HomeMy WebLinkAboutAgenda Packet 2001/07/17
CITY COUNCIL AGENDA
July 17, 2001 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
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CllY OF
CHULA VISTA
City Council City Manager
Patty Davis David D. Rowlands, Jr.
Stephen C. Padilla City Attorney
Jerry R. Rindone John M. Kaheny
Mary Salas City Clerk
Shirley A. Horton, Mayor Susan Bigelow
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The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 17 or Chula Vista Cable Channel 47
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AGENDA
July 17, 2001 6:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton.
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
CONSENT CALENDAR
(Items I through 5)
The Council will enact the staff recommendations regarding the following items
listed under the Consent Calendar by one motion, without discussion, unless a
Councilmember, a member of the public, or City staff requests that an item be
removed for discussion. If you wish to speak on one of these items, please fill out
a "Request to Speak"form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
after Action Items. Items pulled by the public will be the first items of business.
I. WRITTEN COMMUNICATIONS
A. Letter from the City Attorney stating that to the best of his knowledge fÌ'om
observance of actions taken in Closed Session on July 10, 2001, there were no
actions taken which are required under the Brown Act to be reported.
Staff recommendation: The letter be received and filed.
B. Letter of resignation fÌ'om Charles (Steve) Thomas, member of the Resource
Conservation Committee.
Staff recommendation: The resignation be accepted with regret and the City
Clerk be directed to post immediately in accordance with the Maddy Act.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FORM OF THE FIRST AMENDMENT TO THE
ACQ VIS ITI ON/FINAN CIN G AGREEMENT FOR COMMUNITY FACILITIES
DISTRICT NO. 99-1 (OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE,
VILLAGE FIVE AND VILLAGE ONE WEST)
On November 30, 1999, Council authorized the special provisions and implementation
procedures of the acquisition/financing agreement for Community Facilities District No.
99-1. This agreement established the terms and conditions pursuant to which the City
will acquire the authorized public improvements, to issue special tax bonds to finance
such improvements, and create procedures for acquiring those improvements. Adoption
of the resolution will approve the first amendment to the acquisition/financing agreement
with Otay Project LP. Approval of this agreement will permit the developer to be paid
fÌ'om the proceeds of the first series of bonds for facilities that were earmarked to be paid
fÌ'om the second series of bonds. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A 35 M.P.H. SPEED LIMIT ON PALOMAR STREET, BETWEEN
INDUSTRIAL BOULEVARD AND BROADWAY, AND AMENDING SCHEDULE X
OF THE REGISTER AS MAINTAINED BY THE OFFICE OF THE CITY ENGINEER
Based on the provisions of the California Vehicle Code Section 40803, and pursuant to
authority under the Chula Vista Municipal Code section 10.48.020, the City Engineer has
determined that based on a Traffic Engineering Study, the speed limit on Palomar Street,
between Industrial Boulevard and Broadway, be decreased from the existing 40 M.P.H.
to 35 M.P.H. (Director of Public Works)
Staffrecommendation: Council place the ordinance on first reading.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE CITY'S FORMAL BIDDING PROCESS AND APPROVING A FIRST
AMENDMENT TO A THREE-PARTY AGREEMENT BETWEEN THE CITY OF
CHULA VISTA, RECON (CONSULTANT), AND THE EASTLAKE COMPANY,
LLC (APPLICANT), FOR MITIGATION MONITORING AND ENVIRONMENTAL
SERVICES TO BE RENDERED FOR EASTLAKE III WOODS AND VISTAS, AND
FOR ADDITIONAL COSTS INCURRED DURING THE PREPARATION OF AN
ADDENDUM TO THE EASTLAKE III WOODS AND VISTAS FINAL
SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (EIR 01-01), AND
AUTHORIZING THE MAYOR TO EXECUTE SAID FIRST AMENDMENT
In compliance with state law, a Mitigation Monitoring and Reporting Program (MMRP)
is proposed to be adopted by Council for the EastLake III General Development Plan
(GDP) amendment and the EastLake III Woods and Vistas Sectional Planning Area
(SPA) plan. State law requires public agencies to adopt such programs to ensure
effective implementation of mitigation measures. Adoption of the resolution will
approve the proposed contract amendment with RECON for a total of $195,200 to
provide consulting services as the Environmental Monitor Specialist for the EastLake III
Woods and Vistas for a period of five years, and to pay for additional costs incurred for
the preparation of an addendum to the EastLake III Final Subsequent Environmental
Impact Report (EIR 01-01). (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE MASTER FEE SCHEDULE TO SET THE FEE FOR THE
DUPLICATION OF POLICE REPORTS TO THE CITY'S PRE-EXISTING PUBLIC
RECORDS DUPLICATION FEE ($0.15), AND ESTABLISHING A NEW FEE OF
$2.00 FOR POLICE REPORT REQUESTS PROCESSED BY MAIL
The Public Records Act requires that public agencies charge for the duplication of
"public documents" in an amount that recovers only the direct costs of duplication.
Charges for ancillary tasks necessarily associated with the retrieval, inspection, and
handling of the file from which the copy is to be extracted are not to be considered in
determining the fee. Police reports easily fall under the legal definition of a "public
document", therefore, the appropriate fee for providing a copy of a police report should
be the charge imposed by the City for copying other public documents - at present, $0.15
per page. In addition, because a majority of the City's requests for police reports are
made by mail, another adjustment to the Master Fee Schedule is also being proposed --
Page 2 - Council Agenda 07/17/01
the creation of a "mailed police report" fee. This fee is necessary to pay for the
additional costs the City incurs when a police report is mailed to the requestor. At this
time, staff has calculated the appropriate fee to be $2.00 per copy. (Director of Budget
and Analysis)
Staff recommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council'sjurisdiction 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.
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.
6. CONSIDERATION OF ADOPTION OF A RESOLUTION CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT (FEIR), ADOPTING THE FINDINGS OF
FACT, MITIGATION MONITORING AND REPORTING PROGRAM, AND
APPROVING THE FIRST PHASE OF CONSTRUCTION OF THE SALT CREEK
GRAVITY SEWER INTERCEPTOR (CONTINUED FROM JULY 10,2001)
The Salt Creek gravity sewer interceptor is a 12.5-mile sewer pipeline currently being
designed to serve the developments within the Salt Creek Basin. In addition, this trunk
line will also convey flows from the Poggi Canyon and the Wolf Canyon trunk sewers.
Since this facility will ultimately serve three of the four basins in the eastern portion of
the City, this sewer line is a major component of the development planning for the
eastern portion of the City. As part of the environmental review process to analyze
potential environmental impacts resulting from the construction of this facility, an
Environmental Impact Report was prepared for this project. This document was
reviewed by the Planning Commission on June 13, 2001; upon completion of its review,
the Commission determined that the Final Environmental Impact Report (FEIR) was
complete and recommended that Council certify the FEIR and adopt the Findings of Fact.
(Director of Public Works)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR),
ADOPTING THE FINDINGS OF FACT, MITIGATION MONITORING AND
REPORTING PROGRAM, AND APPROVING THE FIRST PHASE OF
CONSTRUCTION OF THE SALT CREEK GRAVITY SEWER
INTERCEPTOR
Page 3 - Council Agenda 07/17/01
PUBLIC HEARINGS
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.
7. CONSIDERATION OF THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT
REPORT (FEIR-OI-0l) AND ITS ATTENDANT ADDENDUM, CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS OF FACT, STATEMENT
OF OVERRIDING CONSIDERATIONS, AND MITIGATION MONITORING AND
REPORTING PROGRAM FOR THE EASTLAKE III WOODS AND VISTAS
REPLANNING PROGRAM (CONTINUED FROM JULY 10,2001)
Pursuant to the California Environmental Quality Act, a Subsequent EIR has been
prepared for the EastLake III project that analyzes the environmental impacts of the
proposed project. Council action on the certification of the Subsequent EIR must be
taken prior to action on the EastLake III project. The Subsequent EIR for EastLake III
must be considered by Council in making the decision on the project. (Director of
Planning and Building)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT
REPORT (FEIR-OI-0l) FOR THE EASTLAKE III WOODS AND VISTAS
REPLANNING PROGRAM WITH ITS ATTENDANT ADDENDUM;
MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS; AND ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
8. CONSIDERATION OF APPROVAL OF GPA-OI-07, PCM-01-26, PCM-00-19,
APPLICATIONS FILED BY THE EASTLAKE COMPANY INVOLVING 1,030
ACRES KNOWN AS EASTLAKE III, 455 ACRES KNOWN AS THE EASTLAKE
TRAILS, AND 108 ACRES KNOWN AS THE "SOUTHERN LAND SWAP" PARCEL
(CONTINUED FROM JULY 10,2001)
The applications filed by The EastLake Company request approval of the third and final
development phase of EastLake, which involves two residential neighborhoods known as
the Woods and Vistas, and an elongated-shaped lot referred to as the "panhandle" parcel.
The Woods and Vistas, combined, encompass 748 acres, with a capacity for 2,061
dwelling units and support land uses such as parks, schools, recreation trails, a fire
station, open space and other amenities. The proposed land plan redistributes the same
land uses and residential densities previously adopted for this area in a more
comprehensive and detailed land plan. The rearrangement of land uses and changes in
Page 4 - Council Agenda 07/17/01
densities and permitted number of dwelling units require an amendment to the City's
General Plan and the existing EastLake III General Development Plan, as well as
adoption of a new Sectional Planning Area (SPA) plan to provide development
parameters and design standards. The applications also include amendments to the
parameters and design standards, and to the existing Eastlake II General Development
Plan, EastLake Greens and EastLake Trails SPA plans, and associated regulatory
documents to modify the adopted Comprehensive Affordable Housing Program and
Community Purpose Facilities Master Plan. (Director of Planning and Building)
Staff recommendation: Council conduct the public hearing, place the following
ordinance on first reading, and adopt the resolution:
A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE PLANNED COMMUNITY DISTRICT REGULATIONS
AND LAND USE DISTRICT MAP FOR 748 ACRES, COMMONLY KNOWN
AS THE EASTLAKE III SECTIONAL PLANNING AREA (SPA) PLAN,
LOCATED EAST OF THE EASTLAKE BUSINESS CENTER AND SALT
CREEK OPEN SPACE CORRIDOR, BETWEEN THE FUTURE ALIGNMENT
OF PROCTOR VALLEY ROAD AND OLYMPIC PARKWAY
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AMENDMENTS TO THE CHULA VISTA GENERAL PLAN,
EASTLAKE II AND III GENERAL DEVELOPMENT PLANS, EASTLAKE
GREENS AND EASTLAKE TRAILS SECTIONAL PLANNING AREA (SPA)
PLANS, ADOPTING A NEW SECTIONAL PLANNING AREA PLAN AND
ASSOCIATED REGULATORY DOCUMENTS FOR 748 ACRES, KNOWN
AS EASTLAKE III, AND LOCATED EAST OF THE EASTLAKE BUSINESS
CENTER AND THE SALT CREEK OPEN SPACE CORRIDOR, BETWEEN
THE FUTURE ALIGNMENT OF PROCTOR V ALLEY ROAD AND THE
SOUTHERN END OF WUESTE ROAD
9. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTIVE
OWNER-OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION
The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service
charges to be assessed as liens upon the affected properties and ultimately placed on the
property tax bills for collection. (Deputy City Manager Powell)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON
THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND
APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT
REGULAR TAX BILL
Page 5 - Council Agenda 07/17/01
BOARD AND COMMISSION RECOMMENDATION
10. REPORT FROM THE BOARD OF ETHICS RECOMMENDING ADOPTION OF A
LOBBYING ORDINANCE FOR THE CITY OF CHULA VISTA
At the Council meeting of March 6, 2001, Councilmember Salas requested the Board of
Ethics to consider whether the City would benefit fÌ'om adopting a lobbying ordinance.
On May 15 and June 12,2001, the Board discussed the matter and is recommending that
the Council adopt a lobbying ordinance requiring individuals acting as municipal
lobbyists to register and submit a financial disclosure form. (Board of Ethics)
Board recommendation: Council accept the report and direct the City Attorney to
prepare an ordinance for consideration by Council at a future date.
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
11. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
12. MAYOR'S REPORTS
13. COUNCIL COMMENTS
ADJOURNMENT to a Regular Meeting on July 24, 2001 at 6:00 p.m. in the Council
Chambers.
Page 6 - Council Agenda 07/17/01
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OlY OF
(HUlA VISTA
OFFICE OF THE CITY ATTORNEY
Date: July 11, 2001
To: The Honorable Mayor and city council
From: John M. Kaheny, City At torney ~¿,
Re: Report Regarding Actions Taken in Closed Session
for the Meeting of 7/10/01
The city of Chula vista met in Closed Session on 7/10/01 to
discuss:
. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C)
One case
. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54956.6
city Negotiator: City Manager
Employee Organizations: Chula vista Employees Association
The Redevelopment Agency of the City of Chula Vista met in Closed
Session on 7/10/01 to discuss:
. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
A. Property: Assessor Parcel Nos. 568-270-03; 568-270-11
(approximately 2.85 acres located at the southeast
corner of Fourth Avenue and F street)
Negotiating City Council/Redevelopment Agency (Sid Morris/Chris
Parties: Salomone) and Chula Vista Center (Robert Caplan)
A -I
276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910 . (619) 691-5037 . FAX (619-.409-5823
-,X """""'""""'....
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The Honorable Mayor and City Council
July 10, 2001
Page Two
Under
Negotiations: Price and terms for acquisition
B. Property: Assessor Parcel Nos. 568-270-10 (315 Fourth Avenue)
Negotiating City Council (Chris Salomone)
Parties:
Under
Negotiations: Lease terms
8 CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C)
possible challenge to California Energy Commission (CEC)
approval of RAMCO peaker Plant, unit No. 2
The City Attorney hereby reports to the best of his knowledge from
the 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: 19k
J, \Attorney\LETTER\CLOSED SESSION No Reportable.
1ft
CITY OF CHULA VISTA
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RECEIVED ~ ¡¡;¡¡: ¡¡: n w ¡¡: ~
JUL 1 0 2001 ~
July 9,2001
'01 J1. 10 Ala :13
Honorable Shirley Horton,
Mayor, City of Chula Vista CITY OF CHULA VIS1. COUNCIL OFFICES
276 Fourth Ave CITY CLERK'S OFFIC, CHULA VISTA. CA
Chula Vista, CA 91910
Dear Mayor Horton
It is with great regret that I must tender my resignation from The Resource Conservation
Commission. I have recently sold my house and moved into a condominium in San Diego.
Since I no longer reside in Chula Vista, I am not eligible to sit on that commission.
During the 1 Yz years that I sat on the commission, I have had the pleasure of working with my
fellow commisssioners in providing advice and recommendations to the council on a number of
important issues. I have enjoyed working with the rest of the commission, and wish them all
good luck in the future.
Steve Thomas
(619) 881-2576
cc. Marilyn Ponseggi /6
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COUNCIL AGENDA STATEMENT
Item ;¿
Meeting Date 7/17/01
ITEM TITLE: Resolution Approving the First Amendment to the
Acquisition/Financing Agreement pertaining to the Community Facilities
District No. 99-1 (CFD 99-1), Otay Ranch SPA One - Portions of Village
One, Village Five and Village ~est
SUBMITTED BY: Director of Public Works I'~
Deputy City Manager Powell
REVIEWED BY: City Manager ~Vc"\~J (4/5ths Vote: Yes_No..x)
<-oJ"
On November 30, 1999, Council authorized the special provisions and implementation
procedures of the Acquisition/Financing Agreement for Community Facilities District No. 99-1.
This Agreement established the temlS and conditions pursuant to which the City will acquire the
authorized public improvements, to issue special tax bonds to finance such improvements and
create procedures for acquiring those improvements.
The intent of this Council Agenda Statement is for the City Council to consider approving the
first amendment to thc Acquisition/Financing Agreement with Otay Project LP. Approval of this
agrccmcnt will permit the developer to be paid from the proceeds of the first series of bonds for
facilities that were eamlarked to be paid from the second series of bonds.
BOARDS/COMMISSION RECOMMENDATION: Not Applicable
RECOMMENDATION: That Council approve the resolution approving the First Amendment
to the Acquisition/Financing Agreement for the Community Facilities District No. 99-1.
DISCUSSION:
Background
As noted above, the City Council approved Resolution 19694 approving the Acquisition/Finance
Agreement ("Agreement") in 1999. Since that time the developer, Otay Project LP, has
constructed certain improvements that are on the approved facilities list. Otay Project LP have
submitted reimbursement requests based upon the terms and conditions established under the
special provisions of the Agreement for such improvements.
To date, the City has monitored and audited the construction program through requests for
Payment Number 9 totaling some $10.6 million. These requcsts have covered the following
construction projects: grading of Olympic Parkway, Poggi Canyon Channel and related
structures, partial infrastructure (i.e. sewer, stoml drainage, water, etc.), surveying and design
scrviccs, environmental processing and landscape elements.
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Page 2, Item-
Meeting Date 7/17/01
Based on the current AcquisitionlFinancing Agreement, the first bond sale was designed to pay
for certain Olympic Parkway - Phase One projects only. These amounts are $17,698,083 for the
acquisition of Transportation Development Impact Fee (TDIF) eligible projects and an additional
$671,271 for the acquisition ofNon-TDIF improvements.
To date the developer has received the total allocated funds for the non-TDIF facilities within the
first series of bonds. However, the developer has continued the aggressive construct program,
which includes improvements and facilities for both TDIF and non-TDIF projects. To date the
non- TDIF facilities in excess of the $671,271 have been processed, but that portion in excess of
$671,271 has not been paid and continue to accumulate for future payment from the second bond
series proceeds. At this time the amount is approximately $2.1 million dollars.
Otay Project LP has approached the City to amend the AcquisitionlFinancing Agreement to
pennit proceeds from the first bond series related to TDIF projects to be utilized for payment of
additional Non-TDIF projects constructed to date. Approval of this amendment would release
proceeds up to the amount of three million dollars ($3,000,000) for Non- TDIF facilities. Staff
supports this amendment as long as the developer agrees not to delay the second bond sale.
It is the intent of the City and the developer that upon approval of the first amendment that the
City would release the $2.1 million dollars for immediate payment and the remaining balance, up
to the cap of three million, will be audited and reimbursed during the Payment processing
functions.
Security
On April 20, 1999 thc City entered into the Agreement for Financing and Construction of
Olympic Parkway and Related Roadway Improvements with the Otay Ranch Company and
McMillin Communities to construct the first three phases of Olympic Parkway. This agreement
required the provision of improvement securities for all three phases of the roadway. All of the
required security is currently in place. Phase One construction was recently completed and
opened for traffic.
As originally planned, the City's financing team is now proceeding with the Series B bond sale
for CFD 99-01. These parity bonds were anticipated in the original CFD 99-01 bond offering
and are authorized to provide up to $22 million of additional funding. The draft appraisal and
marketing study were recently completed and it is anticipated the bonds will be sold later this
year. These Series B bonds were originally targeted for Non- TDIF improvements. Due to
annexations of additional property to the District, a SPA amendment and an increase in the TDIF
amount, it is now apparent that an additional $2 million of TDIF funds will be available as a
result of this second bond sale. The end result will be an even greater total amount of TDIF
facilities funded through the CFD than originally anticipated.
Page 3, Item -
Meeting Date 7/17/01
In conclusion, the Otay Ranch Company's performance is assured for the balance of the Olympic
Parkway project through several mechanisms:
I) Performance requirements and schedules in the Agreement
2) $4.7m funding from CFD 97-03 on account with the City
3) $1.2m TDIF funds (Sunbow payment)
4) Future CFD 99-01 Series B bond proceeds
5) Faithful Performance/Labor and Materials bonds for all improvements in place
Future Actions
There are no further actions or findings for the City Council to consider at this time. The City
attorney, Mayor and City Clerk, will execute the First Amendment to the Acquisition/Finance
Agreement. The City will direct staff to implement the monitoring and auditing of the proceeds.
Exhibits:
A. First Amendment to Acquisition/Finance Agreement
J\c"gmm\AGENDA\Acq-Fin-Am,ndm,," -CAS, 7-17-01 doc
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7.3.01 Clean
FIRST AMENDMENT
TO
ACQUISITIONIFINANCING AGREEMENT
THIS FIRST AMENDMENT TO ACQVISITION/FINANCING AGREEMENT,
dated as of July 1,2001 (the "First Amendment"), by and between the City ofChula
Vista, a charter city duly organized and validly existing under the Constitution and the
laws ofthe State of California (the "City"), acting for and on behalf of itself and
Community Facilities District No. 99-1 (the "Community Facilities District"), and Otay
Project LP., a California limited liability company (the "Developer") is entered into by
the parties hereto to amend that certain AcquisitionlFinancing Agreement made and
entered into the - day of ,1999 (the "Acquisition Agreement"), by and
between the City, acting for and on behalf of itself and the District, and the Developer.
Capitalized terms used in this First Amendment shall have the meanings given such terms
in the Acquisition Agreement unless otherwise provided for herein or the context of the
use of any such capitalized term requires otherwise.
RECITALS
WHEREAS, the City and the Developer entered into the Acquisition Agreement
to, among other things, establish the terms and conditions pursuant to which the City
would acquire certain Projects and Improvements constructed by the Developer fÌ'om
proceeds of Bonds issued by the Community Facilities District for such purpose;
WHEREAS, Section 7(f) of the Acquisition Agreement establishes a prioritization
for the payment of the Purchase Price for Improvements fÌ'om the proceeds of the first
series of Bonds issued by the Community Facilities District;
WHEREAS, Section 7(f)(i)(a) provides that the first proceeds of the first series of
Bonds authorized and available to pay the Purchase Price for the acquisition of
Improvements in an amount equal to the aggregate remaining TDIF which may be
collected as a result of development within the Community Facilities District shaH be
utilized in the order of priority established therein to pay the Purchase Price for the First
Series Olympic Parkway TDIF Improvements;
WHEREAS, Section 7(f)(i)(a) further provides that the remainder ofthe proceeds
of the first series of Bonds authorized and available to pay the Purchase Price for the
acquisition ofImprovements shall be utilized to pay the Purchase Price for the First
Series Olympic Parkway Non- TDIF Improvements;
WHEREAS, all ofthe proceeds of the first series of the Bonds eligible to pay the
Purchase Price of the First Series Olympic Parkway Non-TDIF Improvements have been
expended by the City to pay the Purchase Price for such Improvements; and
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7.3.01 Clean
WHEREAS, the Developer has constructed other Improvements for which the
Purchase Price may not be paid fÌ'om the proceeds of the first series of Bonds authorized
to pay the Purchase Price for the acquisition ofImprovements;
WHEREAS, the Developer has requested that the Acquisition Agreement be
amended to permit the payment fÌ'om the proceeds of the first series of Bonds ofthe
Purchase Price of other Improvements that are not First Series Olympic Parkway TDIF
Improvements; and
WHEREAS, the City is willing to agree to such an amendment of the Acquisition
Agreement if the Developer agrees to utilize the proceeds of the payment of any such
Purchase Price to pay additional costs of construction of other Improvements.
NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as
follows:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Amendment to Section 7(t)(i)(a) ofthe Acquisition Agreement. Section
7(f)(i)(a) of the Acquisition Agreement is hereby amended to read as follows:
"a. Payments fÌ'om the First Series of Bonds.
The first proceeds of the first series of Bonds authorized and available to
pay the Purchase Price for the acquisition of Improvements in an amount equal to
the aggregate remaining Traffic Development Impact Fees ("TDIF") (for
purposes of this section, such Improvements are referred to collectively as the
"First Series Olympic Parkway TDIF Improvements") which may be collected as
a result of development within the Community Facilities District shall be utilized
in the following order of priority:
(1). Priority 1: Project No.1 in Exhibit A. Olympic Parkway Phase
1 - TDIF Eligible Improvements
(2). Priority lA: Project No. 15 in Exhibit A. Reimbursement of
Advances Made by Merchant Builders (R-6, 9, 13,
14, 34, 36, 37 and 38) Towards the Cost of
Construction of Olympic Parkway Improvements
Authorized to be Financed Under the TDIF
Program
(3). Priority 2: Project No.3 in Exhibit A. Olympic Parkway Phase
2 - TDIF Eligible Improvements
Project No.5 in Exhibit B. Olympic Parkway Phase
3 - TDIF Eligible Improvements
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7.3.01 Clean
(4). Priority 3: Project No. 7 in Exhibit A. Paseo Ranchero
(Palomar to Olympic) TDIF Eligible
Improvements
(5). Priority 4: Project No.9 in Exhibit A. East Palomar (within
Village One West) - TDIF Eligible Improvements
Notwithstanding the foregoing, proceeds of the first series of Bonds set aside for
the payment ofthe First Series Olympic Parkway TDIF Improvements may, upon
the submission of a written request of the Developer accompanying a Payment
Request, be utilized to pay the Purchase Price of First Series Olympic Parkway
Non-TDIF Improvements (defined below); provided. however, the amount of
such proceeds so utilized may not exceed $3,000,000 and provided further that
such proceeds may not be so utilized if, at the time of the requested payment, the
Developer is not in compliance with the provisions of the Olympic Parkway
Agreement or any permits issued for the construction of Olympic Parkway.
Developer covenants and pledges that the proceeds of the payment of such
Purchase Price or any portion thereof shall be used by Developer solely to make
payments to contractors, subcontractors, materialmen and agents and employees
of the Developer for any costs directly related to the design, engineering,
construction or construction administration and supervision of any First Series
Olympic Parkway TDIF Improvements and/or any other First Series Olympic
Parkway Non- TDIF Improvements that may be included in the Purchase Price for
such Improvements pursuant to Section 7(a) ("Authorized Payments"). The
written request of the Developer referred to in the first sentence of this paragraph
shall itemize all such Authorized Payments to be made fÌ'om the proceeds of the
payment to the Developer of the Purchase Price.
The remainder of the proceeds of the first series of Bonds authorized and
available to pay the Purchase Price for the acquisition of Improvements shall be
utilized in the following order of priority:
(1). Priority 1: Project No.2 in Exhibit A. Olympic Parkway Phase
1 - Non- TDIF Eligible Improvements (for purposes
of this section, the "First Series Olympic Parkway
Non- TDIF Improvements")
SECTION 3. Effect of this First Amendment on the Other Terms and Provisions of
the Acquistion Agreement. All terms and provisions of the Acquisition Agreement
shall remain in full force and legal effect except as expressly modified by the provisions
of this First Amendment.
SECTION 4. General Provisions
(a) The Acquisition Agreement as amended by this First Amendment and the
agreements expressly referred to herein contains all of the agreements of
the parties hereto with respect to the matters contained herein and all other
3
2
------------- --------- - ------
7.3.01 Clean
prior and contemporaneous agreements, representations, negotiations and
understandings of the parties hereto, oral or written, are hereby superseded
and merged herein. The foregoing sentence shall in no way affect the
validity of the Olympic Parkway Agreement. No provision of this First
Amendment may be modified, waived, amended or added to except by a
writing signed by the party against which the enforcement of such
modification, waiver, amendment or addition is or may be sought.
(b) This First Amendment has been reviewed by legal counsel for City and
Developer and shall be deemed for all purposes to have been jointly
drafted by City and Developer. No presumption or rule that ambiguities
shall be construed against the drafting party shall apply to the
interpretation or enforcement of this First Amendment. The language in
all parts of this First Amendment, in all cases, shall be construed as a
whole and in accordance with its fair meaning and not strictly for or
against any party and consistent with the provisions hereof, in order to
achieve the objectives of the parties hereunder. The captions of the
sections and subsections of this First Amendment are for convenience only
and shall not be considered or referred to in resolving questions of
construction.
(c) Except as expressly provided otherwise in this First Amendment, all
provisions of Sections 21 through 34 of the Acquisition Agreement shall
apply to this First Amendment.
4
2
7.3.01 Clean
IN WITNESS WHEREOF the parties hereto have executed this First Amendment on the date
above written.
"CITY"
CITY OF CHULA VISTA
MAYOR
CITY OF CHULA VISTA
STATE OF CALIFORNIA
ATTEST: APPROVED AS TO FORM:
CITY CLERK JOHN KAHENY, CITY ATTORNEY
CITY OF CHULA VISTA CITY OF CHULA VISTA
STATE OF CALIFORNIA STATE OF CALIFORNIA
"DEVELOPER"
OTAYPROJECTLP,
a California limited liability company,
By: Otay Ranch, LLC, a California
limited liability company, General
Partner
By: Otay Ranch Development,
LLC, a Delaware limited liability
company, Authorized Member
By:
Title:
5
2-
RESOLUTION NO. 2001- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, APPROVING THE FORM OF THE FIRST AMENDMENT TO
THE ACQUISITION/FINAN CIN G AGREEMENT FOR COMMUNITY
FACILITIES DISTRICT NO. 99-1 (OT A Y RANCH SPA ONE - PORTIONS OF
VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,
pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, has undertaken
proceedings to form and has formed a community facilities district for the purpose of financing the
acquisition of certain works of improvement, together with appurtenances, such special assessment
district known and designated as COMMUNITY F ACILlTIES DISTRICT NO. 99-1 (OT A Y
RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE
WEST) (the "Community Facilities District"); and,
WHEREAS, the City Council did previously approve the form of an Acquisition/Financing
Agreement (the "Acquisition/Financing Agreement") by and between the City ofChula Vista and
Otay Project loP. (the "Developer") to establish the terms and conditions upon which the
Improvements (as defined in the Amended Acquisition/Financing Agreement') would be acquired
by the City; and
WHEREAS, the City and the Developer desire to amend the Acquisition/Financing
Agreement by entering into the First Amendment to the AcquisitionlFinancing Agreement, the form
of which has been presented to the City Council (the "First Amendment").
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The form of First Amendment to the AcquisitionlFinancing Agreement,
hcrewith submitted, is approved substantially in the form submitted. The Mayor is hereby authorized
to execute the final form of such agreement on behalf of the City. The City Manager, subject to the
review of the City Attorney and Bond Counsel, is authorized to approve changes in such agreement
deemed to be in the best interests of the City, approval of such changes to be evidenced by the
execution of such agreement.
PREPARED BY: APPROVED AS TO FORM BY:
~~~
John P. Lippitt John M. Kaheny
Director of Public Works City Attorney
J:\attorney\reso\I" Amendment to Acquisition
~__~~_m_-m---_-_--~ ------~-~-------
FIRST AMENDMENT
TO
ACQUISITION/FINANCING AGREEMENT
THIS FIRST AMENDMENT TO ACQUISITION/FINANCING AGREEMENT,
dated as of July 1, 2001 (the "First Amendment"), by and between the City of Chula
Vista, a charter city duly organized and validly existing under the Constitution and the
laws of the State of California (the "City"), acting for and on behalf of itself and
Community Facilities District No. 99-1 (the "Community Facilities District"), and Otay
Project loP., a California limited liability company (the "Developer") is entered into by
the parties hereto to amend that certain AcquisitionlFinancing Agreement made and
entered into the ~ day of ~-' 1999 (the "Acquisition Agreement"), by and
between the City, acting for and on behalf of itself and the District, and the Developer.
Capitalized terms used in this First Amendment shall have the meanings given such terms
in the Acquisition Agreement unless otherwise provided for herein or the context of the
use of any such capitalized term requires otherwise.
RECITALS
WHEREAS, the City and the Developer entered into the Acquisition Agreement
to, among other things, establish the terms and conditions pursuant to which the City
would acquire certain Projects and Improvements constructed by the Developer fÌ'om
proceeds of Bonds issued by the Community Facilities District for such purpose;
WHEREAS, Section 7(f) of the Acquisition Agreement establishes a prioritization
for the payment of the Purchase Price for Improvements from the proceeds of the first
series of Bonds issued by the Community Facilities District;
WHEREAS, Section 7(f)(i)(a) provides that the first proceeds of the first series of
Bonds authorized and available to pay the Purchase Price for the acquisition of
Improvements in an amount equal to the aggregate remaining TDIF which may be
collected as a result of development within the Community Facilities District shall be
utilized in the order of priority established therein to pay the Purchase Price for the First
Series Olympic Parkway TDIF Improvements;
WHEREAS, Section 7(f)(i)(a) further provides that the remainder of the proceeds
of the first series of Bonds authorized and available to pay the Purchase Price for the
acquisition of Improvements shall be utilized to pay the Purchase Price for the First
Series Olympic Parkway Non-TDIF Improvements;
WHEREAS, all of the proceeds of the first series of the Bonds eligible to pay the
Purchase Price of the First Series Olympic Parkway Non- TDIF Improvements have been
expended by the City to pay the Purchase Price for such Improvements; and
I
-------------..----
WHEREAS, the Developer has constructed other Improvements for which the
Purchase Price may not be paid fÌ'om the proceeds of the first series of Bonds authorized
to pay the Purchase Price for the acquisition ofImprovements;
WHEREAS, the Developer has requested that the Acquisition Agreement be
amended to permit the payment from the proceeds of the first series of Bonds of the
Purchase Price of other Improvements that are not First Series Olympic Parkway TDIF
Improvements; and
WHEREAS, the City is willing to agree to such an amendment of the Acquisition
Agreement if the Developer agrees to utilize the proceeds of the payment of any such
Purchase Price to pay additional costs of construction of other Improvements.
NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as
follows:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Amendment to Section 7(f)(i)(a) of the Acquisition Agreement. Section
7(f)(i)(a) of the Acquisition Agreement is hereby amended to read as follows:
"a. Payments from the First Series of Bonds.
The first proceeds of the first series of Bonds authorized and available to
pay the Purchase Price for the acquisition of Improvements in an amount equal to
the aggregate remaining Traffic Development Impact Fees ("TDIF") (for
purposes of this section, such Improvements are referred to collectively as the
"First Series Olympic Parkway TDIF Improvements") which may be collected as
a result of development within the Community Facilities District shall be utilized
in the following order of priority:
(I). Priority 1: Project No.1 in Exhibit A. Olympic Parkway Phase
1 - TDIF Eligible Improvements
(2). Priority IA: Project No. 15 in Exhibit A. Reimbursement of
Advances Made by Merchant Builders (R-6, 9, 13,
14, 34, 36, 37 and 38) Towards the Cost of
Construction of Olympic Parkway Improvements
Authorized to be Financed Under the TDIF
Program
(3). Priority 2: Project No.3 in Exhibit A. Olympic Parkway Phase
2 - TDIF Eligible Improvements
Project No.5 in Exhibit B. Olympic Parkway Phase
3 - TDIF Eligible Improvements
2
(4). Priority 3: Project No. 7 in Exhibit A. Paseo Ranchero
(Palomar to Olympic) TDIF Eligible
Improvements
(5). Priority 4: Project No.9 in Exhibit A. East Palomar (within
Village One West) - TDIF Eligible Improvements
Notwithstanding the foregoing, proceeds of the first series of Bonds set
aside for the payment of the First Series Olympic Parkway TDIF Improvements
may, upon the submission of a written request of the Developer accompanying a
Payment Request, be utilized to pay the Purchase Price of First Series Olympic
Parkway Non-TDIF Improvements (defined below); provided, however, the
amount of such proceeds so utilized may not exceed $3,000,000 and provided
further that such proceeds may not be so utilized if, at the time of the requested
payment, the Developer is not in compliance with the provisions of the Olympic
Parkway Agreement or any permits issued for the construction of Olympic
Parkway. Developer covenants and pledges that the proceeds of the payment of
such Purchase Price or any portion thereof shall be used by Developer solely to
make payments to contractors, subcontractors, materialmen and agents and
employees of the Developer for any costs directly related to the design,
engineering, construction or construction administration and supervision of any
First Series Olympic Parkway TDIF Improvements and/or any other First Series
Olympic Parkway Non- TDIF Improvements that may be included in the Purchase
Price for such Improvements pursuant to Section 7(a) ("Authorized Payments").
The written request of the Developer referred to in the first sentence of this
paragraph shall itemize all such Authorized Payments to be made from the
proceeds of the payment to the Developer of the Purchase Price. To the extent that
proceeds of the first series of Bonds set aside for the payment of First Series
Olympic Parkway TDIF Improvements are instead utilized pursuant to this
paragraph to pay the Purchase Price of First Series Olympic Parkway Non- TDIF
Improvements, an amount equal to the aggregate amount of all such payments
shall be set aside from the proceeds of any subsequent series of bonds for the
payment of the Purchase Price for those First Series Olympic Parkway TDIF
Improvements not paid fÌ'om the proceeds of the first series of bonds.
The remainder of the proceeds of the first series of Bonds authorized and
available to pay the Purchase Price for the acquisition of Improvements shall be
utilized in the following order of priority:
(1). Priority 1: Project No.2 in Exhibit A. Olympic Parkway Phase
1 - Non-TDIF Eligible Improvements (for purposes
of this section, the "First Series Olympic Parkway
Non-TDIF Improvements")
3
- ,-", ",,---_.
SECTION 3. Amendment to Section 7(t)(i)(b) of the Acquisition Agreement. The
following paragraph shall be added to the beginning of Section 7(t)(i)(b):
"The first proceeds of any subsequent series of bonds authorized and
available to pay the Purchase Price for the acquisition of Improvements shall be
utilized to pay the Purchase Price of any First Series Olympic Parkway TDIF
Improvements not paid fÌ'om the proceeds of the first series of bonds as a result of
and to the extent that proceeds of the first series of bonds originally set aside
pursuant to Section 7(t)(i)(a) to pay the Purchase Price of such First Series
Olympic Parkway TDIF Improvements were instead utilized pursuant to such
Section to pay First Series Olympic Parkway Non- TDIF Improvements."
The second paragraph of Section 7(t)(i)(b) is hereby amended to read as follows:
'The next $4,000,000 of the proceeds of any subsequent series of Bonds
authorized and available to pay the Purchase Price for the acquisition of
Improvements shall be utilized to pay the following:
(1) Priority I: Project No. II III Exhibit A. Facilities to be
otherwise financed from the proceeds of Public
Facilities Development Impact Fees."
SECTION 4. Effect of this First Amendment on the Other Terms and Provisions of
the Acquisition Agreement. All terms and provisions of the Acquisition Agreement
shall remain in full force and legal effect except as expressly modified by the provisions
of this First Amendment.
SECTION 5. General Provisions
(a) The Acquisition Agreement as amended by this First Amendment and the
agreements expressly referred to herein contains all of the agreements of
the parties hereto with respect to the matters contained herein and all other
prior and contemporaneous agreements, representations, negotiations and
understandings of the parties hereto, oral or written, are hereby superseded
and merged herein. The foregoing sentence shall in no way affect the
validity of the Olympic Parkway Agreement. No provision of this First
Amendment may be modified, waived, amended or added to except by a
writing signed by the party against which the enforcement of such
modification, waiver, amendment or addition is or may be sought.
(b) This First Amendment has been reviewed by legal counsel for City and
Developer and shall be deemed for all purposes to have been jointly
drafted by City and Developer. No presumption or rule that ambiguities
shall be construed against the drafting party shall apply to the
interpretation or enforcement of this First Amendment. The language in
all parts of this First Amendment, in all cases, shall be construed as a
whole and in accordance with its fair meaning and not strictly for or
4
against any party and consistent with the provisions hereof, in order to
achieve the objectives of the parties hereunder. The captions of the
sections and subsections of this First Amendment are for convenience only
and shall not be considered or referred to in resolving questions of
constructIOn.
(c) Except as expressly provided otherwise in this First Amendment, all
provisions of Sections 21 through 34 of the Acquisition Agreement shall
apply to this First Amendment.
[Remainder of this page intentionally left blank]
5
-~~ __m_~__~m_____.- ~ -~-._---
IN WITNESS WHEREOF the parties hereto have executed this First Amendment on the date
above written.
"CITY"
CITY OF CHULA VISTA
MAYOR
CITY OF CHULA VISTA
STATE OF CALIFORNIA
ATTEST: APPROVED AS TO FORM:
CITY CLERK JOHN KAHENY, CITY ATTORNEY
CITY OF CHULA VISTA CITY OF CHULA VISTA
STATE OF CALIFORNIA STATE OF CALIFORNIA
"DEVELOPER"
OTAY PROJECTLP,
a California limited liability company,
By: Otay Ranch, LLC, a California
limited liability company, General
Partner
By: Otay Ranch Development,
LLC, a Delaware limited liability
company, Authorized Member
By: ~~
Title: \(f C £: ~rD€?~
6 :J - /
--..----'--..
CITY COUNCIL AGENDA STATEMENT
3
Item
Meeting Date 7/17/01
ITEM TITLE: Ordinance Establishing a 35 M.P.H. Speed Limit in Certain Zones
on Palomar Street between Industrial Boulevard and Broadway and amending
Schedule X of the Register maintained in the Office of the City Engineer
SUBMITTED BY: Director of Public WorkS.¡/! r
()?
REVIEWED BY: City Manager í (4/Sths Vote: Yes- No.KJ
Based on the provisions of the California Vehicle Code Section 40803, and pursuant to authority
under the Chula Vista Municipal Code section 10.48.020, the City Engineer has determined that
based on a Traffic Engineering Study, the speed limit on Palomar Street between Industrial
Boulevard and Broadway be decreased from the existing posted 40 MPH to 35 MPH.
RECOMMENDATION: That the City Council adopt the ordinance establishing a speed limit of
35 MPH on Palomar Street between Industrial Boulevard and Broadway and amending Schedule X
of the register maintained in the Office of the City Engineer.
BOARDS AND COMMISSIONS RECOMMENDATION: The Safety Commission, at their
meeting ofJune 14,2001 voted MSC (Liken/Lopez) 5-0-2 with Commissioners Gove and McAlister
absent, to accept staffs report thereby concurring with the recommendation that the City Council
adopt an ordinance establishing a 35 MPH speed limit on Palomar Street between Industrial
Boulevard and Broadway, thereby amending Schedule X ofaregistermaintained in the Office ofthe
City Engineer.
DISCUSSION:
The City Engineer has determined there is a need to decrease the posted speed limit on Palomar
Street between Industrial Boulevard and Broadway from 40 MPH to 35 MPH in order to comply
with California Vehicle Code (CVC), Section 40803, "Speed Trap Evidence." Section 40803
requires evidence that a Traffic and Engineering Survey has been conducted within seven (7) years,
which justifies the posted speed limit. The Engineering and Traffic Survey should contain sufficient
information to document that the conditions of CVC Section 627, which describes the required
contents of an "Engineering and Traffic Survey," have been complied with and that other conditions
not readily apparent to a motorist are properly identified. The old survey for this roadway expired on
March 7, 2000. Staff has completed a new survey, which justifies the reduction in speed that will be
in effect until January 2,2008. In accordance with the law, every seven (7) years the existing speed
limit must be verified, increased or decreased depending on the results of the survey investigation.
Physical Conditions
Palomar Street in this area is a 90' curb-to-curb Six Lane Major Street, with a raised median dividing
the two directions oftraffic. Most of this roadway segment has commercial businesses fronting on
.3
--.......---. --- ._-
Page 2, Item~
Meeting Date 7/17/01
both sides ofthe roadway, with the MTDB Trolley Station comprising the remainder ofthe fÌ'ontage.
Palomar Street in this area is striped with three lanes in each direction, with left turn pockets at each
of the median openings for the major driveways into the commercial properties. Since the previous
survey was conducted in 1995, this portion of roadway has been widened fÌ'om a 64' Class 1
Collector roadway to the existing Six Lane Major that exists today. At the same time as roadway was
widened, the commercial development of the Palomar Trolley Shopping Center was developed on
the south side of the roadway and the commercial center on the north side was expanded. The
MTDB Trolley Station was also redesigned and two additional traffic signals were added in this
segment at the same time the area was redeveloped. Those traffic signals are located at the entrance
to the Trolley Center Shopping Complex and at the entrance to the MTDB Trolley Station.
With the creation of additional shopping areas and the reconstruction of the Trolley Station, the
number of pedestrian and vehicle trips, from the shopping center onthe north side of the street to the
shopping center and trolley station on the south side, have both increased significantly. Prior to the
redevelopment in this area, the ADT volume was 27,000 vehicles per day and the 85th percentile
speed was 40 M.P.H. Since this new development was constructed, the ADT volume has increased
to 31,000 vehicles per day, and the 85th percentile speed has dropped to 33 M.P.H. While speeds
have decreased in this area, the accident rate for this segment has increased to 2.59 accidents per
million vehicle miles traveled, which is higher than the statewide average for similar roadways of
2.28 accidents per million vehicle miles traveled.
CONCLUSION:
Based on the above data, as well as other roadway characteristics outlined in the
Engineering/Traffic Survey, staff has determined that the appropriate speed limit should be posted
at 35 M.P.H. in accordance with the California Vehicle Code requirements. This posting ofa 35
M.P.H. speed limit in this segment will make the posting of this area consistent with the portion of
Palomar Street /Tom Broadway to Hilltop Drive, and will provide a uniform posting throughout the
developed areas of the street. The current survey, which is attached to this report, will expire on
January 2, 2008. It is recommended that Schedule X of the register maintained in the office of the
City Engineer be revised as follows:
10.48.020 Schedule X - Established Speed Limits in Certain Zones - Designated
Name of Street I Beginning At I Ending At I Proposed Speed Limit
Palomar Street I Industrial Boulevard I Broadway I 35 MPH
FISCAL IMPACT: The cost to replace signs and pavement legends is $150.00.
Attachments: 1. Area Plat
2. Basic Speed Law
3. Speed Limit Establishment Process
4. Enforcement
5. Speed Limit - Engineering/Traffic Survey
File 0760-95-CY-O29
J:\Enginecr\AGENDA \P ALOMAR35 - DMW.doc
3~2,
- ---_._._-_._..~_._---_.-
Created By: Title:
Dennis M. Wolfe
Date Created: AREA PLAT
May 22, 2001
3-3
- --------------....-.-.
ATIACHMENT Z,
Basic Speed Law
Speed limits in California are governed by the California Vehicle Code, Sections 22348 through
22413, and Section 22350, The Basic Speed Law, of the Vehicle Code. This Basic Speed Law
provides that no person shall drive a vehicle upon a highway at a speed greater than is
reasonable or prudent, having due regard for weather, visibility, traffic and the surface and
width of the highway, and in. no event at a speed which endangers the safety of persons or
property. The basic speed law is founded on the belief that most motorists are able to modify
their driving behavior properly, as long as they are made aware of the conditions around them.
Section 22358.5 of the Vehicle Code states that it is the intent of the Legislature that physical
conditions such as width, curvature, grade and surface conditions, or any other condition readily
apparent to the driver, in the absence of other factors, would not require special downward
speed zoning. The speed limit normally should be established at the flfst five mile per hour
increment below the 85th percentile speed. However, in matching existing conditions with the
traffic safety needs of the community, engineering judgement may indicate the need for a further
reduction of five miles per hour. The factors justifying such a further reduction are the same
factors mentioned above. Whenever such factors are considered to establish the speed limit,
they should be documented on the speed zone surveyor the accompanying engineering report.
In determining the speed limit which is most appropriate to facilitate the orderly movement of
traffic and is reasonable and safe, important factors are prevailing speeds, unexpected conditions,
and accident records. Traffic regulations are based upon observations of the behavior of groups
of motorists under various conditions. Generally speaking, traffic regulations that reflect the
behavior of the majority of motorists are found to be most successful. Laws that arbitrarily
restrict the majority of drivers. encourage wholesale violation of posted restrictions, lack public
support and usually fail to bring about the desired changes in driving behavior. This is
especially true of speed zoning. Before and after studies consistently demonstrate that there are
no significant changes in traffic speeds following the posting of new or revised speed limits.
California Vehicle Code (CVC) Sections 22357 and 22358 authorize local authorities to establish
intermediate prima facie speed limits on streets and roads under their jurisdiction, on, the basis
of an Engineering and Traffic Survey. These state laws permit local authorities to lower the
maximum speed limit (currently 55 M.P.H., however, as of after March 31, 1996, this prima
facie speed limit will increase to 65 M.P.H.) or to raise business or residence district speed
limits (25 mph) on the basis of an Engineering and Traffic Survey. These "intermediate limits"
between 25 and 65 mph must be posted to derIDe clearly the limits of the zone and the prima
facie speed limit established. Speed Trap-Section 4O802(b) provides that prima facie speed limits
established under Sections 22352(b)(1), 22354, 22357, 22358 and 22358.3 may not be enforced
by radar unless the speed limit has been justified by an Engineering and Traffic Survey within
the last five years. An "Engineering and Traffic Survey" is required where enforcement
involves the use of radar or other electronic speed measuring devices, under evc 4O802(b).
3~Y:
--_.------- .--'"
ATTACHMENT. ?J
The Sneed' .imit Establishment Process
Speed limits should be established preferably at or near the 85th percentile speed, which is
defmed as a speed exceeding that which 85 percent of the traffic is moving. The 85th percentile
is often referred to as critical speed. Speed limits higher than the 85th percentile are not
generally considered reasonable and safe and limits significantly below the 85th percentile do
not facilitate the orderly movement of traffic. Speed limits established on this basis conform to
the consensus of those who drive highways as to what speed is reasonable and safe, and are not
dependent on the judgement of one or a few individuals. Realistic speed zones will invite public
compliance by conforming to the behavior of the majority and by giving a clear reminder to the
non-COnforming violators. These realistic zones will also offer an effective enforcement tool to
the Police Department by clearly separating the occasional violator fÌ'om the reasonable majority.
The basic intent of speed zoning is to influence as many drivers as possible to operate at or near
the same speed, thus reducing the number of conflicts created by wide differentials in operating
speeds. Only when roadside development results in traffic conflicts and unusual conditions
which are not readily apparent to drivers, are speed limits somewhat below the 85th percentile
warranted. Realistic speed zoning is a Traffic Engineering tool used to derive the best traffic
service for a given set of conditions.
~, .-
While the basic speed law states that no person shall drive at a speed greater than is reasonable
or prudent, the majority of drivers comply with this law, and disregard regulations which they
consider unreasonable. It is only the top fringe of drivers that are inclined to be reckless and
unreliable, or who have faulty judgement and must be controlled by enforcement. Speed limits
set at or slightly below the 85th percentile speed provide law enforcement officers with a means
of controlling the drivers who will not conform to what the majority considers reasonable and
prudent. Experience has shown that the 85th percentile speed is the one characteristic of traffic
speeds most nearly conforming to a safe and reasonable speed limit. Speed limits set higher than
the critical speed will make very few additional drivers "legal" for each 5 M.P.H. that the
posted speed limit is increased. Speed limits lower than the critical speed will make a large
number of reasonable drivers "illegal" for each 5 M.P.H. increment that the speed limit is
reduced. For practical purposes, the 5 M.P.H. increment at or immediately below the 85th
percentile is the numerical value best selected for the posting of a realistic and legally
enforceable speed limit.
3-5
A TI ACHMENì' ...L.
Enforcement
Concurrence and support of enforcement officials are necessary for the successful operation of a
restricted speed zone. Realistic speed zones tend to minimize public antagonism toward police
enforcement of obviously unreasonably low speed limits. By posting and enforcing the
appropriate speed limits, local authorities invite the public to comply with the reasonable behavior
of the majority of the public, while giving a clear reminder to the non-conforming violators.
These regulations also offer an effective enforcement tool for the local police by clearly
distinguishing the intentional violator from the reasonable majority.
The establishment of a speed limit of more than 5 mph below the 85th percentile (critical) speed
should be done with great care as this may make violators of a disproportionate number of the
reasonable majority of drivers.
"
M:\HOME\ENGINEER \ llW'FIelENFOR CE.FXR
-3- t,
-- --- ----- ------------- ---..---
¡,\TTACHMEN1'. "5
SPEED LIMIT - ENGINEERING/TRAFFIC SURVEY
STREET: Palomar Street
LIMITS: Industrial Blvd. to Broadway
Length of Segment(ft): 2,171' (.411 miles) along centerline
Existing Posted Limit (mph): 40mph
SUMMARY OF SPEED SURVEYS
Segment: Palomar St. (300' E 1-5 Ramp)
Date Taken: 1/2/2001
No. of Vehicles on Sample (cars): 100
85th Percentile (mph): 33mph
Range of Speeds Recorded (mph): 20-36mph
ROADWAY CHARACTERISTICS
Width (ft): 90' curb to curb (2' -22' raised median)
Total No. of Lanes: 6 total lanes (3 per direction with left-tum pockets)
Horizontal Alignment: 200' Radius over 87' along the centerline at the easterly end of Palomar St.
Vertical Alignment: Less than 2% grade
TRAFFIC CHARACTERISTICS
Average Daily Traffic: 30,827(year 2000)
On-Street Parking: Not allowed.
Special Conditions: Shopping centers are located on both sides of Palomar Street; a trolley station is
located at the southeast corner of Palomar and Industrial Blvd; Posted Bike
Route along south side of Palomar Street.
Accident History: The accident rate at this segment is (2.59 per million vehicle miles) which is
higher than the average rate of (2.28) for sirnilar highways in the State of
California.
SURVEY RESULTS
Study was Prepared by: Patrick Moneda
Date: 1/16/2001
Recommendation: Change Posted Limit to 35 M.P.H
Date Recommendation Approved: 05/~?ct:>/
By: Maíed A. AI-GhafTy, P.E., T.R
Approved Speed Limit (mph): 35 M.P.H.
Per CVC 40803, Survey Expires: 1/2/2008
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CITY OF CHULA VISTA - VEHICLE SPEED SURVEY
SEGMENT UNDER STUDY Palomar Street (Industrial Blvd. . Broadway)
DATE 1/2/2001 SURVEY SITE Midpoint of SeQment POSTED SPEED 40mph
TIME START 2:00 PM TIME END 2:25 PM WEATHER Clear
DIRECTION: West = 0 East = I
MPH 5 ----;-õ ------;s 20 TOTAL % CUM %
45
44
43
42
41
40
39
38
37
36 \ 1 1 100
35 0 \ \ 3 3 99
3400\\\ 5596
~~~~~~.§~.~...~..~~...~-"&ft
32000\\\ 6 6 84
3100\\\\ 6 6 78
30000\\\\\ 8 8 72
290000\\\ 7 7 64
2800000\\\\ 9 9 57
2700000\\\\ 9 9 48
26000000\\\\ 101039
250000\\\\ . 8829
24000\\\ 6621
2300000\\ 7715
2200\\\ 558
21 0 \ 2 2 3
20 \ 1 1 1
19
18
17
16
15
14
13
12
11
10
9
8
7
6
RECORDER: TOTAL NUMBER OF VEHICLES: 100
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3-£
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
ESTABLISHING A 35 MPH SPEED LIMIT ON PALOMAR
STREET BETWEEN INDUSTRIAL BOULEVARD AND BROADWAY
AND AMENDING SCHEDULE X OF THE REGISTER AS
MAINTAINED BY THE OFFICE OF THE CITY ENGINEER
WHEREAS, based on the provisions of California Vehicle Code
Section 40803, and pursuant to authority under Chula Vista Municipal
Code Section ~0.48.020, the City Engineer has determined that based on
a Traffic Engineering Study, the speed limit on Palomar Street between
Industrial Boulevard and Broadway be decreased from the existing posted
40 MPH to 35 MPH.
NOW, THEREFORE, the City Council of the City of Chula vista
does ordain as follows:
SECTION I: That Schedule X of a Register of Schedules
maintained by the City Engineer as provided in Section 10.48.020 of the
Chula Vista Municipal Code, Established Speed Limits in Certain Zones -
Designated, is hereby amended to include the following changes:
Chula vista Municipal Code Section ~O.48.020 - SCHEDULE X
ESTABLISHED SPEED LIMITS IN CERTAIN ZONES
Name of Street Beginning At Ending At Proposed
Speed Limit
Palomar Street Industrial Broadway 35 MPH
Boulevard
SECTION II: This ordinance shall take effect and be in full
force on the thirtieth day from and after its adoption.
Presented by Approved as to form by
11 0lÆ- hnJU;tA.- ¡::(')~
John P. Lippitt John M. Kaheny 3
Director of Public Works City Attorney
J, \lorraine\OR\SPEED .EST
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COUNCIL AGENDA STATEMENT
Item: 4
Meeting Date: Julv 17, 2001
ITEM TITLE: Resolution waiving the City's formal bidding process and
approving a first amendment to a three-party agreement between the City
of Chula Vista; RECON, Consultant; and The EastLake Company,
LLC, Applicant, related to mitigation monitoring services to be rendered
for EastLake III Woods and Vistas, and for additional costs incurred
during the preparation of the traffic study for the EastLake III Woods
and Vistas Final Subsequent Environmentallmpact Report, EIR 01-01,
and authorizing the Mayor to execute said First Amendment
SUBMITTED BY: Director of Planning and Building ~l
REVIEWED BY: City Manager t',!¿ ~~ (4/Sths Vote: Yes_No.JL)
{_,I)I
In compliance with State Law, a Mitigation Monitoring and Reporting Program (MMRP) is
proposed to be adopted by the City Council for the EastLake III General Development Plan
(GDP) Amendment and the EastLake III Woods and Vistas Sectional Planning Area (SPA) Plan.
State Law requires public agencies to adopt such programs to ensure effective implementation of
mitigation measures. This report requests that the City Council approve the proposed contract
amendment with RECON for a total of $195,200 to provide consulting services as the
Environmental Monitor Specialist for the EastLake III Woods and Vistas for a period of five
years and to pay for additional costs incurred for the preparation of an Addendum to the
EastLake III Final Subsequent Environmental Impact Report, EIR 01-01.
RECOMMENDATION:
That the City Council adopt Resolution approving a first amendment to the three -party
agreement between the City of Chula Vista; RECON; and The EastLake Company, LLC for
environmental consulting services for mitigation monitoring services to be rendered for EastLake
III Woods and Vistas and for additional costs incurred for the preparation of an Addendum to
EIR-OI-01.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Background
On March 21,2000, per the attached Resolution (Resolution 2000-093) the City Council waived
the bidding process and approved a three party agreement ("the original Agreement") between
the City, the EastLake Company, LLC (Applicant), and RECON (Consultant) for consulting
services related to the preparation of a Final Subsequent Environmental Impact Report for
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Page 2, Item No.: -
Meeting Date: July 17,2001
EastLake III Woods and Vistas Replanning Program (EIR 01-01). In accordance with the
original Agreement, RECON completed EIR 01-01, which is proposed to be certified by the City
Council on July 17, 200 I. EIR 01-01 includes a MMRP as required by State Law. City staff in
the Environmental Planning Section will supervise the mitigation monitoring tasks in the adopted
MMRP for EastLake ill. However, City staff resources are insufficient to perform all
monitoring tasks. In particular, mitigation monitoring requires the services of a biologist
specifically experienced with Otay Tarplant restoration plans as well as restoration plans for
other narrow endemic plant species. Therefore, staff recommends that a consultant be retained
to assist in the implementation of the MMRP.
This consultant would function as the Environmental Monitor Specialist for the City of Chula
Vista. The Environmental Monitor Specialist will provide additional services as needed related
to EastLake III Woods and Vistas, including overseeing the implementation of the applicable
conditions of the MMRP and assistance with the preparation of an Initial Study and any other
necessary environmental documents for the Tentative Map.
Staff is also recommending an amendment to the existing Agreement to cover additional costs
incurred for the preparation of an Addendum to EIR 01-01. During the preparation of the
Addendum, Linscott, Law, & Greenspan (LLG) the approved Traffic Subconsultant to RECON,
attended twenty five (25) additional meetings beyond the anticipated original scope of work and,
at the City's request prepared an Addendum to supplement the Transportation and Traffic
Circulation analysis of EIR 01-01. The Addendum provided additional information and analysis
concerning buildout traffic volumes and levels of service that would result assuming that the
Otay Ranch GDP is developed as adopted.
Consultant Services Selection Process
The Environmental Review Coordinator and the project applicant have determined that RECON
has demonstrated a unique and comprehensive familiarity with the project area and the MMRP,
which is necessary for timely and adequate biological mitigation monitoring. Additionally,
RECON has demonstrated unique qualifications to serve as the Consultant for this contract
because of their experience and expertise with Otay Tarplant restoration plans (as well as
restoration plans for other narrow endemic plant species), experience with the resource agencies,
grasp of the project's complexities, and project experience within this region. It is staffs
recommendation that the City Council waive the City's bidding process on the grounds that
competitive bidding is impractical and that it is in the City's best interest to retain RECON as a
consultant. Staff therefore recommends waiving the normal consultant selection process for the
following reasons:
I. RECON was originally under contract to prepare the EastLake III Woods and Vistas
Replanning Program Final Subsequent EIR, EIR-OI-Ol and MMRP.
2. As specified under the original Agreement, RECON has conducted field research, reviewed
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Page3,ItemNo.:-
Meeting Date: July 17, 2001
project plans, and coordinated with resource agencies. RECON as the Environmental
Monitoring Specialist (biologist) will provide continuity, result in a more timely and efficient
processing of plans, and result in the successful implementation of the Mitigation Monitoring
Reporting Program.
3. RECON has demonstrated an understanding of all permit conditions and site-specific project
requirements.
4. Cost estimates by RECON have been reviewed and are found to be reasonable by staff and
the applicant.
The Consultant represents that they are experienced and staffed in a manner such that they can
prepare and deliver the required services to the City within the necessary time fÌ'ames. The
Environmental Review Coordinator has negotiated the details of these agreements in accordance
with procedures set forth in Section 6.5.2 of the Environmental Review Procedures.
Scope-of-Work
Under an amendment to the original Agreement with the City of Chula Vista and the project
applicant, RECON will function as the EastLake III Woods and Vistas Environmental Monitor
Specialist for the City of Chula Vista under the supervision of the City's Environmental
Review Coordinator. The responsibilities of the Environmental Monitor Specialist will include
the review of the EastLake Woods and Vistas Tentative Map and Grading Plans for conformance
to the requirements of the mitigation monitoring program, the preparation of an Initial Study and
Addendum to the Subsequent Environmental Impact Report (if determined appropriate),
attendance at team review meetings both during the planning and construction phases of the
project, and the review and monitoring for several technical issues such as biological resources,
noise and cultural resources. In addition to all conditions pertaining to the EastLake Woods and
Vistas, the applicable MMRP conditions to be monitored under this agreement will include any
actions related to the Panhandle portion of the EastLake III GDP area.
RECON will review and monitor the mitigation plans for Diegan coastal sage scrub, wetlands,
non-native grasslands, Otay tarplant and other biological resources requiring mitigation in the
MMRP. RECON will conduct site visits and monitoring of on-site, daily grading/construction
activities to monitor compliance with all project permit conditions, site-specific project
requirements, construction schedules, and the environmental quality control requirements.
RECON will advise contractors of and ensure compliance with all appropriate permit
conditions, review all grading/construction impact mitigation and if need be propose additional
mitigation measures, and require correction and remedying of activities observed that violate
project environmental conditions or that represent unsafe or dangerous conditions.
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Page 4, Item No.: -
Meeting Date: July 17, 2001
Contract Payment:
The amount for this contract amendment is $185,000 over 5 years for mitigation monitoring
services and $10,200 for additional cost incurred by RECON's Subconsultant LLG for the
preparation of an Addendum to EIR 01-01 at the City's request. The total not-to-exceed
contract amendment amount is $195,200. The project applicant will also reimburse any City
staff time associated with implementation of the MMRP through a separate deposit account.
FISCAL IMPACT: There would be no impact to the General Fund. The project applicant,
The EastLake Company, LLC, through a deposit account, will pay RECON's consulting fees.
Attachments
Original Three Party Agreement & Resolution
U
I
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Three Party Agreement
Between
- . City of Chula Vista
RECON Environmental, Inc. (RECON), and
The EastLake Development Company, Applicant
For Consulting Work to be Rendered
-- with Regard to Applicant's Project
1. Parties.
This Agreement is made as of the reference date set forth in Exhibit A, for the purposes
of reference only, and effective as of the date last executed by the parties hereto, between the
City of Chula Vista ("City") herein, a municipal corporation of the State of California, the person
designated on the attached Exhibit A as "Consultant" RECON whose business form and address
is indicated on the attached Exhibit A, and the person designated on the attached Exhibit A as
"Applicant" EastLake Development Company whose business form and address is indicated on
the attached Exhibit A., and is made with reference to the following facts:
2. Recitals, Warranties, and Representations.
2.1 WarrantY of Ownership.
Applicant warrants that Applicant is the owner of land ("Property") commonly known as,
or generally located as, described on Exhibit A, Paragraph I, or has an option or other
entitlement to develop said Property.
2.2 Applicant desires to develop the Property with the Project described on Exhibit A,
Paragraph 2, and in that regard, has made application ("Application") with the City for approval
of the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3.
2.3 In order for the City to process the Application of Applicant, Work of the general
nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed.
2.4 City does not presently have the "in-house" staff or resources to process the
application within the time fÌ'ame requested for review by the Applicant.
2.5 This Agreement proposes an arrangement by which Applicant shall retain, and be
liable for the costs of retaining,€onsultant,-who shall perform the. services required of
Consultant by this Agreement solely to, and under the direction of, the City.
2.6 Additional facts and circumstances regarding the background for this Agreement
are set forth on Exhibit B.
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3. Agreement.
NOW, TIffiREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT, AND APPLICANT AS FOLLOWS:
3.1 Emplovrnent of Consultant by Applicant
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole~ost
and expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all
of the services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of
Consulting Services," ("General Services"), and in the process of performing and delivering said
General Services, Consultant shall also perform to and for the benefit of City all of the services
described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work," ("Detailed Services"),
and all services reasonably necessary to accomplish said General Services and Detailed Scope of
Work, and shall deliver such documents required ("Deliverables") herein, all within the time
fi:ames herein set forth, and in particular as set forth in Exhibit A, Paragraph 6, and if none are
set forth, within a reasonable period of time for the diligent execution of Consultant's duties
hereunder. Time is of the essence of this covenant.
The Consultant does hereby agree to perform said General and Detailed Services to and
for the primary benefit of the City for the compensation herein fixed to be paid by applicant
In delivering the General and Detailed Services hereunder, the consultant shall do so in ¡,
good, professional manner consistent with that level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions and in similar locations,
at its own cost and expense except for the compensation and/or reimbursement, if any, herein
promised, and shall furnish all of the labor, technical, administrative, professional and other
personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation,
office space and facilities calculations, and all other means whatsoever, except as herein
otherwise expressly specified to be furnished by the City or Applicant, necessary or proper to
perform and complete the work and provide the Services required of the Consultant.
3.2 Compensation of Consultant
Applicant shall compensate Consultant for al(~ervices rendered by Consultant without
regard to the conclusions reached by the Consultant, and according to the terms and conditions
set forth in Exhibit" C _adjacent to the- governing c~mpensation--relationship indicated-by a
- -"tbeclönark" next to the appropriate arrangement, by paying said amount to the City, within 15
days of Applicant's billing, or in accordance with the security deposit provisions of Paragraph
3.3 and Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly,
not later than 15 days, or in accordance with the Bill Processing procedure in Exhibit C, if
checked, pay said amount to the Consultant City is merely acting in the capacity as a conduit
for payment, and shall not be liable for the compensation unless it receives same fÌ'om Applicant.
Applicant shall not make any payments of compensation or otherwise directly to the Consultant.
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3.2.1 Additional Work. If the Applicant, with the concurrence of City,
determines that additional services ("Additional Services") are needed fÌ'om Consultant of the
1ype Consultant is qualified to - render or reasonably related to the Services Co~ultant - is -
-otherwise required to -provide by this Agreement, the Consultant agrees to provide such
additional services on a time and materials basis paid for by Applicant at the rates set forth in
Exhibit C, unless a separate fixed feé is otherwise agreed upon in writing for said Additional
'York between the p!I!'ìÌes.
3.2.2 In the event that the City shall deterrnÌl!e that additional_work is required -
- {o be performed above and beyond the: scope of work herein provided, City will consult with
Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to
arrange and pay for said Additional Services, the City may, at its option, suspend any further
processing of Applicant's Application until the Applicant shall deposit the City's estimate of the
costs of the additional work which the City determines is or may be required. Applicant shall
pay any and alJ additional costs for the additional work.
3.2.3 Reductions in Scope of Work. City may independently, or upon request
fÌ'om Consultant, fÌ'om time to time reduce the Services to be performed by the Consultant under
this Agreement, deposit the amount indicated on Exhibit C as "Deposit Amount" with the City,
as trustee for Consultant, the conditions of such trust being as indicated on Exhibit C and as
hereinbelow set forth:
3.3 Security for Payment of Compensation bv Applicant.
3.3.1 Deposit. As security for the payment of Consultant by Applicant,
Applicant shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as
"Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as
indicated on Exhibit C and as hereinbelow set forth:
3.3.1. 1 Other T errns 0 f Deposit Trust
3.3.1.1.1 City shall also be entitled to retain from said
Deposit all costs incurred by City for which it is entitled to compensation by law or under the
terms of this Agreement.
3.3.1.1.2 All interest earned on the Deposit Amount, if any,
shall accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a
separate bank account, separately ~ccount for- saÍ_d deposit in one or more of its various bank
accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average
interest earned during the period on its general fund.
3.3.1.1.3 Any unused balance of Deposit Amount, including
any unused interest earned, shall be returned to Applicant not later than 30 days after the
termination of this Agreement and any claims resulting therefÌ'Om.
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3.3.1.1.4 Applicant shall be notified within 30 days after
the use of the Deposit in any manner. Nothing herein shall invalidate Use of the Deposit in thç
manner herein authorized.
3.3.1.1.5 At such time as City shall reasonably determine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount in such amount as City
shall reasonably specify, and upon doing so, applicant shall, within 30 days pay said amount
("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall
be governed by the same terms of trust governing the original Deposit.
3.3.2 Withholding of Processing. In addition to use of the Deposit as security,
in order to secure the duty of applicant to pay Consultant for Services rendered under this
agreement, City shall be entitled to withhold processing of Applicant's Application upon a
breach of Applicant's duty to compensate Consultant.
4. Non-Service Related Duties of Consultant.
4.1 Insurance.
Consultant represents that it and its agents, staff and subconsultants employed by it in connection
with the Services required to be rendered, are protected against the risk of loss by the fol1owin~ -
insurance coverages, in the following categories, and to the limits specified, policies of which a
issued by Insurance Companies that-have a Best's Rating of "'A, Class V" or better, or shall meet
with the approval of the City:
4.1.1 Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10.
4.1.2 Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit
applied separately to each project away from premises owned or rented by Consultant, which
names City and Applicant as an Additional Insured, and which is primary to any policy which
the City may otherwise carry ("'Primary Coverage"), and which treats the employees of the City
and Applicant in the same manner as members of the general public ("Cross-liability
Coverage").
4.1.3 Errors and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy.
4.2 Proof of Insurance Coverage.
4.2.1 Certificates of Insurance. Consultant shall demonstrate proof of coverage
herein required, prior to the commenCement of services required under this Agreement, by
delivery of Certificates of Insurance demonstrating same, and further indicating that the policies
may not be canceled without at least 30 days written notice to the Additional Insured.
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4.2.2 Policy Endorsements Required. In order to demonstrate the Additional
Insured Coverage, Primary Coverage and Cross-liability Coverage required under Con,sultant's
Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to
the City, The EastLake Company and Western Salt Company demonstrating same and naming
The EastLake Company and Western Salt Company as additional insureds.
-_.-
4.3 Public Statements.
AIl public statements and releases to the news media shall be the responsibility of the
City and the Applicant. The Consultant shall not publish or release news items, articles or
present lectures on the Project, either during the course of the study or after its completion,
except on written concurrence of the City and Applicant.
4.4 Communication to Applicant.
- - -
éoñsUitant-shaiI~ot' ~~unicate directly to the Applicant except in the presence of the
City, or by writing an exact copy of which is simultaneously provided to City, except with the
express consent of City. The Consultant may request such meetings with the Applicant to ensure
the adequacy of services performed by Consultant.
5. Non-Compensation Duties of the Applicant.
5.1 Document Access.
The Applicant shall provide to the Consultant, through the City, for the sue by the
Consultant and City, such documents, or copies of such documents requested by Applicant,
within the possession of Applicant reasonably useful to the Consultant in performing the services
herein required of Consultant, including but not limited to those described in Exhibit A,
Paragraph 7.
5.2 PropertY Access.
The Applicant hereby grants permission to the City and Consultant to enter and access
the Property, provided that the applicant is given forty-eight (48) hours notice prior to the City of
consultant entering the property, to take any borings, make any tests, conduct any surveys or
reconnaissance necessary to deliver the Services of Consultant, subject to the approval of the
Applicant. Consultant shall prompgy repair any ~e to the subject property occasioned by
such entry and shall mdemnify, defend,- and hold Applicant hanuless :fÌ'Om all loss, cost, damage,
expenses, claims, and liabilities inco~ection with or arising:fÌ'Om any such entry and access.
5.3 Communication to Consultant.
Applicant shall not communicate directly to the Consultant except in the presence of the
City, or by writing an exact copy of which is simultaneously provided to City, except with the
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express consent of City. The Applicant may request such meetings as they desire ",~th th
Consultant to ensure the adequacy of services performed by Consultant.
6. - Administnrtive Representatives.
Each party designates the individuals ("Administrators") indicated in Exhibit A.,
Paragraph &, aš said'-party's contract administrator who is authorized by said party to represent
them in the routine administration of this Agreement.
7. Conflicts of Interest.
7.1 Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer," Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions; and shall report his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of
Exhibit A., or if none are specified, then as determined by the City Attorney.
7.2 Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not- -.
make, or participate in making or in any way attempt to use Consultant's position to influence
governmental decision in which Consultant knows or has reason to know Consultant has a
fmancial interest other than the compensation promised by this Agreement,
8. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrantS
and represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission., and has determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
Agreement.
8.1 Promise Not to ACquire Conflicting Interests.
Regardless of whether Consultant is: designated as an FPPC Filer, - Consultant further
warrants and represents that Consultant will not acquire, obtain, or assume an economic interest
during the term of this Agreement which would constitute a conflict of interest as prohibited by
the Fair Political Practices Act.
8.2 Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will immediately advise the City Attorney of City if
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Consultant learns of an economic interest of Consultant's which may result in a conflict of
interest for the purpose for the Fair Political Practices Act, and regulations promulgated
thereunder.
8.3 Specific Warranties Against Economic Interests.
Consultant warrants.iIlld represents. that neither Consultant, ngr Consultant's immediate family
members, nor Consultant's employees or agents ("Consultant Associates") presently have any
interest, directly or in directly, whatsoever in the property which is the subject matter of the
Project, or in any property within ten (10) radial miles fÌ'om the exterior boundaries of the
property which is the subject matter of the Project, or ("Prohibited Interest").
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates by Applicant or by any other party as a result of Consultant's performance
of this Agreement: Consultant promises to advise- City of any such promise that may be made
dUring the Term ofthis Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited
Interest within the Term of this Agreement, or for twelve (12) months after the expiràtion of this
Agreement.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party, which may be in conflict with Consultant's responsibilities under this
Agreement.
9. Default of the Consultant for Breach.
This Agreement may be terminated by the City for default if the Consultant breaches this
Agreement or if the Consultant refuses or fails to pursue the work under this Agreement or any
phase of the work with such diligence which would assure its completion within a reasonable
period of time. Termination of this agreement because of a default of the Consultant shall not
relieve the Consultant fÌ'om liability of such default.
10. City's Right to Terminate Payment for Convenience, Documents.
IO.I Notwithstanding any other section or provision of this Agreement, the City shall
have the absolute right at any time- to termina.!e this Agreement or any -work to be performed
pursuant to this Agreement.
10.2 In the event of termination of this Agreement by the City in the absence of default
of the Consultant, the City shall pay the Consultant for the reasonable value of the services
actually performed by the Consultant up to the date of such termination, less the aggregate of all
sums previously paid to the Consultant for services performed after execution of this Agreement
and prior to its termination.
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10.3 The Consultant hereby expressly waives any and all Wùms for damage r -
compensation arising under this Agreement, except as set forth herein; in the event of SUCh
terromatlOn.
10.4 In the event of termination of this Agreement., and upon demand of the City, the
Consultant sball deliver to the City, all field notes, surveys, studies, reports, plans, drawings, and
all other materials and documents prepared by the Consultant in performance of this Agreement,
and all such documents and materials shall be the property of the City; provided however, that
the Consultant may retain copies for their own use and the City shall provide a copy, at
Applicant's cost, of all such documents to the applicant.
10.5 Applicant shall have no right to terminate Consultant, and shall not exercise any
control or direction over Consultant's work.
11. Administrative Claims Requirement and Procedures.
No suit shall be brought arising out of this Agreement, against the City, unless a claim
has first been presented in writing and filed with the City of Chula Vista and acted upon by the
City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula
Vista Municipal Code, the provisions of which are incorporated by this reference as if set fully
set forth herein.
12. Hold Harmless and Indemnification.
12.1 Consultant to Indemnify City and Applicant re Injuries.
Consultant shall defend., indemnify, protect, and hold harmless the City, its' elected and
appointed officers and employees and Applicant fÌ'om and against all claims for damages,
liability, cost and expense (including without limitation attorneys' fees) arising out of the
conduct of the Consultant, or any agent or employees, subcontractors, or others of City or
Applicant in connection with the execution of the work covered by this Agreement., except only
for those claims arising fÌ'om the sole negligence or sole willful misconduct of the City, its
officers, or employees, or Applicant., Consultant's indemnification shall include any and all
costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or
employees or Applicant in defending against such claims, whether the same proceed to judgment
or not. Further, Consultant at its own expense shall, upon written request by the City or
Applicant, defend any such suit or action brought against the City, its officers, agents, or
employees or Applicant., Consultants' indemnification of City and Applicant shall not be limited
by any prior or subsequent declaration by the Consultant.
12.2 Applicant to Indemnify City re Compensation of Consultant
Applicant agrees to defend, indemnify and hold the City hannless against and ftom any
and all claims, losses, damages, expenses or expenditures of City, including its elected officials,
officers, employees, agents, or representatives of the City ("City Indemnitees"), in any way
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resulting fÌ'om or arising out of the refusal to pay compensation as demanded by Consultant for
the performance of services required by this Agreement.
13. Business Licenses.
Applicant agrees to obtain a business license from the City and to otherwise comply with
Cpula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain
such business license and to comply with Chula Vista MunicipalCode, Title 5.
14. Miscellaneous.
14.1 Consultant not Authorized to Represent City.
Unless specifically authorized in writing by City, neither Consultant nor Applicant shall
have authority to act as City's agent to bind City to any contractual agreements whatsoever.
14.2 Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands, and requests to be sent to any party shall
be deemed to have been properly given or served if personally served or deposited in the United
States mail, addressed to such party, postage prepaid, registered or certified, with return receipt
requested, at the addresses identified for the parties in Exhibit A.
14.3 Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally required to
be given shall in itself create the right in the parties to any other or further notice or demand in
the same, similar, or other circumstances.
14.4 Entire Agreement.
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the
subject matter hereof. Neither this Agreement nor any provision hereof may be amended,
modified, waived, or discharged except by an instrument in writing executed by the party against
which enforcement of such amendment, waiver or discharge is sought.
Ca¡)aèitv òfParties. -- ~
14.5
Each signatory and party hereto hereby warrants and represents to the' other party that it
has legal authority and capacity and direction from its principal to enter into this Agreement; that
all resolutions or other actions have been taken so as to enable it to enter into this Agreement.
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14.6 Goverrring LawNenue.
This Agreement shall be governed by and construed in accordance with the laws of the
State of California. Any action arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State of California., and if applicable,
the-City of Chulâ-Nista, or as close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista-
.- Modification.
14.7
No modification or waiver of any provision of this Agreement shall be effective unless
the same shall be in writing and signed by the parties hereto, and then shall be valid only in the
specific instance and for the purpose for which given.
14.8 CoUIiterparts:
This Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one
instrument.
14.9 Severability. - .
In the event that any provision of this Agreement shall for any reason, be determined to
be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith
and agree to such amendments, modifications, or supplements to this Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the intentions of the parties as reflected herein.
14.10 Headings.
The captions and headings in this Agreement are for convenience only and shall not
define or limit the provisions hereof.
14.11 Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial
exercise of any right, power or privilege, on -the-part of the parties shall-operate as a waiver of
any rights herein contained. The making or the acceptance of a payment by either party with
knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of
any such breach..
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14.12 Remedies.
The rights of the parties under this Agreement are cumulative and not exclusive of any
rights or remedies, which the parties might otherwise have unless this Agreement provides to the
contrary.
..-
14.13 No Additional Beneficiaries.
Despite the fact that the required performance under this Agreement may have an affect
upon persons not parties hereto, the parties specifically intend no benefit therefTom, and agree
that no performance hereunder may be enforced by any person not a party to this Agreement. '
Notwithstanding the foregoing, this is a' three party agreement and the City is an express third
party beneficiary of the promises of Consultant to provide services paid for by Applicant.
- (End of Page. Next Page is Signature Page.)
..
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Signatuæ page
NOW T.H:BRBPORE. tbe parties herein, h8viDs road IUId undmtltood the - aDd
condifiOIIa of I:hù A¡p:'e8IIIaIt, do hereby c:xp¡es: ihek mm:eIII to the tmns heœof by øetting tIWr
hand h=Ic on the date lOt furtb adjacent thereto.
Pated: City of CIwla Vista:
Ðy:
, Shirley Horton. Mayor
Approved as to Fonn:
By:
Jobn M. ~y, City Attorney
Dated: -3(¡;S/oo Ccms:u1tal1t:
-} , RBCON Bnviromnontal, .Inc.
A California Cozptxation
B-Y:~
amnes S. Bull. Pte¡ident
Dated: 'il AS' / DO Applicant:,
The ~ Compaøy, u.c. a
:KK
>r-~
Guy ~
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EXHIBIT A
Reference Date of Agreement: March 14,2000
Effective Date of Agreement: March 21,2000
- - -
City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: RECON Environmental, Inc. (RECON)
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 4241 Jutland Drive, Suite 201, San Diego, CA 92117
Applicant: EastLake Development Company
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
(X) Other: A California Limited Liability Company
Address: 900 Lane Avenue, Suite 100, Chula Vista, CA 91914
I. Property (Commonly known address or general Description):
The property consists of an approximate 1,064 acre planned community in the eastern
territories of Chula Vista and is the final component of the EastLake Development.
EastLake ill is located at the east end of the City's eastern territories and is limited to the
east by upper and lower Otay Lakes Reservoir, to the north by the RoIling Hills Ranch
planned community, to thé -south by the atay Ranch planned community and the recently
apprövect. EastLake Business Center II and the Trails development to the west.
2. Project Description ("Project"): - -
The project involves three basic neighborhoods known as EastLake Woods, EastLake
Vistas, and the University site. The first component of the EastLake community was
originally approved in 1982 as EastLake L This area was expanded in the EastLake II
approval in 1989. Approval of East Lake III follows.
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Back!!roundiOverview
The required environmental review of the project will be met by the retention of: a
consultant, RECON to prepare an Environmental Impact Report. RECON's work
includes the preparation of technical studies, research, and analysis. RECON is
responsible for disclosing environmental impacts and determining which impacts are
significlmt. RECON will prepare mitigation measures to reduce or avoid impacts, a
mitigation and monitoring program in addition to CEQA Findings and Overriding
Considerations.
The proposed project consists of an amendment to the General Development Plan, a new
Sectional Planning Area (SPA) for EastLake III and other necessary approvals and
permits to fully plan and develop the property. An amendment to the Chula Vista General
Plan to establish consistency between the project and the City's general plan is also
required. These approvals are anticipated to complete the planning and approval process
for the entire EastLake property.
3. Environmental review is needed for the following entitlements:
A. Amendment of the City's General Plan
B. _Amendment to the EastLake III General Development Plan
C. Adoption of an EastLake III SPA Plan package.
4. General Nature of Consulting Services ("Services-General"):
RECON shall prepare an Environmental Impact Report and will provide services of the
general nature of consulting as stated under Project Description/Background Overview.
5. Detailed Scope of Work ("Detailed Services"):
A. Project Initiation
The Consultant's Project Manager, shall meet, upon request of the City, with City
staff and the applicant to review the proposed project and obtain project
information. For that meetÍngthe Consultant will prepare an environmental team
contact list and distribute it to all team members. This list will provide names,
phone numbers, addresses, and areas of responsibility and will include project
applicant representatives and CitY _staff as well as the Consultant's team members.
Immediately thereafter, the Consultant shall prepare the project description based
on materials provided by the City and the applicant. The Consultant shall also
assist staff in developing the project alternatives to be included in the EIR.. The
project description and the description of alternatives will be distributed by the
Consultant to all subconsultants as necessary, and will serve as a co=on basis
for analysis. In addition, the Consultant will augment, format, illustrate, and
incOlporate these descriptions into the EIR.
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As a result of the project initiation meeting, the time fÌ'ames for deliverables set
forth herein may be evaluated at the City's option and may be adjusted to meet
the needs of the City and the applicant.
B. Prepare Screencheck Draft EIR
-- ~1;ion of the EIR by the Consultant involvç:s research, analysis~ and writing
to address the environmental issues identified as potentially significant by the
City of Chula Vista for the project. Each issue will be addressed by the Consultant
in terms of the existing conditions, potential impacts, significance of impact and
mitigation measures. The EIR will analyze both project to ground and plan
(adopted GDP) to plan (proposed GDP and SPA) impacts. Whenever possible, the
Consultant's work will rely on existing studies and documents prepared for
previous Chula Vista and EastLake projects. Diligent efforts shall be made by the
Consultant to avoid duplication of effort and to use the existing documents in the
most efficient manner.
The following environmental issues shall be analyzed in the EIR: land use/
community character, visual quality/landform alteration, traffic, noise, biology
socioeconomic factors, public facilities, drainage, air quality, and geology and
soils, paleontology, cultural resources, as well as "thresholds" established by the
City of Chula Vista. The scope of work for each issue is provided below.
C. Land Use
Land use issues include the planning of the EastLake Vista and Woods
Neighborhoods for the EastLake III project. The applications submitted by
EastLake request amendments to the City's General Plan and EastLake III GDP,
adoption of the EastLake III SPA Plan. The land .use section of the EIR will
summarize these issues as they pertain to land use plans, development patterns,
and community character. To that end, the Consultant shall:
I. Provide mapping that clearly depicts the adopted Chula Vista General Plan
land uses, EastLake III General Development Plans affected Sectional
Planning Areas, EastLake Neighborhoods, and CitY Zoning. Also provide an
aerial__photograph and project vicinity map to show the existing developed
areas in EastLake and the project vicinity. Describe applicable goals and
policies fÌ'om the adopted EastLake Planned Community documents and City
General Plan. - -
2. Describe and assess the potential for land use compatibility and community
character impacts fÌ'om the proposed land uses both within EastLake and with
off-site areas (e.g., Rolling Hills Ranch, City Reservoir Lands, and Otay
Ranch). The interface of the proposed land use modifications with the
existing, approved, and future designated land uses will be addressed through
a compatibilitY analysis. The compatibility analysis will be based primarily on
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the discussions presented in the noise, biology, traffic circulation, fisc
impact evaluation, goals of the adopted General Plan and Genera.
Development Plan., and visual quality sections of the EIR.
3. Present a plan-to-plan and plan-to ground analysis as part of the technical
approach to land use. Tables shall be used to provide an evaluation as to
wñether the proposed project is in compliance with the pian goals and
objectives. This approach must ensure that any conflicts with specific plans
and polices are identified.
4. Describe the relationship of the proposed land use changes and policy
modifications with the adopted EastLake plans and policies; assess the
potential for significant land use planning impacts associated with the
proposed changes.
5. Develop recommendations for mitigation measures to reduce potentially
significant land use planning/community character impacts.
D. Visual Quality/Landforrn Alteration
Development of the EastLake Vistas and Woods Neighborhoods will change the
existing visual character of the site. The visual quality section of the EIR musL --
discuss the nature of that change, the extent of the grading needed to accomplis!
the proposed land use goals, and the future visual character of the resulting
development. To document this analysis, the Consultant shall include color
photographs and photo-simulations provided by the project applicant to show the
"before" and "after" effect of project development. The Consultant shall:
L Coordinate v.~th city staff and the project applicant to determine the locations
fÌ'om where the photographs/photo-simulations will be taken from.
2. Provide, in writing, as part of the EIR a discussion of the visual impact of
landform alteration necessary for the project based on a conceptual grading
plan for the Vistas and Woods Neighborhoods; describe earthwork estimates
and grading balance issues based on the concept grading plan included as part
of the SPA Plan prepared for the project; and grading for off-site
improvements will also be described in this section of the EIR.
3. Describe, in writing, as part of the EIR analysis, the potential for any visual
quality impacts from project area roadways (e.g., atay Lakes Road, Hunte
Parkway, and Olympic Parkway), based on field visit and the photo-
simulations provided by the project applicant. In addition, the visual effects
both to and fÌ'om Otay Lakes must be analyzed.
4. Discuss, in writing as part of the ErR, mitigation measures that may be
required to reduce the visual quality and landform alteration impacts if any are
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identified. These could include contour grading techniques for any
manufactured slopes and the project landscaping plan.
E. Traffic Study Technical Report
This section of the EIR will be prepared by Consultant based on the traffic report,
whicl:!..Consultant sh¡ill cause to have prepared by its subconsul~t LLG. The
specific areas, intersections, arterials, and street segments listed below are subject
to City approval. The consultants scope-of-work for the traffic report is as
follows:
1. Project Mobilization
. Attend, at the City's request, a kick-off meeting with City staff and the
applicant.
. Obtain prior traffic studies prepared for projects in the area bounded by
SR-54, I-80S, Mexico and the Otay Reservoir.
2. Existing Analysis
. Conduct AM, midday, and PM peak hour counts (or obtain ITom City
those traffic counts conducted after 1/1/98) for no more than 15
intersections as detemúned by the City Engineer~
. Determine 'the existing AM, midday and PM peak hour Levels of Service
at the key intersections as determined by the City Engineer using the 1997
Highway Capacity Manual.
. Obtain the most recent daily street segment traffic volumes in the area
bounded by 1-805, SR-54, Mexico and the Otay Reservoir, and other
identified CMP locations fÌ'om City, County, and CalTrans records.
Determine the existing daily Level of Service on at least 30 street
segments, based on the City's street segment table and as approved by the
City within the study area per Guidelines for Congestion Management
Program.
3. Project-to-groundAnalysis - -
. Estimate traffic volumes at the key intersections and street segments for
all study years chosen as determined by the City in the area bounded by 1-
805, SR-54, Mexico, and the Otay Reservoir, and other identified
Congestion Management Program (CMP) locations with the existing street
system and fully secured future network (i.e. portion of Olympic
Parkway).
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. Add project traffic onto the baseline condition described above.
. Analyze the intersections and street segments in the area bounded by 1-
805, SR-54, Mexico, the Otay Reservoir and other identified CMP
locations.
0-
. Estimate significant impacts. Recommend mitigation measures as
- "- -"-" necessary.
4. Project to Project Cumulative Analysis
. Determine and analyze by project-to-ground analysis (#3 above) the future
year scenarios, after obtaining approval by the City Engineer, that will be
analyzed in the traffic study. They may include Year 2002,)003,2004,
2005 with and Without SR-125, 2010, 2015, "2020, and buildout analysis
with various network and land use assumptions. Fifteen (15) analysis
scenarios are budgeted.
. Consultant will determine future traffic volumes for all scenarios at all key
intersections and street segments as" determined by the City Engineer. At
least 15 intersections and 30 to 50 street segments will be analyzed for - .-
each scenario.
. Determine the AM, midday, PM intersection and daily street segment LOS
for each scenario.
. Determine the intersection and street segment configuration necessary to
accommodate the anticipated traffic for each scenario.
. Determine the amount of traffic each phase of the project adds to each
intersection and street segment.
. Determine the significant impacts associated with the project for each
scenano.
. Recommend measures to mitigate impacts to below a level of significance
for each scenario. - -
. Assist with the planning and phasing ofintemal roadways, as requested by
City.
. For the entire project, conduct a Congestion Management Plan analysis on
the key arterials and freeways.
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5. PFFP - Related Analysis
. Work with City staff to determine an EDU threshold limit on up to fo).lf
roadway network links.
. Conduct modeling for up to four scenarios (which are included as part of
-- the 15 analysis scenarios mentioned in #4 - Project-to-Project cumulative
analysis, the first bullet), as determined by the City Engineer, both with
and without the subject network links.
. Analyze the project adjacent intersections and street segments, location-
methodology as determined by the City Engineer, to determine LOS with
and without the network link.
. Determine the EDU threshold, which triggers the need for each link and/or
intersection improvements- Thresholds will be detennined for four
network links and any intersection(s), which require mitigation-
. Incorporate the EDU threshold results into the traffic study dnd mitigation,
which may allow development beyond the threshold limit.
. Prepare a Public Facilities Financing Plan (PFFP) - level traffic phasing
analysis and incorporate into the traffic study-
. Work with the preparer of the PFFP to incorporate the results of the traffic
study into the PFFP until the PFFP document is finalized and approved by
the City.
6. Report preparationlResponse to Comments/Meetings
. Prepare a Draft Traffic Study Technical Report with the appropriate text,
tabular, and graphic material for review by the City.
. Revise the Draft Traffic Study Technical Report per City editorial
comments and prepare a Final Draft Traffic Report.
. Assist in the preparation of responses to comments on the traffic study.
- - -
. Prepare for and attend up to ten traffic meetings as requested by the City
during project processing. As requested by City these ten meetings are in
addition to the 25 meetings and hearings as described in Deliverable No.
15 below-
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. Also prepare for and attend five public hearings. As'trequested by Ci\',
these five public hearings are in addition to the 25 meetings and hearings
as described in Deliverable No. 15 below. ..
7. Traffic Analysis Chapter for the EIR
---- Prepare a' written summary of the tráffic study technicâJ report to be
..
inserted in the EIR.
F. Noise Technical Study
The Consultant will conduct on-site noise measurements to determine the ambient
noise level of the study area. Based on future site grading identified in the
proposed tentative map and the traffic volumes identified in the traffic study
technical report described above, - a noise analysis will be completed by
Consultant.
Community noise analysis will be completed by Consultant using the Federal
Highway Administration Noise Prediction Model STAMINA 2.0 version, to
determine the future community noise equivalent levels (CNEL) noise levels. The
future traffic conditions will be based on the ADT provided in the South Bay
buildout model fUll. Where necessary, mitigation measures will be recommended,
including berms, barriers, or setbacks, to reduce noise levels to below City
standards.
The Consultant will prepare a noise technical report in accordance with the City
of Chula Vista guidelines which describes the analysis methods, future conditions,
and recommended mitigation measures.
G. Biology Technical Report
The biology section of the EIR will be based on a biology technical report to be
prepared by Consultant and wetland delineation provided by the project applicant
thatwill be reviewed by the Consultant.
The Consultant will prepare an updated field survey of EastLake III property to
verify previously documented resources. Previous sensi!ive .species surveys of
the EastLalœ ill proJect site inClude a RECON 1999 directed survey for the state
endangered Otay tarplant (Hemizonia conjugens) and the federally-listed quino
checkerspot butterfly. The Consultant will use the 1999 survey information in
conducting an updated search for tarplant during the field check of the property.
The USFWS quino checkerspot protocol, which is approved by the USFWS for
the year 2000 will require the Consultant to prepare an updated survey for this
species. The Consultant will also conduct focused surveys for the western
burrowing owl (Speotyto cunicularia hypugaea), San Diego black-tailed
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jackrabbit (Lepus californicus benettii), and San Diego desert woodrat (Neotoma
lepida il11ermedia).
The tasks to be completed by the Consultant include the following:
1. Conduct a search of the records of the California Natural Diversity Data Base
(C.!Ùifornia Department ofFish and Game) to determine what sensitive species
have been reported :fÌ'om the vicinity of the project. Review other biological
documentation prov~e~_by the City.
2. Conduct a general biological resources survey of the approximately 1,000-
acre project area.
3. Prepare a vegetation map of the subject property showing natural plant
communities and the observed locations of rare and endangered species.
4. Record any inventoried biological resources located during the survey and
comply with the reporting requirements of the Natural Diversity Data Base.
5. Prepare a biological technical report, which describes biological resources
occurring on the property, assesses the impact of the proposed development
on the biological resources, and discusses mitigation measures, if necessary.
The technical report will describe the relationship of the project site to the
City's draft MSCP Subarea Plan. The report will also incorporate the results
of current sensitive species surveys (e.g., quino checkerspot butterfly).
6. Conduct focused surveys for the endangered Otay tarplant during the
blooming time of May to June.
7. Conduct focused surveys for burrowing owls, a state species of special
concern.
8. Conduct focused surveys for the San Diego desert woodrat, a state species of
special concern.
9. Conduct focused suìveys for the San Diego black-tailed jackrabbit, a state
species of special concern.
10. Additional studi-es or focused surveys may be required by the resources
agencies during the CEQA process. These and any other special studies
would only be conducted with additional authorization :fÌ'.om the client within.
II. Quino Checkerspot Butterfly (QCB) Habitat Assessment
Consultant shall:
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a. Assess the habitat for its potential to support the larval or adult life stage
of the federally listed Quino Checkerspot Butterfly (QCB) according to
the guidelines in the Survey Protocol for the Endangered Quino
Checkerspot Butterfly for the 2000 Field Season. During the site surVey
the Consultant's biologists will identifY and map the following habitat
components: host plants, nectar plants, open., sparsely vegetated areas, and
-'-- suitable topographic features.
b. During the site survey described above, the Consultants shall prepare a
map showing any appropriate habitat or babitat components for the QCB.
c. During the site survey, the Consultant shall prepare a brief written report
describing the methods and results of the habitat assessment, that will
include the required maps, photographs, and site descriptions as required
in the Survey Protocol for the Endangered Quino Checkerspot Butterfly
for the 2000 Field Season.
d. This scope-of-work is for a habitat assessment and does not include a
survey for the adult QCB during the flight period. If suitable habitat for
QCB is located on the site, then QCB adult focused surveys would be
required by the City. The anticipated scope of work for focused surveys
are described below.
12. Quino Checkerspot Butterfly Adult Focused Survey
If the results of the habitat assessment warrant it as determined by U.S. Fish &
Wildlife Service (USFWS) or if the Property is within the "Adult Focused
RECON Survey Area", an adult focused survey will be conducted by the
Consultant according to the USFWS Survey Protocol for the Endangered
Quino Checkerspot Butterfly for the 2000 Field Season. Ths survey shall be
conducted by Consultant at such time as USFWS directs Consultant to do so.
The surveys will generally consist of at least the following tasks to be
performed by Consultant on the 2000 protocol:
a. NotifY the USFWS in writing of the intent to conduct QCB adult surveys.
Provide the USFWS Carlsbad Office with the location of the site on a 7.5'
USGS topographic map and the names and permit numbers of the
biologists who will conduct the surveys.
b. Conduct focused surveys of the appropriate habitat on site five times
during the QCB flight season of spring 2000.
c. Prepare a written report describing the results of the survey. The report
shall contain all information required by USFWS in the 2000 protocol.
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d. Submit report to the City of Chula Vista immediately after the surveys are
completed.
e. Submit the report to USFWS within 45 days after surveys are completëd.
If QCB are located USFWS must be notified by telephone within one
working day and by letter within tWo working days.
H. Public Facilities
. The EIR will document existing public facilities for the project. A log of all
contacts described below will be made and references included in the EIR. The
Consultant shall:
1. Obtain the Public Facilities Financing Plan and incorporate a discussion of
phasing offacilities development into the EIR.
2. (:;oJ.J.tact the Chula Vista Elementary School District and Sweetwater Union
High School District to document the current emollment. student capacity,
and student generation rates for the affected elementary, junior high, and high
schools in the project area. Determine the student generation resulting from
the project based on the information provided by the school districts and
describe any potential school capacity impacts and mitigation measures for the
affected schools. The discussion of schools will also include an assessment of
proposed relocation of school facilities.
3. Discuss park and recreation demands in this section of the ErR. The project's
compliance with the City thresholds and EastLake Parks and Recreation
Master Plan must be addressed.
4. Contact the City of Chula Vista Engineering Department and the project
engineer to document the current capacity/sizing of the sewer lines, current
sewage generation rates for residential use, and any additional sewer facilities
in the project area that were discussed in the previous EIR. Based on this
information, determine the sewage to be generated by the residential project
and discuss any potential sewer capacity impacts and mitigation measures, if
necessary. Also, review the wastewater study provided by the project
applicant and incorporate the results of the study into the EIR.
5. Contact the Otaf Water DlstÏict to assess the issues associated with the
provision of potable and reclaimed water. Review the Subarea Master Plan
provided by the project applicant and incorporate the results into the ErR.
6. Based on review of existing documents and contact with the Chula Vista
Police and Fire Departments, describe current and anticipated response times,
facilities, and personnel. Determine whether the project would comply with
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the City of Chula Vista Thresholds Standards Policy, and describe mitigatio
measures, which would be required for the project.
1. Hydrology/Drainage/Water Quality
The Consultant shall prepare this section of the EIR, wrnch will rely on the most
recenLhydrology tec!mjcal studies. A Drainage Plan will be prepared by the
project applicant wrnch will include existing and proposed hydrological
conditions. The Drainage Plan win be reviewed and subject to approval by the
City of Chula Vista Engineering Department Consultant shall incorporate into the
EIR and the CEQA Findings of Fact the approved Drainage Plan. The
Consultant's scope-of-work includes the following:
I. Review the existing hydrology and drainage information contained in
previous EastLake environmental documents and other secondary sources in
order to describe the existing watershed/floodplain, storm drains, drainage
improvements, and detention features that exist within EastLake. Also contact
the City of Chula Vista Engineering Department to verify the current status of
planned and approved drainage improvements in the project area.
2. Detennine the potential for on- and off-site hydrologic impacts associated
with the proposed project based on information provided by the applicant
prepared in conjunction with the SPA Plan concept grading plan. Alsc
describe any modifications to the drainage features that would be anticipated
to accommodate the proposed land use changes.
3. Describe necessary National ponutant Discharge Elimination System
(NPDES) permitting requirements and best management practices (BMPs)
based on consultation with the City of Chula Vista Engineering Department
The Consultant will contact the Regional Water Quality Control Board
(RWQCB) regarding any updates to BMS. A list of BMPs appropriate and
drainage fee requirements for the project win be included as mitigation
measures in the EIR.
J. Air Quality Technical Report
The Consultant's analysis of air quality impacts will be based on the state and
federal ambient air quality star!d¥ds and on compatibility with the adopted air
quality plan for the area. Air quality impacts fall into two areas: (1) regional
impacts and (2) localize<! impacts. They are principally related to traffic on area
roadways and, to a lesser extent, to large construction projects,
Regional effects are the most crirical and stem fÌ'Om the regional popularion and
its distribution. These figures are based on SANDAG's growth projecrions and
are principally a factor of how much base employment there is and the economic
health of the region relative to the rest of the country.
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The Consultant will prepare a technical air quality report utilizing Regional Air
Quality Standards (RAQS) and the Triennial Update to evaluate existing air
quality in the San Diego Air Basin and project consistency with the state
Implementation Plan (SIP). The analysis of air quality impacts will be based on
the state and federal ambient air quality standards and on compatibility with the
adopted air quality plan for the area. The discussion shall address air emission
impacts fÌ'am project construction, developed candition, and motor vehicles. The
technical report will be included as an appendix and summarized in the EIR.
K. Cultural Resources Technical Report
Given the age of the most recent cultural resource reports on the property, the
Consultant will update the cultural resource evaluation for the site. The
Consultant will complete a site records and archival search at the South Coastal
- -. Inforrnatio!1. Genter _.at San Diego.State-University. and one at the San. Diego
Museum of Man to determine the current status of the property and the
surrounding area with regards to previously recorded sites or completed studies.
The Consultant shall review the previous cultural resource studies prepared for
the project site and camplete a pedestrian survey of the entire property to field
check prehistoric or sensitive historic-era sites, features, or isolates. Upon
completion of the fieldwork, the Consultant will prepare a technical report of the
methods, research, and field findings for submittal to the City of Chula Vista.
The report will be included as an appendix and summarized in the EIR.
L Geology and Soils
TIlls section of the draft EIR will be prepared by the Consultant based on the
geotechnical and hazardous material studies provided by the project applicant.
The Consultant will review the technical study prepared for the project and
summarize the results in the geology section of the EIR.
M. Paleontological Resources
Based on a review .of the Geotechnical Report for the project and other secondary
sources, the Consultant will ensure that the EIR will describe the an-site geologic
units with highest sensitivity for the presence of paleontological resources and the
potential for impacting those re¡;o!Jfces due to project development. Consultant
shall describe. any measures (i.e., monitoring of grading) necessary to mitigate
potential impacts.
N. Threshold Analysis
In an effort to preserve the City's quality of life, the City adopted a Growth
Management Ordinance (Chapter 19.09 of the Municipal Code) which contains
Quality of Life Threshold Standards for 11 facilities and improvements. These
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include fire and emergency medical service, police, traffic, parks and recreatic
drainage, libraries, air qUality, economics, schools, and sewer and water. TI.-
Consultant's scope of work for this section of the EIR will include the following:
L Describe the City's threshold goals and standards for each of the 11 facilities,
and review the current GMOC report.
--"
2. Based on the analyses presented in the public services and facilities section of
the EIR, summarize the project's consistency with the established thresholds
standards and determine if the requirements have been satisfied.
O. Alternatives
The project alternatives section, to be prepared by the Consultant, will be based
on the results of the project initiation process and impacts identified during the
preparation of the draft EIR and will include thè no 'project alternative arid a range
of lesser and greater development intensities. These alternatives will be developed
by the Consultant during the project initiation phase and will be refined in
conjunction with the assessment of potential impacts and needed mitigation
during the environmental review process. Development of alternatives will
require close consultation with the applicant and City staff.
P. Cumulative Impacts
The cumulative discussion in the EIR to be prepared by the Consultant will
include projects currently approved and reasonably anticipated in this area of the
county. The four most significant of these are Rancho del Rey, San Miguel
Ranch, Rolling Hills Ranch, and Otay Ranch. The EastLake III EIR to be
prepared by the Consultant win review impacts and mitigation associated with
these and other appropriate projects and discuss the cumulative effects. This
section of the EIR win consider and describe adopted plans and polices that are in
place which would mitigate cumulative impacts. As with other issues, the
discussion of cumulative effects as prepared by Consultant will be framed in light
of previous environmental impact reports prepared for EastLake as weB as. other
area projects. TIùs will insure equitable treatment of cumulative issues as well as
consistent analysis and detaiL
Q. Growth Inducement. .-
The EIR win specifically address growth-inducing effects, These' effects have
been considered previously, and the current discussion as prepared by. the
Consultant will review those discussions in light of the proposed land use change.
The actual completion of the plan, relative to the existing undeveloped character
of much of the property, will result in extension of services into currently rural
areas. Previous documents have addressed this issue, and these discussions will be
carried forward by the Consultant into the EIR.
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R. Mitigation Monitoring and Reporting Program
A mitigation monitoring ¡md reporting. program will be prepared based on
information presented in the draft EIR and submitted to City stafffor inclusion as
part of the draft EIR to be released for public review.
.-. .- ---
S. DraftEIR
The Consultant-will prepare two -revisions to the Screencheck d.iift EIR based on
written comments provided by the City. Comments on the draft EIR fÌ'om the
project applicant may also be considered by the City. Preparation of a third set of
revisions is an optional task, which would not occur without written authorization
fÌ'om the City. Revisions will be confirmed with the City and copies of the draft
report will be provided for public review.
. -
Documents .shallbe prepared by the Consultant in such a manner that they will be
meaningful and useful to decision-makers and the public. Technical reports will
be summarized in the appropriate section of the EIR and included as an appendix
to the EIR. A summary table of the project's impacts and mitigation measures will
be included in the EIR.
T. Final EIR
Following public review, the Consultant will meet upon City's request with City
staff and review all comments received. The Consultant will respond to public
review comments and submit the draft responses to the City for review. If
additional studies or analyses are requested by City as a result of the comments
received, the Consultant will complete those studies as directed by the City
following, City, Consultant and Applicant consultations regarding approval of
additional funding. Revisions to the responses to comments based on written City
staff comments will be prepared.
The Consultant will prepare and submit copies of the final EIR to the City of
Chula Vista as .set forth below.
The Consultant will prepare draft CEQA Findings for use by the City on
information in the draft EIR and project infonnation proviqed by the City and the
project applicant- If there are altèriJ.atives to the proposed project which could be
carried out to reduce the adverse impacts of the project but which are infeasible,
the consultant will prepare draft Findings describing the cite the possible social,
economic, or other reasons which render the mitigation measures or project
alternative infeasible.
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U Meetings and Hearings u
The Consultant must have in attendance Senior or Project Manager lev~i staff fud
necessary subconsuItants at meetings and hearings throughout this project to
complete the environmental process in a timely manner. This includes the weekly
team meetings held !it the City's offices. The Consultant wi]] at:tend up to 25
meetiÍÎgs during the processing of the project. In addition to the meetings needed
to complete the environmenta1 documents, public meetings and hearings will be
attended by the Consultant as described below:
. Resource Conservation Commission
. Planning Commission hearings on draft EIR
. Planning Commission
. City Council hearing
6. Schedule, Milestone, Time-Limitations within which to Perform Services:
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
Completion of all Consultant services: No later than -
Deliverable No.1: Draft and Final Notice of Preparation (NOP) March 28, 2000
Deliverable No.2: Traffic Study Technical Report (LLG) July 3, 2000
Deliverable No.3; Noise Technical Study July 3, 2000
Deliverable No.4; Air Quality Technical Report July 3, 2000
Deliverable No.5: Biology Technical Report July 3,2000
Deliverable No.6: Cultural Resources Technical Report July 3, 2000
Deliverable No.7: 1st Screencheck EIR (25 copies and 25 appendixes) July 3, 2000
- Deliverable Nò. 8; 2nd Screencheck EIR- (5 copies) Aug 22, 2000
Deliverable No.9: Final Screencheck EIR (5 copies) Sept25,2000
Deliverable No.1 0; Public Review Draft EIR (75 copies
[25 to be in 3-ring binders] and 25 appendixes) Oct 20, 2000
Deliverable No. 11: Notice of Completion (NOC) Oct 20, 2000
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Deliverable No. 12: Checkprint of Final EIR with Responses,
CEQA Findings and MMRP (15 copies)
Deliverable No. 13: Final EIR with Responses, Findings, and
MMRP (64 copies [25 to be in 3-ring binders] Feb 9, 2000
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Deliverable No. 14: Notice of Determination (NOD) Aug 8, 2001
Deliverable No. 15: Meetings and Hearings:
Weekly meetings will be held at the City offices. In addition the
Consultant will attend up to 25 meetings as scheduled by the City
during the processing of the project in addition to all public
meetings and hearings until both Planning Commission and City
Council take finaJ action on the project.
Ifno dates are set for deliverables, the deadline performance shall be July 3, 2000.
7. Documents to be provided by Applicant to Consultant:
( X ) site plans, ( X ) grading plans, ( ) architectural elevations, ( X ) project description,
( X ) other:
A. Proposed EastLake III SPA Plan and all related documents.
. Geology and Soils
. Hydrology and Drainage
. Public Facilities Financing Plan
. Fiscal Analysis
. Water Master Plan
. Amended EastLake III General Development Plan
. Sewer Master Plan
. Phase I Environmental Site Assessment
. EastLake III Sectional Planning Area (SPA) Plan
8. Contract Administrators:
City: Marilyn Ponseggi/Barbara Reid
276 Fourth Avenue, Chula Vista, CA 92010
(619) 691-5101
Applicant Guy Asaro
The EastLake Company
900 Lane Avenue, Suite 100, Chula Vista, CA 91914
(619) 421-0127
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Consultant: Charles S. Bull/Lee Sherwood ..
RECON EnVÍrOJ:unental, Inc. (RECON) "
4241 Jutland Drive, Suite 201, San Diego, CA 92117-3653
(619)270-5066
9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code~
(X) Not Applicable. Not an FPPC Filer.
() Category No.1 Investments and sources of income.
() Category No.2 Interests in real property
() Category No.3 Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of
the department.
() Category No.4 Investments in business entities and sources of income
which engage in land development, construction or the
acquisition or sale ofreal property.
_.
( ) Category No.5 Investments in business entities and sources of income of tlu
type which, within the past two years, have contracted with
the City of Chula VIsta (Redevelopment Agency) to provide
services, supplies, materials, machinery, or equipment.
() Category No.6 Investments in business entities and sources of income of
the type which, within the past two years, have contracted
with the designated employee's department to provide
services, supplies, materials, machinery, or equipment.
() Category No.7 Business positions.
10. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's LiabilityJnsurance coverage: $1,000,000
(X) Commercial General Liability Insurance: $1,000,000 (Best Rating of A V or
better)
City of Chula Vista named as additional insured.
Business Auto Liability, if not included in Commercial General Liability.
(X) Errors and Omissions Insurance: None Required (included in Commercial
General Liability coverage)
( ) Errors and Omissions Insurance: $250,000 (not included in Commercial General
Liability coverage).
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EXHIBIT B
Additional Recitals
WHEREAS, the Applicant has deposited or will deposit an initial sum for the
processing - oL requests for. proposals, draft and final ErR, and all other necessary
environmental documents as outlined in Exhibit "A" irii::luding a mitigation monitoring
program, and
WHEREAS, the City desires to hire RECON Environmental, Inc. (RECON) to
prepare An Environmental Impact Review (EIR), and
WHEREAS, formal bidding process for environmental consulting services was
conducted in October of 1997 for the replaruùng of 1,000 acres known as EastLake III,
and after the selection process was completed, the City selected RECON; and,
WHEREAS, the EastJake III Replarming Program has proceeded in phases as part
of the overall project as described in the original RFP. In addition, The Consultant's
qualifications and recent experience formulating environmental documents in the same
master planned community and for similar SPA amendment projects will contribute
significantly to the completion of the Project.
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EXHIBIT C -
Compensation ScheduJe and Deposit: Terms and Conditions
(X) Single Fixed Fee Arrangement.
For performance of all of fue General and Detailed Stò:rvices of Consultant as herein
required, Applicant shall pay a single fixed fee in the amounts and at the times or milestones set
forth below:
(X) Single Fixed Fee Amount: $293,450
Amount or Percent
Milestone or Event of Fixed Fee
L Signing of Contract $29,345.20 (10%)
2. Submittal of First Screencheck $117,380.80 (40%)
3. Clearinghouse starts public review $73,363.00 (25%)
4. Completion of Responses to Comments $44,017.80 (15%)
5. Completion of City Council's hearing on EIR $29,345.20 (10% Retention)
() Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the General and Detailed Services of
Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed
Fee Arrangement," Applicant shall pay the fixed fee associated with each phase of Services, in
the amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee
Arrangement"). Consultant shall not commence Services under any Phase, and shall not be
entitled to the compensation for a Phase, unless Applicant shall have issued a notice to proceed
to Consultant as to said Phase.
Fee for
Phase Said Phase
L $ -
2. $ -
3. $ -
4. $ -
() Time and Materials
For performance of the General and Detailed Services of Consultant as herein required,
Applicant shall pay Consultant for the productive hours of time and material spent by Consultant
in the performance of said Services, at the rates or amounts set forth hereinbelow according to
the following terms and conditions:
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() Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of the
General and Detailed Services herein required of Consultant for $ including all
Materials, and other-"reimbursable" -(Maximum Compensation'}
eX) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to $50,000.00
("Authorization Limit"), Consultant shall not be entitled to any additional compensation without
further authorization issued in writing and approved hy the City Council. Nothing herein shall
preclude Consultant fÌ'om providing additional Services at Consultant's own cost and expense.
Consultant's Rate Schedule
Emplovee Job Title Hourlv Rate
Expert Witness $200.00
Principal $125.00
Senior $96.00
Associate $84.00
Assistant $75.00
Research Assistant $48.00
Production Supervisor $52.00
Production Specialist ill $41.00
Production Specialist II $36.00
Production Specialist I $31.00
Graphic lllustrator III $46.00
Specialist III $77.00
Specialist II $67.00
Specialist I $57.00
Resource Monitor II $50.00
Resource Monitor I $40.00
Technician ill $31.00
Technician III $26.00
Technician I $21.00
Field Supervisor $27.00
Field Crew Chief $20.00
Field Technician $17.00
Unless otherwise agreed upon, the Consultant shall charge, at cost, for blueprinting and
reproduction desired by the client or public agencies, out-of-town transportation and expenses,
and telephone calls. An administrative fee of 10% shall be added to all subcontractor's charges.
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Cost Breakdown
Task Name - - Total Hours Total Cost
EIR - d-EIR - Document Preparation
Project Description 28 hours $2,920.
- Alternatives 48 hours - $4,840.
Existing/ImpactlMi ti gati on 224 hours $19,680.
Cumulative effects 40 hours $3,736.
Other Sections 28 hours $2,636.
Quality Control 16 hours $3,000.
Field visit 14 hours $1,160.
GPS/GIS 40 hours $3,360.
Production and graphics 100 hours $13,960.
Revisions 188 hours $17,544.
Sub-Total 766 hours $76,276.
Mitigation morutoring 28 hours $2,804.
Notices 8 hours $802.
Sub- Total 36 hours $3,606.
Total Document Preparation 762 hours $75,442.
f-EIR
Response to comments 268 hours $32,844.
Findings 60 hours $6,128.
Total 328 hours $38,972.
Meetings!consultation 162 hours $19,690.
Air 46 hours $3,666.
Biology survey 193 hours $15,752.
Cultural Resource Management (CRM) 212 hours $11,166.
Noise 124 hours $9,564.
Traffic (see note below) 0 $119,200.
Total 737 hours $179,038.
Time and Materials upon request of the City up to $50,000. .
TRAFFIC NOTE:
EastLake III Traffic Report - LLG
CQ~L¡md Time
The Consultant's fee for the services outlined in the "Cost Breakdown Table," will be
billed monthly for a total fee of$119,2oo. As outlined below the key to the cost estimation is the
number of scenarios, which require analysis as part of the "cumulative analysis: section of the
report. Fifteen (15) scenarios are assumed in this proposal. Each scenario is estimated to cost
$5,000.00 to analyze. Therefore, the overall cost could be decreased or increased based on the
final number of scenarios, which City Engineer determines must be analyzed.
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I. Project Mobilization $800.00
2. Existing Analysis $6,000.00
3:-- PToject-to-Ground Analysis $6,000.00
4. Cumulative Analysis $75,000.00
5. PFFP - Related Analysis $15,000.00
6. Report-PreparationiRêsponse to Comments $8,000.00
7. Meetings $5,000.00
8. Public Hearings $3 400.00
TOTAL $119,200.00
Materials Separately Paid for by Applicant
Cost or Rate
(X) Materials Actual
Reports
Copies
(X) Travel Actual
(X) Printing Actual
(X) Postage Actual
(X) Delivery Actual
(X) Long Distance Telephone Charges Actual
(X) Other Actual Identifiable Direct Costs Actual
Deposit
(X) Deposit Amount: $293.452 - Applicant agrees to deposit within 10 days of City request
to do so up to $50,000 for additional Time and Materials work.
(X) Use of Deposit to Pay Consultant
Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this
paragraph is "checked," upon City's receipt of billing by Consultant, and determination by City
in good faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold
City harmless and waive any claim against City, City shall pay Consultant's billing fÌ'om the
amount of the Deposit. If Applicant shall protest the propriety of a billing to City in advance of
payment, City shall consider Applicant's protest and any evidence submitted prior to the due
date for the payment of said bill by Applicânt in making its good faith determination of
propriety.
() Use of Deposit as Security Only; Applicant to Make Billing Payments
Upon determination by City made in good faith that Consultant is entitled to
compensation which shall remain unpaid by Applicant 30 days after billing, City may, at its
option, use the Deposit to pay said billing.
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() BiJl Processing:
A. Consultant's Billing to be submitted for the following period öftime:
() Monthly
(- ) -- -__Quarterly
(X) Other: Milestones
B. Day of the Period for Submission of Consultant's Billing:
() First of the Month
() 15th Day of each Month
() End of the Month
(X) Other: Upon completion of milestone
C. City's Account Number: 00892-2751/01090 -800000
16. Security for Performance
( ) Performance Bond, $
() Letter of Credit, $
() Other Security:
Type:
Amount: $
(X) Retention- If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention
Percentage" or "Retention Amount" until the City determines that the Retention
Release Event, listed below, has occurred:
(X) Retention Percentage: 10%
-- (X) Retention Amount: $29,789 -
Retention Release Event:
(X) Completion of all Consultant services to the satisfaction of the City.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA WAIVING THE CITY'S
FORMAL BIDDING PROCESS AND APPROVING A FIRST AMENDMENT
TO A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA
VISTA; RECON, CONSULTANT; AND THE EASTLAKE COMPANY,
LLC, APPLICANT, FOR MITIGATION MONITORING AND
ENVIRONMENTAL SERVICES TO BE RENDERED FOR EASTLAKE III
WOODS AND VISTAS, AND FOR ADDITIONAL COSTS INCURRED
DURING THE PREPARATION OF AN ADDENDUM TO THE EASTLAKE
III WOODS AND VISTAS FINAL SUBSEQUENT ENVIRONMENTAL
IMPACT REPORT, EIR 01-01, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID FIRST AMENDMENT
WHEREAS, on March 21, 2000, per Resolution No. 2000-093, the City
Council waived the bidding process and approved a three party agreement ("the
original agreement") between the City, the EastLake Company, LLC, and RECON for
consulting services related to the preparation of EIR-OI-0l, and
WHEREAS, the attendance of 25 additional meetings and preparation of an Addendum
EIR 01-01 was necessary and additional costs were incurred for the preparation of said
Addendum and the attendance at such meetings; and
WHEREAS, in accordance with the original Agreement, RECON completed
EIR 01-01 and on July 10, 2001 the City Council certified EIR 01-01 and adopted the
accompanying Mitigation Monitoring and Reporting Program (MMRP); and
WHEREAS, the implementation of the MMRP necessitates the expertise of an
Environmental Monitor Specialist and requires the hiring of a Consultant; and
WHEREAS, the Consultant is uniquely qualified to serve as the Consultant for this
project based on their experience and expertise with mitigation requirements for EastLake III,
having recently completed EIR-OI-0l and MMRP for the project; and
WHEREAS, the Consultant is uniquely qualified to serve as the Consultant for this
contract amendment based on their experience and expertise with Otay Tarplant restoration
plans as well as restoration plans for other narrow endemic plant species and on-site habitat,
their experience with the resource agencies, their grasp of the project's complexities, and the
firm's project experience within this region; and
WHEREAS, utilizing the City's formal bidding process is impractical because the
Consultant was formally chosen through the formal bidding process as the consultant to
prepare EIR 01--01; and
11 -1.} I
--- -~~-- ---~----------~-----
WHEREAS, the Consultant demonstrated the ability to perform while working as a
Consultant for EIR 01-01; and
WHEREAS, waiving the City's formal bidding process is in the City's best interest
because as the EIR consultant, the consultant is uniquely qualified to serve as the Consultant
for this contract amendment based on their past experience with the project, their familiarity
with permit conditìons and project requirements as well as their field research and
coordination with resource agencies; and
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental
Review Procedures.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby waive the City's bidding process and does hereby approve a First
Amendment to the three-party agreement between the City of Chula Vista; RECON
("Consultant") and The EastLake Company, LLC ("Applicant") for consulting services related
to the attendance of 25 additional meetings, the preparation of an Addendum to EIR 01-01 and
mitigation monitoring for EastLake III Woods and Vistas, 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 First Amendment to the original Agreement for and on
behalf of the City of Chula Vista.
Presented by Approved as to form by
p~~'~
Robert A. Leiter John. aheny C
Director of Planning and Building City Attorney
4-
. ..-.-..-----
FIRST AMENDMENT TO
The Three Party Agreement
Between
City of Chula Vista,
RECON, Consultant, and
The EastLake Company, LLC, Applicant
For Consulting Work to be Rendered
with regard to Applicant's Project
Recitals
The First Amendment is entered into effective as of July 17, 2001 by and between the City of
Chula Vista ("City"), The EastLake Development Company, LLC ("EastLake") and Regional
Environmental Consultants (RECON), with reference to the following Facts:
WHEREAS, the City, EastLake, and RECON entered into an agreement effective March
21, 2000, whereby RECON agreed to prepare a Subsequent Environmentallmpact Report (EIR
01-01) for EasltLake III Woods and Vistas Replanning Program ("the original Agreement"); and
WHEREAS, the parties have determined that it was necessary and appropriate to prepare an
Addendum to EIR 01-01 and attend 25 additional meetings related to the preparation ofthe EIR 01-
01, provide mitigation monitoring expertise, and prepare the anticipated Addendum for the Tentative
Map; and
WHEREAS, the parties negotiated the expanded Scope of Work; and
WHEREAS, it is in the City's best interest to waive the City's formal bidding process as well
as impractical, in that the City is in immediate need of an experienced Environmental Monitor
Specialist; and
WHEREAS, the parties now desire to amend the Agreement to expand the Scope of Work
required of RECON to prepare an Addendum to ErR 01-01 and attend 25 additional meetings,
provide mitigation monitoring expertise, and prepare the anticipated Addendum for the Tentative
Map.
NOW, THEREFORE, in consideration ofthe recitals and the mutual obligation ofthe parties
set forth herein, City, EastLake, and RECON agree as follows:
I. Exhibit A, Section 5.E.6 of the original Agreement, entitled Detailed Scope of Work
("Detailed Services"), is hereby amended to revise the 4'h task to read:
Three Party Agreement, First Amendment
71\0/01 Page 1
if -4::;;
--"-- .-..---"
Prepare for and attend up to 35 traffic meetings as requested by the City during project
processing. As requested by the City these 35 meetings are in addition to the 25 meetings
and hearings as described in Deliverable No. 15 below.
2. Exhibit A, Section 5.E of the original Agreement, entitled Detailed Scope of Work
("Detailed Services"), is hereby amended to add new subsection 8 as follows:
8. Traffic Model and Analysis with Current Otay Ranch General Development Plan
(GDP) and Circulation Plan Assumptions
The Consultant shall prepare an Addendum to the Final Subsequent Environmental
Impact Report for the EastLake III Woods and Vistas Replanning Program, EIR 01-
01, to supplement the FSEIR and provide additional information and analysis
concerning buildout traffic volumes and levels of service (LOS) that would result
assuming that the Otay Ranch GDP is developed as adopted.
3. Exhibit A, Section 5 of the original Agreement, entitled Detailed Scope of Work
("Detailed Services"), is hereby amended to add new subsection V as follows:
V. RECON shall prepare the following environmental documents for the EastLake Woods
and Trails Tentative Map:
1. Preparation of an Initial Study, and
2. Preparation of an Addendum to the Final Subsequent EIR for the EastLake III
Woods and Vistas Replanning Program, EIR 01-01, if an Addendum is
determined by the City to be the appropriate environmental document based on
the conclusions of the Initial Study.
4. Exhibit A, Section 5 of the original Agreement, entitled Detailed Scope of Work
("Detailed Services"), is hereby amended to add new subsection W as follows:
W. RECON shall serve as the Environmental Monitor Specialist for the EastLake III
Mitigation Monitoring and Reporting Program (MMRP 01-01), and provide expert
consulting services related to biological resources for the Woods and Vistas Sectional
Planning Area (SPA) Plan. The Consultant will also provide other types of
environmental expertise the City deems necessary to oversee implementation of other
conditions of the MMRP related to the Woods and Vistas, including but not limited to
noise and cultural resource mitigation. The MMRP conditions to be monitored under
this agreement will include any Woods and Vistas actions that potentially affect the
Panhandle portion of the EastLake III GDP area in addition to all conditions
pertaining to the Woods and Vistas. RECON shall also prepare Addenda to the Final
Subsequent Environmental Impact Report (EIR 01-01) for the EastLake III Woods
Three Party Agreement, First Amendment
7/10/01 Page 2
~I
------------------ --.--- -.---- -----
and Vistas Replanning Program, if an Addendum is deterrnilled by the City to be the
appropriate environmental docwnent pursuant to the conclusions of the Initial Study
for the Tentative Map.
Specific responsibilities of the Environmental Monitor Specialist with reference to the
EastLake ill Woods and Vistas will include, but may not be limited to:
Biology: RECON will review and monitor the mitigation plans for Diegan coastal
sage scrub, wetlands, non-native grasslands, Otay tarplant and other biological
resources requiring mitigation in MMRP 01-01. RECON wiU conduct site visits and
monitoring of on-site, daily grading/construction activities to monitor compliance
with all project permit conditions, site-specific project requirements, construction
schedules, and the environmental quality control requirements. RECON will advise
contractors of and ensure compliance with aU appropriate permit conditions, review
all grading/construction impact mitigation and if need be propose additional
mitigation measures, and require correction and remedying of activities observed that
violate project environmental conditions or that represent unsafe or dangerous
conditions.
Noise: RECON will review noise reports prepared'as part ofthe development of
Eastlake III. It is anticipated that this will include both exterior noise analyses and
building plan interior noise studies. Reports will consider the adequacy of the
analysis and the sufficiency of recommended compliance measures. For exterior
studies RECON will confirm that adequacy of any barrier heights and locations
needed to comply with the City's adopted noise standards. For the interior noise
reviews RECON will evaluate the composite transmission loss analyses and adequacy
of conclusions.
Cultural Resources: RECON will review the cultural resources conservation plan
for Sdi 7976 and wiU review the mitigation report prepared in conformance with that
plan.
Substantial Conformance: RECON will provide input as requested for consideration of
substantial conformance review for any plan modifications that may be proposed during
the course of project development.
Plan Review: RECON will review proposed tentative maps and grading plans to ensure
compliance with the mitigation-monitoring plan for the Eastlake ill project. This review
will include overlaying grading plans and maps on GIS based resource maps to confirm
that proposed design corresponds to the approved plan, and evaluating proposed topical
plans and programs to insure they meet the requirements ofthe mitigation plan.
Three Party Agreement, First Amendment
7/10/01 Page 3
Lj
u_----- ..----.-- - ----------... ---
Meetings: RECON will attend weekly team meetings during the planning phase, and
attend biweekly team meetings during the construction phase of the project.
5. Exhibit A, Section 5 of the original Agreement entitled Detailed Scope of Work ("Detailed
Services"), is hereby amended to add new Section X as follows:
The Consultant shall perform all services under the original Agreement and all amendments
thereto, to the complete satisfaction of the Planning and Building director.
6. Exhibit A, Section 6 of the original Agreement entitled Schedule, Milestone, Time-
Limitations within which to Perform Services is hereby amended to delete the final sentence,
which currently reads, "ifno dates are set for deliverables, the deadline shall be July 3, 2000".
In its place and stead the following sentence shall be added:
Deliverable number 14: NoiiêeofDetermination shall be amended to read July 11, 2001.
7. Exhibit A, Section 6 of the original Agreement entitled Schedule, Milestone, Time-
Limitations within which to Perform Services is hereby amended to add the following
paragraph:
Dates for Completion of all Consultant Services: The term of this agreement shall be for five
years fÌ'om the effective date of this first Amendment.
8. Exhibit A, Section 7 of the original Agreement entitled Documents to be provided by
Applicant to Consultant is hereby amended to add new paragraph B as follows:
Documents to be provided by Applicant to Consultant:
B. Improvement plans, biological surveys, mitigation plans, cultural resource mitigation
plans and reports, irrigation plans, landscape plans and all other documents
determined by the City to be necessary for mitigation monitoring and completion of
the Initial Studies and anticipated Addenda.
9. Exhibit C of the original Agreement, entitled Compensation, Schedule and Deposit: Terms
and Conditions, is hereby amended to add the following:
(X) Time and Materials
For performance of the General and Detailed Services of Consultant as herein
required, Applicant shall pay Consultant for the productive hours of time and material
Three Party Agreement, First Amendment
7/10/01 Page 4
L/-
-",,-----" 0__--'-'
spent by Consultant in the performance of said Services, at the rates or amounts set forth
hereinbelow according to the following terms and conditions:
(X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximum Compensation amount, Consultant agrees that Consultant
will perform all of the General and Detailed Services herein required of Consultant
for $185,000 over five (5) years for mitigation monitoring services, $1,800 for the
preparation of an Addendum to EIR 01-01, and $8,400 for attendance of 25
additional meetings associated such Addendum for a total of$195,200 including all
Materials and other "reimburseables" ("Maximum Compensation").
1 O. Exhibit C ofthe original Agreement shall be amended to add the following consultant rate
schedule in place ofthat in the original Agreement:
Consultant Rate Schedule
Mitigation Monitoring $185,000
Traffic Study Addendum $ 1,800
25 Additional Meetings related to Traffic Study Addendum $ 8,400
Total $195,200
EXPERT WITNESS .............""""""""""""""""""""'."""""""""""""'" $ 200.00
PRINCIPAL.................................................................................................$ 127.00
SENIOR .............................................."...................................................... $ 99.00
ASSOCIATE .........."................................................................................... $ 87.00
ASSISTANT ..........,....................................................................................$ 78.00
RESEARCH ASSISTANT """"""""""""""""'.""""'."""""""""'.""""'. $ 50.00
GIS SPECIALIST........................................................................................$ 52.00
PRODUCTION SUPERVISOR """""'............................................,......... $ 53.00
PRODUCTION SPECIALIST III """""............................................"....... $ 43.00
PRODUCTION SPECIALIST II ......................................................,......... $ 36.00
PRODUCTION SPECIALIST I ""."""""'........................................"....... $ 31.00
SPECIALIST III """"""""""""'......................................."..............,........ $ 77.00
Three Party Agreement, First Amendment
711 % 1 Page 5
¿f ¿/7
_. ~._-_.._,,_._--.._.__.. ------.,,-----
SPECIALIST II """"""""""""""""""""""""""""""""""""""""""""'" $ 67.00
SPECIALIST I ...........................................,................................................ $ 57.00
RESOURCE MONITOR II ......................................................."............... $ 50.00
RESOURCE MONITOR I ........................................."............................... $ 40.00
TECHNICIAN III ......................................................................"............... $ 31.00
TECHNICIAN II .......................................................................,................ $ 26.00
TECHNICIAN I .........................................................,..............."............... $ 21.00
FIELD SUPERVISOR """"""""...............'..............................."............... $ 30.00
FIELD CREW CHIEF """""""""""""""""""""""""""""""""""""""'" $ 22.00
FIELD TECHNICIAN.................................................................................$ 18.00
Unless otherwise agreed upon, RECON shall charge, at cost, for blueprinting and
reproduction desired by the client or public agencies, out-of-town transportation and
expenses, and telephone calls. An administrative fee of 10% shall be added to all
subcontractor's charges.
(X) Deposit Amount: Applicant agrees to deposit $50,000 upon approval of the contract
Amendment and maintain a minimum $15,000 balance.
Three Party Agreement, First Amendment
7/10/01 Page 6
.-...-----...- ..-' ..-- ----.--.-------..-...----.. ..--,.-.
SIGNATURE PAGE TO FIRST AMENDMENT TO
THE THREE P ARY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; THE
EASTLAKE COMPANY, LLC; AND RECON
City of Chula Vista
By
Shirley Horton, Mayor
Date
Consultant:
RECON, A California Corporation
BY~
Charles S. Bull, President
Date 7~' / 0 -" ¿) )
Applicant:
The EastLake Company, LLC
California Limited Li bility Company
By
Date
ATTEST:
By
Susan Bigelow, City Clerk
Approved as to Form by:
~~~\~ Date 7'10.() t
John .](aheny,CityJ\tt ey
Three Party Agreement, First Amendment
7/9/01 Page 7
¿/ LFì
. --- ---~--_.._- -..--..----......'---'-'--'
COUNCIL AGENDA STATEMENT
ITEM 5
MEETING DATE 07/17/2001
ITEM TITLE: Resolution amending the Master Fee
Schedule to set the fee for the duplication of police reports to the City's pre-
existing public records duplication fee ($0.15) and also establishing a new fee of
$2.00 for police report requests processed by mail.
SUBMITTED BY: Director of Budget and A~(4/5ths Vote: Yes - No X )
REVIEWED BY: City ManagerC¡t
SUMMARY: {t' ¡)I"
Staff research indicates that the $10 fee should be eliminated as police reports
are considered a "public record" and should be charged $0.15 per page - the
City's existing fee for copying non-exempt public records. In addition, a new fee
of $2.00 is proposed for police report requests processed by mail.
RECOMMENDATION: That Council adopt the Resolution amending the Master
Fee Schedule to delete the old fee for duplication of police reports and addition of
a new fee for police report requests processed by mail.
BOARDICOMMISSION RECOMMENDATION: N/A
DISCUSSION:
The California Public Records Act requires that public agencies charge for the
duplication of "public records" in an amount that recovers only the direct costs of
duplication. Charges for ancillary tasks necessarily associated with the retrieval,
inspection, and handling of the file, from which the copy is to be extracted, are
not to be considered in determining the fee. Police reports fall under the legal
definition of a "public record" which is statutorily defined as:
"[A]ny writing containing information relating to the conduct of the
public's business prepared, owned, used, or retained by any state
or local agency regardless of physical form or characteristics."
Since police reports, unlike accident reports and various other government
documents, do not fall under an exception to the Public Records Act, the
appropriate fee for providing a copy of a police report should be the charge
imposed by the City for copying non-exempt public records - at present, $0.15
per page. This charge of $0.15 includes the cost of the duplicating equipment,
5-
~~-~--~--------- -------------
equipment maintenance, supplies, and the actual staff time it takes to make a
copy.
Currently, Chula Vista charges $10.00 for a copy of a police report instead of the
$0.15 per page amount the City levies for other public records. Staff
recommends deleting the section in Chapter II of the Master Fee Schedule
("Records, Documents, Research, and Processing Fees") that sets the fee for
providing a copy of a police report at $10.00. This, by default, will then set the
fee charged for police reports to $0.15 per page.
In addition, because a majority of the City's requests for police reports are made
by mail, another adjustment to the Master Fee Schedule is also being proposed:
The creation of a "mailed police report" fee. This fee is necessary to pay for the
additional costs the City incurs when a police report is mailed to the requestor.
At this time, staff has calculated the appropriate fee to be $2.00 per copy. This
amount will cover the direct costs associated with the duplication of a typical
police report, affixing of postage, and preparation for mail delivery of the
requested documents. It does not include any ancillary tasks associated with the
retrieval, inspection, and handling of the file from which the police report will be
extracted.
Therefore, if both proposed changes to the Master Fee Schedule are approved, a
citizen wanting a copy of a police report will have two options. That person can
either request a copy of a police report in person and pay $0.15 per page or
request a copy to be mailed to him or her and pay $2.00.
FISCAL IMPACT:
It is estimated that the modification of this fee will result in a reduction of General
Fund revenue of up to $20,000 per year.
------ -----------------..-------- -.--------
,
C. POLICE
I. Records and Documents
The Police Chief is authorized to furnish any person applying therefore
any of the following documents, papers or official records ofthe Police
Department upon payment ofthe following fees:
a. Accident Reports - $10.00 per copy
e. Crime ReJ3Ðrts $10.00 per ÐÐJ3)'
b. Mailed Crime Reports - $2.00 per copy
c. Photographs - $12.00 per copy
d. Record Check Letter Request - $2.00 each
2. Processing
a. Fingerprint Requests
The Police Chief shall furnish fingerprint identification service to
any person applying therefore upon payment of a fee
For City residents $10.00
For non-residents of the City ofChula Vista $20.00
[Resolution 17939, effective 7/1/95J
6'
RESOLUTION NO. 2001- ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE MASTER FEE SCHEDULE TO SET THE
FEE FOR THE DUPLICATION OF POLICE REPORTS TO THE
CITY'S PRE-EXISTING PUBLIC RECORDS DUPLICATION FEE
($0.15) AND ALSO ESTABLISHING A NEW FEE OF $2.00 FOR
POLICE REPORT REQUESTS PROCESSED BY MAIL
WHEREAS, the Califomia Public Records Act requires tliat public agencies charge for the
duplication of "public records" in an amount that recovers only the direct costs of duplication; and
WHEREAS, since police reports, unlike accident reports and various other govemment
documents, do not fa]] under an exception to the Public Records Act, the appropriate fee for providing a
copy of a police report should be the charge imposed by the City for copying non-exempt public records
($0.15 per page); and
WHEREAS, staff recommends deleting Section c.l.b in Chapter II of the Master Fee Schedule
("Records, Documents, Research, and Processing Fees") that sets the fee for providing a copy of a police
report at $10.00, which wi]] then set the fee charged for police reports to be $0.15 per page; and
WHEREAS, in addition, because a majority of the City's requests for police reports are made by
mail, another adjustment to the Master Fee Schedule is also being proposed which is the creation of a
"mailed police report" fee; and
WHEREAS, staff has calculated the appropriate fee to be $2.00 for police report requests
processed by mail.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does
hereby amend the Master Fee Schedule to set the fee for the duplication of police reports to the City's
pre-existing public records duplication fee ($0.15) and also establishing a new fee of $2.00 for police
report requests processed by mail as set forth in Attachment A, attached hereto and incorporated herein by
reference as if set forth in full.
Presented by Approved as to form by
JO~!;;:é ~
Cheryl Fruchter
Director of Budget and Analysis Ci Attorney
n,ttomcyl,'cosIM,S Pob" "pons
- - '-"'--"----'----"-"'--""-'
ATTACHMENT A
C. POLICE
I. Records and Documents
The Police Chief is authorized to furnish any person applying therefore
any of the following documents, papers or official records ofthe Police
Department upon payment of the following fees:
a. Accident Reports - $10.00 per copy
B. Crime Reports $10.00 per eС¡)"
b. Mailed Crime Reports - $2.00 per copy
c. Photographs - $12.00 per copy
d. Record Check Letter Request - $2.00 each
2. Processing
a. Fingerprint Requests
The Police Chief shall furnish fingerprint identification service to
any person applying therefore upon payment of a fee
For City residents $10.00
For non-residents of the CityofChula Vista $20.00
[Resolution 17939, effective 7/1I95}
..__.__0.--__>_0...
COUNCIL AGENDA STATEMENT
Item It'
Meeting Date 7/17/2001
ITEM TITLE: ' Resolution Certifying the Final Environmental Impact
IReport (FEIR), adopting the Findings of Fact and Mitigation Monitoring
,and Reporting Program and approving the first phase of construction of
'the Salt Creek Gravity Sewer Interceptor.
SUBMITTED BY: Director of Public Works rp
REVIEWED BY: City Manager &{L (4/Sths Vote: Yes_NolL)
;;1'
("
BACKGROUND:
The Salt Creek Gravity Sewer Interceptor is a l2.5-mile sewer pipeline currently being designed
to serve the developments within the Salt Creek Basin. In addition, this trunk line will also
convey flows from the Poggi Canyon and the Wolf Canyon Trunk Sewers. Since this facility will
ultimately serve three of the four basins in the eastern portion of the City, this sewer line is a
major component of the development planning for the eastern portion of the City.
As part of the environmental review process to analyze potential environmental impacts resulting
from the construction of this facility, an Environmental Impact Report (EIR) was prepared for
this project. This Final EIR includes an analysis of four possible alignments for the trunk sewer
termed "Policy Options 1 through 4", public comments, responses to comments, a Mitigation
Monitoring and Reporting Program (MMRP) and an addendum to the biological technical report.
It also includes an addendum, which was prepared to address engineering refinements to the
project.
This document was reviewed by the Planning Commission on June 13, 2001 and upon
completion of their review, the commission detennined that the FEIR was complete and certified
the FEIR and adopted the Findings of Fact.
RECOMMENDATION: That Council approve resolution certifying the Final
Environmental Impact Report (FEIR), adopting the Findings of Fact and Mitigation Monitoring
and Reporting Program and approving the first phase of construction of the Salt Creek Gravity
Sewer Interceptor.
BOARDS/COMMISSIONS RECOMMENDATION:
Resource Conservation Commission
On June 11, 2001, the Resource Conservation Commission's (RCC) determined that that the
Final EIR was complete and in compliance with the California Environment Quality Act
rp-I
-- ,,- -- --,-------------
Page 2, Item: b
Meeting Date: 7/17/2001
(CEQA) and therefore recommended that the Planning Commission and City Council certify the
document.
Planning Commission Recommendation:
On June 13, the Planning Commission Certified the FEIR upon determining that the Final EIR
was complete and in compliance with the California Environment Quality Act (CEQA). The
Commission subsequently recommended that Council adopt the Findings of Fact attached to this
staff report.
DISCUSSION:
Project Description
The area of Chula Vista known as the "Eastern Territories," more specifically described as that
area within the City's General Plan area, east of 1-805, is partially developed. It consists of
several large vacant land holdings (EastLake, Otay Ranch, Rancho Del Rey, Rolling Hills Ranch,
San Miguel Ranch, and Sunbow II), which are all proposed for development.
This Final Environmental Impact Report is an analysis of the potential environmental impacts
associated with the construction of the Salt Creek Gravity Sewer Interceptor. The Salt Creek
Gravity Sewer Interceptor is a 12.5-mile sewer pipeline ranging in size from 18 to 42 inches in
diameter at the westerly end that is segregated into nine reaches (commonly referred to as
Reaches 1 through 9). This facility was designed to convey flows from the planned mixed-use
developments in eastern Chula Vista to the City of San Diego's Metro Interceptor west of 1-5
Freeway.
There are five main drainage basins in Chula Vista; Sweetwater River Basin, Telegraph Canyon
Basin, Poggi Canyon Basin, Wolf Canyon Basin and the Salt Creek Basin. The Wolf Canyon
Basin drains into the Salt Creek basin. Currently, sewage generated from existing land uses
within the Salt Creek Basin and a portion of the Poggi Canyon Basin is pumped into the
Telegraph Canyon Trunk Sewer since most of the Poggi Canyon Trunk Sewer is still under
construction and the Salt Creek Gravity Sewer is still in the design phase.
Upon completion of Reach 9 of the Salt Creek Gravity Sewer, the Poggi Canyon Trunk Sewer
will be diverted from the Date/Faivre Trunk Sewer line (to which it is temporarily connected)
and connected to the Salt Creek Gravity Sewer. Therefore, flows currently being pumped into
the Telegraph Canyon Trunk Sewer from that basin will now be re-routed to the Poggi Canyon
Trunk Sewer.
Both the Telegraph and Poggi systems were not designed to convey the volumes of flow
anticipated as a result of total build-out within the City's eastern development area. As explained
in the General Plan, in order to accommodate planned and approved developments within this
area, construction of a new or expanded sewer facility is necessary and was anticipated by the
6
Page 3, Item: {;
Meeting Date: 7/17/2001
General Plan for the City of Chula Vista. The Salt Creek Sewer Interceptor has been sized to
accommodate build-out of the City as anticipated in the General Plan.
The Draft EIR, which was circulated for public review was a "Program EIR" for the Salt Creek
Interceptor Sewer and Wolf Canyon Trunk Sewer. It went through an extended 45-day review
period for environmental review due to comments received from the enviromnental community.
The Final EIR was later reviewed and certified by the Planning Commission.
Wolf Canyon Trunk Sewer
On May 2,2000, with the approval of Resolution 2000-140, Council authorized the approval of
the contract for the preparation of the final design plans and enviromnental documents for the
Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer. This Council action
was taken to accelerate the schedule for the installation of the Wolf Canyon Trunk Sewer at the
request of the primary land owners (McMillin) who wanted to fund construction of that facility.
Subsequently, staff proceeded with preparation of environmental documents for both trunk sewer
lines. In the Draft EIR, the Salt Creek Interceptor Sewer was analyzed at a project-level and the
Wolf Canyon Trunk Sewer was analyzed at a program-level. Following public review, it was
determined that additional alignment options needed to be identified and studied for the Wolf
Canyon Trunk Sewer. Therefore, the analysis of potential impacts of the Wolf Canyon Trunk
Sewer may need to be supplemented beyond what the Program EIR anticipated. That analysis
may require re-analysis of some of the impacts identified in the Draft EIR, due to consideration
of potentially different alignment options in the Wolf Canyon area. For that reason, the analysis
of potential impacts related to the Wolf Canyon Trunk Sewer, even at a program level, may no
longer be relevant.
Consequently, staff decided that it would not be appropriate for the City to take any discretionary
action related to the Wolf Canyon Trunk Sewer at this time. Therefore, references to the Wolf
Canyon alignment have been struck from the Final EIR and is not a part of this FEIR. Staff will
continue to work on a separate enviromnental document for the Wolf Canyon Trunk Sewer and
final action on the designation of a final alignment will be fe-scheduled for Council action at a
later date.
PROJECT ALIGNMENT:
The Salt Creek Trunk Sewer currently has an alignment that generally begins just west of the
Upper Otay Reservoir, then proceeds southerly parallel to the Salt Creek and the Otay Valley
Rivers, then turns Westerly along Otay Valley Road, continuing under 1-805 Freeway along
Main Street to Industrial Blvd., after which it goes under 1-5 Freeway and terminates at a
junction structure that ties it to the City of San Diego's Metro Sewer line just west ofInterstate 5.
(p
------
Page 4, Item: b
Meeting Date: 7/17/2001
POLICY OPTIONS:
In an effort to address the concerns of the wildlife agencies and the policy constraints of the City,
alternative routes were analyzed in the DEIR for Reach 3 and a portion of Reach 4. This
particular portion of the project is an area that has sensitive resources. For this reason, staff
developed and analyzed alternative routes that had varying levels of mitigable impacts. These
alternative routes are described as Policy Options I and 2 in the Final EIR and Policy Options 3
and 4 in the Addendum to the Final EIR. All of the options have been analyzed at a project-level.
The remaining Reaches of the project would remain the same under anyone of these Policy
Options.
Following is a description of the Policy Options and disyussion of their relationship to the
analysis contained in the EIR for the Salt Creek Gravity Sewer Interceptor.
Policy Option I - Single Pipe - Gravity Flow System
Description
Policy Option I follows the conceptual alignment identified in the Otay Ranch General
Development Plan. It consists of the segment of pipe within Reaches 3 and 4 of the proposed
alignment that is designed for gravity flow. Beginning at the end of the approved and/constructed
Reaches I and 2 at Olympic Parkway, the alignment runs southerly through cultivated
agricultural fields, continuing through the lower portions of the slopes that define the western
side of the Salt Creek Canyon. This area contains native upland habitat through approximately
two-thirds of the alignment (approximately 6,000 If of the 9,000 If length). The alignment
continues southerly where it connects to the northerly end of the existing portion of the pipeline
referred to as Reach 4.
Pros
This option provides for the conveyance of flows within an efficient gravity system. It also
allows for the decommissioning of the existing pump stations hence resulting in significant cost
savings accruing from the elimination of maintenance and operation costs associated with the
existing pump stations.
This option also provides for the construction of a maintenance access road along the pipe
alignment. This access road would allow staff to easily maintain the system and respond to
emergencies quickly.
Cons
This option has some impacts to natural upland habitat and also provides for the construction of a
maintenance access road through the preserve. However, the Resource Agencies have expressed
concerns about the introduction of human activity into the canyon through the maintenance.
Þ
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Page 5, Item: f
b
Meeting Date: 7/17/2001
Cost
The cost of this option is approximately $1,450,000. This cost includes the cost of the installation
of the pipes and the manholes, and the construction of the maintenance access road.
Policy Option 2 - Dual Force Mains - Pumped Flow System
Description
Policy Option 2 is an alternative alignment, also within Reaches 3 and 4, that would avoid most
of the impacts to sensitive upland habitat along the western slopes of Salt Creek Canyon. This
option requires the construction of a new pump station that will be located at the southern
terminus of Reach 2. The pump station and force mains are required because the elevations of
portions of Hunte Parkway are too high to allow for gravity flow. Beginning at the pump station,
dual force mains will be installed along an alignment that is either within or parallel to the
approved alignment for the future Hunte Parkway, on the eastern edge of future Village 11 of
Otay Ranch. At a point along Hunte Parkway where the topography changes, the force main will
connect to gravity lines. Continuing along that planned roadway to the existing SDG&E and
County Water Authority easements after which the aligmnent tums south, parallel to the
easements and connects to the northerly end of the existing portion of Reach 4. The length of this
option is approximately 12,000 If.
Pros
This Option would reduce the impacts to upland habitat and remove the trunk line fÌ'om the
canyon as requested by some in the environmental community.
Cons
This Option would require the construction of a new pump station that would pump the flows
around the area that has the sensitive resources. The construction of the new pump station would
have significant cost impacts resulting from the maintenance and operation of the pump station
over its expected lifetime (assumed for the purposes of this analysis to be 75 years). This
aligmnent also impacts the provision of sewer service to a portion of the Village 11 development
by gravity, since the laterals fÌ'om Village 11 cannot be connected to the force mains connecting
the pump station to the downstream gravity lines. The Olympic Training Center would also need
to have a significantly long lateral to be able to connect to the Salt Creek Trunk Sewer for the
same reason.
Cost
This Option is estimated to cost approximately $12,600,000. The initial capital costs were
estimated to be approximately $5,300,000 and the maintenance, operations and replacement costs
were estimated to have a present value of approximately $7,300,000 over the lifetime of this
pump station (assuming term of75 years, interest rate of5% and annual costs of$375,000).
6
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Page 6, Item: b
Meeting Date: 7/17/2001
Policy Option 3 - Dual Pipes - Gravity Flow System (No Access Road)
Policy Option 3 consists of a dual pipe system, with no permanent access road, within the same
alignment and disturbance area as Policy Option I. At the northern terminus of the pipe, which is
the southern end of Reach 2, a diversion structure would be constructed that would branch the
single pipe into two equivalently sized 21-inch diameter pipes laid parallel to one another at the
same grade. One of the pipes would be the primary facility, the other would be provided as a
backup in the event that the primary pipeline became obstructed or damaged. If such an
emergency situation were to occur, flows would be diverted from the primary pipe to the
secondary pipe that would carry the flows until actions taken to restore the functionality of the
primary pipe are complete.
Pros
This option provides for the conveyance of flows within an efficient gravity system. It also
allows for the decommissioning of the existing pump stations hence resulting in the significant
cost savings accruing from the elimination of maintenance and operation costs of the existing
pump stations. This system would allow for adequate time to determine an approach to the
repair/maintenance that best avoids impacts to sensitive resources in the area, such as accessing
the pipe in the non-breeding season for sensitive bird species along routes determined to be the
least sensitive, depending on the location of the required activities. This would eliminate
permanent impacts to sensitive resources associated with a maintenance access road. Under this
Option, the entire construction corridor would be revegetated with natural vegetation.
Cons
This option would eliminate the construction of a maintenance access road along the pipe
alignment, which makes it a little more difficult for the maintenance crews to get into the area if
necessary. This option also has some temporary construction impacts to natural upland habitat.
Cost
This option is estimated to cost approximately $3,250,000. This cost includes cost of the
installation of the dual pipes, manholes, diversion structures and other related miscellaneous
costs.
Policy Option 4 - Single Pipe (Micro Tunneled) - Gravity Flow System
This option is a slight modification of Policy Option 2. Policy Option 2, as described and
analyzed in the Final ErR, involves pumping of flows from the southerly terminus of Reach 2 up
to an alignment that is parallel to or within future Hunte Parkway, on the eastern edge of future
Village 11 of Otay Ranch. This Policy Option would eliminate the need for the pump station by
tunneling through areas of higher topography containing sensitive resources, to a point within
Hunte Parkway that is low enough to allow for gravity flow within the graded areas proposed for
Hunte Parkway. The sewer alignment would continue within or adjacent to the Hunte Parkway
alignment until the grade of Hunte Parkway begins to rise again. At that point, another tunnel
would be advanced to connect the pipe to a point immediately west of the existing SDG&E
h
Page 7, Item: ~
Meeting Date: 7/17/2001
easement. At that point, the alignment for Policy Option 4 would continue along the same
alignment as that identified for Policy Option 2. Policy Option 4 would eliminate the need for the
pump station proposed under Policy Option 2.
Pros
This Option would significantly reduce the impacts to upland habitat and remove the trunk line
fÌ'om the canyon as requested by some in the environmental community.
Cons
This Option would require the construction of the sewer line through areas of high topography.
Under this option, upon the completion of the installation of the sewer line by micro tunneling,
there will be regions of the system where the pipeline would be inaccessible because of the
resulting depths of the manholes. The depth of the manholes could reach 40 - 45 feet in some
areas. That would mean that either dual lines are constructed to provide redundancy (which
increases the cost of the project) or the system would not be accessible within those regions.
Therefore, resulting in the risk of a sewer spill in case of blockage in that region of the pipeline
since staff would not be able to get in and make the necessary repairs.
Cost
This Option is estimated to cost approximately $4,800,000. These are costs that are primarily
associated with micro tunneling which is a very expensive installation process.
SUMMARY OF IMPACTS:
Environmental
The FEIR concluded that those impacts determined to be significant could all be mitigated to less
than significant. Mitigation measures have been included for all of the Policy Options. Therefore,
depending upon which Option is selected, there will not be a need to implement mitigation
measures that do not pertain to that Option.
Options 1 & 2
The following issues have mitigation measures identified in the FEIR for all Reaches and Policy
Options I and 2:
. Aesthetics (Reach 3 and 4 - Policy Option 2)
. Air Quality (all Reaches, all Options)
. Biological Resources (all Reaches, all Options)
. Geological Resources (all Reaches, all Options)
. Hydrology (all Reaches, all Options)
. Land Use (Reach 9)
. Traffic (Reaches 5, 6, 7, 8a!b and 9a!b)
. Paleontolgical (all Reaches, all Options)
C- 7
Page 8, Item: b
Meeting Date: 7/17/2001
The following is a brief discussion of the impact analysis contained in the FEIR related to Policy
Options 3 and 4:
Option 3
Although the Final ErR indicates that direct and indirect permanent impacts related to Policy
Option I could be reduced to a less than significant level by proposed mitigation, Policy Option
3 would further reduce the stated impacts by converting the direct permanent impacts to sensitive
habitat, to temporary impacts. In addition, indirect impacts or "edge effects" fÌ'om construction
and use of the access road would be avoided.
Option 4
Policy Option 4 would further reduce biological impacts related to Policy 2 by advancing the
pipe within a tunnel, which would avoid impacts to sensitive habitat in areas where it is
necessary to cross undisturbed areas to maintain appropriate elevations for the pipe to allow for
flow by gravity. Impacts associated with Policy Option 4 are similar to those associated with
Policy Option 2 in the portions of the alignment of Policy Option 4 that are within future Hunte
Parkway. The portions of Policy Option 4 that differ from Policy Option 2 are the portions that
would be placed within tunnels. The micro tunneling operation would avoid impacts to
environmental resources on the ground surface. Policy Option 4 would not result in any new or
intensified impacts over what has been analyzed in the Final EIR.
Snmmary of Policy Options and Impacts (Environmental and Fiscal)
Option Description Pros Cons Est. Cost
1 Single Pipe-Gravity Flow Provides for a single pipe Pennanent Impacts to upland $1,450,000
gravity system. habitat.
Maintenance access road.
Decommissioning of
Pump Stations.
2 Dual Pipes-Pumped Flow Avoids Impacts to upland Requires the construction of a $12,600,000
habitat and takes the new pump station and its
trunk sewer out of the associated maintenance costs,
canyon. risks and expenses.
Lengthy laterals from OTC and
Village 11
3 Dual Pipes - Gravity flow Provides for a dual-pipe There are additional costs $3,250,000
gravity system. incurred because of the extra
pipe and the diversion
Avoids permanent structures.
impacts to upland habitat.
No access road for a quick
6
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Page 9, Item: (¡,
Meeting Date: 7/17/2001
Summary of Policy Options and Impacts (Environmental and Fiscal)
response in case of an
emergency that compromises
both pipes.
Temporary impacts to upland
habitat.
4 Single Pipe- Micro Reduces impacts to The system would either have $4,800,000
Tunneled - Gravity Flow upland habitat. very deep manholes or would
be inaccessible in some areas.
--
STAFF RECOMMENDATIONS AND JUSTIFICATIONS:
The Final EIR
The Final EIR disclosed, in particular, that implementation of the proposed project would result
in less than significant impacts after mitigation for aesthetics, air quality, biological and cultural
resources, geology, hydrology, land use, noise, traffi c/transporta ti 0 n and paleontological
resources. All feasible mitigation measures with respect to project impacts have been included in
the FEIR. There are no impacts that have been identified that cannot be reduced to less than
significant. An addendum to the FEIR has been prepared that considers two additional aligmnent
alternatives that would further reduce impacts beyond what was identified in the DEIR.
Staff believes that the FEIR meets the requirements of the California Enviromnental Quality Act
(CEQA) and, therefore, recommends that Council make the determination that the Final EIR has
been completed in compliance with CEQA and adopt the Findings of Fact attached to this staff
report.
The Policy Options
The construction of the Salt Creek Gravity Sewer Interceptor is crucial to the continued planned
and approved development in the eastern portion of the City. Currently, both the Telegraph
Canyon Trunk Sewer line and the Date/Faivre Trunk Sewer line which are now temporarily
supporting development in that portion of the City are both approaching threshold capacity
within certain reaches of both systems.
Staffs recommendation at this time of a preferred aligmnent is Policy Option 3, which takes into
consideration the ability of the City to build a project that achieves the City's long-term goals
and objectives within the obvious constraints of getting the required permits from the resource
agencies necessary to build the facility and in the time constraints for providing needed sewer
facilities.
Council is not being asked to make a decision on which policy option to designate. Staff will
return to Council after further design and planning for this decision. However, City Council can
take action to approve the first phase of construction because this first phase does not require any
- ----------- ---
Page 10, Item: b
Meeting Date: 7/1712001
right-of-way acquisition regardless of which option is finally chosen (the various construction
phases are described in detail in the section below).
It should be noted that other than the first phase the City does not currently have all the right-of-
way needed for the construction of this facility irrespective of the option chosen.
Construction Schedule aud Phasiu2
The project can be constructed in three phases regardless of which policy option is finally
adopted by the City Council. The first phase involves the construction of the portion of Reach 9
between Industrial Blvd. and Interstate - 805 Freeway. This phase does not require the
acquisition of right-of-way. The construction of the fir~t phase is currently scheduled to
commence in September 2001 and completed by the end of May 2002.
The second phase involves the construction of the portion of Reach 9 between Industrial Blvd.
and Interstate - 5 Freeway. This phase requires the acquisition of right-of-way if the staff
recommended aligmnent is adopted. However, this request is not before Council at this time
because the acquisition action has not been initiated. Staff will come back to Council once
planning and design is completed. The construction of the second phase is currently scheduled to
commence in February 2002 and completed by the end of May 2002.
The third phase will be the construction of the remaining portion of Reach 9 between Interstate-
805 Freeway and Heritage Road and the upper reaches (8 through 3) that end at Olympic
Parkway. This phase (which is not before Council at this time), will also require the acquisition
of right-of-way if the staff recommended alignment is adopted, and construction on this phase is
schedule to commence in April 2002 and completed by May 2003.
Main Street Improvements
As part of the FY 2000/2001 Capital Improvement Program (CIP) process, Council approved
funds for the reconstruction/overlay of the pavement section along Main Street, between
Broadway and Interstate - 805 (STM332). Staffs working on both projects have partnered to
develop plans, specifications and schedules for the construction of the Salt Creek Gravity Sewer
Interceptor and the Main Street improvements. Work on both projects will be done concurrently,
with the pavement reconstruction proceeding immediately after the installation of the sewer
lines. Both projects are currently scheduled to be advertised for construction by the end of July
2001.
Public Outreach
On June 21,2001, Staff held a noticed public meeting with residents and property owners who
either owned properties or businesses anywhere along the alignment of the sewer line who may
be impacted by the installation of the sewer line or the pavement reconstruction project. The
purpose of the meeting was to brief them on the two projects and get their input as part of the
?
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Page 11, Item: to
Meeting Date: 7/1712001
project review process. Notices were sent to nearly seven hundred residents, and on the day of
the meeting only three people attended the meeting. The three were members of the business
community and their comments and concerns were incorporated into the final design plans and
specifications to be used in the construction of both projects.
FISCAL IMPACT:
This project was original1y budgeted as part of the Capital Improvement Program (CIP) process.
The project will be funded from two funding sources: Trunk Sewer Capital Reserve Funds and
the Salt Creek Gravity Basin Development Impact Fees (DIF). During the establishment of
Ordinance No. 2617 for the Salt Creek Gravity Basin DIF, the City committed to funding a
portion of a trunk sewer line subject to CEQA compliance.
Since the Salt Creek Gravity Basin DIF has only accumulated approximately $300,000 to date,
the project was budgeted to utilize a loan fÌ'om the Trunk Sewer Capital Reserve Fund. Upon
completion of the project, the DIF will repay the loan over time. This first phase is estimated to
cost $4 mil1ion.
The approval of this resolution will authorize staff to proceed with the completion of the final
design plans for the first phase and begin the process of advertising the first phase of the project
for bids. Future Council action for the award of the contract to the responsible bidder will
authorize the expenditure offunds for the construction of the first phase of the project.
ATTACHMENTS:
A Planning Commission Resolution
B. FEIR 01-03 (a. Revised EIR Text, b. Comments and Responses, c. Addendum to the Final E1R)
J: \EngineerIAGENDA \Salt-Creek-FEIR-2.ac.doc
(FILE NO.: 0735-JO-SW219)
7112/01 1O2l:29AM
{;
- .-- ---.- .--------------------
Item 6
Attachment A
RESOLUTION NO. EIR-OI-03
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL
IMPACT REPORT (FEIR 01-03) FOR THE SALT CREEK INTERCEPTOR
SEWER WITH ITS ATTENDANT ADDENDUM; MAKING CERTAIN
FINDINGS OF FACT; PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT; AND ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM
WHEREAS, the Salt Creek Sewer ("Project") has been envisioned in a series of planning
documents for the City of Chula Vista including the City General Plan (GP), the Otay Ranch
General Development Plan (GDP) and the Draft Multiple Species-Conservation Plan City of
Chula Vista Subarea Plan; and
WHEREAS, a Draft EIR 01-03 was issued for public review on February 9, 2001 and
was processed through the State Clearinghouse; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing
and closed the public review for Draft EIR 01-03 on April 11, 2001;
WHEREAS, a Final Program Environmental Impact Report (FEIR 01-03), including an
Addendum to the Draft, was prepared on the Salt Creek Sewer Interceptor; and
WHEREAS, to the extent that the Findings of Fact identified as Exhibit "A" of this
Resolution, a copy of which is on file in the office of the City Clerk, known as Document
Number, , conclude that proposed mitigation measures outlined in the Final EIR
01-03 are feasible and have not been modified, superseded or withdrawn, the City ofChula Vista
hereby binds itself and the Applicant and its successors in interest, to implement those measures.
These findings are not merely information or advisory, but constitute a binding set of obligations
that will come into effect when the City adopts the resolution approving the project. The
adopted mitigation measures contained within the Mitigation Monitoring and Reporting
Program, Exhibit "B" of this Resolution, a copy of which is on file in the office of the City
Clerk, known as Document Number --' are express conditions of approval. Other
requirements are referenced in the Mitigation Monitoring and Reporting Program adopted
concurrently with these Findings of Fact and will be effectuated through the process of
implementing the Project.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION of
the City ofChula Vista does hereby recommend that the City Council of the City ofChula Vista
find, determine, resolve and order as follows:
6
-----" - -------- --
1. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearings on Draft EIR 01-03 held on April 11, 2001 and the minutes and
resolutions resulting therefÌ'om, are hereby incorporated into the record of this
proceeding. These documents, along with any documents submitted to the decision-
makers, including documents specified in Public Resources Code Section 21167.6,
subdivision(s), shall comprise the entire record of proceedings for any claims under the
California Environmental Quality Act ("CEQA") (Public Resources Code §21000 et
seq.).
II. FEIR 01-03 CONTENTS
That the FEIR 01-03 consists of the following:
1. Program EIR for the Salt Creek Interceptor Sewer (EIR 01-03 including technical
appendices) and an Addendum; ~..
2. Public Comments and Responses to Comment
(All hereafter collectively referred to as "FEIR 01-03")
III. ACCOMPANYING DOCUMES TO FEIR 01-03
1. Mitigation Monitoring and Reporting Program;
2. Findings of Fact
IV. CERTIFICATION OF COMPIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY
ACT
That the Planning Commission does hereby find that FEIR 01-03 and the Findings of
Fact (Exhibit "A" to this Resolution, know as Document Number -.-J, and the
Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution, known as
Document Number -.-J are prepared in accordance with the requirement of CEQA
(Pub. Resources Code, §21000 et seq.), the CEQA Guidelines (California Code Regs.
Title 14 §15000 et seq.), and the Environmental Review Procedures of the City ofChula
Vista.
V. INDEPENDENT JUDGEMENT OF CITY COUNCIL
That the Planning Commission finds that the FEIR 01-03 reflects the independent
judgment of the City ofChula Vista City Council.
H__,' '-""'-..."___m_..__..-.- --.-..-
VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING
PROGRAM ACTIONS
A. Adoption of Findings of Fact
The Planning Commission of the City of Chula Vista does hereby approve and
accepts as its own, incorporate as if set forth in full herein, and make each and
every one of the findings contained in the Findings of Fact, Exhibit "A" of this
Resolution, known as Document Number ,a copy of which is on file in
the office of the City Clerk.
B. Mitigation Measures Feasible and Adopted
As more fully identified and set forth in FEIR 01-03 and in the Findings of Fact
for this Project, which is Exhibit "A" to this Resolution, known as Document No.
, a copy of which is on file in the office of the City Clerk, the Planning
Commission does hereby find pursuant to Public Resources Code Section 21081
and CEQA Guidelines Section 15091 that the mitigation measures described in
the above referenced documents are feasible and will become binding upon the
City of Chula Vista to implement the same.
C. Infeasibility of Alternatives
As more fully identified and set forth in FEIR 01-03 and in the Findings of Fact,
Section XII, for this Project, which is Exhibit "A" to this Resolution, known as
Document Number -' a copy of which is on file in the office of the City
Clerk, the Planning Commission hereby finds pursuant to Public Resources Code
Section 21081 and CEQA Guidelines Section 15091 that alternatives to the
project, which were identified as potentially feasible in FEIR 01-03, were not
found to be feasible. -
F. Adoption of Mitigation Monitoring and Reporting Program
As required by the Public Resources Code Section 21081.6, the Planning
Commission recommends that the City Council adopt Mitigation Monitoring and
Reporting Program ("Program") set forth in Exhibit "B" of this Resolution,
known as Document Number ,a copy of which is on file in the office of
the City Clerk. The Planning Commission further finds that the Program is
designed to ensure that, during project implementation, the responsible parties
implement the Project components and comply with the feasible mitigation
measure identified in the Findings of Fact and the Program.
VII. NOTICE OF DETERMINATION
That the Environmental Review Coordinator of the City of Chula Vista is directed after
City Council approval of this Project to ensure that a Notice of Determination is filed
~
- ---- -- - ---------"-"---.""-
with the County Clerk of the County of San Diego. These documents, along with any
documents submitted to the decision~makers, including documents specified in Public
Resources Code Section 21167.6, subdivision(s), shall comprise the entire record of
proceedings for any claims under the California Enviromnental Quality Act (CEQA)
[Public Resources Code §21000 et seq.].
BE IT FURTHER RESOLVED THAT the Planning Commission of the City of Chula
Vista recommends to the City Council that FEIR 01-03 and the Findings of Fact (Exhibit "A" to
this Resolution, know as Document Number ---.-J, and the Mitigation Monitoring and
Reporting Program (Exhibit "B" to this Resolution, known as Document Number ~ are
prepared in accordance with the requirement of CEQA (Pub. Resources Code, §21000 et seq.),
CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental
Review Procedures ofthe City ofChula Vista and therefore should be certified.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 13th day ofJune, 2001, by the following vote, to-wit:
AYES: Thomas, Castaneda, Cortes, Willett, McCann, O'Neill
NOES:
ABSENT: Hall
ABSTENTIONS:
Robert Thomas, Chairman
Diana Vargas
Secretary to Planning Commission
Exhibit A Findings of Fact
Exhibit B Mitigation Monitoring and Reporting Program
J:\PlanningIMARIL YNlSalt Creek SewerlSalt Creek Reso.doc
6 -/.~;;-
*~
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT (FEIR), ADOPTING THE FINDINGS OF FACT
AND MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING
THE FIRST PHASE OF CONSTRUCTION OF THE SALT CREEK GRAVITY SEWER
INTERCEPTOR
WHEREAS, the Salt Creek Gravity Sewer Interceptor ("Project") is being designed to convey
wastewater flows from developments within the Salt Creek Basin, in eastern Chula Vista and also
provide additional capacity to the existing wastewater collection system in Southem Chula Vista; and
WHEREAS, the Salt Creek Sewer has been envisioned in a series of planning documents for
the City ofChula Vista including the City General Plan (GP), the Otay Ranch General Development
Plan (GDP), the Multiple Species Conservation Program Subregional Plan, and the Draft Multiple
Species Conservation Plan City of Chula Vista Subarea Plan; and
WHEREAS, as part of the environmental review process to analyze potential environmental
impacts resulting from the construction of this facility, a Final Program Environmental Impact Report
(FEIR 01-03), was prepared for this project; and
WHEREAS, this Final EIR includes an analysis of four possible alignments for the trunk
sewer termed "Policy Options 1 through 4", and these alignments were all completely analyzed at a
project-level; and
WHEREAS, on June 13,2001, the Planning Commission upon completion of their review of
this final EIR, determined that the FEIR was complete and in compliance with the California
Environmental and therefore certified the FEIR and adopted the Findings of Fact and recommended
that City Council certify the FEIR and adopt the Findings of Fact and Mitigation Monitoring and
Reporting Program; and
WHEREAS, to the extent that the Findings of Fact identified as Exhibit "A" of this
Resolution, a copy of which is on file in the office of the City Clerk, known as Document Number,
, conclude that proposed mitigation measures outlined in the Final EIR 01-03 are
feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds
itself and the Applicant and its successors in interest, to implement those measures. These findings
are not merely information or advisory, but constitute a binding set of obligations that will come into
effect when the City adopts the resolution approving the project. The adopted mitigation measures
contained within the Mitigation Monitoring and Reporting Program, Exhibit "B" ofthis Resolution, a
copy of which is on file in the office of the City Clerk, known as Document Number , are
express conditions of approval. Other requirements are referenced in the Mitigation Monitoring and
Reporting Program adopted concurrently with these Findings of Fact and will be effectuated through
the process of implementing the Project.
I
_.. -.---..--.---.
WHEREAS, the construction of First Phase of the Salt Creek Gravity Sewer Interceptor
involves the construction of the portion of the Salt Creek Trunk Sewer between Industrial Blvd. and
Interstate - 805 Freeway, and does not require the acquisition of right-of-way.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista finds,
determines, resolves and orders as follows:
I. CITY COUNCIL RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearings on Draft EIR 01-03 held on April 1 1,2001 and the minutes and resolutions resulting
therefrom and the proceedings; all evidence introduced before the Planning Commission at
their meeting on June 13, 2001 on FEIR 01-03 and all evidence introduced before the City
Council at their meeting on July 17, 2001 on FEIR 01-03 are hereby incorporated into the
record of this proceeding. These documents, along with any documents submitted to the
decision-makers, including documents specified in Public Resources Code Section 21167.6,
subdivision(s), shall comprise the entire record of proceedings for any claims under the
California Environmental Quality Act ("CEQA") (Public Resources Code §21 000 et seq.).
II. FEIR 01-03 CONTENTS
That the FEIR 01-03 consists of the following:
1. Program EIR for the Salt Creek Interceptor Sewer (EIR 01-03 including technical
appendices) and an Addendum;
.. ,
2. Public Comments and Responses to Comment
(All hereafter collectively referred to as "FEIR 01 -03")
II!. ACCOMPANYING DOCUMENTS TO FEIR 01-03
1. Mitigation Monitoring and Reporting Program;
2. Findings of Fact
IV. CERTIFICATION OF COMPIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY
ACT
That the City Council does hereby find that FEIR 01-03 and the Findings of Fact (Exhibit "A"
to this Resolution, know as Document Number ~), and the Mitigation Monitoring and
Reporting Program (Exhibit "B" to this Resolution, known as Document Number ----.J
are prepared in accordance with the requirement of CEQA (Pub. Resources Code, §21000 et
seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the
Environmental Review Procedures of the City ofChula Vista.
2
6-/7
-""----- ""- --""."-"*" "-.-.-----------
V. INDEPENDENT JUDGEMENT OF PLANNING COMMISSION
That the City Council finds that the FEIR 01-03 reflects the independent judgment of the City
ofChula Vista City Council.
VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAM
ACTIONS
A. Adoption of Findings of Fact
The City Council of the City of Chula Vista does hereby approve and accepts as its
own, incorporate as if ~et forth in full herein, and make each and every one of the
findings contained in the Findings of Fact, Exhibit "A" of this Resolution, known as
Document Number , a copy of which is on file in the office of the City
Clerk.
B. Mitigation Measures Feasible and Adopted
As more fully identified and set forth in FEIR 01-03 and in the Findings of Fact for
this Project, which is Exhibit "A" to this Resolution, known as Document No.
, a copy of which is on file in the office of the City Clerk, the City Council
does hereby find pursuant to Public Resources Code Section 21081 and CEQA
Guidelines Section 15091 that the mitigation measures described in the above
referenced documents are feasible and will become binding upon the City of Chula
Vista to implement the same.
C. Adoption of Mitigation Monitoring and Reporting Program
As required by the Public Resources Code Section 21081.6, the City Council of the
City of Chula Vista does hereby adopt the Mitigation Monitoring and Reporting
Program ("Program") set forth in Exhibit "B" of this Resolution, known as Document
Number , a copy of which is on file in the office of the City Clerk. The City
Council further finds that the Program is designed to ensure that, during project
implementation, the responsible parties implement the Project components and
comply with the feasible mitigation measure identified in the Findings of Fact and the
Program.
VII. NOTICE OF DETERMINATION
That the Environmental Review Coordinator of the City of Chula Vista is directed after City
Council approval of this Project to ensure that a Notice of Determination is filed with the
County Clerk of the County of San Diego. These documents, along with any documents
submitted to the decision-makers, including documents specified in Public Resources Code
Section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any
claims under the Califo,!\i¡¡ Environmental Quality Act (CEQA) [Public Resources Code
§21000 et seq.].
3
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BE IT FURTHER RESOLVED THAT the City Council of the City of Chula Vista finds that
FEIR 01-03 and the Findings of Fact (Exhibit "A" to this Resolution, know as Document Number
~, and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution,
known as Document Number ~ are prepared in accordance with the requirement of CEQA
(Pub. Resources Code, §21000 et seq.), CEQA Guidelines (California Code Regs. Title 14 §15000 et
seq.), and the Environmental Review Procedures of the City of Chula Vista and therefore should be
certified.
BE IT FURTHER RESOLVED THAT the City Council approve construction of the First
Phase of the Salt Creek Gravity Sewer Interceptor and that all mitigation measures pertinent to the
First Phase contained within the Mitigation Monitoring and Reporting Program, Exhibit "B" of this
Resolution, a copy of which is on file in the office of the City Clerk, known as Document Number
, are hereby made express conditions of the project construction of the First Phase.
Presented by Approved as to form by
6-~~
John P. Lippitt, Director of John Kaheny, City Attorney
Public Works
Exhibit A Findings of Fact
Exhibit B Mitigation Monitoring and Rep0l1ing Program
4
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EXHIBIT A
DI!AfT
CITY OF CHULA VISTA
SALT CREEK INTERCEPTOR SEWER PROJECT
ENVIRONMENTAL IMPACT REPORT
(EIR # 01-03)
CANDIDATE CEQA FINDINGS OF FACT
July 6, 2001
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TABLE OF CONTENTS
I. INTRODUCTION
II. DEFINITIONS
III. PROJECT DESCRIPTION
IV. RECORD OF PROCEEDINGS
V. TERMINOLOGY/THE PURPOSE OF FINDINGS UNDER CEQA
VI. LEGAL EFFECT OF FINDINGS
VII. MITIGATION MONITORING PROGRAM
VIII. DIRECT SIGNIFICANT EFFECTS AND MITIGATION MEASURES
A. Aesthetics
B. Air Quality
C. Biological Resources
D. Cultural Resources
E. Geology and Soils
F. Hydrology and Water Quality
G. Land Use and Planning
H. Noise
I. T rafficlT ransportation
1. Paleontological Resources
IX. CUMULATIVE SIGNIFICANT EFFECTS & MITIGATION MEASURES
A. Aesthetics
B. Air Quality
C. Biological Resources
D. Cultural Resources
E. Noise'
F. Traffic/Transportation
X. FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES
A. No Project Alternative
B. Alternative Location - Pump Stations to PoggilTelegraph Canyon Sewer
Alignments
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BEFORE THE CHULA VISTA CITY COUNCIL
RE: Salt Creek Interceptor Sewer;
Environmental Impact Report EIR SCH #2000111072; EIR # 01-03
FINDINGS OF FACT
1.
INTRODUCTION
The Final Program Environmental Impact Report (Final Program ElR) prepared for the
Salt Creek Interceptor Sewer Project (Project) addressed the potential environmental
effects of a proposed pipeline facility including an interceptor and four laterals spanning
fÌ'om the Salt Creek drainage in Eastern Chula Vista to the westem edge of the City via
Main Street at a project level of analysis. The analysis of the Staff Recommended
Alignment Alternative Project included discussion of Policy Option 1 and Policy Option
2, as alternative alignments for a portion of the span aimed at reducing certain potential
environmental impacts. The Draft Program EIR also addressed potential effects of a
connecting trunk sewer within the Wolf Canyon drainage area of Eastern Chula Vista and
an additional lateral from the EastLake Panhandle at a program level, however those
portions of project have been omitted fÌ'om the Final Program EIR and are not being
considered as part of the project description.
In addition, the Final Program EIR evaluated two alternatives to the proposed project: 1)
The No Project alternative, which assumes no development of the Salt Creek Interceptor
Sewer and; 2) A locational alternative which involves placement of the pipeline within
existing sewer easements through a series of pump stations. The Addendum to the Final
Program EIR also evaluated two additional policy options, Policy Option 3 and Policy
Option 4, for a portion of the span of the Staff Recommended Alignment Alternative.
Policy Option 3, is a dual pipe alternative in the same alignment as Policy Option 1, but
with no access road. Policy Option 4, involves tunneling under sensitive habitat areas
and following the alignment of Policy Option 2 for a portion of the proposed option.
These Findings address Policy Option 3, which is proposed to be carried forward as the
preferred alignment in the area where policy options have been considered. The impacts
and mitigation measures for Policy Option 3 are the same as those identified and
proposed under Policy Option I in the Final EIR.
This Program EIR has been prepared in accordance with the requirements of the City of
Chula Vista Environmental Review Guidelines. These findings have been prepared to
comply with requirements of the California Environmental Quality Act (CEQA) (Pub.
Resources Code, 21000 et seq.) and the CEQA Guidelines (Cal. Code Regs., title 14,
15000 et seq.).
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II.
DEFINITIONS
"ACOE" means U.S. Army Corps of Engineers.
"APCD" means San Diego Air Pollution Control District.
"BMPs" means best management practices.
"CEQA" means California Environmental Quality Act.
"CDFG" means California Department ofFish and Game.
"City" means City of Chula Vista.
"CNEL" means community noise equivalent level.
"CPF" means Community Purpose Facilities.
"dB (A)" means A-weighted decibels
"dulac" means dwelling units per acre.
"GDP" means General Development Plan.
"LOS" means Level of Service.
"MSCP" means Multiple Species Conservation Program.
"NPDES" means National Pollutant Discharge Elimination System.
"OTC" means Olympic Training Center.
"OWD" means Otay Water District.
"PFFP" means Public Facilities Financing Plan.
"RAQS" means Regional Air Quality Standards.
"RWQCB" means Regional Water Quality Control Board.
"SANDAG" means San Diego Association of Governments.
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"SCAQMD" means South Coast Air Quality Management District.
"SEIR" means Subsequent Environmental Impact Report.
"SPA" means Sectional Planning Area.
"SR" means State Route.
"SWPPP" means Storm Water Pollution Prevention Plan.
"SWRCB" means State Water Resources Control Board.
"USFWS" means United States Fish and Wildlife Service
III.
PROJECT DESCRIPTION
The proposed pipe facilities would range in size fÌ'om approximately 21 inches to
approximately 48 inches, and would convey up to 13 million gallons per day (MGD) of
sewage. The City of San Diego has indicated that the flows conveyed by these facilities
have been anticipated in the design of their receiving facilities, based on growth
projections by the San Diego Association of Governments (SANDAG). Reach 9B is the
westernmost portion of the pipeline, with Reaches 8AIB through 6 moving east through
the Otay River Valley. Reach 5 turns north at Salt Creek Canyon, and Reaches 4 and 3
continue north up the canyon to Olympic Parkway. Reach 1 has already been constructed
and Reach 2 has been studied and its alignment approved as part of approved
development within which the Reach is located. Reaches 1 and 2 are not considered to be
part of the proposed project.
Also, the project proposes associated facilities, including but not limited to, three sewer
laterals serving Village lion the west side of Salt Creek, and one sewer lateral serving
the Olympic Training Center on the east side of Salt Creek. The ErR addresses the
laterals serving Village II and the Olympic Training Center at a "project level." Unless
expressly indicated otherwise, all analyses of potential impacts presented by the
construction and maintenance of the Village II and the Olympic Training Center laterals
in addition to the reaches of the interceptor are at the project level.
Discretionary Actions
In order to complete this process, the following discretionary approvals fÌ'om the City of
Chula Vista City Council are being sought:
3
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. Staff Recommended Alignment with one of the Policy Options as evaluated in the -
proposed project description and Addendum.
. Permits required from the resource agencies, include a 1600 Streambed Alteration
Agreement from the California Department of Fish and Game, a 404 Permit fÌ'om the
U.S. Army Corps of Engineers and a 401 certification, and an NPDES permit fÌ'om
the Regional Water Quality Control Board. A Section 10 (a)(l)(b) permit may be
required fÌ'om the U.S. Fish and Wildlife Service, and similar take authorization may
be required fÌ'om the California Department of Fish and Game for impacts to
threatened and listed species. Such permits will not be necessary, however, if the
City has take authorization under the MSCP Subarea Plan for all species affected by
this Project.
. An encroachment permit from Caltrans will be necessary for the proposed crossing of
Interstate 5, Interstate 805 and possibly SR125 should the right-of-way for this
facility be owned by Caltrans prior to construction of the proposed project. An
encroachment permit fÌ'om the City of San Diego would be necessary for the crossing
of Interstate 5 and Hollister Street as well as the potential crossing of a water line
facility. An encroachment permit fÌ'om the San Diego County Water Authority would
be necessary for construction across existing easements. An encroachment permit
fÌ'om San Diego Gas and Electric would be necessary for construction across electric
and gas line easements. An encroachment permit fÌ'om the Metropolitan Transit
Development Board would be necessary for construction beneath the San Y sidro
Trolley line.
The City of Chula Vista is the Lead Agency and has discretionary power of approval for
all the actions sought for the proposed project. This Program EIR is intended to satisfy
CEQA requirements for environmental review of those actions. Future discretionary
approvals may be required. No other actions by other agencies or jurisdictions have been
identified that would be required to accomplish the project as proposed.
Project Goals and Objectives
The goals and objectives of the proposed Salt Creek Interceptor Project can be
sununarized as follows:
The objectives of the Project are to provide adequate and efficient sewage conveyance
facilities for existing and approved development in the eastemmost areas of the City of
Chula Vista, in accordance with the following objectives:
. In the developed portions of the City, the alignment of pipeline facilities should
follow existing roads or other linear public rights-of-way where practicable, rather
than establishing new easements over developed private property.
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8 Consideration should be given to Chula Vista City Council Policy #570-03, _.
- related to future decisions minimizing the use of sewage pump stations.
8 Within Reach 5 an existing segment of the pipeline was constJ¡ ¡tel! jp1995 in
conjunction with construction of a high pressure gas line in a parallel easement.
The Salt Creek Interceptor would connect to this existing facility.
IV.
RECORD OF PROCEEDINGS
For purposes of CEQA and the findings set forth below, the administrative record of the
City Council decision on the environmental analysis of this project shall consist of the
following:
. The Notice of Preparation and all other public notices issued by the City in
conjunction with the Project;
. The Draft and Final Program ErR for the project (EIR # 01-03), including the
Addendum, appendices and technical reports;
. All comments submitted by agencies or members of the public during the 45-day
public comment period on the Draft EIR;
-.
. All comments and correspondence submitted to the City vyi!h respect t~ the
Project, in addition to timely comments on the Draft ErR;
. The mitigation monitoring and reporting program for the Project;
. All findings and resolutions adopted by City decisionmakers in connection with
the Project, and all documents cited or referred to therein;
. All reports, studies, memoranda, maps, staff reports, or other planning documents
relating to the Project prepared by the City, consultants to the City, or responsible
or trustee agencies with respect to the City's compliance with the requirements of
CEQA and with respect to the City's actions on the Project;
. All documents submitted to the City by other public agencies or members of the
public in connection with the Project, up through the close of the public hearing
on July 10,2001; --
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. All documents submitted by members of the public and public agencies in
connection with the EIR on the project;
. Minutes and verbatim transcripts of all workshops, public meetings, and public
hearings held by the City of Chula Vista, or videotapes where transcripts are not
available or adequate;
. Any documentary or other evidence submitted at workshops, public meetings, and
public hearings; and
. Matters of common knowledge to the City of Chula Vista which they consider,
including but not limited to the following:
Chul& Vista General Plan
Relevant portions of the Zoning Codes of the City of Chula Vista
Final EastLake Planned Community Master EIR (EIR 81-3)
EastLake III/Olympic Training Center Final EIR (EIR 89-9)
-"".
Otay Ranch GDP EIR (EIR 90-01)
Any documents expressly cited in these findings, in addition to those cited
above; and
Otay Ranch ViJlage 11 EIR (EIR 01-02) Federal, State, and local laws and
regulations;
Any other materials required to be in the record of proceedings by Public
Resources Code section 21167.6, subdivision (e).
The custodian of the documents comprising the record of proceedings is Susan Bigelow,
Clerk to the City Council, whose office is located at276 Fourth Avenue, Chula Vista,
California, 91910.
The City Council has relied on &11 of the documents listed above in reaching its decision
on the Project, even if not every document was formally presented to the City Councilor
City Staff as part of the City files generated in connection with the Project. Without
exception, any documents set forth above not found in the Project files fall into one of
two categories. Many of them reflect prior planning or legislative decisions with which
the City was aware in approving the Salt Creek Interceptor Project. (See City of Santa
Cruz v. Local Agency Formation Commission (1978) 76 Cal.App.3d 381, 391-392 [142
Cal.Rptr. 873]; Dominey v. Department of Personnel Administration (1988) 205
6
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Cal.App.3d 729, 738, fu. 6 [252 Cal.Rptr. 620].) Other documents influenced the expert
advice provided to City Staff or consultants, who then provided advice to the City. For
that reason, such documents form part of the underlying factual basis for the City's
decisions relating to the adoption of Project. (See Pub. Resources Code, § 21167.6, subd.
(e)(10); Browning-Ferris Industries v. City Council of City of San Jose (1986) 181
Cal.App.3d 852, 866 [226 Cal.Rptr. 575]; Stanislaus Audubon Society, Inc. v. County of
Stanislaus (1995) 33 Cal.App.4th 144,153,155 [39 Cal.Rptr.2d 54].)
V.
TERMINOLOGYITHE PURPOSE OF FINDINGS UNDER CEQA
Public Resources Code section 21002 provides that "public agencies should not approve
projects as proposed if there are feasible alternatives or feasible mitigation measures
available which would substantially lessen the significant environmental effects of such
projects[.]" (Emphasis added.) The same statute states that the procedures required by
CEQA "are intended to assist public agencies in systematically identifying both the
significant effects of proposed projects and the feasible alternatives or feasible mitigation
measures which will avoid or substantially lessen such significant effects." (Emphasis
added.) Section 21002 goes on to state that "in the event [that] specific economic, social,
or other conditions make infeasible such project alternatives or such mitigation measures,
individual projects may be approved in spite of one or more significant effects."
The mandate and principles announced in Public Resources Code section 21002 are
implemented, in part, through the requirement that agencies must adopt findings before
approving projects for which EIRs are required. (See Pub. Resources Code, § 21081,
suM (a); CEQA Guidelines, § 15091, subd. (a).) For each significant environmental
effect identified in an EIR for a proposed project, the approving agency must issue a
written finding reaching one or more of three permissible conclusions. The first such
finding is that "[c]hanges or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental effect as
identified in the final EIR." (CEQA Guidelines, § 15091, suM (a)(1).) The second
permissible finding is that "[s]uch changes or alterations are within the responsibility and
jurisdiction of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be adopted by such
other agency." (CEQA Guidelines, § 15091, subd. (a)(2).) The third potential conclusion
is that "[s]pecific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained workers, make
infeasible the mitigation measures or project altematives identified in the final EIR."
(CEQA Guidelines, § 15091, subd. (a)(3).) Public Resources Code section 21061.1
defines "feasible" to mean "capable of being accomplished in a successful manner within
a reasonable period of time, taking into account economic, environmental, social and
7
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technological factors." CEQA Guidelines section 15364 adds another factor: "legal"
considerations. (See also Citizens of Gdleta Valley v. Board of Supervisors ("Goleta II")
(1990) 52 Cal.3d 553, 565 [276 Cal. Rptr. 410].)
The concept of "feasibility" also encompasses the question of whether a particular
alternative or mitigation measure promotes the underlying goals and objectives of a
project. (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417 [183
Cal.Rptr. 898].) '" [F]easibility' under CEQA encompasses 'desirability' to the extent that
desirability is based on a reasonable balancing of the relevant economic, environmental,
social, and technological factors." (Ibid.; see also Sequoyah Hills Homeowners Assn. v.
City of Oakland (1993) 23 Cal.App.4th 704, 715 [29 Cal.Rptr.2d 182].)
The CEQA Guidelines do not define the difference between "avoiding" a significant
environmental effect and merely "substantially lessening" such an effect. The City must
therefore glean the meaning of these terms from the other contexts in which the terms are
used. Public Resources Code section 21081, on which CEQA Guidelines section 15091
is based, uses the term "mitigate" rather than "substantially lessen." The CEQA
Guidelines therefore equate "mitigating" with "substantially lessening." Such an
understanding of the statutory term is consistent with the policies underlying CEQA,
which include the policy that "public agencies should not approve projects as proposed if
there are feasible alternatives or feasible mitigation measures available which would
substantially lessen the significant environmental effects of such projects." (Pub.
Resources Code, § 21002.)
For purposes of these findings, the term" avoid" refers to the effectiveness of one or more
mitigation measures to reduce an otherwise significant effect to a less than significant
level. In contrast, the term "substantially lessen" refers to the effectiveness of such
measure or measures to substantially reduce the severity of a significant effect, but not to
reduce that effect to a less than significant level. These interpretations appear to be
mandated by the holding in Laurel Hills Homeowners Association v. City Council (1978)
83 Cal.App.3d 515,519-527 [147 Cal.Rptr. 842], in which the Court of Appeal held that
an agency had satisfied its obligation to substantially lessen or avoid significant effects by
adopting numerous mitigation measures, not all of which rendered the significant impacts
in question (e.g., the "regional traffic problem") less than significant.
Although CEQA Guidelines section 15091 requires only that approving agencies specify
that a particular significant effect is "avoid [ed] or substantially lessen[ed]," these
findings, for purposes of clarity, in each case will specify whether the effect in question
has been reduced to a less than significant level, or has simply been substantially lessened
but remains significant.
Moreover, although section 15091, read literally, does not require findings to address
environmental effects that an EIR identifies as merely "potentially significant," these
findings will nevertheless fully account for all such effects identified in the Final EIR.
8
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In short, CEQA requires that the lead agency adopt mitigation measures or alternatives,
where feasible, to substantially lessen or avoid significant environmental impacts that
would otherwise occur. Project modification or alternatives are not required, however,
where such changes are infeasible or where the responsibility for modifYing the project
lies with some other agency. (CEQA Guidelines, § 15091, subd. (a), (b).)
With respect to a project for which significant impacts are not avoided or substantially
lessened either through the adoption of feasible mitigation measures or feasible
environmentally superior alternative, a public agency, after adopting proper findings, may
nevertheless approve the project if the agency first adopts a statement of overriding
considerations setting forth the specific reasons why the agency found that the project's
"benefits" rendered "acceptable" its "unavoidable adverse environmental effects." (CEQA
Guidelines, ~)5093,15043, subd. (b); see also Pub. Resources Code, § 21081, subd.
(b).) The California Supreme Court has stated that, "[t]he wisdom of approving. . . any
development project, a delicate task which requires a balancing of interests, is necessarily
left to the sound discretion ofthe local officials and their constituents who are responsible
for such decisions. The law as we interpret and apply it simply requires that those
decisions be informed, and therefore balanced." (Goleta II, 52 Cal.3d 553, 576.)
VI.
LEGAL EFFECT OF FINDINGS
To the extent that these findings conclude that proposed mitigation measures outlined in
the Program EIR are feasible and have not been modified, superseded or withdrawn, the
City of Chula Vista ("City" or "decisionmakers") hereby binds itself and any other
responsible parties, to implement those measures. These findings, in other words, are not
merely informational or hortatory, but constitute a binding set of obligations that will
come into effect when the City adopts the resolution(s) approving the project.
The adopted mitigation measures are express conditions of approval. Other requirements
are referenced in the mitigation monitoring reporting program adopted concurrently with
these findings, and will be effectuated through the process of implementing the project.
VII.
MITIGATION MONITORING PROGRAM
As required by Public Resources Code section 21081.6, subd. (a)(l), the City of Chula
Vista, in adopting these findings, also adopts a mitigation monitoring and reporting
program as prepared by the environmental consultant under the direction of the City. The
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program is designed to ensure that during project implementation, the applicant and any
other responsible parties comply with the feasible mitigation measures identified below.
The program is described in the document titled Salt Creek Interceptor Sewer Mitigation
Monitoring Reporting Program.
VIII.
SIGNIFICANT EFFECTS AND MITIGATION MEASURES
The Program EIR identified a number of direct and indirect significant environmental
effects (or "impacts") that the project will cause; some can be fully avoided through the
adoption of feasible mitigation measures, while others cannot be avoided.
The project will result in significant environmental changes to the following issues:
aesthetics, air quality, biological resources, cultural resources, geology and soils,
hydrology and water quality, land use and planning, noise traffic/trànsportation and
paleontological resources as a result of the Salt Creek Interceptor Sewer, Village 11
Laterals, and Olympic Training Center Lateral. These significant environmental changes
or impacts are discussed in Program EIR # 01-03 (City ID #) in Table ES-l on pages ES-
4 through ES-25 and in Chapter 3.0, pages 3.1-5 through 3.10-5.
The proposed project would also result in significant irreversible environmental changes
to land use, biological resources, energy and cultural resources.
A. AESTHETICS
Standards of Significance:
. The project will have a substantial, demonstrative negative aesthetic effect.
. The project will result in adverse alteration of existing long-duration foreground or
middle ground views from public viewing places.
. A substantial adverse visual alteration to any onsite natural feature due to grading or
construction of structures or roads. Considering such alterations, a significant impact
is inconsistent with the Chula Vista General Plan which states that open space
provides for the preservation of scenic vistas.
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Reaches 3 and 4 Policy Option 2
Significant Impact: The placemeñt of the pump station would create a direct project
impact on aesthetics. [Program EIR, Subchapter 3.1, pp. 3.1-8]
Finding: Pursuant to section l5091(a)(I) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the SEIR, below a level of significance.
Explanation: Because Policy Option 2 is not a gravity flow line, it would require
the placement of above-ground lift, or pump, stations. The construction of these
pump stations could create a negative aesthetic effect in or near the preserve
because the pump stations would be visible where they would not otherwise exist.
To reduce the effects, the design of the pump station housing and landscaping
could include camouflaging and other techniques to blend the pump stations into
the preserve.
Mitigation Measure: The following mitigation measure is feasible and is
required as a condition of approval and is made binding on the City through these
findings. [Program EIR, Subchapter 3.1, pp. 3.1-9]
. The City will appropriately design the pump station housing, landscaping
techniques to blend into the natural contour and surrounding vegetation, and
include additional camouflaging techniques appropriate within the preserve.
Significance After Mitigation: Less than significant.
B. AIR QUALITY
Standards of Significance
. Conflict with or obstruction of the implementation of an applicable air quality plan;
. Result in the release of substantial concentrations of pollutants such as ozone or
respirable particulates (PMlO);
. Create objectionable odors affecting a substantial number of people.
Reaches 3-9AJB, Policy Options 1, 2, 3 or 4
Significant Impact: Direct project impacts fÌ'om PMlO emissions during construction
for all reaches and Policy Options. [Program EIR, Subchapter 3.2, pp. 3.2-6 through 3.2-
7]
11
h.3J.
Finding: Pursuant to section 15091(a)(I) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the SEIR, below a level of significance.
Explanation: Due to the necessity of excavating for preparation of the pipeline
bed, transporting excess spoil soil and recovering the trench once the pipeline is in
place, soil movement is necessary. The movement of soil resources in the
capacity described for the project would result in the release of PMl 0 into the air.
To reduce the significance of these effects, best management practices outlined in
Subchapter 3.2, pp. 3.2-9 would be incorporated.
Mitigation Measure: The following mitigation measures are feasible and are
required as a condition of approval and are made binding on the City through
these findings. [Program EIR, Subchapter 3.2, pp. 3.2-9]
. The following Best Management Practices (BMPs) shall be employed during
all earthwork phases of the project:
1. The construction disturbance "footprint" shall be kept as small as possible;
2. Using adequate water and/or other dust palliatives on all disturbed areas in
order to avoid particle blow-off;
3. Washing down or sweeping streets fÌ'om which site access is taken to
remove dirt carried from the site to the street to keep vehicles from
pulverizing the dirt into fine particles;
4. Periodically street sweepers will be utilized to aid in the removal of dirt
carried from the site to the street.
5. Terminating soil excavation, clearing or grading when wind speeds exceed
25 mph for an hourly average;
6. Covering/tarring all vehicles hauling spoils on public roadways unless
additional moisture is added to prevent material blow-off during transport;
Significance After Mitigation: Less than Significant.
Significant Impact: Direct impacts to surrounding lands uses fÌ'om fugitive dust
emissions as a result of hauling excavated material fÌ'om the site [Program EIR,
Subchapter 3.2, pp. 3.2-6]
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Finding: Pursuant to section 15091(a)(1) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the SEIR, below a level of significance.
Explanation: Due to the necessity of excavating for preparation of the pipeline
bed, transporting excess spoil soil and recovering the trench once the pipeline is in
place, soil movement is necessary. The movement of soil resources in the
capacity described for the project would result in the release of PMl 0 into the air.
To reduce the significance of these effects, best management practices outlined in
Subchapter 3.2, pp. 3.2-9 would be incorporated.
Mitigation Measure: The following mitigation measure is feasible and is
required as a. condition of approval and are made binding on the City through
these findings. [Program EIR, Subchapter 3.2, pp. 3.2-9]
. The following Best Management Practices (BMPs) shall be employed during
all earthwork phases of the project:
1. The construction disturbance "footprint" shaÌl be kept as small as possible;
2. Using adequate water and/or other dust palliatives on all disturbed areas in
order to avoid particle blow-off;
3. Washing down or sweeping streets fÌ'om which site access is taken to
remove dirt carried fÌ'om the site to the street to keep vehicles from
pulverizing the dirt into fine particles;
4. Periodically street sweepers will be utilized to aid in the removal of dirt
carried from the site to the street.
5. Terminating soil excavation, clearing or grading when wind speeds exceed
25 mph for an hourly average;
6. Covering/tarring all vehicles hauling dirt or spoils on public roadways
unless additional moisture is added to prevent material blow-off during
transport;
Significance After Mitigation: Less than Significant.
Significant Impact: Direct project impacts as a result of combustion emissions. Even
thought these effects were not identified as significant, the San Diego Air Basin's non-
attainment of 03 and PMlO result in direct effects. [Program EIR, Subchapter 3.2, pp.
3.2-6 through 3.2-7]
13
~.
--.---
----
Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the SEIR, below a level of significance.
Explanation: Due to the necessity of using fossil fuel powered equipment such
as tract excavators, backhoes, dump trucks and diesel generators, the proposed
project would result in a short-term increase in combustion emissions within the
San Diego Air Basin. In order to reduce these effects, best management practices
included in Subchapter 3.2 , pp. 3.2-9 of the EIR would be implemented. In
addition, adherence to a traffic control plan would reduce emission impacts
related to traffic delays and would therefore further reduce combustion emission
related impacts.
Mitigation Measure: The following mitigation measures are feasible and are
required as a condition of approval and are made binding on the City through
these findings. [Program EIR, Subchapter 3.2, pp. 3.2-9]
. The following Best Management Practices (BMPs) shall be employed during
all earthwork phases of the project:
I. The construction disturbance "footprint" shaH be kept as small as possible;
2. Using adequate water and/or other dust palliatives on all disturbed areas in
order to avoid particle blow-off;
3. Washing down or sweeping streets fÌ'om which site access is taken to
remove dirt carried from the site to the street to keep vehicles fÌ'om
pulverizing the dirt into fine particles;
4. Periodically street sweepers will be utilized to aid in the removal of dirt
carried from the site to the street.
5. Terminating soil excavation, clearing or grading when wind speeds exceed
25 mph for an hourly average;
6. Covering/tarring all vehicles hauling dirt Or spoils on public roadways
unless additional moisture is added to prevent material blow-off during
transport;
. The construction contractor shall comply with the approved traffic control
plan to reduce non-project traffic congestion impacts. Methods to reduce
construction interference with existing traffic and the prevention of truck
queuing around local sensitive receptors shall be incorporated into this plan.
14
6
...---.-.'.. "-"'.'."
Significance After Mitigation: Less than Significant
Significant Impact: Direct project impacts to existing traffic flow on Main Street and
Otay Valley Road [Program EIR, subchapter 3.2, pp. 3.2-7]
Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the SEIR, below a level of significance.
Explanation: Due to the necessity for construction within Main Street and Otay
Valley Road, project construction would result in one lane closure on each
roadway. Traffic delays which may occur as a result of a lane closure would
result in an increase in combustion emissions. As outlined in the significance
criteria, an increase in combustion emissions constitutes a significant impact. In
order to reduce this effect, adhearance to the traffic control plan outlined in
Subchapter 3.9 of the EIR shall occur.
Mitigation Measure: The following mitigation measures are feasible and are
required as a condition of approval and are made binding on the City through
these findings. [Program EIR, Subchapter 3.2, pp. 3.2-9]
. The construction contractor shall comply with the approved traffic control
plan to reduce non-project traffic congestion impacts. Methods to reduce
construction interference with existing traffic and the prevention of truck
queuing around local sensitive receptors shall be incorporated into this plan.
Significance After Mitigation: Less than Significant
Reaches 3-9A/B PoUcy Option 2
Significant Impact: Direct effect of odor impacts from the pump station [Program
EIR, subchapter 3.2, pp. 3.2-8]
Finding: Pursuant to section IS091(a)(I) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the SEIR, below a level of significance.
Explanation: Depending on location and operating circumstances, pump stations
can have the potential to emit objectionable odors. The proposed pump station
would be located close enough to existing and future residences to qualifY as a
potential odor impact. In order to reduce this effect, odor control practices and
15
-. --.....--.----..... -.--.-.-----
mechanisms shall be incorporated into design of the pump station. Proper
maintenance will also ensure that odor effects are reduced.
Mitigation Measure: The following mitigation measures is feasible and is
required as a condition of approval and are made binding on the City through
these findings. [Program EIR, Subchapter 3.2, pp. 3.2-9]
. Proper odor control practices and mechanisms shall be incorporated into the
design of the pump station. The pump station shall also be properly
maintained to avoid objectionable odors to surrounding land uses.
Significance After Mitigation: Less than Significant.
C. BIOLOGICAL RESOURCES
Standards of Significance
. Substantial effects, including indirect effects such as habitat fÌ'agmentation, on a
rare or endangered species of plant or animal or habitat of that species is
considered a significant impact.
. Substantial interference with the movement of any resident or migratory fish or
wildlife species is considered a significant impact.
. Substantial reduction of habitat for fish, wildlife, or plants is considered a
significant impact.
. Impacts considered adverse to the assemblage of a preserve design consistent with
NCCP guidelines and planning efforts for this subregion are considered
significant.
Vegetation Communities
Reaches 3-8 AlB Policy Options 1 or 3
Significant Impact: Development of Reaches 3-8 A!B Policy Options 1 or 3 would
permanently impact a total of3.21 acres of natural upland plant communities (0.36 acres
of annual grassland, 0.89 acres of broom baccharis scrub, 0.22 acres of disturbed broom
baccharis scrub, 1.56 acres of coastal sage scrub and 0.18 acre of disturbed coastal sage
scrub), 0.31 acre of wetland communities (0.05 acre of cis montane alkali marsh, 0.07 acre
of cismontane alkali marsh/fÌ'eshwater marsh, 0.11 acre of disturbed wetland, 0.002 acre
of mule fat scrub, 0.03 acre of mixed riparian scrub, 0.05 acre of tamarisk scrub) and
26.16 acres of non-natural upland communities (0.83 acre of agriculture, 12.44 acres of
16
~ 7
--......---..... .-----.-.-
disturbed habitat and 12.89 acres of developed land). [Program EIR, Subchapter 3.3, pp.
3.3-34 through 3.3-35]
In addition, the proposed project would temporarily impact a total of 4.36 acre of natural
upland communities (0.38 acre of annual grassland, 0.89 acre of broom baccharis scrub,
0.20 acre of disturbed broom baccharis scrub2.73 acres of coastal sage scrub, 0.16 acre of
disturbed coastal sage scrub and 0.004 acre of southern cactus scrub), 0.35 acre of
wetland communities (0.06 acre of cismontane alkali marsh, 0.07 acre of cismontane
alkali marsh/freshwater marsh, 0.09 acre of disturbed wetland, 0.01 acre of mule fat
scrub, 0.07 mixed riparian scrub and 0.05 acre of tamarisk scrub) and 24.95 acres of non-
natural upland communities (0.82 acre of agriculture, 11.38 acre of disturbed habitat and
12.75 acre of developed land). [Program EIR, Subchapter 3.3, pp. 3.3-34 through 3.3-35]
Finding: Pursuant to section 15091(a)(I) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the SEIR, below a level of significance.
Explanation: Both permanent and temporary impacts to the above outlined
habitat types would constitute a significant effect due to the sensitive nature of
these resources. Disturbance to these habitats would result in impacts to rare or
listed threatened or endangered species within the project area. This impact is
identified as significant based on the significance criteria outlined above. The City
will mitigate _at the ratios outlined in Subchapter 3.3, pp. 3.3-48.
Mitigation Measures: The following mitigation measures are feasible and are
required as a condition of approval and are made binding on the City through
these findings. [Program EIR, Subchapter 3.3, pp. 3.3-48 through 3.3-50]
. UPLANDS:
Under the Subarea Plan - No additional mitigation is required for upland habitats,
since the project is considered a "planned facility" and the conservation analysis
for the MSCP and Subarea Plan considered implementation of the project. Under
the Subarea Plan the project complies with the siting criteria identified in the Plan.
Within the staging areas, natural upland habitats will be surveyed prior to
construction and protected with construction fencing to prevent encroachment.
Without the Subarea Plan - Restoration of all temporary disturbance areas shall be
conducted on site at a ratio of 1: 1. For areas where direct permanent impacts will occur,
mitigation of impacted coastal sage scrub (including undisturbed, disturbed and broom
baccharis scrub) shall be provided at a ratio of I: 1. For southem cactus scrub, the
17
/
b
---- ----- -----------------
mitigation ratio shall be 3:1 for direct, permanent impacts. For non-native grasslands the
ratio shall be 0.5: I. Mitigation for direct impacts shall be provided at an on site location
within existing disturbed areas, or at an off site location within the City of Chula Vista.
The revegetation plan will include collection of Otay tarplant seed within the impact area
and dispersed in the adjacent are within the Chula Vista Preserve. The top four inches of
topsoil disturbed by the project would be salvaged, as would native plants, and stored at
clearly marked areas for use in the revegetation plan. Within the staging areas, natural
upland habitats will be surveyed prior to construction and protected with construction
fencing to prevent encroachment.
. WETLANDS:
With or without the Subarea Plan - Mitigation for wetland vegetation is required
as follows: For permanent impacts, wetland habitat creation, enhancement, and/or
restoration of like-quality and like-functioning habitat at a ratio of 2: 1 shall be
performed. For temporary impacts, onsite restoration or enhancement of the
affected area at a ratio of 1 : 1 shall be performed.
Significance After Mitigation: Less than significant.
Reaches 3-8 A/B Policy Options 2 or 4
Significant Impact: Development of Reaches 3-8 AlE with Policy Options 2 or 4
would permanently impact a total of2.22 acres of natural upland communities (0.43 acre
of annual grassland, 0.04 acre of broom baccharis scrub, 1.69 acre of coastal sage scrub,
0.05 acre of disturbed coastal sage scrub, 0.01 acre of southern cactus scrub), 0.24 acre of
wetland communities (0.03 acre of cismontane alkali marsh, 0.07 acre of cismontane
alkali marsh/freshwater marsh, 0.11 acre of disturbed wetland and 0.03 acre of mixed
riparian scrub) and 27.96 acres of non-natural upland communities (1.76 acres of
agriculture,,12.88 acres of disturbed habitat and 13.32 acres of developed land). [Program
EIR, subchapter 3.3, pp. 3.3-34 through 3.3-36]
Development of Reaches 3-8 NB with Policy Options 2 or 4 would also temporarily
impact a total of 3.38 acres of natural upland vegetation (0.43 acre of annual grassland,
0.03 acre of broom baccharis scrub, 2.87 acres of coastal sage scrub, 0.04 acre of
disturbed coastal sage scrub, 0.01 acre of southern cactus scrub), 0.26 acre of wetland
communities (0.03 acre of cismontane alkali marsh, 0.07 acre of cismontane alkali
marsh/fÌ'eshwater marsh, 0.09 acre of disturbed wetlands and 0.07 acre of mixed riparian
scrub) and 26.73 acres of non-natural upland communities (1.76 acre of agriculture, 11.79
acres of disturbed habitat and 13.18 acres of developed land). [Program EIR, subchapter
3.3, pp. 3.3-34 through 3.3-36]
Finding: Pursuant to section 1509l(a)(l) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
18
b
_. .. .-. ... .__._....~.._..
substantially lessen or avoid the significant environmental effect as identified in
the SEIR, below a level of significance.
Explanation: Both permanent and temporary impacts to the above outlined
habitat types would constitute a significant effect due to the sensitive nature of
these resources. Disturbance to these habitats would result in impacts to rare or
listed tlueatened or endangered species within the project area. This impact is
identified as significant based on the significance criteria outlined above. The City
will mitigate at the ratios outlined in Subchapter 3.3, pp. 3.3-48.
Mitigation Measures: The following mitigation measures are feasible and are
required as a condition of approval and are made binding on the City through
these findings. [Program EIR, Subchapter 3.3, pp. 3.3-48 through 3.3-50]
. UPLANDS:
Under the Subarea Plan - No additional mitigation is required for upland habitats,
since the project is considered a "planned facility" and the conservation analysis
for the MSCP and Subarea Plan considered implementation of the project. Under
the Subarea Plan the project complies with the siting criteria identified in the Plan.
Within the staging areas, natural upland habitats will be surveyed prior to
construction and protected with construction fencing to prevent encroachment.
Without the Subarea Plan - Restoration of all temporary disturbance areas shall be
conducted on site at a ratio of 1: 1. For areas where direct permanent impacts will
occur, mitigation of impacted coastal sage scrub (including undisturbed, disturbed
and broom baccharis scrub) shall be provided at a ratio of 1: 1. For southern
cactus scrub, the mitigation ratio shall be 3:1 for direct, permaneat impacts. For
non-native grasslands the ratio shall be 0.5:1. Mitigation for direct impacts shall
be provided at an on site location within existing disturbed areas, or at an off site
location within the City of Chula Vista. The revegetation plan will include
collection of Otay tarplant seed within the impact area and dispersed in the
adjacent are within the Chula Vista Preserve. The top four inches of topsoil
disturbed by the project would be salvaged, as would native plants, and stored at
clearly marked areas for use in the revegetation plan. Within the staging areas,
natural upland habitats will be surveyed prior to construction and protected with
construction fencing to prevent encroachment.
. WETLANDS:
With or without the Subarea Plan - Mitigation for wetland vegetation is required
as follows: For permanent impacts, wetland habitat creation, enhancement, and/or
restoration of like-quality and like-functioning habitat at a ratio of 2: I shall be
19
~
_. ..-.-.......-- ..- .--..-.-
performed. For temporary impacts, onsite restoration or enhancement of the
affected area at a ratio of 1: 1 shall be performed.
Significance After Mitigation: Less than Significant.
Sensitive Plant Species
Reaches 3-8 AlE Policy Options 1 or 3
Significant Impact: Development of Reaches 3-8 AlE with Policy Options 1 or 3
would result in significant direct impacts to 2 southwestern spiny rush populations, 21
San Diego sunflower populations, 2 snake cholla populations and 1 variegated dudleya
populations. Although the EIR does not identify impacts to 1 population of south coast
salt scale, 7 populations of San Diego marsh-elder and 2 populations of San Diego barrel
cactus as significant, these impacts are included as mitigation for the project includes
mitigation for these species [Program EIR, subchapter 3.3, pp. 3.3-37 through 3.3-38]
Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program EIR, below a level of significance.
Explanation: Disturbance of existing rare plant individuals or populations is
significant due to the general decline and subsequent concern over the vitality of
these species throughout the San Diego County Area. As stated in the
Significance Criteria, the project would result in a significant impact if it has an
substantial effect, including an indirect effect, on a rare or endangered or
otherwise sensitive plant or animal species. In order to reduce these impacts to
levels below significance, the mitigation measures described below and on pp.
3.3-49 through 3.3-50 in the EIR will be implemented.
Mitigation Measures: The following mitigation measures are feasible and are
required as a condition of approval and are made binding on the City through
these findings. [Program ElR, Subchapter 3.3, pp. 3.3-49 through 3.3-50]
. Under the Subarea Plan - No additional mitigation is required for covered
species, since the project is considered a "planned facility" and the
conservation analysis for the MSCP and Subarea Plan considered
implementation of the project. Under the Subarea Plan scenario, Spring 2001
surveys for narrow endemics will be conducted to supplement the current
database regarding sensitive species within the area of potential effect. A
determination will be made that no more than 5% of the individuals within the
area of potential effect, for each narrow endemic species, would be directly
impacted by the project.
20
G
.__._.~_.._.~-_......_--~. ._-
Mitigation for impacts to non-covered species will be incorporation of seed or
nursery stock of those species into the preserved and/or restoration areas. As
an impact-reducing mitigation measure, salvagable plant species (San Diego
barrel cactus, snake cholla and variegated dudleya) will be salvaged prior to
construction and installed within the preserve (it should be noted that, while
impacts to San Diego barrel cactus have not been identified as significant, the
City proposes to conduct salvage for this species, and it is therefore, included
in this mitigation measure). Also, impacts to San Diego sunflower will be
mitigated through the use of San Diego sunflower seed or container plants in
the revegetation of temporary impact areas on the project site. Any narrow
endemic plant species found within the final staging areas will be avoided
through the placement of construction fencing around those populations prior
to construction. Indirect impacts shall be avoided through the use of Best
Management Practices, including strict limitations for all construction and
maintenance activities within the identified 40 foot and 20 foot corridors,
respectively.
. Without the Subarea Plan - As an impact-reducing mitigation measure,
salvagable plant species (San Diego barrel cactus, snake chona and variegated
dudleya) will be salvaged prior to construction and installed within the
preserve (it should be noted that, while impacts to San Diego barrel cactus
have not been identified as significant, the City proposes to conduct salvage
for this species, and it is therefore, included in this mitigation measure). Also,
impacts to San Diego sunflower will be mitigated through the use of San
Diego sunflower seed or container plants in the revegetation temporary impact
areas on the project site. Impacts to variegated dudleya and snake cholla will
be mitigated through the preservation of habitat containing those species
within the preserve. Any sensitive plant species found within the final staging
areas will be avoided through the placement of construction fencing around
those populations prior to construction. Indirect impacts shall be avoided
through the use of Best Management Practices, including strict limitations for
all construction and maintenance activities within the identified 40 foot and 20
foot corridors, respectively.
Significance After Mitigation: Less than Significant.
Reaches 3-8 AlB Policy Options 2 or 4
Significant Impact: Development of Reaches 3-8 AlE Policy Options 2 or 4 would
result in 1 population of southwestern spiny rush, 21 populations of San Diego sunflower,
1 population of snake cholla and 1 population of variegated dudleya. In addition, as a
result of surveys conducted in the spring of 2001, approximately 71 individual Otay
tarplant plants were discovered in the Policy Option 2 alignment (letter report supplement
Dudek and Associates, May 23, 2001). Although the EIR does not identify impacts to I
21
t -t/~
population of south coast salt scale, 8 populations of San Diego marsh-elder and 1
populations of San Diego barrel cactus as significant, these impacts are included as
mitigation for the project includes mitigation for these species [Program EIR, subchapter
3.3, pp. 3.3-37, 3.3-39 through 3.3-40]
Finding: Pursuant to section 15091(a)(1) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program EIR, below a level of significance.
Explanation: Disturbance of existing rare plant individuals or populations is
significant due to the general decline and subsequent concern over the vitality of
these species throughout the San Diego County Area. As stated in the
Significance Criteria, the project would result in a significant impact if it has an
substantial effect, including an indirect effect, on a rare or endangered or
otherwise sensitive plant or animal species. In order to reduce these impacts to
levels below significance, the mitigation measures described below and on pp.
3.3-49 through 3.3-50 in the EIR will be implemented.
Mitigation Measures: The following mitigation measures are feasible and are
required as a condition of approval and are made binding on the City through
these findings. [Program EIR, Subchapter 3.3, pp. 3.3-49]
. Under the Subarea Plan - No additional mitigation is required for covered
species, since the project is considered a "planned facility" and the
conservation analysis for the MSCP and Subarea Plan considered
implementation of the project. Under the Subarea Plan scenario, Spring 2001
surveys for narrow endemics will be conducted to supplement the current
database regarding sensitive species within the area of potential effect. A
determination will be made that no more than 5% of the individuals within the
area of potential effect, for each narrow endemic species, would be directly
impacted by the project.
Mitigation for impacts to non-covered species will be incorporation of seed or
nursery stock of those species into the preserved and/or restoration areas. As
an impact-reducing mitigation measure, salvagable plant species (San Diego
barrel cactus, snake cholla and variegated dudleya) will be salvaged prior to
construction and installed within the preserve (it should be noted that, while
impacts to San Diego barrel cactus have not been identified as significant, the
City proposes to conduct salvage for this species, and it is therefore, included
in this mitigation measure). Also, impacts to San Diego sunflower will be
mitigated through the use of San Diego sunflower seed or container plants in
the revegetation of temporary impact areas on the project site. Any narrow
endemic plant species found within the final staging areas will be avoided
22
(Ó
through the placement of construction fencing around those populations prior
to construction. Indirect impacts shall be avoided through the use of Best
Management Practices, including strict limitations for all construction and
maintenance activities within the identified 40 foot and 20 foot corridors,
respectively.
. Without the Subarea Plan - As an impact-reducing mitigation measure,
salvagable plant species (San Diego barrel cactus, snake cholla and variegated
dudleya) will be salvaged prior to construction and installed within the
preserve (it should be noted that, while impacts to San Diego barrel cactus
have not been identified as significant, the City proposes to conduct salvage
for this species, and it is therefore, included in this mitigation measure). Also,
impacts to San Diego sunflower will be mitigated through the use of San
Diego sunflower seed or container plants in the revegetation temporary impact
areas on the project site. Impacts to variegated dudleya and snake cholla will
be mitigated through the preservation of habitat containing those species
within the preserve. Any sensitive plant species found within the final staging
areas will be avoided through the placement of construction fencing around
those populations prior to construction. Indirect impacts shall be avoided
through the use of Best Management Practices, including strict limitations for
all construction and maintenance activities within the identified 40 foot and 20
foot corridors, respectively.
Significance After Mitigation: Less than Significant
Staging Areas
Significant Impact: Staging area use would result in direct impacts to 1 population of
California adolphia and 1 population of San Diego sunflower. Although the EIR does not
identify impacts to the population San Diego marsh-elder as significant, impacts to this
population are included as mitigation for the project includes mitigation for these species
[Program EIR, subchapter 3.3, pp. 3.3-37]
Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program EIR, below a level of significance.
Explanation: Disturbance of existing rare plant individuals or populations is
significant due to the general decline and subsequent concern over the vitality of
these species throughout the San Diego County Area. As stated in the
Significance Criteria, the project would result in a significant impact if it has an
substantial effect, including an indirect effect, on a rare or endangered or
otherwise sensitive plant or animal species. In order to reduce these impacts to
23
_.. . -- ._. ----..-----....----..
levels below significance, the mitigation measures described below and on pp.
3.3-49 through 3.3-50 in the EIR will be implemented.
Mitigation Measures: The following mitigation measures are feasible and are
required as a condition of approval and are made binding on the City through
these findings. [Program EIR, Subchapter 3.3, pp. 3.3-49]
. All sensitive plant populations within staging areas shall be completely
avoided
Significance After Mitigatton: Less than Significant
Sensitive Animal Species
Reaches 3-8 A/B, Policy Options 1, 2, 3 and 4
Significant Impact: Development of the project would result in direct impacts to the
federally listed threatened California gnatcatcher and federally listed endangered quino
checkerspot butterfly. [Program EIR, subchapter 3.3, pp. 3.3-41 through 3.3-42]
Finding: Pursuant to section 15091(a)(I) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program EIR, below a level of significance.
Explanation: Disturbance of the habitat or individuals of a federally listed
endangered or threatened species (in this case the California gnatcatcher) is
considered a significant impact as outlined in the Significance Standards above.
Construction of the pipeline would result in direct impacts to this sensitive species
as well as its habitat, a regulated resource. In order to reduce these impacts to
levels below significance, the mitigation measures described below and on pp.
3.3-49 through 3.3-50 in the EIR will be implemented.
Mitigation Measures: The following mitigation measures are feasible and are
required as a condition of approval and are made binding on the City through
these findings. [Program ErR, Subchapter 3.3, pp. 3.3-50 to 3.3-51]
. Under the Subarea Plan - No additional mitigation is required for covered
species, since the project is considered a "planned facility" and the
conservation analysis for the MSCP and Subarea Plan considered
-.'. . implementation of the project. Under the Subarea Plan the project complies
with the siting criteria identified in the Plan. In areas potentially affecting
24
t,
-. -..-------- .... ---.---.--. -.---..--..
least Bell's vireo nesting sites, noise levels will not exceed 60 CNEL during
the breeding season, March 15 to September 15. In areas potentially affecting
raptor and/or California gnatcatcher nesting sites, noise levels will be
modified, if necessary, to prevent noise fÌ'om negatively impacting the
breeding success of the pair during the breeding season (December 1 to May
31 for raptors and February 15 to August 15 for California gnatcatcher). The
quino checkerspot butterfly is a federally listed endangered species and may
not be covered by the Subarea Plan. If the quino checkerspot butterfly is
included in the Subarea Plan, the project shall comply with all mitigation and
monitoring for that species required by the Subarea Plan. If not, additional
surveys, in accordance with federal protocol, will be required in the year that
the project grading commences. If adult quino checkerspot butterflies are
found, avoidance through appropriate construction techniques and facility
maintenance activities shall be required. ,If avoidance is not possible, any
impacts to the species will require separate permitting under the federal
Endangered Species Act; the mitigation required under such a permit may
include, but not to be limited to, the purchase of additional mitigation land in
an offsite location. Indirect impacts shall be avoided through the use of Best
Management Practices, including strict limitations for all construction and
maintenance activities within the identified liD foot and 20 foot corridors,
respectively.
. Without the Subarea Plan - Mitigation for the identified direct impacts can be
achieved through habitat replacement, as identified in Mitigation Measure [a].
For gnatcatchers, an additional mitigation measure will be to ensure that
habitat replacement areas contained a I: 1 ratio of gnatcatcher pairs. The City
will be required to obtain a permit for gnatcatcher take under the federal
Endangered Species Act.
For quino checkerspot butterfly, additional surveys, in accordance with federal
protocol, will be required in the year that the project grading commences. If
adult quino checkerspot butterflies are found, avoidance through appropriate
construction techniques and facility maintenance activities shall be required.
If avoidance is not possible, purchase of mitigation land in an off site location
will be required. Any impacts to the species will require separate permitting
under the federal Endangered Species Act.
Nesting bird surveys will need to be conducted within 500 feet of construction
areas. If listed bird species are found nesting in these areas, mitigation
measures will be either to restrict construction activity during the breeding
season or reduce noise level to below 60 CNEL in those areas if construction
occurs during the breeding season.
25
ç;;
Indirect impacts shall be avoided through the use of Best Management
Practices, including strict . limitations for all construction and maintenance
activities within the identified 40 foot and 20 foot corridors, respectively.
Significant Impact: Short-term indirect impacts would occur to quino checkerspot
butterfly and nesting bird species [Program ErR, subchapter 3.3, pp. 3.3-41 through 3.3-
43]
Finding: Pursuant to section 1509l(a)(l) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program EIR, below a level of significance.
Explanation: Disturbance of the habitat or individuals of a federally listed
endangered or threatened species (in this case the Quino checkerspot butterfly) is
considered a significant impact as outlined in the Significance Standards above.
Construction of the pipeline would result in short-term indirect impacts to this
sensitive species as well as its habitat, a regulated resource. In order to reduce
these impacts to levels below significance, the mitigation measures described
below and on pp. 3.3-49 through 3.3-50 in the EIR will be implemented.
Mitigation Measures: The following mitigation measures are feasible and are
required as a condition of approval and are made binding on the City through
these findings. [Program EIR, Subchapter 3.3, pp. 3.3-50 to 3.3-51]
Under the Subarea Plan - No additional mitigation is required for covered
species, since the project is considered a "planned facility" and the conservation
analysis for the MSCP and Subarea Plan considered implementation of the
project. Under the Subarea Plan the project complies with the siting criteria
identified in the Plan. In areas potentially affecting least Bell's vireo nesting sites,
noise levels will not exceed 60 CNEL during the breeding season, March 15 to
September 15. In areas potentially affecting raptor and/or California gnatcatcher
nesting sites, noise levels will be modified, if necessary, to prevent noise from
negatively impacting the breeding success of the pair during the breeding season
(December 1 to May 31 for raptors and February 15 to August 15 for California
gnatcatcher). The quino checkerspot butterfly is a federally listed endangered
species and is not covered by the Subarea Plan. For quino checkerspot butterfly,
additional surveys, in accordance with federal protocol, will be required in the
year that the project grading commences. If adult quino checkerspot butterflies
are found, avoidance through appropriate construction techniques and facility
maintenance activities shall be required. If avoidance is not possible, any impacts
to the species will require separate permitting under the federal Endangered
Species Act; the mitigation required under such a permit may include, but not to
be limited to, the purchase of additional mitigation land in an offsite location.
26
b
.-.--. .-.......____m___- -...
Indirect impacts shall be avoided through the use of Best Management Practices,
including strict limitations for all construction and maintenance activities within
the identified 40 foot and 20 foot corridors, respectively. The following measures
will also be implemented to avoid impacts to quino checkerspot butterfly.
Restriction of all construction activity, east of the Hanson Aggregate
Mining Facility, during the adult flight season (as announced by the u.S.
Fish and Wildlife Service [USFWSJ).
Restriction fÌ'om large patches of dwarf plantain (Plantago erecta)
adjacent to the project corridor during the entire year. This includes the
potential staging area which contains approximately five acres of dwarf
plantain and was the location of a 2001 quino checkerspot observation.
These areas shall be marked via staking and flagging prior to construction;
stakes and flags are to be maintained throughout construction.
. Without the Subarea Plan - Mitigation for the identified direct impacts can be
achieved through habitat replacement, as identified in Mitigation Measure [a].
For gnatcatchers, an additional mitigation measure will be to ensure that
habitat replacement areas contained a 1: 1 ratio of gnatcatcher pairs. The City
will be required to obtain a permit for gnatcatcher take under the federal
Endangered Species Act.
For quino checkerspot butterfly, additional surveys, in accordance with federal
protocol, will be required in the year that the project grading commences. If
adult quino checkerspot butterflies are found, avoidance through appropriate
construction techniques and facility maintenance activities shall be required.
If avoidance is not possible, purchase of mitigation land in an offsite location
will be required. Any impacts to the species will require separate permitting
under the federal Endangered Species Act.
Nesting bird surveys will need to be conducted within 500 feet of construction
areas. If listed bird species are found nesting in these areas, mitigation
measures will be either to restrict construction activity during the breeding
season or reduce noise level to below 60 CNEL in those areas if construction
occurs during the breeding season.
Indirect impacts shall be avoided through the use of Best Management Practices,
including strict limitations for all construction and maintenance activities within
the identified 40 foot and 20 foot corridors, respectively. The following measures
will also be implemented to avoid impacts to quino checkerspot butterfly.
27
h
-_u .u...u.-..-.----.-----...,u.---_u..
Restriction of all construction activity, east of the Hanson Aggregate
Mining Facility, during the adult flight season (as announced by the U.S.
Fish and Wildlife Service [USFWS]).
Restriction fÌ'om large patches of dwarf plantain (Plantago erecta)
adjacent to the project corridor during the entire year. This includes the
potential staging area which contains approximately five acres of dwarf
plantain and was the location of a 2001 quino checkerspot observation.
These areas shall be marked via staking and flagging prior to construction;
stakes and flags are to be maintained throughout construction.
Significance After Mitigation: Less than Significant.
Jurisdictional Waters of the U.S.
Reaches 3-8 AlB Policy Options lod
Significant Effect: Development of the project would result in permanent impacts to
0.31 acre of wetlands and 0.04 acre ofunvegetated waters of the U.S. (776 linear feet of
impact). [Program EIR, subchapter 3.3, pp. 3.3-43 to 3.3-44]
Development of the project would also result in temporary impacts to 0.35 acre of
wetlands and 0.04 acre of unvegetated waters of the U.S. (606 linear feet of impact).
[Program ElR, subchapter 3.3, pp. 3.3-43 to 3.3-44]
Finding: Pursuant to section l5091(a)(I) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program EIR, below a level of significance.
Explanation: The proposed project would result in the reduction of wetland
habitats within the project area. Reduction of habitat for a fish, wildlife or plant
species is considered a significant impact as outlined in the Significance
Standards above. In order to mitigate these significant impacts to a level below
significance, mitigation measures on pp. 3.3-49 to 3.3-51 and described below
will be implemented.
Mitigation Measures: The following mitigation measures are feasible and are
required as a condition of approval and are made binding on the City through
these findings. [Program EIR, Subchapter 3.3, pp. 3.3-49 and 3.3-51]
. With or without the Subarea Plan - Mitigation for wetland vegetation is
required as follows: For pennanent impacts, wetland habitat creation,
enhancement, and/or restoration of like-quality and like-functioning habitat at
28
~
a ratio of 2: 1 shall be performed. For temporary impacts, onsite restoration or
enhancement of the affected area at a ratio of 1: 1 shall be performed.
. For unvegetated Waters of the U.S., topographic contours of all impacted
areas shall be restored to pre-construction conditions. Jurisdictional waters,
including wetlands, will be avoided in the staging areas through the placement
of construction fencing surrounding those sensitive areas prior to construction.
Separate permitting under the federal Clean Water Act for impacts to
jurisdictional wetlands and Waters of the U.S. will be required.
Significance After Mitigation: Less than Significant.
Reaches 3-8 A/B Policy Options 2 or 4
Significant Impact: Development of the project would result in permanent impacts to
0.24 acre of wetlands and 0.05 acre of unvegetated waters of the U.S. (798 linear feet of
impact). [Program ElR, subchapter 3.3, pp. 3.3-43 to 3.3-44]
Development of the project would also result in temporary impacts to 0.36 acre of
wetlands and 0.10 acre ofunvegetated waters of the U.S.'(l,174.1linear feet of impact).
[Program EIR, subchapter 3.3, pp. 3.3-43 to 3.3-44]
Finding: Pursuant to section l5091(a)(l) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program EIR, below a level of significance.
Explanation: The proposed project would result in the reduction of wetland
habitats within the project area. Reduction of habitat for a fish, wildlife or plant
species is considered a significant impact as outlined in the Significance
Standards above. In order to mitigate these significant impacts to a level below
significance, mitigation measures on pp. 3.3-49 to 3.3-51 and described below
will be implemented.
Mitigation Measures: The following mitigation measures are feasible and are
required as a condition of approval and are made binding on the City through
these findings. [Program EIR, Subchapter 3.3, pp. 3.3-49 and 3.3-51]
. With or without the Subarea Plan - Mitigation for wetland vegetation is
required as follows: For permanent impacts, wetland habitat creation,
enhancement, and/or restoration of like-quality and like-functioning habitat at
a ratio of 2: 1 shall be performed. For temporary impacts, onsite restoration or
enhancement of the affected area at a ratio of 1 : 1 shall be performed.
29
. For unvegetated Waters of the U.S., topographic contours of all impacted
areas shall be restored to pre-construction conditions. Jurisdictional waters,
including wetlands, will be avoided in the staging areas through the placement
of construction fencing surrounding those sensitive areas prior to construction.
Separate permitting under the federal Clean Water Act for impacts to
jurisdictional wetlands and Waters of the U.S. will be required.
Significance After Mitigation: Less than Significant.
Regional Corridors and Linkages
Reaches 3-8 AlB, Policy Options 1, 2, 3, or 4
Significant impacts to regional corridors and linkages would not occur as a result of these
project components.
MSCP and Chula Vista Subarea Plan Preserve Design
Reaches 3-8 A/B, Policy Options 1, 2, 3, or 4
Significant impacts to the MSCP would not occur as a result of these project components.
D. CULTURAL RESOURCES
Standards of Significance
Integrity: Integrity is the degree to which a subsurface deposit remains intact and
undisturbed. If the deposits have been disturbed, then the extent to which they retain
information to address important research questions must be determined.
Variability: The variability of a deposit is indicated by differences in a site's
stratigraphic pattern, which reflects changes that have occurred at the site through
time. Greater differences between artifacts fÌ'om different levels, whether in quantity,
type, or cultural affiliation, signifY more dynamic site variability and a greater
possibility that the site offers an opportunity to address important research questions
relating to human or environmental change or continuity through time.
Age: Age refers to the placement of a deposit in a particular time sequence,
which is essential to the assignment of cultural affiliation and chronology. Age is
generally determined by radiocarbon dating, although the recognition of index
artifacts (i.e., artifacts that are time-sensitive or culture-specific) at a site can also
provide a date. If obsidian is present at the site, hydration studies can furnish relative
dates for a site.
30
~
~ ----- ---~--~-- .._----~- --------
Function: Function is the role that a particular site played in the overall subsistence
pattern of a group of inhabitants of an area. Assuming that the artifacts recovered
from a site represent the range of activities that took place there, its function in the
subsistence pattern of the occupants can be defined. The analysis of an assemblage
should provide evidence of site activities. When this information is compared to
information fÌom other sites in the area, research questions that focus on intersite
relationships and catchment theories can be addressed.
Reaches 3-9 AlB Policy Options 1, 2, 3 or 4
Significant Impact: Undetected buried portions of sites may be indirectly affected
during construction [Program EIR, subchapter 3.4, pp. 3.4-15 and 3.2-16]
Finding: Pursuant to section 15091(a)(1) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program EIR, below a level of significance.
Explanation: The project may impact the integrity of unknown cultural
resources. Therefore due to the fact that impacts to these resources are somewhat,
unknown, a significant impact would occur. In order to prevent significant
impacts from occurring to these resources should they be encountered, mitigation
measures outlined on pp. 3.4-17 of the ErR and outlined below will be
implemented.
Mitigation Measures: The following mitigation measures are feasible and are
required as a condition of approval and are made binding on the City through
these findings. [Program EIR, Subchapter 3.4, pp. 3.4-17]
. Monitoring of all trenching and clearing activities during the pipeline
construction by a certified Archeologist;
. In the event that any undetected elements of the sites are encountered,
construction shall be halted at that location until the discovery can be
evaluated and mitigation measures implemented to reduce the significance of
impacts to a less than significant level The City of Chula Vista' a Mitigation
monitor will be notified following the suspension of work and, prior to any
action, in order to ensure that proper procedures are followed;
. Any activities related to the proposed project within the location of SDI-
12,809 will require boundary markers restricting access to a significant
archeological site located to the immediate north of the APE in this area. In
addition, a temporary barrier fence will be erected at the northern edge of the
31
b
-, -- --- ,---- -,-,---,," "'__"00
pipeline construction corridor to ensure that no encroachment into the
sensitive portions of the site would result
Significance After Mitigation: Less than Significant.
E. GEOLOGY AND SOILS
Standards of Significance
. The project will result in exposure of people or structures to major geologic or soils
hazards.
Reaches 3-9 A/B Policy Options 1, 2, 3, or 4
Significant Impact: Alteration of the existing structure of potentialJy unstable soils
[Program EIR, subchapter 3.5, pp. 3.5-10]
Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program EIR, below a level of significance.
Explanation: The alteration of the existing structure of unstable soils could
result in a hazard to humans, existing structures or the proposed project. As stated
in the Significance Standards, this would constitute a significant impact. In order
to reduce this impact to a level below significance, the mitigation measures
outlined on pp. 3.5-12 to 3.5-13 in the EIR and outlined below will be
implemented.
Mitigation Measures: The folJowing mitigation measures are feasible and are
required as a condition of approval and are made binding on the City through
these findings. [Program EIR, Subchapter 3.5, pp. 3.5-12 to 3.5-13]
. Removal depths shall be evaluated by a qualified geotechnial consultant
during excavation. Significant removals of compressible material are not
anticipated, and shall generally be limited to within 2 to 3 feet of the bottom
of the proposed sewer line. Compressible soils beneath the proposed sewer
alignment shall be removed to a minimum depth of 2 feet below the bottom of
the proposed sewer line. The lower excavation level shall be overlain with
Mirafi 600x (or equivalent). Mirafi 600x is a type of fabric utilized for
pipeline trench lining in order to provide for long-term trench stability.
32
b
..--.-... ...----.---..- --...----.--
Excess soil shall be replaced with 2 feet of crushed aggregate prior to
additional fill placement or construction of sewer improvements.
. Dewatering will increase the overburden pressure resulting in unwanted
settlement if it is done for wide areas. Due to the level of groundwater
existing above the proposed inlet elevation, dewatering methods near the
western portion of the alignment will consist of a conventional well-point
system.
. In areas where loose, saturated soils conditions are present, sections of pipe
foundations and pipe zones shall be fitted with stabilized fabric.
. Finer grain material shall be separated fÌ'om open-grade rock around pipeline
structures or within any portion of trench backfill. This will occur through the
installation of filter fabric to prevent piping and settlement.
. Vibratory shoring installation or removal methods shall be avoided within
areas currently supporting existing infÌ'astructure improvements. If vibratory
methods are necessary, a settlement analysis and/or settlement monitoring of
the pipeline or adjacent ground is required. If this method is necessary,
settlement monitoring of adjacent sidewalks and structures shall be evaluated
for shoring performance success.
Significance After Mitigation: Less than Significant.
Significant Impact: Heavy ripping and/or the use of heavy-duty earthwork equipment
may expose people or structures to an excavation hazard. [Program EIR, subchapter 3.5,
pp. 3.5-11]
Finding: Pursuant to section l5091(a)(l) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program EIR, below a level of significance.
Explanation: The use of heavy ripping and/or the use of heavy-duty earthwork
equipment may expose people to geologic hazards due to exposure of trenches, or
exposure to unstable rock or earthen material. As outlined in the Significance
Standards, exposure of people to potential geologic hazards constitutes a
significant impact. In order to reduce this potential impact to a level below
significance, the mitigation measure outlined on pp. 3.5-13 of the EIR and
outlined below will be implemented.
33
~--~-- ._---~~----~~------- -----------
-.-
Mitigation Measure: The following mitigation measure is feasible and is
required as a condition of approval and is made binding on the City through these
findings. [Program EIR, Subchapter 3.5, pp. 3.5-13]
. In order to address excavations associated with rippability of the pipeline
alignment, a rippability study shall be performed. This study will outline
detailed rippability of each geologic unit within the study area. A rippability
study may include a seismic refÌ'action survey and/or trackhoe excavation. If
the results of the rippability study or conditions discovered in the field during
construction require additional disturbance beyond the 40-foot construction
corridor width, additional environmental reviews of the area proposed to be
disturbed must be conducted.
Significance After Mitigation: Less than Significant.
Significant Impact: Caving of loose and/or saturated artificial fill and alluvium may
present a hazard to construction workers within and around pipeline trenches. [Program
EIR, subchapter 3.5, pp. 3.5-11]
Finding: Pursuant to section 15091(a)(1) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program EIR, below a level of significance.
Explanation: Caving of loose and/or saturated artificial fill and alluvium may
present hazards to construction workers as these materials are prone to give way
under weight of vehicles or people. As stated in the Significance Standards,
exposure of people to potential geologic or soil hazards is considered a significant
impact. In order to reduce the potential for this significant impact to occur, the
mitigation measure outlined on pp. 3.5-12 of the EIR and outlined below shall
occur.
Mitigation Measure: The following mitigation measure is feasible and is
required as a condition of approval and are made binding on the City through
these findings. [Program EIR, Subchapter 3.5, pp. 3.5-13]
. All excavation shall comply with OSHA requirements. Special care shall be
taken for excavation near existing improvements and to verity that the
integrity of the existing improvements will not be impacted. For shored
excavations, a qualified geotechnical consultant shall review and approve the
contractors proposed shoring design. Shoring and excavation design in the
area of Interstate 805 and Interstate 5 shall be performed in accordance with
the Caltrans Trenching and Shoring Manual.
34
b
Significance After Mitigation: Less than Significant.
Significant Impact: Pipeline jacking beneath Interstate 5 may result in passive earth
pressure at the location of the thrust block which could result in lateral support. [Program
EIR, subchapter 3.5, pp. 3.5-11]
Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant enviromnental effect as identified in
the Program EIR, below a level of significance.
Explanation: Pipe jacking beneath Interstate 5 would result in potential earth
pressure at the location of the thrust block. This pressure could result in structure
integrity issues for Interstate 5. As stated in the Significance Standards, exposure
of structures to major geologic or soil hazards is considered a significant impact.
In order to prevent this significant impact fÌ'om occurring, the mitigation measure
outlined in pp. 3.5-14 and described below shall occur.
Mitigation Measure: The following mitigation measure is feasible and is
required as a condition of approval and are made binding on the City through
these findings. [Program EIR, Subchapter 3.5, pp. 3.5-14]
. During pipe jacking underneath 1-5, a safety factor of two shall be included in
the design of any thrust blocks. In addition, pipe jacking beneath the existing
railroad spur shall be performed in accordance with regional and local
Caltrans and MTDB standards and requirements.
Significance After Mitigation: Less than Significance.
Significant Impact: Redirection of groundwater resources to surface waters
(dewatering). [Program ElR, subchapter 3.5, pp. 3.5-11]
Finding: Pursuant to section l5091(a)(l) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program EIR, below a level of significance.
Explanation: Redirection of groundwater resources to surface waters could pose
a potential threat to humans or structures as the structUre and/or stability of the
groundwater plume may be altered. This may cause weakening of the surface
area around the underground resource as well as potential soil erosion issues near
the point of discharge. As stated in the Significance Standards, potential geologic
or soil hazards are considered significant. In order to reduce these potential
35
t.
impacts to levels below significance, mitigation measures outlined on pp. 3.6-7
and described below shall occur.
Mitigation Measures: The following mitigation measures are feasible and are
required as a condition of approval and are made binding on the City through
these findings. [program ErR, Subchapter 3.5, pp. 3.5-13 and pp. 3.6-17]
. Dewatering shall be conducted in accordance with standard regulations of the
RWQCB. A permit to discharge water fÌ'om dewatering activities will be
required.
. In order to comply with existing regulations surrounding groundwater
discharge, an NPDES General Storm Water Pem1it Program Permit shall be
obtained by the City. This permit wilI require the City to outline all Best
Management Practices (BMPs) planned in order to reduce potential water
quality impacts. These BMPs are implemented through site specific
implementation of a Storm Water Pollution Prevention Program (S WPPP) and
is monitored by the Regional Water Quality Control Board.
Significance After Mitigation: Less than Significant.
Significant Effect: Seepage of ground or surface water into an exposed trench [Program
EIR, Subchapter 3.5, pp. 3.5-11 to 3.5-12]
Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program EIR, below a level of significance.
Explanation: Seepage of ground or surface water into an exposed trench may
present water quality issues or jeopardize the integrity of the trench. Exposure of
people or structures to potential geologic or soil hazards such as that described
above is considered to be a significant impact. In order to reduce potential
impacts to levels below significance, the mitigation measure outlined on pp. 3.5-
14 in the EIR and described below will occur.
Mitigation Measure: The following mitigation measure is feasible and is
required as a condition of approval and is made binding on the City through these
findings. [Program ErR, Subchapter 3.5, pp. 3.5-14]
. In order to control seepage into exposed trench areas, tight sheathing will be
located within the trench. If this method is not possible, pumping by way of a
sump located at the base of the trench will be employed. A combination of
both methods may be necessary in some alignment locations.
36
h
- --- -_.---- - - ------- ------------------
Significance After Mitigation: Less than Significant.
F. HYDROLOGY AND WATER QUALITY
Standards of Significance
. The project will result in a violation of water quality standards or waste discharge
requirements as set by the San Diego Regional Water Quality Control Board;
. The project will substantially deplete groundwater supplies or interfere substantially
with groundwater recharge;
. The project will substantially alter the existing drainage pattern of the site or area
which would result in substantial erosion or siltation on or off site;
. The project will substantially increase the rate or amount of surface runoff in a
manner which would result in flooding on or off site;
. The project will create or contribute runoff water which would exceed the capacity of
existing or plarmed stormwater drainage systems or provide additional sources of
polluted runoff;
. The project will result in alteration of an existing 1 DO-year floodplain or flood regime;
. The project will subject existing or proposed people or structures to flooding due to
alteration or disturbance to an existing floodplain;
. The project will potentially degrade the water quality associated with a sensitive
wetland or hydrologic resource; and
. The project will substantially degrade water quality.
Reaches 3-9 AlB Policy Options I, 2, 3, or 4
Significant Impact: Exposure of the pipeline to scour effects as a result of its location
within a delineated 1 DO-year floodplain. [Program EIR, subchapter 3.6, pp. 3.6-13]
Finding: Pursuant to section l5091(a)(I) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program EIR, below a level of significance.
Explanation: Construction of the pipeline within a delineated 1O0-year
floodplain leaves the potential for scour impacts to this infrastructure facility. As
37
¿;
_. -..-.-.---- ---------- ..---
outlined in the Significance Standards, subjecting an existing or proposed
structure to flooding hazards due to alteration or disturbance to an existing
floodplain constitutes a significant impact. In order to reduce this potentially
significant impact fÌ'om occurring, the mitigation measure outlined on pp. 3.6-16
of the EIR and described below will occur.
Mitigation Measure: The following mitigation measure is feasible and is
required as a condition of approval and are made binding on the City through
these findings. [Program EIR, Subchapter 3.6, pp. 3.6-16]
. A scour analysis of the Otay River and Salt Creek shall be completed during
final design to determine potential pipeline washout dangers commonly
associated with major flooding events. Subsequent to this analysis, design of
the pipeline and construction specifications shall include recommendations
from the report to ensure that potential impacts fÌ'om scouring do not impact
the integrity of the pipeline.
Significance After Mitigation: Less than Significant.
Significant Impact: Exposure of surface water resources to groundwater during trench
and construction area dewatering. [Program EIR, subchapter 3.6, pp. 3.6-14]
Finding: Pursuant to section l509l(a)(l) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program EIR, below a level of significance.
Explanation: Exposure of surface water resources to groundwater as a result of
trench construction and dewatering could degrade local surface water quality in
addition to potentially degrading water quality of sensitive aquatic resources such
as wetlands. As outlined in the Significance Standards, degredation of water
quality as well as potential degredation of sensitive aquatic resource water quality
is considered a significant impact. In order to reduce these potential impacts
below a level of significance, the mitigation measure outlined on pp. 3.6-17 of the
ErR and outlined below will occur.
Mitigation Measure: The following mitigation measure is feasible and is
required as a condition of approval and is made binding on the City through these
findings. [Program EIR, subchapter 3.6, pp. 3.6-17]
. Dewatering shall be conducted in accordance with standard regulations of the
RWQCB. A permit to discharge water from dewatering activities will be
required.
38
6
.-.- - .--------- .
Significance After Mitigation: Less than Significant.
Significant Impact: The potential to violate existing water quality standards and
guidelines [Program ElR, subchapter 3.6, pp. 3.6-14]
Finding: Pursuant to section 15091(a)(1) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program EIR, below a level of significance.
Explanation: The proposed project could violate existing water quality control
plans through the discharge of groundwater resources as well as construction
within or near natural, sensitive waterways. As outlined in the Significance
Standards, violation of water quality standards or waste discharge requirements
set by the Regional Water Quality Control Board is considered a significant
impact. In order to reduce potential impacts to levels below significance, the
mitigation measure listed on pp. 3.6-17 of the EIR and described below will be
implemented.
Mitigation Measure: The following mitigation measure is feasible and is
required as a condition of approval and is made binding on the City through these
findings. [Program EIR, subchapter 3.6, pp. 3.6-17]
. In order to comply with existing regulations surrounding groundwater
discharge, an NPDES General Storm Water Permit Program Permit shall be
obtained by the City. This permit will require the City to outline all Best
Management Practices (BMPs) planned in order to reduce potential water
quality impacts. These BMPs are implemented through site specific
implementation of a Storm Water Pollution Prevention Program (SWPPP) and
is monitored by the Regional Water Quality Control Board.
Significance After Mitigation: Less than Significant.
Significant Impact: Potential turbidity effects to surface waters as a result of exposed
trench soils. [Program EIR, subchapter 3.6, pp. 3.6-14]
Finding: Pursuant to section IS091(a)(1) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program EIR, below a level of significance.
Explanation: Should weather events occur during construction, exposed trench
soils may wash away and result in turbididy in local waterways. As outlined in
the Significance Standards, substantially altering the existing drainage pattern of a
39
-- ----_____m --- ----' --------
site or area which would result in substantial erosion or siltation on or off site
would constitute a significIDt impact. In order to reduce potential impacts to
below a level of significance, the mitigation measure descirbed on pp. 3.6-17 of
the EIR and outlined below shall occur.
Mitigation Measure: The following mitigation measure is feasible and is
required as a condition of approval and is made binding on the City through these
findings. [Program EIR, subchapter 3.6, pp. 3.6-17]
. During construction, material stockpiles shall be placed such that they cause
minimal interference with on-site drainage patterns. In case of rain, exposed
stockpiles shall be covered with impermeable materials such as tarps in order
to allow drainage to occur without excessive sediment loading.
Significance After Mitigation: Less than Significant.
Significant Impact: Potential impacts to South San Diego Bay as a result of
construction run-off and construction equipment impacts. [Program EIR, subchapter 3.6,
pp. 3.6-17].
Finding: Pursuant to section 15091(a)(I) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program EIR, below a level of significance.
Explanation: Due to the exposure of soils during construction, run-off from the
project construction site could result in downstream water quality impacts. As
stated in the Significance Standards, affecting the water quality of a sensitive
wetland or hydrologic resources such as South San Diego Bay would result in
significant impacts. In order to reduce these impacts to a level below
significance, the mitigation measure described on pp. 3.6-17 of the EIR and
described below shall occur.
Mitigation Measure: The following mitigation measure is feasible and is
required as a condition of approval and is made binding on the City through these
findings. [Program EIR, subchapter 3.6, pp. 3.6-17]
. In order to minimize potential impacts to sensitive hydrologic resources
associated with the South San Diego Bay, all equipment required for both
construction, general operation and periodic maintenance shall be refueled or
maintained within existing City of Chula Vista or San Diego street areas or
designated staging areas. Best Management Practices to contain accidental
spills of hazardous materials shall be utilized when performing maintenance or
refueling. All stationary equipment, such as motors, pumps, generators, and
40
-- -~-- - ------- ------~
welders, shall be stored on existing city streets or designated staging areas.
When equipment is being utilized along the pipeline alignment, drip pans shall
be placed under all potential discharge conduits or leaks.
Significance After Mitigation: Less than Significant.
G. LAND USE AND PLANNING
Standards of Significance
. The project would have a direct land use conflict resulting in the need to relocate
existing residences or businesses;
. The project would result in a direct conflict with existing or planned land uses;
. The project would result in the removal of existing community elements (e.g., trees)
that have been identified by the community as important in defining community
character~
. The project would conflict with adopted land use plans and policies;
. The project would temporarily substantially impede regular activities associated with
an existing land use. This would include blocking vehicular access to a land use for
more than four hours in a day.
Reaches 3-8 AlB Policy Options 1, 2, 3 or 4
Significant Impact: Temporary detours and limitations to access to quarry operations.
[Program EIR, subchapter 3.7, pp. 3.7-17].
Finding: Pursuant to section 15091(a)(1) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program ErR, below a level of significance.
Explanation: Temporarily impacting accessibility to business would occur
during project construction. As outlined in the Significance Standards, temporary
restriction fÌ'om a land use is considered a significant impact. In order to reduce
potential impacts to land use accessibility, the mitigation measure outlined on pp.
3.9-10 through 3.9-11 and described below will occur.
41
(; -10,)"
u_--" --"---"",,----
Mitigation Measure: The following mitigation measure is feasible and is
required as a condition of approval and is made binding on the City through these
findings. [Program EIR, subchapter 3.6, pp. 3.9-10 through 3.9-11]
. A traffic control plan shall be prepared prior to construction and implemented
for all affected roadways. The traffic control plan will show all signage,
striping, delineate detours, flagging operations, and any other procedures
which will be used during construction to guide motorists safely through the
construction zone and allow for a minimum of one lane of travel. The traffic
control plan will also include provisions for coordinating with local
emergency service providers regarding construction times and locations of
lane closures as well as specifications for bicycle lane safety.
The Traffic Control Plan will be prepared in accordance with the City of
Chula Vista's traffic control guidelines and will be prepared to ensure that
access will be maintained to individual properties and businesses, and that
emergency access will not be restricted. Additionally, the Plan will ensure
that congestion and delay of traffic resulting fÌ'om project construction are not
substantially increased and will be of a short -term nature.
The limits of constructiQn work area(s) and suggested alternate traffic routes
for through traffic will be published in a local newspaper periodically
throughout the construction period. In addition, the construction contractor
shall provide not less than a 2-week written notice prior to the start of
construction by mailing to owners/occupants along streets to be impacted
during construction.
During construction, the City of Chula Vista will ensure that continuous,
unobstructed, safe and adequate pedestrian and vehicular access to and fÌ'om
public facilities such as public utility stations and community centers will be
provided. If normal access to these facilities is blocked by construction
alternative access shall be provided. Should this occur, the City of Chula
Vista will coordinate with each facility's administrators in preparing a plan for
altemative access.
During construction, the City of Chula Vista shall ensure that continuous,
unobstructed, safe and adequate pedestrian and vehicular access to
commercial/ industrial establishments, to include areas where mining
operations are being conducted, during regular business hours occurs.
Specific attention to the wide turning radius of large trucks associated with the
Otay Landfill and other commercial/ industrial facilities along Main Street
shall be accommodated. If normal access to business establishments is
blocked, alternative access shall be provided. The City of Chula Vista shall
coordinate with the businesses in preparing a plan for alternative access.
42
t
-. .----.-...----..--. - -----
During construction, the City of Chula Vista shall maintain continuous
vehicular and pedestrian access to residential driveways fÌ'om the public street
to the private property line, except where necessary construction precludes
such continuous access for reasonable periods oftime. For example, when the
pipeline is initially being excavated, access to individual driveways may be
closed during the course of a workday. Access shall be reestablished at the
end of the workday. If a driveway needs to be closed or interfered with as
described above, the construction contractor shall notifY the owner or
occupant of the closure of the driveway at least five working days prior to the
closure.
Methods to maintain safe, vehicular and pedestrian access include the
installation of temporary bridge or steel plates to cross over unfilled
excavations. Whenever sidewalks or roadways are removed for construction,
the contractor shall place temporary sidewalks or roadways promptly after
backfilling until the final restoration has been made.
The traffic control plan shall include provisions to ensure that the construction
contractor's work in any public street does not interfere unnecessarily with the
work of other agencies such as emergency services providers, mail delivery,
school buses, waste services, or Chura Vista Transit Buses.
Significance After Mitigation: Less than Significant.
Reaches 9 AlB
Significant Impact: Temporary detours and limitations to access to quarry operations.
[Program EIR, subchapter 3.7, pp. 3.7-17 through 3.7-18].
Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program ErR, below a level of significance.
Explanation: Temporarily impacting accessibility to business would occur
during project construction. As outlined in the Significance Standards, temporary
restriction fÌ'om a land use is considered a significant impact. In order to reduce
potential impacts to land use accessibility, the mitigation measure outlined on pp.
3.9-10 through 3.9-11 and described below will occur.
Mitigation Measure: The following mitigation measure is feasible and is
required as a condition of approval and are made binding on the City through
these findings. [Program EIR, subchapter 3.6, pp. 3.9-10 through 3.9-11]
43
b
- _. ------------.- ..-..------------
. A traffic control plan shall be prepared prior to construction and implemented
for all affected roadways. The traffic control plan will show all signage,
striping, delineate detours, flagging operations, and any other procedures
which will be used during construction to guide motorists safely through the
construction zone and allow for a minimum of one lane of travel. The traffic
control plan will also include provisions for coordinating with local
emergency service providers regarding construction times and locations of
lane closures as well as specifications for bicycle lane safety.
The Traffic Control Plan will be prepared in accordance with the City of
Chula Vista's traffic control guidelines and will be prepared to ensure that
access will be maintained to individual properties and businesses, and that
emergency access will not be restricted. Additiònally, the Plan will ensure
that congestion and delay of traffic resulting fÌ'om project construction are not
substantially increased and will be of a short-term nature.
The limits of construction work area(s) and suggested alternate traffic routes
for through traffic will be published in a local newspaper periodically
throughout the construction period. In addition, the construction contractor
shall provide not less than a 2-week written notice prior to the start of
construction by mailing to owners/occupants along streets to be impacted
during construction.
During construction, the City of Chula Vista will ensure that continuous,
unobstructed, safe and adequate pedestrian and vehicular access to and from
public facilities such as public utility stations and community centers will be
provided. If normal access to these facilities is blocked by construction
alternative access shall be provided. Should this occur, the City of Chula
Vista will coordinate with each facility's administrators in preparing a plan for
alternative access.
During construction, the City of Chula Vista shall ensure that continuous,
unobstructed, safe and adequate pedestrian and vehicular access to
commercial! industrial establishments, to include areas where mining
operations are being conducted, during regular business hours occurs.
Specific attention to the wide turning radius of large trucks associated with the
Otay Landfill and other commercial/ industrial facilities along Main Street
shall be accommodated. If normal access to business establishments is
blocked, alternative access shall be provided. The City of Chula Vista shall
coordinate with the businesses in preparing a plan for alternative access.
During construction, the City of Chula Vista shalJ maintain continuous
vehicular and pedestrian access to residential driveways fÌ'om the public street
to the private property line, except where necessary construction precludes
44
(p
such continuous access for reasonable periods of time. For example, when the
pipeline is initialIy being excavated, access to individual driveways may be
closed during the course of a workday. Access shall be reestablished at the
end of the workday. If a driveway needs to be closed or interfered with as
described above, the construction contractor shall notify the owner or
occupant of the closure of the driveway at least five working days prior to the
closure.
Methods to maintain safe, vehicular and pedestrian access include the
installation of temporary bridge or steel plates to cross over unfilled
excavations. Whenever sidewalks or roadways are removed for construction,
the contractor shall place temporary sidewalks or roadways promptly after
backfilling until the final restoration has been made.
The traffic control plan shalI include provisions to ensure that the construction
contractor's work in any public street does not interfere unnecessarily with the
work of other agencies such as emergency services providers, mail delivery,
school buses, waste services, or Chula Vista Transit Buses.
Significance After Mitigation: Less than Significant.
Significant Impact: Blocking vehicular access to an existing land use including
commercial, industrial, residential and public facilities for more than four hours in a day
[Program EIR, subchapter 3.7, pp. 3.7-18 through 3.7-19]
Finding: Pursuant to section 15091(a)(1) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program EIR, below a level of significance.
Explanation: Temporarily impacting accessibility to businesses and/or residences
would occur during project construction. As outlined in the Significance
Standards, temporary restriction from a land use is considered a significant
impact. In order to reduce potential impacts to land use accessibility, the
mitigation measure outlined on pp. 3.9-10 through 3.9-11 and described below
will occur.
Mitigation Measure: The foIlowing mitigation measure is feasible and is
required as a condition of approval and is made binding on the City through these
findings. [Program EIR, subchapter 3.6, pp. 3.9-9 through 3.9-11]
. In order to prevent an increase in congestion and delay fÌ'om the Coors
Amphitheatre concert loading and unloading events, facility design and
placement shaIl be such that three eastbound lanes are available during the
45
{. /
to
_. -..-...-----. ..-
concert season. This is intended to prevent additional congestion and delay
fÌ'om occurring during event loading (ingress). This measure will mitigate
potential impacts to Main Street and I-80S, since no restrictions to the
eastbound lanes would result and lane configurations would be the same as
under existing loading procedure. In addition, no lane closures would be
allowed during loading and unloading of a concert event.
Signifcance After Mitigation: Less than Significant.
Significant Impact: Multiple planned projects are constructed simultaneously with the
proposed project. [Program EIR, subchapter 3.7, pp. 3.7-19]
Finding: Pursuant to section 1509l(a)(J) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program EIR, below a level of significance.
Explanation: The construction of multiple projects in one area at a time can
result in blocking access to land uses, causing the need to relocate existing
residences or land uses, alteration of a physical arrangement of a community or
conflict with adopted land use plans and/or policies. As outlined in the
Significance Standards above, all of these conflicts are considered significant
impacts. In order to reduce these impacts to levels below significance, the
mitigation measure outlined on pp. 3.7-20 of the EIR and described below would
be implemented.
Mitigation Measure: The following mitigation measure is feasible and is
required as a condition of approval and is made binding on the City through these
findings. [Program EIR, subchapter 3.7,3. 3.7-20]
. During project design, the City of Chula Vista will coordinate with each
jurisdiction affected by the project to determine the exact limits of project
construction. This coordination effort is intended to prevent any conflicts
resulting from other projects occurring within the direct vicinity of the project
and within the same time period.
Coordination with the following jurisdictional departments will occur in
conjunction with the proposed project:
8 City of San Diego Traffic Engineering
8 City of Chula Vista Engineering
8 MTDB
46
6 7
---"-" ---"-"--
. Caltrans
. Project construction within a fÌ'eeway right-of-way will require a licensing
agreement between the City of Chula Vista and Caltrans. This agreement
will delineate all details such as tunneling, specifications for pipeline
depth below surface and encasement requirements. This document will
also discuss safety issues such as the use of a flag crew during work within
the right-of-way.
Significance After Mitigation: Less than Significant.
Significant Impact: Potential impacts to existing land uses and public agency right-of-
ways. [Program EIR, subchapter 3.7, pp. 3.7-20]
Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program EIR, below a level of significance.
Explanation: Potential impacts to existing land uses including public rights of
way would result in a significant impact. As outlined in the Significance
Standards outlined above, direct conflict with existing or planned land uses would
result in a significant impact. In order to reduce potential impacts to a level below
significance, the mitigation measure outlined on pp. 3.7-20 of the EIR and
described below would occur.
Mitigation Measure: The following mitigation measure is feasible and is
required as a condition of approval and is made binding on the City through these
findings. [Program EIR, subchapter 3.7, pp. 3.7-20]
. During project design, the City of Chula Vista will coordinate with each
jurisdiction affected by the project to determine the exact limits of project
construction. This coordination effort is intended to prevent any conflicts
resulting fÌ'om other projects occurring within the direct vicinity of the project
and within the same time period.
Coordination with the following jurisdictional departments will occur in
conjunction with the proposed project:
. City of San Diego Traffic Engineering
. City of Chula Vista Engineering
. MTDB
47
,-.-------.---------
. Caltrans
. Project construction within a fÌ'eeway right-of-way will require a licensing
agreement between the City of Chula Vista and Caltrans. This agreement
will delineate all details such as tunneling, specifications for pipeline
depth below surface and encasement requirements. This document will
also discuss safety issues such as the use of a flag crew during work within
the right-of-way.
Significance After Mitigation: Less than Significant.
H. NOISE
Significant impacts as a result of noise were not identified.
I. TRAFFICITRANSPORT A TION
Standards of Significance
. The project would close or alter access to an individual property or public facility;
. The project would close a road without sufficient detours;
. The project would change traffic patterns in such a way that congestion and delay are
substantially increased or emergency access is restricted (e.g., fire, police,
ambulance) on street segments or at intersections.
. The project would cause a significant safety hazard;
. The project would subjecting any portion of roadway to a significant increase in
construction traffic;
. The project would interfere with planned roadway improvements.
Reaches 3-8 A/B Policy Options 1, 2, 3, or 4
Significant Impact: Loss of access to a quarry operation. [Program ErR, subchapter
3.9, pp. 3.9-8]
Finding: Pursuant to section 1509l(a)(l) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program EIR, below a level of significance.
48
6
~~._---_..-
Explanation: Temporarily impacting accessibility to a business would occur
during project construction. As outlined in the Significance Standards, temporary
restriction from a land use is considered a significant impact. In order to reduce
potential impacts to land use accessibility, the mitigation measure outlined on pp.
3.9-10 through 3.9-11 and described below will occur.
Mitigation Measure: The following mitigation measure is feasible and is
required as a condition of approval and is made binding on the City through these
findings. [Program ElR, subchapter 3.9, pp. 3.9-10 through 3.9-11]
. A traffic control plan shall be prepared prior to construction and implemented
for all affected roadways. The traffic control plan will show all signage,
striping, delineate detours, flagging operations, and any other procedures
which will be used during construction to guide motorists safely through the
construction zone and allow for a minimum of one lane of travel. The traffic
control plan will also include provisions for coordinating with local
emergency service providers regarding construction times and locations of
lane closures as well as specifications for bicycle lane safety.
The Traffic Control Plan will be prepared in accordance with the City of
Chula Vista's traffic control guidelines and will be prepared to ensure that
access will be maintained to individual properties and businesses, and that
emergency access will not be restricted. Additionally, the Plan will ensure
that congestion and delay of traffic resulting from project construction are not
substantially increased and will be of a short-term nature.
The limits of construction work area(s) and suggested alternate traffic routes
for through traffic will be published in a local newspaper periodically
throughout the construction period. In addition, the construction contractor
shall provide not less than a 2-week written notice prior to. the start of
construction by mailing to owners/occupants along streets to be impacted
during construction.
During construction, the City of Chula Vista will ensure that continuous,
unobstructed, safe and adequate pedestrian and vehicular access to and from
public facilities such as public utility stations and community centers will be
provided. If normal access to these facilities is blocked by construction
alternative access shall be provided. Should this occur, the City of Chula
Vista will coordinate with each facility's administrators in preparing a plan for
alternative access.
During construction, the City of Chula Vista shall ensure that continuous,
unobstructed, safe and adequate pedestrian and vehicular access to
commercial/ industrial establishments, to include areas where mining
49
6
..-------.---.-------..--- ._--
operations are being conducted, during regular business hours occurs.
Specific attention to the wideturniI\g radius of large trucks associated with the
Otay Landfill and other commercial! industrial facilities along Main Street
shall be accommodated. If normal access to business establishments is
blocked, alternative access shall be provided. The City of Chula Vista shall
coordinate with the businesses in preparing a plan for alternative access.
During construction, the City of Chura Vista shall maintain continuous
vehicular and pedestrian access to residential driveways from the public street
to the private property line, except where necessary construction precludes
such continuous access for reasonable periods of time. For example, when the
pipeline is initially being excavated, access to individual driveways may be
closed during the course of a workday. Access shall be reestablished at the
end of the workday. If a driveway needs to be closed or interfered with as
described above, the construction contractor shall notify the owner or
occupant of the closure of the driveway at least five working days prior to the
closure.
Methods to maintain safe, vehicular and pedestrian access include the
installation of temporary bridge or steel plates to cross over unfilled
excavations. Whenever sidewalks or roadways are removed for construction,
the contractor shall place temporary sidewalks or roadways promptly after
backfilling until the final restoration has been made.
The traffic control plan shall include provisions to ensure that the construction
contractor's work in any public street does not interfere unnecessarily with the
work of other agencies such as emergency services providers, mail delivery,
school buses, waste services, or Chula Vista Transit Buses.
Significance After Mitigation: Less than Significant
Reaches 9 A/B
Significant Impact: Short term impacts to Main Street and Otay Valley Road including
traffic delays, partial road closures and traffic congestion and associated hazards.
[Program EIR, subchapter 3.9, pp. 3.9-8 through 3.9-9]
Finding: Pursuant to section 15091(a)(1) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program ElR, below a level of significance.
Explanation: Short term impacts to Main Street and Otay Valley Road could
result in road closures, changes in traffic patterns or present safety hazards. As
50
---------------.
--
stated in the Significance Standards above, closing a roadway, adjusting traffic
patterns or introducing a potential roadway hazard all qualify as significant
impacts. In order to reduce the potential for significant impacts to occur, the
mitigation measure outlined on pp. 3.9-10 through 3.9-11 of the ErR and
described below will occur.
Mitigation Measure: The following mitigation measure is feasible and is
required as a condition of approval and is made binding on the City through these
findings. [Program EIR, subchapter 3.9, pp. 3.9-10 through 3.9-11]
. A traffic control plan shall be prepared prior to construction and implemented
for all affected roadways. The traffic control plan will show all signage,
striping, delineate detours, flagging operations, and any other procedures
which will be used during construction to guide motorists safely through the
construction zone and allow for a minimum of one lane of travel. The traffic
control plan will also include provisions for coordinating with local
emergency service providers regarding construction times and locations of
lane closures as well as specifications for bicycle lane safety.
The Traffic Control Plan will be prepared in accordance with the City of
Chula Vista's traffic control guidelines and will be prepared to ensure that
access will be maintained to individual properties and businesses, and that
emergency access will not be restricted. Additionally, the Plan will ensure
that congestion and delay of traffic resulting from project construction are not
substantially increased and will be of a short-term nature.
The limits of construction work area(s) and suggested alternate traffic routes
for through traffic will be published in a local newspaper periodically
throughout the construction period. In addition, the construction contractor
shall provide not less than a 2-week written notice prior to the start of
construction by mailing to owners/occupants along streets to be impacted
during construction.
During construction, the City of Chula Vista will ensure that continuous,
unobstructed, safe and adequate pedestrian and vehicular access to and fÌ'om
public facilities such as public utility stations and community centers will be
provided. If normal access to these facilities is blocked by construction
alternative access shall be provided. Should this occur, the City of Chula
Vista will coordinate with each facility's administrators in preparing a plan for
alternative access.
During construction, the City of Chula Vista shall ensure that continuous,
unobstructed, safe and adequate pedestrian and vehicular access to
commercial! industrial establishments, to include areas where mmmg
51
6 -
..__m... .... ---
operations are being conducted, during regular business hours occurs.
Specific attention to the wide turning radius of large trucks associated with the
Otay Landfill and other commercial! industrial facilities along Main Street
shall be accommodated. If normal access to business establishments is
blocked, alternative access shall be provided. The City of Chula Vista shall
coordinate with the businesses in preparing a plan for alternative access.
During construction, the City of Chula Vista shall maintain continuous
vehicular and pedestrian access to residential driveways fÌ'om the public street
to the private property line, except where necessary construction precludes
such continuous access for reasonable periods of time. For example, when the
pipeline is initially being excavated, access to individual driveways may be
closed during the course of a workday. Access shall be reestablished at the
end of the workday. If a driveway needs to be closed or interfered with as
described above, the construction contractor shall notify the owner or
occupant of the closure of the driveway at least five working days prior to the
closure.
Methods to maintain safe, vehicular and pedestrian access include the
installation of temporary bridge or steel plates to cross over unfilled
excavations. Whenever sidewalks or roadways are removed for construction,
the contractor shall place temporary sidewalks or roadways promptly after
backfilling until the final restoration has been made.
The traffic control plan shall include provisions to ensure that the construction
contractor's work in any public street does not interfere unnecessarily with the
work of other agencies such as emergency services providers, mail delivery,
school buses, waste services, or Chula Vista Transit Buses.
Significance After Mitigation: Less than Significant.
Significant Impact: Encroachment within the right-of-way of the San Ysidro Trolly
line, railroad freight line spur tracks and Interstate 5, 805 and potentially SR125 should
right-of-way of this future facility be acquired prior to pipeline construction. [Program
EIR, subchapter 3.9, pp. 3.9-8 through 3.9-9]
Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program EIR, below a level of significance.
Explanation: Construction of the project within existing rights-of-way of other
federal, state or local agencies could potentially alter the access to an existing
property or facility or subject the subject roadway to an increase in construction
52
-
traffic and hazards. As outlined in the Significance Standards, impacting an
existing public facility or subjecting a roadway to construction safety hazards
would result in a significant impact. In order to reduce potential impacts to levels
below significance, the mitigation measure outlined on pp. 3.9-9 throgh 3.9-11 of
the EIR and described below shall occur.
Mitigation Measure: The following mitigation measure is feasible and is
required as a condition of approval and is made binding on the City through these
findings. [Program EIR, subchapter 3.9, pp. 3.9-9 through 3.9-11]
. The City of Chula Vista will obtain an encroachment permit fÌ'om respective
local and state authorities, as required prior to the commencement of the
construction phase. This process will include submittal of project plans,
review of plans by the respective authorities, possible revisions of the plans
relative to concerns brought forth by the issuing agency and finally, issuance
of the respective permit. Potential permitting agencies include Caltrans,
Metropolitan Transit Development Board (MTDB), and the City of San
Diego.
. During project design, the City of Chula Vista shall coordinate with each
jurisdiction, as well as its own transit division which may be affected by the
project to determine the exact limits of project construction. This
coordination effort shall be followed by specific measures to avoid conflicts
resulting fÌ'om other construction projects occurring within the direct vicinity
of the project and within the same time period.
Coordination with the following entities will occur in conjunction with the
proposed project:
8 City of San Diego Traffic Engineering
8 MTDB
8 Caltrans
8 Chula Vista Traffic Engineering
Significance After Mitigation: Less than Significant.
Significant Impact: Access to and fÌ'om Coors Amphitheater during concert events.
[Program EIR, subchapter 3.9, pp. 3.9-9]
Finding: Pursuant to section I 5091 (a)(l) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
53
b
. ._-- -..-------..----- -
substantially lessen or avoid the significant environmental effect as identified in
the Program EIR, below a level of significance.
Explanation: The proposed project could impact planned traffic patterns
associated with the Coors Amphitheater should pipeline construction on Main
Street coincide with a concert event. As outlined in the Significance Standards,
changing traffic patterns in such a way that congestion and delay are substantially
increased is considered a significant impact. In order to reduce potential impacts
to a level below significance, the mitigation measure outlined on pp. 3.9-11 of the
EIR and described below shall occur.
Mitigation Measure: The following mitigation measure is feasible and is
required as a condition of approval and is made binding on the City through these
findings. [Program EIR, subchapter 3.9, pp. 3.9-11]
. In order to prevent an increase in congestion and delay fÌ'om the Coors
Amphitheatre concert loading and unloading events, facility design and
placement shall be such that three eastbound lanes are available during the
concert season. This is intended to prevent additional congestion and delay
fÌ'om occurring during event loading (ingress). This measure will mitigate
potential impacts to Main Street and I-80S, since no restrictions to the
eastbound lanes would result and lane configurations would be the same as
under existing loading procedure. In addition, no lane closures would be
allowed during loading and unloading of a concert event.
Significance After Mitigation: Less than Significant.
J. PALEONTOLOGICAL RESOURCES
Standards of Significance
. If the project results in disturbance of a paleontological resource.
Reaches 3-9 A/B Policy Options 1, 2, 3 or 4
Significant Impact: Excavation and trenching in geologic formations that have resource
bearing potential. [Program EIR, subchapter 3.10, pp. 3.10-3 through 3.10-4]
Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes
or alterations are required in, or incorporated into, the project that will
substantially lessen or avoid the significant environmental effect as identified in
the Program EIR, below a level of significance.
54
~.-
-- .----..--.----- --_._-- .
Explanation: Should a paleontological resource be encountered during project
construction, disturbance of this resource may occur. As stated in the
Significance Standards, potential impacts to paleontological resources would
constitute a significant impact. In order to avoid significant impacts to
paleontologcial resources, the mitigation measures outlined on pp. 3.10-4 of the
EIR and described below would occur.
Mitigation Measures: The following mitigation measures are feasible and are
required as a condition of approval and are made binding on the City through
these findings. [Program EIR, subchapter 3.10, pp. 3.10-4]
. Prior to beginning any excavation work, the City or its contractor shall
demonstrate that a qualified paleontologist has been retained to carry out a
paleontological resources mitigation program.
. A paleontological monitor shall be onsite at all times during the original
cutting/trenching or previously undisturbed geologic formations to inspect
cuts for fossils.
. If fossils are discovered, the paleontologist or paleontological monitor shall
recover them. The paleontological monitor shall have the authority to stop
work or divert work until fossils can be recovered.
. Prepare fossils, along with copies of all pertinent filed notes, photos and maps
shall be deposited in a scientific institution with paleontological collections,
such as the San Diego Natural History Museum.
Significance After Mitigation: Less than Significant.
These findings discuss all direct project impacts contained in the Program EIR and
discussed at public hearings. However, to the extent that an impact or "alleged" impact
of the project either direct or secondary has not been discussed in this document, the City
Council hereby overrides such impact for the reasons described in the Statement of
Overriding Considerations.
IX.
CUMULATIVE SIGNIFICANT EFFECTS AND MITIGATION MEASURES
Cumulative impacts are those which "are considered when viewed in connection with the
effects of past projects, the effects of other current projects, and the effects of probable
future projects" (Pub. Resources Code section 21082.2, subd. (b)). Several development
55
G
_. ---- -- -----.----- _u_-----.------
proposals and other related public works projects have been submitted for consideration
or have been recently approved by the Cities of Chula Vista and San Diego and the
County of San Diego in proximity to the Salt Creek Interceptor sewer and associated
lateral alignment locations. These "current or probable future" development proposals
would affect many of the same natural resources and public infTastructure as the proposed
project. Several potentially significant cumulative impacts are associated with
development of the proposed sewer infrastructure facilities in conjunction with these
surrounding development and public works projects.
In formulating mitigation measures for the project, regional issues and cumulative
impacts have been taken into consideration. Many of the mitigation measures adopted for
the cumulative impacts are similar to the project level mitigation measures. This reflects
the inability of the Lead Agency to impose mitigation measures on surrounding
jurisdictions (i.e., City of San Diego, City of National City, Caltrans, Metropolitan
Transit Development Board and Mexico) and the contribution of these jurisdictions to
cumulative impacts. The project along with the other related projects will result in the
following irreversible cumulative environmental changes. All page numbers following
the impacts refer to pages fÌ'om the Program EIR.
A. AIR QUALITY
Cumulative Impacts: The project, when combined with other development projects
planned within the City of Chula Vista, would result in short-term air quality impacts due
to construction of pipeline facilities. [Program EIR, subchapter 6, pp. 6-5]
Finding: Pursuant to section 15091 (a)(I) of the State CEQA Guidelines, specific
economic, social, or other considerations make implementation of the No Project
altemative infeasible. The infeasibility of the No Project alternative is described in
Section X of these findings.
However, the following mitigation measure is designed to reduce cumulative
impacts to air quality and is a requirement of project approval.
Explanation: Implementation of the project would result in short-term impacts to
air quality associated with construction. The cumulative effect of the proposed
project and other projects in the vicinity would incrementally contribute to the
San Diego Air Basin's levels of PM-1O and 03. As a result, cumulative short-
term impacts to air quality associated with construction of the project and other
planned projects within the southern Chula Vista area are considered significant.
In order to reduce potential significant short term air quality impacts to levels
below significance, the mitigation measures described on pp. 3.2-8 through 3.2-10
of the EIR and outlined below will occur.
56
b
_.. -..---.----.-.-..--
Mitigation Measures: The following mitigation measures are feasible and are
required as a condition of approval and are made binding on the City through
these findings. [Program EIR, Subchapter 6, pp. 6-5, pp. 3.2-8 through 3.2-10]
The following Best Management Practices (BMPs) shall be employed during all
earthwork phases of the project:
1. The construction disturbance "footprint" shall be kept as small as possible;
2. Using adequate water and/or other dust palliatives on all disturbed areas in
order to avoid particle blow-off;
3. Washing down or sweeping streets fÌ'om which site access is taken to
remove dirt carried fÌ'om the site to the street to keep vehicles fÌ'om
pulverizing the dirt into fine particles;
4. Periodical1y street sweepers will be utilized to aid in the removal of dirt
carried fÌ'om the site to the street.
5. Terminating soil excavation, clearing or grading when wind speeds exceed
25 mph for an hourly average;
6. Covering/tarring all vehicles hauling dirt or spoils on public roadways
unless additional moisture is added to prevent material blow-off during
transport;
7. The construction contractor shall comply with the approved traffic control
plan to reduce non-project traffic congestion impacts. Methods to reduce
construction interference with existing traffic and the prevention of truck
queuing around local sensitive receptors shall be incorporated into this
plan.
Significance After Mitigation: Less than Significant.
B. BIOLOGICAL RESOURCES
Cumulative Impacts: Implementation of the project in conjunction with other planned
development and the extension of SR 125 would result in continual urbanization in
Eastem Chula Vista, an area currently characterized as natural habitat. [Program ErR,
subchapter 6, pp. 6-6]
Finding: Pursuant to section 15091 (a)(l) of the State CEQA Guidelines, specific
economic, social, or other considerations make implementation of the No Project
57
- _. .-...--....--.--..-. . ---...---..--.-.-------..
altemative infeasible. The infeasibility ofthe No Project alternative is described in
Section X of these findings.
Explanation: Implementation of the proposed Salt Creek Interceptor Sewer
Project in conjunction with other planned projects within the eastern territories of
Chula Vista would result in significant cumulative impacts to sensitive biological
resources. Continued development within the eastern areas ofChula Vista and the
extension of SR -125 would extend urban land uses into vacant areas characterized
by natural habitats. In order to reduce potential impacts to these resources, the
mitigation scenarios outlined on pp. 3.3-48 through 3.3-52 of the EIR and
described below will reduce potential cumulative impacts to a level below
significance.
Mitigation Measures: The following mitigation measures are feasible and are
required as a condition of approval and are made binding on the City through
these findings. [Program EIR, Subchapter 6, pp. 6-5 through 6-6, pp. 3.3-48
through 3.3-52]
. Sensitive Habitats:
Uplands:
Under the Subarea Plan - No additional mitigation is required for upland habitats,
since the project is considered a "planned facility" and the conservation analysis
for the MSCP and Subarea Plan considered implementation of the project. Under
the Subarea Plan the project complies with the siting criteria identified in the Plan.
Within the staging areas, natural upland habitats will be surveyed prior to
construction and protected with construction fencing to prevent encroachment.
Without the Subarea Plan - Restoration of all temporary disturbance areas shall be
conducted on site at a ratio of 1: 1. For areas where direct permanent impacts will
occur, mitigation of impacted coastal sage scrub (including undisturbed, disturbed
and broom baccharis scrub) shall be provided at a ratio of 1: 1. For southern
cactus scrub, the mitigation ratio shall be 3:1 for direct, permanent impacts. For
non-native grasslands the ratio shall be 0.5: I. Mitigation for direct impacts shall
be provided at an on site location within existing disturbed areas, or at an off site
location within the City of Chula Vista. Within the staging areas, natural upland
habitats will be surveyed prior to construction and protected with construction
fencing to prevent encroachment.
Wetlands:
With or without the Subarea Plan - Mitigation for wetland vegetation is required
as follows: For permanent impacts, wetland habitat creation, enhancement, and/or
58
.---..---....-.. --.----.-----..-
restoration of like-quality and like-functioning habitat at a ratio of 2:1 shall be
performed. For temporary impacts, onsite restoration or enhancement of the
affected area at a ratio of 1 : 1 shall be performed.
. Sensitive Plant Species:
All sensitive plants located within staging areas shall be completely
avoided.
Under the Subarea Plan - No additional mitigation is required for covered
species, since the project is considered a "planned facility" and the
conservation analysis for the MSCP and Subarea Plan considered
implementation of the project. Under the Subarea Plan scenario, Spring
2001 surveys for narrow endemics will be conducted to supplement the
current database regarding sensitive species within the area of potential
effect. A determination will be made that no more than 5% of the
individuals within the area of potential effect, for each narrow endemic
species, would be directly impacted by the project.
Mitigation for impacts to non-covered species will be incorporation of
seed or nursery stock of those species into the preserved and/or restoration
areas. As an impact-reducing mitigation measure, salvagable plant species
(San Diego barrel cactus, snake cholla and variegated dudleya) will be
salvaged prior to construction and installed within the preserve (it should
be noted that, while impacts to San Diego barrel cactus have not been
identified as significant, the City proposes to conduct salvage for this
species, and it is therefore, included in this mitigation measure). Also,
impacts to San Diego sunflower will be mitigated through the use of San
Diego sunflower seed or container plants in the revegetation of temporary
impact areas on the project site. Any narrow endemic plant species found
within the final staging areas will be avoided through the placement of
construction fencing around those populations prior to construction.
Indirect impacts shall be avoided through the use of Best Management
Practices, including strict limitations for all construction and maintenance
activities within the identified 40 foot and 20 foot corridors, respectively.
Without the Subarea Plan - As an impact-reducing mitigation measure,
salvagable plant species (San Diego barrel cactus, snake cholla and
variegated dudleya) will be salvaged prior to construction and installed
within the preserve (it should be noted that, while impacts to San Diego
barrel cactus have not been identified as significant, the City proposes to
conduct salvage for this species, and it is therefore, included in this
mitigation measure). Also, impacts to San Diego sunflower will be
mitigated through the use of San Diego sunflower seed or container plants
59
-....---<--- ..-
in the revegetation temporary impact areas on the project site. Impacts to
variegated dudleya and snake cholla will be mitigated through the
preservation of habitat containing those species within the preserve. Any
sensitive plant species found within the final staging areas will be avoided
through the placement of construction fencing around those populations
prior to construction. Indirect impacts shall be avoided through the use of
Best Management Practices, including strict limitations for all
construction and maintenance activities within the identified 40 foot and
20 foot corridors, respectively.
. Sensitive Animals:
Under the Subarea Plan - No additional mitigation is required for covered
species, since the project is considered a "planned facility" and the
conservation analysis for the MSCP and Subarea Plan considered
implementation of the project. Under the Subarea Plan the project
complies with the siting criteria identified in the Plan. In areas potentially
affecting least Bell's vireo nesting sites, noise levels will not exceed 60
CNEL during the breeding season, March 15 to September 15. In areas
potentially affecting raptor and/or California gnatcatcher nesting sites,
noise levels will be modified, if necessary, to prevent noise fÌ'om
negatively impacting the breeding success of the pair during the breeding
season (December I to May 31 for raptors and February 15 to August 15
for California gnatcatcher). The quino checkerspot butterfly is a federally
listed endangered species and is not covered by the Subarea Plan. For
quino checkerspot butterfly, additional surveys, in accordance with federal
protocol, will be required in the year that the project grading commences.
If adult quino checkerspot butterflies are found, avoidance through
appropriate construction techniques and facility maintenance activities
shall be required. If avoidance is not possible, any impacts to the species
will require separate permitting under the federal Endangered Species Act;
the mitigation required under such a permit may include, but not to be
limited to, the purchase of additional mitigation land in an offsite location.
Indirect impacts shall be avoided through the use of Best Management
Practices, including strict limitations for all construction and maintenance
activities within the identified 40 foot and 20 foot corridors, respectively.
Without the Subarea Plan - Mitigation for the identified direct impacts can
be achieved through habitat replacement, as identified in Mitigation
Measure [a]. For gnatcatchers, an additional mitigation measure will be to
ensure that habitat replacement areas contained a 1: I ratio of gnatcatcher
paIrs. The City will be required to obtain a permit for gnatcatcher take
under the federal Endangered Species Act.
60
- -.---.-.-----
For quino checkerspot butterfly, additional surveys, in accordance with
federal protocol, will. be required in the year that the project grading
commences. If adult quino checkerspot butterflies are found, avoidance
through appropriate construction techniques and facility maintenance
activities shall be required. If avoidance is not possible, purchase of
mitigation land in an offsite location will be required. Any impacts to the
species will require separate permitting under the federal Endangered
Species Act.
Nesting bird surveys will need to be conducted within 500 feet of
construction areas. If listed bird species are found nesting in these areas,
mitigation measures will be either to restrict construction activity during
the breeding season or reduce noise level to below 60 CNEL in those areas
if construction occurs during the breeding season.
Indirect impacts shall be avoided through the use of Best Management
Practices, including strict limitations for all construction and maintenance
activities within the identified 40 foot and 20 foot corridors, respectively.
. Jurisdictional Waters of the U.S.:
Mitigation for wetland habitats is provided in a Mitigation Measure above.
For unvegetated Waters of the u.S., topographic contours of all impacted
areas shall be restored to pre-construction conditions. Jurisdictional
waters, including wetlands, will be avoided in the staging areas through
the placement of construction fencing surrounding those sensitive areas
prior to construction. Separate permitting under the federal Clean Water
Act for impacts to jurisdictional wetlands and Waters of the U.S. will be
required.
Significance After Mitigation: Less than Signicant.
C. CULTURAL RESOURCES
Cumulative Impact: The project, when combined with other planned projects, may
have the potential to disturb unknown cultural resources.
Finding: Pursuant to section 15091 (a)(l) of the State CEQA Guidelines, specific
economic, social, or other considerations make implementation of the No Project
alternative infeasible. The infeasibility of the No Project alternative is described in
Section X of these findings.
Explanation: Although the proposed project would not impact known cultural
resources, development of the project, in conjunction with other planned
61
c:,
--~~--
development, would require excavation activities that have the potential to disturb
unknown cultural resources. Cumulative impacts to cultural resources could
therefore be considered significant. Significant impacts that would potentially
occur due to cumulative development can be mitigated to a level of less than
significance through the mitigation measures outlined on pp. 3.4-17 of the EIR
and described below.
Mitigation Measures: The following mitigation measures are feasible and are
required as a condition of approval and are made binding on the City through
these findings. [Program EIR, Subchapter 6, pp. 6-6, pp. 3.4-17]
. Monitoring of all trenching and clearing activities during the pipeline
construction by a certified Archeologist;
. In the event that any undetected elements of the sites are encountered,
construction shall be halted at that location until the discovery can be
evaluated and mitigation measures implemented to reduce the significance
of impacts to a less than significant level;
. Any activities related to the proposed projeèt within the location of SDI-
12,809 will require boundary markers restricting access to a significant
archeological site located to the immediate north of the APE in this area.
Significance After Mitigation: Less than Significant.
D. TRAFFIC/TRANSPORT A TION
Cumulative Impact: Cumulatively considerable short-term traffic circulation impacts
could result if multiple projects were under construction simultaneously and in the same
general location.
Finding: Pursuant to section 15091 (a)(1) of the State CEQA Guidelines, specific
economic, social, or other considerations make implementation of the No Project
alternative infeasible. The infeasibility of the No Project alternative is described in
Section X of these findings.
Explanation: The proposed project would contribute to short-term impacts to
traffic circulation on Main Street and Otay Valley Road. Significant cumulative
traffic circulation impacts could result over the short-term if multiple projects
were under construction simultaneously and in the same general location. Short-
term traffic impacts caused by construction of the projects proposed within the
study area would result fÌ'om increased truck traffic and disruption of local traffic
to residences and businesses. The severity of the short-term impacts cannot be
determined at this time because it is not certain that any of the projects would
62
proceed simultaneously. However, implementation of the mitigation measures on
pp. 3.9-9 through 3.9-12 of the EIR and reflected below, would reduce potential
impacts to a level below significance.
Mitigation Measures: The following mitigation measures are feasible and are
required as a condition of approval and are made binding on the City through
these findings. [Program ErR, Subchapter 6, pp. 6-8, pp. 3.9-9 through 3.9-12]
. The City of Chula Vista will obtain an encroachment permit fÌ'om respective
local and state authorities, as required prior to the commencement of the
construction phase. This process will include submittal of project plans,
review of plans by the respective authorities, possible revisions of the plans
relative to concerns brought forth by the issuing agency and finally, issuance
of the respective permit. Potential permitting agencies include Caltrans,
Metropolitan Transit Development Board (MTDB), and the City of San
Diego.
. A traffic control plan shall be prepared prior to construction and implemented
for all affected roadways. The traffic control plan will show all signage,
striping, delineate detours, flagging operations, and any other. procedures
which will be used during construction to guide motorists safely through the
construction zone and allow for a minimum of one lane of travel. The traffic
control plan will also include provisions for coordinating with local
emergency service providers regarding construction times and locations of
lane closures as well as specifications for bicycle lane safety.
The Traffic Control Plan will be prepared in accordance with the City of
Chula Vista's traffic control guidelines and will be prepared to ensure that
access will be maintained to individual properties and businesses, and that
emergency access will not be restricted. Additionally, the Plan will ensure
that congestion and delay of traffic resulting from project construction are not
substantially increased and will be of a short-term nature.
The limits of construction work area(s) and suggested alternate traffic routes
for through traffic will be published in a local newspaper periodically
throughout the construction period. In addition, the construction contractor
shall provide not less than a 2-week written notice prior to the start of
construction by mailing to owners/occupants along streets to be impacted
during construction.
During construction, the City of Chula Vista will ensure that continuous,
unobstructed, safe and adequate pedestrian and vehicular access to and from
public facilities such as public utility stations and community centers will be
provided. If normal access to these facilities is blocked by construction
63
b
alternative access shall be provided. Should this occur, the City of Chula
Vista will coordinate with each facility's administrators in preparing a plan for
alternative access.
During construction, the City of Chula Vista shall ensure that continuous,
unobstructed, safe and adequate pedestrian and vehicular access to
commercial! industrial establishments, to include areas where mining
operations are being conducted, during regular business hours occurs.
Specific attention to the wide turning radius ofiarge trucks associated with the
Otay Landfill and other commercial! industrial facilities along Main Street
shall be accommodated. If normal access to business establishments is
blocked, alternative access shall be provided. The City of Chula Vista shall
coordinate with the businesses in preparing a plan for alternative access.
During construction, the City of Chula Vista shall maintain continuous
vehicular and pedestrian access to residential driveways fÌ'om the public street
to the private property line, except where necessary construction precludes
such continuous access for reasonable periods of time. For example, when the
pipeline is initially being excavated, access to individual driveways may be
closed during the course of a workday. Access shall be reestablished at the
end of the workday. If a driveway needs to be closed or interfered with as
described above, the construction contractor shall notifY the owner or
occupant of the closure of the driveway at least five working days prior to the
closure.
Methods to maintain safe, vehicular and pedestrian access include the
installation of temporary bridge or steel plates to cross over unfilled
excavations. Whenever sidewalks or roadways are removed for construction,
the contractor shall place temporary sidewalks or roadways promptly after
backfilling until the final restoration has been made.
The traffic control plan shall include provisions to ensure that the construction
contractor's work in any public street does not interfere unnecessarily with the
work of other agencies such as emergency services providers, mail delivery,
school buses, waste services, or Chula Vista Transit Buses.
. During project design, the City of Chula Vista shall coordinate with each
jurisdiction, as well as its own transit division which may be affected by the
project to determine the exact limits of project construction. This
coordination effort shall be followed by specific measures to avoid conflicts
resulting from other construction projects occurring within the direct vicinity
of the project and within the same time period.
64
-.. _m --.-----.-..-.
Coordination with the following entities will occur in conjunction with the
proposed project:
-- City of San Diego Traffic Engineering
-- MTDB
-- Caltrans
-- Chula Vista Traffic Engineering
. In order to prevent. an increase in congestion and delay from the Coors
Amphitheatre concert loading and unloading events, facility design and
placement shall be such that three eastbound lanes are available during the
concert season. This is intended to prevent additional congestion and delay
from occurring during event loading (ingress). This measure will mitigate
potential impacts to Main Street and 1-805, since no restrictions to the
eastbound lanes would result and lane configurations would be the same as
under existing loading procedure. In addition, no lane closures would be
allowed during loading and unloading of a concert event.
Significance After Mitigation: Less than Significance.
X.
POTENTIAL PROJECT AL TERNA TIVES
Where a lead agency has determined that, even after the adoption of all feasible
mitigation measures, a project as proposed will still cause one or more significant
environmental effects that cannot be substantially lessened or avoided, the agency, prior
to approving the project as mitigated, must first determine whether, with respect to such
impacts, there remain any project alternatives that are both environmentally superior and
feasible within the meaning of CEQA. As noted earlier, in Section VI of these Findings,
an altemative may be "infeasible" if it fails to fully promote the lead agency's underlying
goals and objectives with respect to the project. Thus, "'feasibility' under CEQA
encompasses . desirability' to the extent that desirability is based on a reasonable
balancing of the relevant economic, environmental, social, and technological factors." of
a project. (City of Del Mar, supra, 133 Ca1.App.3d at 417; see also Sequoyah Hills, supra,
23 Ca1.App.4th at 715.)
In general, in preparing and adopting findings, a lead agency need not necessarily address
íèasibility when contemplating the approval of a project with significant impacts. Where
65
¡;
-- - -- -.------ -------
the significant impacts can be mitigated to an acceptable (insignificant) level solely by
the adoption of mitigation measures, as is the case with this Project, the agency, in
drafting its findings, has no obligation to consider the feasibility of environmentally
superior alternatives, even if their impacts would be less severe than those of the project
as mitigated. Laurel Heights Improvement Association v. Regents of the University of
California (1988) 47 Cal.3d 376 [253 Cal. Rptr. 426]; Laurel Hills Homeowners
Association v. City Council (1978) 83 Cal.App.3d 515 [147 Cal. Rptr. 842]; see also
Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692 [270 Cal.
Rptr. 650].
Notwithstanding the fact that the Project would not result in significant unmitigated
impacts, the City has properly considered and reasonably rejected project alternatives as
"infeasible" pursuant to CEQA. CEQA provides the following definition of the term
"feasible" as it applies to the findings requirement: "Feasible" means capable of being
accomplished in a successful manner within a reasonable period of time, taking into
account economic, environmental, social, and technological factors." [Pub. Resources
Code section 21061.1.] The CEQA Guidelines provide a broader definition of
"feasibility" that also encompasses "legal" factors. CEQA Guidelines section 15364
states, 'The lack of legal powers of an agency to use in imposing an alternative or
mitigation measure may be as great a limitation as any economic, environmental, social,
or technological factor." (See also Citizens of Goleta Valley v. Board of Supervisors
(1990) 52 Cal.3d 553, 565 [276 Cal. Rptr. 410].)
Accordingly, "feasibility" is a term of art under CEQA and thus may not be afforded a
different meaning as may be provided by Webster's dictionary or any other sources.
Moreover, Public Resources Code section 21081 governs the "findings" requirement
under CEQA with regard to the feasibility of alternatives. Specifically, no public agency
shall approve or carry out a project for which an environmental impact report has been
certified which identifies one or more significant effects on the environment that would
occur if the project is approved or carried out unless the public agency makes one or more
of the following findings:
(1) "[c]hanges or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental effect
as identified in the final EIR." [CEQA Guidelines section 15091, subd. (a)(I).]
(2) "such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such changes
have been adopted by such other agency or can and should be adopted by such
other agency. [CEQA Guidelines section 15091, subd. (a)(2).]
(3) "[ s ]pecific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained workers,
66
_. ---..--..------------
make infeasible the mitigation measures or project alternatives identified in
the final ElR." [CEQA Guidelines section 15091, subd. (a)(3).]
The concept of "feasibility" also encompasses the question of whether a particular
alternative or mitigation measure promotes the underlying goals and objectives of a
project. (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417 [183 Cal.
Rptr. 898]) "'[F]easibility' under CEQA encompasses 'desirability' to the extent that
desirability is based on a reasonable balancing of the relevant economic, environmental,
social, and technological factors." (Ibid.; see also Sequoyah Hills Homeowners Assn. v.
City of Oakland (1993) 23 Cal.App.4lh 704, 715 [29 Cal.Rptr.2d 182].)
These findings contrast and compare the alternatives where appropriate in order to
demons!rate that the selection of the Staff Recommended Alignment Alternative, has
substantial environmental, planning, fiscal and other benefits. In rejecting certain
alternatives, the decisionmakers have examined the finally approved project objectives
and weighed the ability of the various alternatives to meet the objectives. The
decisionmakers believe that the Project best meets the finally approved project objectives
with the least environmental impact. The findings below examine the alternatives to
determine feasibility.
The detailed discussion in Section IX demonstrates that all significant environmental
effects of the project have been either substantially lessened or avoided through the
imposition of existing policies or regulations or by the adoption of additional, formal
mitigation measures recommended in the EIR.
Thus, the City can fully satisfy its CEQA obligations by determining whether any
alternatives identified in the Draft EIR are both feasible and environmentally superior
with respect to these impacts. (Laurel Hills, supra, 83 Cal.App.3d at 519-527; [147
Cal.Rptr. 842]; Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d
692, 730-731 [270 Cal.Rptr. 650]; and Laurel Heights Improvement Association v.
Regents of the University of California (1988) 47 Ca1.3d 376, 400-403 [253 Cal.Rptr.
426].) As the succeeding discussion will show, no identified alternative qualifies as both
feasible and environmentally superior.
A. NO PROJECT ALTERNATIVE
Adequate capacity to serve future sewer demand does not exist within the existing
sewage infrastructure system in eastern Chula Vista. The No Project Alternative would
require that either an alternative sewage conveyance and/or treatment be provided in
eastern Chula Vista or would require substantial reductions in the amount of approved
development in eastern Chula Vista. As discussed in Section 2, Project Description of
the Final EIR, the City does not plan to construct large-scale sewage treatment facilities
within its jurisdiction. It should also be noted that any new sewage treatment facility in
eastern Chula Vista would still result in the need for conveyance of sewage to the facility,
67
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and would likely result in similar pumping and pipeline infÌ'astructure as the other
alternatives.
Curtailment of future development would not meet the objectives of the project to
provide sewage service to existing development, as well as planned development that is
approved conditioned upon the construction of new sewer facilities. Further, the
substantial changes in land use that would be needed to allow existing facilities to meet
future needs would cause substantial conflicts with adopted plans for housing, growth and
infÌ'astructure. Future infÌ'astructure and its financing are dependent on the levels of
development currently anticipated. The City has also entered into Development
Agreements that provided for development approvals in exchange for public benefits.
Those Agreements would need to be restructured, resulting in the loss of the negotiated
public benefits.
The No Project Alternative would not meet the objectives of the project to provide
sewage conveyance services to developing communities in eastern Chula Vista. In
addition, the No Project alternative would require that the City either eliminate future
development in the project service area, which would be inconsistent with existing
planning for the area, or construct independent sewage treatment facilities to serve the
project area, which would not provide avoidance or reduction of significant
environmental impacts related to the project that could not be accomplished with
proposed project mitigation.
Finding:
1. As discussed in Section 2, Project Description, the City does not plan to
construct large-scale sewage treatment facilities within its jurisdiction. It
should also be noted that any new sewage treatment facility in eastern Chula
Vista would still result in the need for conveyance of sewage to the facility,
and would likely result in similar pumping and pipeline infÌ'astructure as the
other alternatives.
2. Curtailment of future development would not meet the objectives of the
project to provide sewage service to existing development, as well as
approved development. Further, the substantial changes in land use that
would be needed to allow existing facilities to meet future needs would cause
substantial conflicts with adopted plans for housing, growth and infÌ'astructure.
Future infÌ'astructure and its financing are dependent on the levels of
development currently anticipated. The City has also entered into
Development Agreements that provided for development approvals in
exchange for public benefits. Those Agreements would need to be
restructured, resulting in the loss of the negotiated public benefits.
68
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3. The No Project Alternative would not meet the objectives of the project to
provide sewage conveyance services to developing communities in eastern
Chula Vista. In addition, the No Project altemative would require that the
City either eliminate future development in the project service area, which
would be inconsistent with existing planning for the area, or construct
independent sewage treatment facilities to serve the project area, which would
not provide avoidance or reduction of significant environmental impacts
related to the project that could not be accomplished with proposed project
mitigation.
B. ALTERNATIVE LOCATION
Reaches 9 through 5 of the Staff Recommended Alignment Alternative are generally
located at a lower elevation than the areas to be served by the project. This is in
accordance with the objective of maximizing the use of gravity flow to convey sewage
from the project service area. Existing sewage facilities in the Telegraph and Poggi
Canyon basins are upstream of much of the area intended to be served by the project.
However, it is feasible to pump and force sewage flows upgradient fÌ'om the service area
into these basins.
This alternative would involve the use of numerous pump stations and force mains to
convey sewage from lower elevations in the service area to these basins. As mentioned
earlier, the sizing of existing pipelines in these Telegraph and Poggi alignments would
not be adequate to convey the flows anticipated from approved development at buildout.
Therefore, this alternative would also propose to up-size those facilities or to construct
new parallel facilities within the existing aligmnents. It should be noted that
implementation of this alternative would still require improvements or replacement of
facilities within portions of Reach 9, fÌ'om a location approximately 4,000 feet west of
Interstate 805 to the MWWD Metro Interceptor line located approximately 400 feet west
ofI-5. This is required because sewage fÌ'om the Poggi basin currently flows into existing
facilities in Main Street. This alternative would increase flows into the Main Street line
beyond its current capacity. It is anticipated that the alignment for this portion of the
facility would be the same as proposed under the Staff Recommended Alignment
Alteruative (i.e., constructed within Main Street).
Within Otay Ranch, the specific alignment and sizing of pipelines and pump stations
would need to be determined when more specific development plans are in place. This is
due to the fact that the sizing of pumps, force mains and related facilities is dependent on
the ultimate gradient and distance over which the sewage would need to be pumped,
which would not be determined until grading plans for development were further defined.
This would not be considered a significant constraint to phasing of the project, since
design of the facilities would likely be undertaken concurrent with the specific
development areas that the facilities would serve.
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AESTHETICS
Impacts to aesthetics associated with the Altemative Location would be slightly less for
pipelines within the Otay Ranch area (Reaches 3-8A1B, all Policy Options) since the
facilities would be located within future roadways, which would reduce or eliminate the
need for separate maintenance roads. However, as stated in Section 3.1, of the Final EIR,
aesthetic impacts associated with the surfacing of maintenance roads are not considered
to be significant.
The Alternative Location alternative would require installation of pump stations at
various locations at the lower elevations of the Otay Ranch project area. These above-
ground facilities could potentially be visible fÌ'om future surrounding land uses.
However, it is anticipated that design and visual screening techniques could be employed
in the construction of the facilities that would reduce or avoid significant aesthetic
impacts.
Neither the Staff Recommended Alignment Alternative nor the Alternative Location
alternative would be expected to result in significant urunitigable impacts to aesthetics.
AIR QUALITY
The Alternative Location alternative would result in similar construction-related impacts
to air quality as the Staff Recommended Alignment Alternative, since the same
construction techniques and time frames would be required for pipeline installation.
Long-term air quality impacts could be slightly higher for the Alternative Location
alternative, due to the increased energy consumption required for the pumping of sewage,
and potentially due to the consumption of diesel fuel to power the emergency generators
that are required for the pumps in case of power loss. However, the indirect air quality
impacts from electricity consumption, or fÌ'om diesel -powered emergency generators, is
not anticipated to be significant.
Neither the Staff Recommended Alignment Alternative nor the Alternative Location
alternative would be expected to result in significant unmitigable impacts to air quality.
BIOLOGICAL RESOURCES
The Alternative Location alternative would avoid most of the impacts to biological
resources that would result from the Staff Recommended Alignment Alternative. In
addition, the Alternative Location alternative would result in most, if not all of the
facilities being placed within areas that are outside of the proposed Chula Vista Subarea
Plan preserve area. It is anticipated that the Alternative Location alternative would have'
similar impacts to waters of the U.S., since numerous drainages exist within the proposed
development areas of Otay Ranch.
70
6
Mitigation measures, or design features of the Recommended Alignment Alternative
result in mitigation of all potential impacts to biological resources for that alternative to a
less than significant level. Therefore, while the Alternative Location alternative results in
reduced impacts to biological resources, it does not provide mitigation for impacts that
would be unmitigable under the Staff Recommended Alignment Alternative.
Neither the Staff Recommended Alignment Alternative nor the Alternative Location
alternative would be expected to result in significant unmitigable impacts to biological
resources.
CULTURAL RESOURCES
Cultural resource impacts associated with the Alternative Location alternative would need
to be evaluated upon the identification of specific alignments for the facilities. The Staff
Recommended Alignment Alternative does not result in any significant impacts to
cultural resources. Therefore, regardless of the level of impact associated with the
Alternative Location alternative, it does not provide mitigation for any significant
unmitigable impacts associated with the Staff Recommended Alignment Alternative.
GEOLOGy/SOILS
Impacts to geology and soils that would be associated with the Alternative Location
alternative are anticipated to be similar to those of the Staff Recommended Alignment
Alternative, since it is similarly regionally located. No significant unmitigable impacts to
soils or geology were identified for the Staff Recommended Alignment Alternative.
Therefore, the Alternative Location alternative does not provide for mitigation of
significant impacts that could not be achieved under the Staff Recommended Alignment
Alternative.
HYDROLOGY AND WATER QUALITY
The primary difference between the Alternative Location altemative and the Staff
Recommended Alignment Alternative in terms of hydrology and water quality is that the
pipeline alignments for the Alternative Location alternative are proposed to be located
within future streets, which would eliminate the need for surfacing of access roads.
However, neither the Staff Recommended Alignment Alternative nor the Alternative
Location alternative would be expected to result in significant unmitigable impacts to
hydrology or water quality.
LAND USE AND PLANNING
Land use and planning impacts would be similar with both the Staff Recommended
Alignment Alternative and the Alternative Location alternative, since under the Staff
Recommended Alignment, the facilities are anticipated in both the Otay Ranch General
71
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Development Plan and the Draft Chula Vista MSCP Subarea Plan. The Alternative
Location alternative could also potentially affect land uses along Telegraph Canyon Road
during construction. It is anticipated that application of measures similar to those
proposed for Main Street under the Staff Recommended Alignment Alternative could be
employed to reduce such impacts to less than significant levels. Some minor additional
land use impacts could be expected fÌ'om the pump stations associated with the
Alternative Location alternative, however, it is anticipated that mitigation would be
available to reduce those impacts to less than significant levels. This alternative is not
anticipated to require the acquisition of rights-of-way solely for the proposed facilities,
since the facilities would be located within existing and future roadways, which would
require public dedication themselves.
Neither the Staff Recommended Alignment Alternative nor the Alternative Location
altemative would be expected to result in significant unmitigable impacts to land use.
NOISE
Some minor additional impacts to noise could be expected from the Alternative Location
alternative, as compared to the Staff Recommended Aligmnent alternative, fÌ'om the
operation of pumps associated with the pump stations. However, it is not anticipated that
impacts would be significant and unmitigable.
Neither the Staff Recommended Alignment Alternative nor the Alternative Location
alternative would be expected to result in significant unmitigable impacts to noise.
TRAFFICrrRANSPORT AnON
The Alternative Location Alternative would result in additional construction within
existing roadways (Telegraph Canyon Road) for improvements to existing sewer facilities
to enable them to carry the additional sewage flows fÌ'om the project area. It is
anticipated that application of measures similar to those proposed for Main Street under
the Staff Recommended Alignment Alternative could be employed to reduce such
impacts to less than significant levels.
Neither the Staff Recommended Aligmnent Alternative nor the Alternative Location
alternative would be expected to result in significant unmitigable impacts to traffic!
transportation.
PALEONTOLOGICAL RESOURCES
Neither the Alternative Location Altemative, nor the Staff Recommended Alternative
would result in significant impacts to paleontological resources since both would be
subject to mitigation measures that would avoid any significant impacts.
72
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This alternative was not advanced to final planning and design stages since, while it is
considered to be feasible, it was determined not to be practicable, due to the extensive
amount of infrastructure required to pump large volumes of flow against topographical
gradients. The extensive amount of pumping required for this alternative does not meet
the project objectives of reducing pumping, consistent with current City policy (#570-03).
In addition, the alternative also would require an extensive amount of construction that
would be required in Telegraph Canyon Road, a transportation facility that, until
additional regional transportation facilities are constructed, is approaching capacity levels
of traffic. It is not anticipated that ultimate buildout of the regional transportation system
will occur prior to the need to construct the proposed sewage facilities. Finally, the
alternative does not result in avoidance or reduction of significant environmental impacts
related to the project that could not be accomplished with proposed project mitigation.
Finding:
I. To serve development that is existing or is imminent, the pipelines in the
Telegraph and Poggi alignments would need to be improved, and/or
supplemented prior to those facilities reaching their capacity. This would
require extensive construction activity within Telegraph Canyon Road,
and would require construction of some of the pumping facilities. This
alternative was determined not to be practicable, due to the extensive
amount of infrastructure required to pump large volumes of flow against
topographical gradients. The extensive amount of pumping required for
this alternative does not meet the project objectives of reducing pumping,
consistent with current City policy (#570-03). In addition, the alternative
also would require an extensive amount of construction that would be
required in Telegraph Canyon Road, a transportation facility that, until
additional regional transportation facilities are constructed, is approaching
capacity levels of traffic. It is not anticipated that ultimate build-out of the
regional transportation system will occur prior to the need to construct the
proposed sewage facilities. Finally, the alternative does not result in
avoidance or reduction of significant environmental impacts related to the
project that could not be accomplished with proposed project mitigation.
73
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EXHIBIT B
SALT CRffK INTfRCfPTOR S[WfR
~ITI6A TlON rrIONITORINfiRfPORTINfi PROfiRA~
duly 9, 2001
INTRODUCTION
This mitigation monitoring reporting program (MMRP) was prepared for the City of Chula
Vista for the Salt Creek Interceptor Sewer to comply with Assembly Bill 318O, which requires
public agencies to adopt such programs to ensure effective implementation of mitigation
measures. This monitoring program is dynamic in that it will undergo changes as additional
mitigation measures are identified and additional conditions of approval are placed on the
project throughout the project approval process.
This monitoring program will serve a dual purpose of verifying completion of the mitigation
measures for the proposed project and generating information on the effectiveness of the
mitigation measures to guide future decisions. The program includes the following:
0 Monitoring team qualifications
0 Specific monitoring activities
0 Reporting system
0 Criteria for evaluating the success of the mitigation measures
Salt Creek Interceptor Sewer Project is a proposed single, underground, polyvinyl chloride
sewer pipeline (PVC) 18 to 48 inches in diameter with an estimated length of 73,519 feet. The
proposed pipe facilities would range in size from approximately 21 inches to approximately
48 inches, and would convey up to 13 million gallons per day (MGD) of sewage. The
alignment of the pipeline is described in nine segments or "reaches".
The Sewer Project is designed to convey flows from planned mixed-use development in
eastern Chula Vista to the City of San Diego's Metro Interceptor Sewer west of Interstate
5. The proposed project will extend from the existing sewer facilities located near Olympic
Parkway south along Salt Creek, west along the Otay River and Main Street until its
connection with the San Diego's Metro Interceptor Sewer west of Interstate 5. Reach 9B is
the westernmost portion of the pipeline, with Reaches 8NB through 6 moving east through
the Otay River Valley. Reach 5 turns north at Salt Creek Canyon, and Reaches 4 and 3
continue north up the canyon to Olympic Parkway. Reach 1 has already been constructed
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and Reach 2 has been studied and its alignment approved as part of approved development
within which the Reach is located. Reaches 1 and 2 are not considered to be part of the
proposed project.
Primary facilities include an interceptor serving planned and approved development adjacent
to the Salt Creek area. Associated facilities include three sewer laterals serving Village 11 on
the west side of Salt Creek, one sewer lateral serving the Olympic Training Center on the east
side of Salt Creek, plus connection structures associated with existing pipelines (Reaches 1
and 2, an existing 5,900 foot section of Reach 5 and the City of San Diego Metro Interceptor),
an access road, manholes and pre-determined staging areas.
The project also includes associated facilities, including but not limited to, three sewer
laterals serving Village 11 on the west side of Salt Creek, and one sewer lateral serving the
Olympic Training Center on the east side of Salt Creek.
The following is a discussion of the currently recommended alignment described by
individual reaches.
Reach 9A/B
Reach 9 includes the westernmost portion of the project and is divided into two subreaches,
9A and 9B. Reach 9B extends from the southwestern part of the City, approximately 500 feet
west of 1-5 to a point approximately 500 feet east of where Main Street (old Otay Valley
Road) turns to the south, a distance of approximately 28,000 lineal feet, or 5.3 miles generally
defining the western boundary of the Otay Ranch. Reach 9B is characterized by a mixture
of residential, commercial, and industrial land uses and is located outside of the wildlife
refuge. At a point approximately 4,000 feet west of I-80S, the pipeline would divert from the
Main Street alignment and travel within Otay Valley Road. Reach 9A begins at a point
approximately 2,000 feet west of I-80S, where the alignment would be placed back into Main
Street. The reason for this diversion is a rise in elevation along Main Street that would
require the sewer to be placed too deep for practical maintenance. The pipeline would then
continue east to the end of the paved roadway, and further east beyond the paved road,
within a dirt road, for another approximately 500 feet. There is a segment of gravity sewer
line within Reach 9A south of the existing Chula Vista Auto Park that is not connected to
the main alignment, but is considered to be part of Reach 9A. This portion of Reach 9A is
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proposed to convey existing sewer flows from the Auto Park directly into a City of San Diego
facility via gravity flow. The flows from this area are currently pumped up to Main Street.
This portion of the project would eliminate the need for the existing pump station located
within the Auto Park. In Reach 9A/B, as well as throughout the alignment, possible
construction staging areas were identified based on the various opportunities and constraints
along the route.
Reaches 8A/B through 6
Reaches 8NB through 6, approximately 17,700 linear feet, or 3.4 miles continue the pipeline
in the dirt road that services an existing quarry operation on the northern slopes of the Otay
River Valley. The dirt road is located in the river terraces above the floodplain of the Otay
River.
Reach 5
From Reach 6, the (Salt Creek Interceptor) alignment continues within existing dirt roads for
approximately 3,500 linear feet, until it reaches the existing pipeline segment constructed
within Salt Creek Canyon. The remaining portion of Reach 5 is the alignment of that
existing 5,900 linear foot 21" & 24" diameter pipeline.
Reaches 4 and 3
A portion of Reach 4 consists of the existing sewer pipe segment. That portion extends south
from the existing County Water Authority easement, into Reach 5. Policy Option 3, as
described in the Addendum to the Draft EIR is the proposed alignment for the facility in
Reaches 3 and 4.
Policy Options 1 or 3
Policy Options 1 or 3 consist of the segment of pipe within Reaches 3 and 4 of the proposed
alignment that is designed for gravity flow. The alignment extends north from the existing
pipeline and travels through the lower portions of the slopes that define the western side of
Salt Creek Canyon. This area contains native upland habitats through approximately two
thirds of the alignment (a total of approximately 6,000 linear feet of the 9,000 linear-foot
July 2001 2S89-02
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length), the remaining portion of the alignment travels through cultivated agricultural fields.
Reach 3 would end at Olympic Parkway, on the west side of Salt Creek Canyon, and would
connect to the approved and/or constructed Reaches 2 and 1.
Under Policy Options 1 or 3, three sewer laterals would be proposed to extend from Village
11 of Otay Ranch to the facility, two in the northern Salt Creek area and one that would
parallel the existing power and water easements.
A gravity sewer lateral extending from the Olympic Training Center would also connect to
the alignment within Reach 4 under Policy Options 1 or 3. This lateral would convey
existing sewage flows from the Olympic Training Center that are currently pumped into the
Telegraph Canyon basin.
Policy Options 2 or 4
Policy Options 2 or 4 consist of an alignment that would avoid most of the impacts to
sensitive upland habitats along the western slopes of Salt Creek Canyon. This would be
achieved under Policy Option 2 by pumping sewage from the southern terminus of Reach 2
up to an alignment that is either within or parallel to the proposed alignment for future
Hunte Parkway, on the eastern edge of the future Village 11 of Otay Ranch. Policy Option
4 would avoid impacts by tunneling under portions of the alignment containing sensitive
habitat. The alignment would then turn south, parallel to the existing SDG&E and County
Water Authority easements, and connect to the existing pipeline segment in Salt Creek
Canyon. The total length of this segment is approximately 12,000 linear feet. It should be
noted that impacts to native habitats would occur within the proposed easement that would
parallel existing easements. Policy Option 2 also includes a pump station capable of pumping
approximately 4.5 million gallons per day (MGD) of sewage. The pump station would be
located at the southerly terminus of Reach 2.
The lateral from the Olympic Training Center would still be required under Policy Options
2 or 4. It should be noted that, in the absence of Policy Options 1 or 3, the Olympic Training
Center lateral would be have to be increased in length over that proposed in Policy Options
1 or 3, since the connection point of the lateral would be southerly of the proposed
connection under Policy Options 1 or 3.
July 2001 2589-02
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The ErR, incorporated herein as referenced, focused on issues determined to be potentially
significant by the City of Chula Vista. The issues addressed in the EIR include aesthetics, air
quality, biological resources, cultural resources, geology and soils, hydrology and water
quality, land use and planning, noise, traffic/transportation, and paleontological resources.
The environmental analysis concluded that for all of the environmental issues discussed,
some of the significant and potentially significant impacts could be avoided or reduced
through implementation of recommended mitigation measures. Potentially significant
cumulative impacts requiring mitigation were identified for aesthetics, air quality, biological
resources, cultural resources, geology, hydrology, traffic/transportation, and paleontological
resources.
Assembly Bill 3180 requires monitoring of only those impacts identified as significant or
potentially significant. The monitoring program for the Salt Creek Interceptor Sewer and
therefore addresses the impacts associated with only the issue areas identified above.
MITIGATION MONITORING TEAM
A monitoring team should be identified once the mitigation measures have been adopted as
conditions of approval by the Chula Vista City Council. Managing the team would be the
responsibility of the Mitigation Monitor (MM). The monitoring activities would be
accomplished by the Environmental Monitors (EMs), Environmental Specialists (ESs), and
the MM. While specific qualifications should be determined by the City of Chula Vista, the
monitoring team should possess the following capabilities:
0 Interpersonal, decision-making, and management skills with demonstrated experience
in working under trying field circumstances;
0 Knowledge of and appreciation for the general environmental attributes and special
features found in the project area;
0 Knowledge of the types of environmental impacts associated with construction of
cost-effective mitigation options; and
0 Excellent communication skills.
The responsibilities of the MM throughout the monitoring effort include the following:
July 2001 2569-02
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0 Implement and manage the monitoring program;
0 Provide quality control for the site-development monitoring;
0 Administrate and prepare daily logs, status reports, compliance reports, and the final
construction monitoring;
0 Act as liaison between the City of Chula Vista and the applicant's contractors;
0 Monitor on-site, day-to-day construction activities, including the direction of EMs and
ESs in the understanding of all permit conditions, site-specific project requirements,
construction schedules, and environmental quality control effort;
0 Ensure contractor knowledge of and compliance with all appropriate permit
conditions;
0 Review all construction impact mitigation and, if need be, modify existing mitigation
or proposed additional mitigation;
0 Have the authority to require correction of observed activities that violate project
environmental conditions or that represent unsafe or dangerous conditions; and
0 Maintain prompt and regular communication with the on-site EMs and ESs and
personnel responsible for contractor performance and permit compliance.
The primary role of the Environmental Monitors is to serve as an extension of the MM in
performing the quality control functions at the construction sites. Their responsibilities and
functions are to:
0 Maintain a working knowledge of the Salt Creek Interceptor Sewer permit conditions,
contract documents, construction schedules and progress, and any special mitigation
requirements for his or her assigned construction area;
0 Assist the MM and Salt Creek Interceptor Sewer construction contractors in
coordinating with City of Chula Vista compliance activities;
0 Observe construction activities for compliance with the City of Chula Vista permit
conditions; and
0 Provide frequent verbal briefings to the MM and construction personnel, and assist
the MM as necessary in preparing status reports.
The primary role of the Environmental Specialists is to provide expertise when
environmentally sensitive issues occur throughout the development phases of project
implementation and to provide direction for mitigation.
July 2001 2589-02
Salt Creek Interceptor Sewer + Mitigation Monitonng Reporting Program MMRP-6
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Mitigation Monito~ing Reporting Program
PROGRAM PROCEDURAL GUIDELINES
Prior ta any constructian activities, meetings shauld take place between all the parties
invalved ta initiate the manitoring program and establish the respansibility and autharity of
the participants. Mitigatian measures that need to be defined in greater detail will be
addressed priar ta any project plan approvals in fallaw-up meetings designed ta discuss
specific monitaring effects.
An effective reporting system must be established prior ta any manitoring efforts. All parties
invalved must have a clear understanding .of the mitigatian measures as adapted and these
mitigatians must be distributed ta the participants .of the manitaring effart. Thase that
would have a complete list .of all the mitigatian measures adapted by the City .of Chula Vista
would include the City .of Chula Vista, the project applicant, the MM, and the canstructian
crew supervisar. The MM wauld distribute ta each Environmental Specialist and
Environmental Manitor a specific list .of mitigatian measures that pertain ta his or her
monitoring tasks and the appropriate time frame that these mitigatians are anticipated ta be
implemented.
In additian ta the list .of mitigatian rneasures, the manitars will have mitigatian manitaring
repart (MMR) forms, with each mitigatian measure written aut an the tap .of the farm.
Below the stated mitigatian measure, the form will have a series of questians addressing the
effectiveness .of the mitigatian measure. The manitors shall complete the MMR and file it
with the MM fallowing the manitaring activity. The MM will then include the conclusions
of the MMR into an interim and final comprehensive canstructian report to be submitted
to the City of Chula Vista. This repart will describe the major accomplishments of the
manitaring program, summarize problems encauntered in achieving the gaals .of the program,
evaluate salutions develaped ta overcome problems, and provide a list .of recommendations
for future manitaring programs. In additian, and if appropriate, each EM or ES will be
required to fill out and submit a daily log report to the MM. The daily lag report will be used
to record and account far the manitoring activities of the monitar. Weekly and/ar manthly
status reports, as determined appropriate, will be generated from the daily lags and
compliance reports and will include supplemental material (i.e., memoranda, telephane lags,
and letters). This type .of feedback is essential for the City .of Chula Vista ta confirm the
implementatian and effectiveness .of the mitigation measures impased an the project.
July 2001 2589-02
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ACTIONS IN CASE OF NONCOMPLIANCE
There are generally three separate categories of noncompliance associated with the adopted
conditions of approval:
0 Noncompliance requiring an immediate halt to a specific task or piece of equipment;
0 Infraction that warrants an immediate corrective action but does not result in work
or task delay; and
0 Infraction that does not warrant immediate corrective action and results in no work
or task delay.
In each case, the MM would notify the Salt Creek Interceptor Sewer contractor and the City
of Chula Vista of the noncompliance, and an MMR would be filed with the MM on a daily
basis.
There are a number of options the City of Chula Vista may use to enforce this program
should noncompliance continue. Some methods commonly used by other lead agencies
include "stop work" orders, fines and penalties (civil), restitution, permit revocations,
citations, and injunctions. It is essential that all parties involved in the program understand
the authority and responsibility of the on-site monitors. Decisions regarding actions in case
of noncompliance are the responsibility of the City of Chula Vista.
SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES
The following table summarizes the potentially significant project impacts and lists the
associated mitigation measures and the monitoring efforts necessary to ensure that the
measures are properly implemented. All the mitigation measures identified in the ErR are
recommended as conditions of project approval and are stated herein in language appropriate
for such conditions. In addition, once the Salt Creek Interceptor Sewer Project has been
approved, and during various stages of implementation, the designated monitors, the City
of Chula Vista, and the applicant will further refine the mitigation measures.
July 2001 2589-02
Salt Creek Interceptor Sewer. Mitigation Monitonng Reporting Program MMRP-8
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COUNCIL AGENDA STATEMENT
Item No.: '1
Meeting Date: 7/17/01
ITEM TITLE: PUBLIC HEARING: Consideration of the Final Subsequent
Environmental Impact Report (EIR 01-01) and its attendant Addendum,
California Environmental Quality Act (CEQA) Findings of Fact,
Statement of Overriding Considerations and Mitigation Monitoring and
Reporting Program for the EastLake III Replanning Program.
RESOLUTION EIR-O1-01: Resolution of the City Council of Chula
Vista Certifying the Final Subsequent Environmental Impact Report
(FEIR 01-01) for the EastLake III Woods and Vistas Re-Planning
program with its attendant Addendum; making certain Findings of Fact;
Adopting a Statement of Overriding Considerations; and Adopting a
Mitigated Monitoring and Reporting program Pursuant to the California
Environmental Quality Act.
SUBMITTED BY: Director of Planning and BUildingK~¿
REVIEWED BY: City Manager (4/Sths Vote: Yes- No )
-
The supporting environmental documents for EIR 01-01 were delivered to you with last week's
Council packet, therefore, no new supporting material will be included for this item.
7-/
-- . .------.-------.----...----
CITY COUNCIL AGENDA STATEMENT
Item No.: ~
Meeting Date: 7/17/01
PUBLIC HEARING: Consideration of the following application filed by The EastLake
Company involving 1030 acres known as EastLake III at the eastern end of the city boundaries,
between the future alignment of Proctor Valley Road and the southerly end of Wueste Road; 455
acres known as the EastLake Trails; and 108 acres known as the "Southem Land Swap" parcel.
a. GPA-OI-07; amendments to the Chula Vista General Plan Land Use Diagram removing various
floating land use designations, re-arranging the adopted residential and commercial land use
districts, and establishing new land use designations at various locations within the GDP site.
Also, amending the Circulation Element to reflect the street network necessary to serve the
proposed development.
b. PCM-01-26; amendments to the Eastlake II General Development Plan, EastLake Greens and
EastLake Trails Sectional Planning Area (SPA) plans and associated regulatory documents to
modifY the adopted EastLake Comprehensive Affordable Housing Program and EastLake
Community Purpose Facilities Master Plan.
c. PCM-00-19; amendments to the EastLake III General Development Plan removing various
floating land use designations, re-arranging the adopted residential and commercial land use
Districts, and establishing new land use districts at various locations within the GDP site. Also,
adopting a new Sectional Planning Area (SPA) plan and associated regulatory documents,
including Planned Community District Regulations, Design Guidelines, Public Facilities
Financing Plan, and Affordable Housing Program for 748 acres known as EstLake III SPA.
RESOLUTION: approving amendments to the Chula Vista General Plan, Eastlake II and III
General Development Plans, Eastlake Greens and EastLake Trails Sectional Planning Area
(SPA) plans. Also, adopting a new Sectional Planning Area (SPA) plan and associated
regulatory documents for 748 acres known as Eastlake III, and located east of the EastLake
Business Center and salt creek open space corridor, between the future alignment of Proctor
Valley Road and the southern end ofWueste Road.
ORDINANCE: approving the Planned Community District Regulations and Land Use
District map for 748 acres known as the Eastlake III Sectional Planning Area (SPA) plan,
located east of the Eastlake Business Center and Salt Creek open space corridor, between the
future alignment of Proctor Valley Road and Olympic Parkway.
SUBMITTED BY: Director of Planning and BUildingfß ¿
REVIEWED BY: City Manager
The supporting documents for GPA 01-07 were delivered to you with last week's Council
packet, therefore, no new supporting material will be included for this item.
2 - {
--- --- --------.-----------------
COUNCIL AGENDA STATEMENT
Item No.:L'6
Meeting Date: '7/10/01
ITEM TITLE: PUBLIC HEARING: Consideration of the following application filed
by The EastLake Company involving 1030 acres known as EastLake ill
at the eastern end of the city boundaries, between the future alignment of
Proctor Valley Road and the southerly end of Wueste Road; 455 acres
known as the EastLake Trails; and 108 acres known as the "Southern
Land Swap" parcel.
a. GPA-OI-07; amendments to the Chula Vista General Plan Land Use
Diagram removing various floating land use designations, re-
arranging the adopted residential and commercial land use districts,
and establishing new land use designations at various locations within
the GDP site. Also, amending the Circulation Element to reflect the
street network necessary to serve the proposed development
b. PCM-01-26; amendments to the EastLake II General Development
Plan, EastLake Greens and Eastlake Trails Sectional Planning Area
(SPA) plans and associated regulatory documents to modify the
adopted EastLake Comprehensive Affordable Housing Program and
EastLake Community Purpose Facilities Master Plan.
c. PCM-00-19; amendments to the EastLake ill General Development
Plan removing various floating land use designations, re-arranging
the adopted residential and commercial land use Districts, and
establishing new land use districts at various locations within the
GDP site. Also, adopting a new Sectional Planning Area (SPA) plan
and associated regulatory documents, including Planned Community
District Regulations, Design Guidelines, Public Facilities Financing
Plan, and Affordable Housing Program for 748 acres known as
EastLake ill SPA.
SUBMITTED BY: ));rectoc of Pl~";og ... Boild.{
í fL
i!J
REVIEWED BY: City Manager f oJ f? r (4/Sths Vote: Yes- No - )
The Salt Creek Sewer EIR (Item #9) is being continued to the July 17th Council Meeting;
therefore, the EastLake III GPA-OI-07 (Item #11) is also being continued to July 17th due to its
interrelationship to the Salt Creek Sewer EIR.
CITY COUNCIL AGENDA STATEMENT
Item No.: II
Meeting Date: 7/10/01
ITEM TITLE: PUBLIC HEARING: Consideration of the following application filed by
The EastLake Company involving 1030 acres known as EastLake III at the
eastern end of the city boundaries, between the future alignment of Proctor
Valley Road and the southerly end of Wueste Road; 455 acres known as the
EastLake Trails; and 108 acres known as the "Southem Land Swap" parcel.
a. GPA-01-07; amendments to the Chula Vista General Plan Land Use
Diagram removing various floating land use designations, re-arranging
the adopted residential and commercial land use districts, and
establishing new land use designations at various locations within the
GDP site. Also, amending the Circulation Element to reflect the street
network necessary to serve the proposed development.
b. PCM-Ol-26; amendments to the Eastlake II General Development
Plan, EastLake Greens and EastLake Trails Sectional Planning Area
(SPA) plans and associated regulatory documents to modify the
adopted EastLake Comprehensive Affordable Housing Program and
EastLake Community Purpose Facilities Master Plan.
c. PCM-00-19; amendments to the EastLake III General Development
Plan removing various floating land use designations, re-arranging the
adopted residential and commercial land use Districts, and establishing
new land use districts at various locations within the GDP site. Also,
adopting a new Sectional Planning Area (SPA) plan and associated
regulatory documents, including Planned Community District
Regulations, Design Guidelines, Public Facilities Financing Plan, and
Affordable Housing Program for 748 acres known as EstLake III SPA.
RESOLUTION: approving amendments to the Chula Vista
General Plan, Eastlake II and III General Development Plans, Eastlake Greens
and EastLake Trails Sectional Planning Area (SPA) plans. Also, adopting a
new Sectional Planning Area (SPA) plan and associated regulatory documents
for 748 acres known as Eastlake III, and located east of the EastLake Business
Center and salt creek open space corridor, between the future alignment of
Proctor VaHey Road and the southern end ofWueste Road.
ORDINANCE: approving the Planned Community District Regulations
and Land Use District map for 748 acres known as the Eastlake III Sectional
Planning Area (SPA) plan, located east of the Eastlake Business Center and
Salt Creek open space corridor, between the future alignment of Proctor Valley
Road and Olympic Parkway.
1/- I
Page 2, Item No.:
Meeting Date: 07/10/01
SUBMITTED BY: Director of Planning and Building W~
REVIEWED BY: City Manager ~~ p'i"" (4/Sths Vote: Yes_No-L)
The applicant, The Eastlake Company, has submitted applications to amend the City's General Plan,
Eastlake II and EastLake III General Development Plans (GDP), Eastlake Greens and EastLake Trails
Sectional Planning Area (SPA) plans and associated regulatory documents. The applications request
approval of the third and final development phase of EastLake, which involves two residential
neighborhoods known as the Woods and Vistas, and an elongated shaped lot referred to as the
"Panhandle" parcel.
The Woods and Vistas Combined encompass 748 acres with capacity for 2061 dwelling units and
support land uses, such as: parks, schools fire station, recreation trails, open space and other amenities.
The proposed land plan redistributes the same land uses and residential densities, previously adopted
for this area, in a more comprehensive and detailed land plan.
The applications also include a new SPA for the third phase of East Lake, which is known as EastLake
III. EastLake III contains two residential neighborhoods, EastLake Woods and EastLake Vistas, and is
located east of the EastLake Business Center and Salt Creek open space corridor between Proctor
Valley Road and the southerly end ofWueste Road. (see Locator).
The amended sections of the Eastlake II General Development Plan, Eastlake Greens and EastLake
Trails SPAs, as proposed to be amended, are attached as Attachment s 3 and 4. The EastLake III GDP,
as proposed to be amended, the new SPA plan and accompanying documents, including: I) Planned
Community District Regulations; 2) Design Guidelines; 3) Public Facilities Financing Plan; and 4)
Affordable Housing Program, are attached in the Eastlake III binder (see Attachment 5).
A Final Subsequent Environmental Impact Report for this Project (FSEIR 01-01) and Addendum has
been previously certified by the City Council, and therefore no further action is necessary.
RECOMMENDATION:
Adopt attached Resolution and Ordinance approving the proposed amendments to the General Plan,
EastLake II and EastLake III General Development plans, Eastlake Greens and EastLake Trails
Sectional Planning Area (SPA) Plans and associated regulatory documents, including the EastLake
Comprehensive Affordable Housing Program and EastLake Community Purpose Facilities Master
Plan. Also, approve a new Sectional Planning Area (SPA) plan for EastLake III, including Planned
Community District Regulations, Public Facilities Financing Plan, Design Guidelines, and Affordable
Housing Program in accordance with the findings and subject to the conditions contained therein.
BOARDS AND COMMISSION RECOMMENDATION:
On April25, 2001, the Planning Commission had a workshop meeting to go over the Eastlake III
Replanning Program. At the meeting, staff introduced the project and an overview of the traffic
condition in eastern Chula Vista. The planning Commission asked general questions to clarify
/1-2
Page 3, Item No.:
Meeting Date: 07/10/01
certain aspects ofthe project as it relates to the surrounding properties. One of the questions raised
by the Planning Commission relates to the newly adopted water quality standards adopted by the San
Diego Water Quality Control Board. Staff explained that the project is being designed to divert to
Salt Creek drainage basing in order to prevent urban runoff into the easterly adjacent Otay Lakes
reservoir. In addition, the project would be conditioned to comply with the newly adopted water
quality standards.
With regard to the citywide GMOC traffic capacity, the Planning Commission asked if the 9429
maximum number of dwelling units excluded affordable housing. Staff indicated that the traffic
capacity included all units. However, the City Council through a traffic management program could
potentially exempt, or give priority to affordable housing projects. (see Attachment).
On June 27, 2001, the Planning Commission considered the proposed project and after hearing
staffs presentation and public testimony, approved the project by unanimous vote, recommending
that the City Council approve the project based on the findings and subject to the conditions
contained in the attached City Council Resolution and Ordinance.
PUBLIC INPUT
A community meeting was held on June 7, 2001 at the Arroyo Vista Elementary School in EastLake.
The presentation included an update of the traffic conditions east of I-80S and an overview of the
proposed project. After staffs and EastLake representatives' presentation, resident in attendance raised
questions about the potential drainage runoff to the existing Otay Lakes, which are potable water
reservoirs. Staff and EastLake representatives stated that the project had been designed to divert all
urban runoff to the Salt Creek drainage basin located along the west side ofEastLake III. Staff added
that salt creek has also been designed with several detention basins to clean the water as much as
possible.
With regard to traffic, those in attendance expressed concern about the constant construction activities
along Telegraph Canyon Road / Otay Lakes Road. Staff indicated that most of the construction is
related to installation of public utilities, but that the construction is expected to conclude shortly.
BACKGROUND
The EastLake III General Development Plan was adopted by City Council in 1989 along with a
Sectional Planning Area (SPA) plan for the Olympic Training Center (OTe). The OTC is currently the
only development in EastLake III (see Figure I-A). The adopted EastLake III General Development
Plan is proposed to be repealed and replaced with a more up to date document (see EastLake III binder,
Attachment 5, General Development Plan tab).
In 1999, the City Council approved the transfer of 103 acres of Research and Limited
Manufacturing fÌ'om EastLake III to EastLake II GDP (see Figure I-B). Approval of this transfer of
land included a condition requiring EastLake to amend the EastLake III GDP to reflect the transfer
of land and adjustments in statistical data and text of such transfer. The proposed GDP amendments
include said transfer of land.
1/-3
Page 4, Item No.:
Meeting Date: 07/10/01
DISCUSSION: .
1. Existing Site Characteristics
The third and last phase of the EastLake Master Planned Community, EastLake III, is
located at the east end of the city's jurisdictional boundaries, and consists of approximately
927 acres (1030 acres with the Business center) of gentle rolling hills. EastLake III contains
four distinct planning areas: 1) the Woods (East and West); 2) the Vistas; 3) the Olympic
Training Center; and 4) "Panhandle" parcel (see Figure 2, EastLake III Components). The
following paragraphs describe each of these planning areas separately and in more detail:
The Woods East neighborhood is the portion of EastLake III, east of Hunte Parkway
between the future alignment of Proctor Valley Road .and Otay Lakes Road. The existing
terrain features gentle rolling hills with a north-to-south ridge along the center of Woods
East (see Figure 3, Existing Terrain). Surrounding land uses include: the Upper and Lower
Otay Lakes Reservoir to the east; the EastLake Business Center to the west; the future
alignment of Proctor Valley Road and Rolling Hills Ranch Planned Community to the
north; and Otay Lakes Road to the south. Access would be provided along each of the three
major streets surrounding the property, Proctor Valley Road, Otay Lakes Road and
Olympic Parkway (see Figure 4).
WOODS NEIGHBORHOOD SITE
Surrounding Land Uses
c.v. Muni General Plan Land Use GDP Land Use District Existing Land
Code! Zoning Designation Designation Use
Site PC Low Deosity Residential Low Density Residential Vacant
(0-3 du's! ac) (0-3 du's! ac)
South PC Low Density Residential Low Density Residential Vacant
(0-3 du's! ac) (0-3 du's! ac)
East PC Open Space N/A Open Space
West PC Research and Ltd. Mfg. Research and Ltd. Mfg. Vacant
North PC Low Density Residential Low Density Residential Vacant
(0-3 du's! ac) (0-3 du's! ac)
The Woods West neighborhood is an elongated parcel located on the west side of Hunte
Parkway between Otay Lakes Road and the southern boundary ofthe Rolling Hills Ranch
community (see Figure 3). The site terrain slopes 30- 50 ft west-to-east to Hunte Parkway,
and is limited to the north by the Rolling Hills community, to the West by the recently
approved EastLake Business Center II located 20-30 above, to the South by Otay Lakes
Road and to the east by Hunte Parkway.
The Vistas Neighborhood is the portion of EastLake III located south ofOtay Lakes Road
between Hunte Parkway and Wueste Road. The existing terrain continues the rolling hills,
with the north-to-south ridge along the center of the property, and is limited to the east by
II
Page 5, Item No.:
Meeting Date: 07/10/01
the Lower Otay Lakes Reservoir, across Wueste Road; to the west by the Salt Creek open
space corridor; to the south by Olympic Parkway and the Olympic Training Center (OTe);
and to the north by Otay Lakes Road. Access to this neighborhood would be provided
along Otay Lakes Road and Olympic Parkway (see Figure 4).
VISTAS NEIGHBORHOOD SITE
Surrounding Land Uses
c.v. Muni General Plan Land Use GDP Land Use District Existing Land Use
Code! Zoning Designation Designation
Site PC Low Density Residential Low Density Residential Vaeant
(0-3 du's! ac). (0-3 du's! ac)
South PC Public Quasi-public & comm. Public Quasi-public & comm. Sports Training
High density Res High density Res facility
East PC Open Space N!A Open Space
West PC Open Space Open Space Open Space
North PC Low Density Residential Low Density Residential Vacant
(0-3 du's! ac) (0-3 du's! ac)
The Olympic Training Center (OTC SPA) is the only adopted SPA and developed land in
EastLake III. The OTC is limited to the east by the Lower Otay Lakes Reservoir; to the
west by the Salt Creek open space corridor and Otay Ranch Master Planned community
(Village 11); to the north by Olympic Parkway; and to the south by a 44-acre vacant
parcel. This SPA is not proposed to be amended, and therefore is not addressed
specifically in this report.
The "Panhandle" is an elongated shaped, 44-acre parcel south of the Olympic Training
Center referred throughout the GDP and SPA documents as the "Panhandle" parcel. The site
is presently vacant and features the same rolling hills topography of the Woods and Vistas
sites. Access to this site is via a two-lane road known as Wueste Road (see Figure 4). This
site is not proposed to be included in the EastLake III SPA. Thus, a separate SPA plan would
be required in the future for the development of this site.
PANHANDLE SITE
Surrounding Land Uses
C.V. Muni General Plan Land Use GDP Land Use District Existing Land Use
Code! Zoning Designation Designation
Site PC Parks and Recreation Park Vacant
South PC N!A N!A Vacant
East PC Open Space N!A Open Space
West PC Open Space N!A Open Space
North PC Public Quasi-public Public Quasi-public Sports training facility
Page 6, Item No.:
Meeting Date: 07/10/01
2. Project Description
The EastLake III Replanning Program consists of rearranging the EastLake III GDP land use
designations and establishing a new SPA plan for the Woods (East and West) and Vistas
neighborhoods.
To achieve the Replanning Program, the applicant is proposing to replace the adopted EastLake
III General Development plan with a new, more up-to-date and efficient GDP document. The
new GDP basically redistributes the same land uses and residential densities in a more cohesive
land plan. The re-arrangement of land uses, changes in densities and permitted number of
dwelling units require a General Plan amendment to reflect the new land use distribution,
residential densities and other neighborhood support land uses.
The Proposed General Development Plan incorporates the Community Purpose Facilities
Master Plan adopted as part of the EastLake II GDP and EastLake Greens and EastLake Trails
SPAs for the portion of the Greens known as the Southern "Land Swap" parcel, the EastLake
Trails and EastLake III.
These documents are being incorporated into the EastLake III GDP and SPA with minor
amendments and updated statistical data, resulting fÌ'om the increase in the number of dwelling
units for EastLake III. Thus, in order to maintain intemal consistency among the different
documents governing the development of the EastLake Master Planned Community, the
applicant is also proposing amendments to the adopted EastLake II GDP and EastLake Greens
and Trails SPAs.
A strike-out/underlined version ofthe affected sections of the EastLake II GDP, and EastLake
Greens and Trails SPAs are attached (see Attachment 3 and 4). The amendmentto the EastLake
II GDP and EastLake Greens and Trails SPAs are discussed in more detail in the Analysis
Section of this report, under Affordable Housing and Community Purpose Facilities.
EastLake Woods (East and West)
Under the adopted Eastlake III GDP, the Woods (East and West) is a 360-acre residential
neighborhood designed to accommodate 667 dwelling units at densities ranging from Low
(0-3 du/ac) to Low Medium (6-11 du/ac). With the exception of the Professional and
Administrative Commercial and Research and Limited Manufacturing land uses, which are
proposed to be deleted, the EastLake III Replanning Program features basically the same
land use composition, but has been redesigned with smooth transitions among the different
residential densities and non-residential land uses (see Figure SA). Three Public Quasi-public
sites are included for an elementary school, a middle school and a fire station.
The new GDP plan also includes a new internal circulation system with a single spine road to
reduce the traffic speeds and be more pedestrian fÌ'iendly. The proposed amendments for the
Woods neighborhood are summarized as follows:
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Page 7, Item No.:
Meeting Date: 07/10/01
General Plan Amendments:
. Remove the Community Park floating land use designation (i.e. Land use
designated by a circle in the General Plan Diagram and General Development
Plan without specific delineation ofland area) at the southwest end and northwest
corner of the Woods neighborhood, and establish a more specific park site within
the Vistas Neighborhood (see Figure 6).
. Remove the elementary school, high school and neighborhood park floating land
use designations, and establish Public Quasi-public sites for an elementary and
middle high schools as shown in the proposed GDP (see Figure 6).
. Incorporate a New Public Quasi-public site for a future fire station (see Figure 6).
General Development Plan Amendments
. Pursuant to recent City Council action transferring the westerly 103 acres of the
Woods neighborhood, designated Research and Limited Manufacturing, from
EastLake III to EastLake II GDP, relocate the existing EastLake III GDP boundaries
to the western edge of the residential area, which are referred to as EastLake Woods
West. Also, adjust the statistical tables to reflect the reduction in acreage from 1030
to 942 acres (see Figure 5-A and 5-B).
. Relocate the elementary and middle school sites (see Figure 5-A and 5-B).
. Pursuant to recent City Council action converting 7 acres of Single Family
Residential to Park in the Rolling Hills Ranch (RHR), and an agreement between the
City and The EastLake Company to pay in-lieu fees for the park obligation in the
Woods, remove the Park designation fÌ'om the Woods.
. Establish new Public Quasi-public land use Districts to relocate the elementary and
middle schools, and a future fire station at the northwest corner ofOtay Lakes Road
and the Woods entrance (see Figures 5A and 5B).
Vistas Neighborhood
Under the adopted Eastlake III GDP, the Vistas is a 488-acre residential neighborhood designed
to accommodate 1,394 dwelling units at densities ranging fÌ'om Low (0-3 du/ac) to High (18-27
du/ac). The land use composition, which also includes Retail and Tourist Commercial, Public
Quasi-public and Open Space land uses, remains the same with the exception of a new
neighborhood park site on the southern half of the Open Space area along the eastern edge, and
the deletion of the Professional and Administrative Commercial land use designation (see
Figure 5-A and 5-B). The proposed amendments for the Vistas neighborhood are
summarized as follows:
General Plan Amendments
. Re-arrange the Medium density (6-11 du/ac) and Medium High (11-18 du/ac)
residential and introduce a Retail Commercial component along the north side of
Page 8, Item No.:
Meeting Date: 07/10/01
Olympic Parkway. Change the westerly one half of the Vistas Neighborhood fÌ'om
Low Density (0-3 du/ ac) to Low Medium density residential (3-6 du/ac) (see
Figure 6).
. Change the southerly one half-of the open space area along the eastern edge of the
Project fÌ'om Open Space to Parks (see Figure 6).
. Remove the Medium High, Professional and Administrative and Retail
Commercial floating land use designations, and establish a new Public Quasi-
public, and High Density Residential land uses for the portion of the Vista located
on the south side of Olympic Parkway, west of the OTC main entrance (see
Figure 6).
. Remove the Visitor Commercial and Open Space floating land use designation,
and establish a new Tourist Commercial land use designation for the portion of
the Vistas on the south side of Olympic Parkway, east of the OTC main entrance.
. The Changes to the Circulation Element of the General Plan consist of changing
the Roadway classification of: 1) Olympic Parkway between SR-125 and Eastlake
Parkway, fÌ'om a 6-lane to 8-lane Prime Arterial; 2) Otay Lakes Road Between
SR-125 to Eastlake Parkway, fÌ'om 6-lane to 7-lane Prime Arterial; and Vistas
internal roadway from Olympic Parkway to Otay Lakes Road, from Class I and II
colIector to Class III Collector.
General Development Plan Amendments
. Change the western half of the Vistas neighborhood from Low (0-3du/ac) to Low
Medium (3-6 du/ac).
. Re-arrange the Medium density (6-11 du/ac) and Medium High density (11-18
du/ac) residential, and introduce a Retail Commercial component directly south.
Change the westerly one-half of the Vistas neighborhood from Low Density (0-3
du/ ac) to Low Medium density residential (3-6 du/ac) (see Figure SA and 5B).
. Change the southern half of the open space along the eastern edge of the Vistas
neighborhood from Open Space to Park (see Figure 5A and 5B).
. Change the Medium High floating land use designation to High density
residential (18-27 du's / ac) within the specific boundaries shown in the proposed
GDP.
. Remove the Medium High, Professional and Administrative and Retail
Commercial floating land use designations, and establish a new Public Quasi-
public, and High Density Residential land uses for the portion of the Vista located
on the south side of Olympic Parkway, west of the OTC main entrance.
Page 9, Item No.:
Meeting Date: 07/10/01
. Remove the Retail Commercial floating land use designation and establish a new
Commercial retail land use designation on the north side of Olympic Parkway,
directly across the OTC main entrance.
. Remove the Visitor Commercial and open space floating land use designation, and
establish a new Tourist Commercial land use designation for the portion of the Vistas
on the south side of Olympic Parkway, east of the OTC main entrance
"Panhandle" Parcel
The proposal for the "Panhandle" parcel is to change the present Park and Recreation land
use designation to Public Quasi-public.
The following table illustrates the statistical changes between the adopted and proposed
Eastlake III General Development Plans.
Eastlake III GDP Residential Statistical Changes
LAND USE ADOprED PROPOSED DIFFERENCE ADOPTED PROPOSED DIFFERENCE
CATEGORY ACRES ACRES IN ACREAGE DU'S DU'S INDUS
Low
0-3 du'slae 336.0 298.2 ,37.8(-11%) 746 650 -96(,12%)
LowMed
3-6 du'slae 56.6 154.5 +98.5(+174%) 255 799
Medium
6-11 du'slae 30.6 7.3 -23.3 (-76%) 260 73
Med High
11-18 du'slae 32.5 15.9 -16,6(-51%) 560 239
High
18-27 du'slae 0 12.3 +12.3( 100%) 0 300 +30P{HPO%)O
Sub-total 455.7 488.2 +32.5(+7%) ],767 206] +294'(+1'6%)
Average Residentia] Density ~ Adopted 3.87 du'slae Proposed 4.22du'slae. Change +-0.4 du's/ae
Trails Non-residential Statistical Changes
LAND USE ADOPTED PROPOSED
CATEGORY ACRES ACRES
Retail Comm'] 7.0 12.2
Open Spaee 196.4 137.8
Pub/Quasi-Pub ]80.0 245.0
Parks and Ree 70.4 15.2
MajorCir. 0 25.516
Tourist Comm. 14.8 18.4
Prof. Admin 3.2 0
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Res. & Ltd Mfg. 102.6 0 -102.6 HOO"/o)
Sub-total 574.4 454.1 -119.9(-20%)
New EastLake III Sectional Planning Area (SPA) Plan
The new SPA plan refines and implements the development concept of the EastLake III GDP,
which itself refines the development designated for the project site in the Chula Vista General
Plan. This SPA plan defines, in more detailed terms, the development parameters for EastLake
III planned community, including the land use mix, design criteria, circulation pattern, open
space and recreation concept and infÌ'astructure requirements,
The SPA is implemented through a series of documents, including: 1) Planned Community
District Regulations; 2) Residential and Commercial Design Guidelines; 3) Public Facilities
Finance Plan; 4) Air Quality Improvement Plan; 5) Water Conservation Plan; and 6) Affordable
Housing Program (see Attachment 5, EastLake III GDP/SPA binder).
ANALYSIS
1. General Plan Amendments
The General Plan Amendments for the Woods neighborhood, which consist of basically
defining more precisely the land use distribution, are the result of a more accurate
analysis of the subject site terrain, the surrounding land uses, current development market
trends and a more cohesive land plan. As indicated above, the Low density residential,
envisioned along the eastern edge of this neighborhood, overlooks the upper Otay Lakes
reservoir and the mountains. The Low Medium adjacent to the easterly adjacent EastLake
Business Center are maintained as prescribed in the General Plan. Thus, with the
exception of re-arranging the school facilities, elimination of a neighborhood park site
and establishing a new fire station site at the entrance to Woods East at Otay Lakes Road,
the land uses, overall residential density and land use composition of the Woods are very
similar to the previously adopted GDP.
The proposed General Plan amendments in the Vistas are more extensive because of the
need to integrate the Vistas land use plan with the westerly adjacent Salt Creek open
space corridor, the EastLake Trails neighborhood, and the Olympic Training Center
entrance.
The General Plan designation of Low Density Residential is retained on the easterly one-
half of the Vistas neighborhood, which has views of the Otay Reservoir. The westerly
half is proposed for Low Medium density to complement the residential products and
densities presently being constructed in the Trails.
The area adjacent to the OTC entrance is identified as the Community Activity Center in
the adopted General Plan. The proposed General Plan amendments reconfigure the retail
and Tourist Commercial, Community Purpose Facility and Multifamily residential land
use districts to provide a more active core area around the OTC main entrance.
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Page 11, Item No.:
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The proposed General Plan amendment for the Panhandle parcel south of the OTC is to
change the land use designation fÌ'om Park to Public Quasi-Public. The reason for the
change is primarily the relative location of the "Panhandle" lot as a neighborhood park
for the EastLake III residential component. Neighborhood parks, as defined in the
General Plan, serve local residents and are within walking distance fÌ'om the households
they intend to serve. Parkland should also be free of constraints such as steep slopes,
utility easements, or any other restrictions.
The "Panhandle" parcel, as depicted in the General Plan and Eastlake III General
Development Plan, is an elongated, irregular shaped parcel located approximately one
mile south of Olympic Parkway and the residential component of the EastLake III
Planned Community. The terrain consists of north to south ridgeline with steep slopes on
either side. The highest point is approximately 70 ft. above Wueste Road. The general
location of the "Panhandle" site in relationship to the residential component of East Lake
III, and the existing terrain are the underlying reasons supporting the land use change
from Park to Public Quasi-public. The project park requirement would be met with a site
in the Vistas neighborhood and in-lieu park acquisition and development fees.
The circulation element is also proposed to be amended to reflect the roadway
reclassifications needed to mitigate cumulative traffic circulation impacts for Olympic
Parkway from SR-125 to EastLake Parkway. This roadway will become an eight-lane
Prime Arterial. Otay Lakes Road from SR-125 to EastLake Parkway will change to a
seven-lane Prime Arterial. The internal Vistas Spine Road will change from Class I and
Class 11 Collector to a Class III Collector (see Figure 7). The Public Facilities Finance
Plan contains a more detailed discussion of the required circulation network for the
project (see Attachment 5, Public Facilities Finance Plan tab).
In staffs opinion, the proposed amendments to the Land Use Diagram and Circulation
Element of the General Plan improves the quality of the overall plan and contributes
significantly to advance to the city's goal of providing a wide range of housing types,
including high-end housing opportunities, while also providing support uses for
community residents and users and visitors to the OTC.
2. General Development Plan Amendments
The proposed EastLake III General Development Plan (GDP) replaces the adopted 1990
EastLake III General Development Plan (see Attachment 5, Adopted General
Development Plan). The new GDP serves as the policy bridge between the Chula Vista
General Plan and the EastLake III SPA Plan. It also establishes land use designations;
master planned community goals, and defines the type and intensity of development for
the project. The new GDP also establishes specific goals for residential, commercial open
space, parks and recreation to guide development in EastLake III. One of the major goals
for EastLake III is to provide a full range of housing products, including a "Luxury
Homes" neighborhood. This high-end housing component is intended to attract business
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Page 12, Item No.:
Meeting Date: 07/10/01
owners that may establish their firms in the EastLake Business Center, and live in
EastLake.
EastLake III Neighborhoods
The EastLake III GDP residential neighborhoods include the Woods West, Woods East,
and the Vistas. Non-residential land uses include: retail and tourist commercial, the
Olympic Training Center and the "Panhandle" parcel south ofthe OTC.
For the Woods neighborhood, the General Development Plan establishes Low Density (0-
3 du/ac), Low Medium (3-6 du/ac) Density Residential land use districts as well as
community serving land uses. such as: Community Purpose Facilities, Parks and Open
Space, and Public Quasi-public for elementary school, middle school, and fire station
sites. The Woods internal circulation system has been designed without major streets, to
reduce the traffic speed and be more pedestrian fÌ'iendly (see Attachment 5, EastLake III
GDP).
The Vistas neighborhood establishes Low Density (0-3 du's/ ac) to High Density
Residential (18-27 du's/ac) in addition to Retail and Tourist Commercial, Parks and
Recreation, and Public Quasi-public land uses. As in the Woods, the Vistas internal
circulation system has been designed without major streets to reduce the traffic speed and
be more pedestrian friendly (see Figure 5A).
The southerly part of the Vistas, near the OTC, is the Activity Center. The Activity
Center, which consists of small-scale retail and tourist commercial sites overlooking the
Lower Otay Reservoir, and the surrounding multifamily sites. The Activity Center is
intended to support the OTC residents and function as a neighborhood specialty center for
Vistas residents
The OTC is the only developed area within the EastLake III General Development Plan.
The ISO-acre site has substantial development consisting offacilities for Olympic athletes
who train at the facility and on the Lower Otay Reservoir year around. The main needs
of the staff, athletes and support groups of the OTC are affordable housing, retail uses
and visitor serving uses such as lodging facilities.
The GDP designates the "Panhandle" parcel Public Quasi-Public, which is consistent
with the above-mentioned General Plan amendment, and compatible with the Olympic
Training Center land use. However, since the parcel is not proposed for development, and
is not proposed to be included in the EastLake III SPA. Thus, a separate SPA plan will be
prepared later for the development of this property.
GDP Consistency with the General Plan
Within both, the EastLake Woods and Vistas neighborhoods, the proposed land uses and
development intensity will directly implement the provisions of the General Plan as
amended. Within the Woods, all designated public facilities are located within the areas
designated by the General Plan, and the permitted density and land use intensities are
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Page 13, Item No.:
Meeting Date: 07/10/01
those prescribed in the General Plan, as amended.
The proposed GDP fully implements the concept envisioned in the General Plan by
providing the necessary standards and guidelines for the preparation of implementing
plans and regulatory documents for the Woods and Vistas.
An amendment to the adopted General Plan Diagram and Circulation Element of the
General Plan is being processed concurrently, and is required to establish GDP
consistency with the General Plan. The land use designations included in the EastLake III
GDP are those that are proposed as an amendment to the General Plan Diagram.
With the adoption of the proposed amendments to the Land Use Diagram and Circulation
Element ofthe General Plan, the EastLake III General Development Plan will be in
substantial conformance with the amended General Plan.
3. New EastLake III Spa Plan
As an increment of the overall Eastlake Planned Community, the Eastlake III SPA is, to a
large extent, an extension of the existing Eastlake Master Plan development, both in
terms of design, planning policy and regulations. The SPA plan refines and implements
the development concepts of the EastLake III General Development Plan, and
implements the concepts of the City's General Plan. The new Eastlake III SPA is divided
into two neighborhoods: Eastlake Woods on the north side ofOtay Lake Road and the
Vistas Neighborhood on the south side. Combined, these two neighborhoods could
accommodate a maximum of2,061 dwelling units at densities ranging fÌ'om Low (0-3
dulac) to High (18-27 dulac). To complement the residential land uses, the SPA also
features Retail and Tourist Commercial; Public Quasi-public, Parks and Open Space land
use designations, all strategically arranged to achieve a cohesive and well balanced land
plan (see Figure SA and Attachment 5).
The Woods East neighborhood is layered in four lot categories, starting with 7,000 square
foot lots near Salt Creek Corridor, increasing in size to 8,000, 10,000, 20,000, to over an
acre towards the eastern edge. This neighborhood features a winding, rural type road to
serve the gate guarded custom lots overlooking the Upper Otay Reservoir. Woods East is
compatible in use and density with the Low Residential (0-3 dulac) Rolling Hills Ranch
development to the north, and is slated to become the premier luxury home neighborhood
in EastLake.
The Woods West, which is located next to the EastLake Business Center, is designated as
Low Medium Residential (3-6 dulac), and features small single-family detached lots
similar to development occurring further to north in Rolling Hills Ranch.
The Vistas neighborhood continues the "Luxury Home" theme on the easterly half of the
site with 7,000 to 10,000 square foot lots overlooking Lower Otay Reservoir. The
westerly half of the Vistas site is devoted to entry-level single family detached homes
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Page 14, Item No.:
Meeting Date: 07/10/01
facing Salt Creek and EastLake Trails neighborhood.
The multifamily residential is provided in two categories: condominium sites at densities
ranging fÌ'om 10 to 15 du' s per acre, and a multifamily site at a density of 24 du' s per
acre. The condominium sites are located around the Retail Commercial site facing the
single-family residential neighborhood to the north. Combined, the condominium sites
could accommodate up to 312 dwelling units. The multifamily site is located on the south
side of Olympic Parkway immediately west of the OTC main entrance and has capacity
for 300 dwelling units.
The Vistas land use composition and densities are intended to reflect the Trails
neighborhood, which provides a wide range of single-family detached and attached products,
as well as condominium sites in the Low and Low Medium to and Medium High density
land use designations.
Urban Design
The EastLake III SPA consists of two separate residential neighborhoods, the Woods and
the Vista, a mixed-use Activity Core adjacent to the Olympic Training Center (OTe)
entrance and two linear open space corridors. The EastLake Woods neighborhood is
primarily a low density single family detached residential neighborhood with local, and
some community serving, public facility sites. The low-medium area (Woods West) and
the western portion of the Woods East are oriented to take advantage of views into the
Salt Creek Greenbelt Corridor, while the eastern portion ofthe Woods East is oriented to
Upper Otay Reservoir.
The EastLake Vistas neighborhood is more complex in that it includes low and medium-
low density residential along with higher density residential and commercial uses to serve
both the EastLake community and OTC residents and visitors. The northern portion of
the neighborhood is a single family detached neighborhood similar to EastLake Woods
and EastLake Trails, to the north and west respectively. The eastern portion is oriented to
the views to Lower Otay Reservoir while the western portion is oriented toward Salt
Creek. Medium, medium-high and high density residential uses (single family attached
and multifamily product types) are clustered at the southern end of the neighborhood with
commercial uses which, with the OTC, form the EastLake III/OTC Activity Center.
The Activity Center, which is identified in the Chula Vista General Plan within the
Eastern Territories Area Plan, is a social and activity focal point at the entrance to the
Olympic Training Center.1t is intended to serve visitors, residents of the training facility,
as well as the local community, providing goods and services related to the OTC use.
Office uses could include administrative offices for the training center or related
professions.
The Tourist Commercial development is envisioned as a low intensity commercial use,
possibly a semi-destination resort type facility for use by visitors to the OTC or
tourists/spectators attracted to activities at the site. Both the lake front setting and OTC
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Page 15, Item No.:
Meeting Date: 07/10/01
facilities will help to establish the character for this facility.
The two linear open space areas, which are branches of the Chula Vista Greenbelt, fÌ'ame
the development areas and connect the public and quasi-public use sites within the
project. Within the EastLake Woods neighborhood, these uses are clustered along the
Salt Creek Greenbelt with a junior high school site located to the north on the east side of
the open space area and an elementary school site to the south, on the west side of the
greenbelt at the intersection of Hunte Parkway and Otay Lakes Road. East of the
elementary school, a fire station site and private recreation area are designated at the
neighborhood entry from Otay Lakes Road.
These uses extend along the corridor to the north into Rolling Hills Ranch where a
community park and CPF site are located. The Salt Creek Greenbelt continues south on
the western edge of the EastLake Vistas neighborhood containing a community park and
private recreation center developed within the adjacent EastLake Trails neighborhood. A
public park is located on the eastern edge of the EastLake Vistas neighborhood, within
the eastern greenbelt branch, overlooking Lower Otay Reservoir. The Salt Creek park
and greenbelt trail and open space system are the focal point for residential uses in the
western half of the neighborhood, while the park and ~iews to the lake and beyond are the
focal points for the eastern half (see Figure 9, Community Structure)
Circulation
Major roads serving the EastLake III project include Otay Lakes Road, Olympic
Parkway, Hunte Parkway and Proctor Valley Road. Wueste Road is the frontage road
running along the west side of Lower Otay Reservoir, which provides access to the OTC,
boating facilities, San Diego County Park.
Otay Lakes Road will be widened to six lanes from Hunte Parkway to the entrance of the
Vistas, and then transition fÌ'om six lanes to two lanes east of the intersection of Wueste
Road. Olympic Parkway is already constructed to four lanes from Hunte Parkway to the
OTC and it will transition to two lanes (Class III Collector) as it heads north up through
the Vistas. Hunte Parkway is already fully improved from Proctor Valley Road to
Olympic Parkway. Proctor Valley Road will be improved to four lanes from Hunte
Parkway to the eastern boundaries of the City as part of the Rolling Hills Ranch
development. No improvements are needed for Wueste Road due to the limited use of the
roadway.
Off-site road improvements needed to serve regional needs in the future will be the
construction of Olympic Parkway fÌ'om Hunte Parkway to SR 125, partially as an eight-
lane facility and partially as a six-lane facility. EastLake is obligated to start construction
on this segment early \1ext year.
The other major off site road improvement include: I) Olympic Parkway between SR-125
and Eastlake Parkway, from 6-lane to 8-lane Prime Arterial; 2) Otay Lakes Road
Between SR-125 to Eastlake Parkway, from 6-lane to 7-lane Prime Arterial.
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Meeting Date: 07/10/01
Transit
The transit plan for EastLake III consists of bus stops based on Green Car and Blue Car
service concepts created by MTDB. The Green Car represents local circulators using
mini to mid-size buses. The Green Car would act as a collector and provide feeder access
to Blue Car (metropolitan buses) and/or Red Car concepts (fixed rail). These three levels
of service are planned to work together to provide much better service within the local
area connected to the longer trips provided by metropolitan buses and fixed rail.
Parks and Open Space
The Vistas Neighborhood Park is a 13.5 gross acre site overlooking the Lower Otay
Reservoir. The idea is to reserve the best views of the water and mountains for the public
and not restrict access by placing homes on the perimeter. The spine road serving the
Vistas is a similar winding, scenic roadway with spectacular views of the Otay Reservoir,
which gradually transitions into Olympic Parkway near the OTC. The combination of a
strategically located spine road and the Vistas Neighborhood Park will take advantage of
the best views for the residents and visitors alike.
The community park will contain soccer fields, picnic pavilions; open play grounds, game
courts and other amenities. However, the City is in the process of preparing a citywide parks
master plan, which will outline more specifically the park design requirements. Since the
City-wide Parks Master Plan has not been adopted by Council, staffhas included a condition
requiring the applicant to submit a letter acknowledging that the City is in the process of
preparing a City-wide parks master plan and agreeing to comply and remain in compliance
with the provisions and requirements of this plan.
The citywide Greenbelt Trail, as shown in the Chula Vista General Plan, will be incorporated
along the eastern side of the Salt Creek open space corridor and the eastern edge of the Vistas
and Woods neighborhoods (see Section II.2.3.7, Bicycle Routes and Pedestrian Trails,
Attachment 5). As with the citywide parks master plan, the city is in the process of preparing
a citywide greenbelt trail master plan, which will outline more specifically the design,
construction and signage requirements for the greenbelt trail system. However, since the
citywide greenbelt trails Master Plan has not been adopted by Council, staff has included a
condition requiring the applicant to submit a letter acknowledging that the City is in the
process of preparing a City-wide greenbelt trails master plan and agreeing to comply and
remain in compliance with the provisions and requirements of this plan.
Community Purpose Facility Master Plan
The Chula Vista Municipal Code, Section 19.48.025, requires that all planned communities
in the PC Zone provide a minimum of 1.39 acres of community purpose facilities (CPF)
designated land per 1,000 populations. The acreage is to be designated and reserved for CPF
specific land uses, including: Boy Scouts, Girl Scouts and similar organizations, senior care
and recreation facilities, religious institutions, private schools, for-profit and non-profit day-
care facilities and other accessory uses to conditional permitted uses.
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Page 17, Item No.:
Meeting Date: 07/10/01
Little League ball fields for non-profit organization could also be incorporated as conditional
permitted uses, provided CPF master plan is adopted to distribute CPF sites throughout the
GDP/ SPA area, and ensure that the ball fields do not constitute more than 25% of the total
CPF acreage requirement within the designated master plan area.
In 1998, The City Council approved a CPF Master Plan for the remaining buildable areas of
EastLake, which consists ofthe Trails SPA, The Land Swap parcels in the Greens SPA and
The EastLake III SPA. The Master Plan includes 6,647 dwelling units and designates four
parcels with a combined acreage of 31.1 as CPF sites.
In February ofthis year, the Cjty Council approved a Zoning Text Arnendmentto change the
allowable CPF acreage that can be used for recreational ball fields fÌ'om 25% to 35%, and
add for-profit day care as a conditional use in the CPF land use district. Thus, the adopted
CPF Master Plan is proposed to be amended to incorporate the recently approved changes to
the CPF Ordinance, adjust the CPF acreage requirement based on the increase in number of
dwelling units, add for-profit and non-profit day-care facilities to the list of conditional
permitted uses, and identify a 10.8 acre CPF site on the south side of Olympic Parkway next
to the OTC. (see Attachment 5, Eastlake III General Development Plan Section 1.1.11.3)
The following table illustrates the total number of permitted units for each component of the
CPF Master Plan, the CPF acreage distribution and the total CPF acreage requirement.
Community Purpose Facilities Master Plan
Acres Required
SITE 1 SITE 2 SITE 3 & 4
EastLake 11 EastLake 11 EastLake III Total
Greens SPA' Trails SPA SPA - proposed
Dwelling Units 3,443 1,143 2,06\ 6,647
cpr acldu 0.004003 0.004003 0.004003
Total cpr acres required \3.8 4.6 8.3 26.7
Total cpr acres provided \5.8 (+2 ac) 4.6 10.8 (+2.5) 31.1 (+4.4 ac)
. Includes Land Swap Parcels
The EastLake II General Development Plan is proposed to be amended to reflect adjustment
in CPF Master Planned amendments.
Comprehensive Affordable Housing Program
The EastLake Comprehensive Affordable Housing Program for the remaining buildable
areas of the EastLake Planned Community was adopted by the City Council in 1998. The
Program includes 3,954 dwelling units distributed in three separate SPAs: Eastlake III
(Woods and Vistas), EastLake Trails and EastLake Greens ("Land Swap" parcels). Based on
the housing program maximum number of dwelling units, the applicant is required to provide
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Page 18, Item No.:
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396 affordable housing units (10% of the total), five percent (198) Low and 5% (198) for
Moderate-income households. The construction of affordable housing units is described in
detail in the Implementation Section of the proposed Eastlake Affordable Housing Program
(see Attachment 5, Comprehensive Affordable Housing).
The Moderate-income housing requirement is typically satisfied with market rate units and
therefore no specific site is required. However, the low income housing units, which can be
rental or for sale units, need a specific site. In the original Affordable Housing Program the
low income housing units were proposed to be built in the Vistas, Woods and the "Land
Swap" residential parcel. The Applicant is proposing to change the Woods Site for a similar
site in the Trails. The applicant is also proposing to change the delivery of affordable housing
units to fit the overall EastLake III development-phasing plan. The proposed affordable
housing phasing is described in more detail in Section 7.6.4.10fthe EastLake Affordable
Housing Program, Attachment 5. In order to guarantee the provision of affordable housing,
the City requires that an affordable housing agreement be prepared and signed by the
developer prior to or concurrent with approval of the first final map. This requirement has
been incorporated in the SPA conditions of approval.
The new sites selected for Low Income housing are illustrated in Figure 8A, Adopted and
8B, Proposed and more specifically described as follows:
Site 1 (previously adopted) - this site is located within the Vistas neighborhood, south
of Olympic Parkway in close proximity to the Olympic Training Center. The site is
designated High Residential (18-27 du/ac).
Site 2 (new site) - this site is located on the north side of Club House Drive between
Hunte Parkway and the Salt Creek open space corridor. The site is currently designated
Medium Residential (6-11 du/ac) and has been targeted for 90 multifamily dwelling
units.
Site 3 (previously adopted) - this site is located in the "Land Swap" area (Parcel R-9)
which is designated Medium High Residential (11-18 du/ac). The low-income units
will be integrated into the overall development of Parcel R -9 with the other market rate
units.
With the adoption ofthe above-mentioned Comprehensive Affordable Housing Program, the
project will comply with the General Plan Housing Element requirement to provide 10
percent of the total number of dwelling units. Section II.6 ofthe EAstLake III SPA provides
a detailed description of the Low and Moderate income housing requirement, the proposed
implementation phasing and potential financing mechanisms.
II
Page 19, Item No.:
Meeting Date: 07/10/01
Public Facilities Finance Plan
Potable and Recycled Water:
EastLake III Planned community is located within the boundaries of central service area
of the Otay Water District (OWD), which is responsible for providing water service in the
eastern area of the City of Chula Vista. As part of the project, the applicant prepared a
Sub-area Water Master Plan to determine the expected water consumption and the
necessary infrastructure to deliver water service to future residents of EastLake III .
The Water Sub-area Master Plan estimates that potable water demand for EastLake III
SPA is approximately 917,000 gallons of potable water per average day, and 195,000
gallons of recycled water per average day for irrigation of common landscaped open
space areas. The slope banks draining towards the Lower and Upper Otay Reservoir are
planned to be irrigated with potable water to avoid potential contamination of the water
reservoir. The average daily water demand for this slope bank areas has been included in
the above potable water demand figure.
The OWD has indicated that, based on the Water Sub-area Master plan prepared for the
project, sufficient potable and recycled water supplies are planned to be available as
demand is generated by the project. However, to insure that the proposed development
will have water service available to serve future residents, a condition requiring formal
approval of the EastLake III Water Sub-area Master Plan and a "will serve" letter by the
Water District, prior to issuance of the first building permit for the initial phase of the
project has been included in the Draft City Council Resolution. (see Section II.2.7.2 to .4
in the EastLake III SPA, Attachment 5).
Sewer:
Sewer service for the EastLake III SPA is provided by the City of Chula Vista within the
Salt Creek sewer basin. The sewer trunk within this basin is presently being planned and
is expected to be completed and available for service some time in 2003. Development of
EastLake III is expected to commence in 2002, and dwelling units occupied later the
same year. The sewer study prepared for the project estimated that the project will
generate approximately 661,591 gallons of wastewater per day. Because the Salt Creek
sewer trunk will not be available when the first dwelling units in EastLake III are
occupied, interim sewer pumping of project flows to sewer facilities in Telegraph Canyon
and/or Poggi Canyon basins were analyzed as part of a sewer study for the project.
The sewer study analyzes development of the project through 2005, and assumes that
Phase I, which is expected to commence in 2002 and completed in 2003, will release 800
single family dwelling units, as well as the elementary and middle school sites (see
Section II.2.7.5 if the EastLake III SPA). To serve new residents and community
facilities, the sewer study offered several interim sewer-pumping alternatives. These
improvements are more specifically described in Section IL2.7.5 of the EastLake III
Sectional Planning area SPA plan and Section 4.4.8 of the Public Facilities Finance Plan.
/) Cj
Page 20, Item No.:
Meeting Date: 07/10/01
The City Engineer will determine which alternative (Poggi Canyon or Telegraph Canyon)
is more appropriate at the time EastLake formally request interim sewer service.
Drainage:
Since EastLake III is positioned on a humpbacked ridge between Salt Creek and Otay
Reservoir. Diversion of drainage run-off to the Salt Creek drainage basin is proposed to
avoid urban run-off onto the Upper and Lower Otay Lakes reservoirs. In recent years, the
San Diego Regional Water Quality Control Board has enacted tough measures to reduce
pollutants from being discharged into water bodies from point and non-point discharges.
EastLake III will be required to obtain State and Federal permits and observe the NPDES
General Construction Activity Storm Water Permit and the Clean Water Act 401 Water
Quality Certification requirements.
The EastLake III project will divert drainage runoff approximately 243 acres to the Salt
Creek basin. This diversion will be accomplished by grading the property so that it
drains toward Salt Creek and by pumping run-offfrom the Otay Reservoir area to the Salt
Creek basin in areas that cannot be diverted by grading. An agreement between EastLake
and the City of San Diego will be negotiated to compensate for the loss of water being
diverted from the Otay Reservoir.
In addition, the detention basins in the Woods and the Trails along Salt Creek will limit
the 1 DO-year flood discharge to less than pre-development levels to protect downstream
habitats fÌ'om flooding and contamination.
Transportation:
The traffic study shows that the future development of the Eastern Territories is highly
dependent on securing the completion of SR -125. The capacity of the current and
planned road system as measured from January 1,2000 is estimated to be 9,429 dwelling
units. The capacity is expected to be reached in 2003 unless SR-125 is open or additional
capacity is built on the local road system.
Although SR -125 has received most of the required approvals to start construction, there
is no certainty as to the completion of construction. It is estimated that if construction
starts this year, SR-125 might be open in 2004. If current building trends continue strong
for the next couple of years, the available capacity of the local roads could be exceeded
before the opening of SR-125. Under this scenario, the EastLake III project will subject to
the available cumulative capacity of9,429 building permit ifSR 125 is not built or
additional local road capacity is not constructed. This limit is necessary to prevent the
traffic threshold standard from being violated on the east west arterials providing service
to the Eastern Territories.
Schools:
The EastLake III SPA is located within the Sweetwater Union High School and the Chula
Vista Elementary School Districts. The project is expected to generate 618 elementary
/1-
Page 21, Item No.:
Meeting Date: 07/10/01
school students, which is approximately the equivalent to an elementary school, and 206
middle school students.
The SPA plan provides a l4.3-acre elementary school site at the southwest corner of the
Woods neighborhood and a middle school to the north, adjacent to the Salt Creek Planned
Community. Two high schools serve the area: EastLake and Bonita High Schools. The
two school districts have indicated that the construction of these two schools in the
Woods and the existing high schools in the vicinity will have sufficient capacity to
accommodate the anticipated number of students generated by the project.
However, the existing schootfees do not produce adequate revenues to build new
schools, so both school districts will use the Mello-Roos District to finance schools.
Construction of the two planned school facilities as determined by the corresponding
school district, based on their school construction-phasing schedule.
Libraries:
A new Library Master Plan Update was adopted by City Council in December 1998. The
plan addresses library sitting, phasing, impacts of new technology on library usage, floor
space needs and other design and development criteria. The Master Plan calls for the
construction of a full service regional library of approximately 30,000 sq. ft. in Rancho
del Rey by the year 2005. With the construction of this facility, the 10,000 square foot
EastLake library would most likely be closed. EastLake III does not include library
facilities. Instead, the applicant would be required to pay Public Facilities DIF for library
facilities.
Fire and Emergency Medical Service Facilities:
There are two fire facilities currently serving the EastLake community - Fire Station
No.4, located at 861 Otay Lakes Road and Interim Fire Station No.6, located at 975 Lane
Avenue. In the future, Fire Station No.4 will be relocated to 850 Paseo Ranchero, and
Interim Fire Station No.6 will be relocated to Rolling Hills Ranch. A new permanent fire
station (No. 6A) will be built north of Otay Lakes Road within the Woods neighborhood.
The project will be required to pay DIF fees in effect at the time of development.
Police Facilities:
Police facilities are provided from the Chula Vista Police Department located at City Hall.
Based on statistical standards, the additional population will require an additiona12.8 officers
(1.38 officersll ,000 citizens) plus 3.5 support staff to maintain current levels of service.
Provision of police facilities and services will be paid for by Development Impact Fees.
Public Facilities Finance:
The public facilities needed to serve the project will be paid for by the developer through
subdivision exactions, Development Impact Fees, Assessment Districts or Mello Roos.
II
Page 22, Item No.:
Meeting Date: 07/10/01
4. SPA Implementation
Air Quality
On November 14, 2000, the City Council adopted the Carbon Dioxide (CO2) Reduction
Plan, which included implementation measures regarding transportation, energy efficient
land use planning, and building construction measures for new development. It was
recognized that the City's effort to reduce carbon dioxide emissions fÌ'om new developments
is directly related to energy conservation and air quality. As a result, the City is initiating a
pilot study in order to develop specific guidelines for the preparation of Air Quality
Improvement plans. The pilot study involves the development of a computer model to
evaluate the relative effectiveness of applying various site design and energy conservation
features in new developments. The pilot study will analyze and produce the corresponding
Air Quality Improvement plan for the EastLake III SPA project. The attached City Council
resolution contains a condition requiring the applicant to process an amendment to the SPA,
incorporating the Air Quality Improvement Plan produced by the pilot study prior to, or
concurrent with the project's Master Tentative Map.
Water Conservation Plan
The City is in the process of developing guidelines for the preparation and implementation of
Water Conservation plans. This effort involves a pilot study to evaluate the relative
effectiveness associated with the implementation of additional water conservation measures,
beyond those currently mandated in EastLake III. The evaluation will encompass additional
technical water saving devices, as well as expanded use of recycled water, and possibly gray
water. The pilot study will provide information to be used in finalizing a Water Conservation
Plan for EastLake III Project. The attached draft of the City Council Resolution contains a
condition requiring the applicant to file an amendment to the SPA plan, incorporating the
Water Conservation plan produced by the pilot study prior to or concurrent with the project's
Master Tentative Map.
Planned Community District Regulations
The EastLake III Planned Community District Regulations function as zoning regulations.
The PC District Regulations provide standards and regulations to guide the development of
both projects. These regulations are applied in conjunction with the EastLake III Design
Guidelines (see Attachment 5, Planned Community District Regulation).
The Planned Community District Regulations contain a Building and Siting Plan (BSP)
outlining the unique yard requirements and allowable building envelopes for lots within the
RL-l land use district ("Luxury Homes"). These yard requirements are illustrated more
specifically in Exhibit PC-2a through 21 of the Planned community District Regulations. The
Exhibits were prepared using a conceptual tentative subdivision map and therefore the
specific lot dimensions are not shown. Staff has included a condition requiring the applicant
to revise the exhibits by adding the lot dimensions as approved in the tentative map.
II
Page 23, Item No.:
Meeting Date: 07/10/01
Design Guidelines
The EastLake III Design Guidelines represent a significant advancement in tailoring the
design of homes and businesses to meet a high standard of design for the project. The
purpose of the guidelines is to guide the design of site plans, architecture, and landscape
architecture within the project area.
The residential design guidelines for the Vistas and Woods West were prepared utilizing
the Greens and the Trails developments as a base. Special attention was devoted to
enhancement of side and rear house elevations exposed to public view. Enhancement
techniques for elevations include different roof planes intersecting at right angles, single
story element for part of the house, and offset planes of at least 18 inches on the rear
elevation. Enhancement techniques for rear elevations include balconies, window pop-
outs, recessed windows, enhanced window surrounds, window shutters, cornices at rear
eaves and other criteria. Silhouetted ridgeline housing will require special attention such
as designing homes with different roof forms, using single story homes interspersed and
other techniques to avoid ridgeline monotony.
A special section in the Design Guidelines is devoted to EastLake Woods East. This is
the luxury home neighborhood consisting of lots over 1 acre. The palette of architectural
styles proposed for Woods East has a historic background and precedence in the San
Diego area. The styles include American Colonial, Cape Cod, Craftsman, Monterey,
European Cottage, European Estate, Italianate, Spanish Revival, Southwest Adobe
Contemporary, Spanish Eclectic, Mission Italianate, and Gill Inspired. Principle design
criteria features include single story elements, recessed front second story, rear
articulation, porches, roof forms, wrapping trim, garage treatments, variable garage
setbacks, and plotting and massing criteria for each parcel in Woods East. Each parcel is
allocated permitted architectural styles that will add character and a higher degree of
value to the community.
The multi-family, retail and tourist commercial parcels in the Vistas will be guided by the
Design Guidelines criteria for site planning, architecture, building material and colors and
special conditions.
The Planned Community District Regulations contain detailed requirements for Zoning
Administrator Site Plan and Architectural Review and for Design Committee Review of
the buildings and other improvements together with required findings that the project is
consistent with the EastLake III Design Guidelines. This new requirement will ensure
that all of EastLake III is built in accordance with the principles and other criteria
contained in the Design Guidelines (see Attachment 5, Design Guidelines).
Community Fencing:
One of the most dominant visual elements of a planned community is its fencing. The
EastLake III fencing plan outlines several types of fences to serve a particular purpose,
sound attenuation, privacy, view screening, etc. Exhibit 17 in the Design Guidelines
outlines more specifically the fencing type that will be used along visually sensitive edges
II :3
Page 24, Item No.:
Meeting Date: 07/10/01
of the project. Staff endorses the overall fencing program, but recommends that
decorative fencing be also included along the edges of the school site exposed to public
view. Staff also recommends that the elementary school walls along Hunte Parkway and
Otay Lakes Road be within an open space lot and maintained by the Home Owners
Association.
5. SPA Plan Consistency with the General Development Plan
Within both, the EastLake Woods and Vistas neighborhoods, the proposed land uses and
development intensities directly implement the provisions of the General Development
Plan as amended. All designaJed public facilities are located within the areas designated
by the General Development Plan, and the permitted density and land use intensities are
those prescribed therein.
With the adoption of the proposed General Development Plan amendments for EastLake
III, the EastLake III SPA will be consistent with the amended EastLake III General
Development Plan and therefore consistent with the General Plan.
6. Growth Management Ordinance Evaluation
Standards adopted by City Policy require that the project be analyzed to determine whether
the approval of the project, as conditioned, will have an adverse impact on the adopted
threshold standards. A review of the SEIR, PFFP and other supporting SPA documents
provide evidencè that the project is consistent with the adopted threshold standards of the
City. An analysis ofthresholds is contained in the environmental document SEIR- 97-04 and
Public Facilities Finance Plan (see Attachment 5)
CONCLUSION
For the reasons stated above, as well as the recommendations of special districts and other
govemmental agencies, staff has concluded that the EastLake Replanning Program, described and
evaluated in this report, reflects sound planning principles and is consistent with adopted plans and
ordinances ofthe City of Chula Vista.
FISCAL IMPACT
The Fiscal impact analysis prepared for EastLake III concludes that the fiscal revenues range
from $319,000 in the first year of development to $3,939,800 at build-out. Fiscal expenditures
range from $242,400 in year one to 2,079,900 at build-out. Thus, the net fiscal impact from the
EastLake III project is positive in the first year (+$36,500) and remains positive through project
build-out ($1,859,900). The EastLake III project is expected to generate higher than average per
unit property sales tax. Other revenues are expected to be at or above City averages. The large
positive impact is due to the TOT collected by the tourist commercial center and the retail sector.
Page 25, Item No.:
Meeting Date: 07/10/01
The applicant has paid for all cost associated with the processing of the EastLake III Replanning
Project and will be responsible for paying corresponding Development Impact fees and other
applicable development and processing fees, as they may be amended fÌ'om time-to-time.
Attachments
1 Planning Commission Resolution
2. Figures
3. EastLake Comprehensive Affordable Housing Program
4. Community Purpose Facilities Master Plan
5. EastLake III Binder
6. Disclosure Statement
J:lhomelplanninglluislmy briefcasel PCM 01 26CCAgenda Statement July 10,2001 3.doc)
ì
/
-
PROJECT
LOCATION
OTAY RANCH
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR ~~~, The Eastlake Company PROJEcr OESCRIPTION'
C9 AMENDMENT TO GENERAL DEVELOPMENT PLAN
PROJECT EasUake III
AOORESS, Request To amend the General Development Plan,
adopt a Sectional Planning Area Plan for !he Woods, VIstas,
SCAΠI FilE NUMBER and process a Tentative Subdivision Map for the Woods & Vistas.
NORTH No Scale GDP-O1-O1
/ ( - ;;fÞ
Attachment I
Planning Commission Resolution
/1 27
RESOLUTION NO. GPA-OI-07/PCM-01-26/PCM-00-19
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMEDING THAT THE CITY COUNCIL APPROVE AMENDMENTS TO THE
CHULA VISTA GENERAL PLAN, EASTLAKE II AND III GENERAL
DEVELOPMENT PLANS, EASTLAKE GREENS AND TRAILS SECTIONAL
PLANNING AREA (SPA) PLANS. ALSO, ADOPTING A NEW SECTIONAL
PLANNING AREA (SPA) PLAN AND ASSOCIATED REGULATORY DOCUMENTS
FOR 748 ACRES KNOWN AS EASTLAKE III AND LOCATED EAST OF THE
EASTLAKE BUSINESS CENTER AND SALT CREEK OPEN SPACE CORRIDOR
BETWEEN THE FUTURE ALIGNMENT OF PROCTOR V ALLEY ROAD AND THE
SOUTHERN END OF WUESTE ROAD.
WHEREAS, duly verified applications were filed with the City of Chula Vista
Plarnùng Department on January 13, 2000 by The Eastlake Company (Developer)
requesting amendments to the City of Chula Vista General Plan, Eastlake II and III General
Development Plan (GDP) and Eastlake Greens and Trails Sectional Planning Area (SPA)
Plans. The applications also requested approval of a new Sectional Planning Area (SPA)
plan with Planned Community District Regulation, Design Guidelines, Public Facilities
Financing Plan, and a Comprehensive Affordable Housing Program for 748 acres known as
the Eastlake III ("Project"); and,
WHEREAS, the areas of land, which are the subject of this Resolution, are
commonly known as Eastlake III, EastLake Trails and portion of the EastLake Greens,
known as the southern "Land Swap" parcel. These sites consist of: a) 1030 acres east of the
EastLake Business Center and Salt Creek open space corridor between the future alignment
of Proctor Valley Road and the southern end of Wueste Road (EastLake III); b) 322 acres
east of Hunte Parkway between Otay Lakes Road and Olympic Parkway (EastLake Trails);
and c) 88 acres north of Olympic Parkway, east and west of EastLake Parkway (Southern
"Land Swap" parcel; and,
WHEREAS, the amendments to the Eastlake II General Development Plan,
EastLake Greens and EastLake Trails Sectional Planning Area (SPA) plans and
associated regulatory documents consist of modifYing the adopted EastLake
Comprehensive Affordable Housing Program to relocate a designated affordable housing
site, presently at the northwest comer of Otay Lakes Road and Hunte Parkway within the
Woods neighborhood to a multifamily site north of Clubhouse Drive, east of Hunte
Parkway within the EastLake Trails neighborhood. Also, change the Affordable Housing
Program statistics and number of affordable units required for the project to reflect the
additional dwelling units in the EastLake III GDP and SPA; and,
WHEREAS, the amendments to the Eastlake II General Development Plan,
EastLake Greens and EastLake Trails Sectional Planning Area (SPA) plans and
1
/
associated regulatory documents also include an amendment to the EastLake Community
Purpose Facilities Master Plan to increase in the allowed CPF acreage that may be
utilized for ball fields fÌ'om 25% to 35% of the total CPF acreage required for the CPF
Master Plan area, and the inclusion of for profit and non-profit day-care facilities as a
conditional use in the CPF land Use district.
WHEREAS, the amendments to the Eastlake III General Development Plan for the
Woods (northern 410 acres) consist of: 1) relocating the westerly 88 acres, designated
Research and Limited Manufacturing to EastLake II GDP and EstLake I SPA, and as a
result the GDP overall acreage is reduced fÌ'om 1030 to 942; 2) re-arrange the elementary
and middle school sites; 3) remove the Park land use designation; 4) establish a new Public
Quasi-public land use designation for a future fire station; and 5) change the internal
circulation fÌ'om a loop road to a north-south spine road; and,
WHEREAS, The General Development Plan amendments for the Vistas (285
south of Otay Lakes Road) consists of: 1) changing the western half of this neighborhood
from Low Density Residential to Low Medium; 2) re-arrange the Medium and Medium
High density residential and establish a 12-acre retail commercial land use designation
north of Olympic Parkway; 3) change the southern half of the Open Space land use
designation along the eastern edge of the Vistas Neighborhood to Park; 3) change the
internal loop-road to a single north south spine road; 4)remove the Medium High Density
Residential, Professional and Administrative Commercial and Retail Commercial floating
land use designations, and establish a new Public Quasi-public and High Density
Residential land use districts; 5) remove the Visitor Commercial and Open Space
floating land use designation and establish a Tourist Commercial land use designation on
that site; and,
WHEREAS, as a result of the General Development Plan amendments described
above, increase the number of permitted units fÌ'om 1767 to 2061 (+294), and the overall
density from 3.9 to 4.4 dwelling units per acre; and,
WHEREAS, The requested amendments to the General Plan Land Use Diagram
are to reflect the proposed General Development Plan amendments for the Woods and
Vistas as described above, and change the land use designation of an elongated shaped
parcel, south of the Olympic Training Center from Park and Recreation to Public Quasi-
public; and,
WHEREAS, The Changes to the Circulation Element of the General Plan consist
of changing the Roadway classification of: 1) Olympic Parkway between SR-125 and
Eastlake Parkway fÌ'om 6-lane to 8-lane Prime Arterial; 2) Otay Lakes Road between SR-
125 to Eastlake Parkway from 6-lane to 7-lane Prime Arterial; and Vistas internal
roadway from Olympic Parkway to Otay Lakes Road from Class I and II collector to
Class III collector; and,
2
/1-29
WHEREAS, The City Council of the City of Chula Vista has previously reviewed,
analyzed, considered, approved and certified FSEIR-OI-0l, and Addendum; and,
WHEREAS, the Resource Conservation Commission reviewed the Environmental
Impact Report (EIR-OI-0l) for the project on June 18, 2001 and recommended the
certification of the EIR; and,
WHEREAS, the Planning Commission, having received certain evidence on June
27, 2001, as set forth in record of it proceedings herein by reference as is set forth in full,
made certain findings as set forth in their recommending Resolution No. GPA-OI-07, PCM-
01-26, PCM-00-19 herein and recommended to the City Council the approval of the
applications based on certain terms and conditions; and,
WHEREAS, the Planning Director set the time and place for a hearing on said
Project, and notice of said hearing, together with its purpose was given by its publication in
a newspaper of general circulation in the City, mailing to property owners within 500 ft. of
the exterior boundaries of the property at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place advertised, namely June 27, 2001 at
7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
DOES hereby recommend that the City Council adopt the attached Draft City Council
Resolution and Ordinance, approving the Project in accordance with the findings and
subject to the conditions contained therein.
BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the City
Council.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION voted 7-0 to
recommend approval of the Project.
A YES: Robert Thomas, Chair, Kevin O'Neill, Steve Castaneda, Ross Hall, Marco Cortez,
John Willett, John McCann
NOES: None
ABSENT: None
ABSTAINED: None
ABSTAINED: None
3
/1
Robert Thomas
Chairperson
Diana Vargas, Secretary
.
4
Attachment 2
Figures
11-3
(ADOPTED)
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RESIDENTIAL
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li:j Medium (6-11 dulae)
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SuMotal Residential 2061
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p Pan< 15.2
PQ PubliclQuasi-Publ;c 2450
OS Open Space 137.8
I C¡'culation ~
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(I.J: U"""yioglow De",'y .'em".e"'nd U'e.
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Ai E"ASTLA KE III Clnh land Planning
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Figure 7
Adopted
Low Income Housing Sites
0 EastLake Vistas Site
@ EastLake Woods Site
@) EastLake Land Swap Site
0 EastLake Greens Site
Moderate Income Housing Sites
Dispersed without assignment in
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A Pl.ANNED COMMUNITY BY EN.1VJŒ œvElJJf'MNT CO Date, 6/8/'.
11/24/98 Page 16 of 24 I FIGURE 8A
\
Low Income Housing Sites SPA Key Map
0 EastLake Vistas Site '"
f) EastLake Trails Site
e EastLake Land SWap Site
0 EastLake Greens Site
Moderate Income Housing Sites
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~ fASTLA KE Cinti Land Planning
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A planned community by The EastLake Co.
FIGURE 8B
INTRODUCTION
\\"""ds
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.- A planned community by The EastLake Company ï\Jï ~ ....j
Figure 9
(04/20/01)
11.2.1-8
II
Attachment 3
EastLake Affordable Housing Program
SECTION 11.6
EASTLAKE COMPREHENSIVE AFFORDABLE
HOUSING PROGRAM
A COMPREHENSIVE PLAN
FOR
THE PROVISION OF
AFFORDABLE HOUSING
EASTLAKE TRAILS,
WOODS, VISTAS
AND
"LAND SWAP" PARCELS
Approved by the Chula Vista City Council
Resolution No. 19275
November 24,1998
Revised bv
Bud Grav & Associates
2452 AITOwhead CoUl1
Chula Vista. CA 91915
Contact: Bud Gray
(619) 656-6323
(June 20. 2001)
CIM, !)o'om"IEASTLA1Œ\AHP """oJ" III.R,""".-
/I
TABLE OF CONTENTS
II.6.1. INTRODUCTION...............................................................................................................1
II.6.2. DEFINITIONS ....................................................................................................................2
II.6.3. CITY OF CHUL:\ VIST,'\ INCLUSIONf.RY HOUSING NEEDS ASSESSMENT ........3 I
II.6.4 EASTLAKE AFFORDABLE HOUSING PROGRAM...................................................... 4
II.6.4.1. LOW INCOME HOUSING.......................................................................... 4
Requirements................................................................................................. 4
Site Selection Criteria....................................................................................5
~~~:~i~'b'~'B~;¡;'~~~'¿~~;':::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ I
Low Income Housing Sites ........................................................................... 5
Phasing ..........................................................................................................6
Implementation Schedule..............................................................................7
II.6.4.2 MODERATE INCOME HOUSING ........................................................... 9
Moderate Income Housing Requirements ...................................................... 9
Moderate Income Housing Sites .................................................................. 10
Phasing .......................................................................................................10
Implementation Schedule.............................................................................11
II.6.4.3 AFFORDABLE HOUSING RESTRICTIONS """"""""""""""""""""'" 9
Income EJigibilitv ..................................".......................................................9
Affordable Monthlv ..Rents.......................................................................... 10
Affordable Housing: Costs for Owner Occupied Housing............................ 10
Underwliting Requirements ........................................................................... 9
Resale Provisions of Owner Occupied Housing .......................................... 10
Household Size Appropriate for Unit ......................................................... 10
Term of Affordabilitv Restrictions............................................................... 11
II.6.4.3:! SUBSIDIES,INCENTIVES AND FINANCING MECHANISMS ............ 15 I
II.6.4.42 COMPLIANCE REPORTING ...................................................................16 I
Rental Units' Compliance Packet and Audit................................................16
Home Ownership Units' Compliance Packet...............................................18
C,,",y Doc=""IEASTLAJŒWIP E~""'" I11R",~d.doc
/! -47
II.6.4.~ AFFIRMATIVE MARKETING PLAN .....................................................19 I
II.6.4.7 IMPLEMENTING AGREEMENTS AND CONDmONS """""""""""'" 19
II.6.5 EXHIBITS ......................................................................................."""""" 20
Exhibit 1 Low and Moderate Income Sites """"""""""""""""""""""""" 20
Exhibit 2 Maximum Income & Housing: Expense """"""""""""""""""'" 20
~Exhibit 3 Supplemental Rental Application """"""""""""""""" 21
~Exhibit 4 Semi-annual Report ....................................................... 23
Exhibit 5 Annual Moderate Income Affordable Housing Report ................ 20
~Exhibit 6 Homebuyer's Qualifying Form...................................... 26
~Exhibit 7 Affirmative Marketing Plan........................................... 27
11.6.1 INTRODUCTION
The City of Chula Vista ("City"), along with all other cities in Califomia, is required by state
law to have a Housing Element as a component of its General Plan. The Housing Element
describes the housing needs of the community and the responses necessary to fulfill them.
The City of Chula Vista Housing Element of 1991 contains numerous objectives, policies
and related action programs to accomplish these objectives. Key among these policies is the
affordable housing policy which requires that residential development with fifty (50) or more
dwelling units provide a minimum of 10% of the total dwelling units for low and moderate
income households, one-half of these units (5% of the total project) being designated to low
income and the remaining five percent (5%) to moderate income households.
In order to guarantee the provision of Affordable Housing opportunities, the City requires
that a specific Affordable Housing Program ("AHP") and agreement be consistent with the
Housing Element of the Chula Vista General Plan and be prepared and signed by the
Developer. This Affordable Housing Program is intended to delineate how, when and where
the units would be provided, intended subsidies, income rent restrictions and methods to
verify compliance. The program may be implemented through various mechanisms
including development agreements, tentative map conditions, and specific housing project
agreements which may impose additional terms and conditions consistent herewith.
The EastLake Comprehensive Affordable Housing Program, as used herein, applies to the
following future neighborhoods identified in the EastLake II & EastLake ill General
Development Plans.
. EastLake Trails (EastLake II GDP)
. EastLake Vistas (EastLake ill GDP)
. EastLake Woods (EastLake ill GDP)
. EastLake Land Swap Parcels (EastLake II GDP)
The EastLake Comprehensive Affordable Housing Program is consistent with the City's
affordable housing policies and is expected to be completed in three phases. Construction of
6+-30 low income and 6+-30 moderate income housing units in the Initial Phase is scheduled I
to begin before the issuance of the ~1.001" building permit. The second phase is
scheduled to start before the issuance of the 2401st building permit. The third phase is
scheduled to start before the issuance of the 3,201st building permit (see the section entitled
"Implementation Schedule" in this program). EastLake II & ill are planned to include a total
of ~3.954 3,954 housing units. I
The low income housing units (~l2ID shall be located at three sites in the different I
neighborhoods as shown on Exhibit 1, Low Income Housing Sites. The moderate income
housing units (~l2ID are expected to be distributed throughout the project in Residential- I
Medium Density, Residential.: Medium-High Density, and Residential - High Density.
/
11.6.2 DEFINITIONS
Affirmative Marketing Plan:
An outline that details actions the developer will take to provide information and otherwise
attract eligible persons in the housing market area to the available housing without regard to
race, sex, sexual orientation, marital status, familiar status, color, religion, national origin,
ancestry, handicap, age, or any other category which may be defined by law now or in the
future.
-'\ffordable ReHtal Rate:
The refit to be eharßges to a low income hseHeheJds hsall Hot exceed the Fair market Refits
("FMR's") set by HUD eflllf\ aImlJa! basis based OA the AHmber ofbedreems v:ithiA the HAil.
It iAcJudes sheher FeHt and the eest of utilities, eJ\eept telephoHes. CUlTeHtly, HUD sets the
B.fR's at tl1e 10'" pereeHtile distrìln,¡tiefl of staHdard qlJality reAtal RolJsiHg uAits. The 10'"
pereeHtile rent is dra',yH from the distJibHtioA ef rents of uHits which aæ occupied by receflt
movers (reHter households who moved jAtO tHeir uHits withiA the past 15 moAths). Usage of
FMR's assures each household pays equal proportioAate share of refit. There are Ae
minimum refit reqHiremeAts. The FY 1998 B.1R's are as follows:
Metropolitan Bl'F' -l--M ~ J.--l3è 4-M
Statistical ,'\æa ~ ~ $-69+ $--9é9 ~
Safl Diego, Ct,
Low Income Household:
A household of persons who claim primary residency at the same unit with combined
incomes that do not exceed 80% of the Area Median Income for the San Diego area (adjusted
annually) based on household size.. as established bv and amended from time to time
pursuant to Section 8 of the United States Housing Act of 1937 and as also published in the
California Administrative Code. See Exhibit" " for the annual income limits as
published bv the United States Department of Housing and Urban Development (HUD).
Household size is calculated by the number of persons residing at the same unit as their
primary residency. For the purpose of calclllatiAg iHcome, the gllideliAes coAtaiAed iA HUD I
regHlatioA 21CFR 813.106, as the)' may be ameAded from time to time, shall be used.
Moderate Income Household:
A household of persons who claim primary residency at the same unit with combined
incomes between 80% to 120% of the Area Median Income for the San Diego area (adjusted
annually) based on household size., as established bv and amended from time to time I
pursuant to Section 8 of the United States Housing Act of 1937 and as also published in the
/ -
California Administrative Code. See Exhibit" " for the annual income Jimits as I
published by the United States Department of Housing and Urban Development (HUÐ).
Household size is calculated by the number of persons residing at the same unit as their
primary residency. For the IJHffJose ef ealculating ineeme, the g.¡¡idelines centained in HUD I
regHlation 21CFR 813.1013, as they may be amended [rem time to time, shall be used.
QHa-lified Term:
THe length of time tHe rentaJ unit must remain affordable to low ineome hoHsehelds. mIRe
event De'/eloper obtains subsidi¡wd financing, the Qualified Term shall be dictated by the
seleeted funding SOHr-ee. If tile seleeted funding has ne qualified term, it sllall be fifty five
(55) years. m the e'/ent that no subsidized financing is ebtained, the QHalified Term sllall be
twenty (20) years frem the date eftHe eempletion of the final inspeetien fer each structure.
San Diego Area Median Income:
The San Diego County area median income level as determined from time to time by the
Department of Housing and Urban Development, United States Government, based on
household size.
Subsidized Financing:
Any financing provided by any public agency specifically for the development and
construction of low or moderate income housing units~. including but not límited to the
following:
. Low Income Housing Tax Credits (LIHTC) - statewide competition;
. Housing Bonds - State;
. Housing Bonds - City;
. Redevelopment Low and Moderate-income Housing fund - Redevelopment Agencv;
. HOME - City and County;
. CDBG - City; and,
. Other Public Financing - State and Federal
11.6.3. CITY OF CHUU. VISTA INCLUSIONf.RY HOUSINC NEEDS ASSESSMENT I
/\s the State Regional Needs .^.ssessment indicates, housing fer large families is tile single I
greatest need in om cemmHnit). ,A. recent survey efChHla Vista shoy, ed that v. ¡thin a three
mile FadiHs ef Coroo\'a iR RanOHO €leI Rej', (aR affor-dable HellsiRg EIe\'elepmeRt eR tHe east
side ofCHHla Vista) tHere are 1,331 market rate reRtals efwHich 110 are tHree beElroemG aRd
zero are foil " beEirooms. Only 8.2% eftHe market rate T-entals are three beElr-e8ms. GiYea that
H% of tHe Households in CHHJa Vista (accor-diRg to tHe 1990 CeReus) ar-e large families (of
five or mere peraoRs), and assHming tHe desire for eC¡HaJ EIishitmtioa ef these families
tHr-oHgl¡oHt tHe City, tHe pri'/ate market is Ret prodHoiRg adequate Hollsing fer large families
(tHree or more bedreom IInits) 8R the east side. Tlms, shm¡ld tHe City efChlila Vista ÐHeose
to partioipate iR financing affordable HoHsiRg to families of lew income, tHe City would
prefer to iRvest in aff-orEiable deveJopmeRts with large Hnils.
Another City of CHHla Vista oÐjecti'/e tHroHgh its housing polic)' is to !Jreaden the
availability of HousiRg types and increase Home ownership opportllnities for low income
hoHseholds. As the Sate Regional Needs ,^.ssessmeRt indicates, dHe to the higl1. Gost of
buying a home iR SoHthem Califomia, home ownership is rarely affordable to families with
low iaGomes. The 1990 CeRelIa Elata SHOWS tHat amoRg Homeowners in Clmla Vista, tHe
lower the h(JHseHold income, the Higher tHe perceatage of respective Household incomes goes
to the mortgage paymeRts. Making home ownership afforEiable 10 families '.\'ith lew income
is tHe lcey to this objective. Shot¡]d the City ofChula Vista choose to participate ia finunciag
aff-ordable housiRg, tHe City wOHld pr-efer to ia\'est ia home O\\'llersHip opportHaities for
families of low income.
According to SANDAG's Preliminary 2020 Cities/County Forecast. Chula Vista is expected
to gain 46.000 new residents and 13.801 new households. The characte.lÍstics of the City's
population, housing. and employment that affect its housing goals, policies, and programs
include:
/1-
. Chula Vista residents have household income and age characteristics that nearly
match the regional median.
. The po\¡u]ation has more diversity in race/ethnicity than the region. in that 44 percent
of the population is white (non-llispanic) and 42 percent is llispanic (all races), this
compares to 61 percent and 23 percent resl'ectively.
. Household size is slightlv larger than the region. at 3.0 persons per household for
Chula Vista. compared to 2.83 persons per household for the region.
. A large supply of vacant develolJable land is planned for communities with a wide
variety of densities and land use tyPes.
. The well established neighborhoods and master planned neighborhoods create
different opportunities and require a different set of policies and programs to address
housing needs.
. The City's diverse employment basc will grow by more than 47 percent between
1995 and 2005. with the maioritv of growth in the retail. service. and government
sectors.
. A hi gh rate of new home construction is anticipated due to the manv approved master
planned communities in the Cilv.
. Reinvestment in the well-established neighborhoods of Western Chula Vista
continues to be necded.
. Approximately 13.000 units will be 50 years or older by 2004.
. A home ownership rate of 53 percent is ncarly the same as the region's rate of 54
percent.
. The very low rental vacancy rate of 1.1 percent indicates likely increased housing
costs and greater likclihood of over-crowding.
. The median housing cost (rcsale) of $177.000 is $18.500 less than the re\(ion's
median cost of $195.500.
. A verage rents are 10 percent to 30 percent lower than the region wide average rents.
The City has two sets of numelical housing goals established by SANDAG. which are also
addressed in the Housing Elemcnt: the City's share of the rcgion's future housing needs
(regional share goals) and the affordable housing goal for self-certification. The total
regional share goal is 10.401 new housing units of which 1,889 are very low-income units
6121/01 Page 6 of 3TH (Eastlake n & ill) I
and 1.535 are low-income units. The estimated affordable housing goal for self-certification I
in 2004 is 1.029 housing opportunities for low-income households.
11.6.4 EASTLAKE II & III AFFORDABLE HOUSING PROGRAM
11.6.4.1 LOW INCOME HOUSING I
. Requirements
The EastLake Trails, "Land Swap" parcels, and EastLake III Developments are required to
provide a minimnm of 10% of the number of permitted dwelling units as affordable housing,
of which ooe-one-half shall be provided as low income housing and one- half will be I
provided as moderate income housing
Based on the total number of permitted dwelling units, a total of ~ 396 low and moderate-
income housing units are required to be provided within the project, of which -1-&H98 will be
provided for low-income households, and ~198 will be provided for moderate-income
households.
. Tv¡>es of Affordable Housing
The housing policies and programs established in the City of Chula Vista Gencral Plan
Housing Element advocate a broad variety and diversity of housing types. The affordable
housing obligations of Eastlake Trails, "Land Swap" parcels. and Eastlake III dcvelolJmcnts
wiH be met through a combination of housing tv¡>es that mav include rental housing. "for-
sale" housing. second dwelling units or other forms of housing. In general, low incomc
housing needs will be satisfied through the provision of rental units and "for-sale" housing.
Housing opportunities to meet the needs of moderate-income households will be primarily
provided bv "for-sale" housing.
. Site Selection Criteria
The low Ü¡eomelocation of affordable housing stte&-developments were selected HsiAg the I
following sectioA criteria which is prescribed in the City of Chula Vista General Planshall
take into consideration proximity and availability of the foJlowing:
a. SIoICA [mils are located nearExisting or proposed public transit facilities, including I
bus routes along arterial highways. or transpoI1ation routes;
b. Such uAits arc loeated \yithiA walkiAg distance of futureExistìng or prol'oscd I
community facilities and services. such as retail, commercial and support servIces,
public facilities and schools; and.
c. Existing or futurc employment opportunities. I
6/21/01 Page 7 of 37M (EastLake II & Ill) I
e-.Every effort flas-Ðeeflwill be made to mal<e targeted sites fer tAe low aHd modemte iaeeme I
Aeusißg Hßitsensure compatibili.\ye with adjacent residential units (i.e., densities, design,
etc.).
. Design
Affordable housing shall be compatible with the design and use of the market rate units, in
terms of appearance, materials, and finish quality. The developer shall have the option of
reducing the interior amenities, levels, and square footage of the affordable units.
. Unit Mix By Bedroom Count
The affordable units shall have an overall unit mix bv bedroom count which reflects the
appropriate community need. Given that 14 percent of the households in Chula Vista
(according to the 1990 Census) are large families of five persons or more and a desire on the
part of the City to have housing opportunities for these families throughout the City,
proposed affordable housing developments shall provide a minimum number of three or
more bedrooms. The minimum number of three or more bedroom units shall be based upon
the number of large households of five or more persons in Chula Vista using such sources as
Census information or other reliable data sources as agreed to by the Citv. Affordable
housing to be sold and occupied by income eligible households (for sale units) shall also
provide a minimum of two bedrooms.
Should the developer satisfv the affordable housing obligation through the provision of
housing for senior citizens as defined by Section 51.3 of the California Civil Code, the
developer does not need to provide three bedroom units. However, the developer may only
satisfv such obligation through the provision of housing for senior citizens if the Citv
considers such housing to be a high priority need and it provides advantages as to location,
diversity of housing types, and/or affordability levels.
. Affordable Housing Credits For Large Units
Given that 14 percent of the households in Chula Vista, according to the 1990 Census, are
large families of five persons or more and a lack of large units to accommodate these
households, the city desires to encourage the development of lar~e family units of three or
more bedrooms. The City will provide and additional 0.5 unit credit for those three bedroom
units created and a 1 unit credit for those four bedroom units.
. Low Income Housing Sites
Three sites have been selected for low income housing units within EastLake II & ill (See
Exhibit 1). I
6/21101 Page 8 of 3724 (Eastuk, 0 & 01) I
II
Site I. This site is located within the Vistas neighborhood, south of Olympic
Parkway in close proximity to the Olympic Training Center. The site is designated
High (18-27 dulac). The low income units at this site will supplement the on site
dorms at the Olympic Training Center.
Site 2. This site is located near thß nortRwBst quadrant of iliB inteFSßetion of Otay
Lakes Road anB Hunte Parlnvaywithin the Trails North neighborhood on the south
side of Otay Lakes Road in proximity to the future Salt Creek Community Park. The
site is designated Medium Residential (6 11 du/ac).Low M:edillIH (3 €j BIl/ae) and
will rßq,lirB a future plan affißndIHBBt to redesignatß \hB site to MßdillIH High (11 18
d\llae). Tßß BÌle is in close preximity to the Eastlake Business Center.
Site 3. This site is located in the "Land Swap" Parcel (R-9) which is designated
Medium High (11-18 dulac) with a density range of 15-25 dulac and a target of 750
dwelling units. The low income housing units will be integrated into the
development of Parcel R-9, which is located on EastLake Parkway, adjacent to the
EastLake Activity Corridor.
. Phasing
The low income housing units would be completed .in three phases. The Initial Phase
consists of é9-30 units and the Remaining Phases consists of 62-82 and é9-86 units for a total I
of !&:&-l2!Lunits. Every effort will be made by the Developer to produce additional low
income units at the first and second phases if the opportunity to produce such units becomes
feasible.
. Implementation Schedule
Low Income Housing
EastLake Compreheru;ive Affordable Housing Program
PHASE I
Timing Items to be Completed
Prior to approval of the 40151 building pennit Submit a SPA application for EastLake III identifying
specific low income housing sites consistent with the
Affordable Housing Program and provide proof of control of
sites for all phases in the form of a trust deed or an option
agreement.
Prior to issuance of the SOlst building pennit Identify intended subsidies, incentives, and financing
mechanisms for all phases to the satisfaction of the Director
of Community Development.
Prior to issuance of the 6O1st building pennit Submit and obtain approval for a marketing plan from the
Community Development Department.
6/2t1O1 Page 9 of 37:J+ (EastLake n & ill) I
Low Income Housing
EastLake Compreheusive Affordable Housing Program
PHASE I
Timing Items to be Completed
Prior to issuance of the 701st building pemùt Submit a design development plan to the Planning
Department for the construction of Phase 1 low income
housing units (61 units).
Prior to issuance of the 901st building pemùt Obtain Design Review approval for the construction of the
Phase I low income housing units.
Prior to issuance of the .¡,;;G+"J OOlst building Obtain building pemùts for the construction of the Phase I I
pemùt for EastLake Trails low income units and identify specific location of low
income units within project.
Priortotheissuanceofthe~"1301st Obtain City's final inspection and utilities release for low I
building pemùt or one year ITom the date of the income units or obtain Director of Community Development
issuance of the first low income building pemùt approval of up to a maximum of six month extension based
issuance, whichever occurs first. upun market pre-sales rate of low income units.
Total Low Income Housing Units, Phase I 60
6/2t/Ot Page 10 of 3TH (EastLake D & DI) I
Low Income Housing
EastLake Comprehensive Affordahle Housing Program
PHASE II
Timing Items to be Completed
Prior to approval of the J,WI-" 60lst building Confinn location of low income housing site for Phase II. I
permit
Prior to issuance of the -I,é!H-"1.701st building Confinn intended subsidies, incentives, and financing I
permit mechanisms for all phases.
Prior to issuance of the i-;-19+" 1.80 1st building Submit and obtain approval for a marketing plan from the I
permil Conununity Development Department.
Prior to issuance of the 1,901st buildiug permit Submit a design development plan to the Planning
Department for the construction of Phase II low income
housing units (62 units).
Prior to issuance of the 2,1O1st building permit Obtain Design Review approvaJ for the construction of the
Phase 11 low income housing units.
Prior to issuance of the 2,401 st building Obtain building permits for the construction of the Phase 11
low and moderate income units and identify specific location
of low and moderate income units within project(s).
Prior to the issuance of the 2,701st building permit Obtain City's final inspection and utilities release for low
or one year from the date of the building permit income units or obtain Director of Conununity Development
issuance, whichever occurs first. approval of up to a maximum of six month extension based
upon pre-sales rate of low income units.
Total Low Income, Phase 11 @jU I
6121/01 Page 11 of 37H (EastLake D & OJ) I
Low Inrome Housing
EastLake Comprehensive Affordable Housing Program
PHASE III
Timing Items to be Completed
Priorto approval of the 2,401st buílding penrut Confirm location of low income housing site for Phase III.
Prior to issuance of the 2,501 st building penrut Confirm intended subsidies, incentives, and financing
mechanisms for all phases.
Prior to issuance of the 2,601 st buildiug penrut Submit and obtain approval for a marketing plan from the
Conununity Development Department.
Prior to issuance of the 2.701st building penrui Submit a design development plan to the Planning
Department for the construction of Phase II low income
housing units (60 units).
Prior to issuance of the 3.00] st building penrut Obtain Design Review approval for the construction of the
Phase II low income housing units (60 units).
Prior to issuance of the 3,201st building Obtain building permits for the construction of the Phase III
low income units and identify specific location of low
income units within project.
Prior to the issuance of the 3,501st building penrut or one Obtain City's final inspection and utilities release for low
year from the date of the building penrut issuance, whichever income units or obtain J)jrector of Conununity Development
occurs first. approval of up to a maximum of six month extension based
upon pre-sales rate of low income units.
Total Low Income, Phase III éG§Q I
6/21/01 Page 12 of 37:J+ (EastLake n & lli) I
. Contingency Plan
Developer shall diligently pursue completion of the construction of the low-income housing
units as per the above implementation schedule. However, if the performance obligations are
not achieved as per the implementation schedule, in addition to any and all other rights and
remedies the City may have to enforce Developer's affordable housing obligations, the City
shall have the right to require that the EastLake Greens surplus low-income units be
automatically used to satisfy the low-income housing obligation of EastLake II and ill.
11.6.4.2 MODERATE INCOME HOUSING I
. Moderate Income Housing Requirements
EastLake II & ill includes ¥éQ3.694 housing units of which five percent (5%), or one
hundred eighty thr-eeninetv-eight (mill), must be moderate income housing units. These
moderate income housing units shall ÐORsist of for sale holiGingobligation may be met
through a combination of housing types including rental and "for sale" housing.
. Moderate Income Housing Sites
The residential densities of Medium, Medium-High and High have been selected as the sites
for moderate income housing units within the EastLake II & ill project. The location of these
parcels are distributed throughout the project (refer to General Development Plans).
. Phasing
The moderate income housing would be completed in three phases. The Initial Phase
consists of 61 units and the Remaining Phases consists of 62 and 60 units.
6121/01 Page 13 of 37J+ (Eastu.ke II & IIJ) I
/1-
. Implementation Schedule
Moderale Income Housing
EaslLake Comprehensive AlTordable Housing Program
PHASE I
Timing Items 10 be Compleled
Prior to issuance of the 1,20ls1 building pennit. Provide proof to the satisfaction of the Community
Development Director that 30 Moderate Income housing
units have been delivered to Moderate Income family
households.
Prior to the issuance of the 1,50lst building pennit Provide proof to the satisfaction of the Community
Development Director that 31 Moderate Income housing
units have been delivered to moderate income households.
Total Moderate Income, Phase 1 61
Moderale Income Housing
EaslLake Comprehensive AlTordable Housing Program
PHASE 11
Tinùng Items 10 be Completed
Prior to issuance of the 2,401st building Provide proo[to the satisfaction of the Community
Development Director that 31 Moderate Income housing
units have been delivered to Moderate Income family
households.
Prior to the issuance of the 2.701st building pennit Provide proof to the satisfaction of the Community
Development Director that 31 Moderate Income housing
units have been delivered to moderate income households.
Total Moderate Income, Phase 11 62
Moderale Income Housing
EaslLake Comprehensive AlTordable Housing Program
PHASE III
Tinùng Items to be Completed
Prior to issuance of the 3,20lst building Provide proof to the satisfaction oftbe Community
Development Director that 30 Moderate Income housing
units have been delivered to Moderate Income family
households.
Prior to the issuance of the 3,501 st building pennit or Provide proof to the satisfaction of the Conununity
one year from the date of the building pennit Development Director that 31 Moderate Income housing
issuance, whichever occurs first. units have been delivered to moderate income households.
Total Moderate Income, Phase III 60
6121101 Page 14 of 37J.1 (EaslLake n & Ill) I
11.6.4.3 AFFORDABLE HOUSING RESTRICTIONS
. Income Eligibility
To determine the eligibility of a household for the low income housing unit, the household
purchasing or renting the affordable unit must Qualify as a low income household, as
established by and amended from time to time pursuant to Section 8 of the United States
Housing Act of 1937 and as also published in the California Administrative Code. See
Exhibit 2 for the annual income limits as published bv the United States DepaJ1ment of
Housing and Urban Development (HUÐ).
. Affordable Monthly Rents
For rental housing, compliance with the affordable housing requirements is detennined by
yerifving that the total rent cost paid by the tenant is considered affordable as defined below.
To detennine affordable rent costs, monthly "Affordable Rent" includes all actual or
projected monthly payments for the following: 1
. Use and occupancy of a housing unit and the associated land and facilities:
. Any separately charged fees and service charges assessed by the lessor which
are required bv all tenants but is not to include security deposits:
. A reasonable allowance for utilities (including garbage collection, sewer,
water, electricity. gas and other heating, cooking. and refrigeration fuels but
not to include telephone service, cable TV. or high speed modem) as defined
by the Federal Regulations for the Tenant Based Rental Assistance Program:
ill!!!.,
. Possessorv interest taxes or other fees and charges assessed for use of the
associated land and facilities bv a public or ptivate entity other than the
lessor.
AtIordable monthlv rent is not to exceed the following calculations:
. Verv Low Income: 50 percent of the Area Median Income (AMI) for San
Diego County, adjusted for household size appropriate for the unit, multiplied
by 30 percent and divided by 12.
. Low Income: 80 percent of the Area Median Income (AMI) for San Diego
County, adiusled for household size appropriate for the unit, multiplied by 30
percent and divided bv 12.
. Moderate-income: 120 percent of the Area Median Income (AMI) for San
125 California Code of Regulations Section 6918 (EastLake 0 & 01) I
6121/01 Page 15 of 37:p.
Diego County, adjusted for household size appropriate for the unit. multiplied
bv 28 but not more that 35 percent and divided bv 12.
Should subsidized financing and other incentives from a public agency be proposed and
obtained, the affordable monthly rent shaH be dictated bv such jJrogram or granting
Agencv. If no affordable rent is specified. affordable monthlv rents shaH be established in
accordance with Section 50053 of the California Health and Safety Code.
. Affordable Housing Costs for Owner Occupied Housing
For ownership housing (for sale units). compliance with the affordable housing requirements
is determined bv verifYing that the sales price paid bv the buyer eqUates to a total housing
cost that is considered affordable as defined below.
To determine affordable housing costs, monthly "Housing Pavments" includes all actual or
proiected monthlv payments for the foHowing:
. Principal and interest on a mortgage loan, including rehabilitation loans, at
the time of initial purchase by the home buver;
. Allowances for pro1;>ertv and mortgage insurance;
. Property taxes and assessments: and
. Homeowner association fees.
Affordable monthlv housing payments are not to exceed the foHowing calculations:
. Verv Low Income: 50 1?ercent of the Area Median Income (AMI) for San
Diego County. adjusted for household size appro1;>tiate for the unit. multiplied
bv 30 percent and divided by 12.
. Low Income: 80 percent of the Area Median Income (AMI) for San Diego
County, adjusted for household size appropriate for the unit. multiplied by 30
percent and divided bv 12.
. Moderate-income: 120 percent of the Area Median Income (AMI) for San
Diego County, adjusted for household size appropliate for the unit. multiplied
by 28 but not more that 35 percent and divided by 12.
Should subsidized financing and other incentives from a public agency be proposed and
obtained, the affordable monthly housing payment shall be dictated by such 1;>rogram or
granting Agency. If no affordable monthly housing pavment is specified. the affordable
monthly housing payment shall be established in accordance with Section 50052.5 of the
California Health and Safety Code.
6/21/01 Page 16 of 373+ (EastLake n & ill) I
/I~
. Underwriting Requirements
To ensure the preservation of affordabilitv of proposed low and moderate-income housing
and the financial viability of program participants. the City shall encourage the following
policies:
. Fixed rate m011gages onlv. No adjustable rate m011gages:
. Affordable monthlv housing payments not to exceed 33 percent of household
income ("Front End Ratio"). Total debt payments not to exceed 45 percent of
household income ("Back End Ratio"):
. No "teaser" rates: and.
. No non-occupant co-borrowers.
. Resale Provisions of Owner Occupied Housing:
In order to ensure the continued affordability of the units. resale of the units must be
restricted for the required term ofthirtv (30) years. After initial sale of the affordable units to
a low-income household. all subsequent buyers of such units must also be income eligible
and the unit must be sold at an affordable price. A developer may opt to have no income or
sales price restriction for subsequent buyers. provided however that restrictions to the
satisfaction of the Citv are in place that would result in the recapture bv the City or its
designee of a financial interest in the units equal to the amount of subsidv necessarv to make
the unit affordable to a low income household and a proportionate share of anv equity. to be
determined and specified within the Affordable Housing Agreement executed for the
proposed affordable housing development. Funds recaptured by the City shall be used to
provide assistance to other identified atfordable housing production or contributions to a
special needs housing: proiect or program. To the extent possible. projects using for-sale
units to satisfy the obligations of developers under the City'S Affordable Housing Program
shall be designed to be compatible with conventional mortgage financing programs including
secondarv market requirements.
. TelID of Affordability Restrictions
Should subsidized financing be proposed and obtained. income and rent restrictions for an
affordable rental proiect shal1 be implemented for the remaining life of the project. which is
presumed to be a minimum of fifty-five (55) vears from the date of completion of the final
inspection for each structure. In the event that no subsidized financing is obtained. such
affordability restJictions shall remain in effect for thirty (30) years from the date of
completion of the final ins¡¡ection for each structure. The term of affordabilitv and resale
restrictions for affordable for-sale units is more appropriately described above. "Resale
Provisions of Owner Occupied Housing".
6121101 Page 17 of 37;P (EastLake II & Ill) I
1/- If
11.6.4.3 SUBSIDIES, INCENTIVES AND FINANCING MECHANISMS I
The Citv agrees to use its reasonable best efforts to assist the developer in pursuing the
benefit of certain financing mechanisms, subsidies. and other incentives to facilitate the
provision of affordable housing for low and moderate income households to the extent such
resources and programs for this purpose are available. These mechanisms, subsidies, and
incentives, which could reduce the cost of providing affordable housing. include, but are not
limited to, local, state and federal subsidies, Citv densitv bonuses, planning and design and
development techniques and standards, and Citv fee deferrals or waivers (colJectivelv, the
"Cost Reducing Mechanisms").
Potential subsidies, incentives. and financing mechanisms that mav be used to facilitate the
provision of affordable housing include the folJowing:
In the event Developer obtains subsidized financiRg, the Qualified Tetm shall be dietated by
the selected funding sour-ce. If the selected fltnding Has no f]ltalified term, it sHall be fifty
tïve (55) years. In the event that no subsidized financing is obtained, the Qualified Term
shall be twenty (20) years from tAe date of the completion of tHe fiRal insj3ection for eaCH
stRIffi!re-.
Belo.,.' is a list of somc of the potcntiaJ fHttdin¡; mechanisms that the Developerrnay use for
affordable housing:
. Low Income Housing Tax Credits (LIHTC) - statewide competition;
. Housing Bonds - State;
. Housing Bonds - City;
. Redevelopment Low and Moderate-income Housing fund - Redevelopment Agency;
. HOME - City and County;
. CBDG - City; and
. Other Public Financing - State and Federal.
This list is not intended to ]imit the use of other subsidies, incentives, or other financing
mechanisms that are now available or mav become available in the future.
City agr-ees to tHe extcnt it deems reasonable to use good faith and reasonable best efforts te
assist Developer in j3ursuing the beRefit of certain financing and otHer mecHanism WHicH VI ill
reduce tHe cost of providing affordable Housing in EastLake II & 1II, some of which require
approvals from, or allocations by, state agem:ies, ineludiRg, bat not limited to local, state,
and federal sHbsidies and City bomolses, planning, and design and development techniques
and standards VI hicA redHce the cost of providing affDrdable Rousing; (collectively, the "Cost
Reducing MecHanisms"). The parties acknowledge that the City is not hereby committing
and cannot guarantee the availability of any Cost Reducing Mechanisms to the Developer for
EastLake II & ill. The City reserves the right to approve or disapprove, in its so]e discretion,
any developer request for substantia] financing. I
6/21101 Page 18 of 37ð+ (EastLake n & liD I
J
. Densitv Bonus
Proiects which meet the a{>plicable requirements of State Law (Government Code Section
65915) as a result of the affordable housing units are entitled to a density bonus or other
additional incentives in accordance with the provisions of such law.
11.6.4.4 COMPLIANCE REPORTING I
All Compliance Reports shall be submitted to the City of Chula Vista Community
Development Department and an independent trustee hired by the Developer to monitor the
Developer's compliance. The requirements imposed by providers of subsidized financing or
other Cost Reducing mechanisms may replace the terms described below if City so approves.
Rental Units' Compliance Packet and Audit
a. Should a Developer seek approval by the City to credit a tenant toward its low
income housing obligation, the Developer must give the City, at a minimum, a
compliance packet including the following:
Supplemental Rental Application - ~Exhibit 3 I
Semi-Annual Report - ~Exhibit 4-A, 3-B, 3-C
Authorization to Release Information by Purchaser
Acknowledgment that the Information is for City's Reporting and
Administration Use Only
Developer shall not be required to perform any extraordinary investigation or
verification regarding such information other than Developer's usual and customary
means of income verification. Developer shall retain the Supplemental Rental
Application and any supporting documents for a period of at least twe--thrce Q:2.) I
years after the applicant ceases to occupy a low income housing unit.
b. Should a Developer seek approval by the Citv to credit a dwelling unit towards its
moderate income housing obligation. the Developer must give the Citv, at a
minimum. a report vel1fving: compliance with the terms of this document and/or the
subsidized financing program:
. Annual Moderate Income Affordable Rental Housing Monitoring Report
(Exhibit ).
Developer shall retain any supporting documents for a period of at least three (3)
years after the initial occupancy of the unit to veIify the accuracv of the monitoring
rep0l1.
Developer shall not be required to perform any investigation or verification of
612110] Page 19 of 37"-1 (EasWike n & lIT) I
II
income for purposes of Qualifving the household for moderate income eligibility. I
&c. A household occupying a designated low income unit whose annual income increases I
subsequent to occupying said unit (referred to as "over income household") and thus
exceeds the 80% of area median income, need not vacate the apartment. However, at
the Developer's discretion, this over income household's monthly rent (including
utilities) may be increased to the market rate. Regardless of a rent increase, the
Developer can no longer credit this over income household toward its 5% low
income requirement and is obligated to replace this unit by renting the next
comparable unit to a low income household as per the paragraph below. Thus, the
Developer shall ensure appropriate language is included in the lease requiring tenant
to provide income information biannually and acknowledge that should its income
increase, the household may be subject to a higher rent. Adjusted monthly incomes
can be calculated using rules according to the HUD Handbook 4350/3 Occupancy
Requirements for HUD Subsidized Multifamily Housing.
The location of the designated units may change over time (to be referred to as
"floating units") as long as the total number of affordable units remains constant and
that substituted units are comparable in terms of size, features, and the number of
bedrooms, as detennined by the Director of the Community Development
Department. If the over income household does not vacate the unit, the Developer
must assure that when the next comparable apartment becomes vacant, the newly
available unit must be rented to a low and/or moderate income household, as a
floating unit, to replace the previously designated unit no longer housing a low
income household. If the over income household chooses to leave, the vacated unit
retains its low income unit designation.
If a residential apartment complex is designated as 100% low income, the over
income household will not be required to vacate, if it pays the increased rent, and the
unit will not be replaced with a "floating unit". When the over income household
vacates the unit, the unit retains its low income unit designation.
c. If the city determines that an outside audit is necessary to verify the accuracy of the
submitted rent roll, then on a basis no more frequently than once a year, it may
require such an audit at the expense of Developer. In such event, within ten (10)
days after delivery of the City's written request for such outside audit, Developer
shall deliver to the City the names of three (3) certified public accountants doing
business in the Metropolitan San Diego area. City will promptly deliver to Developer
notice of approval by the City of one or more of said names.
The audit shall be completed by an approved certified public accountant, at
Developer's sole cost and expense, within sixty (60) days after the delivery to
Developer of City's approval. The certified public accountant shall promptly deliver
a copy of the written audit to the City. Such audit shall be an audit of Developer's
records, including the ipformation supplied to Developer by the low income tenants.
6/21101 Page 20 of 373+ (E"tLake n & III) I
The auditor shall not be required to verify the accuracy of the information provided
by the low income tenants.
. Home Ownership Units' Compliance Packet
Should Developer seek approval by the City to credit a home purchase toward its low income
housing obligation, the Developer must give the City at a minimum a compliance packet
including the following:
Copy of Settlement Sheet
Homeblfyer's QlfalifieatioH Form Exhibit 1
.^.lfthorization to Release Information by Pur-ehaser
.^.elmov.ledgment that the 1I1f-ormatiOfI is f{)r City's Re¡JortiI1g aI1d
.^.dmiI1istmtion Use OI1ly
Final 1003 Uniform Underwriting Transmittal Summarv Settlement
Statement and Good Faith Estimate
Verification of low income buver completed bv developer under or on behalf
of the City
Developer shall not be required to perform any extraordinary investigation or verification
regarding such information other than Developer's usual and customary means of income
verification.
Developer may contact the City's Community Development Housing Division's Housing
Coordinator to confirm the City's acceptance of the applicant as credit toward Developer's
low income housing unit obligation. Developer may contact the City prior to the sale of the
unit for consultation purposes if desired; however, approval will be given in writing only
after required documents are reviewed and accepted by the City.
Should Developer seek aI;Jproval bv the Citv to credit a home purchase toward its moderate
income housing oblil¡:ation. the Developer must give the Citv at a minimum a compliance
packet including the following:
. Homebuver's Qualifving Form (Exhibit 6).
Developer shall retain anv supporting documcnts. such as copies of settlement sheets. the
Final 1003 or other aI;Jpropriate documents. for a period of at least three (3) vears after the
initial sale of the unit to verify the accuracy of the monitoring rep011.
Developer shall not be required to perform anv invcstigation or vcrification of income for
pUllJoses of qualifving the household for moderate income eligibilitv.
11.6.4.5. AFFIRMA TIVE MARKETING PLAN I
Developer shall provide a marketing plan acceptable to the City, in the City's reasonable
discretion, for proactively marketing the low and moderate income housing units to low and
6/21101 Page 21 of37J.1 (EaslLake 0 & 00 I
moderate income tenants and purchasers, respectively, at the time specified in the
Implementation Schedules in Sections A5 and B4 above. Developer shall use good faith and
reasonable best efforts to market the low and moderate income housing units to low and
moderate income tenants and purchasers according to the affirmative marketing plan. See
~Exhibit 7, attached hereto, which sets forth the plan requirements. I
The City will in its discretion use good faith and reasonable best efforts to assist Developer
in marketing low and moderate income housing units to low and moderate income tenants
and purchasers, obtaining the services of a third-party organization in connection with such
marketing-efforts, processing the applications of prospective tenants and purchasers of low
and moderate income housing units, and complying with the reporting requirements as
required herein.
11.6.4.6 IMPLEMENTING AGREEMENTS AND CONDITIONS I
This AHP may be implemented through various mechanisms including development
agreements, tentative map conditions, and specific housing project agreements which may
impose additional terms and conditions consistent herewith.
6121/01 Page 22 of 37* (Eastl.ake n & OJ) I
Low Income Housing Sites SPA Key Map
0 EastLake Vistas Site -
0 EastLake Trails Site
Ð EastLake Land Swap Site
0 EastLake Greens Site
Moderate Income Housing Sites
Dispersed without assignment in
M, MH, & H Categories
.4Î fASTLA KE Cinti Land Planning
-......"",.,.,....,- m
I\.....rI u ..
A planned community by The EastLake Co. 6/21/0'
EXHIBIT 2 I
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Exhihi. 2 - Page I of ] I
6/21101 Page 24 of 37 (EastLake I) & 1)1)
/1
EXHffiIT 2EXHIBIT 3A I
SUPPLEMENTAL RENTAL APPLICATION
The rental unit for which you are applying has received governmental assistance under programs to
encourage more affordable housing. As a result, the unit carries a rent level restriction and is
restricted to occupancy by low and moderate income households.
The information required on this form is necessary to determine you income eligibility to occupy the
unit. You must report all household income. Information provided will be confidential and not
subject to public disclosure pursuant to State Govemment Code Section 6254(h).
1. Rental Unit Address
2. Applicant Name
3. Other Household Members
4. Total Current Annual Household Income from all Sources:
TOTAL $
Detail:
Household Member Income Source
5. Total Gross Annual Household Income shown on most recent Federal Tax return (attach
copies of most recent Federal Tax returns for all household members receiving income.
Include other verification of income not appearing on tax forms.)
TOTAL $
APPLICANT'S STATEMENT
I certify, under penalty of perjury, that the foregoing information is true and correct to the best of my
knowledge. I understand that any misrepresentation of the information contained herein may be
cause for eviction.
Signature Date
Applicant I
Exhibit 2 - Page 1 of ¡
6121/01 Page 25 of 37 (EastLake 11 & !II)
11-72-
EXHlIHT 2EXHIBIT 3B I
OWNER'S STATEMENT
Based on the foregoing information, I certify, under penalty of perjury, that the applicant is eligible
to occupy this restricted affordable unit. Eligibility is based on finding that the applicant
household=s current annual income is $ and does not exceed the current
maximum household income of $ allowed under the terms of a Development
Agreement with the City of Chula Vista regarding this residential development.
Name
Title
Signature Date
E'h;b;t2-Page 1 of] I
6121101 Page 26 of 37 (EastLake n & Ill)
II
EXHIBIT ~EXHmIT 4-A I
Owner's Certification
I am the owner or owner's representative for an affordable housing development in the City
of Chula Vista, which is bound by a Housing Agreement with the City.
I certify under penalty or perjury that the attached rent roll for affordable units at my project
is true and correct to the best of my knowledge and complies with the terms and conditions
stipulated in the Affordable Housing Agreement, or any agreement that implements the
same, with the City of Chula Vista.
Name
Title
Signature Date
~E,hihit4-Page 1 014 I
6121/01 Page 27 of 37 (EastLake n & ill)
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EXHnUT 3EXHIBIT 4-C I
SEMI-ANNUAL REPORT
(insert memo from City)
~Exhjbit4-Page4of4 I
6/21101 Page 30 of 37 (EastUlke U & III)
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11-7?
Exhibit 5 I
~!~
---
c~~ I
ANNUAL MODERATE INCOME AFFORDABLE HOUSING MONITORING REPORT
Owner's Certification
I am the owner or owner's representative for an affordable housinq development in the City
of Chula Vista. which is bound by a Housinq Aqreement with the City.
I certify under penalty or perjury that the attached rent roll for affordable units at mv project
is true and correct to the best of my knowledqe and complies with the terms and conditions
stipulated in the Affordable Housinq Aqreement, or any aqreement that implements the
same, with the City of Chula Vista.
Name
Title
Siqnature Date
Deadline for Submittal: 15 days after year end
(HINES) CIMv DocllmcnlsIEASTLAKE\AHP Easllakc IIl.R"js<d.d{)ÇC:'~1: 98ClImrnt:"1ollitOA'g"I,nitor I\rt.'ff 'I,d IIs~.àoe [6/21/1)15:1~) I
PM~'2I'GI1:,gPHJRevised:June2001
EXHIBIT 1EXHIBIT 6 I
~ I ft..
-f -
O1YOf
CHUIA VISI'A
HOMEBUYER'S QUALIFYING FORM
Current Address:
Current Household Income: $ Household Size:
I NEW I-IOME INFORMATioN II
Master Plan Community:
Name of Residential Development:
Tract: Lot No.:
Lot Address:
No. of Bedrooms:
Purchase Price2:
Monthly PIT I Payment: $ % of Income: %
Year of Purchase:
Sales Representative:
Signature of Homebuyer Date
Authorizing Release to City
This information is for the City's Reporting and Administrative Use Only.
2 The sales price of any unit being sold in partial satisfaction of Developer's obligation to provide moderate
income housing shall not exceed the affordable housing costs for owner occupied housing as defined within
the Affordable Housing Program for the master plan community.
~E,h;hil6-Page I of! I
6121101 Page 33 SJi: 17 (EastlMe n & 111)
I/->:Sf)
EXHIBIT SEXHIBIT 7 I
City of Cbula Vista Equal Housinl! Opportunity Requirements
For The Low/Moderate Income Housinl! Affirmative Marketinl! Plan
Every Developer complying with the City of Chula Vista's Housing Element's "Affordable Housing
Plan" shall submit to the City an Affirmative Marketing Plan for City Review and Approval which
details actions the Developer will take to provide information and otherwise attract eligible persons
in the housing market area to the available housing without regard to race, sex, sexual orientation,
marital status, family status, color, religion, national origin, ancestry, or handicap, age or any other
category which may be defined by law now or in the future.
I. The City of Chula Vista Affirmative Marketing Requirements are as follows. Please note,
however, the Plan is not limited to these Requirements.
(i) Detail methods for informing the public, buyers and potential tenants about Federal fair
housing laws and the City of Chula Vista's affirmative marketing policy;
(ii) Publicize to minority persons the availability of housing opportunities through the type of
media customarily utilized by the applicant, including minority outlets which are available in the
housing market area;
(iii) Identify by language and by number any significant number of persons in a community
within the housing market area who have limited fluency in the English language:
(iv) Where there is a significant number of person in a community within the housing market
area who have limited fluency in the English language, the Plan shall:
(a) Identify the media most likely to reach such persons.
(b) Advertise for the housing development in the native language of such
persons, in addition to the English language, and
(c) Describe the provisions which the housing sponsor will make for handling
inquiries by and negotiations with such persons for the rental or sale of units in the
development.
(v) Detail procedures to be used by the Developer and/or property manager to inform and
solicit applications from persons in the housing market area who are not likely to apply for the
housing without special outreach (e.g., use of community organizations, places of worship,
employment centers, fair housing groups, or housing counseling agencies). I
~Exhibit 7 - Page 1 of2
~hh;b;17-Pagel 012 I
6121/01 Page 34 of 37 (EastLake U & UI)
II. Records must be kept describing actions taken by the Developer and/or property managers
to affirmatively market units and records to assess the results of these actions:
(i) The records shall include a copy or transcript of the advertisement copy. the identity
of the media in which it was disseminated, and the date(s) of each appearance. The housing
sponsor shall also keep a record of the dates and places of any meetings or communications
between the housing sponsor and any individual or group referred to the housing sponsor by the
agency or organizations representing any of the groups within the community acting on behalf of
any classification of minority persons described above. Such records shall be retained for a
period of five years;
(ii) A description of how the Developer and/or property managers will annually assess
the success of affirmative marketing actions and what corrective actions will be taken where
affirmative marketing requirements are not met; and
(iii) The Developer/property manager shall fumish all information and reports required
hereunder and will permit access to its books, records and accounts by the City of Chula Vista,
HUD or its agent, or other authorized Federal and State officials for purposes of investigation to
ascertain compliance with the rules, regulations and provisions stated herein.
ill. The City of Chula Vista may from time to time review the Plan and the Developer's and
property manager's activities pursuant to the Plan and may require amendments to the Plan if it
does not fully comply with the requirements of this section.
IV. An affirmative marketing program shall be in effect for the duration ofthe Qualified Term
defined in the Affordable Housing Agreement.
V. If a source of funding used in a low/moderate income housing development, such as federal
or state funds, has affirmative marketing requirements more restrictive than the City of Chula
Vista's affirmative marketing requirements, then the more restrictive applies.
_Exhibit7-Page I 0[2 I
6/2110] Page 35 of 37 (Ea,tLake U & UI)
IJ
-~._._....._-
Attachment 4
Community Purpose Facilities Master Plan
I
1.11.3 Community Purpose Facilities
Purpose and Intent
Chapter 19.48. P-C - Planned Community Zone, requires that all land in the PC zone
provide a minimum of 1.39 acres of land per 1,000 persons for community purpose
facilities (CPF), such as: a) Boy Scouts, Girl Scouts, and similar organizations; b) social
and human service activities, such as Alcoholics Anonymous; c) services for the
homeless; d) services for military personnel during the holidays; e) senior care and
recreation; f) Worship, spiritual growth and development, and teaching of traditional
family values; g) day care facilities that are ancillary to any of the above; g) non-profit or
for profit dav care tàcilities that are ancillary to any of the above or as a primarv use. For
profit facilities as. primary use are subject to further requirements and additional criteria
as outlined in Section (t) below; h) private schools that are ancillary to any of the above;
and i) little league ball fields for Bon profit organizations serving the local coHlIBunity.j.2
interim uses, subject to the findings outlined in 19.48.025(E): and j) recreational
tàcilities, such as ball fields for non-profit organizations serving the local community.
subject to the requirements outlined in 19.48.040(B)(6)(d). However, where recreational
ball fields are desired as a conditional use in Community Purpose Facilities land use
districts, a "CPF Master Plan", shov'ing the specific boundaries of the master plan and
existing and proposed distribution of CPF uses "lithin a GDP, or designated CPF master
plan boundaries is rec:¡uired.showing the specific boundaries of the master plan and
existin<! and proposed distribution ofCPF uses within a SPA, GDP or overall Planned
Community shall be considered and approved by the Director of Planning and
incorporated as parI of the Planned Comml.U1ity's General Development P1an(s). In
addition, recreational ball fields shall not \ltilize more than 25% ofthe overall CPF
acreage r@quired,recreational ball fields shall no! utilize more than 35% of the overall I
SPA. GDP or Planned Communitv CPF acreage required. and no park credit may be
granted for community purpose ball fields.
The total acreage required may be reduced by the City Council in certain circumstances
such as when shared parking facilities are available with other facilities.
Proposed CPF Master Plan
The CPF Master Plan boundaries encompass EastLake Greens (including the "Land
Swap" Parcels), EastLake Trails, EastLake Business Center II, EaEtLake Vistas and
EastLake Woods (see Exhibit ). EastLake Vistas and EastLake Woods (see Exhibit 5b). I
Four sites are distributed throughout the remaining SPAs insuring that each future CPF
site will serve a different neighborhood. In addition, the sites are located along major
road to enhance accessibly to the facility by community residents.
-1-
II-fjt
Based upon the anticipated development statistics for the CPF Master Plan area, the
overall combined CPF acreage required and proposed is as follows:
Table D
Required Community Purpose Facility Acres for EastLake
EastLake 11* EastLake EastLake III Total
Greens 11* (adopted
SPA ** Trails SPA CDP) I
(GDP)
Dwelling Units 3443 1143 -----l-7é+ 2061 ~ 6647 I
CPF ac/du 0.004003 0.004003 0.004003
Total CPF acres 13.8 4.6 M8.3 ~ 26.7 I
required
Total cpr acres 15.8 4.6 ~ 31.1 I
provided
* EastLake I (North of Otay Lakes Road) is excluded from this table.
** Includes proposed Land Swap amendment.
Proposed CPF Sites
Th@ CPF ma£ter Plan provide a total of25.5 acr@s in four different sites. 1.6 acr@s, or 18% ofth@
total acr@ag@ r@'J,'¡r@d is provided in the Trails (sit@ No. 2) for little league ball fields. Exhibit
~ The CPF master Plan provides a total of 31.1 acres in four different sites. Exhibit 5b, identifies I
the proposed CPF sites which are described in more detail below,
Site I: (Existing) Located in EastLake Greens, a portion of this 15.8 acr@ git@ has been conv@y@d I
to a religious inGtitution for u£e as a place of worship. The œmaining portion of th@ site is
curr@ntly :wailabl@ for acquisition and 1IS@ for community pmpos@ facilities. This remaining
portieR of Site 1 is proposed to conditionally permit any ofth@ follo'ving land us@s.a portion of
this 15.8 acre sile (12.2 acres) has been conveved to a religious institution for use as a place of
worship. The remaining portion of the site (3.6 acres) is current Iv available for acquisition and
use J~)r communi tv purpose tàcilities and is tlIJ1her described below.
Site I: (Future) This CPF £it@ is '.vi thin th@Trails n@ighberhoodand is proposed to comlitionally I
permit little league ball fields for non profit organizations gerviRg the local community. The
development ofth@ site would b@ subject to the r@q1lir@m@nts outlined in the EastLake II Planned
Comm1lnity District R@g1llations and Section 19.18.01()(B)(6)(d) ofth@ Chula Vista Municipal
-2-
J
n______-----
Geàe-.Located in EastLake Greens on the east side of EastLake Parkway. south of the SDG&E I
power easement. This site is currently available for acquisition and use for community purpose
facilities (3.6 acres).
Site 2: is leGat@d in th@ Vistas neighborhood ofEastLak@ III GDP and consists of7.! aGres.This
CPF site is located within the Trails neighborhood and is proposed to conditionallv permit little
leaQ.ue ball fields for non-profit organizations serving the local community. The development of
the site (4.6 acres) would be subject to the requirements outlined in the EastLake II Planned
Communi tv District Regulations and Section 19.48.040(B)(6)(d) of the Chula Vista Municipal
Code.
Site 3: This site is located in the Vistas neighborhood of EastLake III GDP and consists of 1 0.8
acres. The future Vistas SPA Plan will refine the exact location and acreage of this site
The sites identified on this Master Plan are, or will be, designated in the Planned Community
District Regulations as "CPF" to insure their continued availability pursuant to city requirements.
With th@ @xc@ption of cpr site No. 2,With the exception of CPF site Nos. 2 and 3, which will I
include little league ball fields as a conditional use permit, the above mentioned CPF sites could
accommodate by conditional use permit the following land uses:
. Boy Scouts, Girl Scouts, and other similar organizations;
. Senior care and recreation;
. Worship, spiritual growth and development, and teaching of traditional family values;
. Day carß facilitißs that are ancillary to any ofth@ abov@;For profIt and non-profit dav care I
facilities that are ancillarv to any of the above:
. Private schools that are ancillary to any of the above;
. Interim uses, subject to the findings outlined in Section 19.48.025(E) of the Chula Vista
Municipal Code.
. Recreational ball fIelds not to excecd 35% of the overall cpr acreage requirement for the I
CPF Master Plan.
-3-
J /~fj,
PROPOSED
Master Plan of
Community Purpose Facilities
CPF Locations
0 ~~~:;~~Ike Greens
. ~~~~ke Greens
0 EastLake Trails
. EastLake Vistas
E-Lakell Eas1Lake II EastLake III Total
Greens SPA Trails SPA GDP
Dwelling Units 3443 1143 2061 6647
CPF Acres Reaulred 13.8 4.6 8.3 26.7
CPF Acres Provided 15.8 4.6 10.8 31.1
~ ,_...",-,
EastLake 1 . Eastlake Trails
(not included)
EastLake III - v.stas
Eastlake Greens
... FASTLAKE III s:~!.g.~E!.°m
ïï......rï ~
A planned community by The EastLake Compãny 4-4-01
(04/20/01) GENERAL DEVELOPMENT PLAN
1.1.11-5
I E8slL8ke Ir 1=::::1 TOlar I
G......- I Trails
Dwelling Units 3443 1143 1767 6353
CPF .cldu D.OOCOQ3 D.0D4DD3 D.DD40D3
Toilli CPF .c. Req'd. 13.8 4.6 7.1 25.4
.~I(""""ofOlo."""Rd,."--,",,"It;._.
.. '- ... l8nd -.....
~~.
Ea.""'" I ';,-, Eø1l8... Trails
(not Included) '" Eø1l8k8 In
Eø1l8k8 0.......
.4 FASTLAKE ~IRII"'"
-~~
A PI.nnad Community by E..lL8k. Dev.lopm.nt Co. ~......
Exhibit 5b
Chapter! - Section 1.1 1
11-11-99 XI-5 General Development Plan
/1
Attachment 5
EastLake III GDP/ SPA Binder
I
Attachement 6
Disclosure Statement
/
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 campaign contributions, on all matters which will require discretionary action on the part of the City
Council, Planning Commission, and àll other official bodies. The following information must be disclosed:
1. List the names of all persons having financial interest in the property which is the subject of the
application orthe contract, e-g., owner applicant, contractor, subcontractor, material supplier.
T~Ak:< Co.
- ":::f- b hid I (~ Co .
2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership interest
in the partnership.
S.b. ~Ww{,l--
3. If any person. identified pursuant to (1) above is non-profit organization or a trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
-
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'::::::::
If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or
independent contractors who you have assigned to represent you before the City in this matter.
'ß~1l CK-h<W\ "BtAP ~rL¡4Y
(D ~ f\.:::/'rv Ù . féit(l.'{ C/." ïì
1?;.\ \\ McX-l\'b,'n
6. Have you and/or your officers or agents, in the aggregate, contributed ~an $1,000 to a
Councilmember in the current or preceding election period? Yes - No - If yes, state which
Councilmember(s):
Date: 5- ðq - () I --I
, Person is defined as "Any individual. firm. co-partnership, joint venture, association. social club. freaternal organization. corporation,
estate. trust. receiver. syndicate. this and any other county. city and country. city municipality, district. or other political subdivision, or any
other group or combination acting as a unit. "
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE PLANNED COMMUNITY DISTRICT
REGULATIONS AND LAND USE DISTRICT MAP FOR 748 ACRES
COMMONLY KNOWN AS THE EASTLAKE III SECTIONAL PLANNING
AREA (SPA) PLAN, LOCATED EAST OF THE EASTLAKE BUSINESS
CENTER AND SALT CREEK OPEN SPACE CORRIDOR, BETWEEN THE
FUTURE ALIGNMENT OF PROCTOR V ALLEY ROAD AND OLYMPIC
PARKWAY.
1. RECITALS
A. Project Site
WHEREAS, the area of land, which is the subject of this Ordinance is
diagranunatically represented in Exhibit "A", and incorporated herein by this
reference, a copy of which is on file in the office of the City Clerk, and for the
purpose of general description herein consist of 748 acres commonly known as the
EastLake III Sectional Planning Area (SPA) plan, and located east of the EastLake
Business Center and Salt Creek open space corridor, between the future alignment
of Proctor Valley Road and Olympic Parkway ("Project Site"); and,
B. Project; Application for Discretionary Approval
WHEREAS, on January 13, 2000, The Eastlake Company (Owner) filed
applications with the Planning and Building Department of the City of Chula Vista
requesting amendments to the City of Chula Vista General Plan, Eastlake II and III
General Development Plans (GDP) and Eastlake Greens and Trails Sectional
Planning Area (SPA) Plans. The applications also request approval of a new
Sectional Planning Area (SPA) plan and associated regulatory documents,
including: 1) Planned Community District Regulations; 2) Design Guidelines; 3)
Public Facilities Financing Plan; and 4) Comprehensive Affordable Housing
Program for 748 acres known as the Eastlake III SPA ("Project"); and,
C. Prior Discretionary Approvals
WHEREAS, prior discretionary action of the development of the EastLake III
portion of the Project Site has been the subject matter of: 1) a prior General Plan
amendment resulting in the current land use designations on the Chula Vista
General Plan in conjunction with EastLake III and previously approved by City
Council Resolution No. 15412 on December 5, 1989; 2) a prior General
Development Plan resulting in the current land use designations shown on EastLake
III General Development Plan, previously approved by City Council Resolution No
15413 adopted on December 5, 1989; 3) The Olympic Training Center Sectional
Planning Area (SPA) Plan and Public Facilities Financing Plan approved by City
Council Resolution 15599 on May 1, 1990 and amended by City Council
Resolution 17326 on December 7, 1993; and,
D. Planning Commission Record on Applications
WHEREAS, the Planning Commission held an advertised public hearing on said
Project on June 27, 2001, and voted to recommend that the City Council approve
the Planned Community District Regulations text and Land Use Districts Map for
EastLake III in accordance with the findings listed below.
The proceedings and all evidence introduced before the Planning Commission at
their public hearing on this Project held on June 27, 2001, and the minutes and
resolutions resulting therefÌ'om, are hereby incorporated into the record of this
proceeding.
E. City Council Record on Applications
WHEREAS, a duly called and noticed public hearing was held before the City
Council of the City ofChula Vista on July 10,2001 on the Discretionary Approval
Application, and to receive the recommendations of the Planning Commission, and
to hear public testimony with regard to same; and,
F. Discretionary Approvals Resolution and Ordinance
WHEREAS, at the same City Council meeting at which this Ordinance was
introduced for first reading on July 10,2001, the City Council of the City ofChula
Vista approved Resolution No. _by which it imposed amendments on the
Land Use Diagram and Circulation Element of the General Plan; EastLake III
General Development Plan and adopted a new Sectional Planning Area (SPA) plan,
and associated regulatory documents, including: Design Guidelines, Public
Facilities Financing Plan, and Comprehensive Affordable Housing Program for
Eastlake III.
II NOW, THEREFORE, the City Council of the City Chula Vista does hereby find, determine
and ordain as follows:
A. CERTIFICATION OF COMPLIANCE WITH CEQA - PREVIOUS FSEIR-OI-0l
AND AMENDMENT REVIEWED AND CONSIDERED FINDINGS;
APPROVALS
The City Council of the City of Chula Vista has previously reviewed, analyzed,
considered, approved and certified FSEIR-OI-Ol and Addendum by Resolution No.
-' and therefore no further action is necessary; and,
B. FINDINGS FOR APPROVAL OF P-C PLANNED COMMUNITY ZONE
The City Council hereby finds that the proposed Planned Community District
Regulations Land Use Districts Map are consistent with the City of Chula Vista
General Plan, and public necessity, convenience, the general welfare and good
zoning practice support the amendments.
C. APPROVAL OF PLANNED COMMUNITY ZONE
The City Council does hereby approve the Planned Community District Regulation
and Land Use District Map as represented in Exhibit B.
IIII. EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day fÌ'om and after its
adoption.
Presented by Approved as to form by
G-~~
Robert A. Leiter John Kaheny
Director of Planning City Attorney
H:lAttomeyIPCM-01-26 ccord.eastlake IIIpcdistrictregs2.doc
RESOLUTION
RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL
APPROVING AMENDMENTS TO THE CHULA VISTA GENERAL PLAN,
EASTLAKE II AND III GENERAL DEVELOPMENT PLANS, EASTLAKE
GREENS AND TRAILS SECTIONAL PLANNING AREA (SPA) PLANS.
ALSO, ADOPTING A NEW SECTIONAL PLANNING AREA (SPA) PLAN
AND ASSOCIATED REGULATORY DOCUMENTS FOR 748 ACRES
KNOWN AS EASTLAKE III AND LOCATED EAST OF THE EASTLAKE
BUSINESS CENTER AND SALT CREEK OPEN SPACE CORRIDOR,
BETWEEN THE FUTURE ALIGNMENT OF PROCTOR V ALLEY ROAD AND
THE SOUTHERN END OF WUESTE ROAD.
I RECITALS
A Project Site
WHEREAS, the areas of land which are the subject of this Resolution are
diagranunatically represented in Exhibit A and hereto incorporated herein by this
Resolution, and commonly known as Eastlake III, EastLake Trails and portion of the
EastLake Greens known as the southem "Land Swap" parcel, and for the purpose of
general description herein consist of: a) 1030 acres east of the EastLake Business Center
and Salt Creek open space corridor between the future alignment of Proctor Valley Road
and the southern end of Wueste Road (EastLake III); b) 322 acres east of Hunte Parkway
between Otay Lakes Road and Olympic Parkway (EastLake Trails); and c) 108 acres north
of Olympic Parkway, east and west of EastLake Parkway (Southern "Land Swap" parcel
("Project Site"); and,
B. Project; Application for Discretionary Approvals
WHEREAS, on January 13, 2000, The Eastlake Company (Owner) filed
applications with the Planning and Building Department of the City of Chula Vista
requesting amendments to the City of Chula Vista General Plan, Eastlake II and III General
Development Plans (GDP) and Eastlake Greens and Trails Sectional Planning Area (SPA)
Plans. The applications also request approval of a new Sectional Planning Area (SPA) plan
and associated regulatory documents, including: 1) Planned Community District
Regulations; 2) Design Guidelines; 3) Public Facilities Financing Plan; and 4)
Comprehensive Affordable Housing Program for 748 acres known as the EastJake III SPA
("Project"); and,
WHEREAS, the amendments to the EastLake Greens and EastLake Trails Sectional
Planning Area (SPA) plans and associated regulatory documents consist of modifying the
adopted EastLake Comprehensive Affordable Housing Program to relocate a designated
affordable housing site, presently located at the northwest corner of Otay lakes Road and
1
Hunte Parkway within the Woods neighborhood, to a multifamily site on the noprth side of
Club House Drive in EastLake Trails. Also, change the Affordable Housing Program
statistics and number of affordable units required for the project to reflect the additional
dwelling units in the EastLake III GDP and SPA (see Exhibits B ); and,
WHEREAS, the amendments to the Eastlake II General Development Plan,
EastLake Greens and EastLake Trails Sectional Planning Area (SPA) plans and associated
regulatory documents also include an amendment to the EastLake Community Purpose
Facilities Master Plan to increase the allowed CPF acreage that may be utilized for ball
fields fÌ'om 25 to 35 percent of the total CPF acreage required for the CPF Master Plan area.
Also, the inclusion of for-profit and non-profit day-care facilities as a conditional use in the
CPF land use district as represented in Exhibit C; and,
WHEREAS, the amendments to the Eastlake III General Development Plan in the
Woods (northern 410 acres) consist of: 1) relocating the westerly 88 acres, designated
Research and Limited Manufacturing, to EastLake II GDP and EastLake I SPA, and as a
result, reduce the GDP overall acreage fÌ'om 1030 to 942; 2) re-arrange the elementary and
middle school sites; 3) remove the Park land use designation; 4) establish a new Public
Quasi-public land use designation for a future fire station; and 5) change the intemal
circulation fÌ'om a loop road to a north-south spine road as illustrated in Exhibit D; and,
WHEREAS, The General Development Plan amendments for the Vistas ( 210
acres south ofOtay Lakes Road) consists of: 1) changing the western half of this
neighborhood fÌ'om Low Density Residential to Low Medium; 2) re-arrange the Medium
and Medium High density residential and establish a 12-acre retail commercial land use
designation north of Olympic Parkway; 3) change the southern half of the Open Space
land use designation along the eastern edge Qfthe Vistas Neighborhood to Park; 4)
change the internal loop-road to a single north south spine road; 5) remove the Medium
High Density Residential, Professional and Administrative Commercial and Retail
Commercial floating land use designations, and establish a new Public Quasi-public and
High Density Residential land use districts; 6) remove the Visitor Commercial and Open
Space floating land use designation and establish a Tourist Commercial land use
designation on that site; and,
WHEREAS, as a result of the General Development Plan amendments described
above, increase the number of permitted units from 1767 to 2061 (+294), and the overall
density fÌ'om 3.9 to 4.4 dwelling units per acre; and,
WHEREAS, the requested amendments to the General Plan Land Use Diagram
are primarily to reflect the proposed General Development Plan amendments for the
Woods and Vistas, as described above, and change the land use designation of an
elongated shaped parcel, south of the Olympic Training Center fÌ'om Park and Recreation
to Public Quasi-public as represented in Exhibit E; and,
2
WHEREAS, the changes to the Circulation Element of the General Plan consist of
changing the Roadway classification of: 1) Olympic Parkway between SR-125 and Eastlake
Parkway fÌ'om 6-lane to 8-lane Prime Arterial; 2) Otay Lakes Road between SR-125 to
Eastlake Parkway fÌ'om 6-lane to 7-lane Prime Arterial; and Vistas internal roadway from
Olympic Parkway to Otay Lakes Road fÌ'om Class 1 and II collector to Class III collector, as
illustrated in Exhibit F; and,
C Prior Discretionary Approvals
WHEREAS, prior discretionary action for the development of the southern "Land
Swap" Parcels portion of the EastLake Greens has been the subject matter of a prior General
Plan amendment resulting in the current land use designations on the Chula Vista General
Plan in conjunction with the Otay Ranch General Development plan, and previously
approved by City Council Resolution No. 17309; and, the development of the Trails portion
of the Project Site has been the subject matter of 1) a General Development Plan, Eastlake
II (Eastlake I Expansion) General Development Plan previously approved by City Council
Resolution No. 15198 ("GDP"), and amended by City Council Resolution No. 19275 on
November 24, 1998; 2) the Eastlake Trails Sectional Planning Area Plan ("SPA"); 3)
Eastlake Trails Air Quality Improvement Plan (AQIP); 4) Eastlake Trails Water
Conservation Plan (WCP); 5) Eastlake Trails Planned Community District Regulations; 6)
Eastlake Trails Design Guidelines; 7) Eastlake Trails Public Facilities Financing Plan; and
8) Eastlake Comprehensive Affordable Housing Program, all previously approved by City
Council Resolution No. 19275, and Ordinance 2765 on November 24,1998; 8) Eastlake III
Development Agreement, approved on February 27, 1999; and 9) Eastlake Park Agreement,
approved on August 8,1998; 10) Escrow Agreement, approved on March 26,1996; and,
WHEREAS, prior discretionary action of the development of the EastLake III
portion of the Project has been the subject matter of: 1) a prior General Plan amendment
resulting in the current land use designations on the Chula Vista General Plan in
conjunction with EastLake III, and previously approved by City Council Resolution No.
15412 on December 5, 1989; 2) a prior General Development Plan, resulting in the current
land use designations shown on EastLake III General Development Plan, previously
approved by City Council Resolution No 15413 adopted on December 5, 1989; 3) The
Olympic Training Center Sectional Planning Area (SPA) Plan and Public Facilities
Financing Plan approved by City Council Resolution 15599 on May 1, 1990 and amended
by City Council Resolution 17326 on December 7, 1993; and,
D. Planning Commission Record of Application
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on June 27, 2001, and voted 7-0 to forward a recommendation to the City Council
on a proposal to amend the City General Plan, Eastlake II and III General Development
Plan, Eastlake Greens and Trails Sectional Planning Area (SPA) plans, and adopt a new
3
SPA for 748 acres to be known as EastLake III SPA; and,
WHEREAS, The proceedings and all evidence introduce before the Planning
Commission at the public hearing on this project held on June 27, 2001 and the minutes and
resolution resulting there fÌ'om, are hereby incorporated into the record of this proceedings;
and,
E. City Council Record of Application
WHEREAS, the City Clerk set the time and place for the hearing on the Project
applications and notices of said hearings, together with its purposes given by its publication
in a newspaper of general circulation in the city, and its mailing to property owners within
500 ft. of the exterior boundaries of the Project Sites at least ten days prior to the hearing.
F. City Council Hearing
WHEREAS, a duly called and noticed public hearing was held before the City
Council on July 10, 2000 on this Project.
NOW THEREFORE BE IT RESOLVED that the City Council hereby find,
determine and resolve as follows:
II. PREVIOUS FSEIR-OI-0l AND AMENDMENT REVIEWED AND CONSIDERED
FINDINGS; APPROVALS
The City Council of the City of Chula Vista has previously reviewed, analyzed, considered,
approved and certified FSEIR-OI-0l and Addendum by Resolution No._.
III. APPROVAL OF GENERAL PLAN AMENDMENT
The City Council approves amendments to the Chula Vista General Plan Land Use
Diagram and Circulation Element as diagrammatically represented in Exhibit B-1 and B-2,
to remove various floating land use designations, re-arranging the adopted residential and
commercial land use districts, and establishing new land use designations at various
locations as diagrammatically represented in Exhibit B-1, and to change the roadway
classification of: 1) Olympic Parkway between SR-125 and Eastlake Parkway fÌ'om 6-lane
to 8-lane Prime Arterial; 2) Otay Lakes Road between SR-125 to Eastlake Parkway fÌ'om
6-lane to 7-lane Prime Arterial; and Vistas internal roadway from Olympic Parkway to
Otay Lakes Road from Class I and II collector to Class III collector.
IV GENERAL PLAN INTERNAL CONSISTENCY
The City Council hereby finds and determines that the General Plan is intemally consistent
4
II
and shall remain intemally consistent following amendments thereof by this Resolution.
V. GENERAL DEVELOPMENT PLAN FINDINGS! APPROVAL
A. THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL
DEVELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF THE
CHULA VISTA GENERAL PLAN, AS AMENDED.
EastLake II
The amendments to the EastLake II General Development Plan are primarily to
incorporate amendments to the new Community Purpose Facilities Master Plan that are
being proposed as part of East Lake III project. The proposed changes are in substantial
conformance with the General Plan, as amended.
EastLake III
The proposed GDP fully implements the concept envision in the General Plan by
providing the necessary standards and guidelines for the preparation of implementing
plans and regulatory documents for the Woods and Vistas.
An amendment to the adopted General Plan Diagram and Circulation Element of the
General Plan is being processed concurrently, and is required to establish GDP
consistency with the General Plan. The land use designations included in the
EastLake III GDP are those proposed as amendment to the General Plan Diagram.
With the adoption of the proposed amendments to the Land Use Diagram and
Circulation Element of the General Plan, the EastLake III General Development Plan
will be in substantial conformance with the amended General Plan.
B. A PLANNED COMMUNITY DEVELOPMENT CAN BE INITIATED BY
ESTABLISHMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA
PLANS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED
COMMUNITY ZONE.
EastLake II
The Eastlake II GDP contains four adopted SPAs and is near completion.
EastLake III
A new Sectional Planning Area (SPA) plan is included in the proposed project for
the EastLake III residential neighborhoods. However, the 45 acres south of the
Olympic Training Center are not included in the EastLake III SPA. Thus, a separate
SPA would be require for the development of this property.
C. IN THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH
5
DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF
SUSTAINED DESIRABILITY AND STABILITY; AND THAT IT WILL BE IN
HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE
CHARACTER OF THE SURROUNDING AREA AND THAT THE SITES
PROPOSED FOR PUBLIC FACILITIES SUCH AS SCHOOLS, PLAYGROUNDS
AND PARKS, ARE ADEQUATE TO SERVE THE ANTICIPATED POPULATION
AND APPEAR ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING
JURISDICTION THEREOF.
EastLake II
The proposed amendments do not involve new residential development.
EastLake III
The General Development Plan amendment proposes a residential community, with
residential densities ranging fÌ'om Low (0-3 du/ac) to High Density Residential (18-27
du/ac), designed in a manner that concentrates the low density housing adjacent to the
open space greenbelt of the Upper and Lower Otay Reservoirs, the higher density multi-
family residential units toward the southern end of the Vistas neighborhood and the
moderate density housing towards the western edge of the project.
Overall, the residential densities reflected on the amended GDP are compatible with the
pattern and character of development approved within the original GDP (EastLake III)
with the exception that the Research and Limited Industrial and the Neighborhood Park
land use designations, which are being deleted. The overall average density is similar to
the adopted GDP.
The proposed densities and commercial uses can be adequately served by the public
facilities incorporated herein in the respective Public Facilities Financing Plan and
therefore will constitute a residential and commercial environment of sustained
durability and stability; Further, the proposed development will be in harmony with or
provide compatible variety to the character of the surrounding area, and that the sites
proposed for public facilities, such as schools, playgrounds and parks, are adequate to
serve the anticipated population and acceptable to the public authorities having
jurisdiction thereof.
D. ADOPTION OF AMENDED GENERAL DEVELOPMENT PLAN
In light of the findings above, the amended EastLake II and III General Development
Plans are hereby approved and adopted in the form presented as Attachment A and B
and referenced on file in the City Clerk's Office.
VI. SPA FINDINGS/ APPROVAL
A. THE SECTIONAL PLANNING AREA (SPA) PLANS (AS AMENDED) ARE IN
6
/1"
CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN
AND THE CHULA VISTA GENERAL PLAN.
Eastlake Greens and Trails
The proposed amendment to the Comprehensive Affordable Housing Program will
not affect the land use distributions outlined in the Eastlake n General Development
Plan nor the Chula Vista General Plan. The primary change in the Affordable
Housing Program will be to relocate the potential affordable housing site in the
Woods neighborhoods to a new location in the northern portion of the Trails
neighborhood. The new affordable housing site is currently zoned for multifamily
residential, suitable for apartments or condominium development.
EastLake III
The new EastLake III Sectional Planning Area Plan reflect land use, circulation
systems, and public facilities that are consistent with the EastLake III General
Development Plan and the Chula Vista General Plan, as amended.
B. THE SECTIONAL PLANNING AREA PLANS WILL PROMOTE THE
ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED
SECTIONAL PLANNING AREAS.
Eastlake Greens and Trails
The amendments to the Greens and Trails SPA plans are consistent with the
development phasing prescribed in the EastLake Greens and Trails Public Facilities
Finance Plans, and therefore will not affect the orderly development of the SPAs.
EastlakeIII
The EastLake III Sectional Planning Area Plan are consistent with the EastLake III
Public Facilities Financing Plan, and will, therefore, promote the orderly
sequentialized development of the involved Sectional Planning Area (SPA) Plan
areas.
C. THE EASTLAKE SECTIONAL PLANNING AREA (SPA) PLANS, AS
AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE,
RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL
QUALITY.
Eastlake Greens and Trails
Since the new affordable housing site is proposed within a site previously zoned for
multifamily residential development, the proposed change in location fÌ'om the
Woods Neighborhood to the Trails neighborhood will not affect adjacent land use,
residential enjoyment, circulation or environmental quality.
7
EastLake III
The land uses within the EastLake III SPA plan continue the development pattern of
earlier phases of EastLake and therefore design to complement the existing
development represent the same uses approved by the EastLake III General
Development Plan, as amended, and will not adversely affect adjacent land use,
residential enjoyment, circulation, or environmental quality.
D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT
SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION,
AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH
AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF
SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH
DEVELOPMENT WILL MEET PERFORMANCE STANDARDS
ESTABLISHED BY THIS TITLE.
EastLake Greens and Trails
The amendments do not involve areas planned for industrial or research uses.
EastLake III
The new SPA does not involve areas planned for industrial or research uses.
E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER
SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL
BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO
THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE
PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH
DEVELOPMENT.
EastLake Greens and Trails
The Eastlake Greens and Trails SPA amendments do not involve these Institutional,
Recreational or similar uses.
EastLake III
The proposed community park in the Woods neighborhood is being deleted in
exchange for an expansion of a nearby community park in the Rolling Hills Ranch
Development. This larger facility will be available to the residents within the
Woods Neighborhood. Park facilities will also be provided for within the Vistas
Neighborhood, south of Otay Lakes Road. Other facilities necessary to support the
proposed residential and commercial development will be constructed in accordance
with the Public Facilities Financing Plan.
F. THE STREET AND THOROUGHFARES PROPOSED ARE SVITABLE AND
ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON.
8
Eastlake Greens and Trails
While it is anticipated there will be negligible impact on proposed streets and
thoroughfares, an environmental assessment will be required prior to approval of
any development project within the proposed affordable housing site in the Trails
and any mitigation measures must be complied with.
EastLake III
Road improvements will be constructed per the timing requirements outlined in the
Public Facilities Financing Plan.
G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED
ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL
PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES
NEEDED AT SUCH PROPOSED LOCATION (S).
EastLake Greens and Trails
The Eastlake Greens and Trails SPA amendment does not involve Commercial uses
Eastlake III
Commercial development for EastLake III has been previously analyzed for the
existing General Development Plan. The location of proposed commercial
development areas is still within the same general vicinity as shown on the existing
General Development Plan. These commercial uses reflect the Chula Vista General
Plan and will provide needed commercial services to future residents in the area as
well as visitors to the nearby Olympic Training Center.
H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED
AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY
WITH SAID DEVELOPMENT.
Eastlake Greens and Trails
The new affordable housing site previously designated for multifamily use and
therefore will not change the character of the neighborhood and surrounding
developments.
EastLake III
The New SPA plan is consistent with the approved plans and regulations applicable
to surrounding areas and therefore, said development can be planned and zoned in
coordination and substantial compatibility with said development. The proposed
SPA is consistent with the General Development Plan and Chula Vista General
Plan, amended.
9
1. In light of the findings above, the City Council does hereby approve the EastLake
Greens and EastLake Trails Spa amendments and the new Eastlake III Sectional Planning
Area (SPA) plan subject to the conditions set forth below:
VII. SPA CONDITIONS OF APPROVAL
I. Implement, and remain in compliance with, to the satisfaction of the Director of
Planning and Building, all environmental impact mitigation measures identified in
SFEIR-OI-0l, the Candidate CEQA Findings and Mitigation Monitoring and
Reporting Program for this project known as Document No. -' a copy of
which is on file in the Office of the City Clerk
2. Prior to any activity that may potentially impact biological resources, such as
clearing and grubbing, the applicant shall comply with all applicable requirements
prescribed in the EastLake III Woods and Vistas Replanning Program Subsequent
Environmental Impact Report SEIR-OI-0l and Mitigation Monitoring and
Reporting Program.
3. Approval of the Eastlake III SPA does not constitute approval of the final lot
configuration and street designs shown within the SPA plan. Modifications may be
made by staff, the Planning Commission or City Council during the tentative
subdivision map process.
4. Install all public facilities in accordance with the EastLake III Public Facilities
Finance Plan, or as required to meet the Growth Management Threshold standards
adopted by the City. The City Engineer may modify the sequence of improvement
construction should conditions change to warrant such a revision.
5 Prior to, or concurrent with approval of the initial final map, enter into an agreement
with the City of Chula Vista guaranteeing the provision of affordable housing units
in accordance with the amended EastLake Comprehensive Affordable Housing
Program.
6. Prior to approval of the first final map, revise the Eastlake III GDP, EastLake III
SPA, EastLake III Planned Community District Regulations, EastLake III Design
Guidelines, EastLake Community Purpose Facility Master Plan, EastLake
Comprehensive Affordable Housing Program and EastLake III Public Facilities
Finance Plan documents, as modified by the City Council, and as deemed
appropriate by City staff to delete strike underline text, references to previous
documents, inconsistencies and other clean-up items before final printing.
7. Prior to approval of the initial final map, submit to the Planning and Building
Department 20 copies of the adopted GDP, SPA, FSEIR, CEQA Findings, and
10
Mitigation Monitoring Program in plastic 3-ring binders. Specific document format,
table of contents binder size, cover and titles shall be as determine by the Director of
Planning and Building Department.
8. Include the maintenance responsibility of the City's Greenbelt system in the
Project's HOA.
9. Prior to the approval of the first final map, submit and obtain approval by the
Director of Planning and Building of a sales disclosure documents for the Woods
West, identifYing the allowable uses in the westerly adjacent Eastlake Business
Center.
10. Prior to approval of the initial final map, prepare, submit and obtain approval by the
Director of Planning and Building of a home owner's manual for neighborhood
WR-l, outlining development parameters and design criteria for accessory
structures encroaching into the privately owned slope banks along the eastern edge
of the Woods neighborhood. The Owner's manual shall address the following items:
1) permitted encroachment into slope banks; 2) minimum separation between
easterly adjacent greenbelt trail; 3) permitted re-grading of slopes; 4) thematic
fencing along the greenbelt trail edge and within the sloped areas; 5), height, design
and treatment of all accessory structures, including decks, retaining walls, landscape
design and any other development standard as determined by the Director of
Planning and Building.
11. Applicant acknowledges that the City is in the process of conducting an Air Quality
Improvement Plan (AQIP) Pilot Study to evaluate various transportation and energy
efficient land use planning and building construction measures for new
development, and that the Project area is part of that Study. The Applicant further
acknowledges that the AQIP Pilot Study will include cost effectiveness and
feasibility analyses of the various measures under consideration, and will result in a
Draft AQIP for the Project recommending which measures should be included in
the Project at the present time.
12. Prior to, or concurrent with approval of the first Tentative Map for the Project,
unless the Director of Planning allows other timing, the draft AQIP must be
considered and acted upon by the Planning Commission and City Council. The
Applicant hereby agrees to implement the final AQIP measures as approved by the
City Council, and to comply and remain in compliance with said AQIP.
13. The Applicant acknowledges that the City Council may, fÌ'om time-to-time, modify
air quality improvement and energy conservation measures related to new
development as various technologies and/or programs change or become available.
The Applicant shall modify the AQIP to incorporate those new measures, which are
11
in effect at the time, prior to or concurrent with each Final Map approval within the
Project. The new measures shall apply, as applicable, 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.
14. The Applicant acknowledges that the City is in the process of developing guidelines
for the preparation of required Water Conservation Plans (WCP), and is conducting
a WCP Pilot Study to evaluate various water conservation measures for new
development beyond those currently mandated, and that the Project area is part of
that Study. The Applicant further acknowledges that the WCP Pilot Study will
include cost effectiveness and feasibility analyses of the various measures under
consideration, and will result in recommending which measures should be included
in the Project at the present time.
15. Prior to or concurrent with approval of the first Tentative Map for the Project, unless
the Director of Planning allows other timing, the Applicant shall have prepared,
submitted and obtained the approval of the Planning Commission and City Council
of a WCP for the Project which incorporates the Pilot Study recommendations. The
Applicant hereby agrees to implement the final WCP measures, as approved by the
City Council, and to comply and remain in compliance with the WCP.
16. The Applicant acknowledges that the City Council may, fÌ'om time-to- time, modify
water conservation measures related to new development as various technologies
and/or programs change or become available. 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 within the Project. 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
17. Prior to approval of the Tentative Map, provide Microsoft Word electronic copy of
the EastLake III GDP, EastLake III SPA, Planned Community District Regulations,
Design Guidelines, and Public Facilities Finance Plan.
18. Prior to approval of the initial final map, revise Exhibits PC-2a through PC-21 to
reflect the property line dimensions approved in the EastLake III Master Tentative
Map.
19. Prior to approval of the initial final map Obtain approval fÌ'om the Otay Water
District of the EastLake III Sub-area Water Master Plan.
20. Add the following paragraph below the first paragraph in Section II.2.3.4, Street
Standards:
"Dimensions shown on all street cross sections and intersection
12
configuration, Exhibit lO-lOf and Exhibit 11, are conceptual.
Modification to these cross sections may be allowed by the City
Engineer and Director of Planning and Building during the tentative or
final map approval process."
21 Comply and remain in compliance with Chapter 17.10, Parklands and Public
Facilities, of the Chula Vista Municipal Code.
22 Design, construct and deliver completed parks facilities to the City in accordance
with the EastLake III Public Facilities Finance Plan (PFFP).
23 The applicant acknowledges and agrees to comply with the City-wide Parks
Master Plan currently in the process of being prepared by the City and to modify
the Project as necessary to comply with said Master Plan.
24 Revise Fencing Section of the EastLake III Design Guidelines to include thematic
fencing along the perimeter of the elementary and middle school exposed to
public right-of-way and open space. Include specific language, satisfactory to the
Director of Planning and Building, indicating that all thematic fences along the
exposed edges of the two school facilities shall be located within open space lots
or easement, 10ft fÌ'om property lines along street edges, and maintained by the
EastLake III Homeowners Association or other acceptable financing mechanism
acceptable to the City, as determined by the Director of Planning and Building.
25 The applicant acknowledges and agrees to comply with the provisions of the City-
wide Greenbelt Trails Master Plan currently in the process of being prepared by
the City and modifY the project as necessary to comply and remain in compliance
with the adopted Greenbelt Trails Master Plan.
26 Prior to approval of any Tentative Map for the Project, enter into an agreement to
construct within the timefÌ'ame determined by the City, the City's greenbelt trail
along the eastem edge of the Vistas and Woods neighborhood and along the East
side of the Salt Creek open space Corridor, as identified in the trails plan of the
EastLake III SPA. Final Greenbelt design, alignment and construction details,
including fencing signage and view point amenities, shall be subject to approval by
the Directors of Parks and Recreation and Planning and Building.
27 Comply with and remain in compliance with all City ordinances, policies and rules
and all federal and state laws, requirements, permits and approvals required for this
Project.
13
VIII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, and any of such conditions fail to be so
implemented and maintained according to the their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny or further condition issuance of shall
future building permits, deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted, instituted and prosecute litigate or
compel their compliance or seek damages for their violations. No vested rights are gained
by Developer or successor in interest by the City approval of this Resolution.
IX. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption ofthis Resolution is dependent upon
enforceability of each and every term provision and condition herein stated; and that in the
event that anyone or more terms, provisions or conditions are determined by the Court of
competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its
sole discretion, this resolution shall be deemed to be revoked and no further in force or in
effect.
Presented By: Approved as to form by:
CL ~ahi:'-
Robert A. Leiter
Director of Planning City Attorney
H:lAttomeyIPCM-OI-26 ccres.ELlIIGDP-SPA rev3
14
COUNCil AGENDA STATEMENT
Item q
Meeting Date '"Iy 17 7001
ITEM TITLE: PUBLIC HEARING: Regarding the Proposed Assessment of
Certain Delinquent Sewer Service Charges as Liens Upon the
Respective Owner Occupied Parcels of land and Placement of
Delinquent Charges on the Next Regular Tax Bill for Collection
RESOLUTION No. Assessing Delinquent Sewer
Service Charges as Liens Upon the Respective Owner Occupied
Parcels of land and Approving Placement of Delinquent Charges
on the Next Regular Tax Bill
SUBMITTED BY: Deputy City Manager Powell V
REVIEWED BY: City Manager ./,L/ (415ths Vote: Yes ~No-X-)
9&-
In order to adequately protect the City's interest in delinquent sewer service charges
and insure that collection efforts are directed towards the responsible property owner
in the event of a change in ownership, staff is recommending approval for liens
against affected properties as a preliminary action to replacing the delinquencies on
the property tax rolls if they remain unpaid. This is the identical process approved by
City Council in August and November 1998, April and August 1999, and August
2000.
RECOMMENDATION: That Council open the public hearing to consider assessing
delinquent sewer service charges as liens on the affected
properties, consider all testimony, and adopt the resolution
overruling all protests and assessing these charges as liens
upon the respective owner occupied parcels of land.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION:
The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service
charges to be assessed as liens upon the affected properties and ultimately placed on
the property tax bills for collection. The ordinance states that upon notification of the
property owners, a public hearing is set for sewer service accounts which are over
sixty days of delinquent. At the hearing the City Council considers the delinquent
accounts together with any objections or protests by interested parties. At the
-- -~ ------"~-------------
Page 2, Item-
Meeting Date '"ly 17 7001
conclusion of the hearing, the City Council, may either approve the delinquency and
amount owed on the accounts as submitted or as modified or corrected by the City
Council. Lastly, the City Council adopts a resolution assessing such amounts as liens
upon the respective parcels of land, and the amounts are charged to the property
owners on the next regular property tax bill.
A recent California Supreme Court ruling has affected our ability to lien properties for
tenant delinquencies. At this point, staff is requesting to place liens on owner
occupied properties only and will return with alternative collection procedures for the
delinquent sewer service charges related to tenant occupied properties.
In prior years, City Council approved assessing midyear liens to better insure the
City's chances of collection, but due to delays in obtaining property ownership
information, staff was unable to generate midyear liens for FY 00-01. Staff has
currently identified 234 owner occupied accounts totaling $64,873.34 as being over
60 days delinquent (listing available at the City Clerk's office).
These property owners have been notified of their delinquencies, and two weeks ago,
they were notified of the public hearing and were asked to pay their delinquent sewer
service charges by July 16, 2001 to avoid a lien being placed on their property.
Payment arrangements will be set up as needed, and staff will continue to update
this list as payments are received and accounts are cleared, A final list will be
submitted to the City Council for consideration as soon as all payments are recorded.
Staff is recommending that the City Council approve the final list of delinquent sewer
accounts as submitted, and that these charges be forwarded to the County and
assessed as liens on the respective owner occupied parcels of land and ultimately
placed on the next regular tax bill for collection.
FISCAL IMPACT:
By placing delinquent sewer service charges on the property owner's regular tax bill,
over $48,500 in additional sewer fund revenues have been recovered for FY 00-01.
For FY 01-02, an estimated $29,000 in additional sewer fund revenues should be
recognized from these collection methods. This reduction in revenue collection is
due to the inability to place liens for tenant delinquencies. Although the lien process
is the most effective means of collection, alternative methods will be recommended
based on their success and cost effectiveness
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ASSESSING DELINQUENT SEWER
SERVICE CHARGES AS LIENS UPON THE RESPECTIVE
PARCELS OF LAND AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX
BILL
WHEREAS, on June 23, 1998, the City Council approved
Ordinance No. 2736 amending Section 13.14.150 of the Chula Vista
Municipal Code to allow delinquent sewer service charges to be
placed on the property tax bill for collection; and
WHEREAS, the ordinance states upon notification of the
property owners, a public hearing is set for sewer service
accounts which are over sixty days delinquent; and
WHEREAS, at the hearing, the City Council is to
consider the delinquent accounts together with any objections or
protests by interested parties; and
WHEREAS, at the conclusion of the hearing, the City
council may either approve the delinquency and amount owed on
the accounts as submitted or as modified or corrected by the
city Council; and
WHEREAS, a public hearing on delinquent assessments
was properly noticed for July 17, 2001, at which all protests or
objections presented were considered by the City Council; and
WHEREAS, staff is recommending that the City council
approve the final listing of delinquent sewer serV1.ce accounts
as submitted and that these charges be forwarded to the County
for placement on the next regular tax bill for collection; and
WHEREAS, any delinquent accounts that are cleared by
July 16, 2001, as a result of the public hearing set for July
17, 2001, will be removed from the list prior to the submittal
of these charges to the County.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby (1) overrule any and all
protests or objections presented at the public hearing and (2)
approve, with respect to the delinquent account list presented
by staff and on file in the office of the city Clerk, assessing
delinquent sewer service charges as liens upon the respective
parcels of land and the placement of such delinquent charges on
the next corresponding regular tax bill unless cleared by July
16, 2001.
Presented by Approved as to form by
Robert Powell
Deputy city Manager
J, \attorney\reso\sewer. delinquency
-..-
_. ._. ..--.-..-----..---...----.-----.--...--.--
CITY COUNCIL AGENDA STATEMENT
Item:~
Meeting Date: July 10, 2001
ITEM TITLE: PUBLIC HEARING: Consideration of the Final Subsequent
Environmental Impact Report (EIR 01-01) and its attendant
Addendum, California Environmental Quality Act (CEQA)
Findings of Fact, Statement of Overriding Considerations and
Mitigation Monitoring and Reporting Program for the EastLake III
Replanning Program
RESOLUTION EIR-OI-0l: Resolution of the City Council of
Chula Vista Certifying the Final Subsequent Environmental Impact
Report (FEIR 01-01) for the EastLake III Woods and Vistas Re-
Planning program with its attendant Addendum; making certain
Findings of Fact; Adopting a Statement of Overriding
Considerations; and Adopting a Mitigation Monitoring and
Reporting program Pursuant to the California Environmental
Q<>oIity Act ~
SUBMITTED BY: Director of Planning and Buildin
C(i/
REVIEWED BY: City Manager {r' orV (4/5ths Vote: Yes_No-.-J
Consideration of a Final Subsequent Environmental Impact Report (SEIR) for the
EastLake III Woods and Vistas Re-Planning Program and its attendant Addendum.
Pursuant to the California Environmental Quality Act, a Subsequent EIR has been
prepared for the EastLake III project, which analyzes the environmental impacts of the
proposed project. City Council action on the certification of the SEIR must be taken
prior to action on the EastLake III project. The Subsequent EIR for EastLake III must be
considered by the City Council in making the decision on the project.
RECOMMENDATION:
That the City Council adopt the Resolution certifying the Final EIR and and its attendant
Addendum, adopt CEQA Findings of Fact, statement of Overriding Considerations, and
Mitigation Monitoring and Reporting Program.
BOARD/COMMISSION RECOMMENDATIONS:
Planning Commission
The Planning Commission met on June 27, 2001 and at that time adopted Resolution
Number EIR 01-01 certifying the Final EIR and its attendant Addendum, and adopting
the CEQA Findings of Fact, Statement of Overriding Considerations, and the Mitigation
Monitoring and Reporting Program.
/ó-/
Page 2, Item /0
Meeting Date: July 10, 2001
The Commission asked questions regarding mitigation for cumulative traffic impacts,
views of project development from Otay Reservoir, provisions for affordable housing,
project recreational features, and the relationship between school capacity and new
students projected to be generated by the project. Based on information contained in the
Final SEIR and the proposed EastLake ill General Development Plan (GDP) amendment
and Sectional Planning Area (SPA) Plan for the Woods and the Vistas, (both of which are
part of the EastLake ill Re-Planning Program), staff responded to all questions raised by
the Planning Commission.
Resource Conservation Commission
The RCC determined that the Final SEIR and Addendum are adequate and complete, and
recommended certification of the Final SEIR and approval of the Addendum.
DISCUSSION:
Proposed Proiect
The purpose of the proposed project is to replan the land use distribution for EastLake III
through a General Development Plan (GDP) amendment, and to adopt a Sectional
Planning Area (SPA) Plan for the Woods and Vistas with associated regulatory
documents. Related actions include adoption of amendments to the General Plan Land
Use and Circulation Elements and the EastLake II GDP. A conceptual tentative map for
the Woods and Vistas is also evaluated in the SEIR, although it is not being considered
for approval at this time.
Subsequent EIR Requirement
This document is a "Subsequent EIR," which means that it is tiered off previously
prepared EIRs. The EastLake III project area has been previously addressed in several
environmental documents, including the original Master EIR for EastLake (EIR 81-3);
EIRs for EastLake I GDP (84-1), EastLake ill Olympic Training Center (89-9); and
EastLake Business Center II Annexation Mitigated Negative Declaration (00-33).
Comments on the Draft Subsequent EIR
Letters of comment were received on the Draft SEIR from the following agencies and
organizations:
Federal Aviation Committee (FAA
California Department of Transportation
California Department of Fish and Game
California Department of Toxic Substances Control
City of San Diego
San Diego County Archaeological Society (SDCAC
Sweetwater Valley Civic Association
/ð-~
Page 3, Item ItJ
Meeting Date: July 10, 2001
The letters and responses are included in the Final SEIR. Also included are the minutes
from the Planning Commission public hearing on the Draft EIR and related responses to
the Commission's comments.
Additional Revisions to Draft SubseQuent EIR
Several corrections have been made to the Draft SEIR. The Final SEIR reflects the
corrected information. None of the corrections resulted in modifications to conclusions
regarding the significance of impacts. The Errata in the Final SEIR summarizes the
corrections and related revisions.
Narrow Endemic Surveys
Seasonal fluctuations in narrow endemic plant species such as Otay tarplant are expected
to occur. Greater numbers of individuals may occur in some years while reduced
numbers may occur in other years. Because there is no way to identify a predictable
count of individuals, the mitigation measure in the Final SEIR has been modified as
described to require mitigation based on the results of a spring survey conducted prior to
issuance of any grading permit or the clearing, grubbing, cutting or removal of
vegetation, whichever comes first. Furthermore, in no event shall mitigation be based on
less than 32 individuals.
The applicant conducted a spring survey of Otay tarplant during June 2001. Preliminary
results indicate that a greater number of tarplant individuals were observed during the
2001 survey than the survey conducted for the Draft EIR. All of the individuals were
located in the same area as in the earlier survey and the area of impact is not expanded.
Based on preliminary results of the June 2001 survey, a greater number of individuals
would be impacted by the project than the 32 individuals identified in the Draft SEIR.
However, the impact would still fall below the 20 percent take provision of the City's
Multiple Species Conservation Plan.
Findings of the Final SubseQuent EIR
Project level and cumulative impacts are identified and divided into three categories: 1)
significant and unmitigable to a less-than-significant level, 2) significant and mitigable,
and 3) less than significant.
All feasible mitigation measures have been incorporated into the project or made
conditions of approva1. Feasible mitigation measures are those that are capable of being
implemented. If they are infeasible, they cannot be implemented. A more detailed
analysis of some measures will be required at the time of approval of the tentative map or
grading plan, (such as noise and geological mitigation measures).
In order to approve the proposed project, a Statement of Overriding Considerations must
be adopted. The Statement of Overriding Considerations identifies the substantial social,
/0 -..5
Page 4, Item !!....
Meeting Date: July 10, 2001
environmental and economic benefits that warrant overriding the significant, unmitigable
impacts. This Statement allows the City to approve a project with significant
environmental impacts that cannot be mitigated. The Statement of Overriding
Considerations is part of the proposed "Findings of Fact."
The impact conclusions summarized below are based on the Final SEIR for the proposed
project and previous EIRs. With the exception of cumulative traffic, air quality and
landform alteration/visual quality, all significant impact can be feasibly mitigated to less
than significant.
Significant and Not Mitigable
The significant, unmitigable impacts identified in the Final SEIR are either cumulative or
regional in nature. Cumulative impacts are significant when the project is combined with
other projects in the subregion, whereas an impact that is regional in nature is beyond the
sole control of the City of Chula Vista. The reasons for the determination of significant
and unmitigable are discussed below:
TransportationlTraffic Circulation (cumulative)
For the years 2005, 2010, 2015 and 2020, and the buildout scenario, significant
cumulative impacts are identified for 1-805, between Bonita Road and Telegraph
Canyon Road. The mitigation for these impacts is continued freeway planning
efforts by Caltrans and SANDAG to determine acceptable mitigation strategies
for the regional freeway system. Freeway improvements are regional in nature
and beyond the control of either a single developer or the City. Therefore, the
impacts to freeways are considered cumulatively significant and cannot be fully
mitigated to a level of less than significant.
Air Quality (construction, project, and cumulative)
The proposed project will generate air pollutants during construction as well as
during long-term operation. Pollutants in the San Diego Air Basin exceed federal
and state standards, and the basin is therefore classified as non-attainment. Any
incremental increase in pollution, therefore, is considered a significant impact.
The regional impact of the proposed project is beyond the control of the City and
the applicant, and cannot be mitigated to a level less than significant.
Landform AlterationlVisual Quality (cumulative)
The proposed project, along with other development, will alter existing landforms
and modify the existing visual setting. Open expanses of rolling hills used for
agricultural purposes will be developed with clustered residential, commercial and
business areas separated by open space. The combined conversion of open space
from these projects represents a significant impact. Implementation of an
/0 ~ 'I'
Page 5, Item /0
Meeting Date: July 10,2001
alternative with reduced impacts is considered infeasible for specific economic,
social, and environmental reasons.
As a result, to approve the proposed project, the City must adopt a Statement of
Overriding Considerations pursuant to CEQA Guidelines Sections 15043 and 15093, (see
Section XI of the CEQA Findings).
Significant Impacts Mitigated to Less-Than-Significant
Impacts in the following categories for the EastLake III Replanning Program can be
mitigated to a level below significance with implementation of mitigation measures
Land Use (project)
TransportationlTraffic Circulation (project and cumulative)
Biological Resources (project)
Hydrology/Drainage (project)
Landform AlterationlVisual Quality (project)
Geology/Geologic Hazards (project)
Noise (project)
Cultural Resources/PaleontologicaJ Resources (project)
Public Facilities
Water (project)
Recycled Water (project)
Sewer (project and cumulative)
Educational Facilities (project)
Parks and Recreation (project)
Police (project)
Fire Protection (project)
Subsequent EIR Addendum
An Addendum to the subject Final Subsequent EIR has been prepared in accordance with
Section 15164 of the CEQA Guidelines. The Addendum provides additional information
and analysis concerning traffic impacts from the project. The Addendum was required
for the following reasons. The traffic analysis in the Final Subsequent EIR is based in
part on development according to proposed amendments to the Otay Ranch GDP
pertaining to land use and circulation. However, the proposed amendments have not yet
been considered for adoption. A traffic model was run recently to determine the potential
traffic impacts that would occur from EastLake III if the adopted Otay Ranch GDP were
implemented instead of the proposed Otay Ranch GDP amendments. Analysis of the
model indicates that traffic volumes and impacts occurring from the EastLake III project
would be the same or less if the adopted Otay Ranch GDP was implemented instead of
the proposed Otay Ranch GDP amendments.
/0 ~ 5"
Page 6, Item/O
Meeting Date: July 10, 2001
CONCLUSION:
All feasible mitigation measures with respect to project impacts have been included in the
Final SEIR. Most direct and cumulative impacts can be mitigable to a level of less than
significant, provided these measures are adopted. However, unmitigable direct and
cumulative impacts remain in the areas of air quality, and cumulative unmitigable
impacts remain in the areas of I-80S traffic and landform alteration/visual quality. In the
case of air quality and 1-805 traffic impacts, the issues are regional in nature and beyond
the control of either the applicant or the City. In the case of the cumulative landform
alteration/visual quality impacts, the opportunity to achieve substantial social, economic,
and environmental benefits that outweigh the impact. Therefore, staff has included a
Statement of Overriding Considerations in the Findings of Fact.
The City has examined a reasonable range of alternatives (two alternatives) to the
proposed project, other than the proposed project described in the Final SEIR. Based on
this examination, the City has determined that neither of the alternatives (1) meets the
project objectives, and/or (2) is environmentally preferable to the project.
FISCAL IMP ACTS:
All costs associated with preparation of the environmental documents have been paid by
the project applicant.
Attachments: I. Final Subsequent ErR 01-01
A. Revised EIR Text
B. Comments and Responses
C. Errata
D. Addendum to the Final EIR
E. Mitigation Monitoring and Reporting Program
2. City Council Resolution EIR 01-01
3. Findings of Fact and Statement of Overriding Considerations
4. Planning Commission Resolution EIR 01-01
RESOLUTION NO. EIR 01-01
RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA
CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT
(FEIR 01-01) FOR THE EAST ALKE ill WOODS AND VISTAS RE-PLANNING
PROGRAM WITH ITS ATTENDANT ADDENDUM; MAKING CERTAIN
FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS; AND ADOPTING A MITIGATION MONITORING AND
REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, the EastLake Company submitted an application requesting
approvals for amendments to the City of Chula Vista General Plan and EastLake ill
General Development Plan, and approval of a Sectional Planning Area Plan for the
EastLake Woods and Vistas Neighborhoods ("Project")'; and
WHEREAS, a Draft EIR 01-01 was issued for public review on March 9, 2001 as
was processed through the State Clearinghouse; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public
hearing for Draft EIR 01-01 on April 25, 2001;
WHEREAS, a Final Subsequent Environmental Impact Report (FEIR 01-01) was
prepared on the EastLake ill Woods and Vistas Replanning Program; and
WHEREAS, FEIR 01-01 incorporates, by reference, the prior EIRs that address
the subject property including the Master EIR for EastLake (EIR 81-3, certified by the
City Council in February 1982) and the EIR and Supplemental EIR for EastLake III
Olympic Training Center (89-9, certified by the Chula Vista City Council in August,
1989) as well as their associated Findings of Fact and Mitigation Monitoring and
Reporting Programs; and
WHEREAS, to the extent that the Findings of Fact and the Statement of
Overriding Considerations for the Project, Exhibit "A" of this Resolution, a copy of
which is on file in the office of the City Clerk, known as Document Number,
, conclude that proposed mitigation measures outlined in Final EIR 01-01
are feasible and have not been modified, superseded or withdrawn, the City of Chula
Vista hereby binds itself and the Applicant and its successors in interest, to implement
those measures. These findings are not merely information or advisory, but constitute a
binding set of obligations that will come into effect when the City adopts the resolution
approving the project. The adopted mitigation measures contained within the Mitigation
Monitoring and Reporting Program, Exhibit "B" of this Resolution, a copy of which is on
file in the office of the City Clerk, known as Document Number , are express
conditions of approval. Other requirements are referenced in the Mitigation Monitoring
and Reporting Program adopted concurrently with these Findings of Fact and will be
effectuated through the process of implementing the Project.
/û-
Resolution
Page 2
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the
City of Chula Vista does hereby find, determine, resolve and order as follows:
1. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at
their public hearings on Draft EIR 01-01 held on April 25, 2001, their public
hearing on this project held on June 27, 2001, and the minutes and resolutions
resulting therefrom, are hereby incorporated into the record of this proceeding.
These documents, along with any documents submitted to the decision-makers,
including documents specified in Public Resources Code Section 21167.6,
subdivision(s), shall comprise the entire record of proceedings for any claims
under the Califomia Environmental Quality Act ("CEQA") (Public Resources
Code §21000 et seq.).
II. FEIR 01-01 CONTENTS
That the FEIR 01-01 consists of the following:
1. Subsequent EIR for the EastLake III Woods and Vistas Re-planning Program
(including technical appendices) and an Addendum; and
2. Public Comments and Responses to Comment
(All hereafter collectively referred to as "FEIR 01-01")
III. ACCOMPANYING DOCUMENTS TO FEIR 01-01
1. Mitigation Monitoring and Reporting Program; and
2. Findings of Fact and Statement of Overriding Considerations
IV. CERTIFICATION OF COMPIANCE WITH CALIFORNIA
ENVIRONMENTAL QUALITY ACT
That the City Council does hereby find that FEIR 01-01, the Findings of Fact and
the Statement of Overriding Considerations (Exhibit "A" to this Resolution, know
as Document Number -), and the Mitigation Monitoring and Reporting
Program (Exhibit "B" to this Resolution, known as Document Number -) are
prepared in accordance with the requirement of CEQA (Pub. Resources Code,
§21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et
seq.), and the Environmental Review Procedures of the City of Chula Vista.
V. INDEPENDENT JUDGEMENT OF CITY COUNCIL
/fJ - 8
Resolution
Page 3
That the City Council finds that the FEIR 01-01 reflects the independent judgment
of the City of Chula Vista City Council.
VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPOTING
PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS
A. Adoption of Findings of Fact
The City Council does hereby approve, accepts as its own, incorporate as
if set forth in full herein, and make each and everyone of the findings
contained in the Findings of Fact, Exhibit "A" of this Resolution, known
as Document Number -, a copy of which is on file in the office of the
City Clerk.
B. Statement of Overriding Considerations
Even after the adoption of all feasible mitigation measures and any
feasible alternatives, certain significant or potentially significant
environmental effects caused by the project, or cumulatively, will remain.
Therefore, the City Council of the City of Chula Vista hereby issues,
pursuant to CEQA Guidelines Section 15093, a Statement of Overriding
Considerations in the form set forth in Exhibit "A," known as Document
Number -, a copy of which is on file in the office of the City Clerk,
identifying the specific economic, social and other considerations that
render the unavoidable significant adverse environmental effects
acceptable.
C. Certain Mitigation Measures Feasible and Adopted
As more fully identified and set forth in FEIR 01-01 and in the Findings of
Fact for this project, which is Exhibit "A" to this Resolution, known as
Document No. -, a copy of which is on file in the office of the City
Clerk, the City Council hereby finds pursuant to Public Resources Code
Section 21081 and CEQA Guidelines Section 15091 that the mitigation
measures described in the above referenced documents are feasible and
will become binding upon the entity (such as the project proponent or the
City) assigned thereby to implement the same.
D. Infeasibility of Mitigation Measures
As more fully identified and set forth in FEIR 01-01 and in the Findings of
Fact for this project, which is Exhibit "A" to this Resolution, known as
Document Number -, a copy of which is on file in the office of the
City Clerk, certain mitigation measures described in the above-referenced
documents are infeasible.
/tJ ~ c¡
Resolution
Page 4
E. Infeasibility of Altematives
As more fully identified and set forth in FEIR 01-01 and in the Findings of
Fact, Section XII, for this project, which is Exhibit "A" to this Resolution,
known as Document Number -, a copy of which is on file in the office
of the City Clerk, the City Council hereby finds pursuant to Public
Resources Code Section 21081 and CEQA Guidelines Section 15091 that
altematives to the project, which were identified as potentially feasible in
FEIR 01-01, were not found to be feasible.
F. Adoption of Mitigation Monitoring and Reporting Program
As required by the Public Resources Code Section 21081.6, the City
Council adopts the Mitigation Monitoring and Reporting Program
("Program") set forth in Exhibit "B" of this Resolution, known as
Document Number -, a copy of which is on file in the office of the
City Clerk. The City Council hereby finds that the Program is designed to
ensure that, during project implementation, the permittee/project applicant
and any other responsible parties implement the project components and
comply with the feasible mitigation measure identified in the Findings of
Fact and the Program.
VII. NOTICE OF DETERMINATION
That the Environmental Review Coordinator of the City of Chula Vista is directed
after City Council approval of this Project to ensure that a Notice of
Determination is filed with the County Clerk of the County of San Diego. These
documents, along with any documents submitted to the decision-makers,
including documents specified in Public Resources Code Section 21167.6,
subdivision(s), shall comprise the entire record of proceedings for any claims
under the Califomia Environmental Quality Act ("CEQA") (Public Resources
Code §21O00 et seq.).
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 10th day of July, 2001, by the following vote, to-
wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
/0 -//)
Resolution
Page 5
Shirley Horton, Mayor
ATTEST:
Susan Bigelow, City Clerk
State of California >
County of San Diego>
City of Chula Vista >
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. - was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 10th day of July,
2001.
Executed this 10th day of July, 2001.
Susan Bigelow, City Clerk
Exhibit A Findings of Fact and Statement of Overriding Considerations
Exhibit B Mitigation Monitoring and Reporting Program
/tJ --/1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA
CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT
(FEIR 01-01) FOR THE EASTALKE III WOODS AND VISTAS RE-PLANNING
PROGRAM WITH ITS ATTENDANT ADDENDUM; MAKING CERTAIN
FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS; AND ADOPTING A MITIGATION MONITORING AND
REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, the EastLake Company submitted an application requesting
approvals for amendments to the City of Chula Vista General Plan and EastLake III
General Development Plan, and approval of a Secti'onal Planning Area Plan for the
EastLake Woods and Vistas Neighborhoods ("Project"); and
WHEREAS, a Draft EIR 01-01 was issued for public review on March 9,2001 as
was processed through the State Clearinghouse; and
WHEREAS, the Chula Vista Planning Commissìon held a duly noticed public
hearing for Draft EIR 01-01 on April 25, 2001;
WHEREAS, a Final Subsequent Environmental Impact Report (FEIR 01-01) was
prepared on the EastLake III Woods and Vistas Replanning Program; and
WHEREAS, FEIR 01-01 incorporates, by reference, the prior EIRs that address
the subject property including the Master EIR for EastLake (EIR 81-3, certified by the
City Council in February 1982) and the EIR and Supplemental EIR for EastLake III
Olympic Training Center (89-9, certified by the Chula Vista City Council in August,
1989) as well as their associated Findings of Fact and Mitigation Monitoring and
Reporting Programs; and
WHEREAS, to the extent that the Findings of Fact and the Statement of
Overriding Considerations for the Project, Exhibit "A" of this Resolution, a copy of
which is on file in the office of the City Clerk, known as Document Number,
, conclude that proposed mitigation measures outlined in Final EIR 01-01
are feasible and have not been modified, superseded or withdrawn, the City of Chula
Vista hereby binds itself and the Applicant and its successors in interest, to implement
those measures. These findings are not merely information or advisory, but constitute a
binding set of obligations that will come into effect when the City adopts the resolution
approving the project. The adopted mitigation measures contained within the Mitigation
Monitoring and Reporting Program, Exhibit "B" of this Resolution, a copy of which is on
file in the office of the City Clerk, known as Document Number , are express
conditions of approval. Other requirements are referenced in the Mitigation Monitoring
/ò -/.;z
Resolution
Page 2
and Reporting Program adopted conculTently with these Findings of Fact and will be
effectuated through the process of implementing the Project.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the
City ofChula Vista does hereby find, determine, resolve and order as follows:
1. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at
their public hearings on Draft EIR 01-01 held on April 25, 2001, their public
hearing on this project held on June 27, 2001, and the minutes and resolutions
resulting therefrom, are hereby incorporated into the record of this proceeding.
These documents, along with any documents submitted to the decision-makers,
including documents specified in Public Resources Code Section 21167.6,
subdivision(s), shall comprise the entire record of proceedings for any claims
under the California Environmental Quality Act ("CEQA") (Public Resources
Code §2l000 et seq.).
II. FEIR 01-01 CONTENTS
That the FEIR 01-01 consists of the following:
I. Subsequent EIR for the EastLake III Woods and Vistas Re-planning Program
(including technical appendices) and an Addendum; and
2. Public Comments and Responses to Comment
(All hereafter collectively referred to as "FEIR 01-0 I")
III. ACCOMPANYING DOCUMENTS TO FEIR 01-01
1. Mitigation Monitoring and Reporting Program; and
2. Findings of Fact and Statement of Overriding Considerations
IV. CERTIFICATION OF COMPIANCE WITH CALIFORNIA
ENVIRONMENTAL QUALITY ACT
That the City Council does hereby find that FEIR 01-01, the Findings of Fact and
the Statement of Overriding Considerations (Exhibit "A" to this Resolution, know
as Document Number ~, and the Mitigation Monitoring and Reporting
Program (Exhibit "B" to this Resolution, known as Document Number ~ are
prepared in accordance with the requirement of CEQA (Pub. Resources Code,
§21000 et seq.), the CEQA Guidelines (Califomia Code Regs. Title 14 §15000 et
seq.), and the Environmental Review Procedures of the City ofChula Vista.
IlJ
Resolution
Page 3
V. INDEPENDENT JUDGEMENT OF CITY COUNCIL
That the City Council finds that the FEIR 01-01 reflects the independent judgment
of the City ofChula Vista City Council.
VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPOTING
PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS
A. Adoption of Findings of Fact
The City Council does hereby approve, accepts as its own, incorporate as
if set forth in fuI-l herein, and make each and every one of the findings
contained in the Findings of Fact, Exhibit "A" of this Resolution, known
as Document Number -' a copy of which is on file in the office of the
City Clerk.
B. Statement of Overriding Considerations
Even after the adoption of all feasible mitigation measures and any
feasible alternatives, certain significant or potentially significant
environmental effects caused by the project, or cumulatively, will remain.
Therefore, the City Council of the City of Chula Vista hereby issues,
pursuant to CEQA Guidelines Section 15093, a Statement of Overriding
Considerations in the form set forth in Exhibit "A," known as Document
Number --------'--, a copy of which is on file in the office of the City Clerk,
identifying the specific economic, social and other considerations that
render the unavoidable significant adverse environmental effects
acceptable.
C. Certain Mitigation Measures Feasible and Adopted
As more fully identified and set forth in FEIR 01-01 and in the Findings of
Fact for this project, which is Exhibit "A" to this Resolution, known as
Document No. -' a copy of which is on file in the office of the City
Clerk, the City Council hereby finds pursuant to Public Resources Code
Section 21081 and CEQA Guidelines Section 15091 that the mitigation
measures described in the above referenced documents are feasible and
will become binding upon the entity (such as the project proponent or the
City) assigned thereby to implement the same.
D. Infeasibility of Mitigation Measures
As more fully identified and set forth in FEIR 01-01 and in the Findings of
Fact for this project, which is Exhibit "A" to this Resolution, known as
Document Number -' a copy of which is on file in the office of the
/0 -
Resolution
Page 4
City Clerk, certain mitigation measures described in the above-referenced
documents are infeasible.
E. Infeasibility of Alternatives
As more fully identified and set forth in FEIR 01-01 and in the Findings of
Fact, Section XII, for this project, which is Exhibit "A" to this Resolution,
known as Document Number -' a copy of which is on file in the office
of the City Clerk, the City Council hereby finds pursuant to Public
Resources Code Section 21081 and CEQA Guidelines Section 15091 that
alternatives to the project, which were identified as potentially feasible in
FEIR 01-01, were not found to be feasible.
F. Adoption of Mitigation Monitoring and Reporting Program
As required by the Public Resources Code Section 21081.6, the City
Council adopts the Mitigation Monitoring and Reporting Program
("Program") set forth in Exhibit "B" of this Resolution, known as
Document Number -' a copy of which is on file in the office of the
City Clerk. The City Council hereby finds that the Program is designed to
ensure that, during project implementation, the permittee/project applicant
and any other responsible parties implement the project components and
comply with the feasible mitigation measure identified in the Findings of
Fact and the Program.
VII. NOTICE OF DETERMINATION
That the Environmental Review Coordinator of the City of Chula Vista is directed
after City Council approval of this Project to ensure that a Notice of
Determination is filed with the County Clerk of the County of San Diego. These
documents, along with any documents submitted to the decision-makers,
including documents specified in Public Resources Code Section 21167.6,
subdivision(s), shall comprise the entire record of proceedings for any claims
under the California Environmental Quality Act ("CEQA") (Public Resources
Code §21000 et seq.).
Presented by Approved as to form by
0- V~ tr~
Robert A. Leiter John M. Kaheny
Director of Planning & Building City Attomey
/0
Resolution
Page 5
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 10th day of July 2001, by the following vote:
AYES: Councilmembers: Davis, Moot, Padilla, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
ShIrley Horton, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing
Resolution No. 19572 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 10th day of July 2001.
Executed this 10tltdayofJuly2001.
Susan Bigelow, City Clerk
Exhibit A Findings of Fact and Statement of Overriding Considerations
Exhibit B Mitigation Monitoring and Reporting Program
(H,'Cìty Clerk\ResolEL III Reso.doc)
/0
Council Agenda Statement
Item: {O
-
Meeting Date: July 17, 2001
Item Title: Report - Recommending the adoption of a Lobbying
Ordinance in the City of Chula Vista
Submitted by: Board of Ethics k-c
Reviewed by: City Manager 4/5ths Vote: ( ) Yes (X) No
BACKGROUND:
At the Council meeting of March 6, 2001, Councilmember Salas
referred a matter to the Board of Ethics requesting the Board
consider whether the City of Chula Vista would benefit from
adopting a Lobbying Ordinance.
On May 15, 2001 the Board met at a regularly scheduled meeting to
discuss the referred item. The Board held discussions regarding
adoption of such an ordinance and tooK the matter under submission.
On June 12, 2001, the Board met and after further discussions and
consideration of the matter does hereby recommend that this Council
adopt a Lobbying Ordinance similar to the attached City of San
Diego ordinance requiring individuals acting as Municipal Lobbyists
to register and submit a financial disclosure.
BOARD RECOMMENDATION:
The Board of Ethics recommends that Council consider adopting a
Lobbying Ordinance similar to the City of San Diego's Lobbyist
Ordinance and that the City Attorney be directed to prepare an
ordinance for further Council consideration at a later date.
FISCAL IMPACT:
None at this time.
1
IO~
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San Diego Municipal Code Chapter 2: Government
(6-2000)
Article 7: Elections, Campaign Finance and Lobbying
Division 40: Municipal Lobbying
("Municipal Lobbying" added 5-18-1998 by 0-18511 NS.)
§27.4001 Purpose
The purpose ofthis division is to provide registration and disclosure requirements
whereby individuals acting as Municipal Lobbyists are required to register with the
City. The purpose oftegistration is to require Lobbyists to provide sufficient
information so that complete disclosure of principals and Clients they represent may
become public information for the benefit of the City Council and the general public.
This division is not intended to discourage or prohibit the exercise of constitutional
rights.
(Amended 12-7-1998 by 0-18606 N.S)
§27.4002 Definitions
All defmed terms in this division appear in italics. The first letter of each term defmed
in this division is capitalized. Unless the context otherwise indicates, the defmed terms
have the meanings set forth below.
"Activity Expense" means any Payment made to, or benefitting, any City Official made
by a Lobbyist. An Activity Expense benefits a City Official if it is made to, or on
behalf of, the City Official. An Activity Expense includes gifts provided to the City
Official's spouse or dependent child if the City Official receives benefits fÌom the gift
or exercises control or discretion over the use or disposal of the gift- "Activity
Expenses" include gifts, meals, honoraria, consulting fees, salaries and any other form
of Compensation, but do not include campaign contributions.
"Agent" means a Person who acts on behalf of any other Person. "Agent" includes a
Person who acts on behalf of a Lobbyist.
"City" means the City of San Diego or any organizational subdivision, office, or board
of the City.
"City Board" includes the boards of directors of all City agencies, and any board,
commission, committee, or task force ofthe City established by action ofthe City
Council under authority of the City Charter, Municipal Code or Council resolution.
Ch. Arl. 0;,.
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"City Official" includes:
(a) any elected or appointed City officeholder, including any City officeholder
elected but not yet sworn in, City Board member, or employee of the City or
any City agency, who, as part ofhis or her official duties, participates in the
consideration of any Municipal Decision other than in a purely clerical,
secretarial or ministerial capacity;
(b) City Council members acting in their capacity as Housing Authority and
Redevelopment Agency officers; and
(c) any consultants of this City who are required to file a statement of economic
interest pursuant to any conflict of interest code adopted by the City Council.
"Client" means
(a) a Person who compensates a Lobbyist, including an In-House Lobbyist, for the
purpose of Influencing a Municipal Decision; or
(b) a Person on whose behalf a Lobbyist makes attempts at Influencing a
Municipal Decision.
"Committee" has the same meaning as that set forth in California Government Code
Section 82013.
"Compensated Services" means Lobbying activities for which Compensation was paid
during a reporting period or for which the Lobbyist became entitled to Compensation
during that period.
"Compensation" means any economic consideration for services rendered, other than
reimbursement for Travel Expenses.
"Contract" includes but is not limited to written contracts, agreements, memoranda of
understanding, and similar writings that set forth transactions involving personal
property, real property, intellectual property, personal services, consultant services,
public works, or insurance. For purposes of this division, "contract" and
"agreement" are synonymous. The definition of "contract" is intended to be broadly
construed.
"Day" means calendar day unless otherwise specified.
Ch. Art. D;v.
1217140--
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San Diego Municipal Code Chapter 2: Government
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"Direct Communication" means:
(a) talking to (either by telephone or in person); or
(b) corresponding with (either in writing or by electronic transmission or facsimile
machine).
"Direct Communication" does not include:
(a) solely responding to questions ftom any City Official; or
(b) appearing as a speaker at, or providing written statements which become part
of the record of, a Public Hearing, so long as the Lobbyist identifies the
Clients(s) represented; ,
"Enforcement Authority" has the same meaning as that term is defined in Section
27.2903.
"Gift" has the same meaning as that set forth in California Government Code Section
82028.
"Influencing a Municipal Decision" means affecting or attempting to affect any action
by a City Official on one or more Municipal Decisions by any method, including
promoting, supporting, opposing or seeking to modify or delay such action.
"Influencing a Municipal Decision" also includes providing information, statistics,
analysis or studies to a City Official.
"In-House Lobbyist" means an individual who engages in Lobbying solely on behalf of
his or her business or employer. "In-House Lobbyist" includes, but is not limited to,
owners, officers, and salaried employees of a business.
"Lobbying" means Direct Communication with a City Official for the purpose of
Inj1uencing a Municipal Decision on behalf of any other Person.
"Lobbyist" means an individual who receives or becomes entitled to receive the
threshold Compensation amount during any calendar quarter for Lobbying, and who
has had at least one Direct Communication with a City Official in that calendar
quarter. Lobbyist includes:
(a) In-House Lobbyists who engage in Lobbying;
(b) individuals under contract to engage in Lobbying; and
Co. M. D;,.
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San Die~o Municipal Code Chapter 2: Government
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(c) individuals employed by a firm under contract to provide Lobbying services,
whose pro-rated salary for Lobbying activities meets the threshold
Compensation during any calendar quarter.
"Municipal Decision" includes:
(a) the drafting, introduction, consideration, reconsideration, adoption, defeat, or
repeal of any ordinance or resolution;
(b) the amendment of any ordinance or resolution;
(c) a report by a City Official to the City Council or a City Council Committee;
(d) contracts;
(e) quasi-judicial decisions, including:
(I) any decision on a land development pennit, map or other matter
decided pursuant to Process 2 through 5 as described in Chapter II of
this Municipal Code; or
(2) any grant of, denial of, modification to, or revocation of a pennit or
license under Chapter I through 10 of this Municipal Code; and
(I) any other decision of the City Council or a City Board.
"Municipal Decision" does not include any of the following:
(a) any request for advice regarding, or for an interpretation oflaws, regulations,
City approvals or policies;
(b) a direct response to an enforcement proceeding with the City;
(c) any communication among attorneys representing a party or potential party to
pending or actual litigation brought by or against the City, or City agent,
officer or employee;
(d) any ministerial action such as decisions on private land development made
pursuant to Process 1 as described in Chapter 11 of this Municipal Code;
(e) any action relating to the establishment, amendment, administration,
implementation or interpretation of a collective bargaining agreement or
Ch. Art. 0;,
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~ --.- .-..__..._~_._-------_.__._-._._-_.~----_.._-
San Diego Municipal Code Chapter 2: Government
(6-2000)
memorandum of understanding between the City and a recognized employee
organization, or a proceeding before the Civil Service Commission; or
(f) any management decisions as to the working conditions of represented
employees that clearly relate to the terms of collective bargaining agreements
or memoranda of understanding pursuant to (e) above.
"Payment" has the same meaning as that set forth in California Government Code
Section 82044.
"Person" means any individual, business entity, trust, corporation, association,
committee, or any other organization or group of Persons acting in concert.
"Public Hearing" means any meeting as defmed by the Ralph M. Brown Act where a
public record is kept of who spoke and who was represented by a Lobbyist testifYing
at that hearing.
"Public Official" means an elected or appointed officer or employee or officially
designated representative, whether compensated or not, of the United States or any of
its agencies; the State of California; the City; any political subdivision ofthe state,
including counties and districts; or any public corporation, agency or commission.
"Travel Expenses" means reasonable expenses for transportation plus a reasonable
sum for food and lodging.
(Amended 5-30-2000 by 0-18807 NS.)
§27.4004 Exceptions
The following Persons are exempt ITom the requirements ofthis division:
(a) a Public Official acting in his or her official capacity and any government
employee acting within the scope ofhis or her employment;
(b) any newspaper or other regularly published periodical, radio or television
station (including any individual who owns, publishes or is employed by any
such newspaper, periodicaL radio or television station) that in the ordinary
course of business publishes news items, editorials or other comments or paid
advertisements which directly or indirectly urge action on a Municipal
Decision, if such newspaper, periodical, radio or television station, or
individual engages in no other activities to Influence a Municipal Decision; and
Ch. Arl. D;,.
1217140--
~
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San Diego Municipal Code Chapter 2: Government
(6.2000)
(c) any Person whose sole activity includes one or more of the following:
(I) to submit a bid on a competitively bid contract;
(2) to submit a written response to a request for proposals or
qualifications;
(3) to participate in an oral interview for a request for proposals or
qualifications; or,
(4) to negotiate the terms of a contract or agreement with the City, once
the City has authorized either by action of the City Council, City
Manager, or voters, entering an agreement with that Person, whether
that Person has been selected pursuant to a bid, request for proposals
or qualifications, or by other means of selection recognized by law.
(Amended 11-8-1999 by 0-18705 NS)
§27.400S Threshold Determination
(a) For the purpose of determining whether a Lobbyist has met the threshold for
Compensation registration required by Section 27.4007, time spent on the
following activities shall be included:
(I) monitoring a Municipal Decision the Lobbyist is seeking to influence;
(2) preparing testimony and presentations;
(3) attending hearings on a Municipal Decision the Lobbyist is seeking to
influence;
(4) communicating with the Lobbyist's Client or the Lobbyist's employer
on a Municipal Decision the Lobbyist is seeking to influence; and
(5) waiting to meet with City Officials. These and similar activities are an
integral part of Influencing a Municipal Decision.
(b) The threshold Compensation shall be calculated as follows:
(I) In 1999 it is $2,000.
(2) It will be adjusted each year thereafter, based on the San Diego
Consumer Price Index percentage change.
Ch. Art. D;,.
12l.2.1 40 --
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San Die~o Municipal Code Chapter 2: Government
(6-2000)
(c) The City Clerk shall publish the threshold Compensation amount on or before
January 10 of each year.
(Amended 12-7-1998 by 0-18606 NS.)
§27.4006 Activity Expense on Behalf of Client
An Activity Expense shall be considered to be made on behalf of a Client if the Client
requires, authorizes, or reimburses the expense.
("Registration Required" added 5-18-1998 by 0--18511 NS.)
§27.4007 Registration Required
(a) A Lobbyist is required to register with the City Clerk no later than ten (10)
Days after qualifYing as a Lobbyist.
(b) Within ten (10) Days after qualifYing as a Lobbyist, a Lobbyist shall report the
information required by Section 27.4017 for any Compensated Services the
Lobbyist provided in the three (3) months prior to the date of qualification as a
Lobbyist.
(c) Lobbyists shall file with the City Clerk the registration form with the Lobbyists'
original signature.
(d) Nothing in this division precludes an individual ITom registering as a Lobbyist
prior to qualifYing.
(Amended 12-7-1998 by 0-18606 NS.)
§27.4009 Contents of Lobbyist's Registration
Lobbyists shall file with the City Clerk the registration form which contains the
following:
(a) the Lobbyist's full name, business address, and business telephone number;
(b) the name, business address, and business telephone number ofthe Lobbyist's
employer, ifany;
(c) a specific description ofthe Lobbyist's employer, if any, in sufficient detail to
inform the reader of the nature and purpose of the employer's business;
(d) for each Client for which the Lobbyist provides Lobbying Activities:
Ch. Art. D;v.
1217140--
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~~Qi~~,!njcipal Cod~"- Chapter 2: Government
(6-2000)
(I) the Client's name, business or mailing address and business or message
telephone number;
(2) a specific description of each Client in sufficient detail to inform the
reader of the nature and purpose of the Client's business;
(3) the specific Municipal Decision(s) for which the Lobbyist was retained
to represent the Client, or a description of the type(s) of Municipal
Decision(s) for which the Lobbyist was retained to represent the
Client;
(e) a statement that the Lobbyist has reviewed and understands the requirements
of Division 40 governing municipal lobbying; and
(f) any other information required by the City Clerk consistent with the purposes
and provisions ofthis division.
~4mel1ded 12-7-1998 by 0-18606 NS.)
§27.4010 Lobbyist and Client Registration Fees
(a) At the time the Lobbyist registers pursuant to Section 27.4007, the Lobbyist
shall pay:
(I) an annual Lobbyist registration fee of forty dollars ($40); plus
(2) an annual Client registration fee of fifteen dollars ($15) for each Client
identified on the registration form.
(b) A Lobbyist who initially qualifies to register during the last quarter of a
calendar year (October through December) pursuant to Section 27.4007 shall
pay:
(I) a prorated Lobbyist registration fee of twenty dollars ($20); plus
(2) a prorated Client registration fee often dollars($1 0) for each Client
identified on the registration form.
(c) When a Cliel1t is acquired subsequent to the initial registration, the Lobbyist
shall pay the Client registration fee when filing the information required by
Section 27.4009.
Ch. Art. 0".
1217140-'-
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San Diego Municipal Code Chapter 2: Government
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(d) For the purpose of determining Client registration fees, a trade association or
business organization qualified under Internal Revenue Code 50] (c)( 6) shall
consider its members as one Client.
(e) For the purpose of determining Client registration fees, a single Client
registration fee shall be paid for a Person, other than an individual, that
employs more than one In-House Lobbyist.
(f) Fees may be paid or reimbursed by the Person, if any, who employs the
Lobbyist.
~4mended 12-7-1998 by 0-18606 NS.)
§27.4012 Amendments to Registration Form
Except as provided in Section 27.40]5(b), Lobbyists shall file amendments to their
registration fonn with the next quarterly disclosure report, and shall disclose any
change in infonnation required on the registration form as set forth in Section
27.4009.
(Amended 11-8-1999 by 0-18705 NS.)
§27.4013 Duration of Status
An individual who registers as a Lobbyist retains that status through January 5 ofthe
following calendar year unless and until he or she terminates that status in accordance
with Section 27.4022. An individual who continues to qualifY as a Lobbyist on January
5 shall renew that registration on or before January] 5 of each year.
~4mended 12-7-1998 by 0-18606 NS.)
§27.4014 Notification of Activity Expense Paid to or Benefitting a City Official
(a) Any Lobbyist required to file a disclosure report under the provisions of this
division shall provide the following information to each City Official who is
the beneficiary of an Activity Expense from the Lobbyist.
(I) the date and amount of the Activity Expense;
(2) a description ofthe Activity Expense provided to the City Official; and
(3) the client, ifany, on whose behalf the expenditure was made.
Ch. M D;v
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San Diego Municipal Code Chapter 2: Government
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(b) The infonnation required to be disclosed pursuant to subdivision (a) shall be
provided in writing to the City Official who is the beneficiary within twenty
business days after the date of the expenditure.
("Notification of Activity Expense Paid to or Benefitting a City Official" added
5-30-2000 by 0-18807 NS.)
§27.4015 Quarterly Disclosure Report Required
(a) Lobbyists shall f¡]e quarterly disclosure reports for every calendar quarter
during which they retain their status as a Lobbyist.
(b) In lieu of amending the registration fonn, a Lobbyist may use the quarterly
report to disclose any change in information required on the registration form
as set forth in Section 27.4009.
(c) The Lobbyist shall f¡]e with the City Clerk the report with an original signature.
(Amended 11-8-1999 by 0-18705 NS.)
§27.4016 Filing Deadline for Quarterly Disclosure Report
Lobbyists shall f¡]e quarterly disclosure reports with the City Clerk, with the
Lobbyist's original signature, no later than the last Day of the months of April, July,
October and January. Lobbyists shall disclose the information required by Section
27.4017 for the calendar quarter immediately prior to the month in which the report is
required to be f¡]ed.
("Filing Deadline for Quarterly Disclosure Report" added 5-18-1998 by 0-18511
NS.)
§27.4017 Contents of Lobbyist's Quarterly Disclosure Report
A Lobbyist's quarterly disclosure report shall contain the following infonnation:
(a) the Lobbyist's full name, business address and business telephone number;
(b) the name, business address and business telephone number ofthe Lobbyist's
employer, if any;
(c) the name, business or mailing address and business or message telephone
number of each Client represented by the Lobbyist during the reporting period;
and the specific Municipal Decision(s) for which the Lobbyist represented the
Client during the reporting period;
Ch Art. Div.
1217140-11-
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San Diego Municipal Code Chapter 2: Government
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(d) total Compensation received during the reporting period in connection with
Lobbying, itemized by Client. For Lobbyists employed by an entity that
provides Lobbying services by contract with Clients, the individual Lobbyist
shall report his or her pro-rata share of Compensation received by, or entitled
to be received by, the entity for Lobbying services provided to those Clients.
Such Compensation shall be disclosed using the following ranges: [ ]0-$5,000;
[ ]$5,000-$25,000; [ ]$25,000-$50,000; and [ ] Over $50,000;
(e) an itemization, which includes the date, amount and description of any Activity
Expenses made by the Lobbyist during the reporting period of $1 0 or more on
anyone occasion; or Activity Expenses made by the Lobbyist during the
reporting period aggregating $50 or more during the quarter, to benefit any
single City Official on behalf of anyone Client;
(I) the name and title of the City Official benefitting ITom each itemized Activity
Expense;
(g) the name and address ofthe payee of each itemized Activity Expense;
(h) the name of the vendor if different ITom that of the payee of each itemized
Activity Expense;
(i) the name of the Client, if any, on whose behalf each itemized Activity Expense
was made;
(j) the total amount of all Activity Expenses, whether itemized or not, made by the
Lobbyist during the reporting period; and
(k) any other information required by the City Clerk consistent with the purposes
and provisions of this division.
(Amended 12-7-1998 by 0-18606 NS)
§27.4018 Accountability
In addition to any other requirement of this division, every Lobbyist shall retain for a
period of five years all books, papers and documents necessary to substantiate the
quarterly disclosure reports required to be made under this division.
("Accountability" added 12-7-1998 by 0-18606 NS)
Ch. An. Ð;v
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San Diego Municipal Code Chapter 2: Government
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§27.4020 Forms to be Provided by the City Clerk
Lobbyists shall file registration forms and quarterly disclosure reports required by this
division on forms provided by the City Clerk.
("Forms to be Provided by the City Clerk" added 5-18-1998 by 0-18511 NS)
§27.4021 Verification of Registration Form and Quarterly Disclosure Report
Lobbyists shall sign and verify registration forms and quarterly disclosure reports
required by this division under penalty of California perjury laws.
("Verification of Registration Form and Quarterly Disclosure Report" added
5-18-1998 by 0-18511 NS)
§27.4022 Termination of Lobbyist Status
An individual who ceases being a Lobbyist shall notify the City Clerk of this status
upon the quarterly disclosure report form provided by the City Clerk. Upon
terminating, the individual shall report the information required in Section 27.4017
that remains unreported since the last quarterly disclosure report.
(Amended 12-7-1998 by 0-18606 NS)
§27.4023 Other Obligations of a Lobbyist
Any individual who is required to register as a Lobbyist under the provisions of this
division shall:
(a) disclose his or her status as a Lobbyist to a City Official before providing
anything of value to that individual which would require disclosure as an
Activity Expense to the City Official pursuant to Section 27.4014.
(b) abstain ITom doing any act with the purpose or intent of placing a City Official
under personal obligation to the Lobbyist, or to the Lobbyist's employer or
Client;
(c) correct, in writing, any misinformation given to a City Official, specifying the
nature of the misinformation;
Cd) not deceive or attempt to deceive a City Official as to any material fact
pertinent to any pending or proposed Municipal Decision;
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(e) not cause any communication to be sent to a City Official in the name of any
fictitious Person or in the name of any real Person, except with the consent of
such real Person; and
(f) not attempt to evade the obligations in this section through indirect efforts or
through the use of Agents, associates or employees.
(Amended 5-30-2000 by 0-18807 NS)
§27.4024 Employment of City Employees by Lobbyist
If any Lobbyist registered or required to be registered under Section 27.4007:
(a) employs, in any capacity whatsoever, or
(b) requests, recommends, or causes the Lobbyist's employer to employ any
individual known to be a City Official, the Lobbyist shall file a written
statement with the City Clerk within ten (10) Days after such employment.
This statement shall set forth the name of the individual employed, the date
fITst employed by the Lobbyist or the Lobbyist's employer, and that individual's
position, title, and department in the City.
(Amended 12- 7-1998 by 0-18606 NS)
§27.4025 Powers and Duties of the City Clerk
(a) Upon receipt of a written request, the City C1erk may issue a notice of
registration requirements to any Person whom a City Official or any other
Person has reason to believe should be registered under this division. Before
sending the notice, the Clerk:
(I) shall require the Person making the request to provide a written
statement of the factual basis for the belief; and,
(2) shall determine whether sufficient facts exist to warrant sending the
notIce.
(b) Any individual who in good faith and on reasonable grounds believes that he or
she is not required to comply with the provisions of Section 27.4007 by reason
of being exempt under any provision of this division shall not be deemed to
have violated the provisions of Section 27.4007 if, within ten (10) Days after
the City Clerk has sent specific written notice, the individual either complies
with the requirements ofthis division, or furnishes satisfactory evidence to the
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Clerk that he or she is exempt fj-om registration.
(c) As soon as practicable after the close of each quarter, the City Clerk shall
complete a summary of the information contained in registration forms and
quarterly disclosure reports required to be filed under the provisions ofthis
division. This summary shall be forwarded to the Mayor and City Council.
(d) The City Clerk shall preserve all registration forms and quarterly disclosure
reports required to be filed under this division for a period of five years fj-om
the date of filing. These registration forms and quarterly disclosure reports
shall constitute part ofthe public records ofthe Clerk's office, and shall be
open to public inspection. Copies shall be made available by the Clerk upon
request and payment of any lawful copy charges.
(e) The City Clerk shall report apparent violations of this division to the
Enforcement Authority.
(I) The City Clerk shall have the power to adopt all reasonable and necessary
procedures to implement this division.
(Amended]] -8-] 999 by 0-] 8705 NS.)
§27 .4026 Inspection of Forms and Reports
(a) The City Clerk shall inspect, or cause to be inspected, each registration form
and quarterly disclosure report fIled under this division within twenty (20)
working Days after the filing deadline. The Clerk shall notifY an individual to
fIle a registration form or quarterly disclosure report under this division if it
appears that the individual has failed to file as required by law or that the
registration form or quarterly disclosure report filed by the individual does not
conform to law.
(b) Any individual notified to file an original or amended registration form or
quarterly disclosure report shall file the form or report by the deadline imposed
in the notification fj-om the Clerk.
(Amended ]2-7-]998 by 0-18606 NS.)
§27.4027 Enforcement Authority: Duties, Complaints, Legal Action, Investigatory Powers
(a) The Enforcement Authority shall enforce the provisions of this division.
(b) Any Person who believes that violation of any portion of this division has
occurred may file a complaint with the Enforcement Authority. If the
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Enforcement Authority determines that there is reason to believe a violation of
this division has occurred, it shall make an investigation. Whenever the
Enforcement Authority has reason to believe a violation of this division has
occurred or is about to occur, it may institute such legal action at such time as
it deems necessary to prevent further violations.
(c) The Enforcement Authority shall have such investigative powers as are
necessary for the performance of the duties prescribed in this division. The
Enforcement Authority may demand and shall be furnished records of
Lobbying Activity Expenses at any time.
(d) The Enforcement Authority shall determine whether required statements and
declarations have been filed as required and, ifso, whether they conform with
the requirements ofthis division.
("Audits" repealed 11-8-1999 by 0-18705 NS; "Audits Enforcement Authority.
Duties. Complaints, Legal Action. InvestigatOlY Powers" added 11-8-1999 by
0-18705 NS.)
§27.4028 Violations, Penalties and Defenses
(a) Violations of this division may be prosecuted as misdemeanors subject to the
fines and custody provided in San Diego Municipal Code section 12.020 I.
The City may also seek injunctive relief and civil penalties in the Superior
Court pursuant to Municipal Code section 12.0202 or pursue any
administrative remedy set forth in Chapter I of this Code.
(b) In addition to any other penalty or remedy available, if any individual fails to
file any registration form or quarterly disclosure report required by this division
after any deadline imposed by this division, that individual shall be liable to the
City of San Diego in the amount often dollars ($10) per Day after the deadline
until the report is filed, up to a maximum amount of$1O0.
(c) Provisions of this division need not be enforced by the City Clerk if it is
determined that the late filing was not willful and that enforcement of the
penalty would not further the purposes of this division.
(d) Provisions of this division shall not be waived if a registration fonn or quarterly
disclosure report, or an amendment to correct any deficiency in a registration
form or quarterly disclosure report, is not filed by the deadline imposed in the
notification ftom the City Clerk of the filing requirement.
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(e) Any limitation of time prescribed by law within which prosecution for a
violation of any part of this division must be commenced shall not begin to run
until the City's discovery ofthe violation.
(Amended 7-18-2000 by 0-18826 NS.)
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