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HomeMy WebLinkAboutPlanning Comm Reports 2003/08/13 AGENDA PLANNING COMMISSION MEETING Chula Vista, California Wednesday, August 13 , 2003, 6:00 p.m. Council Chambers 276 Fourth Avenue Chula Vista, CA 91910 CALL TO ORDER: Hall Madrid O'Neill Cortes Castaneda Horn Felber ROLL CALL/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE INTRODUCTORY REMARKS ORAL COMMUNICATIONS Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. 1. PUBLIC HEARING: PCC 03-80; Conditional Use Permit proposal to allow a dwelling group consisting of three single-family dwelling units in the R-1-5P Zone, at 1198 Alpine Avenue, The applicant has requested an extension and staff is recommending a continuance to the September 10, 2003 Planning Commission meeting. 2. PUBLIC HEARING: Zoning Ordinance Amendment PCA 03-10, a proposal to amend Chapter 19.60 and various other sections of the Chula Vista Municipal Code regulating signs on private property within the City of Chula Vista. Applicant: City af Chula Vista. Project Manager: John Schmitz, Principal Planner Planning Commission - 2- August 13, 2003 3, PUBLIC HEARING: Cansideration of applications involving two sites: 1.) a 10- acre site located west of Duncan Ranch Raod, north of Proctor Valley Road within Rolling Hills Ranch Neighborhood 7, and 2.) the southern boundary between the parcel designated in the SPA as "Community Park" and the immediately adjacent CPF site within Neighborhood 8. a. GPA 03-03 amendments to the Chula Vista General Plan Land Use Diagram in order to: 1.) change the existing land use designation from Low Density Residential (0-3 du/ac) to Low-Medium Density Residential (3-6 du/ac) in Neighborhood 7. b. PCM 03-24; amendments to the Salt Creek Ranch General Development Plan, Salt Creek Ranch Sectional Planning Area Plan and Salt Creek Ranch Planned Community District Regulations and associated documents to change portions of the existing land use designations for parcels within Neighborhood 7 and 8. Applicant: McMillin Development Company. Project Manager, Jeff Steichen, Associate Planner 4. PUBLIC HEARING: PCS 03-13; Consideration ofTentative Subdivision Map to divide approximately 10 acres into 43 single family lots. Applicant: McMillin Development Company. Project Manager, Jeff Steichen, Associate Planner BUSINESS: Nomination of new representative to serve on GMOC for FY 03-04. DIRECTOR'S REPORT: COMMISSION COMMENTS: COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, and/or participatp. in a City mpeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TOO) at 585-5647. California Relay Service is also available for the hearing impaired. ~\,?- -r- ~7 - = CI1YOf CHUIA VISTA Depart:lnent of Planning and Bu.ilding Date: August 8, 2003 To: Planning Commission From: Jim Sandoval, A~ti~~irector of Planning & Building Dawn Van Boxt~ociate Planner Via: Subject: Public Hearing Item: PCC-03-80: 1198 Alpine Avenue Public hearing item PCC-03-80 is an item that was continued to this meeting, August 131", from the meeting of July 30lh to allow the applicant to further respond to the commission's concerns relating to design and access. The applicant has requested that the item be further continued to the meeting of September 10, 2003 to allow further time to discuss design options and prepare any revised plans. ~~f?- ~ ~~~~ .......~~- CITY OF CHULA VISTA OFFICE OF THE CITY ATTORNEY CONFIDENTIAL MEMO ATTORNEY CLIENT PRIVILEGE To: Mcmbers ofChula Vista Planning Commission ~ Elizahcth Wagner Hull, Deputy City Attorncy IfJ From: Date: OR/l2/20()3 Re: Sign regulation changes In January of this year Randall Morrison made a prescntation to the Planning Commission which providcd an ovcrview of the process to updatc Chula Vista's sign regulations. Following the prcscntation, staff and Mr. Morrison continued to work on the proposed new draft of a sign ordinance. The ncw ordinance was scheduled to bc prcsentcd to the Planning Commission and Council III the fall of this ycar. Early in July the City received several applications for sign pernlits from a newly formed company called "Gct Outdoors LLC." It appeared thc pcrmit applications were likely a set-up by somcone who was planning to fiic a constItutional challenge to the city's sign ordinance in federal court. At this point, work on the new sign ordinancc bccame an urgent matter, and staff and Mr. MOrrIson workcd diligently to create a sign ordlllancc that is much stronger, III legal and constitutional terms. This ncw version was adopted as an urgcncy measure hy Council on July 8. It is scheduled to he extended at thc Council meeting on August 19. Staff has made a few changcs to the July R version, to creatc what will he a non-urgency sign ordinancc that will he hefore you on August 13. It will then go to Council for first reading on August I'). "Get Outdoors LLC" sued the City late in July. The lawsuit attacks the pre-July 8 vcrsion ofthe sign ordinance, says that ordinance is unconstitutional and unentorceable, and therefore the city has no valid sign regulation, and therefore they are entitled to have their billboard permits issued. Although thc City adopted urgency ordinance, for purposes of litigation and the puhlic record, the City is not conceding the constitutionality of the original sign ordinance. When cities give in to this sort of lcgal intimidation and issue billboard pem1its in violation of local land use policy, the hIllhoard permits are usually sold, at huge profit, to a real billboard company. Reading the complallll, It is apparent that this "billboard company" is unaware that thc city adopted a much improvcd sign ordlllance on July 8. Through thc adoptIon of the urgency ordinance and the proccssing of the pel1l1anent ordinance, thc city's legal position in the litigation should be much stronger. 276 FOURTH AVENUE' CHULA VISTA. CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 409-5823 j.:~ ~~~p.. The adoptIon of thc proposed sign ordinance by Council on August 1 <J, 2003, is crucial to the City's legal posItion in the litigation. This latest (ex( was draftcd primarily for legal purposcs, and to fend off chargcs of free speech violations. It does not Impose any ne\\ restrictions on people's rights to display sIgns, and in fact slightly increases the right to post signs bearing "noncommercial" messages at residences. However, it is not the final product. Sometime in the relatively near future the City plans to conduct public input on possible changes to thc rules about signs. Thc new sign ordinance regulates signs on private property only. SIgns on property owned or controlled by the CIty will bc subject to a separate polIcy adopt cd by Council resolution. A copy of the proposed policy was provided as part of your agenda packet for the Planning Commission meeting on August 13,2003. . Page 2 CITY OF CHULA VISTA PLANNING COMMISSION AGENDA STATEMENT Item: 2- Meeting Date: 8/13/03 ITEM TITLE: Public Hearing: Zoning Ordinance Amendment PCA-03-JO, a proposal to amend Chapter 19.60 and various other sections ofthe Chula Vista Municipal Code regulating signs on private property within the City of Chula Vista. Applicant: City ofChula Vista The proposal is for the City to adopt a permanent ordinance regulating signs on private property throughout the City of Chula Vista. In addition the Plarming Commission can review a proposed policy regarding the display of signs on public property. The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has deternlined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION: That the Planning Commission recommend to the City Council the adoption of the attached ordinance amending Chapter 19.60 and various other sections ofthe Chula Vista Municipal Code to regulate signs on private property. DISCUSSION: As part of the 2002 work program for the Department of Building and Planning, staff began evaluating the Zoning Code in anticipation of a comprehensive Zoning Code update. During the Zoning Code evaluation it was determined that certain provisions of the Sign Ordinance required immediate attention to address current processing concerns and to ensure consistency with federal and state law. To assist in staffs analysis of the issues surrounding the sign regulations, the City entered into a contract with Randal Morrison, a local attorney nationally recognized as an expert in sign law. Mr. Morrison was tasked with drafting changes that will clarify certain basic requirements of the ordinance. It is intended that a subsequent work program wi]] be undertaken by staff to evaluate the various sign standards regulating size, height etc. once new General Plan policies are adopted to guide such an effort. Such an effort is likely to be much more time consuming as public meetings will be necessary to solicit input from the business community and other community interests to help craft new sign standards. Page 2, Item: Meeting Date: 8/13/03 On July 8, 2003, staff presented an urgency ordinance to the City Council that consolidated the definitions and regulations, clarified the intent and purpose ofthe sign regulations and modified the language appropriately. Generally, the underlying policies and standards regarding permissible signage remained the same. However, the urgency ordinance does explicitly allow noncommercial message signs on all legal residential uses. The City Council adopted the proposed urgency ordinance, but directed staff to prepare a permanent ordinance for a public hearing before the Planning Commission. The Council further directed that the pennanent ordinance with the Planning Commission's recommendation be returned to them on August 19 for consideration. The ordinance before the Planning Commission is essentially the same as the urgency ordinance adopted by Council with two minor adjustments. These are: . In Section 19.60.060 - Definitions, the definition of "Signs" includes subsection 1 that excludes signs on public property. Staff is recommending the addition of the following clarifying sentence: "Said signs shall be regulated by an adopted City Council policy". More on this policy will be discussed later. . Section 19.60.500.C has a typographical error in the first sentence referring to CVMC 9 19.58.370 and 19.58.380. In summary, the proposed ordinance will: . Consolidate all definitions and regulations relating to signs, many of which were found in the various chapters of the code associated with the different zones (i.e., CC zone, RI zone, IR zone, etc.), completely within the new Chapter 19.60. . Provide a clearer explanation of the intent and purpose of the City's sign regulations at the beginning of the new Chapter 19.60. . Remove or modify those portions of the sign regulations that could be interpreted to apply different standards to different types of speech inappropriately. . Remove or modify portions of the sign regulations, which might be seen as conferring on staff, the design review committee, the planning commission, or City Council unbridled discretion of approving or disapproving signs. . Amend current definitions and add new definitions to remove ambiguities and ease application of the sign code. . In a few instances, provide clarification on certain sign regulations that have been ambiguous and difficult for staff to implement. In addition to the summary above, the following issues were noted in the report to Council. Real Estate Signs: Regulations relating to real estate signs (including open house signs) are kept intact with minimal changes in the proposed ordinance. In fact, the only significant change was the addition oflanguage to make it clear that a property owner has the option of placing his or her real estate sign on another person's private property (with their consent) instead of on his or Page 3, Item: Meeting Date: 8/13/03 her own property. Existing onsite commercial sign age: If the City were to impose new restriction on existing onsite commercial signs the City would have to conduct a citywide sign inventory and conduct a confirmation hearing six months after initial adoption. However, this version of the new sign ordinance does not make new restrictions on on-site commercial signage, therefore no inventory or confinnation hearing will be required. Urgency Ordinance: The "Urgency Ordinance" went into effect immediately pursuant to Charter Section 311 which provides for the adoption of any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, safety, and general welfare. The item was brought forward to the City Council on July 8 as an urgency measure to address the concerns mentioned above and because of the current and immediate threat to the public health, safety and welfare presented by the potential approval or denial of a permit, variance, or building permit under the previous ordinance which may not be consistent with state and federal law. Furthermore, it has been brought to staff's attention that there is currently a rash of litigation challenging sign ordinances both in this state and other states. A sign ordinance is one of the most important laws adopted by a municipality. The regulatIons contained in such laws do much to promote the pubJic health, safety and welfare. For instance, they promote aesthetics and significantly increase property values by reducing visual clutter and signage which may be disharmonious with other nearby signage or structures. Sign codes economically benefit a city by ensuring each business has adequate room and sight lines to advertise without being crowded out by an inconsiderate or unscrupulous neighbor. Finally, they increase traffic t10w by eliminating cluttered, distracting, confusing, or illegible signage and prevent injury by eliminating improperly placed or constructed, or poorly maintained signs. Therefore, because of the importance of sign ordinance (and each of its provisions), it is imperative that the City protect the pubJic health, safety, and general welfare by ensuring that an easily applied and completely valid sign ordinance is in force within the City. As part of his evaluation of the City of Chula Vista sign regulations, Mr. Morrison recommended that the City Council adopt a policy statement for regulating signs on public property and in the public rights-of-way. He noted that the when acting in a propriety capacity for land in public control, the City of Chula Vista could be more flexible in the placement or use of signs on City owned land and public rights-of-way. Staff has therefore prepared a draft resolution with proposed policy language for Council consideration. A copy ofthis policy is attached for the Commission's information. This policy includes the following: . Generally bans signs anywhere on pubJic property unless the policy or other City Council action expressly allows signs in a particular location and a permit is obtained from the City of Chula Vista. . Establishes the process for obtaining said permit. Page 4, Item: Meeting Date: 8/13/03 . Exempts temporary non-commercial signs on traditional public forums such as parks, streets and sidewalks from the permitting requirement but requires that such signs be "personally attended", do not exceed a certain size, are displayed only during daylight hours, and do not crcate a safety hazard. . Incorporates the provisions of the kiosk sign program that was removed from CVMC Chapter 19.60. . Allows and establishes standards for special event signs associated with special events held on City property. This proposed policy does not represent a modification of the City's existing policy prohibiting political and other noncommercial message signs on City property and/or rights-of-way. CONCLUSION: Staff believes that the adoption of the new regulations in Chapter 19.60 and the new City Council policy will provide clear guidance on how signs shall be treated on both public and private property. It will make it easier for staff to explain to the public what signs are allowed, where they are allowed, and what process will be required for approval or regulation of proposed signs in either location. Stafftherefore recommends that the Planning Commission forward the draft ordinance to the City Council with a recommendation of approval. Attachments ~~ 1. Draft Planning Commission Resolution 2. Draft Ordinance Amending Chapter 19.60 3. Proposed City Council Policy on Signs on Public Property RESOLUTION NO. PCA-03-10 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING CHAPTER 19.60 AND VARIOUS OTHER SECTIONS OF THE CHULA VISTA MUNICIPAL CODE REGULATING SIGNS ON PRIVATE PROPERTY WITHIN THE CITY OF CHULA VISTA. WHEREAS, as part of the 2002 work program for the Department of Building and Planning, staff began evaluating the Zoning Code in anticipation of a comprehensive Zoning Code update; and WHEREAS, during the Zoning Code evaluation it was determined that certain provisions of the Sign Ordinance required immediate attention to address current processing concerns and to ensure consistency with federal and state law; and WHEREAS, to assist in staffs analysis, the City entered into a contract with Randal Morrison, a local attorney nationally recognized as an expert in sign law, to draft changes that clarify certain basic requirements of the sign code; and WHEREAS, on July 8, 2003, the City Council considered and adopted an urgency ordinance that modified various portions of Title 19 of the Chula Vista Municipal Code relating to sign regulations to consolidate the definitions and regulations, clarify the intent and purpose of the sign regulations and modify the language appropriately; and WHEREAS, as part of their July action on the urgency ordinance, the City Council directed staff to prepare a permanent ordinance that would be heard by the Planning Commission and presented to the City Council for adoption on August 19,2003; and WHEREAS, The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA, and WHEREAS, the Planning Commission set the time and place for a hearing on said ordinance amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City as least ten days prior to the hearing, and, WHEREAS, the hearing was held at the time and place as advertised, namely August 13, 2003, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. ATTACHMENT 1 Page 2 NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS PRESENTED AT THE HEARING, THE PLANNING COMMISSION recommends that the City Council adopt an ordinance amending Chapter 19.60 and various other sections of the Chula Vista Municipal Code regulating signs on private property, as shown in Attachment ""A." BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13th day of August, 2003, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Steve Castaneda, Chair Diana Vargas Secretary to Planning Commission J :\PlanningVohnS\Dncumcnts\Resolutions\2003\PCA03-1 U Sign Ord.doc AlIA-C H'M~JJJ 2- ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 19.60 OF THE CHULA VISTA MUNICIPAL CODE REGULATING SIGNS ON PRIVATE PROPERTY WITHIN THE CITY OF CHULA VISTA WHEREAS, as part of the 2002 work program for the Department of Building and Planning, staff began evaluating the Zoning Code in anticipation of a comprehensive Zoning Code update; and WHEREAS, during the Zoning Code evaluation it was determined that certain provisions of the Sign Ordinance required immediate attention to address current processing concerns and to ensure consistency with federal and state law; and WHEREAS, to assist in staffs analysis, the City entered into a contract with Randal Morrison, a local attorney nationally recognized as an expert in sign law, to drafting changes that will clarify certain basic requirements of the sign code; and WHEREAS, on July 8, 2003, the City Council considered and adopted an urgency ordinance that modified various portions of Title 19 of the CVMC relating to sign regulations to consoJidate the definitions and regulations, clarify the intent and purpose of the sign regulations and modify the language appropriately; and WHEREAS, as part of their July action on the urgency ordinance, the City Council directed staff to prepare a ordinance that would be heard by the Planning Commission and presented to the City Council for adoption within 45 days; and WHEREAS, On August 13,2003, the Planning Commission did hold a duly noticed public hearing to consider the proposed ordinance a recommended City Council adoption by a vote of - NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain: -1- Chapter 19.60 SIGNS Sections: 19.60.005 19.60.010 19.60.020 19.60.030 19,60.040 19.60.050 19.60.060 19.60.100 19,60,110 19.60,120 19,60.200 19.60.210 19.60.220 19.60.300 19.60.400 19.60.410 19.60.430 19.60.450 19.60.500 19.60.510 19,60.520 19,60,530 19.60.540 19.60.550 19.60.560. 10.60.570. 19.60.580 10.60.590 19,60.595 19,60.600 19.60.700 19,60.800 19.60.810 19.60.900 19.60.930 Title. Purpose. Balancing. Intent. Scope. Standard Provisions, Definitions. Sign Area. Sign Height. Sign lIIumination. Support Requirements. Materials. Construction standards. Prohibited Signs. Sensitive zones - basic sign age allowance. R-3 zones. MHP zones. P-C zones. Sign rules - all commercial zones. Commercial- Administrative and Professional Office (C-O) zone. Central Bnsiness (C-B) zone. Neighborhood Commercial (C-N) zone. Central Commercial (CC) zone. Visitor Commercial (C-V) zone. Commercial Thoroughfare (C-T) zone. Industrial Research (I-R) zone. Limited Industrial (I-L) zone. General Industrial (I) zone. Other zones. Specialty signs. Signs permits. Permit applications. Processing of applications. Removal of certain signs. Amortization of nonconforming onsite signs, - 2- 19,60,005 Title. This Chapter shall be known as the Sign Ordinance. 19.60.010 Purpose, Among the purposes and interests to be served by this Chapter are the following: A. To serve, protect and enhance the public health, safety and welfare of the City and the people who live in, work, or visit it; B. To promote and accomplish the goals, policies and strategies of the general plan; C. To balance the public interests in community aesthetics against the signage needs of establishments and persons who wish to express information or a message by displaying a sign; D. To promote the free t10w oftraffic and protect motorists, cyclists and pedestrians from injury and property damage which could be caused, in whole or in part, by cluttered, distracting, confusing, or illegible signage; E. To prevent personal injury and property damage from signs which are improperly placed or constructed, or poorly maintained; F. To prevent the depreciation of property values which could be caused by inappropriate signage; G. To protect, preserve and enhance property values, the local economy, and the quality of life by governing the appearance of the streetscapes that affect the image of the city; H. To prevent interference with or obstruction of the proper conduct of legitimate establishments in the city which result from the erection and placement of poorly designed signs which are unsightly, improperly located, disproportionate and disharmonious with adjacent signs or structures and therefore tend to be both economically and aesthetically undesirable; 1. To authorize and direct the zoning administrator to enhance the aesthetic appearance of the city and to promote the economic well being of the community; J. To promote the use of signs which positively contribute to the aesthetics of the community, are appropriate in scale to the surrounding buildings and landscape, and to advance the city's goals of quality development; K. To provide standards regarding the non-communicative aspects of signs, which are consistent with applicable provisions of city, county, state and federal law. 19.60.020 Balancing. This Chapter states the policy decisions regarding display of signs, made by the City Council after carefully balancing many competing factors and interests. This Chapter consolidates all general provisions relating to the installation, regulation and amortization of signs on private property throughout the City ofChula Vista. 19.60.030 Intent. In adopting and enforcing this Chapter, the City intends to: - 3 - A. Provide t1exibility and encourage variety in signage, and create an incentive to relate signage to the basic principles of good design; B. Assure that the benefits derived from the expenditure of public funds for the improvement and beautification of streets, sidewalks, public parks, public rights of way, and other public places and spaces, are protected by exercising reasonable controls over the physical characteristics and structural design of signs; C. Improve the visual environment for the citizens and residents of, and visitors to the city; D. Protect prominent viewsheds within the community; E. Provide recovery mechanisms for the costs of administering this Chapter. 19.60.040 Scope. This Chapter regulates signs, as defined in this Chapter, which are placed on private property or on property owned by public agencies other than the City of Chula Vista and over which the City has zoning authority. 19.60.050 Standard Provisions. The policies, rules and regulations stated in this section apply to all signs within the regulatory scope of this Chapter, and to all provisions ofthis Chapter, notwithstanding any more specific provisions to the contrary. A. Message neutrality. It is the City's policy to regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs. B. Regulatory interpretations. All regulatory interpretations of this Chapter are to be exercised in light of the City's message neutrality policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a "structure" as defined in the California Building Code, then the Director shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this Chapter. C. Substitution of messages. Subject to the land owner's consent, a noncommercial message of any type may be substituted for any duly permitted or allowed commercial message or any duly pernlitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose ofthis provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted. - 4- D. Rules for non-communicative aspects of signs. All rules and regulations concerning the non- communicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approva1 process. E. Billboard poJicy. The City completely prohibits the construction, erection or use of any billboards, other than those which legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision is first adopted. The City adopts this policy pursuant to California Government Code section 65850, California Business and Professions Code sections 5354(a) and 5408.3 (both effective January 1,2003). No permit shall be issued for any billboard which violates this policy, and the City will take immediate abatement action against any billboard constructed or maintained in violation ofthis policy. The City Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this Chapter. The City Council intends for this billboard policy to be severable and separately enforceable even if other provision(s) of this Chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid or unenforceable. This provision does not prohibit agreements to relocate presently existing, legal billboards, as encouraged by California Business and Professions Code section 5412. F. MuHiple use zones. In any zone where both residential and non residential uses are allowed, the signage rights and responsibilities applicable to any particular use shall be determined as follows: residential uses shall be treated as if they were located in the residential use where that type of use wou1d be allowed as a matter of right, and nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary process. G. Severance. If any section, sentence, clause, phrase, word, portion or provision of this Chapter is held invalid or, unconstitutional, or unenforceable, by any court of competent jurisdiction, such holding shall not affect, impair, or invaJidate any other section, sentence, clause, phrase, word, portion, or provision of this Chapter which can be given effect without the invalid portion. In adopting this Chapter, the City Council affirmatively declares that it would have approved and adopted the Chapter even without any portion which may be held invalid or unenforceable. H. Land owners' consent. No sign may be displayed without the consent of the legal owner of the property on which the sign is mounted or displayed. For purposes ofthis policy, "owner" means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property. 1. Lega1 nature of signage rights and duties. As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this Chapter attach to and travel with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases regarding signs (so long as they are not in cont1ict with this Chapter), or the ownership of sign structures. J. Sign programs. Sign programs, voluntarily proposed for specific developments, as well as special sign districts or special sign overlay zone, when approved by the Planning Commission - 5 - or the City Council may modify the rules stated herein as to sign size, height, illumination, spacing, orientation or other non-communicative aspects of signs, but may not override or modify any of these Standard Provisions. All the provisions of this section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted. 19.60.060 Definitions. As used in this Chapter, the following words have the meanings given in this section. These definitions also apply to sign-related provisions of other Chapters, unless a different definition is given for that Chapter. In the case of an approved sign program, any definitions given therein shall apply within that sign program, unless such definition leads to a violation of any of the "Standard Provisions" stated in CVMC ~ 19.60.050; for terms used in a sign program but not defined therein, these definitions also apply. "Abandoned sign" means any sign remaining in place or not maintained for a period of90 days which no longer advertises or identifies an ongoing establishment, product, or service available on the premise where the display is located. "Accessory use," in the context of this Chapter, means a sign which is an accessory to, and clearly incidental to, the principal use on the same or adjoining parcel, lot, or property. In the context of commercial messages on signs, it means an onsite sign. "Air activated signs" means those signs which are int1ated or int1atable, as well as those which are activated by wind or forced air or gas. "Area" when used in reference to the size of a sign, means the area of the sign face or display, expressed in square feet. "Animated sign" means any sign which is designed and constructed to call attention, or to give its message, through a sequence of progressive changes in lighting, or of parts, including t1ashing, rotating or revolving signs. "Approved sign" means a sign for which a sign permit application has been received in accordance with CVMC ~ 19.60.700 and approved by the City. "Auxiliary sign" means any sign whose primary function is to direct, inform, instruct or warn by stating objective facts about which there can be no meaningful debate. Examples: accessible parking, all deliveries in back, hours of operation, danger high voltage, etc. "Background area" means an area in one continuous plane, and not interrupted by architectural features, lines or colors, upon which a signs copy is applied. "Barmer" means a strip of cloth, fabric, non-rigid paper, plastic or similar t1exible material, on which is displayed sign copy. Barmers are typically hung or suspended from fences, walls, or posts or poles. - 6 - "Billboard" means a permanent structure sign, located on private property, on which is displayed offsite commercial messages, as well as any permanent structure which is a principal use (as opposed to an accessory use) of the property on which it is built, on which messages are displayed. A billboard may be freestanding or attached to other structures. "Building frontage" means the total width of the elevation of a building that fronts on a private or public right-of-way or the building elevation along which the main entrance exits. For the purposes of calculating permitted sign area, every building has only one building frontage. For comer buildings or through lots the larger width shall be used in calculating permitted sign area. If more than one establishment or occupancy is located in a single building, then such area shall be limited to that portion which is occupied by each individual establishment or occupancy. "Canopy sign" means visual display attached to the underside of a projecting canopy or marquee protruding over public or private sidewalks or rights-of-way. "Changeable copy sign" means a sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or surface of the sign. "Commercial zone" means one of the following types of zones: C-O, C-B, C-N, C-C, C-V, C-T, l-R, 1- L, or!. "Commercial mascot" means humans or animals used as advertising devices for commercial establishments, typically by the holding or wearing of insignia, masks or costumes associated with the commercial establishment. Includes sign twirlers, sign clowns, etc. "Commercial sign" means any sign, wording, logo, picture, transparency, mechanical device or other representation that is intended to attract attention to a commercial or industrial business, occupancy, product, good, service or other commercial or industrial activity for a commercial or industrial purpose. "Construction sign" means a sign erected and maintained within a construction project, typically used to identify those individuals or businesses directly connected with the construction project and information regarding direction, price or terms. "Development sign" means a freestanding sign listing the architect, landscape architect, engineer, planner, contractor, or other person or firm participating in the development, construction or financing of the project on the site on which the sign is located. "Directional sign" means a sign located adjacent to a driveway or mounted on a building designed to guide or direct pedestrian or vehicular traffic to uses on the same site. "Director" means the City ofChula Vista Director of Planning and Building or such director's designee. "Directory sign" means a sign listing the name and location of the tenants, departments or establishments ofa building or shopping complex. "Electronic message board sign" means a sign with a fixed or changing display composed of a series of - 7 - lights, light emitting diodes (LED) or liquid crystal display (LCD) or functionally similar devices. "Establishment" means a legal, nonresidential use of land to conduct a commercial or noncommercial activity. By way of example and not limitation, "establishment" includes stores, offices, churches, hospitals, manufacturing facilities, etc. Does not include home based occupations or hobbies. "Erect" (verb) means to build, construct, attach, hang, place, suspend or affix to or upon any surface. "Expired sign" means a sign whose message refers to an event or a particular date, and such date or event is more than ten days in the past. "Flag" means a piece of c10th or bunting varying in size, color and design, used as a symbol, standard, signal or emblem. "Flashing sign" means any sign that is designed and constructed to call attention, or to give its message, through a sequence of changes in color or intensity of illumination. "Freestanding sign" means a sign, including a billboard or pole sign, which is self-supporting in a fixed location and not attached to a building. "Frontage" shall be considered that side of a lot or property fronting on a public right-of-way or other circulation area open to the general public such as a dedicated street, exclusive of alleys. "General advertising" means the business ofrenting or otherwise providing display space to commercial advertisers located other than the place where the advertising will be displayed. "Governmental signs" means those signs by which a governmental entity provides notice to the public. Such signs typically indicate traffic rules, directions and distances, and notices of public hearings, etc. "Ground or monument sign" means a low-profile freestanding sign erected with its base on the ground. "Hand held sign" means a sign that is held by or otherwise mounted on a person or animal. "Identification sign" means a sign which serves to identify the name, address and lawful use of the premises upon which the sign is located. Includes signs indicating the name ofresidents on residential uses. "Illegal sign" means: (a) any sign originally erected or installed without first complying with all structural, locationa1, design, building, and electrical regulations in effect at the time of its construction or installation; (b) any sign that is not maintained, or is not used to identify or advertise an ongoing estabJishment, occupancy, product, good or service avai1able on the site of the sign for more than ninety (90) days; (c) any unsafe sign; (d) any legal nonconforming sign that has not been removed following the expiration of the IS-year amortization period provided for in this Chapter; and (e) any sign that is in violation ofthe provisions of this Chapter. - 8- "Informational sign" means any sign displayed on private property, the purpose of which is to state a fact or attribute of that property which is of interest to the general public, such as the location of the restroom, the hours of operation, a security protection notice and similar facts, and which sign does not exceed an area of two (2) square feet. "Legal nonconforming sign" means a sign that was originally erected or installed in compliance with all structural, locational, design, building, and electrical regulations at the time of its erection or installation, but which does not conform to the provisions of this Chapter. "Land owner's consent" means the consent or permission of the owner ofland for the display of a sign thereon. For purposes of this definition, land owner means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property. In the case of personal property to which a sign is attached, the land owner's consent means the permission of the owner of such personal property. "Legally required signs" means those signs which are required to be placed or displayed, by a body of law other than this Chapter. By way of example only, such signs typically include notices of eviction or condemnation, notice of change of ownership, etc. "Logo" means a trademark or symbol identifying the establishment, commercial or industrial service provided on the site. Logos shall be considered signs for the purposes ofthis Chapter. "Marquee sign" means any permanent architectural canopy projecting over the entrance to an establishment, and any signage or message display thereon. "Monument or ground sign" means a low-profile freestanding sign erected with its base on the ground. "Multisided sign" means signs constructed back-to-back, with faces in approximately parallel planes (such as on both sides of a single panel or V shape, provided the angle between the two faces does not exceed 45 degrees), which shall count as only one sign, both as to number and area, i.e., only one side need be counted. Every other sign having multiple sides or faces, including a sign constructed in the form of a cylinder or sphere or similar figure, shall be limited in total area as provided herein. "Noncommercial speech" or "noncommercial message" or "noncommercial sign" means a sign message which is not commercial in nature. Such messages typically relate to debatable matters of public concern, such as, by way of example and not limitation, advocacy on politics, religion, arts, science, philosophy, commentary on governmental policy, etc. "Multiple establishment sign" means a sign upon which more than one establishment is displayed. "Noncommercial sign" means a sign which does not name, advertise or call attention to a commercial or industrial establishment, commodity, product, good, service or other commercial or industrial activity for a commercial or industrial purpose. "Off-site sign" means a commercial sign not located on the site of the establishment or entity indicated or advertised by the sign, or a commercial sign advertising a commodity, good, product, service or other - 9 - commercial or industrial activity which originates on a site other than where the sign is maintained. The onsite I offsite distinction applies only to commercial message signs. "On-site sign" means any commercial sign which directs attention to a commercial or industrial occupancy, establishment, commodity, good, product, service or other commercial or industrial activity conducted, sold or offered upon the site where the sign is maintained. The onsite / offsite distinction applies only to commercial message signs. For purposes ofthis Chapter, all signs with noncommercial speech messages shall be deemed to be "on-site," regardless of location. "Permanent sign" means any sign which is intended to be and is so constructed as to be of lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear and tear) and position and in a permanent manner affixed to the ground, wall or building. "Principal identification sign" means an estabJishment sign used to identify only the name of the establishment and the principal product or service. "Principal use" in the context of this Chapter means that a sign is a principal, as opposed to an accessory, use on the parcel or lot where it is located, or proposed to be located. "Pole sign" means a sign which is supported by one or more columns, uprights or braces in or upon the ground. "Portable sign" means any sign not permanently attached to the ground or another permanent structure, or a sign capable of being transported, including, but not limited to, signs designed to be transported by means of wheels, signs converted to A or T -frames, menu and sandwich board signs. "Professional sign" means a sign indicating the name or names and occupation or occupations of a professional person or group of associated professional persons occupying the premises. "Projecting sign" means a sign that is mounted on and at an angle to the face of the wall of the building to which it is attached. "Real estate sign" means a sign indicating that real property is available for sale, exchange, rent or lease. Such signs typically state that real property, or any interest therein, is for sale or exchange, or for lease or rent for a period longer than one week, and the names and contact information for persons involved in such economic transaction. "Rear wall sign" means a wall sign placed on a building wall that is parallel to the front wall of a building, but located on the opposite, furthest end of the building. "Roof line" means the upper edge of any building wall or parapet, or ridge line. If a building has both a parapet and a ridge line, the lower of the two will be considered the "roofline". "Roof sign" is a sign upon, on or above the roofline of a roof or parapet of any building or structure. "Safety codes" means those codes which have been duly adopted by the City, and which are currently in - 10- effect, which regulate matters of safe development and construction, such as, by way of example and not limitation, grading, mechanical, building, electrical and plumbing codes. "Sensitive zones" means agricultural, residential estate, R-l, R-2, R-3 and MHP zones. "Search Lights" means focused light producers designed to project a moving beam of light into the night sky for the purpose of attracting attention to an event or location. Search Lights are considered signs. "Side wall sign" means a wall sign placed on a building wall that is generally perpendicular to the front wall of a building. "Sign" is any device, fixture, placard or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which is to be viewed from any public street, road, highway, right-of-way or parking area. However, the following are not within the definition of a "sign" forregulatory purposes of this Chapter: 1. Public property and public use property: Signs placed on land or other property owned by the City, or in which the City holds the present right of possession or control, or land which the City holds in trust, as well as all public rights of way. : '" 2. Architectural features: Decorative or architectural features of buildings (not including lettering, trademarks or moving parts); 3. Symbols embedded in architecture: Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are pernlanently integrated into the structure of a permanent building which is otherwise legal; 4. Personal appearance: Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, costumes (but not including commercial mascots); 5. Manufacturers' marks: Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale; 6. Fireworks, etc.: the legal use of fireworks, candles and artificial lighting not otherwise regulated by this Chapter; 7. Certain insignia on vehicles and vessels: On street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, noncommercial messages, 8. Grave stones or grave markers. 9. Newsracks and newsstands. "Site" means the location of a sign. In the case of legal parcels containing only one legal use, that parcel is the site. For parcels containing more than one legal use, the site is the portion of the parcel on which each use is located. "Street address sign" means a wall sign placed on the side of the building paral1el to the front property line or main entrance, or parallel to the public right-of-way solely for the purpose of providing the street address for the site. - 11 - "Temporary sign" is any sign constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without frames, intended to be displayed for a limited period oftime not to exceed sixty (60) days. "Unsafe sign" means a sign posing an immediate peril or reasonably foreseeable threat ofinjury or damage to persons or property on account of the condition of the physical structure of the sign or its mounting mechanism. "Wall sign" is a sign, including a painted sign, attached to, painted on, or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of such wall. "Window sign" means a sign that is painted on either the outside or inside surface of the glazed area (including glazed doors), and any sign that is posted or affixed to the inside surface of the glazed area, or is located in such a manner as to be visible through the glazed area. 19.60.100 Sign area, The area of a sign is calculated as follows: A. Background panel signs. Sign copy which is mounted, affixed, or painted on a background panel or area distinctively painted, textured or constructed as a background for the sign copy, is measured as that area contained within the sum of the smallest rectangles, squares, triangles, parallelogram, circles or ellipses that will enclose both the sign copy and the background. B. Background surface signs. The area of a sign consisting of copy mounted as individual letters or graphics against a wall, fascia, mansard, or parapet of a building surface or another surface, that has not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy, is measured as the sum of the smallest rectangles, squares, triangles, parallelograms, circles or ellipses that will enclose each word, graphic or discrete visual element in the total sign. C. Illuminated background signs. The area of a sign with copy mounted, affixed, or painted on an illuminated surface or illuminated element or a building or structure, is measured as the entire illuminated surface or illuminated element which contains sign copy. Such elements may include, but are not limited to lit canopy fascia signs, spanner board signs, and / or interior lit awmngs. D. Two faced signs. If a sign has two display faces, and the interior angle between the two faces is forty-five degrees or less, then the sign area is one sign face only; however, if the two faces are of different sizes or shapes, then the larger is used. If the sign has two display faces, and the interior angle between the two faces is greater than forty-five degrees, then the sign area is the sum of the areas of the two faces. E. Multi-faced signs. Ifa sign has three or more faces, then the sign area is the 50% of the aggregate area of all sign faces. The area of each face shall be determined according to subsection A. or B. above, as applicable. - 12 - F. Statuary and Non-planar signs. The area of a spherical, free form, sculptural or other non-planar sign is fifty percent of the sum of the areas, using only the four vertical sides of the smallest four- sided polyhedron which will comp1etely enclose the entire sign structure. 19.60,110 Sign height. Sign height is the vertica1 distance from the average grade of the ground immediately below the uppermost point of a sign, as measured to points five feet in all directions from said point, to the topmost portion of the sign. The base or structure erected to support or adorn a monument, pole or other freestanding sign is measured as part of the sign height. 19.60.120 Sign illumination, A. Residential signs. Signs on residential uses in any zone may not be separately or specially illuminated, unless otherwise specified. B. General rule for all non-residential uses. Other than signs on residential uses, all other signs may be non-illuminated, or illuminated by internal, internal indirect (halo) illumination, or lit by external indirect illumination, unless otherwise specified. Signs may not be illuminated in a manner which leaves the illumination device exposed to public view except with the use of neon tubing as provided in subsection E. below. C. Internal illumination. Outdoor, internally illuminated signs, including but not limited to awning / canopy signs, cabinet signs (whether freestanding or building mounted), changeable copy panels or service island signs, shall be constructed with an opaque background and translucent letters or other graphical elements, or with a colored background and lighter letters or graphics. D. External indirect illumination. Externally lit signs are permitted to be illuminated only with steady, stationary, down directed and shielded light sources directed solely onto the sign. Light bulbs or tubes (excluding neon), used for illuminating a sign, shall not be visible from the adjacent public rights of way or residential properties. E. Neon. I. Exposed neon. Exposed neon tube illumination is not permitted in residential zones, or on residential uses in any zone. It is allowed in all other places, unless otherwise specified. 2. Neon borders. Neon illumination used as a sign copy projection, border, frame or other cmbellishment of sign copy shall not be included in the total size or area of the sign, provided the measured area of any such projection or detailed embellishment does not exceed twelve square feet in area, or twenty-five percent of the sign display face area, whichever is greater. If neon embellishments exceed these limits, then the embellishments shall be included and counted as part of the permitted sign area for the use. - 13 - 19.60.200 Support requirements. The supporting members of all signs shall be free of any external bracing such as guy wires or cables. All supporting columns shall be designed as an integral or architectural feature of the building. 19.60.210 Materials. Paper or cardboard signs and cloth or plastic fabric banners may only be used in conjunction with a special event or temporary outside sale and display as provided in Chapter 19.58 ("Uses"); however, paper or cardboard signs may be used for indoor window and windshield signs, when such are allowed. 19.60,220 Construction standards. All signs shall be installed and constructed in a professional and workmanlike manner and shall be maintained in good and safe structural condition and good physical appearance. All exposed structural components shall be painted, coated or made of rust inhibitive material. 19.60.300 Prohibited signs. Unless otherwise provided, the following sign types are prohibited throughout the City. A. Flashing. Signs which use intermittent illumination, intermittent ret1ection (whether from the sun or an artificial source) t1ashing images, scintillation or lights of varying intensity, including electronic message board signs, but not including barber poles; B. Moving. Signs which have any visible portion in motion, either constantly or at intervals, which motion may be caused by either artificial or natural sources; C. Air activated. Signs which are activated by wind or moving air, including but not limited to whirligigs; D. Lighter than air. Tethered blimps, tethered dirigibles, and tethered balloons used to display commercial messages or general advertising; however, certain balloons may be allowable in conjunction with special events, as regulated by CVMC ~ 19.58.370 and ~ 19.58.380; E. Visibility blocking. No sign shall be erected at the intersection of any streets in such a manner as to create a traffic hazard by obstructing vision; or at any location where the sign may interfere with, obstruct the view of, or be confused with any authorized traffic sign. 19.60.400 Sensitive zones - basic sign age allowance. In agricultural, residential estates, R-l, R-2, R-3 and MHP zones ("sensitive zones"), the signage described in this section is allowed, subject to permit requirements. Additional signage may be allowed, as described in the separate regulations for each particular zone, or particular uses therein. - 14- A. Basic signage allowance. For each legal parcel in any of the sensitive zones, either one wall sign or one free standing sign is allowed. The area shall not exceed one and one half square feet. For a freestanding sign the height shall not exceed six feet, and the sign shall be set back from the property line or curbline (whichever is closer to the interior of the parcel) by a minimum of ten feet. In the residential estates, R-l and R-2 zones, such signs shall not display commercial messages. B. Public and quasi-public uses within sensitive zones. In addition to the basic signage allowance, parcels on which are located legally operating public and quasi public uses, including but not limited to religious uses (churches, chapels, synagogues, mosques, etc.), emergency services (fire, police, hospital, etc.) and educational uses (schools, day care centers, etc.) the following signage is allowed: I. One permanent wall sign, the area of which shall not exceed 30 square feet. The walJ sign may be illuminated. 2. One changeable copy sign, the area of which shall not exceed 50 square feet and 12 feet in height. If such sign is free standing, then it shall be set back at least ten feet from alJ streets. C. Public and quasi-public special event signs. Any public or quasi-public establishment in a sensitive zone may display temporary promotional signs in conjunction with a special event. Said signs may consist of A and I frame signs and signs on paper, cardboard, plastic or fabric. 19,600410 1. The signs shalJ: a. Be located on the premises of the establishment having the special event; b. Not create a traffic hazard because of the distractive character to motorists of any sign or the cumulative effect of all the signs on the lot; c. Not unreasonably obscure existing signs or adjacent properties; d. Not interfere with internal circulation or eliminate required parking. Only one freestanding sign shall be allowed on each street frontage. The freestanding sign shall not be more than eight feet in height or contain more than forty square feet of sign area. Not more than six permits alJowing special event signage shalJ be issued to an establishment in anyone calendar year. The maximum time limit for displaying special event signs for anyone special event shall not exceed 14 consecutive days. Pennants may be used only for safety and precautionary purposes. The applicant shall submit a statement describing the commencement and ending date of the special event. The applicant shall also submit a site plan indicating the location and area of signs. Each permit shall also be accompanied by the required filing fee(s). 2. 3. 4. 5. 6. R-3 zones, In addition to the basic signage allowance in sensitive zones, the following rules apply to signs in the R- 3 zone: - 15- A. Wall sign. One wall sign for each street frontage, a maximum of 15 square feet of sign area for buildings with a width of 30 feet or less. Buildings over 30 feet in width shall be allowed an additional one square foot for each foot over 30 feet to a maximum of 30 square feet. In cases of more than one building on the property, the area of the sign shall be based on the lineal frontage of the building on which it is placed. Only the name and address may be placed on the building; B. Freestanding sign. One freestanding sign may be used in lieu of one wall sign. Through lots will be allowed an additional freestanding sign if the frontage is used for access. Commercial messages on the sign may consist only of the name and address of the manager, except the vacancy status and location of the manager's office may be placed on the sign, if designed as part of the sign. Maximum height, five feet. Maximum sign area, 12 square feet, except an additional two square feet may be added for the vacancy status; C. Manager's sign. A sign designating the location of the manager's office may be placed on or near the main entrance to the units. Maximum size: one and one half square feet. Such sign may be attached to the dwelling or incorporated in the design of the freestanding sign. Maximum square footage of the freestanding sign shall not be increased to accommodate said sign; D. Vacancy sign. A separate freestanding vacancy sign, a maximum of three and one-half feet in height and two square feet in area, may be used if no other freestanding sign exists on the property; otherwise, it shall be placed on the building; E. Screening wall sign. One sign may be placed on a structure used for screening of parking in lieu of a wall or freestanding sign. Only the name and address may be placed on the structure. Maximum area, 15 square feet. 19.60.430 MHP zones. In addition to the basic signage allowance in sensitive zones, the following rules apply to signs in the MHP zone: A. Wall or Freestanding sign. One wall sign or single- or double-faced freestanding sign, designating the use of the premises, facing or adjacent to each street abutting the property. The height of a freestanding sign shall not exceed eight feet. The total face area of all wall and freestanding signs, excluding directional signs, shall not exceed one-tenth square foot for each linear foot of street frontage, and no sign shall exceed a maximum area of 32 square feet. B. Directional sign. One directional sign, not to exceed 10 square feet in area, may be placed at each entrance or exit driveway. No such sign shall exceed a height of eight feet measured vertically from the base at ground level to the apex of the sign. Directional signs may be lighted. - 16- 19.60.450 P-C zones. The Planning Conmlission and City Council may establish sign standards and provisions for a P-C (planned community) zone concurrently with the approval of a general development plan or sectional planning area. However, such standards must comply with and incorporate all of the Standard Provisions of this Chapter, CVMC ~ 19.60.050. 19.60.500 Sign rules - all commercial zones. A. Window signs. When allowed, window signs may cover a maximum of twenty percent of the window area in all commercial and industrial zones. Other than painted window signs, no sign shall be pennitted to be located on the outside surface of the glazed area. B. Canopy signs (soffits). One onsite canopy sign or soffit is permitted for each establishment in a commercial zone. Minimum clearance for signs attached under the marquee is seven feet. The maximum size of a canopy sign is one foot wide by five feet long. The sign may not project beyond marquee. Larger canopy signs facing a dedicated street or interior parking area may be used in lieu of wall signs, provided the signs do not exceed the maximum area permitted in the underlying zone for wall signs. C. Temporary promotional signs. Temporary promotional signs in conjunction with "special events" as defined and regulated by CVMC ~ 19.58.370 and ~ 19.58.3~ _ 0 are allowed for any non-residential use in a commercial zone. Commercial messages on such signs will pertain to grand openings, change of business address, change of ownership or lessee, business anniversaries and similar promotional events. Said signs may consist of A and I frame signs and signs on paper, cardboard, plastic or fabric. The signs shall be located on the premises of the business having the special event. The number and location of the signs shall not create a traffic hazard because of the distractive character to motorists of any sign or the cumulative effect of all the signs on the lot, nor shall any sign unreasonably obscure existing signs or adjacent properties. Only one freestanding sign shall be allowed on each street frontage; such sign shall not be more than eight feet in height or contain more than forty square feet of sign area. Pennants may be used only for safety and precautionary purposes. Price signs may be used but shall not exceed 12 by 16 inches. Excluding price signs, the total area of all promotional signage shall not exceed two square feet oflineal street frontage of the sales area. D. Other signs. The following signs are allowed in all commercial zones: Window; temporary promotional, public and quasi-public; directional; warning; instructional; directory; real estate; signs allowed pursuant to the unclassified use approval process; signs on mansard roofs; signs on pitched roofs; and signs on architectural appendages. Service station price signs are allowed anywhere that motor fuels may be legally sold or dispensed to the public. Drivc-in theater marquees may be allowed only when onsite to a legal use of drive in theater. Theater marquees are allowed only onsite to legally use as a theater. 19.60.5] 0 Commercial- Administrative and Professional Office (C-O) zone. The following signs are allowed in CoO zones: - 17- A. Wall and/or marquee: Each establishment shall be allowed a combined sign area of20 square feet for each portion of the building facing a dedicated street or alley. Establishments facing a major or collector street shall be allowed an additional one square foot for each two feet of lineal building frontage over 20 feet facing said street, but shall not exceed a total of 50 square feet. Each establishment shall also be allowed signs facing on-site parking areas for five or more cars and walkways, a minimum of 10 feet in width. The signs shall be allowed one-half square foot per lineal foot of building facing said area; maximum area, 20 square feet per establishment; B. Freestanding (pole): Each lot shall be allowed a freestanding sign with a maximum sign area of three square feet; however, if more than one establishment is located on the lot or is located in a building designed for occupancy by more than one establishment, the area of the sign may be increased an additional three square feet for each establishment displayed on the sign to a maximwll area of 12 square feet alld four tenant establishment signs. The sign shall not exceed eight feet in height. An establishment or business complex located on a major or collector street shall be allowed a freestanding pole sign subject to the following: 1. Maximum height, 16 feet; 2. Maximum sign area, 32 square feet; 3. Minimum ground clearance, eight feet; 4. The sign shall not be permitted to project into the public right-of-way; 5. The sign shall maintain a 10- foot setback from all interior property lines; 6. Only one establishment or the name ofthe commercial complex may be displayed on the sign. C. Ground (monument): A low-profile ground sign may be used in place of a freestanding pole sign. The sign shall be subject to the following: 1. Maximum height, four feet. Establishments located on major or collector streets, six feet; 2. Maximum sign area, 12 square feet. Establishments located on major or collector streets, 25 square feet; 3. The sign shall maintain a five-foot setback from all streets and 10 feet from all interior property lines; 4. The sign structure shall be designed to be architecturally compatible with the main building and constructed with the same or similar materials. D. Projecting: A projecting sign may be used in lieu of a freestanding (pole or ground) sign subject to the following: 1. The maximum projection from the face of the building shall be based on the clearance of the sign from the bottom of the sign to the ground as shown in the following table: Ground Maximum Maximum Diagonal Clearance Projection Projection (corner lot) - 18- I 8' or less 1'0 II 1'0 I I 9' 1'6 II 1'8 I I 10' 2'0 II 2'4 I I 11 ' 2'6 3'0 I 12' 3'0 3'8 I 13' 3'6 II 4'4 I I 14' 4'0 II 5'0 I 2. Projecting signs less than eight feet from the ground shall not project closer than three feet to any area used for vehicular circulation and six inches to any area used for pedestrian circulation; 3. The sign shall not project above the roof, parapet or first story; 4. The maximum sign area for double-faced signs shall be 12 square feet and 24 square feet for spheres, cylinders, and multisided signs, not including the top and bottom of the sign when no copy is applied to those surfaces. E. Signs on Screening Walls or Fences: Signs denoting the names of the occupants, principal establishment, or name of the commercial complex may be applied to a wall or fence used as screening of parking areas in lieu of a freestanding or projecting sign. Maximum sign area shall be three square feet; except, an establishment or complex located on a major or collector street shall be allowed an area of25 square feet. F. The design review committee may reduce sign areas and height below those authorized above based on the sign guidelines and criteria contained in the design manual, without consideration of the graphic design of the copy or message displayed on the sign. 19.60.520 Central Business (C-B) zone, The following signs are allowed in C-B zones: A. Wall and/or marquee: Each establishment shall be allowed a combined sign area of one square foot per lineal foot of building frontage facing a dedicated street or alley; however, the sign area may be increased to a maximum of three square feet per lineal foot of building frontage; provided, the sign does not exceed 50 percent of the background area on which the sign is applied, mounted or displayed. Each establishment shall also be allowed signs facing on-site parking areas for five cars or more and walkways 10 feet or more in width. Such signs may contain an area of one square foot per lineal foot of building frontage facing said area; however, the area may be increased to two square feet per lineal foot of building frontage; provided, the sign does not exceed 50 percent of the background area on which the sign is applied, mounted or displayed; - 19 - B. Ground (monument): Each lot or commercial complex shall be allowed a low-profile ground sign, subject to the following: 1. Signs are restricted to those lots having a minimum frontage of 100 feet on a dedicated street. In the case of corner lots, only one frontage shall be counted; 2. Maximum height, six feet; 3. Maximum sign area, 25 square feet; 4. The sign shall maintain a five-foot setback from all streets and 10 feet from all interior property lines; 5. The sign structure shall be designed to be architecturally compatible with the main building and constructed with the same or similar materials. C. Projecting: Each establishment shall be allowed a projecting sign subject to the following: 1. The maximum projection from the face ofthe building shall be based on the clearance of the sign from the bottom of the sign to the ground as shown in the following table: Ground Maximum Maximum 450 Diagonal Clearance Projection Projection (corner lot) u' or less 1'0 1'0 I 9' I 1'6 1'8 I 10' I 2'0 2'4 I 11 ' I 2'6 3'0 I 12' II 3'0 I 3'8 13' I 3'6 I 4'4 14' or more I 4'0 I 4'0 2. Projecting signs less than eight feet from the ground shall not project closer than three feet to any area used for vehicular circulation and six inches to any area used for pedestrian circulation; 3. The sign shall not project above the roof, parapet or first story; 4. The maximum sign area for double-faced signs shall be 12 square feet and 24 square feet for spheres, cylinders, and multisided signs, not including the top and bottom of the sign when no copy is appJied to those surfaces. D. Signs on Screening Walls or Fences. In lieu of a ground sign or projecting sign, a sign may be applied to a wall or fence used for screening of parking areas. The sign shall be subject to the following: 1. The sign may only denote the name of the principal establishment or the name of the commercial complex; 2. Maximum sign area: 25 square feet. - 20- E. The design review committee may reduce sign areas and heights below those authorized above based on the sign guidelines and criteria contained in the design manual, without consideration of the graphic design of the copy or message displayed on the sign. 19.60.530 Neighborhood Commercial (C-N) zone. The following signs are allowed in CoN zones: A. Wall and/or marquee: Each establishment shall be allowed a combined sign area of one square foot per lineal foot of building frontage facing a dedicated street or alley; however, the sign may be increased to a maximum of one and one-half square feet per lineal foot of building frontage; provided, the sign does not exceed 50 percent of the background area on which the sign is applied, mounted or displayed. Each establishment shall be allowed signs facing on-site parking areas for five cars or more and walkways 10 feet in width. Such signs may contain a sign area of one-half square foot per lineal foot of building frontage. The maximum sign area shall not exceed 20 square feet per establishment. B. Freestanding (pole): A freestanding pole sign shall be subject to the following: I. Each neighborhood shopping center or shopping complex consisting of one parcel or contiguous parcels shall be allowed one freestanding pole sign (in existing developed shopping centers a freestanding service station sign shall be allowed to remain and will not be included in determining the total number of signs allowed); 2. Signs are restricted to those lots having a minimum frontage of 100 feet on a dedicated street. In the case of corner lots, only one frontage shall be counted; 3. Maximum height, 25 feet; 4. Maximum sign area, 100 square feet; 5. Minimum ground clearance, eight feet; 6. The sign may project a maximum of five feet into the public right-of-way; 7. The sign shall maintain a IO-foot setback from all interior property lines; 8. Freestanding pole signs less than eight feet in height are restricted to a maximum sign area of 12 square feet and shall maintain a minimum setback of five feet from a11 streets; 9. Commercial messages on pole signs in the C-N zone may identify only the name ofthe shopping center or complex and tenants therein. C. Ground (monument): A low-profile ground sign may be used in lieu of a freestanding pole sign. The sign shall be subject to the following: 1. Maximum height, eight feet; 2. Maximum sign area, 50 square feet; 3. The sign shall maintain a minimum setback of five feet from all streets and 10 feet from all interior property lines; 4. The sign structure shall be designed to be architecturally compatible with the main building and constructed with the same or similar materials. - 21 - D. Signs on Screening Walls or Fences. In lieu of a freestanding sign, a sign may be applied to a wall or fence used for screening of parking areas. The sign shall be subject to the following: I. The sign may only denote the name of the principal establishment or the name of the commercial complex; 2. Maximum sign area, 25 square feet. E. The design review committee may reduce sign areas below those authorized above based on the sign guidelines and criteria contained in the design manual, without consideration of the graphic design ofthe copy or message displayed on the sign. 19.60.540 Central Commercial (CC) zone. The following signs are allowed in C -C zones: A. Wall and/or marquee: Each establishment shall be allowed a combined sign area of one square foot per lineal foot of building frontage facing a dedicated street or alley; however, the sign area may be increased to a maximum ofthree square feet per lineal foot of building frontage; provided, the sign does not exceed 50 percent ofthe background area on which the sign is applied, mounted or displayed. Each establishment shall also be allowed signs facing on-site parking areas for five cars or more and walkways 10 feet or more in width. Such signs may contain an area of one square foot per lineal foot of building frontage facing said area; however, the area may be increased to two square feet per lineal foot of building frontage; provided, the sign does not exceed 50 percent of the background area on which the sign is applied, mounted or displayed. The maximum sign area shall not exceed 100 square feet; B. Freestanding (pole): Each lot shall be allowed one freestanding sign subject to the following: I. Signs are restricted to those lots having a minimum frontage of 100 feet on a dedicated street. In the case of corner lots or through lots, only one frontage shall be counted; 2. The sign may contain one square foot of area for each lineal foot of street frontage but shall not exceed 150 square feet. In the case of comer lots or through lots, only the frontage the sign is oriented to shall be counted toward the allowable sign area, 3. Maximum height, 35 feet; 4. Minimum ground clearance, eight feet; 5. The sign may project a maximum of five feet into the public right-of-way; 6. The sign shall maintain a 10- foot setback from all interior property lines; 7. Corner parcels containing five acres or more shall be allowed one freestanding sign on each street frontage on a major or collector street and shall be spaced at intervals of not less than 500 feet apart. Such signs shall not face the side of any adjoining lot in an R district; 8. Commercial messages on pole signs in the C-C zone may identify only the name of the shopping center or complex and tenants therein." 9. Freestanding pole signs less than eight feet in height are restricted to a maximum sign area - 22- of I 5 square feet and shall maintain a minimum setback of five feet from all streets. C. Ground (monument): A low-profile ground sign may be used in lieu of a freestanding pole sign. The sign shall be subject to the following: I. Maximum height, eight feet; 2. Maximum sign area, 50 square feet; 3. The sign shall maintain a minimum setback of five feet from all streets and 10 feet from all interior property lines; 4. The sign structure shall be designed to be architecturally compatible with the main building and constructed with the same or similar materials. D. Signs on Screening Walls or Fences. In lieu of a freestanding sign, a sign may be applied to a wall or fence used for screening of parking areas. The sign shall be subject to the following: 1. The sign may only denote the name of the principal business or the name of the commercial complex; 2. Maximum sign area, 25 square feet. E. The design review committee may reduce sign areas below those authorized above based on the sign guidelines and criteria contained in the design manual, without consideration of the graphic design of the copy or message displayed on the sign. 19.60.550 Visitor Commercial (C-V) zone. The following signs are allowed in C-V zones: A. Wall and/or marquee: Each establishment shall be allowed a combined sign area of one square foot per lineal foot of building frontage facing a dedicated street or alley; however, the sign area may be increased to a maximunl of three square feet per lineal foot of building frontage; provided, the sign does not exceed 50 percent of the background area on which the sign is applied. Each establishment shall also be allowed signs facing on-site parking areas for five cars or more and walkways 10 feet or more in width. Such signs may contain an area of one square foot per lineal foot of building frontage facing said area; however, the area may be increased to two square feet per lineal foot of building frontage; provided, the sign does not exceed 50 percent of the background area on which the sign is applied, mounted or displayed. The maximum sign area shaH not exceed 100 square feet; B. Freestanding (pole): Each lot shall be allowed one freestanding sign subject to the following: 1. Signs are restricted to those lots having a minimum frontage of 100 feet on a dedicated street. In the case of comer 10ts or through lots, only one frontage shall be counted; 2. The sign may contain one square foot of area for each lineal foot of street frontage but shall not exceed 150 square feet. In the case of comer lots or through lots, only the frontage the sign is oriented to shall be counted toward the allowable sign area; - 23 - 3. Maximum height, 35 feet; 4. Minimum ground clearance, eight feet; 5. The sign may project a maximum of five feet into the public right-of-way; 6. The sign shall maintain a I O-foot setback from all interior property lines; 7. Corner parcels containing five acres or more shall be allowed one freestanding sign on each street frontage on a major or collector street and shall be spaced at intervals of not less than 500 feet apart. Such signs shall not face the side of any adjoining Jot in an R district; 8. Commercial messages on pole signs in the C-V zone may identify only the name of the shopping center or complex and tenants therein. 9. Freestanding pole signs less than eight feet in height are restricted to a maximum sign area of 15 square feet and shall maintain a minimum setback of five feet from all streets; C. Ground (monument): A low profiJe ground sign may be used in lieu of a rreestanding pole sign. The sign shall be subject to the following: 1. Maximum height, eight feet; 2. Maximum sign area, 50 square feet; 3. The sign shall maintain a minimum setback of five feet from all streets and 10 feet from all interior property lines; 4. The sign structure shall be designed to be architecturally compatible with the main building and constructed with the same or similar materials. D. Signs on Screening Walls or Fences. In lieu of a freestanding sign, a sign may be applied to a wall or fence used for screening of parking areas. The sign shall be subject to the following: 1. The sign may only denote the name of the principal establishment or the name of the commercial complex; 2. Maximum sign area, 25 square feet. E. The design review committee may reduce sign areas below those authorized above based on the sign guidelines and criteria contained in the design manuaJ, without consideration of the graphic design of the copy or message displayed on the sign. 19.60.560. Commercial Thoroughfare (C-T) zone. The following signs are allowed in C-T zones: A. Wall and/or marquee: Each establishment shall be allowed a combined sign area of one square foot per lineal foot of building frontage facing a dedicated street or alley; however, the sign area may be increased to a maximum ofthree square feet per lineal foot of building frontage; provided, the sign does not exceed 50 percent of the background area on which the sign is appJied, mounted or displayed. Each establishment shall also be allowed signs facing on-site parking areas for five cars or more and walkways 10 feet or more in width. Such signs may contain an area of one square foot per lineal foot of building frontage facing said area; however, the area may be increased to two square - 24- feet per lineal foot of building frontage; provided, the sign does not exceed 50 percent of the background area on which the sign is applied, mounted or displayed. The maximum sign area shall not exceed 100 square feet; B. Freestanding (pole): Each lot shall be allowed one freestanding sign subject to the following: 1. Signs are restricted to those lots having a minimum frontage of 50 feet on a dedicated street. In the case of corner lots, only one frontage shall be counted; 2. The sign may contain one square foot of area for each lineal foot of street frontage, but shall not exceed 150 square feet. In the case of comer lots or through lots, only the frontage the sign is oriented to shall be counted toward the allowable sign area; 3. Maximum height, 35 feet; 4. Minimum ground clearance, eight feet; 5. The sign may project a maximum of five feet into the public right-of-way; 6. The sign shall maintain a 10-foot setback from all interior property lines; 7. Corner parcels containing five acres or more shall be a110wed one freestanding sign on each street frontage on a major or collector street and shall be spaced at intervals of not less than 500 feet apart. Such signs shall not face the side of any adjoining lot in the R district; 8. Commercial messages on pole signs in the C-T zone may identify only the name of the shopping center or complex and tenants therein. 9. Freestanding pole signs less than eight feet in height are restricted to a miLximum sign area of 15 square feet and shall maintain a minimum setback of five feet from all streets. C. Ground (monument): A low-profile ground sign may be used in lieu of a freestanding pole sign. The sign shall be subject to the following: I. Maximum height, eight feet; 2. Maximum sign area, 50 square feet; 3. The sign shall maintain a minimum setback of five feet from all streets and 10 feet from all interior property lines; 4. The sign structure shall be designed to be architecturally compatible with the main building and constructed with the same or similar materials. D. Projecting: A projecting sign may be used in place of a freestanding (pole or ground) sign subject to the following: I. The maximum projection from the face of the building shall be based on the clearance of the sign rrom the bottom of the sign to the ground as shown in the following table: Ground Maximum Maximum Diagonal (450) Clearance Projection Projection (corner lot) I 8' or less I 1'0 1'0 I 9' I 1'6 1'8 10' 2'0 2'4 - 25- I 11 ' 2'6 II 3'0 I I 12' 3'0 3'8 I I 13' 3'6 4'4 I 14' 4'0 5'0 I 15' 4'6 5'8 I 16' or more 5'0 6'4 I 2. Projecting signs less than eight feet from the ground shall not project closer than three feet to any area used for vehicular circulation and six inches to any area used for pedestrian circulation; 3. The sign shall not project above the roof, parapet, or first story; 4. The maximum sign area shall be 60 square feet for spheres, cylinders and multisided signs, not including the top and bottom of the sign where no copy is applied to those surfaces. E. Rooftop: Each lot shall be allowed a rooftop sign in lieu of a freestanding or projecting sign in accordance with the following: I. Such signs are restricted to those establishments having a minimum street frontage of 100 feet on a dedicated street and a minimum building frontage of 50 feet. In the case of corner lots, only one frontage shall be counted; 2. The height ofthe rooftop sign above the building on which it is located shall not exceed the height of the building measured from the ground level to the top of a parapet wall, a ridge line or the highest point ofthe roof. But in no case shall the height exceed 35 feet above the ground level; 3. The maximum area of the sign shall not exceed 50 square feet for buildings having 50 feet of frontage. Buildings with frontages of more than 50 feet may increase the area of the sign two square feet per lineal foot over 50 feet but shall not exceed 150 square feet. Building Frontage Sign Area (Sq, Ft) 50' 50 55' 60 60' 70 65' 80 70' 90 75' 100 80' 110 85' 120 90' 130 95' 140 100' and over 150 - 26- 4. The sign shall be placed perpendicular to the street it is oriented to and shall maintain a minimum setback of 10 feet from the sides of the building, 5. The sign shall not be permitted to project beyond the building face. F. Signs on Screening Walls or Fences: In lieu of a freestanding sign, a sign may be applied to a wall or fence used for screening of a parking area. The sign shall be subject to the following: 1. The sign may only denote the name of the principal establishment or the name of the commercial complex, 2. Maximum sign area, 25 square feet. G. The design review committee may reduce sign areas below those authorized above based on the sign guidelines and criteria contained in the design manual, without consideration of the graphic design of the copy or message displayed on the sign. 10.60,570, Industrial Research (I-R) zone, The following signs are allowed in I-R zones: A. Wall and/or marquee: Each establishment shall be allowed a combined sign area of one square foot for each lineal foot of building frontage facing a dedicated street or alley, to a maximum of 100 square feet. Each establishment shall also be allowed signs facing on-site parking areas for five cars or more and walkways 10 feet or more in width. They shall be allowed a sign area of one square foot per lineal foot of building frontage facing said area, to a maximum of 50 square feet. B. Freestanding (pole): Each lot shall be allowed one freestanding pole sign subject to the following: I. Signs are restricted to those lots having a minimum frontage of 75 feet on a dedicated street. In the case of corner lots, only one frontage shall be counted; 2. Maximum sign area, 75 square feet; 3. Maximum height, 20 feet; 4. Minimum ground clearance, eight feet; 5. The sign shall not be permitted to project into the public right-of-way; 6. The sign shall maintain a 10- foot setback from all interior property lines; 7. Freestanding pole signs less than eight feet in height are restricted to a maximum sign area of 12 square feet and shall maintain a five-foot setback from all streets; 8. Commercial messages on pole signs in the I-R zone may identify only the name ofthe complex and tenants therein. C. Ground (monument): A low-profile ground sign may be used in lieu of a freestanding pole sign. The sign shall be subject to the following: I. Maximum height, eight feet; - 27- 2. Maximum sign area, 50 square feet; 3. The sign shall maintain a minimum setback of five feet from all streets and 10 feet from all interior property lines, 4. The sign structure shall be designed to be architectura1ly compatible with the main building and constructed with the same or similar materials. D. Signs on Screening Walls or Fences: In lieu of a freestanding sign, a sign may be applied to a wall or fence used for screening of parking areas. The sign sha1l be subject to the following: I. The sign may only denote the name of the principal establishment or the name of the commercial complex; 2. Maximum sign area, 25 square feet. E. The design review committee may reduce sign areas below those authorized above based on the sign guidelines and criteria contained in the design manual, without consideration of the graphic design ofthe copy or message displayed on the sign. 19.60.580 Limited Industrial (I-L) zone. The following signs are allowed in I-L zones. A. Wall and/or marquee: Each establishment sha1l be allowed a combined sign area of one square foot per lineal foot of building frontage facing a dedicated street or alley; however, the sign area may be increased to a maximum of three square feet per lineal foot of building frontage; provided, that the sign does not exceed 50 percent ofthe background area on which the sign is applied, mounted or displayed. Each establishment shall also be allowed signs facing on-site parking areas for five cars or more and walkways 10 feet or more in width. Such signs shall be allowed an area of one square foot per lineal foot of building frontage facing said area; however, the area may be increased to two square feet per lineal foot of building frontage; provided, that the sign does not exceed 50 percent of the background area on which the sign is applied, mounted or displayed. The maximum sign area shall not exceed 100 square feet. B. Freestanding (pole): Each lot shall be allowed one freestanding sign subject to the following: 1 . Signs are restricted to those lots having a minimum frontage of 100 feet on a dedicated street. In the case of corner lots, only one frontage shall be counted; 2. The sign may contain one square foot of area for each lineal foot of street frontage but shall not exceed 150 square feet. In the case of comer lots or through lots, only the frontage the sign is oriented to shall be counted toward the a1lowable sign area; 3. Maximum height, 35 feet; 4. Minimum ground clearance, eight feet; 5. The sign shall not be permitted to project into the public right-of-way; 6. The sign shall maintain a 20-foot setback from all interior property lines; 7. Freestanding pole signs less than eight feet in height are restricted to a maximum sign area - 28- of 12 square feet and shall maintain a minimum setback of five feet from all streets; 8. Commercial messages on pole signs in the I-L zone may identify only the name of the complex and tenants therein. C. Ground (monument): A low-profile ground sign may be used in lieu of a freestanding pole sign. The sign shall be subject to the following: I. Maximum height, eight feet; 2. Maximum sign area, 50 square feet; 3. The sign shall maintain a minimum setback of five feet from all streets and 10 feet from all interior property lines; 4. The sign structure shall be designed to be architecturally compatible with the main building and constructed with the same or similar materials. D. Signs on Screening Walls or Fences: In lieu of a freestanding sign, a sign may be applied to a wall or fence used for screening of parking areas. The sign shall be subject to the following: 1. The sign may only denote the name of the principal establishment or the name of the commercial complex; 2. Maximum sign area, 25 square feet. E. The design review committee may reduce sign areas below those authorized above based on the sign guidelines and criteria contained in the design manual, without consideration of the graphic design of the copy or message displayed on the sign. 10,60.590 General Industrial (I) zone, The following signs are allowed in I zones: A. Wall and/or marquee: Each establishment shall be allowed a combined sign area of one square foot per lineal foot of building frontage facing a dedicated street or alley; however, the sign area may be increased to a maximum of three square feet per linea] foot of building frontage; provided, the sign does not exceed 50 percent of the background area on which the sign is applied, mounted or displayed. Each establishment shall also be allowed signs facing on-site parking areas for five cars or more and walkways 10 feet or more in width. Such signs shall be allowed an area of one square foot per lineal foot of building frontage facing said area; however, the area may be increased to two square feet per lineal foot of building frontage; provided, the sign does not exceed 50 percent of the background area on which the sign is applied, mounted or displayed. The maximum sign area shall not exceed 100 square feet; B. Freestanding (pole): Each lot shall be allowed one freestanding sign subject to the following: 1. Signs are restricted to those lots having a minimum frontage of 100 feet on a dedicated street. In the case of comer lots, only one frontage shall be counted; - 29- 2. The sign may contain one square foot of area for each lineal foot of street frontage but shall not exceed 150 square feet. In the case of corner lots or through lots, only the frontage the sign is oriented to shall be counted toward the allowable sign area; 3. Maximum height, 35 feet; 4. Minimum ground clearance, eight feet; 5. The sign shall not be permitted to project into the public right-of-way; 6. The sign shall maintain a 20-foot setback from all interior property Jines; 7. Freestanding pole signs Jess than eight feet in height are restricted to a maximum sign area of 12 square feet and shall maintain a minimum setback of five feet from all streets; 8. Commercial messages on pole signs in the I zone may identify only the name of the complex and tenants therein. C. Ground (monument): A low-profile ground sign may be used in lieu of a freestanding pole sign. The sign shall be subject to the following: I. Maximum height, eight feet; 2. Maximum sign area, 50 square feet; 3. The sign shall maintain a minimum setback of five feet from all streets and 10 feet from all interior property lines; 4. The sign structure shall be designed to be architecturally compatible with the main building and constructed with the same or similar materials. D. The design review committee may reduce sign areas below those authorized above based on the sign guidelines and criteria contained in the design manual, without consideration of the graphic design of the copy or message displayed on the sign. 19.60.595 Other zones. Whenever sign standards or provisions have not been established for an unclassified use requiring the issuance of a conditional use permit, the Plmming Commission may establish sign standards and provisions concurrently with the request for the conditional use permit. However, such standards must comply with and incorporate an of the Standard Provisions of this Chapter. There are no general sign provisions in the public and quasi-public, t1oodway, or tidelands zones. The Planning Commission and City Council shall establish sign standards and provisions for a particular use in these zones concurrently with the approval of the use's conditional use permit. However, such standards must comply with and incorporate all of the Standard Provisions of this Chapter, CVMC 9 19.60.050. 19.60.600 Specialty signs. The signs described in this section are based on the legal use of the lmld on a particular parcel. A. Theater marquees. When allowed as an accessory to a legal use as a drive in theater, a freestanding drive-in theater marquee sign shall not exceed 250 square feet in area or 25 feet in height. The sign shall maintain a 20-foot setback from all property lines. Each theater, drive-in or non-drive-in, shall be allowed to use changeable copy signs in addition to the signs permitted in the - 30- underlying zone. The area ofthe signs shall not exceed 60 square feet facing in anyone direction, nor shall the total aggregate sign area exceed 150 square feet. B. Service station price signs. On each legally operating station selling fuels for motor vehicles, one service station price sign is allowed on each street frontage, subject to: 1. The maximum sign area shall be fifteen square feet, and the sign shall not exceed five feet in any dimension. Such sign shall not be in cont1ict with the provisions of the city's traffic code relating to visual clearance. The sign shall satisfy the requirements of California Business and Professions Code section 13531, and be posted with the correct prices at all times. The signs shall be designed as a permanent structure, rigidly attached to a building, wall, or adequately anchored in the ground to resist wind pressure as specified in Title 15 in the currently adopted uniform building code. A freestanding structure shall be architecturally compatible with the building and shall not exceed a maximum height of six feet. 2. A sign may be attached to a freestanding sign if designed to be architecturally part of the SIgn. 3. Price signs may be displayed on the main body of a pole sign but shall not exceed twenty- five percent of the main sign area or fifteen square feet, whichever is the least amount. 4. Notwithstanding the above provisions, no price signs otherwise required by the provisions of Business and Professions Code Section 13531 shall be placed along the following areas which have been designated on the city's general plan as scenic corridors or historic preservation areas: That area along East "H" Street between its intersection with Interstate 805 and its intersection with Ridgeback Road. C. Real estate signs. On any parcel or separately rentable portion thereof, sign(s) pertaining to economic transactions regarding the property (such as sale, rental, lease, exchange, etc.) is allowed, subject to the land owner's consent and: I. Maximum Sign Area. Commercial and industrial zones, 32 square feet; agricultural zones, 32 square feet for undeveloped acreage of one acre or more, otherwise 4.5 square feet; residential zones, 4.5 square feet. 2. Height, if freestanding. No freestanding sign shall exceed 10 feet in height in any commercial or industrial zone or in the agricultural zone for undeveloped acreage of one acre or more. In all other zones, the maximum height shall be limited to 4.5 feet. 3. Number of signs. Through lots shall be allowed one sign on each street. Comer lots shall be permitted one sign only. 4. Setback. Freestanding signs shall maintain a 10-foot setback from all property lines. 5. Vacancy signs. Real estate signs ret1ecting the vacancy status and availability of commercial or industrial space within a structure designed for multiple occupancy, whether through rental, sale or lease, shall be limited to a maximum sign area of 16 square feet. Not more than one sign may be used facing a dedicated street. The sign may be attached flat against the building or be part of a permitted freestanding sign if designed to be part of said sign and providing the total sign area does not exceed the area permitted for the freestanding sign. 6. Location. On the property to which the sign pertains, or on other private property with the - 31 - consent of that property owner. 7. Open House signs - special rules. Off premises temporary real estate open house signs are allowed permitted within all residential zones subject to: a. No more than five off premise open house signs shall be allowed for each residential open house which occurs. b. No more than one sign shall be allowed to be placed on any interior parcel and no more than two on a corner lot (one per street frontage). c. Off premise open house signs shall only be displayed during daylight hours. d. Signs shall be no larger than four square feet and shall be located at minimum of three feet from the sidewalk or ten feet from the curb or edge of pavement, where no sidewalk exists. e. An off premise temporary real estate open house sign shall only be permitted in conjwlction with an open house held for the resale of one single family residence. f. Off premise signs advertising the sale of more than one lot or more than two dwellings constitutes a subdivision directional sign subject to the regulations outlined in CVMC ~ 19.60.600 E.3. g. Off-premise open house signs are prohibited within the public right-of-way. D. Residential neighborhood identification signs. Permanent residential identification signs designating the name of the residential area may be located at an entrance to the residential area when homeowners' association or maintenance district is formed to insure the maintenance of the signs. The copy area of the sign shall not exceed fifteen square feet. The sign structure shall be designed to be architecturally harmonious with the residential area. This provision does not authorize the mounting of such signs on city owned property or on public rights of way. E. Tract housing. Tract housing signs shall be allowed in any zone of the City as follows: I. Model homes. For each model home, signage not exceeding 12 square feet in area, eight feet in height, and two in number is allowed. Commercial speech thereon shall relate to the model on the same parcel. All such signage shall be permanently removed within ten days of when the model home ceases to be used as a model. 2. Temporary tract signs. For each subdivision there may be one sign at each principal entrance to the subdivision; such sign may be indirectly illuminated, and any commercial message thereon shall relate only to the dwelling units or lots on the same premises as subdivision on which the sign is maintained. For subdivisions with five or more lots, the total combined area of all temporary tract signs may not exceed 200 square feet or 20 feet in height. For subdivisions with four or fewer lots, the total combined area of all temporary tract signs may not exceed 32 square feet, and no such sign may exceed eight feet in height. All such signs shall be permanently removed not later than ten calendar days after the first sale of all the homes in the subdivision. 3. Subdivision directional signage. Signs indicating a change of direction which travelers must make to reach a subdivision located within the city may be placed on private property, with the owner's consent, at each place where such change of direction is - 32- needed, within five miles of the subdivision. Individual signs may not exceed four and one half square feet in area or three and one half feet in height, and may not be illuminated. Individual signs may be single or double faced, or V shaped if the angle between the two faces does not exceed forty five degrees. Commercial messages thereon shall be limited to the name of the subdivision and directional information. The zoning administrator may require written evidence of owner's consent. Permits for all such signs shall expire not later than six months after issuance, but the zoning administrator may grant a maximum oftwo extensions of up to one year each, without re-notification or hearing. Such signs may be displayed only until the developer has completed the sale of each unit in the development. F. Signs for unclassified uses. Whenever sign standards or provisions have not been established for an unclassified use requiring the issuance of a conditional use permit, the Planning Commission may establish sign standards and provisions concurrently with the approval of the conditional use pernlit. However, such standards must comply with and incorporate all of the Standard Provisions of this Chapter, CVMC ~ 19.60.050. G. Mansard Roofs. A principal identification or multiple copy wall sign may be placed on a mansard roof subject to the following: I. The sign shall not exceed one-half the length and width of the mansard on which it is placed; 2. The area on which the sign is placed shall be designed to accommodate the sign except when cut-out letters are used. H. Pitched Roofs. A principal identification or multiple-copy wall sign may be placed on a pitched roof subject to: I. The sign shall be placed on a pitched roof that slopes toward the street the establishment is oriented to; 2. No sign may be placed on the ridge of the roof; 3. No sign may project above a line drawn from the center of the street to the ridge of the roof; 4. The sign shall set back a minimum horizontal distance ofthree feet from the front edge of the roof; 5. The length of the sign shall not exceed one-half of the length of the roof and shall be horizontally centered; 6. The area shall not exceed two square feet per lineal foot of roof on which the sign is placed; 7. The ends of the sign shall extend back to the roof to form an enclosure. I. Agricultural uses. Signs for agricultural uses are allowed in any zone, subject to the following: 1. Multiple wall signs facing a dedicated street are allowed, but the total sign area of all wall signs shall not exceed one square foot for each lineal foot of building frontage; in addition 2. One freestanding sign not exceeding eight square feet in sign area and ten feet in height - 33 - shall be allowed. J. Architectural Appendages. In lieu ofa freestanding or projecting sign which is otherwise allowed, a sign may be placed on an architectural appendage. Such sign may not exceed the area or alter the appearance of an appendage on which it is placed, and may not exceed the allowable area of the freestanding or projecting sign which it is replacing. K. Temporary noncommercial signs during certain periods. In addition to signage otherwise allowed in any zone, during the period of four calendar months preceding any scheduled election and up to and including ten calendar days following such election, temporary signs bearing non commercial messages (including but not limited to messages on the topics of politics, religion, science, arts, philosophy, etc.) may be displayed on private property (not including private property which is also public right of way), without permit, subject to the owner's consent, and also subject to: 1. In agricultural and residential zones: a. No sign may exceed five square feet in area. b. Double-faced signs as defined in this Chapter are permitted. c. No sign shall be posted in such a manner that any portion of said sign is within five feet of the house side of the sidewalk and, if there is no sidewalk within 15 feet of said sign, then 15 feet from the house side of the street curb. Said signs must be placed at least five feet from the house side of intersecting sidewalks or ifthere are no sidewalks, then 15 feet from the house or back sides of intersecting curbs. Unless a further setback is required by the foregoing rules (as in the case of corner lots adjacent to intersecting streets), said signs shall be located at least five feet from side property lines except for lots located at intersections. d. No sign shall exceed three and one-halffeet in height in the front setback area, and such signs shall not exceed six feet in height in any area unless said sign is attached flush to any building. The measurement shall be taken from the ground level to the top of said sign. e. No sign may be affixed to an already existing sign. f. Nothing in this section shall be construed to render a property owner liable for the posting of a sign on his or her property. 2. In commercial and industrial zones: a. No sign may exceed twelve square feet in area. Double-faced signs as defined in this Chapter may be permitted. b. No sign may be affixed to an already existing sign. 3. Removal. The procedure for the removal of temporary noncommercial signs is as follows: a. Notice. The director shall give 24 hours notice to the owner of the sign (ifknown), of the city's intent to remove any unauthorized temporary sign bearing a - 34- noncommercial message. The notice shall specify the provision ofthe sign ordinance being violated, and shall inform the owner that removal charges will be assessed. The owner may, within twenty-four hours ofreceiving notice, request a hearing before the director to appeal the decision to remove the sign. If the owner so requests, the sign shall not be removed until the hearing has been held and a final decision rendered. Ifthe owner cannot be identified or located after reasonable effort, the sign may be treated as abandoned property and removed. b. Appeal and removal. In the absence of an appeal of the removal decision, the sign may be removed by the city and the reasonable cost thereof charged to the sign owner and/or persons responsible for placing the illegal sign. Such cost shall be set by resolution of City Council. L. Informational signs. The signs allowed by this subsection fulfill informational and directional needs. I. Directory signs. On buildings wherein are located several different establishments, directory signs may be located on an exterior elevation of a building if the directory is placed flat against the building at or near a building entrance or area restricted to pedestrian traffic only. The sign shall be no more than 10 square feet in area and 5 feet in height. 2. Directional signs. Signs containing directional information for pedestrian and vehicular traffic may be used subject to the following: a.. Maximum sign area is 10 square feet; b. No sign may exceed 10 feet in height; c. Directional rooftop signs are prohibited except when incorporated into the design of an approved rooftop sign designed to accommodate the sign; d. The signs shall not be attached to any light standard, t1ag pole, or onto any other sign except as provided herein; e. The number and location of all directional signs shall be limited to the least number to provide ample notification. 3. Warning and instructional signs. Warning and instructional signs, such as "beware of dog," "danger high voltage," "no trespassing," "no dumping," etc., are allowed subject to: area: maximum 3 square feet; height: if freestanding, maximum six feet; attachment: may not be attached to any light standard, flagpole, or any other freestanding sign. 19.60.700 Signs permits. A. Permits - when required. No person except a public officer or public employee in the performance of an official duty shall paste, post, paint, print, nail, tack, erect, place or otherwise fasten, or maintain or permit any sign, pennant or notice of any kind, facing or visible from a public street, public or private right of way in the city except as provided herein. To insure compliance with this section, a sign permit shall be required for any sign, except as provided herein. The procedure regarding application for and processing of sign permits, as well as the procedures for the appeal of decisions thereon, is set forth beginning with CVMC 9 19.60.800. - 35 - B. Purpose of permitting. All permitting and approval processes required by this Chapter are intended to ensure compliance with this Chapter and various safety codes, as well as to prevent the loss of time, effort and materials which might otherwise be invested in an illegal sign. C. Exempt signs. The signs described in this subsection are not subject to the permit requirement, and do not count towards the total signage which is otherwise allowable. 1. Signs described in other sections of this chapter as not requiring or being subject to the permit requirement. 2. Street address signs not exceeding three square feet in area total per parcel; 3. Symbols or insignia which are an integral part of a doormat or welcome mat, or embedded directly into the sidewalk or entrance surface, so long as such device is otherwise legal and is located entirely on private property and on the ground or sidewalk; 4. Signs used in conjunction with "special events" as defined and rcgulated by CVMC ~ 19.58.370 and 9 19.58.380; 5. Any public or legal notice required by a court or public agency. 6. Signs authorized or required by another body oflaw. 7. Flags displaying noncommercial images, provided that the total area (one side only) does not exceed one percent of the square feet of surface area of the parcel, the number of t1ag poles on a parcel does not exceed one per 100 linear feet of street frontage, and the height of any flag pole does not exceed 30 feet; 8. Construction signs which meet these requirements: maximum number per project under construction: one; maximum area: ISO square feet; maximum height (if free standing): 25 feet; minimum setback: 10 feet from all interior property lines; maximum display time: from the time a grading or building permit is issued and remains valid and unexpired, until the construction project is completed or abandoned. 9. Hand held and portable signs that do not display a commercial message and are otherwise legal or allowed under this Chapter; 10. Mass transit signage: Advertisements or banners mounted on trains or duly licensed mass transit vehicles that legally pass through the City; 11. On-site informational signs not viewable from the public right of way or adjacent properties; 12. Off-site directional signs located wholly on private property. 13. Professional signs not exceeding one square foot in area and located wholly on an appurtenant commercial building; 14. Window signs which otherwise comply with all applicable regulations. 15. Temporary non-commercial signs which otherwise comply with all applicable regulations. 16. Real estate and open house signs which otherwise comply with all applicable regulations. 17. Garage sale signs that comply with CVMC ~ 5.32.050. 18. Messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel. 19. Interior signs: Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof, provided the building or enclosed structure is otherwise legal. - 36- 19.60.800 Permit applications. The application for a sign permit shall be made in writing on the form provided by the planning department and shall be accompanied by any fee established by City Council resolution. Such application shall set forth and contain the following information and items: A. A drawing to scale showing the design of the sign, including dimensions, sign size, colors (applies to commercial message signs only), materials, method of attachment, source of illumination and showing the relationship to any building or structure to which it is proposed to be installed or affixed or to which it relates. B. A site plan, including all dimensions, drawn to scale indicating the location of the sign relative to the property line, rights-of-way, streets, sidewalks, vehicular access points and existing buildings or structures and off-street parking areas located on the premises. C. The number, size, type and location of all existing signs on the same building, site or premises. D. Any structural information and plans necessary to ensure compliance with the latest adopted building standards. E. Such other information as the planning department may reasonably request to determine that the proposed application is in full compliance with the provisions of this Chapter, the city code and any other applicable law. The message proposed to be displayed on the sign is not required. F Proof of the consent of the property owner or other person in control or possession of the property. For exanlple, if the subject property is leased and the applicant is the lessee, the lessee must demonstrate that the sign complies with all provisions of the lease related to signage, or submit a written landlord's consent. 19.60.810 Processing of applications. A. Time. Unless otherwise stated, all time periods in this section are calendar days. B. Completeness. The zoning administrator shall determine whether the application contains all the information and items required by this Chapter. Ifit is determined that the application is not complete, the applicant shall be notified in person or in writing within thirty days of the date of receipt of the application that the application is not complete and the reasons therefore, including any additional information necessary to render the application complete. The applicant shall then have thirty (30) calendar days to submit additional information to render the application complete; failure to do so within the thirty (30) day period shall render the application void. Within thirty days following the receipt of an amended application or supplemental information, the planning director shall again determine whether the application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification shall occur as provided above llntil such time as the application is found to be complete (the "application date"). - 37 - C. Disqualification. No sign application will be approved if: 1. The applicant has installed a sign in violation of the provisions of this Chapter and, at the time of submission ofthe application, each illegal sign has not been legalized, removed or included in the application; 2. There is any other existing code violation located on the site of the proposed sign(s) (other than an illegal or nonconforming sign that is not owned or controlled by the applicant and is located at a different business location on the site from that for which the approval is sought) which has not been cured at the time of the application; or; 3. The sign approval application is substantially the same as an application previously denied, unless: (i) twelve (12) months have elapsed since the date of the last application, or (ii) new evidence or proof of changed conditions is furnished in the new application; 4. The applicant has not obtained any applicable required use permit or conditional use permit. D. Method ofreview. The method ofreview is standard compliance review. The zoning administrator, or the design review committee, Planning Commission or City Council on appeal, shall determine whether approval shall be granted for any sign based on its conformance with the regulations and design standards set forth herein and in the city design manual, without consideration of the graphic design of the copy or message displayed on the sign. E. Certain signs calling for design review. Decisions under this standard shall be guided by the following principles and shall not be based on the graphic design of the copy or message displayed on the signs: 1. Fluorescent paints shall be avoided; 2. Sign copy should not extend beyond the edges of the background area on which it is applied; 3. The copy area of signs, including logos, emblems, crests and pictorial representations, should not exceed fifty percent of the background area on which it is applied; 4. The height of a pole sign should not be less than twice its width. 5. The height of the bottom of the signboard of a pole sign should be less than three times but more than twice the width of the signboard; 6. The two sides of a rectangular pole sign should have a ratio oftbree to five; 7. The base of each fTeestanding sign shall be landscaped in accordance with the landscaping manual ofChula Vista, without consideration of the graphic design of the copy or message displayed on the sign. F. Decisions. Where an application is denied by the zoning administrator, or the design review committee, Planning Commission or City Council on appeal, the applicant shall be informed in writing of the changes necessary in order to approve the application. Ifthe applicant chooses to amend the application to ret1ect said changes, the zoning administrator shall grant the permit within thirty days of when a complete and conforming application is submitted. The zoning administrator shall render a decision on a sign permit within thirty days of the date of application. - 38 - G. Appeals. All sign permit applications shall be initially reviewed by the zoning administrator. The applicant or any concerned person may appeal any sign related decision in this order: design review committee, planning commission and city council. In each case, written notice of appeal must be filed with the City Clerk within ten days of when the decision was delivered or sent to applicant and all known concerned persons, or the last day on which a decision could have been timely rendered. Tn each case, the appellate body must conduct a hearing and consider evidence, and render a written decision within thirty days. In the cases of appeal to the Planning Commission and the City Council, the hearing must follow normal procedures for agendizing and giving public notice. Unless time is waived by the applicant, any permit or approval on which the city does not render a definite decision within the required time shall be deemed denied, and the time for appeal or filing judicial review shall commence on the last date on which the city could have issued a decision. H. Judicial Review. Following final decision by the City Council, any concerned person may seek judicial review of the final decision on a sign permit application pursuant to CaJifomia Code of Civil Procedure section 1094.8. 1. Multiple sign applications. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, the Director's written notice of determination shall specify the grounds for such denial.. J. Revocation or cancellation. The Director shall revoke any approval upon refusal of the holder thereof to comply with the provisions of this Chapter after written notice of noncompliance and at least fifteen (15) days opportunity to cure. K. Permits issued in error. Any approval or permit issued in error may be summarily revoked by the City upon written notice to the holder of the reason for the revocation. 19.60.900 Removal of certain signs. A. Obsolete and abandoned signs. All signs relating to a product no longer available for purchase by the public and all signs relating to an establishment which has closed or moved away shall be removed, together with any supporting structures and bracing not considered an integral part ofthe building. Painted wall signs shall be painted over with a color that closely resembles or matches the color of the wall. Ifthe owner of, or persons responsible for, the sign, or the tenant closing the establishment, fails to remove or paint over the sign, the owner of the premises shall be responsible and the work shall be done within ninety days following the date of obsolescence. R Charges for moving, removal, correction of sign. The fees for the city moving, removing, correcting, storing, or doing work on a sign or sign structure shall be the required fee(s). The city may charge the fees against any of the following, each of whom shall be jointly and severally liable for said charge: 1. The permittee; - 39- 2. The owner of the sign; 3. The owner of the premises on which the sign is located; 4. The occupant of the premises on which the sign is located. C. Storage ofremoved signs - Time limit - Recovery procedure. A removed sign shall be held not less than thirty days by the city during which period it may be recovered by the owner upon payment to the city of the required fee(s) as set by resolution of City Council. Ifnot recovered within the thirty-day period, the sign and supporting structures shall be declared abandoned and title thereto shall vest in the city. The fees may be in addition to any penalty for the violation, and recovery of sign does not necessarily abrogate the penalty. 19.60,930 Amortization of nonconforming onsite signs. All on-site signs in any zone constructed and erected prior to the effective date of the ordinance codified herein, or any prior ordinance under which they were also nonconforming (considering only the non- communicative aspects ofthe sign) pursuant to the issuance of a valid building permit issued by the city, which do not conform to the requirements of the provisions ofthis title for the particular zone in which they are located or in regard to design review requirements, shall be allowed an amortization period of fifteen years from the effective date of the earliest ordinance under which they were nonconforming, and shall thereafter be subject to abatement and removal as provided. A. Notice. Any owner of a nonconforming sign at the expiration of fifteen years from the effective date of the ordinance codified herein shall be noticed of the nonconformity of the display. Ownership shall be deternlined by the ownership of the property as shown by the most recent assessor's tax roll. Should any owner wish to appeal the removal of any nonconforming sign based upon the reasonableness of the fifteen-year amortization period, such appeal shall be done in accordance with subsection D. below. Removal of the sign shall be stayed until such time as an appeal is finally decided by the City Council. B. Appeals procedure. Any appeal from an order to remove a nonconforming sign which has used up its amortization allowance may be appealed through the same procedure as a appeal of a sign permit application. In the case offully amortized nonconforming signs subject to a removal order, the appeal shall state and provide evidence of: 1. A detailed description of the sign or structure, the method of its construction, its measurements and the message contained thereon; 2. The name of the owner or owners of the property upon which the sign or structure is located; 3. A definition and term of the appellant's right to locate and/or maintain the sign or structure on said property. Include amount paid, if any, for the right to locate and/or maintain the sign or structure; 4. The date and cost of original construction of the sign or structure; 5. The date and cost of appel1ant's purchase ofthe sign or structure; 6. The date or dates and cost of major repairs to the sign or structure; 7. The average monthly gross income derived from the proceeds generated from the sign or structure, measured over the period of existence or ownership; 8. The current net value ofthe sign or structure as carried on the books of the company, as - 40- well as any estimate of current fair market value (including the qualifications of persons making such estimate, and the basis therefore); 9. Each application on appeal shall be verified. SECTION - That Sections 19.04.208 through 19.04.268, 19.20.050, 19.22.050, 19.24.050, 19.26.060, 19.28.050, 19.30.050, 19.32.050, 19.34.040, 19.36.040, 19.38.040, 19.40.040,19.42.060,19.44.060,19.46.050,19.58.225, and 19.70.016 of the Chula Vista Municipal Code are hereby repealed in their entirety. SECTION V. Submitted by: Approved as to form by: James D. Sandoval Acting Planning and Building Director Ann Moore City Attorney -41- COUNCIL POLICY CITY OF CHULA VISTA POLICY EFFECTIVE SUBJECT: Signs on Public Property NUMBER DATE PAGE ??? -?? 08/19/2003 lof7 ADOPTED BY: Resolution ????- ??? DATED: 08/19/2003 .4 IT/J-C H M Evil r3 BACKGROUND This Policy is part of the City's overall scheme for regulating and controlling signs within the City limits. Regulation of the construction and placement of signs is an important duty of a governmental entity. Such regulations promote aesthetics, safety, and commerce while at the same time ensuring that the public can communicate their commercial and non-commercial messages. According to federal and state law, the legal framework and extent to which the City can regulate signs differs depending upon whether the sign is being placed on property owned or controlled by the City, or on private land. Therefore, signs on City-owned or City-controlled property are regulated by the provisions contained in this Policy. Signs on private property and public property, which is not owned or controlled by the City, are regulated by Chapter 19.60 of the Municipal Code. 1. Proprietary Capacity; Changes to Policy In adopting this policy, the City Council acts in its proprietary capacity as to Public Property within the City. This Policy Statement may be changed by resolution at a properly noticed meeting ofthe City Council. IT. "Sign" and "Public Property" Defined and Intent as to Public Forum For purposes of this Policy, a "sign" is any device, fixture, placard or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which is to be viewed from any public street, road, highway, right-of-way or parking area. "Public Property" means that land or other property owned by the City, or in which the City holds the present right of possession or control, or land or other property which the City holds in trust, as well as all public rights of way. As it relates to the placing of signage on Public Property, the City declares its intent that all Public Property in the City shall not function as a designated public forum, unless some specific portion of Public Property is designated herein as a public forum of one particular type; in such case, the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period, if any. COUNCIL POLICY CITY OF CHULA VISTA POLICY EFFECTIVE SUBJECT: Signs on Public Property NUMBER DATE PAGE ??? - ?? 08/19/2003 2 on ADOPTED BY: Resolution ????-??? DATED: 08/19/2003 III. Signs Must Be Permitted or Exempted No sign may be displayed on Public Property, unless a Public Property Sign Permit therefore has first been issued, or the subject sign is expressly exempted from the Public Property sign permit requirement by this Policy or another applicable PolicylResolution. On1y those signs expressly allowed by this Policy (or another law) shall be eligible for a Public Property Sign Permit. Any sign posted on Public Property within the City, without a permit, without a decal showing evidence of a permit, and/or contrary to the policies stated herein, may be summarily removed as a trespass and a nuisance by the City. All issued Public Property sign permits must be consistent with the policies stated herein. IV. Public Property Sign Permits; Application Forms and Procedures The Director of Plarming and Building Department shall prepare and make available to the public a form for Application for a Public Property Sign Permit ("Permit"), which shaH, when fully approved, constitute a Permit and indicate the City's consent, in its proprietary capacity, for placement of a sign. The applicant for the permit must be the same person or entity who is to be the owner of the sign. The processing fee for each application, which shall not be refundable even if the application is denied, shall be the same as the fee for a sign permit under the Sign Ordinance. To each application form shall be attached a copy of this Policy Statement. Upon approval of an application, the applicant shall be issued a decal by the City, which shaH be affixed to the sign by the applicant, thereby signifying that use of the sign on Public Property has been approved. Signs exempt from the permitting requirements of this Policy do not need such decal. If the decal is lost, damaged, or otherwise illegible, the signs owner shall provide to the Director the sign's approved application and ask for a new decal. After receiving the new decal, the owner shall attach it to the permitted sign immediately. Any Public Property Sign Permit issued in error may be summari1y revoked by any officer of the City by simply informing the applicant of the nature of the error in issuance. Any applicant whose permit is revoked as issued in error may, at any time thereafter, submit a new permit application. COUNCIL POLICY CITY OF CHULA VISTA POLICY EFFECTIVE SUBJECT: Signs on Public Property NUMBER DATE PAGE ???-?? 08/19/2003 3 of? ADOPTED BY: Resolution ????- ??? DATED: 0811 9/2003 The City retains its full discretion as to the issuance of the new permit, however applications which fully comply with the terms and conditions of this Policy Statement shall be duly issued. Applications which are denied, or permits which are revoked or suspended, may be appealed in the same manner as denials of sign pernlits, as described in the Sign Ordinance. V. Exemptions from Permit Requirement The following signs are exempted from the Permit requirement: Traffic control and traffic directional signs erected by the City or another governmental agency; official notices required by law; signs placed by the City in furtherance of its governmental functions; other signs approved pursuant to City Council action; and signs allowable under Paragraph VI ofthis Policy. In addition, sign programs or specific plans approved prior to adoption of this Policy by the City Council, which allowed commercial signs to be placed on Public Property, are exempted from the Pemlit requirement and may be continued as allowed. VI. Temporary Political, Religious, Labor Protest and Other Noncommercial Signs in Traditional Public Forum Areas In areas qua]jfying as traditional public forums, such as streets, parks and sidewalks, persons may display noncommercial message signs thereon without first obtaining a Public Property sign permit, provided that their sign displayed on Public Property conforms to all of the following: A. The signs must be personally held by a person, or personally attended by one or more persons. "Personally attended" means that a person is physically present within five feet of the sign at all times. B. The signs may be displayed only during the time period of sunrise to sunset. C. The maximum aggregate size of all signs held by a single person is 10 square feet. D. The maximum size of anyone sign which is personally attended by two or more persons is 50 square feet. E. The displayed signs may not be inflatable or air-activated. F. In order to serve the City's interests in traffic t10w and safety, persons displaying signs under this section may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five feet width clearance for pedestrians to pass by. COUNCIL POLICY CITY OF CHULA VISTA POLICY EFFECTIVE SUBJECT: Signs on Public Property NUMBER DATE PAGE ???- ?? 08/19/2003 40f7 ADOPTED BY: Resolution ???? - ??? DATED: 08/19/2003 If a person's noncommercial sign does not conform to A-F. ofthis paragraph, the sign shall not be allowed anywhere on Public Property. VII. Community Directional "Kiosk" Signs in Particular Locations A. Intent as to Public Forum The City's intent as to this section is to designate a strictly limited public forum, which allows only the posting in convenient places of directional information regarding tract housing developments which are currently selling homes located within the City. B. Purpose and Intent - Generally This section is intended to permit off-site directional signs on Public Property necessary to serve the people of Chula Vista by providing directional information so that residents and visitors can easily locate residential subdivisions and master plan communities in an attractive and safe manner consistent with the City's prohibition against off-site advertising signs or displays. A community directional kiosk sign is a sign installed and maintained according to the provisions of this Policy. C. Kiosk Signs for New Tract Housing Developments Kiosk signs are permanent freestanding structures, not exceeding 10 feet in height,S feet in width, which contain modular information strips, not exceeding 10 inches in height,S feet in width, providing information about master plan communities and residential subdivisions (of more than 20 units) which are currently selling new homes located within the City. Such signs may display only the following information: the name of the development, developer and/or marketer thereof, and the direction to the development from the sign. D. Kiosk Sign Plan An integra] component of the overall kiosk sign program is the adoption of a sign plan specifying the details of the design of the kiosk structure and associated sign panels. The location, number of signs, number of panels, design, color, copy, lettering, spacing, area COUNCIL POLICY CITY OF CHULA VISTA POLICY EFFECTIVE SUBJECT: Signs on Public Property NUMBER DATE PAGE ??? _?? 08/19/2003 50f7 ADOPTED BY: Resolution ????-??? DATED: 08/19/2003 and dimension of the signs and panels shall be specified within the Kiosk Sign Plan. The Director of Planning and Building shall develop and approve said sign plan. E. Administration The Community Directional Kiosk Sign Plan shall be administered by the Director of Planning and Building for the City, or at the Director's option, the Director may designate another entity (public or private) to administer the construction, installation, maintenance, management or removal of kiosk structures and signs and leasing of sign space on the kiosks in accordance with the following sign approval provisions and the Kiosk Sign Plan. When management of the kiosks is assigned to another party by contract, such contract shall include provisions requiring that party to be responsible for enforcement of this Policy. The Director of Planning and Building shall establish any permit processing costs of signs mounted on kiosk structures. F. Sign Approval Kiosks Structures and Directional Signs on Kiosk Structures 1. Kiosks Structures. One kiosk design as specified in the Kiosk Sign Plan shall be utilized throughout the City. Prior to construction or installation of kiosk structures, the sign program administrator shall receive Planning and Building Director approval to ensure compliance with the following provisions: a Locations. Kiosk structures shall be located on Public Property at various points throughout the City as specified in the Kiosk Sign Plan. b. Construction. All kiosks shall be constructed or cause to be constructed by the designated sign program administrator in accordance with the design in the Kiosk Sign Plan. There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances added to the approved kiosk structure. c. Installation. All structures shall be installed consistent with the Kiosk Sign Plan so no hazard to pedestrian or vehicular traffic will result. COUNCIL POLICY CITY OF CHULA VISTA POLICY EFFECTIVE SUBJECT: Signs on Public Property NUMBER DATE PAGE ???- ?? 08/19/2003 60f7 ADOPTED BY: Resolution ????-??? DATED: 08119/2003 d. The location and number of directional signs approved for each eligible user shall be determined by the size and location of the subdivision or master plan community, and the demand for and availability of space on each kiosk. e. Each kiosk will have the "City of Chula Vista" displayed in a prominent location on the sign. 2. Directional Signs on Kiosk Structures. Prior to construction and installation of directional signs on kiosk structures, the designated sign program administrator shall receive Planning and Building Director approval of directional signs to ensure compliance with the Kiosk Sign Plan and the following provisions: a. Users eligible to display community directional signage on approved kiosk structures shall be limited to master plan communities and residential subdivisions exceeding 20 lots. b. Directional signs shall not be approved on kiosk structures which have no available space on the date the sign is requested. b. A neighborhood shall not be allowed any directional kiosk signs if there are any other offsite signs advertising the housing development anywhere in the City. If any un-permitted or illegal advertising signs are erected and not promptly removed upon demand by the city, all kiosk signs for that subdivision shall be removed, the lease cancelled and no refund given. c. No approval shall be given for directional panels on any kiosk structure if the applicant has any prohibited off site signs advertising the subdivision or master plan community anywhere within the City. If any advertising signs are erected and not promptly removed upon demand by the City, the City shall direct the administrator to remove all kiosk panels for that subdivision and shall require that any agreement between the administrator and developer be canceled. Any developer whose community or subdivision panels are removed due to failure to comply with the terms of this section shall be prohibited from utilizing the community directional kiosk program for a minimum of six months. COUNCIL POLICY CITY OF CHULA VISTA POLICY EFFECTIVE SUBJECT: Signs on Public Property NUMBER DATE PAGE ???-?? 08/19/2003 70f7 ADOPTED BY: Resolution ????-??? DATED: 08/19/2003 d. Approved directional signs for residential subdivisions shall be permitted until all lots or units within the subdivision or master plan community are sold or two years from the date of installation of the panel, whichever occurs first, unless otherwise extended by the Director. VIII. Signage Associated with use of Public Property for Special Events When the City allows a special event on Public Property, sponsored by a private entity, the City shall state only the time, place, manner and quantity of signage allowed, and leave decisions as to which signs may be displayed as part of the event to the private party sponsor. When the City itself sponsors a special event, Public Property may be used to promote and identify the special event, but co-sponsors, if any, shall be limited to commercial entities and commercial sign messages only. A Public Property Sign Permit is not required for entities participating in a City-sponsored special event (including the City or Redevelopment Agency). PLANNING COMMISSION AGENDA STATEMENT Item: 3 Meeting Date: ORlt 11m ITEM TITLE: PUBLIC HEARING: Consideration of the following applications filed by McMillin Development Company, involving two sites: 1) a 10 acre site located west of Duncan Ranch Road, north of Proctor Valley Road within Rolling Hills Ranch Neighborhood 7 and 2) the southern boundary between the parcel designated in the SPA as "Community Park" and the immediately adjacent CPF site within Neighborhood 8. a. GPA-03-03 amendments to the Chula Vista General Plan Land Use Diagram in order to I) change the existing land use designation from Low Density Residential (0-3 dulac) to Low-Medium Density Residential (3-6 dulac) in Neighborhood 7. b. PCM-03-24; amendments to the Salt Creek Ranch General Development Plan, Salt Creek Ranch Sectional Planning Area Plan and Salt Creek Ranch Planned Community District Regulations and associated documents to change portions of the existing land use designations for parcels within Neighborhood 7 and 8. The applicant, McMillin Development Company, has submitted applications to amend the City's General Plan, Salt Creek Ranch General Development Plan (GDP), Salt Creek Ranch Sectional Planning Area (SPA) plan and Salt Creek Ranch Planned Community District Regulations. The proposed amendments involve two separate issues and two separate sites and consist of: 1) converting 10 acres on the west side of Duncan Ranch Road, north of Proctor Valley Road from Low Density Residential to Low Medium Density Residential in Neighborhood 7 and includes a request for a density transfer; and 2) adjust the land use boundaries between the parcel designated in the SPA as "Community Park" and the immediately adjacent CPF site within Neighborhood 8 for Project Site 2. (see Locator). The Environmental Review Coordinator has reviewed the proposed project for compliance with California Environmental Quality Act and has deternlined that the proposed project was adequately covered in previously adopted Environmental Impact Report and has prepared an addendum. RECOMMENDATION: Adopt attached Resolution GP A-03-03/ PCM 03-24 recommending that the City Council review and consider the addendum for FEIR 88-03 and FSEIR 91-03 and approve the proposed amendments to the General Plan, Salt Creek Ranch General Development plan, Salt Creek Ranch Sectional Planning Area (SPA) Plan and Salt Creek Ranch Planned Community District Regulations. Page 2, Item: Meeting Date: !VI V01 DISCUSSION: 1. Background A. Neighborhood 7 (Project Site 1) The 10 acre project site in Neighborhood 7 was originally set aside by the Chula Vista Elementary School District (District) as an optional future school site. The District envisioned this site may become necessary to house a new school if other elementary schools within the vicinity did not come online in time to meet the projected elementary school demand. The District has stated that two new elementary schools (one in San Miguel Ranch; the other in EastLake Woods) will be built within the next two years to serve the area of Eastlake, Rolling Hills Ranch and San Miguel Ranch. As a result, the School District has indicated that the school site is no longer needed and the property was made available to the developer/applicant McMillin DeveJopment Company. The McMillin Company proposes to convert the site into 43 single family dwelling units. The decision of the District to abandon the 10 acre site, is ret1ected in the most recently completed document entitled "School Facilities Needs Assessment" (March 2003) which provides a detailed analysis of the anticipated school district needs. As stated in the school section of the Public Facilities Financing PJan, the original Salt Creek Ranch SPA assumed that two elementary schools might be needed not only to serve Salt Creek Ranch, but also San Miguel Ranch or possibly, portions of Eastlake III (see Attachment 4, Section VI). At the time the SPA was originally approved, the timing and number of units for San Miguel Ranch was unknown. Therefore, the developer was required to reserve both school sites as well as to address the District's finance requirements. According to the Chula Vista Elementary School District, there is now sufficient information to declare the second school in the Salt Creek Ranch as surplus and not needed to house the projected number of elementary school students within the surrounding area. Therefore, the District has notified the developer that it will not be exercising its option to purchase the site and stated in a letter to the City that this site is !lot needed to meet the anticipated emollment levels or to compJy with the Quality of Life Threshold Standards (see Attachment 5). On June 26, 2003, a public forum was held to introduce the project to the surrounding neighborhood. At the neighborhood meeting, residents expressed concern about the loss of the 10 acre school site indicating that the area elementary schooJs were already impacted. The applicant and City staff explained that based upon correspondence and documentation provide by the Chula Vista Elementary School District, the two additional schools expected to be completed within the next two years, will provide sufficient capacity for all the elementary school children in the 3 planned communities. Following the neighborhood meeting, staff discussed the concerns raised by the public with the District and invited District representatives .;2 Page 3, Item: Meeting Date: Rf1 Y01 to the Plaillling Commission meeting. A representative of the District will be present at both the Plaillling Commission and City Council public hearing to address questions regarding school capacity. B. Neighborhood 8 (Project Site 2) The project site consists of a CPF site adjacent to the southeastern portion of the community park. The applicants proposed amendments are generally for the purpose of reconfiguring the CPF site relative to the park site with the result of improved vehicular access. The reconfiguration will not result in a decrease in either CPF or park acreage. To accomplish the reconfiguration, it is necessary, anlOng other things, to change the identification in the GDP and other documents from park to CFP or religious site and vice versa. 2.Existing Site Characteristics The 10 acre irregular shaped parcel herby referred to as Project Site 1, is located on the west side of Duncan Ranch Road, north of Proctor Valley Road within Neighborhood 7. Surrounding land uses include:: Project Site 1: Existing Site and Surrounding Land Uses Chula Vista GDP Land PC District Municipal General Plan Use (Land Use Existing Code Designation Designation District) Land Use Project Site PC (Planned Low Density School IS Vacant Conununity) Residential (Institutional lIses) East PC (Planned Low Density L(Low SF I (Single Single-Family Conununity) Residential (0-3 duJac) Density Family Residential Residential) Residential} South PC (Planned Low Density L(Low SFl (Sigle Single-Family Conununity) Residential (0-3 duJac) Density Family Residential Residential) Residential) West PC (Planned Open Space Open Space OS-I(Open Salt Creek Conununity) Space- Natural) North PC (Planned Low Medium LM (Low SF 3 (Single Single Family Community) Residential (3-6 duJac) Medium Family Residential Residential} Residential) "3 Page 4, Item: Meeting Date: !VI ym Project Site 2, conslstmg of six acres, is located at the southern intersection of the Community Park and CPF site within Neighborhood 8. Surrounding land uses are as follows: Project Site 2: Existing Surrounding Land Uses Chula Vista GDP Laud PC District Muuicipal Geueral Piau Use (Laud Use Existing Code Designation Designation District) Land Use Project Site PC (Planned Future-Cormnunity Cormnunity OS-2 (Open Vacant Cormnunity) Park/Open SpacelLow Park/CPF Space- Density Residential ( Cormnunity Park)IDPF Purpose (Cormnunity Facility) Purpose Facility) East PC (Planned Low Density L(Low SFl (Single Single-Family Cormnunity) Residential (0-3 duJac) Density Family Residential Residential) Residential) South PC (Planned Low Density CPF CPF Vacant Cormnunity) Residential (0-3 duJac) ( Cormnunity ( Cormnunity Purpose Purpose Facility ) Facility) West PC (Planned Open Space Open Space OS-l(Open Salt Creek Cormnunity) Space- Natural) North PC (Planned Cormnunity Park/Open Cormnunity OS-2 (Open Future Community) Space Park/CPF Space-Park) Cormnunity (Cormnunity Park Purpose Facility) 3. Project Description and Analysis GeneT"] PI"n Amenclment~ Project Site I The proposal is to amend the Land Use Diagram to change the land use designation from Low Density Residential to Low Medium Density Residential (see Exhibit B of Attachment 2). ~ Page 5, Item: Meeting Date: Rf1 ym The 10 acre site is surrounded by existing residential development on three sides. The increase in density from 0-3 dulac to 3-6 dulac allows for the proposed 43 additional residential units to be developed at a density which is more compatible with the existing surrounding residential development. s"lt rTeek R"nch GeneT"1 Development Pbn (GDP) Amennments Project Site 1 The proposal is to change the designation of a 10 acre parcel in Neighborhood 7 from "School" to LM (Low Medium Density Residential) and to modify the land use statistics table to reflect the conversion of 10 acres from School to LM (Low Medium Density Residential). (see Exhibit C of Attachment 2) The conversion of the school site into residential was anticipated in the Salt Creek Ranch GDP/SPA and was dependent upon the timing and number of units of surrounding developments and how that would affect the timing of development of new elementary schools in these adjacent communities to Rolling Hills Ranch. An analysis conducted by the Elementary School District shows that there is now sufficient information to declare the second school in the Rolling Hills Ranch as surplus and not needed. The proposed 43 residential units will be compatible with the surrounding existing residential development in terms of lot size and density. Project Site 2 The proposal is to change designations of portions of parcels from Neighborhood Park to Religious Site and from Religious Site to Neighborhood Park (see Exhibit C of Attachment 2) The rearrangement of a total of 6 acres between Park and CPF designations will allow for a better park site design and configuration of the CFP site. Vehicular access to both the park and CPF site will be improved. s"lt rTeek R"nch Sed;on"l Pl"nn;n!,: ATe" Pl"n Project Site 1 The proposal is to change the designation from "School" to "Neighborhood 7C" along with changes to accompanying tables of statistics (See Exhibit D of Attachment 2) 's Page 6, Item: Meeting Date: Rf1 ym This amendment will allow the "School" designation to be changed into a new residential subcategory (Neighborhood 7C) which will complement existing subcategories of Neighborhood 7A and 7B. Project Site 2 Change designations of portions of parcels from Community Park to CPF and from CPF to Community Park (See Exhibit D of Attachment 2) The proposed amendment to modify the location of "community park" and "CPF" designated land will allow for the development of the CPF site for a churchldaycare facility. S~lt ('r""k R~n"h Pbnn"ci ('ommllnity Dishi"t R"E"1Mions II. T ~nci T )s" Distri"t M~r Project Site 1 Change the designation from IL (Institutional Uses) to SF2 (Single Family Detached) (see Exhibit B of Attachment 3) The SF-2 designation will allow the 10 acre site to be converted into 43 residential lots with lots sizes ranging in size from 6,216 to 12,456 square feet with an average lot size of 7987 square feet. The proposed density and lot sizes are compatible with the existing surrounding development. Project Site 2 Change designations of portions of parcels from OS-2 to CPF and from CPF to OS-2.(see Exhibit B of Attachment 3). The proposed amendment will allow for the development of the CPF site for a church/daycare facility. D"nsity Tr~nsf"r The project involves the density transfer of 20 units from Neighborhood 1 and 23 units from Neighborhood 2 in order to achieve the necessary 43 units necessary to allow the proposed subdivision of Project Site 1 into 34 lots. This density transfer does not affect the overall number of units approved for the SPA. (see Section II, Table 1, Pg 1-37 of Attachment 2) to Page 7, Item: Meeting Date: VI ym The 20 excess units available in Neighborhood 1 and 23 units available in Neighborhood 2 reflect the fact the approved final maps for these two neighborhoods included less total lots than what was allowed per the approved Salt Creek Ranch SPA Plan. Therefore, the addition of 43 units to Neighborhood 7 can be allowed through a density transfer and does not affect the overall number of units approved. Pllhl,c F~c.l1,tie~ F;n~nr:;nE Plan The School chapter of the existing Public Facilities Financing Plan has been amended to update the projected enrollment information and existing and proposed school sites. Specifically, the sections discussing the elementary schools have been modified to ret1ect the discussion elsewhere in this report regarding the availability of Project Site 1 to be converted from a school site into proposed residential development. (See section VI of Attachment 2) CONCLUSION For the reasons stated above, staff recommends adoption of the Resolution recommending that the City Council adopt the addendum and approve the land use amendments. Att~rnmp.nt" 1. Planning Commission Resolution 2. Draft City Council Resolution 3. Draft City Council Ordinance 4 Amendment Pages 5. Letter from Chula Vista Elementary School District 6. Addendum 5. Disclosure Statement J: planning/jeff/RHR school conversion/project files/pcrpt.GDP-SP ANeigh7and8v3 7 1 I I I I I I I,.--/-.-. \ 1'> A\ I 1I1II111 1 ,~ -\ I l J~)i? d f:I:;; ~ , II I !-- -j !-- ,~ f-- - (:: - 1,- ~i:= =\=:: B. "- L~~~i) r ,~~>~)~~ ~ ~- PROJECT UJ 'I\Y /' ~ ~ '/j::;;'; t;~ rh::l " LOCATION r --{ TIT [\~ I- ..f7 :.:-. a ~ (NEIGHBORHOOD 7) ~ ~"l~~ ~\ -\ \.\= =:):( ~~ ~ ~ =~\:?::: PROCTOR VALLEY ROAD ~ ~ ~iJ ~ >: QJJJI]lllllJT~--':':: ~ I-- '/1,\ ,\ II ~ /').. ~ _ In I rT1Til\\l >:::J T ~ HI -/ ~ b--: f:- ':J, I>- i~ 7- llI11: ~ '--~ (NEI ORHOOD 8) .\ -::: ~ y ~ =) ~ -::::r; :s< ,\1/ 't\~ \ ~ ~ - -y~ ~, -r-\.- ~ '- l-- \....-- I~~~~I~ H~ ~ ~ ~ ::::B ~ ~;):& \ \-\>-- CD~ ~ ~ &'~'/~~~ v--c~~ ~ 1-<' If' \ '((;, III LlY .\ '...... ,'. / \\:I\,\ .r----. t. ---;~ ~ ~ ~ ~~ ( .\ \ ~\\ ~~-J~ ~~ ROLLING HILU RANCH 1= - ~~~ t , .' LOCATOR g ATTACHMENT 1 PLANNING COMMISSION RESOLUTION CJ RESOLUTION NO GP A-03-03, PCM-03-24 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENTS TO THE GENERAL PLAN LAND USE DIAGRAM, SALT CREEK RNACH GENERAL DEVELOPMENT PLAN, SALT CREEK RANCH SECTIONAL PLANNING AREA (SPA) PLAN AND ASSOCIATED REGULATORY DOCUMENTS TO CHANGE PORTION OF EXISTING DESIGNATIONS FOR NEIGHBORHOODS 7 AND 8 OF ROLLING HILLS RANCH PLANNED COMMUNITY-MCMILLIN DEVELOPMENT COMPANY. WHERES, a duly verified application was filed with the City of Chula Vista Planning and Building Department on February 4, 2003 by McMillin Land Development Company requested amendments to the City of Chula Vista General Plan, Salt Creek Ranch General Development Plan and Salt Creek Ranch Sectional Planning Area (SPA) Plan; and, WHEREAS, the area of land which is the subject of this Resolution consists of: 1) ten acres within Neighborhood 7 located at the southeast corner of Duncan Ranch Road and Hunte Parkway; and 2) six acres within Neighborhood 8 located on the south side of the Community Park, north of Otay Lakes Road within the Rolling Hills Ranch Plarmed Community ("Project Site"); and, WHEREAS the proposed amendment to the General Plan Land Use Diagram consists of changing the land use designation of said 1 D-acres from Residential, Low Density to Residential, Low Medium; and, WHEREAS the proposed amendment to the Salt Creek Ranch General Development Plan (GDP) consists of: 1) changing the land use designation within Neighborhood 7 from "School" to LM (Low Medium Residential); and 2) changing the land use designations in Neighborhood 8 from Community Park to CPF and from CPF to Community Park; and, WHEREAS the proposed amendments to the Salt Creek Ranch Sectional Planning Area Plan designation within Neighborhood 7 from "School" to "7C"; and 2) changing the land use designations in Neighborhood 8 Community Park to CPF and from CPF to Community Park; and, WI I FREAS, the dcvclopment of the Pro.jcct Sltc has heen the suhject matter of various entitlements and agreemcnts, including: II Salt Creek Ranch Gcneral Ikvcloprnent Plan (GDP) approved by City CouneiJ Resolution 15875 on Septcmher 25, I <)')0 and amended hy City Couneil Resolutio.n 21103-198 on May 13, 21103: 2) Salt Creek Ranch Sectional Planning i\rea (SPA) Plan approved by City Co.uncil Resolution No. 16555 o.n March 24, I ()l)2 and amended hy ('ily CounciJ Rl,solution 2u03-I')X on ii/jay 13, 2003; 3) l'he Roiling fjins Ranch Planned Co.mmunity District Regulations and Land Use Map approvcd by City Co.uncil Ordinance No. 2499 on I\pl'i1 7.1992 and amcnded by Ordinance No. 2l)13 011 May {O 2(),2()03;4) Public Faeilitics Financing Plan approved by City Council Resolution 16555 on March 24. 1992 and amcnded by Resolution 2()O()-190 on April 10, 20ul ;5) Tcntative Subdivision Map for Salt Creek Ranch, Chula Vista Tract '>2-02 previously approved by City Council Rcsolution No. I b834 on Octobcr b, 1992 and amcndcd by City Council Resolution NO. 2000-190 on Junc 13, 20()1I; and 6) Agrccment tor Monitoring of Building Permits hy City Council Resolution No. 2003-166 on April 15,2003: WHEREAS, the Environmental Review Coordinator has determined that any impacts associated with the proposed tentative subdivision map have been previously addressed by FEIR-89-03 and FSEIR- 91-03, Salt Creek Ranch and has, therefore, prepared an Addendum to said FEIR and FSEIR. The amendments are in substantial conformance with the Salt Creek Ranch GDP and SPA on which the FEIR and FSEIR analysis was based, and, therefore, approval and implementation of the GDP/SP A amendments does not change the basis of conclusions of the FEIR and FSEIR. The Addendum has been prepared in accordance with requirements of the California Environmental Quality Act, State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista; and. WHEREAS, the Plarming and Building Director set the time and place for a hearing on the amendments and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and tenants within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., August 13, 2003, in the Council Chambers, 276 Fourth Avenue, before the Plarming Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the Addendum to FEIR 89-03 and FSEIR 91-03, Salt Creek Ranch and the the attached draft City Council Resolution and Ordinance in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13th day of August, 2003, by the following vote, to- wit: AYES: NOES: ABSENT: (I Russ Hall, Chairperson ATTEST: Diana Vargas, Secretary I..t. ATTACHMENT 2 DRAFT CITY COUNCIL RESOLUTION 1-=3 RESOLUTION XXXXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE CITY'S GENERAL PLAN LAND USE DIAGRAM; SALT CREEK RANCH GENERAL DEVELOPMENT PLAN, SALT CREEK RANCH SECTIONAL PLANNING AREA (SPA) PLAN AND ASSOCIATED REGULATORY DOCUMENTS TO CHANGE PORTIONS OF EXISTING DESIGNATIONS FOR NEIGHBORHOODS 7 AND 8. I. RECITALS A. Project Site WHEREAS, the area of land which is the subject of this Resolution is diagrammatically represented in "Exhibit A" and incorporated herein by this reference and for the purpose of general description consists of: 1) ten acres within Neighborhood 7 located at the southeast comer of Duncan Ranch Road and Hunte Parkway; and 2) six acres within Neighborhood 8 located on the south side of Duncan Ranch Road between the parcel identified as "Community Park", and the adjacent Community Facilities District (CPF) site ("Project Site"); and, B. Project; Application for Discretionary Approvals WHERES, a duly verified application was filed with the City of Chula Vista Planning and Building Department on February 4, 2003 by McMillin Land Development Company requesting amendments to the City of Chula Vista General Plan, Salt Creek Ranch General Development Plan and Salt Creek Ranch Sectional Planning Area (SPA) Plan; and, WHEREAS the proposed amendment to the General Plan Land Use Diagram consists of changing the land use designation of said la-acres from Residential, Low Density to Residential, Low Medium, as illustrated in Exhibit B; and, WHEREAS the proposed amendment to the Salt Creek Ranch General Development Plan (GDP) consists of: I) changing the land use designation within Neighborhood 7 from "School" to LM (Low Medium Residential); and 2) changing the land use designations in Neighborhood 8 from Community Park to CPF and from CPF to Community Park, as illustrated in Exhibit C; and, WHEREAS the proposed amendments to the Salt Creek Ranch Sectional Planning Area Plan designation within Neighborhood 7 from "School" to "7C"; and 2) changing the land use designations in Neighborhood 8 Community Park to CPF and from CPF to Community Park as as illustrated in Exhibit D; and, C. Prior Discretionary Approvals WIIERFAS, the development of the Project Site has heen the subjectmatler of various entitlements and <l2;reemcnts, including: I} Salt Creek Ranch Gcncral Developmcnt Plan ICiDP) approved by City Council Resolution 15875 on Septcmbcr 25, I ,-f Page 2 ] 990 and amended by City Conncil Rcsolntion 2003-198 on May 13,2003: 2) Salt Creek Ranch Sectional Planning Area (SPA) Plan approved hy City Council Resolution No. 1(,555 on March 24, 19<J2 and amended by City Council Resolution 2003-198 on May 13,2003: 3) '1'he Rolling Hills Raneh Planned Com",uuity District Regulations and Land Use Map approved hy City Council Ordinance No. 2499 on April 7,19')2 and amcndcd hy Ordinance No. 2913 on May 20, 2003:4) Puhlie Faeililies Financing Plan approved by City Council ResolutIOn 16555 on March 24, ] ')92 and amended by Resolution 2000- 190 on April 10,2001;5) Tentative Suhdi,ision Map for Salt Creck Ranch, Chula Visla Tract 92-02 previously approved by City COlU1cil Resolution No. 16834 on October 6, 1'J()2 and amended hy City Council Resolution NO. 20011-190 on June 13,2000; and 61 Agreement for Monitoring ol'Building Pennits by City Council Resolution No. 2003-j(,6 on April 15,2003; D. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on August 13, 2003 and voted to forward a positive recommendation to the City Council on the Project; and, WHEREAS, the proceedings and all evidence introduced before the Plarming Commission at the public hearing on this project held on August 13, 2003 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding; and, E. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notice of said hearing, together with its purpose given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 500 ft. of the exterior boundaries of the Project Sites at least ten days prior to the hearing; and, WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on August 3, 2003 on the Project discretionary approval applications, and to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same. NOW THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: n. PREVIOtlS FEIR 89-03 AND FSEIR-91-03 IU~VIEWlm AND CONSIDERED: FINDINGS: APPROVALS Ihe l 'Jty Council of the City 01' Chula Vista has previously revic\I,ed, analy/ed, considered, and certil1cd FFIR-89-03 and FSFIR 91-03, Salt Creek Ranch. ~ I" Page 3 III. CERTIFICATION OF COMPLIANCE WITH CEQA The Environmental Review Coordinator has determined that any impacts associated with the proposed amendments have been previously addressed by FEIR 89-03 and FSEIR 91- 03, Salt Creek Ranch and has, therefore, prepared an Addendum to said FEIR and FSEIR. The anlendments are in substantial conformance with the Salt Creek Ranch GDP and SPA on which the FEIR and FSEIR analysis was based and therefore, approval and implementation of the GDP/SP A amendments does not change the basic conclusions of the FEIR and FSETR. The Addendum has been prepared in accordance with requirements of the California Environmental Quality Act, State EIR Guidelines and the Environmental Review Procedures ofthe City ofChula Vista. III. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the Addendum to FEIR 89-03 and FSEIR 91-03, ret1ects the independent judgement of the City Council of the City of Chula Vista and hereby considers the Addendum to FEIR 89-03 and FSEIR 91-03, Salt Creek Ranch. IV. APPROVAL OF GENERAL PLAN AMENDMENT The Chula Vista General Plan Land Use Diagram is hereby amended as set forth and diagrammatically represented in Exhibit "B," a copy of which shall be kept on file in the office of the City Clerk to change the land use designation of 10 acres located at the southeast corner of Duncan Ranch Road and Hunte Parkway from Residential, Low Density to Residential, Medium-Low Density. V. GENERAL PLAN INTERNAL CONSISTENCY The City Council hereby finds and determines that the General Plan is internally consistent and shall remain internally consistent following the amendments thereto in this Resolution. VI. GENERAL DEVELOPMENT PLAN FINDINGS THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL DEVELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF THE CHULA VISTA GENERAL PLAN, AS AMENDED. The proposed amendments to the Salt Creek Ranch General Development Plan ret1ects the land use. circulation system and public facilities that are consistent with the City's General Plan as proposed to be amended. PLANNED COMMUNITY CAN BE INITtA TED BY ESTABLISHMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE. Approval of the proposed amendments will not affect the timing of development of the Rolling Hills Ranch Community. IN THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF I~ Page 4 SUSTAINED DESIRABLITY 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 POLPULATION AND APPEAR ACCEPT ABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF. Development of the proposed project win be consistent with the existing surround development. VII. ADOPTION OF AMENDED GENERAL DEVELOPMENT PLAN In light of the findings above, the amended Salt Creek Ranch General Development Plan is hereby approved and adopted in the form presented to the City Council and on file in the office of the City Clerk. VIII. SPA FINDINGS/ APPROVAL A. THE SECTIONAL PLANNING AREA (SPA) PLANS (AS AMENDED) ARE IN CONFORMITY WITH THE EASTLAKE " GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. Project Site 1 The SPA plan amendment ret1ects the proposed changes to the General Plan and Salt Creek Ranch General Development Plan. Thus, the amendments will be consistent with the General Plan and Salt Creek Ranch General Development Plan, as proposed to be amended. Project Site 2 No amendments are proposed to the General Plan. The readjustment of boundaries between the park and CPF site will not affect the provisions of the Salt Creek Ranch SPA or General Development Plan. B. THE SECTIONAL PLANNING AREA PLANS WILL PROMOTE THE ORDERLY SEQUENTIALlZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. Project Site I and 2 The development of the both sites is subject to the requirements, restnctlOns and limitations prescribed in The Salt Creek Ranch Public Facilities Finance Plan (PFFP) and therefore will be constructed in the order outlined in the PFFP. C. THE SALT CREEK RANCH SUPPLEMENTAL SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. Project Site 1 II Page 5 The proposed changes in allowable land uses are consistent with the existing surrounding residential development. The changes in allowable land uses will not adversely affect the adjacent land uses, residential enjoyment, circulation or environmental quality of the surrounding uses. Project Site 2 The proposed adjustment of boundaries between the park and CPF site will enhance the land use potential of both sites. 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 amendments do not involve areas planned for industrial or research uses. E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The proposed amendments do not involve Institutional, Recreational or similar uses. F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. Project Site I The proposed project will result in approximately 420 fewer daily traffic trips within Rolling Hills Ranch Phase II than the adopted land use plan evaluated for the original Rolling Hills Ranch project. The proposed amendments will not cause any negative impacts to the surrounding roadway system and will require no new mitigaiion measures. Project Site 2 There are no anticipated impacts based upon the amendments to this site. The readjustment of boundaries between the park and CPF site will result in enhancing the driveway entrances into the park and CFP site as we1l as allow for a better overally development. 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 proposed amendments do not involve commercIal development. I~ Page 6 H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. Proj ect I The area surrounding the project site contains existing residential development on three sides. The proposed residential development will be compatible with this existing deelopment. Project Site 2 BE IT FURTHER RESOLVED that in light of the findings above, the City Council does hereby approve the Salt Creek Ranch Sectional Planning Area (SPA) Plan amendments as presented in "Exhibit C", a copy of which shall be kept on file in the office of the City Clerk, subject to the conditions set forth below: x. SPA PLAN CONDITIONS OF APPROVAL 1. Implement the Federal and State mandated conservation measures outlined in the Salt Creek Ranch Water Conservation Plan. 2. In addition to the mandated water conservation measures, implement the non- mandated water conservation measures, which include 1) Hot Water Pipe Insulation, 2) Pressure Reducing Valves, and 3) Water Efficient/Drought Tolerant Landscaping. 3. Prior to approval of building permits for each phase of the project, the applicant shall demonstrate that air quality control measures outlined in the Salt Creek Ranch Air Quality Improvement Plan pertaining to the design, construction and operational phases of the project have been incorporated in the project design. 4. Tables and exhibits in the Salt Creek Ranch General Development Plan SPA Plan must be modified to reflect the proposed amendments. Applicant sha1l submit 20 copies of amended documents for review and approval by the Director of Planning and Building. Xl. CONSEQUENCE OF FAII"URE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to the their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of shall future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute litigate or compel their compliance or seek damages for their violations. No vested rights are gained by Developer or successor in intercst by the City approval of this Resolution. , c\ Page 7 XII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon enforceability of each and every term provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its sole discretion, this resolution shall be deemed to be revoked and no further in force or in effect. Presented by Approved as to form by Ann Moore City Attomey Robert A. Leiter Planning Director PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, Califomia, this 3rd day of September, 2003, by the following vote: AYES: Councilmembers: Stephen C. Padi1la, 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. 2002-264 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 23rd day of July, 2002. Executed this 3rd day of September, 2003. d.-O Page 8 Susan Bigelow, City Clerk d--I EXHIBIT A LOCATOR ..;)..}., I I I ~ f"). '\ 11111111") rill "V'). --,-J f..-...Yoo;f::: I m ~ /' --'V = ':::; f= -'--- _ - - e-' t::: Ir 11 J;::= - = = '\::= ~ lJ1ID"'- - C .t ~ r-, 1m~''<Y~ ",j/ '\2:~"\- ~ ~~~>-;/.'~f' ~1">'5!2 PROJECT 1--,.. III'-.),W:::: <<;;~';/, 1=,,(./7'-r LOCATION 1..1.. II rTr\I \-- - '/J f=p, ,,"{ 'r\:;, HI IV~/,^\\: '---\\ I y~ 1"r )..V ~I ,\ \5E~'~ ~ ~ f- R '<iT\.. ~ ~""---:::::M T1->--. _ PROCTOR VALLEY ROAD ::-- ./' ~ /\11.1 ~ ITA ), bJJlI mm I r--;:~,. N --------- t--, >Xn '\ T VY\7':, ~ ~ i-rt-N'TTT)ITTTT\\\\ PROJECT H ----:r I 'Ir-J-+-:.):.. ~ 1;1 JJIIJj II rrm \ \ \ \ (::: ------r -1..d::1 '::El r;:; IJ;fll UI II ~88~~ ~CATION ~~~/ ------\-, 'r- =--~ UII2/k,W.\2 (NEI~RHOOD8)\\'V :~g::Ls=~;:::: f- ~'r ~\- ~ =r ^' 3: r\V ~~ I V ------rv v ~ t=. vri '?-X ~ =--\ f- y/ <() =:!, H L., ~ ~ ~B ~ ~ i=! t::::=J I ,(f I n\ 'f.'?fD!:- "'- f- '- ,'y f-~ -' - ~~,.. ~/'\~' ~,,~ - ~~ ( ,~ '<>-> "'---- \--- \ ~ ~ \ \ / -=~~ ~~~~ ROLLING HILU RANCH 1- ~~~ " .' LOCATOR .::J.2::, d-~ EXHIBIT B CHANGES TO GENERAL PLAN LAND USE DIAGRAM z_ <Co ..Jw c..oo ...10 ~c.. wO zC::: we:.. e> ~~~...i ::)O::...J<C u. __ Cz...Jl-~ zo<Cffi::) <C-I-c- ...JI-z_c w<Czwcnw c)C)c~:ii= Z<C-cn~ > cnw~> :I:Wo::oo uc= I-...J ...I ...I ::I: <C <C~ I-t I-t I-t .... ""0 z Zw w w~ o 0 I 1;;;: 1;;;: we we a:::...I a:::...I D D .)!'; EXHIBIT C CHANGES TO GENERAL DEVELOPMENT PLAN ,;;).!c I U 2 <(~ II iil. ,,1., :.. 'c( W::!!:s:- .....(I)OO!Z C::>ff::-Iw OCZOC OZOI-(I) :I:c(_ W 0::....11-:"0:: OWc(O::!!: mc>zO::> :I:ZC>:I:_ C>c(U)UC W:I:W(l)~ ZUC:..:: ~;:;;. ;..c: '''' W -~ -,' W'.:'; b II ,~ !-:; "~l U,!i: 'r' L:',": r:'~ ;J~ tIIt~ ...... '.t rn~ , , ' I Ii Iii ii ~'i Iii! ;-: o- j :; ;- i_ r r- ~ 'S ' .~ ~ ~ blli ii = Ii ::J ~I 2 i III! ~ 11"!!;f I ": 5 II i Ii. -' ! w,! ' i Q I Z. Wv W..... . 0::- C:c(W wf::o..!:: CIO(I)WC(I) C::> m 0(1) 00C~05 Z :I:- :I:c(00::c> O::....II-O::::i Owc(mw mc>Z:I:O:: :I:ZC>C>: C>c((I)iijC W:I:WZZ ZUC:c( ... l i , , .' -I Il i '. ~, . ~ , . ~: Ii I, il! ~: !.II I, , ~ !i '., ~~ ~ " ~ 'Ii! , Ii II =i1i Dr. I,id I; .~ .:)..1 d.:j" EXHIBIT D CHANGES TO SPA SITE PLAN i ~ II:! J: o Z <Cz a:=<( ~..J Wa. Ww 0::1- 0- I-tn ..J <C tn . . , d1 ItJ: I~ 111' I,M -'" \ t ~. :;; ,~ ~ z~ coQz C!;t:J~ Oz:EiJ.. Oe,,::Ea.. ....-00 ... en 0 : O::W: 0 OOzz mwwcc J:e"w: C)z~::.:: -CCl=o:: WJ:WCC zoma.. . . . Z ~ I"-Qoo c........... O~:o Oe"....IO J:-oo .....enoJ: .....w....o:: 0000 mwenm ::J:e,,:J: C)Z:E(!) -CCOw w:r.o::z Zou.: .) . : f, <. ~ ; r~ < ~ ~ T } . . ':j ) . . , ~~ +: d...( ATTACHMENT 3 DRAFT CITY COUNCIL ORDINANCE ~6 ORDINANCE NO, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE SALT CREEK RANCH PLANNED COMMUNITY DISTRICT REGULATIONS AND ZONING DISTRICTS MAP, I. I. RECITALS A Project Site WHEREAS the area of land, which is the subject of this Ordinance is diagrammatically represented in "Exhibit A" and incorporated herein by this reference and for the purpose of general description herein consists of 1 0 acres known as Rolling Hil1s Ranch Neighborhood 7C, and located at the southeast corner of Duncan Ranch Road and Hunte Parkway within the Rolling Hills Ranch Planned Community ("Project Site"); and, B. Project; Application for Discretionary Approvals WHERES, the proposed amendments to the Salt Creek Ranch Planned Community District Regulations, Zoning District Map consist of changing the adopted land use designation of Project Site 1 from IS, Institutional Uses, to SF2, Single Family Detached and Project Site 2, between OS-2, Open Space-Park and CPF, Community Purpose Facility; and, C. Prior Discretionary Approvals WHLRb\S, Ihe devdopment orlhe Projeel Site has been the subject mailer of various entitlemcnls and agrecl11enb. 1T1cluding:l ) Salt ('reck Ranch General Development Plan (UDPj approved hy City ('ouncil Resolulion lSH75 1\11 September 25,1990 and amcndcd hy City Council Resolulion 2003-19H on May 1.1,21)03: 2) Sa!t Creek Ranch Sectional Planning Arca (SPA) Plan approved by City Council Re~ulutlon No. 16555 on ~:bn;h 24, 1 f)l)2 and amended by Cny (~ollncJ1 Resolution 2003-1 I)X un why \3,2003: 3) 'fhe Salt Creck Rancb Planned \.'ol11l11l1nil) District Regulations and Land lOse Map approved by ('ity Cnunc!1 Ordinance 1\0.2499 on April 7,19l>:?' and amended by Ordinance NIl. 2913 on May 20, 2()()3;4) Public Faeibties !-inane;ng Plan approved hy ('ity Council Resolution] 6555 on \'Iarch 24, 1992 and amended by Resolution 21100-190 on '\1'"1 10, 200 1;5) Tentative SubdiVision Tl-hlp l()r Salt ('rcek Ranch, Chula Viqa Tract 'J2.02 previOlbly approved byCil) ('oulleil Resolution No. I (,H 14 on October 6, 1'1')2 and amended by ('ity Cmll1cil Resolutioll NO. 2000-1 '10 on June 13. 2000: and 6) Agreement for Momtoring of Building Permits by (:ny Council Rt:solulion No, 2003-1 f>() Oil .\pril 15.2003: D. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on August 13, 2003 and voted to forward a positive recommendation to the City Council on the Project; and, WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on this project held on August 13,2003 and the minutes and resolution ;;>" Ordinance No. Page 2 resulting therefrom, are hereby incorporated into the record of this proceeding; and, E. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notice of said hearing, together with its purpose given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within SOO ft, of the exterior boundaries of the Project Sites at least ten days prior to the hearing; and, WHEREAS, a duly called and noticed public hearing was held before the City Council of the City ofChula Vista on August 3, 2003 on the Project discretionary approval applications, and to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same, F, Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council hearing at which this Ordinance was introduced for first reading on September 3, 2003, the City Council of the City of Chula Vista approved Resolution by which it adopted the amendments on the City ofChula Vista General Plan, Salt Creek Ranch General Development Plan and Sectional Planning Area (SPA) Plan, NOW THEREFORE, the City ofChula Vista does hereby find, determine and ordain as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at is public hearing on August 1 3, 2003, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. I'REVIOUS FEIR 89-03 AND FSEIR-91-03 IU:Vn:W~:D AND CONSIDERED; FINDINGS; APPROVALS The City Council of'thc City ofChu]a Vista has previously reviewed, analyzed. considcred. and certified FEIR-89-03 and FSElR <)1-03, Salt Crcek Ranch. III, CERTIFICATION OF COMPLIANCE WITH CEQA The Environmental Review Coordinator has determined that any impacts associated with the proposed amendments have been previously addressed by FEIR 89-03 and FSEIR 91-03, Salt Creek Ranch and has, therefore, prepared an Addendum to said FEIR and FSEIR. The anlendments are in substantial conformance with the Salt Creek Ranch GDP and SPA on which the FEIR and FSEIR analysis was based and therefore, approval and implementation ofthe GDP/SP A amendments does not change the basic conclusions ofthe FEIR and FSEIR. The Addendum has been prepared in accordance with requirements of the California "3..L Ordinance No. Page 3 Environmental Quality Act, State EIR Guidelines and the Environmental Review Procedures of the City ofChula Vista, III. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the Addendum to FEIR 89-03 and FSEIR 91-03, reflects the independent judgement of the City Council ofthe City ofChula Vista and hereby considers the Addendum to FEIR 89-03 and FSEIR 91-03, Salt Creek Ranch. IV. FINDINGS FOR P-C PLANNED COMMUNITY ZONE AMENDMENTS The City Council hereby finds that the proposed amendments to the Salt Creek Ranch Planned Community District Regulations are consistent with the City of Chula Vista General Plan, as concurrently amended, and public necessity, convenience, the general welfare and good zoning practice support the amendment. V. APPROVAL OF ZONE AMENDMENTS The City Council does hereby approve the amendments to the Salt Creek Ranch Planned Community District Regulations, Land Use Districts Map as represented in Exhibit B. VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Ordinance 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 unenforcable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio, VIII. EFFECTIVE DATE This ordinance shan 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 Director of Planning and Building Ann Moore City Attorney '3=5 EXHIBIT A LOCATOR ~'f IIIIIIII~ ~IIIIIW/ I). I:U~~ ~r SV-oo;~ 1- ~-!- t:: J-- 11.J!=;=1== 'i:: ~ ~~r- ~; ~ :;<,:f' :< ~ D ~~~~./):'~) --V PROJECT 1\ I\>(\;:X/\ ...Jj/,.;.;,;; =S: ~ LOCATION Ir fTr >-- - .,', '';~~ - c::: ~;;, (NEIGHBORHOOD 7) r:;y - '~~ IY~/'^\\'--\\IV~~ >y ~I \\ \5g~~~ ~ f- j:::{<crID..\ ~ ........ ~ PROCTOR VALLEY ROAD ~./' --------- AI1l ~ I) $-ilJJ111111UJ-?,/> ............. ~\\ -ZV; D 1= 7/ 'UIIIIIII ~\;:: )cATION ~1 >:::rT-r- /" - / t =i= =fA 2s: f\--v>-r I~ - -, t: t= ~ c-=7 ~ ~ ~ ::: --'?} J" =x: F--:::\ 7 ~ ~ ~,\ 0 RP ~ ,urrnYfil; = -'<21// Ir y .;, ,\" ~ _ :::V~ __ 7 ,~/~r- ~ A J~~ ( ~ - i. \ \\~% ~ I\'~~%\\ I ~~~~ ~~~~ ROLLING HILL~ RANCH = ~~~ " -- LOCATOR ~<," EXHIBIT B ZONING DISTRICT MAP 3~ . \\ A " ~\ .,,0% "'i~'3:m ~tT\~~~ -~ ~O U) ~-t...:.tT\o oo~o~ rn::-==~~ -t~'%-o ~~~~o ffi'(j)-t~o o%so~ -00'% ~'% ~ 0% . ...-03:r.rn "O~~~>Q c:.OtT\~'%~ ~::'%tT\~U) O~~~oo %"'l)loo::tT\~ "'i~~~o ~OJo~'%o -~~.)I>O C~" ::100 ~ 'i~ ~ ~ - \'" ,\~ fJ) N~ ~~ Z(") ~Wt ~rn ~" ~?3 ~~ ~(") :x. ~ffi@@~\ ~8ffi~@\~~ \ \\ \ \\\\ \hH' \ :q > ~~ ATTACHMENT 4 AMENDMENT PAGES (SEE SEPARATE BINDER) ATTACHMENT 5 LETTER FROM SCHOOL DISTRICT ~~ BOARD OF EDUCATION CHERYL s. COX, Ed.D. LARRY C1!NNINGHAM PATRICKA.JUDD BERTHA J. L6PEZ PAMELA B. SMITH SUPERINTENDENT lOWELl J. B1LllNCS, Ed.D. CHULA VISTA ELEMENTARY SCHOOL cDISTliTCT-'::;--~,;;'-, , ,.-.'.:-_-:? _.:.!_:.-.::.~_:-. ~ 84 EAST "J" STREET' CHULA VISTA, CALIFORNIA 91910 . 619425-9600 !. MAY 1 h 2003 EACH CHiLD IS AN INDIVIDUAL OF GREAT WOR~H L _ ____.. __ __ .., May 12, 2003 ! Pi." ""3 ---------_. . -- -~ -- ----._- Mr, Jeff Steichen Associate Planner City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mr. Steichen: Re: GPA & GDP/SPA Amendment for Rolling Hills Ranch School Conversion Project Case No. 03-24 (AC-263) Thank you for giving us the opportunity to review the GDP/SPA Amendment for the above-mentioned project. Chula Vista Elementary School District has already constructed one school (Thurgood Marshall Elementary) in Rolling Hills Ranch (RHR) on MacKenzie Creek Road, After evaluating the feasibility of constructing a second elementary school in the RHR development, the District concluded that this site was not needed for construction of an elementary school and released the site to McMillin Companies for additional residential development. In addition to :rhurgood Marshall Elementary, two other elementary schools will serve students from the RHR development, San Miguel Ranch (SMR) on Proctor Valley Road, and EastLake Woods on Gtay Lakes Road, The SMR elementary school will open in the summer of 2004 on a year round calendar. The EastLake Woods school will open shortly thereafter. If additional information is needed, please give us a call. Sincerely, ~~ Susan Fahle Assistant Superintendent for Business Services & Support SF:dp 40 4--1 ATTACHMENT 6 ADDENDUM ADDENDUM TO ENVIRONMENTAL IMPACT REPORTS FEIR 89-03 AND FSEIR..91-03 PROJECT NAME: Rolling Hills Ranch (formerly Salt Creek Ranch) Neighborhood 7; Elementary School Site conversion to Single-Family Residential PROJECT LOCATION: Hunte Parkway and Proctor Valley Road PROJECT APPLICANT: McMillin Rolling Hil1s Ranch, LLC CASE NO: IS-03-26 DATE: August 7,2003 I. BACKGROUND The Salt Creek Ranch Environmental Impact Report (EIR-89-03) and Supplemcntal Environmental Impact Report (EIR-91-03) evaluated the environmental impacts associated with the development of Salt Creek Ranch Subareas 1-3. The General Development Plan and accompanying EIR (FEIR-89-03) were originally certified on September 2S, 1990. The Sectional Planning Area (SPA) plan and accompanying EIR (FSEIR-9t-03) were certified on March 24, 1992, The Salt Creek Ranch SPA Plan delineates an elementary school in the western portion of Neighborhood 7. In response to the Chula Vista Elementary School District's decision not to utilize this site within Neighborhood 7, the applicant proposes to amend the City's General Plan, the Salt Creek Ranch General Development Plan, and SPA Plan, in order to convert the project site from a current land use designation of School/Low Density Residential to Low-Medium Residential. The applicant has also proposed a revised Tentative Map to subdivide the 10,acre school site into 43 single-family lots. Also included with tbis application is a minor boundary adjustment in Neighborhood 8 in order to change the location of the boundary between the Community Park and Community Purpose Facility ("CPF") site in this neighborhood, The subject boundary adjustment only affects the boundary line between the CPF site and the City park and does not affect the acreage of either site. The 3-acre CPF site will be reconfigured into two separate parcels of approximately 1,25 and 1. 7S acres in size. Minor extensions in existing infrastructure would be made to serve the CPF parcels. Because this is minor technical adjustment and the acreages of neither site change, the proposed boundary adjustment is considered to be covered under FElR-89-03 and FSEIR-91- 03 and no further analysis is warranted, This environmental analysis presented within this document will only address the school site conversion, Addendum to EIR's 89.03 and 91 03 08107103 1 l.iL II. PROPOSED AMENDMENTS The applicant has applied to amend the City's General Plan, as well as the Salt Creek Ranch General Development Plan and SPA Plan, in order to convert a vacant 10-acre elementary school site (with an underlying land use designation of Low Density Residential) into a Low Medium Residential land use, and requests a Revised Tentative Map to create 43 single-family residential parcels. Also included with this application is a minor boundary adjustment in Neighborhood 8 in order to change to the location of the boundary between the Community Park and Community Purpose Facility ("CPF") site in this neighborhood. The proposed discretionary actions associated with the amendment include the following: 1) Chula Vista General Plan Amendment to change the land use designation of the 10 acre site from School/Low Density Residential (0 - 3 dulac) to Low Medium Residential (3 6 dulac). 2) Salt Creek Ranch General Development Plan Amendment to change the land use dcsignation for the 10 acre site from School/Low Density Residential to Low Medium Residential 3-6 dulac in Neighborhood 7, and change land use designations associated with a minor boundary adjustment in Neighborhood 8 between a CPF site and a City park. 3) Salt Creek Ranch SPA amendment to change the land use designation for the 10 acre site from School/Low Density Residential to Low Medium Residential 3 6 du/ac in Neighborhood 7, and change land use designations associated with a minor boundary adjustment between a CPF site and a City park. 4) Salt Creek Ranch PC District Regulations modified to change the designation for a 10 acre site from School!Low Density Residential! to Low Medium Residential in Neighborhood 7, and change the land use designation for portions of a CPF site and City park in Neighborhood 8 between "OS-2" and "CPF", S) Amendment to the Salt Creek Ranch Design Guidelincs to reflect the change in land use, 6) Tentative Subdivision Map to divide the 10 acre site into 43 lots with a minimum lot size of 6,000 square-feet. The California Environmental Qnality Act Guidelines (gISI62) establishes the conditions under which a subsequent EIR shall be prepared. A. When an ErR has been prepared for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in 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 EIR 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 circumstances under which the project is undertaken which will require major revisions to the EIR due to the Addendum to EIR's 89-03 and 91-03 08/07/03 2 Cf~ 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 prepared, B. If changes to a project or its circumstances occur or new information becomes available after preparation of an EIR, the lead agency shall prepare a subsequent EIR if required under Subsection A, Otherwise the lead agency sha1l determine whether to prepare a subsequent Negative Declaration, an addendum or no further documentation (Guidelines 9IS162). Section ISl64 of the State CEQA Guidelines provides that: A. The lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section IS 1 62 calling for preparation of a subsequent EIR have occurred. B. An addendum need not be circulated for public review but can be included in or attached to the final EIR. C. The decision-making body sha1l consider the addendum with the final EIR prior to making a decision on the project. D. A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section ISI62 should be included in an addendum to an EIR, the lead agency's required findings on the project, or elsewhere in the record, The explanation must be supported by substantial evidence. This addendum has been prepared pursuant to the requirements of Section ISl64 of the State CEQA Guidelines, Converting the School/Low Density Residential land use designation to Low Medium Residential does not constitute a substantial change to the previously approved project, nor would there be a substantial change in circumstances under which the project would be constructed, and no new information of substantial importance has been presented. The modifications proposed would not result in any environmental effects that were not considered in FELR 89-03 and FSEIR 91-03, nor would the changes increase the severity of any of the impacts identified in these EIRs. The mitigation measures identified in these documents would be equally applicable to the revised project. Therefore, in accordance with Section ISI64 of the State CEQA Guidelines, the City has prepared the following addendum to FEIR 89-03 and FSEIR-91-03. Addendum to EIR's 89-03 and 91-03 08107/03 3 '-fL.( III. ANALYSIS Lalld Use: The applicant is proposing to eliminate the 10-acre elementary school site located in RHR Neighborhood 7 by amending the City's General Plan, the RHR General Development Plan and SPA Plan to convert the school site into single-family residential land uses. The school site would be subdivided in 43 single-family residential parcels with a minimum lot size of 6,000 square-feet. The 6,000 square-foot parcels would result in a density of 3-6 units per acre. Since the General Plan designation for the site is low density (0-3 units per acre), a General Plan amendment is required in order to accommodate the increased density. The proposed density is compatible with the densities of the surrounding neighborhoods within the RHR SPA plan. The 43 single-family parcels will be transferred from other neighborhoods within RHR which were not developed to maximun1 density. The proposed amendments would not conflict with surrounding land uses, since the overall residential character of the proposed uses would be similar to existing surrounding land uses. No additional impacts to land use beyond those anticipated in FEIR-89-03 and FSEIR-91-03 are anticipated and the mitigation measures identified in said EIR's would be equally applicable to the revised configuration ofland uses. Trallsportatioll, Circulatioll alld Access As illustrated in Table 3, the proposed project would result in approximately 470 fewer daily traffic trips within RHR Phase II as compared to the adopted land use plan evaluated in FEIR-89- 03 and FSEIR 91-03, Table 3: Estimated Project Traffic Generation for Phase II Estimated GDP Traffic Designation Neighborhood Approved Proposed Difference Generation DU's DU's LM 7a 58 58 0 580 L 7b 138 138 0 1380 LM 7c 0 43 + 43 430 L 8 242 242 0 2420 School 10 ac 0 -lOac - 900 Difference -470 The proposed amendments would not cause any additional impacts to the surrounding roadway circulation system, and would not require additional mitigation beyond that required in FEIR 89- 03 and FSElR-91-03. No additional impacts to traffic and circulation are anticipated and the mitigation measures identified in FElR 89-03 and FSElR 91-03 would be equally applicable to the revised project. Addendum to EIR's 89-03 and 91-03 08/07/03 4 L{'-) Water Quality and Drablage A revised drainage study, dated April 28, 2003, was prepared by Hunsaker and Associates to evaluate the change in drainage patterns and runoff rates for the proposed project. The drainage study indicates that the proposed residential uses will not result in an increase in peak runoff rates relative to those generated ftom the plmmed school site, On-site drainage facilities for the project would be constructed as part of the site development. Modifications to the SPA Plan and Tentative Map for Neighborhood 7C would not result in any previously unidentified water impacts, and the mitigation measures identified in FEIR 89-03 and FSEIR 91-03 would be equally applicable to the revised configuration ofIand uses, Public Services and Facilities Water and Sewer: Tables 4 and S depict the estimated sewage generation and water demand for the proposed project. Although there is a sight increase in the sewer generation and water demand figures noted below, the regional sewer and water facilities planned and approved within RHR have bcen sized to accommodate a greater number of dweIJing units than will actually be built in the project as a whole. The slight increase in the sewer and water figures for Phase II noted below have been offset by a decrease in the overalJ numbcr of dwelling units to bc constructed within the entircty of Rolling Bills Ranch. Thc proposed amendments would not affect the analysis previously provided in these documents. No impacts to water and sewer are anticipated and the mitigation measures identified in FEIR 89-03 and FSElR 91-03 will be applicable to the revised project. Table 4: Estimated Sewage Generation for RHR Phase n Estimated GDP Sewerage Designation Neighborhood Approved Proposed Difference Average Unit Generation DU's DU's Flow LM 7a 58 58 0 265 gDd/unit 15,370 L 7b 138 138 0 265 Qnd/unit 36,570 LM 7c 0 43 +43 265 gpd/unit +11,395 L 8 242 242 0 265 gDd/unit 64,130 School 10 ac 0 -lOac 15 gpd/student -6,885 Difference +4,510 08/07/03 Addendum to EIR's 89-03 and 91-03 5 lflt; Table 5: Estimated Water Demand for RHR Phase II GDP Designation Neighborhood Approved Proposed Difference Unit Demand Annual DU~s DU's ac-ft/vr Demand LM 7a 58 58 0 500 pndldu 116 L 7b 138 138 0 500 ""dldu 276 LM 7c 0 43 +43 500 ""dldu +86 L 8 242 242 0 500 Qndl du 484 School 10 ac 0 -lOac 1,785 gpdlac -20 Difference +3,650 Parks The proposed amendments would result in a minor increase in parkland demand within RHR. The project applicant would be required to compensate for any changes to the required park acreage clsewhere in RHR and would be subject to the payment of park acquisition and development fees prior to the approval of final maps. The park acquisition and development fees would address any additional demand for park space caused as a result ofthe project. Thereforc, no significant impacts to park lands beyond those identified in FEIR-89-03 and FSEIR-91-03 are anticipated and the mitigation measures identified in the subject fIR's will be applicable to the revised project. Schools: The Chula Vista Elementary School District has notified the City of Chula Vista in writing (on file with the City of Chula Vista) that the school site in Neighborhood 7 is surplus and will not be utilized for the construction of an elementary school. Rolling Hills Ranch is planned for a build out of 2,662 dwelling units. Neighborhoods 1 through 8 arc largely completed and future development will consist of mainly Ncighborhoods 9 through 12, All future developmcnt is projected to be completed by the year 2007. This consists of 168 multi-family units and 1,172 single-family units. Approximately 1,322 dwelling units have been constructed in Rolling Hills Ranch, Thurgood Marshall Elementary School has been constructed within Ro1ling Hills Ranch and 2003 enro1lment is SS9 with 191 seats available. The remaining 1,340 units which includes 168 multi-family units, is expected to generate 402 elementary students. Based upon maximum elementary school capacities, it is anticipated that the projected 402 elementary school students generated by future development in Rolling Hills Ranch will be accommodated by the remaining capacity in the Thurgood Marsha1l Elementary School and/or elementary schools to be constructed by 200S in San Miguel Ranch and Eastlake III. The original Rolling Hi1ls Ranch SP A plan assumed that two elementary schools might be needed to serve not only RHR, but also San Miguel Ranch and possibly portions of Eastlake III. In 1991, when RHR was being processed by the City of Chula Vista, the timing of approval and number of units for San Miguel Ranch was not known. According to the Chula Vista Elementary School District, the second elementary school in RHR was planned to accommodate future students generated by RHR in the unlikely event that either San Miguel Ranch or Eastlake 1lI were not approved and did not 08107/03 Addendum to EIR's 89-03 and 91-03 6 41 provide additional elementary school sites, Since there will be three elementary schools serving the site, the Neighborhood 7c site is not needed, The proposed amendments are the resuJt of the Chula Vista Elementary School District declaring the elementary school site as surplus. IV. CONCLUSION Pursuant to Section ISI64 ofthe State CEQA Guidelines, and based upon the above discussion, I hereby find that the project revisions to the proposed project will result in only minor technical changes or additions which are necessary to make the Environmental Impact Reports adequate under CEQA. l1~/j?~)J)' Marilyn f. i P';;;seggi Environmental Review Coordinator References: General Plan, City ofChula Vista Title 19, Chula Vista Municipal Code City of Chula Vista Environmental Review Procedures Salt Creek Ranch SPA Plan and ErR's 08/07/03 Addendum to EIR's 89-03 and 91-03 7 '-t<t ~C1 ATTACHMENT 7 DISCLOSURE STATEMENT Appendix B THE C,. , OF CHULA VISTA DISCLOSURE Slr\(EMENT 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. Me MILI.II-I Onl UN!. U-ILLt; tl.AJoJ.CU/ u...c 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, -H1.E./l.c.~ PAl2-i'tJ~ t.../MI teJ> VI'rIl.TNE/2.SIJ-IP) A MLI'.A\\..\..I ~ COW\PANIE>) LtC: ) A .DI!LAWAI'Le LIMIT'G.D L'A:BIUt"-! () f:LAwAtE UMlreD rAIT. Co. 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""'------ 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. Cl2Al"- Fl,,\,lUI.yA-MA I-l-UN.$At..61Z. ~ A-SSoC/A iEE-$' --TOMAS ~()MPl.b "':pLlD bLA'I~ A-sSIZ.,A'fISS To "^ 10 IV\ LI tJ So I\J 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 V If yes, state which Councilmember(s): (NOTE: ATTACH ADDITIONAL PAGES AS NECESSARY) Date: \2- Iia-D"Z.. rI .4fc-J.~ Sig ature of contracto pplicant J5'-1D ~(tJf't Print or type name of contractor/applicant * Person is defined as: "Any individual, firm, co-partnership. joint venture, association, social club, freatema' organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and country, city municipality. district. or other political subdivision, or any other group or combination acting as a unit. " <:;'-1.) PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: O!!/ll/Ol 1f ITEM TITLE: PUBLIC HEARING: PCS 03-13; Consideration of Tentative Subdivision Map to divide approximately 10 acres into 43 single family 10ts.-McMillin Development Company. The applicant, McMillin Development Company, submitted an application for a tentative subdivision map to divide a 10 acre lot into 43 single-family Jots. The Project is located on the west side of Duncan Ranch road, north of Proctor Valley Road ("project site"). The Environmental Review Coordinator has determined that any impacts associated with the proposed tentative subdivision map have been previously addressed by FEIR-89-03 and FSEIR- 91-03 , Salt Creek Ranch and has, therefore, prepared an Addendum to said FEIR and FSEIR. The Tentative Map is in substantial conformance with the conceptual tentative map and grading plans on which the FEIR and FSEIR analysis was based and, therefore, approval and implementation of the Tentative Map does not change the basis conclusions of the FEIR and FSEIR, The Addendum has been prepared in accordance with requirements of the California Environmental Quality Act, State EIR Guidelines and the Environmental Review Procedures of the CityofChula Vista. RECOMMENDATION: Adopt attached Resolution PCS 03- ] 3 recommending that the City Council approve the proposed tentative subdivision map based on the findings and subject to the conditions contained in the attached City Council Resolution. DISCUSSION: I. Background The staff report for the previous item on tonight's agenda regarding amendments to the General Plan and Salt Creek Ranch GDP/SP A includes a a detailed discussion of the issues regarding the use of the fonnerly designated school site for residential use. If the Planning Commission has detennined to recommend approval of the amendments, this action is required in order to subdivide the property into buildable lots. 2. Existing Site Characteristics The Project Site is a 10 acre irregular shaped parcel located on the west side of Duncan Ranch Road, north of Proctor Valley Road within Neighborhood 7. Surrounding land uses are as follows: Project Site East South West North Page 2, Item: Meeting Date: 0/1 VOl Existing Surrounding Land Uses Chula Vista GDP Land PC District Municipal General Plan Use (Land Use Existing Code Designation Designation District) Land Use PC (Planned Low Density School IS Vacant Community) Residential (Institutional Uses) PC (Planned Low Density L(Low SF! (Single Single-Family Community) Residential (0-3 du/ac) Density Family Residential Residential) Residential) PC (Planned Low Density L(Low SF! (Sigle Single-Family Community) Residential (0-3 du/ac) Density Family Residential Residential) Residential) PC (Planned Open Space Open Space OS-!(Open Salt Creek Community) Space, Natural) PC (Planned Low Medimn LM (Low SF 3 (Single Single Family Community) Resideutial (3-6 du/ac) Medimn Family Residential Residential) Residential) 2. Project Description The Project, if approved, would consist of 43 sing1e family residential lots. Twelve lots would maintain a minimum lot size below 7000 square feet and the remaining thirty-one lots be a minimum lot size exceeding 7,000 square feet. The actual range of lot sizes is between 6,216 and l2,4S6 square feet. (see Attachment 2, Exhibit A). 3. Analysis The proposed subdivision consists of forty-three single family lots designed in a curvilinear fashion on both sides of a circular residential street. This is an infill project for a former elementary school site, Due to the existing topography, including surrounding slopes, the proposed layout is best suited for developing single-family lots on the site. Lots have been designed to be primarily perpendicular or radial to the proposed residential street. Due to their height (ranging up to 4S feet), the City has required that the tall slopes be contained within an open space lot to be maintained by an HOA. .:2. Page 3, Item: Meeting Date: 0/1 )Iln rlrr.lJbtlon Primary access to each of the 43 lots will be via Duncan Ranch Road. The public streets within the Project wiIJ contain a minimum of S6 foot wide right-of-way as prescribed in the circulation element of the General Plan and designed per City design standards and/or requirements, or modifications accepted by the Director of Engineering, A ffore!ohl " HOllsine Prior to approval of the first Final Map for the Project, the Developer wiIJ be required to either execute a Third Affordable Housing Agreement with the City or amend an existing affordable housing agreement to include an additional requirement for two low income households or the equivalent thereof (based upon five percent of the 43 residential lots which are requested to be created in Neighborhood 7C.) Porks one! Op"n Spoc" The Project's parkland development obligation has been satisfied by the improvement of an existing 7 -acre neighborhood park located on Mackenzie Creek Road and the dedication of land and the payment of development fees for a future 22+ acre community park located south of Proctor VaIJey Road between Duncan Ranch Road and Hunte Parkway. Schools The Project is conveniently located in close proximity to both the future elementary school in San Miguel Ranch and EastLake Woods. It is anticipated that both of these elementary schools wiIJ be constructed within the next two years. As a result, the Chula Vista Elementary School District has indicated that the Project Site is no longer needed for an additional future elementary school in Rolling Hills Ranch. nr~in~~e The current mass/rough grading of the Project Site aIJows for surface drainage only, Plans showing how the drainage wiIJ work for the individual project sites will be shown on the next grading plan submitted for review and approval by the City and will be required to comply with aIJ the City standards. S= The project is currently served by a pump station that pumps sewage to the Telegraph Canyon basin, Once the Salt Creek interceptor is constructed the project will flow by gravity to the Salt Creek sewer main. The Salt Creek sewer is anticipated to be operational by the end of this year or sooner. Improvement plans will be submitted for review and approval by the City. 3 Page 4, Item: Meeting Date: 0/1 VIH :water The Otay Water District has amended the Sub Area Master Plan for Ro]]ing Hi]]s Ranch to include Neighborhood 7C as a residential land use, The project is served by a 10 inch potable main from Duncan Ranch Road. Both the Otay Water District and the City wi]] review the improvement plans for the water improvements serving the project. CONCLUSION For the reasons stated above, staff recommends adoption of the Resolutions recommending that the City Council approve the tentative map based on the findings and subject to the conditions contained therein, Attechments 1 Draft Planning Commission Resolution 2. Draft City Council Resolution 3, Disclosure Statement J:planning/jeWRHR School Conversion/project files/pcrpt.tmdoc.v2doc 4 y- , I j I J. .llll//~\\I ,.." -\il~m~H\\ II-- .llJ - - ru\ r-- !.\ Ir -1.,J,. , 1== \ \.ill. Q--: \=~r- L~~~/'"" ~,( .J.- ~ ,~~~~ 1: I)--r- \- l- I III\"V r- IIIV/M\\ ~ I[~~ PROCTOR VAlLEY ROAD 1:::- .(\Jj III fill II 1/>-'-1..> 1-'"\ ---'- V .JITT) Lll \ \ \ Il.\.;,.j\ ;... ;:; 0T1(1111\\1\\]J:.J ~ ~ i--U1f rn ! ..ill \ \ HI, ~ J_ : li I U / /H ' y r-- ::'-< .r:! t---- F~r--:i ").'~~ h-.. '--' ( \::::' t-:;: \- --=r-- f "- I"X)... \;~ ;...--:... ~~'O) 1~~I---::--,'('~ V;''-''h ~~ 0~~ 7L ,i~~ ~~l~ -- -------; e / ~' ~ \ t~~ \\~ ~ = ~ ~ ~~~~lllS ,/" / ',' /,/./ " -', :; ; ; ;'.. ..-'~' PROJECT :<: ,; ;; ;: q-:r _'<...1 lOCATION ; -",~; ; : '. ~~' (NEIGHBORHOOD 7) I\l)' ~~ ' \}~ L -1 -W-. ~ "..-/\ .Y 1'Y ~ ------------ ....., /\' III II rY\h D- =1 ~ III 1/ r-- N-fl: :=\ ~ ""'~Y, ~~/_, ~ ='~YJ2'~ ~ ~S- ~~ - -, ;i ~ ~ I to~ y ~ ~a~ S LOCATOR ATTACHMENT 1 PLANNING COMMISSION RESOLUTION G RESOLUTION NO PCS 03-13 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE AND ESTABLISH CONDITIONS OF THE TENATIVE SUBDIVISION MAP FOR ROLLING HILLS RANCH, C~A VISTA TRACT 03-13 WHEREAS, duly verified application for a tentative subdivison map was filed with the City of Chula Vista Planning and Building Department on March 4, 2003 by the McMillin Land Development ("Developer") requesting approval to subdivide 10 acres into 43 single family lots ("Project"), and, WHEREAS the area of land, which is the subject of this Resolution, is located on the west side of Duncan Ranch Road, north of Proctor VaHey Road within the RoHing Hills Ranch Planned Community ("project site"); and WHEREAS, the Environmental Review Coordinator has determined that any impacts associated with the proposed tentative subdivision map have been previously addressed by FEIR-89-03 and FSEIR- 91-03, Salt Creek Ranch and has, therefore, prepared an Addendum to said FEIR and FSEIR, The Tentative Map is in substantial conformance with the Salt Creek Ranch GDP and SPA on which the FEIR and FSEIR analysis was based, and, therefore, approval and implementation of the Tentative Map does not change the basis of conclusions of the FEIR and FSEIR. The Addendum has been prepared in accordance with requirements of the California Environmental Quality Act, State EIR Guidelines and the Environmental Review Procedures of the City ofChula Vista; and. WHEREAS, the Planning and Building Director set the time and place for a hearing on the tentative map and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and tenants within SOO feet of the exterior boundaries ofthe property at least 10 days prior to the hearing; and, WHEREAS, the Planning Commission having received certain evidence on Augnst 13, 2003, as set forth in record of proceedings herein by reference as is set forth in full, made certain findings as set forth in their recommending Resolution PCS 03-13 herein and recommended to the City Council approval of the application based on certain terms and conditions; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p,m" August 13,2003, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the attached City Council 7 Resolution approving the Tentative Map for Chula Vista Tract 03- 1 3 in accordance with the findings and subject to the conditions contained therein, BE IT FURTHER RESOLVED THAT a copy ofthis Resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF C~A VISTA, CALIFORNIA, this 13th day of August, 2003, by the following vote, to- wit: AYES: NOES: ABSENT: Russ Hall, Chairperson ATTEST: Diana Vargas, Secretary g ATTACHMENT 1 DRAFT CITY COUNCIL RESOLUTION c I ATTACHMENT 2 DRAFT CITY COUNCIL RESOLUTION I 0 RESOI,UTION NO. RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP TO SIIBDIVIDE 10 ACRES LOCA TED AT THE SOUTHEAST CORNER OF DUNCAN RANCH ROAD AND Ht NT"E PARKWA Y. IN'T"O 43 SINGLE FAMILY RESIDENTIAL LOTS. I. RECITALS A. Project Site WHEREAS, the area of land whieh is the subject matter of this Resolution is diagrammatically reprcsentcd in Exhihit "A," copies of which are in the office of the City Clerk. attached hereto and incorporated herein by this reference, and commonly known as Rolling Hills Ranch Neighborhood 7C, and lor tbe purposc of genera1 description herein consists of approximately 1 U acres located at the southeast corner of Duncan Ranch road and Hunte Parkway (--Project Site"): and, n. Project; Application lor Discretionary Approva1 WHEREAS, a duly verified application was flied with the City ofChu1a Vista Planning and Building Departmcnt on Mmch 4, 2003, by !v!cMillin Development Company ("Developcr) requesting approval of a Tentativc Subdivision Map, Chula Vista Tract 113-13, to subdividc I (J acres into 43 residential single Jtllllily lots I "Project"): and, C. Prior Discretionary Approvals WHERLAS, the development of the Project Site has been the subject matter of various entitlements and agreements, including: I) Salt ('reek Ranch General Dcvclopment Plan (GDP) approved by City Council Resolution 1587S on Scptembcr 25, 19')11 and amendcd by CilY Council Resolution 211113-1 ')8 on May 13. 2u03; 2) Salt Crcek Ranch Sectional Planning Arca (SPA) Plan approved by City Council Resolution No. 16SSS on March 24, I ')n and amended by City Council Resolution200J-1 <J8 on May 13,20113; 3) The Rolling Hills Ranch Planned Community District Regulations and Land I ,se Map approved by City Council Ordinance No_ 24()<) on April 7,19')2 and amcnded by Ordinance :\0_ 2913 on May 20, 2U03,4) Public Facilities Financing Plan approvcd by City Council Res01ution 16SSS on March 24, 19'J2 and amended by Res01ution 2000-1 <)(} on April I II, 2001;S) T'c,ntative Suhdivision 1'vlap for Salt Creek Ranch, Chula Vista Tract 92-02 previously approved by City Conncil Resolution No. I ()1'34 on October 6, 1992 and amended by City Council Resolution NO. 2000-190 on .Iunc 13, 20(H): and 6) Agreement k)r Monitoring of Building l'ennits by City Council Resolution No_ 20OJ-I('() on April 15,20113; f I D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on thc TentatIvc Subdivision Map on August 13. 2003 and, ancr hearing staff presentation and public tcstimony, voted 6-0-0 to recommend that the City Council approve the Tentative Subdivision Map. Chula Vista Tract 03-13, in accordance with thc lindings and subject to the conditions listed below; and. E. City Council Rccord of Applications WI !EREAS, a duly callcd and noticcd public hearing on the Tentativc Subdivision Map was held before the City Council of the City ofChula Vista on September 2. 2u03 on thc Project and to receive the rccommcndations of the Planning Commission, and to hear public testimony with regard to same: and, WHEREAS. the City Clerk set thc time and place for a hearing on said Precise Plan and Tentative Suhdivision Map applications, and notice of said hcaring. togethcr with its purpose, was given hy its publication in a newspaper of general circulation in the City, and its mailing to propcrty owners within SOO It. of the exterior boundary of the projcct at least 10 days prior to the hearing; and. WHEREAS. the hearing was held at the time and place as advertised. namely 6:0() 1'.111. Septcmbcr 2, 2()l)3, in thc Council Chambers. 276 Fourth A venue, hct~')re the City Council and said hearing was thereal\er closed. NOW, THEREFORE, HE JT RESOL VED that the City Council does hereby Ilnd. dctenninc ancl rcsolvc as follows: II. PLANNING COMMISSION RECORD Thc proceedings and al1 c\ idence introduced bcfiJrc the Planning Commission at its puhlic hearing ou the Project application held on August 13,20(13, and the minutes and resolutions resulting therefrom, arc herchy incorporated into thc record ofthis proceeding, III. PREVIOUS FEm 8Q-03 AND FSEIR-91-03 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS Thc City Council of the City ofC'hula Vista has prcviously rev- iewed, analy/ed, considered, and eertilicd FEIR-R9-03 and FSEIR <)1-03, Salt Creek Ranch. 2 Id-. IV. COMPLIANCE WITH CEQA The Environmental Review Coordinator has determined that any impacts associated with the proposed tentative subdivision map have been previously addressed by FEIR-89-03 and FSEIR - 91-03 , Salt Creek Ranch and has, therefore, prepared an Addendum to said FEIR and FSEIR, The Tentative Map is in substantial conformance with the adopted Salt Creek Ranch GDP and SPA on which the FEIR and FSEIR analysis was based and , therefore, approval and implementation of the Tentative Map does not change the basis conclusions of the FEIR and FSEIR. The Addendum has been prepared in accordance with requirements of the California Environmental Quality Act, State EIR Guidelines and the Environmental Review Procedures of the CityofChula Vista. V. INDEPENDENT JUDGMENT OF CITV COliNCIL The City Council finds that the Addendum to FEll<. 89-03 and FSEIR '11-03, rellects the indepcndcntjudgment ofthc City Council of the City olThula Vista and hcrchy considers the AddendlllJ1to FSEIR 8'1-03 and FSEIR 9 I -03, Salt Crcek Ranch, VI. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473,S ofthe Subdivision Map Act, the City Couucil finds that the Tentative Subdivision Map, as conditioned herein for Rolling Hills Ranch 7C, Chula Vita Tract No, 03-13, is in conformance with the elements of the City's General Plan, based on the following: 1. Land Use The Rolling Hills Ranch Neighborhood 7C parcel, as amended, provides for Low Medium Density Residential (3-6 dulac) , The proposed subdivision provides for forty three residential single family lots to be developed on the 10 acre site, Thus, the project, as conditioned .is in substantial compliance with the Salt Creek Ranch GDP and SP A, and since the GDP and SPA are in substantial conformance with the General Plan, the Tentative Map is also in substantial conformance with the General Plan. 2, Circulation All on-site and off-site public streets required to serve the subdivision will be constructed or DIF fees paid by the developer in accordance with the Salt Creek Ranch Public Facilities Financing Plan, The public streets within the Project will be sized as prescribed in the circulation element of the General Plan and designed per City design standards and! or requirements, or modifications accepted by the Director of Engineering, The required and antieipated off-site improvements would be designed to handle this Project and future projects in the areao 3. Housing 3 I?:> The Salt Creek Ranch Comprehensive Affordable Housing Program has been adopted and will be modified to include an additional requirement for two housing units for low income households, or the equivalent thereof, based upon five percent of the 43 residential lots created in Neighborhood 7C. A condition of approval requires the Developer to enter into a Third Affordable Housing Agreement with the City to ensure that the affordable housing units as prescribed in the Affordable Housing Program, as modified, are constructed and delivered as prescribed, The Rolling Hills Ranch subdivision also provides a mix of housing types and lot sizes for single family, townhomes, and condominiums at various densities for persons of various income levels. 4. Conservation EIR 89-03 and EIR 91-03 address the goals and policies ofthe Conservation Element ofthe General Plan and fouud the development of this site to be consistent with these goals and policies, S, Parks & Building Construction, Open Space The Project's parkland development obligation has been satisfied by the improvement of an existing 7-acre neighborhood park located on Mackenzie Creek Road and the dedication of land and the payment of development fees for a future 22+-acre community park located south of Proctor Valley Road between Duncan Ranch Road and Hunte Parkway, 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 7. Safety The Fire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets the City Threshold Standards for emergency services. 8, Noise Noise mitigation measures included in the FEIR 89-03 and FSEIR 9] -03 adequately address the noise policy of the General Plan, The project has been conditioned to require that all dwelling units be designed to preclude interior noise levels in excess of 45 dBA and exterior noise exposure over 60 dBA for all outside habitable areas. 9, Scenic Highway The project site is located adjacent to designated scenic highways (Olympic Parkway), The project will be developed in compliance with Section 8 of the Land Use Element of the Chula Vista General Plan, 10. Bicycle Routes 4 I ~ Although no designated regional off-street bicycle routes are included as components of the internal circulation network, bicyclists will be readily able to share the internal streets with motor vehicles due to low traffic volume and limited speeds allowed, Bicycle route segments to connect to regional systems have been incorporated as prescribed by the Circulation Element of the General Plan, On-street bike lanes are included on the adjacent arterial highways. The bike lanes wi]] be paved components of the street systems indicated. 11. Public Buildings No public buildings are proposed on the project site. The project is subject to RCT fees prior to issuance of building permits. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this proposal on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources, C. The configuration, orientation and topography of the site partially allows for the optimum setting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473,1. D. The site is physically suited for residential development and the proposal conforms to all standards established by the City for such project. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extend to the impact created by the proposed development. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below, VII. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract 03-04, Final Environmental Impact Report and Final Supplemental Environmental Impact Report for the Salt Creek Ranch Sectional Planning Area (SPA) Plan and associated Mitigation Monitoring and Reporting Program, except as modified by this Resolution. B. Implement Mitigation Measures Developer sha]] diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Environmental Impact Report and Final Supplemental Environmental Impact Report for the Salt Creek Ranch Sectional Planning Area (SPA) Plan and associated Mitigation Monitoring and Reporting Program. Any such measures not satisfied by a specific condition ofthis Resolution or by the project design shall s IS be implemented to the satisfaction ofthe Director of Planning & Building and Environmental Review Coordinator. Mitigation Measures shall be monitored via the Mitigation Monitoring Program approved in conjunction with FEIR 89-03 and FSEIR 91-03, Modification of the sequence shall be at the discretion ofthe Director of Planning & Building should changes in the circumstances warrant such revision. C. Implement Public Facilities Financing Plan Developer shall install public facilities in accordance with the Salt Creek Ranch Public Facilities Financing Plan, as amended or as required by the Director of Engineering, to meet the threshold standards adopted by the City ofChula Vista, The Director of Engineering and Planning & Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision, D. Design Approval The Developer shall develop the lots in accordance with the Salt Creek Ranch Planned Community District Regulations, E. Contingency of Project Approval Approval ofthe Tentative Map is contingent upon the approval of the GDP/SP A amendment (PCM 03-24) and Ordinance taking effect. VIII. SPECIAL CONDITIONS OF APPROVAL Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's satisfaction prior to approval of each final map. I. All ofthe terms, covenants and conditions contained herein shall be binding upon and inure to the benefit ofthe heirs, successors, assigns and representatives ofthe Developer as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant". (Planning and Building) 2. The Developer shall comply with all requirements and guidelines ofthe City ofChula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual, Chula Vista Design Plan, Subdivision Manual, Salt Creek Ranch Affordable Housing Program, Salt Creek Ranch General Development, SPA Plan, Salt Creek Ranch Planned Community District Regulations and Public Facilities Financing Plan; FEIR 89-03, FSEIR 91 -03 and Addendum; Agreement for Monitoring of Building Permits per Resolution 2003- 160; all as may be 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 materia] modifications shall be subject to approval by the City Council. (Planning and Building) 3. If any of the terms, covenants or conditions contained herein shall fail to occur or ifthey are, 6 I~ 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 Developer shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City, (Planning and Building) 4, In the event of a filing of a Final Map for the Project which requires over sizing of the improvements necessary to serve other properties, said Final Map shall be required to install all necessary improvements to serve the Project plus the necessary over sizing of facilities required to serve such other properties as determined by City Engineer (in accordance with the restrictions of state law and City ordinances). (Engineering) STREETS and RIGHT OF WAYS S. Concurrent with approval of each Final Map for the Project, the Developer shall submit Improvement Plans for the applicable neighborhood for review and approval by the City Engineer, Director of General Services and the Director of Planning and Building. 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 on the Tentative Map, and as may be amended from time to time and 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, fire hydrants and street light locations, subject to the approval of the City Engineer. (Engineering) 6, Prior to the issuance of each street construction permit for the Project, the Developer shall prepare and secure, to the satisfaction of the City Engineer and the Director Of General Services, for parkway and median landscape and irrigation plans. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and the Rolling Hills Ranch SPA Plan, as may be amended from time to time. Applicant shall install all improvements in accordance with approved plans to the satisfaction ofthe Director Of General Services and the City Engineer. (Building & Park Construction, Engineering) 7, Prior to the approval of the first Final Map for the Project, the Developer shall construct or enter into an agreement to construct and secure all street improvements as required by City Engineer, for each particular development phase, as may be amended from time to time. The Developer shall construct the improvements and provide security satisfactory to the City Engineer and City Attorney. (Engineering) 7 ( -I 8. Concurrent with the first Final Map for the Project, submit and receive the approval from the City Engineer of a lot line adjustment, to the satisfaction of the City Engineer, between the western boundary of the Project and Lot "A" of Map No. 14164, 9, Prior to approval of each Final Map, the Developer shan acquire and then grant to the City an off-site rights-of-way and easements necessary for the instanation of required street improvements and/or utilities, (Engineering) 10. Developer shall, prior to the issuance of each rough grading permit proposing to grade individual lots and streets for the Project, submit a study showing that an curb returns for any intersection in excess of 4% grade, located within the permit boundaries, and an driveways within public right-of-ways, comply with ADA standards at the front and back of sidewalks to the satisfaction of the City Engineer. (Engineering) 11. Developer shall notifY the City, at least 60 days prior to consideration of the approval ofthe applicable Final Map by City Council, if off-site right-of-way and easements cannot be obtained as required by these conditions, (Only off-site right-of-way or easements affected by Section 66462,S of the Subdivision Map Act are covered by this condition,) After said notification the Developer shall: a, Pay the full cost of acquiring off-site right-of-way or easements required by the Conditions of Approval of the Tentative Map, b, Deposit with the City the estimated cost of acquiring said right-of-way or easements. Said estimate is subject to the approval of the City Engineer. c, Have all right-of-way and/or easement documents and plats prepared and appraisals complete, as necessary to commence condemnation proceeding, and as determined by the City Engineer. d, Request that the City use its powers of Eminent Domain to acquire right-of- way, easements, or licenses needed for off-site improvements, or work related to the final map. The Developer shan pay all costs, both direct and indirect, incurred in said acquisition, e. Items a, b, and c above shall be accomplished prior to the approval of the applicable final map. (Engineering) 12. The Developer shan grant on the applicable Final Maps sight visibility easements to the City ofChula Vista for corner lots, as required by the City Engineer, to keep sight visibility areas clear of any obstructions. Sight visibility easements shan be shown on grading plans, improvement plans, and final maps to the satisfaction of the City Engineer. (Engineering) ]3, 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) 14. Street cross sections shall conform to the cross sections shown on the tentative map, unless otherwise conuitioned or approved herein, An other design criteria shan 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. (Engineering) 8 (~ 1 S. The Developer shall 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) 16, The Developer shall 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 ISO ft, in length (as measured from the nearest street centerline intersection). (Engineering) 17. The Developer shall 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 City ofChula Vista policies, where a conflict exists, the City ofChula Vista policies shall prevail. Lighted SAG vertical curves may be permitted, with the approval of the City Engineer, at intersections per AASHTO standards. (Engineering) IS. Prior to approval of each Final Map, the Engineer-of- Work shall submit and obtain approval by the City Engineer a waiverrequest for all subdivision design items not specifically waived on the Tentative Map, and not conforming to the 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) 19. The Developer shall construct sidewalks and construct pedestrian ramps on all walkways to meet "Americans with Disabilities Act" standards and subject to approval of the City Engineer. In the event the Federal Government adopts ADA standards for street rights-of- way, which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced, (Engineering) 20. The Developer shall not install privately owned 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: 1. Apply for an encroachment permit for installation of the private facilities 9 IS within the public right-of-way; and, 11, Maintain membership in an advance notice such as the USA Dig Alert Service; and, 111. Mark out any private facilities owned 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) 21. Street names shall be as on the approved tentative map, or as otherwise approved by the Director of Planning and Building and City Engineer. (Planning, Engineering) 22, Prior to approval of each Final Map, the Developer sha11 agree to install permanent street name signs, and shall insta11 such signs prior to the issuance of the first building pern1it for the applicable final map, (Engineering) 23. Provide security in accordance with Chapter 18.16 of the Chula Vista Municipal Code, dedicate, and construct full street improvements for all streets shown on the Tentative Map within the subdivision boundary or off-site, as deemed necessary by the City Engineer to provide service to the subject subdivision, in accordance with Chula Vista Design Standards, Chula Vista Street Standards, Chula Vista Subdivision Manual, and approved Tentative Map, unless otherwise approved by the City Engineer. Said street improvements shall include, but not be limited to, asphalt concrete pavement, base, eurb, gutter and sidewalk, sewer, water treatment facilities, water quality force mains and pumps, drainage facilities, street lights, traffic signals, signs, striping, fire hydrants and transitions to existing improvements in the manner required by the City Engineer. The amount ofthe security for required improvements, including landscape and irrigation plans, sha11 be )) 0% of a construction cost estimate approved by the City Engineer and the Director Of General Services if related plans have been approved by the City, 1 SO% times the approved cost estimate if related plans are being processed by the City or 200% times the construction cost estimate approved by the City Engineer and the Director Of General Services if related plans have not been submitted for City review. A lesser percentage may be required if it is demonstrated to the satisfaction ofthe City Engineer and the Director Of General Services that sufficient data or other information is available to warrant such reduction. (Engineering) OPEN SP ACEIENVIRONMENT AL 24. The approval of this map by the City ofChula Vista does not authorize the applicant to violate any Federal, State or City laws, ordinances, regulations or policies, including but not limited to 10 ,)0 the Federal Endangered Species Act of1973 and any amendments thereto (16 U,S,c. Section lS3l et seq.). (Planning & Building) DRAINAGE 2S. The Developer shall prior to approval of any grading plans; submit hydrology and hydraulic studies, and calculations demonstrating the adequacy of downstream drainage structures, pipes and inlets, (Engineering) 26, All private storm drains from the Project shall connect into the public storm drain system at a structure such as a cleanout or catch basin. (Engineering) 27, Prior to the approval of the first Final Map for the Project, or issuance of the first grading permit for the Project, whichever occurs earlier, enter into an agreement with the City of Chula Vista, wherein the Developer agrees to the following: a. Comply with the requirements ofthe 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 ofthe NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non- compliance results fTom 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, c, 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 ofthese improvements and shall not interfere with the right of any person to vote in a secret ballot election. The above noted agreement shall run with the entire land contained within the Project. (Engineering) 28, The quantity of runoff from the development shall be reduced to an amount equal to or less than the pre-development S-, 10-, 2S-, SO- and 100-year frequency storm. Retention/detention facilities and water quality basins will be constructed to the satisfaction of the City Engineer to reduce the quantity of runoff to 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 Developer and maintained by the HOA, or other mechanism as subject to approval of the City. The Developer shall also process and obtain any Resource or like Agencies permits for said facilities. (Engineering) 11 ..J 29. Storm drain systems that collect water rrom private property shall be designated private on grading and drainage and/or improvement plans to the point of connection with a public system. A grant of easements and encroachment agreement in a form acceptable to the City Attorney shall be required for all private drainage improvements within the public right of way or within C.F.D. maintained Open Space lots. (Engineering) 30, The Developer shall 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) 31. Storm drain design shall conform to the requirements of the Subdivision Manual and the Grading Ordinance as may be amended rrom time to time. Any modification to the storm drain plans will require an updated Urban Runoff Management Plan to address said modification as required by the City Engineer. (Engineering) 32. Storm drain clean outs shall not be located on slopes or in inaccessible areas for maintenance equipment. Public storm drains shall be installed as close to perpendicular to the slope contours as possible but in no case greater than IS degrees rrom perpendicular to the contours. (Engineering) 33. 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 ofthe slope or a drain inlet connected to an underground storm drain, The Developer shall ensure that brow channels and ditches emanating rrom and/or running through City Open Space are not routed through private property. Brow ditches and channels rrom private property shall not be routed through City open space unless otherwise approved by the City Engineer. (Engineering) 34, Dry weather post-developed conditions shall be the same as pre-developed conditions, (Engineering) 3S. Prior to approval of each Grading Permit for the Project, the Developer shall demonstrate that first flush flows will be diverted to detention/infiltration basins or otherwise treated prior to their discharge to existing drainage courses in accordance with the Water Quality Technical Report, and as may be amended from time to time, (Engineering) 36. Prior to the recordation ofthe first Final Map for the Project, the Developer shall develop a post construction water quality maintenance and monitoring plan acceptable to the City Engineer identifying thresholds for all pollutants, the rrequency of monitoring, standards for record keeping, procedures and rrequency of maintenance and funding sources to implement the plan. (Engineering) 12 ..;>...).., 37, The developer shall design the storm drains and other drainage facilities to include BMP's to minimize non-point source pol1ution, satisfactory to the City Engineer. a. The Development shal1 comply with al1 applicable regulations established by the United States Environmental Protection Agency (USEP A), as set forth in the National Pol1utant 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. Further, the Developer shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shal1 implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities, The SWPPP shal1 include both construction and post construction pollution prevention and pol1ution control measures and shal1 identify funding mechanisms for post construction control measures, b. The developer shall comply with al1 the provisions ofthe NPDES Permit 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 dwel1ing units, The Developer shall incorporate in the project design water quality and watershed protection principal and post construction Best Management Practices (BMPs) selected for the project, in compliance with the NPDES Permit, to the satisfaction of the City Engineer. c. Prior to Final Map approval for the project, the Developer shall enter into an agreement with the City where Developer agrees not to 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 ofNPDES 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, The above noted agreement shall run with the entire land contained within the Project. d, Prior to approval of each final map, Developer shall enter into a maintenance agreement with the City, where Developer agrees to operate, maintain and monitor in perpetuity al1 private permanent BMPs deemed necessary by the Director of Engineering to provide service to said final map. Prior to Final Map approval, building permits, or at such time as required by the City Engineer for the Project, the Developer shall submit and obtain approval from the City Engineer of a maintenance program for the proposed post-construction BMP's, The maintenance program shall include, but not be limited to: 1) a manual describing the maintenance activities of said facilities, 2) an estimate ofthe cost of such maintenance schedule and activities, and 3) a funding mechanism for financing the maintenance program. 13 ,;1.:' e. Prior to approval of any grading, construction, and building permits for the project, the Developer shall demonstrate to the satisfaction ofthe City Engineer compliance with all of the applicable provisions of the municipal code, the City ofChula Vista Storm water Management Standards Requirement Manual (including the Regional Water Quality Control Board Municipal Permit 2001-01) and the City ofChula Vista SUSMP. The Developer shall incorporate into the project planning and design effective post-construction BMP's and provide all necessary studies and reports demonstrating compliance with the applicable regulations and standards, BMP's shall be identified and implemented that specifically prevent pollution of storm drain systems to the Maximum Extent Practicable (MEP) fTom certain project feature, land use, areas and activities, f. Indemnify, and hold harmless the City, it selected 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 fTom 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. GRADING 38, Prior to issuance of any grading permit based on plans proposing the creation of down slopes adjacent to public or private streets, Developer shall obtain the City Engineer's approval of a study to determine the necessity of providing guardrail improvements at those locations. The Developer 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 ofthe City Engineer. The guardrail study shall demonstrate adequate area exists for the installation of street trees along Duncan Ranch Road to the satisfaction of the Director of Planning and Building, The guardrail shall be installed per Caltrans Traffic Manual and Roadside Design Guide requirements to the satisfaction of the City Engineer. (Engineering) 39. Prior to the issuance of any grading permit which impacts off-site property, the Developer shall deliver to the City, a notarized letter of permission to grade and drain for all off-site grading. (Engineering) 40, All grading and pad elevations shall be within 2 feet ofthe grades and elevations shown on the approved tentative map or as otherwise subject to approval of the City Engineer and Director of Planning and Building. (Engineering) 41. The Developer shall submit to and obtain approval from the City Engineer and Director ofr 14 ,').. Y' General Services for an erosion and sedimentation control plan as part of grading plans, (Engineering, Department of General Sen'ices) 42. Indicate on all affected grading plans that all walls, which are to be maintained by HOA, shall be constructed entirely within open space lots. (Engineering) 43. Prior to issuance of each 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) 44. Locate lot lines at the top of slopes except as shown on the Tentative Map or as subject to approval ofthe City Engineer and Director of General Services, 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, General Sen'ices) 4S. Provide a setback, as determined by the City Engineer based, on Developer'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) 46, Design and construct the inclination of each cut or fills surface resulting in a slope no steeper than 2: I (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 (l.S:l) contingent upon: a. Submission ofreports 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) 47. The Developer shall 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) IS .,)..') 48. The 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) 49, The Developer will submit a drainage study to the satisfaction of the City Engineer for each grading permit showing that the interim conditions do not adversely impact downstream flows. (Engineering) SEWER SO. Prior to approval of the first Final Map for the Project, the Developer shall demonstrate to the City Engineer that there is adequate capacity to handle projected sewage flows for the entire Project. (Engineering) S 1, Sewer access points shall, unless otherwise approved by the City Engineer: a. Be located at the centerJine of streets or cul-de-sacs; and, b. Not be located on slopes or in inaccessible areas of maintenance equipment; and, c, Not be in the wheel tracks on Class I Collector Streets and above; and, d, Meet Regional Standard Drawing M-4 (Locking) if located within intersections of Class I Collectors and above; and, e, Have improved all-weather paved 12-foot wide minimum access to withstand a H-20 vehicle load or as otherwise approved by the City Engineer; and, f. Be provided at all changes of alignment of grade, (Engineering) S2, The Developer shall provide a sewer profile study for all deep sewer lines (1 S' in depth or greater), which indicates that no other feasible alternative exists. (Engineering) S3. Sewer Jines, which are greater than 20 feet in depth, shall use C-900 or C-90S class pipe or as otherwise approved by the City Engineer. (Engineering) S4. The Developer shall construct at its own cost and expense all off-site and on-site sewer facilities as required by the City Engineer to serve the Project. (Engineering) WATER SS, The Developer shall secure and agree with the Otay Water District to construct all water facilities (on and off-site) required per the Subarea Water Master Plan to serve the Project. 16 d-.0 (Engineering) S6. The Developer shall provide to the City a letter fj-om Otay Municipal Water District indicating that the assessmentslbonded 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) S7. Prior to approval of each Final Map, present verification to the City Engineer in the form of a letter fj-om Otay Water District that the subdivision will be provided adequate water service and long-term water storage facilities, The Developer shall phase and install water system improvements as required by the Otay Water District. (Engineering, Planning and Building) S8, The Developer shall grant all necessary easements required to serve the Project and adjacent lands with water. (Otay Water, Engineering, Planning and Building) EASEMENTS S9, Prior to approval of the first Final Map, enter into a maintenance agreement and grant easements as necessary for landscaping and improvements including water quality facilities maintained by a Homeowners Association within City right-of-way or such other public areas required by the City. (Engineering) 60. The Developer shall indicate on all appropriate Final 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 Map, all off-site right- of-way necessary for the installation ofthe required improvements. 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 Project. (Engineering) 61. The Developer shall grant easements to subsequent owners pursuant to Section 18.20.ISO of the City Code on any Final Map that proposes private utilities or drainage facilities crossing property lines as directed by the City Engineer. (EngineerinR) 62. Where a private storm drain easement wi1l para1lel a public sewer easement, the easements shall be delineated separately on the Final Map and on the grading and improvement plans, If any portion of the easements will overlap one another, the City sha1l have a superior right to the common portion of the easements. 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) 63, The Developer shall grant on the final maps minimum 1 S' wide easements to the City ofChula Vista as required by the City Engineer for construction and maintenance of sewer facilities. (Engineering) 17 ~7 AGREEMENTSIFINANCIAL 64, Prior to approval ofthe first Final Map for the Project, the Developer shall either enter into a Third Affordable Housing Agreement or amend an existing affordable housing agreement as directed by the City's Director of Community Development to provide affordable housing units as specified in the adopted Salt Creek Ranch SPA Plan and as modified, or otherwise approved by the Director of Community Development to include an additional requirement for two housing units for low income households or the equivalent thereofbased upon five percent of the 43 residential lots created in Neighborhood 7C. (Community Development) 6S. The Developer 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 and Building) 66, Any and all agreements that the Developer is required to enter into hereunder shall be in a form subject to approval ofthe City Attorney, (City Attorney) 67. The Developer shall enter into a supplemental agreement with the City, prior to approval of each Final Map, where the Developer agrees to the following: a. Notwithstanding any provisions set forth elsewhere in these conditions, the City may withhold building permits for the subject subdivision if any of the following occur: 1. Regional development threshold limits set by the City have been reached or in order to have the Project comply with the Growth Management Program as may be amended from time to time, 11. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with 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. 111. The required public facilities, as identified in the PFFP, or as amended or otherwise conditioned have not been completed or constructed to the satisfaction ofthe 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 Director of Engineering.. b. To defend, indemnify and hold harmless the City and its agents, officers and IS .,) If 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 ofthe State Map Act provided the CitypromptIy 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 al1 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 rranchised 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 CityofChula 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 al10w the Developer reasonable time to cure said breach. e, Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting rrom this Project. (Engineering) 68, The Developer shal1 enter into an supplemental agreement with the City prior to approval of the first Final Map for the Project, where the Developer agrees to the fol1owing: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP), b, To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. (Engineering) 69. Prior to approval of each Final Map, the Developer shall agree to contract with the City's current street sweeping rranchisee, or other server approved by the City Engineer to provide public street sweeping, if any, for each phase of development on a rrequency and level of service comparable to that provided for similar areas of the City. The Developer shal1 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 19 d- c, sweeping service, which memo shall include a map of areas to be swept and the date the sweeping will begin. (Public Worb) 70, The Developer 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 Developer shall enter into an agreement, prior to approval of the first map, with the City which states that the Developer will not protest the formation of any potential future regional benefit assessment district formed to finance regional facilities. (Engineering) 71, The Developer agrees that the maintenance and demolition of all interim facilities (public facilities, utilities and improvements) is the Developer's responsibility, and that construction and demolition bonds will be required to the satisfaction ofthe City Engineer. (Engineering) 72. 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 General Services and approved in form by the City Attorney, (Engineering) PHASING 73, Ifthe Developer proposes to modify the Salt Creek Ranch SPA Plan approved phasing plan, the Developer shall submit to the City a revised phasing plan for review and approval prior to approval of the first Final Map for the Project. Phasing approved with the precise plan may be amended subject to approval by the Director of Planning and Building and the City Engineer. (Planning (/nd Building, Engineering) HOME OWNER ASSOCIATION (HOA) DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS (CC&R's) 74. Prior to the approval of the first Final Map for the Project, the Developer shall: a. Submit evidence, acceptable to the City Engineer and the Director of Planning and Building of the formation ofa Homeowner's Association (HOA), or another financial mechanism acceptable to the City Manager. The HOA 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 ofthose 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 HOA shall be made during the Open Space District Proceedings, The HOA 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 20 -=)..-) areas. The HOA 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 HOA's for the Open Space Areas within the Project area. Developer shall acknowledge that the HOA's maintenance of public open space, trails, etc, may expose the City to liability, Developer agrees to establish a HOA that will hold the City harmless from any actions ofthe HOA in the maintenance of such areas; and, c. Submit and obtain approval of the City Engineer and the Director of Planning and Building of a list of all HOA 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 Homeowner's Association and shall include a description, quantity and cost per year for the perpetual maintenance of said improvements. These lists shall include but are not limited to all facilities located on open space lots including: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping, Each open space lot shall also be identified 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 (Engineering, Planning and Building) 7S. Prior to the approval of each Final Map, Declaration or Supplementary Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to the approval ofthe City Engineer. The CC&R's shall include the following obligations of the Homeowners Association: a, A requirement that the HOA shall maintain comprehensive general liability insurance against liability incident to ownership or use of the following areas: 1. A1l open space lots that shall remain private, 11. Other Association maintained property, b. Before any revisions to provisions of the CC&R's that may particularly affect the City can become effective, said revisions sha1l be subject to approval of the City, The HOA shall not seek approval from the City of said revisions without the prior consent of 100 percent ofthe holders of first mortgages or property owners within the HOA. c. The HOA sha1l 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 HOA. 21 ?:,( d. The HOA shal1 not seek to be released by the City from the maintenance obligations described herein without the prior consent ofthe City and roo percent of the holders of first mortgages or property owners within the HOA, e. The HOA 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, name the City as additionally insured to the satisfaction of the City Attorney, and shall not contain a cross party exclusion clause, 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 HOA membership in an advance notice service such as the USA Dig Alert Service in perpetuity. 1. The CC&R's shall include provisions that provide the City with the right but not the obligation to enforce the CC&R provisions the same as any owner in the Project. J. The CC&R provisions setting forth restrictions in these Tentative map conditions may not be revised at any time without prior written permission of the City, k. The CC&R's shall contain provisions assuring the implementation, maintenance and monitoring of post construction BMP's, (Engineering, Planning and Building) 76. Future property owners shall be notified during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of the HOA and their estimated annual cost. Developer shall submit the document and obtain the approval of the City Engineer and Director of Planning and Building prior to close of escrow. (Engineering, Planning and Building) 77, Developer agrees that the HOA will be responsible for the maintenance of all brow ditches within Open Space Lot "A", PARKS AND LANDSCAPING 78, In addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of2S feet in height shall be landscaped and irrigated to soften their appearance as follows: one S-gal1on or larger size tree per each 1 ,SOO square feet 22 3J-. of slope area, one 1 -gallon or larger size shrub per each 100 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 corresponding final map. (Planning and Building) 79, The Developer sha]] enter into an agreement to insta]] and shall install all street trees in accordance with Section 18,28,10 ofthe Chula Vista Municipal Code. All street trees sha]] be selected from the list set forth in the Project's Landscape Master Plan and shall be planted in parkways, or as otherwise approved by the Director of Planning and Building, The Developer wi]] maintain street tree identification stakes in location as shown on approved preliminary plans until a]] dry utilities are in place, The Developer sha]] 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. Complete preliminary street improvement plans that show the location of all future street trees, which wi]] be subject to the review and approval of the Director Of General Services and the Director of Planning & Building. b, Place wood stakes on site prior to utility installation according to approved preliminary street tree plans and sha]] be painted a bright color and labeled as future street tree location, c. Provide the City documentation, acceptable by the Director Of General Services and the Director of Planning and Building, that all utility companies have been given notice that no dry utility line sha]] be located within five feet ofthe wood stake in any direction, d. Maintain street tree identification stakes in location as shown on approved preliminary plans until a]] dry utilities are in place. Submit final street tree improvement plans, including mailbox locations, for review and subject to the approval ofthe 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 ofthe street tree improvement plans shall constitute final approval of the selection of street trees for the street parkways, (Engineering, Planning, Department of General Services) 80. Prior to approval of each Final Map, provide proof to the satisfaction of the City Engineer and Director of General Services that all improvements located on open space lots will be incorporated into and maintained by a Home Owner's Association. (Engineering. Department afGeneral Services) 81. Prior to approval of each Final Map, agree to have future property owners oflots adjacent to 23 3~ open space lots sign a statement at the time of property purchase, indicating that they are aware and acknowledge that the perimeter walls within open space lots are the property of the HOA, and that they may not modify or supplement the wall, or encroach onto open space property, These restrictions shall also be reflected in the CC&R's that are recorded against each property, (Engineering, Department of General Services) 82. Applicant shall keep any necessary retaining walls to a minimum and/or if a grading solution can be found, retaining walls will not be used to gain additional space for the street corridor unless approved as shown on the Tentative Map. The retaining walls are to be located and detailed on all applicable grading plans for the Project, and subject to the approval of the Directors of Planning and Building, Public Works and General Services, 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. If a 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 necessary. (Department of General Sen'ices) 83, Prior to approval of the first Final Map for the Project, in leiu of the preparation of a landscape master plan, the applicant shall prepare, submit and obtain the approval of the Directors of Planning and Building and General Services of an initial set oflandscape and irrigation construction document plans at a minimumofSO% completion level, indicating all proposed plant materials and their locations as well as irrigation point of connection information (meters, backflows, controllers, mainline routing, etc). All proposed planting and irrigation shall be consistent with the Salt Creek Ranch SP A,_as amended, existing surrounding Rolling Hills Ranch neighborhoods as well as the City ofChula Vista Landscape Manual and standards to the satisfaction of the Directors of Planning and Building and General Services. The final landscape and irrigation plans shall be submitted pursuant to the Subdivision Manual. (Department of General Services) 84. Prior to the issuance of each grading permit for the Project, the Applicant shall prepare, obtain the approval of and secure to the satisfaction of the Director of Planning & Building all landscape and irrigation slope erosion control plans, 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 landscape and irrigation slope erosion control in accordance with approved plans no later than six months fiom the date ofissuance of the grading permit. If the work cannot be completed within the specified time, the Applicant may request an extension, which may be granted at the discretion ofthe Director of Planning & Building, Such a request shall be submitted for approval in writing to the Planning & Building Department sufficiently in advance of the end of the six-month timeframe to allow processing of the extension. Notwithstanding the time of installation of landscape and irrigation slope erosion control, Applicant shall remain in compliance with NPDES. (Planning, Department of General Services) 24 ~'-( EMERGENCY SERVICES 8S, The Developer 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 Developer 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 of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of20 feet or acceptable alternative subject to approval of the Fire Marshall and in compliance with the U,F,C. c, Street signs installed to the satisfaction ofthe 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 oftemporary street signs shall be subject to review and approval by the Department ofPubIic Works and Fire Department. (Fire. Planning, Engineering) 86. The Developer 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) 87. In addition to those fire hydrants depicted on the tentative map, the Developer shall install additional fire hydrants upon request and to the satisfaction of the Fire Department. (Fire, Planning, Engineering) CODE REQUIREMENTS 88, The Developer shall comply with all applicable sections ofthe Chula Vista Municipal Code. Preparation of the Final Map for the Project and all plans sball be in accordance with the provisions of the Subdivision Map Act and the City ofChula Vista Subdivision Ordinance and Subdivision Manual. Underground all utilities within the subdivision in accordance with Municipal Code requirements. (Engineering) 89. The Developer shall pay the following fees in accordance with the City Code and Council Policy: a. Signal Participation Fees. b. The Transportation and Public Facilities Development Impact Fees including the Recreation Development Impact Fees. 2S 1")- c. All applicable sewer fees, including but not limited to sewer connection fees, d. Interim SR-12S impact fee. e, Salt Creek Sewer Basin DIF. Pay the amount of the above fees in effect at the time of issuance of building permits. f Pumped Sewer DIF (If the Salt Creek Sewer Main Interceptor up to the Olympic Parkway Pump Station is not accepted by the City prior to the Project's first Final Map), (Engineering) 90. The Developer shall comply with an 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) 91. The Developer shan ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section S.46.020 regarding projected taxes and assessments. Submit the disclosure form for approval by the City Engineer prior to Final Map approval. (Engineering) 92, The Developer shan comply with Council Policy No, S22-02 regarding maintenance of natural channels within open spaces, if any. (Engineering) MISCELLANEOUS 93. Within thirty (30) days ofthe City Council approval ofthese map conditions, or prior to the submittal of the first Final 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 shan be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file shan 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) g, NPDES facilities (annotation) The digital drawing file shan be submitted in accordance with the City Guidelines for Digital 26 -3(. Submittal on 3 Yz" disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. (Engineering) 94, Prior to Final Map approval, the Developer shall submit copies of all tentative maps, final maps, grading and improvement plans in a digital format. The drawing proj ection 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 CenterIines (polylines) d. Easements (polylines) e, Street Names (annotation) f. Lot Numbers (annotation) g. NPDES facilities (annotation) The final map, grading plan, improvement plan, and maintenance responsibility map 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 \12" disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. (Engineering) 9S, Tie the boundaryofthe subdivision to the California System-Zone VI (1983). (Engineering) 96. Prior to approval of the first Final Map for the Project, the Developer shall provide evidence, satisfactory to the Director of Planning & Building that all school district requirements have been satisfied. (Planning & Building). 97. The Developer shall comply with all provisions of the Project's Air Quality Improvement Plan (AQIP). The Developer hereby agrees to implement all AQIP measures as approved by the City Council, and to comply and remain in compliance with the AQIP. (Planning and Building) 98. The Developer 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 Developer shall be required to modify the Air Quality Improvement Plan (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. (Planning and Building) 99. The Developer shall comply with all provisions of the Project's Water Conservation Plan 27 37 (WCP). The Developer hereby agrees to implement al! WCP measures as approved by the City Council, and to comply and remain in compliance with the WCP, (Planning and Building) 100. The Developer 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 Developer shall be required to modify the Water Conservation Plan (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 shal1 apply to development within al1 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, (Planning and Building) 101. Prior to approval ofthe first Final Map for the Project, submit to the Planning and Building Department 20 copies of the adopted Salt Creek Ranch General Development Plan, SPA, Planned Community District Regulations and Public Facilities Financing Plan, all as amended, in plastic binders, Specific document format, table of contents, binder size and titles shal1 be as determined by City staff. (Planning & Building) XIII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition al1 certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. XIV. 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, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, il1egal or unenforceable, this resolution shal1 be deemed to be automatical1y revoked and of no further force and effect ab initio, Presented by: Approved as to form by: 28 38 Jim Sandoval Acting Director of Planning & Building 29 ::'C1 Ann Moore City Attorney EXHIBIT 1 LOCATOR 'Yo I I J...111111~'>-1.g 11 I I ci, ...-'--:A ,. lilT --I _'-- , ,- ,-t- _- ~ lr l TI H\3;=:- 1= =~ tfH ffill ' ~ ..D--J-.::: --\--- :---- I(H~~O ~ m~~~ :r T [\ J-' r= \' II I j\~ '^ \\ f-- \ [~ PROCTOR VAllEY ROAD 1:::- 2:}l[1 i 11111 rrtQ :>1 I::: I-ri-Jml mm \ IJ \:1 .J.llJ1tj11111\1\\\l :.1~ dJf '! Ill' ;::;P?:. 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" l\)~1\)a '7<'~ ATTACHMENT 3 DISCLOSURE STATEMENT Appendix 8 THE C, , , OF CHULA VISTA DISCLOSURE Sl K (EMENT 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. Me MILLIIJ 001 ut.ll. "-ILL'; fZ.AI-lCU/ l.LC 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. ME./lC.~ VAlLn.lSOJ; LIMlfSJ> V.PrftTN!:fl.SU-'P) A OaAWAf.E LlM,reD rAlI. W'lLl'An..l..\ 1\1 COr.l\PANI&.>, Lit. , A .DEU\WAU L''',Ml"bD LIA-'F,IU'H CD. / ./ 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 $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes No ~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. C/2Al(;". t::ulUA y A-MA l-I-uM$Atet. ~ A-SSoCI A n,;,s TOMAS QOM~b .....::f,LlD bUi'l~ A5Soc/JI<f'GS To M. 1D N\ uN SoN 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 V" If yes, state which Councilmember(s): (NOTE: ATTACH ADDITIONAL PAGES AS NECESSARY) Date: \2- IB-Oz. r\ /~~.~ Sig ature of contracto applicant b"'tD G:.AAf Print or type name of contractor/applicant y~ '" Person is defined as: "Any individual. firm, co-parrnership, joint venture, association, social club, freaternal organi.=ation, corporation, estate, trust, receiver, syndicate. this and any other county, city and country, city municipality, district, or other politlcal subdivision, or any other group or combination acting as a unit. " - >.J,..l..!,~,t.._ . ..~';,.... -~!"l '" " ~~. ,,::,~;.,;:~-:::, ,- , ..,'~.,-_.. , '~-' ~' " ,'-,' ,i~ .',,~t",~" ;:.;; ",~."~,r i, ',",.:' p-~u.RC!\. 'j'JIi!' '.L....,.:~.;c- -,' "'-~ '_. i";r:.-"~-'~'i;.::.'," :CU1{,.' OFFICE OF THE MAYOR Stephen C. P,1di]]a !'1! /\I.lr I:r,. {~ August 5th, 2003 Mr. Robert A. Burke 2290 Mackenzie Creek Road - No, 105 Chula Vista, California 91914 Dear Mr. Burke, Thank vou for \'our valuable input regarding Rolling }--liIls Garden Apartments. In vour communication, YOU mentioned several areas of concern, To that end, I have taken the liberty of sharing copies with the respective City departments for appropriate response as well as me Planning Commission, Safe1:\' Commission and Commission OT' Aging as a ~ u reference, Once again, I appreciate the time you've taken to COG'C'spond with my office and hope you will continue to maintain your i:lterest in the Citv of ChuJa Vista. Sincerelv, ('- I /i () /~ / (;/ ~~ Stephen C. Padilla Mavor SCP:pw 2~(, h)urth .\\\'l1l1l' . t.__hL!L~ \'i"-1,' .. Ld]ltornii'1 L-/FI'jIJ . in>: .,'-Jj ?}{q..; . Fe:' ...,lLl) -1:-r-::::-;:-1..1 --L"cldiU,1;(!',,'i..-iI111il-\'I:-.td (-; ll"- . .-~ ~~- ,----,' - 1..- _ ' L ~--. I'"~ t ,__. " 8 2:,c' ,.'Jj / ~. W~\- -', ,-_. --~ .--_. .-_-.-. ,,--' '--- 2200 MAIKENZI'" r-~-K Pr'- -....F '-", L- _;<t:..t:.. ",-,,'!",L) APARTM::::~H NUMBER 105 CHULA VISTA CA 9~914,3544 PHONE 16191 421,(217 JULY 24. 2003 MAYOR STEVE PADILLA 276 4TH AVE CHULA VISTA CA. 91910 DEAR MR. MAYOR AND CITY COUNCIL: I WAS IN TO TALK TO STAN DUNN OF THE CITY PLANNING DEPARTMENT ABOUT THE ROLLING HILLS GARDEN APARTMENTS SOME TIME AGO THIS PAST YEAR, IT WAS MENTIONED I SHOULD LET HIM KNOW SOME OF THE PROBLEMS THAT J HAVE NOTICED AT THIS COMPLEX, THE FIRST PLACE THIS COMPLEX IS LISTED AS SENIOR LIVING. THEY MIGHT RENT TO SENIORS BUT IT IS NOT A SENIOR COMPLEX AT ALL. PLEASE NOTE THE FOLLOWING: (1) THE BUILDERS SUBMIITED PLANS TO MAKE THE CITY THINK THAT THIS WAS A SENIOR COMPLEX BY PROVIDING SOME HANDICAPPED FACILITIES, MY NOTES: . IN ORDER FOR THE HANDICAPPED TO GET ANYWHERE AROUND HERE THEY MUST GO AROUND BUILDINGS TO GET THERE INSTEAD OF HAVING SHORTEST WALKWAYS POSSIBLE. · WHEN WE HAVE A POWER OUTAGE (WHICH WE HAVE HADJZ RECENTLY) THEY CANNOT USE THE ELEVATORS, AND THEREFORE TRAPPED UPSTAIRS. AS THERE IS NO EMERGENCY POWER. . THERE ARE NOT ENOUGH PARKING SPACES CLOSE TO THE ELEVATORS FOR THOSE INDIVIDUALS. . THE HANDICAPPED MUST WAIT FOR SOMEONE TO OPEN DOORS FOR THEM THAT NEED EXTRA STRENGTH TO OPEN AT COMMUNITY GATHERING 1 AREAS. . IN ORDER TO GET HOT WATER TO THE KITCHEN OR ONE OF THE BATHROOMS ONE MUST LET THE WATER RUN FOR AT LEAST ONE GALLON OF WATER. Now IF THIS COMPLEX PLUS ALL THE RESIDENCES IN THE CITY, MULTIPLY THAT THEN THERE IS AN AWFUL LOT OF WATER BEING WASTED. I WAS A BUILDER AND WOULD PUT IN EITHER INSTANT HOT SYSTEMS OR CIRCULATING PUMPS WHICH WAS ONLY A 12 VOLT SYSTEM (ONLY OPERATABLE WHEN TURNED ON) IN ORDER TO CONSERVE WATER. (2) WHEN WE HAVE VISITORS AND THEY MUST PARK IN THE REAR OF THE COMPLEX WHERE THERE IS ONLY ONE HANDICAPPED RAMP TO GET INTO THE COMPLEX AREAS WITHOUT WALKING AROUND BUILDINGS USING THE STREETS. THERE ARE NO REAR STAIRS FOR OUR VISITORS, AS THEY ARE NEEDED. (3) THE COMMUNITY ROOM CALLED THE LIBRARY IS TO SMALL FOR ANY GATHERING OF THE WHOLE COMMUNITY, WHICH WE HAVE HAD ON OCCASION, (4) WE WERE TOLD THAT AS SOON AS THIS COMPLEX WAS FILLED WITH RENTERS THEN THE ADJOINING PROPERTY, WHICH WAS SOLD TO THE MCMILLAN COMPANIES, WAS GOING TO BE A CONTINUATION OF THIS SENIOR COMPLEX, NOW AFTER MANY RUMORS WHAT WAS GOING TO BE BUILT THERE ON THE 10.50 ACRES WE FIND OUT THAT THERE WILL NOT BE A CONTINUATION OF THIS COMPLEX BUT EITHER SINGLE DUPLEXES, TOWN HOMES. OR CONDO'S, THE OTHER PROBLEM WITH THAT PROPERTY IS WHEN BUILT THEY WILL BE USING OUR DRIVE AND IT CIRCLES AROUND TO THAT PROPERTY'S ENTRANCE. MANY OF THE BUILDINGS BUILT WILL BE USING OUR DRIVE WAY FOR SURE BECAUSE MANY OF THEIR DRIVEWAYS ARE ALREADY IN EXCEPT THAT THERE IS A TEMPORARY FENCE IN THEIR PLACE. ONE WOULD THINK THAT THEY WOULD BE USING OUR VISITORS PARKING, WHICH WILL CLOUGH UP THE COMPLEX PARKING TOO, AND PROBABLY OVERFLOW ON TO MACKENZIE CREEK ROAD. MUCH OF THE CARS PARKING ON MACKENZIE CREEK RD. ARE NOT DUE TO 2 ACTIVITY AT THE PARK BUT THOSE PEOPLE THAT LIVE IN THE APARTMENT AND TOWN HOMES ON SAN MIGUEL. ApPARENTLY THERE IS NOT ENOUGH PARKING PLJ>.CES IN THAT COMPLEX OR ELSE THEIR GARAGES ARE STUFFED FULL OF BELONGINGS. MOST RESIDENTS HERE BELIEVE THIS IS VERY POOR PLJ>.NNING WHEN THOSE APARTMENTS WERE BUILT. A GROUP OF TENANTS HERE HAVE COMMENTED ON THE POOR PLJ>.NNING OF SAN MIGUEL ST. WHEREAS THERE IS NO PARKING ON THE EAST SIDE OF THE STREET SOUTH OF 'H' STREET, THERE IS A BIKE LJ>.NE WIDE ENOUGH FOR ONE CAR PLUS TWO LANES FOR CARS TO TRAVEL FROM SOUTH TO 'H' STREET. THERE IS ENOUGH ROOM ON THAT STREET TO LET CARS PARK ON A DIAGONAL AND STILL HAVE ROOM FOR A SMALLER BIKE LANE. WE REALLY HAVEN'T HAD MANY BIKES ON THAT ROAD AS YET, IF THE PLANNING OR TRAFFIC CONTROL DEPARTMENTS WOULD LOOK AT THE OVERFLOW OF CARS IN THE TWO COMPLEXES ON MT MIGUEL ST. THEY WILL SEE THE PROBLEM AS THESE PEOPLE LOAD UP THE STREET PARKING AND USE MACKENZIE CREEK RD AS WELL. WE HAVE SEEN MANY TRAFFIC TICKETS GIVEN OUT ON MT, MIGUEL DUE TO PARKING PROBLEMS. How ABOUT HELPING THOSE PEOPLE OUT ON THEIR PARKING. AFTER ALL WE ARE HERE TO SERVE ONE ANOTHER ESPECIALLY BY GOVERNMENT EMPLOYEES BEING SERVANTS OF THE PEOPLE THAT PAY THE TAXES, WHICH PAY THEIR WAGES. WE HAVE PEOPLE WANDERING AROUND OUR COMPLEX AT ALL HOURS THEN EXIT TO THEIR CARS AT THE PARK PARKING LOT. WE HAVE ALSO HAD DIFFERENT ITEMS STOLEN FROM THE PROPERTY SUCH AS TWO VEHICLES, THIRTY FIRE EXTINGUISHERS WITH SOME BEING SPRAYED IN HALLWAYS; A PATIO CHAIR; THEY EVEN TRIED TO STEAL THE BAR-BQ WHICH IS INSET IN A CERAMIC TILE COUNTER. BECAUSE IT IS HOOKED UP TO A GAS LINE THEY MUST NOT HAVE HAD THE TOOLS TO REMOVE IT. (5) AFTER THIS COMPLEX WAS FILLED IT WAS SOLD AND WE WERE SENT LETIERS THAT OUR RENT WOULD BE ::3 INCREASED BEFORE OUR LEASES WERE UP. WE HAVE RESOLVED THAT SITUATION SINCE BY THE TENANTS HIRING AN ATTORNEY. WE ARE ALL ON LIMITED FIXED INCOME AND SOCIAL SECURITY DOES NOT INCREASE AS MUCH AS THE PROJECTED INCOME. A FIXED PRICE WAS SET ON THE LIMITED INCOME ONE COULD MAKE IN ORDER TO RENT HERE. WELL IT WAS SET AT AN AMOUNT SO THAT THE RENT COULD BE RAISED AT LEAST TO 30% OF THAT AMOUNT. THE TENANTS HERE ARE UP IN ARMS BELIEVE ME, (7) DON'T BUILD A SENIOR COMPLEX ACROSS THE STREET FROM A PARK OR SCHOOL AS THE PARK NOISE FROM BASKETBALL PLAYERS LAST TILL 10PM AND SOMETIMES THE PLAYER HAVE HUNG AROUND TILL TWO IN THE MORNINGS. ITS NOT JUST THE SCHOOL CHILDREN THAT ARE NOISY, BUT THE AFTER SCHOOL ACTIVITIES, POP WARNER FOOTBALL, SOCCER. CHEERLEADER PRACTICING, AND YOU NAME IT, WE HAVE NOTICED ON SEVERAL OCCASIONS THAT CHILDREN ABOUT 12 AND UNDER ARE TROUBLEMAKERS AT THE PARK. THEY HAVE BEEN NOISY, CLIMBING ON TOP OF THE TRASHCAN AREA ROOF, AND PICKED UP GRAVEL (THE COLORED STONE) FROM THE PLANTING AREA AND THROWN HANDFULS INTO THE STREET. THIS HAPPENS QUITE OFTEN AS WELL AS LIDS FROM THE WATERING VALVES. I PERSONALLY HAVE PICKED MANY OF THOSE LIDS OUT OF THE STREET. SOMETIMES THEY SKATEBOARD ON THE APARTMENT GROUNDS AND MUST BE CHASED AWAY. (8) THE STREET MACKENZIE CREEK ROAD IS A RACEWAY FOR PEOPLE THAT LIVE BEYOND HERE AND THOSE THAT TAKE SHORTCUTS GOING I DO NOT KNOW WHERE. WE NEED SPEED BUMPS OR SOME METHOD TO SLOW TRAFFIC NOT ONLY FOR THE CHILDREN IN THE AREA BUT IT IS A MATTER OF TIME BEFORE ONE OF THE SENIOR THAT DO NOT HAVE QUICK REFLEXES GETS WIPED OUT GETTING OUT OF THE COMPLEX. . (9) ENTERING H STREET FROM MT. MIGUEL IS ANOTHER PROBLEM. MY WIFE AND I HAVE BEEN 4 STOPPED ON MT. MIGUEL AND THREE TIMES CARS HAVE SPED RIGHT THROUGH THE STOP SIGNS ON H ST. ON OTHER OCCASIONS CARS WILL BE FIVE ABREAST AT THE STOP SIGN GOING EAST WITH CARS BEHIND SOME OF THEM, AND MAYBE THREE CARS WILL TAKE OFF WHEN YOU HAVE THE RIGHT OF WAY AND THE ONES BEHIND THEM WILL FOLLOW THEM. IT SEEMS THAT IF NO LAW ENFORCEMENT IS AROUND THAT IS A MAJOR HAZARDOUS TRAFFIC CORNER. SINCE WRITING TO MR. DUNN WE HAVE SEEN MORE TRAFFIC CONTROL POLICE OFFICERS IN THE AREA GIVING TICKETS (10) IF THE CITY ~ANTS TO SAVE MONEY ON SOME OF THE POWER THE SHOULD HAVE A WAY TO SHUT DOWN ^ THE LIGHTS AT THE PARK WHEN IT IS NOT IN USE, ESPECIALLY ON COLD NIGHTS, RAINY NIGHTS, AND WEEKEND NIGHTS WHEN NO ONE SHOWS UP, TALK ABOUT WASTE, AND NO ONE OUT CHECKING ON THESE ITEMS, (11) HOPEFULLY THIS NEXT PROBLEM HAS BEEN SOLVED AS I PERSONALLY CALLED PARK AND RECREATION AND COMPLAINED BECAUSE ON WEEKENDS THE CLEAN UP CREWS WERE OUT THERE CLEANING WITH NOISY BLOWERS. BANGING TRASHCANS AND LIDS AT 6AM. SOME OF THE SENIORS LIKE TO SLEEP IN AND I BELIEVE THEY DESERVE IT AFTER THEIR YEARS OF LABOR, EVEN THOUGH I'VE SENT THIS LElTER TO STAN DUNN OF PLANNING AND COMPLAINED TO THE PARK AND RECREATION ! DEPARTMENT, SOMETIMES THE WORKMEN ARE OUT j THERE EARLIER THAN SEVEN O'CLOCK IN THE MORNINGS, AND ONE TIME WITH DOORS OF CITY TRUCK OPEN WITH RADIO BLASTING SO IT COULD BE HEARD WHEREVER THE PERSON WAS WORKING. WHEN I WAS GROWING UP IN SAN DIEGO ALL THE PLAYGROUNDS HAD A BUILDING WITH A COACH IN CHARGE THAT CHECKED OUT BALLS, GAMES CHESS SETS CHECKERS, PING PONG, POOL QUE'S AND BALLS FOR THE POOL TABLES, AND OTHERS GAMES. WE HAD TOURNAMENTS AND LEAGUES AGAINST OTHER PLAYGROUNDS IN ALL SPORTING EVENTS. THE COACH 5 KEPT ORDER AND TURNED ON AND OFF LIGHTS AND SECURED THE GROUNDS. LATER ON MOVE ON HOMES WERE PLACED ON SCHOOL SITES WITH GROUNDS KEEPERS LIVING IN THEM, WHICH KEPT ORDER OF THE GROUNDS. I STILL SEE SOME OF THEM AROUND CHULA VISTA AT SOME SCHOOL GROUNDS. I HOPE THIS OPENS A FEW EYES IN OUR CITY. ITS TOUGH ENOUGH GETTING OLDER WITH ALL THE PHYSICAL AILMENTS. BUT FOR OTHERS TO MAKE LIFE MORE MISERABLE FOR US IS THE PITS, I KNOW IF IT WERE FOR ONE OF THEIR OWN FAMILY MEMBERS THEY WOULD BE A LITTLE MORE CONCERNED. AFTER 911 IN NY SOME PEOPLE WERE PROUD TO SAY THAT WE WERE A UNITED AMERICA. AND UNITED WE STAND. IT'S A CROCK OF BULL TOO AS YOU GET ON THE FREEWAYS AND AT THE SPEED LIMIT IT SEEMS AS THOUGH YOU ARE STANDING STILL AS OTHERS GO BY. I'VE HAD THE BIRD FLIPPED AT ME FOR GOING THE SPEED LIMIT ON H ST, JUST BECAUSE THE PERSON COULD NOT GET BY SO HE COULD GET ON THE FREEWAY RACEWAY. THEY ALSO FOLLOW SO CLOSE THAT THEY ARE ALMOST LETTING YOU KNOW THEY ARE TRYING TO PUSH FASTER. ! JUST WANT TO ADD THAT THOSE FREEWAYS ARE NOT FREE NOR IS IT JUSTIFIED FOR SENIORS TO BE MISTREATED ESPECIALLY AFTER MANY OF US ARE VETERANS OF FOREIGN WARS, MANY OF US PUT OUR LIVES ON THE LINE SO THOSE ROADS AND APARTMENTS MAY BE BUILT, AND AT OUR AGES WE HAVE CERTAINLY PAID IN OUR SHARE OF GAS, CITY, STATE, AND FEDERAL TAXES TO PAVE THOSE ROADS AND FREEWAYS. CAN YOU TELL MY HEART IS HEAVY WITH DISGUST? ONE LAST SUGGESTION: REGARDING PROCTOR VALLEY ROAD FROM MT MIGUEL ST. TO BONITA SAN MIGUEL RD. WEST OF MT. MIGUEL ST. AT SAN MIGUEL RANCH SUBDIVISION THERE IS A DIRT SECTION IN THE SECTION OF ROAD, WHICH THE COUNTY SAYS IS SCHEDULED TO BE PAVED IN 2004. THIS 6 SECTION IS USUALLY WASH BOARDED AND VERY DANGEROUS TO DRIVE ON. WE WITNESSED FOUR ACCIDENTS IN ONE MONTH IN DECEMBER OF 2002. THESE ACCIDENTS WERE CAUSED USUALLY BY SOFT DIRT; WASH BOARD CONDITIONS; SPEEDING AND CARS ON THE WRONG SIDE OF THE ROAD IN ORDER TO MISS THE ROUGH SURFACE. THE COUNTY HAS BEEN TRYING NEW SURFACES TO CUT DOWN ON THE MAINTENANCE. BUT DO NOT DO A COMPLETE JOB BY DOING THE WHOLE DIRT ROAD. CONSTRUCTION WORKERS IN THE VAST EASTERN EXPANSION AREAS OF CHULA VISTA, AND MANY HOMEOWNERS IN THE AREA ARE USING THIS ROAD HEAVILY AS THIS IS A SHORT CUT TO THE 54 AND 125 FREEWAYS. THIS AREA WILL EVENTUALLY BE ANNEXED INTO THE CITY WE HOPE, AS MANY ACRES IN THE AREA WERE PURCHASED BY THE CITY NOT LONG AGO ANOTHER SUGGESTION WOULD BE TO PUSH THE STATE 125 PROJECT IN ORDER TO GET MUCH OF THE HEAVY TRAFFIC OFF THE CITY ROAd;THAT ARE USE FOR RAC8NAYS AS WELL AS CONSTRUCTION THOROUGHFARES, FRE8NAY 805 WAS PUT IN BEFORE MUCH OF THE HOUSES WERE BUILT EAST OF IT, WE HAD A SIMILAR PROBLEM LIVING NEAR THE 805 AND TRAVELING TO THE FREEWAY 5, SOMETHING I WOULD LIKE TO SEE ADDED TO OUR POLICE DEPARTMENT WOULD BE AN UNMARKED VEHICLE IN TRAFFIC WITH RADAR CAMERA TAKING PICTURES OF SPEEDSTER'S LICENSE PLATES CLOCKING THEM AND THE CITY SENDING TICKETS TO OFFENDERS, THIS MIGHT SAVE THE POLICE FOR MAJOR PROBLEMS. REDUCE SPEEDING, AND THE SERVICE WOULD PAY FOR ITSELF. HOPEFULLY IT WOULD BE ADOPTED BY THE STATE AND WHOLE COUNTRY. IT COULD BE DANGEROUS, AS SOME LAWBREAKERS WOULD START SHOOTING AT AN OFFICER JUST SO THEY COULD SPEED. IT IS "BIG BROTHER" WATCHING, BUT SOMETHING MUST BE DONE, AS THE ROADWAYS ARE NOW RACEWAYS. SINCERELY, .c!4-J c. ~ ROBERT A. BURKE PAST MEMBER AND PAST CHAIRMAN BOARD OF APPEALS (8 YEARS) 7