HomeMy WebLinkAboutAgenda Packet 2000/02/29 ""l declare under penalty of perjurY that I am
employed by the City of Chula Vista in the
Office of the City L:~erh an~ that I posted
ti~is Agenda/l~'°tic° Ga ti,e Su~letin Board at
the Publi Ser,vices Eu!k~Sn~! r' d at City all on ,
FEBRUARY 29, 2000 6:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Hotton.
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
1. A. Oath of Office: Library Board of Trustees Tris Hubbard.
B. Oath of Office: Board of Ethics Charles Bull.
C. Presentation regarding the Airport Master Plan Program by David Malcolm, Port
Commissioner, and Thella Bowens, Senior Director, Aviation Division, Port of San
Diego.
CONSENT CALENDAR
(Item 2)
The staff recommendations regarding the following items listed under the Consent
Calendar will be enacted by the Council by one motion, without discussion, unless
a Councilmember, a member of the public, or City staff requests that the item be
removed for discussion. I/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
after Action Items. Items pulled by the public will be the frst items o/business.
2. WRITTEN COMMUNICATIONS
A. Letter from the City Attorney stating that to the best of his knowledge from
observance of actions taken in Closed Session on February 22, 2000, there were
no actions taken which are required under the Brown Act to be reported.
Staff recommendation: The letter be received and filed.
ORAL COMMUNICATIONS
Persons speaMng during Oral Communications 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 AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as
required by law. If you wish to speak 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.
3. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING PCS-99-04,
THE TENTATIVE SUBDIVISION MAP AND CONDITIONS OF APPROVAL FOR
SAN MIGUEL RANCH, CHULA VISTA TRACT 99-04
The applicant, Trimark Pacific-San Miguel LLC, is requesting approval of a Tentative
Subdivision Map for the entire 743-acre San Miguel Ranch project area, involving 820
single-family lots, four residential super lots with capacity for 575 dwelling units, one
commercial center lot, two commtmity purpose facility lots, two park lots, one
elementary school lot, and nine open space lots on 743.1 acres located east and north of
Proctor Valley Road, south of Sweetwater Reservoir and Mother Miguel Mountain, and
west of the Rolling Hills Ranch area. The Tentative Map is consistent with land uses
established in the SPA plan, approved by Council in October 1999, and is the next stage
in the master planned community approval process after SPA approval.
Staff recommendation: Council adopt the RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROV1NG THE TENTATIVE SUBDIVISION ]X/tAP AND CONDITIONS
OF APPROVAL FOR SAN MIGUEL RANCH, CHULA VISTA TRACT 99-04. (Director of
Planning and Building)
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial
discussion and deliberation by the Council staff, or members of the public. The
items will be considered individually by the Council and staff recommendations
may, in certain cases, be presented in the alternative. 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
4. CONSIDERATION OF A LAND OFFER AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE EASTLAKE COMPANY, LLC, FOR CONVEYANCE OF
45 ACRES TO THE CITY FOR UNIVERSITY PURPOSES
In 1999, the City entered into a Letter of Intent with the EastLake Company under which
the City agreed to negotiate an Offer Agreement, which would provide for the
conveyance of 45 acres to the City for a university site. Under the terms of the proposed
Land Offer Agreement, Eastlake Company would agree to convey 45 acres, which has
been designated as a portion of the proposed university site, to the City for future
conveyance to the University of California or other qualified higher education institution.
Staff recommendation: Council adopt the RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO ENTER INTO A LAND OFFER
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE EASTLAKE COMPANY, LLC,
FOR CONVEYANCE OF 45 ACRES TO THE CITY FOR UNIVERSITY PURPOSES. (Director of
Planning and Building)
Page 2 - Council Agenda 02/29/2000
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
5. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
6. MAYOR' S REPORTS
7. COUNCIL COMMENTS
CLOSED SESSION
8. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
A. Fritsch v. City of Chula Vista, USDC, 98-CV-0972-E (CGA)
ADJOURNMENT to the Regular Meeting of March 7, 2000, at 4:00 p.m. in the Council
Chambers.
Page 3 -Council Agenda 02/29/2000
0159 CITY CLERK/ELECTIONS
Statement of Purpose:
The City Clerk's Office is a courteous, service-oriented team of
professionals working in partnership with the community, council, and
employees to provide quality service and assistance in a friendly,
courteous, efficient, and timely mariner on an onFgoing basis.
DEPARTMENT EXPENDITURES BY CATEGORY:
FY97 98 FY98-99 FY99-00 FY99-00
ACTUAL BUDGET REQUEST PROPOSED
PERSONNEL SERVICES !87/!84 2!6,276 0 236,355
SUPPLIES & SERVICES 20,349 i85,069 0 761432
OPERATING CAPIT~L 0 0 0 0
DEBT SERV/TRANSFERS OUT 0 0 0 0
TOTALS: 207,533 401,345 0 312,787
DEPARTMENT EXPENDITURES BY DEPT/DIV:
FY97-98 FY98-99 FY99-00 FY99-00
ACTUAL BUDGET REQUEST PROPOSED
0160 CITY CLERK 210,!42 243,621 0 279,492
0170 ELECTIONS -21609 157,724 0 33,295
TOTALS: 207,533 401,345 0 312,787
DEPARTMENT REVENUE SU~PL~RY:
FY98-99 FY99-00
ESTIMATE PROPOSED
OTHER REVENUES 0 5,000
TOTALS 0 5,000
PERCENT DEPARTMENT GENERATED FUNDING:
EXPENDITURE TOTALS 312,787
REVENUE TOTALS 5,000
DIFFERENCE 307,787
FUNDED PERCENT 2%
FY99- O0 Proposed Budget/DEPT/DIV Summary 0i59
0159 CITY CLERK/ELECTIONS
Continued..
PERSONNEL SUMMARY:
CLASS TITLE FY 97-98 FY 98-99 FY 99-00
001100 CITY CLERK (UC) 1.00 1.00 1.00
006118 ADMIN OFFICE ASST III 0.00 0.50 0.50
006556 DEPUTY CITY CLERK {UNRP) 1.00 1.00 1.00
006557 ADMINISTRATIVE SECRETARY 1.00 1.00 1.00
TOTALS: 3.00 3.50 3.50
pERSONNEL MY:
CLASS TITLE SALARY BENEFITS TOTAL
001100 CITY CLERK (UC) 73,542 19,946 93,488
006118 ADMIN OFF ASST III 14,244 4,784 19,028
006550 DEPUTY CITY CLEP~K (UNRP) 50,782 13,845 64,627
006557 ADMINISTRATIVE SECRETARY 37,0!9 10,830 47,849
TOTALS: 175,587 49,405 224,992
FY99-O0 Proposed Budget/DEPT/DIV Summary 0159
February 22, 2000
MEMO TO: City Clerk ]
FROM: Patty Wesp~~/
SUBJECT: SPECIAL ORDERS OF THE DAY- FEB 29, 2000
Please schedule the following presentation under Special Orders of the Day
for the Council meeting of February 29, 2000:
Presentation - Airport Master Plan Program
By: Port Commissioner David Malcolm and
Thella Bowens, Senior Director, Aviation Division
Port of San Diego
Thank you.
cc: Mayor Horton
Commissioner Malcolm
CI'IY OF
CHULA VISTA
~]~MORA~TDUM
February 24, 2000
To: The Honorable Mayor and City Council
,
From: David D. Rowlands, Jr:,~City Manager
Subject: Council Meeting of February 29, 2000
This will transmit the agenda and related materials for the regular City Council meeting
of Tuesday February 29, 2000. Comments regarding the Written Communications are
as follows:
la. This is a letter from the City Attorney stating that to the best of his knowledge
from observance of actions taken in Closed Session on February 22, 2000, there
were no actions taken which are required under the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
DDR:mab
RECEIVED
February 29, 2000
'00 FEB 29 g9:36
City Council
City of Chula Vista, CA CiTY OF CHULA ViS [,
Re: PCS-99-04 Tentative Subdivision Map for San Miguel Ranch CLERK'S OFFIC:i
Dear City Council,
I wish to once again voice my objections to above cited development. In the recent past, I have come
bofore you, outlining the reasons for my objections as well as from those whom I represented (letter
dated October 19, 1999). None of those concerns have been addressed in any subsequent documents
released to the public regarding subject development. Why?
The City of C"nula Vista is marching nonchalan~y to achieve and hold the title of being the largest
and fastest growing city in the region. In the process, the city is stealing more and more of the
quality of life of the long time residents who have come to expect it. To its newer and future
residents, you offer a mere fa~;ade of a quality of life that does not go beyond the development
boundaries. To the rest of the region and neighboring communities, lay a disproportinnate burden of
the cost of growth of this city.
Long time residents of this city are now subject to the chaotic traffic jams, higher accident rates
res~mltlng from easily distracted drivers frustrated by the worsened traffic Safety of the walking
public have been reduced, exposure to pollution and noise increased, response to emergencies have
been degraded daring daily traffic jams and vulnerability of electrical, water and other services have
been increased by stretching the limits of these vital resources.
New and future residents are promised a false sense of security with beautiful homes with amenities
and "nice surroundings". The cost of these homes requires more than one income to support. The
reality sinks in after the realization that two or more members of the household has to leave the
boundaries of the development daily, to earn the mortgage payments, usuafly from different
employers, located in different locations. The risks, increased travel time, frustrations with the
driving conditions, shall inevitably prove detrimental to their physical and emotional health.
The region and neighboring communities have received a disproportionate share of the failout of the
unfettered growth of C"nula Vista. Surface streets of the adjoining Bonlta community for example,
are recipients of the traffic from C"nula Vista developments who wish to escape the chaos of the
highways. Those who have to s~end more time on the road due to congestion, incur productivity
losses. Deliveries of goods and services are likewise curtailed or delayed. The costs of wear and tear
on these roads from increased Chula Vista traffic are berne by other communities.
City Council, you are kindly enjoined to include sanity and wisdom in your expansion plans. Please
leave a legacy yen and the rest of us can live with, not chaos. There are other and better ways, even
third world countries can offer, but you have to look and listen.
Yours truly,
Sweetwater Valley Civic Association
P. O. Box 232, Bonita, CA 91908
cc: Greg Cox
Steve Peace
SANDAG
County of San Diego
Sweetwater Valley Civic Association
Preserve South Bay
San Diego International Airport
Lindbergh Field
-... , -;. :,--: ..
Improvements, Alternative Airport Site
and Regional Strategy for Air Transportation
San Diego International Airport
Master Plan
David Malcolm
Port Commissioner
San Diego Unified Port District
San Diego International Airport
Master Plan
Thella Bowens
Senior Director, Aviation
San Diego Unified Port District
P~an an airport that:
Meets operational requirements for
aviation demand;
Supports regional economic goals;
Is financially realistic;
Addresses community concerns.
2
Completed over 150
Public Presentations
& Workshops
1997-2000
1999 2005 2010 2020
Unconstrained
Annual 222,354 256,157 282,818 352,400
Aircraft
Operations
(2% Growth)
Annual 15,3 19,1 22,2 28.6
Passengers Million Million Million Million
(3% Growth)
Current activity levels are 222,354 annuaI aircraft
operations and 15.3 MAP
Forecast Of unconatfained demand is 352~400 annual
aircraft operations and 28,6 MAP by 2020
Current cargo volume is 106,000 tons; forecasted
unconstrained cargo demand is 355,000 tons in 2020
Immediate action is needed to avoid unacceptable
traffic delays on Harbor Drive beginning in 2007
Even with all possible improvements, Lindbergh Field
cannot meet unconstrained demand forecast for 2020
Lindbergh Field currently contributes $4.5 billion
annually to regional economy
Expanded to maximum capacity (24 MAP) Lindbergh
Field would contribute billions more annually
Once regional demand exceeds Lindbergh Field's
capacity, it would be unable to meet regional air
transpo~ation needs
Focus on incremental steps to
improve Lindbergh Field gradually
Avoids severe operational problems
in the near-term
Does not preclude future
improvement opportunities
Does not over-invest in facilities
San Diego International Airport
Master Plan
Ralph Hicks
Director, Land Use Planning
San Diego Unified Port District
o 2007: Primary roadway system experiences
unacceptable delays
· 2008: Taxiways and airfield congestion will cause
unacceptable delays
2009: Terminal/gate delays exceed FAA standard
20'~ 2-15: Single runway reaches physical capacity
of 280,000 annual aircraft operations
(18,7 MAP with current fleet mix)
2020-25: Two runways reach capacity of 337,000
annual operations (24.4 MAP with
current fleet mix)
2000-2005 2005-2010 2010-2015 2015-2020
TRACK I · ..... c, Devolop Step 3A i' '
Develop Step 2 ] , YES : New Runway i i ,
Develop Step 1 I 4 Gates I j
10 Gates , ! Intermodal , 4
Nor~hTerminall
Tr r
.o !
NO ~ SouthTerminals i
l':'~:[eTel&VA&V~ld31el'di/v~v[e'~d:F,,Telr, le]:[dk~[e)~!d~F~l:b
2000-2005 Track 1
Develop Step 1 ;L~ ~-~ %C ']
1. ]0 Gate Terminal
"Y RAC X ] 2. Taxiways a Aprons
3. Surface Parking $136 to
$148 million
1. Partnership with SANDAG
2. Economic Study
-~-~,;~ ~ 3. Regional Strategy for
Air Transportation
4. Alternative Airport search
5. Public outreach
6
STEP 1
2005-2010
Develop Step 2
1. Additional 4 Gates
Partnelship -L YES
with
SANDAG Begin Planning
New Airport
may be necessary
d new airport
is delayed
TRACK I
2010-2015 2015-2020
Develop Step 3B Complete Step 3B
NO 1.8 Gates to South 18.7 MAP
2. Double deck roads 280,000 operations
$270 to $278 million
Demand: 28 MAP
352,000 operations
2010-2015 2015-2020
Develop Step 3A Complete Step 3A
YES New runway ,
· .... ~ 24,4 MAP
$800 million to $~I billion
337,000 operations
Demand: 28 MAP
TRACK I 352,000
operations
9
Responds to concerns identified in public
outreach process
Provides opportunity to periodically
reassess additional development at
Lindbergh Field
· Meets immediate air transportation needs
while planning sensibly for the future
10
2000-2005 2005-2010 2010-2015 2015-2020
i [Develop Step ~ New Runway
o Airport Economic Analysis -
Compare economic benefits/costs
of Lindbergh Field with an
unconstrained airport.
Regional Strategy for Air
Transportation - Inventory of
existing airport systems and
infrastructure.
Identify feasible airport sites.
o Public participation throughout.
ll
July 1999 - BPC directs staff to
consult with SANDAG on two-track
process.
· September 1999 - JAAC formed with
members of BPC and SANDAG.
· January 2000 - Selection of
Hamilton, Rabinovitz & Alschuler
(HRA) team to prepare AEA report.
June/July 2000 - Preparation of AEA
report. Results presented in public
information program.
CIIY OF
CHULA VISI'A
OFFIGE OF THE GITY A'I'FORNEY
Date February 23, 2000
To: The Honorable Mayor and City Council
From: John M. Kaheny, City Attorney ~-~
Re: Report Regarding Actions Taken in Closed Session
for the Meeting of 2/22/00
The City Council of the City of Chula Vista met in Closed Session
on 2/2~2/00 to discuss:
· CONFERENCE WITN LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
D'Ablaing Workers' Compensation Claim No. CV980125
The Redevelopment Agency of the City of Chula Vista met in Closed
Session on 2/22/00 to discuss:
· CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8:
property:
1) 565-010-30 and 567-011-25 Midbayfront 96.57 acres
2) 567-010-28 Bayfront Park 4.94 acres
3) 567-011-01, 565-010-12, 565-010-15 SDG&E ROW 9.8 acres (apprx)
portion of 565-010-18
4) 567-021-11, portion of 565-290-39 SD&AE ROW 2.3 acres (apprx)
5) 565-310-09 & 565-310-25 Street Merziotis 6.35 acres
6) 567-011-04 Marina Motor Hotel 1.0 acres
7) 567-010-18 Cappos 2.01 acres
8) 567-010-19 Shangri La 2.73 acres
9) 567-021-32 Lagoon Drive Park 1.14 acres
Negotiating Redevelopment Agency/City of Chula Vista (Chris Salomone);
Parties: Chula Vista Capital, B.F. Goodrich, SDG&E, SDaAE, Tuchscher
Development Enterprises, inc.
Under Price and terms for disposition/acquisition
Negotiations:
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the City
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK:lgk
276 FOURTH AVENUE · CHULA VISTA · CALIFORNIA 91910 · (619) 691-5037 · FAX (619) 409-5823
CITY COUNCIL AGENDA STATEMENT
Item No.
Meeting Date: 2/29/00
ITEM TITLE: PUBLIC HEARING; PCS-99-04; Tentative Subdivision Map for San
Miguel Ranch, Chula Vista Tract 99-04; involving 820 single family lots, 4
residential super lots with capacity for 574 dwelling units, 1 commercial
center lot, 2 community purpose facility lots, 2 park lots, 1 elementary school
lot, and 9 open space lots on 743.1 acres located east and north of Proctor
Valley Rd., south of Sweetwater Reservoir and Mother Miguel Mtn., and west
of the Rolling Hills Ranch area - Trimark Paci~c-SanMiguel LLC.
Resolution Approving the Tentative Subdivision Map and
Conditions of Approval for San Miguel Ranch, Chula Vista Tract 99-04.
SUMITTED BY: Director of P1 ' g and Building ffj
REVIEWED BY: City Managera; (4/Sths Vote: Yes No X )
The applicant, Trimark Pacific-San Miguel LLC, has submitted an application for a Tentative
Subdivision Map known as San Miguel Ranch, Chula Vista Tract 99-04, in order to subdivide
and develop 743.1 acres east and north of Proctor Valley Rd., south of Sweetwater Reservoir and
west of the Rolling Hills Ranch area (see Locator, Attachment 1). The Tentative Subdivision
Map consists of 820 single family lots and 4 super lots with capacity for 565 dwelling units
(1385 total dwelling units). The Map also includes 9 open space lots, a 16.9 acre community
park, 3 acre private neighborhood park, 13 acre elementary school site, 2 community purpose
facility sites totaling 5.76 acres, a 14 acre retail commercial site, several specialty lots (i.e.
private pocket parks, slopes and landscape buffer areas), and reservation for future right-of-way
for SR-125. The proposed Tentative Map is consistent with the land uses established in the SPA
Plan which was approved by Council in October 1999. The Tentative Map is the next stage in
the master planned community approval process after SPA approval.
The Envirommental Review Coordinator has determined, pursuant to Section 15162 of the CEQA
Guidelines, that the San Miguel Ranch Tentative Subdivision Map is in substantial conformance
with the project analyzed in the Final Subsequent Environmental Impact Report (FSEIR-97-02)
for the San Miguel Ranch Sectional Planning Area (SPA) Plan previously certified by the City
Council on October 19, 1999.
RECOMMENDATION: It is recommended the City Council adopt the Resolution approving
the Tentative Map in accordance with the findings and subject to the conditions contained
therein.
Page 2, Item: .._~.
Meeting Date: 2/29/00
BOARDS AND COMMISSIONS RECOMMENDATION:
The Planning Commission held its hearing on Tentative Map on February 23, 2000. Draft
minutes of the meeting were not available for inclusion with this report, and staff will present the
Planning Commission' s actions to Council at the February 29 meeting.
DISCUSSION:
On October 19, 1999, the City Council approved the San Miguel Ranch Sectional Planning Area
(SPA) Plan and associated regulatory documents, including the Planned Community District
Regulations. The adopted San Miguel Ranch SPA Plan established the land use pattern, density
and character of development, development goals and objectives, and development standards to
guide the future detailed planning and construction of the San Miguel Ranch project. The
proposed tentative map implements the SPA Plan's provisions by more precisely lotling the land
use pattern established in the SPA, and providing the required on-site and off-site infrastructure
for the project.
Site Characteristics
The San Miguel Ranch tentative subdivision map encompasses the approximately 743 acre SPA
Plan area, and is commonly referred to as the San Miguel Ranch South Parcel. It is bounded by
Proctor Valley Road to the west and south, Mother Miguel Mountain and the SDG&E Miguel
Substation to the north, and the Rolling Hills Ranch project area and Otay Water District
property to the east (see Attachment 1).
The site is characterized by varied topography, and comains two major landforms commonly
known as Gobblers Knob and Horseshoe Bend which are located in the western and central
portion of the site. The site also contains several finger canyons and a prominent ridge along the
eastern edge. The site is effectively bisected by the future alignment of SR125, creating a west
and an east subarea. The SPA site is also traversed by two SDG&E transmission line corridors,
one bisecting the site in a north-east/south-west alignment (E-2), and another, smaller one in a
north-south alignment (E-l) within the eastern portion of the site (see Attachment 2). A small
area of wetlands exists in conjunction with Proctor Creek, which runs along a portion of the
south edge of the site before it enters the Bonita Meadows property to the west. The SPA site is
comprised largely of grasslands, but does contain some coastal sage scrub and the attendant
biological resources including the California Gnatcatcher. The Otay Tarplant, considered a
narrow-endemic plant species, which is listed as, endangered at the state level and threatened at
the federal level, is also present on the site, and two areas have been set aside for its preservation
(OS-1 and OS-6).
Zonin~ and Land Use
Existing sLurrounding zoning and land uses are as follows:
,,~
Page 3, Item: ~.~
Meeting Date: 2/29/00
Zoning -
The San Miguel Ranch area was a pre-zoned Planned Community (PC) through adoption of the
GDP in 1996, with further zoning provisions established by the SPA Plan adopted in October
1999. The project area is proposed for annexation to the City. Approved land uses are shown on
the SPA Diagram (see Attachment 3).
Areas in the City to the south and east of the site are zoned PC as part of the Salt Creek I and
Rolling Hills Ranch projects respectively. There is also a block of largely vacant unincorporated
area to the south near the central portion of the project site, known as the Haley's subdivision,
which is zoned A702 (ldu/2ac). The Bonita Meadows property to the west is within
unincorporated Sunnyside area and zoned S88-Specific Plan. To the north is existing residential
in the unincorporated Sunnyside area which is zoned RR 1-Rural Residential (1 du/ac).
Current Land Use -
The project site is currently vacant. To the north is the existing, nnincorporated residential area
of Sunnyside, and SDG&E's Miguel Substation and transmission line right-of-way; to the west
the vacant Bonita Meadows site~ to the south the existing Estancia single family subdivision, the
Mackenzie Creek neighborhood park, and the Thorgood Marshall Elementary School in Rolling
Hills Ranch~ to the east are developing single family neighborhoods within Rolling Hills Ranch,
and the Otay Water District property which will be developed with a golf course.
Proposal Summary.
Consistent with the approved SPA Plan, the San Miguel Ranch subdivision is primarily a single
family detached housing project with supporting land uses including an elementary school,
community and neighborhood parks, community purpose facilities, retail commercial center, and
significant open space and biological preserve areas. Future SR-125 bi-sects the site into east
and west sub-areas. The west sub-area is comprised mainly of large lot, estate residential
neighborhoods and open space, while the east sub-area hosts more traditional single family
neighborhoods, along with some single family attached, condominium, and multifamily lots, and
the project's supporting land uses. Table A below presents a summary of the tentative map's
residential lot categories:
Page 4, Item: ,.,~
Meeting Date: 2/29/00
Project No. Min. Ave. Lot Largest Lot Min. Lot Acres Density
Area of Lots / Lot Size (sq. Size (sq. ft.) Dimension (net) (net)
Units Size ft.)
(sq. ft.)
West Sub-
Area
Area L 73 / 73 16,401 27,764 65,270 90 x 167 46.53 1.56 du/ac
Area K 84 / 84 15,000 20,342 33,070 90 x 167 39.23 2.14 du/ac
Area J 162 / 162 7,000 9,744 16,386 60 x 117 36.24 4.47 du/ac
Sub-total 319 / 319 N/A N/A N/A N/A 122.00 2.61 du/ac
East Sub-
Area
Area A I / 129 N/A N/A N/A N/A 7.16 I8.0 du/ac
Area B I / 219 N/A N/A N/A N/A 10.21 21.4 du/ac
Sub-total 2 / 348 17.37 20.03 du/ac
Area C I* / 100 SP SP SP SP 13.12 7.62 du/ac
Area D 1' / 116 4,000 SP SP SP 22.36 5.18 du/ac
Area E 144 / 144 4,508 5,894 9,640 55 x 80 19.48 7.39 du/ac
Area F 46 / 46 5,249 7,264 13,460 55 x 90 7.67 5.99 du/ac
Area G 73 / 73 5,020 7,542 14,926 55 x 80 12.64 5.77 du/ac
Area H 131 / 131 5,000 6,534 10,860 55 x 90 19.65 6.66 du/ac
Area I 107 / I07 6,000 8,074 17,107 60 x 100 19.83 5.39 du/ac
Sub-total 503/717 114.75 6.24du/ac
N/A future multiple family areas
* subject to future subdivision.
SP subject to future site plan approval.
Following is a more complete description of the tentative map proposals within both the west
and the east sub-areas, which are depicted on Attachment 4:
WEST SUB-AREA:
Area L- Adjoins the existing residential areas in the unincorporated Sunnyside area, is
intended for 73 estate residential dwellings, and contains the largest lots in the project. Most
lots are well above the typical minimum lot size of 20,000 sq. ft. established by the SPA Plan.
The average lot size is 27,764 sq. ft., with the largest lot being 65,270 sq. ft. The largest lots are
located along the westerly edges of the neighborhood adjacent to Jensen's Kennel and existing
residential properties. The typical lot depth in this area is over 230 feet. This configuration,
along with deeper building setback requirements is intended to offer the maximum possible
buffering along these edges.
Lots L-A through L-F contain common slopes and open space lots, streetscapes, trails, a drainage
detention basin, and the proposed sewer lift station which will serve about 40 residential lots in
the northern portion of Area L.
Page 5, Item: 3
Meeting Date: 2/29/00
Area K- Which forms the project's westerly frontage along Proctor Valley Rd., is intended
for 84 estate residential dwellings, and also contains large lots but at a slightly increased density
from Area L. While some lots are at the 15,000 sq. ft. minimum, the average lot size is 20,342
sq.ft. with the largest lot at 33,070 sq.ft. To again soften the edge of development, the largest
lots have been placed along the project frontage on Proctor Valley Rd., with average lot depths
of approximately 200 ft. The SPA Plan also applies deeper building setbacks along this edge.
Lots K-A through K-D contain common slope and open space lots, streetscapes, trails, and a
drainage detention basin.
Area J- Sits to the east of Area K and is higher and topographically separated by a central
slope/open space corridor, which includes Areas OS-8 and OS-9 and connects from Mt. Miguel
Rd. south to Proctor Valley Rd. Per the SPA Plan, Area J is considered as a clustered residential
neighborhood within the westem estate areas in recognition of retaining the Horseshoe Bend
landform to the east in OS-7, the Otay Tarplant Preserve area in OS-6, and the westerly flank of
the Gobblers Knob landform in OS-9. While lots are allowed to be as small as 7,000 sq.ft.under
clustering provisions, the majority of the lots are larger, with the average lot size being 9,744
sq.ft. and the largest lot at 16,386 sq.ft.
Lots J-A and J-B contain common slopes and trails.
Area OS-6- This 38.26 acre lot comprises one of the two areas of Otay Tarplant Preserve
within the project. Treatment of this area will be governed by the provisions of the Otay
Tarplant Habitat Management Plan, which must ultimately be approved by the City and the
Wildlife Agencies. The Plan is currently under review. As prescribed by this Plan, this lot will
eventually be deeded to a third-party environmental management entity for perpetual
maintenance and monitoring.
Area OS-7- This 24.57 acre lot encompasses the western end of the Horseshoe Bend landform
and will remain ungraded. A trail is proposed within the area from neighborhood J to an
overlook at the tip of Horseshoe Bend. It is also possible that portions of OS-7 could be added to
the Otay Tarplant Preserve pursuant to provisions of the Habitat Management Plan noted above.
Area OS-8- This 3.3 acre lot is located at the south end of Areas K and J along loop street
"AA", and is intended for development of a private pocket park to serve these neighborhoods.
The lot also includes adjoining common slope areas.
Area OS-9- This 8.88 acre lot comprises the westem flank of the Gobblers Knob landform,
and will largely remain ungraded. The area hosts a north/south trail connection, which runs from
Mount Miguel Rd. through the pocket park in OS-8, and south to connect with the regional trail
along Proctor Valley Rd. Select tree and other landscape plantings are proposed to visually
buffer the adjoining development.
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FUTURE SR-125 RIGHT-OF-WAY RESERVATION
Caltrans' selected alignment for future State Route 125 Tollroad (the "Horseshoe Bend Modified
Alignment") essentially bisects the project site, and forms a divider between the noted west and
east sub-areas. The tentative map contains approximately 49.6 acres, which are to be set aside as
future right-of-way reservation for SR-125. Conditions of map approval require the applicant to
grant the City an irrevocable offer of dedication for the necessary SR-125 right-of-way prior to
approval of the first Final Map for the project. The project's grading design incorporates the
most current available design information for SR-125, and both Caltrans and CTV have reviewed
the proposed tentative map.
EAST SUB-AREA
Area A- This 7.16 acre lot is planned for up to 129 multiple family rental dwelling units.
Final design and grading for the site, as well internal relationships with the retail commercial
area to the west, are subject to future site plan review and approval.
Area B- This 10.21 acre lot is planned for up to 219 multiple family units which may be in
a for-sale condomininm development. Final design and grading for this area is also subject to
future site plan review and approval. The main entrance and exit will be from street "A", with a
secondary, emergency access provided through street "Y" to the south. The site is substantially
elevated above SR-125, and grading along the western edge of the site will need to be
coordinated with proposed grading plans for SR-125 as part of the site plan review.
Consideration must also be made during development of the San Miguel Ranch Landscape
Master Plan to ensure sufficient landscape screening to visually buffer the units from SR-125,
and to reduce the visual impact of the substantial slope on the south side of SR-125.
Area C- This 13.12 acre lot is planned for up to 100 small-lot single family detached, or
single family attached dwelling units. Due to topographic constraints, the site is approximately
30 feet below Mt. Miguel Rd., and principal access is planned from street "A" to the south. A
secondary, emergency access is planned from Mt. Miguel Rd. at the northwest comer of the site.
The final determination of product type, and neighborhood design and grading are subject to
future site plan review and approval. Future design consideration must also be given to the
SDG&E easement "E-1" along the site's western edge.
Area D- This 22.36 acre lot is planned for up to 116 small-lot single family detached, or
single family attached units. Due to topographic considerations, the site will not have access
from either Mt. Miguel or Proctor Valley Rds., but will have two points of access from street
"A". One of those accesses is to align with the access to Area C. Determination of product type
and final design and grading will also subject to future site plan review and approval.
Areas E and G- These two neighborhoods are very similar, and fairly typical of the single
family detached lot products in many of the other master planned community projects in eastern
Chula Vista. Both are subject to the same SPA Land Use District regulations. A total of 217
single family lots are contained within the two neighborhoods. While minimum 4500 sq.ft.
lots/building pads are permissible, the majority of the lots are larger. The average sized lot in
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Meeting Date: 2/29/00
Area E is 5,894 sq.ft., and in Area G is 7,542 sq.ft. The largest lots are 9,640 and 14,926 sq.fl.
respectively.
Lots E-A through E-E, and G-A through G-E contain common slopes, open space lots and
streetscapes.
Area E-l- This 6.33 acre area is comprised of three lots (E-A through -C) which encompass
the SDG&E powerline easement running through the central portion of the project's east
subarea. The easement is used to provide a community trail linkage through the eastern
neighborhoods, which connects to Proctor Valley Rd., Mt. Miguel Rd., and the Community Park.
The Applicant has coordinated with SDG&E for the necessary permissions to place trails within
the easement.
Area F- This area of 46 single-family detached lots is similar to Areas E and G, but has a
slightly higher minimum lot size and lot depth requirement. The proposed minimum size lot is
5,249 sq. ft., the average lot size is 7,246 sq.ft. The area is bordered on the north by the
proposed 10 acre Vista Mother Miguel project, which involves 42 single family dwellings.
Street "XX" will provide future access to Vista Mother Miguel, and other infrastructure needs
were coordinated and analyzed as part of the San Miguel Ranch PFFP. The applicant is also
preparing a separate boundary adjustment with the Vista Mother Miguel property owners which
is reflected in the configuration of Lot 31. Land on the west side of street "XX" adjacent to Lot
30 will be lotted as part of Vista Mother Miguel. To improve circulation, street "WW"
provides additional access at the neighborhood' s west end.
Lots F-A through F-D contain common slopes, streetscapes and trails. Lot OS-G to the west of
the neighborhood along the north side of Mt. Miguel Rd. encompasses landform-graded slopes
where Mt. Miguel Rd. passes through the eastem arm of Horseshoe Bend.
Areas H and I- These two similar neighborhoods contain a total of 238 single-family
dwelling lots. Area I has slightly lesser density due to larger lot sizes. Area H's average size lot
is 6,534 sq. ft., compared to Area I's 8,074 sq.ft. The circulation of both areas is tied to street
"A" East which forms a loop connection with Mt. Miguel Rd. and street 'T' which borders the
community park site. The lot and street design are in response to the underlying topography
which rises steadily to the east. In two instances in the center of Area H, cul-de-sacs have been
designed with an inter-connecting common lot, which will serve as a small, neighborhood
pocket-park and an emergency vehicle through access. The SPA Plan establishes design
requirements for the lots, including use of turf block, and added reinforcements of adjoining
sidewalks and curbs. An access for pedestrians and emergency vehicles is also provided at the
noah end of street 'T' west of Lot 42, and connects with the Greenbelt Trail and adjoining
SDG&E transmission line corridor.
Lots H-A through H-E, and I-A and I-B contain common slopes and open space areas,
streetscapes, trails and the cul-de-sac pocket parks noted above.
Area CP- This 16.5 gross acre area comprises the community park site (Lot CP-A), located
off of Mt. Miguel Rd. at street 'T'. Street 'T' forms the easterly edge of the site and provides
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easy and open access into the park. Final grading and design of the community park site is
subject to the required future San Miguel Ranch Community Park Master Plan. The amount of
net, useable acres within the site will exceed the project' s requirement of 12.5 net, useable acres.
Lot CP-B, Community Purpose Facility (CPF), is located at the noaheast comer of Area CP
adjacent to the community park site. Per the approved SPA Plan, this is the secondary CPF site
which comprises the 2.7 net useable acres of required CPF land that could not be provided at the
primary CPF site, Area M, due to topographic constraints. Conditions of SPA approval require
that Lot CP-B be used for a recreation-oriented, non-profit, community use which is compatible
to, and integrated with the community park. The Community Park Master Plan must coordinate
the design of both uses, and as a result, proposed tentative map conditions of approval provide
that the configuration of Lot CP-B may change subject to outcomes of the Master Plan.
Area M- This 5 acre lot (Lot M-A) at the noah-east comer of Mt. Miguel Rd. and East H
Street/Proctor Valley Rd., provides a 3.1 acre net, useable pad in primary satisfaction of the
project's 5.7 net acre total CPF requirement. As previously noted, the entire requirement could
not be satisfied at this single site due to topographic constraints. The site is well situated along
two major roadways for a CPF use such as a church, and is intended to have access from both
roadways. Final grading and design are subject to site plan review and approval.
Immediately north is another 5 acre lot (Lot M-B) which encompasses a proposed drainage
detention basin within an existing, natural drainage. The basin will handle flows from San
Miguel Ranch and a portion of the Rolling Hills Ranch project. Maintenance access is provided
from Mt. Miguel Rd., and a two project trails cross through the area near Mt. Miguel Rd.
AreaN- This 14.31-acre lot provides a 10.7 net acre pad for the development of a
neighborhood serving comxnercial center. The site is strategically located at the southeast comer
of East H St./Proctor Valley Rd. where it is accessible from the project and surrounding
developments including Rolling Hills Ranch, Estancia, Cabo and portions of Eastlake I. It is
proposed to be elevated 15 to 20 feet above the surrounding streets due to the large hill, which
currently exists along the easterly edge and in Area A. The commercial site is functionally part
of a small "civic core" which includes the future City fire station, Mackenzie Creek Park and
Thorgood Marshall Elementary School to the south in the Rolling Hills Ranch project, as well as
the CPF site at Area M.
Area NP- This 3.49 acre lot provides a 2.02 net acre pad for a private neighborhood park.
Since there was not a required public neighborhood park site within the project area, the
approved GDP and SPA Plan require this private site to provide for local demands. The site is
centrally located within the project's east subarea along street "A", is near the elementary school
site, and is accessible by trails which also connect to the community park site through Area E-1.
Final grading, design, and recreational features of the park are subject to site plan review and
approval.
Area S- This 13.5 acre lot provides a 10 acre net pad area for an elementary school. The
site has two points of access, one internal to the project on street "U" within Area E, and the
other from Proctor Valley Rd. on the south. Final grading, circulation and school design is
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subject to the development of a site plan by the Chula Vista Elementary School District
(CVESD). The CVESD has been consulted throughout the planning process, and is committed
to work with the City and existing residents in the Estancia neighborhood to the south of the site
to address concerns regarding traffic circulation and safety raised during the SPA review process.
Area OS-2- This 5.1 acre lot contains a large, manufactured slope which results from grading
of the adjoining community park site. The slope will not be part of the dedicated park site, but
will remain in a separate common lot which will be landscaped and maintained by the HOA
Area OS-3- This 103.21 acre lot encompasses an open space area which contains a prominent
ridgeline and forms the eastern boundary of the project. This area contains Diegan and Coastal
Sage Scrub, and is an integral part of the project's biologic mitigations. The area will remain
ungraded except for the construction of the Greenbelt Trail linkage easterly to the Otay Water
District property and Salt Creek. While a proposed alignment which largely follows an existing,
disturbed dirt road course has been shown on the tentative map, establishing this as a final
alignment is subject to any necessary, further environmental review. The tentative map
conditions require that the final alignment and any necessary, related enviromnental clearances
be resolved prior to the approval of a final map within Area I.
Area OS-4- This 11.1 acre area is comprised of three lots which include manufactured slopes
bordering the off-site Haley's Subdivision area, and a natural drainage area south of Proctor
Valley Rd. near the school site.
Area OS-5- This 4.4 acre lot contains both manufactured and ungraded slope areas largely
within the SDG&E easement at the south-east quadrant of future Mt. Miguel Rd. and SR-125.
Phasing
As set forth in the project's adopted Public Facilities Financing Plan (PFFP), the development is
generally proposed to phase from east to west, and is comprised of four phases (see Attachment
5). The general approach of the phasing is to extend Mt. Miguel Rd. into the project site from
the south to serve residential areas C, D, H, I and the community park Area CP as Phase I, and
then to extend west of Area E-1 to the easterly side of future SR-125 and develop Areas B, E, G,
NP and S in Phase II. Phase III is intended to occur subsequent to the construction of SR-125,
and involves development west of SR125 including Areas J, K and L. This is predicated upon
the need for the bridge over SR-125 in order to extend Mt. Miguel Rd. west to serve those areas.
Phase IV involves development of the primary CPF site, the commercial center and the adjoining
multi-family site in Areas M, N and A respectively. Although these sites are shown as Phase IV,
it is possible that they could develop earlier based upon market demand.
Overall, the most critical phasing consideration identified in the PFFP regards managing street
system capacity prior to the construction of SR-125 to ensure maintenance of traffic threshold
standards on East H St. The PFFP identified that not more than 675 equivalent dwelling units
(EDUs) could be constructed within area east of SR-125 prior to construction of SR-125.
Development would not occur in areas west of SR-125 until after SR-125. Proposed tentative
map conditions formally establish this limit, which represents approximately one-half of the
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residential units within the project area east of SR-125, or some combination of residential units
and non-residential development such as the school, parks, CPF site and/or the commercial
center. Should SR-125 be significantly delayed, conditions of approval have been prepared to
ensure that at minimum, interim improvements are completed on the community park site, and
that the private neighborhood park will be developed so that residents will have park amenities.
Conditions of approval also ensure that the Otay Tarplant preserves will occur, regardless of this
traffic-related phasing condition.
Following is a land use summary for each of the four phases:
Land Use Units Acres % of Phase Units % of Project
Units
PHASE I
Area C SFA/SFD 100 13.12 22.2% 7.2%
Area D SFA/SFD 116 22.36 25.5% 8.4%
Area H SFD 131 19.65 28.8% 9.4%
Area I SFD 107 19.83 23.5% 7.7%
Area CP Community Park N/A 16.50
Areas OS-2 & 3 Open Space N/A 108.31
Subtotal: 454 199.77 100%o 32.7%o
PHASE It
Area B MF 219 10.21 45.4% 15.8%
Area E SFD 144 19.48 29.8% I0.4%
Area F SFD 46 7.67 9.6% 3.3%
Area G SFD 73 12.64 15.2% 5.3%
Area NP Neigh. Park N/A 3.49
Area S Elementary School N/A 13.50
Area E-I Easement N/A 6.33
Area OS-1 Otay Tarplant Preserve N/A 28.03
Areas OS-4 & - Open Space N/A 15.50
5
Subtotal: 482 116.85 100%o 34.8%
PRE- SR-125
LIMIT 675 EDUs 48.7%
PHASE III
Area J SFD 162 36.24 50.8% I 1.7%
Area K SFD 84 39.23 26.3% 6.1%
Area L SFD 73 46.53 22.9% 5.2%
Area OS-6 Otay Tarplant Preserve N/A 38.26
Areas OS-8 & -9 Open Space N/A 12.18
Subtotal: 319 172.44 100% 23.0%
PHASE IV I
Area A MF 129 7.16 100% 9.3%
Area M CPF 5.00
Area N Retail Commercial 14.31
Subtotal: 129 26.47 100% 9.3%
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Meeting Date: 2/29/00
Other
The applicant is requesting several subdivision map design waivers. Waivers are fairly typical
for subdivision maps, and those requested have been reviewed by the City's Engineering
Division. Based on the Project Engineer's assertion that the waivers will not be detrimental to
public safety, the City Engineer has consented to the requested waivers. For example, the
waivers cover such items as the relation of lot lines and slopes, and lot lines that are not
perpendicular or radial to a street. In any instance where a waiver is not approved by the City
Engineer, the developer would be required to modify the subdivision design.
ANALYSIS:
Land Use and Design
As previously noted, staff has thoroughly reviewed the proposed San Miguel Ranch Tentative
Map and finds its design, land use, circulation and infrastructure proposals to be in substantial
conformance with provisions of the SPA Plan approved in October 1999. As provide for in the
SPA, the applicant has requested, and the Planning and Building Department has
administratively approved, minor density transfers involving 20 units which are reflected in the
neighborhood dwelling unit counts on the tentative map's land use table. The transfers include:
AREA SPA UNITS TM UNITS DIFFERENCE
C 100 105 +5
D 116 121 +5
E 141 144 +3
F 47 46 -1
G 68 73 +5
H 137 131 -6
I 118 107 -11
K 86 84 -2
L 71 73 +2
As required by the SPA, each increase is accompanied by a corresponding decrease so as to
remain within the SPA's land use approvals. In the case of Neighborhoods C and D which are
subject to future site plan review, the requested transfers are only tentatively approved. Final
authorization of the requested transfers is subject to approval of the site plan, and dependent
upon the ability of the plan to satisfactorily accommodate the units consistent with all zoning and
design provisions of the SPA and PC District Regulations.
It should be noted that due to the site's inherent topographic and other constraints, staff required
the applicant prepare a preliminary, tentative map level lotting and grading design study as part
of the SPA Plan effort. This was done to ensure that the later tentative map submittal would not
present new issues which had not been identified at the SPA Plan level.
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Each of the single family detached residential neighborhoods has been reviewed on a lot-by-lot
basis to determine conformance with the SPA's PC District regulations and Design Guidelines.
This is particularly important for Areas K and L which were required to maintain an average lot
size of not less than 20,000 sq.ft. Consistency was also checked for those areas where minimum
lot sizes were to apply to the graded pad area of the lot.
Residential super lots are shown for Areas C and D, which per the SPA Plan may provide small-
lot single family detached, or single family attached units subject to future site plan review and a
subsequent tentative map. Two other residential super lots are shown for Areas A and B. Area
A is a future multi-family rental housing site adjacent to the commercial center, and Area B is
anticipated for a stacked condominium product subject to a subsequent tentative map. Both of
these Areas are also subject to site plan review.
Each of the non-residential lots is also consistent with SPA Plan requirements, and various
conditions of approval have been prepared to ensure that these lots are set aside for their intended
purpose, and in the case of opens space lots, that they are dedicated prior to development.
Open Space and Preserves
In addition to typical open space lots encompassing common slopes and landscape areas, San
Miguel Ranch provides for significant open space areas totaling approximately 245 acres, or
about 33% of the 743 acre tentative map area. This encompasses both open space required to
preserve environmental resources, including required Otay Tarplant preserves in Areas OS-1 and
OS-6, as well as open space associated with landform preservation such as portions of OS-5, OS-
7 and OS-9. This acreage is in addition to the 1852 acre North Parcel which has already been set
aside in permanent preserve. All totaled, only approximately 19% of the original GDP land
holding is proposed for development.
Conditions of approval prescribe that the City will not issue any form of clearing or grading
permit for the project until the required Otay Tarplant Habitat Management Plan has been duly
approved by the City and any other applicable agencies, such as the US Fish and Wildlife
Service and California Department of Fish and Game. Additionally, the conditions require that
the applicant establish an endowment to ~md long-term management and maintenance, secure
future conveyance of those lands to an appropriate third-party management entity in conjunction
with final map approvals. In further recognition of the requirements of the MSCP, areas such as
OS-3 are to also be set aside, and conditions of approval specify that the project's required Brush
Management Program must be in compliance with MSCP provisions, particularly in regard to
buffers and other pertinent matters in areas adjacent to the Otay Tarplant preserves, and other
biological mitigation areas such as OS-3.
Grading
The approved SPA Plan directly addressed the significant topography and landform
characteristics of the San Miguel Ranch site, which most notably contains the Horseshoe Bend
and Gobbler's Knob features. While the SPA Plan, and associated FSEIR-97-02, recognized that
there would be significant grading and landform impacts associated with development of the
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Meeting Date: 2/29/00
planned land uses, it specifically established policies in Chapter IV requiring the grading
program to adhere to the City's landform grading provisions. It also provided for the
preservation of substantial features such as the site's eastern ridgeline in OS-3, large portions of
Horseshoe Bend in OS-1, OS-6 and OS-7, and a portion of Gobblers Knob in OS-9. The vast
majority of grading impacts occurring to Horseshoe Bend are the direct result of SR125 grading.
Because of the site's difficult topography, and to ensure that there would be no confusion as to
expectations for the grading program, the SPA included a map indicating specific areas where
landform grading requirements would apply (see Attachment 4), and then set forth specific
grading guidelines for each of these areas. The mass grading proposals of the tentative map have
been designed to adhere to the approved SPA guidelines for each of the identified major slope
areas. A separate Landscape Master Plan for the project is currently under review, and will
provide for significant screening and softening of prominent graded slopes.
Consistent with the SPA Plan, the tentative map employs the use of curvilinear streets and cul-
de-sacs to allow street and lot grades to follow the topography, which rises steadily from west to
east across the site. The result is a better landform relationship which avoids the use of large-
scale sheet grading characteristic of prior GDP proposals for this site. As a result, the San Miguel
Ranch tentative map includes a number of streets with slopes in the 6% to 8% range.
Circulation
The subdivision includes 3 major roadways', future Mt. Miguel Rd., Proctor Valley Rd. along the
western frontage of the project, and East H St./Proctor Valley Rd. adjacent to the CPF and
commercial sites in the southeast portion of the project. Required improvements for each of
these roads are as follows:
1. Mt. Miguel Rd. - installation of full street improvements to be constructed by the developer
from the existing terminus near the Estancia subdivision, north and west through the site to
existing Proctor Valley Rd. at the project's western edge. The developer will receive
TransDIF credit for this construction. The bridge required over SR-125 is to be constructed
by Caltrans/CTV.
2. Proctor Valley Rd. - installation of full street improvements along the project's westerly
frontage from future Mt. Miguel Rd. south to the project boundary at the eastern side of
SDG&E easement E-2. The developer will construct the street in conjunction with
development of the adjacent neighborhoods in Phase III, and will be eligible to receive
proportionate reimbursement from the Bonita Meadows project if and when it develops. The
developer will also construct full improvements from the existing end of pavement near the
Estancia subdivision to the project boundary west of the school site as a project exaction.
3. East H St./Proctor Valley Rd. - installation of remaining improvements~ which include bus
turnouts and related appurtenances. Conditions of approval require the applicant to post cash
deposits for these improvements.
The internal street system provides six points of access off of Mt. Miguel Rd., and the applicant
proposes raised, planted medians in Mt. Miguel Rd. at both the easterly and westerly entrances to
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Meeting Date: 2/29/00
enhance the project's aesthetics. Neighborhoods K and J in the west are served by a loop road
which also provides a connection to Proctor Valley Rd. to enhance access and emergency
services. Neighborhood L is designed around an elongated cul-de-sac street in response to
topography and the lack of connecting streets to the north in the unincorporated Sunnyside area.
The central portion of the eastern area of the project is served by a non-loaded residential
collector which provides two points of access from Mt. Miguel Rd., and convenient connections
to the neighborhood park, school site and surrounding neighborhoods. Neighborhoods H and I to
the east of the community park are served by a series of concentric streets in response to the
topography. Where cul-de-sacs are used. through connection for emergency vehicles and
pedestrians is provided through common lots which will also serve as small, neighborhood
pocket parks. This also provides for easy access of residents to the community park which is
bounded by a single loaded street along its eastern edge.
Parks/Trails
The tentative map provides for four levels of park amenities; a 16.5 acre public community park
site (Area CP), a 3.49 acre private neighborhood park site (Area NP), a neighborhood pocket
park (OS-8), and 3 smaller pocket park spaces where back to back cul-de-sacs occur.
The community park will be improved with traditional, active facilities such as sports fields, as
well as with typical passive picnic facilities. Staff is in the process of completing a Citywide
Parks Master Plan which will provide community park design guidelines, and prescribe
amenities for community and neighborhood parks, including specific amenities for the proposed
San Miguel Ranch community park. Development of the community park site is subject to the
approval of a specific community park master plan for San Miguel Ranch. Conditions of
approval establish time frames for preparation and approval of this plan, and for timing for
construction of the park. The proposed community park more than satisfies the project' s park
acquisition and development requirements of 12.5 net useable acres of park, and the City will
reach an agreement with the developer as to compensation for any excess acres provided.
Maintenance for this public park will be provided by the City.
Since the City General Plan did not specifically locate a typical, public neighborhood within the
San Miguel Ranch project site, the private neighborhood park was required to serve the project's
needs. Development of this site is also subject to review and approval of a park improvement
plan, and it is envisioned that the amenifies would complement those provided at the community
park site. Conditions of map approval also establish time frames for preparation and approval of
this plan, and for development of the site. Maintenance will be provided by the HOA.
The several smaller pocket park areas are also subject to plan review and approval, but with
lesser formality than the community or neighborhood park plans. These sites are envisioned for
passive use and amenities, and will be maintained by the HOA.
The tentative map also establishes an extensive trail system within the project which provides
required linkages with other City trail systems in the area, including a portion of the City's
Greenbelt Trail system through the community park and the OS-3 area. The proposed trail
system also provides for internal project connections between neighborhoods and the parks, the
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school and the commercial area to encourage walking. Most of the project's ca-de-sac streets are
designed with open ends to allow pedestrian and trail access. SDG&E easement E-1 contains a
community trail which connects between Proctor Valley Rd., Mt. Miguel Rd. and the community
park site. Conditions of approval require the applicant to secure necessary agreements with
SDG&E prior to approval of final maps along the corridor.
Because of the project's location adjacent to the Sunnyside area, the tentative map also
establishes equestrian trail connections along the project's west and south edges with Proctor
Valley Rd., which then continue along the easterly side of Mt. Miguel Rd., to the community
park site. The equestrian trail then runs along the western edge of the community and park site,
along the northerly boundary of Neighborhood I through Area OS-3 to the project's eastern
boundary with the Otay Water District property. These connections continue existing linkages to
equestrian trails on Mother Miguel and San Miguel Mountains, in eastern Proctor Valley and
along Salt Creek.
Communi.ty Purpose Facilities
The project's required 5.76 net usable acres for community purpose facilities (CPF) is provided
in two separate sites. The primary CPF site provides 3.1 net acres and is located at the noah-east
corner of Mt. Miguel Rd. and East H St./Proctor Valley Rd. (Area M). While this was the
original site depicted in the GDP, topographic constraints did not permit all of the required
acreage to be provided there. The SPA required that Area "M" function as the primary CPF site
and provide at least 3 net useable acres to ensure its viability. The SPA prescribed that the
remaining, required acreage be sited at a secondary site in conjunction with the community park,
and conditions of SPA approval required provision of a multi-purpose community building and
associated parking to accommodate park compatible CPF uses such as a YMCA, Boy Scouts or
Girl Scouts, or other recreation oriented functions. The SPA conditions further established that
the use and design of this secondary CPF site be integrated with the community park, and
addressed as part of the future community park master plan. It was also established that the
secondary CPF site acreage would be above and beyond acreage associated directly to the
community park function, and would not be credited towards meeting any of the proj ect's public
park requirements.
Based on the 3.1 net acres provided at the primary CPF site (Area M), the tentative map provides
a 2.7 net useable acre site (Lot CP-B) adjacent to the noaheast comer of the community park site
(Lot CP-A) with frontage and access along street 'T'. The tentative map conditions require that
the applicant market Lot CP-B to recreation-oriented non-profit entities who would develop the
site with a use compatible to the community park, and who may or may not provide the noted
multi-purpose building, subject to the City's discretion. The identification of a non-profit user
would be required to occur prior to the completion of the community park master plan, so that
the plan could properly consider the location, configuration and design relationship of the CPF
site (Lot CP-B) in relation to the surrounding community park uses. In this regard, a related
condition of tentative map approval establishes that the location and configuration of Lot CP-B is
subject to change pursuant to the community park master plan. Several other related tentative
map conditions are intended to secure that the site is used and developed in the prescribed
manner compatible to the conununity park.
Page 16, Item:
Meeting Date: 2/29/00
Schools
As noted earlier, the project will provide a site for an elementary school. Tentative map Area S
(Lot S-A) provides a 13.5 gross acre site with a 10.0 net acre pad. The Chula Vista Elementary
School District (CVESD) deemed the site as adequate during the SPA Plan process. The
subdivision has been designed to provide access to the site from both Proctor Valley Rd. on the
south, which will serve as the main access, and an internal subdivision access on the north from
street "U" in Neighborhood E. The intemal access is intended to offset traffic at Proctor Valley
Rd. by providing a second pick-up and drop-off point, as well as convenient pedestrian access.
The applicant has also independently entered into a Mello-Roos Community Facility District
agreement with the CVESD to fully mitigate enrollment impacts from the project. A tentative
map condition requires the applicant dedicate the elementary school site in-fee to the CVESD in
accordance with the provisions of the applicant's agreement with the CVESD, and to the
CVESD's satisfaction.
During the SPA Plan hearings, residents of the existing Estancia subdivision which is south of
Proctor Valley Rd. across from the school site, expressed great concern with potential spill over
traffic from the school into their neighborhood. In conjunction with City approval of the SPA
with the noted two accesses to the school site, the CVESD recognized the need to actively
involve the Estancia residents in the CVESD's future site plan development for the school. The
City will also be involved in that future effort to ensure that traffic circulation concerns are
addressed.
As established with the Sweetwater Union High School District (SUHSD) as part of the SPA and
PFFP, middle- and high school students generated from the project will attend Bonita Vista
Middle and Bonita Vista High Schools. The applicant has also independently entered into a
Mello-Roos agreement with the SUHSD to ensure full mitigation of enrollment impacts
generated by the project.
Compliance with the San Mi~uel Ranch Public Facilities Financin~ Plan and Fiscal Impact
Analysis
The approved San Miguel Ranch Public Facilities Financing Plan and Fiscal Impact Analysis
(PFFP/FIA), analyzes the impacts of the San Miguel Ranch project and identifies the required
facilities or fees to mitigate the impacts, pursuant to the Threshold Standards and the City's
Growth Management Ordinance. The finance section addresses the costs of the facilities and the
obligation of the developer to pay for the mitigation. The proposed tentative map reflects
adequate infrastructure consistent with the approved PFFP/FIA, and all facilities and
infrastructure required of the San Miguel Ranch project will be constructed by the developer
through subdivision exactions, or financed through the payment of Development Impact Fees or
the formation of community facilities districts. The proposed tentative map conditions of
approval outline more specifically the required public facilities and installation timing,
predicated upon the project phasing plan in the approved PFFP. To the extent that the developer
desires to change that phasing, the conditions require that PFFP be amended, and that the
Page 17, Item:
,./
Meeting Date: 2/29/00
installation timing requirements in the tentative map conditions be accordingly revised to the
satisfaction of both the Director of Planning and Building and the City Engineer.
The Fiscal Impact Analysis (FIA) analyzes the costs and revenues associated with project over
time, and at buildout, and identifies whether projected revenues generated by the project (e.g.,
property tax, sales tax, etc.), will cover the cost to the City to serve the project area (e.g., police
and fire service, parks and recreation, street maintenance, etc.). As presented during the SPA
approval process, the FIA identified that the project would operate at a net, annual fiscal deficit
of $125,100 at buildout due largely to property tax revenue sharing under the Master Property
Tax Transfer Agreement which applies to areas to be annexed. As a result, SPA conditions of
approval required that the applicant enter into an agreement with the City to mitigate that deficit
prior to annexation.
Staff has since worked with CIC Research, Inc., who prepared the FIA, to quantify the costs of
the deficit over time, and prepare funding altematives which could include a one time fee, or a
fee which could be paid with each building permit. Although the identified deficit could
continue indefinitely, it is difficult to forecast future revenue and expenditures. As a result, the
City will require the deficit to be mitigated for each of the years the project is under construction,
plus 10 years beyond project buildout, or 15 years total. The proposed tentative map conditions
require that the applicant, prior to annexation of the project site, establish a mechanism to the
City's satisfaction to mitigate the deficit. They also require the applicant to establish a fund to
cover the cost of annual fiscal reviews through the year 2015. The City has also requested that
LAFCO formally condition annexation approval upon the applicant establishing a mitigation
mechanism to the City's satisfaction.
Compliance with the San Miguel Ranch General Development and SPA Plans
As noted in this report, the tentative map consistently implements the adopted San Miguel Ranch
GDP and SPA Plan, and therefore, as conditioned is found to be in substantial compliance with
these regulatory documents and all other applicable City regulations and policies.
Compliance with Planned Communi.ty District Regulations
The tentative map has been designed in accordance with the San Miguel Ranch Planned
Community (PC) District Regulations which provide standards and related criteria with respect
to residential products, lotting standards and densities, and non-residential support land uses.
All residential super lots which will contain small-lot single family detached, single family
attached, and multi-family condominium or rental units, as well as all lots for non-residential
uses, are subject to future site plan and design review.
CONCLUSION:
For the reasons noted in this report, staff recommends approval of the proposed tentative map in
accordance with the attached Planning Commission Resolution.
FISCAL IMPACT:
Page 18, Item:
Meeting Date: 2/29/00
The applicant has paid for all costs associated with the processing of this tentative subdivision
map application. The conditions of approval also require that the various future development
and infrastructure costs will be paid by the applicant through either project exactions, the
payment of fees, or the formation of community facilities districts. Any required agreements
related to such will be addressed during the Final Map process. The project's annual fiscal
deficit identified by the Fiscal Impact Analysis is required to be mitigated to the City's
satisfaction prior to annexation of the project site into the City.
Attachments:
1. Locator Map
2. Site Characteristics
3. SPA Site Utilization Plan
4. Tentative Map Key May
5. Phasing Plan
6. Land Form Grading Areas
7 Disclosure Statements
(H:\HOME\PLANNING\ED\SAN-MIG\TM-CCst£rpt.doc)
PROJECT LOCATION
/
L -
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT TRI MARK PACIFIC-SAN MIGUEL LLC. PROJECT DESCRIPTION:
( ~P.c~. TENTATIVE SUBDIVISION MAP
PROJECT Unincorporated County area adjacent
LOCATION: to the no~lhedy boundary of Chula V~sta. Request: Proposed s~bdivision of the 743.1 acre San
Miguel Ranch property to provide a total of
SCALE I FILE NUMBER: 1,385 dwelling units.
NORTH No Scale PCS - 99-04
APPENDIX B
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaig
contributions, on all matters which will required discretionary action on the part of the City Council, Planning Commission, ar
all other official bodies. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property which is subject of the application or the contrac
e.g., owner, applicant, contractor, subcontractor, material supplier.
TRIMARK PACIFIC - SAN MIGUEL LLC
2. If any person* identifies pursuant to (I) above is a corporation or partnership, list the names of all individuals ownin
more than 10% of the shares in the corporation or owning any partnership interest in the partnership.
3. If any person* identified pursuant to ( 1 ) above is non-profit organization or a trust, list the names of any person servin,~
ass director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions.
Committees, and Council within the past twelve months? Yes No X If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or independent contractors whc
you have assigned to represent you be~x,~e the ~i~e~ matter.
STEPHEN E. HESTER, TRIMARK PACIFIC, SAN :.',A~'~gS LLC
LEX WILLIMAN, HUNSAKER & ASSOCIATES
6. Have you and/or your officers or agents, in the aggregate, contributed more than $I,000 to aCouncilmember in the
current or preceding election period? Yes__ No X If yes, please indicate councilmember(s):
STEPHEN E. HESTER
Pr~t or ~¢ n~c o~ coa~actodapplic~t
* Person B ~f~d ~: "j~ i~M~], ~. c~r~r3hip, joint ~n~, ~tio~ s~ial club, ~ate~l organ~on, co~tion. estate. ~t, ~r. ~i~te, thl
and a~ o~r count. ci~ aM co~, ci~ ~ici~li~, d~ict, or ot~r politi~l ~bd~ion. or a~ ot~r Fo~ or combi~tion ~tjng ~ a unit."
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE TENTATIVE SUBDIVISION MAP AND CONDITIONS OF
APPROVAL FOR SAN MIGUEL RANCH, CHULA VISTA TRACT 99-04
I. RECITALS
A. Project Site
WHEREAS, the area of land which is the subject matter of this resolution is
diagrammatically represented in Exhibit A, attached hereto and incorporated herein by this
reference, and commonly 'known as the San Miguel Ranch Tentative Subdivision Map, Chula
Vista Tract 99-04; and for the purpose of general description herein consists of 743.1 gross
acres located east and north of Proctor Valley Road, south of Sweetwater Reservoir and
Mother Miguel Mountain, and west of the Rolling Hills Ranch Area ("Project Site"); and,
B. Project; Application for Discretionary Approval
WHEREAS, on November 12, 1999, Trimark Pacific-San Miguel LLC ("Developer")
filed a tentative subdivision map application with the Planning and Building Department of
the City of Chula Vista requesting approval of the Tentative Subdivision Map for San
Miguel Ranch, Chula Vista Tract 99-04 in order to subdivide the Project Site into eight-
hundred twenty (820) single-family residential lots; four residential super lots with capacity
for 574 dwelling units; one commercial center lot; nine open space lots, two park lots, one
school site; two community purpose facility lots; and various special lots (i.e. private pocket
parks, landscape buffer areas, and slope lots) throughout the Subdivision ("Project"); and,
C. Prior Discretionary Approvals
WHEREAS, the development of the Project Site has been the subject matter of
various entitlements, including: 1) a General Plan Amendment ("GPA") 96-01 and San
Miguel Ranch Amended Horseshoe Bend General Development Plan CGDP") PCM 96-05
previously approved by City Council Resolution No. 18532 on December 17~ 1996; 2) the
San Miguel Ranch Sectional Planning Area Plan ("SPA") PCM 96-04 previously approved
by City Council Resolution 19631 on October 19, 1999; 2) San Miguel Ranch Planned
Community District Regulations; 3) San Miguel Ranch Design Guidelines; 4) San Miguel
Ranch Public Facilities Financing Plan; 5) San Miguel Ranch Affordable Housing Program;
6) Air Quality Improvement Plan (AQIP); 7) San Miguel Ranch Water Conservation Plan
(WCP); and all previously approved by City Council Resolution No. 19631, and Ordinance
2799 on October 19, 1999; and,
WHEREAS, the City Council, in the environmental review of said SPA Plan and
related documents, relied on the San Miguel Ranch Final Subsequent Environmental Impact
Report No. FSEIR 97-02 (Third Tier EIR); and,
Page 2
WHEREAS, the Tentative Subdivision Map is a subsequent activity in the program
of development environmentally evaluated under FSEIR 97-02, that is virtually identical in
all relevant respects including lot size, numbers of lots and dwelling units, lot configurations,
roadway facilities, etc., to the project descriptions in said former environmental evaluation;
and,
WHEREAS, the Environmental Review Coordinator has determined pursuant to
Section 15162 of the CEQA Guidelines that "When an EIR has been certified or a negative
declaration adopted for a project, no subsequent EIR shall be prepared for that project unless
the lead agency determines, on the basis of substantial evidence... substantial changes are
proposed which will require major revisions of the previous EIR or negative declaration due
to the involvement of new significant environmental effects...", the project is in substantial
conformance with the project analyzed in the Final Subsequent Environmental Impact Report
for the San Miguel Ranch SPA, EIR 97-02, previously certified by the City Council on
October 19, 1999, and therefore any impacts associated with the proposed tentative
subdivision map have been previously addressed; and,
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on February 23, 2000 and, after hearing staff presentation and public testimony,
voted ( ) to recommend that the City Council approve the Project, in accordance with
the findings and subject to the conditions listed below; and,
E. City Council Record of Applications
WHEREAS, a duly called and noticed public hearing on the Project was held before
the City Council of the City of Chula Vista on February 29, 2000, on the Project and to
receive the recommendations of the Planning Commission, and to hear public testimony with
regard to same; and,
WHEREAS, the city clerk set the time and place for a hearing on said tentative
subdivision map application and notice of said hearing, together with its purpose, was given
by its publication in a newspaper of general circulation in the City, and its mailing to
property owners within 500 ft. of the exterior boundary of the project 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. February 29, 2000, in the Council Chambers, 276 Fourth Avenue, before the City
Council and said hearing ~vas thereafter closed.
Page 3
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine
and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing on the Project held on February 23, 2000, and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
On October 19, 1999, the City Council of the City of Chula Vista previously reviewed,
considered, and certified FSEIR-97-02 (Final Subsequent Environmental Impact Report for
San Miguel Ranch).
iV. CEQA FINDINGS REGARDING PROJECT WITHIN SCOPE OF PRIOR
SUBSEQUENT EIR
The City Council hereby finds that: (1) there were no changes in the Project from the
noted FSEIR which would require revisions of said report; (2) no substantial changes
have occurred with respect to the circumstances under which the Project is being
undertaken since the previous report; and (3) no new information of substantial
importance to the Project has become available since the issuance and approval of the
prior report, and that, therefore, no new effects could occur or no new mitigation
measures ~vill be required in addition to those already in existence and made a condition
for Project implementation. Therefore, the City Council approves the Project as an
activity that is within the scope of the project covered by the prior Final Subsequent
Environmental Impact Report (FSEiR 97-02).
V. NOTICE WITH LATER ACTIVITIES
The City Council does hereby give notice, to the extent required by law, that this Project was
tMIly described and analyzed and was within the scope of FSEIR-97-02 which adequately
described the activity for the purposes of CEQA.
VI. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Govemment Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that the Tentative Subdivision Map as conditioned herein for San
Miguel Ranch, Chula Vista Tract No. 99-04 is in conformance with the elements of
the City's General Plan, based on the following:
Page 4
a. Land Use
The San Miguel Ranch Sectional Planning Area (SPA) plan provides for Low
(0-3 du/ac), Low Medium (3-6 du/ac), Medium (6-11 du/ac), and Medium
High (11-18 du/ac) residential densities, as well as Commercial (CS),
Elementary School (ES), Parks (P), Open Space (OS), Public Quasi-public
support (PQP) land uses for 1,394 dwelling units (1.9 du/ac.). The proposed
subdivision proposes 1,394 dwelling units and incorporates a variety of lot
sizes within the density range allowed by the SPA and other lots to satisfy the
park dedication and Community Purpose Facilities (CPF) requirements.
Thus, the Project as conditioned, is in substantial compliance with the San
Miguel Ranch Amended Horseshoe Bend GDP and San Miguel Ranch SPA.
b. Circulation
All on-site and off-site public streets required to serve the subdivision will be
constructed or DIF fees paid by the developer in accordance with the San
Miguel Ranch Public Facilities Financing Plan.
The public streets within the project will be designed per City design
standards and/or requirements. The adjoining street system was designed to
handle the anticipated flow of traffic from this and other area projects.
Conditions of approval have been included in this resolution of approval
which require on and off-site circulation system improvements will be
provided to handle circulation from this Project and future projects in the
area.
c. Housing
The San Miguel Ranch Affordable Housing Program has been adopted and
incorporated into the San Miguel Ranch SPA Plan to ensure that a minimum
of 10% affbrdable housing for residents with low and moderate incomes is
provided. This project has been conditioned to require that the City and
applicant enter into an agreement specifying phasing of affordable housing
prior to approval of the first final map. In addition, a mix of housing types
and lot sizes for single-family, townhouses, condominium and various
apartment densities will also be provided for persons of various incomes.
d. Conservation
The Final Subsequent Environmental impact Report FSEIR-97-02 which
Page 5
was previously certified on 10/19/99, addressed the goals and policies of the
Conservation Element of the General Plan and found the development of this
site to be consistent with these goals and policies.
e. Parks and Recreation, Open Space
The San Miguel Ranch Tentative Subdivision Map provides a community
park, private neighborhood parkl private useable open space as well as
biological preserves, and regional as well as community equestrian and
pedestrian trails consistent with the General Plan, San Miguel Ranch
Amended Horseshoe Bend General Development Plan and San Miguel Ranch
SPA goals and objectives.
f. Safety
A geotechnical study has been prepared, and conditions of approval have
been included in this resolution which ensure that the proposed subdivision is
in conformance with the goals and policies of the Seismic Element of the
General Plan for this site.
The Fire and Police Department and other emergency service agencies have
reviewed the proposed subdivision for conformance with City safety policies
and have determined that the proposal as conditioned will provide necessary
improve~nents such as access roads, sprinkler systems, and fire hydrants.
Also, a brush management plan will be approved prior to approval of the
final map, and therefore the project will meet the City Threshold Standards
for emergency services.
g. Noise
Noise mitigation measures included in the Environmental Impact Report
FSEIR-97-02 and conditions of approval contained herein adequately address
the noise policies of the General Plan. The project has been conditioned to
require preparation of an acoustical study to ensure that all dwelling units be
designed to preclude interior noise levels over 45 dBA and exterior noise
exposure over 65 dBA for all outside private patio areas.
h. Scenic Highway
The project site is located adjacent to a designated scenic high~vay (Proctor
Valley Road east of East H Street). The project is incompliance with the
Page 6
Scenic High~vay Element because a prominent ridge on the noah side of this
road ~vill be designated as open space preserve, and a landscaped open
space/trail buffer ranging in width from 20 to 60 feet will be provided along
the both sides of the scenic highway.
i. Bicycle Routes
Bicycle lanes have been incorporated within the San Miguel Ranch design
and will be connected to the existing bicycle lane system. In addition, the
public streets within the project are of adequate width to accommodate
bicycle travel within the interior of the subdivision.
j. Public Buildings
No public buildings are proposed on the project site. The project is subject to
Residential Construction Tax fees prior to issuance of building permits.
B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it
has considered the effect of this approval on the housing needs of the region and has
balanced those needs against the public service needs of the residents of the City and
the available fiscal and environmental resources.
C. The configuration, orientation and topography of the site partially allows for the
optimum setting of lots for passive or natural heating and cooling opportunities as
required by Government Code Section 66473.1.
D. The site is physically suitable for residential development because the project design
is consistent with land use element, environmental impacts of the project to the site
and surrounding area have been addressed in compliance with CEQA, and the
proposal conforms to all standards established by the City for such projects.
E. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extent to the impact
created by the proposed development.
BE 1T FURTHER RESOLVED that the City Council does hereby approve the Project
subject to the general and special conditions set forth below.
VII. CONDITIONS OF APPROVAL
The City Council hereby approves the Project subject to the conditions of approval set forth
Page 7
in Exhibit B attached hereto and made a part hereof.
VIII. APPROVAL OF THE TENTATIVE SUBDIVISION MAP
The City Council does hereby approve the Project subject to the conditions set forth in
Section V and Section VI above and based upon the findings and determinations on the record for
this Project.
IX. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny. or farther condition issuance of all future building permits,
deny. revoke. or further condition all certificates of occupancy issued under the authority of
approvals herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation. No vested rights are gained by
Developer or a successor in interest by the City's approval of this Resolution.
X. 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 any one or more terms, provision, or conditions are determined by a Court of
competent jurisdiction top be invalid, illegal or unenforceable, this resolution shall be
deemed to be automatically revoked and of no further force and effect ab initio.
Presented by Approved as to form by
Robert A. Leiter John M.Kaheny
Director of Planning and Building City Attorney
H:\shared\Attorney\PCS-9904.CCR
PROJECT LOCATION
/
CHULA VISTA PLANNING AND BUILDING-DEPARTMENT'~
~ TENTATIVE SUBDIVISION MAP
PROJISCT Unina3tpoFat~d Countyarea a~nt
~o~ ~ ~ n~e~ ~n~ ~ Chula ~. R~u~ ~ ~M~ion ~ ~e 7~.1 acre San
Miguel Ran~ pm~ to pmWde a ~1 of -'.
NOR~ No Sa~ 9~
EXHIBIT B
To Resolution No.
CONDITIONS OF APPROVAL
SAN MIGUEL RANCH
TENTATIVE SUBDIVISION MAP
CHULA VISTA TRACT 99-04
(2/18/00)
Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth
below shall be completed prior to the first final map as determined by the Director of Planning and
Building and the City Engineer (b) unless otherwise specified, "dedicate" means grant the
appropriate easement, rather than fee title. Where an easement is required the applicant shall be
required to provide subordination of any prior lien and easement holders in order to ensure that the
City has a first priority interest and rights in such land unless otherwise excused by the City. Where
fee title is granted or dedicated to the City, said fee title shall be flee and clear of all encumbrances,
unless otherwise excused by the City.
Should conflicting wording or standards occur between these conditions of approval, any conflict
shall be resolved by the City Manager or designee.
GENERAL/PRELIMINARY
1. The Developer shall comply with all requirements and guidelines of the San Miguel Ranch
SPA Plan, Plarmed Community (PC) District Regulations, Design Guidelines, Public
Facilities Financing Plan, Affordable Housing Plan, Air Quality Improvement Plan and
Water Conservation Plan, as may be mended from time to time, unless specifically modified
by the appropriate department head, with the approval of the City Manager. These plans may
be subject to minor modifications by the appropriate department head, with the approval of
the City Manager, however, any material modifications shall be subject to approval by the
City Council. (Planning, Engineering)
2. The following conditions of approval are based upon the project having multiple final Maps.
Unless otherwise specified, all conditions and code requirements listed herein shall be fully
completed to the City' s satisfaction prior to approval of the first final Map.
3. In the event of a filing of a final Map which requires oversizing of the improvements
necessary to serve other properties, said final map shall be required to install all necessary
improvements to serve the project plus the necessary oversizing offaciliti es required to serve
such other properties (in accordance with the restrictions of State law and City ordinances).
(Engineering, Planning)
4. Prior to approval of a final Map creating a multiple family lot which does not require the
filing of a subsequent map, all applicable conditions of approval of the tentative map shall
be met, as determined by the City Engineer. (Engineering, Planning)
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 2 of 42
5. Pursuant to the Project's approved PFFP, the Project is limited to construction within the
areas east of SR-125 only (Phase areas I, II and/or IV) of not more than 675 EDUs prior to
the construction of SR-125. The EDU's shall be calculated per the methodology stated in
the "East H Street Focus Capacity Analysis 1999-2005" study prepared by Willdan
Associates, dated June 8, 1999. It is recognized that Applicant may request an amendment
to this condition subject to future traffic analyses to the satisfaction of the City Engineer.
(Engineering)
6. Dedicate for public use all the public streets shown on the tentative map within the
subdivision boundary with the recordation of the applicable final Map. Prior to the approval
of the applicable Final Map, the Applicant shall enter into an agreement to guarantee the
construction of all street improvements as required by the PFFP for each particular phase.
(Engineering)
7. The Developer shall be responsible for retaining a project manager on their staff to
coordinate the processing of discretionary permit applications originating from the private
sector and submitted to the City of Chula Vista. The project manager shall establish a formal
submittal package required of each developer to ensure a high standard of design and to
ensure consistency with standards and policies identified in the adopted SPA Plan. The
project manager shall have a well rounded experience, including but not limited to land use
planning and architecture. (Planning)
8. If developer desires to do certain work on the property after approval of the tentative map
but prior to recordation of the applicable final Map, they may do so by obtaining the required
approvals and permits from the City. The permits can be approved or denied by the City in
accordance with the City's Municipal Code, regulations and policies. Said permits do not
constitute a guarantee that subsequent submittals (i.e., final Map and improvement plans)
will be approved. All work performed by the developer prior to approval of the applicable
final Map shall be at Developer's own risk. Prior to permit issuance, the Developer shall
acknowledge in writing that subsequent submittals (i.e., final Map and improvement plans)
may require extensive changes, at Developers cost, to work done under such early permit.
Prior to the issuance of a permit, the Developer shall post a bond or other security acceptable
to the City in an amount determined by the City to guarantee the rehabilitation of the land
if the applicable final Map does not record. (Engineering, Planning)
9. Any reference to "Phases I, II, III or IV" throughout these conditions shall mean those phases
set forth in the adopted San Miguel Ranch SPA Plan and Public Facilities Financing Plan.
10. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are,
by their terms, to be implemented and maintained over time, if any of such conditions fail
to be so implemented and maintained according to their terms, the City shall have the right
to revoke or modify all approvals herein granted including issuance of building permits,
deny, or further condition the subsequent approvals that are derived from the approvals
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 3 of 42
herein granted, institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. The applicant shall be notified 10 days in
advance prior to any of the above actions being taken by the City and shall be given the
opportunity to remedy any deficiencies identified by the City within a reasonable and
diligent time frame.
11. All of the terms, covenants and conditions contained herein shall be binding upon and inure
to the benefit of the heirs, successors, assigns and representatives of the Developer as to any
or all of the property. For the purposes of this document the term "Developer" shall also
mean "Applicant".
12. Applicant shall indeumify, protect, defend and hold the City harmless from and against any
and all claims, liabilities and costs, including attomey's fees, arising from challenges to the
Environmental Impact Report for the Project and any or all entitlements and approvals issued
by the City in connection with the Project.
13. The applicant shall comply with all applicable SPA conditions of approval.
14. Any and all agreements that the applicant is required to enter in hereunder, shall be in a form
approved by the City Attorney.
ENVIRONMENTAL/PRESERVATION
15. Prior to approval of each _final Map, the Applicant shall enter into a supplemental subdivision
agreement to implement, to the satisfaction of the Director of planning and Building, all
applicable mitigation measures identified in FSEIR 97-02, the CEQA Findings of Fact and
the Mitigation Monitoring and Reporting Program for the San Miguel Ranch Project in
accordance with the requirements, provisions and schedules contained therein, and as further
specified in these Tentative Map conditions. Modification of the sequence of mitigation
shall be at the discretion of the Director of Planning and Building should changes in
circumstances warrant such a revision. (Planning)
16. Prior to the approval of each final Map, the applicant shall comply with all applicable
requirements of the Otay Tarplant Habitat Management Plan for San Miguel, as may be
amended from time to time by the City. (Planning).
17. The Applicant shall comply with all applicable requirements of the California Department
of Fish and Game, the California State Water Resources Control Board, the U.S. Department
of Fish and Wildlife, and the U.S. Army Corps of Engineers as to the Project. (Planning)
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18. 2000 Page 4 of 42
18. Prior to approval of the first Final Map for the Project, the Applicant shall have submitted
and received approval by the Director of Planning and Building and the City's Fire Marshall
of a Brush Management Program forthe Project. Approval of additional Final Maps may
require amendments or additions to the Brush Management Program. The Brush
Management Program shall comply with the following:
a. Theareasindicatedfurbrushmanagementactivitiesmustbewithintheboundariesofthe
areas previously proposed for grading within FSEIR-97-02. To the extent that brush
management areas extend beyond said grading boundaries, additional environmental
review and mitigation may be required as determined by the Director of Planning and
Building.
b. Applicant's Brush Management Program shall comply with the provisions of the
Multiple Species Conservation Program (MSCP) Subarea Plan, including but not limited
to the requirement of up to a 150-foot setback from structures to the Preserve boundary
with a 10-foot fire access, or as required by the by the Director of Planning and Building
subject to the City's ordinances and policies. The Brush Management Program shall also
address buffer areas, types of fencing, and all other pertinent matters in areas surrounding
or abutting the project' s Otay Tarplant preserves.
c. If Applicant so requests, pursuant to the MSCP Subarea Plan, site-specific waivers or
project-level design methods to reduce fire setback requirements may be considered by
the City Fire Marshall and approved at the City Fire Marshall's sole deseretion.
d. As necessary, and prior to the approval of the Brush Management Program, the
Applicant shall obtain written consent from other property owners to conduct brush
management activities on adjacent, off-site lands which are within the required brush
management zones as reflected in the Brush Management Program. (Planning, Fire)
e. Applicant shall, where practical and as determined by the Director of planning and
Building, incorporate plant species listed in the "Urban Wildlife Interface Guidelines"
for planting within and adjacent to fuel modification zones.
19. Prior to the City' s issuance of any clearing permit or grading permit for the project, or
approval of the first final Map for the Project, whichever occurs first, the Applicant shall
have submitted and received approval from the City, and the U.S. Fish and Wildlife Service,
and the Califomia Department of Fish and Game if so required, of the Otay Tarplant Habitat
Management Plan for San Miguel Ranch. (Planning)
20. Prior to approval of the first Final Map for the Project, Applicant shall prepare, to the
satisfaction of the Director of Planning and Building, a habitat management endowment
funding plan consistent with, and as required by, the MSCP Subarea Plan, or as established
by the Director of Planning and Building to ensure the long-term management and
maintenance of the Project' s preserve lands.
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 5 of 42
21. Prior to approval of the first Final Map for the Project, the Applicant shall establish a
financing mechanism in a form approved by the City, for the long-term management and
maintenance of the Project's Preserve areas. Applicant shall bond for maintenance of the
areas. (Planning, ~lttorney)
22. The Applicant acknowledges that a draft Otay Tarplant Habitat Management Plan for San
Miguel Ranch is being reviewed by the City. Applicant specifically acknowledges that the
final Plan will require Applicant to establish and provide for the long-term management and
maintenance of the Preserve and Applicant agrees to comply with those provisions of the
Plan within the time flames set forth in the Plan. (Planning)
23. Prior to approval of the first Final Map within SPA Planning Area "I ", or grading plan within
SPA Platruing Area 'T', whichever occurs first, Applicant shall have completed all necessary
environmental review, and obtained any necessary take permits for the City approved
alignment of the trail (pedestrian and equestrian) within and adjacent to the Open Space Area
OS-3 (Lot OS-M) and its connection to the adjoining Otay Water District property portion
of the Greenbelt Trail. (Planning)
24. Prior to approval of any grading or improvement plans, the Applicant shall include on those
Plans as appropriate, and to the satisfaction of the Director of Planning and Building, the
noise walls required by the Project' s Environmental Impact Report. (Planning)
SPECIAL CONDITIONS OF APPROVAL
25. The Developer may submit and obtain approval of the City of an 'A' Map over the portion
of the tentative map showing "superblock" lots corresponding to the SPA Planning Areas and
phasing or combination of SPA Planning Areas and phasing thereof. Said map shall also
provide open space lot dedications, the backbone street dedications and utility easements
required to serve the "superblock" lots created by this map, but shall not show individual,
buildable lots. All "superblock" lots created by this map or parcel map shall have access to
a dedicated public street. (Engineering)
DESIGN
26. A comprehensive wall plan indicating color, materials, height and location shall be reviewed
and approved by the Director of Planning and Building prior to approval of each Final Map.
The wall plan shall also include details such as accurate dimensions, complete cross-sections
showing required noise walls,' adjacent grading, landscaping, road/trail/sidewalk
improvements, and the location of typical residential structures. Materials and color used
shall be compatible and all wails located in comer side-yards or rear yards facing public or
private streets or pedestrian connections shall be constructed of a decorative masonry and/or
wrought iron material. View fencing shall be provided at the ends of all other open cul-de-
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 6 of 42
sacs where a noise wall is not required. Any combination free standing/retaining walls shalI
not exceed 9.0 feet in height. The applicant shall submit a detail and/or cross section of the
maximum/minimum conditions for all "combination walls" which include retaining and free
standing walls, as part of said wall plan. All walls shall be constructed in conjunction with
improvements within the Final Map area. (Planning)
27. The applicant shall comply with all aspects of the City of Chula Vista Landscape Manual.
28. The applicant shall install all street trees in accordance with Section 18.28.10 of the Chula
Vista Municipal Code and the City's Landscape Manual or as otherwise approved by the
Director of Planning and Building and Director of Public Works. Upon request of the
Director of Planning and Building, the applicant shall provide root control methods and a
separate deep watering irrigation system for all trees. Street trees shall be shown on street
improvement plans submitted for approval by the Director of Planning and Building and the
Director of Public Works prior to or concurrent with the second submittal of street
improvement plans within the subdivision. Approval of the street tree improvement plans
shall constitute final approval of the species selection of street trees. (Planning. Public
Work, v)
29. Prior to the issuance of each rough grading permit for the Project, the applicant shall submit
a study showing that all curb returns for any intersections in excess of 4% located within the
permit boundaries, and all driveways, comply with all ADA standards at the front and back
of sidewalks. (Engineering)
STREETS, RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS
30. Comply with, remain in compliance with, and implement, unless otherwise conditioned, the
terms, conditions and provisions of the San Miguel Ranch General Development Plan,
Sectional Planning Area Plan ("SPA"), and such Master Plan of Reclaimed Water, Urban
Runoff Report, Habitat Enhancement Plan, Master Plan of Sewage, Water Conservation
Plan, the Air Quality Improvement Plan Design Guidelines and the Public Facilities
Financing Plan approved by the Council ("Plans") as are applicable to the property which is
the subject matter of this Tentative Map, prior to approval of each final Map, or enter into
an agreement with the City, providing the City with such security (including recordation of
covenants running with the land) and implementation procedures as the City may require,
assuring that, after approval of the final Map, the developer shall continue to comply with,
remain in compliance with, and implement such Plans. (Engineering, Planning)
31. Provide security in accordance with Chapter 18.16 of the Municipal Code and dedicate,
construct full street improvements for all public streets shown on the Tentative Map within
the subdivision boundary or off-site, as required for each phase in accordance with Chula
Vista Design Standards, Chula Vista Street Standards, and the Chula Vista Subdivision
Manual unless otherwise approved by the City Engineer. Said improvements shall include,
Sun Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 7 of 42
but not be limited to, asphalt concrete pavement, base, concrete curb, driveways, gutter and
sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, traffic
signals, signs, fire hydrants and transitions to existing improvements. All streets shall
conform to the City's Street Design Standards Policy adopted by City Council Resolution
No. 15349 unless otherwise conditioned or approved by the City Engineer. Construct
transitions to existing improvements in the manner required by the City Engineer.
(Engineering)
32. Construct the following improvements in accordance with Table A and the required
Subdivision Improvement Agreement (SIA) pursuant to the City's Municipal Code. The
City Engineer and Director of planning and Building may, at their discretion, modify the
sequence, schedule, alignment and design of improvement construction should conditions
change to warrant such a revision. The developer shall agree to construct and provide
sufficient security for such construction prior to the approval of the final Map listed in Table
A. (Engineering, Planning)
Table A*
FACILITY LIMITS AGREE TO CONSTRUCT AND
GUARANTEE CONSTRUCTION PRIOR TO CITY
APPROVAL OF
Mount Miguel Road Phase I - South of East First Map
(Facility # 1 ) H Street north to
SDG&E easement E-1.
Mount Miguel Road Phase II - SDG&E First Map containing Facility #2
(Facility #2) easement E-1 to easterly
SR-125 R.O.W.
Mount Miguel Road Phase III - Easterly SR- First Map in Phase III.
(Facility #3) 125 R.O.W. to westerly
terminus at Proctor
Valley Road (west of
SR- 125) intersection.
Proctor Valley Road Phase I - Mount Miguel First Map
.(east of SR-125) Road (along frontage of
(Facility #4) Planning Area "D")
westerly to SDG&E
easement E- 1.
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 8 of 42
FACILITY LIMITS AGREE TO CONSTRUCT AND
GUARANTEE CONSTRUCTION PRIOR TO CITY
APPROVAL OF
Proctor Valley Road Phase II - SDG&E First Map in Phase II.
(east of SR-125) easement E-1 to
(Facility #5) westerly subdivision
boundary at OS-4.
Proctor Valley Road Phase III - From eastern First Map in Phase III.
(west of SR125) botmdary of
(Facility #6) SDG&E easement
E-2 northwesterly to
Mount
Miguel Road intersection
west of SR-125.
Sewage Lift Phase III - First Map containing Planning Area 'L'
Station in Lot L-B northeasterly in Phase III.
(Facility #7) portion of Plarming Area
'L' (approx. 42 lots).
Greenbelt/Equestrian East Project boundary First Map in Phase I
Trail through OS-3 through OS-3
(Facility #8) through I-A to
Lot CP-A.
Community Trail from Mount Miguel Road at Lot First Map in Phase I
Lot M~B to Lot H M-B through Lot H-D
(Facility #9) through Lot I-B to Cul-de-
sac Street "B" in Lot H
Greenbelt/Equestrian Through First Map in Phase I
Trail through Lot CP-A Lot CP-A through Lot CP-
(Facility #10) C to Mount Miguel Road
Regional Trail E-1 North from Mt. Miguel First Map in Phase II
(Facility #11) Rd. through
E1-A to Cul-de-sac Street
"YY" Lot F
Regional Trail E-1 Mount Miguel Road at First Map in Phase II
(Facility # 12) Northwest Lot C through
E1-B to Street "A" West.
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 9 of 42
FACILITY LIMITS AGREE TO CONSTRUCT AND
GUARANTEE CONSTRUCTION PRIOR TO CITY
APPROVAL OF
Regional Trail E-1 Street "A" West Northwest First Map in Phase II
(Facility #13) Lot D through E1-C to
Proctor Valley Road
Community Trail NP SDG&E E1-B Westerly First Map in Phase II
(Facility #14) along Street "A" West to
Cul-de-sac Street "Q"
Lot G
Community Trail Cul-de-sac Street "CC" First Map in Phase III
Lot OS-7 through Lot J-A through
(Facility # 15) Lot OS-7
Community Trail Lot J-B Street "AA" West through First Map in Phase III
(Facility #I 6) Lot J-B to Lot K-B
Southeast at Proctor
Valley Road
Community Trial Cul-de-sac Street "PP" Lot First Map in Phase III
Lot OS-9 K through Lot OS-9 to
(Facility # 17) Cul-de-sac Street "II"
Lot J
Multi-Purpose/ Intersection Proctor Valley First Map in Phase I
Equestrian Trail along Road & Mount Miguel
Mount Miguel Road Road through Lot M-B
(Facility #18) through Lot H-D through
Lot HoE through Lot CP-C
to SDG&E E-1
Regional Trail along Westerly through SDG&E First Map in Phase II
Mount Miguel Road easement E-1 along Mount
(Facility # 19) Miguel Road westerly
through Lot F-B through
Lot F-A through Lot OS-G
to East SR-125 ROW
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18. 2000 Page 10 of 42
FACILITY LIMITS AGREE TO CONSTRUCT AND
GUARANTEE CONSTRUCTION pRIOR TO CITY
APPROVAL OF
Regional Trail along West SR-125 ROW along First Map in Phase III
Mount Miguel Road Mount Miguel Road
(Facility #20) westerly through Lot L-E
through Lot L-F through
Lot L-A to Proctor Valley
Road.
Equestrian Trail along Northwest comer of Lot First Map in Phase III
Proctor Valley Road K-C at Mouth Miguel
(Facility #21 ) Road southerly along
Proctor Valley Road
through Lot K-C through
Lot K-B through off-site
area to Southeasterly OS-4
Multi-Purpose/ Southeast OS-4 along First Map in Phase II
Equestrian Trail along Proctor Valley Road
Proctor Valley Road through OS-4 through Lot
(Facility #22) S-A through Lot E-A
through Lot E1-C to
Lot D-A.
Multi-Purpose/ Southwest comer Lot D-A First Map in Phase I
Equestrian Trail along through Lot D-A Easterly
Proctor Valley Road along Proctor Valley Road
(Facility #23) to Mount Miguel Road.
*TABLE "A" NOTES:
a. FACILITY NO. 1
Construct Mount Miguel Road to the designed full-width street improvements within Phase
I and along the frontage of Phase IV, and include on the south side a meandering 5-foot wide
sidewalk and on the north side a modified 5-foot wide meandering sidewalk and 10-foot
stabilized decomposed granite equestrian trail configuration to acconunodate the multi-
purpose greenbelt and equestrian trail, all per SPA Figure 1-7, and as approved by the City
Engineer. (Engineering, Planning, Public FVorks)
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18. 2000 Page 11 of 42
b. FACILITY NO.2
Construct Mount Miguel Road to the designed full-width street improvements within Phase
II, and include on the south side a meandering 5-foot wide sidewalk and on the north side a
10-foot stabilized decomposed granite multi-purpose trail configuration to accommodate the
multi-purpose greenbelt, all per SPA Figure 1- 6, or as approved by the City Engineer and
the Director of Planning and Building. (Engineering, Planning, Public Works)
c. FACILITY NO.3
Construct Mount Miguel Road to the designed full-width street improvements within Phase
III, and include on the south side a meandering 5-foot wide sidewalk and on the north side
a 10-foot stabilized decomposed granite multi-purpose trail configuration to accommodate
the multi-purpose greenbelt, all per SPA Figure 1-6, or as approved by the City Engineer and
the Director of Planning and Building. (Engineering, Planning, Public Works)
d. FACILITY NO.4
Construct Proctor Valley Road to the designed full-width street improvements within Phase
I, and include on the north side a contiguous 5-foot wide sidewalk and a 10-foot stabilized
decomposed granite equestrian trail configuration to accommodate the multi-purpose
greenbelt and equestrian trail, per cross-sections on the Tentative Map, and as approved by
the City Engineer. (Engineering, Parks, Planning, Public Works)
e. FACILITY NO.5
Construct Proctor Valley Road to the designed full-width street improvements within Phase
II, and include on the north side a contiguous 5-foot wide sidewalk and a 10-foot stabilized
decomposed granite equestrian trail configuration to accommodate the multi-purpose
greenbelt and equestrian trail, per cross-sections on the Tentative Map, and as approved by
the City Engineer. If it is determined by the City and the Elementary School District during
school site planning that on-street parking will be provided along the school frontage, the
roadway (curb-to-curb section) shall be widened along the north curbline to allow for the
addition of an 8-foot wide parking lane in addition to the 5-foot wide bike lane, and the
additional right-of-way shall be dedicated (Engineering, Parks, Planning, Public Works)
f. FACILITY NO.6
Construct Proctor Valley Road to the designed full-width street improvements within Phase
III, from the intersection of Mount Migue] Road south through the frontages of Planning
Areas 'J', 'K' and through the SDG&E easement E-2 to the Project's boundary, all west of
SR- t 25~ and include on the north/east side a meandering 10-foot wide stabilized decomposed
granite equestrian trail configuration to accon~modate the multi-purpose greenbelt and
equestrian trail and on the south/west side a 5-foot wide contiguous sidewalk, all per SPA
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 12 of 42
Figure 1-10, and as approved by the City Engineer with a 36 foot curb-to-curb width on 56
feet of right-of-way. (Engineering, Parks, Planning, .Public VForks)
g. FACILITY NO.7
Construct the sewage lift station in Planning Area 'L' and provide the City a cash
endowment in the amount of $784,000 to fund the perpetual annual maintenance costs for
the lift station, or; in such instance that the Developer desires to pursue some other facility
in lieu of the sewage lift station, fund and construct some other facility as approved by the
City Engineer. (Engineering, Public Works)
h. FACILITY NO. 8
Construct a ten-foot (10') wide equestrian trail of stabilized decomposed granite with two-
foot (2') wide clearance of vertical obstruction on either side and a post and rail fence per
CVCS-16 and landscape to the satisfaction of the Director of Planning and Building and as
approved by the City Engineer. (Engineering, Planning, Parks, Public Works)
i. FACILITY NO. 9
Construct a five-foot (5') wide community trail of stabilized decomposed granite with two-
foot (2') wide clearance of vertical obstruction on either side, a post and rail fence per CVC S-
16 and benches and landscape to the satisfaction of the Director of Planning and Building
and as approved by the City Engineer. (Engineering, Plarming, Parks, Public Works)
j. FACILITY NO. 10
Construct a ten-foot (10') wide equestrian trail of stabilized decomposed granite with two-
foot (2') wide clearance of vertical obstruction on either side and a post and rail fence per
CVCS-16 and landscape and a walkway of concrete with a minimum width of ten-feet (10')
and two-foot (2') wide clearance of vertical obstruction on either side and landscape to the
satisfaction of the Director of planning and Building and as approved by the City Engineer.
Final alignment shall be per the Community Park Master Plan. (Engineering, Planning,
Parks, Public Works)
k. FACILITY NO. 11
Construct a five-foot (5') wide community trail of stabilized decomposed granite with two-
foot (2') wide clearance of vertical obstruction on either side, a post and rail fence per CVC S-
16 and benches and landscape to the satisfaction of the Director of Planning and Building
and as approved by the City Engineer. (Engineering, Planning, Parks, Public Works)
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page I3 of 42
1. FACILITY NO. 12
Construct a ten-foot (10') wide regional trail of stabilized decomposed granite with two-foot
(2') wide clearance of vertical obstruction on either side, a post and rail fence per CVCS-I 6
and benches and landscape to the satisfaction of the Director of Plarming and Building and
as approved by the City Engineer. (Engineering, Planning, Parks, Public Works)
m. FACILITY NO. 13
Construct a ten-foot (10') wide regional trail of stabilized decomposed granite with two-foot
(2') wide clearance of vertical obstruction on either side, a post and rail fence per CVCS-16
and benches and landscape to the satisfaction of the Director of Plarming and Building and
as approved by the City Engineer. (Engineering, Planning, Parks, Public Works)
n. FACILITY NO. 14
Construct a ten-foot (10') wide regional trail of stabilized decomposed granite with two-foot
(2') wide of vertical obstruction on either side, a post and rail fence per CVCS-16 and
benches and landscape to the satisfaction of the Director of Planning and Building and as
approved by the City Engineer. (Engineering, Planning, Parks, Public Works)
o. FACILITY NO. 15
Construct a five-foot (5') wide community trail of stabilized decomposed granite with two-
foot (2') wide clearance of vertical obstruction on either side, a post and rail fence per CVCS-
16, benches and a overlook shelter and landscape to the satisfaction of the Director of
Planning and Building and as approved by the City Engineer. (Engineering, Planning, Parks,
Public Works)
p. FACILITY NO. 16
Construct a five-foot (5') wide community trail of stabilized decomposed granite with two-
foot (2') wide clearance of vertical obstruction on either side, a post and rail fence per CVC S-
16 and benches and landscape to the satisfaction of the Director of Planning and Building
and as approved by the City Engineer. (Engineering, Planning, Parks, Public Works)
q. FACILITY NO. 17
Construct a five-foot (5') wide community trail of stabilized decomposed granite with two-
foot (2') wide clearance of vertical obstruction on either side, a post and rail fence per CVCS-
16 and benches and landscape to the satisfaction of the Director of Planning and Building
and as approved by the City Engineer. (Engineering, Planning, Parks, Public Works)
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 14 of 42
r. FACILITY NO. 18
Construct a ten-foot (10') wide equestrian trail of stabilized decomposed granite with two-
foot (2') wide clearance of vertical obstruction on either side and a post and rail fence per
CVCS- 16 and landscape and a walkway of concrete with a minimum width of five-feet (51)
and two-foot (2') wide clearance of vertical obstruction on either side and landscape to the
satisfaction of the Director of Planning and Building and as approved by the City Engineer.
(Engineering, Planning, Parks, Public Works)
s. FACILITYNO. 19
Construct a ten-foot (10') wide regional trail of stabilized decomposed granite with two-foot
(2') wide clearance of vertical obstruction on either side and a post and rail fence per CVCS-
16 and landscape to the satisfaction of the Director of Planning and Building and as approved
by the City Engineer. (Engineering, Planning, Parks, Public Works)
t. FACILITY NO. 20
Construct a ten-foot (10') wide regional trail of stabilized decomposed granite with two-foot
(2') wide clearance of vertical obstruction on either side, a post and rail fence per CVCS-16
and benches and landscape to the satisfaction of the Director of Plarming and Building and
as approved by the City Engineer. (Engineering, Planning, Parks, Public Works)
u. FACILITY NO. 21
Construct a ten-foot (10') wide equestrian t~ail of stabilized decomposed granite with two-
foot (2') wide clearance of vertical obstruction on either side and a post and rail fence per
CVCS-16 and landscape to the satisfaction of the Director of planning and Building and as
approved by the City Engineer. (Engineering, Planning, Parks, Public Works)
v. FACILITY NO. 22
Construct a ten-foot (10') wide equestrian trail of stabilized decomposed granite with two (2)
foot wide clearance of vertical obstruction on either side and a post and rail fence per CVCS-
16 and landscape and a walkway of concrete with a minimum width of five-feet (5') and two-
foot (2') wide clearance of vertical obstruction on either side and landscape to the satisfaction
of the Director of Planning and Building and as approved by the City Engineer.
(Engineering, Planning, Parks, Public Works)
w_. FACILITY NO. 23
Construct a ten-foot (10') wide equestrian trail of stabilized decomposed granite with two (2)
foot wide clearance of vertical obstruction on either side and a post and rail fence per CVCS-
16 and landscape and a walkway of concrete with a minimum width of five-feet (5') and two-
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 15 of 42
foot (2') wide clearance of vertical obstruction on either side and landscape to the satisfaction
of the Director of Planning and Building and as approved by the City Engineer.
(Engineering, Planning, Parks, Public Works)
33. Submit a waiver request for all design standards which are not conforming to City standards
from the Engineer-of-Work to the City Engineer stating the deviations from City standards
and explaining that no safety issues will be compromised in their professional opinion. The
waiver will be subject to approval by the City Engineer in the City Engineer's sole
discretion. (Engineering)
34. Design all public residential streets which are proposed to have non-contiguous 5.0' wide
sidewalks to the following criteria:
a. 36' curb-to-curb width on 61' of right.of. way,
b. 7.0' wide parkway as measured form the back of curb to the front of sidewalk,
c. grant on each lot a 4.0' wide Public Landscaping and Utility Easement from back of
sidewalk,
d. transition sidewalk within the cul-de-sac turnaround to provide a contiguous sidewalk
throughout the cul-de-sac turnaround area,
e. provide a minimum turnaround curbline radius of 40' on 50' of fight-of-way with a 5.5'
Street Tree Planting and Maintenance Easement within the cul-de-sac turnaround area,
(Engineering, Parks, Planning, Public Works)
35. Design all public residential collector streets which are proposed to have non-contiguous 5.0'
wide sidewalks to the following criteria:
a. 40' curb-to-curb width on 65' of right-of-way,
b. 7.0' wide parkway as measured from the back of curb to the front of sidewalk,
c. grant on each lot a 4.0' wide Public Landscaping and Utility Easement from back
of sidewalk,
d. transition sidewalk within the cul-de-sac turnaround to provide a contiguous
sidewalk throughout the cul-de-sac turnaround area,
e. provide a minimum turnaround curbline radius of 40' on 50' of right_of_way with
a 5.5' Street Tree Planting and Maintenance Easement within the cul-de-sac
turnaround area, (Engineering, Parks, Planning, Public Works)
36. Indicate on the plans every vertical curve on every street, including length of vertical curve
and the entering and exiting grades. The correct lengths of these curves shall comply with
applicable sight distance standards. (Engineering)
37, Guarantee prior to approval of each Final Map, the construction of public street
improvements (streets, sewer, drainage, utilities, etc.) deemed necessary to provide service
to the subject subdivision in accordance with City standards. (Engineering)
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 16 of 42
38. Prior to approval of the appropriate Final Map, submit and obtain preliminary approval for
proposed street names from the Director of Planning and Building and the City Engineer.
No two intersections shall have the same name. Street name suffixes shall comply with City
standards. (Engineering, Fire, Police, Planning, Public Works)
39. Obtain approval from the City Engineer for street light locations. Any street lights proposed
within any SDG&E easement will require special review and approval by SDG&E in order
to conform to SDG&E restrictions and standards. (Engineering)
40. Construct sidewalks and construct pedestrian ramps on all walkways to comply with the
"Americans with Disabilities Act" (/M)/~.) standards and as approved by the City Engineer.
In the event the Federal Government adopts ADA standards for street rights-of-way which
are in conflict with the standards and approvals contained herein, all such approvals
conflicting with those standards shall be updated to reflect those standards. Unless otherwise
required by federal law, City ADA standards may be considered vested, as determined by
Federal regulations, once construction has commenced. (Engineering, Planning)
41. Prior to issuance of the first grading permit in Phase II or Phase III, or approval of the first
final map in Phase II or Phase III, whichever occurs first, present written verification to the
City Engineer from CalTrans or its authorized agent, that the following within the project
frontage and limits of work has been reviewed and deemed acceptable:
a. grading along the SR-125 corridor. (Engineering, Planning)
b. the alignment, cross-section, design and grading for the Monnt Miguel Road/SR-125
interchanges, (Engineering, Planning)
c. the alignment and cross-section for Mount Miguel Road within the SR- 125 right-of-way
corridor bridge deck will have five 12 foot wide lanes and two 4 foot wide bike lanes,
plus any raised or painted median width, (Engineering, Planning)
d. that east/west pedestrian crossings will be allowed and north/south pedestrian crossings
will be prohibited at the northbound and the southbound ramp intersections of SR-125
and Mount Miguel Road. (Engineering, Planning)
42. Meet intersection design sight distance requirements in accordance with City standards for
all streets which intersect other streets at or near horizontal or vertical curves. (Engineering)
43. Provide striping and signing for Class II bikeway (lanes) on Mount Miguel Road and Proctor
Valley Road east of Mount Miguel Road. (Engineering)
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18. 2000 Page 17 of 42
44. Acquire and then grant to the City all off-site fights-of-way necessary for the installation of
required street improvements for the affected phase, prior to approval of each Final Map for
each affected phase of the subdivision. (Engineering)
45. Notify the City at least 60 days prior to consideration of the affected Final Map by City, if
off-site fight-of-way and easements cannot be obtained as required by these conditions.
(Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map
Act are covered by this condition). After said notification and prior to the approval of the
affected Final Map, the developer shall:
a. Pay the full cost of acquiring off-site right-of-way or easements required by the
Conditions of Approval of the Tentative Map.
b. Deposit with the City the estimated cost of acquiring said right-of-way or easements.
The amount of the deposit is subject to the approval of the City Engineer.
c. Prepare and submit all easement and/or fight-of-way documents, plats and appraisals
necessary to commence condemnation proceedings.
If the developer so requests, the City may use its power of eminent domain to acquire right-
of-way, easements or licenses needed for off-site improvements or work related to the
tentative map. The developer shall pay all costs, both direct and indirect incurred in said
acquisition.
The condition to construct the related off-site improvements which fall under the purview
of Section 66462.5 of the State Subdivision Map Act are waived in accordance with that
section of the Act, if the City does not acquire or commence proceedings for immediate
possessionofthepropertywithinthetimelimitationspecifiedinthatsection. (Engineering)
46. Acquire and dedicate on or in connection with the corresponding final map all of the right-of-
way needed to construct the portions of Proctor Valley Road and Mount Miguel Road
contiguous to the subdivision to future ultimate roadway improvements. The construction
of the public street improvements for all on-site portions of the streets shall be provided by
the developer along the full length of the subject property and in accordance with Table A.
(Engineering)
47. Design all lot frontages to have a minimum dimension of 35 feet. All lot frontages not
conforming to City standards shall have a design waiver submitted by the Engineer-of-Work
to the City Engineer and the Director of planning stating the deviations from City standards
and explaining that no safety issues will be compromised in their professional opinion.
(Engineering, Planning)
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 18 of 42
48. Design and construct Street "LL" and Street "MM", between Proctor Valley Road and Street
"AA", per Class III Collector standards to the satisfaction of the City Engineer, Fire Chief
and Chief of Police. (Engineering, Fire, Planning)
49. With issuance of the first construction permit for Phase IV (SPA Planning Areas A,M,N),
design and construct as a "turn-key" project the two bus turnouts with bus shelters, benches,
concrete pad, signing, striping and appurtenances, which will be located along the eastbound
and westbound Proctor Valley Road, east of Mount Miguel Road to the satisfaction of the
City Engineer and the City Transit Coordinator. (Engineering, Planning, Transit)
50. For the bus turnouts on Proctor Valley Road, east of Mount Miguel Road, grant on the first
Final Map for Phase IV (SPA Planning Areas A,M,N) or with the site plan, whichever occurs
first, any additional right-of-way, to the satisfaction of the City Engineer, at locations to be
determined by the City Transit Coordinator. (Engineering, Planning, Transit)
51. Provide a $24,000 cash deposit for 8 bus stops prior to approval of the first final Map. to
provide for bus stop benches, concrete pad, signing and appurtenances per SPA Figure 1 - 12.
Applicant will not be required to construct the bus stops. (Engineering, Transit)
52. Prior to approval of the first Final Map in Phase III, submit a map reflecting the approved
alignment of Proctor Valley Road and containing the full fight-of-way dedication and related
easements for the portion of Proctor Valley Road from the westerly intersection of Mt.
Miguel Road/Proctor Valley Road south to the project boundary through SDG&E easement
E-2. (Engineering)
53. With submittal of the first Final Map in Phase II, or upon request by the City Engineer,
submit a horizontal and vertical alignment study and, prior to approval of said map, obtain
approval from the City Engineer for Proctor Valley Road from Mount Miguel Road, west of
SR-125, south to the project boundary through SDG&E easement E-2 as a local roadway
(36'/56') with a minimum 30 mph design speed. (Engineering)
54. Design and construct street lights on traffic signal standards, and construct underground
traffic signal equipment at locations as approved by the City Engineer and CalTrans at the
following ten (10) proposed/existing intersections of Mount Miguel Road with:
a. both intersections of Proctor Valley Road
b. both intersections with SR-125 northbound & southbound ramps
c. intersection of Street "A". South/Street "WW"
d. intersection of Street "A" South/Street "A" North
e. intersection of Street "AA"/Street "UU"
f. intersection of Street "AA"/Street "VV"
e. intersection of Street "I"
f. intersection of Street "XX". (Engineering)
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18. 2000 Page 19 of 42
55. Prior to the approval of the First Final Map, grant to the City of Chula Vista an Irrevocable
Offer of Dedication for the entire proposed fight-of-way of SR-125 within the Project's
boundaries. The right-of-way shall be sufficient for the ultimate construction of SR-125 to
the satisfaction of CalTrans and the City Engineer. Any transfer of the right -of-way to a
third party by the City will be subject to a three party agreement between the City of Chula
Vista, the Applicant and Caltrans or its authorized agent. (Engineering)
56. Design to the satisfaction of the City streets in Planning Areas "C" and "D" such that there
is only one access point at the following streets: Mount Miguel Road and Street "A" West.
Planning Areas "C" and "D" shall create a coincident intersection with Street "A"West.
Planning Area "C" shall have a secondary access point on Mount Miguel Road reserved for
emergency access only purposes. Planning Area "D' shall have a secondmy access point at
Street "A'. (Engineering, Fire, Planning, Police, Public Works)
57. Guarantee prior to the release of bonds for street improvements that the "Engineer-of-Work"
has clearly identified all sewer (S) and water (W) lateral locations prior to the construction
of curbs so that the curb face can be stamped with an "S" and "W", for the sewer and water
laterals, respectively, and the Developer shall propagate all curb face markings in order to
assure that the locations of the said utilities are identifiable. (Engineering-lns7~ection)
GRADING AND DRAINAGE
58. At the time of review of grading and improvement plans, submit hydrologic and hydraulic
studies and calculations, including dry lane calculations for all public streets. (Engineering)
59. Provide graded vehicle access to all storm drain clean-outs or as otherwise approved by the
City Engineer. (Engineering)
60. Design the storm drains and other drainage facilities to include Best Management Practices
to minimize non-point source pollution, satisfactory to the City Engineer. (Engineering)
61. Storm drain clean-outs shall not be located on slopes or in inaccessible areas for maintenance
equipment and shall be designed to the satisfaction of the City Engineer. (Engineering)
62. Drainage shall be collected in an inlet and carried to the bottom of any slope in an
underground storm drain if the slope is over I0 feet in height and steeper than 4:1.
(Engineering)
63. Prior to approval of each _final Map, demonstrate the adequacy of existing detention facilities
or construct runoff detention facilities upon the request of the City Engineer, to assure that
the maximum allowable discharges after development do not exceed pre-development
discharges, all to the satisfaction of the City Engineer. The developer shall provide for the
future maintenance of the detention basin facilities through the establishment of a
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18. 2000 Page 20 of 42
landscaping maintenance district, or other mechanism as approved by the City. (Engineering,
Parks, Planning, Public Works)
64. Construct a protective fencing system around all proposed detention basins, and the inlets
and oufiets of storm drain structures, as and when directed by the City Engineer. The final
design and types of construction materials shall be subject to approval of the City Engineer
and Director of Planning and Building. (Engineering, Planning)
65. Construct energy dissipaters at all storm drain outlets as required by the City Engineer to
maintain non-erosive flow velocities. (Engineering)
66. Submit to and obtain approval from the City Engineer and Director of Planning and Building
for an erosion and sedimentation control plan as part of grading plans. (Engineering,
Planning)
67. The developer shall comply with all the provisions of the National Pollutant Discharge
Elimination System (NPDES) and the Clean Water Program during and after all phases of
the development process, including but not limited to: mass grading, rough grading,
construction of street and landscaping improvements, and construction of dwelling units.
(Engineering)
68. Locate lot lines at the top of slopes except as shown on the Tentative Map, or as approved
by the City Engineer and Director of Planning and Building. Lots shall be so graded as to
drain to the street or an approved drainage system. Drainage shall not be permitted to flow
over slopes or onto adjacent property. (Engineering, Planning)
69. The developer shall design and construct all grading and pad elevations to be within 2 feet
of the grades and elevations shown on the approved tentative map or as otherwise approved
by the City Engineer and Director of Planning and Building. (Engineering, Planning)
70. For all SPA Planning Areas subject to further Site Plan approvals (Areas A,B ,C,D, M, N and
S), grading and pad elevations shall not necessarily be required to be within 2 feet of the
grades and elevations shown on the approved tentative map, subject to Site Plan approval
and discretion of the City Engineer and the Director of Planning and Building. (Engineering,
Planning)
71. Obtain notarized letters of permission for all off-site grading work and any on-site grading
work subject to SDG&E easements or like ownership interests, prior to issuance of grading
permit for work requiring said grading. (Engineering)
72. Submit a list of proposed lots indicating whether the structure will be located on fill, cut, or
a transition' between the two situations prior to approval of the first Final Map.
(Engineering)
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 21 of 42
73. Enter into an agreement with the City wherein the City is held harmless from any liability
from erosion, siltation or increase in flow of drainage resulting from this project.
(Engineering, Parks, Planning)
74. Storm drain systems that collect water from private property shall be designated private on
grading and drainage and/or improvement plans to the point of connection with a public
system or to the point at which the storm water that is collected from public street right-of-
way, public park or open space areas is first introduced into the system. Downstream from
that point, the storm drain system shall be public. An encroachment permit shall be
processed for approval by the City for private storm drains within the public right-of-way
or within C.F.D. maintained open space lots. (Engineering, Parks, Public Works)
75. Grant on the appropriate Final Map a 15 foot minimum drainage and access easement for
storm drain lines located between residential units unless otherwise directed by the City
Engineer. All other easements shall meet City standards for required widths.(Engineering,
Public ~Vorks)
SEWER
76. Design all sewer access points (manholes) to be located at centerline of street or cul-de-sac,
at the center of a travel lane, unless otherwise approved by the City Engineer. (Engineering,
Public VForks)
77. Provide clean-outs no further than 100 feet apart for the force main. (Engineering, Public
Works)
78. Design force mains to be constructed with no 90-degree angles. A minimum of a 30 foot
radius sweep shall be installed. A clean-out shall be installed at each end of the sweep.
(Engineering, Public Works)
79. The first five manholes in the gravity system downstream after connection with force main
shall be lined with T-lock lining, or an appropriate equivalent as approved by the City
Engineer. Rungs in these five manholes shall be plastic type and double sealed. (Engineering,
Public Works)
80. Construct parallel sewer lines for sewers greater than 15 feet in depth if laterals are to be
connected to these lines. Deep sewers are subject to the approval of the City
Engineer.(Engineering, Public Works)
81. Construct the sewage lift station in Planning Area 'L' and provide the City an endowment
in the amount of $784,000 to fund the perpetual annual maintenance costs for the lift station,
or; in such instance that the Developer desires ~o pursue some other facility in lieu of the
sewage lift station, fund and construct some other facility as approved by the City Engineer.
(Engineering, Public Works)
San Miguel Ranch Tentativg Map Conditions of Approval Exhibit B
February 18, 2000 Page 22 of 42
82. Pay in full, prior to recordation of the subdivision Final Map containing Planning Area
the Proctor Valley Trunk Sewer Reimbursement District Fee for those lots located in
Planning Area "L" subject to the gravity sewer line along Jonel Way to the satisfaction of the
City Engineer. (Engineering)
83. Provide improved, paved access to all sewer manholes to withstand H-20 wheel load or other
loading as approved by the City Engineer. (Engineering, Public ~'orks)
84. Sewer access points shall not be located on slopes or in inaccessible areas for maintenance
equipment. (Engineering, Public Works)
85. Design utility line mains to be placed along travelway and away from curblines in street
fight-of-way for accessibility during maintenance. (Engineering, Public Works)
WATER
86. Prior to approval of the first improvement plans for the project, the Applicant shall provide
written evidence from Otay Water District that the District has reviewed and approved the
required water Sub-Area Master Plan (SAMP) for the project. The Applicant shall provide
the City with 6 copies of the approved SAMP. Applicant shall construct any potable or
recycled water system facilities outside of a particular phase area as identified in the PFFP,
which are necessary to provide adequate water service to the particular phase area, or as
otherwise agreed between the Applicant and Otay Water District. (Engineering, Planning)
87. Prior to approval of each Final Map, provide to the City a letter from Otay Municipal Water
District indicating that the assessments/bonded indebtedness for all parcels dedicated or
granted in fee to the City have been paid or that no assessments exist on the parcel(s).
(Engineering)
88. Prior to approval of each Final Map, present verification to the City Engineer in the form of
a letter from Otay Water District that the subdivision will be provided adequate water service
and long term water storage facilities. The Applicant shall phase and install water system
improvements as required by the Otay Water District.
(Engineering)
89. Prior to the approval of each Final Map, the City Engineer may require either the removal
or the subordination of any easement which may unreasonably interfere with the full and
complete exercise of any required public easement or right-of-way. (Engineering)
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 23 of 42
AGREEMENTS/FINANCIAL
90. Enter into a supplemental agreement with the City, prior to approval of each Final Map,
where the developer agrees to the following:
a. ThattheCitymaywithholdbuildingpermitsforthesubjectsubdivisionifanyoneofthe
following occur:
(i). Regional development threshold limits set by the East Chula Vista Transportation
Phasing Plan have been reached.
(ii). Traffic volumes, levels of service, public utilities and/or services exceed the
adopted City threshold standards in the then effective Growth Management
Ordinance.
(iii). The required public facilities, as identified in the PFFP or as amended or
otherwise conditioned have not been completed or constructed to satisfaction of
the City. The developer may propose changes in the timing and sequencing of
development and the construction of improvements affected. In such case, the
PFFP may be amended as approved by the City's Director of Planning and
Building and the Public Works Director. (Engineering, Planning)
b. Defend, indemnify and hold harmless the City and its agents, officers and employees,
from any claim, action or proceeding against the City, or its agents, officers or
employees, to attack, set aside, void or annul any approval by the City, including
approval by its Planning Commission, City Council or any approval by its agents,
officers, or employees with regard to this subdivision pursuant to Section 66499.37 of
the State Map Act provided the City promptly notifies the subdivider of any claim, action
or proceeding and on the further condition that the City fully cooperates in the defense.
(Engineering, Planning)
c. Ensure that all franchised cable television companies ("Cable Company") are permitted
equal oppommity to place conduit and provide cable television service to each lot within
the subdivision. Developer agrees that the City of Chula Vista may grant access to cable
companies franchised by the City of Chula Vista to place conduit within the City's
easement situated within the Project. Developer shall restrict access to the conduit to
only those franchised cable television companies who are, and remain in compliance
with, all other rules, regulations, ordinances and procedures regulating and affecting the
operation of cable television companies as same may have been, or may from time to
time be issued by the City of Chula Vista. (Engineering, Planning)
d. Thatthe City may withhold the issuance ofbuilding permits forthe Project, should the
Developer be determined by the City to be in breach of any of the terms of the Tentative
Map Conditions or any Supplemental Agreement. The City shall provide the Developer
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18. 2000 Page 24 of 42
of notice of such determination and allow the Developer reasonable time to cure said
breach. (Engineering, Planning)
e. Hold the City harmless from any liability for erosion, siltation or increase flow of
drainage resulting from this project. (Engineering)
91. Prior to the approval of the first Final Map, should the developer choose to establish an HOA
to maintain areas within the right-of-way, the applicant shall enter into an agreement with
the City for the maintenance of City property by the Homeowner's Association.
(Engineering, Planning)
92. Prior to approval of the first Final Map, enter into a supplemental agreement with the City
where the developer agrees to the following:
a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by
SANDAG to comply with the Congestion Management Program (CMP).
b. To not protest the formation of any future regional impact fee program or facilities
benefit district to finance the construction of regional facilities. This agreement not to
protest shall not be deemed a waiver of the fight to challenge the amount of any
assessment which may be imposed due to the addition of these new improvements and
shall not interfere with the fight of any person to vote in a secret ballot election
(Engineering, Planning)
93. The Applicant shall comply with all previous agreements as they pertain to this tentative
map. (Engineering, Planning)
94. Contract with the City's current street sweeping ffanchisee, or other server approved by the
Director of Public Works to provide street sweeping for each phase of development on a
frequency and level of service comparable to that provided for similar areas of the City. The
developer shall cause street sweeping to commence immediately after the final residence, in
each phase, is occupied and shall continue sweeping until such time that the City has
accepted the street or 60 days after the completion of all punch list items, whichever is
shorter. The developer further agrees to provide the City Special Operations Manager with
a copy of the memo requesting street sweeping service which memo shall include a map of
areas to be swept and the date the sweeping will begin. (Administration, Engineering-
Inspection, Public Works)
95. Prior to approval of the first Final Map within the Project, Applicant shall:
a. Establish a fund with the City for the purpose of funding 15 annual reviews of the
Project's fiscal operation deficits to be conducted by the City or its consultants to
evaluate the fiscal impact of the Project using factors deemed relevant by the City
Manager. Applicant shall initially and at all times maintain a minimum balance of
San Miguet Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 25 of 42
$10,000 in the annual review fund. The first annual review shall be for the year 2001 and
continue through year 2015.. At any time, should the annual review fund balance be less
than $10,000, and should Applicant fail to replenish such balance within 30 days of
City 's demand for replenishment of the fund to the minimum required balance, City shall
have the fight to withhold building permits for the Project; and
b. Applicant acknowledges and agrees that Applicant shall be responsible through the year
2015 for paying for the fiscal deficit identified by the annual fiscal review to ensure that
all City services provided to the Project including direct and indirect costs, as well as
capital and operating costs shall be covered by Project revenues and Project exactions.
Applicant shall, prior to approval of the first Final Map within the Project, and subject
to the approval of the City, establish amechanism to satisfy Applicant's responsibility
for payment of the Proj ect's fiscal deficit, such as the establishment of a reserve fund,
payment of a one time fee, a fee to be paid with each building permit for the Project, the
establishment of a community facilities district or other acceptable methods.
( Ci .ty Attorney, Planning)
96. The Applicant shall reserve Lot S-A (elementary school site) for school purposes to be
offered for dedication in fee to the Chula Vista Elementary School District CCVESD"), in
accordance with the provisions of the Applicant's school mitigation agreement with the
CVESD, as approved by, and to the satisfaction of, the CVESD. (Engineering, Planning)
OPEN SPACE/ASSESSMENTS
97. Prior to the approval of the first final Map for the Project, the Developer shall request the
formation of an Open Space District, submit an application packet for the formation of a
Community Facilities District (CFD), and submit the request to the City Council for
consideration. Developer shall form a CFD prior to issuance of the first production home
building permit, and submit a list ofamenities, acreage and costs for all Open Space District
lots including but not limited to the cost of any detention basin maintenance and all costs to
comply with the Department off ish and Game and the U.S. Army Corps of Engineers permit
requirements, if any. Maintenance of the open space improvements shall be accomplished
by the Developer for a minimum period of one year or until such time as accepted into the
open space district by the Director of Public Works. If Council does not approve the open
space district formation, some other financing mechanism such as homeowners association,
or an endowment shall be established and submitted to the City Council for consideration
prior to approval of the first Final Map. Prior to the approval of the first Final Map,
DeVeloper shall submit an initial deposit of $35,000 to begin the process of formation of the
open space district. All costs of formation and other costs associated with the processing of
the open space relating to this project shall be bome by the Developer. The Developer shall
provide all the necessary information and materials (e.g., Tables, diagrams, etc.) as
determined by the City Engineer to prepare the Engineer's Report for the proposed open
space district. (Engineering, Planning, Public Works)
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 26 of 42
98. Grant Irrevocable Offers of Dedication (IOD) to the City with the first Final Map for all
Open Space lots within the subdivision. (Engineering, Parks, Planning, Public Works)
99. The developer agrees to not protest formation or inclusion in a maintenance district or zone
for the maintenance of landscaped medians and parkways along sweets, and scenic corridors
within or adjacent to the Project. This agreement not to protest shall not be deemed a waiver
of the right to challenge the amount of any assessment whleh may be imposed due to the
addition of these new improvements and shall not interfere with the right of any person to
vote in a secret ballot election. (Engineering, Planning)
100. Prior to issuance of any grading permit which includes Landscaping and Irrigation (L&I)
improvements to be installed in an open space lot to be maintained by the open space or
Community Facilities District, the developer shall place a cash deposit with the City which
will guarantee the maintenance of the L&I improvements until the City accepts said
improvements. In the event the improvements are not maintained to City standards as
determined by the City Engineer, Director of Planning and Building and the Director of
Public Works, the deposit shall be used to perform the maintenance. The amount of the
deposit shall be equivalent to the estimated cost of maintaining the open space lots to City
standards for a period of six months as determined by the City Engineer. Any unused portion
of said deposit shall be incorporated into the open space district's reserve at such time as the
maintenance of the open space lot is assumed by the open space district.
(Engineering, Planning, Public Works)
101. Conform to the design elements of the City's Landscape Manual for all landscaping which
fails within the maintenance responsibility of the Community Facilities District.
(Engineering, Parks, Planning)
102. Provide proof to the satisfaction of the City Engineer and Director of planning and Building
that all improvements located on open space lots will be incorporated into and maintained
by a Home Owner's Association or a CFD. (Engineering, Parks, Planning)
103. Provide within the master CC&R's for the maintenance in perpetuity of all stabilized
decomposed granite (D.G.) areas by a Home Owner' s Association. All proposed stabilized
decomposed granite (D.G.) walkways including, but not limited to, the walkways proposed
along the north side of Mount Miguel Road, shall be free from vertical obstacles and
obstructions such as public utility vaults, boxes, etc. (Engineering, Engineering-Inspection
Parks, Planning, Public If orks)
104. Prior to receiving first model home building permit, the developer shall submit all Special
Tax and Assessment disclosure forms for each model size or EDU for the approval of the
City Engineer. (Engineering)
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 27 of 42
105. On or before ninety (90) days from the date of approval of these conditions, or prior to
approval of any Final Map, whichever occurs first, Applicant shall submit and receive
approval from the Director of Planning and Building of a Landscape Master Plan. The
content of the Landscape Master Plan shall conform to the City staff checklist. Such
approval shall be indicated by means of the Director's signature and date on said Plan.
(Planning, Parks)
106. Maintenance of all facilities and improvements within open space areas covered by home
owners associations shall be addressed in the CC&Rs to be submitted and approved by the
Engineering and Planning Departments prior to approval of the associated final map.
(Engineering, Planning)
107. The developer shall agree to not protest formation of a district for the maintenance of City
drainage facilities, or any portion thereof, within the Sunnyside Basin. This agreement not
to protest shall not be deemed a waiver of the right to challenge the amount of any
assessment which may be imposed due to the addition of these new improvements and shall
not interfere with the fight of any person to vote in a secret ballot election. (Engineering,
Planning)
108. All utilities which service open space lots shall be located within an open space lot or within
dedicated City right-of-way. (Engineering, Parks, Planning, Public Works)
109. Agree that walls which are located within the open space maintenance district shall have
owners of adjoining lots sign a statement when purchasing their homes that they are aware
that the wall is on Open Space property and that they may not modify or supplement the wall
or encroach onto Open Space property. These restrictions shall also be reflected in the
CC&Rs for each lot, and a copy of said restrictions shall be provided to the City for its
approval. (Engineering, Planning)
PARKS/TRAILS
110. The Applicant acknowledges that the City is in the process of preparing and adopting a City-
wide Parks Master Plan, and hereby agrees to enter into a supplemental agreement with the
City prior to approval of the first Final Map wherein the applicant agrees to comply with the
provisions of said Plan when adopted as it affects facility and other related requirements for
the San Miguel Ranch community park. (Parks, Planning)
111. Prior to approval of the first Final Map, the Applicant shall provide an Irrevocable Offer of
Dedication (IOD) to the City, in a form approved by the City Attomey, for the 16.9 gross acre
public community park site (Lot CP-A). City acknowledges that Applicant shall be entitled
to reimbursement for land dedication, improvements and/or maintenance in excess of what
is required under the City's PAD Ordinance. (parks, Planning)
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18. 2000 Page 28 of 42
112. As to CPF site (CP-B):
A. Applicant shall cause to have constructed in a manner and with the timing to the full
satisfaction of the City, a multi-purpose community building ("Building") of such
substantial size to contain adequate space, improvements, fixtures and like amenities
to accommodate community activities, as determined in the sole discretion of the
Director of Planning and Building. The site and Building shall be included within the
San Miguel Ranch Community Park Master Plan.
B. Applicant hereby acknowledges and agrees that the City shall in its sole discretion
determine the acceptable use of the site, which shall be complementary and
compatible to the adjacent community park.
C. Prior to approval of the first Final Map for the Project, Applicant shall record a deed
restriction on Lot CP-B which shall restrict use of the site to uses compatible with the
adjoining community park as determined by the City Manager or his designee.
D. Applicant agrees that the City shall have an option to purchase the property at any
time for as long as the property is a designated CPF site. Within 30 days of approval
of these conditions, applicant shall execute an agreement granting the City an option
to purchase the property in a form acceptable to the City Attorney.
E. Should the City exercise its option to purchase the site, at such time as it is exercised,
a purchase price shall be determined by an appraisal to be performed by the City at
Applicant's cost, which shall value lot CP-B as a CPF site.
F. Applicant may sell CPF site (CP-B) to a non-profit entity. Applicant shall prepare
escrow instructions to the satisfaction of the City Attorney, setting forth these map
conditions as to the site. Applicant shall notify City in writing at least 10 days before
execution of a purchase agreement for sale of the site, and shall provide City
sufficient information to enable the City to determine the purchaser' s intended use.
The City shall have the right to approve or disapprove the purchaser of the site.
Approval of the City shall not be unreasonably withheld
(Planning, Parks, Attorney)
113. Applicant acknowledges and agrees that the configuration of the CPF site (Lot CP-B) as
presented on the Tentative Map is subject to change consistent with the provisions of the San
Miguel Ranch Community Park Master Plan. Applicant further acknowledges and agrees
that Lot CP-B is subject to integration with the Community Park Site (Lot CP-A) and in no
case shall the CPF site be less than 2.7 net usable acres. (Planning, Parks, Attorney)
114. On or before one-hundred and twenty (120) days from the date of approval of these map
conditions, the Applicant shall enter into a three party agreement with the City of Chula Vista
and a landscape architecture consulting fLrm for the preparation and processing of the San
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 29 of 42
Miguel Ranch Community Park Master Plan. The Director of Planning and Building shall
have the right to select the consultant. (Parks, Planning)
115. Prior to the approval of the Final Map, which contains the 472nd dwelling unit for the
Project (or other dwelling unit number as may be Approved by the Director of Planning and
Building), the Applicant shall prepare and submit to obtain the approval from the Director
of Planning and Building a Master Plan for the San Miguel Ranch Community Park. The
Master Plan shall address, among other items the possible two-phase aspect of the park site
and shall include facilities and amenities prescribed in the City-wide Parks Master Plan as
adopted by City Council. In the event that the forthcoming City-wide Park master plan is not
adopted before the community park master planning begins, the Director of Planning and
Building shall determine the appropriate park facilities for the community park.
The Master Plan shall include a detailed written and graphic description of the following:
Identification of intended design themes and concepts; the integration of the CPF site with
the park and identify the use and user; a park construction cost estimate, a park
implementation plan, a park phasing plan and a park financing plan; a reasonable layout of
the elements proposed to be included within the park; the elements listed below:
· buildings and restrooms
· recreation and play fields
· recreation and play courts
· recreation and play structures
· major planting including initial sizing and species
· circulation components:
· automobiles, ingress/egress and parking
· pedestrians walkways, ingress/egress and benches
· bicycles
· equestrians
· trails
· lighting
· grading and landform contouring
· drainage
· site furnishings and fixtures
· walls
· fences
· signage
(Parks, Planning)
116. Simultaneous with the first submittal of grading plans for any portion of either Planning Area
H or I, the Applicant shall prepare plans, submit and obtain the City Engineer' s approval of
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 30 of 42
rough grading for the Community Park site (Lot CP-A and B.) (Parks, Engineering.
Planning)
117. Simultaneous with the first submittal of improvement plans for any portion of either
Planning Area H or I, the Applicant shall prepare plans, submit and obtain the City
Engineer's approval of below grade utility improvements for the Community Park site (Lot
CP-A and B) (Parks, Engineering, Planning)
118. Applicant shall grade the Community Park site (Lots CP-A and B) to the satisfaction of the
City Engineer and the Director of Planning and Building concurrently with grading for any
portion of either Planning Area H or I, whichever occurs first. (Parks, Engineering,
Planning)
119. Applicant shall install below grade utilities and future points of connection to the boundaries
of the Community Park site (Lots CP-A and B) to the satisfaction of the City Engineer and
the Director of Planning and Building concurrently with the installation of below grade
utilities for any portion of Planning Areas H or I, whichever occurs first. (Parks,
Engineering, Planning)
120. Prior to issuance of a building permit which involves the 800th dwelling unit for the Project,
the Applicant shall commence construction on the complete and final Community Park and
facilities in complete accordance with the Approved San Miguel Ranch Community Park
Improvement Plans. (Parks, Planning)
121. Prior to issuance of a building permit which involves the 960th dwelling unit for the Project,
the Applicant shall complete construction of the San Miguel Ranch Community Park and
facilities. The term "complete construction" shall mean park construction has been
completed according to the City approved improvement plans and accepted by the Director
of Planning and Building. Furthermore, "complete construction" shall mean prior to and
shall not include the City's establishment maintenance period, required prior to acceptance
by City for public use. (Parks, Planning)
122. Prior to the approval of each Final Map within the project which allows construction of any
dwelling units, the Applicant shall pay to the City the portion of the Park Development Fee
due for the dwelling unit count of the respective Final Map. The principal funds shall
accumulate to the total amount of the park development fee due for the Project as established
by the PFFP, less any amount of credit received for the dedication of additional park land.
In the event the City accepts the "turn-key" improvements of the Community Park site
(Planning Area CP) the Park Development fees paid, less the City' s cost of processing and
administering the expenditure verification and administration of the PAD fees, shall be
returned to the Applicant at the time of the City' s acceptance of the park improvement plans
and accompanying security bonds. The City may withhold up to 20% of the total PAD fees
due until the park has been completed and accepted by the City. (Parks, Planning)
San Migue] Ranch Tentative Map Conditions of Approval Exhibit B
February 1812000 Page 31 of 42
123. Prior to the commencement of any construction of the "turn-key" improvements of the
Community Park site (Planning Area CP) the Applicant shall submit to the City for review,
verification and receive approval ofa pre-construction established cost for such construction.
Any amendment to this total cost shall be in writing and receive approval from the City.
Prior to the release of any PAD fee due the Applicant, the Applicant shall submit to the City
for review, verification and receive approval of a complete accounting of all expenses for the
cost of improvements to the "turn key" Community Park. In the event of a disagreement as
to the appropriateness of expense for which the Applicant seeks reimbursement, the City
Manager's or his designee's opinion shall prevail. The Manager or his designee shall not
unreasonably withhold approval. (Parks, Planning)
124. The Applicant may not improve the park in excess of the City approved pre-constmction
established cost without City approval. In the event the City requires Applicant to improve
park in excess of the City approved pre-constmction established cost the City shall reimburse
the Applicant for the amount authorized by the City to be expended as a result of City's
requirement. This condition shall not be construed to prevent the Applicant from improving
the park in excess of the project' s City approved pre-construction established cost with the
City's approval, at the Applicant's sole cost and expense. (Parks, Planning)
125. Prior to the issuance of the Building Permit for the 400th dwelling unit within the Project (or
other dwelling unit number as may be Approved by the City Manager (or designee)), the
Applicant shall have commenced construction of the First Phase of the Community Park site
as directed by the Park Master Plan, or provided improvements to the site to the satisfaction
of the City Manager (or designee) including installation of an automatic irrigation system,
planting of turf, and the installation of an all weather access road acceptable to the Fire and
Police Departments. Applicant shall complete construction within 120 days of
commencement. (Parks, Planning)
126. Prior to issuance of the Building Permit involving the 236th dwelling unit within the Project,
Applicant shall have obtained approval of the construction drawings for the First Phase of
the community park and provided security in a form acceptable to the City Attorney and as
approved by the City Manager or his designee. (Parks, Planning, Attorney)
127. Prior to the approval of the Final Map which contains the 490th dwelling unit within the
Project the Applicant shall prepare construction plans, submit for approval from the City
Manager (or designee) plans for improvements of the private neighborhood park site
(Planning Area NP.) (Parks, Planning)
128. Prior to the issuance of the Building Permit for the 490th dwelling unit within the Project the
Applicant shall complete construction to the satisfaction of the City Manager (or designee)
for the improvement of the private neighborhood park site (Planning Area NP.) (Parks,
Planning)
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 32 of 42
129. Prior to the issuance of the Building Permit for the 472"d dwelling unit within the Project, the
Applicant shall obtain approval from the Director of Planning and Building for complete
improvements to the Community Park site (CP-A) other than the First Phase, and provided
security in a form acceptable to the City Attorney and as approved by the City Manager.
(Parks, Planning)
130. Prior to approval of the first Final Map for the Project, the Applicant shall enter into an
agreement with the City whereby Applicant agrees to provide the City with a "turn-key"
community park constructed in accordance with the approved San Miguel Ranch Community
Park Master Plan and City approved construction documents, and provide security to the
City in a form of a bond to the satisfaction of the City Attorney, whereby the Applicant
guarantees construction for the Applicant's complete parks development obligation, and
shall provide complete maintenance for the Community Park improvements for a
establishment period of one (1) year, or until such time as the Community Park is accepted
by the City for public use. This condition is not intended to supersede any of the City's
maintenance guarantee requirements. The agreement shall further provide that if any of the
terms, covenants or conditions contained herein shall fail to occur or if they are, by their
terms, to be implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to revoke
or modify all approvals herein granted including issuance of building permits, deny, or
further condition the subsequent approvals that are derived from the approvals herein
granted, institute and prosecute litigation to compel their compliance with said conditions
or seek damages for their violation. The applicant shall be notified 10 days in advance prior
to any of the above actions being taken by the City and shall be given the opportunity to
remedy any deficiencies identified by the City within a reasonable and diligent time flame.
(Parks, Planning)
131. The Director of Planning and Building may, at his sole discretion, modify the neighborhood
and community park development phasing and construction sequence for either or both the
public community park and private neighborhood park should conditions change to warrant
such revision. (Parks, Planning)
132. Prior to approval of the first Final Map within SPA Planning Area I, the Applicant shall have
selected and obtained the approval of the Director of Planning and Building of a final on-site
alignment for the required trail (equestrian/pedestrian) within and adjacent to Open Space
area OS-3 (Lot OS-M) and its connection to the adjoining Otay Water District property
portion of the Greenbelt Trail: The Applicant shall grade said trail concurrent with the
grading of SPA Planning Area I within Phase I. (Planning, Parks)
133. Prior to the approval of each Final Map with designated trails, the Applicant shall provide
to the City an irrevocable offer of dedication (IOD) for the trails to the satisfaction of the City
Engineer and Director of Planning and Building. (Engineering, Parks, Planning)
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 33 of 42
134. Prior to submission to City by Applicant of any grading plans or trail improvement plans
involving property subject to any SDG&E property interests, Applicant shall submit to City,
to the satisfaction of the City, evidence of SDG&E's permission to locate such trails within
said property. Prior to issuance of the first Building Permit within each Final Map area.
Applicant shall prepare, submit and obtain the Approval from the Director of Building and
Planing trail improvement plans which include: trail alignment, width and construction
specifications, signage, connections to adjoining trails both off-site or on site and either
existing or proposed. (Parks, Planning)
135. Prior to approval of the first Final Map for the Project, the Applicant shall enter into an
agreement to construct and provide security for all trails to the satisfaction of the City
Manager (or designee). All trails shall be bonded, in an amount as determined by the City
Manager (or designee), and approved by the City Attorney. (Parks, Planning)
136. Concurrent with the submittal of grading plans, the Applicant shall prepare, submit and
obtain the approval of the City Engineer and Director of Planning and Building, of landscape.
irrigation and erosion control plans. Concurrent with improvement plans, the Applicant shall
prepare, submit and obtain the approval of the City Engineer and the Director of Planning
and Building, open space, parkway, median and trail landscape and irrigation plans. All plans
shall be prepared in accordance with the Chula Vista Landscape Manual and Section V- 15,
Design Guidelines, of the San Miguel Ranch SPA. (Planning, Parks)
137. Prior to the Approval of improvement plans for any portion of Planing Area E, the Applicant
shall prepare, submit and obtain the Approval of the Director of Planning and Building for
landscape planting and irrigation improvements for Lots E-B, E-C, E-D, E-E and E1 -C to the
satisfaction of the Director of Plartning and Building. (Parks, Planning, Public Works)
138. Prior to the Acceptance of improvements for any portion of Planing Area E, the Applicant
shall install landscape planting and irrigation improvements for Lots E-B, E-C, E-D, E-E
and E1-C to the satisfaction of the Director of Planning and Building. (Parks, Plarming,
Public Works)
139. Prior to the Approval of improvement plans for any portion of Planing Area F, the Applicant
shall prepare, submit and obtain the Approval of the Director of Planning and Building for
landscape planting and irrigation improvements for Lots F-A, F-B and EI-A to the
satisfaction of the Director of Planning and Building. (Parks, Planning, Public Works)
140. Prior to the Acceptance of improvements for any portion of Planing Area F, the Applicant
shall install landscape planting and irrigation improvements for Lots F-A, F-B and E1-A to
the satisfaction of the Director of PIanning and Building. (Parks, Planning, Public Works)
141. Prior to the Approval of improvement plans for any portion of Planing Area G, the Applicant
shall prepare, submit and obtain the Approval of the Director of Planning and Building for
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18. 2000 Page 34 of 42
landscape planting and irrigation improvements for Lots G-A, G-D, G~E and E1-B to the
satisfaction of the Director of Planning and Building. (Parks, Planning, Public Work:v)
142. Prior to the Acceptance of improvements for any portion of Planing Area G, the Applicant
shall install landscape planting and irrigation improvements for Lots G-A, G-D, G-E and E 1 -
B to the satisfaction of the Director of Planning and Building. (Parks, Planning, Public
Works)
143. Prior to the Approval of improvement plans for any portion of Planing Area H, the Applicant
shall prepare, submit and obtain the Approval of the Director of planning and Building for
landscape planting and irrigation improvements for Lots H-A, H-B, H-D and H~E to the
satisfaction of the Director of Planning and Building. (Parks, Planning, Public Works)
144. Prior to the Acceptance of improvements for any portion of Planing Area H, the Applicant
shall install landscape planting and irrigation improvements for Lots H-A, H-B, H-D and H-
E to the satisfaction of the Director of Planning and Building. (Parks, Planning, Public
~Vorks)
145. Prior to the Approval of improvement plans for any portion of Planing Area I, the Applicant
shall prepare, submit and obtain the Approval of the Director of planning and Building for
landscape planting and irrigation improvements for Lot I-A and OS-3 to the satisfaction of
the Director of planning and Building. (Parks, Planning, Public Work~9
146. Prior to the Acceptance of improvements for any portion of Planing Area I, the Applicant
shall install landscape e planting and irrigation improvements for Lot I-A and OS-3 to the
satisfaction of the Director of planning and Building. (Parks, Planning, Public Works)
147. Prior to the Approval of improvement plans for any portion of Planing Area J, the Applicant
shall prepare, submit and obtain the Approval of the Director of Planning and Building for
landscape planting and irrigation improvements for Lots OS-7, OS-8 and OS-9, J-A and J-B
tothe satisfactionofthe Director ofPlanning and Building, (Parks, Planning, Public Works)
148. Prior to the Acceptance of improvements for any portion of Planing Area J, the Applicant
shall install landscape e planting and irrigation improvements for Lots OS-7, OS-8 and OS-9,
J-A and J-B to the satisfaction of the Director of Planning and Building. (Parks, Planning,
Public Works)
149. Prior to the Approval of improvement plans for any portion of Planing Area K, the Applicant
shall prepare, submit and obtain the Approval of the Director of Planning and Building for
landscape planting and irrigation improvements for Lots K-A, K-B, K-C and K-D to the
satisfaction of the Director of Planning and Building. (Parks, Planning, Public Works)
150.' Prior to the Acceptance of improvements for any portion of Planing Area K, the Applicant
shall install landscape planting and irrigation improvements for Lots K-A, K-B, K-C and K-
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 35 of 42
D to the satisfaction of the Director of Planning and Building. (Parks, Planning, Public
Works)
151. Prior to the Approval of improvement plans for any portion of Phming Area L, the Applicant
shall prepare, submit and obtain the Approval of the Director of Planning and Building for
landscape planting and irrigation improvements for Lots L-A, L-B, L-C, Lot L-E and L-F to
the satisfaction of the Director of Planning and Building. (Parks, Planning, Public Works)
152. Prior to the Acceptance of improvements for any portion of Planing Area L, the Applicant
shall install landscape e planting and irrigation improvements for Lots L-A, L-B, L-C, Lot
L-E and L-F to the satisfaction of the Director of Planning and Building. (Parks, Planning,
Public Works)
153. Prior to the Approval of improvement plans for any portion of Planing Area M, the Applicant
shall prepare, submit and obtain the Approval of the Director of Planning and Building for
landscape planting and irrigation improvements for Lot M-B to the satisfaction of the
Director of Planning and Building. (Parks, Planning, Public Works)
154. Prior to the Acceptance of improvements for any portion of Planing Area M, the Applicant
shall install landscape e planting and irrigation improvements for Lot M-B to the satisfaction
of the Director of Planning and Building. (Parks, Planning, Public Works)
155. Prior to approval of each Final Map, or as otherwise approved by the Director of Planning
and Building, provide a schedule outlining the proposed turnover of maintenance for open
space areas to H.O.A. as applicable (Parks, Planning, Public Works)
156. Provide a landscaping plan for each Planning Area, prior to approval of the first building
permit for the Planning Area, showing that all single family residential lots have been
designed to accommodate a 5 ,~' X 5 ,~' (30.25 sq.ft.) tree planting area within the street tree
easement clear of utility lines, boxes, and similar obstructions. (Parks, Planning, Public
Works)
EASEMENTS
157. Grant on the Final Maps minimum 15' wide easements to the City of Chula Vista for
construction and maintenance of sewer facilities. (Engineering)
158. Grant on the Final Maps minimum 15' wide easements to the City of Chula Vista for
construction and maintenance of storm drain facilities. (Engineering)
159 Grant on the Final Maps 10' wide general utility easements adjacent to street right-of-way
within open space lots= unless otherwise approved by the City Engineer. (Engineering)
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 36 of 42
160. Grant by separate document easements for all off-site public storm drains and sewer facilities
prior to approval of any Final Map requiring those facilities. (Engineering)
t 61. Grant by separate document easements for all off-site public storm drains and sewer facilities
within the SR-125 right-of-way corridor prior to approval of any final map requiring those
facilities. The easements shall be the size as required by City standards unless otherwise
approved. (Engineering)
162. Grant on the Final Map any additional area in order to provide 20' landscape buffer
easements adjacent to the bus turnouts on Proctor Valley Road, east of the intersection of
Motrot Miguel Road/East 'H' Street, along frontages of Planning Areas 'A', 'M' and 'N'.
(Engineering, Parks, Planning)
163. Grant on the Final Maps a 30' landscape buffer easement adjacent to north/east side of Mount
Miguel Road and an 8' landscape buffer easement adjacent to south/west side of Mount
Miguel Road. (Engineering, Parks, Planning)
MISCELLANEOUS
164 Tie the boundary of the subdivision to the California System - Zone VI (1983) and NAVD
88. (Engineering)
165. Submit "as-built" improvement and grading plans as required by the City Subdivision
Manual. (Engineering, Engineering-Inspection)
166. Submit copies of Final Maps in a digital format such as (DXF) graphic file prior to approval
of each Final Map. Provide Computer Aided Design (CAD) copy of the Final Map based
on accurate coordinate geometry calculations and submit the information in accordance with
the City Guidelines for Digital Submittal in duplicate on 3-1/2" disks, or as otherwise
approved by the City Engineer. Submit as-built improvement and grading plans in digital
format. Maintain security to guarantee the ultimate submittal of improvements and grading
digital files. Update electronic files after any construction pen and ink changes to the grading
or improvement plans and resubmit to the City. (Engineering)
167. Implement all conservation measures prescribed in the San Miguel Ranch Water
Conservation and Air Quality Improvement Plans. (Planning)
168. Comply and remain in compliance with the Planned Community District Regulations and
Design Guidelines. (Planning)
169. Provide the City with a copy of the disclosure to homeowners of cost associated with Mello-
Roos Assessment and Community Facility/Open Space districts as required by Ordinance
2275, prior to approval of the first Final Map. (Engineering, Planning)
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 37 of 42
FIRE AND BRUSH MANAGEMENT
170. Provide the Initial Cycle of fire management/brush clearance within lots adjacent to natural
open space areas subject to approval by the Fire Marshal and Director of Planning and
Building. (Fire, Parks, Planning)
171. Provide fire hydrants every 500 ft. for single family residential units and every 300 ft. for
multi-family residential units. All hydrants shall be operable prior to delivery of combustible
building materials, and minimum 20' wide, all-weather fire access roads shall also be
provided. (Engineering, Fire, Planning)
172. Provide sprinkler systems in all homes in Planning Area "L" that are easterly of the 1000'
centerline distance of Street "QQ", as measured from the cross-street of Street "VV" (lots
33 through 55 & lots 57 through 69). (Fire, Planning)
173. Provide sprinkler systems in all homes that are on flag lots where the setback distance is
greater than 150' as measured from the nearest curb face. (Fire, Planning)
CODE REOUIREMENTS
174. Comply with all applicable sections of the Chula Vista Municipal Code including Chapter
15.04 "Grading Ordinance" as amended. Preparation of the Final Map and all plans shall be
in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista
Subdivision Ordinance and Subdivision Manual.
(Engineering, Planning)
175. Underground all utilities within the subdivision in accordance with Municipal Code
requirements, excepting those utilities owned and operated by SDG&E located within E-1
and E-2 which may be relocated per the requirements of SDG&E, to the satisfaction of
SDG&E and the City Engineer. (Engineering)
176. Pay, or otherwise satisfy to the City, all applicable fees in accordance with the City Code and
Council Policy, including, but not limited to, the following (Engineering):
Prior to issuance of building permit:
a. The Transportation and Public Facilities Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to sewer connection fees.
d. SR-125 impact fee.
e. Proctor Valley Trunk Sewer Reimbursement District Fee.
f. Frisbie Trunk Fee.
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18. 2000 Page 38 of 42
Prior to each Final Map approval:
g. Park Acquisition and Development Fee.
h. Spring Valley Sanitation District Trunk Fee.
(Engineering, Parks, Planning)
The amount of said fees shall be those in effect at the time of issuance of final maps or
building permits as applicable.
177. Comply with all relevant Federal, State, and Local regulations, including the Clean Water
Act. The developer shall be responsible for providing all required testing and documentation
to demonstrate said compliance as required by the City Engineer. (Engineering, Parks,
Planning)
178. Design all dwelling units to preclude interior noise levels over 45 dBA and shield all exterior
private open space to limit noise exposure to 65 dBA. (Planning)
179. Comply with all applicable regulations established by the United Sta~es Environmental
Protection Agency (USEPA) as set forth in the National Pollntant Discharge Elimination
System (N .P.D.E.S.) permit requirements for urban runoffand storm water discharge and any
regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or
requirements. Further, the applicant shall file notice of intent with the State Water Resources
Control Board to obtain coverage under the N.P.D.E.S. 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 comrol measures. (Engineering)
180. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments"
pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments.
Submit the disclosure form for approval by the City Engineer prior to Final Map approval.
(Parks, Planning, Engineering)
181. The Applicant shall comply with Council Policy No. 522-02 regarding maintenance of
natural channels within open spaces. (Engineering)
GROWTH MANAGEMENT/PUBLIC FACILITIES FINANCING PLAN (PFFP)/PHASING
182. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth
Management) as may be amended from time to time by the City. Said chapter includes but
is not limited to: threshold standards (19.09.04), public facilities finance plan
implementation (19.09,090), and public facilities finance plan amendment procedures
19.09.100).
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18. 2000 Page 39 of 42
183. Install public facilities in accordance with the San Miguel Ranch Public Facilities Finance
Plan as may be amended from time to time, or as required by the City Engineer to meet
threshold standards adopted by the City of Chula Vista. The City Engineer and Director of
Planning and Building may, at their discretion, modify the sequence of improvement
construction should conditions change to warrant such a revision. The Developer shall
construct the public improvements and provide security satisfactory to the City Engineer.
184. Applicant shall develop the Project in accordance with the approved SPA and PFFP phasing
plan. If the applicant proposes to modify this approved phasing plan, the applicant shall
submit to the City a revised phasing plan for review and approval prior to approval of each
Final Map. The PFFP and these map conditions shall be revised where necessary to reflect
the revised phasing plan. (Engineering, Planning)
185. If phasing is proposed within an individual map or through multiple final maps, the
developer shall submit and obtain approval for a development phasing plan by the City
Engineer and Director of Planning and Building prior to approval of any Final Map.
Improvements, facilities and dedications to be provided with each phase or unit of
development shall be as determined by the City Engineer and Director of Planning and
Building. The City reserves the right to require said improvements, facilities and/or
dedications as necessary to provide adequate circulation and to meet the requirements of
police and fire departments. The City Engineer and Director of planning and Building may,
at their discretion, modify the sequence of improvement construction should conditions
change to warrant such a revision. The developer agrees that the City Engineer may change
the tim'rag of construction of the public facilities. (Engineering, Planning)
186. The Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and
tentative map with improvements installed in accordance with said plan or as required to
meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility
phasing plan based upon a set of assumptions concerning the location and rate of
development within and outside of the project area. Throughout the build-out of San Miguel
Ranch, actual development may differ from the assumptions contained in the PFFP. Neither
the PFFP nor any other document grant the Applicant an entitlement to develop as assumed
in the PFFP, or limit the facility improvement requirements to those identified in the PFFP.
Compliance with the City of Chula Vista threshold standards, based on actual development
patterns and updated forecasts in reliance on changing entitlements and market conditions~
shall govern SPA development patterns and the facility improvement requirements to serve
such development. In addition, the sequence in which improvements are constructed shall
correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to
the Growth Management Program and Ordinance adopted by the City. The City Engineer
may modify the sequence of improvement construction should conditions change to warrant
such a revision. The San Miguel Ranch PFFP, at the Applicant's expense and subject to a
Reimbursement Agreement, shall be updated, upon request of the City Engineer, to reflect
said revisions including the nature, sizing, extent and timing for the construction of public
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 40 of 42
facilities caused by San Miguel Ranch, and shall become a condition for all subsequent San
Miguel Ranch entitlements, including tentative and final maps. (Engineering, Planning)
187. The Developer agrees that the City may withhold building permits for any of the phases of
development identified in the Public Facilities Financing Plan (PFFP) if the required public
facilities, as identified in the PFFP or as axnended or otherwise conditioned, have not been
completed or constructed to the satisfaction of the Director of Planning and Building. The
property owner may propose changes in the timing and sequencing of the development and
the construction of improvements affected. in such cases, the PFFP may require amendment
as approved by the Director of Planning and Building. (Engineering, Planning)
188. The applicant acknowledges that the City is presently in the process of amending its Growth
Management Ordinance to establish provisions necessary to ensure compliance with adopted
thresholds standards (particularly traffic) prior to the construction of State Route 125. Said
provisions will require the demonstration, to the satisfaction of the City Engineer, of
sufficient street system capacity to accommodate a proposed development as a prerequisite
to Final Map approval for that development, and that the applicant hereby agrees to comply
with adopted amendments to the Growth Management Ordinance. (Engineering, Planning)
189. The Applicant shall at its own cost and expense, revise the San Miguel Ranch Water
Conservation Plan ("WCP") as necessary to incorporate new water conservation measures,
and/or to participate in pilot projects to evaluate new measures, such as graywater systems,
as adopted by the City Council, and comply and remain in compliance with the WCP, and
the Applicant shall be required to modify the WCP to incorporate those new measures which
are in effect at the time, prior to or concurrent with each Final Map approval. The new
measures shall apply to development within all future Final Map areas, but shall not be
retroactive to those areas which received Final Map approval prior to effect of the subject
new measures.
Applicant shall agree to waive any claim that the adoption of a revised Water Conservation
Plan or Air Quality Plan constitutes an improper subsequent imposition of the condition.
HOME OWNERS ASSOCIATIONS ("HOA")/DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS ("CC&R's)
190. The Applicant shall create a Master Homeowner's Association ("MHOA") to own and
maintain in a professional manner open space areas, medians, parkways, or any other
improvement not maintained b~a Community Facility District, the City, or other entity
(referred to collectively as "open space areas"). The Applicant shall complete the formation
of the MHOA prior the first final Map for the project. The MHOA shall be structured to
allow annexation of future tentative map areas in the event the City Engineer and Director
of Planning and Building require such annexation of future tentative map areas. On or before
60 90 days from the date of Council approval of this tentative map, the developer shall
submit for City's approval the CC&R' s, grant of easements and maintenance standards and
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 41 of 42
responsibility of the MHOA's for the Open Space Areas within the Project area. Developer
shall acknowledge that the MHOA's maintenance of public open space, trails, etc. may
expose the City to liability. Developer agrees to establish a MHOA that will hold the City
harmless from any negligence of the MHOA in the maintenance of such areas. (Engineering,
Planning)
191. The Declaration of Covenants, Conditions and Restrictions (CC & R's) shall include
provisions establishing a Home Owners Association (HOA) to assure maintenance of all
open space areas and slopes which are not maintained by other means, streets, driveways,
drainage and sewage systems which are private, and landscape and irrigation, walls and
public street improvements which are not maintained by other means, all subject to approval
of the City. The City of Chula Vista shall be named as party to said Declaration authorizing
the City to enforce the terms and conditions of the Declaration in the same manner as any
owner within the subdivision. (Engineering, Parks, Planning, Public Works)
192. Designate as private and maintain by a Home Owner's Association all storm drain clean outs
determined by the City to be in areas inaccessible for maintenance equipment. (Engineering,
Public Works)
193. Prior to the approval of each Final Map, Declaration of Covenants, Conditions, and
Restrictions (CC&R's) shall be submitted and approved by the City Engineer, Director of
Planning and Building, and Director of Public Works. The CC&R's shall include the
following obligations of the Master Homeowners Association:
a. Maintain all the facilities and improvements within the open space lots offered for
dedication to the City until acceptance of the open space lots for maintenance by the
open space/Community Facilities District.
b. A requirement that the MHOA shall maintain comprehensive general liability insurance
against liability incident to ownership or use of the following areas:
i. open space lots offered for dedication to the City until acceptance by the City,
ii. all open space lots that shall remain private,
iii. other Master Association property.
c. Before any revisions to provisions of the CC&R's that may particularly affect the City
can become effective, said revisions shall be approved by the City. The MHOA shall
not seek approval from the City of said revisions without the prior consent of 100
percent of the holders of first mortgages or property owners within the MHOA.
San Miguel Ranch Tentative Map Conditions of Approval Exhibit B
February 18, 2000 Page 42 of 42
d. The MHOA shall indemnify and hold the City harmless from any claims, demands,
causes of action liability or loss related to or arising from the maintenance activities of
the MHOA.
e. The MHOA shall not seek to be released by the City from the maintenance obligations
described herein without the prior consent of the City and 100 percent of the holders of
first mortgages or property owners within the MHOA.
f. The MHOA is required to procure and maintain a policy of comprehensive general
liability insurance written on a per occurrence basis in an amount not less than one
million dollars combined single limit. The policy shall be acceptable to the City and
name the City as additionally insured.
g. The CC&R's shall incorporate restrictions for each lot adjoining open space lots
containing walls maintained by the open space district to ensure that the property owners
know that the wails may not be modified or supplemented nor may they encroach on
City property.
h. TheCC&R'sshallincludeprovisionsassuringMHOAmembershipinanadvancenotice
such as the USA Dig Alert Service in perpetuity.
i. The CC&R's shall include provisions that provide City the fight, but not the obligation,
to enfome the CC&R provisions same as any owner in the Project.
j. The CC&R provisions setting forth restrictions in these Tentative map conditions may
not be revised at any time without prior written permission of the City.
k. The MHOA shall not dedicate or convey for public streets, land used for private streets
without approval of 100% of all the HOA members or holder of first mortgages within
the MHOA. (Engineering, Parks, Planning, Public l'Vorks)
AFFORDABLE HOUSING
194. Prior to approval of the first Final Map, enter into an agreement with the City to the
satisfaction of the Director of Community Development and the Director of Planning and
Building, specifying the phasing of required affordable housing units in relation to ongoing
development entitlements for the overall San Miguel Ranch project and guaranteeing the
provision of those affordable housing units in accordance with the San Miguel Ranch
Comprehensive Affordable Housing Program. (Planning, Community Development)
H:\SHARED\PLANNING\smrtrnc 16.eb. wpd
COUNCIL AGENDA STATEMENT
Item No.: ~
Meeting Date: 2/29/00
ITEM TITLE: Resolution Authorizing the Mayor to enter into a Land Offer Agreement
between the City of Chula Vista and the EastLake Company, LLC, for
Conveyance of 45 acres to the City for University Purposes
SUBMITTED BY: Director of Planning and Building/~/
REVIEWED BY: City Manager~ (4/Sths Vote: Yes No X )
In 1999, the City Manager entered into a letter of intent with the EastLake Company under
which the City agreed to provide certain considerations with regard to future entitlements for
EastLake III, as well as extension of the existing EastLake III development agreement, if
EastLake would agree to enter into an agreement under which it would eventually convey 45
acres of a proposed University Site to the City. In February 2000, the City Council approved
the extension of the EastLake III development agreement. At this time, staff is bringing
forward a proposed offer agreement between the City and EastLake, under which other terms
of the letter of intent would be implemented.
RECOMMENDATION: That Council approve the resolution authorizing the Mayor to enter
into the proposed land offer agreement between the City and EastLake Company.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Major Terms of Agreement
Under the terms of the proposed land offer agreement, EastLake Company would agree to
convey 45 acres, which has been designated as a portion of the proposed 1,100+ acre
"University Site," to the City of Chula Vista for future conveyance to the University of
California or other qualified higher education institution.
Article 2 of the Agreement sets forth the terms for the initial offer of dedication, which would
occur within 5 days after the owners execution of the agreement. Article 2 also addresses
limitations of City use of the site, as well as provisions under which the City would offer the
applicant the right to purchase said property if it later decides not to use the site for university-
related purposes.
Page 2, Item No.: L~I
Meeting Date:
Article 3 of the Agreement sets forth the terms under which the City may accept this offer.
Specifically, in order to accept the offer of dedication, the City would be required to provide
the following considerations:
1. Entitlements consisting of a minimum of 1732 dwelling units in the EastLake Woods and
Vistas areas of EastLake III, which is 220 units greater than is currently approved in the
EastLake III General Development Plan, and which would also include siting one of two
proposed public parks in a location currently designated as "open space" in the adopted
GDP;
2. Allocation to the developer of a fair share of remaining sewer capacity at the time the
project is developed;
3. Amendments to the City's General Plan and EastLake III General Development Plan, and
approval of a tentative subdivision map to implement said project, with said entitlements to
be processed by August 31, 2001; and
4. Amendments to the existing EastLake III Development Agreement to vest these future
entitlements.
Article 3 of the Agreement also includes an acknowledgement that the applicam is requesting
approval of 160 dwelling units in excess of the minimum number of dwelling units set forth
above. Section 3.2 of the agreement provides that the City will consider this proposal for
additional dwelling units on its merits, and for City staff to provide a written analysis of its
position on this proposal. In addition, in Section 3.3, the City agrees to provide the applicant
with a 30-day review period, after public review of the draft EIR is completed, to consider the
draft Public Facilities Financing Plan and draft conditions of approval for the project. At that
point, if the applicant determines that conditions of approval for the project would make it
economically feasible, the applicant may withdraw its application and the City would release
the offer of dedication of land.
Article 4 includes a provision wherein the City and applicant would agree on a developmere
phasing schedule to be used in future transportation modeling for this projects and other
proposed projects in Eastern Chula Vista (Section 4.1). In addition, it includes a provision that
restricts the City from imposing any special taxes, assessments, fees, charges or other
exactions on the university property prior to City acceptance of the offer of dedication (Section
4.2).
Analysis
This offer agreement provides the City with an opportunity to obtain a portion of the proposed
University Site, through providing certain considerations in conjunction with future
entitlements for the EastLake III projects. Acquisition of the University Site would be a major
step forward in achieving one of the City's key General Plan goals. City staff has done a
Page 3, Item No.: /'/
Meeting Date:
preliminary analysis of these proposed considerations, and we believe that they can be
accomplished within the overall framework established by the City's General Plan, and would
preserve the character already established for EastLake planned commtmity. However, it
should be emphasized that the City Council and Planning Commission would have full
discretionary authority to consider the proposed plan changes at the time they are presented in
a public hearing, with benefit of a final EIR and staff analysis.
On this basis, staff is recommending that the City Council approve the attached agreement, and
direct staff to move forward to complete a project processing schedule which will provide for
completion of processing of entitlements in accordance with the overall schedule set forth in
this agreement.
FISCAL IMPACT: The applicant would pay for all costs associated with processing the terms
of this agreement.
Attachment
Letter of Intent
(H:\shared\planning\ COUNCIL AGENDA STATEMENT EL)
LETTER OF INTENT
This Letter of Intent is meant to be an expression of
interest by The EastLake Company, LLC., a limited liability
Company, Western Salt Company, a California corporation,
(collectively "Developer") and the City of Chula Vista ("City") to
enter into an offer agreement (the "Offer Agreement") acceptable to
the parties.
Although this Letter of Intent is not meant by the
parties to be a legally binding agreement, or an amendment to any
existing agreement, it does contain some of the essential
principles that would form the basis of the Offer Agreement.
1. Initial Actions by the Parties.
a. Upon execution of this Letter of Intent by the City
and Developer, City agrees to commence and to thereafter diligently
and expeditiously process for City Council approval, an amendment
to the EastLake III Development Agreement, approved by Ordinance
No. 2356 ("Development Agreement"), to extend the term of the
Development Agreement for a period of ten (10) years provided,
however, the City is not required to extend the Development
Agreement unless the parties also mutually agree on updates to the
Development Agreement to reflect current policies ordinances and
procedures. Such update of the Development Agreement shall be
mutually agreeable to both parties. City understands that
Developer intends to incorporate the Land Swap parcel, as described
on Exhibit "1," into said amendment to the Development Agreement at
the time this amendment is processed. The Land Swap Parcel will be
incorporated within the Development Agreement with the land uses
and residential units reflected in the SPA Plan approved by the
City Council by Resolution 19275 provided, however, Developer
understands that further amendments may be required to accommodate
the Land Swap Parcel.
b. In exchange for processing the above described
amendment to the Development Agreement, Developer agrees that upon
execution of this Letter of Intent, City may offer the real
property shown on Exhibit "A" to the University of California, or
may offer or use the real property for such other purpose as
desired by City, as addressed in paragraph 4 below, subject to the
City attaining ownership of said property in accordance with the
Offer Agreement.
2. Execution of Offer Agreement.
a. Upon City's and Developer's execution of the Offer
Agreement, City will diligently and expeditiously process for City
Council consideration the following items (hereinafter referred to
collectively as "Entitlements"); amendments to the City's General
Plan and the EastLake III General Development Plan ("GDP"), a
1
Sectional Planning Area Plan, and a tentative map, in order to
provide for a minimum of 1732 units plus the Land Swap units and
the "Woods West" units as further depicted conceptually on Exhibit
"B." The parties anticipate that the details of processing such
Entitlements, including a proposed schedule and Exhibit "B" will
be further defined and agreed to by the parties in the Offer
Agreement. The City recognizes that EastLake intends to propose
amendments to the Entitlements (the approval of which is not a
condition to the Offer of Dedication described in paragraph 4
below) which would provide for 1892 dwelling units in EastLake III
(160 additional units). City agrees to consider such proposed
amendments on their merits in good faith. EastLake understands and
agrees that the approval or denial by the City of entitlements for
such additional units does not in any way impact the Offer of
Dedication by EastLake as set forth in paragraph 4 below.
b. In addition to the amendment to the Development
Agreement referred to in paragraph 1 above, upon City's and
Developer's execution of the Offer Agreement, the City shall
diligently and expeditiously process for City Council consideration
an amendment to the Development Agreement to include the following:
i. Developer shall be provided with a fair share of
remaining sewer capacity at the time the project is developed.
ii. Developer's remaining park obligations shall be
limited to 17 acres (10 in the Vistas and 7 in the Woods or some
combination thereof as approved by the City not to exceed 7 acres
in the Woods and a total of 17 acres.) This obligation may be
increased if the number 'of dwelling units increases from that
allowed in the current GDP.
iii. The Development Agreement shall be amended to
include the Entitlements if approved by the City Council.
c. The Offer Agreement shall provide that once Olympic
Parkway Phases I, II, and III have been financially guaranteed,
City agrees to include the Eastlake III dwelling unit totals (per
a phasing ~chedule to be agreed to by the parties within the next
90 days) mn all future transportation models for approvals of
projects located East of 1-805. Such Phasing schedule shall be
used in future transportation models and shall be a basis for
future actions on discretionary project approvals for projects east
of 1-805.
3. Best Efforts. City and Developer shall both use their
best efforts to process both the Development Agreement Amendment
described in paragraph l(a) above and the terms of the Offer
Agreement in a good faith effort to present both to the City
Council for its consideration within 90 days of the execution of
this Letter of Intent.
2
4. Offer of Dedication. Upon approval of the Entitlements
and the amendments to the Development Agreement described in
paragraph 2 above, Developer shall provide or cause to be provided
to the City fee title to the real property shown on Exhibit "A,"
consisting of approximately 45 acres, for higher education, active
public recreation and/or low density residential uses. City agrees
to restrict the Property to only higher education use for the
period of time set forth in the Otay Ranch GDP approved by
Resolution No. 17298. City further agrees that prior to the City
using said real property for low density residential uses that
Developer shall be provided with the right and option to purchase,
as further defined in the Offer Agreement. Developer shall provide
or cause to be provided said real property to the City free and
clear of all encumbrances and interests other than those
encumbrances approved by the City, as shown on the Preliminary
Title Report to be attached to the Offer Agreement.
5. City Reservation of Discretion and Compliance with
Applicable Law. It is understood that.the City reserves the right
to exercise its discretion as to all matters which the City is by
law entitled or required to exercise its discretion with respect to
the Entitlements, including but not limited to, CEQA compliance and
other similar laws. In addition, any amendments and approvals
processed for City Council approval will be subject to, and brought
to City Council for consideration in accordance with applicable
legal requirements. Developer understands and agrees that nothing
herein shall be construed as to restrict the City's ability to
exercise its discretion as provided by the City Growth Management
Program and Ordinance (City of Chula Vista Municipal Code Section
19.09., et seq.)
The parties are in agreement with the foregoing as indicated
by their signatures below. The parties agree that any
modifications from the principles expressed herein will be in
writing and signed by the parties. The signatory below for the
City and for the entity referred to as Developer in this Letter of
Intent represents having the authority to act on behalf of such
party and entity. Developer understands that the Offer Agreement,
and the amendment to the Development Agreement requires the
approval of the City Council.
6. Counterparts. This Agreement may be executed in any
number of counterparts {each of which shall be original) and by
facsimile (which along with the originally executed Agreement)
shall constitute one and the same document.
(NEXT PAGE IS SIGNATURE PAGE)
3
SIGNATURE PAGE TO
LETTER OF INTENT
IN WITNESS WHEREOF, the parties hereto have caused this Letter
of Intent to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA THE EASTLAKE COMPANY, LLC,
a California Limited Liability
Company
David D. Rowlands, Jr.
City Manager By:
President
City Clerk Vice President
Approved as to form by WESTERN. SALT COMPANY,
a California corporation
John M. Kaheny By:
City Attorney Henry F. Hunte
President, CEO
By:
Elizabeth E. Bruton
Secretary
SIGNATURE PAGE TO
LETTER OF INTENT
IN WITNESS WHEREOF, the parties hereto have caused this Letter
of Intent to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA THE EASTLAKE COMPANY, LLC,
a California Limited Liability
Company
David D. Rowlands, Jr-J/
City Manager By:
William T. Ostrem
President
Susan Bigelow Guy Asaro
City Clerk Vice President
Approved as to form by WESTERN SALT COMPD~NY,
a California corporation
John M. Kaheny By:~Hke~nry~F.H~u~
City Attorney
President, CEO
Elizabeth E. Bruton
Secretary
M: \Home\Attorney\EastLke2 cln
EXHIBIT 1
vC-;
R-t3
P.I
~ R-'I4 R.5
~., ~ o ~,-... .y':."
R-25
OS 3'
S-2
R-;
R.8
PQ-2
PQ- 1 R-6
R-20
R-t
' FC- ' P-3
R-12
R-16
R-23
R-TO
'EASTLAKE
GREENS
A~Cc~'rnu-ilyh the Cily d Chu!n V'~fo
EXHIBIT A
Those portions of that portion of Rancho Janal in the City of Chula Vista, County of
San Diego, State of California deeded to Western Salt Company per deed recorded
December 18, 1950 as Document No, 147375 in Book 3902, Page 47 O,R, filed in
the Office of the Recorder of said County, said portions being more particularly
described.as follows:
Beginning at the Southwesterly corner of Parcel 1 of Parcel Map No, 16318 filed in
the Office o.f the Recorder of said County: thence along the Southerly line of Said
Parcel '1 North 89 ° 27'37" East 660.34 feet to the Southeasterly corner of said Parcel
1, said point being the beginning of a non-tangent 560,00 foot radius curve concave
· Northeasterly, to which a radial line bears South 89027'37" West; ~thence along the
Easterly line of Parcel I of said deed to Western Salt Company, Southeasterly along
the arc of said curve through a central angle of 32~58'53'' a distance of 316,60 feet;
thence continuing along said Easterly line South 33~31 '16" East 487.69 feet to the
beginning of a tangent 950,00 foot radius curve concave SoUthwesterly; thence
continuing along said Easterly'.line Southeasterly along the arc of said 'curve through
a central angle of 28040'26" a distance of 476,43 feet; thence continuing along said
Easterly line South 04° 50' 50" East 2174.97 feet to the Southeasterly corner of said
deed; thence along the Southerly line of said deed North 89°03'01'' West 231.01
feet to the Southwesterly line of said deed, said point also being Corner No. 2 of
Rancho Janal; thence along the Westerly 'line of said deed North 18°50'38" West
3493.90 feet to the POINT OF BEGINNING.
UCCV Letter Of Int&nt
Open Space, Parks &
Other Urban Uses
U
U Woods
Woods West.
\
\
\
Vistas
U
Open Space
Public Park
Other Urban Uses OTC
u
~EASTLAKE III ,,.,=~=,
A Planned Community by The BstLake Company
EXHIBIT B
EastLake Woods and Vistas
Land Use Comparison
Proposed Adjusted
GDP Existing
Land Uses in Acres Woods Vistas Total GDP
L Res, Low 163.7 108.7 272.4 351.6
LM Res. Low-Med 61.6 87.5 149.1
M Res. Medium 18.5 18.5 32.0
MH Res. Med.-High 16.1 16.1 34.0
H Res. High 11.6 11.6
L (U) Low (Univ) 44.5
Sub-total Residential 225.3 242.4 467.7 462.1
CR Retail Cornre. 14.7 14.7 7.3
VC Visitor Comm. 22.7 22.7 15.5
PA Prof. & Admin. 3.4
Sub-Total Non~Res. 37.4 37.4 26.2
OS Open Space 67.3 39.9 107.2 123.8
PQ Public Quasi-Public 35.0 8.2 43.2 30.0
P Parks & Rec, 5.0 12 17,0 25.9
Circulation 8.5 9.7 18.2 22.7
Sub-total OS, PQ, P & Circ. 115.8 69.8 185.6 202.4
Grand Total 341.1 349.6 690.7 690.7
Residential Units - Density Distribution
U(,,: I.CI i ['xist:nq i Pr'opOsecj
Woods Vistas GDP I oral C~DP'
L Res. Low 253 3'~ :r .',' ..... .'.:~'.~ .....""'."'~-;~
LM Res. Low-Med 214 3;:;
MH Res. Med.-High 1:'.~: ::'~. ,
H Res. High 2."..' ;'.::'.: I ' .2~
L (U) Low (Univ) ...... :.. ~)~ ......:~...:..
Total 467 12 :~:, ' '
*Does not include 255 units in Woods We~ nor 750 units in the Land Swap.
Also, EastLake did not use 252 units relative to the approved GDPs for the Greens and Trails.
Exhibit B
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE MAYOR TO ENTER
INTO A LAND OFFER AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND THE EASTLAKE COMPANY, LLC,
FOR CONVEYANCE OF 45 ACRES TO THE CITY FOR
UNIVERSITY PURPOSES
WHEREAS, in 1999, the City entered into a Letter of
Intent with the EastLake Company under which the City agreed to
negotiate an Offer Agreement which would provide for the conveyance
of 45 acres to the City for a University Site; and
WHEREAS, under the terms of the proposed Land Offer
Agreement, EastLake Company would agree to convey 45 acres, which
has been designated as a portion of the proposed 1,100+ acres
"University Site" to the City of Chula Vista for future conveyance
to the University of California or other qualified higher education
institution.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve the Land Offer Agreement
between the City of Chula Vista and the EastLake Company, LLC, for
conveyance of 45 Acres to the City for University purposes, a copy
of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
Robert Leiter, Director of John M. Kaheny, City Attorney
Planning and Building
H~\home\attorney\reso\landofer ELC
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
EXEMPT FROM FILING FEES
PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECI'[ON 61(13
AND REVENUE AND TAXATION
CODE SECTION 1192
(Space Above Line For Recorder*s Use Only)
LAND OFFER AGREEMENT
This Land Offer Agreement ("Agreement") is entered into
to be effective as of February 29, 2000 by and between The EastLake
Company, LLC, a California limited liability company, and Western
Salt Company, a California corporation, (collectively referred to
as "Owners") and the City of Chula Vista ("City").
RECITALS
A. Owners own or have an interest in the real property
located in the City as more particularly described and shown on the
attached Exhibit "A' (the "Property" ) .
B. The Property is part of the third phase of the master
planned community commonly known as EastLake. The Property
consists of the projects known as EastLake Trails, EastLake Woods,
EastLake Vistas, an expansion of the EastLake Business Center, the
Olympic Training Center, and the Land Swap Parcel.
C. The Property also includes approximately 45 acres upon
which the City would like to locate a facility for higher education
such as a University of California campus and for other compatible
land uses ( "University Property" ) . The University Property is
shown and described on Exhibit "B'.
D. City and Owners have entered into that certain Letter of
Intent ("Letter of Intent"), attached hereto as Attachment "1," in
which both parties expressed an interest in entering into this
Agreement.
E. Owners and City by entering into this Agreement shall set
forth the terms and conditions for Owners' dedication of the
University Property and the conditions precedent for City's
acceptance of said property.
NOW, THEREFORE, in consideration of the above recitals
and of the mutual covenants hereinafter contained and for other
good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Owners and City agree as follows:
ARTICLE 1
DEFINITIONS
Definitions. This Agreement uses a number of terms
having specific meanings, as defined below. These specially
defined terms are distinguished by having the initial letter
capitalized, when used in this Agreement. The defined terms
include the following:
"Development Agreement" means the Restated and Amended
Development Agreement between the City and Owners, dated
February 1, 2000 and effective on March 22, 2000.
"Effective Date" means the date set forth in the first
paragraph of this Agreement.
"Entitlements" means all of the following; (i) a
Sectional Planning Area Plan ("SPA") and a tentative map, to
provide for a minimum of 1732 units plus the Land Swap units and
the "Woods West" units as further depicted conceptually on Exhibit
"C-l" and as distributed on "C-2," (ii) amendments to the City's
General Plan and the EastLake III General Development Plan ("GDP")
to implement said SPA, and (iii) an amendment to the Development
Agreement to include the vesting of the Entitlements, as approved
by the City Council and the following provisions; that the City
agrees to plan, design, finance and construct sewer facilities, as
it may determine, in its sole discretion, as necessary, to serve
development in eastern Chula Vista, including the Project.
"Growth Program and Ordinance" means the following
policies and standards intended to regulate the timing and phasing
or rate of growth within the City; the Growth Management Element
adopted by City Council Resolution No. 15592 on April 17, 1990, an
ordinance adopted by the City Council on May 28, 1991, as codified
in Chapter 19.19 of the City's Municipal Code, and the Growth
Management Program adopted by City Council Resolution No. 16101 on
April 23, 1996.
"Hazardous Materials" means any substance, material or
waste which is or becomes (i) regulated by any local or regional
governmental authority, the State of California or the United
States Government as hazardous waste, (ii) is defined as a "solid
waste", "sludge", "hazardous waste", "extremely hazardous waste",
2
"restricted hazardous waste", "NOn-RCRA hazardous waste," "RCRA
hazardous waste", or "recyclable material", under any federal,
state or local statue, regulation or ordinance, including without
limitation Sections 25115, 25117, 25117.9, 25120.2, 25120.5,
251227, 25140, 25141 of the California Health and Safety Code;
(iii) defined as "Hazardous Substance" under Section 25316 of the
California Health and Safety Code; (iv) defined as a "Hazardous
Material", "Hazardous Substance", or "Hazardous Waste" under
Section 25501 of the California Health and Safety Code; (v) defined
as a "Hazardous Substance" under Section 25281 of the California
Health and Safety Doe; (vi) asbestos; (vii) petroleum produces,
including without limitation, petroleum, gasoline, used oil, crude
oil, waste oil and any fraction hereof, natural gas, natural gas
liquefied, natural gas or synthetic fuels, (viii) materials defined
as hazardous or extremely hazardous pursuant to the California Code
of Regulations; (ix) polychlorinated biphenyls; (x) defined as a
"Hazardous Substance" pursuant to Section 311 of the Federal Water
Pollution Control Act (33 U.S.C. Section 1251 et seq.); (xi)
defined as a "Hazardous Waste" pursuant to Section 1004 of the
Federal Resource Conservation and Recovery Act, 42 U.S.C. Section
6901 et seq., (xii) defined as a "Hazardous Substance" or "Mixed
Waste" pursuant to Section 101 of the Comprehensive Environmental
Response Compensation and Liability Act, 42 U.S.C. Section 9601 e__t
seq. and regulations promulgated thereunder; (xiii) defined as a
"Hazardous Substance" pursuant to Section 401.15 of the Clean Water
Act, 40 C.F.R. 116; OR (xiv) defined as an "Extremely Hazardous
Substance" pursuant to Section 302 of the Superfund Amendments and
Reauthorizations Act of 1986, 42 U.S.C. Section 11002 et seq.
"Irrevocable Offer of Dedication/Offer of Dedication"
means the document, substantially in the form attached as Exhibit
"D," allowing for the transfer of ownership of the University
Property to the City in accordance with Government Code Section
7050.
"Letter of Intent" means the expression of interest
entered into by the City and Owners attached hereto as Attachment
"Processing Agreement" means the Project Staffing and
Processing Agreement, to be entered into by the City and Owners, in
which the timing and processing of the Entitlements will be set
forth therein.
"Project" means the development of the Property
consistent with the provisions of the Entitlements and in
compliance with the City's Growth Program and Ordinance.
"Property" means the real property described and shown
in Exhibit "A" to this Agreement.
"Term" shall mean the period of time from the Effective
3
Date until the termination of this Agreement as set forth in
Section 4.3.
"Third Party Litigation" means any claim, action or
proceeding filed and served against the City and/or Owners by
anyone not a party to or for the benefit of the parties to this
Agreement or their agents or successors in interest to challenge,
set aside, void or annul the approval of the Entitlements as
provided in this Agreement.
"University Property" means the real property described
and shown on Exhibit "B" to this Agreement.
A~TICLE 2
OFFER OF DEDICATION
2.1 Offer of Dedication. Within five (5) days after Owners
execution of this Agreement, Owners shall submit to the City an
Irrevocable Offer of Dedication, in the form set forth in Exhibit
"D," for the University Property, to allow for the use of the
University Property by the City for higher education and related
compatible uses, active public recreation, open space or mitigation
and/or low density residential uses, subject to the limitations set
forth in paragraph 2.2 herein (the "Permitted Uses"). City
acknowledges that the Owners have not made any representations or
warranty that. the University Property may be used for the Permitted
Uses described herein.
2.2 Limitation of Permitted Use. City agrees to restrict
the University Property to only higher education and related uses
for the period of time set forth in the Otay Ranch GDP approved by
Resolution No. 17298. City further agrees that upon the expiration
of such period of time, if the City decides to sell or use the
University Property for non university related low density
residential purposes, the City shall first provide Owners with the
right to purchase such property, in accordance with the terms and
conditions set forth herein.
a. Offer to Purchase. In the event the City
decides that the University Property shall be used or sold for non
university related low density residential purposes, the City shall
first offer to sell the University Property to the Owners ("Offer
to Purchase"). The irrevocable O£fer to Purchase shall be in
writing and shall contain the terms and conditions upon which the
City is willing to sell the University Property, and shall include
at a minimum the following terms:
i) Price,(fair market value, as determined
by an appraisal of the City's choice);
ii) Payment terms;
iii) closing date, not to be less than
sixty (60) days from the date said
offer to sell is delivered to Owners;
iv) any conditions concerning the
compliance of the University Property with
legal requirements, e.g., zoning,
Subdivision map Act requirements, etc. if
any.
bo Purchase Aqreement. City and Owners agree to
negotiate in good faith, the terms of the Offer to Purchase,
provided however, if City and Owners can not agree on the terms of
said purchase, within thirty (30) days after receipt of the Offer
to Purchase by Owners (as given and calculated pursuant to
paragraph 5.16 (Notice) herein), Owners' right to purchase the
University Property shall be terminated and the City shall have a
right to sell the University Property, at the same or higher price
than that set forth in the Offer to Purchase, or the City may elect
to use the University Property for low density residential
purposes. Thereafter, if the City decides to change the price of
the University Property to be less than that set forth in the Offer
to Purchase, City shall provide Owners with a new right to purchase
before offering the University Property to any other prospective
purchasers ("Renewed Right to Purchase"). The Renewed Right to
Purchase .shall be governed by the terms of this Agreement.
c. Execution of Offer. If the parties agree to the
final terms for the purchase of the University Property, Owners
agree to execute the purchase agreement, in substantially the form
attached hereto as Exhibit "E," within forty five (45) days after
receipt of the Offer to Purchase by Owners.
2.3 University ProDertV Free of Encumbrances. Owners agree
that it will provide the University Property to the City free and
clear of all liens and encumbrances other than: (i) any easements
and rights-of-way determined upon final approval of the
Entitlements required for the development of Project which do not
materially interfere with the intended use of the University
Property for Permitted Uses; (ii) prorated non-delinquent real
estate taxes; and (iii) those public easements of record set forth
as exceptions 3, 4 and 11 on the preliminary title report attached
hereto as Exhibit "F" ("Preliminary Title Report") In addition,
the University Property lies within Community Facilities District
1 established for the Sweetwater Union High School District and
Chula Vista School District, as more fully described as exception
9 of the Preliminary Title Report. Owners agree to diligently
process a Notice of Lien Cancellation with both school districts to
remove the University Property from said assessment district. The
City agrees to cooperate with the Owners in processing said Notice
of Lien Cancellation, provided however, the City is not required to
incur any costs associated with the Notice of Lien Cancellation.
5
If one of the following does not occur prior to the close of the
public comment period for the draft Final Environmental Impact
Report ("EIR") prepared for consideration of the Entitlements; the
Notice of Lien Cancellation is not recorded, the Owners have not
paid off the assessment obligation on the University Property or
the Owners have not posted security to pay off the assessment
obligation in a form acceptable to the City and the School
districts, City shall stop processing the Entitlements and this
Agreement and the Processing Agreement shall be terminated and the
Entitlement applications shall be considered withdrawn. The City
shall return the Irrevocable Offer of Dedication to the Owners and
take whatever actions necessary to remove said document from the
University Property's chain of title within thirty days of the
termination by City. Owners agree to pay any outstanding
processing fees due the City in accordance with the terms of the
Processing Agreement.
2.4 Hazardous Waste ReDort. Owners shall provide the City
within thirty (30) days of City's request, with a Phase One
Hazardous Waste Report on the University Property by a professional
firm of the City's choice. Owners shall be responsible for the
cost of said report. Owners understand that the City's acceptance
of the Offer of Dedication is conditioned upon the City's approval
of said report and that the City has entered into this Agreement
contingent on the University Property being free and clear of any
environmental condition which would be a violation of any
applicable federal, state or local law, ordinance or regulation
relating to Hazardous Materials. Owners further understand and
agree that Owners, in addition to any obligations as the property
owners, are fully responsible for the administration and oversight
of the environmental condition of the University Property until the
Offer of dedication has been accepted by the City. If after City's
review of the updated Phase One Hazardous Waste Report, the City
determines the environmental cond'ition of the University Property
is not acceptable to the City, Owners may cure said condition
within thirty (30) days of City's written notice to Owners that
said property is not acceptable. If Owners decide not to cure the
condition of the University Property, this Agreement and the
Processing Agreement shall be terminated and the applications for
the Project shall be considered withdrawn.
ARTICLE 3
ACCEPTANCE OF DEDICATION
3.1 Entitlements Processinq. Owners have filed with City
all applications and entered into the Processing Agreement for the
review, processing, and consideration of the Entitlements by the
City. City will diligently process, in accordance with the
schedule set forth in the Processing Agreement, the Entitlements
for final consideration by the City Council. Notwithstanding the
foregoing, the City's acceptance of the Offer of Dedication is not
6
contingent on the time frames associated with the processing of the
Entitlements as set forth in the Processing Agreement, except that
final approval of the Entitlements must be received by the Owners
within the time frame set forth in Section 3.4 herein. In
addition, Owner understands and agrees that the processing and/or
approval of final maps, grading permits and other ministerial
permits are not subject to this Agreement and the acceptance of the
Offer of Dedication to the City shall not be contingent on Owner
receiving such ministerial approvals. However City recognizes
Owners intend to concurrently process such ministerial approvals.
In addition, the City acknowledges and agrees to the location,
as depicted in Exhibit "C," of the proposed park site in the
"Vistas" (a portion of which is designated as open space in the
adopted GDP). Notwithstanding the foregoing, the size of said park
site will be determined through the processing of Entitlements and
in accordance with paragraph 6.1.1o5 of the Development Agreement.
The City further agrees that the Owners shall have a fair
share of remaining sewer capacity at the time the Project is
developed. ("Fair share" means sewer capacity consistent with
developers financial contribution to the cost of such sewer
facility or on other criteria as decided by the City, in accordance
with its police powers). This provision shall be included the
amendment to the Development Agreement to be processed as a part of
the Entitlementso
3.2 EastLake Proposed Chanqes. The City acknowledges that
EastLake intends to propose a scale of development which exceeds
those of the Entitlements (the approval of which is not a
condition to the acceptance of the Offer of Dedication, as
described in paragraph 3.4 below) which would provide for a total
of 1892 dwelling units (an additional 160 units from that depicted
conceptually on Exhibit "C") within the Project known as EastLake
III. City agrees to consider said proposal on their merits in good
faith, in accordance with planning and environmental principles,
and to provide Owners with a public written analysis of the
Building and Planning Department's position with respect to such
proposal. Owners understand and agree that the approval or denial
by the City of entitlements for such additional units does not in
any way impact the Offer of Dedication by Owners or the City's
right to accept said Offer of Dedication, as set forth in paragraph
3.4 below.
3.3 Review Period. Owners shall have thirty (30) days after
the close of the public comment period for the Final EIR prepared
for consideration of the Entitlements, to review the draft Public
Facility Financing Plan ("PFFP") and draft conditions o£ approval
for the SPA. Owners shall have the right to review said documents
and decide whether to proceed with processing the Entitlements.
During the Owners' thirty day review period, City agrees to meet
with Owners in good faith to discuss the draft documents and
7
consider any changes Owners may request. Owners agree to notify
the City in writing, at the conclusion of said thirty day review
period, as to whether Owners wish to continue processing the
Entitlements. Owners may decide to stop processing the
Entitlements if Owners determine that the conditions of approval
for the SPA or the PFFP would render the Project economically
infeasible. If City is notified to stop processing the
Entitlemerits and a written analysis of the reasons thereof, this
Agreement and the Processing Agreement shall be terminated and the
applications shall be considered withdrawn. The City shall return
the Irrevocable Offer of Dedication to the Owners and take whatever
actions necessary to remove said document from the University
Property's chain of title within thirty days of the termination
notice by Owners. Owners agree to pay any outstanding processing
fees due the City in accordance with the terms of the Processing
Agreement.
3.4 ADDroyal of Entitlements. If the Entitlements are
approved by the City Council by August 31, 2001, as such time may
be extended as provided for in Section 5.9 (Force Majeure), Owners
agree that the City shall accept the Offer of Dedication to the
University Property within ten (10) days after the City has
accepted the Hazardous Waste report, provided, however, the City
has approved the condition of title for the University Property and
the conditions precedent (paragraph 3.4) for acceptance of the
Offer of Dedication have been satisfied.
3.5 Third Party Litiqation. In the event of the occurrence
of Third Party Litigation, the term of this Agreement shall be
extended for the period of the pendency of the Third Party
Litigation or until such time as either the City or Owners
(irrespective of who is named in the Third Party Litigation) decide
it is no longer in its best interest to defend against the Third
Party Litigation at which time written notice shall be provided
terminating this Agreement. If one of the parties decide to
terminate, the Entitlements received by Owners shall be considered
withdrawn by Owners and be null and void. The City shall return
the Irrevocable Offer of Dedication to the Owners and take whatever
actions necessary to remove said document from the University
Property's chain of title within thirty days of the termination
notice by Owners.
3.6 DeveloDment of the Pro~ect. Owners shall be allowed to
proceed with development of the Project in accordance with the
approved Entitlements; provided, however, the City has accepted the
Offer of Dedication, and the development complies with the terms of
said Development Agreement, the approved Entitlements and the City
Growth Management Program and Ordinance.
3.7 Discretion of CitV. Owners understand and agree that the
City reserves the right to exercise its discretion as to all
matters which the City is by law entitled or required to exercise
8
its discretion with respect to the Entitlements, including but not
limited to California Environmental Quality Act and other similar
laws. In addition the Entitlements shall be subject to and brought
to City Council for consideration in accordance with applicable
legal requirements, including laws related to notice, public
hearings and due process. In addition, nothing herein shall be
construed as to restrict the City's ability to exercise its
discretion as provided by the City's Growth Management Program and
Ordinance or to condition the Project in the manner City determines
appropriate in accordance with its general police powers.
ARTICLE 4
GENERAL PROVISIONS
4.1 Future TransDortation Models. The City and Owner agree
to negotiate in good faith a phasing schedule which would include
the Project's dwelling unit totals in all future transportation
models for approvals of projects located east of 1-805. Such
Phasing schedule shall be used in future transportation models for
approvals of projects east of 1-805, provided, however, Owners
understand and agree that said phasing schedule shall not be
included in the transportation models prepared pursuant to an
environmental analysis of the Project. This provision shall be
included the amendment to the Development Agreement to be processed
as a part of the Entitlements. If City and Owners can not agree
on a phasing schedule within ninety (90) days after execution of
this Agreement, the Owner may elect to terminate this Agreement and
the Processing Agreement. If so terminated, the City shall return
the Irrevocable Offer of Dedication to the Owners and take whatever
actions necessary to remove said document from the University
Property's chain of title within thirty days of the termination
notice by Owners. Owners agree to pay any outstanding processing
fees due the City in accordance with the terms of the Processing
Agreement.
4.2 University ProDertV Assessments. City agrees not to
impose on the University Property any special taxes, assessments,
fees, charges or other exactions prior to City acceptance of the
Irrevocable Offer of Dedication of the University Property. Owners
shall be responsible for paying any taxes, liens and assessments
currently being imposed on the University Property until the City
has accepted the Offer of Dedication.
4.3 Term. The term of this Agreement and the rights, duties
and obligations of the parties under this Agreement shall continue
for a period up to three (3) years from the Effective Date of this
Agreement and any additional time caused by Third Party Litigation
or by Force Majeure as herein defined.
9
ARTICLE 5
MISCELLANEOUS PROVISIONS
5.1 Entire Aqreement. This Agreement sets forth and contains
the entire understanding and agreement of the parties, and there
are no oral or written representations, understandings or ancillary
covenants, undertakings or agreements which are not contained or
expressly referred to as an Exhibit herein. No testimony or
evidence of any such representations, understandings or covenants
shall be admissible in any proceeding of any kind or nature to
interpret or determine the terms or conditions of this Agreement.
5.2 SeverabilitV. If any term, provision, covenant or
condition of this Agreement shall be determined invalid, void or
unenforceable, then this Agreement shall terminate in its entirety,
unless the parties otherwise agree in writing.
5.3 InterDretation and Governinq Law. This Agreement and any
dispute arising hereunder shall be governed and interpreted in
accordance with the laws of the State of California. This
Agreement shall be construed as a whole according to its fair
language and common meaning to achieve the objectives and purposes
of the parties hereto, and the rule of construction to the effect
the ambiguities are to be resolved against the drafting party shall
not be employed in interpreting this Agreement, all parties having
been represented by counsel in the negotiation and preparation
hereof.
5.4 Section Headinqs. All section heading and subheadings
are inserted for convenience only and shall not affect any
construction or interpretation of this Agreement.
5.5 Singular and Plural. As used herein, the singular of any
word incudes the plural.
5.6 Time of Essence. Time is of the essence in the
performance of the provisions of this Agreement as to which time is
an element.
5.7 Waiver. Failure of a party to insist upon the strict
performance of any of the provisions of this Agreement by the other
party, or the failure by a party to exercise its rights upon the
default of the other party, shall not constitute a waiver of such
party's right to insist and demand strict compliance by the other
party with the terms of this Agreement thereafter.
5.8 No Third Party Beneficiaries. This Agreement is made and
entered into for the sole protection and benefit for the parties
and their successors and assigns. No other person shall have any
right of action based upon any provisions of this Agreement.
5.9 Force Ma~eure. Neither party shall be deemed to be in
10
default where failure or delay in performance of any of its
obligations under this Agreement is caused by earthquakes, other
Acts of God, fires, wars, riots or similar hostilities, strikes and
other labor difficulties beyond the party's control (including the
party's employment force), government regulations, court actions
(such as restraining orders or injunctions), or other causes beyond
the party's control. If any such event shall occur or should
delays be caused by Owners failing to submit plans or other
documents in a timely manner that causes a delay in the City's
processing of the Entitlemerits, or requests further changes or
amendments to the Project or Entitlements, the term of this
Agreement and the time for performance shall be extended for the
duration of each such event, provided that the term of this
Agreement shall not be extended under any circumstances for more
than five (5) years.
5.10 Mutual Covenants. The covenants contained herein are
mutual covenants and also constitute conditions to the concurrent
or subsequent performance by the party benefitted thereby of the
covenants to be performed hereunder by such benefitted party.
5.11 Successors In Interest. This Agreement shall be binding
upon and inure to the benefit of the successors, assigns and
interests of the parties as to any or all of the Property until
released by the mutual consent of the parties. The burden of the
covenants contained in this Agreement ("Burden") benefit and burden
the Property, its successors and assigns and any successor in
interest thereto as well as benefit the City. City is deemed the
beneficiary of such covenants for and in its own right and for the
purposes of protecting the interest of the community and other
parties public or private, in whose favor and for whose benefit of
such covenants running with the land have been provided without
regard to whether City has.been, remained or are owners of any
particular land or interest therein.
5.12 CounterDarts. This Agreement may be executed by the
parties in counterparts, which counterparts shall be construed
together and have the same effect as if all the parties had
executed the same instrument.
5.13 Jurisdiction and Venue. Any action or law or in equity
arising under this Agreement or brought by an party hereto for the
purpose of enforcing, construing or determining the validity of any
provision of this Agreement shall be filed and tried in the
Superior Court of the County of San Diego, State of California, and
the parties hereto waive all provisions of law providing for the
filing, removal or change of venue to any other court.
5.14 Further Actions and Instruments. Each of the parties
shall cooperate with and provide reasonable assistance to the other
to the extent contemplated hereunder in the performance of all
obligations under this Agreement and the satisfaction of the
11
conditions of this Agreement. Upon the request of either party at
any time, the other party shall promptly execute, with
acknowledgment or affidavit if reasonably required, and file or
record such required instruments and writings and take any actions
as may be reasonably necessary under the terms of this Agreement to
carry out the intent and to fulfill the provisions of this
Agreement or to evidence or consummate the transactions
contemplated by this Agreement.
5.15 Amendments in Writinq/CooDeration. This Agreement may be
amended only by written consent of both parties specifically
approving the amendment. The parties shall cooperate in good faith
with respect to any amendment proposed in order to clarify the
intent and application of this Agreement, and shall treat any such
proposal on its own merits, and not as a basis for the introduction
of unrelated matters.
5.16 Notices. Any notice called for in this Agreement shall
be sent by hand delivery, overnight courier service, or by
registered or certified mail as follows:
To City at: City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Ann Moore
To Owners at: The EastLake Company, LLC
900 Lane Avenue, Suite 100
Chula Vista, CA 91914
Attn: William Ostrem
Western Salt Company
7588 Metropolitan Drive
San Diego, CA 92108
Attn: Allen Jones
or such other address as a party may inform the others of from time
to time. Any such notices sent by registered or certified mail,
return receipt requested, shall be deemed to have been duly given
and received seventy-two (72) hours after the same is so addressed
and mailed with postage prepaid. Notices delivered by overnight
service shall be deemed to have been given twenty-four (24) hours
after delivery the same, charges prepaid to the U.S. Postal Service
or private courier. Any notice or other document sent by any other
matter shall be effective only upon actual receipt thereof.
5.17 Authority to Execute. The person or persons executing
this Agreement on behalf of Owners warrants and represents that
he/they have the authority to execute this Agreement on behalf of
his/their corporation, partnership or business entity and warrants
and represents that he/they has/have the authority to bind Owners
12
to the performance of its obligations hereunder.
5.18 Exhibits and Attachments. All Exhibits refereed within
the Agreement are incorporated by reference to this Agreement. All
Attachments referenced herein are purely for informational purposes
and are not incorporated nor made a part of the Agreement.
(NEXT PAGE IS SIGNATURE PAGE)
13
SIGNATURE PAGE TO LAND OFFER AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement ton the day and year first set forth above.
CITY OF CHULA VISTA
Shirley Horton, Mayor
ATTEST:
Susan Bigelow
City Clerk
Approved as to form by
John M. Kaheny
City Attorney
14
FEB.-24' UO(THU) 14:02 EASTLAKE TEL:6194211850 P. 002
o2t~4/00 ~ 14:51 FAX 819 40t18~23 CV CIT'~' ATTORNEY
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~reement ~cn ~he day and: :y~r 'flight ~et~ forth above.
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SIGNATURE PAGE TO LAND OFFER AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement ton the day and year first set forth above.
WESTERN SALT COMPANY, a
California corporation
By
By
H~ \Home\Attorney\EastLakl ,O£f
16
LIST OF EXHIBITS
EXHIBIT "A" LEGAL DESCRIPTION AND MAP SHOWING THE
PROPERTY
EXHIBIT "B" LEGAL DESCRIPTION AND MAP SHOWING THE
UNIVERSITY PROPERTY
EXHIBIT "C" CONCEPTUAL DEPICTION OF PROJECT
EXHIBIT "D" IRREVOCABLE OFFER OF DEDICATION
EXHIBIT "E" PURCHASE AGREEMENT
EXHIBIT "F" PRELIMINARY TITLE REPORT
ATTACHMENT "1" LETTER OF INTENT
H t \Home\Attorney\Agree\EastLakl, off
17
EXHIBIT A
(ENGINEERING DESCRIPTION)
C - LAND SWAP
Those portions of Lot 11 of Otay Ranch according to Map thereof No. 862 filed in the
Office of the Recorder of San Diego County; the Northwest Quarter and the Southeast
Quarter and the Northeast Quarter of Section 3, T 18S, R1W SBM; and the
Southwest Quarter of Section 34, T 17S, R1W SBM all in the CitY of Chula Vista,
County of San Diego, State of Cali;fornia, said portions being more particularly
described as follows:
BEGINNING at the Northwest corner of said Northeast Quarter of Section 3; thence
along the North line of said- Northeast Quarter of Section 3 South 88a46'06" East
10.00 feet; thence leaving said Northerly line along a line 10.00 feet Easterly of and
parallel with the West line of said Northeast Quarter df Section 3, South 00a35'48"
West 470.44 feet to the beginning of a non-tangent 1970.00 foot radius curve
concave Southwesterly, to which a radial line bears North 49°31 '33" East said point
being on the Southwesterly line of Final Order of Condemnation No. 494337 (Parcel
200-A) recorded October 3, 1983, F!P No. 83-353519 O.R.; thence leaving said
parallel line, along a line along said Southwesterly line, Northwesterly along the arc)
of said curve through a central angle of 01 °24'34" a distance of 48.46 feet; thence
continuing along said Southwesterly line North 41 °53'01" West 1659.39 feet to the
Southeasterly Right-of-way of Otay Lakes Road as described in Final Order of
Condemnation No. 602528 recorded February 5, 1990, as F/P 90-064524 O.R. said
point being the beginning of a non-tangent 4933.00 foot radius curve concave
Southeasterly, to which a radial line bears North 31 ~19'49" West; thence along said
Southeasterly line Northeasterly along the arc of said curve through a central angle of
02°07'12" a distance of 182.53 feet; thence continuing along said Southeasterly line
North 60 °47'23" East 597.45 feet; thence. South 31 ~ 25'49" East 10.99 feet; thence
North 58034~11" East 187.80 feet to the beginning of a tangent 4933.00 foot radius
curve concave Southeasterly; thence Northeasterly along the arc of said curve through
a central angle of 04007'30" a distance of 355,15 feet to a point on the East line of
said Southwest Quarter of Section 34; thence along said East line South 00~16'14"
West 1447.66 feet to the POINT OF BEGINNING.
EXHIBIT A
(ENGINEERING DESCRIPTION)
C - LAND SWAP CON'T
Also:
BEGINNING at the Northwest corner of said Southeast Quarter of Section 3; thence
along the West line of said Southeast Quarter South 00035'48" West 10.00 feet to
the TRUE POINT OF BEGINNING; thence leaving said Westerly line, parallel with the
North line of said Southeast Quarter South 88°19'01" East 1826.96 feet to the
Southwesterly line of that 120.00 foot easement granted to SDG&E per document
recorded April 5, 1983, F/P 83-107938 O.R.; thence along said Southwesterly line
South 39°41 '27" East 256.30 feet; thence continuing along said Southwesterly line
South 41 °24'1 3" East 966.18 feet to the Westerly line of Rancho Janal according
to Map thereof No. 989 filed in the Office of the Recorder of San Diego County;
thence along said Westerly line, South 00~41'24" West 1423.95 feet to the
Southerly line of said Rancho Janal; thence along said Southerly line, North
71 ~56'55" East 1039.70 feet to the Southwesterly line of said SDG&E easement;
thence along said Southwesterly line, South 41 ~24'13" East 354.55 feet to the
beginning of a non-tangent 5000.00 foot radius curve concave Southerly, to which
a radial line bears North 17°55'29" West; thence leaving said Southwesterly line.
Westerly along the arc of said curve through a central angle of 00~58'32" a distance
of 85.13 feet; thence South 71 °05'59" West 227.19 feet to the beginning of a
tangent 2000.00 foot radius curve concave Northerly; thence Westerly along the arc
of said curve through a central angle of 35018'32" a distance of 1232.51 feet;
thence North 73~35'29" West 618.51 feet to the beginning of a tangent 1600.00
foot radius curve concave Northeasterly; thence Northwesterly along the arc of said
curve through a central angle of 38~34'39" a distance of 1077.29 feet; thence North
35=00'50" West 370.00 feet to the beginning of a tangent 1600.00 foot radius
curve concave Southwesterly; thence Northwesterly along the arc of said curve
through a central angle of 31 °25'13" a distance of 877.42 feet to the West line of
said Southeast Quarter of Section 3; thence along said West line North 00°35'48"
East 827.02 feet to the TRUE POINT OF BEGINNING excepting therefrom that portion
conveyed to the Otay Water District by Grand Deed recorded March 19, 1993 as File
No. 1993-O172610, Official Records.
EXHIBIT A
(ENGINEERING DESCRIPTION)
C - LAND SWAP CON'T
The bearings, distances, and areas shown in the above description were derived or
calculated using existing available record information and are not the result of a field
survey by Rick Engineering Company.
This description does not necessarily constitute, or describe a legal building site.
Interested parties should consult their Attorney or Title Company as to the status of
this parcel of land.
Chris D. Ciremele L,S. 5267'
EXHIBIT A
(ENGINEERING DESCRIPTION)
D-VISTAS SOUTH
Those portions of that portion of Rancho Janal in the City of Chula Vista, County of
San Diego, State of California deeded to. Western Salt Company per deed recorded
December 18, 1950 as Document No. 147375 in Book 3902, Page 47 O.R. filed in
the Office of the Recorder o,f said County, said portions being more particularly
described as follows:
Beginning at'the Southwesterly corner of Parcel I of Parcel Map No. 16318 filed in
the Office of the Recorder of said County: thence along the Southerly line of said
Parcel 1 North 89027'37" East 660.34 feet-to the Southeasterly corner of said Parcel
1, said point being the beginning of a non-tangent 550.00 foot radius curve concave
· Northeasterly, to which a radial line bears South 89027'37" West; thence along the
Easterly line of Parcel 1 of said deed to Western Salt Company, Southeasterly along
the arc of said curve through a central angle of 32058'53" a distance of 316.60 feet;
thence continuing along said Easterly line South 33°31 '16" East 487.69 feet to the
beginning of a tangent 950.00 foot radius curve concave Southwesterly; thence'
continuing along said Easterly line Southeasterly along the arc of said curve through
a central angle of 28040'26" a distance of 475.43 feet; thence continuing along said
Easterly line South 04050'50" East 2174.97 feet to the Southeasterly corner of said
deed; thence along the Southerly line of said deed North 89"03'01" West 231.01
feet to the Southwesterly line of said deed, said point also being Corner No. 2 of
Rancho Janal; thence along the Westerly line of said deed North 18050'38" West
3493.90 feet to the POINT OF BEGINNING.
Also:
BEGINNING at the most Westerly corner of said Parcel I of Parcel Map No. 16318;
thence along the Westerly line of Parcel I of said deed to Western Salt Company
North 18050'38" West 1653~39 feet; thence leaving said Westerly line North
71 °56'55" East 127.62 feet; thence North 06"53'58" West 700.00 feet; thence
North 52034'33" East 534.73 feet to the beginning of a non-tangent 750.00 foot
radius curve concave Northerly, to which a radial line bears South 52034'33" West;
thence Easterly along the arc 'of said curve through a central angle of 96030'35" a
distance of 1263.31 feet; thence South 34022'59" East 259.30 feet;' thence South
53°05'11" East 987.48 feet to a point on the Easterly line of Parcel 1 of said deed
to Western Salt, said point being the beginning of a non-tangent 260.00 foot .radius
EXHIBIT A
(ENGINEERING DESCRIPTION)
D - VISTAS SOUTH (CON'T)
curve concave Northeasterly, to which a radial line bears North 77o01'18" West;
thence along said Easterly line Southeasterly along the arc of said curve through a
central angle of 83002'00" a distance of 376.79 feet; thence continuing along said
Easterly line South 70 °03'18" East 422.17 feet to the beginni'ng of a tangent 350.00
foot radius curve concave Southwesterly; thence continuing along said Easterly line
Southeasterly along the arc of said curve through a central angle of 60014'53" a
distance of 368.03 feet; thence continuing along said Easterly line South 09048'25"
East 370.99 feet to the beginning of a tangent 400.00 foot radius curve concave
Northwesterly; thence continuing along said Easterly line Southwesterly along the arc
of said curve through a central angle of 68 ~27'55" a distance of 477.98 feet; thence
continuing along said Easterly line South 68039'30" West 117.99 feet to the
beginning of a tangent 300.00 foot radius curve concave Southeasterly; thence
continuing along said Easterly line Southwesterly along the arc of said curve through
a central angle of 80004'33" a distance of 419.28 feet to a point on the Northerly
line of said Parcel I of Parcel Map No. 16318; thence along said Northerly line North
49046'30" West 688.81 feet to the beginning of a tangent 900.00 foot radius curve,
concave Northeasterly; thence continuing along said Northerly line Northwesterly
along the arc of said curve through a central angle of 21 o 27'07" a distance of 336.97
feet; thence continuing along said Northerly line North 00°42'43" East 450,00 feet;
thence continuing along said Northerly line North 64~31'16" West 124.83 feet;
thence continuing along said Northerly line North 00°42'43" East 170.00 feet to the
beginning of a non-tangent 800.00 foot radius curve concave Northerly, to which a
radial line bears South 31 "10'57" East; thence continuing along said Northerly line
Westerly along the arc of said curve through a central angle of 47~52'21" a distance
of 668.43 feet; thence continuing along Said Northerly line South 30~13'22" West
505.61 feet; thence continuing along said Northerly line South 00~00'00" West
289.00 feet; thence continuing along said Northerly line South 25~34'28" West
465.62 feet; thence continuing along said Northerly line North 85~49'00" West
479.78 feet to the POINT OF BEGINNING.
The bearings, distances, and areas shown in the above description were derived or
calculated .using existing available record information and are not the result of a field
survey by Rick Engineering Company.
EXHIBIT A
(ENG NEER NG DESCRIPTION)
D -VISTAS SOUTH {CON'T)
This description does not necessarily constitute, or describe a legal building site.
Interested parties should consult their Attorney or Title Company as to the status of
this parcel of land.
Chris D. Ciremele L.S. 5267
EXHIBIT A
(ENGINEERING DESCRIPTION)
E - VISTAS NORTH
Those portions of that portion of Rancho Janal in the City of Chula Vista, County of
San Diego, State of California deeded to Western Salt Company per deed recorded
December 18, 1950 as Document No. 147375 in Book 3902, Page 47 O.R. filed in
the Office of the Recorder of said County, said portions being 'more particularly
described as follows:
Beginning at the Northeasterly cornerof Map 12545 filed in the Office of the Recorder
of said County, thence along the Easterly boundary line of said Map South ~.4°40'16"
West 67.00 feet; thence along the centerline of Otay Lakes Road as dedicated to the
City of Chula Vista per deed Rec. November 28, 1990, F/P 90-634654 O.R. and
shown on City of Chula Vista Drawing No. 90-607 South 45"19'44" East 227.81
.feet to the beginning of a tangent 2000.00 foot radius curve concave Northeasterly;
thence continuing along said centerline Southeasterly along the arc of said curve
through a central angle of 32" 18'16" a distance of 1127.64 feet; thence continuing
,along said centerline South 77"38'00" . East 306.62 feet to the beginning of a non-
tangent 1000.00 foot radius curve concave Southwesterly, to which a radial line
bears North 11 °09'49" East; thence continuing along said centerline Southeasterly
along the arc of said curve through a central angle of 02"00'41" a distance of 35.11
feet; thence along the boundary of Parcel 1 of said deed to Western Salt Company
South 76049'30" East 701.60 feet to the TRUE POINT OF BEGINNING; thence
continuing along the boundary of Farcel 1 of said deed to Western Salt Company
South 76"49'30~ East 927.78 feet to the beginning of a tangent 5000.00 foot radius
curve concave Northeasterly; thence continuing along said boundary Southeasterly
along the arc of said curve through a central angle of 01 °49'57" a distance of 159.92
feet; thence continuing along said boundary South 78"39'27" East 908.09 feet;
thence continuing along said boundary South 11 °20'33" West 50.00 feet to the
beginning of a non-tangent 950.00 foot radius curve concave Southwesterly, to
which a radial line bears North 11 °20'33" East; thence continuing along said
boundary Southeasterly along the arc of said curve through a central angle of
32°24'31" a distance of 537.36 feet; thence continuing along said bound-'iry South
46014'56" East 712.45 feet to the beginning of a tangent 350.00 foot radius curve
c~ncave Westerly; thence continuing along said boundary Southerly along the arc of
said curve through a central angle of 74"54'04" a distance of 457.64 feet; thence
continuing along said boundary South 28"39'08" West 3~.~. .87 feet to the beginning
of a tangent 300.00 foot radius curve concave Southeasterly; thence continuing along
said boundary Southwesterly along the arc of said curve through a central angle of
EXHIBIT A
(ENGINEERING DESCRIPTION)
E- VISTAS NORTH (CON'T)
04e42'07" a distance of 24.62 feet; thence continuing along said boundary South
63059'08" West 121.43 feet; thence continuing along. said boundary South
13029'08" West 90.00 feet; thence continuing along said boundary South
26013'30" East 116.13 feet; thence continuing along' said boundary South
59035'52" East 148.00 feet; thence-continuing along said boundary South
56037'57" East 158.48 feet; thence continuing along said boundary South
71 =56'52" East 107.61 feet to the beginning of a tangent 250.00 foot radius curve
concave Southwesterly; thence Southeasterly along the arc of said curve through a
central angle of 68 °52'05" a distance of 300.49 feet; thence continuing along said
boundary South 03004'47" East 821.68 feet to the beginning of a tangent 250.00
foot radius curve concave Northwesterly; 'thence continuing along said boundary
Southwesterly along the arc of said curve through a central angle of 76~03'29" a
· distance of 331.87 feet; thence continuing along said boundary South 72e58'42"
West '391.55 feet to the beginning of a tangent 260.00 foot radius curve concave
Southeasterly; thence continuing along said boundary Southwesterly along the arc of
said curve through a central angle .of 60000'00" a distance of 272.27 feet; thence
leaving said boundary North 53°05'11" West 987.48 feet; thence North 34°22'59"
West 259.30 feet to the beginning of a non-tangent 750.00 foot radius curve
concave Northerly, to which a radial line bears South 43~56'02" East; thence
Westerly along the arc of said curve through a central angle of 96°30'35" a distance
of 1263.31 feet; thence South 52e34'33" West 534.73 feet; thence North
06053'58" West 1580.00 feet; thence North 71 °5'2'57" West 165.53 feet; thence
North 01 °53'40" West 1083.99 feet; thence North 20036'38" East 778.67 feet to
the TRUE POINT OF BEGINNING.
The bearingS, distances, and areas shown in the above description were derived or
calculated using existing available record information and are not the result of a field
survey by Rick Engineering Company.
This description does not necessarily constitute, or describe a legal building site.
Interested parties should consult their Attorney or Title Company as to the status of
this parcel of land.
Chris D. Ciremele L.S. 5267
EXHIBIT A
(ENGINEERING DESCRIPTION)
F - WOODS
Those portions of the Southwest Quarter of Section 25, T 17S, R1W SBM and that
portion of Rancho Janal in the City of Chula ViSta, County of San Diego, State of
California deeded to Western Salt Company per deed recorded December 18, 1950
as Document No. 147375 in Book 3902, Page 47 O.R. filed in the Office of the
Recorder of said County, said portions being mo~e particularly described as follows:
BEGINNING at the Northeasterly corner of Chula Vista Tract No. 88-3 EASTLAKE
GREENS PHASE I B/C according to Map thereof No. 12545 filed in the Office of the
Recorder of said County; thence along the Northerly Right-of-way of Otay Lakes Road
as shown on said Map North 48°19"!?." West 790.83 feet to the beginning of a
tangent 2067.00 foot radius curve concave Southwesterly; thence continuing along
said Northerly Right-of-way line Northwesterly along the arc of said curve through a
· central angle of 15 o 11 '28" a distance of 548.03 feet; thence leaving said Northerly
Right:of-way line North 30° 18'41" East 625.04 feet to the beginning of a tangent
370.00 foot radius curve concave Westerly; thence Northerly along the arc of said
curve through a central angle of 54°36'52" a distance of 352.68 feet; thence North
24° 18' 11" West 731.70 feet to the beginning of a tangent 830,00 foot radius curve
concave Easterly; thence Northerly along-the arc of said curve through a central angle
of 29 ~28'45" a distance of 427.04 feet; thence North 05 ~10'34" East 332.75 feet;
thence North 65 ~53'38" East 277.31 'feet to the North line of said portion of Rancho
Janal deeded to Western Salt Company; thence along said North line South
88027'55" East 2303.05 feet to the Southwest corner of Parcel 2 of said deed to
Western Salt Company; thence along the West line of said Parcel 2, North 01 ~01 '59"
East 1947.28 feet; thence along the Nc~rtheasterly line of said Parcel 2, South
59°42'31" East 868.00 feet; thence continuing along said NOrtheasterly line of said
Parcel 2, South 55054'31" East 198.00 feet; thence continuing along said
Northeasterly line of said Parcel 2, South 64~49'4~" East 233.91 feet; thence
continuing along said Northeasterly line of said Parcel 2 South 41 °28'05" East
1817.65 feet; thence alongthe South line of said Parcel 2 North 88~27'55" West
6.28 feet to the Northeast corner of Parcel I of said deed to Western Salt Company;
thence along the Easterly line of said Parcel 1 South 05~34'30" West 167,82 feet;
thence continuing along said Easterly line South 87 ~45'13" West 604.60 feet; thence
Continuing.. along said Easterly line South 84°15'13" West 311.00 feet; thence
continuing along said Easterly line South 74"~'!.'47" East 394.40 feet; thence
continuing along said Easterly line South 51~14'47" East 174.11 feet; thence
continuing along said Easterly line South 17"45'13" West 240.60 feet; thence
continuing along said Easterly line North 72~ 15'13". East 239.70 feet~ thence
EXHIBIT A
(ENGINEERING DESCRIPTION)
F - WOODS - (CON'T)
continuing along said Easterly line South 81044'47'' East 457.00 feet; thence
continuing along said Easterly line South 50044'47" East 98.30 feet; thence
continuing along said Easterly line South 04044'47" East 98.70 feet; thence
continuing along said Easterly line South 43°15'13" West 197.00 feet; thence
continuing along said Easterly line South 54°15'13" West 306.00 feet; thence
continuing along said Easterly line South 59°15'13" West 308.40 feet; thence
continuing along said Easterly line South 44°15'13" West 235.70 feet; thence
continuing along said Easterly line South 87014'47" East 631.80 feet; thence
continuing along said Easterly line South 26044'47" East 108.50 feet; thence
continuing along said Easterly line South 20°15'13" West 101.20 feet; thence
continuing along said Easterly line South' 33°45'13" West 203.10 feet; thence
continuing along said Easterly line South 49°15'13" West 179.50 feet; thence
continuing along said Easterly line South 60°45'13" West 119.80 feet; thence
-continuing a. long said Easterly line North 72014'47" West 122.00 feet; thence
continuing along said Easterly line South 33°15'13" West 228.50 feet; thence
continuing along said Easterly line South 82°45'13" West 107.50 feet; thence,
continuing along said Easterly line North 69014'47" West 285.00 feet; thence
continuing along said Easterly line SOuth 02°15'13" West 314.00 feet; thence
continuing along said Easterly line South 53°15'13" West 653.80 feet; thence
continuing along said Easterly line'South 03044'47" EaSt 143.93 feet; thence
continuing along said Easterly line North 75013'38" West 48.78 feet; tl~ence
continuing along said Easterly line South 64030'22" West 111.23 feet; thence
continuing along said Easterly line South 41057'22" West 350.62 feet; thence
continuing along said Easterly line South 57042'22" West 200.50 feet; thence
continuing along said Easterly line South 55018'22" West 209.80 feet; thence
continuing along said .Easterly line South 48016'22" West 42.88 feet; thence
continuing along said Easterly line South 43°28'22" West 356.97 feet; thence
continuing along said Easterly line South 53045'22" West 266.70 feet; thence
continuing along said Easterly line South 32~20'38" East 51.54 feet to the centerline
of Otay Lakes Road as dedicated to the City of Chula Vista per deed Recorded
November 28, 1990, F/P 90-634654 and shown on City of Chula Vista Drawing No.
90-607; thence along said centerline North 77038'00" West 245.61 feet to the
beginning of a tangent 2000.00 foot radius curve concave Northeasterly; thence
continuing along said centerline Northwesterly along the arc of said curve through a
central angle of 32e 18'1.6" a distance of 1127.64 feet; thence continuing along said
centerline North 45019'44" West 227.81 feet to a point on the Easterly line of the
bounden/of said Map No. 12545; thence along said Easterly line North ~.~."40'16"
East 67.00 feet; to the POINT OF BEGINNING.
EXHIBIT A
(ENGINEERING DESCRIPTION)
F - WOODS - (CON'T)
The bearings, distances, and areas shown in the above description were derived or
calculated using existing available record information and are not the result of a field
survey by Rick Engineering Company.
This description does not necessarily constitute, or describe a legal' building site.
Interested parties should consult their Attorney or Title Company aS to the status of
this parcel of land.
Chris D. Ciremele L.S. 5267
02/24/00 10:17 ~'619 560 8157 SB&0 ~ EASTLAKE ~002/003
EXHIBIT "~" (~. of 2)
LEGAL DESCRIPTION
UNIVERSITY SITE
ALL THAT PORTION OF RANCHO JANAL, IN THE CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, LYING SOUTHERLY OF PARCEL 1,
ACCORDING TO PARCEL MAP NO. le318, AND LYING WESTERLY OF WUESTE
ROAD, 100.00 FEET WIDE, ACCORDING TO ROAD SURVEY NO. 831 FILED IN
THE OFFICE OF THE COUNTY SURVEYOR.
THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR8
ACT,
02/24/00 10:18 8619 560 8157 SB&O ~ EASTLAKE ~003/003
EXHIBIT "B" (2 of 2)
........ \P~. I ~ Pt~ /~18 t (
EXHIBIT "C" (1 Of
General Development Plan
.... ~;,:::':: ......Propose d
:l ';, ·
:.~ . ·
;~ ....:.. :,.
.'2'
EXHIBIT ""C'" (2 of 2)
Land Use Districts
"~--~,.~ '.~'-, L..~..
.,~ -:-.- |l-
'~
II. :',',"'~
,,-\\
RESIDENTIAL
FC
r'
VILLAGE CENTER & COMMERCIAL
_, .~__,_Freeway Commercial
Pmfes,sJoflal & Administrative
EASTLAKE II ~a%.,.
planned communitl/by The EastLake Co.
Open Space, Parks &
Other Urban Uses
U
U Woods
Woods
\
\
\
Vistas
U
Open Space
Public Park
Other Urban Uses OTC
U
t,
EXHIBIT C-1
EastLake Woods and Vistas
Land Use Comparison
Proposed Adjusted
GDP Existing
Land Uses in Acres Woods Vistas Total GDP
L Res. Lew 163.7 108,7 272.4 351,6
LM Res. Low-Med 61.6 87.5 149.1
M Res. Medium 18.5 18.5 32.0
MH Res. Med.-High 16.1 16.1 34.0
H Res. High 11.6 11.6
L (U) Low (Univ) 44.5
Sub-total Residential 225.3 242.4 467.7 462.1
CR Retail Comm. 14.7 14.7 7.3
VC Visitor Comm, 22.7 22.7 15.5
PA Prof. & Admin, 3.4
Sub-Total Non-Res, 37.4 37.4 26.2
OS Open Space 67.3 39.9 107.2 123.8
PQ Public Quasi-Public 35.0 8.2 43.2 30.0
P Parks & Rec. 5.0 12 17.0 25.9
Circulation 8.5 9.7 18.2 22.7
Sub-total OS, PQ, P & Circ. 115.8 69.8 185.6 202.4
Grand Total 341.1 349.6 690.7 690.7
Residential Units - Density Distribution
PH~II~'d T' ........ ~,'asfl ,Ik~
IJc t 01 i L'xistm.'.l PrQpo,~ed
_t,'loods V~st:i,; (;DP 'h~tal' rip. r,- .i ~l~i~l
L Res. Low ;,'.
LM Res. Low-Med 2 '.~ '.%;' ~T~"'., , 544
M Res. Medium '= ';,'
MH Res. Med.-High '~:'~ '~';~; r:.;; . 242,
H Res. High ~'.~::' 2.'~'I i "24U
L (U) Low (Univ) _ .: · :2'i ........ t?I
I IIIII I
Total ·. '
.... ~ ....
· Does not include 255 units in Woods West nor 750 units in the Land Swap.
Also, EastLake did not use 252 units relative to the approved GDPs for the Greens and Trails.
Exhibit c-2
FEB ~3 '00 0~:04PM ~CWF ~0 RECPT. P.E/?
EXHIBIT D
Recording Requested by and
Please Return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, California 9 1912
This Instrument Benefits City Only.
.No F.s..e Required.. ....... This Space for Recorder's Use Only
APN(s) C.V. File No.
IRREVOCABLE OFFER
OF DEDICATION OF FEE INTEREST
FOR, A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE
BASTLAKE COMPANY, LLC, a California limited liability company, and WBSTBRN SALT
COMPANY, a California corporation, represent that, as the owners of ~hc heroin-described real
property (in the case of multiple owners, collectively referred to as "Grantor"), Grantor hereby
makes an Irrevocable Offer of Dedication of fee interest to THE CITY OF CHULA VISTA, A
MUNICIPAL CORPORATION, the heroinafter described real property for the following public
purpose:
FOP, HIGHBR, BDUCATION AND R,BLATBD COMPATIBLB
USBS, ACTIVB PUBLIC R,BCREATION, OPBN SPACB OK
MITIGATION AND/OR, LOW-DBNSITY RBSIDBNTIAL USBS.
The real property referred to above is situated in the City of Chula Vista, County of San Diego,
State of California and is more particularly described on Bxhibit A attached hcrcto and
incorporated heroin by this reference.
This Offer of Dedication is made pursuant to Section 7050 of the Government Code of the State
of California and may be accepted at any time by the City Clerk of the City of Chula Vista.
This Offer of Dedication of fee interest shall bc irrevocable and shall bc binding on the Grantor.
its heirs, executors, administrators, successors and assigns.
SD\1~42741,2
7(3099-157S83 1
FE~ ~3 ~00 05:05P~ GC~F ~0 RECPT, P.3/?
EXHIBIT D
SIGNATURE PAGE
Sign~i this day of ,2000.
THE EASTLAKE COMPANY, LLC, a California
limited liabilit c panv
By:~s '~'~~
President ~
By: O~oo
Vice President
5D\1342741.2
70099-157583 2
FEB 23 '00 05:05PM GCNF 20 RECPT. P.5/?
EXHIBIT D
STATE OF CALIFORNIA } ss
COUNTY OF SAN DIEGO
On deZq, ~o ,2000, before me, J,Z~,~ C ., ~o p~l,' ,-
thc un [~rsi~d Notary Public, personally appeared ~~ ~..~ ~a~
~erson~ly ~own to me, or D pmvsd to ~ on the b~i~ of safiofaoto~ ~en~c to bc
the p~son(s) whosc n~c(s)~c subscrib~ to the wi~n insment, ~d a~mwl~ged to me
that ~thcy ~ecuted ~e samc in ~their an~ofizcd capaci~(ics), ~d ~at by
~/thc~ signature(s) on thc inst~cnt ~c p~rson(s), or the entity upon beh~f of which the
person(s) acted, executed the ins~nt.
WIXSS my hind ~d official sill.
STATE OF CALIFORNIA } ss
COUNTY O1~ SAN DIt~GO
On ,2000, before me,
the undersiJned Notary Public, personally appeared
['[ personally known to me, or ~ proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribexi to the within instrument, and acknowledged to me
that he/she/they executed the ssrne in his/her/their authorized capacity(its), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
($ E A L) Signature of Notary Public
02/24/00 10:50 FAX 6194000111 H G FENTON CO ~ 02
FEB ~ '~ 05:llPM GCI,F ~0 RECPT, P.4/?
EXHIBIT D
SIGNATURE PAGE
Signed this ~,'4 day of ~ ,2000.
WESTERN SALT COMPANY, a California
co~poration
By:
By:
Its:
This is to certify that the interest in real property offered herein to the City of Chula Vista, a
governmental agency, is hereby acknowledged by the undersigned, City Clerk, on behalf of the
Chula Vista City Council punuant to authority conferred by Resolution No. 15645 of the Chula
Vista City Council adopted on June 5, 1990, and the grantees consent to the recordafion thereof
by its duly authorized officer.
SUSAN BIGELOW
CITY CLERK
By: Date:
FEB E3 '00 05:05PM GCWF EO RECPT. P.6/?
EXHIBIT D
STATE OF CALIFORNIA } ss
COUNTY OF SAN DIEGO
On ,2000, before me,
the undersi~ned Notary Public, personally appeared
~ personally known to me, or [] proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(S E A L) Signature of Notary Public
STATE OF CALIFORNIA } ss
COUNTY OF SAN DIEGO
On ,2000, before me,
the undersigned Notary Public, personally appeared
[] personally known to me, or r'l proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me
that he/she/they executed the same in Iris/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(S E A L) Signature ofNotaD, Public
SD\13427411
70099-15'7583 5
FEB 23 ~00 05:OSPM GCWF ~0 RECPT. P.?/?
~XHIBIT V
LeZal Descrj,ptio~Of~e ~e~ Propony
[S~ At'tachCd]
(Contains: 45 acres, more or less.)
~;D~1342741.2
70099-15758:~ 6
02/24/00 10:17 9619 560 8157 SB&O ~4 EASTLAKE ~002/003
EXHIBIT D
LEGAL DESCRIPTION
UNIVERSITY' SITE
ALL THAT PORTION OF RANCHO JANAL, IN THE CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, LYING SOUTHERLY OF PARCEL 1,
ACCORDING TO PARCEL MAP NO..16318, AND LYING WESTERLY OF WUESTE
ROAD, 100.00 FEET WIDE, ACCORDING TO ROAD SURVEY NO. 831 FILED IN
THE OFFICE OF THE COUNTY SURVEYOR.
THIS PROPERTY DE8CRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE W1TH THE PROFE8810NAL LAND SURVEYOR8
ACT,
Mx"' '~' ' ~ ~/~z~o ( ,,....,
8B&C) IN(I Eamff, ale 11(. Woods & VIMas
Jo~ No. 5~,~2f.fo. February23, 2000 D.~422~LI~GAL~INIV, SITE
02/24/00 10:18 '~619 560 81~7 SB&0 ~,~ EASTLAKE ~003/003
EXHIBIT D _
~//
/ / / A\\
'///
/
EXHIBIT "E"
AGREEMENT OF PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
TO:
THIS AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRUCTIONS is made
and entered into this day of , by and
between (hereinafter
"SELLER"), and (hereinafter
"Buyer").
RECITALS
SELLER is the owner of certain real property located in the County
of San Diego, State of California, containing approximately 45
acres, as legally described on Exhibit "1" attached hereto
("Property").
AGREEMENT
NOW, THEREFORE, in consideration of the covenants and promises
contained herein, the parties agree as follows:
1. PURCHASE OF PROPERTY
SELLER agrees to sell the Property to Buyer and Buyer agrees
to purchase the Property, upon the terms and conditions herein
contained.
2 PURCHASE PRICE
The purchase price for the Property to be paid by Buyer SHALL
BE Dollars
($ ).
3 TERMS OF PAYMENT OF PURCHASE PRICE
The purchase price shall be paid as follows:
4 CONDITIONS PRECEDENT TO CLOSING
EXHIBIT "E"
5. ESCROW
This Agreement constitutes joint escrow instructions to __
("Escrow Holder") instructing it to consummate this sale upon
the terms and conditions set forth herein. Escrow Holder
shall be concerned with the provisions of this paragraph and
the paragraphs and subparagraphs below.
(a) Openinq. Escrow shall open within three (3) days after
execution of this Agreement by the parties.
(b) Deposit. Upon opening escrow, Buyer shall deposit:
(c) Effective Date. The effective date for all time
requirements under thisAgreement shall be the opening of
escrow.
(d) Closinq Date. This escrow shall close on or before
(e) Prorations. All ordinary real property taxes levied or
assessed against the Property shall be prorated between
Buyer and SELLER on the basis of the latest bills and
thirty (30) day month (360 day year) as of the close of
escrow.
(f) Payment of Costs. The expenses of escrow described
herein shall be paid in the following manner:
1. Seller shall pay the full cost of preparing,
executing and acknowledging any deeds or other
instruments required to convey title to the
Property to Buyer, any tax that may be imposed on
the conveyance of title to the Property to Buyer
under the Documentary Transfer Tax Act of
California, and one-half of the escrow fees.
2. Buyer shall pay the cost of recording the Grant
Deed or other instrument executed by SELLER
conveying title to the Property to Buyer and one-
half of the escrow fees.
(g) Possession. Possession of the Property shall be
delivered to Buyer on close of escrow.
2
EXHIBIT "E"
6. NOTICES
All notes under this Agreement shall be effective upon
personal deliver to SELLER, Buyer, or Escrow Holder, as the
case may be, or forth-eight (48) hours after deposit in the
United States mail, registered or certified mail, postage
fully prepaid, and addressed to the respective parties as
follows:
To SELLER:
To BUYER:
To Escrow Holder:
or to such other address as the parties may from time to time
designate in writing.
7. ACCESS
Buyer shall be entitled to reasonable access to the Property
at any time prior to the close of escrow for the purpose of
making such engineering, surveying, soils, geology and
environmental studies as Buyer may reasonably deem necessary,
all of which will be completed at no expense to SELLER. Buyer
agrees to indemnify and hold SELLER and the Property free and
harmless from any and all liens, costs, liabilities or
expenses incurred in connection with such engineering,
surveying, soils, geology and environmental studies.
8. ATTORNEYS' FEES
In any action between Buyer and SELLER seeking enforcement or
interpretation of any of the terms or provisions of this
Agreement, or in connection with any of the Property described
herein, the prevailing party in such action shall be awarded,
in addition to damages, injunctive or other relief, its
reasonable cost and expenses, not limited to taxable costs,
and reasonable attorneys' fees.
EXHIBIT "E"
9. ASSIGNMENT
Buyer shall have the right to assign this Agreement and the
rights and responsibilities under it with the consent of
SELLER, which consent shall not be unreasonably withheld.
10. TIME OF ESSENCE
Time is of the essence in this Agreement.
11. PERFORMANCE OF ACTS
The parties hereto agree to perform such acts and execute such
documents as may be required to carry out the terms and
purposes of this Agreement.
12. PROPERTY "AS IS"
Buyer is relying solely upon its own inspections,
investigations and analyses of the Property in entering
into this Agreement and is not relying in any way upon
any representations, statements, agreements, warranties,
studies, reports, descriptions, guidelines or other
information or material furnished by Seller or its
representatives, whether oral or written, express or
implies of any nature whatsoever regarding any such
matters. Buyer acknowledges that it has become familiar
with the Property and made such independent
investigations and analysis as Buyer deems necessary or
appropriate concerning Buyer's proposed use, sale and
development of the Property.
13. MISCELLANEOUS
This Agreement shall be construed in accordance with the laws
of the State of California. This Agreement may be executed in
counterparts. This Agreement shall be binding upon and shall
inure to the benefit of all the parties hereto, their
beneficiaries, successors and assigns.
Headings at the beginning of each numbered section of the
Agreement are solely for the convenience of the parties and
are not a part of this Agreement. This Agreement contains all
of the agreements of the parties hereto with respect to the
matters contained herein and no prior agreement or
understanding pertaining to any such matter shall be effective
for any purpose. No provision of this Agreement may be
amended or added to except by an agreement in writing signed
by the parties hereto or their respective successors in
interest.
(NEXT PAGE IS SIGNATURE PAGE)
4
EXHIBIT "E"
SIGNATURE PAGE TO
AGREEMENT OF PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
IN WITNESS WHEREOF, Buyer and SELLER have executed this Agreement
the day and year first above written.
"BUYER"
By
"SELLER"
By
Receipt of executed copy of this Agreement is hereby acknowledged
this day of
By
Escrow Holder
5
EXHIBIT "E"
EXHIBIT "1"
OF
EXHIBIT "B"
Leqal DescriDtion
H: \Home\Attorney\OfferPur. 1
Form No. 1068-1 (Rev. 10/17/92)
Exhibit A to preliminary Report
EXHiBiT "F"
~,5~ AMERIC
Preliminary
Report
First American Title Insurance Company
~~/~/ FIRST AMERICAN TITLE INSURANCE COMPANY
411 IVY STREET, SAN DIEGO, CALIFORNIA 92101
P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776
JANUARY 12, 2000
THE EASTLAKE COMPANY
900 LANE AVENUE # 100
CHULA VISTA, CA 92013
ATTENTION: GUY ASARO
YOUR REF. UNIVERSITY
OUR ORDER NO. 1235774-11
BUYER: EASTLAKE CO.
1N RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE,
TH/S COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS
OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND
AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS
WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN
OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FROM COVERAGE PURSUANT
TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR
POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY
ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT.
PLEASE READ THI~ EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS
AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE
EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS
WItICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND
SHOULD BE CAREFULLY CONSII)ERED.
IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN
REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS,
DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE
PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO
LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE
ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE
REQUESTED.
DATED AS OF DECEMBER 30, 1999 AT 7:30 A.M.
~'kx I,/o. 231-4641
PAGE 1
-~ 'J' ORDERNO. 1235774-11
THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
ALTA OWNERS
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
WESTERN SALT COMPANY, A CALIFORNIA CORPORATION
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO
COVERED BY THIS REPORT IS:
FEE
THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
(SEE ATTACHED LEGAL DESCRIPTION)
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE ,IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS
FOLLOWS:
1. SECOND ;INSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR
1999-2000, A LIEN NOT YET DELINQUENT.
2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED
PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA
REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE
CALIFORNIA REVENUE AND TAXATION CODE.
SUPPLEMENTAL TAXES:
THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL
SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN
DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW.
3. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRLFMENT
RECORDED FEBRUARY 5, 1936 IN BOOK 474, PAGE 116 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A
PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 2
';" ' .~ '~' ORDERNO. 1235774-11
4. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT
RECORDED JANUARY 7, 1960 AS FILE NO. 3474 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A
PORTION OF THE HEREIN DESCRIBED PROPERTY.
SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE PARTIES
HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS
OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH
ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE
ERECTED OVER SAID RIGHT OF WAY."
REFERENCE IS MADE TO SAID INSTRUMENT FOR FLIRTHER PARTICULARS.
5. AN UNRECORDED AGREEMENT REGARDING PURCHASE AND SALE OF REAL
PROPERTY AND DEVELOPMENT THEREOF AND SUPPLEMENTAL LETTER
THERETO, BOTH DATED JLrNE 20, 1979 BY AND BETWEEN WESTERN SALT
COMPANY, A CALIFORNIA CORPORATION, LOUIS H. AND EMILY F. HUNT,
HUSBAND AND WIFE, THE CADILLAC FAIRVIEW CORPORATION LIMiTED AND
CADILLAC FAIRVIEW HOMES WEST-CALIFORNIA, A CALIFORNIA GENERAL
PARTNERSHIP, REGARDING THE SALE AND PURCHASE OF THE PROPERTY HEREIN
DESCRIBED WITH OTHER PROPERTY, AS DISCLOSED BY MEMORANDUM OF
AGREEMENT, RECORDED JULY 2, 1979 AS FILE NO. 79-274842 OF' OFFICIAL
RECORDS-AND AS AMENDED AUGUST 19, 1979, OCTOBER 12, 1979, JANUARY 9, 1985
AND MARCH 19, 1985 AND AS ASSIGNED TO EASTLAKE DEVELOPMENT COMPANY,
A CALIFORNIA GENERAL PARTNERSHIP, BY ASSIGNMENT DATED MARCH 30, 1983,
COPIES OF ALL WHICH ARE IN POSSESSION OF THIS COMPANY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
A MEMORANDUM OF MASTER OPTION AGREEMENT DATED MARCH 24, 1995, UPON
THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: WESTERN SALT COMPANY, A CALIFORNIA
CORPORATION, EMILY HUNTE BLACK,
TRUSTEE OF THE EMILY HLrNTE BLACK
REVOCABLE TRUST NO. 1, HENRY F. HUNTE
AND LETITIA H. SWORTWOOD, CO-TRUSTEES
OF THE LOUIS H. HUNTE TESTAMENTARY
TRUST AND EASTLAKE DEVELOPMENT
COMPANY, A CALIFORNIA GENERAL
PARTNERSHIP.
RECORDED: APRIL 4, 1995 AS FILE NO. 1995-0140769 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
6. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 8723, WHICH SETS FORTH,
OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE
HEREIN DESCRIBED PROPERTY.
PAGE 3
~ x' '~' ORDER NO. 1235774-11
7. THE FACT THAT SAID LAND COULD BE SUBJECT TO INUNDATION, AS DISCLOSED
BY THE FACT THAT SAID LAND ABUTS A RESERVOIR.
8. AN EASEMENT FOR INGRESS AND EGRESS AND PUBLIC RECREATION PURPOSES
AND INCIDENTAL USES INCLUDING, BUT NOT LIMITED TO, PARKING, FISHING,
PICNICKING, GENERAL VIEWING, PUBLIC PROTECTION, POLICING AND EROSION
CONTROL.
9. THE HEREIN DESCRIBED PROPERTY LIES WITHIN THE COMMUNITY FACILITIES
DISTRICT 1, ASSESSMENT DISTRICT SHOWN ON DIAGRAM RECORDED NOVEMBER
12, 1986 AS FILE NO. 86-518222 AND 86-518224 AND RECORDED SEPTEMBER 20, 1994
AS FILE NO. 1994-0559277, ALL OF OFFICIAL RECORDS, AS EVIDENCED BY NOTICE
OF SPECIAL TAX AUTHORIZATION RECORDED NOVEMBER 12, 1986 AS FILE NOS.
86-518223 AND 86-518225, BOTH OF OFFICIAL RECORDS AND RE-RECORDED
FEBRUARY 26, 1987 AS FILE NO. 87-102271 OF OFFICIAL RECORDS AND RE-
RECORDED FEBRUARY 26, 1987 AS FILE NO. 87-102271 OF OFFICIAL RECORDS AND
CORRECT NOTICE OF SPECIAL TAX ASSESSMENT RECORDED MARCH 2, 1987 AS
FILE NO. 87-107561 OF OFFICIAL RECORDS.
A NOTICE OF SPECIAL TAX LIEN RECORDED MARCH 30, 1989 AS FILE NO. 89-162112
AND APRIL 24, 1989 AS FILE NO. 89-213038, BOTH OF OFFICIAL RECORDS.
10. A DEVELOPMENT AGREEMENT DATED (NOT SHOVCN), UPON THE TERMS,
COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: THE CITY OF CHULA VISTA AND EASTLAKE
DEVELOPMENT COMPANY.
RECORDED: APRIL 9, 1990 AS FILE NO. 90-189782 OF OFFICIAL RECORDS.
I 1. AN EASEMENT FOR WATER PIPELINE AND INCIDENTAL PURPOSES IN FAVOR OF
SAN DIEGO COUNTY WATER AUTHORITY, A PUBLIC BODY, CORPORATE AND
POLITIC, RECORDED DECEMBER I0, 1993 AS FILE NO. 1993-0832512 OF OFFICIAL
RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A
PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
I2. THE LAND DESCRIBED HEREIN APPEARS TO CONSTITUTE A "SUBDIVISION" OF
LAND WITHIN THE MEANING OF THE SUBDIVISION MAP ACT, (GOVERNMENT
CODE 66410, ET SEQ) OR LOCAL ORDINANCES. WE WILL REQUIRE THAT A
CERTIFICATE OF COMPLIANCE (GOVERNMENT CODE 66499.35) EXECUTED BY THE
CITY OF CHULA VISTA OR A FINAL SUBDIVISION MAP OR PARCEL MAP BE
RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER PRIOR TO
ISSUING ANY POLICY OF TITLE INSURANCE.
PAGE 4
ORDER NO. 1235774-11
1999-2000 TAX INFORMATION:
CODE AREA: 01247
PARCEL NO.: 643-040-06-00
1 ST INSTALLMENT: $1,875.66 PAID
2ND INSTALLMENT: $1,875.66 OPEN
LAND VALUE: $122,220.00
IMPROVEMENT S: $ - 0 -
EXEMPT: $-0-
PAGE 5
-~ - ~ :/.- " ORDER NO. 1235774-11
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF RANCHO JANAL, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PATENT AND MAP THEREOF
RECORDED IN BOOK 1, PAGE 89, ET SEQ OF PATENTS IN THE OFFICE OF THE RECORDER
OF SAID COUNTY LYING WITHIN THE FOLLOWING BOUNDARIES:
BEGINNING AT CORNER NO. 1 OF SAID RANCHO; THENCE SOUTH 19° EAST, 8151 FEET,
MORE OR LESS, TO CORNER NO. 2 OF SAID RANCHO; THENCE SOUTH 89022'30.. EAST,
ALONG THE SOUTH LINE OF SAID RANCHO 232.04 FEET; THENCE NORTH 50°09' WEST,
2174.91 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY
HAVING A RADIUS OF 950.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURE 474.76 FEET; THENCE TANGENT TO SAID CURVE NORTH 33047, WEST 488.16 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF
550 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 599 FEET; THENCE
TANGENT TO SAID CURVE NORTH 28037, EAST 620.13 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 300 FEET; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE 350.46 FEET; THENCE TANGENT TO SAID
CURVE NORTH 38°19, WEST 46.38 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE EASTERLY, HAVING A RADIUS OF 250 FEET, THENCE NORTHERLY AND
EASTERLY THE ARC OF SAID CURVE 618.57 FEET; THENCE TANGENT TO SAID CURVE
SOUTH 76033, EAST 117.67 FEET, TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 450 FEET; THENCE NORTHEASTERLY ALONG
THE ARC OF SAID CURVE 449.25 FEET; THENCE TANGENT TO SAID CURVE NORTH 46015,
EAST 200.01 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY
HAVING A RADIUS OF 350 FEET, THENCE NORTHERLY AND WESTERLY ALONG THE ARC
OF SAID CURVE 588.47 FEET; THENCE TANGENT TO SAID CURVE NORTH 50°05' WEST
521.27 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A
RADIUS OF 300 FEET; THENCE NORTHERLY AND EASTERLY ALONG THE ARC OF SAID
CURVE 567.76 FEET; THENCE TANGENT TO SAID CURVE NORTH 58°21' EAST 117.99 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF
400 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 478.22 FEET; THENCE
TANGENT TO SAID CURVE NORTH 10009, WEST 371.01 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 350 FEET; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE 367.94 FEET; THENCE TANGENT TO
SAID CURVE NORTH 70023, WEST 422.24 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE EASTERLY HAVING A RADIUS OF 260 FEET; THENCE WESTERLY, NORTHERLY
AND EASTERLY ALONG THE ARC OF SAID CURVE 649.07 FEET; THENCE TANGENT TO
SAID CURVE NORTH 72o39' EAST 391.80 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE NORTHWESTERLY HAVING A RADIUS OF 250 FEET; THENCE NORTHERLY
ALONG THE ARC OF SAID CURVE 331.61 FEET; THENCE TANGENT TO SAID CURVE NORTH
3°21, WEST 822.97 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 250 FEET; THENCE WESTERLY ALONG THE ARC
OF SAID CURVE 301.22 FEET; THENCE TANGENT TO SAID CURVE NORTH 72o23, WEST
PAGE 6
HAVING A RADIUS OF 300 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE
I60.38 FEET TO A PONT IN THE 155 FOOT CONTOUR LINE OF THE LOWER OTAY
RESERVOIR; THENCE ALONG SAID CONTOUR LINE NORTH 60°02, WEST 148 FEET; THENCE
NORTH 26°39'38" WEST 116.13 FEET; THENCE NORTH 13°03, EAST 90 FEET; THENCE NORTH
63°33' EAST 120 FEET TO A POINT ON THE ARC OF A CURVE CONCAVE EASTERLY
HAVING A RADIUS OF 300 FEET; THE CENTER OF WHICH BEARS SOUTH 66°37'09'' EAST
FROM SAID POINT; THENCE LEAVING SAID 155 FOOT CONTOUR LINE NORTHERLY
ALONG THE ARC OF SAID CURVE 25.32 FEET: THENCE TANGENT TO SAID CURVE NORTH
28<'13, EAST 345.06 FEET TO THE BEGgING OF A TANGENT CURVE CONCAVE WESTERLY
HAVING A RADIUS OF 350 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
457.33 FEET; THENCE TANGENT TO SAID CURVE NORTH 46°39, WEST 686.02 FEET TO THE
BEGgING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF
950 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 70.41 FEET TO A POINT IN
THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED AS PARCEL A IN DEED FROM
HENRY G. FENTON, ET UX TO THE CITY OF SAN DIEGO RECORDED NOVEMBER 18, 1939 IN
BOOK 958, PAGE 397 OF OFFICIAL RECORDS; THENCE CONTINUING ALONG THE ARC OF
SAID CURVE AND SAID SOUTHWESTERLY LINE 452.98 FEET, TO THE SOUTHWEST
CORNER OF SAID PARCEL A; THENCE NORTH 11°47, EAST 50 FEET TO A POINT IN THE
CENTER LINE OF ROAD SURVEY NO. 558 AS DESCRIBED IN DEED FROM HENRY G.
FENTON, ET UX TO COUNTY OF SAN DIEGO RECORDED DECEMBER 22, 1939 IN BOOK 975,
PAGE 303 OF OFFICIAL RECORDS; THENCE WESTERLY ALONG THE CENTER LINE OF SAiD
ROAD SURVEY NO. 558 TO ENGINEERS STATION 579 PLUS 02.82 BEING A POINT IN THE
SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED FROM HENRY G. FENTON, ET
UX TO UNION TRUST COMPANY OF SAN DIEGO RECORDED MARCH i2, 1928 IN BOOK 1456,
PAGE 76 OF DEEDS; THENCE NORTH 3741' WEST ALONG SAID SOUTHWESTERLY LINE TO
THE MOST WESTERLY CORNER OE LAND DESCRIBED IN SAID LAST MENTIONED DEED;
THENCE ALONG THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED
NORTH 53°25, EAST 266.70 FEET; THENCE NORTH 43°08' EAST 356.97 FEET; THENCE NORTH
47°56' EAST 42.88 FEET; THENCE NORTH 54°58' EAST 209.80 FEET; THENCE NORTH 57°22,
EAST 200.50 FEET; THENCE NORTH 41037, EAST 350.62 FEET; THENCE NORTH 64°10, EAST
I11.23 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE AND ON A DIRECT LINE
NORTHERLY TO A POINT IN THE 120 FOOT CONTOUR LINE OF THE UPPER OTAY
RESERVOIR AS DESCRIBED IN DEED TO THE CITY OF SAN DIEGO RECORDED JANUARY
3l, 1913 IN BOOK 598, PAGE 54 OF DEEDS, SAID POINT BEING THE SOUTHERLY
EXTREMITY OF THAT CERTAIN COURSE 1N SAID DEED HAVING A BEARING OF NORTH
3°49' WEST AND LENGTH OF 163.6 FEET; THENCE ALONG SAID 120 FOOT CONTOUR LINE
THE FOLLOWING COURSES AND DISTANCES, NORTH 3°49, WEST 163.6 FEET; THENCE
NORTH 53<'11' EAST 653.8 FEET; THENCE NORTH 2°11, EAST 314 FEET; THENCE SOUTH
69°19, EAST 285 FEET; THENCE NORTH 82041, EAST 107.50 FEET; THENCE NORTH 33°11,
EAST 228.5 FEET; THENCE SOUTH 72°19' EAST 122 FEET; THENCE NORTH 60°41' EAST 119.8
FEET; THENCE NORTH 49°1 I' EAST 179.5 FEET; THENCE NORTH 33°41, EAST 203.i FEET;
THENCE NORTH 20°I 1' EAST 101.2 FEET; THENCE NORTH 26°49' WEST 108.5 FEET; THENCE
NORTH 87°19, WEST 631.8 FEET; THENCE NORTH 44°11' EAST 235.7 FEET; THENCE NORTH
59<'1I' EAST 308.4 FEET: THENCE NORTH 54011, EAST 306 FEET; THENCE NORTH 43°11,
EAST 197 FEET; THENCE NORTH 4°49' WEST 98.7 FEET; THENCE NORTH 50°49, WEST 98.3
FEET; THENCE NORTH 81°49' WEST 457 FEET; THENCE SOUTH 72°11' WEST 239.7 FEET;
THENCE NORTH 17°4l' EAST 240.6 FEET; THENCE NORTH 51°19' WEST 174.1 FEET; THENCE
NORTH 74°49' WEST 394.4 FEET; THENCE NORTH 84°11' EAST 311 FEET; THENCE NORTH
87°41' EAST 604.6 FEET; THENCE NORTH 7028, EAST 176 FEET TO A POINT IN THE NORTH
PAGE 7
ORDER NO. 1235774-11
LINE OF SAID RANCHO WHICH POINT IS SOUTH 88049' EAST 2358.5 FEET FROM THE
CORNER COMMON TO SECTIONS 25, 26, 35 AND 36, TOWNSHIP 17 SOUTH, RANGE 1 WEST,
SAN BERNARDINO MERIDIAN, THENCE WEST ALONG THE NORTH LINE OF SAID RANCHO
TO CORNER 5 OF SAID RANCHO; THENCE SOUTH ALONG THE WEST LINE OF SAID
RANCHO 10164 FEET, MORE OR LESS TO CORNER NO. 6 OF SAID RANCHO; THENCE
NORTH 71° EAST 6270 FEET; MORE OR LESS, TO CORNER NO. 1 OF SAID RANCHO AND THE
POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE SOUTHERLY LINE
OF PARCEL I OF PARCEL MAP NO. 16318, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED 1N THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, DECEMBER 6, 1990 AS FILE NO. 90-0652175 OF OFFICIAL RECORDS.
PW/jlc
01/12/2000
JANUARy 12,2000 II:24AM JL
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ATTACHMENT A-I
EastLake Woods and Vistas
Land Use Comparison
Land Uses in Acres
L Res. Low
LM Res. Low-Med
M Res. Medium
MH Res. Med.-High
H Res. High
L (U) Low (Univ)
Sub-total Residential
CR Retail Camm.
VC Visitor Comm.
PA Prof. & Admin.
Sub-Total Non-Res.
OS Open Space
PQ Public Quasi-public
P Parks & Rec.
Circulation
Sub-total OS, PQ,P & Cire.
Grand Total
Residential Units - Density Distribution
L
LM
M
MH
H
L(U)
Res. Low
Res. Low-Med
Res. Medium
Res. Med.-High
Res. High
Low (Univ)
Total
Proposed Adjusted
GDP Existing
Woods Vistas Total GDP
163.7 108.7 272.4 351.6
61.6 87.5 149.1 -
18.5 18.5 32.0
16.1 16.1 34.0
11.6 11.6 -
- - 44.5
225.3 242.4 467.7 462.1
14.7 14.7 7.3
22.7 22.7 15.5
- 3.4
- 37.4 37.4 26.2
67.3 39.9 107.2 123.8
35.0 8.2 43.2 30.0
5.0 12 17.0 25.9
8.5 9.7 18.2 22.7
115.8 69.8 185.6 202.4
341.1 349.6 690.7 690.7
Woods
253
214
Proposed
UCLOI
GDP Total
567
606
112
198
249
o
1732
Vistas
314
392
112
198
249
Existing
GDp.
746
467
1265
.Does not include 255 units in Woods West nor 750 units in the Land Swap.
Also, EastLake did not use 252 units relative to the approved GDPs for the Greens and Trails.
ATTACHMENT A-1
LETTER OF INTENT
This Letter of Intent is meant to be an expression of
interest by The EastLake Company, LLC., a limited liability
Company, Western Salt Company, a California corporation,
(collectively "Developer") and the City of Chula Vista ("City") to
enter into an offer agreement {the "Offer Agreement") acceptable to
the parties.
Although this Letter of Intent is not meant by the
parties to be a legally binding agreement, or an amendment to any
existing agreement, it does contain some of the essential
principles that would form the basis of the Offer Agreement.
1. Initial Actions by the Parties.
a. Upon execution of this Letter of Intent by the City
and Developer, City agrees to commence and to thereafter diligently
and expeditiously process for City Council approval, an amendment
to the EastLake III Development Agreement, approved by Ordinance
No. 2356 ("Development Agreement"), to extend the term of the
Development Agreement for a period of ten (10) years provided,
however, the City is not required to extend the Development
Agreement unless the parties also mutually agree on updates to the
Development Agreement to reflect current policies ordinances and
procedures. Such update of the Development Agreement shall be
mutually agreeable to both parties. City understands that
Developer intends to incorporate the Land Swap parcel, as described
on Exhibit "1," into said amendment to the Development Agreement at
the time this amendment is processed. The Land Swap Parcel will be
incorporated within the Development Agreement with the land uses
and residential units reflected in the SPA Plan approved by the
City Council by Resolution 19275 provided, however, Developer
understands that further amendments may be required to accommodate
the Land Swap Parcel.
b. In exchange for processing the above described
amendment to the Development Agreement, Developer agrees that upon
execution of this Letter of Intent, City may offer the real
property shown on Exhibit "A" to the University of California, or
may offer or use the real property for such other purpose as
desired by City, as addressed in paragraph 4 below, subject to the
City attaining ownership of said property in accordance with the
Offer Agreement.
2. Execution of Offer Agreement.
a. Upon City's and Developer's execution of the Offer
Agreement, City will diligently and expeditiously process for City
Council consideration the following items (hereinafter referred to
collectively as "Entitlemerits"); amendments to the City's General
Plan and the EastLake III General Development Plan ("GDP"), a
1
ATTACHMENT A-1
Sectional Planning Area Plan, and a tentative map, in order to
provide for a minimum of 1732 units plus the Land Swap units and
the "Woods West" units as further depicted conceptually on Exhibit
"B." The parties anticipate that the details of processing such
Entitlements, including a proposed schedule and Exhibit "B" will
be further defined and agreed to by the parties in the Offer
Agreement. The City recognizes that EastLake intends to propose
amendments to the Entitlements (the approval of which is not a
condition to the Offer of Dedication described in paragraph 4
below) which would provide for 1892 dwelling units in EastLake III
(160 additional units). City agrees to consider such proposed
amendments on their merits in good faith. EastLake understands and
agrees that the approval or denial by the City of entitlements for
such additional units does not in any way impact the Offer of
Dedication by EastLake as set forth in paragraph 4 below.
b. In addition to the amendment to the Development
Agreement referred to in paragraph 1 above, upon City's and
Developer's execution of the Offer Agreement, the City shall
diligently and expeditiously process for City Council consideration
an amendment to the Development Agreement to include the following:
i. Developer shall be provided with a fair share of
remaining sewer capacity at the time the project is developed.
ii. Developer's remaining park obligations shall be
limited to 17 acres (10 in the Vistas and 7 in the Woods or some
combination thereof as approved by the City not to exceed 7 acres
in the Woods and a total of 17 acres.) This obligation may be
increased if the number~of dwelling units increases from that
allowed in the current GDP.
iii. The Development Agreement shall be amended to
include the Entitlements if approved by the City Council.
c. The Offer Agreement shall provide that once Olympic
Parkway Phases I, II, and III have been financially guaranteed,
City agrees to include the Eastlake III dwelling unit totals (per
a phasing schedule to be agreed to by the parties within the next
90 days) in all future transportation models for approvals of
projects located East of 1-805. Such Phasing schedule shall be
used in future transportation models and shall be a basis for
future actions on discretionary project approvals for projects east
of 1-805.
3. Best Efforts. City and Developer shall both use their
best efforts to process both the Development Agreement Amendment
described in paragraph l(a) above and the terms of the Offer
Agreement in a good faith effort to present both to the City
Council for its consideration within 90 days of the execution of
this Letter of Intent.
2
ATTACHMENT A-1
4. Offer of Dedication. Upon approval of the Entitlements
and the amendments to the Development Agreement described in
paragraph 2 above, Developer shall provide or cause to be provided
to the City fee title to the real property shown on Exhibit "A,"
consisting of approximately 45 acres, for higher education, active
public recreation and/or low density residential uses. City agrees
to restrict the Property to only higher education use for the
period of time set forth in the Otay Ranch GDP approved by
Resolution No. 17298. City further agrees that prior to the City
using said real property for low density residential uses that
Developer shall be provided with the right and option to purchase,
as further defined in the Offer Agreement. Developer shall provide
or cause to be provided said real property to the City free and
clear of all encumbrances and interests other than those
encumbrances approved by the City, as shown on the Preliminary
Title Report to be attached to the Offer Agreement.
5. City Reservation of Discretion and Compliance with
Applicable Law. It is understood that.the City reserves the right
to exercise its discretion as to all matters which the City is by
law entitled or required to exercise its discretion with respect to
the Entitlements, including but not limited to, CEQA compliance and
other similar laws. In addition, any amendments and approvals
processed for City Council approval will be subject to, and brought
to City Council for consideration in accordance with applicable
legal requirements. Developer understands and agrees that nothing
herein shall be construed as to restrict the City's ability to
exercise its discretion as provided by the City Growth M~nagement
Program and 'Ordinance (City of Chula Vista Municipal Code Section
19.09., et seq.) ~
The parties are in agreement with the foregoing as indicated
by their signatures below. The parties agree that any
modifications from the principles expressed herein will be in
writing and signed by the parties. The signatory below for the
City and for the entity referred to as Developer in this Letter of
Intent represents having the authority to act on behalf of such
party and entity. Developer understands that the Offer Agreement,
and the amendment to the Development Agreement requires the
approval of the City Council.
6. Counterparts. This Agreement may be executed in any
number of counterparts (each of which shall be original) and by
facsimile (which along with the originally executed Agreement)
shall constitute one and the same document.
(NEXT PAGE IS SIGNATURE PAGE)
ATTACHMENT A-1
SIGNATURE PAGE TO
LETTER OF INTENT
IN WITNESS WHEREOF, the parties hereto have caused this Letter
of Intent to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA THE EASTLAKE COMPANY, LLC,
a California Limited Liability
Company
David D. Rowlands, Jr.
City Manager By:
President
Susan Bigelow Guy A~ro~j~ ~q easy'
City Clerk Vice President
Approved as to form by WESTERN S~JuT COMPANY,
a California corporation
John M. Kaheny ~ By:
City Attorney Henry F. Hunte
President, CEO
By:
Elizabeth E. Bruton
Secretary
~: \Home\Attorney\EastLke2 cln
ATTACHMENT A-1
SIGNATURE PAGE TO
LETTER OF INTENT
IN WITNESS WHEREOF, the parties hereto have caused this Letter
of Intent to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA TEE EASTLAKE COMPANY, LLC,
a California Limited Liability
Company
David D. Row~
City Manager By:
William T. Ostrem
President
Susan Bigelow Guy Asaro
City Clerk Vice President
Approved as to form by WESTERNsSALT COMPANY,
a California corporation
John M. Kaheny : By:~\~ i~
City Attorney Henry~F. Hunte
President, CEO
Elizabeth E. Bruton
Secretary
E: \Home\Attorney\EastLke2 . cln
ATTACHMENT A-]
R.17
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R.13
p.!
S.2
R.8
PQ,2
I PQ- 1 R.6
, R-20
' FC- -- P-3
R-16
RdO
-'EASTLAKE
GREEN5
A R(:n"~ed Cuf,,,ulih' In
Ihe City o4' L"t'da Vl~a
ATTACHMENT A-1
Those portions of that portion of Rancho Janal in the City of Chula Vista, County of
San Diego, State of California deeded to Western Salt Company per deed 'recorded
December 18, 1950 as Document No. 147375 in Book 3902, Page 47 O.R. 'filed in
the Office of the Recorder of said County, said portions being more particularly
described.as follows:
Beginning at the Southwesterly corner of Parcel 1 of Parcel Map No. 16318 filed in
the Office of the Recorder of said CoUnty: thence along the Southerly line of Said
Parcel '1 North 88 D27'37" East 660.34 feet to the Southeasterly corner of said Parcel
I, said point being the beginning of a non-tangent 550.00 foot radius curve concave
· NortheastePly, to which a radial line bears South 89D27'37" West; :thence along the
Easterly line of Parcel I of said deed to Western Salt Company, Southeasterly along
the arc of said curve through a central angle of 32~58'53" a distance of 316.60 feet;
thence continuing along said Easterly line South 33=31 '16" East 487.69 feet to the
beginning of a tangent 950.00 foot radius curve concave SoUthwesterly; thence
continuing along said Easterly'.line Southeasterly along the arc of said 'curve through
a central angle of 28 =40'26'' a distance of 475.43 feet; thence continuing along said
Easterly line South 04= 50'50" East 2174.97 feet to the Southeasterly corner of said
deed; thence along the Southerly line of said deed NOrth 89a03'01" West 231.01
feet to the Southwesterly line of said deed, said point also being Corner No. 2 of
Rancho Janal; thence along the Westerly-line of said deed North 18~50'38" West
3493.90 feet to the POINT OF BEGINNING.
UCCVLetter Of Int&nt
ATTACHMENT A-1
Open Space, Parks &
Other Urban Uses
U
u Woods
Woods
\
\\
Vistas ~,~,,~
P
u
Open Space /
Public Park ~
Other Urban Uses OTC
, EASTLzlKE III
A Planned Community by The Easttake Company
ATTACHMENT A-1
EastLake Woods and Vistas
Land Use Comparison
Proposed Adjusted
GDP Existing
Land Uses in Acres Woods Vistas Total GDP
L Res. Low 163,7 108,7 272.4 351,6
LM Res. Low-Med 61.6 87.5 149.1
M Res. Medium 16.5 18.5 32.0
MH Res, Med.-High 16.1 16,1 34.0
H Res. High 11.6 11.6
L (U) Low (Univ) 44.5
Sub-total Residential 225.3 242.4 467.7 462.1
CR Retail Comm. 14.7 14.7 7.3
VC Visitor Comm. 22.7 22.7 15.5
PA Prof. & Admin. 3.4
Sub-Total Non-Res. 37.4 37.4 26.2
OS Open Space 67.3 39.9 107.2 123.8
PQ Public Quasi-Public 35.0 8.2 43.2 30.0
P Parks & Rec, 5.0 12 17.0 25.9
Circulation 8.5 9.7 18.2 22.7
Sub-total OS, PQ, P & Circ. 115.8 69.8 185.6 202.4
Grand Total 341.1 349.6 690.7 690.7
Residential Units - Density Distribution
Proposed
UC LOI Existing
Woods Vistas GDP Total GDP*
L Res. Low 253 314 567 746
LM Res. Low-Med 214 392 606
M Res. Medium 112 112 278
MH Res. Med.-High 198 198 506
H Res. High 249 249
L (U) Low (Univ) 0 0
Total 467 1265 1732 1530
*Does not include 255 units in Woods West nor 750 units in the Land Swap.
Also, EastLake did not use 252 units relative to the approved GDPs for the Greens and Trails.