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Agenda Packet 2001/10/23
CITY COUNCIL AGENDA October 23, 2001 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CI'IY OF CHULA VISYA 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 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 AGENDA October 23, 2001 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembem Davis, Padilla, Rindone, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · PRESENTATION TO THE CITY COUNCIL BY DR. EMERALD RANDOLPH AND THE CHRISTMAS IN OCTOBER PROGRAM · PRESENTATION OF A PROCLAMATION TO TEDDYE GENTRYE PROCLAIMING OCTOBER 2001 AS RED RIBBON MONTH · RECOGNITION OF CHULA VISTA FIREF1GHTERS WHO PROVIDED ASSISTANCE IN NEW YORK CITY CONSENT CALENDAR (Items 1 through 12) 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) andsubmit 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. 1. APPROVAL OF MINUTES of September 7, 2001. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMU2~CATIONS A. Petition from residents on Quintard Street in Chula Vista, requesting the installation of curbs, gutters and sidewalks on Quintard Street, between Third and Orange Avenues. Staff recommendation: The petition be received, and the petitioners be encouraged to attend a public meeting scheduled for October 24, 2001 at the South Chula Vista Library. 3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE BY REZONING 2.25 ACRES AT 25/33 NAPLES STREET FROM C-N (NEIGHBORHOOD COMMERCIAL) TO R-3 (APARTMENT RESIDENTIAL) (SECOND READING AND ADOPTION) The developer has requested approval to amend the General Plan designation of 25/33 Naples Street from Retail Commercial to Residential Medium, and to rezone 25/33 Naples Street fi.om C-N (Neighborhood Commercial) to R-3 (Apartment Residential) for the purpose of developing a 21-unit, single-family, detached condominium complex, Country Club Villas Tentative Subdivision Map PCS-01-10. (Director of Planning and Building) Staff recommendation: Council place the ordinance on second reading for adoption. 4. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE EASTLAKE COMPANY, LLC, FOR EASTLAKE III (TRAILS, WOODS, VISTAS, BUSINESS CENTER PHASE II, OLYMPIC TRAINING CENTER AND "LAND SWAP" PARCELS) (SECOND READING AND ADOPTION) The proposed amendment to the Amended and Restated Development Agreement incorporates the recently adopted EastLake III General Development Plan (GDP) and Sectional Planning Area, which changes the maximum number of permitted dwelling units in the Woods and Vistas neighborhoods, and modifies the park acreage requirement within the EastLake III GDP area. It also changes the ownership of lands covered under this agreement to the Eastlake Company as the sole owner of the parcels involved. (Director of Planning and Building) Staff recommendation: Council place the ordinance on second reading for adoption. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REQUEST FROM THE CHULA VISTA HIGH SCHOOL BAND AND PAGEANTRY CORP AND THE CHULA VISTA SCHOOL FOR THE CREATIVE AND PERFORMING ARTS TO CONDUCT THE FIFTH ANNUAL BAND REVIEW, AUTHORIZING TEMPORARY STREET CLOSURES, AND WAIVING CITY FEES FOR POLICE SERVICES The Chuia Vista High School Band and Pageantry Corp, in conjunction with the Chula Vista School for the Creative and Performing Arts, is requesting permission to conduct an organized annual band review on Saturday, November I0, 2001. (Chief of Police) Staffreeommendation: Council adopt the resolution. Page 2 - Council Agenda 10/23/01 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PURCHASE AGREEMENT IN THE AMOUNT OF $105,064.05 FOR PANASONIC TOUGH-BOOK COMPUTERS TO BE UTILIZED WITH THE PUBLIC WORKS OPERATIONS' WORK MANAGEMENT AND INFRASTRUCTURE MANAGEMENT SYSTEMS, TO CDCE, INC. The City Council has previously approved the Public Works Information Systems Modernization/Expansion CIP project (GG171). Due to the growth of the City, technology needs to be upgraded and expanded to provide for better maintenance management of the City's infi'astmcture. Bids for the purchase of Panasonic Tough-book Computers were opened on September 10, 2001. Eight potential bidders were contacted, and only one bidder responded. The bid was also advertised in The Star News and Computer Edge magazine. No local vendors submitted a bid. (Director of Public Works) Staffrecommcndation: Council adopt the resolution. 7 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION IN SAID CITY ON TUESDAY, M.a~CH 5, 2002, FOR THE ELECTION OF A MAYOR AND TWO MEMBERS OF THE CITY COUNCIL, AS REQUIRED BY THE PROVISIONS OF THE CI-ILrLA VISTA CHARTER AND THE LAWS OF THE STATE OF CALIFORNIA RELATING TO THE CONDUCT OF ELECTIONS B. RESOLUTION OF THE C!TY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, MARCH 5, 2002 C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THE BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM SERVICES FOR THE CONDUCT OF THE GENERAL MUNICIPAL ELECTION FOR THE CITY OF CHULA VISTA TO BE CONSOLIDATED WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON MARCH 5, 2002 The purpose of the March 5, 2002 General Municipal Election is to select a Mayor and two Members of the City Council to fill Seats 1 and 2 for full terms consisting of four years, commencing December 2002. The proposed resolutions are required to give notice of the election, adopt regulations for candidates and mtuest election services from the Registrar of Voters. (City Clerk) Staff recommendation: Council adopt the resolutions. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AS IMPRACTICAL AND AUTHORIZING THE PURCHASING AGENT TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF $430,000 TO EXP~NETS FOR THE PURCHASE AND INSTALLATION OF A TELEPHONE SWITCH Page 3 - Council Agenda 10/23/01 In March 2001, Council approved a contract with Exp~Nets for the maintenance of the City's telephone switches, one located at the Civic Center and the other one at the corporation yard. The contract is for one year with an option for seven additional one- year periods. As part of that bid, staff asked for prices for maintenance services as well as the purchase price of many components that may need to be added to the system at a future date. Mom than 75% of the components that will be purchased as part of the new phone switch were covered in that bid. Exp{~Nets provided the best overall response to the bid, and was awarded the contract. Explt~qets has done an excellent job for the City under the current contract. As part of the replacement for the telephone switch at the Civic Center, the City will receive a warranty for parts and maintenance for one year and it is in the City's best interest to purchase the equipment and have the warranty covered by the vendor who is responsible for the maintenance of the remaining equipment. (Director of Management and Information Services) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTiNG THE SANDAG REGION2020 GROWTH MANAGEMENT STRATEGY AND SMART GROWTH PRINCIPLES The San Diego Association of Governments (SANDAG) has recently been holding a series of meetings with local elected officials and staff in the region's cities and county government regarding how to impl~nent the REGION2020 Growth Management Strategy, and has requested that these jurisdictions adopt a Resolution of Support for the strategy and the smart growth principles it promotes. SANDAG made their presentation to the Chula Vista City Council on July 24, 2001, and the Planning Commission was also invited to attend the presentation. The City Council directed staffto place REGION2020 on a future agenda for the purpose of considering adoption of SANDAG's model resolution supporting the REGION2020 program. Council also directed staff to consider identification of commitments that the City might make to implement REGION2020 locally. SANDAG is requesting local resolutions and commitments prior to a regional summit, which will be held in February 2002. (Director of Planning and Building) Staffrecommendation: Council adopt the resolution. I0 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG A FINAL MAP FOR TIVOLI VILLAS, CHULA VISTA TRACT NO. 01-03, SUNBOW UNIT 14 (PLANNING AREA 10A) OF THE CITY OF CHULA VISTA; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION; ACCEPTING LOT "A" FOR PUBLIC PARK AND OTHER PUBLIC PURPOSES; APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FINAL MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TIVOLI VILLAS, CHULA VISTA TRACT NO. 01-03, SUNBOW UNIT 14 (PLANNING AREA 10A) OF THE CITY OF CI-IULA VISTA, AND AUTHORIZING THE MAYOR TO E×ECUTE SAID AGREEMENT Page 4 - Council Agenda 10/23/01 Adoption of the resolutions will approve a Final Map for Tivoli Villas, Tract No. 01-03. Said map shows Lot One for residential development and Lot "A" for park purposes. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 11 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FINAL MAP FOR R47/C-I/CPF-1 OF CHULA VISTA TRACT NO. 96-04A, OTAY RANCH VILLAGE 1, SPA ONE; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA ANY AND ALL ABUTTER'S RIGHTS OF ACCESS IN AND TO EAST PALOMAR STREET, GRANTED ON SAID MAP WITHIN SAID SUBDIVISION; TERMINATING, VACATING, AND ABANDONING THE RELINQUISHMENT OF ABUTTER'S RIGHT OF ACCESS IN AND TO EAST PALOMAR STREET, DEDICATED TO THE CITY PER MAP NO. 13990; AND ACKNOWLEDGING THE OFFER OF DEDICATION OF 8.12 ACRES FOR PUBLIC PARK AND OTHER PUBLIC PURPOSES B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FINAL MAP SUPPLEMENTAL SUBDIVSION AGREEMENT FOR R-47/C-1/CPF-I OF CHULA VISTA TRACT NO. 96-04A, OTAY RANCH VILLAGE ONE, SPA ONE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolutions will approve a Final Map for the Heritage Town Center Mixed Use Project in Otay Ranch, Village One. The map consists of four numbered lots and one open space lot. Proposed development of the 10.23-acre site includes 271 affordable housing units, 91 of which are for seniors, 30,000 square feet of office/commercial/retail space, a service station and day care center. {Director of Public Works) Staffrecommendation: Council adopt the resolutions. 12 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FINAL MAP FOR CHULA VISTA TRACT NO. 98-04, MCMILLIN OTAY RANCH SPA ONE, PHASE 2, C-3/R-45, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ACCEPTING ON BEHALF OF THE PUBLIC, A PORTION OF EAST PALOMAR STREET, AND VACATING AN IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST TO THE CITY OF CHULA VISTA OVER LOT 2 OF MAP NO. 13649 AND A PORTION OF EAST PALOMAR STREET B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FINAL MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 98-04, MCMILLIN OTAY RANCH SPA ONE, PHASE 2, C-3/R45, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 5 - Council Agenda 10/23/01 Adoption of the resolutions will approve a Final Map for McMillin Otay Ranch SPA One, Phase 2, C-3/R~45 of Chula Vista Tract 98-04. Said map contains a portion of a public street and two Condominium lots, which will require subsequent Design Review approval of the proposed project. Lot I contains a maximum of 27 units and Lot 2 contains a maximum of 45 units. (Director of Public Works) Staffrecommendation: Council adopt the resolutions. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but. if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised andJor posted as public hearings as required by law. If you wish to speak on any item, pleuse fill out a "Request to Speak"form (available in the lobby) and submit it to the C~ty Clerlt prior to the meeting. 13. CONSIDERATION OF APPROVAL OF THE FINAL SECOND-TIER ENVIRONMENTAL IMPACT REPORT (EIR 01-02), AMENDMENTS TO THE CHULA VISTA GENERAL PLAN, OTAY RANCH GENERAL DEVELOPMENT PLAN AMENDMENTS, SECTIONAL PLANNING AREA PLAN, TENTATIVE MAP, AND RELATED DOCUMENTS FOR OTAY RANCH, VILLAGE ELEVEN (APPLICANTS: THE MCMILL1N COMPANIES AND BROOKFIELD SHEA OTAY) The McMillin Companies and Brookfield Shca Otay, in conjunction with the City, have applied to amend the City's General Plan Land Use, Circulation Elements and the Otay Ranch General Development Plan for Villages Seven, Nine, Ten, Eleven, and Planning Area Twelve. The proposed amendments will realign Hunte Parkway and EastLake Parkway, and eliminate portions of Birch Road and Patrick Drive. Brookfield Shea Otay, LLC has requested approval of a new Sectional Planning Area Plan and associated regulator~j documents for Village Eleven in Otay Ranch. (Director of Planning and Building) Staff recommendation: Council conduct the public hearing, adopt the following resolutions, and place the ordinance on first reading: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT (E1R 01-02) FOR THE OTAY RANCH GENERAL DEVELOPMENT PLAN AMENDMENTS/VILLAGE ELEVEN SECTIONAL PLANNING AREA PLAN AND CONCEPTUAL TENTATIVE MAP 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 Page 6 - Council Agenda 10/23/01 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY CHULA VISTA APPROVING AMENDMENTS TO THE CHULA VISTA GENERAL PLAN AND THE 2001 AMENDMENTS TO THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND ASSOCIATED REGULATORY DOCUMENTS FOR APPROXIMATELY 1,540 ACRES LOCATED SOUTH OF OLYMPIC PARKWAY, EAST OF FUTURE STATE ROUTE-125 AND WEST OF THE SALT CREEK OPEN SPACE CORRIDOR C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SECTIONAL PLANNING AREA (SPA) PLAN, AND SUPPORTING REGULATORY DOCUMENTS, INCLUDING VILLAGE DESIGN PLAN, PUBLIC FACILITIES FINANCE PLAN, AND AFFORDABLE HOUSING PROGRAM INVOLVING 489 ACRES OF LAND KNOWN AS OTAY RANCH, VILLAGE ELEVEN D. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHLrLA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH, VILLAGE ELEVEN E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR VILLAGE ELEVEN OF THE OTAY RANCH 14. CONSIDERATION OF APPROVAL OF A CONDITIONAL USE PERMIT (PCC-00- 16) A PROPOSAL BY THE VILLAGE CARD ROOM TO MODIFY THEIR EXISTING CONDITIONAL USE PERMIT AND INCREASE ~ ALLOWED NUMBER OF CARD TABLES FROM 10 TO 12, WITH A MAXIMUM OF 126 PLAYERS, TO SERVE ALCOHOLIC BEVERAGES ALONG WITH FOOD, AND TO PROVIDE A 24-HOUR, 7-DAYS A WEEK OPERATION WITH VALET PARKING REQU1RED ON THE SITE. (APPLICANT: HAVEY SOUZA, DBA VILLAGE CLUB) The Village Card Room currently operates ten card tables, two are used for "21~t Century California-Style Blackjack", and the other eight are used for poker. The Winner's Circle Cocktail Lounge has been closed since February 2000, and would now be remodeled for use as a waiting and eating area, as well as for placing the three "Pai-Gow" tables, which allow for up to fifteen persons per table. No alcoholic beverages have been served since the closure of the bar. A new Alcoholic Beverage Control license will allow for the sale of liquor, beer and wine, along with food from 5:00 p.m. until 2:00 a.m., seven days a week. (Director of Planning and Building) Staffreeommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PER. MIT MODIFYING THE EXISTING PERMIT TO ALLOW THE EXPANSION OF THE EXISTING CARD ROOM FACILITY, INCLUDING CLASS Ii GAMING, AT THE VILLAGE CLUB CARD ROOM, LOCATED AT 429 BROADWAY Page 7 - Council Agenda 10/23/01 ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 15. CITY MANAGER'S REPORTS A. Scheduling of meetings. 16. MAYOR'S REPORTS A. Ratification of appointment to the Economic Development Commission - Scott Vinson - Ex-Officio 17. COUNCIL COMMENTS A. Deputy Mayor Davis: Direction to staff to return with recommendations on establishing a Campaign Finance Reform Committee, consisting in part, of City Councilmembers. CLOSED SESSION ~4nnouncements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Clerk's office in accordance with the Ralph ~L Brown ~4ct (Government Code 54957. 7). 18. CONFERENCE WITH LEGAL COUNSEL I~GARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) A. Tuchschcr Development Enterprises, Inc. v. City of Chula Vista (case no. GIC 758620) B. Itarn Plastering, Inc. v. City of Chula Vista (case no. IS 5571) 19. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) · One Case ADJOURNMENT to a Regular Meeting of November 6, 2001, at 4:00 p.m. in the Council Chambers. Page 8 - Council Agenda 10/23/01 October 16th,2001 MEMO TO: City Clerk 'If FROM: Patty Wesp ~ :/ It SUBJECT: RA TIFICA TION OF APPOINTMENT Mayor Horton has requested that the following be placed under Mayor's Report for the next Council meeting: Ratification of Appointment to the Economic Dev Commission Scott Vinson, Ex-Officio Thank You. Cc: Mayor Horton Armando Buelna \0/16/0\ - ~ \j;",-so,^ does: =\- c-t>vv~,^.\:~ Sevve. 01" """"\ c\'\\>,- IF,,\-. B/C::/c"', IV~ 1> ~ &7 October13,2001 To: The Honorable Mayor Shirley Horton All members of the Chula Vista City Council Subject: Sidewalks and Curbs Many years ago the residents of the community of Castle Park were encouraged to vote for annexation to the city of Chula Vista. which would provide better police protection, better fife protection, and also expedite the installation of curbs and sidewalks. Fifteen years later the community probably does have better police and fire protection, but the residents ofQuintard Street between Third Avenue and Fourth Avenue have not had any improvement in their street whatsoever. When it rains, it is muddy. When it is dry, it is dusty. Have we been overlooked by not voicing our complaints? The residents of Quintard Street invite you to take a tour of the street between Third Avenue west to the junction of Orange Avenue near Fourth Avenue. An cnlightcning time would be on a rainy day at about 3;30 p.m. when more than one hundred students :trom Castlc Park Middle School and Castle Park High School make their way home or to tbe South Bay library. About one half of the students prefer the street among the cars to the muddy walkways. It is an accident waiting to happen! You could be fortunate enough to also see four or five ofthc local residents who have motorized wheel chairs make their regular visits to the library competing with the automobiles because their chairs cannot operate on the loose walkways. Or a mother pushing her baby carriage in the street because the small wheels of the carriage cannot negotiate the walkway. Or one of the several senior citizens that pull their little .carts for daily grocery shopping along the edge of the pavement. Would you C [J'ect to séc scenes of this sort in the City of Chula Vista? Would the city be responsible for an accident due to the lack of a proper walkway? How about the liability? The residents of Quintard Street between Third Avenue and Fourth Avenue have united to change their situation. We will vote as a block of voters, for or against, depending on the support we receive ftom your panel. We want and expect some action. The neglect of our street next to your public library is a disgrace to the city of Chula Vista. Signed, ...--... -'---'---'-----.---.---. -..-. ~1E~~~W~~i I" Lb, COUNCIL OFFICES CHULA VISTA, CA .-'---'.--.--.'----".---.----".'. Y- -.--------------."-.""-"'-.--..." .. --. ---..--------.----.-- 2A -I ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CIT.~ OF CHULA VISTA--/MVIENDING THE ZONING_e~'" ESTABLISHED BY SECTION 19.18.010 OF TIJ~¥ULA VISTA MUNICIPAL CODE BY REZONIN,~i~ X~ZRES AT 25/33 NAPLES STREET FROM C-N ~EfGHBORHOOD COMMERCIAL) TO R-3 (APARTMENT RESIDENTIAL). WHEREAS, the property consists of 2.25 acres located at 25/33 Naples Street (site), diagrammatically represented in the attached Exhibit A; and, WHEREAS, a duly verified application for rezoning was filed with the Planning Division of the Planning and Building Department on February 5, 2001; and, WHEREAS, the application (PCZ-01-02) requests approval to rezone 25/33 Naples Street from C-N (Neighborhood Commercial) to R-3 (Apartment Residential) for the purpose of developing a 21-unit single-family detached condominium complex; and, WHEREAS, the Planning Division of the Planning and Building Department set the time and place for a hearing on said rezone application, and notice of said hearing, together with its purpose, was given by its publication in the newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of property at least 10 days prior to the heating; and, WHEREAS, the hearing was held at the time and place as advertised, nmnely 6:00 p.m., August 22, 2001 in the Council Chambers, 276 Fourth Avenue, Chula Vista, California, before the Planning Commission, and said hearing was thereafter closed; and WHEREAS, from the facts presented, the Planning Commission determined that the rezoning is consistent with the City of Chula Vista General Plan and that public necessity, convenience and good zoning practice support the rezoning to R-3 (Apartment Residential); and WHEREAS, the Planning Commission had previously found that the Mitigated Negative Declaration (IS-01-039) for the project would adequately reduce potential significant effects to a level below significant, and voted 4-0 to recommend that the City Council approve the rezoning of the project site to R-3 (Apartment Residential); and WHEREAS, the City Council has adopted Mitigated Negative Declaration IS-01-039 and all of its mitigation measures. C:\MY DOCUMENTS\CITY COUNCIL RESOLUTIONS\PCZ-01-02 ~OUNTRY CLUB VILI.AS.DOC NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, and ordain as follows: Section I: The rezoning provided for-herein is consistent with the City of Chula Vista General Plan, and is supported by public necessity, convenience, general welfare, and good zoning practice. Section II: The City of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code is hereby amended to rezone the site fi.om C-N (Neighborhbod Commercial) to R-3 (Apartment Residential). Section IV: This ordinance shall take effect and be in full force the 30th day fi.om its adoption. Presented by Approved as to form by Robert A. Leiter Joh~. Kahaney Director of Planning City Attorney C:\MY DOCUMENTS\CITY COUNCIL RESOLUTIONS\PCZ-01-02 ~OUNTRY CLUB VILLAS.DOC PROJECT LOCATION SINGLE SAN DIEGO COUNTRY CLUB ST. PlUS ~-~ CATHOLIC CHURCH ~ CASTLE PARK ELEMENTARY SCHOOL CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: APPLICANI~ ELivlCON LTD. PROJECT REZONE ADDRESS: 25/33 Naples Street Request: Rezo'"'~ne from C-N (Neighborhood Commercial) to R-3 (Apartment Residential). SCALE: FiLE NUMBER: · NORTH No Scale PCZ-01-02 Related Cases: GPA-01-04, IS-01-039, PCS-01-10,DRC-01-40 ~ ~pcz0102.cdr 09.21.01 ~ ~ CHULA VISTA APPROVING AN AMENDMEN.~X~O THE AMENDED AND RESTATED DEVELOPMENT~(~REEMENT BETWEEN rHE CITY Or CHULA VISTA ANt aE COMP, V/, LLC. EASTL a Ill (T TWOODS, WSTAS, BUSINESS CENTER PHASE II, OLYMPI~5'~'TRAINING CENTER AND "LAND SWAP" PARCELS). I. RECITALS A. Project Site WHEREAS, the areas of land which are subject to this Ordinance are diagrammatically represented in Exhibit A of the Second Amended and Restated Development Agreement, and for the purpose of general description herein consists of: 1) 108.8 acres located north of Olympic Parkway between the future SR-125 freeway alignment and the existing EastLake Greens development boundaries (Southern "Land Swap" parcel); 2) 24.7 acres located on the south side of Otay Lakes Road west of the future SR-125 freeway (Northern "Land Swap" parcel); 3) 322.2 acres located east of Hunte Parkway between Otay Lakes Road and Olympic Parkway (EastLake Trails); 4) 108 acres located on the north side of Otay Lakes Road between Lane Avenue and Hunte Parkway (EastLakc Business Center Phase Il); and 5) 950 acres east of Hunte Parkway known as EastLake III GDP (Woods, Vistas neighborhoods and Olympic Training Center) ("Project Site"); and, B. Project; Application for Discrctionary Approval WHEREAS, on August 3, 2001, the EastLake Company ("Developer") filed an application with the Planning and Building Department of the City of Chula Vista requesting a second amendment to the Amended and Restated Development Agreement between the City of Chula Vista and the EastLake Company, LLC. for EastLake III (Trails~ Woods, Vistas, Business Center Expansion, Olympic Training Site and Land Swap) ("Project"); and, C. Prior Discretionary Approval WHEREAS, the Amended and Restated Development Agreement between the City of Chula Vista and the EastLake Company, LLC for Eastlake III (Trails, Woods, Vistas, Business Center Expansion, Olympic Training Center and Land Swap) was previously approved by the City Council on February 22, 2000, Ordinance No. 2805; and WHEREAS, the original EastLake III Developxnent Agreement was previously approved by City Council on February 27, 1990, Ordinance No. 2356; and Ordinance No. Page 2 WHEREAS, the EastLake III General Development Plan and Sectional Planning Area (SPA) plan were previously approved by City Council Resolution No. 2001-220 on July 17, 2001 and Planned Community District Regulations approved by City Council Ordinance No. 2839 on July 24, 2001; the EastLake Greens Sectional Planmng Area (SPA) plan previously approved by City Council Resolution No. 15199 ("Eastlake Greens (SPA) plan") and Planned Community District Regulations previously approved by City Council Ordinance No. 2317 (EastLake II-Eastlake I Expansion-Planned Community District Regulations) on July 18, I989; the EastLake Trails Sectional Planning Area (SPA) plan previously approved by City Council Resolution No. 19275 on November 24, 1998 and Planned Community District Regulations previously approved by City Council Ordinance No. 2765 on December 8, 1998; and WHEREAS, CEQA review is not required for the Development Agreement since an in-depth review occurred when the environmental review was approved for the Project adopted by the City on July 17, 2001 (Long Beach Say. & Loan v. Long Beach Redevelopment, 232 Cal. Rptr. 772, 881~2 (1986); and D. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on said project on September 26, 2001, and voted to recommend that the City Council approve the Second Amended and Restated 1II Development Agreement; and, WHEREAS, the proceedings and all evidence introduced before the Planning Commission at their public hearing held on September 26, 2001, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. E. Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Second Amended and Restated Development Agreement was held before the City Council of the City of Chula Vista on October 9, 2001, and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. 1I. NOW, THEREFORE, the City of Chula Vista does hereby find, determine and ordain as follows: A. COMPLIANCE WITH THE CITY GENERAL PLAN The City Council has determined that the Second Amended and Restated Development Agreement as shown on Exhibit 1, is consistent with the City's General Plan, all applicable mandatory and optional elements of the General Development plan for EastLake Ill as well as all other applicable policies and regulations of the City; and, B. APPROVAL OF AMENDMENT TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT Ordinance No. Page 3 In accordance with Section 65867.5 of the Government Code, the City Council of the city of Chula Vista hereby approves the document entitled Second Amended and Restated Development Agreement Between the City of Chula Vista and The EastLake Company, LLC, for EastLake III (Trails, Woods, Vistas, Business Center Expansion, Olympic Training Site and Land Swap). 1II. EXECUTION OF AGREEMENT The Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement on behalf of the City of Chula Vista. IV. EFFECTIVE DATE This ordinance shall take effect and be in force on the thirtieth day from after its adoption. V. RECORDATION OF DOCUMENT The City Clerk is hereby directed to record the Second Amended and Restated Development Agreement in the office of the County Recorder. Presented by: Approved as to form by: Robert A. Leiter John M. Kaheny Planning & Building Director City Attorney COUNCIL AGENDA STATEMENT Item No ~' Meeting Date 10D3/01 ITEM TITLE: RESOLUTION APPROVING REQUEST FROM THE CHULA VISTA HIGH SCHOOL BAND AND PAGEANTRY CORP AND THE CHULA VISTA SCHOOL FOR THE CREATIVE AND PERFORMING ARTS TO CONDUCT THE 5TH ANNUAL BAND REVIEW AND AUTHORIZING TEMPORARY STREET CLOSURES A~D.W~AIVING CITY FEES FOR POLICE SERVICES, SUBMITTED BY: Chief of Polic?,/~, Risk Manager Director of Public Works REVIEWED BY: City Manager ~'~'' ~ (4/5ths Vote: Yes No X ) The Chula Vista High School Band and Pageantry Corp in conjunction with the Chula Vista School for the Creative and Performing Arts is requesting permission to conduct an organized annual band review on Saturday, November 10, 2001. RECOMMENDATION: That Council adopt the resolution approving the waiver of City fees for police services and authorizing temporary street closures for the organized band review subject to staff conditions. BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable DISCUSSION: Chula Vista High School Band and Pageantry Corp and the Chula Vista School for the Creative and Performing Arts (band review sponsor) is requesting permission to conduct their 5th Annual Band Review parade on Saturday, November 10, 2001. The parade will consist of approximately thirty marching bands and marching groups over 1,500 participants competing against one another for top honors and awards. The participating groups in the parade will stage on the south side of the Sear's store, 500 "1" Street. The proposed parade route will take place west on 'T' Street to Broadway, south on Broadway to "K" Street, and east on "K" Street to the Chula Vista High School football stadium. Page 2, Item__ Meeting Date 10/23/01 The parade is scheduled to take place between 8:00 AM and 10:30 AM. The street closures would be in effect from approximately 7:30 AM to 11:00 AM to allow for the dispersion of parade participants. The Police Department will monitor the progress of the parade, and will close and subsequently reopen streets and intersections as quickly as possible. The sponsor will also provide teaching staff to accompany each band to monitor the progress of the parade. A diagram of the parade route is attached (Attachment A). The street closures will have an impact on City bus service in the area. Transit has agreed to cancel and re-route bus service in the area during the parade, and erect signs of the interruption of service. Staff approval is recommended subject to the following conditions: 1. Prior to the event, Chula Vista High School (Chula Vista School for the Creative and Performing Arts - parade sponsor) shall provide evidence, acceptable to the City, of commercial general liability insurance in the amount of $1 million in the form of a Certificate of Insurance and Policy Endorsement naming the City of Chula Vista as additional insured. 2. Adequate police coverage at the event as determined by the Police Department through coordination with the Department's Special Events Coordinator. The parade route will be marshaled by Police and Police Department volunteers. 3. Adequate traffic control equipment and devices as determined by the Police Department. The sponsor will be responsible for renting or purchasing the equipment and delivering and removing it from designated locations. 4. Posting and removal of "No-Parking" signs along the parade route. 5. Removal of adequate portable toilets and trash receptacles at the parade staging area and at Chula Vista High School. The Chula Vista High School Marching Band and Pageantry Corp has also made a formal request to the Mayor and Council asking that fees associated with police services for this year's Annual Band Review be waived (Attachment B). In calculating fees for police service, staff estimates it will cost approximately $4,000 dollars. The use of volunteers is based on availability; however, staff is confident up to ten volunteers (Explorer Scouts and Senior Volunteers) will be available for this year's event. Page 3, Item__ Meeting Date 10/23/01 The Annual Band Review is expected to draw thirty (30) participating bands and pageantry groups from the San Diego Region, as well as portions of Southern California. As in the past, the Band Review provides a positive image and venue for the youth in our community. FISCAL IMPACT: Staff estimates it will cost $4,000 to provide Police coverage at the event. Costs are calculated on an overtime rate plus a 10% administrative fee, standard for nonprofit events. Costs for Police related services will be absorbed by the Police Department, O CHULA VISTA SCHOO£ FOR THE O CREATIVE AND PERFORMING ARTS RON BOLLES - FACILITATOR OFFICE: (619) 691-5775 820 FOURTH AVENUE FAX: (619) 427-5824 E-maih rbotles@sdcoe.k12.ca.us CHULA VISTA, CA. 9191 1 September 18, 2001 The Honorable Mayor Shirley Horton and the Chula Vista City Council 276 4" Avenue Chula Vista, CA 91910 Dear Mayor Horton and City Council Members, What's more American than a parade down the city's main street? Near Veteran's day, on November 10, 2001, the City's namesake school, Chun Vista High School, is planning to once again sponsor it's annual Band Review. We are hoping that this may again take place on Broadway. This highly successful "All American" event has attracted up to 30 bands and their families from all over California as well as from throughout San Diego County. The Chula Vista High School Band has been rated one of the best bands in the state and acts as city ambassadors wherever they go to perform. They carry the City's banner proudly. This Band Review has also helped to show Chula Vista as one of the centers of the musical arts in Southern California! Last year, we considered ourselves extremely fortunate in having the Chula Vista Police Department support the review by providing security, traffic and crowd control free of charge along the route of our musical contribution to the city. We are writing to request the generous donation of their help once again with this year's Review. The Review is funded solely by the host school band, and our funds are seriously limited. The presence of the police department has greatly enhanced the smooth running of the event and we realize that their participation is required for it to even take place. Your consideration in the contribution of the police department's services would be greatly appreciated. As the new Band Director here, I am eager to have the opportunity to meet with you personally at your convenience and continue this working relationship between the city and our school. If you need any further information or have any additional questions, please do not hesitate to call me, Mr. Zig Kanstul, Chula Vista High School Band Director (427-7860). I am generally available to meet daily from 9:30 to 10:00 AM. I will contact you regarding a possible meeting date in the near future. nstul ~ 1 Ci -' Chula Vista High School Band Director ~ ~ L COUNCIL OFFICES CHULA VISTA, CA A NATIONAL GRAMMY SIGNATURE SCHOOL 2000, 2'001 A CALIFORNIA STATE GOLDEN BELL AWARD FINALIST A SAN DIEGO COUNTY "BEST PRACTICES" AWARD RECIPIENT RESOLUTION RESOLUTION APPROVING REQUEST FROM THE CHULA VISTA HIGH SCHOOL BAND AND PAGEANTRY CORP AND THE CHULA VISTA SCHOOL FOR THE CREATIVE AND PERFORMING ARTS TO CONDUCT THE 5TM ANNUAL BAND REVIEW AND AUTHORIZING TEMPORARY STREET CLOSURES AND WAIVING CITY FEES FOR POLICE SERVICES WHEREAS, the Chula Vista High School and Pageantry Corp in conjunction with the Chula Vista School for the Creative and Performing Arts will be conducting the 5th Annual Band Review on Saturday, November 10, 2001; and WHEREAS, the Chula Vista High School Band and Pageantry Corp has requested City fees for police services be waived; and WHEREAS, Law Enfomement related fees estimated at $4,000 dollars shall be waived; and WHEREAS, the Chula Vista High School and Pageantry Corp and the Chula Vista School for the Creative and Performing Arts will provide evidence of insurance in the form of a Certificate of Insurance and Policy Endorsement, acceptable to the City, in the amount of $1 million dollars naming the City of Chula Vista as additional insured, and their insurance company as primary; and WHEREAS, the Chula Vista High School Band and Pageantry Corp and the Chula Vista School for the Creative and Performing Arts will provide adequate traffic control equipment and "No-Parking" signs as specified by the Chula Vista Police Department; and WHEREAS, the Chula Vista High School Band and Pageantry Corp and the Chula Vista School for the Creative and Performing Arts will provide adequate police coverage at the event as determined by the Chula Vista Police Department; and WHEREAS, parade sponsors provide a letter agreeing not to sue the City, its agents and employees for any act arising from the Band Review to hold the City harmless, fully indemnify and release the City, its agents and employees from any and all liability arising from the Band Review, excluding only that liability which may arise from the negligence or sole willful conduct of the City. NOW, THEREFORE, BE IT RESOLVED the City of Chula Vista does hereby approve the waiver of police service fees and authorizes temporary street closures on Saturday, November 10, 2001 for the 5th Annual Band Review sponsored by the Chula Vista High School and Pageantry Corp and the Chula Vista School for the Creative and Performing Arts. Presented By Approved as to form by Richard P. Emerson John M. K'ahe Chief of Police City Attorney COUNCIL AGENDA STATEMENT Item /0 Meeting Date 10/23/2001 ITEM TITLE: Resolution Awarding a Purchase Agreement in the amount of $t05,064.05 for Panasonic Tough-book Computers to be utilized with the Public Works Operations' Work Management and Infrastructure Management Systems to CDCE, Inc./ BY: Director of Public Works ~/~ SUBMITTED City Manager ~ ~ ~ (4/5ths Vote: Yes No X REVIEWED BY: The City Council has previously approved the Public Works Information Systems Modernization/Expansion CIP project (GG 171 ). The growth of the City requires that technology be upgraded and expanded to provide for better maintenance management of the City's infrastructure. Bids for the purchase of Panasonic Tough-book Computers were opened on September 10, 2001. Eight (8) potential bidders were contacted and only one (1) bidder responded. The bid was also advertised in The Star News and Computer Edge magazine. No local vendors submitted a bid. RECOMMENDATION: That the City Council approve the Resolution awarding a Purchase Agreement in the amount of $105,064.05 for Panasonic Tough-book Computers to be utilized with the Public Works Operations' Work Management and Infrastructure Management Systems to CDCE, Inc. BOARD/COMMISSION RECOMMENDATION: Not Applicable DISCUSSION: The Operations Division of Public Works is charged with maintaining the City's infrastructure, which includes streets, sewers, storm drains, City trees, parks, open space, and street signage and striping; City buildings; City communications systems; and City vehicles and equipment. The infrastructure includes approximately 350 miles of streets (630 lane miles), 350 miles of wastewater lines, 200 miles of storm drain pipes and channels, approximately 35,000 trees, over 370 acres of parks, 1,540 acres of open space, approximately 22,000 traffic signs and 15,000 street names signs, 750,000 square feet of City buildings, over 1,000 pieces of communications equipment, and over 450 vehicles and equipment. The Operations Division uses a Work Management System (WMS), which is an automated system used for collecting and tracking data about the work that an agency performs to maintain the City's infrastructure (excluding communications, vehicles and equipment). The Work Page 2, Item __ Meeting Date 10/23/01 Management System is being expanded to add infrastructure module applications (IMA) to better manage the City's assets and to provide a link to the City's Geographic Information System (GIS) to visually show areas where work has been completed or has been planned. In order to utilize this data and visually show a link to the City's GIS system, laptop computers will be needed out in the field. By utilizing laptops, crews will be able to 1) eliminate paper tracking, 2) link service requests and backlogs with jobs, and 3) will allow management to better plan and schedule work and evaluate Crew performance and workload. The new system's emphasis is on meeting public needs, by changing the focus from measuring performance after the fact to scheduling and planning work based on service requests and work orders. The Operations Division currently has 17 laptops being utilized by all supervisors in Wastewater, Lift Station/Pools, Street Maintenance, Urban Forestry, Striping and Signing and for each crew in Wastewater and Lift Station/Pool Maintenance Sections. Approval of this resolution will add an additional 21 laptops ($5,003.05 each) that will be utilized by the crews in the Street Maintenance, Urban Forestry, Striping and Signing, and Park Maintenance Sections. These laptops will be mounted in the vehicles utilized by each crew. Staff is requesting tough-book laptops because of screen failures that are continuing to occur with the current (cheaper) laptops due to vibration problems resulting from the movement or shaking that normally occur in the vehicles. FISCAL IMPACT: Sufficient funds of $105,064.05 for the purchase agreement have been appropriated in the Public Works Information Systems Modernization/Expansinn CIP project (GG171, $40,024.40) and the new Corporation Yard CIP Project (GG131, $65,039.65), funded by various funds (DIF, Sewer, etc.). Therefore, there is no fiscal impact to the General Fund. O:~Bobka. 113 Tough-book Computers.doc RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PURCHASE AGREEMENT IN THE D240UNT OF $105,064.05 FOR PANASONIC TOUGH-BOOK COMPUTERS TO BE UTILIZED WITH THE PUBLIC WORKS OPERATIONS' WORK MANAGEMENT AND INFRASTRUCTURE MANAGEMENT SYSTEMS TO CDCE, INC. WHEREAS, the City Council has previously approved the Public Works Information Systems Modernization/Expansion CIP project (GG171); and WHEREAS, the growth of the City requires that technology be upgraded and expanded to provide for better maintenance management of the city's infrastructure; and WHEREAS, it is recommended that 21 additional laptops be purchased that will be utilized by the crews in the Street Maintenance, Urban Forestry, Striping and Signing and Park Maintenance sections; and WHEREAS, bids for the purchase of Panasonic Tough-book Computers were opened on September 10, 2001; and WHEREAS, eight potential bidders were contacted and only one bidder, CDCE, Inc. responded with a bid of $5,003.05 for each computer for a total of $105,064.05. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby award a purchase agreement in the amount of $105,064.05 for Panasonic Tough-book Computers to be utilized with the Public Works Operations" Work Management and Infrastructure Managements Systems to CDCE, Inc. Presented by Approved as to form by John P. Lippitt John M. Kahehy '~ ~ ~ Director of Public Works City Attorney COUNCIL AGENDA STATEMENT Item No. 7 Meeting Date 10/16/01 ITEM TITLE: 1. Resolution of the City Council of the City of Chula Vista calling and giving notice of the holding of a General Municipal Election in said City on Tuesday, March 5, 2002, for the election of a Mayor and two Members of the City Council, as required by the provisions of the Chula Vista Charter and the laws of the State of California relating to the conduct of elections 2. Resolutioi~ of the City Council of the City of Chula Vista adopting regulations for candidates for elective office pertaining to materials submitted to the electorate and the costs thereof for the General Municipal Election to be held in said City on Tuesday, March 5, 2002 3. Resolution of the City Council of the City of Chula Vista requesting the Board of Supervisors to permit the Registrar of Voters to perform services for the conduct of the General Municipal Election for the City of Chula Vista to be consolidated with the statewide primary election to be held on March 5, 2002 SUBMITTED BY: Susan Bigelow, CMC/AAE, City Clerk ~ ~ The purpose of the March 5, 2002 General Municipal Election is to select a Mayor and two Members of the City Council to fill Seats 1 and 2 for full terms consisting of four years, commencing December 2002. The proposed resolutions are required to give notice of the election, adopt regulations for candidates and request election services from the Registrar of Voters. RECOMMENDATION: Council adopt the Resolutions. BOARDS AND COMMISSION RECOMMENDATION: Not applicable. BACKGROUND: The Chula Vista Charter requires that General Municipal Elections be scheduled in conjunction with statewide primary elections. The next statewide primary election will be held on March 5, 2002. The purpose of the General Municipal Election is to select a Mayor and two (2) Members of the City Council to fill Seats 1 and 2 for full terms commencing in December 2002. It is necessary to call and give notice of the election prior to the opening of the candidate nomination period on November 12, 2001. Section 13307 of the California Elections Code also provides that the local agency must adopt regulations pertaining to the materials prepared by candidates and the costs thereof. Historically, the City has allowed each candidate to submit a candidate's statement of no more than 200 words. The estimated cost of a 200-word statement is $565 ($6 per 1,000 registered voters, plus $25 in set-up charges and $75 for a Spanish translation). Candidates who choose to file a candidate's statement will be required to pay $565 as a deposit at the time their statements and nomination papers are filed with the City Clerk. Should the actual cost be less, the balance will be refunded to the candidates; and should the actual cost be more, candidates will be billed for the difference. Elections Code Section 10403 requires the adoption of a resolution requesting the Board of Supervisors (1) to consolidate Chula Vista's election with the statewide primary and (2) to permit the Registrar of Voters to perform certain services in conjunction with the City's election. Elections Code Section 10403 requires that the Registrar of Voters receive a resolution requesting consolidation and services by December 7, 2001. FISCAL IMPACT: $95,000 has been budgeted in the Fiscal Year 2001-2002 budget for the election, and it is anticipated that the amount budgeted is sufficient. RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GW1NG NOTICE OF THE HOLDING OF A GENERAL MUNICiPAL ELECTION IN SAD CITY ON TUESDAY, MARCH 5, 2002, FOR THE ELECTION OF A MAYOR AND TWO MEMBERS OF THE CITY COUNCIL, AS REQUIRED BY THE PROVISIONS OF THE CHULA VISTA CHARTER AND THE LAWS OF THE STATE OF CALIFORNIA RELATING TO THE CONDUCT OF ELECTIONS WHEREAS, under the provisions of the Chula Vista Charter, a General Municipal Election shall be held on March 5, 2002, for the purpose of electing a Mayor and two (2) Members of the City Council to fill Seats 1 and 2 for the full term of four years, commencing in December 2002. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER as follows: SECTION 1. Pursuant to the requirements of the Chun Vista Charter and the laws of the State of California, there shall be and there is hereby called and ordered held in the City of Chun Vista, California, on Tuesday, March 5, 2002, a regular municipal election of the qualified electors of said City for the purpose of electing a Mayor and two (2) Members of the City Council to fill Seats 1 and 2 for the full term of four years, commencing December 2002. SECTION 2. The ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used thereat. SECTION 3. The City Clerk of said City is hereby authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct said election. SECTION 4. The polls of said election shall be open at seven o'clock a.m. ofthe day of said election and shall remain open continuously from said time until eight o'clock p.m. of the same day when said polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 5. In all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding municipal elections in said City. SECTION 6. Notice of the time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in time, form and manner as required by law. Submitted by: Approved as to form: Susan Bigelow, City Clerk ~l~hrFKaheny, City t~omey RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, MARCH 5, 2002 WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs thereof. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER, as follows: SECTION 1. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at the General Municipal Election to be held in the City of Chula Vista on March 5, 2002, may prepare a candidate's statement on an appropriate form provided by the City Clerk. Such statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herselfi Such statement shall neither include the party affiliation of the candidate nor membership or activity in partisan political organizations. Such statement shall be filed in the Office of the City Clerk no sooner than November 12 and no later than 5:00 p.m. on Friday, December 7, 2001. Such statement may be withdrawn, but not changed, during the stated period and until 5:00 p.m. on Monday, December 10, 2001. SECTION 2. The City Clerk shall estimate the total cost ofprinting, handling, and mailing the candidate's statements filed pursuant to the Elections Code and require each candidate filing a statement to pay in advance his or her pro rata share as a condition of having his or her statement included in the voter's pamphlet. The City Clerk shall bill each candidate for any cost in excess of the deposit and shall refund any unused portion of any deposit. SECTION 3. The City Clerk shall provide each candidate, or the candidate's representative, a copy of this Resolution at the time his or her candidate's statement is filed. Submitted by: Approved as to form: Susan Bigelow, City Clerk Jo~h)a/Kaheny, City A/t~ey RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THE BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM SERVICES FOR THE CONDUCT OF THE GENERAL MUNICiPAL ELECTION FOR THE CITY OF CHULA VISTA TO BE CONSOLIDATED WITH THE STATEW1DE PRIMARY ELECTION TO BE HELD ON MARCH 5, 2002 WHEREAS, the City Council of the City of Chula Vista has called an election to be held in this City on March 5, 2002; and WHEREAS, Section 439.1 of the Administrative Code of the County of San Diego authorizes the Registrar of Voters of the County of San Diego to render specified services relating to the conduct of an election to any city or district which has by resolution requested the Board of Supervisors to permit the Registrar to render the services, subject to requirements set forth in that section; and WHEREAS, a statewide election has been called to be held on the same day; and WHEREAS, pursuant to SB 230, the Board of Supervisors has approved the consolidation of the Chula Vista General Municipal Election with a statewide primary election to be held on the same day. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER as follows: SECTION 1. Pursuant to above-cited provisions, the Board ofSupervisors ofthe County of San Diego is hereby requested to permit the Registrar of Voters to perform and render all services and proceedings, and to procure and furnish any and all official ballots, notices, printed matter and all supplies and equipment and paraphernalia incidental to and connected with the conduct of the subject election of the City of Chula Vista, with the cooperation and assistance of the City Clerk of Chula Vista, in order to properly and lawfully conduct such election. SECTION 2. The exact form of the offices to be voted upon to appear on the ballot and to be submitted to the voters are as follows: The election ora Mayor of said City for the full term of four years, commencing December 2002. The election of two (2) Members of the City Council of said City to fill Seats 1 and 2 for the full term of four years, commencing December 2002. SECTION 3. The Board of Supervisors of the County of San Diego is hereby requested to consolidate this election with the statewide election to be held on the same day, in the same territory. SECTION 4. Pursuant to Section 10411 and Section 10418 of the Elections Code, (a) the election shall be held in all respects as if there were only one election; (b) only one form of ballot shall be used; and (c) the Registrar of Voters of the County of San Diego shall canvass the returns of the subject election as part of the canvass of the returns of the election consolidated hereby. SECTION 5. Pursuant to Section 10410 and Section 10418 ofthe Elections Code within the territories affected by this consolidation, the election precincts, polling places, voting booths and polling hours shall, in every case, be the same, and there shall be only one set of election officers in each of the precincts. SECTION 6. The County of San Diego shall be reimbursed in full for the services performed by the Registrar of Voters for the City of Chula Vista upon presentation of a bill therefor, and this City agrees to indemnify and save flee and harmless the County, its officers, agents and employees from expense or liability, including reasonable attorneys' fees, as a result of an election contest arising after conduct of this election. SECTION 7. The City Clerk is hereby directed to deliver forthwith certified copies of this resolution to the Clerk of the Board of Supervisors of the County of San Diego and to the Registrar of Voters of the County of San Diego. Submitted by: Approved as to form: Susan Bigelow, City Clerk ~ Kaheny, City Attorney PASSED AND ADOPTED at a regular meeting of the City Council of the City of Chula Vista, California, this __ day of October, 200, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Shirley Horton, Mayor ATTEST: Susan Bigelow, CMC/AAE, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of the City 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 __ day of October 2001. Executed this day of October 2001. Susan Bigelow, CMC/AAE, City Clerk COUNCIL AGENDA STATEMENT Item ~ Meeting Date 10/23/01 ITEM TITLE: Resolution Waiving the formal bidding process as impractical and authorizing the Purchasing Agent to issue a purchase order in the amount of $430,000 to Exp~Nets for the purchase and installation ora telephone switch. SUBMITTED BY: Director of Management and Information S ervice'/~/ · n er~ ~ REVIEWED BY: City Ma ag ; ~ (4/Sths Vote: Yes ~__No X ) In March 2001, Council approved a contract with Exp~Nets for the maintenance of the City's telephone switches, one located at the Civic Center and the other one at the Corporation Yard. The contract is for one year with an option for seven additional one-year periods. As part of that bid, staff asked for prices for maintenance services as well as the purchase price of many components of the system that may need to be added to the system at a future date. More than 75% of the components that will be purchased as part of the new phone switch were covered in that bid. Exp~Nets provided the best overall response to the bid and was awarded the contract. Exp~Nets has done an excellent job for the City under the current contract. As part of the replacement for the telephone switch at the Civic Center, the City will receive a warranty for parts and maintenance for one year and is in the City's best interests to purchase the equipment and have the warranty covered by the vendor who is responsible for the maintenance of the remaining equipment. RECOMMENDATION: That Council adopt the resolution waiving the formal bidding process as impractical and authorizing the Purchasing Agent to issue a purchase order in tho amount of $430,000 to Exp~Nets for the purchase and installation of a telephone switch. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: On July 12, 1985 the City of Chula Vista installed the NEC NEAX 2400 telephone switch. The switch provides cost savings to the City by automatically routing outgoing calls to the least expensive path before completing the call. The switch also provides "station-to-station" calling which is the feature that allows all calls from one City phone to another to be handled entirely in the switch thereby eliminating any Pac Bell charges at all for those calls. In addition to substantial cost saving to the City, the telephone switch provides City departments with features that were not available through the utility company or would have needed to be purchased at a substantial cost to the City. These features include call forwarding, conference calling, speed dialing, call back, and others. During the past 2 years, City staffhas expanded the use and coverage of the phone switch. With the purchase of several "Adtran" routers we have provided direct access to the phone switch and voice mail to the remote recreation centers. In addition, we have connected the Eastlake facility and the Nature Center to the phone switch. The City also has a second telephone switch (originally located at the Public Works Yard and is being moved to the new Corporation Yard once construction is completed. Both the telephone switch at the Civic Center and the one at the Corp Yard must work together to provide overall phone coverage to the entire City. Page 2 Item Meeting Date 10/23/01 The telephone switch at the Civic Center has run out of capacity and can no longer be expanded to support additional phones. In addition, the telephone switch is 16 years old and has limitations that newer technology switches do not have. For these reasons, City staffincluded the replacement of the telephone switch in the 2001-02 CIP, which Council has already approved. In early 2001 staff released a bid for maintenance of the existing telephone switches. That hid included a section requesting prices for many of the components that will be purchased as part of the telephone switch upgrade. Staff estimates that over 75% of the items being purchased for the new switch were covered by the bid awarded in March. The vendor that was awarded the bid by Council in March has the lowest overall prices for those items and staffis requesting that the new switch be purchased from them. In addition to receiving the prices guaranteed by the prior bid, staff will be assured that the new telephone switch will be installed by a vendor that is very familiar with our current systems, both at City Hall and the Corporation Yard. The new switch and the switch at the Corp Yard must work together to effectively handle all of the telephone traffic within the City. The project to replace the current switch with the new one will be very complicated and time consuming and may require that City staff intermittently be without telephone service during the change over. For this reason, MIS staffwill require the vendor to perform the change during the City's furlough period. Staffhas been preparing for this change for several months and anticipates that the most of the furlough period will be necessary to efficiently accomplish the task. Since City offices will be closed during that period stafffeels that this will have the least impact on City services. Fiscal Impact: Sufficient funds for this project have been included in the City's 2001-02 C1P program that was approved by Council. RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AS IMPRACTICAL AND AUTHORIZiNG THE PURCHASING AGENT TO ISSUE A PURCHASE ORDER 1N THE AMOUNT OF $430,000 TO EXP~NETS FOR THE PURCHASE AND INSTALLATION OF A TELEPHONE SWITCH WHEREAS, in March 2001, the Council approved a contract with Exp~Nets for the maintenance of the City's telephone switches, one located at the Civic Center and the other one at the Corporation Yard, for one year with an option for seven additional one-year periods; and WHEREAS, as part of that bid, staff asked for prices for maintenance services as well as the purchase price of many components of the system; and WHEREAS, more than 75% of the components that will be purchased along with the new phone switch were covered in that bid; and WHEREAS, Exp~Nets provided the best overall response to the bid and was awarded the contract; and WHEREAS, Exp~Nets has done an excellent job for the City under the current contract; and WHEREAS, as part of the replacement for the telephone switch at the Civic Center, the City will receive a warranty for parts and maintenance for one year and it is in the City's best interests to pumhase the equipment and have the warranty covered by the vendor who is responsible for the maintenance of the remaining equipment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the formal biding process as impractical and authorize the Purchasing Agent to issue a purchase order in the amount of $430,000 to Exp~Nets for the purchase and installation of a telephone switch. Presented by Approved as to form by Louie Vignapiano John M. Kaheny Director of Management and Information City Attorney Services J :'~Attorney\Resos\P BX bid COUNCIL AGENDA STATEMENT Item No.: ~/ Meeting Date: 10/23/01 ITEM TITLE: Resolution of the Chula Vista City Council supporting the SANDAG REGION2020 Growth Management Strategy and smart growth principles. SUBMITTED BY: Director of Planning and Building/~/~-~ REVIEWED BY: ~ty ~v~anager (c.~ ~) (4/5ths Vote: Yes No X ) The San Diego Association of Governments (SANDAG) has recently been holding a series of meetings with local elected officials and staff in the region's cities and county government regarding how to implement the REGION2020 Growth Management Strategy, and has requested that these jurisdictions adopt a Resolution of Support for the strategy and the smart growth principles it promotes. SANDAG made their presentation to the Chula Vista City Council on July 24, 2001, and the Planning Commission was also invited to attend the presentation. The City Council directed staff to place REGION2020 on a future agenda for the purpose of considering adoption of SANDAG's model resolution supporting the REGION2020 program. The Council also directed staff to consider identification of commitments that the City might make to implement REGION2020 locally. SANDAG is requesting local resolutions and commitments prior to a regional summit, which will be held in February 2002. RECOMMENDATION: That the City Council City Council adopt a Resolution of Support for the SANDAG REGION2020 Growth Management Strategy and smart growth principles. BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission is scheduled to consider this item at its October 17, 2001 meeting. DISCUSSION With nearly a million new residents projected for the San Diego Region by the year 2020, tremendous challenges are faced in providing sufficient housing, mobility, and open space, as well as meeting other needs associated with this growth. As the planning agency for the San Diego Region, SANDAG is addressing such challenges through its REGION2020 Growth Management Strategy. REGION 2020 is the result of several years of collaborative regional efforts, and is based upon smart growth principles that address five interrelated regional issues: economic prosperity, transportation, housing, environment and fiscal reform. The strategy strives to: · Promote economic prosperity that results in a rising standard of living for all of the region's Page 2, Item No.: Meeting Date: 10/23/01 residents; · Furnish more transportation choices to reduce dependency on the car, provide transit systems that connect employment centers, commercial and residential areas and other major facilities and activity centers, and locate higher densities and mixed use development in areas with frequent transit service; · Increase the housing supply, and locate new homes in existing urban areas, closer to jobs, services and transportation systems; · Protect open space and habitat areas and promote environmentally sensitive development that conserves natural resources; and · Pursue state/local tax reform to increase local government's budgetary control without increasing taxes, and strengthen growth management incentives. City of Chula Vista staff members have actively participated on SANDAG's Regional Growth Management Technical Committee (the region's planning and community development directors and their designees) and other subcommittees working on development and implementation of REGION2020. SANDAG is now working with local staffs and elected officials to address issues related to implementing REGION2020. Local governments are being asked to make commitments to support REGION2020 and implement the regional growth management strategy's principles. REGION2020 defines smart growth as a compact, efficient, and environmentally sensitive pattern of development that provides people with additional travel, housing, and employment choices by focusing future growth away from rural areas and closer to existing and planned job centers and public facilities. The City's General Plan Update work program is designed to support the regional growth management strategy and to further smart growth principles. The initial phase of the General Plan Update is focusing on a series of areawide studies that will lay the groundwork for subsequent activities. Included among these is the joint transit planning program with the Metropolitan Transit Development Board to prepare a South Bay Transit First Study that will produce a long-range transit plan. This effort will support integrated transit and land use planning for Chula Vista and the South San Diego Bay area, and link transit with key existing and planned activity centers. The City's Economic Development Strategy is another areawide study under way that will help guide the City in furthering the economic prosperity component of REGION2020, and assist in determining future economic activity hubs. A public facility analysis is intended to help identify opportunities for and constraints to supporting more intensive development in selected areas of the City. An environmental and open space analysis will provide the foundation and justification for an overall open space network, and integrate specific environmental and open space programs, such as the Multiple Species Conservation Program, into the updated General Plan. Page 3, Item No.: Meeting Date: 10/23/01 All of these efforts will form the basis for the land use distribution analysis, which will look more specifically at the land use make up and key urban design features that can support higher density and more intensive land uses, particularly around transit stations and corridors. This would build upon existing examples of smart growth, such as the Otay Ranch project, and extend the application of these principles to other parts of the City's Planning Area. Conclusion The attached draft City Council resolution states the City of Chula Vista's support for the SANDAG REGION2020 Growth Management Strategy and smart growth principles. It would also formalize the City's commitment, through its General Plan Update and other efforts, to identify and promote land use distribution concepts and smart growth opportunities supportive of REGION2020. The resolution also references the South Bay Transit First Study, which will develop a transit plan and identify transit projects that support and refine the Metropolitan Transit Development Board (MTDB) Transit First Strategic Vision as it applies to the South San Diego Bay area. Areas around the transit stations and corridors identified through this effort will receive particular attention as potential smart growth focus areas. An interdepartmental City staff team and Alan Hoffman, the City's transit policy and technical advisor, have already begun to work with MTDB to define centers and corridors expected to receive priority attention. This effort is still in its initial stages. The attached draft City Council resolution also acknowledges the City's understanding that SANDAG will provide continuing cooperation and support in carrying out the City's General Plan Update and associated local efforts to implement smart growth concepts, and that SANDAG will endeavor to afford the highest priority in obtaining funding and providing other assistance to projects and local jurisdictions supporting and implementing smart growth concepts. FISCAL IMPACT: None. This is an expression of support for REGION2020 and smart growth principles. J :\Planning\MarkS\CCAgendaStatementRegion2020 10-234)1.doc RESOLUTION NO. RESOLUTION OF THE CHULA VISTA CITY COUNCIL SUPPORTING THE SANDAG REGION2020 GROWTH MANAGEMENT STRATEGY AND SMART GROWTH PRINCIPLES WHEREAS, the current population of the San Diego Region is almost three million people, and the region's population and the number of jobs and housing units are steadily growing; and WHEREAS, collectively, current local plans will not meet the projected housing and employment needs of the region's anticipated future residents; and WHEREAS, without changes to current plans, the San Diego Region is expected to face growing challenges in meeting affordable housing, transportation, habitat and open space preservation, economic prosperity, and energy and water needs; and WHEREAS, RJ2GION2020 is the region's growth management strategy that promotes planning principles designed to reduce sprawl and address the challenges that come with future growth; and WHEREAS, the San Diego Region has defined smart growth as a compact, efficient, and environmentally-sensitive pattern of development that provides people with additional travel, housing and employment choices by focusing £uture growth closer to existing and planned job centers and public facilities, and away fi.om rural areas; and WHEREAS, on July 24, 2001, San Diego Association of Governments (SANDAG) representatives made a presentation to the Chula Vista City Council regarding the REGION2020 Growth Management Strategy and how the City of Chula Vista and other local jurisdictions can contribute to implementing the strategy and promoting smart growth in the San Diego Region; and WHEREAS, in response to this presentation, the Chula Vista City Council directed staff to place REGION2020 on a future Council agenda for the purpose of considering adoption of SANDAG's model resolution supporting the REGION2020 program, and considering identification of commitments that the City might make to implement REGION2020 locally; and WHEREAS, the City of Chula Vista has been an active participant in, and supporter of, the REGION2020 Growth Management Strategy, and has embraced and promoted smart growth principles through projects such as the Otay Ranch; and WHEREAS, the City of Chula Vista has initiated a comprehensive General Plan Update with a work program that includes an evaluation of land use distribution concepts and smart growth opportunities supportive of the REGION2020 Growth Management Strategy; and WHEREAS, in conjunction with its General Plan Update, the City of Chula Vista is also participating in a joint South Bay Transit First Study with the Metropolitan Transit Development Board that is intended to develop a transit plan and identify transit projects that support and refine the board's adopted Transit First Strategy as it applies in the South San Diego Bay area. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista hereby states its support for the SANDAG REGION2020 Growth Management Strategy and the following smart growth principles that it promotes. 1. New development should be focused closer to urban jobs and activity centers and away from rural areas. 2. Additional travel choices should be provided among activity centers, along with more mixed use development and more pedestrian-friendly urban design. 3. Jobs and housing should be strategically located to promote use of transit and other alternate means of travel. 4. A variety of housing types should be provided that meet the needs of all income levels. 5. Adequate investment should be provided for existing and future infrastructure needs in smart growth areas. 6. Environmentally-sensitive development should conserve energy and water; protect resoumes that preserve the biodiversity of the region; and preserve open space, parks, agricultural lands, watersheds, wetlands, scenic values and wildlife. BE IT FURTHER RESOLVED that the City of Chula Vista hereby expresses its commitment through its General Plan Update and other efforts to evaluate and promote land use distribution concepts and smart growth opportunities supportive of the SANDAG REGION2020 Growth Management Strategy. This will include integrating these land use distribution concepts and opportunities, wherever feasible, with the network of transit stations and corridors identified through the joint South Bay Transit First Study being conducted with the Metropolitan Transit Development Board to produce a long-range transit plan. BE IT FURTItER RESOLVED that the City of Chula Vista makes this commitment with the understanding that SANDAG will provide continuing cooperation and support in carrying out the City's General Plan Update and associated local efforts to implement smart growth concepts, and that SANDAG will endeavor to afford the highest priority in obtaining funding and providing other assistance to projects and local jurisdictions supporting and implementing smart growth concepts. 2 Presented by Approved as to form by Robert A. Leiter John M. Kaheny Planning and Building Director City Attorney J:\Planning\CCResoRegion2020 10-23-01 .doc 3 ~\f?- -11 cm OF CHUlA VISTA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM October 23,2001 TO: The Honorable Mayor and City Council Jd VIA: David D. Rowlands, Jr., City Manager ~ FROM: John P. Lippitt, Director of Public Works SUBJECT: Corrected Resolution for Item lOA "Final Map for Tivoli Villas, Chula Vista Tract No.01-03" The Resolution for Item lOA - Tivoli Villas Final Map has been corrected as follows: "Approving a Final Map for Tivoli Villas, Chula Vista Tract No. 01-03, Sunbow Unit 14 (Plauning Area lOA) of the City of Chula Vista, and accepting on behalf of the City of Chula Vista the easements granted on said map within said subdivision, acknowledging the irrevocable offer of dedication of ~ Lot "A" for Public Park and Other Public Purposes and approving the Subdivision Improvement Agreement and authorizing the Mayor to execute said agreement." nengineer\:>GENDA\Tivoli co",,¡ion.doc 0600-08-SB030F DRAFT MEMORANDUM DATE: October 22, 2001 TO: George Krempl, Deputy City Manager FROM: Dino Serafini, Civil Engineer RE: Corrected Resolution for Item 10 on Council Agenda George, The Resolution for Item 6A - Tivoli Villas Final Map has been corrected as follows: "Approving a Final Map for Tivoli Villas, Chula Vista TractNo. 01-03, Sunbow Unit 14 (Planning Area IDA) of the City ofChula Vista, and accepting on behalf of the City of Chula Vista the easements granted on said map within said subdivision, acknowledging the irrevocable offer of dedication of ~ Lot "A" for Public Park and Other Public Purposes and approving the Subdivision Improvement Agreement and authorizing the Mayor to execute said agreement" Lorraine is changing the original Resolution according to the above. REVISED 10/23/01 COUNCIL AGENDA STATEMENT Item 10 Meeting Date 10/23/01 ITEM TITLE: Resolution Approving a Final Map for Tivoli Villas, Chula Vista Tract No. 01-03, Sunbow Unit 14 (Planning Area 10A) of the City of Chula Vista, and accepting on behalf of the City of Chula Vista the easements granted on said map within said subdivision, acknowledging the irrevocable offer of dedication of Lot "A" for Public Park and Other Public Purposes and approving the Subdivision Improvement Agreement and authorizing the Mayor to execute said agreement. Resolution Approving a Final Map Supplemental Subdivision Improvement Agreement for Tivoli Villas, Chula Vista Tract No. 01-03, Sunbow Unit 14 (Planning Area 10A) of the City of Chula Vista and authorizing the Mayor to execute said agreement. .,~ / SUBMITTED BY: Director of Public Works D/~F//'' REVIEWED BY: City Manager (4/Sths Vote: Yes__No ~ Tonight, Council will be considering the approval ora Final Map for Tivoli Villas, Tract No. 01-03. Said map shows Lot 1 tbr residential development and Lot "A" that is offered for park purposes. RECOMMENDATION: That Council approve the Resolutions approving a Final map, the Subdivision Improvement Agreement and the Supplemental Subdivision Improvement Agreement for Tivoli Villas. DISCUSSION: On February 13,2001,by Resolution No. 2001-028, City Council approved the Tentative Subdivision Map of Tivoli Villas Project, Tract No. 01-03. The developer has requested the approval of a final map which will allow the filing of a condominium plan containing 117 dwelling units on Lot 1. Lot "A" is offered for park purposes and shall be added to the adjacent Sunbow Neighborhood Park with the concurrence of the Director of Parks and Recreation. The Tivoli Villas Project was conditionally approved by the City of Chula Vista Design Review Committee on December 11, 2000 (DRC-01-05). The Final Map has been reviewed by the Departments of Public Works and Planning and Building and was found to be in conformance with the approved tentative map. All required fees and/or deposits specific to this map have been collected. The Developer has executed a Supplemental Subdivision Improvement Agreement for the Final Map that assures satisfaction of applicable conditions of Resolution 2001-028 and the conditions of approval of DRC- 01-05. FISCAL IMPACT: None to the General Fund. Developer has paid all costs associated with the proposed final map and agreements. Attachments: Attachment I: Plat-Final Map Attachment 2: Developer's Disclosure Statement J: Engineer/AGENDA\TivoliAl 13 rl .doc 10-1 £0/£0' d 00~ 8~ Bq~ CS $~/~ I DOSSU ~ ~)tUSN~H B~ :I~T T00~-0~-.LDO ATTACHMENT.. '~_ . THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chela Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. D.R.HORTON SAN DIEGO HOLDING COMPANY, INC. 1010 S.COAST HWY.101~ STE.101 ENCINITAS. CA 92024 2. If any person* identified pursuant to (l) above is a corporation or partnership, list the names of all individuals with a $1000 investment m the business (corporation/partnership) entity. DOI~AT.D R. HORTON 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. Please identi~ every person, including any agents, employees, consultants, or independent conWactorsyouhaveassignedtorepresentyoube~retheCiwinthisma~er. JOHN D/~INAN -D.R.HORTON ALISA VIALPANDO - HUNSAKER & ASSOCIATES CHRIS BROOKE - HUNSAKER & ASSOCIATES 5. Has any person* associated with this contract had any financial dealings xvith an official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes No X If Yes, briefly describe the nature of the financial interest the official** may have in this contract. N/A 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Yes__ No X If Yes, which Council member? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives, non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No X If Yes, which Council member? 8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No X If Yes, which official** and what was the nature of item provided? Date: 10/11/01 Signature of Contractor/Applicant JOHN DANNAN Print or type name of Contractor/Applicant * Person is defined as: any individual, firm, co-parmership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. H:~IOME~ENGINEERLADMIN~CONTRACT~DISCLOSE.DOC REVISED 10/23/01 RESOLUTION NO.2001 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FINAL MAP FOR TIVOLi VILLAS, CHULA VISTA TRACT, NO. 01-03, SUNBOW UNIT 14 (PLANNING AREA 10A) OF THE CiTY OF CHULA VISTA, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHiN SAID SUBDIVISION, ACKNOWLEDGING THE IRREVOCABLE OFFER OF DEDICATION OF LOT "A" FOR PUBLIC PARK AND OTHER PUBLIC PURPOSES AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hercby finds that certain map survey entitled Tivoli Villas, Chula Vista Tract, No. 01-03, and more particularly described as follows: Lot 248 of Chula Vista Tract No. 90-07, Sunbow Phase lC, Units 5, 6, 13, 14 and 15 in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 13917, filed in the office of said County Recorder on January 19, 20001 Excepting therefrom that portion of Parcel "A" of Certificate of Compliance, recorded on August 11, 2000 as file no. 2000- 0428230 of Official Records. is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula Vista the easements granted on said map within said subdivision. BE 1T FURTHER RESOLVED that the City Clerk of the City of Chula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for general utility, and general access, granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED, said Council hereby acknowledges on behalf of the City of Chula Vista an Irrevocable Offer of Dedication of Lot "A" for Public Park and Other Public Purposes, noting that Section 7050 of the Government Code of the State of California provides that such offers of dedication may bc accepted at any future time by the City Council. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. 1 BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt Joh~iC(flKaheny c, Director of Public Works City Attorney J:\attomeyXreso\Tivoli Villas final map Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no ,cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2001, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and D.R. HORTON SAN DIEGO HOLDING COMPANY, INC., 1010 South Coast Highway 101, Suite 101, Encinitas, CA 92024, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as TIVOLI VILLAS SUNBOW PHASE II PLANNING AREA lOA, CHULA VISTA TRACT 01- 03, pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with city, secured by an approved improvement -1- /{)-7 security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by city in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 2001-028, approved on the 13th day of February, 2001 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawing Nos. 01031-1 through 01031-10 inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of NINE HUNDRED TWELVE THOUSAND TWO HUNDRED THIRTY-TWO DOLLARS AND NO CENTS ($912,232.00). NOW, FOLLOWS: THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the city Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals (" Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the .2. 10-8 plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the city; provided, however, that the improvement securi ty shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the city of Chula vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of FOUR HUNDRED FIFTY-FOUR THOUSAND ONE HUNDRED SIXTEEN DOLLARS AND NO CENTS ($454,116.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. -3- IfJ-q 7. Subdivider further agrees to furnish and deliver to the City of Chula vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of FOUR HUNDRED FIFTY-FOUR THOUSAND ONE HUNDRED SIXTEEN DOLLARS AND NO CENTS ($454,116.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "E" and made a part hereof and the bond amounts as contained in Exhibit "E", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of FIVE THOUSAND TWO HUNDRED DOLLARS AND NO CENTS ($5,200.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by city, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the -4- I{)-IV requirements of the state Subdivision Map Act and the provisions of Title 18 of the Chula vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with city a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by city, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to city, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, -5- I:)-!! change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by city of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the city of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the city, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the state of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The city Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. -6- 10 -! 2 SIGNATURE PAGE TO SUBDIVISION IMPROVEMENT AGREEMENT TIVOLI VILLAS SUNBOW PHASE II PLANNING AREA lOA, CHULA VISTA TRACT 01-03 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA D.R. HORTON SAN DIEGO HOLDING COMPANY, INC. JJL- D . lLl Mayor of the city of Chula Vista -JOf-l'" "J) tcï<iL JiL ATTEST City Clerk Approved as to form by rt:~y~ (Attach Notary Acknowledgment) -7- / 0 ~ /3 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $454,116.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $454,116.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $5,200.00 Securities approved as to form and amount by ~lA~ , y Attorney Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement H,\home\attorney\sia\Tivoli villas doc .8. IO-ILf SJAn. OF CALIFORNJA ) ) sS COUNTY OF 5==~ r) .' On ~\ before me, ~~k~ personally appeared I"'*'V" Q. \~ I iY . personally known to me (or proved to me on the basis of satisfuctory evidence) to be the person whose name(s) are/ís subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislher/their authorized capacity, and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SignaturcL::. ~ \~¿-~EAL) '8- - - - ~=~~~= - ¡ Š Notary Public - C.lllomi. ~ l San Diego County ~ My comm. Ðlpinll Sap 8, 2005 ------------ '-. 10-/5 RESOLUTION NO.2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FINAL MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TIVOLI VILLAS, CHULA VISTA TRACT NO. 01-03, SUNBOW UNIT 14 (PLANNING AREA lOA) OF THE CITY OF CHULA VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developer has executed a Subdivision Improvement Agreement for the Final Map satisfaction of applicable conditions of Resolution the conditions of approval of DRC-OI-05. Supplemental that assures 2001-028 and NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby approve the Final Map Supplemental Subdivision Improvement Agreement for Tivoli Villas, Chula vista Tract No. 01-03, Sunbow Unit 14 (Planning Area lOA) of the City of Chula Vista, 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 to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by (ßJpl (~ JO~aheny City Attorney John P. Lippit t Director of Public Works Jla"""'yl""I,,'a Ti,oli ,'"a, (Octobec12,2001(112AMII /D b ) ) ) ) ) ) ) ) ) ) No transfer tax is due as this) is a conveyance to a public) agency of less than a fee interest) for which no cash consideration) has been paid or received. ) ) ) ) Above RECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Developer Space for Recorder's Use SUPPLEMENTAL SUBDIVISlON IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF TIVOLI VILLAS, SUNBOW UNIT 14 (PLANNING AREA lOA), CHULA VISTA TRACT NO. 01-03 (Conditions A, B, C, D, E, F, G-5, G-17, G-20, G-21, G-23, G-28, G-30, G-31, G-32, G-33, G- 34, G-35, G-36, G-37,and G-38 of Resolution 2001-028) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this ~day of October, 2001, by and between THE CITY OF CHULA VISTA, California ("City") for recording purposes only) and the signator of this Agreement, D,R, HORTON SAN DIEGO HOLDING COMPANY, INC., a California Corporation, with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is within approved Tentative Subdivision Map Chula Vista Tract 01- 03 (Resolution No. 2001-028 approved on February 13, 200 I the "Resolution"), which project is commonly known as Tivoli Villas, Sunbow 11 Sectional Planning Area (SPA) Plan. For purposes of this Agreement the term "Project" shall also mean "Property". /0 - :-'1 B. "Owner" or "Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's, successors-in-interest and assigns of any property within the boundaries of the Final Map. D. Developer and/or Developer's predecessor in interest has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 01-03 ("Tentative Subdivision Map") for the subdivision of the Property. E. The City has adopted Resolution No. 2001-028 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. F. City is willing, on the premises, security, terms and conditions herein contained to approve the final map for which Developer has applied as being in substantial conformance with the Tentative Subdivision Map described in this Agreement Developer understands that subsequent final maps may be subject to the same security terms and conditions contained herein. G. The City of Chula Vista Design Review Committee approved the Tivoli Villas condominium project on December II, 2000 Case No, DRC-Ol-05 and adopted Conditions of Approval contained therein to be satisfied prior to the issuance of building permits for the Project H, The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: 1. For purposes of this Agreement, "Final Map" means the final map for Tivoli Villas. 2. "Commencing Construction" means when a construction permit or other such approval has been obtained from the City or a construction contract has been awarded for the improvement, whichever occurs first. 3. "Complete Construction" means when construction on said improvement has been completed and the City accepts the improvement. 4. "Owner or Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's successors-in-interest and assignors of any property within the boundaries of the map. This includes D,R. Horton San Diego Holding Company and any and all owners of real property within the boundaries of the Property, and all signatories to this Agreement 5, "Guest Builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded, 2 ¡O-/8 6."Sunbow Phase lC Map Agreement" means the Supplemental Subdivision Improvement for the Sunbow II Phase lC Units 5, 6, 13, l4 and 15 adopted by Resolution No. 19659. 7. "SPA Plan" means the Sunbow II Sectional Planning Area Plan as adopted by the City Council on February 20,1990 pursuant to Resolution No, 15524 and amended by Sunbow II Village Center SPA Amendment on June 20, 2000 by Resolution No. 2000-221. NOW, THEREFORE, in exchange for the mutual covenants, tenns and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property as described on Exhibit "A" until released by the mutual consent of the parties, b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled, c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a Guest Builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the Guest Builder, provided Developer obtains the prior written consent of the City to such release. Such assignment to the Guest Builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perfonn its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction 3 It) - ;e¡ of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; ii. The conveyance of a lot to a Homeowner's Association; The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 2. Condition A - (General Conditions of Approval). In partial satisfaction of Condition A of Resolution 2001-028, Developer agrees to improve the Project Site as described in the Tentative Map, Chula Vista Tract No. 01-03, Resolution No, 2001-028, Sunbow II Final EIR 88-01, Addendum to Final EIR 88-01and Mitigation Measures. 3. Condition B - (General Conditions of Approval). In partial satisfaction of Condition B of Resolution 200l-028, Developer agrees to diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Sunbow II Final EIR 88-01 and Addendum to Final EIR 88-01. 4. Condition C - (General Conditions of Approval). In partial satisfaction of Condition C of Resolution 2001-028, Developer agrees, to comply with all conditions of approval of the Sunbow II Master Tentative Map, Chula Vista Tract 90-07, established by Resolution No.15640 and approved by Council on May 22, 1990; and shall remain in compliance with and implement the terms, conditions and provisions of the Sunbow II Sectional Planning Area (SPA) plan, General Development Plan, Planned Community District Regulations, Air Quality Improvement Plan, Residential Design Guidelines, including landscaping criteria and Public Facilities Financing Plan as may be amended from time to time, and as are applicable to the property which is the subject matter of this tentative map, prior to approval of the Final Map, or shall have entered into an agreement with the City, providing the City with security (including 4 /0 - 20 recordation of covenants running with the land) and implementation procedures, as the City may require, assuring that after approval of the Final Map, the developer shall continue to comply with, remain in compliance with, and implement such plans. S. Condition D- (General Conditions of Approval). In partial satisfaction of Condition D of Resolution 200l-028, Developer agrees to install public facilities in accordance with the Sunbow II Public Facilities Financing Plan, as amended or as required by the City Engineer to meet the Growth Management threshold standards adopted by the City of Chula Vista. Developer further acknowledges and agrees that the City Engineer and Planning and Building Director may, at their discretion, modifY the sequence of improvement construction should conditions change to warrant such modifications. 6. Condition E - (General Conditions of Approval). In partial satisfaction of Condition E of Resolution 200l-028, the applicant shall develop the condominium project in accordance with the applicable Sunbow 11 Planned Community District Regulations and Design Guidelines, and as conditionally approved by the City's Design Review Committee on December 11,2000 as set forth in letter of conditional approval dated December 12, 2000. 7. Condition F- (General Conditions of Approval). In partial satisfaction of Condition F of Resolution 200l-028, Developer acknowledges and agrees that improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning and Building. Developer further acknowledges and agrees that if additional phasing is proposed through subsequent final maps, the City reserves the right to conditionally approve each final map and require improvements, facilities and/or dedications as necessary to provide adequate circulation, and to meet the requirements of Police and Fire Departments. The City Engineer and Planning and Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such revision(s). 8. Condition G-S (Street, Rights-of Way and Public Improvements). ln partial satisfaction of Condition G-5, of Resolution 2001-028, the Developer agrees to construct sidewalks, pedestrian ramps on all common walkways, and parking areas as shown on the pedestrian hardscape plan to meet "Americans with Disabilities Act" (ADA) standards and as approved by the City Engineer. 9. Condition G-17 (Grading and Drainage). In partial satisfaction of Condition G-17, of Resolution 200 l-028, the Developer agrees to hold the City harmless from any liability caused from erosion, siltation or increase in flow of drainage resulting from this project. 10. Condition G-20 and 21 - (Withhold Building Permits and Hold Harmless). ln partial satisfaction of Condition No. G-20 and 2l of the Resolution, the Developer understands and agrees that the performance of Developer's obligations hereunder is required for the health and safety of the residents of its Project. Therefore Developer agrees: 5 /0-)/ a. That the City may withhold building pennits for the subject subdivision if any one of the following occur: i. Regional development threshold limits set by a future transportation phasing plan for the City of Chula Vista, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program, as may be amended from time to time, ii. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. iii, The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City, The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City's Director of Planning and Building and the Public Works Director. IV. The Developer does not comply with the terms of the Reserve Fund Program. b. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. To ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer agrees that the City of Chula Vista may grant access to cable companies franchised by the City of Chula Vista to place conduit within the City's easement situated within the Project. Developer shall restrict access to the conduit to only those tTanchised cable television companies who are, and remain in compliance with, all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. d, That the City may withhold the issuance of building pennits for the Project, should the Developer be determined by the City to be in breach of any of the tenns of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. 11. Condition G-27 (Noise Analysis). In partial satisfaction of Condition No, G-27 6 /1)-22 of the Resolution, prior to issuance of the first building permit for a residential unit within the Project, Developer shall submit for approval by Director of Planning and Building, a noise analysis for residences located along the southern portion of the Project including residential units within Building Nos. 3 through 15, inclusive, as shown on the Project's approved Rough Grading Plan (c.V. Dwg. No. 01015), The noise analysis shall provide recommendations to ensure that the interior DNL shall not exceed the interior noise standard of 45 dB. Developer further agrees to comply with those recommendations and Developer acknowledges that required remedies may include air-conditioning, mechanical ventilation and/or sound-rated windows for specific units, 12. Condition G-28 (Miscellaneous). In partial satisfaction of Condition G-28, of Resolution 2001-028, the developer shall provide required bus facilities to the satisfaction of the City's Transit Coordinator. 13. Condition G-31 (Code Requirements). ln partial satisfaction of Condition G- 31, of Resolution 200l-028, the Developer agrees to underground all utilities within the subdivision in accordance with Municipal Code requirements, 14. Conditions G-30, G-32, G-36 and G-37 (Code Requirements). In partial satisfaction of Conditions G-30, G-3l, G-36 and G-37 of Resolution 2001-028, the Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. Developer acknowledges and agrees that the preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act, the City of Chula Vista Subdivision Ordinance and Subdivision Manual. Developer further acknowledges and agrees to comply with all aspects of the City ofChula Vista Landscape Manual and with section 19.56.020 of the Chula Vista Municipal Code in terms ofrequired enclosed storage space requirements for each dwelling unit Developer further acknowledges and agrees that compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlement and market conditions, shall govern Sunbow II development patterns and the facility improvement requirements to serve such development Developer further acknowledges and agrees that in addition, the sequence in which improvements are constructed shall coITespond to any future transportation phasing plan for the City of Chula Vista or amendment to the Growth Management Program and Ordinance adopted by the City. Developer further acknowledges and agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act The Developer further acknowledges and agrees to be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 15. Condition G-33 and G-34 (Code Requirements). In partial satisfaction of Condition G-33 and G-34, of Resolution 2001-028, the Developer shall pay the amount of said fees in effect at the time of issuance of building permits, in accordance with the City Code and Council Policy, including, but not limited to, the following: a) The Transportation and Public Facilities Development Impact 7 /0-23 d) e) f) h) Fees. Signal Participation Fees. All applicable sewer fees, including but not limited to sewer connection fees. Interim SR-125 impact fee. Poggi Canyon (Gravity Flow) Sewer Basin DIF, Poggi Canyon Basin Drainage DIF. Applicable school district fees. b) c) 16. Condition G-35 (Code Requirements). In partial satisfaction of Condition G- 35, of Resolution 2001-028, the developer shall ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" assessments. 17. Condition No. 38. - (Growth Management Ordinance). In partial satisfaction of Condition No. 38 of the Resolution, Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City, Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09,100). Developer further acknowledges and agrees that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 18. NPDES (Best Management Practices). Developer agrees to comply with all applicable regulations established by the United States Environmental Protection Agency as set forth in the National Pollution Discharge Elimination System (NPDES) pennit requirements for urban runoff and storm water regulations adopted by the City of Chula Vista pursuant to NPDES regulations or requirements. The Developer further agrees to file a Notice ofIntent with the State Water Recourses Control Board to obtain coverage under NPDES General Pennit for stonn water discharges associated with construction activity and shall implement a Stonn Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. Developer acknowledges and agrees the SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identifY funding mechanisms for post construction control measures. 19. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by Resolution No.2001-028 and shall remain in compliance with and implement the 8 -ZL.f tenus, conditions and provisions therein. 20. Previous Agreements. The Developer acknowledges that nothing in this Agreement shall supersede, or nullify the Sunbow Phase IC Map Agreement. 21. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map, 22. Building Permits. Developer and Guest Builders understand and agree that the City may withhold the issuance of building permits for the Project, should the Developer be detennined by the City to be in breach of any of the tenus of this Agreement, the conditions of Resolution 2001-028 or the conditions of DRC-OI-05. The City shall provide the Developer of notice of such detennination and allow the Developer with reasonable time to cure said breach. 23. Lot Line Adjustment. Prior to the issuance of a building pennit for the first residential unit in the final phase of the Project or by April 11, 2003, whichever occur earlier, the Developer agrees to file a Lot Line Adjustment Plat or Parcel Map, which shows the consolidation of Lot "A" of the Final Map and Lot "D" of Map No. 139l7, to the satisfaction of the City Engineer. The Developer further agrees to grant Lot "A" to the owners of said Lot "D" on said Parcel Map or, in the case of a Plat, by separate instrument. Developer further agrees to take all necessary legal steps to grant Lot "A" to the owner of Lot "D". 24. Assignablity. Upon request of the developer, any or all on-site duties and obligations set forth herein may be assigned to developer's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, pennit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this agreement. Such assignment shall be in a fonn approved by the City Attorney, Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. 25. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 9l9IO 9 )'J-:Z5 Attn: Director of Public Works DEVELOPER: D.R, Horton 10lO South Coast Highway 101, Suite 101 Encinitas California 92024 A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms, c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Attachments, Any recitals and Attachments set forth above are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. [NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] 10 /1) - [PAGE ONE OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION AGREEMENT FOR THE FINAL MAP OF TlVOLI VILLAS, SUNBOW UNIT 14 (PLANNING AREA lOA) CHULA VISTA TRACT NO. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth, CITY OF CHULA VISTA Mayor Attest: Susan Bigelow City Clerk (j ))i\C~ ~af¡eny ~ City Attorney [NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES] II 10-27 [PAGE TWO OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION AGREEMENT FOR THE FINAL MAP OF TIVOLI VILLAS, SUNBOW UNIT 14 (pLANNING AREA lOA) CHULA VISTA TRACT NO. DEVELOPERS/OWNERS: D. R, Horton San Diego Holding Company, Inc. a California Corporation BY:~~,LL J>( Title: (Attach Notary Acknowledgment) 12 /0 - 22 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY LOT 248 OF CHULA VlSTA TRACT NO. 90-07, SUNBOW PHASE lC, UNITS 5, 6, l3, 14 AND l5 IN THE CITY OF CHULA VISTA,COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEROF NO. 13917, FILED IN THE OFFICE OF SAID COUNTY RECORDER ON JANUARY 19, 2000, EXCEPTING THEREFROM THAT PORTION OF PARCEL "A" OF CERTIFICATE OF COMPLIANCE, RECORDED ON AUGUST 11,2000 AS FILE NO. 2000-0428230 OF OFFICIAL RECORDS. 13 ID .' 2 c¡ STATE OF CALIFORNIA) , ) ss ('OUNTY OF ç~~:::p On .t:~. before mc, c:.:;.,,~.~perSOnallY appeared l<5l1~v- Do ~ \ Iv . personallyknown to me (or proved to me on the basis ofsatisfuctory evidence) to be the person whose name(s) arelis subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislher/their authorized capacity, and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal. Signature G~4~) 16)- - - - ~~:~=-~ I' Notary Pu~lic - California ~ ~ San Doego County ~ - - - -My~~~~~6.:.2~ '-, )(J - 30 COUNCIL AGENDA STATEMENT Item Meeting Date 10/23/01 ITEM TITLE: Resolution Approving a Final Map for R-47/C-1/CPF-1 of Chula Vista Tract No. 96-04A, Otay Ranch Village 1, SPA One, accepting on behalf of the City of Chula Vista any and all Abutter's Rights of Access in and to East Palomar Street, granted on said map within said subdivision and Terminating, Vacating and Abandoning the Relinquishment of Abutter's Right of Access in and to East Palomar Street dedicated to the City per Map No. 13990, Acknowledging the Offer of Dedication of 8.12 acres for Public Park and Other Public Purposes. Resolution Approving a Final Map Supplemental Subdivision Agreement for R-47/C-1/CPF-1, of Chula Vista Tract 96-04A Otay Ranch Village 1, SPA One and authorizing the Mayor to execute said agreement. SUBMITTED BY: Director of Public Works c~ REVIEWED BY: City Manage (4~5tbs Vote: Yes__No X ) Tonight, Council will be considering the approval of a Final Map for the Heritage Town Center Mixed Use Project in Otay Ranch, Village 1. The map consists of four numbered lots and one open space lot. Proposed development of the 10.23-acre site includes 271 units affordable housing, 91 of which are for seniors, 30,000 square feet of office/commercial/retail space, a service station and a day care center. RECOMMENDATION: That Council approve the Resolution approving a Final map and Supplemental Subdivision Agreement for R-47/C- 1/CPF- 1 of Chula Vista Tract No. 96-04A, Otay Ranch Village 1, SPA One. DISCUSSION: On May 4, 1999, by Resolution 19448, City Council approved the Tentative Subdivision Map for Phase 7 of Village 1 of the Otay Ranch project including the Village 1 Core, which is composed of Neighborhood R-47, Commercial Lot C-1 and Community Purpose Facility (CPF) - 1. The SPA Plan for Village 1 allocated 174 multi-family units to R-47, 8.1 acres of commercial and a 1.5-acre CPF site within the Village 1 Core. On January 22, 2001 the City of Chula Vista Design Review Committee approved the Village 1 Core Mixed-Use project under the name "Heritage Town Center" (DRC-01-23). The Heritage Town Center plan proposes 180 units in R-47 (Lot 4 of the Final Map) and 91 multi-family units in the mixed-use component in Final Map Lot 3, in addition to the Page 2, Item Meeting Date 10/23/01 office/commercial/retail space, the convenience store/service station and the day care center. The additional residential units are reallocated from other phases of SPA One that did not utilize the full allocation assigned to them by the SPA plan. A condition of the DRC approval requires that the reallocation of units be approved by a SPA Plan Amendment prior to the issuance of building permits for R-47 or for residential units in C-1. The City Council adopted Resolution 2001-165 on May 29, 2001, which conditionally approved financial assistance for the project in the form of a residual receipts loan from the low- and moderate-income housing fund, a 1 O-year deferral the Public Facilities Development Impact Fee, waiver of the Residential Construction Fee and waiver of the Park Development Fee. However the Park Land Dedication Obligation of 1.80 acres of commtmity park land for the Project remains and the Otay Ranch Company has offered an 8.12 acre parcel in Village 2 for this and other final maps in Village 1 and Village 1 West to fully satisfy Otay Ranch Company's park land dedication obligations for SPA One. The Final Map is designated as a map of a "Condominium Project" of 6 units in Lot 3 and as such will not require a subsequent tentative or final map to create the condominium units or any common areas proposed for the mixed-use project. The configuration of the Heritage Town Center, as defined by the Final Map, is as follows: LotNo. Land Use C~do~ni~ Resid~t~tial U~ ~cr~s 1 Service Station 0.127 2 Convenience Store 0.297 3 Mixed-Use 6 91 3.530 4 Multi-Fanfily 180 5.492 A Private Open Space 0.789 The Final Map has been reviewed by the Departments of Public Works and Planning and Building and found to be in substantial conformance with the approved Tentative Map. Pursuant to CVMC Sec. 18.40.120, approval of the map constitutes acceptance of relinquishment of abutter's rights of access along East Palomar Street except for a shared access opening to Lot 1 (the service station) and Lot 3 (the mixed-use site). The Developer has also executed a Supplemental Subdivision Agreement (SSA) addressing partial satisfaction of Conditions 1,3,4, 5,8,9,20,40,56,76,84,85,104,105,106,122-127,130-134,136 and 144 of Resolution No. 19448 and all the Conditions of DRC-01-23. Staff has reviewed the SSA and determined that it assures the satisfaction of all applicable conditions for final map approval and recommends Council approval. FISCAL IMPACT: None to the General Fund. Developer has paid all costs associated with the proposed final map and the SSA. Attachments: Attachment 1: Plat -Final Map Attachment 2: Developer's Disclosure Statement J:\Engineer\AGENDA\R-47 Agenda Statement.doc ATTACHMENT, . THE CITY OF CHULA VISTA DISCLOSURE Pursuant to Court=il Policy 101-01, prior to any action upon matter~ which will require discretionary action by the Council, Planning Commission and all o~hcr official bodies of the City, a smt~men~ of disclosure of c~nah~ ownership or financial intercom, payments, or campaign con~r~ufions For a Cily of Chula Vishl election m~st be filed, The following information must bc disclosed: 1. Lis~ the nam~ of all l~r~ons having a ~ancial interest/n d~e properW lhat is the subjec£ of the application or the ¢on:rac~, e.g., owner, applicant, conwacior, subcontractor, material supplier. Ota¥ Pro_i eet 2. If any I~rson* id~nfif/~d pursuant m (t) above/s a ~on or p~p, ~ ~ n~ of aH mdMdu~ w~ ~ B~ 3. If any porson* idenfifie, d pursuant to (1) above is a non-profi~ orff~-i~,=~ion or trust, list the rmm~ of any person serving as director of thc non-profit organization or as trustee or beneficiary or Irustor of the trusk 4, Please identify every person, including any agents, empl0yees, consukams, or independent contractors you have assigned to represent you before the City in this malzer? ..... A1 Baldwin Ranie Bunt~r , Kim Kilkenny Chuck Cater ~.~ c ..... H~ a~y person* associated with this contract Md any financial dc~lings with an official'~' of the City of Chula Vista as ir relates to this contract within th= pa~ 12 months. Yes' No x' .. If Yes. briefly describe the nature of the financial interest the official~' rmy have in thi~ ~ontract? 6. Have yon made a cunUibution of mote than $250 within ~e past twelve C1:2) monfl~s to a current member of the. Chula Vista City Council? No X__ Yes ~ I£ yes. which Council member? 7. Have yon or ~my membar of your governing board (i.e. Corporate Board of Direc£o~/~xcaufivea, non-profit Board of Directors m~de coraibudons to.in§ mom than $1,000 over the p~ut four (4) yc,u'~ to a currcnr member of thc C'hula Vi~m City Council? Yes, No X If Yes, wblch Council member? Have you provided more than $300 (or a.n item of equivalent value) to an officlal~''~ of the City of Chub Vista in thc past twelve (12) months? (Th~ includes b~ing a soul'cc of income, money to r~fin~ a legal debt, gift, ioan, 'tc.) Yes___ No x II' Yea, which official*" and what was the hamrc of i~m provided? Signature ot~ Co~orlAppilcant Princ or type nmne of,Contractor/Applicant. P~r~n ~ ~d ~: ~ ~d~, ~, c~p~hip, jolt ~e, ~i~, ~ club, ~e~ c~, ~. ~ ~iver, ~, ~ o~r co.w, d~, ~eip~, ~ct, or o~ ~t~ s~sion, -or 0~ ~ch~d~S. ~ h not ~t~ to; Mayor. Co.cfi membgr, Pl~nlng ~mmlssi~er, M~b~ of a bo~d, H :~t OME"',~GINF-~'~DM~F~CON TKACT~200.23 ('Boile~, RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF CHULA VISTA APPROVING A FINAL MAP FOR R-47/C- 1/CPF- 1 OF CHULA VISTA TRACT NO. 96-04A, OTAY RANCH VILLAGE 1, SPA ONE, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA ANY AND ALL ABUTTER'S RIGHTS OF ACCESS IN AND TO EAST PALOMAR STREET, GRANTED ON SAID MAP WITHIN SAID SUBDIVISION AND TERMINATING, VACATING AND ABANDONING THE RELINQUISHMENT OF ABUTTER'S RIGHT OF ACCESS IN AND TO EAST PALOMAR STREET DEDICATED TO THE CITY PER MAP NO. 13990, ACKNOWLEDGING THE OFFER OF DEDICATION OF 8.12 ACRES FOR PUBLIC PARK AND OTHER PUBLIC PURPOSES. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled R-47/C-1/CPF-1 of Chula Vista Tract No. 96-04A, and more particularly described as follows: Lots 7 through 11 of Chula Vista Tract No. 96-04A Village One "A" Map No. 2 according to Map thereof No. 13990, and portions of Parcels 3, 4 and 6 of Parcel Map No. 18349 and Lot "1" of Map No. 14112. Area: 10.23 Acres No. of Lots: 5 Numbered Lots: 4 Lettered Lots: 1 Open Space Lots: 0.789 Acres is made in the manner and forn~ prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula any and all abutter's fights of access in and to East Palomar Street, granted on said map within said subdivision and terminating, vacating and abandoning the Relinquishment of Abutter's Right of Access in and to East Palomar Street Dedicated to the City per Map No. 13990. BE IT FURTHER RESOLVED, said Council hereby acknowledges on behalf of the City of Chula Vista an Irrevocable Offer of Dedication of 8.12 acres for Public Park and Other Public Purposes, noting that Section 7050 of the Government Code of the State of California provides that such offers of dedication may be accepted at any future time by the City Council. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain abutter's fights of access, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as heroin above stated. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. Presented by Approved as to form by Lippitt ~~ ~'~4F ';°ihrenctP~r o f Public Works ~At~oKma~e~ny ~) J:\attt)mey\reso\R47 Final Map 2 /t-7 RESOLUTION NO.2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULJk VISTA APPROVING A FINAL MAP SUPPLEMENTAL SUBDIVISION AGREEMENT FOR R-47/C-1/CPF-1, OF CHULA VISTA TRACT NO. 96-04A, OTAY PJkNCH VILLAGE 1, SPA ONE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developer has executed a Supplemental Subdivision Agreement which addresses partial satisfaction of Conditions 1, 3, 4, 5, 8, 9, 20, 40, 56, 76, 84, 85, 104, 105, 106, 22-127, 130-134, 136 and 144 of Resolution No. 19448 and all the Conditions of DRC-01-23. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Final Map Supplemental Subdivision Agreement for R-47/C-1/CPF-1, of Chula Vista Tract No. 96-04A, Otay Ranch Village 1, SPA One, 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 to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt ~.o~n~/~. Kaheny Director of Public Works Ci'~y Attorney J:\aRorney\reso/ssiaR-47 (October 18, 2001 (8:55AM)] WHEN RECORDED MAIL TO: } ) ) } } } } } ) ) No transfer tax is due as this) is a conveyance to a public) agency of less than a fee interest) for which no cash consideration} has been paid or received. } } } } Above City Clerk RECORDING REQUEST BY: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Developer Space for Recorder's Use SUPPLEMENTAL SUBDIVISION AGREEMENT FOR THE FINAL MAP OF OTA Y RANCH VILLAGE ONE, NEIGHBORHOOD R-47/ C-l! CPF-l, CHULA VISTA TRACT NO. 96-04A (Conditions 1,3,4,5,8,9,15,18,20,.40,56,76,84, 85,104,105,106,114,122,123,124,125, 126,127,130,131,132,134,136, and 144 of Resolution 19448) This Supplemental Subdivision Agreement ("Agreement") is made this _day of October, 2001, by and between THE CITY OF CHULA VISTA, California ("City") for recording purposes only) and the signator of this Agreement, OTA Y PROJECT loP., a California Limited Partnership, with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is within approved Tentative Subdivision Map Chula Vista Tract 96- 04A (Resolution No. 19448 approved on May 4, 1999 the "Resolution"), which project is . ~ .' ! commonly known as Village 1, Phase 7 of the Otay Ranch Project, Sectional Planning Area One (SPA One), and a portion ofChula Vista Tract 96-04. For purposes of this Agreement the term "Project" shall also mean "Property". B. "Owner" or "Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's, successors-in-interest and assigns of any property within the boundaries of the Final Map. C. Otay Ranch loP. conveyed title of the Project area to South Bay Project, LLC, a Delaware limited liability company on August 26,1997, which in turn conveyed the Property to Otay Project LLC, ("Otay Project"), a venture jointly owned by South Bay Project, LLC, a Delaware limited liability company and Otay Ranch Development, LLC, a Delaware limited liability company, which in turn conveyed the Property to Otay Project loP., A California Limited Partnership. D. Developer and/or Developer's predecessor in interest has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 96-04A ("Tentative Subdivision Map") for the subdivision of the Property. E. The City has adopted Resolution No. 19448 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. F. City is willing, on the premises, security, terms and conditions herein contained to approve the final map for which Developer has applied as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. Developer understands that subsequent final maps may be subject to the same security terms and conditions contained herein. G. City Council by Resolution No. 2001-165 adopted on May 29, 2001, conditionally approved financial assistance for the Project. H. The City of Chula Vista Design Review Committee approved Otay Ranch Village One Core Mixed Use Project as File No. DRC-01-23 and adopted Conditions of Approval ("DRC-Ol-O3 Conditions") contained therein to be satisfied prior to the issuance of any building permits within the Project. 1. The following defined terms shall have the meanmg set forth herein, unless otherwise specifically indicated: 1. For purposes of this Agreement, "Final Map" means the final map for Otay Ranch Village One Neighborhood R-47/C-lICPF-1. 2. "Commencing Construction" means when a construction permit or other such 2 -I) approval has been obtained from the City or a construction contract has been awarded for the improvement, whichever occurs first. 3. "Complete Construction" means when construction on said improvement has been completed and the City accepts the improvement. 4. "Owner or Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's successors-in-interest and assignors of any property within the boundaries of the map. This includes Otay Project, loP. and any and all owners of real property within the boundaries of the Property, and all signatories to this Agreement. 5. "Guest Builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. 6. "PFFP" means the SPA One Public Facilities Financing Plan adopted by Resolution No. 18286, as amended by Resolution No. 19408 and as may be further amended from time to time. 7."'A' Map Agreement" means the Supplemental Subdivision Improvement for the Village 1, Phase 7 of the Otay Ranch Project, Map Number 13990, adopted by Resolution No. 2000-209. 8. "Parks Master Plan" means the City-wide Parks Master Plan, subject to future City Council approval. 9 "Otay Ranch Parks Agreement" means the agreement pertaining to the construction of parks in Otay Ranch SPA One, McMillin Lomas Verdes and Otay Ranch adopted by Resolution No. 19636 as may be amended from time to time. 10. "SPA One Plan" means the Otay Ranch Sectional Planning Area Plan as adopted by the City Council on June 4, 1996 pursuant to Resolution No. 18286 and amended on February 16,1999 by Resolution No. 19376. 11. "Olympic Parkway Agreement" means the Agreement for the Financing and Construction of Olympic Parkway and Related Roadway Improvements approved by the City Council on April 20, 1999 by Resolution No. 19410. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 3 1. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property as described on Exhibit "A" until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a Guest Builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the Guest Builder, provided Developer obtains the prior written consent of the City to such release. Such assignment to the Guest Builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; ii. The conveyance of a lot to a Homeowner's Association; 4 The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 2. Condition No.1 - (General Preliminary). In partial satisfaction of Condition 1 of Resolution 19448, Developer hereby agrees, to comply with the requirements and guidelines of the Otay Ranch General Development Plan (GDP), the SPA One Parks, Recreation, Open Space and Trails Plan, the Public Facilities Financing Plan ("PFFP"), Ranch-Wide Affordable Housing Plan, SPA One Affordable Housing Plan, and the SPA One Non-Renewable Energy Conservation Plan, as may be amended from time to time, and shall remain in compliance with and implement the terms, conditions and provisions of said documents. 3. Condition No.3 - (General Preliminary). In partial satisfaction of Condition No.3 of the Resolution, Developer hereby agrees that if any of the terms, covenants or conditions contained within the Resolution shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to deny the issuance of building permits for the Project, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable period of time. 4. Condition No.4 - (General Preliminary). In partial satisfaction of Condition No.4 of the Resolution, Developer hereby agrees to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. 5. Condition No.5 - (General Preliminary). In partial satisfaction of Condition 5 of the Resolution, Developer hereby agrees, that Developer shall comply with the all applicable SPA One conditions of approval. 6. Condition No.9 - (CEQA). In partial satisfaction of Condition No.9 of the Resolution, Prior to approval of each final "B" Map, the applicant shall implement all applicable 5 ¡I - /3 mitigation measures identified in EIR 95-01, subsequent EIR 97-03, the CEQA Findings of Fact for this Project (on file in the City Clerk's Office as Document No. CO96-056 and Resolution No. 18286) and the Mitigation Monitoring and Reporting Program (on file in the City Clerk's Office as Document No. CO96-057 and Resolution Nos.18284 and 18285). 7. Condition No. 15 - (Conditions of Approval). In partial satisfaction of Condition No. 15 of the Resolution, the Developer agrees that, prior to issuance of a building permit for any multiple family lot that does not require the filing of a final map, all the applicable conditions of approval of the tentative map, shall be satisfied as determined by the City Engineer. 8. Condition No. 18 - (Monumentation/Signage). In satisfaction of Condition No.18 of the Resolution, the Developer agrees that proposed monumentation and signage for the Project shall be consistent with the Village Design Plan and shall be reviewed and approved by the Director of Planning and Building. 9. Condition No. 20 - (Wall Plan). In satisfaction of Condition No. 20 of the Resolution, the Developer shall submit to for approval by the Director of Planning and Building a comprehensive wall plan for the Project indicating color, materials, height and location. The Developer further acknowledges and agrees that materials and color used shall be compatible and all walls located in corner side-yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a decorative masonry and/or wrought iron material. 10. Condition No. 40 - (Encroachment Permit). In satisfaction of Condition No. 40 of the Resolution, the Developer agrees to apply for and obtain an encroachment permit prior to the installation of all private facilities within the public right of way. The Developer shall maintain, in perpetuity, membership in an advance notice such as the USA Dig Alert Service and shall cause any private facilities owned by the Developer to be marked out whenever work is performed in the area. 11. Condition No. 56 - (NPDES). In satisfaction of Condition No. 56 of the Resolution, Developer agrees to comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. 12. Condition Nos. 76 - (Neighborhood Parks). In partial satisfaction of Condition No. 76 of the Resolution, the Developer agrees that the Project shall satisfy the requirements of the City's Park-Land Dedication Ordinance (PLDO) (Chapter 17.10). The ordinance establishes a requirement that the Project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks, neighborhood parks and pedestrian parks. Two thirds (2 acres/1,000 residents) of local park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian parks within SPA One. The remaining requirement (1 acre/l,OOO residents) shall be satisfied through the payment of Park Acquisition and Dedication (PAD) fees, dedication of land, or a combination thereof. The PLDO requirements for the Project shall be satisfied as stated above or as authorized in Resolution No. 2001-165 dated May 29, 2001. 6 ! l.. :..¡- 13. Condition Nos. 84 - (Neighborhood Parks). In partial satisfaction of Condition No. 84 of the Resolution, Developer has entered into the Otay Ranch Park Agreement wherein the Developer agrees to construct neighborhood parks (P-I and P-2 in Village One) in accordance with the terms of said Otay Ranch Park Agreement and consistent with the Parks Master Plan. The Developer further agrees to comply with the City's Parklands and Public Facilities Ordinance, and any future modification thereof. 14. Condition Nos. 85 - (Community Parks). In partial satisfaction of Condition No. 85 of the Resolution, Developer shall satisfy its community park-land dedication obligation as authorized in Resolution No. 2001-165, or as required by the PLDO Chapter 17.10 15. Condition No. 104 - (Withhold Building Permits and Hold Harmless). In partial satisfaction of Condition No.1 04 of the Resolution, the Developer understands and agrees that the performance of Developer's obligations hereunder is required for the health and safety of the residents of its Project. Therefore Developer agrees: a. That the City may withhold building permits for the subject subdivision if any one of the following occur: i. Regional development threshold limits set by a future transportation phasing plan for the City of Chula Vista, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program, as may be amended from time to time. ii. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. iii. The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City's Director of Planning and Building and the Public Works Director. IV. The Developer does not comply with the terms of the Reserve Fund Program. b. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 7 i- !5 c. To ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer agrees that the City of Chula Vista may grant access to cable companies franchised by the City of Chula Vista to place conduit within the City's easement situated within the Project. Developer shall restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. d. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. e. To hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 16. Condition No. 105 - (Congestion Management Program). In satisfaction of Condition No. 105 of the Resolution, the Developer agrees to the following: a. To participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of correctional facilities. 17. Condition No. 106 - (High School Site). In partial satisfaction of Condition No. 106 of the resolution, the Developer shall deliver to the School District a graded high school site including utilities provided to the site and an all weather access road acceptable to the District prior to issuance of the 1,400th building permit within Chula Vista Tract No. 96-04A. The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. 18. Condition No. 114 - (Growth Management Ordinance. In satisfaction of Condition No. 114 of the Resolution, the Developer agrees, upon the request of the City, to the following: a. Fund the preparation of an annual report monitoring the development of Otay Ranch as described in Chapter 9, "Growth_Management of the Otay Ranch General Development Plan". The annual report will analyze the supply of, and demand, for public facilities and services governed by the thresholds. 8 II-If:¡ b. Prepare a five (5) year development phasing forecast identifYing targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifYing financing options for necessary facilities as described in Chapter 9, "Growth Management" of the Otay Ranch General Development Plan". 19. Condition No. 122 - (PFFP). In partial satisfaction of Condition No. 114 of the Resolution, Developer acknowledges and agrees that the Public Facility Finance Plan or revisions thereto shall be adhered to for the tentative map with improvements installed in accordance with the Project's SPA plan or as required to meet threshold standards adopted by the City of Chula Vista. Developer acknowledges and agrees that the PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Developer further acknowledges and agrees that: a. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP; b. Neither the PFFP nor any other SPA One document grant the Developer an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP; c. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve such development; d. In addition, the sequence in which improvements are constructed shall correspond to any future transportation phasing plan for the City of Chula Vista or amendment to the Growth Management Program and Ordinance adopted by the City; e. The City Engineer may modifY the sequence of improvement construction should conditions change to warrant such a revision; f. The Otay Ranch SPA One PFFP, at the Developer's expense and subject to a Reimbursement Agreement, shall be updated no later than six (6) months after the approval of a PFFP for the EastLake III GDP Area, and the conclusions of such update, including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and final maps. Developer agrees that the City Engineer may change the timing of construction of the public facilities. 20. Condition No. 123 - (Code Requirements). In partial satisfaction of Condition No. 123 of the Resolution, Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. Developer further agrees that any final map for the Project and all plans for said Project shall be prepared in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 9 ! I - -7 ( 21. Condition No. 124. - (Undergrounding). In partial satisfaction of Condition No. 124 of the Resolution, Developer agrees to underground all utilities within the subdivision in accordance with Municipal Code requirements. 22. Condition No. 125 - (Payment of Fees). In partial satisfaction of Condition No. 125 of the Resolution, prior to the issuance any building permit for the Project, Developer agrees to pay the following fees in accordance with the City Code and Council Policy, or as authorized in Resolution No. 2001-165.: a. The Transportation and Public Facilities Development Impact Fee. b. Traffic Signal Participation Fee. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR -125 impact fee. f. Poggi Canyon Sewer Basin Development Impact Fee h. Reimbursement District for Telegraph Canyon Road Phase 2 i. Pedestrian Bridge Development Impact Fee 23. Condition No. 126 - (Code Requirements). In partial satisfaction of Condition No. 126 of the Resolution, Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The Developer further acknowledges and agrees to be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 24. Condition No. 127 - (Disclosure of Special Taxes). In partial satisfaction of Condition No. 127 of the Resolution, Developer agrees to ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit disclosure form for approval by the City Engineer prior to Final Map approval. 25. Condition No. 130. - (Landscape Manual). In satisfaction of Condition No. 130 of the Resolution, Developer agrees to comply with all aspects of the City ofChula Vista Landscape Manual. 26. Condition No. 131. - (Planned Community District Regulations). In satisfaction of Condition No. 131 of the Resolution, Developer agrees to comply with the Otay Ranch SPA One planned Community District Regulations. 27. Condition No. 132. - (Growth Management Ordinance). In partial satisfaction 10 / i - /2' of Condition No. 132 of the Resolution, Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). Developer further acknowledges and agrees that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 28. Condition No. 134. - (NPDES). In satisfaction of Condition No. 134 of the Resolution, Developer agrees to comply with all applicable regulations established by the United States Environmental Protection Agency as set forth in the National Pollution Discharge Elimination System (NPDES) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations or requirements. The Developer further agrees to shall file a Notice of Intent with the State Water Recourses Control Board to obtain coverage under the NPDES General Permit for storm water discharges associated with construction activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. Developer acknowledges and agrees that the SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. 29. Condition No. 136 - (Guarded Entrances). In satisfaction of Condition No. 136 of the Resolution, Developer agrees that guarded entrances will not have physical barriers and that the entrances will be staffed from dusk until dawn, unless the MHOA or the applicant determines it is economically impractical. 30. Condition No. 144 - (MHOA). In satisfaction of Condition No. 144 of the Resolution, Developer agrees that future property owners will be notified during escrow, by a document to be initialed by the owners, and approved by the City Engineer and Director of Planning, of the maintenance responsibilities of the MHOA and their estimated annual cost. 31 Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation of Condition Nos. I, 3, 4, 5, 8, 9, 15, 18,20,40, 56, 76, 84, 85, 104, 105, 106, 114, 122, 123, 124, 125, 126, 127, 130, 131, 132, 134, 136, and 144 of the Resolution. Developer further understands and agrees that the some of the provisions herein may be required to be performed or accomplished prior to the approval of other final maps for the Project, as may be appropriate. 32. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, II /1- Q ¡ that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by Resolution No. 19448 and shall remain in compliance with and implement the terms, conditions and provisions therein. 33. Previous Agreements. The Developer acknowledges that nothing in this Agreement shall supersede, nullify or otherwise negatively impact the terms of the first and second Village 1 "A" Map Agreements, (Resolution Nos. 19044 and 2000-209, respectively and or all prior "B" Map Agreements for Village 1, unless specifically noted herein. This Agreement affirms and reflects the terms, conditions and provisions of the "A" Map Agreements, all subsequent Final "B" Map Agreements and of the Tentative Map 96-04A conditions applicable specifically to the Final Map for the Property. 34. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map. 35. Building Permits. Developer and Guest Builders understand and agree that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement or DRC-01-03 Conditions. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 36. Assignablity. Upon request of the developer, any or all on-site duties and obligations set forth herein may be assigned to developer's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this agreement. Such assignment shall be in a form approved by the City Attorney. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. Facsimile transmission shall constitute personal delivery. 37. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 12 I - 2::7 Attn: Director of Public Works Developer: Otay Project, loP. 350 West Ash Street, Suite 730 San Diego, CA 92101 Attn: Kim John Kilkenny Fax (619) 234-4088 A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. Facsimile transmission shall constitute personal delivery. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Attachments. Any recitals and Attachments set forth above are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. g. Olympic Parkway Agreement. The parties do not intend by this Agreement to modify or amend in any way the Olympic Parkway Agreement. To the extent of any inconsistencies between this Agreement and the Olympic Parkway Agreement with regard to obligations specifically set forth in the Olympic Parkway Agreement, the Olympic Parkway Agreement shall control. 13 (/-21 [NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] 14 (/-22- [PAGE ONE OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION AGREEMENT FOR THE FINAL MAP OF OTAY RANCH VILLAGE ONE NEIGHBORHOOD R-47/C-l/CPF-1, CHULA VISTA TRACT NO. 96-04A] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA Mayor Attest: Susan Bigelow City Clerk John M. Kaheny City Attorney [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] 15 1'-23 OCT. l~. 2001 1:25PM THE OTAY RANCH CO NO. 9971 P. 2 [pAGE TWO OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION AGREEMENT FOR THE FINAL MAP OF OTA Y RANCH VILLAGE ONE NEIGHBORHOOD R-471C-lICPF-1, CHULA VISTA TRACT NO. 96-04A] DEVELOPERS/OWNERS: OTA Y PROJECT. L.P., a California limited partnership By: Otay Project, LLC, a California limited liability company, General Partner By: Olay Ranch Development, LLC, II Delaware limited liability company. Authorized Member By:C- ~ Title: (./¡u¡ ~W7 (Attach Notary Acknowledgment) 16 2-~ EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY LOTS 7 THROUGH 11 OF CHULA VISTA TRACT NO. 96-04A VILLAGE ONE "A" MAP NO.2 ACCORDING TO MAP THEREOF NO. 13990, PORTION OF PARCELS 3, 4 AND 6 OF PARCEL MAP NO. 18349 AND LOT "L" OF MAP NO. 14112. 17 !' -0"- ( I-¿.? COUNCIL AGENDA STATEMENT Item Meeting Date 10/23/01 ITEM TITLE: Resolution Approving a Final Map for Chula Vista Tract No. 98-04, McMillin Otay Ranch SPA One, Phase 2, C-3/R45, accepting on behalf of the City of Chula Vista the easements granted on said map within said subdivision, accepting on behalf of the public a portion of East Palomar Street and vacating an Irrevocable Offer of Dedication of Fee Interest to the City of Chula Vista over Lot 2 of Map No. 13649 and a Portion of East Palomar Street. Resolution Approving a Final Map Supplemental Subdivision Improvement Agreement for Chula Vista Tract 98-04, McMillin Otay Ranch SPA One, Phase 2, C-3/R-45 and authorizing the Mayor to execute said agreement. SUBMITTED BY: Director of Public Work~,j~ ~ff~ REVIEWED BY: City Manage~}~.~ W' (4/Sths Vote: Yes No ~ Tonight, Council will be considering the approval of a Final Map for McMillin Otay Ranch SPA One, Phase 2, C-3/R45 of Chula Vista Tract 98-04. Said map contains a portion of a public street and two Condominium lots, which will require subsequent Design Review approval of the proposed project. Lot 1 contains a maximum of 27 units and Lot 2 contains a maximum of 45 units. RECOMMENDATION: That Council approve the Resolution approving a Final map and Supplemental Subdivision Improvement Agreement for McMillin Otay Ranch, SPA One, Phase 2, C-3/R45. DISCUSSION: On June 9, 1998, by Resolution 19034, City Council approved the Tentative Subdivision Map for a portion of Villages 1 and 5 of the McMillin Otay Ranch project, Chula Vista Tract 98-04. On August 28,2001, by Resolution 2001-289, City Council approved the Otay Ranch Village 5 SPA Amendment. The SPA Amendment included a new configuration to the Village 5 C-3/R45 area that incorporated Lots 2 and 3 of Map No. 13649. The proposed map will adjust the boundary lines between Lots 2 and 3 of Map No. 13649 and vacate an IOD over Lot 2 of Map No. 13649 for park purposes and a Portion of East Palomar Street. The proposed map is consistent with the SPA Amendment. The developer has requested the approval of a final map for a portion of CVT No. 98- 04, covering a portion of the Tentative Map located south of East Palomar Street (see Attachment 1). The final map consists of the following: Page 2, Item Meeting Date 10/23/01 No. of Condominiumt No. of Total Lots Lots Total Acreage 2 2 (2.973 acres) 2.973 ~ ~ ~ ~ ~ "-: ...... :mum. Lot 2 - 45 units rnax~mum - both require subsequent Design Review approval. Pursuant to Sec. 66427 of the Subdivision Map Act, no subsequent final map shall be required to create separate units within the condominium lots. The Final Map has been reviewed by the Department of Public Works and the Planning and Building Department and found to be in substantial conformance with the approved SPA Amendment. All required fees and/or deposits specific to this map have been collected. Approval of the map constitutes acceptance ora portion of East Palomar Street, vacation of an IOD for park purposes (net area: 1.26 acres) over Lot 2 of Map No. 13649 and a Portion of East Palomar Street, acceptance of easements, all as shown on the Final Map. The vacation of the IOD for the park creates an additional parkland obligation of 1.26 acres. The additional parkland obligation will be satisfied through the dedication of community parkland and the payment of community park improvement fees. The Developer has also executed a Supplemental Subdivision Improvement Agreement (SSIA), encompassing the proposed map, to satisfy Conditions 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, and 13 of Resolution No. 2001-289 and Condition 27 of Resolution 19034. Staffhas reviewed the SSIA and determined that it satisfies all the applicable conditions for final map approval and reconunends Council approval. FISCAL IMPACT: None to the General Fund. Developer has paid all costs associated with the proposed final map and agreements. Attachments: A~tachment I: Plat -Final Map Attachment 2: Developer's Disclosure Statemem J:\Enginccr\LANDDEV\Ot ay Ranch-M cMillinXEP246A 113 r l .doc 10/2/01 11:31 AM "ATTACHMENT 1" c. w r, ~z-o2 ii i ~PA / PHA~E I ~ McM]~LI~ OTAY ~ANOH ~PA / PHA~E / LOT O~ V, T~ ~8-04 SPA I PHASE 2 hlAp NO~ 1364~ McMIL~I~ OTAY ~OA~E: 1 '=1~0' PROJECT NUMBER, J-13126KK DATE, SEPTEMBER 25, 2001 McMILLIN OTA Y RANCH SPA I PHASE 2, C- 1/R45 ~__ ~ CITY OF CHULA VISTA, CALIFORNIA . CITY TRACTNO. 98-04 "'"'" '"" I2 THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and ail other of[iciai bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financiai interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. M~:Millin Otay Ranch, LLC 2. If any person* idemified pursuant to (1) above is a co~omtion or partaership, li~ the names of ail individuals w~h a $1000 investme~ in the busings (co~oratioffpartnership) entity. Merced Partners Limited Partnership, a Delaware Limited Partnership McMillin Companies, LLC, a Delaware Limited Liability Company 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/A 4. Please idemi~ evepy person, including any agent, employees, cons~tants, or independent co.factors you have assigned ~ represem you be~re the City in this matter. Bob Pletcher Prank Zaidle Ken Baumgartner Denny Cuccarese Kelly Thene 5. Has any person* associated with this contract had any financial deaiings with an official** of the city of Chula Vista as it relates to this contract within the past 12 months? Yes__No If Yes, briefly describe the nature of the financial interest the official** may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Yes__ No x If Yes, which Council member? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives, non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No X If Yes, which Council member? 8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes __ No X If Yes, which official** and what was the nature of item provided? Signature of'Conl{~tor/Applicant Print or type name of Contractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. H:~IiO MEkENGIN EER~ADM1NXCONTRAC I~DISCL OSE.DOC RESOLUTION NO.2001 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FINAL MAP FOR CHULA VISTA TRACT NO. 98-04, McMILLIN OTAY RANCH SPA ONE, PHASE 2, C-3/R-45, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ACCEPTING ON BEHALF OF THE PUBLIC A PORTION OF EAST PALOMAR STREET AND VACATING AN IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST TO THE CITY OF CHULA VISTA OVER LOT 2 OF MAP NO. 13649 AND A PORTION OF EAST PALOMAR STREET NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista Tract No. 98-04, McMillin Otay Ranch SPA One Phase 2, C-3/R-45, and more particularly described as follows: Chula Vista Tract No. 98-04, McMillin Otay Ranch SPA 1, Phase 2, C-3/R45, being a subdivision of Lots 2 and 3 of Chula Vista Tract No. 98-04, McMillin Otay Ranch SPA l, Phase 2, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 13649, filed in the office of said County Recorder on October 15, 1998. Area: 2.973 acres No. of Lots: 2 Numbered Lots: 2 Lettered Lots: 0 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land sho~vn thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of public the public street, to-wit: a portion of East Palomar Street, and said street is hereby declared to be a public street and dedicated to the public use. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the 20' pedestrian access easement as shown on said map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby terminates, vacates and abandons on behalf of the City of Chula Vista a portion of a certain general utility and access easement granted on Map No 13649. BE IT FURTHER RESOLVED that said Council hereby terminates on behalf of the public the irrevocable offer of dedication for public park purposes for Lot 2 dedicated on Map No. 13649. BE IT FURTHER RESOLVED that said Council hereby vacates on behalf of the public a public street easement, to wit: a portion of East Palomar Street dedicated on Map No. 13649. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as therefore stated and that the Irrevocable Offer of Dedication for a portion of East Palomar Street and Lot 2 for park purposes, ail as dedicated on Map No. 13649 are terminated on behalf of the City of Chula Vista as hereinbefore stated. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. Presented by Approved as to form by John P. Lippitt John ~d/Jl~ahe¥ Director of Public Works City Attorney J:\attorney\reso\Final Map R-45 2 RESOLUTION NO.2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FINAL MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 98-04, McMILLIN OTAY RANCH SPA ONE, PHASE 2, C-3/R-45, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement encompassing the proposed map, to satisfy Conditions 1, 2, 3, 4, 5, 6, 7, 8, 9, 12 and 13 of Resolution 2001-289 and Condition 27 of Resolution 19034. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Final Map Supplemental Subdivision Improvement Agreement for Chula Vista Tract 98-04, McMillin Otay Ranch SPA One, Phase 2, C-3/R-45, 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 to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt John~.~ Kaheny Director of Public Works City Attorney J/attorney/reso/ssia R-45 (October 12 200~ (11 31AM)] RECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Developer Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 98-04 MCMilLIN OTAY RANCH VilLAGE FIVE C-3/R-45 (Conditions 1,2,3,4,5,6,7,8,9, 11,12 and 13 of Resolution 2001-289, Condition 27 of Resolution 19034 for Chula Vista Tract No. 98-04, MCMilLIN OTAY RANCH) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this ~day of ,2001, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and MCMilLIN OTA Y RANCH LLC, A DELAWARE LIMITED LIABILITY COMPANY, ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" and as shown on Exhibit "B" attached hereto and incorporated herein ("Property"). The Property is referred to as McMillin Otay Ranch Village Five C-3/R-45, Chula Vista Tract No. 98-04 as approved by resolution no. 19034. For purposes of this Agreement the term "Project" shall mean "Property". - -,..: G. B. Developer is the owner of the Property. C. Developer has applied for and the City has approved a Tentative Subdivision Map commonly referred to as Chula Vista Tract No. 98-04, ("Tentative Subdivision Map") for the subdivision of the Property in addition to other real property. D. The City has adopted Resolution 2001-289 (" SPA Resolution") pursuant to which it has approved the amendments to the Otay Ranch Sectional Planning Area One Plan ("SPA Amendment") subject to certain conditions as more particularly described in the SPA Resolution. E. The City has adopted Resolution 19034 ("TM Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the TM Resolution. F. The City has adopted Resolution 19208 pursuant to which it has approved the McMillin Otay Ranch SPA One Village Five Supplemental Subdivision Improvement Agreement - First Final B Map ("Previous Agreement") which touched and concerned the Property. City is willing, on the premises, security, terms and conditions herein contained to approve the final map for which Developer has applied ("Final Map") as being in substantial conformance with the Tentative Subdivision Map and the SPA Amendment described in this Agreement. Developer understands that subsequent final maps may be subject to the same conditions. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. 1.1 Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests ofthe parties as to any or all of the Property until released by the mutual consent of the parties. 1.2 Agreement Runs with the Land. The burden ofthe covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any 2 r) '.J particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. a. Developer Release on Guest Builder Assignments. If Developer assigns any portion ofthe Project, Developer may have the right to obtain a release of any of Developer's obligations under this Agreement, provided Developer obtains the prior written consent of the City to such release. Such assignment shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the reasonable satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. Developer, or their successors in interest, shall improve the Project Site with the Project as described in Tentative Subdivision Map, Chula Vista Tract 98-04 and the SPA Amendment, except as modified by this Resolution. b. Implement Previously Adopted Conditions of Approval Pertinent to Project. Developer agrees, unless other wise conditioned to comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Map, of: the City's Growth Management Ordinance; Otay Ranch General Development Plan, Otay Ranch Resource Management Ordinance, Phase 1 and Phase 2; Ranch-Wide Affordable Housing Plan; Overall Design Plan; Otay Ranch Sectional Planning Area (SPA) One Plan and supporting documents including: SPA One Public Facilities Finance Plan; SPA One Parks, Recreation, Open Space and Trails Plan; McMillin Affordable Housing Plan; Village Five Core Master Precise Plan; and the Non- Renewable Energy Conservation Plan all as may be amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. Developer acknowledges that these plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager and that any material modifications shall be subject to approval by the City Council. 2. Condition No.2 and 12 of Resolution 2001-289 (NPDES). In satisfaction of Condition No.2 and 12 of Resolution 2001-289, the Developer agrees to: a. Comply with all applicable regulations established by the United States 3 /2-// Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements for urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations or requirements. b. File a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. c. Comply with all the provisions of the NPDES and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. d. Design the Project storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. e. Submit a HydrologylWater Quality Study to the City Engineer for review and approval prior to issuance of any grading permit for the Property. 3. Condition No.3 of Resolution 2001-289 (NPDES). In satisfaction of Condition No.3 of Resolution 2001-289 the Developer agrees to the following: a. Comply with the requirements of the new Municipal Storm Water Permit (Order No. 2001-01) issued by the San Diego Regional Water Quality Control Board, including revision of plans as necessary. b. Indemnify, and hold harmless the City, its elected and appointed officers and employees, from and against all fines, costs, and expenses arising out of non- compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results from any action by the Developer, any agent or employee, subcontractors, or others. The Developer's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. 4 1].-/2 6. c. That the City Engineer may require incorporation of Standard Urban Water Mitigation Plan (SUSMP) requirements during the implementation period preceding the adoption of the local SUSMP by the City for all priority projects or phases of priority projects undergoing approval process, in accordance with Order No. 2001-01, NPDES No. CAS0108758 Municipal Permit, as determined by the City Engineer. d. To not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. 4. Condition No.4 of Resolution 2001-289 (PARKS). In satisfaction of Condition No.4 of Resolution 2001-289 the Developer agrees to satisfy the requirements of the Park Land Dedication Ordinance (PLDO). Developer acknowledges that the ordinance establishes a requirement that the Project provide three (3) acres of local parks and related improvements per 1,000 residents and that local parks are comprised of community parks and neighborhood parks. 5. Condition No.5 and 6 of Resolution 2001-289 (PARKS). In satisfaction of Condition No.5 and 6 of Resolution 2001-289, the Developer agrees to provide the City with an irrevocable offer of dedication, in a form approved by the City Attorney for 0.94 useable acres of parkland to be included within the proposed community park to be located within a service radius of SPA One. The dedication of the community parkland shall occur at a time as shall be set forth in an agreement with the City which concerns the creation of a community park but in no event later than January 1,2003. Developer acknowledges and agrees that the location of the 0.94 useable acres is subject to approval by the Director of Parks and Recreation. The Developer further agrees to deliver said parkland in a manner consistent with the criteria for parkland dedication as identified in C.V.M.C. 17.10.060. Condition No.7 of Resolution 2001-289 (PARKS). In satisfaction of Condition No.7 of Resolution 2001-289 the Developer agrees that prior to the issuance of the first building permit for the Project, the Developer shall submit a community park delivery schedule, subject to approval of the Director of Parks and Recreation, that demonstrates delivery of the community park within a time frame deemed acceptable by the Director of Parks and Recreation. 7. 8. 9. 10. 11. 11. 12. Condition No.8 of Resolution 2001-289 (PARKS). In satisfaction of Condition No.8 of Resolution 2001-289 the Developer acknowledges and agrees that the location ofthe Additional Parkland Obligation (APO) shall be within a service radius of SPA One as defined in the GDP, and deemed acceptable by the Director of Parks and Recreation. Developer further acknowledges and agrees that the APO may ultimately be aggregated with other parkland, subject to approval by the Director of Parks and Recreation. The Developer further agrees that upon request of the Director of Parks and Recreation, the Developer shall amend the Otay Ranch GDP to reflect the location of the community park and such amendment shall be at the expense of the Developer. Condition No.9 of Resolution 2001-289 (PARKS). In satisfaction of Condition No.9 of Resolution 2001-289 the Developer agrees to provide the APO to the City in a location acceptable to the Director of Parks and Recreation. Developer further agrees that notwithstanding the cost or value of the APO, such APO shall be deemed to satisfy applicant's land acquisition component of its PAD fee obligation (approximately $217,000 per acre) and that the Developer shall not be entitled to receive additional parkland acreage credit in the event that the market value or cost of APO exceeds the PAD Master Fee Schedule defined fees.' Condition No. 11 of Resolution 2001-289 (SPA Amendment). In satisfaction of Condition No. 11 of Resolution 2001-289 the Developer agrees that within 30 days of Council approval of this Agreement or prior to the Design Review Committee hearing for the Project, which ever occurs earlier, Developer shall submit, to the satisfaction of the Director of Planning and Building, the revised planning documents that reflect the approved amendments to the Village Five SPA Plan. Condition No. 13 of Resolution 2001-289 (ADA Requirements). In satisfaction of Condition No. 13 of Resolution 2001-289, the Developer agrees to demonstrate compliance with California Handicapped Accessibility Requirements and energy conservation requirements prior to the issuance of building permits for the Project. Condition No. 27 of Resolution 19034 (CC&Rs). In satisfaction of Condition No. 27 of Resolution 19034, the Developer agrees to submit the CC&Rs for the Project, to the City for approval, prior to Design Review Committee approval. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation for this Project of Conditions 1,2, 3, 4, 5, 6, 7, 8, 9, 11, 12 and 13 of Resolution 2001-289 and Condition 27 of Resolution 19034 for the McMillin Otay Ranch. SPA Amendment. Within 30 days from Council approval of this Agreement or prior I/) '¡;.... 13. 14. 15. 16. 17. 18. to the Design Review Committee hearing for the Project, which ever occurs earlier. Developer hereby agrees to submit, to the satisfaction of the Director of Planning and Building, the revised planning documents that reflect the approved amendments to the Village Five SPA Plan Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the McMillin Otay Ranch, Chula Vista Tract No. 98-04 Tentative Map (adopted by Resolution 19034) and the SPA Amendment (adopted by Resolution 2001-289) and shall remain in compliance with and implement the terms, conditions and provisions of the Resolutions. Previous Agreement. It is the intent of the parties that this McMillin Otay Ranch Village Five C-3/R-45 Supplemental Subdivision Improvement Agreement - with McMillin Otay Ranch LLC shall not supersede the Previous Agreement. The terms and condition of the Previous Agreement remain in full force and effect concerning the Property as well as other real property encumbered by the Previous Agreement. Recording. This Agreement, or an abstract hereof prepared by either or both parties, may be recorded by either party. Assignability. Upon request of the Developer, any or all on-site duties and obligations set forth herein may be assigned to subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein, so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, 17 /Ç e. delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Attn: Director of Public Works Developer: McMillin Otay Ranch 2727 Hoover Avenue National City, California 92120 Attn: Bob Pletcher A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. Recitals; Exhibits. Any recitals set forth above and exhibits referenced herein are incorporated by reference into this Agreement. 8 /2- -I h f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. (NEXT PAGE IS SIGNATURE PAGE) 9 /~ Þ- [SIGNATURE PAGE FOR SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR MCMILLIN OTAY RANCH SPA 1, Village Five C-3/R-45] IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first herein above set forth. THE CITY OF CHULA VISTA McMillin Otay Ranch LLC, a Delaware limited liability company By: McMillin Companies, LLC a Delaware limited liability company IŒ 3\UL By: Mayor of the City of Chula Vista Title: \J\G(,~~ ATTEST City Clerk BY:~ Approved as to form by Title: ~y~~ City ney (Attach Notary Acknowledgment) 10 '2...r) List of Exhibits Exhibit "A" Exhibit "B" Legal Description Plat of Property H:\ENGINEER\LANDDEVIOTAYRNCH\EP246 VILLAGE 5 C-3R-45 SSIA FINAL DOC I ~. .:.- 11 "1 Exhibit "A" J-13126KK CITY OF CHULA VISTA TRACT NO. 98-04 MCMILLIN OT A Y RANCH SPA 1 PHASE 2, C-3/R45 Chula Vista Tract No. 98-04, McMillin Otay Ranch Spa 1 Phase 2, C-3/R45, being a subdivision of Lots 2 and 3 of Chula Vista Tract No. 98-04, McMillin Otay Ranch Spa 1, Phase 2 ih the City of Chula Vista, County of San Diego, State of California according to Map thereof No. 13649, filed in the Office of the County Recorder of San Diego County October 15, 1998. ~//;/ /;:;l Ü ¿ß ~~--/c,-ZOÚ/ Robert G. Schoettmer L.S. 4324 jb/13126kk.OOl 1/1 "Î I ¡;.... - þ,." Exhibit "B" 6 C. V. T. 97-02 McMILLIN OTAY RANCH SPA I PHASE I MAP NO. 13605 B CHULA VISTA TRACT 97-02 McMILLIN DTAY RANCH SPA I PHAsE J MAP NO. 13605 LOT2 LOTt J C. V. T. 98-04 McMILLIN OTAY RANCH SPA I PHAsE 2 MAp NO. 13649 4 CHULA VISTA TRACT 98-04 McMILLIN DTAY RANCH SPA I PHAsE 2 MAP No. 13649 \ SCALE: 1'.1150' PROJECT NUMBER. J DA TEl J-13126KK SEPTEMBER 25. 200 I McMILLIN OTA Y RANCH SPA I PHASE2, C-1/R45 CITY OF CHULA VISTA, CALIFORNIA CITY TRACT NO, H-(u f .. RICK ¡¡~ ~ - ~ CcMB\Ny <9 ..,,- , ,,-,. ". ;:':~~':':':';o- , 2-- -;' . COUNCIL INFORMATION MEMORANDUM 'DATE: October 18, 2001 TO: The Honorable Mayor and City Council VIA: David D. Rowlands Jr., City Manager FROM: Robert A. Leiter, AICP, Director of Planning and Building/~ SUBJECT: Otay Ranch EIR 01-02, GP/GDP Amendments, Village 11 SPA Plan and Tentative Map This memo is to remind the City Council that the Village 11 SPA Plan and EIR 01-02 documents have previously been distributed to the City Council for your review. The SPA Plan and EIR along with the concurrent General Plan and Otay Ranch General Development Plan amendments were scheduled for public heating on October 9, 2001. The entire project for Village 11 including the EIR, GDP, SPA and tentative map will all be heard at the October 23, 2001 City Council meeting. Recognizing the volumes of information contained within the various documents received, the purpose of this memorandum is to enable you to focus your time and attention in the review of the Final EIR 01-02 and SPA Plan documents. Final EIR 01-02 The Final EIR for the Otay Ranch GDP Amendments and Village 11 SPA/TM is comprised of the following: Comments and Responses to the Draft EIR Revisions to the Draft EIR In response to public comments, the text of the EIR has been modified which is indicated in underline and strikeout format as follows: Old Text Revised Text hurnediately following the title page of the EIR are the comments and responses to the Draft EIR. Where changes in the text have been made in response to comments on the Draft EIR, such changes are noted in the responses. Specifically, these changes to the EIR are limited to the following sections and page numbers: Executive Summary: page 1-3 Biological Resources: pages 5.3-8, 23, 24, 30, 31 Project Description: page 3 -44 Otay Ranch EIR, GDPA and Village 11 SPA Page 2 The Technical Appendices are contained in two separate volumes (Volume II and III). Information contained in these two volumes have been summarized in pertinent sections of the Final EiR Should you wish to focus your review of the Final EIR, it is suggested that the following key sections be reviewed: Section 1.0, Executive Summary and Section 3.0, Project Description. These selected sections provide an overview of the proposed GDP amendments and SPA Plan, as well as a comprehensive summary of the project impacts. Village 11 SPA Plan The following SPA Plm~ sections will provide the basics for Village 11: Section 2 SPA Plan Introduction pages 1-1 through 1-16 Development Concept pages 2-1 to 2-10 Circulation pages 3- to 3-27 Section 3 PC District Regulations Design Goals, Principals, Guidelines page 3-3 Section 4 Village Design Plan Introduction pages 1-1 to 1-9 Overall Village Design pages 2-1 to 2-84 Section 5 Public Facilities Finance Plan Executive Summary pages 1-6 Introduction pages 7-10 Public facilities are discussed in the SPA Plan, PFFP and the EIR. All three documents are based on the same technical studies; therefore you may want to select just one for an overview of water, recycled water, sewer and drainage. The Affordable Housing Plan is straight forward with 5% low and 5% moderate income requirements. The Air Quality, Water Conservation and Energy Conservation Plans are all subject to the pilot programs and will be brought back in the future. If you have any questions regarding the GP/GDP amendments or SPA Plan, please call Rick Rosaler at 476-5394. COUNCIL AGENDA STATEMENT Item No.: Meeting Date: 10/23/01 ITEM TITLE: Public Hearing: Consideration of the Final Second Tier Environmental impact Report (EIR 01-02) for the Otay Ranch General Development Plan (GDP) Amendments/Village 11 Sectional Planning Area (SPA) Plan and Conceptual Tentative Map (TM) and its attendant Addendum. Resolution No. of City Council of the City of Chula Vista certifying that the Final Second Tier Environmental Impact Report (EIR 01-02) for the Otay Ranch General Development Plan Amendments/Village 11 Sectional Planning Area Plan and Conceptual Tentative Map and 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 SUBMITTED BY: Director of Planning and Building REVIEWED BY: City Manager ff~40' (4/5ths Vote: Yes No X ) In accordance with the requirements of the California Environmental Quality Act a Second Tier EIR and its attendant Addendum have been prepared to analyze the environmental impacts of the proposed City of Chula Vista General Plan Amendments, Otay Ranch GDP Amendments and Village 11 SPA Plan/Tentative Map. City Council action on the certification of the EIR must be taken prior to action on the proposed General Plan amendments, GDP amendments and Village 11 SPA project. RECOMMENDATION: That the City Council adopt the resolution certifying that the final Second Tier Environmental Impact Report (EIR 01-02) and its attendant Addendum have been prepared in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista; making certain findings of fact; adopting a Statement of Overriding Considerations; and adopting a Mitigation Monitoring and Reporting Program. BOARDS/COMMISSIONS RECOMMENDATION: The Resoume Conservation Commission's (RCC) reviewed the Final EIR on September 17, 2001. After reviewing and discussing the document, the RCC voted 4-2 to recommend certification of the Final EIR. Those who voiced their concerns voted in opposition to the project Page 2, Item No.: 1-AA Meeting Date: 10/23/01 based on regional freeway impacts and not on the specifics of the GDP amendments and SPA Plan. The Planning Commission held a public hearing on September 26, 2001 and requested a continuance to allow additional time to further review the provided information. A second Planning Corrnnission public hearing was held on September 26, 2001 and at that time, the Commission voted 6-0-1 to certify Final EIR 01-02 and its attendant Addendum, adopt the findings of fact, Statement of Overriding Considerations; and the Mitigation Monitoring and Reporting Program. The Planning Commission recommended that the City Council also certify the document and adopt the findings of fact, Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program DISCUSSION: The Village 11 EIR and Addendum evaluates the environmental effects of the proposed Otay Ranch General Plan/General Development Plan (GDP) Amendments, and Village 11 Sectional Planning Area (SPA) Plan, and the subsequent Conceptual Tentative Map (TM). The proposed GDP Amendments involve Village boundary changes, amendments to the City of Chula Vista Circulation Element roadways, reorganization of land use designations and reordering of development phasing that have evolved from changes to ownership and infrastructure phasing since adoption of the Otay Ranch GDP/SRP on October 28, 1993. The Village 11 SPA Plan and Conceptual TM proposes development of 2,304 residential units, as well as a village core area containing commercial, public and community purpose facilities, schools,' parks and open space uses. CEQA Compliance Because of the size, complexity of issues and extended buildout time frame of the Otay Ranch Project, both the planning and environmental documentation associated with Otay Ranch were tiered from the general to the specific. The first tier of planning and approvals included approval of the Final Otay Ranch GDP/SRP Program EIR (90-01). The Final Program EIR for Otay Ranch was prepared and certified jointly by the City of Chula Vista and County of San Diego. The Program EIR for the Otay Ranch GDP was certified with the intent that the individual SPA planning projects within Otay Ranch would be reviewed as "second-tier" projects pursuant to Section 15153 of the California Environmental Quality Act (CEQA) Guidelines. Under such tiering principles, the proposed GDP Amendments are analyzed at a first-tier level of review (program level). The Village 11 SPA and TM analysis are analyzed at a second-tier level of review (project level). The Village 11 EIR incorporates by reference and serves as a second-tier EIR to the following documents: the Final Otay Ranch GDP/SRP Program EIR (90-01), the City of Chula Vista Sphere of Influence Update (94-03); the Final Second Tier EIR for Otay Ranch SPA One and GDP/SRP Amendments (97-03); the Otay Water District Resources Master Plan Final Master EIR (97-04); the Olympic Parkway Mitigated Negative Declaration (IS 00-33); the Final Page 3, Item No.: I~A Meeting Date: 10/23/01 Program EIR for the Salt Creek Interceptor and Wolf Canyon Trunk Sewer (01-03); and the Final Eastlake III Woods and Vistas Replanning Program EIR (01-01). Comments on the Draft EIR Letters of comment were received on the Draft EIR fi.om the following agencies and individuals: US Fish and Wildlife Service State of California, Department of Transportation - District 11 County of San Diego City of San Diego Chula Vista Elementary School District Otay Water District San Diego County Water Authority The Corky McMillin Companies The Otay Ranch Company San Diego Association of Governments The letters and responses are included in the Final EIR 01-02 (Attachment 2). Additional Revisions to Draft EIR Minor typographical corrections and clarifications have been made to information contained in the Draft EIR; the Final EIR reflects the corrected information. None of the corrections resulted in modifications to conclusions regarding the significance of impacts. The Errata in the Final EIR summarizes the corrections and related revisions. Findings of the Final EIR 01-02 The Final EIR identified a number of direct and indirect significant environmental effects (or "impacts") that would result from the proposed GDP Amendments, SPA Plan and TM. Some of these significant effects can be fully avoided through the adoption of feasible mitigation measures. Other impacts cannot be avoided by the adoption of feasible mitigation measures or feasible environmentally superior alternatives. In order to approve the proposed project, a Statement of Overriding Considerations must be adopted. The Statement of Overriding Considerations is included as a part of the proposed "Findings of Fact." Implementation of the proposed project will result in significant unmitigated impacts, which are listed below and further described in the attached Findings of Fact and Statement of Overriding Considerations (Attachment 3). Summary of Environmental Impacts The following discussion contains a summary of the impact conclusions for the Final EIR. Project level and cumulative impacts are identified and divided into three categories: significant and unmitigated, significant and mitigated to less than significant, and less than Page 4, Item No.: 13 ~ Meeting Date: 10/23/01 significant. The impacts associated with the proposed GDP Amendments are organized separately from those resulting from the implementation of the proposed Village 11 SPA/TM. Significant and Unmitigated Impacts Significant and unmitigated impacts are defined as those impacts that would remain significant after the application of mitigation measures. Significant and unmitigated impacts were identified in the following environmental issue areas: GDP Amendments The Final Second Tier Environmental Impact Report (ELR 01-02) does not result in any new or additional impacts beyond those identified in the Program EIR (90-01), which was certified and adopted in 1993. The proposed GDP Amendments are considered to be consistent with the overall intent of the adopted GDP, and therefore, would not substantially change the conclusions of the impact analyses presented in the Program EIR (90-01). The Program EIR (90-01) for the adopted Otay Ranch GDP concluded that significant unmitigable impacts identified at a program-level of analysis would result fi~om implementation of the Otay Ranch GDP. A Statement of Overriding Considerations was adopted for the Otay Ranch GDP Program EIR (90-01). The currently proposed GDP Amendments would not change the conclusions of the Program EIR (90-01) with respect to the significant unmitigable impacts. The Statement of Overriding Considerations proposed for this project is consistent with that previously adopted for the Program EIR (90-01). Village 11 SPA/TM The significant, unmitigable impacts identified in the Final EIR 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: Land Use (Cumulative): Implementation of the proposed Village 11 SPA Plan/TM would contribute to the conversion of vacant land throughout the Otay Ranch area to urban uses. The overall loss of open space associated with the conversion of the proposed Village 1 1 SPA, in conjunction with buildout of the cumulative projects, would result in a significant, cumulative and unmitigable impact. Landform Alteration and Aesthetics (Cumulative): Development of the proposed Village 11 SPA Plan/TM would contribute to an overall change in visual character of the region from rural to an urban setting. The overall loss of the rural setting associated with the development of Village 11 SPA would result in a significant, cumulative and unmitigable impact. Page 5, Item No.: 1,3~A Meeting Date: 10/23/01 Biological Resources (Proiect): Development of the proposed Village 11 SPA Plan/TM would result in significant unmitigable impacts to sensitive upland habitats and sensitive wildlife species (including impacts to cactus wren and California gnatcatcher habitat, 49 sensitive species, raptor foraging areas, and regional/local wildlife corridors). These impacts would be directly related t6 implementation of the proposed SPA/TM. Agricultural Resources (Cumulative): Development of the proposed Village 11 SPA Plan/TM would contribute to the loss of important agricultural lands throughout the Otay Ranch area. The combined conversion of open space to developed land represents a significant, cumulative and unmitigable impact. Transportation, Circulation and Access (Cumulative): For the years 2005, 2010, 2015 and 2020, and the bnildout 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 (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. Significant and Mitigated to Less than Significant Significant impacts were identified in the following environmental issue areas. Mitigation measures required in the EIR would reduce the impacts to less than significant. GDP Amendments Geology/Soils (project) Paleontological Resources (project and cumulative) Water Resources and Water Quality (project and cumulative) Water Facilities (project and cumulative) · Sewer Service (project and cumulative) Schools (project and cumulative) Village 11 SPA/TM ,, Landform Alteration and Aesthetics (project) Page 6, Item No.: ~A~ Meeting Date: 10/23/01 Biological Resources (project - impacts to broom baccharis scrub, coastal sage scrub, cismontane alkali marsh, non-native grassland, southern cactus scrub, California horned lark, and preserve edge effects) Geology/Soils (project) · Paleontological Resources (project and cumulative) · Agricultural Resources (project) · Water Resources and Water Quality (project and cumulative) · Transportation, Circulation and Access (project and cumulative, except as discussed above) Noise (project and cumulative) Air Quality (project) · Water Supply and Facilities (project and cumulative) · Sewer Service (project and cumulative) · Integrated Waste Management (project and cumulative) · Law Enforcement (project and cumulative) · Fire Protection (project and cumulative) Schools (project and cumulative) Library Services (project and cumulative) o Parks and Recreation (project and cumulative) Hazards/Risk of Upset (project) Less than Significant Impacts Less than significant impacts were identified in the following environmental issue areas: GDP Amendments No less than significant issues were identified for the proposed GDP Amendments. Village 11 SPA/TM · Land Use, Planning and Zoning (project) o Cultural Resources (project and cumulative) Housing and Population (cumulative) · Geology and Soils (cumulative) Mineral Resources (project and cumulative) o Gas/Electric Service (project and cumulative) Village 11 EIR Addendum: An Addendum to the subject Final Second Tier EIR has been prepared in accordance with Section 15164 of the CEQA Guidelines. Immediately prior to the September 26, 2001 Planning Page 7, Item No.: I~A Meeting Date: 10/23/01 Commission meeting, the Otay Land Company raised concerns regarding the proposed realignment of Hunte Parkway through their property. In response to these concems, staff has provided a revised circulation network that does not change the arterial street alignments on the Otay Land Company property and yet provides for the circulation and land use amendments needed for BSO and McMillin property. The Addendum provides additional information and analysis concerning potential impacts associated with the revised circulation network. A traffic model was run recently to determine the potential traffic impacts that would occur should the revised circulation network be implemented. An analysis of the model indicates that traffic volumes and impacts occurring from the Village 11 project and proposed GP/GDP Amendments would generally be less under the revised circulation network scenario. Conclusions: At the time the Program EIR (90-01) was certified and adopted in October 1993, the City Council and the County Board of Supervisors jointly determined that substantial social, environmental and economic benefits of the Otay Ranch project outweighed the significant and unmitigable impacts associated with the project and a Statement of Overriding Considerations for the Otay Ranch project was approved. The proposed GDP Amendments and Village 11 SPA/TM implement the same vision of the Otay Ranch GDP, which was comprehensively and carefully considered at this time. All feasible mitigation measures with respect to project impacts for both the GDP Amendments and the Village 11 SPA/TM have been included in the Final EIR (see Mitigation Monitoring and Reporting Program in Attachment 4). As described above, the Village 11 project will result in unmitigable impacts that would remain significant after the application of these measures; therefore in order to approve the project, the City must adopt a Statement of Overriding Considerations pursuant to CEQA Guidelines Sections 15043 and 15093 (see Section XI the CEQA Findings). The City has examined a reasonable range of alternatives to the proposed project, other than the proposed project described in the Final EIR. Based on this examination, the City has determined that neither of the alternatives meets the project objectives, or is environmentally superior to the project (see Section X of the CEQA Findings). Staff believes that the Final EIR meets the requirements of the California Environmental Quality Act and, therefore recommends that the City Council find that the Final EIR and its attendant Addendum have been completed in compliance with CEQA and adopt the Draft Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program attached to this staff report FISCAL IMPACT: The preparation and processing of the EIR is covered by the applicant's deposit account. Page 8, Item No.: 13A Meeting Date: 10/23/01 Attachments 1. Planning Commission Resolution E1R 01-02 2. Final EIR 01-02 a. Errata b. Comments and Responses c. Addendum to the Final EIR 3. Findings of Fact and Statement of Overriding Considerations 4. Mitigation Monitoring and Reporting Program J:\Planning\Marisa\Projects\Ohay Ranch\Village 1 l\Village 11 CC Hearing\V 11 CC EIR Agnda Sant.do¢ RESOLUTION NO. EIR 01-02 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT (EIR 01-02) FOR THE OTAY RANCH GENERAL DEVELOPMENT PLAN AMENDMENTS/VILLAGE 11 SECTIONAL PLANNING AREA PLAN AND CONCEPTUAL TENTATIVE 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, Brookfi¢ld Shea Otay, LLC, submitted an application requesting approvals for amendments to the City of Chula Vista General Plan and Otay Ranch General Development Plan (GDP), and approval of a Sectional Planning Area (SPA) Plan and conceptual Tentative Map (TM) for Village l 1 ("Project"); and WHEREAS, a Draft EIR 01-02 was issued for public review on July 13, 2001 and was processed through the State Clearinghouse; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for Draft EIR 01-02 on August 29, 2001 to close the public review period; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for the Draft EIR 01-02 on September 26, 2001 and October 17, 2001; and WHEREAS. a Final Environmental Impact Report (FEIR 01-02) was prepared on the Otay Ranch General Development Plan Amendments/Village ll Sectional Planning Area Plan and Conceptual Tentative Map; and WHEREAS, FEIR 01-02 incorporates, by reference, the prior EIRs that address the subject property including the Chula Vista General Plan EIR, Otay Ranch GDP/SRP Program EIR (90-01), the Otay Ranch SPA One and Annexation Final Second Tier EIR (95-01), the Otay Ranch SPA One and GDP/SRP Amendments Second Tier ELR (97-03), Program EIR for the Otay Ranch and the City of Chula Vista Sphere of Influence Update (94-01), Otay Water District Resources Master Plan Master EIR (97-04), Olympic Parkway Mitigated Negative Declaration (MND) (IS 00-33), Program EIR for the Salt Creek Interceptor Sewer (EiR 01-03), and the EastLake III Woods and Vistas Replanning Program (E1R 01-01) as well as their associated F!ndings 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 01-02 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 expressed as 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 thc City of Chula Vista does hereby recommend that the City Council of the City of Chula Vista find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and alt evidence introduced before the Planning Commission at their public heatings on Draft EIR 01-02 held on August 29, 2001, September 26, 2001, and October 17, 2001 and the minutes and resolutions resulting therefi'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.). lI. FEIR 01-02 CONTENTS That the FEIR 01-02 consists of the following: 1. Second Tier EIR for the Otay Ranch GDP Amendments/Village 11 SPA Plan (including technicol appendices); and 2. Errata to Final EIR 01-02 3. Comments and Responses 4. Addendum to the Final EIR (All hereafter collectively referred to as "FEIR 01-02") III. ACCOMPANYING DOCUMENTS TO FEIR 01-02 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 Planning Commission does hereby find that FEIR 01-02, 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 PLANNING COMMISSION That the Planning Commission finds that the FEIR 01-02 reflects the independent judgment of the City of Chula Vista Planning Commission. VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS A. Adoption of Findings of Fact The Planning Commission does hereby approve, 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. 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 Planning Commission 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. Mitigation Measures Feasible and Adopted As more fully identified and set forth in FE1R 01-02 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 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 Altematives As more fully identified and set forth in FE1R 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 Planning Commission hereby finds pursuant to Public Resoumes Code Section 21081 and CEQA Guidelines Section 15091 that altematives to the project, which were identified in FEIR 01- 02, were not found to reduce impacts to a less than significant level or meet the project objectives. E. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resoumes Code Section 21081.6, the Planning Conunission hereby adopts the Mitigation Monitoring and Reporting 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 permittee/project applicant and any other responsible parties implement the project components and comply with the mitigation measures identified in the Findings of Fact and the Mitigation Monitoring and Reporting 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.). BE IT FURTHER RESOLVED THAT the Planning Commission of the City of Chula Vista recommends to the City Cotmcil that FEIR 01-02, the Findings of Fact and Statement of Overriding Considerations (Exhibit "A" to this Resolution, known as Document Number __), and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution, known as Document Number ) have been 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 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 ]-/th day of October, 2001, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Kevin O'Neill, Chairman Diana Vargas Secretary to Planning Commission Exhibit A Findings of Fact and Statement of Overriding Considerations Exhibit B Mitigation Monitoring and Reporting Program ADDENDUM TO FINAL EIR-01-02 FOR THE OTAY RANCH GENERAL DEVELOPMENT PLAN AMENDMENTS AND VILLAGE 11 SECTIONAL PLANNING AREA, CONCEPTUAL TENTATIVE MAP SCH #2001031120 PROJECT NAME: Otay Ranch General Development Plan Amendments and Village 11 Sectional Planning Area, Conceptual Tentative Map -Amendment PROJECT LOCATION: City ofChula Vista PROJECT APPLICANT: City of Chula Vista, Brookfield Shea Otay, LLC DATE: October 5,2001 1.0 INTRODUCTION The Final Second Tier EIR, Otay Ranch General Development Plan Amendments, Village 11 Sectional Planning Area, Conceptual Tentative Map contains a comprehensive disclosure and analysis of potential environmental effects associated with the implementation of the proposed Amendments to the General Development Plan (GDP) and Village 11 Sectional Planning Area (SPA) project. The purpose of this Addendum is to discuss minor road realignments planned within the southeastern portion of the Otay Valley Parcel and to discuss the associated impacts as a result of these proposed modifications. 2.0 CEQA REQUIREMENTS Sections 15162 through 15164 of the CEQA guidelines discuss a lead agency's responsibilities in handling new information that was not included in a project's final environmental impact report (EIR). Section 15162 of the CEQA Guidelines provides: (a) When an EIR has been certified...for a project, no subsequent E1R shall be prepared for that project unless the City determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project which will require major revisions of the E1R...due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the cimumstances under which the project is undertaken which will require major revisions of the EIR... due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified as complete..., shows any of the follo~ving: (A)The project will have one or more significant effects not discussed in the [Final] EIR; (B)Significant effects previously examined will be substantially more severe than shown in the [Final] EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the [Final] EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. In the event that one of these conditions would require preparation of a subsequent EIR, but "only minor additions or changes would be necessary to make the [Final] EIR adequately apply to the project in the changed situation," the City could choose instead to issue a supplement to the Final EIR. (CEQA Guidelines, § 15163, subd. (a).) In the alternative, where the changes or new information will result in no new impacts, or no more severe impacts, than any that were disclosed in the Final E1R for the Project, it is appropriate for the City to prepare an addendum pursuant to CEQA Guideline, § 15164. That section states that an addendum should include a "brief explanation of the decision not to prepare a subsequent EIR pursuant to § 15162," and that the explanation needs to be supported by substantial evidence. (CEQA Guidelines, § 15164, subd. (e).) The addendum need not be circulated for public review, but may simply be attached to the Final EIR. (Ibid.; CEQA Guideline, § 15164, subd. (c).) Likewise, under CEQA Guideline Section 15088.5, where the Final EIR has not yet been certified, recirculation for public review is not required unless "significant new information" is added to the document (CEQA Guideline, § 15088.5, subds. [a], [bi). "Significant new information" requiring recirculation includes, for example, a disclosure showing that: (1) A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented. (2) A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance. (3) A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant enviro~maental impacts of the project, but the project's proponents decline to adopt it. (4) The draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. Recirculation is not required where the new information added to the EIR merely clarifies or amplifies · or makes insignificant modifications in an adequate EIR. (CEQA Guideline, 15088.5, subd. Co).) Thus, in the following inquiry the City considers under the standards articulated above whether each of these three changed cimumstances reveal or create previously-undisclosed significant environmental impacts or a substantial increase in the severity of previously disclosed impacts. (CEQA Guidelines, §§15162, 15163, 15164, subd. (a); 15088.5, subds. [a], [bi). As the discussion demonstrates, it is appropriate for the City to prepare this Addendum to the Final Second Tier Environmental Impact Report for the Otay Ranch General Development Plan Amendments and Village 11 Sectional Planning Area/Conceptual Tentative Map, pursuant to CEQA Guideline, § 15164. 3.0 PROJECT SETTING The proposed project is located in the eastern portion of the Otay Valley Parcel within the boundaries of the University Site (Village Nine and Ten) and the Eastern Urban Center (Planning Area 12). The Proposed Village 11 is located to the north of the planed University site, and the Otay Ranch Preserve lies to the south and east. Existing roadways in the vicinity of the proposed project include Telegraph Canyon Road/Otay Lakes Road, Olympic Parkway (portions under construction), and Hunte Parkway. 4.0 PROJECT DESCRIPTION The proposed project consists of minor changes in the alignments to local roadways which are evaluated in the Final Second Tier EIR for the Otay Ranch General Development Plan Amendments, Village 1! Sectional Planning Area and Conceptual Tentative Map "Final EIR". For purposes of the following discussion, the ten~ "Proposed" refers to the alignments proposed in the GDP Amendments and analyzed in the Final EIR 01-02, and "Revised" refers to the new alignments that are the subject of this Addendum. In some cases, the Revised alignments revert back to the adopted alignments that were analyzed in the Program EIR 90-01. This Addendum contemplates revisions to the Proposed alignment of Hunte Parkway, and reinstatement of portions of the adopted alignments of Hunte Parkway, Birch Road, and Alta Road that were to be deleted under the Proposed alignments. Table 1, A Summary of Proposed and Revised Road Realignments, provides a description of each of the proposed roadway alignments evaluated in Final EiR 0t-02 and the revised roadway alignments considered in this Addendum (Figure 1, Revisions to GP/GDP Circulation Element). Table 1 A Summary of Proposed and Revised Road Realignments Hunte Parkway: University Scenario: Six Lane Prime University Scenario: Same as the proposed forming the southern boundary of Village circulation analyzed in Final EIR 01-02 with the 11 and txaversing through a southern exception that road would not traverse through portion of the EUC the EUC. Revised alignment would terminate at Eastlake Parkway. Eastlake Six Lane Major forming the eastern Same as the proposed circulation analyzed in Parkway: boundary of Planning Area 12 and ' Final E1R 01-02 with the exception that revised connecting with Hnnte Parkway at the alignment would continue south past the southern comer of Village 11 intersection with Hunte parkway to connect with adopted location of Alta Road (same as adopted alignment analyzed Program EIR 90-01). Main Street: University Scenario: Deleted through University Scenario: Renamed to Hunte Drive; University site substantially the same alignment as analyzed in Final EIR 01-02 and Program EIR 90-01 (Village 9/10 scenario). Village 9/10 Scenario: Four lane major Village 9/10 Scenario; Renamedto Hunte connecting to proposed alignment of Hunte Drive; substantially the same alignment as Parkway at a T-intersection analyzed in Final EIR and Program EIR 90-01 (Village 9/10 scenario). Alta Road University Scenario: Traversing through University Scenario: Same alignment as University site to connect with Eastlake analyzed in Final EIR 01-02 with the exception Parkway. that Alta Road continues west to form the southern boundary of the EUC (same as adopted alignment analyzed Program EIR 90-01). Village 9/10 Scenario: Same as University Village 9/I0 Scenario: Same as University scenario described above, scenario described above. ** Revised roadway changes highlighted in italics 5.0 IDENTIFICATION OF ENVIRONMENTAL EFFECTS The following environmental analysis provided in Section 6.0 determines that approval and implementation of the Revised circulation alignments for the O~ay Ranch GDP Amendments would not result in any additional significant environmental effects beyond those previously covered under the Final Second-Tier EIR 01-02. 6.0 ANALYSIS Land Use, Planning and Zoning Eastern Urban Center: The Revised alignments would eliminate Hunte Parkway traversing the southern portion of the EUC, and result in the southern boundary of the EUC being defined by the Revised alignment Addendum to Final EIR 01-02 Page - 4 of Alta Road, as was originally proposed in the adopted GDP. The area of land consumed by the Proposed Hunte Parkway through the EUC is roughly equivalent to that occupied by the Revised Alta Road alignment. Land use designations within the EUC would not be changed by the Revised road alignments, and the total area of developable land would remain the same. In addition, the Revised alignments may provide benefits to the future design of land uses within the planning area by eliminating an arterial bisecting the EUC. Implementation of the Revised circulation alignments would not result in any changes to land use designations, allowable uses or developable area within the EUC than was analyzed in the Final EIR 01-02. Therefore, the Revised roadway alignments would not result in any new significant adverse impacts nor would they result in intensification of any adverse impacts previously identified. Village Nine and Ten - University Scenario: The Revised cimulation alignments would reinstate the adopted Hunte Parkway alignment along the southern and eastern edges of Villages Nine and Ten. The road in this portion of the project would be referred to as Hunte Drive. Reinstatement of the Hunte Drive alignment through the University Site would result in approximately 21 acres being dedicated to cimulation facilities, which represents a reduction of developable land under the Proposed GDP Amendments. However, the circulation acreage in the University Site resulting from the Revised road alignment would be consistent with the adopted GDP. Therefore, the Amendments are consistent with the intent of the adopted GDP and would not result in a significant impact to land use plans, policies or regulations of the GDP. Village Nine and Ten - Residential Scenario: The Revised circulation alignments are identical to the Proposed circulation alignments for Villages Nine and Ten under the Residential Scenario. Therefore, no changes in the alignments to circulation facilities within Villages Nine and Ten under the Residential Village Scenario are required. Landform Alteration/Aesthetics None of the proposed Revisions to roadway alignments would directly change or conflict with the objectives and policies of the GDP for visual resources. Future SPA Plans would have the ability to incorporate the Revised alignments in site planning that would be done in consideration of the natural features of the land. The Revised roadway alignments would not preclude development that could respect natural topographical grades and other visual features. In addition, preservation of views of the Otay River Valley is still achievable with the Revised roadway alignments, since changes in circulation would not prevent preservation of these views, and the Revisions do not propose development in any areas not previously contemplated for development. There are also no changes in the type, height, bulk or character of land uses in areas of sensitive visual resources. Steep slope impact allocations for individual villages are not affected since there are no changes to village boundaries. The Revised alignments to Alta Road would not result in any perceptible visual change in the context of the overall development of the EUC. Reinstatement of Hunte Drive through the University site would change the visual character of Villages Nine and Ten from what was assumed Addendum to Final EIR 01-02 Page ~ 5 under the Proposed GDP Amendments. However, the Revised alignment was analyzed and documented in the Program EIR 90-01, as it is virtually identical to the adopted alignment of Hunte Parkway. Based on the forgoing discussion, the Revisions to roadway alignments would not result in any new significant adverse impacts nor would they result in intensification of any adverse impacts previously identified. Biological Resources The Revised circulation alignments are all within previously adopted road alignments and have therefore been analyzed in the Program EIR 90-01. No previously unidentified impacts to biological resources would result from the Revised roadway alignments. The Revised roadway alignments would not result in changes to the Preserve boundary, as identified in the adopted GDP and RMP. The Revised roadway alignments are within the development areas of the adopted GDP. No additional development is proposed in the Preserve areas, as a result of the Revisions. Therefore, no new additional impacts, or substantial changes in the character or intensity of impacts to biological impacts would result from the Revised roadway alignments. Cultural Resources The Program EIR 90-01 found that, since the significance of potentially impacted cultural resource sites was not fully known at the program-level of analysis, impacts to cultural resources would be significant. To determine significance at subsequent planning stages, EIR 90-01 required the testing of potentially impacted cultural resoume sites with each SPA Plan. The Revised roadway alignments are entirely within the development boundaries identified for the adopted GDP, and therefore, no new sites or areas of potential cultural resoumes impacts would result from the realignments. Therefore, no new significant impacts to cultural resoumes, or intensification of previously identified impacts would result from the Revised roadway alignments. Testing of sites identified within the villages containing the Revised circulation facilities would be required at the SPA-level of planning. Geology and Soils The mitigation measures in the Program EIR 90-01 required SPA Plan level studies to be Conducted prior to actual development. The Revised circulation alignments are proposed within the same development area as the adopted GDP, and would affect the same geologic and soil resources as evaluated in Program EIR 90-01. No new or additional significant impacts would result from the Revised circulation alignments. Geological investigations within the villages containing the Revised circulation facilities would be required at the SPA-level of planning. Page - 6 Paleontological Resources The Final Program EIR 90-01 determined that the project area contains areas of"High Sensitivity" and "Moderate Sensitivity" for paleontological resources, and that, due to the potential for significant paleontological resources to occur, significant impacts to those resources could result from grading and excavation for development. The Program EIR 90-01 required mitigation at the project-level of development. The Revised circulation alignments are entirely within the development boundaries identified for the adopted GDP and would therefore, not result in any new or intensified impacts to paleontological resources. Mitigation measures previously identified in Program EIR 90-01 continue to be adequate to mitigate significant impacts. Agricultural Resources The Program EIR 90-01 identified impacts to agriculture resulting from conversion of agricultural land to urban uses, inconsistency with policies regarding the loss of aghcultum and land use adjacency. The Revised circulation alignments are entirely within the development boundaries identified for the adopted GDP. Therefore, impacts to agricultural resources and activities resulting from the Revised circulation alignments would be the same as those identified for the adopted GDP, as addressed in the Program EIR 90-01 and the Final EIR 01-02. Population and Housing The Program E1R 90-01 stated that, while the Otay Ranch would foster new growth, the Otay Ranch would provide adequate infrastructure and facilities to accommodate the growth. Significant impacts related to population growth would be mitigated by the provision of infrastructure and public services provided by the GDP. The Revised circulation alignments would not result in significant impacts to housing, since the type and character of housing to be provided would not be changed, and would be consistent with the adopted GDP and with the policies related to housing in the City's General Plan. Water Resources and Water Quality The Revised circulation alignments are entirely within the development boundaries identified for the adopted GDP, and development proposed with the Revisions would have similar characteristics related to surface permeability and water quality (i.e., no change in the type or character of land use). The Revised circulation alignments would not result in substantial changes in the direction of flow of surface water, and would not result in any new or intensified impacts to water resources or water quality. Transportation, Circulation and Access The traffic analysis conducted for the GDP Amendments, as documented in the Final EIR 01-02 did not identify any significant impacts to roadway segments or intersections east ofSR-125, south of Olympic Parkway. The Revised circulation alignments would remove a small portion of Hunte Parkway, but Addendum to Final EIR 01-02 Page - 7 would replace the function of that segment with an adopted segment of Alta Road. In addition, the Revisions would add a circulation facility (Hunte Drive) under the University scenario for Villages Nine and Ten The Revised cimulation network was coded into the buildout SANDAG Series 9 Model and the model was run to determine if the Revised circulation network would result in any new or intensified impacts, when compared to the analysis conducted for the Proposed circulation network contained in the Final EIR 01-02. The land use assumptions in the Revised circulation network model nm are identical to those assumed for the Proposed network in the Final E1R 01-02. The Revised network model run was completed using the SANDAG Series 9 Model, as was the Village 11 EIR model runs. Table 2, Street Segment Analysis, contains the traffic volume forecast for the Revised network and shows a comparison of these volumes to the buildout volumes with the Proposed network, as contained in the Final EIR 01- 02. Table 2 sh~ws that Leve~ ~fService D ~r better ~perati~ns are ca~cu~ated with the Revised netw~rk and that buildout volumes are generally lower than with the Proposed network. This is likely due to the fact that the Revised network provides additional roadways, as compared to the Proposed network. Therefore, no significant traffic impacts beyond those previously analyzed in the Final EIR 01-02 would result from the Revised circulation network. TABLE 2 STREET SEGMENT ANALYSIS BUILDOUT WITH BUILDOUT WITH CAPACITY PROPOSED REVISED STREET SEGMENT AT LOS C NET3NORK ~ NETVVORK 2 VOLUME LOS VOLUME LOS OLYMPIC PARKWAY SR 125 to Eastlake Pkwy. 60,0003 75,000 E 67,000 D Eastlake Pkwy. To Hunte Pkwy. 50,000 40,000 B 37,000 A BIRCH ROAD SR 125 to Eastlake Pkwy. 50,000 28,000 A 32,000 A EASTLAKE PARKWAY Otay Lakes Rd. to Olympic Pkwy. 50,000 28,000 A 26,000 A Olympic Pkwy. to Birch Rd. 40,000 45,000 D 31,000 B Birch Rd. to Hunte Pkwy. 50,000 34,000 A 31,000 A HUNTE PARKWAY Otay Lakes Rd. to Olympic Pkwy. 30,000 21,000 A 20,000 A Olympic Pkwy to SDG&E Easement 50,000 28,000 A 21,000 A SDG&E to SR 125 4 50,000 48,000 C 40,000 B Notes: 1, Source - Final EIR 01-02 2. Source - SANDAG plot dated 10/10/01 3. Approximate eight-lane capacity. 4. The segment is referred to as Hunte Parkway in the proposed network and Alta Road in the revised network, Addendum to Fina) EIR ~)5~ Page - 8 Air Quality The Revised circulation alignments would not substantially increase the level of development allowed within the project area, nor would they substantially change the character of the uses proposed in the adopted GDP. The discussion of Transportation and Circulation above indicates that the traffic impacts at intersections and roadway segments would not substantially increase from implementation of the Revisions. In addition, short-term impacts related to construction would be similar, since the type and quantity of development with the Revised circulation alignments would not be substantially different from those analyzed in the Final EIR 01-02. Since the Revisions are not anticipated to result in new or intensified mobile source emissions, or any change in short-term emissions, no impacts that were not previously analyzed would result from implementation of the revisions. Noise The Revised circulation alignments are within the same development boundaries as the adopted GDP. The proposed Revisions would not result in substantial increases in traffic at any of the critical intersections or roadway segments analyzed that would cause a decrease in the levels of service. Therefore, the Revisions would not result in any substantial increase in noise impacts, over those analyzed and addressed in the Program EIR 90-01, or in Final E1R 01-02. Site specific noise studies will be required at the SPA-level of planning for villages containing the Revised circulation alignments. Public Services and Utilities The Revised circulation alignments would not change the type, quantity or intensity of land use proposed and analyzed in the Program EIR 90-01 or Final EIR 01-02. Therefore, the Revisions would not result in any new or increased demand on public facilities or services. Hazards/Risk of Upset The Revised circulation alignments are entirely within the same development area as proposed under the adopted GDP. The types of uses and activities that would result with implementation of the Revised alignments would be consistent with the adopted GDP Plan, and with the proposed Amendments. Therefore, no new impacts, or intensification of impacts related to hazards would be anticipated to result from Revisions, over what was previously analyzed in the Program EIR 90-01 or Final EIR 01- 02. 8.0 CONCLUSION This document has identified all changed circumstances and potentially significant new information since certification of the Final EIR, and memorializes in detail the City's reasoned conclusion that none of these changes create the conditions requiring the preparation ora Subsequent or Supplemental EIR pursuant to CEQA Guidelines, Sections 15162 and 15163. Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above discussion, I hereby find that approval and implementation of the amendment and project tentative map will result in only Addendum to Final EIR 01-02 Page - 9 minor technical changes or additions which are necessary to make the Final Second-Tier EIR for the project adequate under CEQA. Mfirilyn Ponseggi, Date Environmental Review Coordinator REFERENCES Otay Ranch General Development Plan/Subregional Plan Final Program EIR (EIR 90-01), October 1993 Otay Ranch General Developmem Plan and Village 11 Sectional Planning Area Plan, Conceptual Tentative Map Final Second-Tier Environmental Impact Report (EIR-01-02), September, 2001 Addendum to Final EIR 01-02 Page - 10 Proposed Circulation Legend Toll/Freeway /~,/ GDP 2000 S 6 Lane Prime /~/ Villages ~V 6LaneMajor ~ Otay Valley Parcel within the City of Chula Vista S 4 Lane Major .'%." Deleted Roadway Section ~V Class I Collector ~v~ Dashed line denotes Proposed Section ~ Class ii Collector /~ Dashed/dot line denotes Reclassified Section ~V' Class III Collector Residential Street NOTE: Road Clsssiflca6ons on this map are only valid for streets within the Otay Valley Parcel of the Otay Ranch. SOURCE: City of Chula Vista GIS (May 2001) Reviaions to GP/GDP Circulation Element Ei o / Otay Ranch GDP Amondment~ and Village 11 SPA/T~ ElM Addendum RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT (EIR 01-02) FOR THE OTAY RANCH GENERAL DEVELOPMENT PLAN AMENDMENTS/VILLAGE 11 SECTIONAL PLANNING AREA PLAN AND CONCEPTUAL TENTATIVE MAP 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, Brookfield Shea Otay, LLC, submitted an application requesting approvals for amendments to the City of Chula Vista General Plan and Otay Ranch General Development Plan (GDP), and approval of a Sectional Planning Area (SPA) Plan and conceptual Tentative Map (TM) for Village 11 ("Project"); and WHEREAS, a Draft EIR 01-02 was issued for public review on July 13, 2001 and was processed through the State Clearinghouse; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for Draft EIR 01-02 on August 29, 2001 to close the public review period; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for the EIR 01-02 on September 26, 2001 and October 17, 2001 and certified EIR 01-02 and its attendant Addendum and adopted the findings of fact, Statement of Overriding Considerations; and the Mitigation Monitoring and Reporting Program. Further, the Planning Commission also recommended that the City Council certify the document and adopt the findings of fact, Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program. WHEREAS, a Final Enviromnental Impact Report (FEIR 01-02) and its attendant Addendum was prepared on the Otay Ranch General Development Plan Amendments/Village 11 Sectional Planning Area Plan and Conceptual Tentative Map; and WHEREAS, FEIR 01-02 incorporates, by reference, the prior EIRs that address the subject property including the Chula Vista General Plan EIR, Otay Ranch GDP/SRP Program EIR (90-01), the Otay Ranch SPA One and Annexation Final Second Tier EIR (95-01), the Otay Ranch SPA One and GDP/SRP Amendments Second Tier EIR (97-03), Program EIR for the Otay Ranch and the City of Chula Vista Sphere of Influence Update (94-01), Otay Water District Resources Master Plan Master EIR (97-04), Olympic Parkway Mitigated Negative Declaration (MND) (IS 00-33), Program EIR for the Salt Creek Interceptor Sewer (EIR 01-03), and the EastLake III Woods and Vistas Replanning Program (EIR 01-01) 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, conclude that proposed mitigation measures outlined in Final EIR 01-02 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, are expressed as 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 CITY COUNCIL of the City of Chula Vista does hereby find, determine, resolve and order as follows: !. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearings on EIR 01-02 held on August 29, 2001, September 26, 2001 and October 17, 200I 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 {}21000 et seq.). Il. FEIR 01-02 CONTENTS That the FEIR 01-02 consists of the following: I. Second Tier EIR for the Otay Ranch GDP Amendments/Village 11 SPA Plan (including technical appendices) and an Addendmn; and 2. Public Comments and Responses to Conmaent (All hereafter collectively referred to as "FEIR 01-02") III. ACCOMPANYING DOCUMENTS TO FEIR 01-02 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 01-02 with its attendant Addendum, the Findings of Fact and the Statement of Overriding Considerations (Exhibit "A" to this Resolution), and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution) 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 That the City Council finds that the FEIR 01-02 with its attendant Addendum reflects the independent judgment of the City of Chula Vista City Council. VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING 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 every one of the findings contained in the Findings of Fact, Exhibit "A" of this Resolution, 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," 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. Mitigation Measures Feasible and Adopted As more fully identified and set forth in FEIR 01-02 and in the Findings of Fact for this project, which is Exhibit "A" to this Resolution, a copy of which is on file in the office of the City Clerk, the City Council hereby finds pursuant to Public Resoumes 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 Altematives As more fully identified and set forth in FEIR 01-01 and in the Findings of Fact, Section XI[, for this project, which is Exhibit "A" to this Resolution, a copy of which is on file in the office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code Sectiorl 21081 and CEQA Guidelines Section 15091 that alternatives to the project, which were identified in FEIR 01-02, were not found to reduce impacts to a less than significant level or meet the project objectives. E. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program set forth in Exhibit "B" of this Resolution, 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 permittee/project applicant and any other responsible parties implement the project components and comply with the mitigation measures identified in the Findings of Fact and the Mitigation Monitoring and Reporting 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 Resoumes 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.). BE IT FURTHER RESOLVED THAT the City Council finds that the FEIR 02 with its attendant Addendum, the Findings of Fact, Statement of Overriding Considerations (Exhibit "A" to this Resolution), and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution) have been 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, the City Council certifies EIR 01-02 and adopts the Findings of Fact and Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program. Presented By: Approved as to form by: Robert A. Leiter John Kaheny Director of Planning City Attorney CITY COUNCIL AGENDA STATEMENT Item: /3 b Meeting Date: 10/23/01 ITEM TITLE: Public Hearing: GPA 01-06 and PCM 99-14; Requests to amend the City of Chula Vista General Plan and the Otay Ranch General Development Plan for Villages Seven, Nine, 10, 11 and Planning Area 12 (Freeway Commercial and Eastern Urban Center) including realignment of arterial roads and adjustments of village boundaries, reorganization of land use designations and reorder of village phasing. Applicant - The McMillin Companies, Brookfield Shea Otay and the City of Chula Vista Resolution of the City Council of the City of Chula Vista approving amendments to the Chula Vista General Plan and the 2001 Amendments to the Otay Ranch General Development Plan and associated regulatory documents for approximately 1,540 acres located south of Olympic Parkway, east of future SR-125 and west of the Salt Creek Open Space Corridor, BY: Director of Planning and Buildin~ SUBMITTED REVIEWED BY: City Manager C~ ~ - ~ (4/5ths Vote: Yes No X) The McMillin Companies and Brookfield Shea Otay (BSO) in conjunction with the City have applied to amend the City of Chula Vista General Plan Land Use and Circulation Elements and the Otay Ranch General Development Plan (GDP) for Villages Seven, Nine, 10, 11 and Planning Area 12 (the Freeway Commercial and Eastern Urban Center). The amendments will realign Hunte Parkway and EastLake Parkway and eliminate portions of Birch Road and Patrick Drive. As a result of a protest letter from the Otay Land Company, a revised circulation and land use plan is also proposed. The changes to the circulation plan will require adjustments to village boundaries and reorganization of land use designations. Amendmems are also proposed for the Otay Ranch GDP Village Phasing Plan to move Village 11 and the Freeway Commercial area to the Second Western Phase. Finally, the amendments also propose to relocate high school and middle school sites within the Otay Valley Parcel. The City's Environmental Review Coordinator has reviewed the Project and determined that the Project would result in significant impacts to the environment; therefore, EIR 01-02 has been prepared. An addendum has been prepared that analyzes the additio, nal changes to the Circulation and Land Use Plan that were made after the GDP and Village 11 SPA EIR documents were printed. These further changes will be discussed later in this agenda statement. Page 2, Item: Meeting Date: 10/23/01 RECOMMENDATION: That the City Council adopt the attached resolution approving the City of Chula Vista General Plan amendments and 2001 Amendments to the Otay Ranch General Development Plan including the revised circulation and land use plan. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission met on September 17, 2001 to consider the Final Second Tier Environmental Impact Report EIR 10-02 and voted 4-2 to recommend certification of the document. The two members in opposition to the project based their negative votes on regional freeway impacts, not on the specifics of the GDP amendments and SPA Plan. The Planning Commission held a Public Hearing on September 26, 2001 and voted 7-0 to continue the item to October 3, 2001. As a result of a protest letter from the Otay Land Company, the item was continued to the Planning Commission meetings of October I0 and 17, 2001. The results of the Planning Commission hearings will be reported at the City Council meeting. DISCUSSION: I. Background: In October 1993, the City Council approved the Otay Ranch General Development Plan and companion General Plan amendments that laid out the circulation system and defined the village and Planning Area boundaries for the Otay Valley Parcel. The GDP planned for Hunte Parkway to run along the south side of the development area of the Otay Valley Parcel at the top of Salt Creek and the Otay River Valley connecting with Main Street at SR-125. EastLake Parkway extended south from Olympic Parkway terminating at Birch Drive. Bimh Drive ran easterly between SR 125 and Hunte Parkway forming the southern boundary of the Freeway Commercial and Village 11. SR 125, Birch Road, Alta Road and Patrick Drive bound the Eastern Urban Center (EUC). In 1996, McMillin Companies became the owners of approximately 1,000 acres in the Otay Valley Parcel. The majority of their ownership is located in Village Seven and Planning Area 12, which contain the Freeway Commercial and Eastern Urban Center. In 1998, New Millennium became the owners of approximately 1,204 acres in the Otay Valley Parcel, formerly owned by Baldwin Builders, and initiated plans to develop their ownership. Last year, New Millennium sold their ownership in the Otay Ranch to Brookfield Shea Otay (BSO), a partnership between Brookfield Homes and Shea Homes. BSO has continued to process the GDP amendments initiated by New Millennium. The BSO ownership is located in Villages 10 and 11 and Salt Creek Canyon. The Otay Ranch GDP amendments proposed by BSO basically consolidates their ownership into Village 11 and, in conjunction with McMillin, realigns EastLake Parkway to follow the property line between their ownership in Planning Area 12 and Village 11. The realignment Page 3, Item: Meeting Date: 10/23/01' of Hunte Parkway will eliminate Hunte Parkway through the University site. The amendment eliminating Hunte Parkway through the University site was added by the City. The overall proposed amendment area is located on 1,540 acres of the Otay Valley Parcel south of Olympic Parkway and east of SR 125. Salt Creek is on the eastern border, and the Otay River Valley is located to the south of the amendment area. In addition to the GDP circulation and village boundary amendments, BSO and McMillin Companies has requested an amendment to the Village Phasing Plan that would move Village 11 and the Freeway Commercial area into the Second Western Phase that contains Villages Two and Six. Village Two is owned by the Otay Ranch Company, which has a Village Two SPA application on file with the City. Both the McMillin Companies and the Otay Ranch Company own Village Six. The SPA Plan for Village Six is scheduled for public hearings later this year. Immediately before the start of the September 23, 2001 Planning Commission meeting, a protest letter was received from attorneys representing Otay Land Company (OLC). OLC is an Otay Ranch property owner whose property was included in the amendments but who are not applicants. The letter indicated that the alignment of Hunte Parkway through OLC property was not acceptable to them and, based on their Development Agreement with the City, OLC has to agree to any GDP amendments on their property. Since they became property owners, staff has on more than one occasion included the OLC in the discussions on the proposed GDP amendments. The OLC has proposed alternative alignments for Hunte Parkway through their EUC property but after reviewing the constraints of the tollway interchange location and the City standards for arterial streets staff believed OLC had agreed with the proposed amendments. Now, however, OLC has objected to the Hunte Parkway alignment through their EUC property. In response to their objection, staff has prepared a revised circulation and land use plan that does not change the GDP on the OLC property and yet provides for the circulation and land use plan amendments needed for the BSO and McMillin properties. This agenda statement reports on the original application as describe and explained in the documents you preciously received and the revised circulation and land use plan which is now the staffproposal. II. General Plan, Zoning and Land Use Ao Circulation The Circulation Element of the General Plan and the Mobility Chapter of the Otay Ranch GDP currently indicate the following for arterial roads in the Otay Valley Parcel: Hunte Parkway 6-lane Prime Village 11/44ane Major Villages 9 & 10 EastLake Parkway 6 lane Prime ending at Birch Road Birch Road 4 lane Major from La Media to SR-125 Birch Road 6 lane Prime from SR-125 to Eastlake Parkway Birch Road 4 lane Major t¥om Eastlake Parkway to Hunte Parkway Patrick Drive 4 lane Major from Alta Road to Birch Road Page 4, Item: Meeting Date: 10/23/01 B. Land Use/Zoning The Land Use Element of the General Plan designates the village boundaries and land uses of the Otay Ranch. The entire Otay Ranch is zoned Planned Community (PC) as are all of the master planned communities in Eastern Chula Vista. As provided for in the PC zone actual land use regulations are not approved for the village until the Planned Community District Regulations are approved as part of the SPA Plan for the village. The entire 1,540 acres involved in the amendment area is vacant and currently farmed for part of the year to grow barley. Cattle are grazed on the agricultural land part of the year. III. Proposed Plan A. General Plan Amendment The amendments to the City of Chula Vista General Plan are proposed to realign Circulation Element Roads and adjust the Land Use Element to reflect changes in village boundaries within the Otay Ranch. The amendments are based on changes in Otay Ranch ownership and provide a more efficient circulation system. Realignment to the arterial roads in the Circulation Element of the General Plan provides the foundation for the amendments to the Otay Ranch Mobility Chapter. The arterial roads form the village boundaries therefore amendments to the Land Use Element are necessary to provide for the adjustments of the village boundaries and reorganization of land uses in the General Plan. Other amendments to the text and diagrams of the General Plan are proposed to assure consistency (see Attachment 2). General Plan Consistency Analysis: Land Use Element - The Land Use Diagram of the General Plan will be amended to adjust land uses within the areas identified in the GDP as Villages 7 & 1 I, Freeway Commercial, Eastern Urban Center, and the University. Modifications are also necessary to Figure 1-3A Landform, Figure 1-4A Urban Core and Community Activity Centers, Figure 1-6A Chula Vista Greenbelt/Open Space Network and Figure 1-7A Gateways to reflect the previous proposed street system. The new revisions combine the existing adopted circulation plan on the OLC land and the portions of the proposed amendments that are necessary for BSO and McMillin proposals. Both modifications to the Land Use Diagram are substantially consistent with the Land Use Element policies. Circulation Element - The Circulation Plan (Figure 2-2A) of the Circulation Element will be modified to reflect realignments and reclassifications. These reclassifications are also being changed in the text of the Circulation Element. Figure 2-3A Bicycle Plan and Figure 2-4A Public Transit Plan are being amended to adjust to the revised street system. Each of the goals, objectives and policies of the Circulation Element are adhered to with the proposed amendments to the General Plan. Parks, and Recreation Element - Proposed amendments to the General Plan include park site reservations consistent with policies contained within the Parks and Recreation Page 5, Item: Meeting Date: 10/23/01' Element. Figure 7-2A Park System Plan is being modified to adjust to the revised street system. Other General Plan Elements - Proposed amendments to the General Plan are consistent with policies contained in the Public Facilities Element, Housing Element, Growth Management Element, Child Care Element, Conservation and Open Space Element, Safety Element and Noise Element. No changes are proposed to any of these elements. Eastern Territories Plan - Proposed amendments include a reduction in the size of the Eastern Urban Center and an reconfiguration of the University site; however, the resultant size and location of the EUC and University site is consistent with the policies contained in the Eastern Territories Plan. Amendments include modifications to Figure 14-1 Regional Transit Corridor, 14-2 Eastern Urban Center, Figure 14-3 Eastern Urban Center and Figure 14-4 Connected Community Parks. These an~endments respond to the reconfigured street system. The Open Space Corridor (Village Greenway) that passes through Village 7, the EUC and Village 11, depicted in Figure 14-2, is being adjusted to assure co~mectivity between Wolf Canyon and Salt Creek, consistent with current policies in the General Plan. The following Otay Ranch GDP amendments are consistent with the proposed General Plan amendments. B. Otay Ranch General Development Plan Amendments 1. Circulation Amendments Hunte Parkway Realignment Connecting with Rock Mountain Road The realignment of Hunte Parkway is proposed to eliminate an arterial road running through the University site by realigning Hunte Parkway to meet Rock Mountain Road at the SR-125 interchange. The alignment will form the sonthem boundary of Village 11 and northern boundary of the proposed University under both the previously proposed and the newly revised alignemnts. The current alignment provides for a 6-lane Prime arterial adjacent to Village 1 lwhich becomes a 4 lane Major adjacent to the University site. This alignment forms the boundary between the urban development on the west side of the road and the Otay Ranch Preserve to the east. Hunte Parkway is a single- loaded street along Village 11 and splits the University site. Analysis: According to the traffic studies prepared for the GDP amendments, the traffic volumes on the realigned Hunte Parkway are similar to those projected for the adopted alignment and provide similar levels of service as a 6-lane arterial. The realignment will provide for access on both sides of the roadway with Village 11 on the north side and the University on the south side, thereby effectively making the proposed roadway realignment predominantly double-loaded and, consequently, providing a more efficient use of the roadway. During the update of the Transportation Development Impact Fee (TDIF), Public Works staff raised concerns about the efficiency of the current alignment as a single-loaded road. The revised alignment provides for development on both sides of this arterial and will spread the cost of Page 6, Item: Meeting Date: 10/23/01 construction through the TDIF Program. Planning staff also expressed concerns about dividing the University site with an arterial road. The proposed realignment will further consolidate the University site. In addition, the GDP provides for Secondary Land Uses for the University site if the University is not developed by the time the first three phases (Village One, Two, Four, Five, Six, and Seven) of the Otay Valley Parcel are developed. The GDP allows Village Nine and 10 to develop under the village concept if 75% of the building permits in the first three phases have been issued. Under the alternative village development, the Main Street connection from SR 125 through Villages Nine and 10 to Hunte Parkway would still be needed to provide access to these villages. Recommendation: Because traffic volumes are similar and the realignment will allow for a cohesive development area of Village 11 and the University site, staff believes the realigmnent will adequately serve the proposed land uses providing acceptable levels of service and is, therefore, consistent with the Otay Ranch GDP policies and recommends approval of the realignment. EastLake Parkway Realignment and the Elimination of Patrick Drive - In the 1993 adopted GDP, EastLake Parkway is planned as the boundary between the Freeway Commercial area and Village 11 ending at Birch Road. Patrick Drive, located further to the east off Birch Road, runs north/south from Birch Road to form the boundary between Village 10 and the EUC. EastLake Parkway is now proposed to be realigned and extend south along the property line between the McMillin and BSO ownership. Deletion of Patrick Drive is proposed with the extension of EastLake Parkway. The proposed EastLake Parkway extension will connect to the new alignment of Hunte Parkway. The realignment forms the new boundary between Planning Area 12 (Freeway Commercial and EUC) and Village 11. Traffic volumes along the previously proposed alignment of EastLake Parkway as a 6-lane Major arterial are consistent with the original volumes projected for current alignment of EastLake Parkway and Patrick Drive and will provide the same level of service. Analysis: The origin and destination points for the new alignment of EastLake Parkway within the Otay Valley Parcel are similar to the 1993 adopted plan. The previously proposed realignment results in a refinement, which respects ownership boundaries while retaining the integrity of the adopted GDP. The newly proposed alignment levels Patrick Drive on the OLC property and connects Eastlake Parkway. Recommendation: Since traffic volumes and connection points are similar to the adopted GDP, staff believes the realignment is consistent with the adopted GDP and recommends approval of the realignment of Eastlake Parkway and elimination of Patrick Drive within the BSO ownership. Elimination of Birch Road east of EastLake Parkway - Birch Road, west of SR- 125, was originally planned to extend between the Freeway Commercial and Eastern Urban Center to Hunte Parkway, forming the southern boundary for Village 11. Page 7, Item: Meeting Date: 10/23/01 Between the Freeway Commercial and EUC, Birch Road was planned as a 6-lane Prime changing to a 4-lane Major between Village 11 and the EUC. With the realignment of Hunte and EastLake Parkways forming the new boundaries, Birch Road is now planned to terminate at EastLake Parkway as a 6-lane Prime arterial and become a Primary Village Entry Street continuing into Village 11. Birch Road remains classified as a 6-lane Prime from SR-125 to EastLake Parkway. Analysis: The GDP amendment traffic studies indicate the overall circulation patterns and traffic volumes are similar between the adopted plan and the proposed plan. The elimination of the eastern segment of Birch Road through Village 11 is consistent with the GDP policies that prohibit arterials from running through villages. Birch Road will provide direct access to the Village 11 core as a village entry street. Recommendation: Because of the realignment of Hunte Parkway and the revision to the Villagel 1 boundaries, the alignment of Birch Road through Village 11 needs to be deleted to be consistent with the GDP policies that prohibit arterial roads from bisecting a village. Staff recommends deletion of that portion of Birch Road which runs through Village 11 as a 4-lane Major arterial. Birch Road Reclassification to 6-lane Major Arterial, La Media to SR-125 - Birch Road from La Media to SR-125 was originally planned as a 4-1ane Collector. While overall traffic volumes within the Otay Valley Parcel have decreased according to the new GDP amendment traffic studies, certain roadway segments are projected to increase. These increases place certain segments close to their threshold capacity. Under the new models, volumes on Birch Road are approaching capacity between La Media and SR-125. In addition, the Catholic Diocese plans to build a private high school in Village Six with access from a driveway on Birch Road. The widening of Birch Road will act as an entry lane into the private high school and the village entry street off Birch Road. Analysis: Because of the new traffic volumes, the location of the proposed high school driveway, the village entry street into Village Six and the on and off ramps to SR-125, the Director of Public Works and City Engineer, in their professional judgment, have determined that an upgrade in roadway classification of Birch Road is necessary. Birch Road is now proposed as a 6-lane Major arterial as part of this GDP amendment. The widening is considered a minor amendment to the overall circulation of the Otay Valley Parcel and is consistent with the Goals and Objectives of the GDP. Recommendation: Staff recommends Birch Road between La Media and SR-125 be upgraded to a 6-lane Major arterial. 2. Land Use Amendments Village Nine The proposed GDP amendments do not change the boundaries of Village Nine. The amendments would eliminate Hunte Parkway through the University site so land uses are redistributed within the village. However, under the Secondary Page 8, Item: Meeting Date: 10/23/01 Land Use as a village, the extension of Main Street in the original Hunte Parkway alignment is still necessary to provide access to the village. Analysis: Because the boundaries of Village Nine do not change with the proposed amendments to delete Hunte Parkway and land uses are redistributed, the amendments are consistent with the GDP. Recormnendation: Staff recommends that the amendments to Village Nine that delete Hunte Parkway be found consistent with the GDP policies. Village 10 - The proposed realignment of Hunte Parkway and the deletion of Birch Road and Patrick Drive transfers land into Village 11 and reduces the area of Village 10 by 64 acres. The transfer consolidates BSO ownership in Village 11. The primary land use for Village 10 is the University. Under the Secondary Land Use, the Village was approved with 1,090 dwelling units. The reduction in land area due to the realignment of Hunte Parkway transfers 251 units to Village 1 I. Village 10 is now proposed to have 839 units, 669 single-family and 170 multi-family units with a population of 4,208 on 269.2 acres. Analysis: The transfer of 64 acres from Village I0 to Village 11 with the realignment of Hunte Parkway still provides 269.2 acres for University uses within Village 10. Under the Secondary Land Use, if the University does not develop, the reduced size of Village 10 is similar in size and density to other smaller villages in the Otay Ranch. The original GDP planned a total of 1,090 dwelling units in Village 10 with 75% single family and 25% multi-family. Trolley service was not planned for this village, so core densities to support the trolley station were not needed. The proposed amendment plans for 839 units, 80% single-family residential and 20% multi-family. The original GDP allocated 20 acres for community commercial uses. The proposed plan calls for 3 acres of commercial to meet the GDP policies on meeting the day-to-day needs of the village residents. The village is still proposed to have an elementary school, a neighborhood park and community purpose facility land to comply with the "village concept" envisioned by the GDP. Since Village 10 was not planned to have trolley service, the amendment will not affect transit connections. Bus service to Village 10 will provide the transit connection to the trolley. The village would have all land uses of sufficient size to be viable under the current GDP policies. Recommendation: Staff believes the mnendment to Village 10 that transfers 64 acres to Village 11 will still provide sufficient land area in Village 10 to be a viable village if the University does not develop and, therefore, the amendment to Village 10 is consistent with the GDP and staffrecommends the approval of the amendment. Village 11 - The realignment of EastLake Parkway and Hunte Parkway arterial roads will result in a reorganization of the boundaries of Village 11, Village 10, the Freeway Commercial and the EUC. The reorganization reduces the area of the EUC and the University Site (including Village 10 Secondary Land Use) and expands the area of Village 11 and the Freeway Commercial site. The transfer of residential units from the Page 9, Item: Meeting Date: 10/23/01 EUC and Village 10 Secondary Land Uses to Village 11 is proposed. The total number of residential units for the entire Otay Valley Parcel will increase slightly because the University is a non-residential land area and the transfer area will become residential in Village 11 with the boundary change. Under the Secondary Land Use as Villages Nine and 10, the total number of residential units for the EUC, Villages Nine, 10 and l 1 will remain the same. Village 11 will increase by 644 units and 34.0 acres from 1,746 in 455 acres to 2,390 units in 489.0 acres. Analysis: While the GDP amendment proposes to reorganize the land uses within Village 11, the village concept will still be implemented. BSO has proposed the village core be located off Birch Road and has organized the core on the Town Square concept. Except for the changes in number of units, no other changes are proposed in the GDP policies for Village 11. The total number of units in the Otay Valley Parcel increases slightly (2%) under the University Site as the primary land use but remains the same under the Secondary Land Use. The amendment to the GDP land use map can be considered consistent with the overall intent of the GDP because the maximum number of units authorized in the GDP under the Secondary Land Use is not exceeded. The amendment still proposes a mixed-use site, an elementary school, a Community Purpose Facility site with a town square park and a neighborhood park in the village core. Recommendation: Staff believes the amendment to Village 11 that transfers land from Village 10 and the EUC due to the realignment of roads is consistent with the GDP policies since the village concept and other village policies are still viable. Staff recommends the approval of the amendment. Planning Area 12 - Freeway Commercial - The realignment of EastLake Parkway increases the size of the Freeway Commercial area of Planning Area 12 by 28 acres. The expansion area is currently designated on the adopted GDP as Medium-High residential in Village 11. Ranch-wide, the increase in Freeway Commercial land area is considered a minor adjustment in the planning area. The Freeway Commercial will increase from 106 acres to 134.5 acres. Analysis: The increase in Freeway Commercial acreage of 28 acres is due to the realignment of EastLake Parkway. As indicated earlier in the Circulation amendments, EastLake Parkway is proposed to follow the property line between McMillin Companies/Otay Ranch Company and BSO. Under the current GDP, this property line diagonally bisects the Medium High residential designation with 12.0 dwelling units per acre. When the amendment was originally proposed, McMillin discussed maintaining the multi-family residential on the west side of EastLake Parkway. However, the GDP policies require multi-family units to be located in a village core and not in a stand-alone project. The McMillin application proposes the entire area on the west side of EastLake Parkway as Freeway Commemial. Staff believes changing the land use designation to Freeway Commercial is consistent with the GDP policies. While the gross area of the Freeway Commercial site is 136 acres, the net area is 110 acres of which the Otay Ranch Company owns 27 acres and McMillin 83 acres. Page 10, Item: Meeting Date: 10/23/01 Recommendation: In order to provide a uniform commercial land use on the west side of EastLake Parkway, staff recommends that the 28 acres currently designated Medium High density be changed to Freeway Commercial. Planning Area 12 - Eastern Urban Center - The realignment of EastLake Parkway decreases the size of the Eastern Urban Center area of Planning Area 12. The proposed amendment transfers approximately 35 acres from the EUC to Village 11 along with 168 dwelling units. The reduction is relatively minor and primary land use components remain similar to those in the adopted GDP. Commercial land uses have been reduced proportionally. Eastern Urban Center Land Uses Land Use Current Plan Proposed Plan Change Residential Units 2,500 dus 2,332 dus 168.0 Acres 70.0 ac 65.5 ac -4.6 Commercial 155.0 ac 118.7 ac -36.3 Regional Mall 25.0 ac 19.1 ac Visitor Comm 20.0 ac 15.3 ac Cultural 5.0 ac 3.8 a Office-Low Rise 80.0 ac 61.3 ac' Office-Med/High 25.0 ac 19.1 ac Park 45.0 ac 45.0 ac CPF 8.9 ac 8.3 ac - .6 Elementary School 10.0 ac 10.0 ac Open Space 13.3 ac 16.1 ac 2.8 Arterial 16.1 ac 19.5 ac 3.4 Total 318.5 ac 283.1 ac -35.4 Analysis: It is believed that the reduction in commercial acreage will still provide sufficient area for a viable urban center, lhe reductions are minor and sufficient land area is provided for each commercial use identified in the EUC. Regional malls in an urban setting similar to the EUC normally use less land than two-story suburban malls with parking lots. Horton Plaza is on 12 acres, so 19.1 acres for the EUC regional mall in this GDP amendment would still provide sufficient area for this commercial use. The same is tree for the other conunercial land uses. The change in residential units is also a minor reduction. The 168 units transferred to Village 11 represent only 6% of the 2,500 traits originally planned for the EUC. The remaining 2,332 units will still provide the 24-hour environment envisioned by the EUC. The 2,332 units will still require all of the supporting land uses such as school, parks and CPF. Recomtnendation: The realigmnent of EastLake Parkway transfers approximately 35 acres from the EUC to Village 11. The proportional reduction in commercial acreage will still provide sufficient land for a viable urban center with enough multi-family units to support the vision of the GDP for the EUC; therefore, staff recommends the amendment to the EUC Page 11, Item: Meeting Date: 10/23/01 land area and uses. Village Greenway - In the adopted GDP, the Village Greenway runs from Wolf Canyon to Salt Creek traversing through Village Seven, the EUC and Village 11. Thc new alignment is proposed to mn from the under-crossing of SR-125 to the southeast comer of the EUC then across EastLake Parkway to the southern edge of Village 11 along Hunte Parkway. The GDP indicates that the 10-foot trail in the 200-foot wide corridor will create a strong east/west open space system and reflect differing characteristics of the adjacent land uses as it moves through the Otay Ranch. In Wolf Canyon and Salt Creek it will relate to the native habitat while in Village Seven it will take several forms including a greenbelt, parks, trails, and the pedestrian portion of the promenade streets. In the EUC, it will provide a network of pedestrian spaces, plazas, malls and squares to create a pedestrian oriented environment. In Village 11, the Greenway was to be similar to Village Seven in that it would take several forms such as greenbelts, parks, trails and the pedestrian section of promenade streets. The Greenway runs on the north side of Birch Road in an drainage area that is adjacent to the 200-foot power and utility easements. The Greenway follows the drainage area as it drains into Salt Creek. The trail would be graded into a hillside on the side of the drainage arroyo. However, due to the arterial street changes, realignment of the Greenway route is proposed in the EUC and Village 11. With the proposed realignment of Hunte Parkway, the current Greenway route in Village 11 is filled in as Hunte Parkway crosses over it. The proposed corridor along Hunte Parkway is within the village perimeter 75-foot average buffer adjacent to the middle gchool site. The Greenway crosses Hume Parkway at the connection with the paseo coming south from the Village 11 core and continues on to Salt Creek along the east side of Hunte Parkway as part of the Chula Vista Greenbelt. McMillin and the Otay Ranch Company have requested a reduction in the width of the Greenway through the EUC and Village Seven be considered as part of this amendment. The request by McMiltin was part of a large package of amendments that are being considered in a phased manner. The Greenway through the EUC is seen by City staff as a key component of the EUC character and is being reviewed in the study of the EUC being conducted by the General Plan Update Team. The General Plan Update Team report was not completed in time to be included in this amendment. The McMillin and Otay Ranch Company requests will be considered and further analyzed as part of future amendments. Analysis: The realignment of the Greenway through the EUC and Village I 1 along Hunte Parkway is a result of the Hunte Parkway realignment and the elimination of Birch Road through Village 11. The reduction in width from 200 feet to 75 feet is a result of realignment of Hunte Parkway. Staff believes that providing the 10-foot trail connection in the 75-foot buffer along Hunte Parkway adjacent to the playfields of the middle school site satisfies the intent of the GDP for the Greenway connection in this village. The 75-foot width is similar to the 60-£oot wide paseos in Village One. The 75-foot Greenway in Village 11 Page 12, Item: Meeting Date: 10/23/01 will transition to the 10-foot the regional trail in the Chula Vista Greenbelt adjacent to Salt Creek. The Greenway amendment for Village 11 can be considered at this time because there is a specific proposal for the Village 11 SPA under consideration while the Village Seven and EUC are still in the conceptual GDP stage. Recommendation: Under the proposal, the Greenway still connects Wolf Canyon with Salt Creek through Village Seven, the EUC and Village 11, and is consistent with the intent of the GDP for regional trail connections. Staff recommends the amendment to the Greenway. 3. Other Amendments Secondary Schools The Otay Ranch GDP currently designates for high schools in Villages Two and 11 and middle schools in Villages Seven and 10. The proposal will relocate the Village 11 high school to Village Seven and the middle school in Village 10 to Village 11. These amendments are based on the Sweetwater Union High School District projected needs for a new middle and high school in the Otay Ranch in the near future. While EastLake High School currently serves the Otay Ranch, the high school site in Village Two will satisfies the immediate requirement for the high school. The proposed amendment that relocates the middle school planned in Village 10 to Village 11 fulfills the near-term middle school requirement. The amendment is a result of on-going discussions with the Sweetwater Union High School District on the phasing of school facilities for the Otay Valley Parcel. The District anticipates that students from Village 11 will be within the Eastlake High School boundaries for the foreseeable future, but the growth rate in the District is so fluid that future adjustments are possible to meet student demand. To meet the long-term needs of the District, another centrally located high school is necessary. The District has agreed to relocate the Village 11 high school site to Village Seven or alternatively Village Eight. The Village 11 high school site designation is currently located on the east side of the village and has a limited service radius due to the Salt Creek Canyon open space corridor. The proposed GDP amendment relocates the high school site to Village 7 due to its central location with the Otay Valley Parcel. An alternative location in Village 8 was analyzed in the EIR. Analysis: The amendment is necessary to meet the Districts' needs and projected school generation for secondary education facilities. The Village 11 middle school is needed next in the District's facility phasing and the Village Seven high school is mom centrally located than the Village 11 site. City staff will continue to meet with District staff to ensure that secondary school facilities are provided when the District needs them. Recommendation: Staff recommends approval of the amendment to relocate the high school to Village Seven and middle school to Village 11. Village Phasing Plan New Millennium (now BSO) applied to amend the Otay Ranch Village Phasing Plan to Page 13, Item: Meeting Date: 10/23/01 include Village 11 in the Second Western Phase. The McMillin Companies also requested that the Freeway Commercial area of Planning Area 12 be included in the Second Western Phase. (Note: Phasing in the Otay Ranch was divided between the Western Phase containing the Otay Valley Parcel (City) and the Eastern Phase containing the Proctor Valley Parcel and the San Ysidro Mountain Parcel (County). The Phasing Plan allows these two phases to be implemented independently from each other.) The First Western Phase currently contains Villages One and Five and the Second Phase contains Villages Two and Six. (See the attached Village Phasing Plan amendment text and map.) Village 11 is currently in the Third Western Phase along with Villages Four, Seven and the commemial portion of the EUC. The Phasing Plan is not entirely clear whether the Freeway Commercial area is considered as part of the EUC phasing. This amendment will clarify that the Freeway Commercial portion of Planning Area 12 is part of the Second Western Phase. The Third Western Phase is now proposed to contain Villages Four and Seven, and the commercial, public facilities and office components of the EUC. The Fourth Western Phase will contain Villages Eight, Nine and 10 (University) and the residemial component of the EUC. The Phasing Plan anticipated that there would not be market demand for the EUC high-density residential component until late in the build-out of the project. The Village Phasing Plan is based on the timely provision of public infrastructure, the efficient provision of public services, and the market absorption of residential units and commercial demand. The Phasing Plan indicates that Village I1 and Freeway Commercial areas were placed in the Third Phase based on the extension of public services from the west from the Second Phase. When the Phasing Plan was adopted in 1993, no other public facilities were adjacent to this area of the Otay Ranch. The EastLake Greens community had not developed and Olympic Parkway had not been designed. All public facilities for Phase Three were planned to be extended from Villages One, Two, Five and Six along Olympic Parkway. Analysis: The Village Phasing Plan guides development of the entire Otay Ranch project. The applicable Goal, Objective and Policies of the Village Phasing Plan are to: "Goal: Develop Otay Ranch villages to balance regional and local public need, respond to market forces, and assure the efficient and timely provision of public services and facilities concurrent with need." "Objective: Coordinate the timing of the development of Otay Ranch villages to provide for the timely provision of public facilities, assure the efficient use of public fiscal resources and promote the viability of the existing and planned villages." Page 14, Item: Meeting Date: 10/23/01 l) "Policy: Phase development to provide public facilities concurrent with need and in compliance with facility thresholds." 2) "Policy: Transportation facilities shall be a major determinant of over all public facilities and development phasing." 3) "Policy: Phase the Otay Ranch villages to promote community identity and character, preserve and enhance the fiscal viability of existing and planned villages, and minimize the disruption of the lives of existing residents." 4) "Policy: Phase Otay Ranch villages to ensure sufficient revenues are generated to efficiently finance the operation and maintenance of needed public facilities, consistent with the Service/Revenue Plan." Public Facilities The Phasing Plan Policy 1 calls for public facilities to be provided concurrent with need. Public facilities will be extended to this area from adjacent urban development in EastLake III. Policy 2 calls for transportation facilities to be a major factor in determining facility and development phasing. The extension of Olympic Parkway to Village 11 is the key transportation factor in allowing Village 11 in the Second Western Phase. It is logical, under the GDP phasing policies, to include Village 11 and the Freeway Commercial area in the Second Phase. Public services will be efficiently provided to the village since these services are either adjacent to the Village or can be provided within the service thresholds of the City and other public agencies. Major arterials have been improved (Hunte Parkway) or will be improved (Olympic Parkway) prior to the development of Village 11. Water, drainage and sewer lines are planned and sized to serve the village and are or will be adjacent to Village 11 prior to development. An elementary school and neighborhood park will be provided within Village 11. Olympic Parkway and Hunte Parkway provide police and fire access to the village and the High School District access to their school site. Including Village 11 and the Freeway Commercial area in the Second Western Phase represents a logical extension of urban services in a planned phased manner that was not anticipated when the GDP was adopted in 1993. The Phasing Plan did recognize that conditions would change and that amendments to the Phasing Plan would occur over time. With public facilities now available in Hunte Parkway, and Olympic Parkway now scheduled for completion next year, public facilities have been extended to the area. The amendment to the Village Phasing Plan moving Village 11 and the Freeway Commercial area into the Second Western Phase is consistent with the GDP Phasing policies. Village Viability Phasing Plan Policy 3 requires that the phasing of the Otay Ranch villages promote community identity and preserve and enhance the viability of existing villages. Moving Village 11 into the Second Western Phase will not affect the viability of existing villages. Villages One and Five are m~der construction. Approximately 79% of the building permits for Village One have been issued. The remaining permits are for the multi-family Page 15, Item: Meeting Date: 10/23/01 projects that have received Design Review Committee approvals and will be under construction soon. These permits include the mixed-use project in the Village One core. In Village Five, McMillin Companies will complete their portion of the Village Five with the mixed-use project recently approved in the SPA One amendment. Final Maps have been approved for the next to last Otay Ranch Company phase of Village Five. Village 11 is not anticipated to have units open until 2003 by which time both Villages One and Five should be completed, thereby not affecting their village viability. The near completion of Villages One and Five indicates a strong market absorption of residential units meeting the policies of the Phasing Plan. Moving Village 11 into the Second Western Phase will put it in competition with the other Second Phase villages: Villages Two and Six. The McMillin Companies has taken the lead in preparing the SPA Plan for Village Six, which should come to public hearings this winter. The Otay Ranch Company has resubmitted their Village Two SPA Plan this month. Village Six is approximately six months behind Village 11 and Village Two approximately 18 months. There are no GDP phasing policies that give preference to one village over another in the same phase. Development of Village 11 in the same phase is not anticipated to affect the viability of either Village 6 or Village 2 due to location and distance between villages on either side of SR-125. Service/Revenue Plan To ensure sufficient revenues were generated by the Otay Ranch project to finance the operation and maintenance of public facilities, a Service/Revenue Plan was prepared as part of the GDP process. The Service/Revenue Plan was based on the Fiscal Impact of New Development (FIND) model that evaluated City and County of San Diego revenues and expenditures. The Phasing Plan Policy 4 requires that the phasing of new development be analyzed to ensure consistency with the Service/Revenue Plan. The City retained MuniFinancial to update the fiscal model to analyze this proposed Phasing Plan amendment. MuniFinancial found that the Phasing Plan amendment moving Village 11 and the Freeway Commercial from the Third Western Phase to the Second Phase would not affect the City's ability to operate and maintain public facilities. The original FIND model analysis conducted in 1993 anticipated that there would be a deficit to City expenditures until the commercial development of the Freeway Commercial and EUC generating sales tax in 2007. The updated MuniFinancial model (Attachment 7) indicates that no deficits are projected over the 25 years of Otay Ranch development due to the increase in actual sales value of homes assumed in the model and sales tm'{ from the Freeway Commercial being generated sooner than the original phasing. To be conservative, the model did not assume a larger share of property tax authorized by the Tax Agreement with the County of San Diego for this year. The Phasing Plan amendment is consistent with the Service/Revenue Plan because the City will be able to finance operation and maintenance costs from the projected revenues according to the updated fiscal model. Recommendation: Since the Phasing Plan amendment to move Village 11 and the Freeway Commercial into the Second Western Phase is consistent with the Village Page 16, Item: Meeting Date: 10/23/01 Phasing Plan policies for the provision of public facilities, fiscal consistency with the Service/Revenue Plan and village viability, staff recommends approval of the amendment. Revised Circulation Plan Since Otay Land Company has not agreed to the proposed realignment of Htmte Parkway through their property, staff proposes that no changes to the Otay Land Company property be include in the 2001 amendments to the GDP. Staff has prepared a revised cimulation plan that does not change the arterial streets or land uses on the Otay Land Company property and yet provides for the circulation and land use plan amendments need for BSO and McMiltin property (Attachment 6). The amendment leaves Alta Road interchange with SR-125, Hunte Parkway through the University and the portion of existing Pathck Drive adjacent to Otay Land Company property as shown on the adopted GDP. The alignment of Hunte Parkway through the University will be renamed Hunte Drive. Patrick Drive will become Eastlake Parkway in the amendment area and Hunte Parkway along the south side of Village 11 will terminate at Eastlake Parkway. The revised circulation plan is attached for your review and as well as an addendum to the Second-Tier E1R with supporting traffic analysis. The revised plan meets the objectives of BSO and McMillin and does not change the Otay Ranch GDP on the Otay Land Company property. 4. Conclusion The proposed General Plan and Otay Ranch General Development Plan with the revised circulation plan will allow future development to follow property ownership boundaries more clearly and provide a circulation system that meets all property owner objectives. The changes in land use and village boundaries are a result of the changes in circulation. Overall, the total maximum number of dwelling units in the Otay Valley Parcel remains the same. Relocating the nfiddle school and high school will better met the needs of the Sweetwater Union High School District. Moving Village 11 and the Freeway Commercial area to the Second Western Phase is consistent with the Village Phasing Plan policies based on the logical extension of public facilities, will not generate a fiscal deficit and will not affect the viability of existing villages. Since the proposed amendments are consistent with the Otay Ranch GDP policies, staff recommends approval of the amendments. FISCAL IMPACT: Processing costs of the General Plan and Otay Ranch GDP Amendment were covered by deposit accounts for both McMillin and BSO. Village 11 SPA Plan was covered by the BSO deposit account. The General Plan and Otay Ranch GDP amendments will allow development that will generate positive net revenues for the City. Attachments 1. Locator Map 2. Proposed City of Chula Vista General Plan Amendments 3. Proposed Otay Ranch General Development Plan Amendments. 4. Planning Conunission Resolution (GPA 01-06 and PCM 99~14) 5. Disclosure Statement 6. Revised Circulation Plan 7. Fiscal Impact Analysis VlILt8E ~ ATTACHMENT 1 \ ViLlaGE 6 VILLAGE 2 ~, \ \ / HULA VISTA PLANNING AND BUILDING DEPARTMEN LOCATOR PRojEct McMillin Companies and PROJECT DESCRIPTION: APPLICANT: Brookfield Shea Otay (BSO) So. of Olympic Pkwy, E of future AMENDMENTS PROJECT SR125 W. of Salt Creek and Request: General Plan Amendment, Otay Ranch ADDRESS: N, of Otay River Valley General Development Plan (GDP) Amendment SCALE: FILE NUMBER: and Village Eleven Sectional Planning Area Plan. NORTH No Scale h:\home\planning\carlos\locators\richwi01.cdr 09,11.01 ATTACHMENT 2 Otay Ranch General Plan Amendment Text Modifications (GPA-01-06) General Plan Element ! Page Number Text Modifications Throughout All Wherever "Orange Avenue" east of Interstate 805 is identified in text, change to Elements and Area "Olympic Parkway." Also, wherever "Otay Valley Road" is identified east of Plans of General Interstate 805, this will be changed to "Main Street." Plan Land Use Element; Eastern Urban Center Page 1-38 "The Eastern Urban Center is a new concentration of urban facilities and services. It is located east of State Route 125 and south of Birch Road ~ ~.h ..... +~r,~ ~,~; ..... ~ ~ .~uo p~,-~w,~,,." Land Use Element; EastLake Parkway Page 1-71 "EastLake Parkway (9) connects with the EastLake Community Center and Business Center on the north to the University Site ~36~o~p~ on the south." Land Use Element; Rock Mountain Road Ota~/Hunte Parkway Page 1-71 "Hunte Parkway (10) is the most easterly north-south connector in the general plan area and connects each of the principal east-west roadways; East H Street, Otay Lakes Road ~ and Olympic Parkway Orange-Avenue. It also connects to State Route 125, south of the Eastern Urban Center. ~ at the same intersection as Rock Mountain Road (~ay~. The Rock Mountain Road/Hunte Parkway scenic route should be generally characterized by lower density residential development~ and open space a~. The segment between Proctor Valley Road ~ and Olympic Parkway ~v,~,,~ /~wenue is residentially oriented, with the portion between Proctor Valley Road E=st l=FgA~reet and Otay Lakes ~ Road paralleling one side of the Chula Vista Greenbelt. South of Olympic Parkway Ora~ the alignment turns westward and should include views of Salt Creek, to-the University Site, and the Wolf Canyon t~ open space areas." Circulation Element; The following represents only those bullets that are proposed for modification: Page 2-20 "The general plan includes the following routes classified as six-lane prime arterials East H Street from Interstate 805 to Otay Lakes Road in Eastern Territories~ East H Street/Proctor Valley Road from EastLake Drive east to Hunte Parkway in Eastern Territories. · , Otay Lakes Road/La Media Road (e~ from Bonita Road south to southern boundary of the general plan in the Eastern Territories. General Plan Amendment Text Modifications General Plan Element / Page Number Text Modifications · Birch Road Territories. ' ..... ray from State Route 125 to EastLake Parkway in Eastern · EastLake Parkway from Transmission Line Easement P~ to Olympic Parkway ©,_.,~ ....... uo in Eastern Territories. · Hunte Parkway from State Route 125 to Olympic Parkway. · Alta Road from Hunte Parkway to southern boundary of ,qeneral plan in Eastern Territories." Circulation Element; The following represents only those bullets that are proposed for modification: Page 2-22 "The general plan includes the following routes classified as six-lane major streets: · EastLake Parkway from Olympic Parkway Avenue to Hunte Birch Parkway in Eastern Territories. · Reck M, ounta!n Ro~d from Route 125 · Birch Road from La Media Road to State Route 125 in Eastern Territories." Circulation Element; The following represents only those bullets that are proposed for modification: Pages 2-23 & 2-24 "The general plan includes the following routes classified as four-lane major streets: · EastLake Parkway from State Route 125 to Transmission Line Easement ............... ~n Eastern Territories. · East Palomar Street from Interstate 805 to Paseo Ranchero in Eastern Territories. · Main Street ~ from Rock Mountain Road to Route 125 tc Birch P~3~,wa:,, in Eastern Territories. .............. , ......... , ...... Rccd/La .Media Road to R .... !25 ...,4 from Eastern Territories GOAL 3, EASTERN URBAN CENTER Area Plan; Page 14- "Consistent with the objective of creating a balanced community in Eastern 6 Territories, the General Plan designates an area immediately east of the proposed State Route 125, south of Olympic Parkway Oran~ and generally north of Hunte Parkway Olay-Va~ey-Road, which will have urban land uses." Eastern Territories 5.3 EASTERN URBAN CENTER Area Plan; Page 14- "The Eastern Urban Center consists of approximately 28~3 439 acres located in the 10 center of the Eastern Territories." Eastern Territories 5.4 FREEWAY COMMERCIAL AREA Area Plan; Page 14- "An area north of the Eastern Urban Center, east of Route 125, west of EastLake 14 Parkway, and ne,dh a,'%l south of Olympic Parkway r~v,~.,~ ..... ,~"enuc,.. is designated for commercial uses. July 3, 2001 2 LEGEND L-~ Transit Corridor [Future Station Figure 14- 1 REGIONAL TRANSIT CORRIDOR FREEWAY Residential Residential Community TO SALT CREEK T( ~ RN WOLF ~_o~,~~'~ URBAN CANYON / I CENTER [~ Transit Corridor I~[~ I Future Stations Figure 14- 2 , EASTERN URBAN CENTER EASTERN URBAN CENTER Figure 14- 3 , EASTERN URBAN CENTER ,, ~ -'-~.. I~_ ,~...-~ 'LEGEND : ._ ~ [__ _ ~TraiISystem Figure 14-4 CONNECTED COMMUNITY PARKS I ATTACHMENT 3 I C D E F G H I J K L M N O Overall Project Summary*** SF MF Total Park CPF C'ml, Approx. ~illage Units Units Units Res. Ac. Ac* Ac.+ Sch Ac. Ac. Open Sp. Art. Ac. Other Total Ac. Pop. DVP City w/Vii 3 ks Ind. & V9/10 mUniv. 9,133 9,262 18,395 2,852.0 159.3 66.6 250.(] 299.c~ 4,153.8 541.8 1,190.1 9,513.5 52,844 DVP City w/Vii 3 ~s Ind. & V9/10 as >,es. 10,537 10,442 20,979 3,249 205 77 27£ 312 4,268 576 493 9,449 60,34~ ?)VP County w/ 3niversity 9,746 9,390 19,136 3,001.0 164.0 69.8 250.£ 305.2 4,293.8 557.9 1,190.1 9,831.8 55,132 >roctor Valley ?arcel 2,631 1,558 4,189 1,886.2 12.5 18.8 10.£ 2.9 5,654.2 61.3 249.1 7,895.0 12,392 gan Ysidro Vlountains Parcel 779 0 779 1,499.8 3.4 2.3 10X 3.3 4,036.2 0.0 0.0 5,555.0 2,493 1 FotalCity 12,543 10,820 23,363 6,238.0 175.2 87.7 270.£ 306.1 13,844.2 603.1 1,439.2 22,963.5 67,72~ I FotalCounty 13,156 10,948 24,104 6,387.0 179.9 90.9 270X 311.4 13,984.2 619.2 1,439.2 23,281.8 70,017 ~Park land included in residential acreage. Actual distributio of acreage will be determined with the Park Master Plan. ~*See Village 3 discussion for condition precedent to utilizing residential uses within the City of Chula Vista. ***Subsequent references to the "Overall Project Sum nary Table" include the summary ab es by parcels (pages 73, 78, and 81). CActual distribution of community purpose facility (CPF) acreage wil be determined at the SPA level, consistent with Part I1, Chapter 5. DVP Maximum It Residential 11,150 10,570 21,720 3,398.2 209.7 80.3 270. 316.9 4,407.6 592.I 1,190.1 10,464.9 62,634 Maximum 17 ~-esidential4 14,560 12,128 26,688 6,784.2 225.6 101.4 290.E 323.1 14,098.0 653.4 1,439.2 23,914.9 77,518 2ity Maximum 18 ~'esidentialS 13,947 12,000 25,947 6,635.2 220.9 98.2 290.13 317.6 13,958.0 637.3 741.7 22,899.1 75,230 Exhibit 18 Overall Project Summary Table Yh~s number represents he maxm~um number of umts for the entire Dray Ranch, including the residential development of Villages 3, 9 and t0. Th s ~umber represents he nax mt m number of umts for the C~ty s scenarm of V age 3 as industrial and Villages 9 and 10 as residential. H:\HOME\PLANNING\OTAYRANCH\OR GDP AMENDMENT~GDP AMENDED TABLES\OR GDP Exhibits Land Use Table (Sheet1) 09/19/2001 C D E F G H I J K L M N O Otay Valley Parcel SF MF Total Park C'ml. Open Total Approx. Village Units Units Units Res. Ac. Ac. CPF Ac. Sch Ac. Ac. Sp. Art. Ac. Other Ac. Pop. Village 1 2,131: 1,21~ 3,354 547.5 27.; 6.0 20.13 8.1 247.8 46.5 0.( 903.1 9,94 Village 2 1,133 58{ 1,719 486.8 35.( 8.1 60.C 18.; 158.3 32.7 0.( 799.¢ 5,12~ Village 3 612 12~ 741 149.C 4.~ 3.2 0.(2 5.5 140.0 16.1 0.( 318.3 2,281 Vii 3 Ind. 0 0.£ 0.( 0.0 0.£ 0.( 140.0 16.t 187.5 343.6 0 Village 4 537: 532 290.5 3.41 2.4 I 0.( 3.( 262.7 35.(2 0.( 607.2 1,702 ~'illage 5 1,262 1,61.' 2,878 370.2 10.0 1t.3 10.( 6.( 70.4 15.4 0.( 493.4 8,16(3 1 ¢illage 6 99( 1,24; 2,232 275.-: 10.0 8.8 10.( 4.6 39.7 16.5 0.( 364.9 6,335 11 ¢illage 7 1,05_: 448i 1,501 241._' 9.3 6.3 85.( 7.2 45.3 17.1 0.( 411.7 4,512 12 ¢illage 8 1,021 436 1,457 267.~ 8.9 6.(2 10.( 13.4 22.6 14.7~ 0.( 342.8 4,37~ t3 ¢il 9 Univ. 0 0.( 0.0 0.(2 0.( 0.0 0.0 0.( 3635 363.9 ¢illage 9 73.' 1,010 1,745 251.1 10.0 6J3 10.i 8.7 58~1 19.1 0A 363.9 4,92[ 15 ¢il 10Univ. 01 0 0.0 0.0 0.( 0.( 0.0 0.13 0.( 333.~ 333.6 16 ¢illage 10 669 170 83c~ 146.1 35.7 3.( I0.0! 3.0 55.7 15.1 0.0 269.2 2,57,~ 17 Village 11 1,005 1,385 2,39( 306.7 10.13 9.4 35.0 I0.0 53.4 66.5 0.0 491.0 6,74~ 18 ?lng. Area 12 0 2,332 2,337, 65.5 45.13 8.2 10.0 228.9 29.2 30A 0.0 417., 5,94; t9 ?lng. Area 18A 0 0 0.0 0.13 0.( 0.0 0.0 0.£ 0.( 215.8 215.8 ?lng. Area 18B 0 0 0.0 0.C 0.{ 0.0 0.0 0.(2 0.( 69.7 69.7 21 Dther: 0.13 Open Space 0 0 0.0 0.£ 0.( 0.0 0.0 3,084.4 0.( 0.0 3,084.4 23 SR125 0 0 0.0 0.(2 0.( 0.0 0.(J 0.(2 182.( 0.0 182.C Public 0 0 0.0 0,(2 0.( 0.0 0.13 0.£ 0.( 19.6 19.1: 25 Arterial 0 0 00 0.(2 0.( 0.0 0.0 0.(2 69.1 0.0 69.1 I oral city a~/V3 as Ind. & 26 g9/10 as Univ. 9,133 9,262 18,39-' 2,852.0 159.2 66.{ 250.0 299.9 4,153.~ 541.~ 1,190.1 9,513.5 52,84~ rotat City 0v/V3 as Ind. & 27 ¥9/10 as Res. 10,537 10,442 20,97[ 3,249.2 205.(2 77.1 270.0 311.6 4,267.1: 576.( 492.6 9,449.1 60,34{ 28 Yotal County 9,746 9,390 19,13{ 3,001.0 164.C 69.~ 250.0 305.2 4,293.8 557.t~ 1,190.1 9,831.8 55,13~ Maximum 29 Residential[II 11,150 10,57(J 21,72( 3,398.2 209.7 80.2 270.0 316.9 4,407.t: 592.1 1,190.1 10,464.9 62,63~ Exhibit 19 Otay Valley Parcel Land Use Table [I } This number reoresents the maximum number of units for the entire Olay Ranch. including residential development of Villages 3.9 and 10. h:\home\planning\olayranch\or gdp amendmenl\gdp amended tables\OR GDP Exhibits Land Use Table (Sheet2) Proctor Vaile~ Parcel Village SF Units MF Total Res. Ac. Park Ac CPF Ac Sch Ac. C'ml. Open ArL Ac. Other Total Approx. Units Units Ac. Sp. Ac. Pop. ¢illage 13 65~ 1,40~ 2,066 375.5, 0.0( 9.6( 0.00 0.0( 137.00 12.2{3 249.1( 783.40 5,69~ Village 14 1,562 15( 1,713 773.8[ 10.0( 7.50 10.0{3 2.9( 0.80 23.7£ 0.00 828.71 5,38,~ >lng. Area 16 39( 390 716.9£ 2.5( 1.70 0.0£ 0.00 370.0{3 25.4 0.00 1116.50 1,24~ ?lng. Area 19 2( 20 20.0 0.0( 0.00 0.0£ 0.00 0.0{3 0.0( 0.00 20.00 6,I Dther: Open Space 0 13 0.0( 0.00 0.0{3 0.0( 0.00 5146.4C 0.0( 0.00 5146.40 I'otal 2,631 1,558 4,189 1886.2( 12.50 18.8C 10.0( 2.90 5654.2{3 61.3{ 249.II 7895.00 12,397: Exhibit 21 Proctor Valley Parcel Land Use Table San Ysidro Mountains Parcel Village SF Unit~ MF Total Res. Ac. Park Ac CPF Ac. Sch Ac. C'ml. Open Art. Ac. Other Total Approx. Units Units Ac. Sp. Ac. Pop. Village 15 48: 0 483 683.1 3.40 2.3£ 10.0( 3.30 97.8C 0.0( 0.00 799.90 1,54~ Village 17 29t 0 296 816.7( 0.00 0.0{3 0.0( 0.00 794.5C 0.0( 0.00 1611.20 947 Dther: {3 0.00 0.0{3 0.00 0.0{3 0.0£ 0.00 0.00 OpenSpac¢ 0 {3 0.0( 0.00 0.0C 0.0( 0.00 3143.9{3 0.0£ 0.00 3143.90 Fotal 77~ 0 779 1499.8( 3.40 2.3{3 I0.0( 3.30 4036.2{3 0.0£ 0.00 5555.00 2,493 Exhibit 23 San Ysidro Mountains Parcel Land Use Table h:\home\planning\otayranch\or gdp amendment\gdp amended tables\OR GDP Exhibits Land Use Table (Sheet3) Otay Ranch GDP/SRP ~z Part 7. Village Seven a. Village Seven Setting Village Seven is comprised of approximately 412 acres located east of Wolf Canyon and north of Rock Mountain Road. Open Space and Habitat: The Village Seven site has historically been used for agricultural purposes and does not contain significant environmental resources. The upper reaches of Wolf Canyon extend into the village, although this area has no sensitive resources. Land Use: Village Seven is located in the interior of the Otay Valley Parcel, surrounded by land historically used for agricultural activities. The village is surrounded by Villages Six, Eight, Four, and the Eastern Urban Center (EUC) tothe east, across SR-125. Village Seven is located immediately to the west of the planned SR- 125. A 100 acre Vortac facility (an aviation navigational facility) is located within the village site. Visual: Village Seven contains views into the upper reaches of Wolf Canyon, and more distant views to the mountains to the east and northeast. The Vortak facility provides potentially negative near views within the village. Relationship to Other Otay Ranch Villages: Village Seven has a direct access to the Eastern Urban Center (EUC), and a close relationship with Villages Two and Four, the lower density villages on the edges of Wolf Canyon to the west. Village Seven is located between these lower intensity villages and the ui'ban uses planned for the Eastern Urban Center. Thus, Village Seven will provide a transition from the lo~ver densities, open space, and recreational opportunities near Wolf Canyon to the more intense neighborhoods in the EUC. b. Village Seven Description Village Seven is an Urban Village. Urban Villages are adjacent to existing urban development and are planned for transit oriented develop~nent with higher densities and mixed uses in the village cores. Village Seven includes: o A maximum of !~,g-93 ~[,053 single family residential units o A maximum of 448 multi-family residential units o Build-out population of approximately 5,280 o A middle school o Ahigh school Adopted October 28, 1993 Page 156 Amended June 4, 1996 Otay Ranch GDP/SRP ~z Part H o A trail cormection through the village connecting Wolf Canyon to the west to the Eastern Urban Center to the east o A village core area containing: Commercial uses in a mixed use setting Public and community purpose facilities A transit stop An elementary school Multi-family residential A Toxvn Square/Village GreeWMain Street Affordable Housing Neighborhood Park Village Seven USE ' SF ME Total Res. Dens. Par~"~PF Sch C'ml. Open Art. Total Approx. Units Units Units Ac. _ Ac* Ac. Ac. Ac. Sp. Ac. Ac. _Pop. LMV '1~ 0 -1¢,9,3 260¢6 5.0 .6' 25~ 285.6 4,138 10_~53 .... 1~0~53 210.6 75.0 _ 3,370 MU 0 0 0 0.0 J,l;),0 ~ 7.2 ~ 0 9.3 6.3 22.~8 MH 0 448 448 30.9 14.5 10.0 40.9 1,142 --QT~ER 0 0 0 0.~' --- 4-3¢6 17.~ -- 60.7 0 TOTAL ~ 448 'k~44 ~ ~ ~ 55.8 7.2 4g~ 17.1 411.7 5,280 1,053 1501 241.5 9.3 6.3 85.0 45.~3 4,512 *Part of park acreage re-q~irements have been allocated to community parks. Actual park size to be determined by Parks Master Plan at the SPA level. Exhibit 50 Village Seven Land Use Table c. Village Seven Policies Village Character Policies: o The village character shall be guided by the following qualities: The greenbelt corridor connecting the village with Wolf Canyon, the Eastern Urban Center and Salt Creek shall be a unifying feature of the village. Compatibility with the Eastern Urban Center. Views into Wolf Canyon and distant views to the mountains to the east and northeast. Complementary relationship with Village Four. Adopted October 28, 1993 Page 157 Amended June 4, 1996 Otay Ranch GDP/SRP ~ Part o Higher densities shall be strategically located to provide a transition from the more intense urban uses of the Eastern Urban Center and SR-125, to the lower intensity uses near Wolf Canyon. Village Core Policies: o The greenbelt connection which winds through the village shall be an integral design element of the village core, potentially connecting open space, trails, recreational amenities, civic uses and schools. This greenbelt may be located within or adjacent to the core area. Parks and Open Space Policies: Application of the 3 acres per 1,000 residents standard would result in the development of 15.8 13.5 acres of local parks in Village Seven. To satisfy this requirement, ! 0.5 9.3 acres of neighborhood parks/town square are planned. The remaining obligation is satisfied throug_0_h the provision of community parks in Villages 2, 10 and the EUC. The following policies shall guide the design of parks and open spaces in Village Seven: o A regional pedestrian and open space link will be provided through the village connecting Wolf Canyon on the west to the Eastern Urban Center and Salt Creek on the east. This greenbelt connection may take several forms, including a greenbelt, parks, trails, and the pedestrian portion of promenade streets. The average width and continuous character of the greenbelt shall be defined in the Overall Ranch Design Plan. The greenbelt shall average 200 feet in width (excluding street ROW) over the entire length of any village (requirements set forth in Section E, Implementation) to provide a direct connection between the village core, Wolf Canyon, and the intense uses of the Eastern Urban Center (see GDP/SRP Land Use Map). o The average width of the pedestrian open space/trail corridor shall be calculated from one edge of the village to the other. o Buffeting shall be provided to screen the Vortac facility (aviation navigation facility) from a4iacent land uses, if this use is not relocated. Other Village Seven Policies: o Two Three schools are planned in Village Seven. These shall be appropriately separated with intervening land uses. The_ high school and middle school shall abut the regional open space, if fi:asible~ providing for non-vehicular access. Adopted Octobcr 28, 1993 Page 158 Amended June 4, 1996 Otay Ranch GDP/SRP ~ Part II o Although this village is not located along the light rail transit line, a transit stop shall be approximately located at the SPA level and will be conditioned for dedication at the Tentative Map level. Adopted October 28, 1993 Page 159 Amended June 4, 1996 Exhibit 52 Village Seven Land Use Map September 19, 2001 Otay Ranch GDP/SRP ~ Part II 9. Village Nine a. Village Nine Sett#tg Village Nine is comprised of approximately 364 acres located in the southern portion of the Otay Valley Parcel, northeast of the proposed interchange of SR-125 and Otay Valley Road. The site is north of the Otay River Valley. Open Space and Habitat: Village Nine is located adjacent to two natural resource areas: Salt Creek and the undulating slopes and bluffs of the Otay River Valley. Areas of significant habitat occur along the bluffs, including coastal sage scrub. Land Use: Surrounding uses include the County Detention Facility, Donovan State Prison, Otay Mesa industrial area and Brown Field, to the south across the river valley. Proposed SR-125 is the western village boundary. Visual: Scenic values extend along Otay Valley Road, an open space scenic corridor. The village contains views to Rock Mountain, the Otay River Valley, and Salt Creek, with more distant views of the San Ysidro Mountains to the east. Relationship to Other Otay Ranch Villages: Village Nine is located immediately southeast of the Eastern Urban Center, with which the Village should have a complementary, relationship. Village Ten is located to theeast, and Village Eight is located to the west, across SR-125.. Village Nine Descri£tion The primary land use for Village Nine is designated as University. The intent of the GDP is to reserve a site for a full scale university within the Otay Ranch. See Part II, Chapter 1, Section D, herein, describes the land use. The GDP reserves the land for a university for a period of time dependent on the phasing. See Part II, Chapter 9, Part B, for phasing policies. The secondary land use for Village Nine consists of an Urban Village with transit/trolley. Urban Villages are adjacent to existing urban development planned for transit oriented development with higher densities and mixed uses in the village cores. Village Nine contains: [] A maximum of 735 single family residential units V~ A maximum of 1,010 multi-family residential units vi Build-out population of approximately 4,928 [221 A village core area containing: · Commercial uses in a mixed use setting Adopted October 28, 1993 Page 160 Amended June 4, 1996 Otay Ranch GDP/SRP zr Part II Public and community purpose facilities A transit stop and station An elementaxy school Multi-family residential A Town Square/Village Green/Main Street Affordable Housing El Neighborhood Park - Fire Village Nine** Approx. Pop, 1,987 0 2,576 365 0 4,928 *. Actual park size to be determined by Parks Master Plan at the SPA level, Actual CPF acreage will be determined at the SPA level. **Village Nine has a primary land use designation of University and a secondary land use designation of residential as depicted in this table, Exhibit 54 Village Nine Land Use Table c. Village Nine Policies Village Character Policies: o The village character should be guided by the following qualities: Location adjacent to the Otay River Valley. High intensity of the village land uses. Linkage and compatibility with the Eastern Urban Center. Views to Rock Mountain, the Otay River Valley, Salt Creek and mountains to the east. Location along a proposed light rail transit line. Adopted October 28, 1993 Page 161 )dnended June 4, 1996 Otay Ranch GDP/SRP zz Part II o The Eastern Urban Center, SR-125 and the transit corridor provide opportunities for higher density along the northern and western edges of Village Nine. The adjacent open space to the south suggests a lower density residential to complement topography and the Otay Valley Regional Park. o Development along the northern village boundary shall be compatible with the land uses in the adjoining Eastern Urban Center. Pedestrian walkways link multi-family residential areas, wherever feasible. o Residential development along the southem portion of the village shall emphasize views of the Otay River Valley. o Pockets of developable land south of Otay Valley Road shall be used for low density residential uses overlooking the park, and shall be subject to special design criteria to be developed in the Overall Ranch Design Plan. Village Core Policies: o A trolley stop and/or station shall be approximately located at the SPA level and will be conditioned for dedication at the Tentative Map level in the village core o Light rail transit line rights-of-way shall be approximately located at the SPA level and will be conditioned for dedication at the Tentative Map level. o The number of homes identified for the village core is a minimum and ~nay not be reduced. Parks and Open Space Policies: Application of the 3 acres per 1,000 residents standards would result in the development of 14.8 acres of local parks in Village Nines_- ToI satisfy this requirement, 10.0 acres of neighborhood parks/town square are planned. The remaining obligation is satisfied through the provision of community parks in Villages Two, Ten and the EUC. The following policies shall guide the design of parks and open spaces in Village Nine: o Natural open space areas adjacent to the Otay River Valley identified on the GDP/SRP Land Use Map shall be preserved outside of individual private lots. Siguificant habitat areas shall be retained in natural open space. Degraded habitat and slope shall be revegetated consistent with revegetation and slope guidelines developed at the SPA level. Landform grading shall be utilized in these areas to Adopted October 28, 1993 Page 162 Amended June 4, 1996 Otay Ranch GDP/SRP ~r Part II represent natural slope gradients and provide an undulating edge with varying gradients. Slope without habitat areas shall conform to landscape concepts developed at the SPA level. o The village edge shall be a landscaped buffer, providing a soft transition to the Otay Valley Regional Park/Otay Ranch Preserve. o Pedestrian trails shall be provided to link the village with the Otay Valley Regional Park. Other Village Nine Policies: o The visual impacts of development in areas adjacent to the Otay River Valley shall be considered in the design of neighborhoods along this edge. A visual analysis shall be performed at the SPA level to assess the visual impacts of development adjacent to the Otay River Valley. The Overall Ranch Design Plan will define the requirements for the visual analysis. o Contour grading shall be required adjacent to the Otay River Valley. Landform grading guidelines shall be defined and developed as part of the Overall Ranch Design Plan, and further refined in the Village Design Plan at the SPA level. o Design guidelines which address the visual quality of development adjacent to the Otay Valley Regional Park shall be developed in the Overall Ranch Design Plan and further refined in the Village Design Plan for Village Nine. Adopted October 28, 1993 Page 163 Amended June 4, 1996 Village 9 Alternative Exhibit 57 Village Nine Land Usc Map: Secondary Residenbal Village Land Use September 19, 2001 University The primary usc of Villages 9 and l0 is University as described in Otay Ranch Land Use Designations Table, Part 1I, Chapter 1, Section C. Villages 9 and 10 have secondary land use designations for Village purposes as described in Part II, Chapter I,Section F9 and Fl0, and thc area west of Wuestc Road, east of Main Street, has a secondary designlation as open space. Exhibit 56 Village Nme Land Use Map: Primary University land Use September 19, 2001 Otay Ranch GDP/SRP ~r Part 10. Village Ten a. Village Ten Setting Village Ten is approximately 33d 270 acres located in the eastern portion of the Otay Valley Parcel, between the Eastern Urban Center and Salt Creek. The site is characterized by a broad mesa with slopes along the eastern boundary leading down to Salt Creek. Open Space and Habitat: Village Ten is located adjacent to the steep slopes and habitat of Salt Creek. Land Use: Village Ten is located on the eastern edge of the Otay Valley Parcel. This site is surrounded by vacant farm land and native habitat. Surrounding uses include Villages Eleven and Nine to the north and southwest, the Eastern Urban Center to the west, and the ARCO/U.S. Olympic Training Center across Salt Creek to the east. Lower Otay Lake lies to the east across the ridge which borders the Salt Creek corridor. Visual: Scenic values extend along Salt Creek . The village contains views to Rock Mountain and the Otay River Valley, and more distant vie~vs of the San Ysidro Mountains to the east. Relationship to Other Otay Ranch Villages: Village Ten is located imme~tiately east of the Eastern Urban Center. Village Eleven is located to the north, and Village Nine is located to the southwest.©tay Valley Road separates ~ it.s ~in ....... b. Village Ten Description The primary land use for Village 10 is designated as University. Part II, Chapter 1, Section D describes this land use. The intent of the GDP is to reserve a site for a full scale university within the Otay Ranch. The GDP reserves the land for a university for a period of time dependent on the phasing. Also see Part II, Chapter 9, Section B for phasing policies. The secondary land use for Village Ten consists of an Urban Village. Urban Villages are adjacent to existing urban development and are planned for trm~sit-oriented development with higher densities and mixed uses in the village cores. Village Ten contains: o A maximnm of 819 669 single family residential units o A maximum of 271 170 multi-family residential units o Build-out population of approximately 3,311 2,574 o Middle Sc-hool © A Comnmnity Park © A village core area containing: Adopted October 28, 1993 Page 166 Amended June 4, 1996 Otay Ranch GDP/SRP zr Part Commercial uses in a mixed use setting Public and community purpose facilities A transit stop An elementary school Multi-family residential Neighborhood Park A Town Square/Village Green/Main Street Affordable Housing Village Ten** Use Approx. Pop. 1,302 0 43~3 1,318 CP 0 OTHER 0 3,311 TOTAL 2,574 *Actual park size to be determined by Parks Master Plan at the SPA level Actual CPF acreage will be determined at the SPA level. **Village Ten has a primary [and use designation of University and a secondary land use designation of residential as depicted in this table. Exhibit 56 Village Ten Land Use Table c. Village Ten Policies Character Village Policies: o The village character should be guided by the following qualities: Location adjacent to the Salt Creek corridor. High intensity of the village land uses. Complementary relatioi~ship and compatibility with the Eastern Urban Center, especially its residential component. Adopted October 28, 1993 Page 167 Amended June 4, 1996 Otay Ranch GDP/SRP z~ Part II Views to Rock Mountain, the Otay River Valley, and the San Ysidro Mountains to the east. Village Core Policies: o The village core should be located near the western village boundary in order to provide some community services for the residents of the Eastern Urban Center. Parks and Open Space Policies: Application of the 3 acres per 1,000 residents standard would result in the development of 9.9 7.7 acres of local parks in Village Ten. To satisfy this requirement 6.7 acres of neighborhood parks/town square are planned in addition to a 28 acre community park. The exact amount of parklm~d will be determined at the SPA level. The following policies shall guide the design of parks and open spaces in Village Ten: © The community park design should provide a strong link with the adjacent regional open space through the use on neighborhood and regional trail connections. Location of the community park is subject to a feasibility study at the SPA level· o Natural open space areas adjacent to the Otay River Valley identified on the GDP/SRP Land Use Map shall be preserved outside of individual private lots. Natural open space character along the canyon shall be based upon the concepts developed in the Overall Ranch Design Plan and refined in the Village Design Plan for this village. o S~'b~''b°~, ,~,~o ~,.~o-4~"~,,~v.,~; ..... ~h,~X-be, provided alcp. g Otay Val~ o Community park grading shall not extend into Salt Creek Open Space Preserve area. o Pedestrian trails shall link the village with the Otay Valley Regional Park. Other Village Ten Policies: o Contour grading shall be required adjacent to Salt Creek. Landform grading guidelines shall be developed as part of the Overall Ranch Design Plan and will be further refined in the Village Design Plan at the SPA level. o Design guidelines which address the visual quality of development adjacent to Salt Creek shall be included in the Overall Ranch Design Plan, and further refined in the Village Design Plan for Village Ten. Adopted October 28, 1993 Page 168 Amended June 4, 1996 Otay Ranch GDP/SRP ~r Part II o Although the village is not located along the light rail transit route, a transit stop shall be approximately located at the SPA level and will be conditioned for dedication at the Tentative Map level. Adopted October 28, 1993 Page 169 Amended June 4, 1996 Village 10 Alternative Exhibit 60 Village l'en [.aml Usc Map: Sccondar>, Village Residential Land Use September 19, 2001 University The primary use of Villages 9 and l0 is U~liversity as described in Otay Ranch Land Use Designations Table, Part 11, Chapter 1, Section C. Villages 9 and 10 have secondary land use designations for Village purposes as described in Part II, Chapter 1,Section F9 and FI0, and the area west of' Wucste Road, east of Main Street, has a secondary designation as ()pen space. };xhibit 59 Village Ten Land Use Map: Primary Universit3~ Land Use September 19, 2001 Otay Ranch GDP/SRP ~t Part II 11. Village Eleven a. Village Eleven Setting Village Eleven is comprised of approximately 455 489 acres located in the northeastern portion of the project, south of the extension of E~Olympic Parkway and west of the extension of Otay xT~n~.,,, ~-.~, ~e~,4~. ~- Hunte Parkway. Salt Creek is located along the eastem boundary and ~-',~ ~ o;,~ ......... r c~ ~v ~ ~ ............ a ......... Cre ............... hera:dm'3' ef the vi!!age a university is located to the south. The community of EastLake is located to the north. Open Space and Habitat: Village Eleven is located adjacent to the slopes and habitat of Salt Creek. This area has been extensively farmed. Land Use: n'h~...~ o~-~" r~i~.~,~ .... Aquedttet ~..~ The San Diego Gas and Electric (SDG&E) and San Diego County Water Authority ~SDCWA) easement cross the site northwest to southeast. EastLake Greens is a planned community located along the northern edge of the village. Visual: Village Eleven is located to the south of~ Avenu~Olympic Parkway, a scenic corridor. Views from the village include views of the mountains to the northeast, east, and south, and views of the Salt Creek Canyon. Relationship to Other Otay Ranch Villages: Village Eleven is located adjacent to the Eastern Urban Center_, and Freeway Commercial area and a park-and-ride_facility in Planning Area 12. The village will provide transitions between these more intense uses and adjacent residential uses. b. Village Eleven Description Village Eleven is an Urban Village. Urban Villages are adjacent to existing urban development and are plam~ed for transit oriented development with higher densities and mixed uses in the village cores. Village Eleven contains: o A maximum of 745 1,005 single family residential units o A maximurn of 1,004- 1,385 rnulti-family residential units o Build-out population of approximately 4,93~-6,749 o A ~i-~ middle school o Open space corridor o A village core area containing: Commercial uses in a mixed use setting Adopted October 28, 1993 Page 172 /~anended June 4, 1996 Otay Ranch GDP/SRP zr Part II Public and community purpose facilities A transit stop An elementary school Multi-family residential A Town Square/Village Green/Main Street Affordable Housing Neighborhood Park Village Eleven SF MF Total Res. Dens Park CPF Sch C'ml. Open Art. Total Approx. Use Units Units Units Ac. Ac* Ac. Ac. Ac. Sp. Ac. Ac. Pop. 304 304 25,3 42~0 2r'%~ 1,487 MH 0 583 5~ 4:;}.7 13.~7 42.~ 0 O 0 8 10.0 6.9 0 :~(b¢ ~ 1204 MU 0 472 47~ 22.~ 2a.~ 6,4: 10.0 1~.~ 6t.~7 M H 195 330 525 75.7 6.9 25.0 100.7 1,466 LMV 810 I 0 810 166.0 4.9 ~ 166.0 2,592 95~3 33,8 OTHER 0 0 0 0.0 0.0 51.~4 66.5 11_7.9 TOTAL 1,00~ 1,385 2,390 306.7 9.4 35.0 10.0 51.~4 66.5 489.0 6,749 *Pad of park acreage requirements have been allocated to community parks. Actual park size to be determined by Parks Master Plan at the SPA level Exhibit 58 Village Eleven Land Use Table c. Village Eleven Policies Village Character Policies: o The village character should be guided by the following qualities: Location adjacent to the Salt Creek corridor. High intensity of the village land uses. Compatibility with the Eastern Urban Center. Views to the mountains to the northeast, east and southeast, and the Salt Creek corridor. Adopted October 28, 1993 Page 173 Amended June 4, 1996 Otay Ranch GDP/$RP ~r Part II o Village Eleven shall contain a regional greenbelt which connects to and threugh the Eastern Urban Center. o Multi-family residential uses should be located within and eutside the village core to provide housing opportunities adjacent to the Eastern Urban Center and Freeway Cormnercial area. Village Core Policies: o The village core land uses should provide a medium density transition to the Freeway Con-anercial areas to the west. o The village core should utilize th~_= ...... ........ *'~f/-an,~ open space corridor as an identifying feature. Parks and Open Space Policies: Application of the 3 acres per 1,000 residents standard would result in the development of 1 d.8 20.2 acres of local parks in Village Eleven. To satisfy this requirement, 10.0 acres of neighborhood parks/town square are planned. The remaining obligation is satisfied through the provision of community parks in the Otay Ranch. The folloxving policies shall guide the design of parks and open spaces in Village Eleven: o A regional greenbelt/open space link (a miniinum of 200 7~5 feet wide) will be provided th:'o~g!'~ on fl~e soutb side of the village, connecting Wolf Canyon, the Eastern Urban Center and Salt Creek. This colmection may take several forms, including a greenbelt, parks, trails, or promenade streets. The greenbelt shall be an average of 200 75 feet wide. The GDP/SRP Land Use Map provides a concept for the linkage through the village. o Natural open space areas adjacent to Salt Creek identified on the GDP/SRP Land Use Map shall be preserved outside of individual private lots. Natural open space character along the canyon shall be based upon the concepts developed in the Overall Ranch Design Plan and refined in the Village Design Plan for this village. o Setbacks and landscaping shall be provided along Otay Valley Road-Hunte Parkway in keeping with open space scenic corridor guidelines in the Overall Ranch Design Plan (requirements set forth in Section E, Implementation). o Pedestrian trails shall link the village with Salt Creek and the Otay Valley Regional Park. o The environmental resources contained in Salt Creek Canyon shall be protected through careful buffering, landscaping and grading techniques. Adopted October 28, 1993 Page 174 Amended June 4, 1996 Otay Ranch GDP/SRP ~r Part o The aqueduct and SDG&E easements should be integrated into the design of the village as open space. These easements may be utilized for road crossings, parking and limited landscaping, however, no habitable structures may be placed in the area. Residential and school uses should be buffered from the SDG&E powerlines. -The width of the buffer will conform to school district requirements. Other Village Eleven Policies: o Contour grading shall be required adjacent to Salt Creek. Landform grading guidelines shall be developed as part of the Overall Ranch Design Plan and further refined in the Village Design Plan at the SPA level. o Design guidelines which address the visual quality of development adjacent to Salt Creek shall be defined in the Overall Ranch Design Plan and further refined in the Village Design Plan for Village Eleven. o Although the village is not located along the light rail transit route, a transit stop shall be approximately located at the SPA level and will be conditioned for dedication at the Tentative Map level. Adopted October 28, 1993 Page 175 Amended June 4, 1996 Village 11 t!xhibi162 Village Eleven Land Use Map , ~ ~ .... September 19, 2001 Otay Ranch GDP/SRP ~r part H 12. Eastern Urban Center/Freeway Commercial (Planning Area 12) a. Planning Area 12 Setting The Eastern Urb~n Center (EUC) Planning Area 12 is approximately 439 d20 acres located in the center of the Otay Valley Parcel that contains the Eastem Urban Center (EUC) and the Freeway Commercial (FC) areas. The topography in this area consists of several broad knolls. The EUC is positioned at the center of the Otay Ranch community, where the three major circulation systems converge. These three systems include the open space network, the proposed SR-125 highway and the proposed light rail transit system. Open Space and Habitat: This prominent site will be visible from many of the developed portions of the ranch. The area has been extensively farmed and is therefore devoid of sensitive habitat. Land Use: The area is currently surrounded by vacant farm land and will be surrounded by Otay Ranch villages. SR-125 is proposed to form the western boundary of the EUC Plam~ing Area 12. Visual: The EUC is situated along the higher elevations of SR-125. Therefore, it commands views in all directions of the mountains and the ocean. Relationship to Other Otay Ranch Villages: The EUC Planning Area 12 is located adjacent to SR-125 on its western edge.- EUC Planning Area 12 is -west of Village 11, northwest of Village 10, and north of Village 9. This is the central commercial and office node for the entire ranch and will be physically linked with all other villages. b. Eastern Urban Center Description The EUC is an urban center, serving regional commercial, financial, professional, entertaimnent, and cultural needs. This prime location is designated as the Eastern Urban Center to announce its role as the heart of the eastern territories in South San Diego County. The center will be a viable and intense mixture of uses that will act as a magnetic downtown, drawing residents, visitors and businesses. The center will be composed of buildings of varying orientations. It will contain specialty land uses, as well as shopping and entertainment uses. Landmark architecture will be encouraged to create a pronounced identity. An intemal circulation system will provide for pedestrians, bus and trolley connections. This system will provide efficient access throughout the Eastern Urban Center and to the ultimate trolley line through this region. The Eastern Urban Center contains: o ~,500 2,332 multi-family high density residential units Adopted October 28, 1993 Page 177 Amended June 4, 1996 Otay Ranch GDP/SRP ~ Part II o Build-out population of approximately 6,375 5,947 o Regional shopping complex o Multi-Use Cultural Arts Facility (including civic arts/theaters and museums) o Regional Purpose Facilities o Neighborhood Park o Business Park o Visitor Commercial o Light Rail Transit station o An Elementary School o Community Park o Urban Open Space Corridor o Gemtra! Library and Civic Facilities o Affordable Housing Planning Area Twelve (EUC/FC) Use SF MF Total ResT' Dens Park CPF Sch C'mh Open Art. Total Approx. Units Units Units Ac. Ac* Ac. Ac. Ac. Sp. Ac. Ac. Pop. EUC** 0 2~508 ~ ~O¢, 35.6 ~ 8.9 10.0 128.8 2,332 2,332 65.5 45.0 8.3 5,947 Mall 19.1 19.1 Visitor 0 0 0 0.0 2~.0 20=0 0 Comm. 15.3 15.3 Cultural 0 0 0 0,0 3.8 3.8 0 Off-Low ~ Rise/Bus 0 0 0 0.0 0 61.3 _61.3 Med/Hig 0 19.1 19.1 h Rise ~'UC 0 2~,500 2~0 ¢0,4 35.6 45.0 8.9 10.0 118.7 Subtotal 2,332 2,332 65.5 8.3 5,947 FC 0 ~-06~2 ~ 0 110.2 110.2 OTHER 0 0 0 0.0 29.2 30.7 59.9 .... 6,37~ TOTAL 0 2.500 ~,,~l;t 70~4 45.0 8~9 10.0 2~ 29.2; 30.7 417.6 *Actual park size to be determined by Parks Master Plan at the SPA level. ** Regional Mall, Visitor Commercial, Office-Low Rise Business and Office-Medium/High Rise area all uses permitted within the EUC land use designation. The characteristics and location of these subordinate uses will be defined as part of the EUC SPA plan. It is anticipated that all uses within the EUC could equate to 6,000,000 sq. ft. of total uses. Adoptcd October 28, 1993 Page 178 Amended June 4, 1996 Otay Ranch GDP/SRP z~ Part II c. Eastern Urban Center Policies EUC Character Policies: o The character of the EUC should be guided by the following elements: Location at high point on the Otay Valley Parcel. Synergism with adjacent villages, especially Village 10. 360 degree vie~vs to Point Loma and the mountains. Location along light rail transit. o Locate civic and regional purpose facilities in accordance with the siting criterian in the Facility Implementation Plan. The amount and size will be determined at the SPA level. o The floor area ratio shall permit multi-storied buildings, high- rise buildings and parking structures. The exact ratio will be established at the SPA level. o Locate less intense land uses around the edges of the EUC and utilize landscaped buffers of varying widths to create a transition to surrounding villages. o Integrate commercial and residential uses to support a 24-hour environment. o Create a regional shopping complex focused on major shopping activities. o Provide for an array of services such as financial, medical, and research-oriented facilities in office areas. o Locate theaters and museums in prominent locations, to broaden the appeal of the EUC as a viable regional hub of cultural activity. EUC Urban Design Policies: o Orient buildings to create a continuous facade to pedestrian spaces. Define the pedestrian areas to provide a continuous pedestrian experience. o Emphasize an urban street scene by locating buildings at the sidexvalk edge, except where creating pedestrian oriented spaces such as patios, plazas, malls and squares. Adopted October 28, 1993 Page 179 Amended June 4, 1996 Otay Ranch GDP/SRP ~ Part II o Buildings fronting on streets or pedestrian spaces should contain uses that support pedestrian activities such as dining, retail sites and entertai~vnent, and cultural experiences. o Individual buildings or building clusters should incorporate elements of art which can be viewed and experienced from adjacent public space. o To create vitality and excitement, activitieg should flow out from buildings onto public spaces (i.e. sidewalk cafes, street vendors, sidewalk entertainment). o Buildings should incorporate design features which complement a pedestrian scale, such as horizontal components, overhangs, facade detail, display areas, and pedestrian seating. o Buildings should exhibit an urban character through the use of appropriate materials, textures, and scale. o The scale of prominent buildings should be generally mid-rise, up to 15 stories. o Buildings should display qualities that are characteristic of landmark architecture. o Utilize streetscape amenities, such as enhanced street paving, bollards and street furnishings, to establish identity. o Establish view corridors which focus on and connect key visual landmarks. o Prominantly feature major activities nodes such as transit stations, civic building and urban parks. o Varying, but complementary, land uses should be integrated to provide a mixed-use environment. A strong pedestrian connection should be created between uses. o Encourage a mixture of land uses particularly where structures front a pedestrian plaza or urban park. o A variety of uses, including residential, should be incorporated within a single structure where feasible. o The circulation system should minimize conflict ~vith the pedestrian system. d. Parks and Open Space Policies: Application of the 3 acres per 1,000 residents standard would result in the development of4-517.8 acres of local parks in the-_EUC. The EUC will contain 45 acres of neighborhood parks/town square and a commnnity park (combined). Adopted October 28, 1993 Page 180 Amended June 4, 1996 Otay Ranch GDP/SRP ~ Part H The folloxving policies shall guide the design of parks and open spaces in the Eastern Urban Center: o A neighborhood park may be constructed contiguous to or separate from the community park. o Incorporate a pedestrian open space/trail corridor (average 200 feet wide) across the EUC which connects to Wolf Canyon and Salt Creek. This corridor will create a strong east/west open space system and reflect differing characteristics as it moves through Otay Ranch. This corridor will be further defined by the overall Ranch Design Plan. o The average width of the open space/trail corridor shall be calculated from one edge of the village to the other. o Provide a network of pedestrian spaces, plazas, malls, promenades, and squares to create a pedestrian oriented environment. o Individual building and building clusters should integrate pedestrian plazas with the overall pedestrian system. o Pedestrian plazas should incorporate fountains or artistic features as a visual focus. Other Eastern Urban Center Policies o Transit line fights-of-way and trolley stops/stations shall be approximately located at the SPA level and will be conditioned for dedication at the Tentative Map level within the EUC and Freeway Commercial area. e. Freeway Commercial Policies: o This category includes regional uses which require an automobile orientation near regional transportation systems. Expected uses include thoroughfare commercial, visitor commercial and regionally oriented retail commercial o The freeway-oriented connnercial area shall include uses such as: an auto center, membership commercial, wholesale or discount outlets and other uses which require direct freeway exposure and serve a regional market. o Develop a signage and graphic program at the SPA level. o Reserve a park-and-ride at the transit stop at the northeast intersection of Birch Road and SR-125. Adopted October 28, 1993 Page 181 Amended June 4, 1996 Eastern Urban Center Exhibit 6413 Planmng Alta 12 Easlern Urban (Tenter (EU(3 land Use Map Seplember 19, 2001 Freeway Commercial Exhibi! 64A Planning Area 12 [:r¢cway (?ommcrcial (1(') Land Usc Map September 19. 2001 Proposed OR GDP Road Classifications Road Name From To Classification Alta Road Otay Mesa Road Hunte Parkway 6 Lane Prime* Birch Road La Media Road SR-125 6 Lane Major Birch Road SR-125 EastLake Pkwy 6 Lane Prime EastLake Pkwy. Olympic Parkway Hunte Parkway 6 Lane Major Olympic Pkwy. 1-805 Hunte Parkway 6 Lane Prime La Media/Otay Lakes Rd. Bonita Road Otay Mesa Road 6 Lane Prime Otay Lakes Rd. Hunte Park~vay Dulzura Crossing 6 Lane Prime Main Street 1-805 Rock Mtn. Road 6 Lane Major Main Street Rock Mt. Road SR-125 4 Lane Major Hunte Parkway SR-125 Olympic Parkway 6 Lane Prime Paseo Ranchero Telegraph Canyon Rd. Main Street 6 Lane Prime Paseo Ranchero Main Street Palm Avenue 6 Lane Prime East Palomar St. 1-805 Paseo Ranchero 4 Lane Major Proctor Valley Road SA l 150. l Millar Ranch Road 4 Lane Major Rock Mtn. Road Main Street SR-125 Class I Collector Main Street+ SR-125 Hunte Parkway 4 Lane Major * Alignment may move west - Right-or-way to be protected. +This section of Main Street from SR-125 to Hunte Parkway will be built only if Villages Nine and Ten are developed under the Residential Scenario rather than the University Scenario. JSPlanning\Otayranch\OR 2001 GDP AmendmentLRoad Classification Chart.wpd C. Western Phases Otay Ranch Villages within the Otay Valley Parcel should be phased as follows: Otay Ranch Phasing Plan Otay Valley Parcel~ Village/Plan. Area Units Population First Western Phase Village 1 3,323 Q ~,v ~. v 3,723 11,497 Village 5 2,878 8,160 Phase Total 6,20! !7,776 6,601 19,657 Second Western Phase Village 2 ! ,9'~, . v,v~v~ ~'~n 1,719 5,120 Villa.qe 3 741 ~288 0 0 Village 6 2,232 6,335 Village 11 2,390 6,748 Phase Total 4¢!4 ~A, ,, A~.w 6,341 18,203 Third Western Phase Village 4 532 1,702 Village 7 1,501 4,512 Phase Total 3779 11,151 2,033 6,214 Fourth Western Phase Village 8 1,457 4,379 Village 9 (0 if University) 1,745 4,928 Village 10 (0 if University) ! ,090 3,311 839 2,574 EUC (residential) 2,508 6,375 2,332 5,947 Phase Total 6,792 18,993 6,373 17,827 0 First Western Phase: The First Western Phase includes Village 1 and Village 5. The First Western Phase contains 6,20! 6,601 units, generating a build-out population of 17,776 19,657 persons. The phase is immediately adjacent to areas of existing urbanization on the northwest edge of Otay Ranch's Otay Valley. The development of these villages will result in the logical and efficient extension of facilities, particularly circulation element roads. Second Western Phase: The Second Western Phase includes Village 2~ Village 3, and Village 6, Village 11 and the Freeway Commercial portion of Planning Area 12. These three four villages and portion of Planning Area 12 are adjacent to the two villages contained in the First Western Phase or other developed areas and represent the rational extension of facilities included in the First Otay Ranch phase. The Second Western Phase contains 4,9! 4 6,341units, generating a population of 1 d,d53 18,203 persons. Third Western Phase: Third Phase of the Otay Valley Villages 4 and 7, and ! ! and contains 3,779 2,033 units and a population of approximately 11,151 6,214 persons at build-out. The Third Western Phase logically extends facilities from the prior two phases. It should be noted that the Eastern Urban Center residential development is not included in the third phase; however Eastern Urban Center public facilities, commercial and office development will begin in this phase. Fourth Western Phase: The fourth and final Western Phase includes Village 8, Village 9 and Village 10 and the Eastern Urban Center of Planning Area 12. As previously discussed, some components of the Eastern Urban Center will be provided during the Third Western Phase, particularly major public facilities and some office/commercial uses. The EUC residential component-will be developed within this phase, and associated public facilities will be completed. The Fourth Phase includes approximately 3,590 37789 units, generating a total population of 9,686 10,325 persons if Villages 9 and 10 are developed as a university. If Villages 9 and 10 are developed as residential cormnunities, 6,792 6,373 units would be constructed, generating a total population of ~ ~ o~ t7,827 persons at build-out. The Fourth Phase is likely to have a long build-out period because of the large proportion of multi-family residential units at higher densities. It is anticipated that market demand for these higher densities will not occur until late in the build-out of the project. I ATTACHMENT 4 RESOLUTION NO. PCM 99-14 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO THE CIIULA VISTA GENERAL PLAN RELATED TO THE OTAY RANCH AND AN AMENDMENT TO THE OTAY RANCH GENERAL DEVELOPMENT PLAN WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. _ ("Property"); and, WHEREAS, an application to amend the Otay Ranch General Development Plan for Village 11 was filed with the City of Chula Vista Planning and Building Department on June 6, 1999 by New Millennium Homes and Brookfield Shea Otay has subsequently acquired ownership of New Millennium property thereby becoming the applicant ("Applicant"); and, WHEREAS, an application to amend the Otay Ranch General Development Plan was filed with the City of Chula Vista Planning and Building Department on October 8, 1998 by The McMiltin Companies for Planning Area 12 ("Applicant"); and, WHEREAS, the Director of Planning and Building added additional property in the General Plan/Otay Ranch General Development Plan in Villages Nine and Ten to the Project's scope; and, WHEREAS, the applications request amendment of the General PlardOtay Ranch General Development Plan to realign Hunte Parkway and Eastlake Parkway and eliminate Birch and Patrick Drive and Villages Seven, Nine, Ten and 11 and Planning Area 12 containing the Freeway Commercial and Eastern Urban Center ("Property"), moving Village 11 to the Second Western Phase of the Village Phasing Plan and relocating high school and middle school locations within the Otay Valley Parcel ("Project"); and, WHEREAS, the Otay Ranch General Development Plan was approved by the Chula Vista City Council on October 28, 1993 ("EIR 95-01"); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and has determined that the Project would result in a significant impact to the environment, therefore EIR 01-02 has been prepared; and, WHEREAS, the Director of Plmming and Building set the time and place for a hearing on said General Plan amendment (GPA 01-06) and Otay Ranch GDP amendment (PCM-99-14) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, Resolution No. PCM 99-14 Page No. 2 WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. September 26, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has determined that the approval of an amendment to General Plan (GPA 01-06) is consistent with the policies of the General Plan and Otay Ranch GDP (PCM 99-14) is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan policies, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval in accordance with the findings contained in the attached City Council Resolution N6. And that a copy of this resolution be transmitted to the owners of the property and the City Council. Resolution No. PCM 99-14 Page No. 3 PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 22nd day of August, 2001 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Kevin O'Neill, Chair ATTEST: Diana Vargas, Secretary ATTACHMENT TH,g' TY OF CHULA vI~'TA DJSCLOSUR,.~ ~ YU~ ~r~ r~ir~fl ~0 ~1¢ ~ SL~mmcnl o~ Di~clc~sur~ o[ ~crtain a~nc~ip or financial Lancings, p~mcn~, or ~mtrihutk~, u~ ~11 ma~turS w~ic~ will r~ulrc d~cr~honu~ ~iun en ~hc ~rt ur Ibc C~7 Coun~l, Plu~nln~ ~mmi all oth~r of~iat ~1~. ~e totk~mg mh,rmatiaa mus~ be ~l~losed: 1. L~ the nam~ or all p~u~ having a financial [nmr~t in the property which ~ the subject of the applier ....... ~nlmct, e.g., owner, aperient, ~ntrac~ur. sub~ntmctur, mamrlaI supplier. Brookfield Olay bbC, a Delaware ~ea Olay Village 11 LLC, ..a limited .liability company Califo~ia Xi,i~ea liability compa~ If an.,., per~on' identified parsuanl tn f [ ) above ts a corpuruHon or partnership, list thc name~ u[ all indixdduals ownini more than l(}gr of thc shUre~ m thc'q~nporaH0n ur ,,~t~ing any parmemhip lntcre.at la the partnership. N/^ any perso~~ identified par;ua,at to (D abm, e ts non-profit organization er a tr~t, list the nam~ of any pecan s~ng ~ dir~tor of the non-profit orgaai~tion or ~ trust~ ar beacnOa~ or ;rumor o~ the trot. .... ; ~/a ,. 4. Have you had more thaa ~;250 ~.,urlh of bus[ness tmasacted ~.,ilh any mcmber of the Cily staff. Bear~, Camm~loas, ~mmitte~, and ~un~ql within the p~t ~elyu montH? Y~ No~ If y~, pi~e tndi~tc paten(s): . you have ~igned to cepr~e~l you he~re thqCity In thB melter, John No~, Steve Doyle ... Geocon~. D~d~k. ~ Associates ~illi~ Hezmalhalah Architects Inc. L~d Concern, ~i~(on. ~.qgigeering H~saker $ Associates Tezri Barker Have you and/or your uffi~m ar agents, in the aggre~tc. ~ntrlbuted ~ore than ~1,~ to a ~uncllm~m~r in ~h~ Attach additional pages as n~)"" · E'.OD .,~zg'~-LD~-e-~, Vice President THE CIT~../F CHULA VISTA DISCLOSUKE STA',.~dENT You are required to file a Statcmcnt of Disclosure of certain ownership or financial inlcrests, payment, or campaign contributions, on all matters which will rcquirc discrctionary action on thc part of thc City Council, Planning Commission, and all other official bodies. The following information must be disclosed: I. List the names of all persons having a financial interest in the property which is thc subject o1' the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. 2. If any person" identified pursuant tn (1) above is a corporation or partnership, list the names of all individuals owning more than 109/. of the shares in the corporation or owning any partnership, interest in the partnership. 3. If any person' identified pursuant to (1) above is non-profit organization or a trusl, Iisi thc names of any person serving as director of Ihe non-profit organization or as trustee or beneficiary or trustor o1' thc trust. 4. Have you had more than S250 worth of business transacted with any r~ember 0f thc City staff, Boards, Commissions, Committee.s, and Council within the past twelve months? Yes No X~ If yes, please indicate person(s): __ 5. Please identify each hnd.cvery person, including any agents, employees, consultants, or independent contractors who you have assigned to represcnl you before the Cily in this matter. 6. Have you and/of y?ur officers or agents, in the aggregale, conlribuled more than ~1,000 to a Councilmem~ in the current or preceding election period? Yes No ')( If yes, state which Councilmember(s): * * * ('NOTE: Attach additional pages - f × i, o, ont,act, o,app,icant Print or type' name of contractor/appLicant '~ ~ELAGE 2 VIlJ..AGE 7 EUC Proposed Circulation Legend Toll/Freeway /'"~ ~ GDP 2000 N 6 Lane Prime ~ Villages N 6 Lane Major ~ Otay Valley Parcel within the City of Chula Vista N 4 Lane Major .° %° Deleted Roadway Section ~V Class I Collector ~ Dashed line denotes Pmpesed Section ~ Class II Collector ~ Dashed/dot line denotes Reda&sifted Section N Class III Collector Residential Slmet NOTE: Road Classiflcati~s on this map are only valid for streets within the Otay Valley Parcel of the Otay Ranch, SOURCE: City of Chula Vista GIS (May 2001) Revisions to GP/GDP Circulation Element ! 2250' 4~500~ O~y P~nch GDP Amendmen~ and ¥111a~e 1! SPA/TM E[R Addendum CITYOFC HULA VISTA: OTAY RANCH GENERALDEVELOPMENT PLANAMENDMENTS FISCAL IMPACT ANALYSIS FINAL REPORT OCTOBER '17,2001 CorporateOffice RegionalOffice 28765SingleOakDrive,Suite200 9275SkyParkCourt, Suite110 Temecula,California92590 SanDiego. California92123 Tel: ($00)755-MUNI(6864) Te1:(858)467-6955 Fax: (909)699-3460 www.muni.com Fax:(858)467-1346 TABLEOF CONTENTS OtayRanchGeneralDevelopmentPl anAmendmentsFiscallmpactAnalysis ............................... 1 Introduction ............................................................................................................................................ 2 McthodologyandAs sumptions ........................................................................................................... 2 LandUseAssumptions ..................................................................................................................... 3 PcrUnitModel .................................................................................................................................. 4 PropertyValuadonModd ................................................................................................................ 5 RetailSalesModel .............................................................................................................................. 6 TransientOccupancyTax(TOT)Mod¢l ....................................................................................... 7 FiscalImpacLModelResults ................................................................................................................ 7 OTAY RANCH GENERAL DEVELOPMENT PLAN AMENDMENTS FISCAL IMPACT ANALYSIS Thisrepor tsummarizesresultso f afl scalimpact analysisconductedby MuniFinancialonbehalf o f theCityo f ChulaVista.Thepurposeo f this s tudywastoquand fythefiscalimpa ctso fproposedamendmentstorhe OtayRanchGeneralDe velopmentPlan. Theseamendmentsproposetoacceler atetheVillage 11Residcntialand thePlanningArea 12FreewayCommercialdevelopments fromPhase3to Phas e2.TheOtayRanchGeneralDevelopmentPlanrequires that amendmentsnotresultinadversefiscalimpactscomparedtotheresults o f apriorfiscalimpactanalysiscond uctedin1993.Th eearlderanalysis assumcdthatthesetwodevelopments wouldoccurinPhase3. Tablel summarizestheresultso f ouranalysis. Theproposed amendmentsresultinposifivefiscalimpactsrelativetothe1993fiscal analysisresults, tTherefore,theproposedphasingamendmcntsare consis tentwith theCity's fiscalpol icies o f theVillagePhasingPlan. Table1 :OtayRanchNetFiscallmpactResults 2000 2005 2010 20t 5 2020 CurrentGeneraIDevelopmentPlan NetRevenues ~ $(113,325) $ (171,024) $945,103 2,t~37,826 $,723,252 ProposedAmendments NetRevenues 164,531 2,896,620 4,925,251 5,155,950 4,569,619 NetFiscallmpacts 277,856 [067,644 $,980,148 ~,918,124 $ 846,367 ~Per OtayRanchService/RevenuePlan ,October28,1993. Source:CityofChulaVista;MuniFinancial. The followingsections p rovideagene raldes criptiono f fiscalimpact analysis,asummaryof themethod ologyandassumptionsusedto conduct thisanalysis,anddetail edfiscalimpactr esults. ~TheresultsarealsopositiYerelafivetotheresultsof asubsequent fiscalimpact analysisconductedin 1996. Fiscalimpactanalysis isacommonlyusedmethodtoestimatealocal government's abilitytoaffordservices. Theanalysisisbasedoncur rent revenuesandcostsandusesthisdata tomakeprojecdonsof future revenuesandexpenses. The OtayRanchGeneralD evelopmentPlanrequiresthatvillagephasing "preserveandenhancethe fiscalviabilit yo f existingandplannedvillages' amongotherrequirements. 2Theproposedamendmentsaccelerate residenfialandcommercialdevelopmentphasing. This smd3-~vas under takentodeterminewhethersuc ham endmentswouldimpactO ray Ranch'sfiscalhealth. MuniFinancial,whichhasevaluatedthe fiscalimpactso f new developmenronavarietyo f CityandCountys ervices throughout California,wasretainedby theCitytoper fo r mthisanalysis. Tl:tis fiscal impactanalysisisbase duponafiscalmodelte mplateconstructedby MuniFinancialandcustomized foCi tyo f ChulaVistaconditions. Theperunitmodelcomponentisbaseduponthemethodologyusedin theFiscallmpactofNe wDevelopment(FIND)mo delthatxvasthebasis fortheoriginal OtayRanchService/RevenuePlan adoptedbytheCity andCountyin1993.AsrequiredbytheOtayRanchAnnexafion Agreementreachedin1996,theCiry andCountyrecentlyagreedto updatethelanduseandbudgetactual sol theperunitcomponento f the FINDmodeltoreflectFY1999 00cond itions. This fiscalanalysis incorporatesthisupdateddata aswellasutilize savarietyof professionallyacceptedmethodstopr ojectpropcr tytax,salestax,and transicntoccupancytaxrevenues,si milar totheoriginalprojection methods. Therefore,thisanalysis adherestotheGe neralDevelopment Plan'spolicythatsubs equentfiscalanal ysesbeconsistentwiththeoriginal Service/R evenuePlan. The followingsectionsummarizes themethodologyandassumptions usedtoconductthisanalysis. Thefiscalimpactmodelusesavari etyofproiecfionmethodsdepend/ng onthepar ticularrevenueorcos tline item.Allproiectionmethodsare dedtoanabsorpdonschedule fornewdevelopmentinOtayRanchto estimateannualrevenuesandcos 6 mpactsontheCity'sGeneralFund 20tayRanchGeneralDevelopmentPlanOtaySubragionalPlan,Vol,2,0ctober28,1993,p.349. MUNIFINANCIAL FINAL REPORT 2 throughtheplanning horizon. A/lrevenuean dcostestimatesarein constant(2000) dollars. LandUseA ssumptions Table2 summarizesprojectionsbyland usethroughbuild~out. TheCity providedannualabsorptionestimates. Thes eestimatesareconsistent withtheproposedGeneralDevelopmentPIanamendments. Table2:OtaylRanchAbsorption(CumulativethroughBuildout) LandUseType 2000 2005 2010 2015 2020 Buildout Re$idential(dwellinqunits) Multi-family 2201,551 4,431 6,032 6,964 6,964 Single-family 781 4,199 8,635 9,806 10,027 10,027 Total 1,001 5,750 13,066 15,838 16,991 16,991 Commercialandlndustrial(acresl NeighborhoodCom mercial - 8 47 63 63 63 Of~ceCommercial 20 67 80 RegionalCommercial - 60 110 129 129 129 VisitorCom mercial 15 15 Industrial Total 68 157 212 274 287 Source:CityofChulaVista;MuniFinancial. Table3 summarizesotherlanduseassumpdonsusedintheanalysis. Residentialandnonresidentialmarketvaluesarebasedoncurrentmarket conditions. Thetur noverandvacancy/occupancyratesreflectcommon assumptionsusedinfisc alimpactanalysis. Table3:LandUseAssumpfions Holding Valueper Period LandUseType Unit (Years) Vacancy Occupancy Residential(dwellinqunits) Multi-family $ 163,500 7 5% 95% Single-family $ 279,000 7 5% 95% Commercialandlndustrial(acres) NeighborhoodCommercial $2,t34,440 15 10% 90% OfficeCommercia[ $3,811,500 15 10% 90% RegionalCommercial $2,613,600 15 10% 90% VisitorCommercial $3,920,400 15 10% 90% Industrial $1,829,520 15 10% 90% Source:CityofChulaVista;MuniFinancial. PerUnitModel Aperunitmodelingmethodisused formosto fthemodel'srevenueand cost factors. ThesefactorsrepresentcitDvideaveragesthatarenot expectedtovarysubstant iallyforOtayRanch. Factors forresidential proper tiesarerepor tedasdwelling units. Factors fornonresidendal properdesarerepor tedasacres. Bothrevenueandcost factorsare calculatedconsistentwiththemethodologyusedinthe OtayRanch Service/RevenuePlan andwererecentlyupdate dpertheOtayRanch AnnexadonAgreement. Inputstothemodelare basedonthelatestac tualbudget(FY1999-00) revenuesandcostsandcomparab lecity'widedwellingunitsand nonresidendalacres. Ingeneral,re venues andcostsweredistributedto thoselandusesthatgene ratethcpardcularrevenueorcost. Factorswere calculatedbydividingeachdis tri butedrevenueorexpenditurebythe appropriatenumbero f citywidedwellingunitsoracres. Themodel multiplies theseperunitrevcnueand expenditurefactors bytheprojected numbero fresidentialdw ellingunitandnonresidentialacresinOtay Ranchtocalculatetotalrevenuesand costsassociatedwiththeproposed GeneralDevelopmentPlanAmcndments over theplanninghorizon. ResidendaldwellJngunitdata for th eperunitmodelwasdrawn fromthe CaliforniaD epar tmento f Financeand currenmonresidentialacreagedata wasdrawn fromtheSanDiegoAssociat iono fGovernments. Bothdata setsareaso fapproximatelyJanuary 1,2000tobeconsistentwiththe budgetactuals. Table4 summarizestheperunitassumptionsusedinthe model. MUNIFINANCIAL FINAL REPORT 4 Table4:PerUnitModelFactors Current FY99-O0 FY99-O0 . . Citywide Revenue CostPer LandUseType Total PerUnit Unit Residential(dwellinqunit$~ Multi-family~ 21,051 $433.78 $875.96 Single-family~ 38,282 $680.00 $801.91 Commercialandlndustrial(acres) Commercial2 88~.~ Z81 $~0,313.84 Industrial2 882',E t.37 $4,183.89 ~DwellingunitsperCaliforniaDepartmentofFinance(DOF)asofJanuary1,2000. Single-familyincludesmobilehomes. 2AcreageperSanDiegoAssociationofGovernments(SAN DAG)asofApril2000. Source:DOF;SANDAG;MuniFinancial. Proper ty, sales,andtransientoccupa ncytaxrevenuesaremodeledusinga casestudyapproachseparate from theperunitapproachexplained previously. The followings ectio nsexplaintheassumptionsand methodologyused fortheseaspect so fthefiscalimpactmodel. PropertyValuationModel Proper tyandproper tytrans ferta xrevenuearebasedonaproper ty valuationmodelthatestimatesassessed value fo r theOtayRancEparcels. Themodelincorporatestheconstraintsof Propositionl 3onassessed value,shifts totheEducationRevenueAugmentat/onFund (EKAF),and theCity'sspecificpropertytaxshare for OtayRanchnegot/atedwiththe County. 3 Aminoradjustmentwasmadeto thebaseyear(2000)estimates tocontrolthemtoactu alrevenuebasedontheAs sessor'staxrollforFY 999-2000. Table5 providestheproper tytaxrateassumptionsusedinthisanalysis. Theproper tyvalueassumptionsusedaresummarizedpreviouslyinTable 3. ~Th eStateo fCaliforniamandatedtheERAFin responseto therecessiono ftheeafly1990stoshiftproper tyrax rev enues fr omcoun tie s,citics, redevelopmentagencics,andspecialdistrict stoschooldistricts. MuNIFINANCIAL FINAL REPORT 5 Table5: PropertyTaxRateAssumptions Gross Shareof NetShare 1%Tax ERAF ofl%Tax Rate Deduction Rate Ci~ofChulaVista 12.39% 13.38% 10.73% Source:CountyofSanDiego;MuniFinancial. RetailSalesModel Salestaxrevenueisesfimatedbymult iplyingcitywideperunitsalestax factorsbythedevelopmentassumpfions inOtayRanch. Thesales tax factorsarecalculatedbyallocafing salestaxrevenuetolandusetypes basedonthesourceoflocalspen dinginretailstores ando ther establishments. Salesta xassociatedwithspendi ngbylocalhouseholds wasallocatedtoall residenfiallanduses,andsp endingbylocalbusincsses wasallocatedtoallnon-res identiallanduses. Theremainingsales taxwas allocatedtotheregionalcommercial landusetypeonlyandrepresents capturebyChulaVistao f spending byresidentsandbusinesseslocated outsidetheCity. Theresultingsales taxrevenueallocations ar edividcdby theamounto f exis tingdevelopmenttodetermineperdwellingunitand peracresalestaxfactors tobeappliedtoOtayRanchdevelopment. Salestaxdataisdraxvn fromthecons ultingfir mresponsibleforauditing theStateBoardo fEqualization's reportedCitysalestaxdata. Table6 presentsthesalestaxassumptionsusedinthemodel, Table6:SalesTaxAssumptions FY99-00 RetailSales SalesTax Tax Units1 perUnit Residential $7,609,02559,333 $128.24 Commercial&Industrial $1,895,555 1,776 $1,067.32 RegionaICommercial $5,834,474 133 $43,753.09 TotaISalesTax $15,339,054 1 Residentialunitsarerepodedasdwellingunitsandnonresidential unitsarerepor[edasacres. Source:MuniSolutions;MuniFinancial. MUNIFINANCIAL FINAL REPORT 6 TransientOccupanc yTax(TOT)Model Thetransientoccupancytax (TOT) isataxplacedonhotelandmotel receipt s.Thereis onehotelcurrentlyoperatinginOtayRanch.TheTOT modelus esas sumptionsregardingnumberof rooms,averageroomrate, averagevacancyrate,andtheTOTrateto es timateTOTr evenue. These assumpdonsareshownin Table7. Table7:TransientOccupancyTax(TOT) Assumptions Average Average Number Room Occupancy TOTTax Hotel of Rooms Rate~ Rate Rate ExistingHotel 125 $95.67 70% 8.00% ~ AverageroomrateasofSeptember2001.Roomratesvary seasonally. Source:CityofChulaVista;MuniFinanciah Table8 summarizestheresultso f thefiscalimpactmodelbasedupon theproposedamendments. TableS:OtayRanchGeneralPlanAmendmentsFiscallmpactSummary 2000 2005 20'10 20'15 2020 Revenues $983,534 $8,995,670 $8,910,239 ~2,607,773 $~4,274,517 Costs 819,003 6,099,050 13,984,988 17,451,823 19,704,898 NetRevenues $164,531 $2,896,620 $4,925,251 $,155,950 $,569,619 %ofTotalRevenues 17% 32% 26% 23% 19% Source:MuniFinancial. MUNIFINANCIAL FINAL REPORT 7 RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE CITY OF CHULA VISTA GENERAL PLAN AND THE 2001 AMENDMENTS TO THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND ASSOCIATED REGULATORY DOCUMENTS FOR APPROXIMATELY 1,540 ACRES LOCATED SOUTH OF OYLYPIC PARKWAY, EAST OF FUTURE SR-125 AND WEST OF THE SALT CREEK OPEN SPACE CORRIDOR WHEREAS, the areas of land which are the subject of this Resolution are diagrammatically represented in Exhibit A and hereto incorporated herein by this Resolution, and commonly known as Villages Seven, Nine, Ten, Eleven and Planning Area Twelve of the Otay Ranch ("Project Site"); and, WHEREAS, on January 13, 2000, New Millennium (now Brookfield Shea Otay LLC) (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 and the Otay Ranch General Development Plan ("Project"); and, WHEREAS, the amendments to the General Plan consist of realignment and deletion of certain arterial roads and adjustments to village boundaries and reorganization of land use designations within the Otay Ranch; and, WHEREAS, the amendments to the Otay Ranch General Development Plan consist of: 1) realignment of certain arterial roads; 2) re-atTangement of land uses and village boundaries 4) amendments to the Village Phasing Plan and 5) re-arrange the high school and middle school sites; aud, WHEREAS, prior discretionary action of the development of the Project has been the subject matter of a prior General Plan amendment resulting in the current land use designations on the Chula Vista General Plan; and, WHEREAS, the Planning Commission held an advertised public heating on the Project on September 26, 2001 and October 17, 2001, and recommended that the City Council amend the City General Plan and Otay Ranch 2001 General Development Plan amendments; and, WHEREAS, the proceedings and all evidence introduce before the Planning Co~nmission at the public hearing on this project held on September 26, 2001 and October 17, 2001, and the minutes and resolution resulting there from, are hereby incorporated into the record of this proceedings; and, WHEREAS, the City Clerk set the time and place for the heating on the Project 1 applications and notices of said heatings, 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 heating. WHEREAS, a duly called and noticed public heating was held before the City Council on October 23, 2001 on this Project. NOW, THEREFORE BE IT RESOLVED, that the City Council hereby find, determine and resolve as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public heating held on September 26, 2001, and October 17, 2001and 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, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. 1I. EIR-01-01 REVIEWED AND CONSIDERED FINDINGS; APPROVALS The City Council of the City of Chula Vista reviewed, analyzed, considered, approved and certified Final Second Tier EIR 01-01 with its attendant Addendum, made certain Findings of Fact, adopted a Statement of Overhding Considerations and a Mitigation Monitoring and Reporting Program for the Project, pursuant to CEQA, by Resolution No. IlL APPROVAL OF GENERAL PLAN AMENDMENT Thc City Council approves amendments to the Chula Vista General Plan Land Use Diagram and Circulation Element to rearrange the adopted land use districts and Otay Ranch village boundaries, and establishing new land use designations at various locations and to change certain roadway classifications in the form on file at the City Clerk's office. IV. GENERAL PLAN INTERNAL CONSISTENCY The City Council hereby finds and determines that the General Plan is internally consistent and shall remain internally 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. Otay Ranch 2001 GDP Amendments 2 The amendments to the Otay Ranch General Development Plan are also the proposed changes to the General Plan and are in substantial conformance with the General Plan policies, as amended. 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 Village 11 Sectional Planning Area Plan. 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 Otay Ranch 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 Otay Ranch 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 PLANN1NG AREA PLANS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE. Otay Ranch A new Sectional Planning Area (SPA) plan is included in the proposed project for the Otay Ranch residential neighborhoods. C. 1N THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH 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. Otay Ranch 2001 Amendments The General Development Plan amendment proposes a residential community, with residential densities ranging from Overall, the residential densities reflected on the amended GDP are compatible with the pattern and character of development approved within the original GDP with the 3 exception that the land use designations, which are being deleted. The overall average density is similar to the adopted GDP. The proposed densities and 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. VI. ADOPTION OF AMENDED GENERAL DEVELOPMENT PLAN In light of the findings above, the amended Otay Ranch General Development Plans are hereby approved and adopted in the form on file in the City Clerk's Office. Presented by: Approved as to form by: Robert A: Leiter John Kaheny Director of Planning City Attorney H:\plmmingk2001_GPA CC Reso.doc H:\Attomey\PCM-01-26 ccres. ELIGDP~SPA rev3 4 CITY COUNCIL AGENDA STATEMENT Item: ~' ~ q Meeting Date: 10/23/01 ITEM TITLE: Public Hearing: PCM 99-15; Consideration o£ a Sectional Planning Area (SPA) Plan and supporting regulatory documents including Planned Community District Regulations, Village Design Plan, Public Facilities Finance Plan and Affordable Housing Program involving 489 acres of land known as "Otay Ranch, Village Eleven" located at the eastern edge of the Otay Valley Parcel, between the future extension alignment of Hunte Parkway, Olympic Parkway and EastLake Parkway. Applicant: Brookfield Shea Otay, LLC Resolution No. ; Resolution of the City Council of the City of Chula Vista approving a Sectional Planning Area (SPA), and supporting regulatory documents including, Village Design Plan, Public Facilities Finance Plan, and Affordable Housing Program involving 489 acres of land known as Otay Ranch, Village Eleven. Ordinance No. .; An Ordinance of the City Council of the City of Chula Vista approving the Sectional Planning Area (SPA) Planned Community District Regulations for Otay Ranch, Village Eleven. Director of Planning and Building'"'~"/~;~ SUBMITTED BY: ~/ ~/ (a~'_f~' (4/5ths Vote: Yes No X) REXqEWED BY: City Manager ,~,, 0 Brookfield Shea Otay, LLC, has submitted an application and requests approval cfa new Sectional Planning Area (SPA) Plan and associated regulatory documents for Village Eleven in Otay Ranch. Village Eleven is located at the eastern edge of the Otay Valley Parcel, south of the future extension of Olympic Parkway, west of the future extension of Hunte Parkway and the Salt Creek open space corridor, east of the future extension of EastLake Parkway and northwest of the future University site (Villages Nine and Ten). The City's Enviromnental Review Coordinator has reviewed the Project and determined that the Project would result in a significant impact to the environment; therefore, a Second-Tier Environmental Impact Report (EIR 01-02) has been prepared. Certification of the Second-Tier Environmental Impact Report for this project (EIR 01-02) will be considered by the City Council. An addendum has been prepared that analyzes the additional changes to the perimeter Circulation Plan that were made after the GDP and Village 11 SPA EIR documents were printed. Page 2, Item:__ Meeting Date: 10/23/01 RECOMMENDATION: That the City Council adopt: · A Resolution approving the Village Eleven Sectional Planning Area (SPA) Plan and supporting regulatory documents including the Village Design Plan, Public Facilities Financing Plan, Affordable Housing Program, Air Quality Improvement Plan, Water Conservation Plan, Non-Renewable Energy Conservation Plan and Park, Recreation, Open Space and Trails Plan, · An Ordinance to approve Planned Community District Regulations in accordance with the findings and subject to the conditions contained therein. BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission held a public hearing on September 26, 2001 and October 17, 2001 to consider the Project. The Planning Commission's recommendations will be reported at the City Council meeting. The Resource Conservation Commission met on September 17, 2001 to consider the Final Second Tier Environmental Impact Report EIR 10-02 and voted 4-2 to recommend certification of the document. Those who voiced their concerns voted in opposition to the project based on regional fi-eeway impacts and not on the specifics of the GDP amendments and SPA Plan. The Planning Commission held a Public Heating on September 26, 2001 and voted 7-0 to continue the item to October 3, 2001. As a result of a protest letter from the Otay Land Company, the item was continued to the Planning Commission meeting of October 10, 2001. The results of the October 10~ Planning Commission will be reported at the City Council meeting. In addition, a commtmity forum was held on September 6, 2001 at the Arroyo Vista Elementary School in EastLake Trails. The meeting included presentations made by City staff and Brookfield Shea Otay on the proposed project including the proposed Otay Ranch GDP amendments as well as the proposed Village Eleven SPA Plan. After the presentation, the attendees raised questions about the current status of the future SR-125, about the constant construction activities along Telegraph Canyon Road/Otay Lakes Road and the status of the University site. There were no negative comments or concerns expressed regarding the proposed General Development Plan amendments or Village Eleven SPA Plan. Page 3, Item: Meeting Date: 10/23/01 DISCUSSION: In October 1993, the City Council and County Board of Supervisors jointly approved the Otay Ranch General Development Plan/Subregional Plan for the 23,000-acre Otay Ranch. The GDP authorized 745 single-family homes and t,001 multi-family units for a total of 1,746 dwelling units in Village Eleven. The General Development Plan laid out the circulation system and defined the village boundaries for the Otay Valley Parcel including Village Eleven, centered around the "Village Concept". The GDP describes the Village Concept as mixed-use centers with opportunities for employment and shopping among other uses within the "Village Core" area and provides a framework of design elements for each use. Village Eleven was designed with the Village Concept as described in the GDP. In 1998, New Millermium became the owners of approximately 1,204 acres in the Otay Valley Parcel in Village Ten, Village Eleven and Salt Creek, formerly owned by the Baldwin Company, and initiated plans to develop their ownership. Last year, New Millennium sold their ownership in the Otay Ranch to Brookfield Shea Otay (BSO), a partnership between Brookfield Homes and Shea Homes. BSO has continued to process the GDP amendments and Sectional Planning Area Plan for Village Eleven. The proposed Village Eleven Sectional Planning Area (SPA) Plan and supporting documents reflect amendments to the Otay Ranch General Development Plan including the circulation system, increase in land area in the Project, and an increase in dwelling units in the village. These amendments (as described in GPA-01-06 and PCM-99-15) have been instrumental in configuring the boundaries and associated land uses and densities of the proposed SPA Plan for Village Eleven. A full description of the proposed Village Eleven is as follows. a. Existing Site Characteristics Village Eleven, located at the northeastern section of the Otay Valley Parcel of the Otay Ranch, consists of 489 acres of gently rolling hills, which lead down to Salt Creek through a series of slopes and arroyos. The San Diego Aqueduct and the San Diego Gas and Electric easement, (a prominent 240-feet wide corridor of the Village Eleven project area), crosses the middle of the project site from the northwest to the southeast. The planned community of EastLake Greens and the EastLake Land Swap area are located directly to the north of the Project adjacent to Olympic Parkway. The Eastern Urban Center and Freeway Conunercial sites (Planning Area 12), are located on the western boundary of the Project, separated from Village Eleven by the southern extension of EastLake Parkway. To the south and east of the Project are the portions of the Otay Ranch Preserve area of Salt Creek and the future location of the University site (Village Ten). Page 4, Item: __ Meeting Date: 10/23/01 b. General Plan, Zoning and Land Use The City's General Plan and Otay Ranch GDP designated the land within the Otay Valley Parcel for urban villages that are transit-oriented and pedestrian friendly. Otay Ranch villages are intended to contain higher residential densities and a variety of mixed-uses in the "Village Cores", surrounded by single-family homes in the secondary residential areas outside of the village cores. The General Plan designates residential land uses in Village Eleven as Low- Medium Village (LMV) at 3-6 dwelling units per acre, and Medium at 6-11 dwelling units per acre. In addition, there is a Village Core (VC) land use, as well as land uses for parks and recreation, an elementary school, and a middle school all consistent with the land use designations for the Otay Ranch GDP. The GDP, which authorizes 2,390 dwelling units for Village Eleven, further details the General Plan land uses and densities and separates them into various categories as outlined in the following table: VILLAGE ELEVEN GENERAL PLAN AND GENERAL DEVELOPMENT PLAN LAND USES Chula Vista General Plan Land Otay Ranch GDP No. of Units Existing Land Municipal Use Designation Land Use Use Code/Zoning Designation PC Low-Medium Low-Medium 810 Units Vacant Village (3-6 Village (4.9 Units/Acre Units/Acre PC Medium (6-11 Medium (6.9 525 Units Vacant Units/Acre) Units/Acre) PC i Village Core Medium-High 583 Units Vacant 13.7 Units/Acre Mixed Use 21.2 472Units Units/Acre PC Parks and Recreation Parks and N/A Vacant Recreation PC Elementary School Elementary N/A Vacant School PC Middle School Middle School N/A Vacant (Junior High School) (Junior High School) Page 5, Item: Meeting Date: 10/23/01 The Otay Ranch is zoned Planned Community (PC) as are the other master planned communities such as Sunbow and EastLake. Land development regulations are contained in the Planned Community District Regulations within each master planned community SPA Plan along with a zoning boundary map, which designates a zone for each neighborhood. The Village Eleven SPA Plan Zoning Districts Map (Exhibit 11.3.2.-1 in the SPA Binder) identifies the individual zoning districts for the Village Eleven project. c. Proposed Plan The Sectional Planning Area (SPA) Plan for Village Eleven defines, in more detailed terms, the development parameters for the village, including the land use mix, design criteria and guidelines, cimulation pattern, open space and recreation concept and infrastructure requirements. The plans for Village Eleven are contained in a series of documents, including: 1) SPA Plan; 2) Planned Community District Regulations; 3) Village Design Plan; 4) Public Facilities Finance Plan; 5) Affordable Housing Plan 6) Air Quality Improvement Plan; 7) Water Conservation Plan; 8) Non-Renewable Energy Conservation Plan, and 9) Parks, Recreation, Open Space and Trails Plan (see Attachment #5, Otay Ranch Village Eleven SPA binder). A brief sunLmary of each of these plans follows: 1. SPA Plan The GDP policies for Village Eleven identify the village as an Urban Village adjacent to existing urban development and planned for transit-oriented development with higher densities and mixed uses in the village core. The multi-family residential uses are to be located in the core area in order to provide housing opportunities adjacent to the EUC and Freeway Commercial areas. The village core is planned to provide a transition to the Freeway Commercial area and will utilize the "Village Greenway" open space corridor as an identifying feature. Village Eleven is one of the more constrained villages in the Otay Ranch. The constraints include the following: · The location of utilities in the 240-foot wide utility easement, which bisects the property. The easement contains the San Diego Aqueduct and the San Diego Gas and Electric power lines and natural gas line. Access across the easement is very limited. · Topographic changes in elevation across the site fi.om the intersection of EastLake Parkway and Olympic Parkway to Salt Creek (125-foot change) Page 6, Item:__ Meeting Date: 10/23/01 While not necessarily a constraint, the design factors of the village include the approved alignment of Olympic Parkway and the realignment of Hunte Parkway and EastLake Parkway, which set new boundaries for the village. The location of the utility easement(s), which occupies almost 19 acres and runs through the middle of Village Eleven from north to south, has "split" the village land use plan into essentially two parts: The eastern portion of the village will contain most of the single-family residential uses, as well as a 3.8-acre private (HOA) recreation facility. The western portion of the village will contain the balance of the single-family residences, all of the multi-family developments, several community uses such as parks and schools, as well as the village core containing the mixed-use site. The nearby location of the Eastern Urban Center and Freeway Commercial sites in Planning Area 12 has, in part, directed the location of the mixed-use area in Village Eleven - the heart of the Village Core, to the western side of the village off Birch Road, a Village Entry Street. The core area in Village Eleven is based on the "Town Square" concept. A one-acre private Town Square, which is owned and maintained by the Master Homeowners Association but will be publicly used, is intended to serve as a focal point and gathering place for the village core. On the east side of the Town Square is a 5.5-acre Community Purpose Facility (CPF) site as well as a 10-acre elementary school and a 7-acre public neighborhood park. The mixed-use site in the village core, a 10-acre commercial, office and multi-family residential development is located directly to the west of the Town Square and proposes to contain a grocery store, pharmacy and other retail and commercial office uses. In addition, the mixed-use site proposes 115 multi- family residential units to be integrated into the mixed-use development. Several multi-family developments, a 3-acre private (HOA) recreation facility and a 25-acre middle school site surround the balance of the village core SPA Plan Analysis The land use plan for Village Eleven is consistent with the GDP goals and objectives for the Village Concept. Densities in the village core are higher, and all of the cormmunity services are located within a one-quarter mile radius of the Village Eleven Core. 2,304 dwelling units of the 2,390 authorized in the Otay Ranch GDP are utilized under the Village Eleven SPA Plan. The Village Eleven Planned Community (PC) District Regulations fimction as zoning regulations for the village. The PC District Regulations provide standards and regulations to guide the development of the Project. These regulations are applied in conjunction with the Village Eleven Design Plan. Page 7, Item: Meeting Date: 10/23/01 a. Residential Land Uses Sixteen single-family residential neighborhoods are proposed to contain 996 single-family residences ranging from 3 to 7.5 units per acre on lot sizes averaging from 3,400 square-feet to 6,000 square-feet. The Applicant proposes to include several pedestrian-oriented features to serve the single-family neighborhoods including "Paseos", which are themed pedestrian walking trails and paths leading to other community and regional trails. Village Eleven incorporates two major paseos into the land use plan. One paseo is located on the eastern portion of the village connecting several single-family neighborhoods with the 3.8-acre private (HOA) recreation facility, most likely to be developed as a community clubhouse with a swimming pool and open space. An additional paseo is located on the west portion of the village. This trail will connect several residential developments with the village core. Other pedestrian-oriented features incorporated into single-family neighborhoods include open-ended cul-de-sacs, which provide pedestrian connections to the paseo, extra-wide parkways on residential streets and street trees to enhance the pedestrian streetscape in each neighborhood. Ten multi-family developments, (including the mixed-use site) provide an additional 1,308 dwelling un/ts, which range from 8 to 25 units per acre. These multi-family developments will incorporate a variety of housing types including alley-product homes, townhouses, condominiums and apartments. Each of the multi-family developments will provide street frontage to enhance the pedestrian experience and provide human scale. In higher density multi- family neighborhoods, individual pedestrian connections to some of the units will be provided as well. The following table illustrates a summary of the residential land uses in Village Eleven: NEIGHBORHOOD LAND USE ACREAGE TARGET DWELLING AREA DU'S/AC UNITS R-1 SF 26.7 6.1 164 R-2 SF 14.2 3.2 46 R-3 SF 15.3 3.0 46 R-4 SF 12.4 4.4 55 R-5 SF 7.5 5.0 37 R-6 SF 7.5 4.7 35 R-7 SF 11.4 6.1 70 R-8 SF 11.2 5.7 64 R-9 SF 11.6 5.2 60 R-10 SF 18.0 4.8 86 R-11 SF 7.7 4.7 36 R-12 SF 11.1 5.2 58 7 fy Page 8, Item: __ Meeting Date: 10/23/01 R-13 SF 11.4 4.6 53 R-14 SF 11.0 5.1 56 R-15 SF 10.3 6.6 68 R-16 SF 8.5 7.3 62 SUBTOTAL SF 195.8 5.1 996 R-17 MF 18.5 7.4 118 R-18 MF 12.5 12.5 125 R-19 MF 11.6 18.0 167 R-20 MF 10.6 7.4 78 R-21 MF 10.5 12.5 112 R-22 MF 8.4 15.0 105 R-23 MF 16.8 7.4 119 R-24 MF 10.2 15.0 169 R-25 MF 10·0 25.0 200 SUBTOTAL MF 109.1 10.9 1,193 MU MU 10.0 11.5 115 TOTAL RES. 314.9 2,304 Residential Land Uses Analysis The single-family and multi-family residential components of the land use plan in Village Eleven are designed to provide a variety of housing types, lot sizes and densities consistent with the goals and objectives of the GDP as well as the Housing Element of the City's General Plan. Lot sizes for single-family homes will range from averages of 3,400 square-feet to 6,000 square feet with densities of 3 to 7.5 units per acre. The Planned Community District Regulations contain detailed requirements for the Zoning Administrator Site Plan and Architectural Review, and for the Design Review Committee for multi-family and commercial projects. The regulations will ensure that all of Village Eleven is built in accordance with the principles and other criteria contained in the Village Design Plan. b. Community Purpose Facilities (CPF) The Village Eleven Project is obligated to provide Community Purpose Facilities (CPF) pursuant to the Plaimed Community Zone of the City Zoning Ordinance. The PC zone requires 1.39 acres of CPF land per 1,000 persons· Based on the approximate population of 6,935 persons in Village Eleven, the CPF land acreage requirement is 9.6 acres. Village Eleven is currently providing for a 5.5 acre facility in the village core, most likely to be developed as a religious facility with a day care center. The Village Eleven _Project will also include a second 3.8-acre CPF site on the eastern side of the village. This site provides the location for a private "recreation facility" as 8 Page 9, Item: __ Meeting Date: 10/23/01 reflected on the proposed Tentative Map for the Project. Community Purpose Facilities (CPF) Analysis The City has reviewed the permitted use of a "Recreational Facility" (for non-profit organizations) authorized in the CPF Ordinance of the Planned Community (PC) Zone. The Village Eleven SPA Plan provides for a 5.5 acre CPF land use, most likely used for a religious facility, which is a typical traditional land use for a CPF site. Staff has considered a request by BSO to allow a credit for a portion of the village's CPF requirement as a private recreation facility since it will be owned and maintained by a Master Homeowner's Association - a non- profit organization. This site, which is an additional 3.8 acres, would satisfy the remaining obligation for the village's CPF requirement. Staff believes that the privately maintained recreation facilities qualify as a CPF land use under the currently adopted CPF ordinance. An informational item will be brought to the City Council in the future, which describes the City's intention to develop a policy for other planned communities to allow CPF credit for privately maintained recreational uses. c. Schools A pedestrian-oriented design theme is the main component for Village Eleven, consistent with the goals and policies of the Otay Ranch GDP. The goal is to provide for as many students to walk to school as possible. Wider sidewalks, paseos and other trail connections will provide pedestrian access to the 10-acre elementary school and 25-acre middle school in the village. The 25-acre middle school will be located at the southwestern portion of the village surrounded by three multi-family developments. This middle school is intended to serve not only residents in Village Eleven, but also other Otay Ranch villages as well. The Sweetwater Union High School District preferred the location of the middle school on the west side of the village to avoid locating the school on the eastern edge of the furore attendance area. The 10-acre elementary school is located within the heart of the village core in order to provide close access from all locations in the village. The elementary school is also located across from a 7-acre neighborhood park to provide additional common uses between the school and the public park. Other coramunity uses surround the school including the 5.5-acre CPF site and the 3-acre phvate (HOA) recreation facility. Schools Analysis A 10-acre elementary school and 25-acre middle school will be provided in Village Eleven. The schools are consistent with the goals and objectives of the GDP. The relocation of a middle school to Village Eleven is consistent with the facility needs of the Sweetwater Union High School District and Chula Vista Elementary School District. Page 10, Item: Meeting Date: 10/23/01 d. Circulation The Village Eleven Circulation Plan (see SPA Binder, Attachment #5 - Exhibit II.2.3.-1) details the hierarchy of vehicular circulation for internal neighborhood residential streets, collector streets, village entries and prime merials for the Project. Vehicular traffic, while important for the circulation in all Otay Ranch villages, is considered secondary in importance to pedestrian traffic. Design alternatives, which were adopted with the original Otay Ranch GDP, have been implemented with the Project. Streets are generally designed to be narrower to reduce vehicle speeds, and the wide-spread use of dead-end cul-de-sacs is discouraged. In addition, "traffic calming" devices such as "roundabouts" and "neckdowns" are significant circulation design solutions, which are promoted in the Otay Ranch and are alternatives to the typical vehicular street system found in other planned communities. Village Eleven provides nine different points of entry to the village from Olympic Parkway to the north, EastLake Parkway to the west and Hunte Parkway to the south and east. In the Project, Olympic Parkway continues as a "Scenic Corridor" and a 6-lane Prime Arterial roadway, which includes its unique landscape theme. Two "Village Entry Streets" connect Olympic Parkway to Village Eleven on the north side of the village. EastLake Parkway, which has been realigned for property ownership, is a 6-lane Major roadway on the western boundary of the Project. Three entry streets to the village core are proposed from EastLake Parkway. Birch Road will serve as the main "Village Entry Street" and will also connect into the future Eastern Urban Center. Two other streets on EastLake parkway, which are classified as Village Core Streets and support the village core, are alternative routes. Hunte Parkway, which is classified as a 6-lane Prime Arterial in the Project, provides four additional points of access to the south and east portions of the village. Each of these four streets are classified as "Promenade Streets", which provide a wider sidewalk and a double row of trees on one side. Among the Promenade Streets along Hunte Parkway, there is one "Village Core Promenade Street" and three "Residential Promenade Streets", which will all additional feature decorative landscape medians at the openings. Based on the City's experience in Villages One and Five, the Residential Promenade and Village Core Promenade Streets have both been widened in Village Eleven. The Residential Promenade Street has been widened by 3-feet (fi"om 29 feet in SPA One to 32 feet in Village Eleven) to provide for two 12-foot travel lanes and one 8-foot parking lane. The Village Core Promenade is 8-feet wider (fi"om 32 feet in SPA One to 40 feet in Village Eleven) curb-to- curb to provide for two 12-foot travel lanes and two 8-foot parking lanes. Internal street connectivity is the prime consideration for a well-balanced circulation pattern for the village. Connecting major internal streets to the Village Eleven Core is also a primary goal for the land use in the village. The existence of the utility easements for the San Diego Water Aqueduct and San Diego Gas and Electric presented vehicular circulation challenges to the street network in the village. The utility agencies would permit only a limited number of vehicular crossings, and those include design limitations. As a result, there are only two vehicular streets through the easement across the village. Page 11, Item: Meeting Date: 10/23/01 Two major types of traffic calming devices are proposed for the village. "Neckdowns" and "Roundabouts" promote low speeds for vehicles and present a superior design solution for typical streets. Vehicle speeds in the village will have a maximum speed limit of 25 miles per hour. In order to limit speeds and promote pedestrian-oriented circulation, other street design alternatives are planned. Two Roundabouts, which are larger facilities than "Traffic Circles", are located in the village core on the west side and in the single-family residential area on the east side of the village. Several neckdowns, which decrease the number of travel lanes at intersections, or provide a mid-block crossing opportunity for pedestrians, are also proposed to promote easy pedestrian circulation. These neckdowns are intended to create a sense of vehicle "friction", lower vehicle speeds throughout the village and create pedestrian awareness for motorists. Alley streets will also be provided in some of the multi-family developments to promote pedestrian orientation for small-lot residences. Circulation Analysis There are nine individual points of vehicular access to Village Eleven off of Olympic Parkway, EastLake Parkway and Hunte Parkway. Internal streets provide connectivity throughout the village. All of the prominent circulation streets within the village are connected to the Village Core. The constraint of the utility easement in the middle of the village restricts vehicular access crossing the easement to two streets. Additional connections to cul-de-sacs in several single- family neighborhoods will be made with the Tentative Map application. e. Transit The proposed Transit Plan for Village Eleven consists of bus stops based on "Green Car" (Shuttle Service) and "Blue Car" (Traditional Bus Service) service concepts created by the Metropolitan Transit Development Board (MTDB), which coordinate operation of transit services for the City with Chula Vista Transit. The Green Car represents local circulators using mini to mid-size buses or shuttles. The Green Car shuttles would act as a collector and provide feeder access to Blue Car (city buses) and/or Red Car concepts (regional transit) in other villages of Otay Ranch. Red Car Trolley lines are proposed in the Freeway Commercial and Eastern Urban Center developments of Planning Area 12 to the west of the Village Eleven development. These three levels of service are planned to work together to provide improved service within the local village area and will compliment longer trips provided by Chula Vista Transit buses and regional fixed rail. Transit Analysis The Applicant has prepared a conceptual Transit Plan for Village Eleven consistent with the requirements of the SPA Plan, policies of the GDP, and policies of MTDB and Chula Vista Transit. Several transit stops are located within Village Eleven. These are planned to have direct linkages to the future park-and-ride facihties and trolley stops planned for the Freeway Commercial and Eastern Urban Center in Planning Area 12. / Page 12, Item: Meeting Date: 10/23/01 2. Planned Communit), District Regulations The Planned Community District Regulations will be adopted by ordinance as the zoning regulations for Village Eleven. These regulations set the development and land use standards for ali property within the village for setbacks, building height, parking, landscape, lot sizes and sign regulations. These regulations contain the standards that implement the pedestrian orientation goals and design guidelines for the village. Villages One and Five (SPA One) in Otay Ranch were the first villages designed for pedestrian- orientation on the "Village Concept" described in the Otay Ranch GDP. Both villages are close to being built out, and have been successful at implementing the goals and objectives of the GDP. Staff believes, however, that through improved design standards, we can make future villages even more successful. To this end, staff has worked closely with the Applicant to include these improvements. The standards for Village Eleven are more specific and have improved the requirements for pedestrian-oriented design over those found in SPA One for Villages One and Five. A defin/tion of the goals and principles for pedestrian-oriented design has been included. Specifics such as garage setbacks from the streets for single-family residences have been increased. Also, the requirements have been increased to require porches on 66% of all single-family residential units. The other 33% are required to have a strong entry feature or other pedestrian-oriented feature. Floor Area Ratios (FAR) for single-family residences have increased from SPA One from 50% to 65% but will produce less intensive development. This is because, in SPA One, the requirement was for 50% or a maximum of 4,500 square feet, whichever was greater. In the vast majority of cases in SPA One, the maximum square footage was used, and in some cases the FAR exceeded 70%. The City Council expressed concerns over the intensive development on the small lots in the master planned communities. Council directed staff to review the standards and find a solution to the intensity of the small lot single-family developments. Staff discussed this issue at length with the developers of the Otay Ranch. Brookfield Shea Otay's solution to the issue is to increase the setback of second stories on 33% of the units in a neighborhood. The Applicant proposes to increase the second story setback by 5 feet to 10 feet for the first 20 feet along the side yard of the house. Staff beheves this increase in the second story setback will address the City Council's concern in a simple and straight-forward manner. Three-car garages have been further restricted from single-family residences but not eliminated from the SPA Plan. Three-car front-loaded garages off the street have been restricted to those neighborhoods with 60-foot wide lots (limited to only 23 lots in the Project) with strict design requirements including additional standards for off-set garage doors, landscaping and architectural enhancements. Other three-car garage designs are also restricted to "tandem" style Page 13, Item: Meeting Date: 10/23/01 or side-loaded for a "split" garage style. Based on the SPA One experience, three-car side- loaded styles have been eliminated due to the large amount of concrete paving observed in the front yard. 3. Village Design Plan The Village Eleven Sectional Planning Area (SPA) Plan and supporting Village Design Plan implement the design guidelines from the GDP "Village Concept" and the GDP Overall Design Plan. The Village Eleven Design Plan provides more detail and identifies the procedures for implementation for the village. The design elements identified in the Village Eleven SPA Village Design Plan reflect the policies from the GDP but are more location-specific for Village Eleven. The GDP discusses the Village Concept for Otay Ranch and establishes the following policies for the "Core" area - the heart of each village: Establish a unique character and sense of place within each village; and, · Land uses, roads and buildings shall be designed and located to encourage walking between uses and foster a pedestrian scale; and, · Encourage a pedestrian-friendly village environment through the use of amenities such as: shade trees, street furniture, on-street parking, buildings fronting the streets, narrow streets, reduced design speeds, visible landmarks, enthes and porches facing the street, commemial areas with decreased setbacks, plazas and courtyards in commercial areas and multi-modal circulation systems. The theme for Village Eleven is centered around an "Irving Gill" architectural design concept, which will be implemented through the design criteria described in the Village Eleven Design Plan. Landscape and architectural elements ranging fi.om Village Entry monuments to public buildings will incorporate the unique flavor of Irving Gill's influence throughout the design of the village. Gill style architecture is known for its simplistic design using smooth stucco walls, arched forms and integrating indoor and outdoor spaces. The Village Eleven Design Plan offers more information on design specifics. Village Design Plan Analysis The design th. eme for Village Eleven, which focuses on an "Irving Gill" architectural framework for its community buildings in the village core, is detailed in the Village Eleven Design Plan. This document describes the design requirements for the entire village, consistent with the policies of the Otay Ranch GDP. The Village Eleven Design Plan represents a significant advancement in design of homes, conm~unity buildings and businesses from SPA One to meet a higher standard of design for the Project. The purpose of the guidelines in the Village Eleven Design Plan is to guide the design of site plans, architecture and landscape architecture within the Project area. The residential design guidelines for Village Eleven were prepared utilizing the Page 14, Item: Meeting Date: 10/23/01 SPA One development as a base. The Applicant has added design features that promote pedestrian orientation, including increased requirements for porches and other seating areas in single-family homes, as well as limited garage-oriented single-family homes. The styles of single-family homes may include American Colonial, Craftsman, Monterey, European Cottage, Italianate, Spanish Revival, Southwest Adobe Contemporary, and Irving Gill-inspired architecture. Principal design 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 as required in the Village Eleven Planned Community District Regulations. Special attention will also be devoted to enhancement of those side and rear house elevations, which are exposed to public view. Enhancement techniques for elevations include different roof planes intersecting at right angles, single story elements for a part of the house, and offset planes 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. Housing at the development edge wilt require special attention such as designing homes with different roof forms, interspersing single-story homes, and other techniques to avoid ridgeline monotony. A greater emphasis on design of multi-family developments will be used as well. The Applicant has detailed examples in the Village Design Plan. The design of these units will increase the front-door pedestrian connections on many of the multi-family developments in the village core. The multi-family, retail and commercial developments in the village core will be guided by the Design Plan criteria for site planning, architecture, building material and colors and special conditions. A separate "Master Precise Plan" for the Village Eleven Core will be prepared by the Applicant prior to Site Plan Review for any of the projects in the village core. 4. Public Facilities Finance Plan Village Eleven includes a separate Public Facilities Finance Plan (PFFP), which implements the standards and policies for infi'astrucmre improvements and demands for public service. The PFFP also analyzes the Village Eleven development with the City Growth Management Program and Ordinance. The Village Eleven PFFP describes in detail the public facilities that are required for the development of 2,304 dwelling units for the village, and analyzes the phasing and thresholds for development. The intent of the PFFP is to ensure that development phasing of the village is consistent with the requirements of the City's General Plan for required public facilities and infrastructure, as well as compliance with the City's Growth Management Ordinance. Public facilities and infrastructure such as water supply, sewer service, storm and drainage systems and roads and streets are analyzed in the development of the village. Other public facilities and services that are required for the village include; schools, child care facilities; police, fire and emergency services; library services; and other social services. The PFFP also Page 15, Item:__ __ Meeting Date: I0/23/01 evaluates the demands on public facility services based on the estimated village population and phasing of development. Village Eleven will be developed in three phases, which generally proceeds from north to south as a result of topography and grading operation plans. The reduction in elevation leading to Salt Creek results in the development phasing leading from north to south. Public Facilities Finance Plan (PFFP) Analysis The Village Eleven Project has been evaluated for implementation of public facilities, public services and infrastructure through the Village Eleven Public Facilities Finance Plan. The Project has also been analyzed to ensure compliance with the City's Growth Management Ordinance. Thresholds have been established to require the Applicant to provide infrastructure improvements as the village is built out. 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 City's adopted threshold standards. The fiscal analysis conducted as part of the Village Eleven PFFP indicates that the village will generate a surplus until the third phase when the majority of the multi-family units are constructed within Village Eleven. The lower density multi-family developments tend to generate more costs than revenues. These multi-family units will generate a deficit through the buildout of Village Eleven. The analysis was based on City standard fiscal assumptions used in other recently approved master planned communities of San Miguel Ranch and EastLake Woods and Vistas. The analysis did not take into consideration the 50% share of the property tax allowed by the Property Tax Agreement with the County. When the 50% property tax split is assumed, the deficit is covered. In addition, the Village Eleven SPA conditions of approval require the village to participate in the Otay Ranch Reserve Fund, which has been established to fund the update of the GDP fiscal model and to reduce any deficit generated by the development of the Otay Ranch. There will not be a deficit under current conditions or in the future. A review of the FEIR, Village Eleven PFFP and other supporting Village Eleven SPA documents provide evidence that the project is consistent with the adopted threshold standards of the City including the Growth Management Ordinance. An analysis of thresholds is contained in the environmental document EIR-01-02 and the Village Eleven Public Facilities Finance Plan (PFFP). 5. Affordable Housing Plan Consistent with the requirements of the General Plan's Housing Element and the Otay Ranch- wide Affordable Housing Program, the Village Eleven Project is required to provide affordable housing opportunities through the obligation of moderate and low-income housing in the village. A separate Affordable Housing Plan has been prepared with the Village Eleven SPA Plan, which requires a subsequent agreement _between the Applicant and the City. Ten percent of the dwelling unit total must be developed as affordable housing. Village Eleven requires 230 Page 16, Item: Meeting Date: 10/23/01 dwelling units to be dedicated to affordable housing. Half of the 230 units must be low-income, the Applicant must therefore provide 115 low-income dwelling units. Affordable Housing Plan Analysis The Applicant is obligated to satisfy its Affordable Housing Program requirements for Village Eleven. Ten percent of the 2,304 dwelling units in Village Eleven will be provided to moderate and low-income families. The Village Eleven Affordable Housing Plan identifies target sites for the 230 dwelling units (115 moderate income and 115 low income) required to satisfy the Applicant's obligation. This plan complies with the requirements and policies of the Otay Ranch-wide Affordable Housing Program and the General Plan's Housing Element. The Applicant will be required to enter into a separate subsequent agreement with the City to ensure implementation of the affordable housing units. 6. Air Quality Improvement Plan On November 14, 2000, the City Council adopted the Carbon Dioxide (COO 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 from new developments are 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 Village Eleven SPA project. Air Quality Improvement Plan Analysis The City's effort to develop guidelines for the preparation of an Air Quality Improvement Plan is consistent with the goals and objectives of the Otay Ranch GDP. 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 Tentative Map or as otherwise directed by the Director of Planning and Building. 7. Water Conservation Plan The City is in the process of developing guidelines for the preparation and implementation of Water Conservation Plans for each of the new planned communities in the City. 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 the Otay Ranch. 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 Page 17, Item: Meeting Date: 10/23/01 finalizing a Water Conservation Plan for Village Eleven. Water Conservation Plan Analysis The City's effort to develop guidelines for the preparation of a Water Conservation Plan is consistent with the goals and objectives of the Otay Ranch GDP. 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 Tentative Map. 8. Non-Renewable Energy Conservation Plan The Otay Ranch GDP requires a Non-Renewable Energy Conservation Plan for each SPA to address energy conservation within each village. This plan identifies the most feasible measures to reduce the constnnption of non-renewable energy through land use and community design, transit facilities and alternative transportation modes, building siting and construction techniques. Transit-oriented development and pedestrian-friendly design of the village core are methods to reduce energy consumption. Non-Renewable Energy Conservation Plan Analysis The preparation and implementation of a Non-Renewable Energy Conservation Plan for Village Eleven is consistent with the goals and objectives, and policies of the Otay Ranch GDP. 9. Parks, Recreation, Trails and Open Space Consistent with the goals and objectives of the Otay Ranch GDP, the Village Eleven land use plan incorporates a pedestrian-oriented theme throughout the village. This pedestrian orientation is connected through a network of parks, recreation, trails and open space. A 7.0-net acre public neighborhood park will be the major park element in Village Eleven. In addition, a one-acre Town Square will be an open space area, which will be privately owned and maintained by the Master Homeowner's Association (HOA) in Village Eleven, but open to the public. Two additional private (HOA) recreational facilities for the Village Eleven residents are planned. A 3-acre facility will be located near the village core adjacent to the CPF site and the elementary school. An additional 3.8-acre private HOA recreation facility is planned for the eastern portion of the village to serve the residents. Each of these private facilities will likely contain a clubhouse facility and swimming pool complex. A series of "Paseos", (pedestrian trails and pathways) will connect the village core area and residential neighborhoods with other "Regional Trails" in the Project. Paseos provide pedestrian, bicycle and electric cart opportunities to connect other pedestrian circulation facilities. The "Village Pathway", a 15-foot wid_e hardscape pathway, will connect the Freeway Commercial area of Planning Area 12 to Village Eleven on the south side of Birch Road. This Village /2 g/b -/7 Page 18, Item:__ Meeting Date: 10/23/01 Pathway, which allows for pedestrian, bicycle and electric cart travel, eventually connects most village cores in the Otay Ranch. The Village Pathway in Village Eleven will connect to the Paseo located in the core and lead south to the Regional Trail on Hunte Parkway. A Regional Trail system, is a City:wide trail system and is a prominent feature in Otay Ranch. Several Regional Trails, which are 8-10 feet wide, are located in the Village Eleven Project and connect two other major trails networks - the "Village Greenway" and "Chula Vista Greenbelt". The Village Greenway, a significant open space corridor, connects several villages in the Otay Valley Parcel of the Otay Ranch, and is located along the north side of Hunte Parkway in Village Eleven. The Village Greenway in Village Eleven is an average 75-feet wide and contains portions of a Regional Trail facility. Two pedestrian bridges are planned for Village Eleven to link the Regional Trails in the Village Greenway along Hunte Parkway and the Chula Vista Greenbelt. One of the pedestrian bridges is planned to cross EastLake Parkway at the intersection of Hunte Parkway and connect the Village Greenway from the Eastern Urban Center in Planning Area 12. This portion of the Greenway contains a Regional Trail pathway. A second pedestrian bridge is located at the southern terminus of the western paseo in Village Eleven, and connects a Regional Trail in the Village Greenway to the south side of Hnnte Parkway on the University site adjacent to the portion of the Otay Ranch Preserve adjacent to Salt Creek. Additional Regional Trails in the Project link to the Chula Vista Greenbelt. The Chula Vista Greenbelt, which originates from the Otay River Valley, adjacent to Salt Creek, is a regional pedestrian trail system than links other pathways and trails throughout the City of Chula Vista. The Village Eleven Project contains a wide variety of open space areas to promote the overall open space element of Otay Ranch. The Village Greenway provides a 75-foot average open space corridor on the south and east side of the Project along Hunte Parkway. In addition, Olympic parkway also provides a 75-foot average open space corridor to the development in Village Eleven. The 240-foot wide utility easement running through the middle of the village provides a passive open space corridor. There is a total of just over 49 acres of open space in the Project. Consistent with the requirements of the Otay Ranch Resource Management Plan, the Village Eleven Project must convey land to the Otay Ranch Preserve. The development of one acre of land in Otay Ranch requires a dedication of 1.188-acres of land to the Otay Ranch Preserve with the approval of each Final Subdivision Map. Pursuant to the requirements, the Village Eleven obligation is 455.0 acres of land to be dedicated to the Otay Ranch Preserve. Parks, Recreation, Trails and Open Space Analysis The location of Village Eleven in the Otay Valley Parcel presents some unique opportunities to provide connectivity to parks, recreation, trails and open space in the village. A 7-acre net public neighborhood park across from the elementary school in the village core is in a centralized location within the village. The one-acre Town Square, though privately owned and maintained, Page 19, Item:__ Meeting Date: 10/23/01 is built for public use. This Town Square is the main focal point for the core area and provides a meeting place for community gatherings. The Applicant is proposing two private (HOA) recreation facilities: a 3-acre community clubhouse and swimming pool complex on the west side of the village; and a 3.8-acre community clubhouse and swimming pool complex on the east side of the village. Both facilities are intended to exclusively serve the residents of the village. Two prominent "Paseos" are located within the village to provide linkages to the village's neighborhoods as well as other regional trails and paths. The paseo on the west side of the village links the Village Pathway off of Bimh Road and runs to the south and terminates at a Regional Trail and pedestrian bridge on the north side of Hunte Parkway. Other Regional Trails are also included in the project on Hunte Parkway and Olympic Parkway, they connect the Project's two pedestrian bridges and two other regional trails - the Village Greenway and the Chula Vista Greenbelt. The Village Greenway presents an average 75 foot-wide open space corridor on the south boundary of the Project adjacent to Hunte Parkway. Additional open space is provided throughout the village. The requirement of land conveyance in the Project to the Otay Ranch Preserve is consistent with the requirements of the Otay Ranch Resource Management Plan. The system, which includes parks, recreation, trails, and open space that are provided in Village Eleven, complies with the policies, goals and objectives of the Otay Ranch GDP and Resource Management Plan. d. Conclusion Within Village Eleven, the proposed land uses and development intensities directly implement the provisions of the Otay Ranch General Development Plan as amended. All designated 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 General Development Plan amendment, the Village Eleven SPA is consistent with the amended General Development Plan and, therefore, consistent with the General Plan. Staff has concluded that the Otay Ranch Village Eleven SPA Plan, described and evaluated in this report, is consistent with the policies in the adopted Otay Ranch General Development Plan and City of Chula Vista General Plan. Staff recommends approval of the Village Eleven SPA Plan and related documents. Page 20, Item:__ __ Meeting Date: 10/23/01 FISCAL IMPACT: The cost associated with processing the project is covered by the applicant's deposit account. With the 50% share of property tax from the tax agxeement with the County and the participation in the Reserve Fund, deficits generated by the developmem of Village Eleven will be covered. Attachments 1. Locator Map 2. Planning Commission Resolution (PCM-99-15) 3. Village Eleven SPA Plan (Binder) 4. Disclosure Statement H:\PL~J~NiNG\Otay_Ranch~Village_ll~Vll_BSO_SPA- CC_ STFRPT.doc 2O EASTLAKE TRAILS ~ EASTLAKE EASTLAKE VISTAS GREENS OLYMPIC TRAINING VILLAGE CENTER SlX FREEWAY ? VILLAGE SEVEN ~ PANHANDLE CENTER UNIVERSITY ~ CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT Cl~' OF CHULA VISTA PROJECT DESCRIPTION: APPLICANT: PLANNING & BUILDING DEPARTMENT SECTIONAL PLANNING AREA (SPA) PLAN PROJECT Otay Ranch, Village 11 AND TENTATIVE SUBDIVISION MAP , South of OI topic Parkwa , East of Eastlake Request: Propose a 489-acre site to include 996 single-family lots; 1,308 ADDRESS: Parkway, ~/V~st of Hur~te ~rk'.vay multi-family dwelling units; 5.E-acre community puq~ose facility;, 11-acre elementary school site; 25.6-acre middle school 8 net acres public park SCALE: FILE NUMBER: sites; 10 acres of mixed use commercial uses; 49 2 acres of open space; NORTH No Scale PCS-01-11 and 66.2 ac~es of circulation. · j:\home\planning\cherrylc\locators\pcs0111 .cdr 8.2801 ATTACHMENT # 1 RESOLUTION NO. PCM-99-15 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE A SECTIONAL PLANNING AREA (SPA) PLAN, AND SUPPORTING REGULATORY DOCUMENTS INCLUDING, VILLAGE DESIGN PLAN, PUBLIC FACILITIES FINANCE PLAN, AND AFFORDABLE HOUSING PROGRAM AND ADOPT AN ORDINANCE TO APPROVE PLANNED COMMUNITY DISTRICT REGULATIONS INVOLVING 489 ACRES OF LAND KNOWN AS OTAY RANCH, VILLAGE ELEVEN. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. and described on Chula Vista Tract 01-11, and is commonly known as Otay Ranch, Village Eleven ("Property"); and, WHEREAS, an application to consider a new Sectional Planning Area (SPA) Plan for Village Eleven was filed with the City of Chula Vista Planning and Building Department on June 7, 1999 by New Millenium, Homes II, Inc., and Brookfield Shea Otay, LLC (BSO) has subsequently acquired ownership of New Millennium property thereby becoming the applicant ("Applicant"); and, WHEREAS, the application requests consideration ora Sectional Planning Area (SPA) Plan, and supporting regulatory documents including Planned Community District Regulations, Village Design Plan, Public Facilities Finance Plan, and Affordable Housing Program involving 489 acres of land known as "Otay Ranch, Village Eleven" located at the eastern edge of the Otay Valley Parcel, between the future extension alignment of Hunte Parkway, Olympic Parkway and Eastlake Parkway; and, WHEREAS, the Project is also the subject matter of an amendment to the Otay Ranch General Development Plan (GDP) to be considered by the Planning Commission and City Council, wherein the Planning Commission and City Council, in the environmental evaluation of said amended GDP, relied in part on the original Otay Ranch General Development Plan Program Environmental Impact Report 90-01, and the Otay Ranch General Development Plan (GDP) Amendments/Village Eleven SPA Plan Final Second-Tier Environmental Impact Report ("EIR 01- 02") (SCH#2001031120), the candidate CEQA Findings and Mitigation Monitoring and Reporting Program; and, WItEREAS, The City's Environmental Review Coordinator has reviewed the Project and determined that the Project would result in a significant impact to the environment, therefore, a Second-Tier Environmental Impact Repor~ (EIR 01-02) has been prepared; and, WHEREAS, the Plarming Commission set the time and place for a hearing on said Otay Ranch, Village Eleven Sectional Planning Area (SPA) Plan (PCM-99-15) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days'prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. September 26, 2001 and October 17,2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has determined that the approval of a Sectional Planning Area (SPA) Plan for Otay Ranch Village Eleven (PCM-99-15) is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan (PCM-99-15) and supporting regulatory documents including Planned Community District Regulations, Village Design Plan, Public Facilities Finance Plan, and Affordable Housing Program involving 489 acres of land known as "Otay Ranch, Village Eleven" located at the eastern edge of the Otay Valley Parcel, between the future extension alignment of Hunte Parkway, Olympic Parkway and Eastlake Parkway in accordance with the findings contained in the attached City Council Resolution No. ..; and, And that a copy o£this resolution be transmitted to the owners o£the property and the City Council. THF T7 OF CHULA VISTA DISCLOsURJ5 %T-a,qENT ~nl~cl, ~.~., aWn=r, applique, ~ntraci~r, sub.dirtier, m~t=r~l supplier, N/A : 4. Have you had more than .$25(1 worth ut' basinea.t er'un, acted wilh any mcrdber o£ the City staff. Boar~, Cammi~lon~ Committe~, and C-~um:ll within the pasl ~we ye mond'~? Yea No ~_~_.. If yc~, pie. asa indicate pemon(s):__ 5. Plea.k= identify each knd ever,,, person, including any agent, employees, cunsultant:i, .r inrlcpurldcnl ~nrr'actom who you have a-~i~n=d Lo repr~cnl you hetbre'thc. City ltl this inditer. John Norma~, Steve Doyle Geocon~ Dud~k, { Associates W~iliiam Hezma.lhalch Archi=ec=s Inc. Land Concern, Wil~en Engiq.eeri~g Hunsaker ~ Associates Tezri ~arker 6. H~ve You and/or your uf£i~rs or agent.~. In the aggre~te, c~ntrtbuted mol'e than Si,000 lo a Coutlcilmember in thc current or pre, ceding elceti6n period? Yes N..a irym, state which Counctlmember(s): ·" ' (NOTE,: Atmcl~ addidorlal pa,~s ~ n...-"~sy) ' ' ' Byook£i~ld 0ray LL6, a Delawa=e !.OD./'6re'z~'-.e.e_d, Vice President ~/Prim or type ~ame of contractodapplicant a/~'d IIO'OM $dEIOH (IqSIJ>tOOaa k!~9'r':~, too~'6t 'ddS RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SECTIONAL PLANNING AREA (SPA) PLAN, AND SUPPORTING REGULATORY DOCUMENTS INCLUDING, VILLAGE DESIGN PLAN, PUBLIC FACILITIES FINANCE PLAN, AND AFFORDABLE HOUSING PROGRAM INVOLVING 489 ACRES OF LAND KNOWN AS OTAY RANCH, VILLAGE ELEVEN. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and described on Chula Vista Tract 01-11, and is commonly known as Otay Ranch, Village Eleven ("Property"); and, WHEREAS, an application to consider a new Sectional Planning Area (SPA) Plan for Village Eleven was filed with the City of Chula Vista Planning and Building Departmem on June 7, 1999 by New Milleniun~, Homes II, Inc., and Brookfield Shea Otay, LLC (BSO) has subsequently acquired ownership of New Millennium property thereby becoming the applicant ("APPlicant"); and, WHEREAS, the application requests consideration of a Sectional Planning Area (SPA) Plan, and supporting regulatory documents including Planned Community District Regulations, Village Design Plan, Public Facilities Finance Plan, and Affordable Housing Program ("Project") involving 489 acres of land known as "Otay Ranch, Village Eleven" located at the eastern edge of the Otay Valley Parcel, between the future extension alignment of Hunte Parkway, Olympic Parkway and Eastlake Parkway; and, WHEREAS, the Property is also the subject matter of an amendment to the Otay Ranch General Development Plan (GDP) adopted by City Council by Resolution No. _; and, WHEREAS, the Project was included in the environmental evaluation of said amended GDP, which relied in part on the original Otay Ranch General Development Plan Program Environmental Impact Report 90-01, and the Otay Ranch General Development Plan (GDP) Amendments/ Village Eleven SPA Plan Final Second-Tier Environmental Impact Report ("EIR 01-02") (SCH#2001031120) and Addendum thereto, the candidate CEQA Findings and Mitigation Monitoring and Reporting Program; and, WItEREAS, the Planning Commission set the time and place for a heating on said Otay Ranch, Village Eleven Sectional Planning Area (SPA) Plan (PCM-99-15) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearirig was held at the time and place as advertised, namely 6:00 p.m. September 26, 2001, and October 17, 2001 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended approval of the Project and said hearing was thereafter closed; and, WHEREAS, a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista on the Village Eleven SPA Plan, and adopting the ordinance to approve the SPA's Planned Community District Regulations for Village Eleven; and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and ail evidence introduced before the Planning Commission at their public hearing held on September 26, 2001, and October 17, 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, shall comprise the entire record of the proceedings for any Caiifomia Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and anaiyzed in the Second-Tier Final EIR 01-02, and Addendum thereto, would have no new effects that were not examined in said Final EIR (Guideline 15168 (c)(2)). III. ACTION The City Council hereby approves the Otay Ranch, Village Eleven SPA Plan and supporting regulatory documents including Planned Community District Regulations, Village Design Plan, Public Facilities Finance Plan, and Affordable Housing Program involving 489 acres of land known as "Otay Ranch, Village Eleven" based upon findings contained herein and is consistent with the City of Chula Vista Generai Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, generai welfare and good planning and zoning practice support their approval and implementation. IV. SPA PLAN FINDINGS A. THE OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN IS 1N CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND CITY OF CHULA VISTA GENERAL PLAN. The Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development PI.an and Chula Vista General Plan. B. THE PROPOSED OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The Village Eleven SPA Plan and Village Eleven SPA Public Facilities Finance Plan contains provisions and requirements to ensure the orderly, phased development of the project. C. THE PROPOSED OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan are designed with an open space buffer adjacent to other existing projects, and future developments off-site and within the Otay Ranch Village Eleven Sectional Planning Area. The project will provide a variety of housing types compatible with existing adjacent land uses, as required by the Otay Ranch General Development Plan. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The proposed SPA Plan follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch Village Eleven SPA Final Second-Tier Environmental Impact Report (EIR 01-02) and Addendum thereto. D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The Project 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 1N AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The Otay Ranch Village Eleven SPA Plan does not involve these Institutional, Recreational or similar uses. F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. / C - 27 The circulation system depicted in the SPA Plan is consistent with the Circulation system identified on the City's General Plan and Otay Ranch General Development Plan and contains adequate internal cimulation consistent with the policies of the Otay Ranch General Development Plan and the City's General Plan. Road improvements will be constructed per the timing and threshold requirements outlined in the Village Eleven SPA Plan 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). The location of proposed commercial development area in the Village Eleven SPA Plan is consistent. These commercial uses reflect the Chula Vista General Plan and Otay Ranch General Development Plan and will provide needed commemial services to future residents in the area as well as visitors. H. THE AREA SURROUNDiNG SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The Village Eleven 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 Village Eleven SPA Plan is consistent with the Otay Ranch General Development Plan and Chula Vista General Plan, amended. V. CONDITIONS OF APPROVAL Thc City Council hereby approves the Project subject to the conditions set forth in Exhibit "B", attached hereto and incorporated in the Project. XI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail tO be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein gran.ted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. XII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert Leiter John M. Kaheny Planning and Building Director City Attorney EASTLAKE ,~// TRAILS ~ x, qSTAS EASTLAKE GREENS / . ~qLLAGE CENTER SlX F~ESVAY ~TLLAGE SEg~N ~ PA~A~LE EAS~ . CENTER ~I~RSITY CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOC,,~TOR PROJECT C[~1( OF OHUL~ VISTA ~ROJECT DESORIPI'ION: APPLICANT: PLANNING & BUILDING DEPARTMENT $£CTIONAL PLANNING AREA (SPA) PLaN PROJECT Dray Ranch, Viaage ~1 ~ND TENTATIVE SUBDIVISION MAP South of OI topic Parkwa , Eas~ of Eastlake Request: Propose a 48B-acre site to include 996 single-family lots; 1,306' ADDRESS: Par~w-ay, ~erst ot Hunte ~ark~vay muiti-farni~ dwelling units; 5 S-acre community purpose facility,, 11-acre elementary school site; 25.6-acre middle school 8 net acres public'parR SCALE: FILE NUMBER: sites; 1(} acres of mixed use commercial uses; 49.2 acres of open space; NORTH No Scale PCS-01-11 and 66.2 acres of circulation. i:\home\planning\cherrylc\locators\pcs0111 cdr 8.28.01 - EXHIBIT "B" OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN CONDITIONS OF APPROVAL GENERAL PROVISIONS 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant". 2. If any of the terms, covenants or conditions contained herein Shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. 3. Applicant shall indemnify, protect, defend and hold the City harmless from and aga'mst any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. 4. Approval of the Otay Ranch Village Eleven SPA Plan does not constitute approval of the final lot configurations, grading, or street designs shown within the SPA plan. Modifications must be reviewed and approved by the City Engineer and Director of Planning and Building, the Planning Commission and/or the City Council during the tentative subdivision map process. The ultimate to~al number of dwelling units for Village Eleven, resulting from more specific Tentative Map and Final Map planning and analysis, and/or the Site Plan/Design Review process, may require a reduction in the number of total units as described in the Village Eleven SPA Plan and Otay Ranch General Development Plan. 5. The Applicant shall comply with all requirements, guidelines, and policies of the City of Chula Vista including, but not limited to the following: it's General Plan; the City's Growth Management Ordinance; Otay Ranch General Development Plan; Otay Ranch Resource Management Plan; Overall Design Plan; Ranch Wide Affordable Housing Plan; Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan and supporting documents including: Village Eleven Public Facilities Finance Plan; Village Eleven SPA Parks, Recreation, Open Space and Trails Plan; Village Eleven SPA Affordable Housing Plan and the Non- Renewable Energy Conservation Plan. 6. The applicant shall comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"). ENVIRONMENTAL 7. The Applicant shall implement, to the satisfaction of the Director of Planning and Building, all environmental impact mitigation measures identified in EIR 01-02 (SCH#2001031120), the candidate CEQA Findings (Exhibit ~ and Mitigation Monitoring Program (Exhibit ~ for this project. 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 Otay Ranch GDP/Village Eleven Environmental Impact Report EIR 01-02 (SCH#2001031120), and Mitigation Monitoring and Reporting Program. 8. The Applicant shall comply with all requirements and policies of the Otay Ranch Resource Management Plan (RMP) as approved by City Council on October 23, 1993, and Otay Ranch, Phase 2 Resource Management Plan (RMP2) as approved by City Council on June 4, 1996. The Applicant shall agree to implement the provision(s) of the Otay Ranch Phase 2 Resource Management Plan as a condition of the Project's Tentative Map. 9. The applicant shall comply with the requirements and policies of the Otay Ranch Resource Management Plan, "Preserve Conveyance Schedule" as approved by City Council on June 4, 1996. Each tentative map shall be subject to a condition that the subdivider shall execute a maintenance agreement with the City or its designee. 10. The Applicant shall comply with all applicable requirements of the California Department of Fish and Game, the California State Water Resources Control Board, the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers. 11. Prior to the approval of the first "A" map for the Project, the Applicant must submit and obtain approval of an application to annex Village Eleven into C.F.D. 97-02 for the maintenance, management, and monitoring of the Otay Ranch Preserve per the requirements of the Otay Ranch Resource Management Plan, Phase 2. (Planning) 12. The Applicant shall apply for and receive a take permit/authorization from the U.S. Fish and Wildlife Service and California Department of Fish and Game or comply with the approved City of Chula Vista MSCP Subarea Plan or other equivalent take permit/authorization applicable to the Project. The Applicant will prepare and process on the City's behalf the environmental permits for Hunte Parkway. DESIGN 13. Applicant agrees to immediately relocate, at Applicant's sole expense, the necessary above and/or underground utilities to accommodate the required street trees within the street tree planting easement if determined necessary by the Directors of Parks and Recreation, Public Works and/or the City Engineer. 14. The Applicant shall secure approval of a Master Precise Plan for the Village Eleven Core Area, prior to or concurrent with submitting any development proposals for commercial, multi-family and Community Purpose Facility areas within the Village Eleven Core as described in the Village Eleven SPA Plan. PUBLIC FACILITIES~ UTILITIES, IMPROVEMENTS AND PHASING 15. Street cross sections shall conform to those standards contained in the Village Eleven SPA Plan. Birch Road sections as shown on the Circulation Plan in the Village Eleven SPA Plan and Village Eleven PFFP will be reviewed and arc subject to modifications as required by the City Engineer at the Tentative Map stage. All other design criteria shall conform to the design standards contained in the document entitled Street Design Standards and the Subdivision Manual both as amended by the City from time to time, ("City Design Standards"). Any proposed variation from the City Design Standards, which are not addressed in the SPA Plan shall be subject to the approval by the City and indicated as a specific waiver on the appropriate Tentative Subdivision Map. 16. The Applicant shall provide a conceptual design and depict locations of roundabouts, traffic cimles, neck-downs, or other traffic-calming designs described and depicted in the Village Eleven SPA Plan for review and approval by the City Engineer and Director of Planning and Building prior to approval of the first tentative map for the project. 17. The Applicant shall comply with the Fire Department's codes and policies for Fire Prevention, as amended from time to time. 18. Applicant shall obtain the approval of the City's Fire Marshal for the timing of construction of all internal streets in the Project. 19. The developer shall obtain approval from the City Engineer and the Director of Planning and Building for all proposed street names w/thin the project prior to the approval of the Tentative Map. Approved street names shall be shown on Tentative Map. 20. The Applicant shall provide for a pedestrian bridge connecting Village Eleven to the Eastern Urban Center (Planning Area 12) crossing (east -west) over Eastlake Parkway just north of Hunte Parkway, as follows: a. Prior to approval of the first map for the Project, the Applicant shall fund the preliminary design of said bridge and identify and establish the funding mechanism to be used to fund half of the cost ("Applicant's Fair Share") of constructing said pedestrian bridge; and, b. Prior to approval of the first map for the Project, Applicant shall provide the preliminary design of said bridge, and shall obtain the approval of the Directors of Public Works and Planning and Building; and, t c. The timing of the construction of said bridge will be determined by the City, consistent with the requirements of Village Eleven SPA Plan, Public Facilities Financing Plan (PFFP), as may amended from time to time, and development of the Eastern Urban Center in Planning Area 12; and, d. The bridge shall be constructed in a location as directed by the Directors of Planning and Building and Public Works. (Planning, Engineering) 21. The Applicant shall provide for a pedestrian bridge connecting Village Eleven to the University Site (Village Ten) crossing (north - south) over Hunte Parkway between Neighborhoods R-16 and R-17 as depicted on the Parks, Recreation, Open Space and Trails Plan in the Village Eleven SPA Plan, as follows: a. Prior to approval of the first map for the Project, the Applicant shall fund the preliminary design of said bridge and identify and establish the funding mechanism to be used to fund half of the cost ("Applicant's Fair Share") of constructing said pedestrian bridge; and, b. Prior to approval of the first map for the Project, Applicant shall provide the preliminary design of said bridge, and shall obtain the approval of the Directors of Public Works and Planning and Building; and, c. The timing of the construction of said bridge will be determined by the City, consistent with the requirements of Village Eleven SPA Plan, Public Facilities Financing Plan (PFFP), as may amended from time to time, and development of the University site or Village Ten; and, d. The bridge shall be constructed in a location as directed by the Directors of Planning and Building and Public Works. (Engineering, Planning) 23. The Applicant shall provide a Sub Area Master Plan (SAMP) for water service and facilities for Village Eleven. Said Sub Area Master Plan shall be reviewed and approved by the City Engineer and Director of Planning and Building prior to the approval of the Tentative Map for Village Eleven. When said Sub Area Master Plan is approved, the Applicant shall provide the water and recycled water improvements in accordance with the master plan prepared by Wilson Engineering dated on or about September 20, 2001 or as amended by the Applicant and approved by Otay Water Disffict. The SAMP shall be consistent with the Village Eleven SPA Plan. The Applicant shall be responsible for obtaining the approval of any amendment to the Village Eleven SPA SAMP in order for the Village Eleven SPA SAMP to be consistent with the approved SPA Plan prior to the approval of the first final "A" map for the Project. The SAMP shall also include the analysis of reclaimed water for open space slopes. 24. The Applicant shall establish and fund a monitoring program for the purpose of monitoring all off-site drainage and erosion protection from Village Eleven to Salt Creek subject to the approval of the Regional Water Quality Control Board and the City Engineer. If off-site drainage and erosion protection is required as determined by the Regional Water Quality Control Board or the City Engineer, the Applicant shall at it's own cost, process all environmental permits and install drainage and erosion protection facilities to the satisfaction of the City Engineer. 25. Unless required to be provided earlier by the City, no building permits can be issued, or any other grant of approval for any improvement proposing to pump Village 11 sewage flows to Poggi Canyon sewer trunk, Developer shall accomplish the following: a. Comply with all the requirements of Council Policy No. 570-03 (Sewage Pump Station Financing Policy). b. Enter into an agreement to construct and secure the construction, in accordance with Section 18.16.220 of the Municipal Code, of those improvements required to accomplishing the following: i. Construction of pump station improvements and associated facilities necessary to pump sewage flows to the Poggi Canyon sewer trunk. ii. Removal of any existing, new, and/or modified pump stations, force mains, and associated improvements, to the satisfaction of the City Engineer, upon completion of the Salt Creek Sewer Interceptor. iii. Connection of the Project by gravity to the Salt Creek Sewer Interceptor, to the satisfaction of the City Engineer, upon completion of the Salt Creek Sewer Interceptor. c. Provide funding for the preparation of all the studies and reports required to support the addition of pumped sewage flows to the Telegraph Canyon and/or Poggi Canyon sewer trunks, as determined by the City Engineer. 26. Prior to issuance of the Project's first mass grading permit, provide a study showing that the proposed quantities of earthwork will balance for each phase. This study shall incorporate the most recent Project design information for said phase. (Engineering) PARKS~ TRAILS and OPEN SPACE 27. The Village Eleven project shall satisfy the requirements of the Parkland Dedication Ordinance (PDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. The applicant shall provide a 7.0- acre net neighborhood park in Village Eleven and a private one-acre net town square. The balance of the park requirement for community parks shall be provided through the payment of fees in accordance with the PDO. 28. The Applicant acknowledges that the City is in the process of preparing and adopting a City-wide Parks Master Plan, and hereby agrees to comply with the provisions of said Plan as adopted and as it affects facility and other related requirements for the Project's parks. AGREEMENTS/FINANCIAL 29. The Applicant shall provide 9.4 acres of CPF land uses on the Project's Tentative Map to comply with the Project's obligation to provide Community Purpose Facility land uses consistent with the requirements of the CPF Ordinance in the Planned Community Zone. The Applicant acknowledges that the City is in the process of preparing an Administrative Policy regarding Community Purpose site utilization for the Project and hereby agrees to comply with the provisions of said Administrative Policy as adopted. 30. The Applicant shall enter into an agreement with the City of Chula Vista, prior to approval of the first map for the Project, guaranteeing the provision of the Applicant's obligation to provide affordable housing units in accordance with the Otay Ranch Village Eleven Affordable Housing Plan. Such agreement shall be in accordance with the City of Chula Vista General Plan Housing Element, the Otay Ranch Wide Affordable Housing Plan and the Village Eleven SPA Affordable Housing Plan. Said agreement shall be a condition of approval of the first tentative map. 31. The 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. 32. 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 as City deems applicable to the Project, and to comply and remain in compliance with the AQIP. 33. The Applicant acknowledges that the City Council may from 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 be required to modify the AQIP 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, 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. 34. The Applicant acknowledges that the City is in the process of developing guidelines for the preparation of required Watgr Conservation Plans (WCP), and is conducting a WCP Pilot Study to evaluate various water conservation measures for new developments 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. 35. 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. 36. The Applicant acknowledges that the City Council may from 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 of the subject new measures. 37. A reserve fund program has been established by Resolution No. 18288 for the funding of the Fiscal Impact of New Development (F.I.N.D.) Model for the Otay Ranch Project. The Applicant shall provide funds to the Reserve Fund as required by the Reserve Fund Program. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP), the Applicant shall participate in the funding of the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs in the Project and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP. 38. The Project shall be required to equitably participate in any future regional impact fee program for regional facilities as defined in the GDP/SRP, should such a fee program be enacted to assist in the construction of such facilities. The applicant shall enter into an agreement, prior to approval of the first "A" map, with the City which states that the applicant will not protest the formation of any potential future regional benefit assessment district formed to finance regional facilities. SCHOOLS 39. The Applicant shall deliver to the Sweetwater Union High School District a 25-net usable acre graded middle school (junior high school) site including utilities provided to the site and an all weather access rot~d to the site acceptable to the District prior to January 1, 2005. The all weather access road shall also be acceptable to the Fire Department and the City Engineer. This schedule is subject to modification by the School District as based on District facility needs. (Planning and Building, Fire, Engineering) 40. The Applicant shall deliver to the Chula Vista Elementary School District, a graded elementary school site including utilities provided to the site and an all weather access road to the site acceptable to the District, located within Village Eleven, prior to issuance of the 1,050~h residential building permit (approximately 352 students). Tile all weather access road shall also be acceptable to the Fire Department and the City Engineer. This schedule is subject to modification by the School District as based on District facility needs. MISCELLANEOUS 41. Prior to applying for any permit pursuant to the adopted Village Eleven SPA Plan, Applicant shall submit the entire adopted document in an electronic file format acceptable to the Director of Management and Information Services. Said file shall be in the format of Microsoft Word 2000, or current version acceptable to the City of Chula Vista, at the time of the adoption of the Village Eleven SPA Plan. Any exhibits as part of said SPA Plan (Maps, Plans, etc.), which are not in Microsoft Word format, shall be submitted in a format acceptable to the City of Chula Vista, Director of Management and Information Services. 42. Within 30 days of the City Council's action on the SPA Plan documents, the Applicant shall submit to the Planning and Building Department, forty-five (45) sets of all final SPA documents, each set in a three-ring plastic binder and in a format as prescribed by City staff. PHASING 43. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch GDP, the Applicant shall prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPA's and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 44. The Applicant shall file a master final map CA" Map); which provides for the sale of super block lots corresponding to the units and phasing or combination of units and phasing thereof. If said super block lots do not show individual lots depicted on the approved tentative map, a subsequent final map shall be filed for any lot, which will be further subdivided. All super block lots created shall have access to a dedicated public street. Backbone facilities shall be guaranteed prior to approval of the related "A" Map(s). The Applicant shall secure the installation of improvements in a form and amount determined by the City Engineer prior to approval of a master final map. Said master final map shall not be considered the first final map as indicated in the conditions of approval unless said map contains single or condominium multiple family lots shown on a tentative map. CODE REQUIREMENTS 45. The Applicant acknowledges that the City is in the process of amending its Growth Management Program and OrdinanCe, to establish updated development phasing provisions necessary to ensure compliance with adopted threshold standards. In order for the Otay Ranch Village Eleven SPA Project to be consistent with the City's growth management provisions, the Applicant hereby agrees to comply with all amendments to the Growth Management Prograxn and Ordinance in order for the City to approve this Project. Said provisions shall also be included as a condition of approval of the first Tentative Map, and any subsequent tentative maps, within Village Eleven SPA. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH, VILLAGE ELEVEN. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A' attached hereto and described on Chula Vista Tract 01-11, and is commonly known as Otay Ranch, Village Eleven ("Property"); and, WHEREAS, an application to consider a new Sectional Planning Area (SPA) Plan for Village Eleven was filed with the City of Chula Vista Planning and Building Department on June 7, 1999 by New Millenium, Homes II, Inc., and Brookfield Shea Otay LLC, (BSO) has subsequently acquired ownership of New Millennium property thereby becoming the applicant ("Applicant"); and, WHEREAS, the Otay Ranch, Village Eleven Sectional Planning Area (SPA) Plan, Planned Community District Regulations ("Project") are intended to ensure that the Otay Ranch Village Eleven SPA Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP), to implement the City of Chula Vista General Plan for eastern Chula Vista, to promote the orderly planning and long term phased development of the Otay Ranch GDP and to establish conditions which will enable the amended Otay Ranch, Village Eleven area to exist in harmony within the community; and, WHEREAS, the Otay Ranch, Village Eleven SPA Planned Community District Regulations are established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay Ranch Village Eleven SPA Land Use Plan of the Otay Ranch Village Eleven SPA Plan; and, WHEREAS, the Otay Ranch Village Eleven SPA Planned Community District Regulations establishes zoning regulations adjustments to the Single-Family Three, Single-Family Four, Residential Multi-Family One, Residential Multi-Family Two, Community Purpose Facility, Mixed Use, Parks, Open Space, and Schools Zoning Districts located in the Otay Ranch Village Eleven; and, WHEREAS, the Property is also the subject matter of an amendment to the Otay Ranch General Development Plan (GDP) adopted by City Council by Resolution No. .; and, WHEREAS, the Project was included in the environmental evaluation of said amended GDP, which relied in part on the original Otay Ranch General Development Plan Program Environmental Impact Report 90_-01, and the Otay Ranch General Development Plan (GDP) Amendments/Village Eleven SPA Plan Final S econd-Tier Environmental Impact Report ("EIR 01- 02") (SCH#2001031120) and Addendum thereto, the candidate CEQA Findings and Mitigation Monitoring and Reporting Program; and, Ordinance No. Page 2 WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan (PCM-99-15) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. September 26, 2001, and October 17, 2001 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended approval of the Project and said hearing was thereafter closed; and, WHEREAS, a duly noticed public heating was scheduled before the City Council of the City of Chula Vista on the Otay Ranch Village Eleven SPA Plan and adopting the ordinance to approve the SPA Planned Community District Regulations for Otay Ranch Village Eleven; and, NOW, THEREFORE, BE IT RESOLVED TItAT 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 heating held on September 26, 2001, and October 17, 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, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITIt CEQA The City Council hereby finds that the Project, as described and analyzed in the Second-Tier Final EIR 01-02, and Addendum thereto, would have no new effects that were not examined in said Final EIR (Guideline 15168 (c)(2)). III. ACTION The City Council hereby adopts an Ordinance to the Otay Ranch Village Eleven SPA Planned Community District Regulations, finding that they are consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. Ordinance No. Page 3 IV. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption Presented by Approved as to form by Robert Leiter John M. Kaheny Planning and Building Director City Attorney H:\PLANN1NG\Otay_Ranch\Village_l 1 \V1 I_BSO SPA_CC_ORDINANCE.doc Ordinance No. Page 4 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 26~ day of September, 2001, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: 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 26~day of September, 2001. Executed this 26t~ day of September, 2001. Susan Bigelow, City Clerk EASTLAKE TRAILS EASTLAKE EASTLAKE VISTAS GREENS OLYMPIC~ TRAINING VILLAGE CENTER SIX FREEWAY COMMERCIAL VILLAGE SEVEN ~[ PANHANDLE URBAN CENTER UNIVERSITY CHULA VISTA PLANNING AND BUILDING DEPARTMENT PROJECT DESCRIPTION: LOCATOR 'ROJECT CITY OF CHULA VISTA APPLICAN~ PLANNING & BUILDING DEPARTMEN] SECTIONAL PLANNIN(5 AREA (SPA) PLAN AND TENTATIVE SUBDIVISION MAP PROJECT Otay Ranch, Village 11 South of OI mpic Parkwa , East of Easflake Request: Propose a 489-acre site to include 996 single-family lots; 1,308" ADDRESS: parkway, ~V~st of Hunte ~/~rk-way multl-family dwelling units, 5.5~cre community purpose facility;. 11-acre elementaPJ school site- 25.6-ac~e m dde school 8 net acres pubtic park SCALE: FILE NUMBER: sites; 10 acres of mixed use commercial uses; 49 2 acres of open space; NORTH No Scale PCS-01-11 and 66.2 ac~es of circulation. j:\home\planning\cherrTIc\locators\pcs0111 .cd r 8.28.01 CITY COUNCIL AGENDA STATEMENT Item: I~ E Meeting Date: 10/23/01 ITEM TITLE: Public Hearing: PCS 01-11; Consideration of a Tentative Subdivision Map for Village Eleven of Otay Ranch. Applicant: Brookfield Shea Otay. Resolution No. ; Resolution of the City Council of the City of Chula Vista approving a Tentative Subdivision Map for Village Eleven of the Otay Ranch, Village Eleven Sectional Planning Area Plan, Chula Vista Tract 01-11. BY: Director o£ Planning and Building ~/--~ SUBMITTED REVIEWED BY: City Manager ~9~ (4/Sths Vote: Yes No X) Brookfield Shea Otay (BSO) has applied for approval of a tentative subdivision map to subdivide approximately 489 acres of Village Eleven in the Otay Ranch. The tentative map proposes 974 single-family lots, nine multi-family lots containing 1,193 units, in addition to mixed-use, park, school, community purpose facility and other sites authorized by the Village Eleven Sectional Planning Area (SPA) Plan. The conceptual Tentative Map for the project was considered and evaluated in the Final Second Tier Environmental Impact Report (Final EIR 01-02) for the Otay Ranch General Development Plan Amendments/Village 11 SPA Plan and Conceptual Tentative Map. The Environmental Review Coordinator has reviewed the proposed Tentative Subdivision Map and determined that the project would not result in any new environmental impacts that were not previously identified in Final EIR 01-02, nor would the project result in a substantial increase in the severity in any environmental effects not previously identified in Final EIR 01-02. RECOMMENDATION: That the City Council adopt a Resolution approving the Village Eleven Tentative Subdivision Map (C.V.T. 01-11). BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission held a public hearing on October 17, 2001 to consider the Tentative Subdivision Map and voted to recommend approval. Item: ~5 ~ Meeting Date: 10/23/01 Page 2 DISCUSSION: a. Existing Site Characteristics Village Eleven, located at the northeastem section of the Otay Valley Parcel of the Otay Ranch, consists of 499 acres of gently rolling hills, which lead down to Salt Creek through a series of slopes and drainages. The San Diego Aqueduct and the San Diego Gas and Electric easement (a prominent 240-foot wide corridor of the Village Eleven project area) crosses the middle of thc project site from the northwest to the southeast. The planned community of EastLake Greens and the EastLake Land Swap area are located directly to the north of the Project adjacent to Olympic Parkway. The Eastern Urban Center and Freeway Commercial sites (Planning Area 12) are located on the western boundary of the Project separated from Village Eleven by the southern extension of EastLake Parkway. To the south and east of the Project are the portions of thc Otay Ranch Preserve area of Salt Creek and the future location of the University site (Village Ten). b. General Plan, Zoning and Land Use The General Plan designates residential land uses in Village Eleven as Low-Medium Village (LMV) at 3-6 dwelling units per acre, and Medium at 6-11 dwelling units per acre. In addition, there is a Village Core (VC) land use, as well as land uses for parks and recreation, an elementary school and a middle school, all consistent with the land use designations for the Otay Ranch GDP. The Otay Ranch project, within the City, is zoned Planned Community (PC) as are the other master planned communities such as Sunbow and EastLake. Land development regulations are contained in the Planned Community (PC) District Regulations within each master planned community SPA plan. The Village Eleven PC District Regulations establish separate zoning districts for the village land uses as described in the following table: SYMBOL DEFINITION SF3 Single-Family Three: Zoning District which permits single-family housing located on lots with average sizes of 5,000 square feet to 8,000 square feet. SF4 Single-Family Four: Zoning District which permits single-family housing located on lots with average sizes of 3,000 square feet to 4,900 square feet. RMI Residential Multi-Family One: Zoning District which permits housing ranging from 8 units/acre up to 14.9 units/acre including small lot single-family, alley and duplex product types. RM2 Residential Multi-Family Two: Zoning District which permits housing at densities above l 5 units/acre. Item: ~3 ~ Meeting Date: 10/23/01 Page 3 CPF Community Purpose Facility: Zoning District which permits uses which may be established pursuant to the Community Purpose Facilities Ordinance Section of the City of Chula Vista Planned Community Zone District. MU Mixed Use: Zoning District which permits commercial uses such as, but not limited to, retail shops, professional offices and service commercial as further def'med and delineated by the Permitted Use Matrix. Residential uses may be permitted above or connected to the commercial uses. P Park: Zoning District which permits allowable open space and park uses, including public neighborhood parks, pedestrian parks, town squares and private parks. OS Open Space: Zoning District which includes natural and improved open space areas and may include trails or other recreational uses. S 1 Elementary School S2 Junior High School All of Village Eleven is currently a vacant undisturbed area of rolling hills and native habitat. To the north, the future extension of Olympic Parkway separates Village Eleven from the planned community of EastLake Greens and the future EastLake "Land Swap" area. Development in EastLake Greens consists of mostly single-family residential uses. The future Freeway Commercial and Eastern Urban Center of Planning Area 12 are located directly to the west of Village Eleven. This area is also currently undisturbed vacant land. To the south and east of Village Eleven is the future University site (Village 10) and a portion of the Otay Ranch Preserve adjacent to Salt Creek. c. Proposed Plan Land Use The Tentative Map proposes to subdivide Village Eleven (approximately 489 acres) into 974 single- family lots, nine multi-family lots (approximately 105 acres) containing 1,193 units, one 12-acre elementary school site, one 26-acre middle school site, one 9~acre neighborhood park site, one 3-acre private recreation facility, two community purpose facility sites involving 9.3 acres, a 1-acre Town Square site, one 1 O-acre mixed-use site and approximately 51 acres of recreational trails and open space and other amenities. The Otay Ranch General Development Plan allows 2,390 units in Village Eleven. The Village Eleven SPA Plan authorizes 2,304 units for Village Eleven, leaving 86 GDP units left over. The Tentative Map application proposes to utilize 2,282 units, leaving a total of 108 units left over. Item: I~ E Meeting Date: 10/23/01 Page 4 Village Eleven is one of the more constrained villages in the Otay Ranch. The constraints include the following: * The location of utilities in the 240-foot wide utility easement, which bisects the property. The easement contains the San Diego Aqueduct and the San Diego Gas and Electric power lines and natural gas line. Access across the easement is very limited, as is grading in the easement to support the Project. · Topographic changes in elevation across the site from the intersection of EastLake Parkway and Olympic Parkway to Salt Creek (125-foot change) While not necessarily a constraint, other design factors of the village include the approved alignment of Olympic Park~vay (a 6-1and Prime Arterial) and the realignment of Hunte Parkway (a 6-1ane Prime Arterial) and EastLake Parkway (a 6-lane Major Street), which set new boundaries for the village. The location of the utility easement(s), which occupies almost 19 acres and runs through the middle of Village Eleven from north to south, has "split" the village land use plan into essentially two parts. The eastern portion of the village will contain most of the single-family residential lots, as well as a 3.8-acre private (HOA) recreation facility. The western portion of the village will contain the balance of the single-family lots, all of the multi-family developments, several community uses such as parks and schools, as well as the village core containing the mixed-use site. The nearby location of the Eastern Urban Center and Freeway Commercial sites in Planning Area 12 has, in part, influenced the location of the mixed-use area in Village Eleven- the heart of the Village Core, to the xvestern side of the village off Birch Road to provide housing opportunities for the Freeway Commercial and Easter Urban Center according to the Otay Ranch GDP policies. The core area in Village Eleven is based on the "Town Square" concept. A l-acre private Town Square, which is owned and maintained by the Master Homeowners Association but will be publicly used, is intended to serve as a focal point and gathering place for the village core. On the east side of the Town Square is a 5.5-acre Community Purpose Facility (CPF) site as well as a 10-acre elementary school and a 7-acre net public neighborhood park. The mixed-use site in the village core, a 1 O-acre commercial, office and multi-family residential development, is located directly to the west of the Town Square and proposes to contain a grocery store, pharmacy and other retail and commercial office uses. In addition, the mixed-use site proposes 115 multi-family residential units to be integrated into the mixed-use development. Several multi-family developments, a 3-acre private (HOA) recreation facility and a 25-acre middle school site surround the balance of the village core Item: [3 ~ Meeting Date: 10/23/01 Page 5 Circulation Vehicular access to Village Eleven can be made from nine different locations in the Project as provided for in the Village Eleven SPA Plan. The Applicant proposes a series of "Village Entry Streets", "Village Core Promenade Streets" and "Residential Promenade Streets" leading into the village from Olympic Parkway, EastLake Parkway and Hunte Parkway. These streets provide landscaped parkways for street trees and wider sidewalks to promote pedestrian circulation. Two points of access come from Olympic Parkway to the north, three from EastLake Parkway to the west and four from Hunte Parkway to the south and east. The Village Core Promenade Street is 40-feet wide with two 8-foot parking lanes and two 12-foot travel lanes to provide sufficient vehicular movements within the core area. The same streets in SPA One are 32-feet wide. This street (Discovery Falls Circle) provides vehicular circulation to the 25- acre middle school site, multi-family developments, the 5.5-acre CPF site, the 1 O-acre mixed-use site, the 1 O-acre elememary school and the 7-acre public neighborhood park site. Additional multi- family street access will be provided for Neighborhoods R-20 and R-21 when those developments are built. The internal street system is planned around connections to other Residential Promenade Streets and Secondary Village Entries, which lead to the village core. Each of the entries utilize wider 8-foot parkways for street trees and wider sidewalks including a 6-foot sidewalk on one side. This design encourages pedestrian-friendly movement and an inviting streetscape. Consistent with the policies of the Otay Ranch General Development Plan (GDP), a "grid-pattern" street system is proposed to minimize residential cul-de-sacs and provide multiple points of access to the village core or elsewhere outside the Project. Additional internal residential street connections are proposed on the Tentative Map between Neighborhoods R-8 and R-9 that were not depicted in the SPA Plan, creating multiple points of access to other collector streets. On the west side of the village, three cul-de-sacs in Neighborhoods R-13, R-14, R-15 and R-16 have been connected to provide additional vehicular access to those neighborhoods, as well as providing multiple street connections to the village core. Unlike SPA One, each neighborhood in this village has at least two points of vehicular access. The utility easement in the project restricts vehicular access to just two crossings over the easement. These two internal streets will provide needed vehicular access to both "sides" of the village. Vehicular traffic, while important for the circulation in all Otay Ranch villages,'is considered secondary in importance to pedestrian traffic in the village core. Streets are generally designed to be narrower to reduce vehicle speeds, and the use of dead-end cul-de-sacs is discouraged. Speed limits within the village will not exceed a maximum of 25-miles per hour. In addition, "traffic calming" devices such as "roundabouts" and "neckdowns" are significant cimulation design solutions on the ~vider Village Core Promenade streets. Several roundabouts and neckdowns, as well as mid-block Item: 13 ~-~ Meeting Date: 10/23/01 Page 6 crossings are proposed to slow traffic speeds, alert motorist of pedestrians and promote pedestrian- oriented design. Consistent with policies described in the Otay Ranch GDP, neckdowns at intersections encourage pedestrian movement. These neckdowns allow the pedestrian to cross only 24-feet of street, as opposed to 32-feet in SPA One. Off-site street improvements are necessary to provide adequate transportation facilities for the Project and other surrounding planned communities and maintain compliance with the Transportation threshold standards prescribed in the City's Growth Management Program. The same threshold standards that were required of the EastLake III Replanning Program are also required for the Village Eleven Project. A condition has been placed on the Project, as well as other master pIauned communities in the City, that limits building permits until additional traffic capacity has been provided east of 1-805. Grading The proposed grading plan of the ViIlage Eleven Tentative Map is designed to comply with the General Plan and Otay Ranch GDP policies for landform grading. The existing topographic conditions in the Project have resulted in approximately a 125-foot change in elevation across the site from the intersection of EastLake Parkway and Olympic Parkway, on the northwestern boundary to Salt Creek on the south side of the site. This elevation change and the existence of the utility easement provide for only minor slope conditions on the perimeter of the Project adjacent to Olympic Parkway, EastLake Parkway and Hunte Parkway within the development boundary. On the south and east side of Hunte Parkway leading down to Salt Creek, the proposed grading provides undulation and grades that will not exceed a 2:1 ratio, consistent with the landform grading policies of the General Plan and GDP. Unlike the development grading conditions in SPA One, Village Eleven does not contain any large or steep slopes surrounding the perimeter of the development. The change in elevation from Olympic Parkway is somewhat minor, averaging only a 10-foot elevation change down from Olympic Parkway to the finished pads for single-family homes and multi-family development. The location of the village core in the Project is still relatively flat, maintaining a "walkable" community, resulting in fairly level development pads adjacent to EastLake Parkway. There are only a few up- slope conditions adjacent to EastLake Parkway along the 25-acre middle school site and adjacent to three of the multi-family sites. Much of the Village Eleven development adjacent to Hunte Parkway is near or at the same elevation of the roadway. The perimeter slopes in the Project are also included in the 75-foot wide (average) landscape and open space buffers from each of the three roads to the development boundary in the Project. Item: 13 ff Meeting Date: 10/23/01 Page 7 Parks, Trails and Open Space Pedestrian trails in the Project are proposed throughout Village Eleven to connect internal paths to regional trails located on the perimeter of the Project. Two Paseos in Village Eleven provide the prominent connection £or trail opportunities in Village Eleven. Paseos in Village Eleven are proposed to connect the village core area and residential neighborhoods with other "Regional Trails" in the Project. Paseos provide pedestrian, bicycle and electric cart opportunities to connect other pedestrian circulation £acilities. The "Village Pathway", a 15-foot wide hardscape pathway, will connect the Freeway Commercial area o£Planning Area 12 to Village Eleven on the south side o£ Birch Road. This Village Pathway, which allows for pedestrian, bicycle and electric cart travel, eventually connects most village cores in the Otay Ranch. The Village Pathway in Village Eleven will connect to the Pasco located in the core and lead south to the Regional Trail on Hunte Parkway. A Regional Trail system is a City-wide trail system and is a prominent feature in Otay Ranch. Several Regional Trails, which are 8-10 feet wide, are located in the Village Eleven Project and connect two other mai or trail networks - the "Villagc Greenway" and "Chula Vista Greenbelt". The Village Greenway, a significant open space corridor, connects several villages in the Otay Valley Parcel o£the Otay Ranch, and is located along the north side of Hnnte Parkway in Village Eleven. The Village Greenway in Village Eleven is an average of 75 feet wide and contains portions of a Regional Trail facility. Txvo pedestrian bridges are planned for Village Eleven to link the Regional Trails in the Village Greenway along Hunte Parkway and the Chula Vista Greenbelt. One of the pedestrian bridges is planned to cross EastLake Parkway at the intersection of Hunte Parkway and connect the Village Greenway from the Eastern Urban Center in Planning Area 12. This portion of the Village Greenway contains a Regional Trail pathway. A second pedestrian bridge is located at the southern terminus of the western paseo in Village Eleven, and connects a Regional Trail in the Village Greenway to the south side of Hunte Parkway on the University site adjacent to the portion of the Otay Ranch Preserve adjacent to Salt Creek. Additional Regional Trails in the Project link to the Chula Vista Greenbelt. The Chula Vista Greenbelt, which originates from the Otay River Valley, adjacent to Salt Creek, is a regional pedestrian trail system that links other pathways and trails throughout the City of Chula Vista. The Village Eleven Project contains a wide variety of open space areas to promote the overall open space element of Otay Ranch. The Village Greenway provides a 75-foot average open space corridor on the south and east side of the Project along Hunte Parkway. In addition, Olympic parkway also provides a 75-foot average open space corridor to the development in Village Eleven. The 240-foot wide utility easement running through the middle of the village provides a passive open space corridor. There is a total of approximately 49 acres of open space in the Project. Item: I~ ~ Meeting Date: 10/23/01 Page 8 A TO-net acre public neighborhood park (P-l) will be the major public park in Village Eleven. In order to achieve adequate storm water drainage in the Project, the Applicant proposes to run a deep storm drain underneath the neighborhood park site. Typically, the City's policy does not provide for this type of facility under a public park, and the proposed storm drain pipe is deeper than City standards. The average depth of the pipe running through the park site is approximately 23-25 feet. Streets adjacent to the park site are designed at a 5-6% grade (about the maximum grade for "walkability"). Alternative locations for running the storm drains around the park site would have caused unacceptable street grades for a walkable community in the village core. Staff was concerned about maintaining acceptable street grades, providing for adequate drainage and permitted the location of the pipe through the park site. Several conditions have been added to the Tentative Map to ensure the proper installation and maintenance of the deep storm drain including a 30-foot wide easement on the park site for maintenance. This 30-foot wide area running through the length of the park site will not receive park credit. In addition, a 1-acre Town Square in the heart of the village core is proposed to be a focal point for the village core and a central gathering place for residents. This Town Square will be privately owned and maintained by the Master Homeowner's Association (HOA) in Village Eleven, but open to the public. One private (HOA) recreational facility for the Village Eleven residents is planned on the west side of the village just to the north of the elementary school and CPF- 1 site. This site is a 3- acre facility. Consistent with the requirements of the Otay Ranch Resource Management Plan, the Village Eleven Project will convey land to the Otay Ranch Preserve. The development of one acre of land in Otay Ranch requircs a conveyance of 1.188-acres of land to the Otay Ranch Preserve with the approval of each Final Subdivision Map. Pursuant to the requirements, the Village Eleven obligation is 455.0 acres of land to be dedicated to the Otay Ranch Preserve. The 455 acres conveyed to the Preserve will all be within the City's jurisdiction in the Salt Creek corridor. This will be the first conveyance of land to the preserve that is within the City limits. The conveyance may occur in the University portion of Salt Creek or adjacent to Village Eleven. Community Purpose Facility The Tentative Map for Village Eleven will fulfill the CPF obligation as required in the SPA Plan by providing two CPF facilities - a 5.5-acre facility (CPF-1) in the village corn and a 3.8-acre facility (CPF-2) on the eastern side ofthe village. The 5.5-acre facility in the village core will most likely be developed as a religious facility with a day care center. An additional 3.8-acre private recreation facility, currently proposed with a clubhouse and switmning pool complex, is planned for the eastern portion of the village to serve the residents. Brookfield Shea Otay has requested CPF credit for the 3.8-acre site as a "private recreation facility" since it will be owned and maintained by a Master Homeowner's Association - a non-profit organization. This site (3.8 acres) would satisfy the remaining obligation for the village's CPF requirement. Staffbelieves that the privately maintained Item: I'~ ~_- Meeting Date: 10/23/01 Page 9 recreation facility, as described above qualifies as a CPF land use under the zoning ordinance. An informational item will be brought to the City Council in the fitture, which describes the City's intention to develop a policy in order to provide guidance for other planned communities regarding the allowance for CPF credit for privately maintained recreational uses. Residential Neighborhoods The Tentative Map proposes 16 neighborhoods designed for varying densities of single-family residential land use. Neighborhoods R-1 through R-10 are proposed east of the easement. Neighborhoods R-I 1 through R-16, the remaining single-family neighborhoods, are proposed west of the easement. Average lot sizes for single-family homes range from approximately 4,200 square feet to approximately 9,500 square-feet. Design requirements have been included in the SPA Plan to address City Council concerns regarding side yard setbacks for single-family neighborhoods. Second-story setbacks on homes have been increased and are required on 33% of each single-family neighborhood. In addition, rear elevations of building architecture in single-family neighborhoods located along the perimeter of the village adjacent to Olympic Parkway and Hunte Parkway will be addressed through the SPA Plan Design Review requirements. Neighborhoods R-17 through R-25, as well as the mixed-use site, are multi-family neighborhoods and are located west of the easement. Unlike Villages One and Five in SPA One, Village Eleven is not a village served by the trolley. Village Eleven is an urban village and is planned for transit- oriented development. Consequently, densities in multi-hmily units in the Village Eleven core are not as high as those in Villages One and Five. Multi-family densities in Village Eleven range from 8 units per acre (similar to an alley product) to 25 units per acre (similar to 3-story apartments). Most of the multi-family densities range from between 12-16 units per acre. The Tentative Map proposes the following densities in each of the single-family and multi-family residential neighborhoods: Item: I~ C Meeting Date: 10/23/01 Page 10 NEIGHBORHOOD LAND USE TENT. MAP TM DWELLING TARGET AVG. LOT AREA ACREAGE UNITS DU'SIAC SIZE (SQ. FT.) R-1 SF 19.4 156 8.0 4,978 R-2 SF 10.6 47 4.4 9,050 R-3 SF 11.1 46 4.1 9,433 R-4 SF 8.4 54 6.4 7,588 R-5 SF 5.7 34 6.0 7,179 R-6 SF 6.2 38 6.1 6,929 R-7 SF 8.6 67 7.8 5,506 R-8 S F 8.2 58 7.1 6,083 R-9 SF 8.6 60 7.0 6,139 R-10 SF 13.2 89 6.7 6,228 R-11 SF 7.5 34 4.5 6,582 R-12 SF 8.3 57 6.9 5,975 R-13 SF 8.5 54 6.4 6,708 R-14 SF 7.7 54 7.0 6,118 R-15 SF 7.1 67 9.4 4,569 R-16 SF 5.8 59 10.2 4,247 SUBTOTAL I SF I195'8 I 974 I N/A R-17 MF 16.2 118 7.4 R-18 MF 8.5 125 12.5 R-19 MF 12.9 167 18.0 R-20 MF 9.6 78 7.4 R-21 MF 11.9 112 12.5 R-22 MF 8.2 105 15.0 R-23 MF 16.7 119 7.4 R-24 MF 12.5 169 15.0 R-25 MF 8.8 200 25.0 SUBTOTAL MF 105.3 1,193 N/A MU MU 10.0 115 11.5 TOTAL RES. 311.1 2,282 N/A Item: I~ I~ Meeting Date: 10/23/01 Page 1.~. d. Analysis The proposed Tentative Map £or Village Eleven is consistent ~vith and implements the approved General Development Plan (as amended) as well as the Village Eleven SPA Plan policies. The Tentative Map has addressed previous City Council concerns regarding vehicular access, narrower streets and multiple points of access to each neighborhood. Vehicular access has been improved on the Tentative Map with a significant reduction of cul-de-sacs and the addition o£ street connections in Neighborhoods R-8, R-9 and R-13 tl~ough R-I6. With the additional street connections, the village circulation incorporates a "grid-street" pattern consistent with the policies described in the Otay Ranch GDP, and consistent with the needs as expressed by the Fire and Police Departments. The Village Core Promenade street in the village core has increased in width to 40 £eet to provide sufficient vehicular movements to a variety of land uses including the two schools, the mixed use site, several multi-family neighborhoods and the park site. Although the Village Core Promenade street is wider, traffic calming designs such as roundabouts and neckdowns have been added to this street to slow vehicle speeds and create a sense o£ vehicle "friction". The neckdowns will provide pedestrians a short street crossing ~vithin the village core. e. Conclusion Staff believes that the proposed Tentative Map lbr Village Eleven is consistent with the approved Otay Ranch GDP and Village Eleven SPA policies and recommends approval of the Tentative Map subject to the Conditions of Approval (see Council Resolution, Exhibit 'B'). The City Attorney's office has reviewed the Tentative Map Conditions of Approval and believe that they meet the requirements of the Subdivision Map Act and have approved them as to form. FISCAL IMPACT: The cost associated with processing the project is covered by the applicant's deposit account. Attachments I. Locator Map 2. Tentative Subdivision Map (C.V.T. 0 I-11) 3. Planning Commission Resolution (PCS-01 - 1 I ) 4. Disclosure Statement EASTLAKE TRAILS EASTLAKE EASTLAKE VISTAS GREENS OTAY RANCH OTAY RANCH VILLAGE FREEWAY ELEVEN COMMERCIAL ? VILLAGE PANHANDLE' SEVEN ,¢~ EASTERN &% URBAN \ ,~. CENTER \ ~ ~.- OTAY ~CH UNIVERSITY CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT Cl~ OF CHULA VISTA PROJECT DESCRIPTION: APPLICANT PLANNING & BUILDING DEPARTMEN SECTIONAL PLANNING AREA (SPA) PLAN PROJECT Otay Ranch, Village /1 AND TENTATIVE SUBDIVISION MAP South of al mpic Parkwa , East al Eastlake Request: Propose a 489-acre site to include 996 single-family lots; 1,308 ADDRESS: Parkway, ~st of Hunte ~arkway multi-family dwelling units; 5.5-acre community purpose facility; 11-acre elementap/school site; 25.6-acre middle school 8 net acres public park SCALE: FtLE NUMBER: sites; 10 acres of mixed use commercial uses; 49.2 acre~; of open space; NORTH No Scale PCS-01-11 and 66.2 acres of circulation. j:\home\p[anning\cherrylc\locators\pcs0111.cdr 8.28.01 ATTACHMENT #1 RESOLUTION NO. PCS-01-11 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENTATIVE SUBDIVISION MAP FOR VILLAGE ELEVEN OF THE OTAY RANCH, VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN, CHULA VISTA TRACT 01-11. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. __ and described on Chula Vista Tract 01-11, and is commonly known as Otay Ranch, Village Eleven ("Property"); and, WHEREAS, Brookfield Shea Otay, LLC (BSO) ("Applicant") filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as "Otay Ranch Village Eleven, Chula Vista Tract 01-11", ("Project"), with the Planning and Building Department of the City of Chula Vista on June 15,2001; and, WHEREAS, the application requests the approval for the subdivision of approximately 489 acres of land known as "Otay Ranch, Village Eleven" located at the eastern edge of the Otay Valley Parcel, between the future extension alignment of Hunte Parkway, Olympic Parkway and Eastlake Parkway; and, WHEREAS, the Project is also the subject matter of the Otay Ranch General Development Plan (GDP), as amended, originally approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on October 16, 2001, by Resolution No. ("GDP Resolution") wherein the City Council, in the enviromnental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH #9010154 ("Program E1R 90-01"); and, the Otay Ranch General Development Plan (GDP) Amendments/Village Eleven SPA Plan Final Second-Tier Environmental Impact Report ("Final EIR 01-02") (S CH#2001031120), the candidate CEQA Findings and Mitigation Monitoring and Reporting Program; and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and has determined that the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in Final EIR 01-02. Only minor technical changes or additions are necessary and none of the conditions requiring preparation of a subsequent or supptmnental EIR, as identified in Sections 15162 and 15163 exist; therefore, an addendum to the Village Eleven SPA Plan Final EIR 01-02 was prepared in accordance with State CEQA Guidelines Section 15164 and adopted pursuant to Resolution No. (PCS-01-11 ); and, WHEREAS, the Planning Commission set the time and place for a hearing on said "Tentative Map, Otay Ranch Village Eleven, Chula Vista Tract 01-1 l", (PCS-01-02) and notice of aid hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. October l 7, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said heating was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has determined that the Otay Ranch Village Eleven Tentative Subdivision Map (C.V.T. 01-11) is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving Otay Ranch Village Eleven Tentative Map involving 489 acres of land known as "Otay Ranch, Village Eleven" located at the eastern edge of the Otay Valley Parcel, between the future extension alignment of Hunte Parkway, Olympic Parkway and Eastlake Parkway in accordance with the findings contained in the attached City Council Resolution No. .; and, And that a copy of this resolution be transmitted to the owners of the property and the City Council. TI-IF T~Y OF CHULA VISTA DISC'LOSLrR~ ~TE~E~cr Yuu are r~quirad ~0 rile a Sl,~:mc~ ~ r Dbck~sure o~ uert'., n O,,unci's~j er ' .'- , ~nlmc[, e.j., o~ncr, ap~li~nt. ~ntraclur, sub.director, m~t~uJ supplien B~ookfield Ot~y ~Lc, ~ Delaware ~ea Ot~y Vi~age ~l, LLC, a limited _liabilit~y ~ Califo~i~limited liability comp N/A : 3, [f ~ny ~c~o~' Jde~dfi~d ~urxu~[ LO (I) ~bo~e js non-~ofi{ or~aQJ~LjO~ or ~ [r%~l, (JsJ Lhc names of ~v pc~c ~ ~/A Flhtc /dc~lify e~ch ~nd evc~ pcrso~, I~cJud[a~ ~ny agent, emp oy~s c;)nsul~nt:~, or indcp~odcnt 2oh~ No~, S~e~e Doyle Geoco~~ AssoclaAes ~lli~ Hezm~halch Architects fnc. L~, Concern, ~ilson 5nginee~ing Hunsak~z ~ Associates_ Tezri Barker ~ ~ cclidn p~riud? Y~ ~n A [[y~, slala Which ~uncJlmember(s): ~' ~ - J,imi~ed ~iabil~ c~an7 ~~~r~ o(~n~mc,ur/appli~m ~ '~~, Vice ~ ~dm ot ~e ~e o{ ~ntractor/appli~n~ /~ ~t~ S]L4OH (]q]IJ~OO~8 LJag~:~ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR VILLAGE ELEVEN OF THE OTAY RANCH. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and described on Chula Vista Tract 0t-1 l, and is commonly known as Otay Ranch, Village Eleven ("Property"); and, WHEREAS, Brookfield Shea Otay, LLC (BSO) ("Applicant") filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as "Otay Ranch Village Eleven, Chula Vista Tract 01-11", ("Project"), with the Planning and Building Department of the City of Chula Vista on June 15, 2001; and, WHEREAS, the application requests the approval for the subdivision of approximately 489 acres of land known as "Otay Ranch, Village Eleven" ("Project") located at the eastern edge of the Otay Valley Parcel, between the future extension alignment of Hunte Parkway, Olympic Parkway and Eastlake Parkway; and, WHEREAS, the Property is also the subject matter of an amendment to the Otay Ranch General Development Plan (GDP) adopted by City Council by Resolution No. ; and, WHEREAS, the Project was included in the environmental evaluation of said amended GDP, which relied in part on the original Otay Ranch General Development Plan Program Environmental Impact Report 90-01, and the Otay Ranch General Development Plan (GDP) Amendments/ Village Eleven SPA Plan Final Second-Tier Environmental Impact Report ("EIR 01-02") (SCH#2001031120) and Addendum thereto, the candidate CEQA Findings and Mitigation Monitoring and Reporting Program; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch, Village Eleven Tentative Subdivision Map (C.V.T. 01-11) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the heating; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. September 26, 2001, and October 17, 2001 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended approval of the Project and said hearing was thereafter closed; and, Resolution No. Page 2 WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on the Otay Ranch, ~illage Eleven Tentative Subdivision Map; and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on October 17, 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, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Second-Tier Final EIR 01-02, and Addendum thereto, would have no new effects that were not examined in said Final EIR (Guideline 15168 (c)(2)). IlL ACTION The City Council hereby approves the resolution approving the Otay Ranch, Village Eleven Tentative Map, Chula Vista Tract 01-11 involving 489 acres of land known as "Otay Ranch, Village Eleven" in this resolution, finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Village Eleven SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. TENTATIVE SUBDIVISION MAP FINDINGS Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Otay Ranch Village Eleven Tentative Subdivision Map (C.V.T. 01-11)" as conditioned, attached as Exhibit "B" to this resolution, hereto for Brookfield Shea Otay, LLC (BSO), is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Village Eleven Sectional Planning Area (SPA) Plan, based on the following: Resolution No. Page 3 1. Land Use The Project is in a planned community that provides single-family and multi-family residential uses, mixed-use, parks, schools, community purpose facilities and open space and other uses authorized by the Village Eleven Sectional Planning Area (SPA) Plan. 2. Circulation All of the on-site and off-site public and private improvements required to serve the subdivision are part of the project description or are conditioned consistent with the Otay Ranch General Development Plan, and the Village Eleven SPA Plan. The Applicant shall construct those facilities in accordance with City and Otay Ranch Village Eleven SPA Plan standards. 3. Housing An affordable housing agreement between the City and BSO (Master Developer) will be executed subsequent to the approval of the Tentative Map and is applicable to subject Project providing for low and moderate income households. 4. Parks, Recreation and Open Space Parks, recreation and open space will be conditioned under Tentative Map conditions to provide local Neighborhood parkland on~site and dedicate additional local Community parkland (Applicant obligation) for the Project elsewhere in Otay Ranch. Construction of parkland and open space and programmable recreation facilities are the responsibility of the Applicant. 5. Conservation The Program EIR and FEIR's addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. The Otay Ranch Phase Two Resource Management Plan requires conveyance of 1.18 acres of land to the Otay Ranch Preserve for every one-acre of developed land prior to approval of any Final Map. I..8 :- Resolution No. Page 4 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project according to the Otay Ranch Village Eleven SPA Geotechnical Reconnaissance Report. 7. Public Safety All public and private facilities are expected to be reachable within the threshold response times for fire and police services. 8. Public Facilities The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major projects in the eastern territories. 9. Noise The Project may include noise attenuation walls under review in an acoustic study currently being prepared for the Project. In addition, all units are required to meet the standards of the Uniform Building Code with regard to acceptable interior noise levels. 10. Scenic Highway The roadway design provides wide landscaped buffers along Olympic Parkway the only General Plan, GDP/SRP scenic highway adjacent to the Project. 11. Bicycle Routes The Project is required to provide on-site bicycle routes on the Project as indicated in the regional circulation system of the General Plan and the Otay Ranch GDP. Resolution No. Page 5 12. Public Buildings Public buildings are not proposed on the Project site as part of the community purpose facility locations. The Project is subject to appropriate residential fees prior to issuance of building permits. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. V. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "B", attached hereto. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert Leiter John M. Kaheny Planning and Building Director City Attorney EASTLAKE TRAILS EASTLAKE EASTLAKE VISTAS GREENS OTAY RANCIt ~,?C~N~Ti~R~ OTAY RANCH FREEWAY VILLAGE COMMERCIAl ELEVEN VILLAGE ~ SEVEN ~ PANHANDLE URBAN CENTER OTAY RANCH UNIVERSITY CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT CI"~Y OF CHULA VISTA PROJECT DESCRIPTION: APPLICANt. PLANNING & BUILDING DEPARTMEN1 SECTIONAL PLANNING AREA (SPA) PLAN PROJECT Otay Ranch, Viltage 11 AND TENTATIVE SUBDIVISION MAP ADDRESS: Parkway,S°uth of Ol,~/Yer s tmpicof ParkWaHunte ~arkway' Eas1 of Easilake multi-familyRequest: PropoSedwellinga 489-acreunits; 5.5-acreSite tOcommunityinclude 996purposeSingle4amilYfacility;lots;11_ac;e1,308 elementary school site; 25.6-acre middle school 8 net acres public park SCALE: FILE NUMBER: sites; 10 acres of mixed use commercial uses; 49.2 acres*of open space; NORTH No Scale PCS-01-11 and 66.2 acres of circulation. ' j:\home\plannin§\cherrylc\locators\pcs0111 .cdr 828.01 EXHIBIT "A" Exhibit "B" Village Eleven Tentative Subdivision Map (C.V.T. 01-1 l) CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to the related final map as determined by the Director of Planning and Building and the City Engineer (b) unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL/PRELIMINARY 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the hei. rs, successors, assigns and representatives of,the Developer as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant". (Planning) 2. The Applicant shall comply with all requirements and guidelines o£the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual, Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase I and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan and supporting documents including: Village Eleven Public Facilities Finance Plan; Village Eleven Parks, Recreation, Open Space and Trails Plan; Village Eleven SPA Affordable Housing Plan and the Non-Rene~vable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. (Planning) 3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified I 0 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. (Planning) 4. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. (Planning) 5. The applicant shall comply with all applicable Village Eleven SPA conditions of approval, (PCM 99-I 5) as may be amended from time to time. (Planning) 6. Prior to the approval of the first map for the Project, Applicant shall prepare and submit, to the satisfaction of, and as deemed necessary by the Director of Planning and Building, an updated Sectional Planning Area (SPA) Plan, and supporting regulating documents including, hut not limited to text, exhibits, and tables for the Village Eleven SPA Plan; Plam~ed Community District Regulations; Village Design Plan; Public Facilities Finance Plan; Affordable Housing Plan Air Quality Improvement Plan; Water Conservation Plan; Non-Renewable Energy Conservation Plan; Parks, Recreation, Open Space and Trails Plan; and applicable environmental documents. (Planning) 7. Any and all agreements that the applicant is required to enter in herefinder, shall be in a form approved by the City Attorney. (Planning) 8. The terms, conditions and time limits associated with this tentative map shall be consistent with the Land Offer Agreement approved by Resolution No. 2000-116 by the City Council on April 11, 2000 ("Land Offer Agreement") and as amended on August 7, 2001. The Developer and City of Chula Vista hereby agrees to comply with the provisions of the Land Offer Agreement and all Amendments thereto, and to remain in compliance with the entire Land Offer Agreement and Amendments for the life of the Agreement. Prior to the first final map for the Project, Applicant shall convey all land in a manner consistent with and in accordance with the Land Offer Agreement. (Planning) 9. A reserve fund program has been established by Resolution No. 18288 for the funding of the Fiscal Impact of New Development (F.I.N.D.) Model for the Otay Ranch Project. The Applicant shall provide funds to the Reserve Fund as required by the Reserve Fund Program. Pursuant to the provisions of the Growth Management Ordinance'and the Otay Ranch General Development Plan (GDP), the Applicant shall participate in the funding of the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs in the Project and is to be completed during the second quarter of the following fiscal year. The annual 2 report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP. (Planning) 10. Prior to approval of fire first map, Developer shall enter into an agreement with the City of Chula Vista, wherein Developer acknowledges and agrees that, prior to the constructio~ of SR-125, the City shall stop issuing new building permits for Village 11 when the City, in its sole discretion, determines either: a. Building permits for a total 9429 dwelling units have been issued for projects east ofi-805 (the start date for counting the 9429 dwelling units is January 1, 2000); or, b. An alternative measure is selected by the City in accordance with the City of Chula Vista Growth Management Ordinance. Developer shall also acknowledge and agree that notwithstanding the foregoing thresholds, the City may issue building permits if the City decides, in its sole discretion, that any of the fbllowing has occurred: 1) traffic studies demonstrate, to the satisfaction of the City Engineer, that the circulation system has additional capacity without exceeding the GMOC traffic threshold standards; 2) other improvements are constructed which provide additional necessary capacity; or 3) the City selects an alternative method of implementing the GMOC ' standards. These traffic studies would not require additional environmental review under CEQA; however, any-improvements proposed in these traffic studies would be subject to additional environmental reviews as required. The above noted agreement shall run with the entire land contained within the Project. (Engineering) 11. The applicant shall comply xvith the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"). (Planning) 12. Should any of these conditions conflict with the Olympic Parkway Financing and Construction Agreement approved by Council Resolution 19410, the Olympic Parkway Financing and Construction Agreement shall control. (Planning) ENVIRONMENTAL 13. The Applicant shall implement, to the satisfaction of the Director of Planning and Building, ail environmental impact mitigation measures identified in' Final EIR 01~02 (SCH#2001031120), the candidate CEQA Findings and Mitigation Monitoring and Reporting Program (Final EIR 01-02) for this project. (Planning) 14. The Applicant shall comply with all applicable requirements oftheCalifornia Department ofFish and Game, the California State Water Resources Quality Control Board, the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers. Prior to any activity that may potentially impact biological resources, such as cleating and grubbing, the 3 applicant shall comply with all applicable requirements prescribed in the Otay Ranch GDP/Village Eleven Environmental Impact Report EIR 01-02 (SCH#2001031120), and Mitigation Monitoring and Reporting Program. (Planning) 15. The Applicant shall apply for and receive a take permit/authorization from the U.S. Fish and Wildlife Service and Califomia Department ofFish and Game, or comply with the approved City of Chula Vista MSCP Subarea Plan, whichever is applicable to the Project. (P/tvr~g~ 16. Prior to the approval of each final "B" map, the Applicant shall comply with all requirements and policies of the Otay Ranch Resource Management Plan (RMP) as approved by City Council on October 28, 1993, and Otay Ranch, Phase 2 Resource Management Plan (RMP2) as approved by City Council on June 4, 1996, and as may be amended from time to time by the City. (Planning) 17. The applicant shall comply with the requirements and policies of the Otay Ranch Resource Management Plan "Preserve Conveyance Schedule" as approved by City Council on June 4, 1996, as may be amended from time to time. (Planning) I8. Simultaneously with conveyance of land to the POM in fee title or by easement, the Applicant shall cease all cattle grazing on the land to be conveyed. In addition, the Applicant shall ensure through the maintenance of existing fencing or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City, that cattle from adjacent areas cannot access the land being conveyed. (Plann'ing) 19. Prior to the approval of each final "B" map for the Project, Applicant shall comply with all requirements of the Village Eleven SPA Plan Edge Plan and Agricultural Plan. (P/t~ 20. Prior to the approval of the first "A' map for the Project, the Applicant must submit and obtain approval of an application to annex Village Eleven into C.F.D. 97-02 for the maintenance, management, and monitoring of the Otay Ranch Preserve per the requirements of the Otay Ranch Resource Management Plan, Phase 2. (Planning) 21. Prior to the issuance of the first mass grading permit (including clearing and grubbing) for the Project, the Applicant shall comply with the requirements of the RMP, Phase Two, Range Management Plan to the satisfaction of the Director of Planning and Building. (Planning) 22. The Applicant shall convey fee title, or upon the consent of the Pres[rve Owner/Manager (POM) and any lien holder, an easement restricting use of the land to those permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the Preserve. Where an easement is conveyed, the Applicant shall be required to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Applicant shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of 4 the POM shall also be conveyed, and each tentative map shall be subject to a condition that the Applicant shall execute a maintenance agreement with the POM stating that it is the responsibility of the Applicant to maintain the conveyed parcel until the Habitat Maintenance District has generated sufficient revenues to enable the POM to assume maintenance responsibilities. Where an easement is granted, each tentative map is subject to a condition that fee title shall be granted upon demand by the POM. The Applicant shall irrevocably offer for dedication to the City or its designee, fee title, upon the recordation of each final map for an amount o£1and equal to the final map's obligation to convey land to the Preserve. The Applicant shall maintain and manage the conveyed parcel until the Preserve Community Facilities District (CFD) has generated sufficient revenues to enable the POM to assume maintenance and management responsibilities. (Planning) 23. Upon request of the Director of Plmming and Building, applicant shall execute a maintenance agreement with the City or its designee for the Otay Ranch Preserve. (Planning) 24. Prior to issuance of all grading permits or any other grant of approval for any landform modification, the applicant shall identify and protect to the satisfaction of the Director of Planning and Building areas of native vegetation, which shall remain undisturbed pursuant to the MSCP, as applicable to the Project. (Planning) SPECIAL CONDITIONS OF APPROVAL 25. The following conditions of approval are based upon the project haglng multiple Final Maps for the entire subdivision, which shall be referenced hereinafter as "Final 'B' Maps". A Final "B" Map is defined as a final subdivision or parcel map, filed in accordance with the Subdivision Map Act and the Chula Vista Municipal Code, which proposes to subdivide land into individual single or multi-family lots, or contains a subdivision of the multi-family lots shown on the Tentative Map. The "B" Map shall be in substantial conformance with the related approved final "A" Map. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's reasonable satisfaction prior to approval of the first Final 'B' Map. (Engineering) 26. Prior to approval of the first final "B" map within the tentative map, the developer shall submit and obtain the approval of the City ora master final map ("A" Map) over the portion of the tentative map within each area showing "super block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" map shall also show open space lot dedications, the backbone street dedications and utility easements required to serve the "super block" lots created by this "A" Map. All "super block" lols created by this "A" Map or parcel map shall have access to a dedicated public street. A lot line adjustment, if utilized in accordance with City standards and procedures, shall not be considered the first "A" Map. The ap may contain single-family residential umts. (Engineering) 27. The subsequent development of a multi-family lot which does not require the filing ora "B" map shall meet, prior to issuance of a building permit for that lot, all the applicable 5 conditions of approval of the tentative map, as determined by the City Engineer. (Engineering) 28. In the event of a filing of a final 'B' map which requires oversizing of the improvements necessary to serve other properties within the Project, said final map shall be required to install all necessary improvements to serve the project plus the necessary oversizing of facilities required to serve such other properties (in accordance with the restrictions of state law and City ordinances). (Engineering) DESIGN 29. Any proposed monumentatiorffsignage shall be consistent xvith the Village Eleven SPA Village Eleven Design Plan and shall be reviewed and approved by the Director of Plarming and Building prior to approval of the appropriate final map. (Planning) 30. In addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each 1,500 square feet of slope area, one 1-gallon or larger size shrub per each I00 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and approved by the Director of Planning and Building prior to approval of the appropriate final map. (Planning)- ~ 31. Public residential street parkways shall be no less than 7.5 feet in width for the planting area. The Applicant shall plant trees within said parkways which have been selected from the list of appropriate tree species described in the Village Eleven Design Plan and approved by the Directors of Planning and Building, Parks and Recreation and Public Works. The Applicant shall provide root barriers and deep watering irrigation systems for the trees. An irrigation system shall be provided from each individual lot to the adjacent parkway. As a condition of approval of each final map for the applicable neighborhood, the Applicant shall be required to submit Improvement Plans for the residential street parkways for revie~v and approval by the City Engineer, Director of Parks and Recreation and Director of Planning and Building. (Planning) 32. The Applicant shall install all street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Street trees, which have been selected from the revised list of appropriate tree species described in the Village Design Plan, shall be approved by the Director of Planning and Building and Director of Public Works. Prior to the installation of any dry utilities, including but not limited to cable, telephone, gas or electric lines, Applicant agrees to complete preliminary street improvement plans that show the location of all future street trees, which will be subject to the review and approval of the Director of Parks & Recreation and the Director of Planning & Building. Prior to any utility installation, wood stakes shall be placed by the Applicant on site according to approved preliminary street tree plans and shall be painted a bright color and labeled as future street tree location. Applicant further agrees to provide City documentation, acceptable by the Director of Parks and Recreation and the Director of Planning and Building, that all utility companies have been given notice that no dry utility line shall be located within five feet of the wood stake in any direction. Applicant will maintain street tree identification stakes in location as shown on approved preliminary plans until all dry utilities are in place. The Applicant shall provide root control methods per the requirements of the Director of Planning and Building, and provide a deep watering irrigation system for the trees. A street tree improvement plan shall be submitted for review and subject to the approval of the Director of Planning and Building and the City Engineer prior to or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the selection of street trees for the street parkxvays. (Engineering, Planning, Parks and Recreation) 33. A comprehensive wall plan for the Project, indicating color, materials, height and location shall be reviewed and approved by the Director of Planning and Building prior to approval of the first final "B" Map for the Project. Materials and color used shall be compatible and all walls located in corner side-yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a decorative masonry and/or wrought iron material. An acoustical analysis indicating if view fencing, such as a combination of masonry and wrought iron, tubular steel or similar, is allowed within the Project, shall be prepared prior to submittal of the wall plan indicated above. If such fencing is allowable per the final acoustical analysis it shall be provided at the ends of such street§ as determined by the Directors of Public Works and Plunning and Building. View fencing shall be provided at the ends of all other open cul-de-sacs where a sound wall is not required. Any combination free standing/retaining walls shall not exceed 8.5 feet in visible height. Visible height of free- standing fences or walls from public right-of-way shall not exceed 6-feet in height. The applicant shall submit a detail and/or cross section of the maximun~minimum conditions for all "combination walls" which include retaining and free standing walls. Said detail shall be reviewed and approved by the Director of Planning and Building prior to the approval of the first final "B" map. The maximum height of all retaining walls shall be 2.5 feet in height when combined xvith freestanding walls, which are six feet in height. A 2-3 foot separation shall be provided between free standing and retaining walls where the combined visible height would otherwise exceed 8.5 feet. (Planning) 34. Prior to the issuance of building permits for ail 60 foot wide lots (60x 100) in Neighborhoods R-2 and R-3 in the Project, the developer shall limit the number of single-family front street- facing three-car garage door products to a maximum of 23 lots (cumulative total) in Neighborhoods R-2 and R-3 as depicted on the Tentative Map, subject to the approval of the Director of Planning and Building. The developer shall not provide said three-car garage door product design on more than two (2) of the 23 lots (cumulative total), which contain street frontage on Crossroads Street, as depicted on the Tentative Map, subject to the the approval of the Director of Planning and Building. Three-car side-entry garages are prohibited in the Project. Residences designed with split garages, as described in the Project's Village Design Plan, which provide for doors for three-car garages, shall be subject to the review and approval of the Director of Planning and Building. 35. The developer shall install public facilities in accordance with the Otay Ranch Village Eleven SPA, Public Facilities Finance Plan (PFFP) as may be amended from time to time or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. (Engineering, Planning) PUBLIC FACILITIES~ UTILITIES, IMPROVEMENTS AND PHASING (Streets, Transit, Sewer, Water~ Drainage, Grading) 36. Developer shall dedicate for public use all the public streets shown on the tentative map within the subdivision boundary. Prior to the approval of the first "A" map, the applicant shall construct or enter into an agreement to construct and secure all street improvements as required by the PFFP, for each particular phase, as may be amended from time to time. The Developer shall construct the public improvements and provide security satisfactory to the City Engineer and City Attorney. (Engineering) 37. Construct a protective fencing system around all proposed permanent detention basins, and the inlets and outlets of storm drain structures, as and when directed by the City Engineer. The final fencing design and types of construction materials shall b~ subject to approval of the City Engineer. (Engineering) 38. Construct energy dissipaters at all storm drain outlets as required by the City Engineer to maintain non-erosive flow velocities. (Engineering) 39. Prior to approval of each final map, acquire and then grant to the City all off-site rights-of- way and easements necessary for the installation of required street improvements and/or utilities. (Engineering) 40. Applicant shall secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the construction and/or construct full street improvements for all on-site and off- site streets as identified in the Otay Ranch Village Eleven SPA PFFP, as may be amended from time to time as deemed necessary to provide service to the subject subdivision. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilitieS, drainage facilities, street lights, traffic signals, signs, landscaping, irrigation, fencing and fire hydrants. Street light locations shall be subject to the approval of the City Engineer. (Engineering) 41. Street Improvement Plans fbr Hunte Parkway, shall provide for street lights on Hunte Parkway, adjacent to the Otay Ranch Preserve which shall include cut-off glare-control devices to direct illumination away from the Preserve area adjacent to Salt Creek to the satisfhction of the City Engineer and the Director of Planning and Building. (Planning) 42. The amount of the security for required improvements shall be ! 10% times a construction cost estimate approved by the City Engineer if improvement plans have been approved by the City, 150% times the approved cost estimate if improvement plans are being processed by the City or 200% times the construction cost estimate approved by the City Engineer if improvement plans have not been submitted for City review. A lesser percentage may be required if it is demonstrated to the satisfaction of the City Engineer that sufficient data or other information is available to warrant such reduction. (Engineering) 43. Upon: 1) approval of the final map that triggers the Cumulative DU's, ("Table 'A'") below; or, 2) approval of the first map for a specific Planning Area, (Table'B'") below, whichever occurs earlier, consistent with the Village Eleven PFFP, as may be amended from time to time, Developer shall construct or enter into an agreement to construct and secure, in accordance with Section 18.16.220 of the Municipal Code, the required street improvements: (Engineering) Table "A" Village 11 Public Facilities Matrix Public facilities required to be constructed by Village 11 and cumulative unit triggers Facility Description Roadway Unit · Triggers (DU) 1 Olympic Parkway, SR 125 to Hunte Pkwy 1 2a Eastlake Parkway, SDG&E Easement to Olympic Pkwy 1856 2b Eastlake Parkway, Olympic Parkway to North Village Entry 1 2c Eastlake Parkway, North Village Entry to Birch Dr. 533 2d Eastlake Parkway, Birch Road to Hunte Pkwy 1446 3 Birch Road, La media Road to Eastlake Parkway 1856 4a Hunte parkway, Olympic Parkway to North project Access 1 4b Hunte Pkwy., North Project Access to south of SDG&E easement 1446 4c Hunte Pkwy., North of SDG&E easement to Eastlake Parkway 1446 5 La Media Road: Birch Road to Olympic Pkwy 1856 6 Internal link betwveen R-1 and R-11 533 7 Otay Lakes Road, E. H street to Telegraph Cyn Rd. (widen to 6 lanes if SR-125 is not constructed prior to 2005) 944 9 Table "B" Village 11 Specific Planning Area Triggers ~hase Neighborhood Roadway required for Access Area Roadwa~y ("A") or Frontage ("F") I R-7 1, 4a A, F 1 R-4 l, 4a A, F I R-2 1, 4a A, F 1 P-2 1,4a A I R-1 1, 4a A, F 1 R-20 1, 2b A, F 1 R-23 1, 2b A, F 2 R-24 1, 2b, 2c, 6 A, F 2 R-25 1, 2b, 2c, 6 A, F 2 R-21 I, 2b, 2c, 6 A 2 R-22 1, 2b, 2c, 6 A I P~I 1, 2b, 2c, 6 A 2 P-3 1, 2b, 2c, 6 A 2 S-I 1, 2b, 2c, 6 A 2 CPF 1, 2b, 2c, 6 A 2 P-4 1, 2b, 2c, 6 A 2 MU- 1 1, 2b, 2c, 2d, 6 A, F 2 R-5 1, 4a, 4b, 6 ' A 2 R-8 1, 4a, 4b, 6 A,F 2 R-6 1, 4a, 4b, 6 A 2 R-9 1, 4a, 4b, 6 A, F 2 R-I0 1, 4a, 4b, 6 A,F 2 R-3 1, 4a, 4b, 6 A 3 R- 11 1, 2b, 2c, 2d, 4a, 4b, 4c, 6 A 3 R-13 1, 2b, 2c, 2d, 4a, 4b, 4c, 6 A 3 R-15 1,2b, 2c, 2d, 4a, 4b, 4c, 6 A,F 3 R-16 1, 2b, 2c, 2d, 4a, 4b, 4c, 6 A, F 3 R-14 1, 2b, 2c, 2d, 4a, 4b, 4c, 6 A 3 R-12 1, 2b, 2c, 2d, 4a, 4b, 4c, 6 A 3 R~ 18 1,2b, 2c, 2d, 4a, 4b, 4c, 6 A 3 R-19 i, 2b, 2c, 2d, 4a, 4b, 4c, 6 A, F 3 S-2 I, 2b, 2c, 2d, 4a, 4b, 4c, 6 A, F 3 R-17 l, 2b, 2c, 2d, 4a, 4b, 4c, 6 A, F 44. Street cross sections shall conform to the cross sections shown on the tentative map, unless otherwise conditioned or approved herein. All other design criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein. (Engineerin,~ 10 45. The Applicant shall participate in the funding of revisions of the Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed and requested by the City Manager or his designee and subject to the approval of the City Council. The Applicant will receive appropriate credit for such participation. (Engineering) 46. Prior to approval of the final map which triggers the installation of the related street improvements, the applicant shall enter into an agreement to the satisfaction of the City Engineer to construct and secure a fully activated traffic signal includ~ing interconnected wiring at the following intersections: PRIOR TO THE APPROVAL OF THE INTERSECTIONS FIRST MAP FOR PHASE: · Olympic Parkway and Eastlake Parkway 1 · Olympic Parkway and Hunte Parkway; ° Olympic Parkway and "A"street; ,, Olympic Parkway "E" street. · Eastlake Parkway and North Village Entry 2 · Eastlake Parkway and Birch Road · Hunte Parkway and 'T' street; · Hunte Parkway and "H" street. · Hunte Parkway and Eastlake Parkway 3 · Hunte Parkway and "C" street · Hunte Parkway and "D" street The applicant shall fully design the aforementioned traffic signal in conjunction with the improvement plans for the related streets. The developer shall install underground improvements, standards and luminaries in conjunction with the construction of the applicable street improvements. In addition, the applicant shall install mast arm, signal heads, and associated equipment when traffic signals warrant as determined by the City Engineer. (Engineering) 47. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher classification streets simultaneously with the associated improvement plans. (Engineering) 48. The Applicant shall comply with the Fire Department's codes and policies for Fire Prevention, as may be amended from time to time. Prior to the issuance of any building permit(s) for the Project, the Applicant shall provide the following items prior to delivery of combustible materials on any construction site on the Project: a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal. b. Emergency vehicle access consisting ora minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 20 feet. c. Street signs installed to the satisfaction of the Department of Public Works. Temporary street signs shall be subject to the approval of the Department of Public Works and Fire Department. Locations and identification of temporary street signs shall be subject to review and approval by the Department of Public Works and Fire Department. (Fire, Planning, Engineering) 49. Applicant shall obtain the approval of the City's Fire Marshal for the timing of construction of all internal streets in the Project. (Fire, Planning, Engineering) 50. In addition to those fire hydrants depicted on the tentative map, the applicant shall install additional fire hydrants upon request and to the to the satisfaction of the Fire Department. (Fire, Planning, Engineering) 51. Construct a temporary turnaround or street improvements, upon the request of and as determined necessary by the City Engineer and Fire Marshal, at the end of temporarily stubbed streets greater than 150 fl. in length (as measured from the nearest street centerline intersection). (Engineering) 52. Design all vertical and horizontal curves and intersection sight distances to conform to the Caltrans Highway Design Manual. All streets, which intersect other streets at or near horizontal or vertical curves must meet intersection design sight distance requirements in accordance with City standards. Sight visibility easements shall be granted as necessary to comply with the requirements in the Caltrans Highway Design Manual and Ciiv of Chula Vista policies, where a conflict exists, the City of Chula Vista policies shall preva}l. Lighted SAG vertical curves may be permitted, with the approval of the City Engineer, at intersections per AASHTO standards. (Engineering) 53. Prior to approval of each final map, the Engineer-of-Work shall submit and obtain approval by the City Engineer a waiver request for all subdivision design items not specifically waived on the Tentative Map, and not conforming to adopted City standards. The Engineer-of-work request shall outline the requested subdivision design deviations from adopted City standards and state that in his/her professional opinion, no safety issues will be compromised. The waiver is subject to approval by the City Engineer in the City Engineer's sole discretion. (Engineering) 54. Waiver Nos. 4 and 6 acknowledge that lighted sag vertical curves and super elevations on streets may be allowed with approval of the City Engineer on a case by case basis. Also the Engineer of work shall submit a design waiver to the City Engineer stating the deviations 12 from City standards and explaining that, in his/her professional opinion, no safety considerations ,,','ill be compromised. Waiver Nos. 1 through 3, 5 and 7 through 11 are approved as requested on the tentative map. (Engineering) 55. Prior to approval of all final maps, which includes a school site (S-I, S-2) for the Project, Applicant shall agree to construct and secure, and thereafter construct and secure, to the satisfaction of the City Engineer, the following improvements: a. All necessary improvements for providing ingress and egress to each school site. This requirement shall also include but is not limited to any required modification to medians, storm drainage system, street lights, and irrigation improvements; and, b. If warranted and upon the request of the City engineer, traffic signal improvements for providing vehicular ingress and egress to the School site. (Engineering) 56. Applicant shall enter into an agreement with the City, prior to the approval of the first map whereby the developer agrees to the following: a. Fund and install Chula Vista transit stop facilities within the tentative map boundary when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the Village Eleven Design Plan and Village Eleven PFFP and as approved by the Directors of Planning and Building and Public Works. b. Not protest the formation of any future regional benefit assessment district to finance the MTDB San Diego Trolley LRT System. (Engineering) 57. The developer shall construct sidewalks and construct pedestrian ramps on all ~valkways to meet "Americans with Disabilities Act" standards and as approved by the City Engineer. In the event the Federal Govenunent adopts ADA standards for street rights-of-way, which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. (Engineering) 58. The Applicant shall provide a pedestrian bridge connecting Village Eleven to the Eastern Urban Center (Planning Area 12) crossing (east - west) over Eastlake Parkway just north of Hunte Parkway, as follows: a. Prior to approval of the first map for the Project, the Applicant shall fund the preliminary design of said bridge and identify and establish the funding mechanism to be used to fi~nd half of the cost of constructing said pedestrian bridge; and, 3_3 b. Prior to approval of the first map for the Project, Applicant shall provide the preliminary design of said bridge, and shall obtain the approval of the Directors of Public Works and Planning and Building; and, c. The timing of the construction of said bridge will be determined by the City, consistent with the requirements of Village Eleven SPA Plan, Public Facilities Financing Plan (PFFP), as may amended from time to time, and development of the Eastern Urban Center in Planning Area 12; and, d. The bridge shall be constructed in a location as directed by the Directors of Planning and Building and Public Works. (Planning, Engineering) 59. The Applicant shall provide a pedestrian bridge connecting Village Eleven to the University Site (Village Ten) crossing (north - south) over Hunte Parkway between Neighborhoods R- 16 and R- 17 as depicted on the Parks, Recreation, Open Space and Trails Plan in the Village Eleven SPA Plan, as follows: a. Prior to approval of the first map ibr the Project, the Applicant shall fund the preliminary design of said bridge and identify and establish the funding mechanism to be used to fund half of the cost of constructing said pedestrian bridge; and, b. Prior to approval of the first map for the Project, Applicant shall provide the preliminary design of said bridge, and shall obtain the approval of the Directors of Public Works and Planning and Building; and, c. The timing of the construction of said bridge will be determined by the City, consistent with the requirements of Village Eleven SPA Plan, Public Facilities Financing Plan (PFFP), as may amended from time to time, and development of the University site or Village Ten; and, d. The bridge shall be constructed in a location as directed by the Directors of Planning and Building and Public Works. (Engineering, Planning) 60. The Applicant shall not install privately owned water, reclaimed water, or other utilities crossing any public street. The installation of sleeves for future construction of privately owned facilities may be allowed subject to the review and approval of the City Engineer if the following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: i. Apply for an encroachment permit for installation of the private facilities within the public right-of-way; and, ii. Maintain membership in an advance notice such as the USA Dig Alert Service; and, iii. Mark out any private facilities o~vned by the developer whenever work is performed in the area; and, iv. The terms of this agreement shall be binding upon the successors and assigns of the developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. (Engineering) 61. Street names shall be as on the approved tentative map, or as otherwise approved by the Director of Plmming and Building and City Engineer. (Planning, Engineering) 62. Prior to issuance of any grading permit based on plans proposing the creation of down slopes adjacent to public or private streets, Applicant shall obtain the City Engineer's approval of a study to determine the necessity of providing guardrail improvements at those locations. Applicant shall construct and secure any required guardrail improvements in conjunction with the associated grading and/or construction permit as determined by and to the satisfaction of the City Engineer. The guardrail shall be installed per CalTrans Traffic Manual and Roadside Design Guide requirements to the satisfaction of the City Engineer. (Engineering) 63. Prior to approval of each final map, Applicant shall agree to install permanent street name signs, and shall install such signs prior to the issuance of the first building permit for the applicable final map. (Engineering) 64. Applicant shall construct and secure the installation of ten permanent traffic count stations, subject to the approval of the City Engineer, as indicated belo~v: Traffic count station Construct and secure construction General location prior to approval of Hunte Parkway (4 count stations) Final map that triggers construction of Hunte Parkway Olympic Parkway- (4 count station) Final map that triggers construction of Facility #1, Olympic Parkway Birch Road (2 count stations) Final map that triggers construction of Birch Road The traffic count stations shall be installed at such specific locations as determined by the City Engineer during processing of the applicable improvement plans. (Engineering) GRADING AND DRAINAGE 65. Developer shall install water-tight joints for storm drains exceeding 20' in depth within the park site P-1. Developer shall provide storm drain access along the west side of the SDG&E easement from Olympic Parkway to Winding Walk Street. Applicant shall not construct storm drains through Park P-1 unless there is a City of Chula Vista Public Works Inspector on-site during all construction activities. No park credit shall be granted to the developer for the area of the stom~ drain within the park site P-1 (approximately 30' wide storm drain area). (Engineering) 66. Prior to approval of the first map for the Project, the Applicant shall establish and fund a monitoring progrmn for the purpose of monitoring all off-site drainage and erosion protection from Village Eleven subject to the approval of the Regional Water Quality Control Board and the City Engineer. If off-site drainage and erosion protection is required as determined by the Regional Water Quality Control Board or the City Engineer, the Applicant shall at its · own cost, process and obtain any Resource or like Agencies permits and install drainage and erosion protection facilities to the satisfhction of the City Engineer. The Applicant shall provide drainage improvements in accordance with the Master Drainage Plan for Otay Ranch Village Eleven SPA, dated January 25, 2001, or as otherwise approved by the Director of Public Works. The Applicant shall maintain all such drainage improvements until said improvements are formally accepted by the applicable maintenance district, or other mechanism as approved by the City. Said maintenance shall ensure that drainage facilities will continue to operate as designed. (Engineering) 67. Prior to approval of any grading permit or any other grant of approval for constructing the proposed retention/detention basins, whichever occurs earlier, the Applicant shall demonstrate, to the satisfaction of the City Engineer, that the design of the proposed retention/detention basins would reduce the 5-, 10-, 25-, 50- and 100-year post-development peak flows, to an amount not exceeding pre-development conditions. (Engineering) 68. The quantity of runoff from the development shall be reduced to an amount equal to or less than the pre-development 5-, 10-, 25-, 50- and 100-year frequency storm. Retention/detention facilities and water quality basins will be constructed to the satisfaction of the Director of Public Works to reduce the quantity ofrunoffto an amount equal to or less than the pre-development flows. Said retention/detention facilities and water quality basins shall be designed per the City's subdivision manual, constructed by the Applicant and maintained by the HOA, or other mechanis~n as approved by the City. The Applicant shall also process and obtain any Resource or like Agencies permits for said facilities· (Engineering) 69. Prior to transfer of responsibility of maintenance of any basins on the Project, and release of the grading bond, Applicant shall obtain a Letter of Map Revision (LOMR) From the Federal Emergency Management Agency revising the current National Flood Insurance Program Maps to reflect the effect of the drainage improvements. It shall be the responsibility of the Applicant to revise the flood plain map to reflect all modifications and to ensure that no proposed lot ~vill be created in said flood plain. (Engineering) 70. Stom~ drain systems that collect Water from private property shall be designated private on grading and drainage and/or improvement plans to the point of connection with a public system or to the point at which storm water that is collected from public street right-of-~vay, public park or open space areas is first introduced into the system. Downstream from that point, the storm drain system shall be public. An encroachment permit, shall be processed and approved by the City for private storm drains within the public right-of-way or within C.F.D. maintained Open Space lots. (Engineering) 71. Submit with grading and drainage and/or improvement plans, as applicable, hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. (Engineering) 72. Prior to the issuance of any grading permit which impacts off-site property, the applicant shall deliver to the City, a notarized letter of permission to grade and drain for all off-site grading. (Engineering) 73. Storm drain design shall conform to the requirements of the Subdivision Manual and the Grading Ordinance as may be amended from time to time. (Engineering) 74. Provide improved ail-weather access with H-20 loading to all public storm drain clean-outs or as otherwise approved by the City Engineer. (Engineering) 75. Provide a minimum of 6-inch thick PCC (reinforced with #4 BAR at 18" on center each way) designed tbr H-20 loading and heavy broom finish for thosd access road to retention/detention basins with grades of 10% or greater. All other access roads must be asphalt concrete designed to carry H-20 loading. In addition, maintenance pads adjacent to the inlet structures shall be a minimum of 6-inch PCC (reinforced with #4 bar at 18" on center each way) designed for H-20 loading with a heavy broom finish. (Engineering) 76. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Director of Planning and Building. (Engineering) 77. Grant on the appropriate final "B" map a 15 feet minimum drainage and access easement for public storm drain lines located between residential units unless otherwise directed by the City Engineer. All other public easements shall meet City standards for required width. (Engineering) 78. Development of the subdivision shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff 17 and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the applicant shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall idetttify funding mechanisms for post construction control measures. The developer shall _comply with all the provisions of the N.P.D.E.S. and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The applicant shall design the Project's storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. The San Diego Regional Water Quality Control Board has issued a new Municipal Storm Water Permit (Order No. 2001-01). The permit includes regulations such as implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential development. The applicant shall comply with all relevant City regulations, when they become effective, including but not limited to incorporation into the design and implementation of the Project temporary and permanent structural Best Management Practices and non-structural mitigation measures that would reduce pollution of storm water runoff to the maximum extent practicable. (Engineering) 79. Submit to and obtain approval from the City Engineer and Director of Parks and Recreation for an erosion and sedimentation control plan as part of grading plans. (Engineering, Parks & Recreation) 80. Storm drain clean outs shall not be located on slopes or in inaccessible areas for maintenance equipment. Public storm drains shall be installed as dose to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. (Engineering) 81. Brow ditches that cross over slopes greater than 10 feet in height and steeper than 3:1 gradient shall not be allowed. Drainage shall be collected in an inlet and carried via underground storm drain to the bottom of the slope or a drain inlet connected to an underground storm drain. The applicant shall ensure that brow channels and ditches emanating from and/or running through City Open Space are not routed through private property. Brow ditches and channels from private property shall not be routed through City open space unless approved by the City Engineer. (Engineering) 82. Indicate on all affected grading plans that all walls, which are to be maintained by open space districts shall be constructed entirely within open space lots dedicated to the City. (Engineering) 83. Prior to issuance of the Project's first mass grading permit, provide a study showing that the proposed quantities of earthwork ~vill balance for each phase. This study shall incorporate the most recent Project design information for said phase. (Engineering) 84. Prior to approval of mass grading plans, submit a detailed hydraulic study analyzing the erosion potential of the off-site canyon downstream of the proposed 84" storm drain (between Hunte Parkway and Salt Creek). Said study shall make recommendations satisfactory to the Director of Public Works to lower the velocities of the 5-, 10-, 25-, 50-, and 100 year flows such that a Registered Soils Engineer agrees that the flow velocities will not permit excessive erosion to the canyon given the soil type and proposed recommendations. (Engineering) 85. Prior to approval of the first map for the Project, the Applicant shall provide letters to the satisfaction of the City Engineer from San Diego Gas and Electric (SDG&E) and San Diego County Water Authority (SDCWA) acknowledging the crossing of utilities as shown on the on the Tentative Map and on the Interim Pump Sewer alternative. The Applicant shall enter into a Joint Use agreement with the City, SDG&E and SDCWA in a form acceptable to the City Attorney for all public facilities crossing the SDG&E and SDCWA easements prior to the approval of the first final map, which includes these facilities. Such Agreement shall provide the City with prior rights for its Right-of-Way, which crosses the easements. The Applicant shall be responsible for any payment to SDG&E and SDCWA to ensure that the City has prior rights for any Right of Way crossing the SDG&E and SDCWA easements. (Engineering) 86. Prior to mass grading permit the developer shall provide an executed joint use agreement for all areas where City right of way or City facilities will cross an existing easement owned by the San Diego County Water Authority, SDG&E, and like agency. Work proposed within another agency's easement will require the agencies signature on the applicable plans prior to permit issuance. (i.e. Landscape and Irrigation, Grading and or Improvement Plans) (Engineering) 87. Locate lot lines at the top of slopes except as shown on the Tentative Map or as approved by the City Engineer and Director of Parks and Recreation. Lots shall be so graded as to drain to the street or an approved drainage system. Drainage shall not be permitted to flow over slopes or onto adjacent property. (Engineering, Parks & Recreation) 88. Provide a minimum of three (3) feet of flat ground access froln the face of any xvall to the beginning of the slope rounding for wall maintenance, unless otherwise approved by the City Engineer. (Engineering) 89. Provide a setback, as determined by the City Engineer based, on Applicant's Soils Engineer recommendations, between the property lines of the proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or property owned by others. The City Engineer will not approve the creation of any lot that does not meet the required setback. (Engineering) 19 90. Design and construct the inclination of each cut or fills surface resulting in a slope no steeper than 2:1 (two horizontal to one vertical) except for minor slopes as herein defined. All constructed minor slopes shall be designed for proper stability considering both geological and soil properties. A minor slope may be constructed no steeper than one and one-half horizontal to one vertical (1.5:1) contingent upon: a. Submission of reports by both a soils engineer and a certified engineering geologist containing the results of surface and subsurface exploration and analysis. These results should be sufficient for the soils engineer and engineering geologist to certify that in their professional opinion, the underlying bedrock and soil supporting the slope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons of property; and, b. The installation of an approved special slope planting program and irrigation system; and, c. "Minor Slope" is defined as a slope four (4) feet or less in vertical dimension in either cut or fills, between single-family lots and not parallel to any roadway. (Engineering) 9 I. Construct temporary de-silting basins at all discharge points adjacent to drainage courses or where substantial drainage alteration is proposed in the grading plan. The exact design and location of such facilities shall be based on hydrological modeling and determined pursuant to direction by the City Engineer. (Engineering) 92. Dry weather study titled "Otay Ranch, Village Eleven Dry Weather Runoff Analysis" dated July 6, 2001, as amended from time to ti~ne, shall be implemented such that: 93. Dry weather flows detention period does not exceed 72 hrs. 94. Dry weather post-developed conditions for Salt Creek shall be the same as pre-developed conditions. (Engineering) 95. Prior to the issuance of a grading pemfit for an area containing a deep-storm drain, the Applicant shall submit manufacturer specifications for deep storm drain (20'+) and obtain the approval of the City. (Engineering) 96. Developer shall obtain approval from all applicable permitting agencies, including but not limited to FEMA, prior to any work within each of the agencies jurisdiction. All mitigation requirements will be the responsibility of the Developer. (Engineering) 97. Developer will subtnit a drainage study to the satisfaction of the City Engineer for each mass-grading phase showing that the interim conditions do not adversely impact dovmstreanl flows. (Engineering) 20 98. Prior to issuance of grading permits, applicant shall demonstrate that the grading plans are in substantial compliance with the grading concepts outlined in the Village Eleven Plan consistent ~vith the landform grading policies described in the City's General Plan. Said grading concepts will ensure that manufactured slopes are contoured to blend with and reflect adjacent natural slopes. (Engineering, Planning & Building) 99. Prior to approval of the first map for the Project or issuance of the first grading permit for the construction of the proposed naturalized channel and/or detention basins in Salt Creek Basin, whichever occurs earlier, developer shall accomplish the following: a. Prepare a maintenance program of all the proposed drainage and water quality treatment facilities in Salt Creek, including but not limited to naturalized channel, wetlands restoration areas, detention basins, and water quality treatment facilities. The maintenance program shall include, but not be limited to: a) a manual describing the operation and maintenance of the drainage and water quality treatment facilities; b) an estimate of the cost of such operation and maintenance activities; and c) a funding mechanism and schedule for financing the maintenance program. Said maintenance program shall be subject to approval by the City Engineer, Director of Planning and Building, and the Director of Parks and Recreation. The applicant shall be responsible for obtaining the approval of the maintenance program from all applicable federal and state agencies. b. Enter into an agreement with the City of Chula Vista and the applicable resource agencies wherein the parties agree to implement the maintenance program. c. Enter into an agreement with the City of Chula Vista, wherein Developer agrees to the lbllowing: i) Provide lbr the maintenance of all proposed drainage and water quality treatment facilities in Salt Creek, including but not limited to the naturalized drainage channel, wetlands restoration areas as allowed by the resource agencies, detention basins, and water quality treatment facilities until the latter to occur off (a) maintenance of such facilities is assumed by the City, open space district or Master Homeowner's Association, or; (b) the City determines all erosion protection plantings are adequately established. ii) Provide for the removal of siltation, attributable to the Project, from all proposed drainage and water quality treatment facilities in Salt Creek, including but not limited to the naturalized drainage channel, wetlands restoration areas as allowed by resource agencies, detention basins, and water quality treatment facilities until all upstream grading of the area contained within the Project is completed and all erosion protection planting is adequately established as determined by the City Engineer, Director of Planning and Building, and Director of Parks and Recreation. iii) Provide for the removal of any siltation resulting from all proposed drainage and water quality treatment facilities in Salt Creek, including but not limited to the naturalized drainage channel, wetlands restoration areas as allowed by the resource agencies, detention basins, and water quality treatment facilities, attributable to the Project, for a minimum period of five years after maintenance of such facility is accepted by the City or an appropriate Maintenance District. d. Developer shall provide security, satisthctory to the City Engineer, guaranteeing the performance of the aforementioned maintenance and siltation removal obligations. (Engineering) 100. Prior to the approval of the first map for the Project, or issuance of the first grading permit for the Project, whichever occurs earlier, Applicant shall enter into an agreement with the City of Chula Vista, wherein the Applicant agrees to the following: a. Comply with the requirements of the new Municipal Storm Water Permit (Order No. 2001-01) issued by the San Diego Regional Water Quality Control Board including revision of plans as necessary. b. Indemnify, and hold harmless the City, its elected and appointed officers and employees, from and against all fines, costs, and expenses arising out of non- compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non- compliance results from any action by the Applicant, any agent or employee, subcontractors, or others. The applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. c. That the City Engineer may require incorporation of Standard Urban Storm Water Mitigation Plan (SUSMP) requirements during the implementation period preceding the adoption of the local SUSMP by the City, for all priority projects or phases of priority projects undergoing approval process, in accordance with Order No. 2001- 01, NPDES No. CAS0108758 Municipal Pennit as determined by the City Engineer. d. To not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the 22 right of any person to vote in a secret ballot election. Such Applicant obligation may be reassigned to a Master Homeo~vner's Association or other appropriate Maintenance District Subject to the approval of the City Engineer. (Engineering) SEWER 101. Sewer access points shall, unless otherwise approved by the City Engineer and the Director of Public Works: 102. Be located at the centerline of streets or cul-de-sacs; and, 103. Not be located on slopes or in inaccessible areas of maintenance equipment; and, 104. Not be in the ~vheel tracks on Class I Collector Streets and above; and, 105. Meet Regional Standard Drawing M-4 (Locking) if located within intersections of Class I Collectors and above; and, 106. Have improved all-weather paved 12-foot wide minimum access to withstand a }t-20 vehicle load as approved by the Director of Public Works; and, 107. Be provided at all changes of alignment of grade (Engineering) 108. Prior to approval of any final map or any other grant of approval for any improvement proposing to pump Village 11 sewage flows to Poggi Canyon sewer trunk, Developer shall accomplish the following: a. Comply with all the requirements of Council Policy No. 570-03 (Sewage Pump Station Financing Policy). b. Enter into an agreement to construct and secure the construction, in accordance with Section 18.16.220 of the Municipal Code, of those improvements required to accomplishing the following: i. Construction of pump station improvements and associated facilities necessary to pump sewage flows to the Poggi Canyon sewer trunk. ii. Removal, or other acceptable method of abandonment, of any existing, new, and/or modified pump stations, force mains, and associated improvements, to the satisfaction of the City Engineer, upon completion of the Salt Creek Sewer Interceptor. iii. Connection of the Project by gravity to the Salt Creek Sewer Interceptor, to the satisfaction of the City Engineer, upon completion 23 of the Salt Creek Sewer Interceptor. c. Provide funding for the preparation of all the studies and reports required to support the addition of pumped sewage flows to the Telegraph Canyon and/or Poggi Canyon sewer trunks, as determined by the City Engineer. d. Participate in the necessary funding, in the amount determined by the City Engineer, for establishing the Poggi Canyon Pumped Sewer Development_Impact Fee or any other funding mechanism as determined by the City Engineer. Said Development Impact Fee or funding mechanism will be prepared by the City, as directed by the City Engineer, and approved by Council prior to approval of the first map, or as otherwise approved by the City Engineer, proposing to pump sewage flows to the Poggi Canyon sewer trunk. The Applicant will receive appropriate credit for such participation. e. Participate in the necessary funding for implementing a Poggi C~nyon sewer trunk- monitoring program, as determined by the City Engineer. Provide an all-weather, 12-foot wide, H-20 loaded access road above all force mains to the satisfaction of the City Engineer. (Engineering) 109. The Applicant shall pay fees in accordance with applicable City of Chula Vista ordinances, or provide trunk sewer improvements to Salt Creek Trunk Sewer as indicated in the report entitled "Overview of Sewer Service for Village Eleven SPA at the Otay Ranch Project" (Village Eleven SPA Sewer Report) prepared by Wilson Engineering dated March, 2001, or as amended by the Applicant and approved by the Director of Public Works. The Village Eleven SPA Sewer Report shall be consistent with the approved SPA Plan. The Applicant shall be responsible ~br obtaining the approval of any amendment to the Village Eleven SPA Sewer Report in order for the Village Eleven SPA Sewer Report to be consistent with the approved SPA Plan prior to the approval of the first map. (Engineering) 110. Prior to the approval of the first map for the Project, Developer shall grant the City an easement, satisfactory to the City Engineer for the Salt Creek Sewer Main along Reaches 3 and 4. (Engineering) 111. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of 1%. Sewer lines shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. (Engineering) 112. Prior to approval of any final map or any other grant of approval for any improvement proposing to pump Village Eleven flows to the Poggi Canyon sewer trunk, the City Engineer, at his/her sole discretion, shall determine the extent of those improvements to be provided by Applicant for pumping Village 11 sewage flows consistent with: a. The requirements of Council Policy No. 570-03; and, 24 b. The Preliminary Offsite Sewer Study for Eastlake III prepared by John Powell & Associates Inc. dated November 2000 and revised January 3~ 2001 (see Attachment I of Subsequent Final EIR # 01- 02). The City Engineer may require the Developer to amend said study, to show that additional pumped flows can be accommodated as evidenced by monitoring; and, c. ~lhe City Memorandum dated February 19, 2001 (see Attachment I of Subsequent Final EIR # 01-02); and, d. The EIR, which restricts pumping to a maximum of 533 dwelling units within Phase One of the Project. After the issuance of a building permit for the 533rd dwelling unit, the Project shall not be allowed to pump Village Eleven flows for any additional units. 113. Grant on the appropriate final "B" Map a 20-foot minimum sewer and access easement for sewer lines located between residential units unless otherwise directed by. the City Engineer. All other easements shall meet City standards fbr required width. (Engineering) PARKS AND OPEN SPACE 114. The Village Eleven Project shall satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. The Project's Neighborhood Park portion of the local park requirement shall be satisfied through the provision ora 7.0 net-acre Neighborhood Park (P-l). The remaining requirement shall be satisfied in a future Cognmunity Park through the payment of fees, dedication of land, or a cotnbination thereof in a manner acceptable to the Director of Parks and Recreation. (Parks and Recreation) 115. Prior to approval of the first "A" Map for the Project, Applicant shall provide an Irrevocable OffEr of Dedication (IOD) to the City, in a form approved by the City Attomey, for the project park site identified as (P-1). Park site shall include public access to the satisfaction of the Director of Parks and Recreation. The park net acreage and the park Parkland Dedication Ordinance (PDO) credit to be received by the applicant is based on net usable park acreage as determined solely by Director of Parks and Recreation. Applicant shall provide an ail weather access road to the park site to the satisfaction of the Fire Marshal and Chief of Police and at no cost to the City, upon request from the Director of Parks and Recreation. (Parks and Recreation) 116. Prior to approval of each final "B" Map, or, prior to issuance of building permits for condominiums, community apartments, or stock-cooperatives not requiring the filing of a final "B" Map, the Applicant shall pay all applicable parkland acquisition and development fees (PAD Fees) to the City in accordance with C.V.M.C Chapter 17.10. (Parks and Recreation) 117. Prior to approval of the first "A" map for the Project, the applicant shall submit a letter to the Director of Parks and Recreation acknowledging that the City is in the process of preparing and adopting a City-wide Parks Master Plan, and agreeing to comply with the provisions of said plan as adopted and as it affects facility and other related requirements for the Project's parks. (Parks and Recreation) 118. Prior to the Approval of the first "A" Map for the Project, Applicant shall enter into an agreement with the City wherein Applicant agrees to comply with the following schedule for commencement of construction and delivery to the City of the project's park (P-t): a. Prior to issuance of a building permit for the 360th dwelling unit for the Project, Applicant shall have commenced construction of Project's Park (P-l), to the satisfaction of the Director of Parks and Recreation. Applicant shall complete construction of the park within nine (9) months of commencement of construction. The term "complete construction" shall mean park construction has been completed according to the City approved construction plans and accepted by the Director of Parks and Recreation. Furthermore "compete construction" shall mean prior to and shall not include the City's established maintenance period required prior to acceptance by the City for Public use. b. Prior to commencement of park construction, Applicant shall prepare, submit and obtain the approval fi'om the Director of Parks and Recreation, City Engineer of a Park Master Plan for the Project and prepare, submit and obtain the approval from the Director of Parks and Recreation of park construction documents and improvement bonds. c. At any time the Director of Parks and Recreation may, at his sole discretion, modil~ the neighborhood development phasing and construction sequence for the Project's park should conditions change to warrant such revision. (Parks and Recreation) 119~ Applicant shall rough grade the Project's park site (P-l) to conform to the approved Park Master Plan to the satisfaction of the City Engineer and the Director of Parks and Recreation and at no cost to the City. (Parks and Recreation, Engineering) 120. Applicant shall install underground utilities to the property line of the Project's park site (P- 1) to the satisfaction of the Director of Parks & Recreation and the City Engineer concurrently with the installation of underground utilities for any portion of the Project adjacent to the park site or upon request of the Parks and Recreation Director, whichever occurs earlier. (Parks and Recreation, Engineering) 121. Developer agrees that at no time shall there be a deficit in "constructed neighborhood park". Developer further agrees that the City may withhold the issuance of building permits for the 26 Project, should said deficit occur. For purposes of this paragraph the term "constructed neighborhood park" shall mean the construction of the park has been completed and accepted by the City as being in compliance with the Park Master Plan, but prior to the City's required mandatory maintenance period. This is not intended to supersede any of the City's xnaintenance guarantee requirements. (Parks and Recreation) 122. All local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Planning and Building Department specifications and policies. (Parks and Recreation) 123. Upon request of the Director of Parks and Recreation, the applicant shall enter into a Chula Vista standard three party agreement with the City of Chula Vista and design consultant(s), for the design of all aspects of the neighborhood park (P-l). The Director of Parks and Recreation shall have the right to select the design consultant(s), to be funded by the applicant. The cost for the consultant(s) shall be established and said amount deposited into an account prior to any work being initiated by the consultant. All design work products shall reflect the then current requirements of the City's Municipal Code, Department of Parks and Recreations policies, the City of Chula Vista Landscape Manual requirements, and other requirements as deemed necessary by the Director of Parks and Recreation. (Parks and Recreation) 124. Prior to issuance of the building permit for the 300"' dwelling unit issued within Phase Two of the Project, Developer shall complete construction of the Town Square (P-4), within Phase Two, to the satisfaction of the Director of Parks and Recreation. (Parks and Recreation) 125. Prior to the approval of the first "A" Map for the Project, issuance of the first grading permit or issuance of the first construction permit, whichever occurs first, Applicant shall prepare, submit and have received approval from the Director of Parks and Recreation of a comprehensive "Project Landscape Master Plan". Such approval shall be indicated by means of the Director of Parks and Recreation signature and date on said Plan. The contents of the Landscape Master Plan shall conform to the City staff checklist and contain the following major components: (Parks and Recreation) · Landscape Concept · Wall and Fence Plan, indicating type, material, height and location. Brush Management Plan, identifying three zones and treatment. Maintenance Responsibility Plan Planting Concept Plan · Master Irrigation Plan 126. Prior to approval of the applicable final map, enter into a maintenance agreement and grant easexnents as necessary for landscaping and improvements maintained by a Homeowners Association xvithin City right-of-way or such other public areas required by the City. (Engineering, Parks and Recreation) 27 127. Prior to the issuance of each grading permit for the Project, the Applicant shall prepare, submit and obtain the approval of the Director of Parks & Recreation and the City Engineer for a landscape and irrigation slope erosion control plan. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and Grading Ordinance, as may be amended from time to time. Applicant shall install erosion control in accordance with approved plans within six months from the commencement of grading. (Parks and Recreation) 128. In the event Developer requests the formation of a Maintenance District or similar, the Developer shall make such request prior to the approval of the first map for the Project, submit an application packet for formation of a Community Facilities District (CFD), and submit the request for CFD formation to the City Council for consideration. The CFD shall be formed prior to approval of the first "B" map for the Project. Subject to the approval of the Director of Public Works, Developer shall submit a list of amenities, acreage and costs for all Open Space District lots including but not limited to the cost of any detention basin maintenance and all costs to comply with the Department of Fish and Game and the U.S. Army Corps of Engineers permit requirements, if any. Developer shall maintain the open space improvements for a minimum period of one year or until such time as accepted into the open space district by the Director of Public Works. If Council does not approve the CFD formation, another financing mechanism such as a Master Homeowners Association, or an endowment shall be established and sub~nitted to the City Council for consideration prior to approval of the first map. Prior to the approval of the first map, Developer shall submit an initial cash deposit of $35,000 to begin the process of formation of the Open Space District. All costs of formation and other costs associated with the processing of the open space relating to this project shall be borne by the Developer. The Developer shall provide all the necessary information and materials (e.g., Tables, diagrams, etc.) required by the City Engineer for processing the ~brmation of the proposed open space district. (Public Works) 129. Upon the request of'the City, the Applicant shall provide easements for the pedestrian paseos identified on the Tentative Map, each approximately 60 feet in width, the exact width to be determined by the Director of Planning and Building. Upon the request of the Director of Public Works, paseos shall contain improved all-weather paved 12-foot wide minimum access to withstand an H-20 wheel load as approved by the Director of Public Works. Each paseo within said easements shall be maintained by the Master Homeowner's Association. Developer shall grant to the satisfaction of the Directors of Planning and Building and Public Works, pedestrian access ease~nents, and General Utility Easements. Developer shall secure and construct said paseos upon the request of and at the direction of the Directors of Parks and Recreation and Public Works. (Parks and Recreation, Public Work~; Planning and Building) 28 TRAILS 130. Prior to the approval of each Final Map that contains a proposed public trail, Applicant shall provide an easement to the City, in a form approved by the City Attorney, for the trail alignment. (Parks and Recreation) 131. All trails shall be bonded/secured and constructed with the approved rough grading, and connect to adjoining existing and/or proposed trails in neighboring development projects, as determined by the Director of Parks and Recreation. (Parks and Recreation) 132. Prior to approval of the first "A" map, the applicant shall submit a letter to the Director of Parks and Recreation acknowledging that the City is in the process of preparing and adopting a City-wide Green-belt Trails Master Plan, and agreeing to comply with the provisions of said plan, and modify the pro~iect as necessary to comply and remain in compliance with the adopted Greenbelt Trails Master Plan. (Parks and Recreation) 133. The applicant shall, concurrent with the construction of Olympic Parkway~ construct a "Regional Trail" on the north side of Olympic Parkway for the entire length of Olympic Parkway in Village Eleven, and shall be designed to incorporate the Olympic Parkway Landscape Master Plan by Estrada Land Planning, Inc. as approved by the City and as amended from time to time, including the "tree planting nodes" as specified in the Olympic Parkway Landscape Master Plan. The Regional Trail shall meander away from the curb as much as possible avoiding the "tree planting nodes". If retaining walls are necessary, they shall be kept to a minimum and/or ifa grading solution can be found, retaining walls will not be used to gain additional space for the street corridor. The retaining walls are to be located and detailed on the Grading Plans for Olympic Parkway, and subject to the approval of the Directors of Planning and Building and Public Works. Slopes gradients may be increased to the maximum permitted in the grading ordinance in limited locations to accommodate the "tree planting nodes" and maintenance access ways. Landform grading policies shall be observed. If a combination of low retaining walls and modified landform grading cannot accommodate "tree planting nodes" and maintenance access areas, the top of slope shall be adjusted as city deems necessary. (Parks and Recreation) 134. The applicant shall: a. Construct a "Regional Trail", concurrent with the construction ofHunte Parkway~ on the north side of Hunte Parkway (within the Village Greenway) from the future Pedestrian Bridge No. I at Eastlake Parkway to the Paseo connection and future Pedestrian Bridge No. 2 between Neighborhoods R-17 and R-16 as depicted on the Parks, Trails and Open Space Plan in the Village Eleven SPA Plan, and shall be designed to incorporate the "Project Landscape Master Plan" as approved by the City and as amended from time to time. The Regional Trail shall meander away from the curb as much as possible. b. Construct a "Regional Trail", concurrent with the construction ofHunte Parkway~ on the south/east side of Hunte Parkway (within the Chula Vista Greenbelt) fi.om the future Pedestrian Bridge No. 2 between Neighborhoods R-17 and R-16 as depicted on the Parks, Trails and Open Space Plan in the Village Eleven SPA Plan north to the intersection of Hunte Parkway and Olympic Parkway, and shall be designed to incorporate the "Project Landscape Master Plan" as approved by the City and as amended from time to time. The Regional Trail shall meander away from the curb as much as possible. (Parks and Recreation) 135. Applicant shall keep any necessary retaining walls to a minimum and/or ifa grading solution can be found, retaining walls will not be used to gain additional space For the street corridor. The retaining walls are to be located and detailed on the Grading Plans for Hunte Parkway, and subject to the approval of the Directors of Planning and Building and Public Works. Slopes gradients may be increased to the maximum permitted in the grading ordinance in limited locations to accommodate constraints such as maintenance access ways. Landform grading policies shall be observed and followed. Ifa combination of low retaining walls and modified landform grading cannot accommodate any constraints or maintenance access areas, the top of slope shall be adjusted as City deems as necessary. (Parks and Recreation) 136. The graded section upon which six-foot connector trails, located within the Project, are constructed shall be 10 feet in width. Six feet shall be provided for the trail bed, with a 2 foot graded shoulder on either side. Trail construction materials shall be subject to the approval of the Directors of Public Works and Planning and Building. (Parks and Recreation, Public Works) 137. Prior to the approval of each final "B" Map, containing a trail, for the Project, Developer shall obtain the approval of the Director of Parks and Recreation for appropriate signage indicating location of trail connections, handicap access, and bikeway locations to the Regional Trail, Village Greenway, and Chula Vista Greenbelt. Said signage shall be included on the Landscape and Irrigation Improvcment Plan. Signage shall be installed upon the request of the Director of Parks and Recreation and Director of Planning and Building. (Parks and Recreation, Planning and Building) 138. Prior to the installation of the Regional 'Frail, Developer shall install a fence along those portions of the proposed maintenance access roads of the Salt Creek Sewer Basin, which are proposed to be incorporated into the Regional Trail System. The fence shall be erected only at those locations where its installation will not interfere with the normal Sewer maintenance. The specific locations where the fence will be allowed and the fence details shall be as determined by the City Engineer and Director of Parks and Recreation. (Parks and Recreation, Engineering) 139. Applicant agrees to comply with the current Regulatory Negotiation Committee Recommendations for ,4ccessibi[ity Guidelines: Outdoor Developed greas Final Report, as may be amended from time to time, developed for: U.S. Architectural and Transportation 3o Barriers Compliance Board when designing all trails and trail connections. (Parks and Recreation) 140. Prior to the issuance of each construction permit for the Project, the Applicant shall prepare, submit and obtain the approval of the City Engineer and the Director of Parks & Recreation, for open space, parkway, medians and trails landscape and irrigation plans. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and the Village Eleven SPA, as may be amended from time to time. Applicant shall install all improvements in accordance with approved plans to the satisfaction of the Director of Parks and Recreation. (Parks and Recreation) OPEN SPACE/ASSESSMENTS 141. Prior to the approval of the first final "B" Map, the developer shall: a. Submit evidence, acceptable to the City Engineer and the Director of Planning and Building of the formation of a Master Homeov~er's Association (MHOA), or another financial mechanism acceptable to the City Manager. The MHOA shall be responsible for the maintenance of those landscaping improvements that are not to be included in the proposed financial mechanism. The City Engineer and the Director of Planning and Building may require that some of those improvements shall be maintained by the Open Space District. The final determination of which improvements are to be included in the Open Space District and those to be maintained by the MHOA shall be made during the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning and Building require such annexation of future tentative map areas. The MHOA formation documents shall be subject to the approval of the City Attorney; and, b. The developer shall submit for City's approval the CC&R's, grant of easements and maintenance standards and responsibility of the MHOA's for the Open Space Areas within the Project area. Developer shall acknowledges that the MHOA's maintenance of public open space, trails, etc. may expose the City to liability. Developer agrees to establish a MHOA that ~vill hold the City harmless from any actions of the MHOA in the maintenance of such areas; and, Submit and obtain approval of the City Engineer and the Director of Planning and Building of a list of all Otay Ranch Village Eleven SPA and MHOA facilities and other items to be maintained by the proposed district. Separate lists shall be submitted for the improvements and facilities to be maintained by the Open Space District and those to be maintained by a Master Homeowner's Association. Include a description, quantity and cost per year for the perpetual maintenance of said improvmnents. These lists shall include but are not limited to the following facilities and improvements: 33_ i. All facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping. Each open space lot shall also be broken down by the number of acres of: I) turf, 2) irrigated, and 3) non- irrigated open space to aid in the estimation of a maintenance budget thereof. ii. Medians and parkways along Olympic Parkway, Eastlake Parkway and Hunte Park~vay, Birch Road, (onsite and offsite) and all other street parkways proposed for maintenance by the applicable Community Facilities District or Homeowners' Association. iii.The proportional share of the proposed detention basin (temporary or permanent) located in the Salt Creek Sewer Basin. This includes but is not limited to the cost of maintenance and all cost to comply with the Department of Fish and Game and the Corps of Engineers permit requirements. iv. The proportional share of the maintenance of the median and parkways along that portion of Olympic Parkway adjoining the development as determined by the City Engineer. v. All water quality basins serving the Project. (Engineering) 142. Offer for dedication in fee interest to the City on all final maps, all open space lots shown on the tentative map. Execute and record an irrevocable offer of dedication of fee interest for each of the lots to be maintained by the City through the open space district. (Engineering) 143. Submit and obtain approval of a revised Village Eleven (C.V.T. 01-11) Maintenance Responsibility Map prior to the approval of the first "A" map for the Project from the Director of Planning and Building, which shall include delineation of private and public property. (Planning and Building, Engineering) 144. Prior to the approval of each Final "B" Map, Declaration or Supplementary Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to the approval of the City Engineer. The CC&R's shall include the following obligations of the Master Homeowners Association: a. A requirement that the MHOA shall maintain comprehensive general liability insurance against liability incident to ownership or use of the following areas: i. All open space lots that shall remain private, ii. Other Master Association property. b. Before any revisions to provisions of the CC&R's that may particularly affect the City can become effective, said revisions shall be approved by the City. 'Ihe MHOA 32 shall not seek approval from the City of said revisions without the prior consent of 100 percent of the holders of first mortgages or property owners within the MHOA. c. The MHOA shall indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the MHOA. d. The MHOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of first mortgages or property owners within the MHOA. e. The MHOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured to the satisfaction of the City Attorney. f. The CC&R's shall incorporate restrictions for each lot adjoining open space lots containing walls maintained by the open space district to ensure that the property owners know that the walls may not be modified or supplemented nor may they encroach on City property. g. The CC&R's shall include provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. h. The CC&R's shall include provisions assuring MHOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. i. The CC&R's shall include provisions that provide the City has the right but not the obligation to enforce the CC&R provisions the stone as any owner in the project. j. The CC&R provisions setting forth restrictions in these Tentative map conditions may not be revised at any time without prior written permission of the City. k. The MHOA shall not dedicate or convey for public streets, land used for private streets without approval of 100% of all the HOA members or holder of first mortgages within the MHOA. 1. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall also include language which states that any proposal by the HOA to allow "speed bumps" in the future shall require prior written approval of 100% of all the Homeowners Association members. (Engineering) 145. Future property owners shall be notified during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of the MHOA and their estimated annual cost. Developer shall submit the document and obtain the approval of the City Engineer and 33 Director of Planning and Building prior to distribution through escrow. (Engineering, Planning and Building) 146. An HOA shall be responsible for the maintenance and operation of all facilities within the common areas and streets behind any gated entrances. The facilities to be maintained include, but are not limited to: pavements, sidewalks, street trees, street lights including power supply, street sweeping, private drainage facilities and landscaping of private common areas. (Engineering) 147. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the length of any wall abutting an open space district lot, as measured from face-of-wall to beginning of slope. Said area shall be as approved by the City Engineer and the Director of Planning and Building. (Engineering, Planning and Building) 148. Ensure that all buyers of lots adjoining open space lots containing walls maintained by the open space district sign a statement, when purchasing their homes, stipulating that they are aware that the ~valls are on City property and that they shall not modify or supplement the wall or encroach onto City property. These restrictions shall also be incorporated in the CC&R's for all tots. (Engineering) 149. Prior to approval of each Final Map, provide proof to the satisfaction of the City Engineer and Director of Parks and Recreation that all improvements located on open space lots will be incorporated into and maintained by a Ho~ne Owner's Association or an Open Space District. (Engineering, Parkx and Recreation) 150. The developer agrees to not protest formation or inclusion in a maintenance district or zone t~or the maintenance of landscaped medians and scenic corridors along streets within or adjacent to the subject subdivision. (Engineering) 151. Prior to issuance of any grading permit which includes Landscaping and Irrigation (L&I) improvements to be installed in an open space lot to be maintained by the Community Facility District (CFD), the developer shall place a cash deposit, or other funding mechanism acceptable to the City, in the City's sole discretion, with the City which will guarantee the maintenance of the L&I improvements until the City accepts said improvements. In the event the improvements are not maintained to City standards as determined by the City Engineer and the Director of Parks and Recreation, the deposit shall be used to perform the maintenance. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months, ("Minimum Deposit Amount"), as determined by the City Engineer. Any unused portion of said deposit may be incorporated into the CFD's Reserve Account, or returned to the Developer, according to the lbllowing: a. It} six months prior to the scheduled date of acceptance of Landscape and Irrigation improvements for maintenance by the CFD, the Reserve Account is less than the 34 Minimum Deposit Amount, the difference between these two amounts shall be incorporated into the Reserve Account, or; b. If the Reserve Account is at or above the Minimum Deposit Amount, the unused portion of the deposit may be returned to the Developer in 6 equal monthly increments over the last six month's of the maintenance period if the maintenance is being accomplished to the satisfaction of the Director of Parks and Recreation. (Engineering, Parks and Recreation) WATER 152. Provide to the City a letter from Otay Municipal Water District indicating that the assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the parcel(s). (Engineering) 153. Prior to approval of each Final Map, present verification to the City Engineer in the form of a letter from Otay Water District that the subdivision will be provided adequate water service and long-term water storage facilities. The Applicant shall phase and install water system improvements as required by the Otay Water District. (Engineering, Planning & Building) EASEMENTS 154. Grant to the City a 10' wide easement for general utility purposes along public street frontage of ail open space lots offered for dedication to the City unless otherwise approved by the City Engineer. Ensure that sufficient room is available for street tree planting when locating utilities within this easement. (Engineering) 155. The Applicant shall process aj oint use agreement for roads crossing other agencies existing easements that is acceptable to the City and the other agencies prior to the issuance of the grading permit for that road. (Engineering) 156. Indicate on all appropriate "B" Maps a reservation of easements to the future Homeowners Association for private storm drain, if any, within open space lots as directed by the City Engineer. Obtain, prior to approval of each final "B" Map, all off-site right-of-way necessary for the installation of the required improvements for that subdivision thereto. The developer shall also provide easements for all on-site and off-site public drainage facilities, sewers, maintenance roads, and any other public facilities necessary to provide service to the subject subdivision. (Engineering) 157. Grant on the applicable Final Maps sight visibility easements to the City of Chula Vista for comer lots, as required by the City Engineer to keep sight visibility areas clear of any obstructions. Sight visibility easements shall be shown on grading plans, improvement plans, and final maps to the satisfaction of the City Engineer. (Engineering) 35 158. Design landscape and irrigation plans such that street tree placement is not in conflict with the sight visibility of any traffic signage. The Developer shall be responsible for the removal of any obstructions within the sight visibility of said traffic signs to the satisfaction of the City Engineer. (Engineering) 159. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private utilities or drainage facilities crossing property lines as directed by the City Engineer. (Engineering) 160. Grant to City on all appropriate final "B" Map, a 2-foot access easements along the rear and side property line of lots adjoining walls to be maintained by the open space district. The locations of these easements shall be as required by the Director of Planning and Building and the City Engineer to provide adequate access for maintenance of said wails. (Engineering) 161. Storm drain easements shall be private unless the storm drain systems therein are public. (Engineering) 162. Where a private storm drain easement will parallel a public sewer easement, the easements shall be delineated separately on the final map and on the grading mid improvement plans. If any portion of the easements will overlap one another, the City shall have a superior right to the common portion of the easements. (Engineering) 163. Prior to the approval of each final map, the City Engineer may require either the removal or the subordination of any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way. (Engineering) 164. The developer shall notify the City at least 60 days prior to consideration of the first map by City if any off-site right-of-way cannot be obtained as required by the Conditions of approval. (Only oft-site right-of-~vay or casements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the developer shall: a. Pay the full cost of acquiring oft-site right-of-way and/or easements required by the Conditions of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right-of-way and/or easements. Said estimate to be approved by the City Engineer. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for oft-site improvements or work related to the final 36 map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. (Engineering) 165. Grant on the final maps minimum 15' wide easements to the City of Chula Vista as required by the City Engineer for construction and maintenance of sewer facilities. (Engineering) 66. Provide minimtun 15' wide easements to the City of Chula Vista as required by the City Engineer for construction and maintenance of storm drain facilities. (Engineering) 67. Provide l 0' wide general utility easements adjacent to street right-of-way within public open space lots, unless otherwise approved by the City Engineer. (Engineering) 68. Provide easements for all off-site public storm drains and sewer facilities prior to approval of each final map requiring those facilities. The easements shall be$ized as required by the City of Chula Vista Standards, unless otherwise approved by the City Engineer. (Engineering) 69. Grant on all applicable final maps, easements along all public streets within the subdivision as shown on the tentative map and in accordance with City standards unless otherwise approved by the City Engineer and the Director of Planning and Building. The City Engineer may require either the removal or the subordination of any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-~vay. (Engineering) 70. Grant on all applicable Final Maps, easements in favor of and acceptable to San Diego Gas and Electric, San Diego County Water Authority or their successors in interest which provide vehicular access at those locations where Olympic Parkway, Winding Walk Street, Crossroads Street, and Hunte Parkway cross the entities' easements. (Engineering) 71. Grant on the appropriate final map, a 20-foot minimum sewer and access easement for sewer lines located between residential units, unless otherwise required by the City Engineer. All other easements shall meet City standards for required width. (Engineering) AGREEMENTS/FINANCIAL 172. Enter into a supplemental agreement with the City, prior to approval of each Final Map, where the developer agrees to the following: a. That the City may withhold building permits fbr the subject subdivision if any one of the following occur: i. Regional development threshold limits set by the Chula Vista Transportation Phasing Plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program, as may be amended from time to time. 37 ii. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. iii. The required public facilities, as identified in the PFFP or as amended or other~vise conditioned have not been completed or constructed to the satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City's Director of Planning and Building and the Public Works Director. The Applicant agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch Village Eleven SPA if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. b. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the Applicant of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. To ensure that all fi'anchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer agrees that the City of Chula Vista may grant access to cable companies franchised by the City of Chula Vista to place conduit within the City's easement situated within the Project. Developer shall restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. d. That the City may withhold the issuance of building permits for the Project, should the Developer be detemfined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach c. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. (Engineering) 38 173. Enter into an supplemental agreement with the City prior to approval of the first final "B" Map, where the developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any furore regional impact fee program or facilities benefit district to finance the construction of regional facilities. (Engineering) 174. Prior to approval of each Final Map, the Applicant shall comply with all previous agreements as they pertain to this tentative map. (Engineering, Planning & Building) 175. Prior to approval of each Final Map, the Applicant shall contract with the City's current street sweeping franchisee, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a frequency and level of service comparable to that provided for similar areas of the City. The developer shall cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or 60 days after the completion of all punch list items, whichever is shorter. The developer further agrees to provide the City Special Operations Manager with a copy of the memo requesting street sweeping service, which memo shall include a map of areas to he swept and the date the sweeping will begin. (Public Works) ! 76. The Applicant shall be required to equitably participate in any future regional impact fee program for regional facilities should the region enact such a fee program to assist in the construction of such facilities. The Applicant shall enter into an agreement, prior to approval of the first map, with the City ~vhich states that the Applicant will not protest the formation of any potential future regional benefit assessment district formed to finance regional facilities. (Engineering) 177. The Applicant shall enter into an agreement with the City, prior to approval of the first map, to fund the cost of transit facilities. Said facilities, including but not limited to "transit stops" shall be designed in the manner consistent with the transit stop details as described in the Village Eleven Design Plan, as approved by the City's Transit Coordinator and Director of Planning and Building. (Planning and Building, Engineering) 178. No final maps may be recorded within Village Eleven SPA until such time that an annexable Mello Roos District, or some other financing mechanism approved by the school district, to provide for the construction of needed elementary, middle and high schools is established. (Engineering) 179. Prior to approval of the first final "A" Map for the project in order to satisfy their fair-share contribution for financing the light rail transit system, the Applicant shall enter into an agreement with the City which states that the Applicant will not protest the formation of any 39 potential future regional benefit assessment district formed to finance the LRT. (Engineering) 180. Prior to the approval of any Final Map for the Project that contains open space, the Applicant shall enter into an agreement to construct and secure open space landscape improvements within the map area. All landscape improvements shall be secured in amounts as determined by the Director of Parks & Recreation and approved in form by the City Attorney. (Engineering) SCHOOLS 181. The Applicant shall deliver to the Sweetwater Union High School District a 25-net usable acre graded junior (middle) high school site including utilities provided to the site and an all weather access road acceptable to the District prior to January 1, 2005. The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. (Planning and Building) 182. The applicant shall deliver to the Chula Vista Elementary School District, a 1 O-net useable acre graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, prior to issuance of the 1,05ffh residential building permit (352 students) within Village Eleven SPA. The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modifi~cation by the School District as based on District facility needs. (Planning and Building) MISCELLANEOUS 183. The applicant shall install all public facilities in accordance with the Village Eleven Public Facilities Finance Plan (PFFP), 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. The applicant further agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management Ordinance) as may be amended from time to time by the City. Said Chapter includes but is not limited to Threshold Standards (19.09.040) Public Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures (19.09.100). (Engineering) 184. The Applicant agrees that the maintenance and demolition of all interim facilities (public facilities, utilities and improvements) is the Applicant's respoiasibility, and that construction and demolition bonds will be required to the satisfaction of the City Engineer. (Engineering) 185. Applicant shall acquire offsite right of way and easements necessary to comply with the PFFP schedule to be dedicated to the City. Applicant also agrees to bond for the off-site improvements as required by the City Engineer. (Engineering) 4O 186. Within thirty (30) days of the City Council approval of these map conditions, or prior to the submittal of the first map for the project, whichever occurs first, the Developer shall submit a digital drawing file of the tentative map in its approved form. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file shall combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall contain the following individual layers: a. Subdivision Boundary (closed polygons) b. Lot Lines (closed polygons) c. Street Centerlines (polylines) d. Easements (polylines) e. Street Names (annotation) f. Lot Numbers (annotation) The digital drawing file shall be submitted in accordance with the City Guidelines for Digital Submittal on 3 V2" disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. (Engineering) 187. Submit copies of all tentative maps, final maps, grading and improvement plans in a digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file of the maps shall combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall contain the following individual layers: a Subdivision Boundary (closed polygons) b. Lot Lines (closed polygons) c. Street Centerlines (polylines) d. Easements (polylines) e. Street Nantes (annotation) f. Lot Numbers (annotation) The tentative map, final map, grading plan and improvement plan digital files shall also conform to the City of Chula Vista Subdivision Manual requirements therefore. The digital drawing files shall be submitted in accordance with the City Guidelines for Digital Submittal on 3 ½" disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. (Engineering) 188. Tie the boundary of the subdivision to the California System-Zone VI (1983). (Engineering) 189. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP), and as they may be amended from time to time, the Applicant shall complete the following: (1) Fund the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first 41 fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPA's and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. (Engineering) 190. The owners of each Village shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating from the private sector and submitted to the City of Chula Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well-rounded educational background and experience, including but not limited to land use plam~ing and architecture. (Planning and Building) 191. If developer desires to do certain work on the property after approval of the tentative map but prior to recordation of the applicable final "B" Map, they may do so by obtaining the required approvals and permits from the City. The permits can be approved or denied by the City in accordance with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., final "B" Map and improvement plans) ,vill be approved. All work performed by the developer prior to approval of the applicable "B" Map shall be at the developers own risk. Prior to permit issuance, the developer shall acknowledge in writing that subsequent submittals (i.e., final "B" Map and improvement plans) may require extensive changes, at developers cost, to work done under such early permit. Prior to the issuance ora permit, the developer shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final "B" Map does not record. (Engineering) 192. Prior to approval o£the applicable final map, Applicant shall construct and secure, or agree to construct and secure, the construction of transit stop facilities as set forth in the PFFP. The schedule for constructing the transit stops shall be approved or determined by the City Engineer prior to approval of the aforementioned final map. Applicant shall design, subject to the approval of the City Engineer said transit stops in conjunction *vith the improvement plans for the related street. The City Engineer may require that Applicant provide security guaranteeing the construction of said transit stops in a form of cash or any other form approved by the City Engineer at his~her sole discretion. Since transit service availability may not coincide with project development, the Applicant shall install said improvements when directed by the City. (Public kVorks/Transit) PHASING 193. If the applicant proposes to modify the Village Eleven SPA approved phasing plan, the applicant shall submit to the City a revised phasing plan for review and approval prior to 42 approval of the first final "B" Map. The PFFP shall be revised where necessary to reflect the revised phasing plan. (Engineering) 194. Phasing approved with the SPA Plan may be amended subject to approval by the Director of Planning and Building and the City Engineer. (Planning and Building, Engineering) 195. If phasing is proposed within an individual map or through multiple final maps, the developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of any final map. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning and Building. The City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. The developer agrees that the City Engineer may change the timing of construction of the public facilities. (Engineering) 196. The Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout thebuild-out of Village Eleven SPA, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other Village Eleven SPA Plan document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the Village Eleven SPA's facility ilnprovement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development pattems and updated forecasts in reliance on changing entitlements and market conditions, shall govem Village Eleven SPA development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. (Engineering) 197. Prior to approval of any final map proposing the creation of a Multi-family housing for the Project including Plmming Areas R-17, R-18, Rq9, R-20, R-21, R-22, R-23, R-24, R-25 or MU-1 as a condominium project, community apartment project, or stock cooperative, as defined in the applicable sections of the Government Code, Developer shall agree to process, and thereafter process2 a subsequent tentative map for said proposed condominium, community apartment, or stock cooperative project in said Planning Area pursuant to Section 66426 of the Subdivision Map Act. (Engineering) CODE REQUIREMENTS 198. The Applicant shall comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and ail plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. Underground all utilities within the subdivision in accordance with Municipal Code requirements. (Engineering) 199. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. a. Signal Participation Fees. b. All applicable sewer fees, including but not limited to sewer connection fees. c. Interim SR-125 impact fee. d. Salt Creek Sewer Basin and Poggi Canyon Sewer Basin DIF. Pay the amount of said fees in effect at the time of issuance of building permits. (Engineering) 200. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. (Engineering) 201. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit the disclosure form for approval by the City Engineer prior to Final Map approval. (Engineering) 202. Comply with Council Policy No. 522-02 regarding maintenance of natural cham~els within open spaces. (Engineering) 203. All proposed development shall be consistent with the Otay Ranch Village Eleven SPA Planned Community District Regulations. (Planning and Building) 204. The Applicant shall comply ~vith Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). (Engineering) 205. The applicant acknowledges that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Sectibn 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125/ Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. (Engineering) H:\PLANNING\Otay_Ranch\Village_l 1 \V1 I_TM_Cond_REVISION t.doc TNF TY OF CHULA '~ISTA DtSCLOsLrp~ ~TE~ENT o~h~r of~mLat bo0[~_ ~e /oI)O~'s~g Inlucmatia~ must bc dl$~Jo$c~: "~ ~l~sIon, I. L~[ the nam~ of all p~uR~ having a flnanclul [ntcr~t in Ihe prop~rt), which i5 ihe subject oC [he appli~tlon or Brookfield Otay LLc. a Delaware sh~a Otay Village Il LLC~a limited liabi~t~ co~psn~ Califo~ia limited liability e~mp N/A ¢ ~D~ ~ dirtier u[ the no~-profil orga~i~lion or ~ ~rUS[~ ~r be~¢flcia~ or [rqstoy O~ {~e t~ust. _,: N/A 4. Have you had more than $250 worth of business [ran.sacred wilh any member of thc Ci{y staff. Boar~, Camm~lo~ ~m~Jtte~. and ~uncll ~Ithin the p~l t~eJyc menlO? Y~__ No X ~ If yes, p}~c lndj~lc per,on(s): ~ 5_ PI~c ideutif~ ~ch: you have ~sa[gned to rcpr~chl you be~re'ihc City la {his mal~en J~hn No.aa, Steve Doyle Geocon~ Dudek, ~ Associa.tes Willi~ Hezm~halch A~chitec~s ~c. L~d ConceT~, Wilson fingineering Hunsaker & Associates Te~ri Barker current ~r pre.ding election peri{ d~ Y~ Mn A lf~, s~atc which ~u~ciJ~e~bec(s): - ...... ~3mited liabilit~ company r~ of ~nttactor/appli~n~ Vice pr~siden¢ name o{ ~ntraclor/applJ~m J [ [H'()kl S3HOH d-13I JHOO~H [4d9i :t;- [00~'6I '~3S Village Club Card Room 429 Broadway Avenue, Chula Vista, CA 91910 619/426-4542 October 22, 2001 Hon. Mayor and City Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: PCC-00-16; Village Club Cardroom; Request for changes to terms of grant of permit Honorable Mayor and Members of the City Council: I am the applicant as to the above-referenced request to modify a conditional use permit. I have had an opportunity to review the staff report, including the recommended terms of grant of permit which appear in the proposed City Council resolution. Most of these conditions are acceptable to me. Others should be changed. Condition 6 involves remodeling the exterior. I request this be changed to the following: "The exterior of extending the mansard building. All rooftop by means of a parapet building. " the cocktail lounge shall be remodeled by roof across the entire front of the mechanical equipment shall also be screened or screening material to match the Rationale: Staff has indicated this will be the requirement. I prefer this be clarified. Item 7 concerns signage. I suggest the following: "The existing signage of the cocktail lounge shall be removed. The pole sign shall be relocated out of the public right of way to the extent required by the sign ordinance, subject to the approval of the Director of Planning and Planning." Rationale: Staff has indicated this will be the requirement. I prefer this be clarified. Hon. Mayor and City Council City of Chula Vista October 22, 2001 Page 2 Item 26 should state the following: "The curbside parking on the east side of Broadway will be prohibited for a distance of 50 feet north and south of Vance Street, which will be verified in the field and painted red-curb by the City." Rationale: The traffic engineering department has stated that this will be the sole requirement. It has had ample opportunity to review my traffic study. There is no plan I could submit which would demonstrate anything additional regarding sight distance. I should not be forced to go through this review again. Add as Item 33: "The applicant shall be allowed to conduct business 24 hours a day immediately and may provide alcoholic beverage service as soon as permitted by the police department and the Alcohol Beverage Commission. All other conditions must be complied with prior to implementation of Class II gaming or the use of more than ten tables." Rationale: Parking requirements would be the same as now and it might give a boost to help pay for remodeling the interior. Fees- It should be clarified that any fees will required only to the extent that they would normally be due. Additional Grant of Term- This item should be deleted or modified for the following reasons. 1. Ten years is not adequate. There may not be any place to move the card room. If the City can not demonstrate that there is another location, or if it is unwilling to approve another location, I should not be forced to close this business, which my family has operated in the same location since 1946. 2. The most recent consolidation resulted in no gain as to the number of tables I could have. I turned the licenses over to the City and they were canceled. This resulted in changes to the gaming plan which I hope will benefit me, but it was also a substantial benefit to the City. I have undertaken large Hon. Mayor and City Council City of Chula Vista October 22, 2001 Page 3 financial obligations in order to consolidate all the card room licenses. Ten years will be barely enough time to repay all of these obligations. It would be unfair to force me to then close my business. Thank you for your consideration. SZl/~ ~. SOUZ~ COUNCIL AGENDA STATEMENT Item: 1..__~ Meeting Date: 10/23/01 ITEM TITLE: Public Hearing: PCC-00-16: Proposal by the Village Club card room to modify their existing Conditional Use Permit and increase the allowed number of card tables from 10 to 12, with a maximum 126 players, to serve alcoholic beverages along with food, and to provide a 24-hour, 7 day a week operation with valet parking required for all parking on the site. Resolution of the City Council of the City of Chula Vista granting a Conditional Use Permit modifying the existing permit to allow the expansion of the existing card room facility, including Class II gaming, at the Village Club card room, located at 429 Broadway. Applicant: Harvey Souza DBA Village Club (PCC-00-16). SUBMITTED BY: Director of Planning and Building REVIEWED BY: City Manager ~k~j ~ (4/Sths Vote: Y~__No X} Under an existing Conditional Use Permit, the Village Club (Applicant) currently operates 10 card tables; 2 are used for "21st Century California Style Blackjack," and the other 8 are used for poker. The Winner's Circle Cocktail Lounge has been closed since February 2000 and would be now be remodeled for use as a waiting and eating area, as well for locating the 3 "Pai-Gow' tables, which allow for up to 15 persons per table instead of the typical 8 persons per table for Blackjack or Poker tables. No alcoholic beverages have been seiwed since the closure of the bar. A new restaurant type alcohol license will allow for the sale of liquor, beer and wine to be served with food from 5PM until 2AM seven days a week by the ABC license. The Environmental Planning Section has prepared a Negative Declaration based on the Initial Study, in compliance with the California Environmental Quality Act (CEQA). RECOMMENDATION: That the City Council approves the attached resolution, approving the modifications to the existing Conditional Use Permit. BOARDS/COMMISSIONS RECOMMENDATION: On October 17, 2001,. the Planning Commission voted (6 0 0 - l) to adopt Planning Commission Resolution PCC-00-16, recommending the City Council adopt the Negative Declaration and approve the Conditional Use Permit with the conditions and findings contained in the attached City Council Resolution. On October 1, 2001, the Resource Conservation Commission determined that the Initial Study was adequate and recommended adoption of the Negative Declaration. Page 2, Item: Meeting Date: 10/23/01 DISCUSSION: Background 1. Gaming Plan History_: The Village Card Room is the only card room in operation within the City, and will in all likelihood be the only card room within the City in the foreseeable future. Over the past decade, the City Council has reviewed the Gaming issues in our community on five occasions. In February 1996 the City Council approved the City's Gaming Plan, which modified the City's Gaming Ordinance (Chapter 5.20 of the Municipal Code). The 1996 amendments allowed for local control of gaming as allowed by State legislation with regard to fee structure, hours of operation, types of games allowed and quantified the types of licenses allowed. In 1996, card room licenses available in the City were based on per capita population counts of 40,000 persons; however, in November 1998, the City Council capped the number of licenses available at four, requiring an advisory vote of the people before additional licenses could be issued. In January 2000 the applicant requested that the City amend the Gaming Plan again to allow the purchase of two of the four licenses from the City and the forfeiture of those same licenses back to the City. In September 2000, the City Council approved these modifications to the Gaming Plan. The applicant now owns the only two valid card room licenses in the City. The result is that the two licenses are now being proposed to be utilized as part of a consolidated operation that would allow for up to 12 card tables, including 3 class II tables, at the same location at 429 Broadway (see Gaming Plan --- Attachment 6). 2. Conditional Use Permit: The existing card room has been operating since approximately 1963. This predated the City's Conditional Use Permit requirements for card rooms, which are required for all card rooms and/or gaming establishments and are only allowed within the CT and CC zones. The property is located in the CT zone. In April 1996 the Village Card Room made a request to open on Sundays and it was necessary for them to obtain a Conditional Use Permit (PCC-96-27) from the Planning Commission in conformance with the changes made to the Gaming Plan earlier in the year. The hours of operation that were approved were 9 AM to 12 Midnight on Sundays, and allowed for the continued operating hours during the week from 9 AM to 1 AM Monday through Saturday. The Permit was to have expired after a period of 5 years on April 24, 2001. In June 1998 a modification was made to the conditional use permit which was approved administratively (PCC-96-27M) and allowed further changes to the hours of operation from the 1996 approval, extending the hours of operation to 8 AM to 4 AM Monday through Saturday, and from 9 AM Sunday to lAM Monday. Page 3, Item: Meeting Date: 10/23/01 In February 2001 another modification to the conditional use permit was approved. The administrative approval allowed for 2 new card tables for use as "21~t Century California Style Blackjack," (Class IA) tables in addition to the 8 poker (Class I) card tables existing within the facility. The closure of the Winner's Circle Cocktail Lounge eliminated the need to provide more parking as a result of the additional card tables (for a total of 10), but also caused the forfeiture of the alcoholic beverage control (ABC) license. The Zoning Administrator approval provided an extension for the current operation to continue beyond April 24, 2001, or until the current long-term expansion proposal was reviewed and approved by the Planning Commission and City Council. Proposal: The proposed modifications are as follows: A. Increase the hours of operation to 24-hour/7 days-a-week, from current Monday through Saturday 8 AM to 4 AM and Sunday 9 AM to 1 AM Monday hours of operation; B. Expand the number of card tables to 12 tables with a maximum 126 players. Up to 3 tables could be used for "Pai-Gow" (Class II gaming per Chula Vista Gaming Plan); a self-imposed limit of 15 persons at each Class II table is part of the request (where up to 28 persons could participate in "back-line" betting) in order to reduce parking demand. The other 9 tables would allow up to 9 players per table. Up to 3 tables could be used for "21~t Century California Style Blackjack," (Class IA) and the remaining 6 tables would continue to be for poker (Class I); C Allow alcoholic beverage service within the card room areas. There will be a service bar where patrons may purchase liquor as well as beer and wine. An ABC type 47-restaurant license is being requested, and the hours for alcoholic beverage sales per the Gaming Plan regulations only allow alcohol sale between 5 PM to 2 AM Monday through Sunday. The service bar is for waiters and waitresses bringing food and beverages to card tables but would also allow customers to obtain food and beverages self-service. D. Convert the use of the former Winner's Circle Cocktail Lounge building into an additional card room area, likely to accommodate the addition of the 3 "Pai-Gow' (Class II) card tables and the effective increase the number of overall card players, as well as to provide a 475-sq. fi. office space for management; E. Convert the use of the vacant property at 584 Vance Street, an R-2 zoned lot adjacent to the parking lot, and incorporate it into the existing parking lot, as part of the overall conversion of the parking lot from self-service parking to valet and tandem parking; F. Allow a parking ratio of 1 parking space per 1.5 licensed card room seats (an un.codified but accepted standard). The required parking based on this standard would be 84 parking spaces, based on the 15 card players per 3 Class II card tables and 9 card players per 9 Class I and IA card tables. All parking space provisions will be in tandem spaces controlled by valet service. Page 4, Item: Meeting Date: 10/23/01 Analysis: 1. General Plan, Zoning and Land Usel GENERAL PLAN ZONING CURi~NT LAND USE Site: Commercial Retail CT Village Card Room, former Winner's Circle Cocktail Lounge; Residential Medium R-2 Vacant Lot proposed for Addition to Parking Lot North: Commercial Retail CT Joey's Cocktail Lounge; Commercial Retail COP Mucho Media Marketing; South Bay Real Estate Offices Residential Medium R-2 Single Family Residence South: Commercial Retail CT Murphy's Market/Strip Mall Commercial Shopping Center East: Residential Medium R-2 Single Family Residence West: Commercial Retail CT American Tire Company The property is non-conforming with regard to development standards. Normally, the City does not allow a non-conforming use to be enlarged, extended, reconstructed, or structurally altered (CVMC 19.64.050). It is also per the City Code is to eliminate the continued use of non-conforming situations as soon as it is economically feasible to do so (CVMC Section 19.64.010). However, in this case the Applicant has sought since the 1996 Conditional Use Permit to relocate his business to other parts of the City where the City's development standards could more easily have been met, but the proposed sites were deemed either unfeasible or inappropriate by City staff. As a result, staff concurs with the Applicant, that by purchasing and forfeiting two of the four gaming licenses left in the City in the past year, that it would only be acceptable to stay in the same location while pursuing the full utilization of the two remaining gaming licenses held, which would allow for up to the 12 card tables requested at this time. To this end, the Applicant has made a diligent effort to address some of the non-conforming development standards (such as parking and landscaping) to the existing property, as discussed in the following analysis of the request proposal. 2. Analysis of the Proposed Modifications: A. Hours of Operation: The current allowed hours for the card room are 8 AM to 4 AM Monday through Saturday, and 9AM Sunday to 1AM Monday that currently stand. The proposal is to allow a 24-hour operation, adding only an additional 4-hour window of operation during the week, and an additional 7-hour window of operation on Monday mornings. Previous hour changes were supported by the Police Department. Although there are some concerns about increased foot and vehicular traffic, as well as additional calls for service to the area, the Police Department supports the 24-hour operation. Page 5, Item: Meeting Date: 10/23/01 Card room clients typically stay at the facility for extended periods of time, and they generally play for a number of hours. If the card room is open 24-hours, the number of customer trips in and out of the facility will be minimized. In addition, full-time occupancy of the facility minimizes the potential for burglary, vandalism, and other criminal activity that can occur when a facility is closed. Staff is recommending approval of a 24-hour operation, with conditions limiting alcohol service hours, and requiring the implementation of a Security Plan provided by the Applicant and approved by the Police Department. B. Expanded Card Table Gaming: The Applicant indicates that the addition of two tables and "Pai-Gow" at 3 of the 12 total card tables is critical to the success of the Village Card Room expansion. The key element is the addition of Pai- Gow. It is anticipated that the Pai-Gow gaming will bring additional patronage and redirect some local residents that travel to Indian gaming casinos to play here. It was anticipated in the original application submitted in October 1999 that up to 28 licensed seats or un-seated "back-line" players would be accommodated. After further review of other establishments the Applicant agreed to limit the "Pai-Gow" tables to only 15 licensed seats, including "back line" players. The comparison of Applicant's proposal to the existing situation would therefore be as follows: Village Card Room: Existing: Proposed: Class I: POKER 8 tables x 9 seats - 72 players 6 tables x 9 seats = 54 players BLACKJACK 2 tables x 9 seats = 18 players 3 tables x 9 seats = 27 players Class II: PAt-Gow None 3 tables x 15 seats = 45 players Totals: 10 tables --- 90 players 12 tables --- 12~ players The "Pai-Gow" gaming will be closely monitored by the Police Department per the Gaming Plan. This means that a Security Plan shall be provided to the Police Department for review and approval. Also, staffrecommends that if there are any irregularities or violations of the conditions placed on the card tables, such as the number of persons playing at card tables or the prescribed seating at the card tables as proposed that are occurring at any time, then staff bring the permit back to Planning Commission and City Council for further review or revocation of the Conditional Use Permit. C. Alcoholic Beverage Provisions: The sale of alcoholic beverages will not be 24-hours. The ABC license proposes to allow alcohol to be served at th~ card room tables by a waitress from a service bar. The service bar will also Page 6, Item: Meeting Date: 10/23/01 provide alcoholic beverages for customers waiting and eating. However, while the ABC license could allow alcohol to be served from 6 AM to 2 AM (20 hours) daily, the City's Gaming Plan limits the Applicant to the sale of liquor, wine and beer between 5 PM and 2 AM (9 hours) on a daily basis. Staff is recommending that in conjunction with the time frame for alcoholic beverage consumption being limited to 5 PM to 2 AM (9 hours), that receipts be provided at the end of each year to verify that the sale of alcohol is incidental to the sale of food, in compliance with an ABC On,Site General Sale (Type 47) Eating Place (restaurant) license, where 50 percent or more of all sales must be food. D. Conversion of Cocktail Lounge to Card Room Use: Planning Staff has reviewed the conversion of the cocktail lounge to card room use in order to address any land use impacts. The conversion allows for the expansion and use of the two gaming licenses for up to 12 card tables. The Police Department has also reviewed the proposal and will control the physical separation and allowable mix of types of card games permitted through the Gaming Plan. For example, the Gaming Plan requires that Class II games, such as the proposed 3 "Pai-Gow" (Class II) card tables be physically segregated from Class 1 gaming areas. The floor plan submitted shows three card tables to be located within the area of the former Winner's Circle Cocktail Lounge. The requirement to segregate Class II gaming from Class I gaming could be appropriately accomplished by locating the 3 "Pai-Gow" (Class II) card tables in the former Winner's Circle Cocktail Lounge. The Applicant would like to have the ability to interchange the three basic games of"Pai-Gow," "21~t Century California Style" Blackjack, and poker in all areas shown on the floor plan. The issue of the table location is one addressed by the Gaming Plan and does not need to be included in the conditions for this Conditional Use Permit. However, the Conditional Use Permit does require compliance with the Gaming Plan. It is recommended that the exterior of the cocktail lounge be remodeled and that a fagade treatment be provided to integrate the two buildings together. This would entail matching the roofing elements, window framing, materials and colors of the Village Club and extending these elements onto the cocktail lounge building. All rooftop mechanical equipment shall also be screened by means of a parapet or screening material to match the building. The building shall also require graffiti coating as a condition of approval. Staffis recommending that all signage be brought into conformance with the City's Sign Ordinance. This means the old signage of the cocktail lounge shall be removed, and the freestanding pole sign at the corner of Broadway and Vance Street shall be removed or relocated, since it is within the City's right-of-way. The existing pole sign could be relocated a minimum 10qft from the interior property lines and within the front landscape planter areas. Page 7, Item: Meeting Date: 10/23/01 E. Conversion of Adjacent Lot for Parking- The use of the adjacent R-2 zoned lot to the east of the existing parking lot requires Planning Commission and City Council approval as a part of this modification to the conditional use permit. Per the Zoning Code, parking facilities are allowed in certain residential zones if they are adjacent or within 200-ft of the facility (Section 19.62.040). Per the zoning code (Section 19.26.040.A), the R-2 zoned property can be used as a parking lot by way ora conditional use permit. If approved as part of this Conditional Use Permit, there would be no need for a zone change to Commercial Thoroughfare (CT), which is the zoning for the remainder card room property, or a General Plan Amendment from Residential Medium to Commercial Thoroughfare. Staff recommends that the Applicant be allowed to use the adjacent R-2 lot for parking. As a condition, the lot shall be upgraded with the same paving, striping, and landscaping improvements as the rest of the parking lot as discussed below. A recommended condition of approval is that the screening wall be increased from a 5-ff. wall to a 6-ft. decorative block wall on the easterly property line. There shall also be a landscape buffer to separate the commercial and residential uses that is discussed later in this report. F. Parking Provisions for Card Room Players and Employees' (1) Parking Space Ratio and Provisions: The Applicant requests that the parking ratio applied incorporate provisions for all employee parking in conjunction with the 1 parking space per 1.5 card player un-codified but accepted standard. In previous Conditional Use Permit applications for the card room, the staffhas used, and the Planning Commission has approved, the use of the 1.5 parking ratio. Of note, the most restrictive codified parking ratio is 1 parking space per 2.5 seats for restaurants, bars, and nightclubs (19.62.050.25). The ratio of 1 parking space per 1.5 card room seats is therefore a high parking standard, and has been considered as one that incorporated employee parking within the parking space ratio. The current requirement for 60 parking spaces for a 90-player 1 O-card table facility, results in a ratio of I parking space per 1.5 persons. The proposal is to provide 89 parking spaces for a 126-player, 12-card table facility, resulting in a ratio of 1 parking space per 1.4 persons, which exceeds the previously used standard. Staff recommends that the parking ratio and requirement remain the same (1.5). The 5 additional parking spaces shown on the site plan go beyond the minimum requirement. These should be eliminated in order to provide for more landscape planter areas to meet the landscape standards. Page 8, Item: Meeting Date: 10/23/01 (2) Parking Space and Parking Lot Layout' The applicant has worked diligently to try and maintain the parking ratio needed to expand the facility while only being able to increase the size of the parking lot by utilizing the single R-2 lot adjacent to the east. The applicant has also worked to eliminate use of the Broadway building setback for parking and to provide some landscaping within the setback. With the exception of the handicapped and valet parking spaces, the applicant has attempted to address the Broadway (front) and Vance Street (exterior side) setbacks and install landscape improvements. In addition, landscape elements are included behind the building, within the parking areas, and along the easterly property line abutting the residential zone as part of the overall parking plan landscaping. The ability to provide the additional 24 required parking spaces is due in part to the difference in the size and design of the parking spaces and parking lot layout being requested. For example, 83 of the 89 parking spaces shown on the site plan are dimensioned 8.3 x 16-ft., instead of the typical 9 x 19 dimension For a standard size parking space. In addition, the same 83 parking spaces are proposed to park in tandem The success of such a parking arrangement is contingent on the approval of a permanent 24-hour valet parking system. This is an unusual request; however, this is a unique land use, as it is most likely to be the only card room thcility to exist in the City in the foreseeable future. In addition, it may be one of the only locations where such a parking system might successfully occur within the City, since it is proposed to be a 24-hour operation. Staffbelieves the valet parking system is reasonable and necessary to control the ingress and egress of individual vehicles that will be parked in tandem. Staff recommends that the driveways be appropriately removed, replaced or re-aligned as necessary for proper circulation within the valet and tandem parking arrangement, as a condition of approval for the valet parking scheme. In addition, staff recommends that the approval of the tandem parking be contingent on the approval of the full-time valet parking provisions for the entire parking lot on a 24-hour basis. In addition, if the Applicant wishes to discontinue the valet parking it shall be a requirement that the Conditional Use Permit be amended to allow for the re-striping of the parking lot with standard parking spaces and driveway aisles. This would mean that the card room operation (number of card tables allowed) would have to be proportionally reduced based on the lower number of parking spaces, unless additional off-site parking spaces can be provided to maintain the intensity of use. (3) Landscaping: The total landscaping requirement is normally 10 percent of the parking lot areas, and 15 percent of the overall site as set forth in the City's Design and Landscape manuals. The Page 9, Item: Meeting Date: 10/23/01 building setbacks are also to be a minimum 50 percent landscaped in accordance with the zoning code for commercial zones. While the percentage standards are not specifically codified, the Thoroughfare Commercial (CT) Zoning section of the code states that the site shall be landscaped in conformance with the landscaping manual of the City, and approved by the Director of Planning (19.40.080). In this case, the landscaping proposed in the parking lot areas covers approximately 6 percent, including planter boxes in the parking lot, a 3-fL deep landscape planter buffer along the east property line, and a 6-ft. deep landscape planter buffer along Vance Street. The amount of landscaping proposed is less than what is required, but represents a significant improvement to the site. Staff has noted that additional landscape planter areas could be added to the conceptual landscape plan as a condition of approval. For example, there is a potential for adding a new planter area within the front building setback at the corner of Broadway and Vance Street, replacing a handicap parking space. Since only four handicap parking spaces are required, the parking space at the corner can be eliminated. Additional landscape planter areas could also be provided by eliminating the four parking spaces that are in excess of the 84 required parking spaces being provided in the Applicant's plans. Elimination of these four spaces would allow additional landscaping along Vance Street and possibly additional tree wells within the parking lot. Staffrecommends that the Applicant submit a revised landscape plan showing the elimination of 5 parking spaces (1 handicap and 4 regular) and additional landscaping areas subject to approval by the Landscape Planner. Revised plans will be reviewed to ensure that the proposed planting wilt be appropriate and that the irrigation and maintenance arrangements will be satisfactory to address the longevity and durability of the proposed landscaping elements. Conclusion: Staffrecommends that the City Council approve the proposed modifications as stated above as items A through F, and described in the analysis, subject to the conditions of approval found in the attached resolution. FISCAL IMPACT: The applicant has paid, or will pay, all processing fees for this Conditional Use Permit and the Initial Study (Environmental Review). In addition, the gaming plan stipulates that the City will receive annual fees for each card table. Effective upon approval, the license tax per card table for Class I gaming (Poker, six (6) tables) is $2,625 per annual quarter. The license tax per card table for Class IA gaming (Blackjack, three (3) tables) is $3,937.50 per annual quarter. The license tax per card table for Class II gaming (Pai-Gow, three (3) tables) is $5,250 per annual quarter. Page 10, Item: Meeting Date: 10/23/01 According to the Finance Department, the Village is already required to pay quarterly license taxes for 12 card tables, even though at this time they are only able to utilize 10 card tables because of the parking limitations that will be addressed through this Conditional Use Permit. The current license tax paid annually is $136,500 for ten (10) Class I card tables paying $2625 each per quarter, and two (2) Class IA card tables paying $3937.50 each per quarter. Approval of this Conditional Use Permit will increase the license tax paid annually to $173,250 for six (6) Class I card tables paying $2625 each per quarter, three (3) Class IA card tables paying $3937.50 each per quarter, and three (3) Class 1I card tables paying $5250 each per quarter. Therefore, the net difference in license tax paid annually as a result of this Conditional Use Permit would be an increase of $36,750. Attachments 1. Locator Map 2. Planning Commission Resolution 3. Negative Declaration 4. Application Documents with Disclosure Statement 5. Gaming Plan J:\PLANNING~HARO LD\C C-0O- 16-FINAL.]}O C VISTA SQUARE ELEMENTARY SCHOOL SOUTHBAY VISTAN TOWER APARTMENT PEPBOYS CHULA VISTA CENTER CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT VILLAGE CARD ROOM PRO.JEC:TDF..~CR~PT~ON: ( A,,UC,~.. CONDITIONAL USE PERMIT PROJECT 429 BROADWAY ADDRESS: SCAI. F: FILE NUMBER: · NORTH No Scale PCC-O0-16 h :~home\planning\cados\locators\PCCO016.cdr 8/30/01 /~-/! RESOLUTION NO. PCC-00-16: RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL GRANT A CONDITIONAL USE PERMIT, PCC-00-16, MODIIeYING THE~ EXISTING PERMIT TO ALLOW Tl~ EXPANSION OF ~ EXISTING CARD ROOM FACILITY, INCLUDING CLASS II GAMING, AT TIlE VILLAGE CARD ROOM, LOCATED AT 429 BROADWAY. WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on October 5, 1999 by Harvey Souza DBA Village Club; and WHEREAS, said applicant requests permission to modify the existing use permit to allow expansion of the existing card room facility, including Class 1I gaming, at 429 Broadway and 584 Vance; and WHEREAS, the Resource Conservation Commission determined that the initial study was adequate and recommended adoption of the Negative Declaration as to the effects of the proposal on the environment on October 1, 2001 in compliance with the California Environmental Quality Act; and WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit and notice of said heating, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and residents within 500-t5. of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely October 17, 2001 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to subject application. NOW, TH:EREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council approve Conditional Use Permit PCC-01-16 in accordance with the findings and subject to the conditions and findings contained in the attached draft City Council Resolution. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALWORN1A, this 17th day of October, 2001, by the following vote, to-wit: AYE S: NOES: ABSTAIN: Kevin O'Neill, Chair ATTEST: Diana Vargas, Secretary J: kP LANN IN G\HARO LD~I~ESOLUTIONS~ES OPCC00-16. DOC Negative Declaration PROTECT NAME: Village Club Card Room PROTECT LOCATION: 429 Broadway, Chula Vista, CA 91911 ASSESSOR'S PARCEL NO.: 567-212-04, 567-212-21 PROTECT APPLICANT: Harvey F. Souza CASE NO.: IS-01-33 DATE: September 17, 2001 A. Project Setting The 0.62-acre site consists of two contiguous parcels located at the southeast comer of Broadway Avenue and Vance Street. Pamel 1 is developed with an approximate 4,972 square-foot building shared by the Village Card Room and a cocktail lounge. The site ha~ a 47-space paved parking lot at the rear of the building. Parcel 2 located to the east is a vacant 0.14-acre dirt lot. The facility operates 9:00 a.m. to 4:00 a~m. seven days a week. Surrounding land uses are: North - Commercial buildings (on the north side of Vanen Street); East - Three single-family residences; South - Two commergial buildings (across all alley); and West - Coumtercial buildings (on the west side of Broadway). B. Project Description The project proposes to expand the current Village Card Room from eight tables (72 seating positions) to 12 tables (124 positions) and to increase the operating hours to 24 hours per day, seven day a week. The expansion will result in the conversion of a cocktail lounge, located within the same building, to an additional card ro°m area. The size of the building (4,972 sq.ft.) will remain the same. The project proposes to pave the unpaved parking area and restripe the existing parking lot in order to expand the existing parking lot f~om 47 spaces to 89 spaces. Five handicap parking stalls would be located at the north end of the building and 84 tandem parking stalls would be located in the enlarged parking lot. Patrons entering the site would continue to utilize the existing access driveways on Vance Street. Valet service for the tandem parking spaces would be provided at the main entrance to the Village Card Room, which is located on the parking lot side of the structure. The existing chain link fence along .the eastern property boundary would be removed and replaced by a five-foot high block wall. This wall would serve as a noise barrier for the adjacent single-family residences. A conceptual landscape plan proposes to landscape the Broadway and Vance Street frontages as well as the interior of the parking lot. I 09/17/01 C. Comphance with Zoning and Plans The Village Club Card Room facility is__consistent with the CT (Commercial - Thoroughfare) ami the CoT (Thoroughfare Commercial) zone. The adjacent vacant lot used for parking is consistent with the RM (Residential Medium) General Plan designation, and R-2 (One- and Two-Family Residence) zomg designation with the approval of a Conditional Use Permit. The project is consistent with the City's environmental plans and policies. D. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including the attached Enviromental Checklist form) determined that the proposed project will not have a significant environmental effect, and the preparation of an Environmental Impact Report will not be required. This Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines, E. Public Comments No comment letters were received at the end of the public review period. F. Identification of EnvironmentaI Effects An Init/al Study conducted by the City of Chula Vista (including the attached Environmental Checklist form) detea'mined that the proposed project will not have a significant environmental effect, and the preparation of an Environmental Impact Report will not be required. This Negative Declaration has been prepared in accordance w/th Section 15070 of the State CEQA Guidelines. G. Mitigation Necessary to Avoid Significant Effects No project-specific mitigation measures are required to redUce potential environmental impacts to a less than significant level. I agree to implement the miti~,ation measures required as stated in tiffs Section (F) of this Mitigated Negative Declaration. Name, Title Date 2 09/17/01 H. Consultation 1. Individuals and Orgainzations City of Chula Vista: Marilyn Ponseggi, Planning Div/sion Stephen Power, Planning Division Doug Perry, Fire Marshall Sarmr Nuhaily, Engineering Department John Schmitz, Planning Division Ralph Leyva, Engineering Depamuent M.J. Dormelly, Engineering Depat anent Applicant's Agent: Michael A. Green 2. Documents Chula Vista General Plan (1989) and EIR (1989) Title 19, Chula Vista Municipal Code 3. Initial Study This environmental determination is based on the attached Initial Study, comments received on the In/rial Study and any comments received dUnUg the public review period for thig negative declaration. The report reflects the independent judgement of the City of Chula Vista. Further information regardfiag the environmental review of this project is available fi:om the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910. Mfirilyn fL F. Ponseggi ---) Environmental Review Coordinator 3 09/17/01 Case No.IS~01~033 ENVIRONMENTAL Cl~ECKLIST FORM 1. Name of Proponent: --- Harvey F. Souza 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: 429 Broadway Chula Vista, CA 91910 (619) 425-3333 4. Name of Proposal: Village Club Card Room 5. Date of Checklist: September 17, 2001 I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or [] [] [] [] zoning? b) Conflict with applicable environmental plans or [] [] [] ~ policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations (e.g., r~ [] [] [] impacts to soils or farmlands, or impacts from incompatible land ~es)? d) Disrupt or divide the physical arrangement of [] [] [] ~ an established community (including a low- income or minority commuxdty)? Comments: The 0.62-acre site consists of two contiguous parcels located at the southeast comer of Broadway Avenue and Vance Street. Parcel 1 is developed with an al, l~,oximatc 4,972 square-foot building shared by the Village Card Room and a cocktail lounge. The site has a 47-space paved parking lot at the rear of the building. Parcel 2, located to the east, is a vacant dirt lot. The facility operates 9:00 a.m. to 4:00 a.m. seven days a week. Surrounding land uses are: North- Commercial buildings (on the north side of Vance Street}; East - Three single-family residences; South - Two cou~uercial buildings (across an alley'); and West - Commercial buildings (on the west side of Broadway). The Village Club Card Room has operated at its present location for over 50 years and preceded the requirement for a Conditional Use Permit (CUP). The current CUP was approved by the City of Chula Vista in 1996. The project proposes to expand the current Card Room from eight tables (72 seating positions) to 12 tables (124 positions) and to increase the operating hours to 24 hours per day, seven day a 1 /Ll~;~) 09/17/01 week. The expansion will result in the conversion of the Winners Circle Pub, located within the same building, to an additional card room area. The size of the building (4,972 sq.fL) will remain the same. The project proposes to pave the unpaved parking area on an adjacent vacant lot to the east, and reslripe the existing parking lot in order to expand the existing parking lot fi.om 47 spaces to 89 spaces. The vacant lot previously contained a single-family re_sid~enee. Five h.ndicap parking stalls would be located at ~he north end of the building and 84 tandem parking stalls would be located in the eulmged parking lot. Patrons entering the site would continue to utilize the existing aeeass driveways on Vance Street. Valet service for the tandem parking spaces would be provided at the main entrance to the Village Card Room, which is located on the parking lot side of the structure. The existing chain link fence along the eastern property boundary would be removed and replaced by a five-foot high block wall. This wall is proposed as part of the project to serve as a noise barrier for the adjacent single-family residences. A conceptual landscape plan proposes to landscape the Broadway and Vance SU-eet frontages as well as the interior of the parking lot. The Village Club Card Room facility is consistent with the CT (Commercial ~ Thoroughfare) and the C- T (Thoroughfare Commercial) zone. The adjacent vacant lot used for parking is consistent with the RM (Residential Medium) General Plan designation, and R-2 (One- and Two-Family Residence) zoning designation with the approval of a Conditional Use Permit. The project is consistent with the City's environmental plans and policies. The proposed project would not disrupt an established community. No sigrtificant land use and planning impacts would result. Mitigation: No mitigation is required. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local [] [3 [] [] population projections? b) Induce substantial-growth in an area either [] [] [] [] directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable [] [] [] [] housing? Comments: The project is surrounded by existing commercial development on the north, south, and west. Single-family residences are located to the east. The project does not involve an extension of public facilities that would induce substantial growth. Expanding the Card Room seating within the existing structure and constructing a parking lot is consistent with the General Plan and would not exceed the regional or local population projections. Mitigation: No mitigation is required. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: 2 ]L/~/7 09/17/01 a) Unstable earth conditions or changes m [] [] [] geologic substructures? b) Disn~tions, d/splaeements, compaction or [] overcovermg of the soil? c) Change in topography or gro_un~d surface relief [] [] [] features? d) The destruction, covering or modification of rn [] rn [] any unique geologic or physical features? e) Any increase in wind or water erosion of soils, 12 either on or offthe site? f) Changes m deposition or erosion of beach [] [] [] sands, or changes in siltation, deposition or erosion, which may modify the channel of a river or stream or the bed of the ocean or any bay inlet or lake? g) Exposure of people or property to geologic [] [] [] [] bastards such as earthquakes, landslides, mudshdes, ground failure, or similar ba?ards? Comments: There are no known geophysical conditions present that would expose people to geologic or earth hazards. The site is not within a mapped Earthquake Fault Zone; the Rose Canyon Fault Zone is approximately 21 miles to the north, and the La Naeion earthquake fault is approximately three miles to the east. Compliance with the construction requirements for parking lots would avoid potentially significant impacts resulting from seismic activity. The entire site is covered with structures and paving. The project site is essentially flat and rnixlimal grading would be required to conslruct the expanded parking lot. No significant effects such as change in topography, geologic hazards, etc. would result from construction of the parking lot. Best Management Practices (BMPs) are required to be implemented during and after parking lot construction to prevent erosion and sedimentation in the downstream storm drain system. All grading operations will be performed in compliance with the City of Chula Vista Grading Ordinance (Ordinance 1797, as amended). Short-term erosion would be reduced to a less than s/~tmificant level by the installation of temporary desilting and erosion control devices as specified un the grading and/or improvement plato These devices include desilting basins, berms, hay bales, silt fences, dikes, and shoring. Protective devices will be provided at storm drain inlets to prevent sediment from entering the storm drain system. Mitigation: No mitigation measures are required. IV. WA'I'I~IL Would the proposal result in: a) Changes in absorption rates, drainage patterns,_ [] [] [] or the rote and amount of surface runoff?. b) Exposure of people or property to water related [] [] [] hazards such as flooding or tidal waves? c) Discharge into surface waters or other alteration [] [] [] [] of surface water quality (e.g., temperature, 3 /q ~/~ 09/17/01 dissolved oxygen or turbidity)? d) Changes in the amount of surface water m any water body? e) Changes in currents, or the cottrs~ of direction of water movements, in either*aar~ne or fresh waters? 13 Change m the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? g)Altered direction or rote of flow of groundwater? h) Impacts to groundwater quality? i) Alterations to the course or flow of [] [] [] [] floodwaters? j) Substantial reduction in the amount of water [] [] [] ~ otherwise available for public water supplies? Commellt$: Adequate public water seprice is available to thc site. Groundwater would not be impacted because there would be no additions or withdrawals from the local aquifer. The site is currently covered with structures, paving and a small landscaped area. Existing drainage patterns would not change as a result of constructing the parking lot and no significant water impacts would occur. A National Pollution Discharge Elimination System (N'PDES) permit is not required because the site contain~ less than 5 acres; however, Best Management Practices ('BMPs) are required to bc implemented during and after parking lot construction to prevent erosion and sedimentation in the downstream storm drain system. All grading operations will be performed in compliance with the City of Chula Vista Gl~ding Ord{uance (Ordinance 1797, as amended). Short-tcm~ erosion would be reduced to a less than significant level by the installaQon of temporary desilting and erosion control devices as specified on the 8fading and/or improvement plan. These devices include dcsilting basins, berms, hay bales, silt fences, dikes, and shoring. Protective devices will be provided at every storm drain inlet to prevent sediment fi'om entering the storm drain system. Mitigation: No mitigation measures are required. V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to [] [] [] [] an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? [] 12 [] [] c) Alter air movement, moisture, or temperature, [] [] [] [] or cause any change in climate, either locally or regionally? d) Create objectionable odors? [] [] [] [] e) Create a substantial increase in stationary or [] [] [] [] 4 /~/ ~/? 09/17/01 non-stationary sources of air en~issious or the deterioration of ambient air quality? Comments: Negligible air quality effects would result because the vehicular emissions resulting from 71 ADT would be minimal. Construction of the parking tot would result in neglign'ble short-term emissions because a minimal mount of grading is required. Operation of the facility would not result in odor impacts. -- Mitigation: No mitigation measures are required. VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? [] [] [] [] b) I-Ia~ards to safety from design features (e.g., [~ [] [] [] sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to rn [] [] [] nearby uses? d) Insufficient parking capacity on-site or off-site? [] [] [] [] e) Hazards or barriers for pedestrians or [] [] [] [] bicyclists? f) Conflicts with adopted policies supporting [] [] 12 [] alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? [] [] [] lg h) A "large project" under the Congestion [] [] [] [] Management Program? (An equivalent of 2400 or more average d~ily vehicle trips or 200 or more peak-hour vehicle trips.) Comments: The City required the preparation of a traffic report for the project. According to the traffic report the expansion of the card room facilities would generate 71 additional average daily trips (43 inbound and 28 outbound during the 6 to 7 p.m. period). Broadway is classified as a 4--lane Major Arterial with parldng allowed on both sides in certain sections. Bus stops are located intermittently along Broadway. Vance Street is an unclassified residential street providing two thru lanes and curbside parking. The Broadway/H Street intersection currently operates at LOS "C" during the project peak-hour and will continue to operate at LOS "C ....... following completton of the project. The una~gnalizedBroadway/Vance Street intersection currently operates at LOS "B" and will continue to operate at that level, with the exception of the westbound left-mm movement. The westbound left-turn segment will operate at LOS "D". The intersection operations would operate in compliance with the City intersection threshold standards, which requires that intersections maintain LOS "C" or better, except that LOS "D" may occur for a period not to exceed two hours per day. The left mm lane operating at a LOS "D" does not rise to a significant impact since the road segments continue to operate at LOS "C" or better. No additional roadway facilities are required to serve the site. The project is consistent with the criteria established in the City's Transportation Phasing Plan and General Plan Traffic Element. Short-term traffic effects would 5 IL/~ 09/17/01 consist of construction trucks required to construct the parking lot. No significant transportation impacts would result. The approved CUP established a parking ratio of one parking space for each 1.5 seam. A~mal parldng co .un .ts at, itc conducted in Novembe[ an~-December 2000, and July 2001, indicates the actual parking ratio is .2~z.). The average of the two ratios is 1.39 seats per parking space. Using this average rate,-the proposed 124 seat positions would requir'e-89.21 parking spaces. The project proposes a total of 89 spaces. No si~tmificant parking effects would result. Mitigation: No mitigation measures are required. VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, sensitive species, species of [] rn [] [] concern or species that are candidates for listing? b) Locally designated species (e.g., heritage [] [] [] trees)? c)Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and [3 El r2 [] vernal pool)? e) Wildlife dispersal or migration corridors? [] [] [] [] 0 Affect regional habitat preservation planning [] [] [] efforts? Comments: The site is fully developed and is located in an urbanized area~ There are no sensitive plant or animal species on-site. No _biological impacts would result from the proposed use of the site. Mitigation: No mitigation measures are required. VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation r2 [] [] [] plans? b) Use non-renewable resources in a wasteful and [] [] [] inefficient manner? c) If the site is designated for mineral resource [] [] [] protection, will this project impact this protection? Comments: The proposed project does not conflict with the recently adopted CO2 Reduction Plan. The project proponent will maintain existing curb, gutter, and sidewalk along Broadway and Vance Street frontage that will provide for pedestrian circulation in the project area. The project I - is not located in an area designated for mineral resource protection as defined in the City's General Plan. Mitigation: No mitigation measures are required. }tAZARDS. F?ould the proposal involve: a) A risk of accidental explosion or release of [] a rn ~ - hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency [] [] cI [] response plan or emergency evacuation plan? c) The creation of any health hazard or potential [] [] r~ [] health hmmrd? d) Exposure of people to existing sources of [] [] [] [] potential health hazards? e) Increased fire ba?~rd m areas with flammable m [] [] [] brush, grass, or trees? Comments: The proposed use of the site would not involve operations involving ha?ardous substances, nor would it interfere with emergency response or evacuation plans. No known health or fire haT, rd impacts would result from the use of the site. Mitigation: Mitigation measures listed in Section XIX would reduce impacts to a less than significant level. X. NOISE. Would the proposal result in: a) Increases in existing noise levels? rn [] rn [] b) Exposure of people to severe noise levels? [] [] [] [] Comments: The City required the preparation of a noise study to address the effect of parking lot noise on the single-family residences located immediately east of the parking lot. According to the noise report the most sensitive time per/od for noise is 1:00 A.M. to 6:00 A.M. The noise sensitive uses in the vicinity of the project site are the single-family residences located east of the site. The dominant existing noise source in the area is related to traffic on Broadway. The City of Chula Vista Municipal Code (§ 19.68.030) establishes single-family residential land use noise standards of 45 dB during the hours of 10:00 P.M. and 7:00 A.M. on weekdays (10:00 P.M. to 8:00 A.M. on weekerld~) and 55 dB during the hours of 7:00 A.M. and 10:00 P.M. ~n weekdays (8:00 A.M. to 10:00 P.M. on weekends). During the 1:00 AM. to 6:00 A.M. time period, the ambient noise level at these residences varies with traffic volume, and is estimated to be less than, or equal to, 45 dB(A) or less. A noise analysis of the proposed parking lot noise level at the project's eastern property boundary would be 46 dB(A). Noise at the property line would be reduced to a less than significant level by the 7 /q-2¢ 09/17/01 construction of a five-foot high concrete wall along the eastern property boundary. The wall would reduce the noise level by a minimum of 3 dB(A); thus, the noise level at the adjacent single-family residences would be 43 dB(A) or less. Consequently, there would not be a significant noise impact because the project would comply with established noise standards. Mitigation: No mitigation measures are r_eq~uired. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areax : a) Fire protection? [] [] ~1 [] b) Police protection? [] [] [] [] c) Schools? [] [] [] [] d) Maintenance of public facilities, including [] [] [] [] roads? e) Other governmental services? [] [] [] [] Comments: No new or altered public facilities would be required to serve the proposed multi-purpose building. No significant impacts would result. Mitigation: No mitigation measures are required. 331I. Thresholds. Will the proposal adversely impact [] [] [] [] the City's Threshold Standards? As described below, _the proposed project does not result in sigmficant impacts to any of the Threshold Standards. a) Fire/FXvlS [] r~ [] ~ The Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the eases. The City of Chula Vista has indicated that this threshold standard will be met, since the nearest fire station is two miles away and would be associated with a four-minute response time. The proposed project would_comply w/th this Threshold Standard. Comments: The Fire/EMS threshold would be met as reported by the Fire Department~ Mitigation: No mitigation measures are required. b) Police [] [] [] [] The Threshold Standards require that police units must respond to 84% of Priority 1 calls within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. The proposed project would comply with this Threshold Standard. 8 1/~"' ? ::~ 09/17/01 Comments: The police threshold would be met as reported by the Police Department. Mitigation: No mitigation measures are required. c) Traffic I~ [] [] [] i. City-wide: Maintain LOS "C" or better as measured by observed average lravel speed on all signalized arterial segments except that during peak hours a LOS of"D' can occur for no more than any two hours of the day. 2. West ofi-805: Those signalized intersections, which do not meet the standard above, may continue to operate at their current 1991 LOS, but shall not worsen. Comments: The project would generate 71 average daily trips (ADT). The Engineering Division reports that the LOS "C' level would be met on Broadway. The proposed project complies with this Threshold Standard. Mitigation: No mitigation measures are required. d) Parks/Recreation [] [] r~ [] The Threshold Standard for Parks and Recreation is 3-acres of neighborhood and community parkland with appropriate facilities per 1,000 residents east of Interstate 805. Comments: The proposed project is located west ofi-805, therefore, the Parks and Recreation Threshold Standard does not apply. Park pad obligation will be required per City Ordinance by payment of fees (refer to Municipal Code Chapter 17.10). Mitigation: No mitigation measures are required. e) Drainage [] [] [] [] The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plan(s) and City Engineering Standards. The proposed project would comply with this Threshold Standard. Comments: Drainage facilities required to serve the facility will be installed as shown on drainage plans approved by the City Engineering Division (see Section IV above). Mitigation: No mitigation measures are required. f) Sewer [] [] [] [] The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards. The proposed project would_comply with this Threshold Standard. Comments: No new sewer service would be required to serve the facilities. Mitigation: No mitigation measures are required. g) Water [] [] [] ~ 9 [~-~ 2/~b 09/17/01 The Threshold Standards require that adequate storage, treatment,'and tamnsmission facilities be constructed concurrently with planned growth and those water quality standards are not jeopardized during growth and construction. The proposed project would comply with this Threshold Standard. Applicants may also be required to participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit issuance. Comments: No new water service would be required to serve the facilities. Mitigation: No mitigation measures are required. XIII. 1J'I'mlTIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? [] [] [] [] b) Communications systems? [] [] r~ [] c) Local or regional water treatment or distribution [] [] [] [] facilities? d) Sewer or septic tanks? [] [] [] [] e) Storm water drainage? [] [] [] [] f) Solid waste disposal? [] [] [] [] Comments: No new utilities would be required to serve the proposed facility. The City Engineering Department reports that there are 8-tach and 12-inch sewer lines in Vance Street and Broadway respectively. These lines have adequate capacity to accommodate the proposed facility. No significant impacts would occur. Mitigation: No mitigation measures are required. AESTHETICS. Would the proposal: a) Obstruct any scenic vista or view open to the n [] [] [] public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or mod/fication of a [] [] [] [] scenic route? c) Have a demonstrable negative aesthetic effect? [] [] ri [] d) Create added light or glare sources that could ri [] [] [] increase the level of sky glow in an area or cause this project to fail to comply with Section 19.66.1 O0 of the Chula Vista Municipal Code, 10 /U.'7~.~' 09/17/01 Title 19? e) Produce an additional amount of spill light? [] Comments: The proposed facility is located within an urbanized area and there are no scenic vista or viewpoints on, or adjacent to, the property. The proposed construction would not result in si~ificant aesthetic impacts or create additional light, staill. Mitigation: No mitigation measures are required. XV. CULTURAL RESOURCES. Would the proposal: a) Will the proposal result in the alteration of or [] [] tn [] the deslruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical or [] [] [] [] aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to cause a [] [] [] physical change, which would affect unique ethnic cultural values? d) Will the proposal restrict existing rehgi0us or [] [] El [] sacred uses within the potential impact area? e) Is the area identified on the City's Gencral Plan [] B rn [] EIR as an area of high potential for archeological resources? Comments: The Conservation and Open Space Element of the General Plan does not identify the project site or surrounding vicinity as an area of potential cultural resources. There are no known cultural resources in the project area a~_d no significant impacts would result. Mitigation: No mitigation measures are required. XVI. PALEONTOLOGICAL RESOURCES. Will the [] [] [] [] proposal result in the alteration of or the destruction of paleontological resources? Comments: The Conservation and Open Space Element of the General Plan does not identify the project site or surrounding vicinity as an area of potential paleontolog/cal resources. There are no known paleontological resources on the site or in the adjacent area. No cut grading is required and no significant impacts to paleontological resources are anticipated. Mitigation: No mitigation measures are required. 11 09/17/01 XVIL RECREATION. Would the prop. oxal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect existing recreational opportunities? c) Interfere with recreation parks & recreation plans or programs? Comments: The proposed project is consistent with the City's General Plan Parks and Recreation Element. The proposed facility does not increase the need for new parks or recreational facilities. Park pad fees would be required as per City Ordinance (City Municipal Code, Chapter 17.10). No si~nificant impacts would occur. Mitigation: No mitigation measures are required. XVIII. MANDATORY FINDINGS OF SIGNIFICANCE: See Negative Declaration for mandatory findings of significance. If an EIR is needed, this section should be completed. a) Does thc project have the potential to degrade [] [] [] the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant o~ animal community, reduce the number or restrict the range ora rare or endangered plant or animal or eliminate ~mportant examples of thc major periods or California history or prehistory? Comments: The site is fully developed with the Village Card Room and cocktail lounge adjacent to a vacant lot. The site is located in an urbanized area. No sensitive plant or animal resource impacts would Mitigation: No mitigation measures are required. b) Does the project have the potential to achieve [] [] [] short-term, to the disadvantage of long-term, environmental goals? Comments: The proposed modification of Village Club Card Room will not affect long-term env/ronmental goals of the City because the project is consistent with thc City of Chula Vista General Plan and thc Dral~ Multiple Species Conservation Program Subarea Plan (dated October 9, 2000). Mitigation: No mitigation measures are required. 12 /~-~ '2-? 09/17/01 c) Does the project have impacts that are ~ [] [] s~ individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects ora project are considerable when viewed imconnection with the effects of past projects, the effects of other current projects, and the-e~ffects of probable future projects.) Comments: The proposed facilities would not result in cumulative effects because the site, and surrounding area, is fully developed. No other projects have been recently approved in the area, nor are there any known future projects in the area. No significant impacts would occur. Mitigation: No mitigation measures are required. d) Does the project have environmental effects, [] [] [] [] winch will cause substantial adverse effects on human beings, either directly or indirectly? Comments: No significant effects on human beings are anticipated to result from approving the proposed change to the Village Card Room and parking lot. Mitigation: No mitigation measures are required. XXI. ENVIRONMENTAL FACTORS POTENTIAI[J The .environmental factors checked below would be potentially affected by this project, involving at least one mapact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. [] Land Use and Plarmmg _ [] Transportation/Circulation [] Public Services [] Population and Housing [] Biological Resources [] Utilities and Service Systems [] Geophysical [] Energy and Mineral Resources [] Aesthetics [] Water [] Hazards [] Cultural Resources [] Air Quality [] Noise [] Recreation [] Paleontology [] Mandatory Findings of Significance I3 [/~"- 2~ 09/17/01 XXII. DETERMENATION: On the basis of this in/rial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment. -I and a NEGATIVE DECLARATION will _be_prepared. I find that although the proposed project could have a significant effect on the environment, [] there will not be a significant effect in this case because the mitigation measures desen]~l on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I fred that the proposed project MAY have a significant effect on the environment, and an [] ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at [] least one effect: 1) has been adequately analyzed in an earlier document pm-mmut to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, ff the effect is a "potentially si~tmificant impacts" or "potentially significant unless mitigated." An ENVIRO~AL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a sigmficant effect on the environment, there WILL NOT be a si~cmi ficant effect in this case because all potentially si~tmificant effects [] (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and Co) have been avoided or mitigated pursuant to that earlier E[R, including revisions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this determination. Madlyn R.F. Ponseggi Environmental Review Coordinator City of Chula Vista 14 j¢-~' 09/17/01 · '~'~{~/'~ CITY OF CHULA VISTA Development Processing ' ~ Plain'gao & Buildin~ De~am'nen~ Application Form - Type A ClW O* 276 Fourth Avenue CHULA VLq~ (619)69I-5101 Page One I TYPE OF REVIEW REQUESTED ~ Conditional Use Permit !staff use onlvl /.C~ Ne.: :~ Vadonce Assigned Ptonr'~r: ~ ,,/-/¢,..~,~/~.~ ,,~.~.~,~- Receipt No.: [~l Design Review "Y'- ~ D ---.<'-? Project Acct: ~ ~> ~ [ De~o~itAect: ~bO r.15~ ~ Special Land Use Permit Related Cases: {Redevetopment Area Only} Z-A. ~J~ubli¢ Heaa ED Miscellaneous: I-I ng APPLICANT INFORMATION ApDlicanf Nome I Phone No. Harvey F. Souza dba Vlllage Club I (619) 425-3333 429 Broadway, Chula Vista, CA 91910 iApp"con;s Interest in ProperTy ! ~f applicant is no~ owner, owners a,Jrno~zai~on i[23 Own ~ Lease /] In Escrow E] Option fo purchase is requi~ed to process reque~. _See_ signature , ' on Page Two. IArchitect/Agent Phone No. Michael A. Green, Attorney (619) 425-4020 Architect/Agent Address 227 Third Avenue, Chula Vista CA 91910-2763 GENERAL PROJECT DESCRIPTION (for aH types) Project Name Proposed Use Village Club Card room General Description of Proposed Project P/ecrse use Append/x A to prowde a full description and justification fcr the project} Change use from cocktail lounge to addition to cardroom, expand hours of operation Has a representative affended a Pre-Appliccnlon Conference to discuss this project?. ' If so, what was the date? Pre-&ap No.: SUBJECT PROPERTY INFORMATION (for all .types) Location/Street Address 429 Broadway, 584 Vance Street Assessors Parcel No. JTotal Acreage ___ Redevelopment Area [# applicablej 567-212-4, 21~J J .62 acre , N/A Current Geperal Plan Designation iCurrent Zone Designation ', ~_~,/~ [ C/~¢Jcial, R-2 ,;PlannedC°mmunilyIfal~dicabelN/A ItZurrent rand Use - " [ Commercial, residential · ~.~I~.. CITY OF CHULA VISTA Development Processing ·~ Planning & Building Department Application Form crw o~ 276 Fourth Avenue CHUL~ VL~/~ (619)691-5101 PocJe Two I(staff use only] C~se No.: PROPOSED PROJECT (all types) 3e of Use Proposed [ Landscape Coverage (O/o of Lot) ~1 Residential ~ Comm. El Ind. E]Other ! Building Coverage (% of Lot) RESIDENTIAL PROJECT SUMMARY j ~!Ty~e of Dwelling Un,s) Number of la'is No. of Dwelling Units Proposed Existing 2BR 3+BR Total ~DUS/acre} ! Maximum Builaing HeighT ~ Minimum LOT Size , Av_rag_ LOT SL_ !Parkina Spaces Total C~,-~T~t j Tyde of Paring Is=e: ,~s,'re_., covere'~l Required by Code: ~ Provided: Open Space Descrip~on lAores each of pre/ate, cornrnan, and landscapingI J NON-RESI])ENTIAL PROJECT SUMMARY Gross Floor Area [sf) Proposed Ex]sling { Building Height 4972 4972 I Single story Hours of Operation (Days & Hours] Propose seven days, twenty-four hours iAnticipated Total # Employees [ Max. # of Employees at any one time ! 70 125 [Parking Spaces Required [Spaces Provided Type of pa~ng (size) I 1 27 as proposed ! 127 Standard and valet I# of Students/Children (~ aao~icab~e} I Age ct sduaents/cniiaren iv apa~=a~e) seating Capac~/ 190 maximum Print Applicant or Agent Name 'ACplic$1~For, ~S~nature Date Print Owner Name ~e~n~ ~ ~e [R~r~ ff ~ ',ant is not ~ner] __ ,~r or ow, er ~onsen ,, ,~ ~ us~ tn lieu of signore. Appendix A PROJECT DESCRIPTION AND JUSTIFICATION PROJECT NAME: Villacre Club APPLICANT NAME: Harvey F. Souza Please descdbe fully the proposed project, any and all construction that may be accomplished as a result of approval of this project and the project's bene~s to yourself, the property, the neighborhood and the City of Chula V~sta. Include any details necessary to adequately explain the scope andJor operation of the proposed project. You may include any background information and suppo~ng statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. For all Conditional Use Permits or Variances, please address the required 'Findings" as listed in listed in the Application Procedural Guide· Descriotion & Justification. See attached. 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 all 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 or the contract, e.g., owner applicant, conb'actor, subcol~b'~ctor, material supplier. ' Harvey F. Souza Maile Bridqe Betty Souza John Souza 2. tf any person* identified pursuant to (1) above is a corporation or parb~ership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. N/A 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 monks? Yes No x If yes, please indicate person(s): 5. Please identify each and-every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. Michael A. Green Cheryl Cox 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election pedod? Yes __ No X If yes, state which Councilmember(s): (NOTE: ATTACH ADDITIONAL PAGES AS NE SSARY) ctodapplicant Pdnt or type name of contractor/applicant Person S defined as: "Any. individual firm. co-~artner~btp, jatnt venture, associatzor[ soctal club. freaterrml organi2atior~ corporatior~ esrate, t~st. receiver· ~vndtcate. t[~ and arty other co~n.ty, ct~_ and counlr~,, ct t~v rnunictpalit~,, dixtwict, or other political subdivision, or any aIber ~rOu? or cornbinaZlon acting ax a untI - APPENDIX C (I of 3) '. DEVELOPMENT PERMIT PROCESSING AGREEMENT Permit Applicant: Harvey F. Souza Applicant's Address: 429 Broadway, Chula Vistar CA 91910 lype of Permit: Conditional:use Permit Agreement Date: Deposit Amount: $ 2_~ 0 0 0.0 0 This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal corporation ("City") and the forenamed applicant for a development permit ("Applicant'), effective as of the Agreement Date set forth above, is made with reference to the following facts: Whereas, Applicant has applied to the City for a permit of the type aforereferenced CPermit") which the City has required to be obtained as a condition to permitting Applicant to develop a parcel of property; and, Whereas, the City will incur expenses in order to process said permit through the vadous departments and before the various boards and commissions of the City ("Processing Services"); and, Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connexion with providing the Processing Services; Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows: 1. Applicant's Duty to Pay. Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, including all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's Duty to Pay." 1 ~1. Applicant's Deposit Duty. As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount aforereferenced ("Deposit"). 1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against Applicant's Deposit If, after the conclusion of processing Applicant's Permit any portion of the Deposit remains, City shall return said balance to Applicant without interest thereon. If, dudng the processing of Applicant's Permit, the amount of the Deposit becomes exhausted, or is imminently likely to become exhausted in the opinion of the e City, upon notice of same by City, Applicant shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to continue Processing Services. The duty of Applicant to initially deposit and to supplement said deposit as herein required shall be known as "Applicant's Deposit Duty". 2. City's Duty. City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Pay or Applicant's Deposit Duty, use good faith to provide processing services in relation to Applicant's Permit application. -'--- 2~1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or for failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City. APPENDIX C (2 of 3) 2.2. By execution of this agreement Applicant shall have no right to the Permk for which Applicant has applied_ City shall use its discretion in valuating Applicant's Permit Application without regard to Applicant's promise to pay for the Processing Services, or the execution of the Agreement. 3. Remedies. 3.1. Suspension of Processing In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as well as the Permit which may be the subject matter of any other Permit which Applicant has before the.City. 3.2. Civil Collection /n additi~on_ to all other fights an_d remedies wb(c_h the City shall ctherwisehave at law or equity, the City has the right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect same, the prevailing party shall be entitled to reasonable attorney's fees and costs. 4. Miscellaneous. 4.1 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested at the addresses identified adjasent to the Signatures of the parties represented. 4.2 Governing LawJenue. This Agreement shall be governed by and construed in accordance with the laws of the State of .California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chuta Vista: 4.3. Multiple Signatories. If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be jointly and severally liable for the performance of Applicant's duties herein set forth. 4.4. Signatory Authority. This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been authorized to execute this Agreement by Applicant_ APPENDIX C (3 of 3) 4.5 Hold Harmless. Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) adsing out of City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not limited to the giving of proper environmental review, the holding of public hearings, the extension of due process dghts, except only for those claims, suits, actions or proceedings adsing from the sole negligence or sole willful conduct of the City, its officers, or employees known to, but not objected to, by the Applicant_ Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense, shall, upon written request by the City, defend any such SL~it or action brought against the City, its officers, agents, or employees. Applicant's indemnification of City shall not be limited by any pdor or subsequent declaration by the Applicant. At its sole discretion, the City_may participate at its own expense-in the defense of any such actin, but such participatior{ shall not relieve the applicant of any obligation imposed by this condition. 4.6 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought adsing out of this agreement against the City unless a claim has first been presented in writing and filed with the City Of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the-provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement_ Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista 276 Fourth Avenue Chula Vista, CA By: ° Harf~'y F ..~uza By: SUPPLElVIBNT TO APPENDIX A OF CUP APPLICATION Proposed changes: 1. Increase hours of operation to seven days a week, 24 hours. 2. Expand to the twelve tables which the current license permits. Applicant proposes to use up to six of those tables for Class 11 gaming.. 3. Allow the service of alcoholic beverages in the cardroom. 4. Convert 584 Vance Slzeet, in the R-2 zone, to a parldng lot. 5. Add 430 Broadway as a parking lot serving this business. Applicant operates an eight table cardroom at 429 Broadway in Chula Vistm The cardroom operation hun been conducted in its present location for over fif~ years. The cardmom's operation preceded the CLIP requirements. The cardroom is in a building which it shares with The WinnelaS Circle, a cocktail lounge. Applicant owns The WinnelJS Circle. The cardmom's hours of operation are Monday through Saturday, 8:00 a.m. to 4:00 a.m., plus Sunday 9:00 a.m. to 1:00 a.m. Monday. Sunday operation was permitted by CUP in 1996 (PCC 96-27. Applicant proposes to increase hours of operation to seven days a week. 24 hours a day. The cmreat site can only accommodate 64 players (eight players per table) and has less than the standard amount of parking. It has approximately 35 spaces (47 spaces shared between it and another business), rather than the standard number of one per every 1.5 players, 43 spaces. The applicant has been allowed to operate with this non-conforming a. mount ofparkin§ due to its operation having preceded the city's CUP requirements. The 1996 CUP p~tmitted applicant to provide parking at a nearby business in order to conform with parking requirements during Sunday operation, which the applicant has done.. Applicant proposes t(3 expand to the twelve tables which its license peamits. Applicant proposes to use up to one-half (6) of those tables for Class ri gaming. This would reqllire a change to the Chula Vista Gaming Plan, which at present permits only 25% of the tables to be used for Class 1I games. To date Class ri games have never been conducted at the site. The standard for parldng has been 1 space for every 1.5 permitted players in the cardroom. Pal gow, In theory, allows 28 players per table (3 tables - 84 players). Each table not a Pai gow table would have a maximum of 9 players. Applicant needs maximin flexibility to have different types of games within the parking requirements. Applicant will have 127 parking spaces available, as follows: a. The Winner's Circle Cocktail Lounge will be closed so that it will not require parking. b. The house on the adjoining lot at 584 Vance Street, which the applicant owns, will be tom down and used for parking. This dwelling is in the R-2 zone. This requires a conditional use permit. c. There will be 69 total spaces available in the enlarged parking lot. d. The vacant lot in the rear at 430 Broadway will be leased and improved for use as a parking lot with 58 spaces. e. There will be valet parldng. Applicant proposes the conditional permit be conditioned on the operation of only so many tables as will not exceed the limit of 190 players, allowing applicant the discretion as to which games are played. Applicant proposes to amend the Chula Vista Gaming Plan to allow the service of alcoholic beverages in the cardroom. This may require a modification to the conditional use permit. Activity at the site varies as follows: a. Daily- The busiest times are between 10:00 a.m. and 4:00 p.m. Activity decreases during the period 4:00 p.m. to 7:00 p.m., then picks up again until 9:00 p.m., then decreases until closing. b. Weekly- The busiest days are, in order, Saturday, Friday, and Monday. The immediate area is impacted by crime and vagrancy. Operation of this facility 24 hours per day will make a positive contn'bution to the area by providing observation and supervision of the surrounding homes and businesses. 2 VILLAGE CLLq3 429 BROADWAy CHULA VISTa, CA. 91910 Heidi. Roji ,Dt~PARTMEN'~ OF ALCOHOLIC BE'V ER. AGE CONTROL 3350 Front St_, Room 5056 SanDiego, Ca. 9210.~ ~Ms. Roji · 'lhe pVOlX:~xt operation ar the cahi~ tkcitity, The Village Club Cardroor~ w/Il Be that the 435 ~ portion of tlae building will be u,*ed tm- Pal Cow Pok. cr. Tim g29 Bremdway portion will be used for Texas l-Ioldem Poker and Blackjack. ~ ~ We are progo~ing m setl Alcoholic beverages I~'ween the hours of 5:00 P.M. and 2:00 A.M, only, seVen days a week. Village Club Card Room 429 Broadway Avenue, Chula Vista, CA 91910 519/426-4542 July 16, 2001 Harold Phelps, Associate Planner Planning and Building Department City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: PCC-00-16 / IS-01-33, Village Card Room Expansion Amendment to CUP application, 429 Broadway Dear Mr. Phelps: While going through the planning process regarding the above application, I have also been studying the operation of the various games I would like to conduct at my card room. As a result I have determined that my estimate of the maximum number of players in a paigow game (Class III) is ~realistic. My study indicates that I would still be successful, on a lower scale, if the number of players at a Class II table was limited to fifteen, instead of twenty-eight. Therefore, I wish to amend my application as follows: 1. The maximum number of players I could allow at a Class III table would be fifteen. This would be a condition of the CUP. 2~ This would reduce the maximum number of players at the card room by 39. 3. The overall maximum number of players would be 124 (seven tables times 9 plus two times eight plus three tables of 15 each). 4. The proposal to use the 430 Broadway site for parking would be abandoned. ~arold Phelps, Associate Planner Planning and Building Department City of Chula Vista July 16, 2001 Page Two 5. All parking would be provided at the site, according to the site plan previously submitted. There would be 84 re.cu/lar spaces and five handicapped spaces, a total of 89 parking spaces. Analysis: The above change to my application will result in only 44 more players than I am presently permitted, with 42 additional spaces. There will be no crossing of Broadway, no need for a crosswalk, etc. I believe that the traffic consultant will find that with this change there is no significant impact and no mitigation measures should be required. I would ask that a provision be added that if I locate other, acceptable parking near the card room, that the uuM could be amended to allow additional players administratively. It is my belief that most of the elements mentioned by Environmental and Planning that are described in your letter of July 13, 2001 can be addressed in a revised site plan. It would seem that the requirements of the Police and Building cmn be addressed as conditions to the CUP. Therefore, I believe that with a new site plan, it should be possible to move ahead. Please assist in expediting lhis matter. Sincerely, I-IAP. VEY SOUZA CC: Glen Googins, Deputy City Attorney II David D. Rowlands, Jr. City Manager MICHAEL A. OREEN AI-FORNEY AT LAW 227 THIRD AVENUE CHULA VISTA. CALIFORNL& 91910-2710 (619) 425-4O20 FAX (619) 42,~9709 ~ Harold Phelps, Associate Planner , ~ ~ ~ L~, Planning and Building Department ~ City of Chula Vista ~ 276 Fourth Avenue P~_ ~I w~:,,.~,,. Chula Vista, CA 91910 ~ Re: PCC600~!6~%/~SISq01=33, Village Club Card Room Expansion 429 ~Broadway Dear Mr. Phelps: Transmitted with this letter are copies of the revised site plan for the above-referenced project, the Village Club Card Room expansion. Attached to the site plan are 1) landscape conceptual plan and 2) elevations. Also enclosed is the revised noise study. My client has revised the site plan to reflect the abandonment of the plan that would have located some parkin$ on the opposite side of Broadway. Instead, my client has downszzed the project as follows: 1. The maximum number of players to be allowed allow at a Class III table would be fifteen. This would be a condition of the CUP. 2. This would reduce the maximum number of players at the card room by 39. 3. The overall maximum number of players would be 124 (seven tables times 9 plus two times eight plus three tables of 15 each). 4~ All parking would be provided onsite at 429 Broadway and 584 vance Street. Please consider this proposal as expeditiously as possible. Sincerely yours, Michael A. C~reen encl. · Village Club Card Room 429 Broadway Avenue, Chula Vista, CA 91910 619/426-4542 September 27, 2001 Harold Phelps, Associate Plarkner Planning Department City of Chula Vista- L___~[~li-'-~ 276 Fourth Avenue Chuta Vista, CA 91910 Re: Application for CUP; Summary Dear Mr. Phelps Yesterday you asked me for a summary of what I am asking for with my application. Therefore, I have attached a copy of the original addendum to my application. This is what I am asking for with the exception of one change which was expressed in my letter to you of July 16, 2001. I have enclosed a copy of that also. To summarize: t. Increase hours of operation to seven days a week, 24 hours each day, from the current Monday to Saturday 8:00 a.m. to 4:00 a.m. and Sunday 9:00 a.m. to 1:00 a.m. Monday. 2. Expand to the twelve tables whick the current license would allow. Applicant proposes to use up to three of those tables for Class II gaming. Each Class II table would have up to fifteen places for playing. The remaining tables would permit up to 8 or 9 players. Currently there are ten Class I and IA tables (eight poker, two "Twenty First Century Blackjack," poker each permitting up to nine players. I was permitted to increase the tables from 8 to 10 by administrative action when the Winner's Circle was closed. 3. Allow the service of alcoholic beverages in the cardroom. There will only be a service bar, with patrons being served at the tables. Currently there is no alcohol permitted. There was a bar next door, in the Winner's Circl~.~. under the same roof, but with no common entrance. This has been closed. Harold Phelps, Associate Planner Planning and Building Department City of Chula Vista September 27, 2001 Page Two 4. Convert 584 Vance Street, in the R-2 zone, to a parking lot. Parking at 429 Broadway and 584 Vance Street would be all- valet parking. 5. The space whick was occupied by the Winner's Circle will be used for additional card tables. 6. As the Initial Study mentioned, I expect to have up to 25 employees per shift, up from 15 now, with ten tables. If these, I expect 17 would be dealers and management, 1-3 would be security guards and parking attendants, 3-5 would be food and beverage service. If there are any further questions, please contact my attorney, Mike Green. Sincerely, cc: Glen Googins, Deputy City Attorney II David D. Rowlands, Jr. City Manager KESOLUTION NO. 2000-332 RESOLUTION OF TI~ CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE CI:IULA VISTA GAMING PLAN PURSUANT TO CHAFFER ~0 OF TI~ MUNICIPAL CODB AND APPROVING TH~ ~ R~JNQUISHMENT AND TERMINATION OF TWO OF TI~ FOUR EXISTING CARDROOM LICENSES WHE~REAS, over the past deeadc, the City Council h~ reviewed Gaming issues in our community on five occasions; and WHEREAS, the 1996 modifications to the G-a~i.§ Plan allowed for local control of these issues as allowed by State legislation; and WHEREAS, in January, 1998, additional changes to the Coming Plan were made enhancing the security element; and WHE~, the CmTeUt recomm~lldations outlined as modifications to the Craming Plan were derived from aa ongoing series of negotiations occurring this year;, and WHEREAS, a review of the Gaming Plan also allowed City staff the oppurumity to include cleanup language and to insert operational changes in the ordi-mace that would enh~mce both the operation and enforcement of the c~,&oom; and WHEREAS, the amendments to the Chula Vista C,'amlnS Plan will do the following: 1) reduce the number of cardroom licenses; and 2) allow fur changes to hours of operation, types of games played, bet limits, sen, ice of alcohol, license fees, employee screening and identification, patron safety and security and crime reporting requir~nents (the proposed amendments to the Gaming Plan are as Attachment A~ incorporated herein by reference, a copy of which is on file in the Office of thc City Clerk); and WHEREAS, the amendments were considered at a public hearing of the Chula Vista City Council on September 26, 2000. NOV/, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby modify the Chula Vista Ganfing Plan pur~,.nt to Chapter 5.20 of the Municipal Code a~ set forth in Attachment A with such minor modifications as may be approved or required by the City Attorney. BE IT FURTHER RESOLVED that the City Council does hereby approve the tr~-~¢er, relinquishment and t~mination of two of the four existing cardroom licenses leaving in effect only those [wo consolidated licenses currently held by Harvey F. Souza and Eli~,~heth Souza. B£ IT FURTHER RESOLVED that the Gaming Plan modifications approved hereunder shall go into effect only upon the execution and delivery by the Chula Vista Bay Club, Inc. and the Souza's of a form of relinquishment prepared and approved by the City Attorney. R2000-332 Cau~A VISTA C~%MING PLAN In accordance with Chapter 5.20 of the Chula vista Municipal Code (the "Gaming Code'), this document shall serve as the gam{,g plan for the City of Chula Vista (the "Gaming Plan"). This Gaming ~lan was adopted on February 13, 1996, after a public hearing, pursuant to city council Resolution No. 18212. The Gaming Plan has been amended as follows: (1) on January 13, 1998 pursuant to Resolution NO. 18862; 12) on November 10, 1998 pu~s~m~t to Resolution No. 19251; a~d (3) on September 26, 2000, pursuant to Resolution No. 2000-332. The modifications contained in such amendments shaI1 be deemed'effective as of the dates of their adoption. Effective upon its adoption, this Gaming Plan shall implement, in its entirety, Subchapter 2 of the Gaming Code. In the event of any inconsistency between this Gaming Plan and the Gaming Code, the terms and conditions of this Gaming Plan shall govern. Except to the extent that this Gaming Plan expressly modifies or is otherwise inconsistent with the Gaming Code, the Gaming Code shall remain in full force and effect. This Gaming Plan is intended to deal only with the subject of cardrooms. No other types of gaming permitted by the code, subject to the adoption of a gaming plan with respect thereto, shall be permitted or governed hereby. To be permitted, such other types of gaming must be the subject of further action by resolution of the city council to amend or add to this Gaming Plan. .. CA~DROOMS 1. Cardroom Defined. For the purpose of this Gaming Plan, a "cardroom" is defined to be any space, room or enclosure furnished or equipped with a table or tables used or intended to be used, either exclusively or in conjunction with another business or activity, as a card table for the playing of cards and similar games, and the use of which is available to the public. 2. Licensinq. 2.1 License ~eq~ired to ODerate Cardroom -- T--~4vidual Licensee,s Mnsl be 21 Years or Older. A license from the city issued pursuant to the Gaming Code or this Gaming Plan, is required for any person, group of persons, partnership, corporation, or any other entity or organization (each a "Person" hereinafter) to engage in or carry on, or to maintain or conduct, or cause to be engaged in, carried on, maintained or conducted, any cardroom in the city. Any such activity conducted without such a license, or otherwise in non-compliance with the terms of the Gaming Code, this Gaming Plan, or any and all other applicable federal, state and local laws and regulations shall be unlawful. No license shall be issued to any individual Person under'the age of twenty-one years. 2.2 N~er of Licenses Per~httted -- wY~.~n~ Licenses The number of licenses authorized to be issued or held, in the aggregate, under the provisions of this Gaming Pls. n shall be limited, based upon the population of the city according to the certified determination thereof by the state department of finance. The =,,mber of licenses so authorized may not he more than two (2). All such licenses shall be issued and held in accordance with the provisions of this Gaming Plan; provided, however, any Person holding a license or licenses to conduct cardroom operation upon the effective date of this Gaming Plan may continue to hold such license or licenses subject to the terms and conditions set forth herein. For purposes of determin{ng the n,,mher of licenses which are authorized to be issued by the city hereunder, any two licenses which are "consolidated. pursuant to Section 2.6 hereof shall still be treated as being two separate licenses counted against the total number authorized. 2°3 T~es of Licenses -- Class I and cl~-s II. 2.3.1 In General. There shall be two t!rpes of cardroom licenses: Class I and Class II. The characteristics, rights, obligations and limitations attributable, respectively, to a. Class I or Cl%ss II licenses are set forth throughout this Gaming Plan. Subject to all such provisions, in general, (a) a Class I license shall permit the playing of all games permitted by the state attorney general to be within the permissible subject of local licensing by California cities, except games involving ~back-line" betting; and (b) a Class II license shall permit the playing of all games permitted under a Class I ' license, and shall also permit games involving back-line betting. 2.3.2 Ail licenses issued by the city shall inltially be Class I licenses. In order to convert a Class I license into a Class II license the holder of a Class I license (a} must have continuously operated a cardroom under its Class I license within the city for a period of three (3) years at a fixed location; and (b) must apply with the city and receive prior approval from the city for such conversion in accordance with the application procedures set forth in Section 2.4 hereof, below. 2.4 Application/Issuance proe.R,re. 2.4.1 Any Person desiring a cardroom license must submit an application therefor to the chief of police. Such application shall be on a form issued by, or otherwise approved in advance by, the chief of police. Such application shall include, in addition to any other information required by the chief of police, (a) the true names and addresses of any and all Persons currently, or contemplated to have a "financial interest' in the cardroom operation proposed to be licensed; (b} the past criminal record, if any, of any and all such Persons; (c) the fingerprints of any and all such Persons; (d) the proposed location of the cardroom; and (e) a non-refundable fee, as presently designated, or as may in the future be amended, in the Master Fee Schedule, to cover the cost of processing the application and of any required investigation of the applicant. _~pon the issuance of a cardroom license, the chief of police may authorize the refund of the investigation poruion of the application fee to any Persons who were not subject to investigations. 2.4.2 Each cardroom license application shall be totally independent and unassociated with any other application being submitted for the purpose of obtaining such a license. No applicant requesting a license pursuant to this section may have a f]-~cial interest, or any other interest (as described in Section 2.4.3 hereof) in any other cardroom license, or application pending therefor. 2.4.3 For purposes Of this Section 2.4 and the Gaming Plan1, the "financial interest" shall mean any and all direct or indirect ownership, creditor or other interests in a cardroom license, the cardroom business operated thereunder, the assets thereof, or the revenues generated thereby. Such an interest shall include, without limitation, any and all interests held by building owners, landlords, tenants, equipment or fixtures owners, lessors or lessees, creditors, lenders or guarantors related in any way to the ownership, financing or operation of the cardroom; and (b) a parent, spouse, sibling or child of an individual Person holding a direct, majority or controlling ownership interest in a license or cardroom shall also be deemed the holder of a "financial interest" for purposes of this Section and this Gaming Plan. 2°4.4 Any new or ~evoked cardroom license otherwise qualified for issuance may be issued during the period of May 1 through June 30 following the availability or revocation date of such a license. After the expiration of this period no further licenses shall be issued until the following May 1 through June 30 period. In the event that there are applications in excess of the number of licenses available in ~ccordance with the limitations set forth in Section 2.2 hereof, a license may by issued to the most qualified of such applicants in accordance with a procedure established by the city. Notwithstanding the foregoing, the city shall decide, in its sole discretion, as to whether to issue any cardroom license authorized hereunder, and whether or how to condition such an issuance; furthermore, the city reserves the right, for any reason whatsoever, to reject any and all applications for a cardroom license hereunder. 2.5 Transfers. 2.5.1 In General. Any license issued pursuant to the Gaming Code or this Gaming Plan, a cardroom operated thereunder, or any direct or indirect interest therein, may be transferred, but only in strict accordance with the terms and conditions of this Section 2.5. Transfers governed by this section shall include, without limitation, any and all sales, leases, conveyances, assignments, grants, pledges, gifts, devises, donations and/or similar transfers by a Person of any or all of such Persons, direct or indirect, ownership interest in a license or cardroom operated thereunder, or "financial interest" in a license or cardroom operated thereunder, as such concept is defined in Section 2.4.3 hereof. Such transfers shall include, without limitation, (a) a transfer of all or any shares by a shareholder in a corporate licensee; (b) the transfer of all or any partnership interest by a partner in a partnership licensee; (c) the transfer of all or any portion of a controlling shareholder or partnership interest in an entity which itself holds a direct or indirect ownership or financial interest in a license or cardroom; and (d) a transfer of a substantial portion of the assets of a Person holding a license or a cardroom operated thereunder. 2.5.2 Application Required. A license may only be transferred to a Person that submits an application for approval by the chief of police and receives approval from the chief of police in accordance with the procedures set forth for the issuance of e licenses set forth in Section 2.4 hereof. Fees for the application and investigation relating to transfers are addressed in Section 2.5.8 herein. 2.5°3 Approval Reg~ired~ Any and all proposed cardroom license transfers must receive (a) prior written approval of the chief of police, which approval may be withheld in the sole discretion of the chief of police,(b) approval by the State of California Division Of Gambling Control; and (c) the ratification of the city council, which ratification may be withheld in the sole discretion of the city council. Such approval and/or ratification may be conditioned as the acting parties deem appropriate, and may be based, but is not req~/ired to be based, entirely or in part on the assessment by the chief of police or, as applicable, the city council, of the character of the proposed licensee, or on the opinion of the approving or ratifying entity, that there appears to be good cause why such Person should not operate a cardroom. Notwithstanding the foregoing in the event of a transfer directly caused by the death or divorce of a Person holding a financial interest in a license, the "prior approval" requirement, above, shali be amended to requi~e that approval of the resulting transferee be obtained by no later than sixty (60) days following the deat~ or divorce causing such transfer. 2.5.4 Three Years Operation Required Before Transfer. With the exception of thos~ licenses which have been issued prior to September 1, 1992, no license may be transferred unless and until the holder thereof has been operating a cardroom governed by such license for three (3) years at a fixed location in the city. Licenses issued prior to September 1, 1992 may not be transferred unless and until the holder thereof has been operating a cardroom governed by such license for one (1) year at a fixed location within the city. 2.5.5 Non-Complying Transfers° In the event of a purported transfer of a license which does not comply with the terms of this Section (a) the purported transferror shall be subject to monetary penalties as provided in Section 4.2 hereof; (b) the purported transferee shall have no rights to operate a cardroom in the city under the authority of such license; (c) the license involved shall be subject to revocation by the city as provided in Section 4.3 hereof; and (d) the transfer may otherwise be declared null and void. 2.5.6 Special Rules for Transfers of Class II Licenses. 2.5.6.1 Except as otherwise provided herein, upon the transfer, either all at once or in a series of transfers, of a "material or controlling financial interest- (defined below) in a Class II license, the Class II license which is the subject of such transfer shall immediately revert back to a Class I license. A Class II license so reverted may be converted back to a Class II license, but only in accordance with the provisions of Section 2.3.2 hereof. 2.5.6.2 Notwithstanding the foregoing, a material or controlling interest in a Class II license may be transferred without reversion of the subject Class II license to Class I status subject to the following terms and conditions: (a) The transfer must be to a ~pre-gualified transferee". For purposes of this Section, a ~pre- qualified transferee" shall be defined as a Person on record with the Chief of police as a Person holding a financial interest in the license, which, with the prior knowledge of the Chief of police, acknowledged in ~riting thereby, has been substantially responsible for the m--agement and operations of the licensed card.room continuously for a period of three (3) years. (b) In addition to 'the agreement required pursuant to Section 5.5 hereof, any pre-qualified transferee shall enter into a written agreement with the City whereby such Person, on behalf of itself, any successors or assigns thereof, and any and all parties with a financial interest in the license or the cardroom operated thereunder, agrees that (a) the Class II status of the license to be transferred thereto shall be temporary a/ad subject to reversion to Class I status in accordance with this Section; and (b) any action taken by the City to revert the Class II license to a Class I license shall not constitute a taking of any property or .other interest held by such Person(s); and (c) such Person(s) waive and agree not to pursue any and all claims or other action against the City in co=nection with a City decision to revert the Class II license to a Class I license. (c) Until such time that Class II Games have been operated continuously by the pre-qualified transferee for a period of one (1) year following the effective date of the transfer of the Class II license, or such longer period as the Class II license, or such longer _period as the Chief of police may require (the ~Temporary Class II Status Period"), the Class II status of the license shall be temporary, and therefore subject to reversion to a Class I license upon a determination by the Chief of police, in his/her sole discretion, for any or no reason whatsoever, that the transferee should be required to first operate as a Class I licensee prior to being permitted to operate as a Class II licensee in accordance with the terms and conditions of Section 2.3.2 hereof. Such determination may be made at any time within thirty (30) days after the expiration of the Temporary Class II Status Period. (d) Pre-qualification of a potential transferee hereunder shall not constitute City approval of a transfer to such potential transferee and any such transfer shall remain subject to the provisions of Section 2.5 hereof. 2.5.6.3 For pul-poses of this Section, the City shall determine, in its sole discretion, what constitutes a 'material or controlling financial interest"' provided, however, in general, a transfer of a financial interest for purposes of pre-qualifying a Person under Section 2.5.6.2 shall not be considered the transfer of a ~material or controlling financial interest". 2.5.7. Except as otherwise provided herein, upon the transfer, either all at once or in a series of transfers, of a material or controlling f~-~cial interest in a license or the card.room operated thereunder, the holder of the license which is the subject of such transfer shall be considered to be new holder of such license subject to any and all provisions hereunder applicable thereto. 2.5.8 Full Cost ~eoovery for }R~4~strative Costs Associated with Transfer. Any Person submitting an application for transfer of a license shall be responsible for payment to the City of all actual administrative costs incurred by the City including the cost of staff time, at the City's full cost recovery rate, associated with the investigation of the application for a license transfer and review of transfer documents~ The chief of polic~ shall estimate the cost of City staff and other a~m{nistrative costs in connection with an application and the Person shall deposit such amount at the time of submitting the application for license transfer to the chief of police. If actual costs incurred exceed the initial deposit the chief of police may require the applicant to make additional deposits to offset costs incurred or to be incurred by the City. If the amount estimated is in excess of the cost incurred, the difference will be refunded to the applicant at the end of the City's review. 2.6 Consolidation.. 2.6.1 In General. Notwithstanding any other section of this Gaming Plan to the contrary, the holder of a Class I or Class II license may acquire one, but only one, additional Class I or Class II License, subject to the consolidation rules and procedures of this Section 2.6. Under no circumstances may any Person acquire or hold more than two licenses. 2.6.2 Required Qualifications/Procedures. In order to acquire an additional license, an existing license holder (a) must have continuously operated a cardroom under its existing license within the city for a period of three (3} years at a fixed location; and (b) must apply with the city and receive prior written approval from the city for such acquisition in accordance with the rules and procedures set forth in Section 2.4 hereof regarding the initial issuance of licenses. If the additional license is to be acquired from another existing license holder, such application shall also be made in accordance with the rules and procedures governing license transfers set forth in Section 2.5.3 hereof. 2.6.3 Effect of Consolidation; Deemed Consolidation. If an application for the acquisition of an additional license is granted, the two licenses held by the applicant shall become "consolidated". In addition, licenses shall be deemed to be 'consolidated- in the event that the same Person holds, or comes to hold, a 'financial interest- (as defined in Section 2.4.3 thereof) in such licenses or the cardrooms operated thereunder. Under a consolidated license, the max/mum n~mher of tables permitted to be operated is twelve (12), subject to any additional or contrary terms and conditions set forth in Section 3.5 and/or other provisions of this Gaming Plan. All tables operated under a consolidated license must be operated in the same location. 2.6.4 Claes I with class II Consolidations. In the event that a Class I license is consolidated with a Class II license, the following rules shall apply: (a) if the previous owner of the Class II License retains majority ownership and control over the consolidated license, the full benefits and burdens hereunder of Class II status shall apply to all the card tables operated under such consolidated license {b) if the previous owner of the Class I License retains majority ownership and control over the consolidated license, the consolidated license shall retain Class I status and the requirements for conversion to a Class II License under Section 2.3.2 of this Gaming Plan shall continue to apply. 2.7 License Tax. 2.7.1 In General. There shall be a license tax imposed on any licensed cardroom within the city in accordance with the terms of this Section 2.7. The license tax is imposed for purposes of generating revenues to the general fund of the city and for purposes of regulation. The tax shall be imposed against the number of tables that are licensed by the city pursuant to the terms of this Gaming Plan that are also permitted to be operated by the City at the location where the license is being utilized pursuant to the City's land use laws and regulations. The tax shall be imposed based upon the maximum number of tables so licensed and permitted based upon the class of license issued with respect thereto, regardless of the number of tables which may actually be operated on any given day or the class of game conducted thereon. 2.7.2 Amo~,~t of Tax Rate. The license tax to be assessed and collected on each licensed cardroom shall be the applicable "base rate" tax determined as follows: 2.7.2.1 Base Bate~ a. Class i -- Non-consolidated~ The base license tax for card tables licensed under a single, non-consolidated Class I license shall be (1) $}74'0~r~~er for a cardroom authorized to operate six (6) days per week; and $ quarter for a cardroom authorized to operate b. Class I -- Consolidated, The base license tax for card tables licensed under a consolidated Class I license shall be $2,500 per card table per annual quarter. c. Class IA -- Higher Level Bettingz Notwithstanding the foregoing, at such time that the Chief of police approves games played with a $4 per hand charge or ~reater, an hourly charge, or a charge based on the amount being bet, the base license tax for such Class I card tables shall be $3~7~L~l~ea~~~...,,~-%~/ua~_x' Such games may be referred to herein as %[~L~f games. lice~e~ ~lay-Ctass--~t- games~under~Otas~-~--~ pe=,~h~..p~ ~,,v,~=a~e~ For exa~le, if a single non-consolidated Class I license is converted to a Class II License, the base rate for 6 of the 8 licensed tables shall be determ/ned by the applicable Class I rate, and the base rate for the remaining 2 tables shall be the Class II base rate. This rate shall apply to the max/mum number of Class II tables licensed and permitted to be operated at the cardroom location regardless of whether or not Class II games are actually being played at such tables. 2.7.3 Procedures for Payment of Tax. 2.7.3.1 Advance Payment° The license tax assessed hereunder shall be payable quarterly in advance by no later than the day falling fifteen (15) days prior to the ~irst day of each calendar quarter. 2.7.4 And/t eights. The City shall have the right to conduct an independent audit of licensee's accounting records at any time upon three (3) days prior written ~otice to licensee. The audit shall be' performed by a party designated by the City, subject to the reasonable approval of licensee. If the City elects to conduct such an audit, the licensee shall be responsible for reimbursing City costs incurred in connection therewith. The licensee's reimbursement obligation under this Section shall not exceed $10,000.00 per any twelve (12) month period. 2°7.$ Tax Receipt. The finance director shall issue a receipt for each license~ cardroom and such receipt shall be displayed on the premises during the full term for which such receipt was issued. 2.7.6 a-~ual Increase in Base License Tax Rate° The base rate license tax amounts set forth in Section 2.7 shall be increased by five percent (5%) per year. The first increase shall take effect on July 1, 2001 and each subsequent increase shall take effect on each July 1 thereafter. 3. ODeratin~ L{m4tations and Conditions 3.1 City Land ~se Rec~lations ~h~l] Control Ail cardrooms and card table operations shall be subject to the city's land use regulations. Notwithstanding any provision in this Gaming Plan to the contrary, no cardroom operations shall be permitted without the prior acquisition of any and all necessary approvals and permits from the city in connection therewith, and any cardroom operation with such approvals and permits shall operate in strict compliance with any and all terms and conditions thereof. Games Permitted. 3.2.1 Class I ~icense~ Subject to the terms and conditions of this Gaming Plan and the Gam~-g Code, the holder of a Class I cardroom license shall be permitted to operate a card.room which conducts all card games which were determined by the attorney general to be within the permissible subject of local licensing by California cities, but that do not involve ~backline betting", and that have been approved by the chief of police as of September 26, 2000. The games permitted under this section shall be referred 'to herein from time to time as "Class I Games". A list of permitted Class I Games shall be maintained by the chief of police. A holder of a Class I or Class II license may petition the chief of police to add games to this list, but no more than once in any consecutive twelve month period. The chief of police shall have the right to approve or disapprove any proposed new games in his/her sole discretion, and such decision shall be final. 3.2.2 Class II Licanse~ Subject to the terms and conditions of this Gaming Plan and the Gaming Code, the holder of a Class II cardroom license shall be permitted to operate a cardroom which conducts all card games permitted by a Class I license (as described in Section 3.2.1, above,), such games shall be referred to herein from time to time as "Class II Games'. For purposes of this Gaming Plan, backline betting is defined as any bet or wager made by a person, whether seated at the card table or not, on the hand or betting squares of another player, including the player who is acting as the banker, seated at the card table. A list of permitted Class II games shall be maintained by the chief of police. A holder of a Class II license may petition the chief of police to add games to this list, but no more than once in any consecutive twelve month period. The chief of police shall have the right to approve or disapprove any proposed new games in his/her sole discretion, and such decision shall be final. 3.2.3_ Posting of Permitted Games -- Game Being Played. There shall be posted in every cardroom in letters plainly visible from all parts thereof, signs stating which games have been approved for play at said cardroom. In addition to the foregoing, each table shall identify by prominent sign located thereon the game which is currently being played at said table. 3.3 Game Rules. 3.3~1o In General. NO permitted game may be played in a cardroom unless and until a written set of rules ("Games Rules") for such a game has been submitted to the chief of police and approved thereby. Said approval may be amended, conditioned o2 revoked from time to time in the sole discretion of the chief of police. Each and every permitted game must, at all times, be played strictly in accordance with the approved and posted Game Rules applicable thereto. Variations of a game, unless specifically described in the Game Rules, shall not be allowed. 3.3.2 Posting of Game Rules. A copy of the approved Game Rules showing thereon the approval of the chief of police shall be posted in the cardroom in a conspicuous place readily available to the patrons or prospective patrons'and visible from any seat at any card table on the premises. 3.4 Hours ~nd D&ys of ODeration. Licensed cardrooms may operate seven days per week, twenty-four hours per day subject to any and all land use conditions imposed by the City with respect to a specific site of operation. 3.5 Ma~imUmN-m~er of Tables. 3.5.1 Class I -- Non-Consolidated. The maximum number of tables that may be operated under a single, non-consolidated Class I license shall be eight (8}. 3.S.2 Class I -- Consolidated. The maximum number of tables permitted under a consolidated Class I license shall be twelve (12). 3.5.3 Class II - Non-Consolidated. The maximum number of tables that may be operated under a non-consolidated Class II License shall be eight (8). Of that eight, only two (2) shali be allowed to conduct Class II games. . 3.5.4 Class II -- Consolidated. The maximum number of tables that may be operated under a consolidated Class II license shall be twelve (12). Of that twelve (12}, a maximum of three (3) tables shall be allowed to conduct Class II games at any one time. 3.6 Maxim%uaN-mher of Players Per Table. 3.6.1- Class I Tables. No more than nine (9) players shall be permitted at any one card table conducting Class I games. Only persons seated at the card table as players shall be permitted to bet. 3.6.2 Class II Tablesw No more than seven (7) seated players with three additional standing players per seat, for a total of twenty-eight (28) players per table shall be permitted at any one card table conducting Class II Games. 3.7 Maximum Bets and Bettinq Rules. 3.7.1 In General. There shall be no limit on bets or wagers, subject to chief of police review as set forth below. 3.7.2 Chief of Police Discretion. Maximum bets and betting rules may be modified upon review by the 'chief of police, in his/her sole discretion and control pursuant to a procedure to be implemented and administered by the chief. The chief of police's decision shall be final. 10 3.7.3 Aden-date Funcls on Hand/Payment Policlr. At all times, licensee must have sufficient proceeds*to reimburse any and all demands made upon said licensee for the payment of w4~nings by a cardroom patron. In the alternative, and subject to approval of' the chief of police in his/her sole discretion, said licensee may have a written policy for full payment of w~nings to a card,room patron clearly posted in a place visible to cardroom patrons. 3.8 ~v~unnmHonse Char~es Per Hand -- Postinq Required. 3.8.1 Class I Games. No c~arge in excess of three dollars ($3.00) per hand per table shall be collected by a cardroom operator from any players for the privilege of participating in any Class I Game. Notwithstanding the foregoing, effective January 1, 1998, the maximum charge allowed shall be increased to a maximum of four dollars per hand per table for Class I Games. 3.8.2 Class II Games. No charge in excess of one percent (1%) of each one hundred dollars ($100) wagered shall be collected from any player for the privilege of participating in any Class II Game. 3.8.3 Posting aequired. A COpy of all schedules of house charges shall be provided to the police chief and shall be clearly posted in each licensed cardroom. 3.9 Work Permits and I~entification Badqes Required For Kev ~.~lo~ees and ~mp. lo~ees. 3o9.1 Work Permit Required. Prior to commencing work at a cardroom, each proposed key employee or employee of a cardroom, if such Person is other than the Person or Persons whose names appear on the application for the card_room license, must obtain a work permit from the chief of police. 3.9.2 Application Process. Each proposed key employee or employee shall submit an application for the required work permit to the chief of police. Such application shall be on a form issued by, or otherwise approved in advance by, the chief of police. Such application shall include, in addition to any other information required by the chief of police, (a) the past criminal record, if any, of such Person; {c) the fingerprints of such Person; and (d) a non-refundable fee, as presently designated, or as may in the future be amended, in the Master Fee Schedule for cardroom applications, to cover the cost of processing the application and of any required investigation of the applicant including a criminal background check to be performed by the police department at the applicant's expense. The work permit, when issued, shall be valid for one (1) year. Any renewal must also be approved by the chief of police and will be subject to a criminal background check to be performed by the chief of police at the applicant's expense. The chief of police may deny the initial approval or renewal of a work permit if, in the chief of police's opinion, (1) in the case Of a proposed key employee the applicant therefor should not be permitted to act as key employee or employee in lieu of management by the licensee of the cardroom; and (2) in the case of a proposed employee'the applicant therefor should not be permitted to be employed in a cardroom. 3.9.3 Ide~tification ba~es to be worn. Every key employee and employee of a cardroom shall, at all times when present in such cardrooms, wear an identification badge containing such Person's photograph, age, address and description of such individual. 3.9.4 L4~4tation of Discretion to Issue Work Permit. In addition to any other restrictions provided by law, no work permit shall be issued to anyone who is disqualified from holding a state gambling license, for any of the reasons specified in California Business and Professions Code Section 19850. 3~9.S Denial of an Application for a Work Pez~ait. Any application for a work permit shall be subject to objection by the State of California division of gambling control (hereafter division). If the division objects to the issuance of a work permit it shall be denied. Such a denial may be reviewed in accordance with the Gambling Control Act (Business and Professions Code Section 19801 et seq.) 3.S.6 ~mployment of Persons to St~late Play Prohibited. 3.9.6.1 It shall he unlawful for any licensee, key employee, independent contractor, or employee of a cardroom to engage or persuade any Person to play cards for the purpose of stimulating play where such person is to receive any reward, whether financial or otherwise, present or promised; or where such reward or revenue is to be diverted to the licensee, a manager or employee except that the licensee may use employee proposition players in strict conformity with the provisions of Section 3.9.7 below. 3.9.6.2 Except as expressly provided herein, it is unlawful for the licensee, or any key employee, independent contractor or employee of a cardroom to engage in the lending or giving of money, chips, tokens, or anything of value, either real or promised, to any person for the purpose of allowing that person to eat, drink, or play card games. Licensee may extend credit to a player in an amount not to exceed $2,000 at no interest and may offer other incentives subject to the prior approval of the chief of police in his/her sole discretion, who decision shall be final. 3.9.7 ~mployee Proposition Players. 3.9.7.1 A licensee shall use only employees as proposition players. 3.9.7.2 A licensee shall not allow, permit, or suffer more than two (2) proposition players to play at a card table at any given time, subject to modification-by the chief of police in his/her sole discretion. The chief of police's decision shall be final. 3.9.7.3 The licensee shall not provide any compensation, reward, credit, chips, or any other thing of value or representation of value to an employee who acts as a proposition player other than salary or wages earned for the time the employee works as a proposition player. This prohibition does not prohibit a proposition player from receiving ~he same employment benefits as apply to all other employees of bhe licensee; provided however that no employee or independent contractor shall be paid in chips. 3.9.7.4 A proposition player shall prominently display an identification badge pursuant to Section 3.9.3 at all times while present on the cardroom premises. 3.10 Intoxioatinq Beveraqes. 3.10.1 Intoxicating Beverages P~4tted. Upon application to and approval by the chief of police, in his/her sole discretion and control and pursuant to a procedure to be implemented and administered by the chief, alcoholic beverages may be served and consumed in a cardroom from the hours of 5:00 PM to 2:00 AM. At all times that alcoholic beverages are served, food must also be made available. The chief of police's decision concerning the consumption and service of intoxicating beverages shall be final.'Additionally, licensee shall comply with all applicable state and local laws, rules and regulations, including the city's land use regulations, pertaining to the sale and service of intoxicating beverages. 3.10.2 Key ~loyee/em~loyee Cons~tion Prohibited. The drinking of any intoxicating beverage by any key employee, independent contractor or employee Of a cardroom while on duty is prohibited. The licensee of a cardroom shall take all necessary and appropriate steps to assure compliance with this section. 3.10.3 Pe~nitting Intoxicated Persons to Play in Games Prohibited. NO licensee, key employee, independent contractor or employee shall permit any Person to play in any game or at any time which such Person is under the influence of an intoxicating beverage, narcotic, or drug. 3.10.4 Permitting Intoxicated Persons on Pr~ses Prohibited. No licensee, key employee, independent contractor or employee shall permit any Person to enter a gambling establishment which such Person appears to be under the influence of an intoxicating beverage, narcotic or drug. 3.11 Minors prohibited from patronaqe or emploFment. No person under twenty-one years of age shall be employed at a cardroom, allowed to play games at a cardroom, or permitted in a cardroom area where games are being played. Minors may be allowed in non-gaming areas but only subject to the approval of the chief of police in his/her sole discretion whose decision, shall be final. 3.1~ ~ic~'n.e to he Posted. Licensee shall comply at all times with the sign requirements set forth in this Gaming Plan including, without limitation, Sections 3.2.3, 3.3.2 and 3.8.3 hereof, and any and all other signage or posting requirements contained in applicable federal, state or local laws, rules and regulations. 3.13 Class II Games to he Played Only at Cordoned off Ta3sles. Ail card-room areas to be used for Class II gaming shall be roped, cordoned or otherwise physically segregated from the Class I gaming areas. Ail individuals within such Class II gaming areas other than cardroom employees, city regulatory or enforcement staff or uniformed security personnel who are working within the scope of their emplo~nnent shall be considered players at the table for purposes of compliance with the maximum number of players allowed provisions of Section 3.6 hereof. 3.14 Licensee EesDonsible for Compliance and Supervision of Operations. The licensee of a cardroom shall be responsible for assuring that auy cardroom operated under such license is operated in strict compliance with the terms of this Gaming Plan, the provisions of the Penal Code of the state of California and any and all other applicable federal, state, and local laws,.-rules, regulations, or permits. All cardrooms and/or card tables shall be supervised by the operator or an employee of the operator of the cardroom, to assure such compliance. Any violation of the card_room operating limitations and conditions in this Section 3, or elsewhere in the Gaming Plan, whether or not caused by the licensee or any employee thereof, shall be considered a violation by the licensee of the terms and conditions of its license, and therefore subject to the City's enforcement rights and policies set forth in Section 4 hereof. 3.15 Patron Safety and Security. 3.1Sol Each licensee shall submit a written patron safety and security plan, designed to protect patrons and other persons who are lawfully on the premises of the permitted cardroom, to the chief of police for his/her approval prior to opening for operations. 3.15.2 The chief of police, in his/her sole discretion and control, shall have the right to require amendments to the patron safety and security plan that are, in his or her judgment, reasonably necessary to protect the public peace, health, safety, and welfare. 3.15o3 Licensee shall be responsible for payment to the City of all actual administrative costs incurred by the City including the cost of staff time, at the City's full cost recovery rate, associated with the oversight of the patron safety and security plans required by this section, including the administrative costs associated with the review and approval of a patron safety and security plan or any amendments thereto which may be mandated by the chief of police. The chief of police shall estimate the cost Of City staff and other administrative costs in connection with oversight of the patron safety and security plans and the l~censee shall deposit such amount at the time of submitting the patron safety and security plan to the chief of police. If actual costs incurred exceed the initial deposit thee'chief of police may require the applicant to make additional deposits to offset costs incurred or to be incurred by the City. If the amount estimated is in excess of the cost inc%irred, the difference will be refunded to the applicant at the end of the City's review. 3.16 Crime Reporting Requirement. 3.16.1 Every licensee, key employee, employee, or independent contractor of a cardroom shall immediately report to the Chula Vista Police Department any crime committed on the cardroom premises. 3.16.2 Each licensee shall maintain a chronological criminal activity log and such other reports as the chief of police may determine are needed in order to effectively assist the Chula Vista Police Department to ca~ry OUt its law e~forcement function and protect the public health, safety, and welfare. 3.16.3 It shall be unlawful for a licensee, manager, employee or independent contractor of a cardroom to disable any 911 access on any pu~blic telephone 9n the cardroom premises. 3.17 Licensee or Key Employee on Pr~ses. A cardroom shall have on the premises, at all times the cardroom is open to the public, the licensee or a key employee. A "key employee" for purposes of this section is defined as an employee who shall have access to all cardroom premises for purposes of inspection or for purposes of compliance with any provision of this Gaming Plan and who shall have the responsibility and authority to ensure immediate compliance with the Gaming Plan and all state laws and regulations pertaining to gaming. Further, each cardroom licensee shall identify in writing the name, address, and telephone number of each key employee, and each key employee shall wear an identification badge designating the employee as a key employee. 4. Enforcement. 4.1 In General. It is unlawful and a violation of this Gaming Plan to obtain, transfer or consolidate a cardroom license, or to operate a cardroom in violation of any of the regulations and rules set forth in the Gaming Code, this Gaming Plan, and any and all other applicable federal, state and local laws, rules, regulations or permits. 4.2 Monetary Fines° 4.2.1Amounts of Fines. For any violation of the terms of this Gaming Plan, the city shall have the right to impose a penalty of up to $1,000 per day for each day the licensee is in violation. In the event that a licensee is cited for a violation (not necessarily the same violation) more than three (3) times within a 6 month period, upon the fourth such citation, and with respect to any occurrence thereafter, the city shall have the right to impose a penalty of up to $5,000 per day the licensee is in violation. 4.2.2 Imposition of Fine Not Election of Remedies. The pursuit of monetary fines against a licensee or the receipt of payment therefor ~hall not constitute an election of remedies on the part of the city and thus shall not preclude any other course of action such as may be available including, without limitation, the revocation of the cardroom license held or issued hereunder, the revocation of any and all permits or approvals permitting the operation of the cardroom, and any and all other remedies available to the city at law or in equity. Revocation and Suspension. 4.3.1 City Right to Revoke o~ Suspend. Any cardroom license issued or held hereunder may be revoked or suspended by the city, after a public hearing, upon the determination by the city council and the chief of police that with respect to the license and/or cardroom operated thereunder, there has been a material violation, or repeated violations of this Gaming Plan or any or all other applicable federal, state or local laws, rules, regulations or permits. 4.3.2 Material Violation. The city shall determine, in its sole discretion, what shall constitute a material violation for purposes of revocation or suspension under this Section 4.3. Material violations may include, without limitation, the following: (a) A misrepresentation or exclusion on any application for approval, report or statement of revenues required to be submitted under this Gaming Plan or under any other applicable federal, state or local law, rule, regulation or permit. (b) A non-complying purported transfer of a cardroom license held or issued hereunder. (c) Allowing persons other than those named in the application on file with the city to own an interest in, or have direct management of a cardroom. (d) Maintaining a greater number of tables than the number permitted by the license. (e} Failure to strictly comply with any and all federal, state and local laws, rules, regulations and permits applicable to the holding of a license or the operation of a cardroom hereunder, including, without limitation local land use and other code provisions. (f) Failure to pay, when due, the amount of license tax owed pursuant to Section 2.7 hereof. (g) Citation of five (5) or more minor violations of this Gaming Plan within any twelve (12) consecutive months. (h) The conduct of criminal or dangerous activities at or attributable to the licensed cardroom. (i) Failure to pay, when due, the amount of any monetary fine imposed pursuant.to Section 4.2.1 hereof. (j) Refusal to permit city access to a cardroom for purposes of auditing or inspecting same. 4.4 InsDection Ri~hts. The City shall have the right, at any time, without notice, to enter into any cardroom operating within the city and to conduct a reasonable inspection of all areas of such cardroom, and/or any or all fixtures, equipment, accounting materiaI~ or documents contained therein, in order to determine whether or not such cardroom is being operated in accordance with this Gaming Plan. This inspection right is in addition to the audit rights enumerated in Section 2.7.4 herein. 5. General Provisions. 5.1 Definitions. Except as otherwise expressly defined herein, capitalized terms, and terms otherwise requiring definitions for proper interpretation, shall have the meanings ascribed thereto by the Gaming Code. 5.2 Section Headinqs. Section headings contained herein are for reference purposes only and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any section hereof. 5.3 Gaminq Plan Amendments. 5.3.1 City Council Approval Required. This Gaming Plan may be revoked or amended, in whole or in part, at any time, after a public hearing, by approval of the city council. 5.3.2 Full Cost Recovery for Administrative Costs Associated with Modifications to Gaming Pla~. Any Person requesting any modification to the Gaming Plan shall be responsible for payment to the City of all actual administrative costs incurred by the City including the cost of staff time, at the City's full cost recovery rate, associated with the re~uest for modification of the Gaming Plan. The chief of police shall estimate the cost of City staff and other administrative costs in 'connection with the requested modification and the Person shall deposit such amount at the time of submitting his/her request for modification to the Gaming Plan. If actual costs incurred exceed the initial deposit the chief of police may require the applicant to make additional deposits to offset costs incurred or to be incurred by the City. If the amount estimated is in excess of the cost incurred, the difference will be refunded to the applicant at the e~d of the City's review. 5.4 Integrated Plan. Ail ~rovisions of this Gaming Plan are intended to be integral parts of a comprehensive regulatory scheme. In the event that any material provision hereof is finally determined to be invalid, then, as of the date of such determination (a) the entire Gaming Plan shall, ab initio, become void and of no effect, and (b) the Gaming Code provisions otherwise implemented or superseded hereby shall become effective. Agreement of Licensee to Accept Validity and Abide by All Provisions. Each license which holds or is issued a license hereunder, in order to legally operate a cardroom within the city must first enter into a written agreement with the city whereby such licensee agrees, on behalf of itself, any successors or assigns thereof, and any and all parties with a financial interest in the license or the cardroom operated thereunder, that such Persons (a) shall abide by any and all provisions of the Gaming Plan; (b) acknowledge that all provisions of the Gaming Plan are valid and enforceable by the city against such Persons; and (c) waive and agree not to pursue any and all claims or other action against the city that any or all provisions of the Gaming Plan were not legally adopted, valid or enforceable with respect thereto. H \home\attorney\gaming plan 9-26-00 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT, PCC-00-16, MODI]?YING THE EXISTING PERMIT TO ALLOW THE EXPANSION OF TIlE EXISTING CARD ROOM FACILITY, INCLUDING CLASS II GAMENG, AT THE VILLAGE CARD ROOM, LOCATED AT 429 BROADWAY. A. RECITALS 1. Project Site WHEREAS, the parcel(s) which are the subject matter of this resolution are represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 429 Broadway and 584 Vance Street ("Project Site"); and 2. Project Applicant WHEREAS, on October 5, 1999 a duly verified application for a conditional use permit (PCC-00-16) was filed with the City of Chula Vista Planning Department by Harvey Souza DBA Village Club ("Applicant"); and 3. Project Description; Application for Conditional Use Permit WHEREAS, said Applicant requests permission to modify the existing conditional use permit and allow the expansion of the use to increase the number of card tables from 10 to 12, including 3 "Pai-Gow" 3 "21st Century California Style Blackjack," and 6 regular poker card tables; serve alcoholic beverages with food from a service bar to all the card tables; provide 24-hour, 7 day a week operation with an exclusively valet parking arrangement for all parking located on the site ("Project"); and 4. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the project on October 17, 2001 and voted 6 - 0 - 0 - 1 recommending that the City Council approve the project in accordance with Resolution PCC-00-16; and 5. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the project was held before the City Council of the City of Chula Vista on October 23, 2001; to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the same. Resolution No. __ Page 2 NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: B. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this project held on October 17, 2001 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION The Resource Conservation Commission determined that the Initial Study was adequate and recommended adoption of the Negative Declaration on October 1, 2001. The Planning Commission adopted the attached Resolution PCC-00-16 recommending that the City Council adopt the Negative Declaration on October 17, 2001. D. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the environmental determination of the Resource Conservation Commission and the Planning Commission was reached in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. E. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. l. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The former cocktail lounge has been closed and will be converted to additional card room use to allow for the expansion up to 12 card table facility; therefore the expansion will not require additional building area. The parking lot will be enlarged to include the adjacent R-2 zoned vacant lot and a tandem parking arrangement as necessary to meet parking requirements that will require valet parking at all times. The valet parking will allow for additional security in and around the facility, and with a 24-hour operation there will be surveillance of the facility at all times. This aspect should also reduce the vehicular trip generation of card players leaving and returning to the facility, since most card players play for many hours and would not have to leave at any time because of closing or opening times. Resolution No. __ Page 3 In addition, the use and expansion will not harm the general community since the application involves the adaptive re-use of the abandoned portion of the building (Winner's Circle Cocktail Lounge), the expansion of the existing use will be done in such a way as to minimize impacts to neighbors, and it is consistent with the City approved Gaming Plan. 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The remodeling of the card room facility will also include improvements to the site in general. Parking will be eliminated in the front building setback along Broadway, and replaced with landscape elements. The rear of the building will also include landscape planters. A landscape buffer will be implemented along Vance Street adjacent to the tandem/valet service parking stalls, as well as along the rear property line adjacent to the residential use. A 6-ft. screening wall will also be installed to separate the residential and commercial use. The overall number of driveways to access the site will be reduced and customers must enter at one location for the valets to park their vehicles, reducing the number of potential vehicular and pedestrian conflicts. In addition, all parking will be provided on-site, the abandoned cocktail lounge building will be remodeled, and the 24-hour valet parking system will increase security in the area. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The use of the property for a card room facility is permitted within the CT zone by way of this conditional use permit. The applicant has strived to bring the subject properties into conformance with current development standards, including additional parking and landscaping elements which substantially reduce the non-conformities to current development standards. The R-2 zoned property adjacent to the east will be incorporated into the parking lot arrangement as allowed by the zoning code as part of this conditional use permit. In addition, the proposed use will be consistent with all provisions of the City gaming ordinance (Gaming Plan) covering this type of facility. 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The proposed expansion of the existing card room use will not adversely affect the General Plan of the City or the adopted plan of any government agency. The Resolution No. Page 4 proposed expanded and existing card room use are still subject to and must comply with the City's Gaming Plan as overseen by the Police Department. The expansion wilt also be consistent with a Security Plan to be approved by the Police Department, State Department of Alcohol Beverage Control licensing . · regulations pertaining to the hours and percentage of alcoholic beverages sold on site, and State Department of Justice Division of Gambling Control licensing regulations pertain to controls to Class I, IA, and II gaming in compliance with the City's approved Gaming Plan. F. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-00-16 subject to the following conditions whereby the Applicant and/or property owners shall: 1. Construct the project as shown on the conceptual site plan, elevations, and landscape plan submitted for review on August 23, 2001~ Provide revised plans in compliance with all conditions of approval prior to the issuance of building permits. 2. The card room use shall be permitted 24-hours a day, seven (7) days a week. 3. The time frame for alcoholic beverage sales and consumption shall be limited to between 5 PM to 2 AM (9 hours). Receipts shall be provided at the end of each year to the Police Department to verify that the sale of alcohol is incidental (less than 50 percent) to the sale of food, in compliance with an ABC On-Site General Sale (Type 47) Eating Place (restaurant) license. 4. In the event that the applicant fails to operate the facility in conformance with the Security Plan as approved by the Police Department, or if there are any irregularities or violations of the conditions placed on the card tables, such as the number of persons playing at card tables or the prescribed seating at the card tables as proposed that are occurring at any time, then staff will return the Conditional Use Permit to Planning Commission and City Council for further review or revocation. 5. The adjacent R-2 lot owned by the Applicant will be upgraded with the same paving, striping, and landscaping improvements as the rest of the parking lot. The screening wall shall be increased from a 5-ft. wall to a 6-fL decorative block wall on the easterly property line, retaining the proposed landscape buffer to separate the commercial and residential use. Submit revised site plans and elevations showing these changes for review and approval prior to the issuance of building permits. 6. The exterior of the cocktail lounge shall be remodeled with some facade treatment that will integrate the design of the two buildings together, and the building shall be graffiti coating as described in Condition No. 21. All rooftop mechanical equipment shall also be screened by means of a parapet or screening material to match the building. Resolution No. __ Page 5 7. The existing signage of the cocktail lounge shall be removed, and all remaining signage shall be brought into conformance with the sign ordinance, subject to the approval by the Director of Planning and Building. 8. The parking ratio and requiremem shall be 1 parking space per 1.5 card players, for a minimum total of 84 parking spaces for 126 card players. Submit revised site and conceptual landscape plans that shall show the elimination of the five additional parking spaces in order to provide for additional landscape plainer areas in conformance with landscaping requirements. 9. The driveway directly in from of the card room building shall be removed and replaced with barrier curb and level sidewalk. The driveways on Vance Street shall be re-aligned with the driveway aisles to eliminate conflicts with the proposed spaces. 10. The driveway aprons and opening shall be removed, replaced or re-aligned in conformance with Chula Vista design standards as required to provide proper circulation within the parking space and driveway aisle arrangement allowed for tandem parking only. 11. The provision to allow for tandem parking within the parking lot shall require that full-time valet parking employees shall be provided to control and access and eliminate all self-parking on 24-hour basis for the entire parking lot. 12. If the valet parking is discontinued for any reason, the applicant shall be required to submit a Conditional Use Permit amendmem to modify this Conditional Use Permit. This will require the re-striping of the parking lot for standard parking spaces and driveway aisles, and the card room operation (number of card tables allowed) shall be proportionally reduced based on the parking space allotmem, unless additional off- site parking spaces can be appropriately provided to maintain the intensity of use. 13. The handicap access parking space located in the front (20-ft.) along Broadway at the corner of Vance Street shall be eliminated and replaced with a landscape planter area. The applicant may retain four (4) handicapped parking spaces along the north side of the building to meet the code requirement for an 84-space parking lot. 14. Subject to the approval of the Director of Planning and Building, Applicant shall submit a plan to eliminate another four parking spaces and provide four additional landscape planter areas, to be strategically located at the driveway entrances and near walkways per the determination of the Landscape Planner. Another row of palm tree planter shall be incorporated within the easterly triple row of tandem parking spaces similarly to those shown for the westerly triple row of tandem parking spaces. 15. Applicant shall submit a revised conceptual landscape plan subject to the approval of the Director of Planning and Building, incorporating the new additional landscape planter areas and subject to the review of the Landscape Planner. Said plan shall incorporate planting that will be appropriate so that the irrigation and maintenance Resolution No. __ Page 6 will be satisfactory to address the longevity and durability of the proposed landscaping. 16. Commercial properties must have enclosures, bins, or carts that meet design specifications. The locations and orientation of storage bins and dumpsters must be pre-approved by the City franchise trash hauling company. Provide sufficient space for designated recyclables. A shared paper/cardboard bin, along with food and beverage container cart with other storage may be permitted. A commercial trash enclosure large enough for solid waste, mixed paper, and a cart for food and beverage containers must be provided to meet the minimum 50 percent recycling requirement. Contact the City Conservation Coordinator at 691-5122. 17. Obtain all necessary permits from the Chula Vista Building Division. Building plans shall include, but are not limited to, plans showing any alterations to plumbing, mechanical, electrical changes, such as walls moved, deleted, etc. Building plans must comply with 1998 California Building Code, Mechanical Code, Plumbing Code, and Electrical Code, as well as Handicapped accessibility requirements and 2001 Energy requirements). 18. Provide building floor plans with complete detail dimensions of all building spaces. The plans shall include, but are not limited to showing all exiting and occupancy loads for each building room or space, and the widths of all openings. Indicate the type of construction of the buildings. Four (4) handicapped access-parking stalls must be shown per conceptual plans that call for 89 parking spaces. 19. The building plans shall include, but are not limited to the requirement to obtain Health Department approval for the restaurant permit. The exterior walls and openings may need to be fire rated. Kitchen services, restrooms and corridors will also need to be fire rated and the occupancy changed to "A.' Any modifications to the roofing will also need to be shown on the building plans. 20. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055, 9.20.060, and 9.20.035 of the Chula Vista Municipal Code regarding graffiti control. 21. The Fire Department requirements include, but are not limited to requiring building plans to indicate the occupancy classification change to A-3, the total square footage, exiting, etc. Corridors are required to be a minimum 3-f~. in width. All doors must be a minimum 20-minute fire rated. Changes in floor levels greater than ½ inch shall be accomplished by means of a ramp. Smoke detectors shall be required in every area and in the hallway. Provide one 2A10BC fire extinguisher every 3,000-sq. f~., a 20-ft. access shall be provided around the building for fire trucks. One manual pull station shall be provided at a location approved by the Fire Department. Resolution No. Page 7 22. Comply with all requirements of the Police Department. The security plan shall be submitted for Police Department review and approval prior to implementation of the Class II gaming. All card room operations shall comply with the requirements of the Gaming Plan. 23. The parking area needs to have adequate security lighting. In addition, the lighting for the vehicle drop-off and pick-up area needs to have transitional lighting for the safety of the patrons and employees. Lighting for the facility shall be shown on a revised site plan and shall be in conformance with Section 17.28.020 of the Municipal Code. The lighting plan shall includes details showing that the proposed lighting shall be shielded to remove any glare from adjacent residential and commercial properties, and shall be reviewed and approved to the satisfaction of the Planning and Building Director. 24. Comply with all requirements of the Chula Vista Public Works Department and Engineering Division. Additional review will be required at the time of building permit approval. Fees, including but not limited to sewer capacity and traffic signal impact fees shall be required. 25. All driveways shall be constructed per Chula Vista standards. All driveway closures, sidewalk, curb, and gutter must be constructed to the standards of the City. All driveways must align properly with adjacent on-site driveways. A construction permit for work in the City's right-of-way will be required for the construction of all driveway aprons per Chula Vista construction standards CVCS-1. 26. The Applicant shall prepare and obtain approval of revised plans from the Traffic Section of the Engineering Division of Public Works Department prior to final approval of the building permit. Said plans shall demonstrate that there is adequate sight distance for drivers to turn right onto Broadway from Vance Street. The curbside parking on the east side of Broadway will be prohibited for a distance of approximately 50-ft. north and south of Vance Street, which will be verified in the field and painted red-curb by the City. 27. The westerly driveway shall also be a one-way driveway similar to the easterly driveway. Applicant shall be responsible for the relocation of the existing streetlight within the project so that access to the parking lot is maintained. The driveway access along Broadway shall be removed, and the driveways along Vance Street shall be designed and modified to the satisfaction of the City Engineer. 28. The Applicant shall submit a letter to the Sweetwater Authority from the Chula Vista Fire Department stating the fire flow requirements for water prior to the certificate of occupancy. The Sweetwater Authority shall determine if there is a need for new water systems or substantial alteration to the existing water system and Applicant must comply with any such determination. Resolution No. __ Page 8 29. Prior to issuance of building permit, Applicant shall be required to pay all school fees including, but not limited tothe Sweetwater Union High School District and Chula Vista Elementary School District. Said fees shall be based on square footage of floor area, to be assessed at the time of building permit issuance. 30. This conditional use permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 31. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source, which the Permittee cannot, in the normal operation of'the use permitted, be expected to economically recover. 32. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this conditional use permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this conditional use permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this conditional use permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. G. ADDITIONAL TERM OF GRANT This permit shall expire ten (10) years after the date of its approval by the City Council. After the first five- (5) years, the Zoning Administrator shall review this Conditional Use Permit for compliance with the conditions of approval, and shall determine, in consultation with the applicant whether the Conditional Use Permit shall be extended for an additional five- (5) years. H. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. Resolution No. __ Page 9 I. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: Robert A. Leiter Jo.~M Kaheny Director of Planning & Building City Attorney J:~PLANNING~JtAROLD\RESOLUTIONs\RES 0 C CPCC0 0-16. DOC 10/22/01 13:56 FAX c. V. PLANNING & Bl1ILDING I€J 001 AppendixB WDt1TEj) /7E/lJ #/1 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 all 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 or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. Harvey Souza Hetty SO]]7." John SO]]7." M~;lo nY;rlgo 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. N/A 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. N/A 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes - No Ja.- 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. Michael A- Green ~RQ 227 Third Avenue CI,ula v';'"La,CA 9191 e 276) (619) 425-4020 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes - No XX- If yes, state which Councilmember(s); Date: It - ;2;2- cJ/ / HARVEY SOUZA Print or type name of contractor/applicant . Person is tkftned or; "Any indlvltiuol, firm, co-partnership, joinl .enIU,", assoc/anon social club, frea..rnol organizolion. corpororio,,- errol<, '",st. r«ei..r, ')'ndieo'e. ,his oDd any othe, ,ounry. ciry ond couni",. eiry m..ic/paliry. dis/>'icl. or other political subd/virion. or ony o,he, g'oup or comb/nonon ocring os 0 unit. .. '1:-þn 14- R¿ý,~ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT, PCC-OO-16, MODIFYING THE EXISTING PERMIT TO ALLOW THE EXPANSION OF THE EXJSTING CARD ROOM FACILITY, INCLUDING CLASS II GAMING, AT THE VILLAGE CARD ROOM, LOCATED AT 429 BROADWAY A RECITALS 1. Project Site WHEREAS, the parcel(s) which are the subject matter of this resolution are represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 429 Broadway and 584 Vance Street ("Project Site"); and 2. Project Applicant WHEREAS, on October 5, 1999 a duly verified application for a conditional use permit (PCC-00-16) was filed with the City of Chula Vista Planning Department by Harvey Souza DBA Village Club ("Applicant"); and 3. Project Description; Application for Conditional Use Permit WHEREAS, said Applicant requests permission to modifY the existing conditional use permit and allow the expansion of the use to increase the number of card tables from 10 to 12, including 3 "Pai-Gow" 3 "21 ,t Century California Style Blackjack," and 6 regular poker card tables; serve alcoholic beverages with food from a service bar to all the card tables; provide 24-hour, 7 day a week operation with an exclusively valet parking arrangement for all parking located on the site ("Project"); and 4. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the project on October 17, 200 I and voted 6 - 0 - 0 - I recommending that the City Council approve the project in accordance with Resolution PCC-00-16; and 5. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the project was held before the City Council of the City of Chula Vista on October 23, 2001; to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the same. Resolution No. Page 2 NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: B. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this project held on October] 7, 200] and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION The Resource Conservation Commission determined that the Initial Study was adequate and recommended adoption of the Negative Declaration on October ], 2001. The Planning Commission adopted the attached Resolution PCC-OO-] 6 recommending that the City Council adopt the Negative Declaration on October] 7, 200]. D. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the environmental determination of the Resource Conservation Commission and the Planning Commission was reached in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City ofChula Vista. E. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The former cocktail lounge has been closed and will be converted to additional card room use to allow for the expansion up to 12 card table facility; therefore the expansion will not require additional building area. The parking lot will be enlarged to include the adjacent R-2 zoned vacant lot and a tandem parking arrangement as necessary to meet parking requirements that will require valet parking at all times. The valet parking will allow for additional security in and around the facility, and with a 24-hour operation there will be surveillance of the facility at all times. This aspect should also reduce the vehicular trip generation of card players leaving and returning to the facility, since most card players play for many hours and would not have to leave at any time because of closing or opening times. Resolution No. Page 3 In addition, the use and expansion will not harm the general community since the application involves the adaptive re-use of the abandoned portion of the building (Winner's Circle Cocktail Lounge), the expansion of the existing use will be done in such a way as to minimize impacts to neighbors, and it is consistent with the City approved Gaming Plan. 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The remodeling of the card room facility will also include improvements to the site in general. Parking will be eliminated in the front building setback along Broadway, and replaced with landscape elements. The rear of the building will also include landscape planters. A landscape buffer will be implemented along Vance Street adjacent to the tandem/valet service parking stalls, as well as along the rear property line adjacent to the residential use. A 6-ft. screening wall will also be installed to separate the residential and commercial use. The overall number of driveways to access the site will be reduced and customers must enter at one location for the valets to park their vehicles, reducing the number of potential vehicular and pedestrian conflicts. In addition, all parking will be provided on-site, the abandoned cocktail lounge building will be remodeled, and the 24-hour valet parking system will increase security in the area. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The use of the property for a card room facility is permitted within the CT zone by way of this conditional use permit. The applicant has strived to bring the subject properties into conformance with current development standards, including additional parking and landscaping elements which substantially reduce the non-conformities to current development standards. The R-2 zoned property adjacent to the east will be incorporated into the parking lot arrangement as allowed by the zoning code as part ofthis conditional use permit. In addition, the proposed use will be consistent with all provisions of the City gaming ordinance (Gaming Plan) covering this type offacility. 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The proposed expansion of the existing card room use will not adversely affect the General Plan of the City or the adopted plan of any government agency. The Resolution No. Page 4 proposed expanded and existing card room use are still subject to and must comply with the City's Gaming Plan as overseen by the Police Department. The expansion will also be consistent with a Security Plan to be approved by the Police Department, State Department of Alcohol Beverage Control licensing regulations pertaining to the hours and percentage of alcoholic beverages sold on site, and State Department of Justice Division of Gambling Control licensing regulations pertain to controls to Class I, lA, and II gaming in compliance with the City's approved Gaming Plan. F. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-OO-] 6 subject to the following conditions whereby the Applicant and/or property owners shall: ]. Construct the project as shown on the conceptual site plan, elevations, and landscape plan submitted for review on August 23, 2001. Provide revised plans in compliance with all conditions of approval prior to the issuance of building permits. 2. The card room use shall be permitted 24-hours a day, seven (7) days a week. 3. The time frame for alcoholic beverage sales and consumption shall be limited to between 5 PM to 2 AM (9 hours). Receipts shall be provided at the end of each year to the Police Department to verify that the sale of alcohol is incidental (less than 50 percent) to the sale of food, in compliance with an ABC On-Site General Sale (Type 47) Eating Place (restaurant) license. 4. In the event that the applicant fails to operate the facility in conformance with the Security Plan as approved by the Police Department, or if there are any irregularities or violations of the conditions placed on the card tables, such as the number of persons playing at card tables or the prescribed seating at the card tables as proposed that are occurring at any time, then staff will return the Conditional Use Permit to Planning Commission and City Council for further review or revocation. 5. The adjacent R-2 lot owned by the Applicant will be upgraded with the same paving, striping, and landscaping improvements as the rest of the parking lot. The screening wall shall be increased from a 5-ft. wall to a 6-ft. decorative block wall on the easterly property line, retaining the proposed landscape buffer to separate the commercial and residential use. Submit revised site plans and elevations showing these changes for review and approval prior to the issuance of building permits. 6. The exterior of the cocktail lounge shall be remodeled bv extending the mansard roof across the entire building: front ':¡.jth some façade treatmeRt that '¡¡ill integrate the desigB of the two tmildiRgs together, and the building shall be graffiti coating as described in Condition No. 21. All rooftop mechanical equipment shall also be screened by means of a parapet or screening material to match the building. Resolution No. Page 5 7. The existing signage of the cocktail lounge shall be removed, and the existing pole sign shall be relocated outside the Dublic right-of-way. All remaining signage shall be brought into conformance with the sign ordinance, subject to the approval by the Director of Planning and Building. 8. The parking ratio and requirement shall be I parking space per 1.5 card players, for a minimum total of 84 parking spaces for 126 card players. Submit revised site and conceptual landscape plans that shall show the elimination of the five additional parking spaces in order to provide for additional landscape planter areas in conformance with landscaping requirements. 9. The driveway directly in front of the card room building shall be removed and replaced with barrier curb and level sidewalk. The driveways on Vance Street shall be re-aligned with the driveway aisles to eliminate conflicts with the proposed spaces. 10. The driveway aprons and opening shall be removed, replaced or re-aligned in conformance with Chula Vista design standards as required to provide proper circulation within the parking space and driveway aisle arrangement allowed for tandem parking only. II. The provision to allow for tandem parking within the parking lot shall require that full-time valet parking employees shall be provided to control and access and eliminate all self-parking on 24-hour basis for the entire parking lot. 12. If the valet parking is discontinued for any reason, the applicant shall be required to submit a Conditional Use Permit amendment to modify this Conditional Use Permit. This will require the re-striping of the parking lot for standard parking spaces and driveway aisles, and the card room operation (number of card tables allowed) shall be proportionally reduced based on the parking space allotment, unless additional off- site parking spaces can be appropriately provided to maintain the intensity of use. 13. The handicap access parking space located in the front (20-ft.) along Broadway at the corner of Vance Street shall be eliminated and replaced with a landscape planter area. The applicant may retain four (4) handicapped parking spaces along the north side of the building to meet the code requirement for an 84-space parking lot. 14. Subject to the approval of the Director of Planning and Building, Applicant shall submit a plan to eliminate another four parking spaces and provide four additional landscape planter areas, to be strategically located at the driveway entrances and near walkways per the determination of the Landscape Planner. Another row of palm tree planter shall be incorporated within the easterly triple row of tandem parking spaces similarly to those shown for the westerly triple row of tandem parking spaces. 15. Applicant shall submit a revised conceptual landscape plan subject to the approval of the Director of Planning and Building, incorporating the new additional landscape planter areas and subject to the review of the Landscape Planner. Said plan shall Resolution No. Page 6 incorporate planting that will be appropriate so that the irrigation and maintenance will be satisfactory to address the longevity and durability of the proposed landscaping. 16. Commercial properties must have enclosures, bins, or carts that meet design specifications. The locations and orientation of storage bins and dumpsters must be pre-approved by the City franchise trash hauling company. Provide sufficient space for designated recyclables. A shared paper/cardboard bin, along with food and beverage container cart with other storage may be permitted. A commercial trash enclosure large enough for solid waste, mixed paper, and a cart for food and beverage containers must be provided to meet the minimum 50 percent recycling requirement. Contact the City Conservation Coordinator at 691-5122. 17. Obtain all necessary permits from the Chula Vista Building Division. Building plans shall include, but are not limited to, plans showing any alterations to plumbing, mechanical, electrical changes, such as walls moved, deleted, etc. Building plans must comply with 1998 California Building Code, Mechanical Code, Plumbing Code, and Electrical Code, as well as Handicapped accessibility requirements and 2001 Energy requirements). 18. Provide building floor plans with complete detail dimensions of all building spaces. The plans shall include, but are not limited to showing all exiting and occupancy loads for each building room or space, and the widths of all openings. Indicate the type of construction of the buildings. Four (4) handicapped access-parking stalls must be shown per conceptual plans that call for 89 parking spaces. 19. The building plans shall include, but are not limited to the requirement to obtain Health Department approval for the restaurant permit. The exterior walls and openings may need to be fire rated. Kitchen services, restrooms and corridors will also need to be fire rated and the occupancy changed to "A" Any modifications to the roofIng will also need to be shown on the building plans. 20. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055, 9.20.060, and 9.20.035 of the Chula Vista Municipal Code regarding graffiti control. 21. The Fire Department requirements include, but are not limited to requiring building plans to indicate the occupancy classification change to A-3, the total square footage, exiting, etc. Corridors are required to be a minimum 3-ft. in width. All doors must be a minimum 20-minute fire rated. Changes in floor levels greater than Y:z inch shall be accomplished by means of a ramp. Smoke detectors shall be required in every area and in the hallway. Provide one 2A10BC fire extinguisher every 3,000-sq. ft., a 20-ft. access shall be provided around the building for fire trucks. One manual pull station shall be provided at a location approved by the Fire Department. Resolution No. Page 7 22. Comply with all requirements of the Police Department. The security plan shall be submitted for Police Department review and approval prior to implementation of the Class II gaming. All card room operations shall comply with the requirements of the Gaming Plan. 23. The parking area needs to have adequate security lighting. In addition, the lighting for the vehicle drop-off and pick-up area needs to have transitional lighting for the safety of the patrons and employees. Lighting for the facility shall be shown on a revised site plan and shall be in conformance with Section 17.28.020 of the Municipal Code. The lighting plan shall includes details showing that the proposed lighting shall be shielded to remove any glare from adjacent residential and commercial properties, and shall be reviewed and approved to the satisfaction of the Planning and Building Director. 24. Comply with all requirements of the Chula Vista Public Works Department and Engineering Division. Additional review will be required at the time of building permit approval. Fees, including but not limited to sewer capacity and traffic signal impact fees shall be required. 25. All driveways shall be constructed per Chula Vista standards. All driveway closures, sidewalk, curb, and gutter must be constructed to the standards of the City. All driveways must align properly with adjacent on-site driveways. A construction permit for work in the City's right-of-way will be required for the construction of all driveway aprons per Chula Vista construction standards CVCS- I. 26. The Applicant shall prepare and obtain approval of revised plans from the Traffic Section of the Engineering Division of Public Works Department prior to final approval of the building permit. Said plans shall demonstrate that there is adequate sight distance for drivers to turn right onto Broadway ITom Vance Street. The curbside parking on the east side of Broadway will be prohibited for a distance of approximately 50-ft. north and south of Vance Street, which will be verified in the field and painted red-curb by the City. 27. The westerly driveway shall also be a one-way driveway similar to the easterly driveway. Applicant shall be responsible for the relocation of the existing streetlight within the project so that access to the parking lot is maintained. The driveway access along Broadway shall be removed, and the driveways along Vance Street shall be designed and modified to the satisfaction of the City Engineer. 28. The Applicant shall submit a letter to the Sweetwater Authority ITom the Chula Vista Fire Department stating the fire flow requirements for water prior to the certificate of occupancy. The Sweetwater Authority shall determine if there is a need for new water systems or substantial alteration to the existing water system and Applicant must comply with any such determination. Resolution No. Page 8 29. Prior to issuance of building permit, Applicant shall be required to pay all school fees including, but not limited to the Sweetwater Union High School District and Chula Vista Elementary School District. Said fees shall be based on square footage of floor area, to be assessed at the time of building permit issuance. 30. This conditional use permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 31. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source, which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 32. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, trom (a) City's approval and issuance of this conditional use permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this conditional use permit where indicated, below. Applicant' s/operator' s compliance with this provision is an express condition of this conditional use permit and this provision shall be binding on any and all of Applicant' s/operator' s successors and assigns. G. ADDITIONAL TERM OF GRANT This permit shall expire ten (10) years after the date of its approval by the City Council. After the first five- (5) years, the Zoning Administrator shall review this Conditional Use Permit for compliance with the conditions of approval, and shall determine, in consultation with the applicant whether the Conditional Use Permit shall be extended for an additional five- (5) years. At any time prior to the ten ( 0) year expiration date the applicant mav apply for an extension. H. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. Resolution No. Page 9 1. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: Robert A. Leiter Director of Planning & Building John M. Kaheny City Attorney J: \PLANNlNCIHARO LDlREsOLUTIONsIRESOCCpccOO-16_DOC o~ ?i - 'hy NOTICE OF ITEMS ADDED TO THE AGENDA OF THE CHULA VISTA CITY COUNCIL NOTICE IS HEREBY GIVEN that the following items have been added to the agenda of the Regular Meeting of the City Council of the City ofChula Vista to be held Tuesday, October 23, 2001, at 6:00 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue: . PRESENTATION OF A PROCLAMATION TO TEDDYE GENTRYE PROCLAIMING OCTOBER 2001 AS RED RIBBON MONTH . RECOGNITION OF CHULA VISTA FIREFIGHTERS WHO PROVIDED ASSISTANCE IN NEW YORK CITY Dated and posted: October 23,2001 J~ JÝp~ Donna Norris, Assistant City Clerk I declare under penalty of perjury that I am employed by the City of Chula Vista In the Office of the City Clerk and that I posted this document on the bulletin board according to Brown Act requirements. Dated ID,II?-jlJí Signed Q/1/,íli ¡){tjr¡,Ii!, NOTICE OF CONTINUANCE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Public Hearing originally scheduled for Tuesday, October 9,2001, and continued to October 16, 2001, to consider: CONSIDERATION OF APPROVAL OF THE FINAL SECOND-TIER ENVIRONMENTAL IMPACT REPORT (EIR 01-02), AMENDMENTS TO THE CHULA VISTA GENERAL PLAN, OTAY RANCH GENERAL DEVELOPMENT PLAN AMENDMENTS, SECTIONAL PLANNING AREA PLAN, AND RELATED DOCUMENTS FOR OT A Y RANCH VILLAGE ELEVEN (APPLICANTS: THE MCMILLIN COMPANIES AND BROOKFIELD SHEA OTAY) Has been rescheduled for Tuesday, October 23, 2001, at 6:00 p.m. in the City Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, CA. Dated: October 12, 2001 ~£~ Donna Norris, Assistant City Clerk NOTICE OF CANCELLATION OF MEETING OF CHULA VISTA CITY COUNCIL NOTICE IS HEREBY GIVEN that the Regular Meeting of the Chula Vista City Council scheduled for Tuesday, October 16,2001, has been canceled. The City Council will meet for its regularly scheduled meeting on Tuesday, October 23,2001 at 6:00 p.rn. in the City Council Chambers in the Public Services Building, 276 Fourth Avenue, Chula Vista, CA. Jh<." q:: Af~ , Donna R. Norris Assistant City Clerk