to the committee and was again
reimbursed.
Not only had Horn's reelection campaign
paid for the suit, it had also reimbursed the
Republican supervisor directly for the same
suit. He ended up with a free new suit, a free
new pair of pants and an extra $318.69,
courtesy of campaign donors.
The shopping trip was among several
questionable expenditures that eventually
surfaced when the state Franchise Tax Board,
which collects taxes from residents and businesses, conducted a random audit of Horn's 2001
reelection campaign. Horn received double reimbursements for almost $1,200 in meals and
clothing. The audit revealed dozens of other accounting mistakes. Horn did not dispute most
mistakes, later blaming some on a stolen briefcase, others on sloppy bookkeeping, a job that he was
performing for his campaign.
But the audit was just the beginning of a string of troubles for Horn. When it was completed, the
Franchise Tax Board sent the concise four-page report to the Fair Political Practices Commission,
the state agency responsible for enforcing state campaign finance laws. An investigation was soon
launcl1ed.
The hundreds of documents the FPPC generated during its two-year-Iong inquiry offer a glimpse
into the case against the local supervisor, the multitude of mistakes Horn made and why he ended
up reimbursing the people of California for -- among other things -- a $140 meal at Ruth's Chris
61
Steak House.
The documents pull back the curtain on a murky side of campaign finance: How donations are
spent. Horn's donors replaced a tie he stained with egg during a campaign-related breakfast. They
paid for what he remembered as an $80 golf lesson designed to keep him, a non-golfer, from
looking foolish in a tournament.
The investigation ultimately led to a $12,851 fine against Horn for violating the state's Political
Reform Act, legislation designed to make political campaigns transparent. Though the settlement
with Horn included the fine, it was much less than an $80,000 penalty that had been threatened.
In the end, the FPPC case directly fined Horn just $851. His reelection campaign paid the $12,000
majority, as well as the bill for $41,000 in legal fees from a San Francisco election law firm.
Conflicted Interest
The first hints that Bill Horn was on the Fair Political Practices Commission's radar came in late
March 2006. Horn was in the midst of a bruising reelection campaign against former Assemblyman
Bruce Thompson.
Ian Trowbridge, a local activist, revealed that Horn had failed to disclose $349,000 in income from
his chief of staff, Joan Wonsley. She gave the supervisor -- her boss -- the money as a down payment
on a Carlsbad home he owned. At the same time, Horn had increased Wonsley's salary 45 percent
between 2000 and 2005, putting it on par with other supervisors' chiefs of staff.
While county ordinances required Horn to make salary decisions regarding Wonsley, state law also
required him in annual conflict-of-interest statements to disclose the money Wonsley had given
him. The disclosures are mandated by state law, a tool designed to insure that politicians don't make
decisions from which they can benefit financially.
When media outlets began reporting on the Horn-Wonsley connection, Trowbridge told reporters
that he'd filed complaints with the Fair Political Practices Commission. Trowbridge sent two
complaints to the commission -- among five it received about Horn between 2005 and 2006.
What neither Trowbridge nor the public knew then: Horn was already under investigation and had
been for more than a year. In fact, an FPPC accounting specialist had interviewed Horn two months
earlier regarding the campaign audit.
That interview took place in January 2006. Six months after the Franchise Tax Board audit landed
on his desk, FPPC accounting specialist Bob Perna flew from Sacramento to San Diego to talk to
Horn. The supervisor cleared his calendar for the day.
Perna showed up in Horn's third-floor bay-front county office at 10 a.m., speaking simultaneously
with Horn and Wonsley. Back then, the Horn-Wonsley housing connection had not yet been
uncovered. Perna focused only on the irregularities in Horn's 2001 campaign: The questionable
expenses and double reimbursements.
The interview summary and details in the FPPC's investigative me offer a window into a rarely seen
aspect of campaign finance.
Look at a campaign's quarterly reports and you should find the name, employer and title for donors.
But how that money is used -- and what constitutes a campaign-related expense -- is murkier.
Example: Horn spent $43.85 in campaign funds on a new tie, despite state prohibitions against
buying clothing. He told Perna that he was in Sacramento meeting with members of the Legislature,
hoping to get endorsements. At breakfast with legislators, Horn spilled egg on his tie. So he went to
a store across the street from the capital called Vanini European Tailor and snagged a new one.
Example: Horn spent $80 on golf. He told the investigator he may have paid for someone else's
round, or "maybe he was practicing for a tournament so he would not embarrass himself because he
does not play golf."
Anyone studying Horn's campaign finance disclosures would not have seen the items, only an
American Express bill.
61
Making things murkier: The FPPC said Horn didn't disclose all the required information from his
donors. His finance records didn't provide full information -- including their employers or
occupations -- for 37 donors. In an early draft of a settlement offer to Horn, the FPPC dubbed his
errors "abundant and serious," threatening an $80,000 fine.
At the end of his three-hour interview with Perna, Horn apologized for his sloppy bookkeeping.
"Before the audit they did not pay any attention to the State [campaign finance] rules because they
have such restrictive County rules it was all they really paid attention to," Perna wrote in his
interview summary.
Two years later, those state finance rules would cost Horn more than $12,000.
Whittling Down
When the Fair Political Practices Commission first threatened to fine Horn, the tab was $80,000 for
20 counts.
Horn responded in November 2006 through his San Francisco-based attorney, Kevin Heneghan.
The attorney characterized Horn's mistakes as inadvertent and the FPPC's proposed fines as
excessive, accusing the FPPC of being "inflammatory." But he did not dispute many ofthe FPPC's
findings, such as Horn's Nordstrom Rack trip or his lack of disclosure on his conflict-of-interest
statements.
The two sides did argue about the Horn-Wonsley connection. The two had signed agreements
agreeing to share ownership of their Carlsbad home. The FPPC requested the documents, which
Horn had refused to release to the media. His attorney fretted that the FPPC would allow them to
become a public record.
Horn's attorney finally sent the documents -- with conditions. The FPPC had to agree never to
release them. The state agency was also prohibited from making photocopies of the agreements.
The FPPC attorney who received the documents refused the conditions. "If we are unable to settle
this matter, please note that the FPPC may subpoena the Agreement," the state attorney replied. He
returned the agreements without photocopying them.
But during the next few months, Horn's attorney and the FPPC worked toward a settlement and
Horn ultimately signed it in July 2007. His campaign had to pay $12,000 and he had to write an
$851 check to the state's general fund, a reimbursement for nine meals he ate in early 2002 for
which his campaign had improperly reimbursed him.
In the settlement, Horn acknowledged that he had failed to disclose the $349,000 payment from his
chief of staff and rental income from tenants of an Escondido apartment he owned. He agreed to
four charges related to the campaign audit and its shoddy bookkeeping.
The settlement made no mention of Horn's Nordstrom suit or his brown trousers.
Though the shopping trip had been included in the list of violations the FPPC initially lodged
against Horn, it and 13 other violations were left out of the settlement -- a process that happened
behind closed doors.
Roman Porter, the FPPC's spokesman, would not comment specifically on the settlement, but said
the commission tries to settle cases without having to take officials to court, a potentially lengthy
process.
"We try to strike a balance between providing full disclosure to the public and having a punitive
penalty," Porter said, "with an effort to have full disclosure as soon as possible."
Bob Stern, a former FPPC attorney and president of the Los Angeles-based Center for Governmental
Studies, said the Horn settlement -- and the elimination of the other charges -- was common.
"This is very normal," Stern said. "The $12,000 is still a lot of money. It's a significant fine. They
always have a lot more violations. That's what the settlement is all about."
61
Horn no longer works as his own treasurer, having hired an Encinitas firm to do the work.
"The apology was to get and hire professionals to do it," said Wonsley, his chief of staff. "The best
way to acknowledge it is to correct it, and he's done that."
Please contact Rob Davis directly with your thoughts, ideas, personal stories or tips. Or send a
letter to the editor.
Close Window
__""""',....,,~..__.'.m_..~._='"~.=."~_"==.~_..._-==."'
~~l?-
:-~~
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~~~1;;"
ow Of
CHUlA VlSfA
OFFICE OF THE CITY ATTORNEY
October 30, 2007
By electronic mail and U.S. mail
Peter Watry
81 Second Avenue
Chula Vista, CA 91910
Dear Mr. Watry:
This letter is sent to you in response to your letter dated October 18, 2007 to Deputy City
Attorney Michael Shirey regarding use of the City of Chula Vista's seal and logo. You
inquired about an advertisement for a Lincoln Club of San Diego event scheduled for
October 24, 2007 that used the City's logo. You also requested information on use of the
logo.
For your information, use of the City's seal and logo is governed Chula Vista Municipal
Code section 1.08.01O(C), which states: "No person or persons shall use or allow to be
used any reproduction or facsimile of the official seal or official logo of the city, or any
other official seal, logo, insignia, emblem, or symbol of any city agency, department,
office, board, or commission maliciously, or for any commercial purpose unless
previously authorized by the council." By Council Policy 100-01, dated August 6, 1985,
the City Council has authorized use of the City's seal and logo for specific limited
purposes. A copy of that Council Policy is attached to this letter for reference.
The Lincoln Club has been notified of these City provisions, and has been asked to
remove the City's logo from the Club's website and to refrain from using it in the future.
A copy ofthat correspondence with the Lincoln Club is attached. Please let me know if!
can be of additional assistance.
Thank you.
0... ~
Ann Moore
City Attorney
Attachment
AM:cap
276 FOURTH AVENUE. CHULA VISTA' CALIFORNIA 91910. (619) 691'5037' FAX (619) 409-5823
Ii} I'oat.eo......mo.'RecydllclPBpe'
62
~~~
~~~~
~~~~
C1lY OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
BY ELECTRONIC MAIL AND U.S. MAIL
October 30, 2007
TJ. Zane
Executive Director
The Lincoln Club of San Diego
P.O. Box 12664
La Jolla, CA 92039
Dear TJ. Zane;
It has come to our attention that the Lincoln Club has been using the City of Chula
Vista's official logo on its website to advertise an event that was scheduled for October
24, 2007. We understand by your e-mail that you have agreed to remove the logo from
your website this week. We thank you for your prompt response, and ask you to remove
the logo as soon as possible and to refrain from using it or the City seal in the future.
For your reference, use of the City's seal and logo is governed by Chula Vista Municipal
Code section 1.08.010(C), which states: "No person or persons shall use or allow to be
used any reproduction or facsimile of the official seal or official logo of the city, or any
other official seal, logo, insignia, emblem, or symbol of any city agency, department,
office, board, or commission maliciously, or for any commercial purpose unless
previously authorized by the council." By Council Policy 100-01, dated August 6,1985,
the City Council has authorized use of the City's seal and logo only for specific limited
purposes. A copy of that Council Policy is attached to this letter for reference.
We appreciate your prompt attention to this matter. Thank you.
Sincerely,
O-~
Ann Moore
City Attorney
Attachment
AM:cap
276 FOURTH AVENUE' CHULA VISTA. CALIFORNIA 91910' (619) 691.5037' FAX (619) 409.5823
62
SUBJECT: City Identification Program: Use of Seal and
Logo
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
NUMBER
100-01
EFFECTIVE
DATE
8/6/85
PAGE
lof2
ADOPTED BY: Resolution No. 12118
AMENDED BY: Resolution No. 2005-296
I DATED: 8-6-85
HACKr.JUHTNJ)
On August 6, 1985, the City Council adopted a new City seal and a new City logo. On
September 13, 2005, the City Council approved an acceptable alternative version of the .
City logo to accommodate horizontal layouts. These symbols of the City form the basis for i
a comprehensive identification program, which includes consistent use of the City's seal i
and logos. The identification program is intended to present a unified, positive impression
that is readily recognizable.
Proper implementation of the City's identification program should eliminate uncoordinated
or unauthorized representations of the City, such as various graphic symbols, designs,
layouts and colors.
"
To assist with the implementation of the identification program, on September 13, 2005 the
City Council adopted a handbook that provides detailed information on the proper use of
both versions of the logo.
PTTRPO"F,
The purpose of this policy is to provide guidelines for the implementation of the City's
identification program and consistent uses of the official logos and seal.
POLlCY
The City Council establishes the following policy conceming all uses of the City's seal and
logos:
1. Use of the City seal will be limited to specific ceremonial applications such as
proClamations, special certificates, and plaques. Exceptions to this limitation will
require the advance approval of the City Manager or his/her designee.
2. Except for specific ceremonial uses of the City seal, the City logos will be. the sole
identifying symbol used on CitY. stati6hary, signage, vehicles and other items
appropriate for CitY identification.
3. Use of the logos will be consistent City-wide, including size, associated type face
styles, layout, colors and all other related elements, as indicated in the handbook.
62
r COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: City Identification Program: Use of Seal and POLICY EFFECTIVE
Logo NUMBER DATE PAGE
100-01 8/6/85 20f:4
ADOPTED BY: ResolutionNo. 12118 I DATED: 8-6-85
AMENDED BY: Resolution No. 2005-296
4. . Apprnpri::ltl'mp.!';!'; of thi'! 11~i'! of fhp. hnri70l1t::l1 10go will hf! rlp.tp.rminf!1i hy thp. r.ity
M::ln:::lQp.r or hi!';/hi'!r rlf!~igl1p.f!
PROI'FnTTRl1,
1. All proposed uses of the logos and seal will require approval by the City Manager or
his/her designee prior to implementation. Individual business cards, City stationery,
signage and all other materials containing the logos and seal must be in
conformance to the standards of the identification program.
2. The City Attorney will secure copyrights for the logos and seal to protect the City
from their unauthorized use.
,
I
I
.
,.,.
.
,
(
\.._-
63
voiceofsandiegoc J
GOVERNMENT
Close Window
Print Page I
Before Duke, Wilkes Ran Into Other Political
Trouble
The FPPC's 525-page investigative file opens a window into Brent Wilkes' political
operations years before he became a centralfigure in San Diego's homegrown
congressional scandal.
By SETH HETTENA Special To Voice
Wednesday, Oct. 3, 20071 In the fall of 2003, two investigators with California's Fair Political
Practices Commission came to San Diego to conduct a series of interviews related to campaign
contributions by friends and associates oflocal defense contractor Brent Wilkes. The commission's
interest in Wilkes and his company, ADCS Inc., had been sparked by thousands of dollars in
contributions made by his employees and associates to county Supervisor Ron Roberts'
unsuccessful bid for San Diego mayor in 2000.
The Roberts event represented a fraction of the money Wilkes raised for Republicans in California,
Congress and the White House. He collected more than $100,000 for President Bush's reelection,
earning him the title of Bush "pioneer," and hosted fundraisers for Rep. John Doolittle at his
company offices. He served as co-chairman of Arnold Schwarzenegger's campaign fundraising in
San Diego County in 2003. The governor rewarded him with an appointment to the Del Mar Fair
Board the following year.
Wilkes' closest ties were to Congressman Randy "Duke" Cunningham. The two were so close,
prosecutors say, that they sat together in a hot tub in Hawaii in August 2003 with prostitutes hired
by Wilkes. The former congressman is now serving more than eight years in prison after pleading
guilty to accepting more than $2.4 million in bribes, including more than $700,000 from Wilkes,
whose trial on charges of money laundering, fraud and bribery is set to begin this week in U.S.
District Court in San Diego.
Back in 2003, however, the only agency paying attention to Wilkes was the Fair Political Practices
Commission, California's election watchdog. The FPPC's investigative summaries, subpoenas and
correspondence from Wilkes' attorneys, contained in a 525-page file obtained under the California
Public Records Act request, open a window into Wilkes' political operations years before he became
a central figure in San Diego's homegrown congressional scandal.
The FPPC zeroed in on a fundraiser Wilkes had thrown May 31,2000 for Roberts. The event was
held at Wilkes' 5,325-square-foot home in a gated community in Poway, the former residence of
Chargers quarterback Stan Humphries. At the time, Roberts was the presumptive front-runner,
fresh off a big primary victory. The party had been well attended; 500 invitations had been sent out.
A band called Tribe of Judah entertained the guests while they nibbled on catered food and mingled
by the pool. On its quarterly campaign statement, the Roberts campaign reported receiving $5,750
from Wilkes and 22 of his relatives, employees, or their spouses, who all gave $250 maximum
contributions.
Wilkes and his associates ultimately gave more than $10,000 to Roberts, who lost in a close election
to Dick Murphy, a former judge. It's unclear what Wilkes was seeking from Roberts, beyond helping
a friend get elected mayor. Wilkes' company did not do business with the city or county of San
Diego, and he didn't raise money for any other state local candidate in 2000. (Roberts' spokesman,
Darren Pudgil, did not return an e-mail and a phone message left seeking comment.)
63
What troubled the FPPC was that some contributors had filled out slips stamped with ADCS' name,
address and phone number on it. The name of ADCS employee Melissa Dollaghan, the wife of
Assemblyman George Plescia, R-La Jolla, also appeared on the slips. Some of the contributors lived
around Washington, D.C., while others worked for Wilkes at ADCS Inc. in Poway, which digitized
paper documents for the U.S. military. For the FPPC investigators, Dennis Pellon and Leon
Nurse-Williams, the circumstances raised the possibility that Wilkes may have violated California
Political Reform Act, which forbids paying for a contribution in someone else's name, directly or
indirectly.
On Sept. 24, 2003, Pellon and Nurse-Williams stopped at the home of an employee of Wilkes
named Cliff Rjttel, who had written a $500 check to the Roberts campaign. Rittel, who was the
director of information technologies at ADCS, seemed disturbed that the investigators had
interrupted his viewing of a televised debate on California's gubernatorial election. Since the
investigators worked for the FPPC, Rjttel demanded, why weren't they watching? He urged Pellon
and Nurse-Williams to get on with their questions so he could return to the program.
Before the investigators could ask a question, Rjttel demanded to know if the investigators were
wired, and, later, he asked whether they had placed a wiretap on his telephone line. The FPPC
investigators didn't carry guns -- they look more like accountants than cops .- and they told Rjttel
they weren't wired. When the investigators asked whether anyone from ADCS asked him to make a
campaign contribution, Rjttel refused to answer the question.
About an hour later, the investigators called at the home of Amanda and Rjchard Ness, who had also
given $500 to Wilkes. Amanda Ness had worked as Wilkes' secretary for a year, but she left under
less than favorable circumstances. Wilkes practiced nepotism, she told the investigators, and many
of his relatives worked for ADCS. When it came to her contribution to the Roberts campaign, Ness
said she hadn't been reimbursed for her contributions, although she added that she wouldn't be
shocked if some of Wilkes' relatives had been reimbursed. The investigators concluded the interview
and left.
Ness, however, had something more to say. She left messages on Pellon's office phone over the next
two days. When the investigator returned the call, Ness told him that she had not told him the truth.
She had indeed been reimbursed for her contribution to Roberts. A few days before the Roberts
fundraiser, Wilkes told Ness that he wouldn't be inviting anyone from the office who wasn't
contributing to the Roberts campaign. Ness said she wouldn't be attending since she was short on
cash at the time. A day or so later, Ness said Wilkes had come to her office and given her $500 in
cash and said something to the effect that "now she and her husband could attend." That would be a
clear violation of California election law.
On Sept. 25, Wilkes gave the first of two interviews to the FPPC at his new $11 million corporate
facility. Visitors entered a stunning vaulted, steel-and-glass lobby with granite tile floors buffed to a
high sheen. Wilkes' private office had a warm, cozy feel. Cherrywood panels lined the walls of the
president's suite, which could be warmed by a fireplace at the flick of a switch.
Wilkes told the FPPC that he was very active in local community matters, including politics, and he
encouraged his employees to do likewise. Pellon noted in his report that Wilkes said that "his
people" were active in the community but they gave their own money. Wilkes said he was well aware
of the laws governing political contributions and does not reimburse his employees for making
contributions. He said he never had and never will.
As for Roberts, Wilkes said he knew the supervisor personally. Arrangements for the event were
made through Roberts' fundraiser, Karolyn Dorsee, who has raised money for Pete Wilson, Arnold
Schwarzenegger and others. Dorsee had helped Roberts raise more than $1 million in his failed bid
for mayor, something that Wilkes reminded the FPPC about. According to the FPPC interview
summary, Wilkes said he was shocked that Roberts lost, particularly in light of all the money he
raised.
"Roberts' problem is that he's not charismatic," Wilkes told Pellon.
In another interview, this time under oath, Wilkes told the FPPC he didn't recall ever giving
Amanda Ness $500 in cash.
63
"Obviously, since I don't recall it, I would be very surprised to learn that I had," Wilkes said.
Pellon also asked about a $5,000 check Wilkes had written Ness two weeks before the fundraiser.
Wilkes explained that he doesn't use ATM machines. He keeps cash in a safe and drew it out as
needed.
"I frequently, then and continue to now, use my assistants to run errands for me, and she (Ness)
went and cashed a check for me," he said. It was possible he used the cash to go to Las Vegas, Wilkes
continued, "but I can't imagine that I used any cash for a political event."
Wilkes told Pellon that the more than $10,000 he helped raise for Roberts amounted to spare
change in federal election cycles.
"I should point out that $10,700 is less than a fraction of one percent of how much money was
raised in that deal, and it's less than anyone single significant federal contribution, so it wasn't a big
part of my life," Wilkes said.
But the bank account records the investigators subpoenaed told a different story. Two of Wilkes'
family members had written Roberts a $250 check the day of the fundraiser, and the same day, both
had deposited $250 in cash into their checking accounts. Wilkes' nephew thought it might be for a
boat payment.
"He believes it is just coincidence that on the same day he deposited $250 into his account, he
issued a check for $250 to Ron Roberts," the investigators noted. Before writing a $500 check to the
Roberts campaign, Elizabeth Wilkes, Brent's 83-year-old mother, had moved $500 from an account
she shared with her son into her personal account. Roberts was a nice man, she told the FPPC
investigator. Elizabeth Wilkes smd she couldn't recall the name of the man who ran against Roberts
-- it was Dick Murphy, by that time San Diego's mayor -- but "I didn't like him." Wilkes' niece said
her father, Robert Wilkes, had loaned her the $250 she gave to Ron Roberts for Mayor, but he lived
in Panama, and investigators were unable to speak with him.
As part of the investigation, Pellon spoke by phone with a defense contractor named Mitchell Wade.
Wade, who lived and worked in Washington, D.C. and ran a company called MZM Inc., had written
a $500 check to Ron Roberts for Mayor two days before the Poway fundraiser. On the same day, he
wrote a $2,000 check to Brent Wilkes with the notation "R. Roberts."
Wade told Pellon that Roberts was one of many pro-business candidates he supported all over the
country, although he didn't know, three years later, whether Roberts had won the election. What
was the $2,000 cl1eck about? Wade told Pellon it was a payback of a personal debt, of which he
could recall nothing, except that it didn't involve Roberts. Why then would he write "R. Roberts" on
a check to pay a personal debt? Wade had no explanation.
Wilkes, similarly, couldn't recall anything about Wade's $2,000 check.
"We didn't spend that much money on the fundraiser, so I can't imagine, I have no concept of what
the relationship of that check to anyfundrmser is, but I'm aware of the rules and I wouldn't have
taken a $2,000 check for a $250 fundrmser," he said. Wilkes said he has, on occasion, asked Wade
to make political contributions in federal elections. However, Wilkes said he has never received a
check from Wade, made payable to him for a federal candidate.
Wade said he knew of Wilkes, but the two weren't friends or business associates. Wilkes told Pellon
a fuller accounting of his history with Wade. A former Defense Department civilian employee, Wade
had worked for him from 1998 to 2003. Over that time period, Wilkes said he paid Wade millions of
dollars. They worked on many projects together. They took many trips together. Wilkes said he had
loaned Wade money over short periods of time, and vice-versa.
Wade was once a very good friend. "We had a little falling out," Wilkes said.
Prosecutors say that the falling out was due to what they call "competing bribe activity." Wade has
pleaded /?liilty and admitted gjving Cunningham bribes worth more than $1 million, including the
"Duke Stir," the yacl1t where the congressman lived in Washington, D.C. Today, Wade is awaiting
sentencing on charges he bribed Cunningham and is on the list of witnesses prosecutors might call
at Wilkes' upcoming trial. Wade's attorneys at the Washington, D.C. firm, WilmerHale, did not
63
respond to a phone message and e-mail left seeking comment.
Pellon returned to San Diego at the end of 2003 to conduct a final set of interviews. By this time,
Wilkes had retained attorney Ben Davidian, a prominent Republican and a former chairman of the
FPPC. While Pellon was conducting interviews at ADCS offices in September, Davidian had gotten
on the phone and called a halt to them. Pellon returned to the home of Amanda Ness, the woman
who had confessed that Wilkes had reimbursed her $500 contribution to Roberts. Davidian
attended the interview.
Under oath, Ness recalled having left telephone messages for Pellon in September, telling him she
had something she wanted to share with him. But she did not remember saying that Wilkes had
given her $500 for the Roberts fundraiser.
"I never, ever, said that he said anything such as what you just said," Ness said. Wilkes had given
her cash, but it wasn't for the fundraiser. Ness said she had a surgery that cost $100,000 and she
was in the middle of a fight with her insurance company.
"As I told you before," Ness said, "Mr. Wilkes would never have done anything that would have been
wrong. He wasn't that kind of person. I don't like him, OK. I have no love lost for Mr. Brent Wilkes,
so if I had anything, and anytime that I could sit there and nail him for something, this would be it. I
don't have anything that would help you. I honestly, on a Holy Bible, could not tell you that he gave
me that money for a contribution. He did not do that."
Pellon dutifully recorded her denials, but he didn't believe them. In 2005, the FPPC found reason to
believe that Wilkes had committed two counts of California election law violations:
"Given the course of events in this case -- Mrs. Ness' denial, then admission, and then denial, of the
reimbursement, and the unlikely scenario that a family facing substantial medical costs would pay
$500 to support a political candidate at the same time it is accepting a like amount to help pay those
medical costs -- I find the standard for probable cause has been met," FPPC Executive Director
Mark Krausse wrote in an Aug. 5, 2005 order finding probable cause.
The FPPC, which lacks the authority to prosecute criminal charges, levied the maximum penalty it
could on Wilkes __ a $4,000 fine. "Making campaign contributions in other than one's own name is
one of the most serious violations of the (Political Reform) Act," the agency noted. "It undermines
one of the basic purposes of disclosing important information to the voting public regarding the true
source of campaign support and contributions."
Federal prosecutors intend to show at the forthcoming trial that Wilkes operated with impunity in
Washington for years. They have lined up several defense officials who were bullied and threatened
by Cunningham when they questioned the value of Wilkes' document scanning projects. But the
FPPC had subjected Wilkes' campaign contributions to a scrutiny he wasn't used to at that time.
The FPPC proceedings were delayed for a year by the growing federal investigation into Wilkes'
relationship with Cunningham. By then, Wilkes had been worn down by legal battles on many
fronts, and he dropped plans to challenge the agency's decision. On Jan. 12, 2007, the FPPC
formally fined Wilkes $4,000 for violating the California Political Reform Act. His trial on charges
of conspiracy to commit bribery of a public official, money laundering, and other cl1arges is set to
begin Wednesday.
An FPPC spokesman declined to provide any additional information. Wilkes and his attorney, Mark
Geragos, did not respond to messages left seeking comment.
The FPPC forwarded the Wilkes case, as a courtesy, to Bonnie Dumanis, the San Diego County
district attorney. Her spokesman said the office took no action.
Seth Hettena is afreelance writer in San Diego and author of "Feasting on the Spoils The Life and
Times of Randy 'Duke' Cunningham, History's Most Corrupt Congressman." He can be reached at
seth(iiJsethhettena.com. Send a letter to the editor.
64
Newspaper: UNION-TRIBUNE
Date: Jun 02, 2007
Day of Week: Saturday
Edition: R,E,S,F
Section: LOCAL
Page: B-1
Length (in lines): 698
Headline: Lawyers' bills mounting for ethics investigations
Byline: Tanya Mannes
Credit: STAFF WRITER
Captions: Published: CHULA VISTA'S LEGAL BILLS
Town: CHULA VISTA
Keywords: CHULA VISTA. COST. COUNTY. ETHICS. LAW. PROBES.
rGo To Best Hitl <iavascripttoP.stLhit('BESTHIT')>
CHULA VISTA -- Chula Vista spent $411,261 in the last 14 months for
outside lawyers who represented city officials questioned by the district
attorney's newly fonned Public Integrity Unit.
District Attorney Bonnie Dnmanis created the nnit in early 2006 to
investigate public corruption allegations thronghout San Diego Connty.
To date, the unit has indicted one person - Jason Moore, an aide to
former Chnla Vista Mayor Steve Padilla - on perjury charges.
Since March 2006, the city paid 11 law firms to represent employees who
testified before the unit's criminal grand jury, according to information
The San Diego Union-Tribune obtained through a California Public Records
Act request.
City Attorney Ann Moore provided the bill totals but not the attorneys'
invoices or contracts, saying they are protected by attorney-client
privilege.
Officials with the District Attorney's Office also didn't disclose details
oftheir investigations. Until an indictment is issued, grand jury
proceedings are kept confidential to protect the reputations of those
involved.
The city is required under state law to provide legal representation to
its officials and employees who are involved in litigation related to
their official duties.
"We have no choice but to hire private attorneys to perform whatever type
of legal work is necessary," Moore said.
She said the work can't be done in-house "because our office represents
the city, not the individual employees or officials."
64
City Councilman Rndy Ramirez, who took office in December, said that he
was alarmed when he learned how much the city had spent in legal bills and
that it was "a questionable use" of public resources.
"There needs to be some accountability on these secret investigations and
the resources attached to them," Ramirez said. t1We need to get some
answers from the District Attorney's Office about whether or not these
investigations are legitimate."
Chula Vista Mayor Cheryl Cox said most of the decisions to hire outside
counsel were made before she took office in December.
"Since much of this was acted on hy a previous City Council, it is pretty
hard for me to know whether it is justified," she said.
Cox noted that the city can force an employee or official to pay back the
money "irthe person was found to be acting outside the scope of their
employment, or doing something illegal."
Councilmen John McCann and Jerry Rindone did not respond to requests for
comment. Councilman Steve Castaneda declined to comment on the advice of
his attorney.
Prosecutor Patrick O'Toole, who heads the Public Integrity Unit, has
focused mnch of his energy on Chnla Vista. He suhpoenaed nine witnesses in
seeking the indictment of Jason Moore, which was part of a larger
investigation involving more witnesses, according to grand jury
transcripts released after the indictment. Moore pleaded not guilty in
April.
Last month, Castaneda said the unit had initiated three separate
investigations of him in the last year. He accused Dnmanis of targeting
him for political reasons and pressuring him to resign. He has not been
charged with a crime.
City attorneys in San Diego, Imperial Beach, Solana Beach, Lemon Grove,
National City, Del Mar, Santee, Carlsbad, Oceanside and San Marcos said
there have been no Public I ntegrit)' U nit investigations in their cities.
Chula Vista's legal bills come as the city prepares to cut its budget
because of a slowdown in new home constrnction. Cox recently called for
austerity, saying she is prepared to fund "little other than core
services" for several years.
In a prepared statement, Dumanis did not comment specifically on the Chnla
Vista investigations, but defended the Public Integrity Unit.
"The public has a right to expect that their public officials are not
breaking the law," Dumanis said. "Protecting and vindicating this right is
one of the most important priorities in the District Attorney's Office,
and the Public Integrity U nit continues to ensure that this is done."
64
O'Toole declined to comment beyond the official statement.
CHULA VISTA'S LEGAL BILLS
Baker & McKenzie, $37,676
Benjamin L. Coleman, $14,790
Cooley Godward, $6,105
Coughlan Semmer & Lipman, $49,782
Irell & Manella, $19,782
Knut Johnson, $13,413
La Bella & McNamara, $51,945
Luce Forward, $67,458
McKenna Long & Aldrich, $71,842
Morrison & Foerster, $48,987
Frank Vecchione, $29,481
Total: $411,261
End-of-Story
65
R t.- C' - " . .. .
''''0.1,. -,
,_, T:...._
~{~
-.-
'-- -
- - -:....-
Mayor line City Council
City Of Ct:.u13 Visla
275 Fou~ Aver.ue
Chula Vista. Ca 91910
619.691.504': - 619.476.53;9 Fall
'07 OCT 16 1\9:01
em OF
(HUlA VISTA
CITY OF CHlJLA ....i.' M EM 0
CITY CLERK'S OFF"!
Saturday, October 13, 2007
TO: Susan Bigelow, City Clerk
FROM: i-.\ Sandra Hodge, Council Aitie to Deputy Mayor Rindone
....,..
RE: Response to Public Records Request
In response to your California Public Records Act Request dated October 12, 2007, I
am pro\iding your office \\ith the follo\\ing responsivc documents:
1. A copy of your e-mail dated October 12, 2007. regarding the req\lcst.
2. i'>.n e-mail from Eric Crockett dated \Iay 9. 2006, which I responded to on \lay 10,
2006.
3. An e-mail from Eric Crockett dated June 8, 2006.
4. A letter from Greg Cox, County Supenisor, first District, dated July 5,2007.
5. A letter to Greg Cox, Counly Supcf\isor, from Deputy Mayor Rindone, dated July 23,
2007.
As of today, October 13, 2007, I am prO\iding your office \\ith two (2) single sided
copies of the abo\'e listed responsivc records. I hm'e conducted a "thorough and diligent
search- which has taken about 3 hours oftime. There are a total of 22 pagcs in this set
of documents, which includes this !vlemorandul1l.
If you han' an)' questions, concerns, ancl/or additional needs, please feel free to call
our office at (619) 691-5044 ext. 3026, or c-mail u, at jrindone@ci.chula-,-ista.ca.us.
65
To:
S.ubject:
Eric Crockett
RE: Sup.:;"r Court of California
,
("-.- }J
," )i- ,~ ..0--")
el{l(J- (./ ([)
Jerry Rindone
Deer Mr. Cro:r.ett,
On behalf 01 Councilmembar Rind:>r,e, I woul:llike to warmly thank you for e-mailing him the meeting Olinu;;, he
:ie2ded. You ar,: always so very helpful and your e>:tra effort:: are appreciated!
SinC13!":ly,
Sandra Hod::=-
Council Aid;
h.--O..:;!nal r';e..~C!?e---'
From: E;ic Cro:.~et~
Sent: Tl!esd~y, t.lav 09, 20::06 7:SS ;'!-1
To: ]~ Rindo;",e; D~'/~ F~"'~!:?:r,j:;
Cc: Dc:';; S;r;:ttl
Subject: Su~~m:, Court of Califcrria
Importance: Hi2!"'.
Councilman Rincon: Clnd I-Ar. RO\'J!:::nds
Atached c;"~ the meeting minutes f:"om yesterday!:: dis=:uEsion with the Courts. If I carl t.; a further assistance plsas5
cell.
Have a cre;;t d2Y~
<< File:-Meeting Minutes Superi:lr CO'..lrts.Chula Vista 5.9.06.doc>>
Eric C. CrackeL!
Redevelopmenl r-,'Iallilger
ecrockett@d.chulll-\'h:ta.ca.u5
City aEChula Visl"
Ccmununity Developmenl Dep.utmenl
276 Faurth A venue. MS C-400
Chula Vista c.:, 91910
F (619) 476-5?-lJ
f (619) .7<;.5310
c (619) S57-3723
65
Superior Court of California-Chula Vista
MINUTES MAY 8, 2005 3:30PM-4:30PM 500 Third Avenue
; MEETING CAL"'O BY City of Chula Vista and Superior Courts of California
. TYPE OF MEEYIF'G Judicial Court space needs
FACILITATOR Councilman Jerry Rindone
NOTE TAKER Eric Crockett
ATIENDEES
City Of Chula Vista
Councilman Jerry Rindone
Eric Crockett
Superior Court of Caiifornia
Judge Trentacosta
Judge Hernandez
Harold Kosakoff
Agenda Topics
TOPIC NO.1 Impact of Chula Vista growth on Courts (Judge Trentacosta)
. Indicated that the growth of Chula Vista has created an Increase in cases being handled by the
courts:
Felony filings have increased by 28%
Family Law cases have increased by 35% compared to 5% countywide
. Courts have exceeded their physical limitations
Court is having to send cases to Downtown San Diego
Most large cases (more that 4 to 5 weeks) must be sent Downtown
Insufficient parking for patrons of courts, including jurors
TOPIC NO.2 Short term possibilities (Judge Trentacosta)
. -. .- . .
Potentiai to mOVE County District Attorneys office out of courthouse Into Gateway Phase II.
This action would create room for 3 more courtrooms.
. Find a relocation site for the Sweetwater Authority office. The building is owned by the Courts
and could be converted to new court rooms.
TOPIC NO.3 Objectives (Councilman Jerry Rindcne)
Keep courts located at current iocation.
. Assist Courts in finding additional space for both judicial and non-judicial staff.
Urge County to move District Attorneys office into Gateway Phase II
Dedicate staff to work with Courts on both Short Term pOSSibilities and In defining a long-term
solution to the Courts space needs.
TOPIC NO.4 Next steps
~.._- ..
Eric to contact Harold to better understand Courts long term space needs
ACTION lTEI-IS
PERSON RES~OI'lSISLE
DEADLINE
Obtain information on Court needs
Eric
5/30/05
NEXT "'EETING TBD
65
Jerry Rindone
....
From:
Sent:
To:
Cc:
Subject:
Eric Crockett_
Thursday, Jur,e DB, 2006 10:24 J.j,i
Jerry Rindor,e
Jim Thomso:1: Dana Smith; ;"nn Hi", Harold KDSsko:f(E-mail)
Superior Cou1s
Daar Councilman Rindone.
PieESz find a~:a-:~:d the m-eeting mim"':~.;-.5 ;rom my ssccnd m::Ung with rvlr. K~s;%off. y-."'lE; contin:.JE to coordina~e on thE
~eeds of the Courts. II you have any qusstions on lh-es:; minute.s or have additional que:::ti:ms please feel free to can me at
any of the numbers fisted below.
H'3v: a g:-.:cI car!
~
l.l~etJn9 Ninutes
Su~'crior Court...
El1C C. Crocke!i
RcdC'\'elopment :.1anL!ger
EC rockett.&ci.chuIa. \ ~5ta.ca. us
City of Chula Yistl
Community De\":-lcpment Department
276 Fourth A,'enue' 1\'15 C-400
Cl1\II,1 Vista CA ?1910
P (619) -17';-53-11
f 1,{)19} 47(,-5310
c (6W) 857-3725
65
Jerry Rindone
From:
Sent:
'To:
Cc:
Subject:
Eric Crockett
Tuesday, May 09, 2006 7:59 AM
Jerry Rindone; Dave Rowlands
Dana Smith
Superior Court of California
Importance:
High
Councilman Rindone and Mr, Rowlands:
Attached are the meeting minutes from yesterdays discussion with the Courts. If I can be a further assistance please call.
Have aJl!eat day!
U
Meeting Minu'.es
Superior Court..
Eric C. Crocleett
Redevelopment Manager
ecrocketri!lcLchula-vista,ca. us
Cit)' of Chula Vista
Community Development Department
276 Fourth Avenue. MS C-400
Chula Vista CA 91910
P (619) 476-5341
f (619) 476-5310
c (619) 857-3725
,
65
Superior Court of California-Chula Vista
MmUTES MAY 25, 2006 8:30AM-9:30AM 500 Third Avenue
MEETING CALLED_BY City of Chula Vista and Superior Courts of California
TYPE OF folEETING
Judicial Court space needs
FACILITATOR
-- ----_. -...
NOTE TAKER
Eric Crockett
City Of Chula Vista
Eric Crockett
.-. h.______... _0_ _
.. -------
ATTENDEES
Superior Court of California
..--...---..
Harold Kosakoff
Agenda Topics
. TOPIC NO.1 Impact of Growth relating to Courts Needs (Harold Kosakoft)
One Judge per 18 to 20,000 residents
o Each court is about 6,000 square feet, includes court room, Judges Chambers,
holding tanks and office space for staff
There are 35 jurors for every panel put together for a Jury trial .
o The courts have 15 Judges and Commissioners and are determining future
needs.
TOPIC NO.2 Short term (Harold Kosakoff)
...._~-_.-.-
o The number #1 priority of the Courts is more courtrooms foliowed by parking.
State and County have not finalized land transaction; limits of what State ownership will be have
yet to be defined.
State will not build parking. Once ownership is defined there may be a potential to work with a
joint use or joint venture that would aliow Court, use of a parking structure during the day.
TOPIC NO.3 Current Objectives (Harold Kosakoff and Eric Crockett)
--- - - -------.-
o Keep courts involved In parking study.
Assist Courts in finding additional space for both judicial and non-judicial staff.
Dedicate staff to work with Courts on both Short Term possibilities and in defining a long-term
solution to the Courts space needs.
TOPIC NO.4 Next steps
- - .-...
o City will research what types of relationships other municipalities have created with State when
it comes to Court capacity Issues.
Include courts as an affected party when preparing a long-term parking study end management
pian.
o Investigate State's ability/wiliingness to Joint Venture with private and public capitai partners
once ultimate ownership has been defined.
Speak with Clifford Ham (415-865-7550) on what State might be wiliing to do in a Joint
Venture.
ACTIor; ITEMS
PERSON RESPONSIBLE
DEADLINE
Include Courts in parking study
- . .---
Speak with Oifford Ham
Eric
On-going
On-going
Eric
NEXT MEETING TBD
65
'.,
GREG COX
SUPERVISOR. FIRST 111STIUCT
San Diego County Bcard of Supervisors
July 5, 2007
The HOllorable Jen'y Rindone
City ofChula Vista
276 Founh Avenue
Chula Vista, CA 919aO
Dear counci~~~d&e,
You may ha\'c recently received direct notice from the Superior Coun of the State of
California regarding their decision \0 reconsider a revision of their local rules to modify
the Court venue between the South Coumy Division (Chula Vista) and the Central
Di\;sion (dO"11to\\'11 San Diego). Based on recent a!,>Teements reached between the
County and the State, the State is not going to proceed at this time with their proposal to
ch:mge the venue boundaries. Thc State will be ex andinl! courtroom space in the C tla
Vista Cotlrt facility that bad been utilized bv County staff. That !l:1\"eS em the break
Deeded to be able!;; r~a11lJudicial caseload Dl2l1agemcnt in th~ South Bay that was
potentially slated to niove dO"l1tO\\11.
-
This ~)(l n~r the people served directl)' and indirectly by the Coun presence in
South a,'. J Kept this matter under very dos: scrutiny for the last year and have. been
;~\'o!ved irl discu~~!ons with all the pri.:~cipal:.. 1 ~ln ','C:)' F!~2:'ed '.~..ith t1~: C~1~~an1e. 1
hope the successful conclusion of the maner meets with your appro\'al as well.
Please feel free to call my office if 1 ean pro\ide yon with any additional bfonnation you
may fmd of assistance.
Sincerely,
Jdw,
GREG co,t
,
Vice Chairman
Counli,:...:!ml"lst'~I'':In Cel'ler. 'H~OC PI:,:,: HI;)hWFlY, Room :;~S . San O~=;C. CA ~~.E;'
1::' ~,) 531.5511 . Fax l=-19) 235.06.'1:1 \'r.,^,J.gr~;!ColC.r;:C':n
Errii,l: :;~,=;!.c..:'i_~sdco~nly.:.a.9o""
65
Jerry Rindone
~/e
From:
Sent:
To:.
Cc:
Subject:
Eric Crockett 7
Wednesday, January 24, 2007 4:18 PM ~__'1. r/ ~O
Cheryl Cox; Rudy Ramirez; Steve Castaneda; Jerry Rindone; John Mtl.tiMl'J 7>
Jim Thomson: Dana Smith; Ann Hix .
South County Division of the Superior Court
Honorable Mayor and Council,
For you information, please find attached a letter from the Sup=rior Court of th= State of Callfomia as well as an agenda
and meeting minutes from a meeting held on January 18, 2007, These items are provided for your use and information
only. If you have questions concerning the Courts or these me=ting minutes please call Eric Crockett at exl. 5341.
Have a great day!
Ann Hix
Acting Community Development Director
ahix@ci.chula.vista.ca.us
Eric C. Crockett
Redevelopment Manager
ecrockett@ci.chuJ.-vista.ca.us
~
~
Uii;l
~
South County ;outh county venue Meeting Minutes
Division Venue Bm agenda 1.17... Superior Court..
65
1/11/
IDlF$npmnr <l1ourl
0'_
DEe 0 6 Z006
,$iatE nf ~Hforni!l
aAH CX!ao
Malllng Ada'e-u
PoSI Ol!lcl Soll. 122724
San 06eg0. CallcrrVO 921t2.-27i'
(81P) 531-37&5
JANIS SAMMARTINO
Presllinll Judge
November 22, 2006
Cheryl Cox, Mayor-Elcel
. City of Chul. ViSlB
276 fourth A.venue
Chula Visl;1, CA 91910
Re: Nollce of Inlenllo ModIfy Ihe Venue Bound.ry - Sonth County Dlvl!ion of,
the Superinr COUl'(
Dear Mayor-Eleet Co.:
This lencr is to notify you of the intent of the San Die~o Superior Court ("court'') to
modify, by amendment 10 !he San Diego Superior Court Rules, the eourt v::nue boundary between
lbe Soulh County Division (Chut. Vista) and the Centnll Division (downtown San Dieco). (So.
.,-Spn fi.i..C~_~:'IP.. erip~:Co\)Tt R~l.~, :~~'~.:.I.-?-,~.).,~pce'.'fica\lY, the. propos. ad modifiea..~on would
v' e!>an.o Ihe venue for all matters oflS111aMg In up code areaS 91950 tnd 9 I 951 essenl..lI. cases
O'riginating.\n ~.~ity 0 3.Uo~a nv to \ ,e ntra. ~vl.slon:. o~to~~~_1f~',~~li;m~r(lfo:
?-t;r t ~.!.U1CWOU ..~con'.r:. effectlve)uly 1,.200~. . ". .' '. ....... ...... ':,' . . ':~. .;'
~ The Superior Court is confronted with th: need to aSsCs"s'ihc'diStribution of work in San
Diego County. Although our overall eour.ty workload is relatively unchanged over the past len
years, lherc have been signinc.nl cban~es in the disbibution of work between our Central
Division court and tho oullying branch courts (Norih, East and South), Thc chance in workload
has beon most dnlmalie in Soulh County. AI. an example, in ocr major case ""...gories during the
just completed 2005/06 fiscal year, family law filings inero.sed 23 percent over the prior year.
Domeslic violence lcmporat)' restrBining orderJ increased 14 perccilt, felony cri..i1inal ca&e.S
increased 8 percent, traffic infractions increosed IS pcrcent, and civil filings increased 13 perecnt.
A visit to the South CDWl!)' cowtho1.lSe with its lor.g lines, severe ovcrcrowdtng lU".d sedous daily
parkinc problems give visible lestimony to the court workload problems in this part of our
county.
Analyzing projedons fi.om SANDAG .nd other sources, we see these court workload
incre2.Ses continuing into the future. Based on our most recent Judiciai Needs Assessment
Syrvey, we,!)ave s~meicnt workload. in ;h~.Soulh County for 23 judicial officers. yet we only
~..Yc sumeierit',spic. for) 5. co~rb'oori:s, This is.th'1.I.rg~stj\,~ici.al offieer'.\O-v.:9rklR'~ deflc\t!~
.thicnLiie~co~~n:, ~nd.o"e \h.t.~i\l.ol\lY wo:scn.witlifu~ Ftmtrnil.fp.9~pi~ti\ln:g,:o~'tb:iii)lie)t#~
s~r/cCd~b. ~gsouth'Cou~n '.r:Hvisioo' rthc'co~L'u..;.. ........:..~,...: . :.. '~'.-:.- . !..~..;:......v ,.1
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65
Notice otlnlenl to Modify the
Venue Bounilary- South County
Dlvt.sJDI1 of (he Superior Court
r.gel'wo
Novenlber 22\ 2006
Our options in addressing this chz.nging court workload arc Hrr.ited.. We ct.n build new
facilities, expillld space in existing courthouses, and/or shift the workload within th~ COunt)' to
balance OUI the judiciel officer.to.workload deficits so that reasonable aceess is maintained for
all. With no realistic likelihood of building or acquiring additional ncar.term spat< in the South
Bay Region,1 Ccnlc,', and with available judges in the Central Division eour1, we arc foreed 10
contemplate modifying Ihe venue boundery between our Soulh and Cen!r1l1 Divisions, Thi.
modificalion will expend the Central Dhision boundnl)' 10 includl: Ihe next cor.liguous zip code
areas edjacenllo the current Venue boundary. 111e zip codes in qucslion ::are 91950 and 91951,
essentielly eases originaling in thc City of N.tionel City, This venue change wo"ld .pply 10 ell
CBSe types, criminal, civil, small cleims, family law, juyenile, unlawful delaincr and traffic.
Moving these ca.scs to the applicable Cenlrill Division facility, i..,cluding the downtown
courlhuusc-....Madge Bradley building, fanuly court building or Kearney Mesa ll1lffic court,
proyides some sharHerm relicf 10 the ovcn:rowding occurring In the South County courthouse.
This ac~on also provides lime for the court 10 consider options for further changes in the future. .
As this is the first time that court venue boundaries have been revised since the: opening
of the South Bay Municipal Court., and so lhat we can proyide sufficient opportunity for comment
and inpul from Ihose who may be affected by our proposcd .ction, Wc have scheduled a meeting
J./ for Jano", 17 2007, from 10:00 a.m. 10 12:00 p.m.'1 the South B. Regional Center, If you or
~ your representative can aUen IS meetmg. pease CRII Jenni er edersen, ecuUvc cc.retary to
the Presiding Judge, at (619) 615-6393. If you have questions before the meeting, please do not
hesitete 10 call Michael Roddy, Court Exccutiye Officer, al [he same numbcr [isted above.
111an\.:. you in advance for your cooptT1ltion ;md assistance in this j~pcr.1ant proposed
change.
I
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Very Indy yours,
)d1W.~
JANIS SAMMARTINO
l're,Jdlag Judge
JS:jmp
c: Ronornble KeMelo K, So. Assislant Presiding Judge
Honornble Robert J. Trcnl.costa, Supervising Judge, South Cowty Division
Supelior Court Execullye ConuniUee
Mich.el M. Roddy, EXeculiye Officer
Harold Kosakoff, Assistanl Executive Officer, SO"lh Cou.~ty Division
W. Ilarold Tuck, Deputy Chief Administraliye Officer, Public Safety Group
I
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65
~e ~uperior Q!:ourt of Q[;alifornia
County of San Diego
AGENDA
SOUTH COUNTY VENUE MEETING
January 17, 2007
10:00 a.m. - 12;00 p.m.
South Bay Regional Center
500 3rd Avenue
Chula Vista, CA 91910
1. Introductions
2. Purpose of Meeting
3. Historical Perspective - Current Workload and Future Trends in South
County
4. Superior Court Proposal to Change Venue Boundary - Open Forum
to Discuss Possible Alternatives
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65
Superior Court of California-Chula Vista
MINUTES JANUARY 18, 2007 10:00AM-11:15AM 500 Third Avenue
mETING C'LLEO nY Presiding Judge Janis Sammartino
TYPE OF MEETING Superior Court Modify Venue Boundary-South County Division
,^CILIT'TOR Presiding Judge Janis Sammartino
NOTE T'XER Eric Crockett
ATTENDEES
City/County
Chula Vista Mayor Cox
National Oty Mayor MoTTison
Chula Vista Attorneys Office, Police and
Community Development
National Oty Attorneys Office and Police
County Sheriffs Department
Courts
Presiding Judge Janis Sammartino
Judge Robert J. Trenacosta
Michael Roddy, CEO
W. Harold Tuck, CAO
Harold Kosakoff, Assistant Executive Officer
Agenda Topics
. TOPIC NO, 1 Purpose of Meeting (Judge Janis Sammartino)
. Discuss options to address severe overcrowding and serious daily parking problems associated
with the increase in court workload due to growth in the South Bay.
TOPIC NO.2 Historical Perspective-Current workload and future trends (Michaei Roddy)
. O~erall County case load #'s are consistent. However, the workload has shifted more heavily to
the South Bay although the overall number of cases Countywide has not increased.
. South Bay courts are the smallest division in the County.
. Judges and facility cannot absorb any more cases.
Based on workload the South Bay Courts need 23 judges but only have room for 15.
. The Courts predict the need for 27 judges by 2010/11 and 33 judges by 2020/21.
There is a parking problem and with County development 5% of the parking was lost.
. The ultimate space need of the Court is estimated at 178,000 square feet by 2020/21. If every
usabie square foot of the current building was used for only the court (including the County jail
space) it would oniy provide 135,000 of the 178,000 square feet needed.
In the 1990's the courts added family law, civil and juvenile cases to the South Bay,
. From 1993 to present cases have increased: family (134%), Civil (41%), Juvenile (59 fold).
From 1983 to present felonies are up 252%.
TOPIC NO.3 Court Identified Options (Judge Janis Sammartino and Michael Roddy)
Build a new building (no funding).
Build a parking structure (no funding).
. Reallocate workload by modifying the venue boundary (no funding needed).
. Move all of National City cases to downtown and possibly Kearny Mesa. This option equals the
workload for 3 judges.
Transfer of ownership of the Courts from the County to the State must be completed by June
30, 2007.
TOPIC NO.4 Group Identified Options
Mayor Cox-suggested the Courts evaluate "Night Court" or service expansion h~urs. (Co~rts
indicated that the cost to benefit ratio did not pencil).
Mayor Morrison suggested the Courts expand into the space that will be vacated by the County
District Attorney's office when they move into Gateway Phase II. (Courts indicated that this
op~ion would affect their budget and the boundary modification did no!~)
65
National City requested the Courts consider moving only family, juve~ile and 'c:i~es to
downtown. This option would help keep law enforcement local and available to the jurisdiction.
Moving traffic puts officer out of service all day and has cost implications to the City.
Chula Vista suggested looking at a shared parking alternative with the Chula Vista Mall to
relieve the parking crunch. Employee parking could be located at the mall with shuttle service.
This could be a cost-effective approach to parking.
National Oty indicated that the bulk of caseloads are infractions that don't require a jury and
could be handled during extended business hours.
. It was suggested that a multi-faceted approach to the Courts overcrowding be considered.
Maybe by having night court, shared parking with the Mall, expanded business hours, boundary
adjustments and moving some cases could help alleviate the strain on the courts.
. In order to obtain State funds for expansion it might require a multi-jurisdictional financial
partnership that would leverage local monies with State resources.
ACTION ITEMS
PERSON RESPONSISlE
DEADLINE
Put together a working committee to address Courts issues
Courts will provide information to the Mayors for use in
discussions with local legislators.
Judge Janis Sammanino
T6D
Judge Janis Sammanino
{>SAP
NEXT HEETlNG TBD
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CHUiA \~ST4,
.
JERRY R. RI"OO"E
COL''iClLMEMBER
July 23,2007
Gr~g ((IX
Sup~r..isor, First District
CocUlty Administration Center
1600 pac~' Hi!!hwa\', Room 335
( - .
San Die=o~
Dear S~~or V
1 wanted 1(1 personally thank you f()~ the strategic role you played to c()n\"jnc~ the
State to refrain from changing the Court \'cnuc b~[wcen the South COUnt)' Di\"ision (Chula
Visea) and the Central Di\ision (down\{mn San Diego). 1 was thriUed to learn tbal because
of your diligent work and your involwmcm in discussions with all th~ principals, that the
State will be expanding the courtroom space ir. the Chula Visla CO!.lJ1 fadlir}" that had been
utilized by County staIr. Indeed, this is gr~at news for the people wbo are served either
directly or indirectly by the Court's prcs~nc~ in the Somh Bay.
]bank you for the incredible amount oftill1c, imcrt:1cing, and persistence that you
de\'orcd to resolve this maner to the benefit ofthose scrved here in our area! You truly
deserve to be applauded and commended fer YOllr masterful leadership on Lhis issue!
ir:,h
~;-6 FOl'RTH AVE1""UE. CHlIl.i VI5:_~. CAUi~R"';JA !J191". (&1!') &9~-50..!J. F-\'\ t6Hl; ..!;-('.53i~
I:-rndonc ~ CI.ChU!iH';SCa,c?.us
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